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Home My WebLink About1994-12-21 PIN A L 7:00 P.K. December 21, 1994 Room 7, County Office Building 1) 2) 3) 4) 5) 6) 7) 8) Call to Order. Pledge of Allegiance. Moment of Silence. Other Matters Not Listed on the Agenda from the PUBLIC. Consent Agenda (on next sheet) . Public He.ring to splicit input on local community development and housing needs lin relation to Community Development Block Grant (CDBG) fundingfØr a project in the County. ZMA~94-14. HighlanQs West Land Trust (applicant), Lady B. Walton (owner) . (To ~e deferred Pebruary 8, 1995.) SP-94-25. ~ames ~/Becky Johnston. Public Hearing on a request to amend SP-84-38 to permit further division of a lot located on E sd of Rt 649 about~/2 mi SE of inters of Rts 649/643. Property of 67.485 ac is zoned RA. TM47,P8. Rivanna Dist. (This property is not located in a designated growth area.) ZMA-94-15. Philip A. Sansone. Public He.ring on a request to rezone 7.87 ac from R-l to R-I0 with proffered plan showing 34 dwelling units. Located off Rt 20 & Garnett Center Drive N of Wilton Country Homes. Site is recommended for low density residential (1-4 du/ac) in the Comprehensive Plan. TM78,P5BI. Rivanna Dist. CPA-94-03. Crozet Study. Public Bearing to consider the recommendations of the Crozet Study Committee to guide future development in the Crozet Growth Area. Authorize Chairman to execute East Rivanna Volunteer Fire Co., Inc., Service Agreement and set public hearing to approve tax exempt financing. Authorize Chairman to execute Scottsville's Amended Service Agreement for law enforcement services. Other Matters Not Listed on the Agenda from the BOARD. Adjourn. , 9) 10) 11) 12) 13) 14) CON S E N T AGENDA FOR APPROVAL: 5.1 Adopt ordinance to amend and reenact Chapter 2.1, Section 2.1-4, Subsect- ion (g) of the Code of Albemarle, known as the "Moorman's River Agricul- tural/Forestal District" to extend the life of the district for an additional time period of ten years. 5.2 Authorize County Executive to execute the Agreement for the Development and Administration of the Thomas Jefferson Parkway between the County and VDoT, and Agreement between the Thomas Jefferson Memorial Foundation, Inc., and the County. 5.3 Authorize use of Towe Park for construction of a skateboard facility. 5.4 Appropriation: Jefferson-Madison Regional Library. 5.5 Legislation pertaining to Public Defender's Office. 5.6 Legislation pertaining to solid waste authority. 5.7 Resolution requesting Industrial Access Road funding for the University Real Estate Foundation for new roadway to connect property to Route 606. 5.7a Resolution to accept Cindy Lane in Joyce Hill Subdivision into the State Secondary System of Highways. FOR INFORMATION: 5.8 Memorandum dated December 13, 1994, from Robert W. Tucker, Jr., County Executive, re: Jo Higgin's Job Description. 5.9 Letter dated December 9, 1994, from J. H. Shifflett, Jr., Maintenance Operations Manager, Department of Transportation, to Ella W. Carey, Clerk, stating that the northern Route 745 bridge over the Norfolk Southern Railway tracks south of Charlottesville will be closed to traffic in late December. 5.10 Copy of Arbor Crest Apartments (Hydraulic Road Apts.) Bond Program Report and Monthly Report for the month of November, 1994. 5.11 Letter dated December 8, 1994, from Michael J. Bednar, Associate Dean of Academic Programs, University of Virginia School of Architecture, to Walter F. Perkins, Chairman, re: Community Outreach Partnership Center. 5.12 Copy of the James River Alcohol Safety Action Program Financial State- ments for the year ended June 30, 1994 (on file in Clerk's office). 5.13 Final Report - 250th Birthday Celebration. 5.14 Copy of Planning Commission minutes for December 6, 1994. 5.15 Copy of 1993 annual Report for the Albemarle County Planning Commission. 5.16 Letter dated December 16, 1994, from J. S. Hodge, Chief Engineer, Department of Transportation, to Walter F. Perkins, Chairman, providing a copy of the comments from the October 26, 1994 citizens information meeting regarding the Route 29 interchange design (on file in the Clerk's office) . 5.17 Letter dated December 13, 1994, from James S. Givens, State Secondary Roads Engineer, Department of Transportation, providing notice that Cling Lane (Route 1226) in Crozet Crossing Subdivision was accepted into the State Secondary System of Highways, effective December 13, 1994. ~' c David p, Bowerman Charlottesvi11e COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S, Martin Rivanna Charlotte ¥, Humphris Jack Jouett Walter F. Perkins White Hal! Forrest R. Marshall, Jr. Scottsville Sally H. Thomas Samuel Mil!er MEMORANDUM TO: TO WHOM ADDRESSED Ella W. Carey, Clerk:g,;JC/ FROM: DATE: December 28, 1994 SUBJECT: Ordinance Adopted December 21, 1994 At its meeting on December 21, 1994, the Board of Supervisors adopted the following ordinance: An ordinance to amend and reordain Chapter 2.1, Agricultural and Forestal Districts, Section 2.1.4, Subsection (g) of the Code of Albemarle, known as the "Moorman's River Agricultural and Forestal District" to extend the life of the district for an additional time period of ten years. Attached is a copy of the adopted ordinance. EWC:mms cc: The Honorable James L. Camblos, II Rolisa C. Smith Municipal Code Corporation * Printed on recycled paper ORDINANCE NO. 94-2.1(7) AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2.1, AGRICULTURAL AND FORESTAL DISTRICTS SECTION 2.1.4, DISTRICTS DESCRIBED OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED by the Board of County Supervisors of the County of Albemarle, Virginia, that Chapter 2.1, Agricultural and Forestal Districts, is hereby amended and reordained by amending Section 2.1.4 (g), Moorman's River Agricultural and Forestal District, as follows: CHAPTER 2.1 Sec. 2.1-4. Districts described. (g) The district known as the "Moorman's River Agricultural and Forestal District" consists of the following described properties: Tax map 27, parcels 32, 40, 40A, 40A1, 42, 42A; tax map 28, parcels 2, 2A, 3, 4, 5, 6, 6A, 6B, 7Al, 8, 11, 12A, 12B, 13, 17A, 17C, 18, 23B, 23B1, 32B, 32D, 34B, 35, 35B, 37, 37A, 37B, 37C, 37D, 38; tax map 29, parcels 2C, 8, 8E, 8E, 8H, 8J, 8K, 9, 10, 15C, 40B, 40C, 40D, 49C, 50, 54A, 61, 62, 63, 63A, 63D, 67C, 69D, 69F, 70A, 70B, 70C, 70F, 70H1, 70K, 70L, 70M, 71, 71A, 73B, 74A, 76, 78, 79C, 80, 84; tax map 30, parcels 10, lOA, 12, 17A, 18E; tax map 41, parcels 15, 17C, 18, 37D1, 41C, 41H, 44, 50, 67, 67B, 68, 70, 72, 72B, 72C, 89; tax map 42, parcels 5, 6, 6B, 7, 8, 8A, 8C, 10, lOA, 10D, 25C, 25C1, 37F, 37J, 38, 40, 40C, 40D, 40D1, 40G, 40H, 40H2, 41, 42B, 42B1, 43, 43A, 44; tax map 43, parcels 1, 2, 2B, 3, 3A, 3C, 3D, 4C, 4D, 5, 5A, 9, 10, 17, 18, 18A, 18C, 18E4, 18F, 18G, 18J, 19I, 19N, 19P, 20A, 20B, 20C, 2l, 21A, 23A, 23D, 24, 25A, 25B, 30, 30A, 30B, 30D, 30G, 30H, 30M, 30N, 32H, 33, 33D, 34, 41, 42, 43, 45, 45A, 45C, 45D; tax map 44, parcels 1 part, 2, 24, 26, 26A, 26C, 27B, 27C, 28, 29, 29A, 29D, 30, 30A, 30B, 31, 31A, 31A1, 31D, 31F, 31G; tax map 59, parcels 32, 32A, 34, 35, 82A. This district shall be reviewed no more than ten (10) years from December 17, 1994. * * * * * I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of ordinance unanimously adopted by the Board of County Supervisors of Albemarle County, Virginia, at a regular meeting held on ecember 21, 1994. f¿l!t;rd~ounty isors r II David P. Bowerman Charlottesville COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 Charles S. Martin Rivanna Charlotte Y. Humphris Jack Jouett Walter F. Perkins White Hall Forrest R. Marshall, Jr. Scottsville Sally H. Thomas Samuel Miller MEMORANDUM TO: Robert W. Tucker, Jr., County Executive FROM: V. Wayne Cilimberg, Director of Planning and Community Development Ella W. Carey, Clerk fJJJC- December 27, 1994 DATE: SUBJECT: Board Actions of December 21, 1994 At the Board of Supervisors' meeting held on December 21, 1994, the following actions were taken (Note: Discussions on several items were deferred to other meetings due to smoke in the building) : Agenda Item No.1. Call to Order. Meeting was called to order at 7:00 p.m., by the Chairman. Agenda Item No.4. Other Matters Not Listed on the Agenda from the PUBLIC. Mr. Phil Waigand spoke about community education and how it relates to champion schools. Agenda Item No. 5.1. Adopt ordinance to amend and reenact Chapter 2.1, Section 2.1-4, Subsection (g) of the Code of Albemarle, known as the "Moor- man's River Agricultural/Forestal District" to extend the life of the district for an additional time period of ten years. ADOPTED the attached ordinance. Agenda Item No. 5.2. Authorize County Executive to execute the Agreement for the Development and Administration of the Thomas Jefferson Parkway between the County and VDoT, and Agreement between the Thomas Jefferson Memorial Foundation, Inc., and the County. AUTHORIZED execution of the agreements. Agenda Item No. 5.3. Authorize use of Towe Park for construction of a skateboard facility. APPROVED the construction of a skateboard facility at Towe Park contin- gent on the following: * Printed on recycled paper ( Date: Page 2 Robert W. Tucker, Jr. V. Wayne Cilimberg December 27, 1994 Memo To: 1. City of Charlottesville approval of same; 2. Assurance in writing along with necessary surety that the facility will be completed at no cost to the County; and 3. Support of operating funds for the facility in the FY 1995-96 operating budget based on budget analysis and need. Agenda Item No. 5.4. Appropriation: Jefferson-Madison Regional Library. DEFERRED until January 4, 1995. Agenda Item No. 5.5. Legislation pertaining to Public Defender's Office. DEFERRED until January 4, 1995. The Board requested additional informa- tion on how a public defender's office operates; how it is currently paid for; how much it currently costs to fund; where other offices are located in the state and whether the localities think they are effective. Agenda Item No. 5.6. Legislation pertaining to solid waste authority. CONCURRED with an amendment change to the Code of Virginia that would allow one solid waste authority to contract with another authority. I assume that staff will convey this action to Montgomery County and the local legisla- tors. Agenda Item No. 5.7. Resolution requesting Industrial Access Road funding for the University Real Estate Foundation for new roadway to connect property to Route 606. AUTHORIZED the Chairman to sign the attached resolution. Agenda Item No. 5.7a. Resolution to accept Cindy Lane in Joyce Hill Subdivision into the State Secondary System of Highways. ADOPTED the attached resolution. Agenda Item No. 5.8. Memorandum dated December 13, 1994, from Robert W. Tucker, Jr., County Executive, re: Jo Higgin's Job Description. DEFERRED until January 4, 1995. Agenda Item No. 5.13. Final Report - 250th Birthday Celebration. DEFERRED until January 4, 1995. Agenda Item No.6. Public Hearing to solicit input on local community development and housing needs in relation to Community Development Block Grant (CDBG) funding for a project in the County. The Board requested that consideration be given to increasing the time frame from five years to ten years for rehabilitation of rental units. ( Memo To: Robert W. Tucker, Jr. V. Wayne Cilimberg December 27, 1994 Date: Page 3 The Board APPROVED going forward with the housing rehabilitation project proposed by AHIP for CDBG funding and set the following project priorities for Planning Grants: (1) Community Center - Whitewood Road/Commonwealth Drive area, (2) Crozet Community improvements and (3) Agricultural Center/Farmer's Market. Agenda Item No.7. ZMA-94-14. Highlands West Land Trust (applicant), Lady B. Walton (owner). DEFERRED ZMA-94-14 until February 8, 1995. Agenda Item No.8. SP-94-25. James & Becky Johnston. Public Hearing on a request to amend SP-84-38 to permit further division of a lot located on E sd of Rt 649 about 1/2 mi SE of inters of Rts 649/643. Property of 67.485 ac is zoned RA. TM47,P8. Rivanna Dist. APPROVED SP-94-25 subject to the following conditions: 1. Approval is restricted to nine lots (in addition to the preservation tract) ; 2. No further subdivision rights on the 110.4 acres of land; 3. Division of Tax Map 47, Parcel 8, shall be permitted only as part of a Rural Preservation Development which includes Tax Map 47, Parcels 8, 8A and 9. Such development shall result in the combination of the three parcels to allow the creation of one new development lot and one preser- vation tract. The total acreage devoted to the development lot shall not exceed six acres and the Preservation Tract shall not be less than 63.55 acres. The building site shown on the Preservation Tract may be allowed as a development lot provided that the balance of the Preservation Tract is added to Lots 8B, 8C, 8E, 8F, 8G, 8H, 8I or the development lot authorized by this permit resulting in a Preservation Tract with a minimum acreage of 63.55 acres. This provision allows for transfer of the RPT acreage to only one of the aforementioned lots; 4. Any plat submitted for a Rural Preservation Development shall be reviewed under the administrative review procedures and no separate action by the Planning Commission shall be required for the creation of a Rural Preservation Development unless review by the Planning Commission is required pursuant to the administrative review procedures; and 5. Only one additional dwelling shall be allowed in the area of Parcel 8. Such additional dwelling shall be permitted only after approval of the Rural Preservation Development approved in accord with this permit on the Preservation Tract. Agenda Item No.9. ZMA-94-15. Philip A. Sansone. Public Hearing on a request to rezone 7.87 ac from R-1 to R-10 with proffered plan showing 34 dwelling units. Located off Rt 20 & Garnett Center Drive N of Wilton Country Homes. Site is recommended for low density residential (1-4 du/ac) in the Comprehensive Plan. TM78,P58I. Rivanna Dist. DEFERRED ZMA-94-15 until January 11, 1995. Agenda Item No. 10. CPA-94-03. Crozet Study. Public Hearing to consider the recommendations of the Crozet Study Committee to guide future development in the Crozet Growth Area. f r Memo To: Robert W. Tucker, Jr. V. Wayne Cilimberg December 27, 1994 Date: Page 4 DEFERRED until February 15, 1995. Agenda Item No. 11. Authorize Chairman to execute East Rivanna Volunteer Fire Co., Inc., Service Agreement and set public hearing to approve tax exempt financing. AUTHORIZED the Chairman to execute the attached Agreement to establish the necessary written agreement to qualify ERVFC as a "qualified fire depart- ment" for IRS purposes and set a public hearing for January 11, 1995, to consider the approval of ERVFC's loan application. Agenda Item No. 12. Authorize Chairman to execute Scottsville's Amended Service Agreement for law enforcement services. AUTHORIZED the Chairman to execute the attached Amended Service Agree- ment. Agenda Item No. 13. Other Matters Not Listed on the Agenda from the BOARD. There were no other matters. Agenda Item No. 14. Adjourn. The meeting was adjourned at 8:33 p.m. EWC:mms Attachments cc: Richard E. Huff, II Roxanne White Amelia McCulley Jo Higgins Bruce Woodzell Larry W. Davis File f ; ORDINANCE NO. 94-2.1(7) AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2.1, AGRICULTURAL AND FORESTAL DISTRICTS SECTION 2.1.4, DISTRICTS DESCRIBED OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED by the Board of County Supervisors of the County of Albemarle, Virginia, that Chapter 2.1, Agricultural and Forestal Districts, is hereby amended and reordained by amending Section 2.1.4 (g), Moorman's River Agricultural and Forestal District, as follows: CHAPTER 2.1 Sec. 2.1-4. Districts described. (g) The district known as the "Moorman's River Agricultural and Forestal District" consists of the following described properties: Tax map 27, parcels 32, 40, 40A, 40A1, 42, 42A¡ tax map 28, parcels 2, 2A, 3, 4, 5, 6, 6A, 6B, 7A1, 8, 11, 12A, 12B, 13, 17A, 17C, 18, 23B, 23B1, 32B, 32D, 34B, 35, 35B, 37, 37A, 37B, 37C, 37D, 38¡ tax map 29, parcels 2C, 8, 8B, 8E, 8H, 8J, 8K, 9, 10, 15C, 40B, 40C, 40D, 49C, 50, 54A, 61, 62, 63, 63A, 63D, 67C, 69D, 69F, 70A, 70B, 70C, 70F, 70H1, 70K, 70L, 70M, 71, 71A, 73B, 74A, 76, 78, 79C, 80, 84¡ tax map 30, parcels 10, lOA, 12, 17A, 18E¡ tax map 41, parcels 15, 17C, 18, 37D1, 41C, 41H, 44, 50, 67, 67B, 68, 70, 72, 72B, 72C, 89¡ tax map 42, parcels 5, 6, 6B, 7, 8, 8A, 8C, 10, lOA, 10D, 25C, 25C1, 37F, 37J, 38, 40, 40C, 40D, 40Dl, 40G, 40H, 40H2, 41, 42B, 42B1, 43, 43A, 44¡ tax map 43, parcels 1, 2, 2B, 3, 3A, 3C, 3D, 4C, 4D, 5, SA, 9, 10, 17, 18, l8A, 18C, 18E4, 18F, 18G, 18J, 19I, 19N, 19P, 20A, 20B, 20C, 2l, 21A, 23A, 23D, 24, 25A, 25B, 30, 30A, 30B, 30D, 30G, 30H, 30M, 30N, 32H, 33, 33D, 34, 41, 42, 43, 45, 45A, 45C, 45D¡ tax map 44, parcels 1 part, 2, 24, 26, 26A, 26C, 27B, 27C, 28, 29, 29A, 29D, 30, 30A, 30B, 31, 31A, 31A1, 31D, 31F, 31G¡ tax map 59, parcels 32, 32A, 34, 35, 82A. This district shall be reviewed no more than ten (10) years from December 17, 1994. * * * * * I, Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of ordinance unanimously adopted by the Board of County Supervisors of Albemarle County, Virginia, at a regul~_~g ~ o~ecember 21, 1994. ~K, Board of count~isors f AGREEMENT FOR DEVELOPMENT AND ADMINISTRATION OF THE THOMAS JEFFERSON PARKWAY BY THE THOMAS JEFFERSON MEMORIAL FOUNDATION, INC. THIS AGREEMENT, made and executed in triplicate as of this 2/<0 day of () f:.c.ç~6J:,< , 1994, between the THOMAS JEFFERSON MEMORIAL FOUNDATION, INC., hereinafter called the "Foundation" and the COUNTY OF ALBEMARLE, a political subdivision of the Commonwealth of Virginia, hereinafter called the "County". WITNESSETH: WHEREAS, the Virginia Department of Transportation, hereinafter called the "Department" has adopted a Six Year Improvement Program for Fiscal Years 1993-94 and 1994-95 for streets and highways, which includes an allocation of funds for the Thomas Jefferson Parkway (Phase I and II) identified in the Enhancement Program portion of the S ix Year Improvement Program and designated as Projects EN93-002- V05,PE101,RW201,C501 and EN94-002-V09,PE101,RW201,C501 and referred to hereinafter as the "Project"; and WHEREAS, the estimated cost of the project is $3,125,000 for Phases I and II, which includes $2,500,000 of Enhancement Program Funds and $625,000 in contributions to the Project by the Foundation; and WHEREAS, the Department and the County desire to construct the Project and have entered into an Agreement in which the County agrees to have the Project implemented within 48 months from the date funds are made available for the Project; and f WHEREAS, the Foundation desires to undertake certain responsibilities and duties of the County as an incentive for the County to undertake the Project and to complete it as expeditiously as possible. NOW, THEREFORE, for and in consideration of the premises and mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. The Foundation shall consult with, and act as the agent of, the County in performing the preliminary engineering, right-of-way/property acquisition and construction phases of the Project, specifically including the following: a. Perform or contract with a consultant to perform the preliminary engineering, design and plan development necessary to award a contract for construction; and the administration, supervision and inspection of the construction of the Project through final acceptance, in accordance with Department procedures and policies, including settlement of any claims and disputes arising from the Project. b. If deemed appropriate by the County or the Department, submit each phase of the work to the County or the Department for review and approval as the Project develops; allow County or Department personnel to inspect all phases of the Project at all times. c. Prepare bid documents, plans and specifications for the Project, including such items as general notes, references to specifications. and standards, typical sections, drainage plans, stormwater management, erosion and sediment control methods, profiles, cross 2 , sections, summaries, and the like. Plans and bid documents must s meet Qr exceed Department standards and be approved by the De- partment. d. Coordinate the Project through the State Environmental Review Process, prepare the appropriate environmental document as established by the Federal Highway Administration policy and procedures and carry out the functions necessary to clear the Project environmentally. e. Locate potential contaminated and/or hazardous waste sites during the surveyor early plan development stage. Discuss the presence of these sites and design alternatives with the Department. Once contamination is determined to exist, whether obvious or established through testing, the Foundation shall notify the appropriate regulatory agency. Conduct detailed studies such as site characterization to determine the length of time required for clean-up and potential financial liability for the County and Department. If the purchase of property is anticipated the first option is to pursue remediation by the. property owner(s) through the appropriate agencies. f. If required by the Department, post a "notice of willingness to hold a public hearing" on the Project so that the County can conduct such a hearing, if necessary, in accordance with Department and Federal 3 ~ Highway Administration requirements and coordinate the Project with property owners in the Project area. g. Obtain all necessary permits for the Project. h. If required, prepare right-of-way/property acquisition plans or plats for the Project and acquire title to all property needed for the Project in the name of the Foundation by purchase or to pay all costs of the County in acquiring title to property by eminent domain, if necessary. I. If applicable, abide by Titles 25 and 33 of the 1950 Code of Virginia, as amended, in the acquisition of rights-of-way/property for this Project and follow the policy and procedures outlines in Section 702.02 of the Department's Right of Way Manual, which are incorporated by reference. J. Provide relocation assistance to those whose property is acquired for the Project in conformance with the Uniform Relocation Assistance· and Real Property Acquisition Policies Act of 1970, as amended (49 CFR Part 24). k. Deliver all appraisals, negotiation reports, relocation assistance files, closing statements, eminent domain records and the like to the County so it can maintain them for a period of three (3) years after final disposition of the Project by the Federal Highway Administration. Acceptance of final voucher shall constitute final disposition. I. Coordinate and authorize utility relocations. 4 Procure a contractor to construct the Project, in conformance with. applicable provisions of the Virginia Public Procurement Act. The Foundation will not award a construction contract to any bidder unless its bid is within seven percent (7%) of the County's cost estimate or is approved by the Department. The Foundation will not award such contract until the Commonwealth Transportation Board has accepted and approved the bid and the contractor, and until a standard County-State agreement is executed. Submit any change orders to construction contracts for which reimbursement is requested to the County Engineer and the Department's Resident Engineer for approval prior to the authorization of the change order. Receive County and Department approval of any claims arising from construction contracts for which reimbursement is requested prior to settlement. p. Maintain accurate records of the Project and documentation of all expenditures, identifying federally participating, federally non- participating, and in-kind contributions, on which reimbursement will be based. Make Project documentation available for inspection and/or audit by the County, the Department or the Federal. n. o. m. government at any time. 5 5, q. All project costs shall be paid by the Foundation. The Foundation shall submit to the Department, with a copy to the County, no more frequently than monthly, a statement requesting reimbursement for the Federal share of the Project's costs. The statement must identify and document Project expenditures to date and include a summary in the following categories: þo Participating expenditures þo Non-participating expenditures þo In-kind contributions of donated right-of-way or services. r. Agree to reimburse the County 100% of all expenses incurred by the County in the event that: ÞO The project is canceled during any phase of work; ÞO Expenditures incurred are not reimbursed by the Federal Highway Administration due to the failure to follow proper federal guidelines and/or the expenditures are found to be federally non-participating items; ÞO Expenditures incurred exceed the total amount allocated in the· Six Year Improvement Program or funds actually available for the Project. s. Meet all County site plan, zoning, and subdivision ordinance requirements. 6 2. The County will coordinate with, cooperate with, and assist the Foundation in implementing the Project, and specifically agrees to: a. Respond in an expeditious manner to requests from the Foundation. b. Provide the necessary coordination with the Department, Federal Highway Administration and other appropriate Federal and State agencies; provide assistance and guidance to the Foundation relative to environmental documentation and coordination as is appropriate. c. Process payments to the Foundation of reimbursements received from the Department for Project expenditures. d. Cooperate with the Foundation and the Department in the audit of all project costs and records as required by the federal highway administration. e. To take all reasonable actions required to obtain funding for the project pursuant to the Enhancement Program in the Department's Six. Year Improvement Program. The maximum amount of federal funds available for this project is $2.500,000. 3. All applicable federal, state and local regulations shall apply to all work performed on the project including consultant services contracts and construction contracts. 4. Nothing herein shall be construed as creating any personal liability on the part of any officer, employee, or agent of the parties, nor shall it be construed as giving any rights or benefits to anyone other than the parties 7 hereto. 5. This Agreement shall be binding upon the parties hereto, and their respective successors and assigns. 6. Upon the execution of this Agreement by both parties and upon notification by the County that the Department approvals have been received, the Foundation will be authorized to commence with the Project. 7. This agreement may be modified by written agreement with the mutual consent of the Foundation and the County. 8. The Foundation will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, handicap, national origin or other non-merit factors provided they are qualified and meet· physical requirements established for the positions. 9. None of the funds, materials, property or services contributed by the County or the Foundation, under this Agreement, shall be used in the performance of this Agreement for any partisan political activity, or to further the election or defeat of any candidate for public office. 10. No officer, member, or employee of the Foundation who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Agreement which affects his personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 8 11. The Foundation shall contribute a minimum of $625,000 to the Project, such contribution to be in a form and made at such time as acceptable to the Department and the County. The Foundation shall maintain any property improved as part of the Project which is not accepted for maintenance by the Department. The minimum level of maintenance shall be a reasonable standard of care as determined by the Department. 13. The Foundation shall, after construction of the Project, or any part thereof, . not permit any changes or alterations to the Project, as approved and completed, without the prior written approval of the Department. 14. The Foundation shall, prior to any substantial work on the Project, have appropriate Foundation agents and personnel, as determined by the County and the Department, attend a preliminary coordination meeting with the County and the Department. 15. The Foundation agrees to indemnify the County and hold it, and its officers, agents, representations and employees harmless from any and all claims, damages, costs, including attorney's fees, and liabilities of any kind arising out of or resulting from the Foundation's or its agents' negligent performance of its obligation under this Agreement or any failure by the Foundation to meet any obligation required to complete the Project. 16. The Foundation shall take out and carry during the entire term of this Agreement, property damage insurance and general public liability insurance 12. 9 s. (, ~ with adequate limits to protect both the Foundation and the County from liability, such limit being not less than $1,000,000. The Foundation will provide the County with a Certificate of Insurance naming the County as an additional insured and evidencing the insurance coverage required herein. 17. The Foundation shall provide to the County a performance bond, in a form approved by the County Attorney, in the amount of $2,500,000, to guarantee the Foundation's performance of this Agreement. Such performance bond shall be delivered to the County prior to its execution of the Agreement. IN WITNESSETH WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers. APPROVED AS TO FORM: BY ~~~ ¿/C'OU ATTORNEY WITNESS: THOMAS JEFFERSON MEMORIAL FOUNDATION, INC. BY dJwMJ! c}~ ~ tMJML 94P&Z145.001 10 1. " COPY AGREEMENT FOR DEVELOPMENT AND ADMINISTRATION OF THE THOMAS JEFFERSON PARKWAY BY THE COUNTY OF ALBEMARLE THIS AGREEMENT, made and executed in triplicate as of this _ day of _, 1994, between the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION, hereinafter called the "Department" and the COUNTY OF ALBEMARLE, a political subdivision of the Commonwealth of Virginia, hereinafter called the "County". WITNESSETH: WHEREAS, the Department has adopted a Six Year Improvement Program for Fiscal Year 1993-94 and 1994-95 for streets and highways, which includes an allocation of funds for the Thomas Jefferson Parkway (Phase I and II) identified in the Enhancement Program portion of the Six Year Improvement Program and designated as Projects EN93-002-V05,PE1 01 ,RW201 ,C501- and EN94-002- V09,PE1 01 ,RW201 ,C501, and referred to hereinafter as the "Project"; and WHEREAS, the estimated cost of the project is $3,125,000 for Phases I and II, which includes $2,500,000 of Enhancement Program Funds and $625,000 in contributions to the Project by the Thomas Jefferson Memorial Foundation, Inc., and WHEREAS, the Department and the County desire to construct the Project as expeditiously as possible and the County agrees to have the Project implemented within 48 months from the date funds are made available for the Project. 1" ,. NOW, THEREFORE, for and in consideration of the premises and mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. The County shall consult with, and act as the agent of, the Department in performing the preliminary engineering, right-of-way/property acquisition and construction phases of the Project, specifically including the following: a. Perform or contract with a consultant to perform the preliminary engineering, design and plan development necessary to award a contract for construction; and the administration, supervision and inspection of the construction of the Project through final acceptance, in accordance with Department procedures and policies, including settlement of any claims and disputes arising from the Project. b. If deemed appropriate by the Department, submit each phase of the work to the Department for review and approval as the project develops; allow Department personnel to inspect all phases of the project at all times. c. Prepare plans for the Project, including such items as general notes, references to specifications and standards, typical sections, drainage plans, stormwater management, erosion and sediment control methods, profiles, cross sections, summaries, and the like. Plans may be prepared in accordance with County of Albemarle 2 L.. ,. standards and format, provided the standards meet or exceed Department standards or are approved by the Department. d. Coordinate the project through the State Environmental Review Process, prepare the appropriate environmental document as established by the Federal Highway Administration policy and procedures and carry out the functions necessary to clear the Project environmentally. e. Locate potential contaminated and/or hazardous waste sites during the surveyor early plan development stage. Discuss the presence of these sites and design alternatives with the Department. Once contamination is determined to exist, whether obvious or established through testing, the County shall notify the appropriate regulatory agency. Conduct detailed studies such as site characterization to determine the length of time required for clean- up and potential financial liability for the County and Department. If the purchase of property is anticipated the first option is to pursue remediation by the property owner(s) through the appropriate agencies. f. If required, post a "notice of willingness to hold a public hearing" on the Project, conduct such a hearing, if necessary, in accordance. with Department and Federal Highway Administration requirements and coordinate the Project with property owners in the Project area. 3 ,. g. Obtain all necessary permits for the project. h. If required, prepare right-of-way/property acquisition plans for the Project and acquire title to all property needed for the Project in the name of the County, the Thomas Jefferson Memorial Foundation, Inc., or such other entity that is acceptable to the Department, by purchase or by eminent domain, if necessary. I. If applicable, abide by Titles 25 and 33 of the 1950 Code of Virginia, as amended, in the acquisition of rights-of-way/property for this Project and follow the policy and procedures outlines in Section 702.02 of the Department's Right of Way Manual, which are incorporated by reference. J. Provide relocation assistance to those whose property is acquired for the Project in conformance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (49 CFR Part 24). k. Maintain all appraisals, negotiation reports, relocation assistance files, closing statements, eminent domain records and the like for a . period of three (3) years after final disposition of the Project by the Federal Highway Administration. (Acceptance of final voucher.) I. Coordinate and authorize utility relocations. m. Procure a contractor to construct the Project, in conformance with applicable provisions of the Virginia Public Procurement Act. The 4 .1,. ,. County agrees not to award a construction contract to any bidder unless its bid is within seven percent (7%) of the County's cost estimate or which is approved by the Department. The County agrees not to award such contract until the Commonwealth Transportation Board has accepted and approved the bid and the contractor, and until a standard County-State agreement is executed. n. Submit any change orders to construction contracts for which reimbursement is requested to the Department's Resident Engineer for approval. o. Receive Department approval of any claims arising from construction contracts for which reimbursement is requested prior to settlement. p. Maintain accurate records of the Project and documentation of all expenditures, identifying federally participating, federally non- participating, and in-kind contributions, on which reimbursement will be based. Make project documentation available for inspection and/or audit by the Department or the Federal government at any time. q. Submit to the Department's Resident Engineer no more frequently than monthly, a statement requesting reimbursement for the Federal share of the project's costs. The statement must identify 5 ." . " and document project expenditures to date and include a summary in the following categories: ~ Participating expenditures ~ Non-participating expenditures ~ In-kind contributions of donated right-of-way or services. r. Agree to reimburse the Department 100% of all expenses incurred by the Department in the event that: ~ The project is canceled during any phase of work; ~ Expenditures incurred are not reimbursed by the Federal Highway Administration due to the County's failure to follow proper federal guidelines and/or the expenditures are found to be federally non-participating items; ~ Expenditures incurred exceed the total amount allocated in the Six Year Improvement Program. 2. The Department will coordinate with, cooperate with, and assist the County in implementing the Project, and specifically agrees to: a. Review each phase of the Project and respond in an expeditious manner to requests from the County. b. Provide the necessary coordination with the Federal Highway Administration and other appropriate Federal and State agencies; provide assistance and guidance to the County relative to environmental documentation and coordination as is appropriate. 6 " c. Provide reimbursement for Project expenditures for the previous month or for the final billing, within thirty (30) days of receiving an acceptable statement from the County. The reimbursement amount will be based on the Enhancement Project worksheet (example attached). d. Audit all project costs and records as required by the Federal Highway Administration_ e. Provide funding for the project pursuant to the Enhancement Program in the Department's Six Year Improvement Program. The maximum amount of federal funds available for this project is $2,500,000. 3. All applicable federal, state and local regulations shall apply to all work performed on the project including consultant services contracts and construction contracts. 4. Nothing herein shall be construed as creating any personal liability on the part of any officer, employee, or agent of the parties, nor shall it be construed as giving any rights or benefits to anyone other than the parties hereto. 5. This Agreement shall be binding upon the parties hereto, arid their respective successors and assigns. 6. Upon the execution of this Agreement by both parties, the County is hereby authorized to commence with the Project. 7 .. . 7. This agreement may be modified with the mutual consent of the Department and the County. IN WITNESSETH WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers. A ITEST: COUNTY OF ALBEMARLE COUNTY CLERK COUNTY SIGNATURE APPROVED AS TO FORM: BY: COUNTY AITORNEY WITNESS: COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION BY: COMMISSIONER 94-145.001 8 RESOLUTION WHEREAS, the University Real Estate Foundation (UREF) has acquired property located in the County of Albemarle for the purpose of industrial development; and WHEREAS, this property is expected to be the site of new private capital investment in land, building, and manufacturing equipment which will provide substantial employment; and WHEREAS, the subject property has no access to a public street or highway and will require the construction of a new roadway to connect with Route 606 known as Dickerson Road; and WHEREAS, the County of Albemarle hereby guarantees that the necessary right of way for this new roadway and utility relocations or adjustments, if necessary, will be provided at no cost to the Virginia Department of Transportation or the Industrial Access Fund; and NOW, THEREFORE, BE IT RESOL VED THAT the Albemarle Board of County Supervisors hereby requests that the Commonwealth Transportation Board provide Industrial Access Road funding to provide an adequate road to this property; and BE IT FURTHER RESOL VED THAT the Albemarle Board of County Supervisors hereby agrees to provide a surety or bond, acceptable to and payable to the Virginia Department of Transportation, in the full amount of the cost of the road; this surety shall be exercised by the Department of Transportation in the event that sufficient qualifying capital investment does not occur on parcel(s) TM32-19 within three years of the Commonwealth Transportation Board's allocation of funds pursuant to this request [Note: see Appendix I for qualifying parcels]. BE IT FURTHER RESOLVED THAT the Albemarle Board of County Supervisors hereby agrees that the new roadway so constructed will be added to and become a part of the County of Albemarle Secondary System of Highway. (SEAL) A COpy TESTE: (Chairman) At a regularly scheduled meeting of the Albemarle Board of County Supervisors held on December 21, 1994 on a motion by Mrs. Humphris, seconded by Mr. Martin, the foregoing resolution was adopted by a vote of six to zero. The Board of County Supervisors of Albemarle County, Virgin- ia, in regular meeting on the 21st day of December, 1994, adopted the following resolution: RES 0 L UTI 0 N WHEREAS, the street in Joyce Hill Subdivision described on the attached Additions Form SR-5(A) dated December 21, 1994, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia¡ and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transpor- tation to add the road in Joyce Hill Subdivision as described on the attached Additions Form SR-5(A) dated December 21, 1994, to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Re- quirements¡ and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage as described on the recorded plats¡ and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. * * * * * Recorded vote: Moved by: Mrs. Thomas. Seconded by: Mr. Bowerman. Yeas: Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin, Perkins and Mrs. Thomas. Nays: None. A Copy Teste: en 1>4 ~ +I CI R M ;S þ: 0 ~I 0 ~ .... en Q GJ ~I ,..¡ r.. J.I 0 aI ~ a e ~ ¡ Q ,Q j ,..¡ en ..c 1>4 ! en 1>4 ~ 1 § .. 0 ~ 0 ... t.:I æ en ~ t.:I ~ ... .š 0 i E-t en ~ :z: 0 0 M = E-t Q M '::I ~ .e ~ æ g: Q C t.:I Q ,..¡ en 'Ë ,..¡ 0 ·re Po 8- þ: 0 ~ It: GJ Po .... U Q I ~ 0 .. ~ ~ ..c );;¡ .. Il'I R I i 0 It: .... en Q 1/1 g ·re ~ > ~ ·re 0 'tJ ..... .c:I ~ .!::!. en S en :z: 0 ¡ IH M 0 E-t j M GJ Q ~ a ~ aI < :z: I- ~ - ~ - ~ ~ - ~ - i ~ þÞ> ¡ m~ J þ G) :§ ... G) ¡ u oS J 0\ ,..¡ . = :: 0 Q .,; .~ :a r¡ ~:Ë GJ t¡I r¡ aI ~ GJ ,..¡ ·re ~ :E ,..¡ ~ aI +I ~ 0 E-t ~- 9~ ø::oS :1: ~ ~ :~ .. ~ G) ... Eo< ] J = Q i .~ 1 1 1 1 :a .æ ~ ~ § < ~ ~ J J J J ï V'j '" ! .,; ! ! ! 1 '5 ~ Q I ! ;¡: .! .! j .! ¡¡ I. ,. I!! I!! I!! I!! ! 'S e 'i 'i 'i 'i 'i r. '5 i ... ... ... ... ~ ... ~ ~ ~ ~ .. j loa DC j DC j DC j DC j DC ~ l ~ l ~ l ~ l ~ ¡ ... ~ V'j .... Q G) ~ . z ~ ~ .. ü ..: . ~:l - ... ... .. on ~ ·1 ... "Ø "Ø ~ ~ :i = ... ... ~ :¡ ã! ~ ! to ~ ~ = § .... Q G) ~ ~ .ª i æ f 0 ~ Qj ~ ~ ~ ..c ~ .f! r.. 1 .... 0 ~ Q :z: oS 0 .51 ~ M .~ E-t ¡ 1 ~ ~ ~ M ~ ..... M "Ø ~ E-t G) C It: oS t.:I .... 1ë Q 0 1:: ~ !. .. ~ "2 II: '€ G) ... .:::1 ... æ ] ~ .. ~ AGREEMENT THIS AGREEMENT made this 1st day of June 1994, by and between COUNTY OF ALBEMARLE, VIRGINIA, hereinafter referred to as "the County" , and EAST RIVANNA VOLUNTEER FIRE CO., INCORPORATED, hereinafter referred to as "the Fire Company". WHEREAS, the Fire Company will provide firefighting and emergency medical first responder services to the County in the area designated on a map of Albemarle County and described as Schedule A attached hereto, such services not being provided by other firefighting services; and, WHEREAS, in consideration for its financial assistance, the County requires the Fire Company to provide such firefighting services; and, WHEREAS, the parties desire to put such agreement in writing. WIT N E SSE T H: THEREFORE, the parties agree as follows: (1) The Fire Company will provide fire fighting and emergency medical first responder services to the County in the area described on Schedule A attached hereto. (2) The County will assist the Fire Company financially as it determines in its sole diescretion from time to time so long as the Fire Company continues to provide such services in the described area. WITNESS the following signatures and seals: WITNESS the following signatures and seals: COUNTY OF ALBEMARL , VIRGINIA by:!JJ~, 9·· ( SEAL ) EAST RIVANNA VOLUNTEER FIRE CO., INCORPORATED by: USlO(h~~ .GAÁL-6 ~ (SEAL) STATE OF VIRGINIA, CITY OF CHARLOTTESVILLE, to-wit: The foregoing instrument was acknowledged before me this ..2.L ~ da y 0 f !Ju.ut\};1,;v , 199 --Í- by lit / aJ.{u- r. p~ , (1¡fiÌH1I,(1A¡ nOf)rd òf S~'SW':Pf the County of Albemarle, Virginia. My commission expires: ~~~~~ ?ó¡19?7 ~fJli - Ú)~/ Notary Public - ð STATE OF VIRGINI~~ . CITY/COUNTY OF /1 ) ~Je..... , to-wit: The foregoins¡ instrument was acknowledged beforeo ~ t:þis 1/7! day of I'ILéJUr?-/nhe/v , 199£- by ?/)/////In! D.(þ:U:klcet:.. . . . of East Rivanna Volunteer Fire Co. , Incorporated, a Virginia corporation, on behalf of the corporation. My commission expires: Notary a-e\eastfire.agr Approved as to form: ~ 1!v. ¿¿ ~ty . may 2 ~ 'bv,} "--/ j ~ <OL-:¡"rl ~ '" O~~ (J COfitPO..,,[ ll"lrs.t,ÞfO HIGHWATS h4AOuGH TOWtf COUNTY $(&1 S S...t,ll TOWN OR ---COu..,v t.IÞf£ VlllAG( WITH '-0 -::...:..:::::IST['UAl OIS'''ICT "'Þf( t(. "O"u"['" OR _ RAilROAD $J R[S["V..tlC)N _ "&ll'tOAO' T:~":'" HI"CK ~ RAII..AOAO·O"AO¡ c:OA[ T....C.S --...,:0-- R..II....O..O ABOVE .. OSS'''O ~Ir-R.t,I\.ROAO BELOW ..OAD ~ TRANSMISSION LIN~O =f = ~:~W.t,T IRIOG[ 20 'UT ()III OV[R _ HA"D $U"'AC( ~ ALL'WUTM[R SUR'A ~ LIGHT sU"'''C( C[ = UJ(SUArACEO ~ SCHOOL " CH"RCM ::t- ou, . .', ~ 8\ .. AMENDED SERVICE AGREEMENT THIS AGREEMENT, made and entered into this 21,r day of December, 1994, by and between the Town of Scottsville, Virginia, (hereafter "Town"), the Sheriff of the County of Albemarle, Virginia, (hereafter "Sheriff'), and the County of Albemarle, Virginia, (hereafter "County"), WIT N E SSE T H: WHEREAS, the Circuit Court of the County of Albemarle, Virginia, duly approved a boundary adjustment, "Agreement to Relocate Boundary Line Between the Town of Scottsville and the County of Albemarle", pursuant to Section 15.1-1031.1, Code of Virginia, (1950), as amended, on September 27, 1993; and, WHEREAS, the Town agreed with the County to provide full-time police protection in the Town when the said Boundary Adjustment became effective at midnight of December 31, 1993; and, WHEREAS, pursuant to Sections 14.1-70 and 15.1-131.3 of the Code of Virginia (1950), the Town, the Sheriff, and the County entered into a tripartite Service Agreement dated January 31, 1994, for the purpose of having the Sheriff furnish law enforcement services in the Town; and, WHEREAS, the Town, the sheriff, and the County now wish to amend the Service Agreement to recognize a funding opportunity to provide law enforcement services in the Town, .. NOW THEREFORE, the Town, the Sheriff, and the County hereby agree as follows: 1. The Service Agreement between the Town, the Sheriff, and the County dated January 31, 1994, attached hereto as Exhibit "A", and incorporated herein by reference, is hereby amended by replacing paragraph 5 therein with a new paragraph 5 fully set out below: 5. Funding shall be provided entirely by sources other than the County. Salaries of the deputies shall be paid solely by the Town or the State Compensation Board, and all other costs not covered by the State including, but not limited to, vehicles, police equipment, supplies, uniforms, medical insurance, liability insurance, FICA, retirement benefits and related costs shall be paid by the Town. Notwithstandina the above. the Countv shall allow one locallv County funded deDutv Dosition to be assianed for law enforcement services in the Town until Julv 1. 1996. Drovided that the State ComDensation Board has not funded a law enforcement Dosition for the Town. Thereafter. no locallv County funded deDutv Dositions shall be assianed for law enforcement services in the Town. 2. All other terms, conditions, requirements, and obligations of the Service Agreement, referenced above, shall remain unchanged and shall continue in full force and effect. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed in several counterparts, each of which shall constitute an original. 2 .. ~ Clerk -- ATTEST: 94-107.002 TOWN OF SCOTTSVILLE, VIRGINIA By a.1?~ A. Raymo . r, ayor Approved as to Form: ÞJ:70 C-, JJ~~ j j- , Town At omey COUNTY OF ALBEMARLE, VIRGINIA By ( k)Cl~ ::r~~ Walter F. Perkins, Chairman Approved as to Form: -:(~~ æ ~ ¿:CÕÚnty pwmey SHERIFF OF THE COUNTY OF ALBEMARLE, VIRGINIA BY':¡ ~~ () ~ Terry W. awkins, 'Sheriff 3 . .¡ :: . \~ clì'f,41 .....~,;'it . .~:.~~ ,l;f," , :;;X~ .~<. '... f~~;~.¿ EXHIBIT A SERVICE AGREEMENT THIS AGREEMENT, made and entered into this 31 4t day of January, 1994, by and between the Town of Scottsville, Virginia, (hereafter "Town"), the Sheriff of the County of Albemarle, Virginia, (hereafter "Sheriff II ), and the County of Albemarle, Virginia, (hereafter "County"), , \ WIT N E SSE T H: WHEREAS the Circuit Court of the County of Albemarle, Virginia, duly approved a boundary adjustment, "Agreement to Relocate Boundary Line Between the Town of Scottsville and the County of Albemarle", pursuant to Section 15.1-1031.1, Code of Virginia, (1950), as amended, on September 27, 1993; and, WHEREAS the Town has agreed with the County to provide full- time police protection in the Town when the said Boundary Adjustment becomes effective on or at midnight of December 31, 1993; and, WHEREAS the Code of Virginia (1950), as amended, provides under Sections 14.1-70 anQ 15.1-131.3 that the Town, the Sheriff, and the County may enter into a tripartite agreement for the purpose of having the Sheriff furnish law enforcement services in the Town; and, WHEREAS the Town now desires to enter into such an agreement for law enforcement services with the Sheriff and the County pursuant to Section 15.1-131.3, NOW THEREFORE, the Town, the Sheriff, and the County hereby agree as follows: 1 " ; . .) 'I r.:'" .' '.~ ··~it\ . ~.: ::;~}: ;:;~ 'r:.q , " 1. The Sheriff shall provide two (2) full time deputies for the purpose of providing law enforcement services in the Town. A reduced number of deputies may be provided upon the consent or request of the Town. 2. The said deputies shall be deputies of the Sheriff's Office and wear Sheriff's Office uniforms. 3. The deputies shall be specifically assigned to the Town and may, in the discretion of the Sheriff, assist deputies outside the Town when called upon to do so. 4. The deputies shall be selected by the Sheriff with the full advice and consent of the Town. , 5. Funding shall be provided entirely by sources other than the County. Salaries of the deputies shall be paid solely by the State Compensation Board, and all other costs not covered by the State including, but not limited to, vehicles, police equipment, supplies, uniforms, medical insurance, liability insurance, FICA, retirement benefits and related costs shall be paid by the Town. 6. The Sheriff and any deputy sheriff serving as a Town law enforcement officer shall have authority to enforce the ordinances of the Town. 7. The Sheriff and any deputy sheriff, while serving as law enforcement officers of the Town, shall have the same powers, rights, benefits, privileges and immunities as those of regular Town police officers. 8. Under this Agreement, the Sheriff shall be the Chief of Police of the Town. 2 · .. , . . 9. This Agreement may be terminated by mutual agreement of the parties at any time, or by any party for good cause after providing six months written notice to the other parties of the intent to terminate the Agreement on a date certain. 10. The Town shall pay its pro-rata share of dispatch costs of the Charlottesville-Albemarle County Emergency Operations Center based on the same formula used for other law enforcement agencies that are dispatched by the Center. These costs shall be assessed after a full year of data for calls for service is collected. 11. The Town and the County shall enter into a reciprocal agreement for mutual assistance between the Sheriff and the County's Police Department prior to any services being provided to the Town under this Agreement. This reciprocal agreement shall determine which agency shall have primary responsibility for responding to calls for service, for handling criminal investigations, and for any other matters. In addition, the reciprocal agreement shall determine the procedure for Federal and State crime reporting requirements so that there will be no duplicate reporting of crime statistics. 12. Notwithstanding paragraph 9, above, upon any final determination by the County that the amount of State aid received by the County for its Police Department pursuant to Chapter 1, Article 10 of Title 14.1 (Sections 14.1-84 through 14.1-84.7) of the Code of Virginia, also known as "599" funds, is diminished or reduced as a result of this Agreement, the County may void this Agreement at any such time so as to restore that funding for that fiscal year or any subsequent fiscal year. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed in several counterparts, each of which shall constitute an original. 3 I, oi u.' ... TOWN OF SCOTTSVILLE, VIRGINIA By A~~~~l~"r ATTEST: y~ ~ Clerk ~ab~ Approved as to Form: Town Attorney COUNTY OF ALB~, ~IRG~NIA BYlJ. )(J~r-9- ~ Walter F. Perkins, Chairman ATTEST: Approved as to Form: ¿~-p:a. , ~ ounty Attorney SHERIFF OF THE COUNTY OF ALBEMARLE, VIRGINIA By T~r~. ~~k~f REH,II/dbm 94.008 4 /ò -/t. -9</ COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Thomas Jefferson Parkway Agreements AGENDA DATE: December 21, 1994 ITEM NUMBER: 9£!,/.;¿.;¡./ ¿ ,f. 01-) ACfION: INFORMATION: SUBJECTIPROPOSALIREOUEST: Approval of County/VDOT Agreement Approval of County/Thomas Jefferson Memorial Foundation, Inc. Agreement CONSENT AGENDA: ACfION: X INFORMATION: A TT ACHMENTS: STAFF CONTACT(S): Messrs. Tucker, Davis REVIEWED BY: BACKGROUND: VDOT and the County have approved the Thomas Jefferson Parkway Project (phase I and II) to be primarily funded by Enhancement Program funds. The total project cost is estimated to be $3,125,000.00 of which $2,500,000.00 will be enhancement funds and the balance will be funded by the Thomas Jefferson Memorial Foundation, Inc. (Foundation). DISCUSSION: This Project was proposed by the Foundation with the understanding that the Foundation would be responsible for administering the Project. VDOT requires an agreement with the County to satisfY the Enhancement Program requirements necessary for funding eligibility. The County requires an agreement with the Foundation to pass through to the Foundation the County's obligations and responsibilities for the Project placed on it by the agreement with VDOT. A copy of the CountyNDOT Agreement and the County/Foundation Agreement is quite lengthy but available for review in the Clerk's Office. The County/Foundation Agreement makes the Foundation responsible for the Project with little County oversight or involvement. The Agreement requires the Foundation to post a $2,500,000.00 bond with the County to assure that the requirements for the enhancement funding are met by the Foundation, or if not, to provide the funds necessary for the County to reimburse any amount required to be repaid to VDOT for failure to meet the enhancement program mandates. RECOMMENDA nON: The County Attorney's Office has approved the agreements to fonn and staff recommends that the Board authorize the County Executive to execute the Agreement for the Development and Administration of the Thomas Jefferson Parkway between the County and VDOT and the corresponding pass-through agreement between the Foundation and the County. 94-145.008 94.194 COUNTY OF ALBEMARLE MEMORANDUM ~.)..- \1..0.'.:- fS.. D \~ï \y, :', ì \~J. iJ ..1L_-,,-,,~, TO: FROM: DATE: Ella W. Carey, Clerk Rolisa C. Smith, Legal Services Assistan~ February 7, 1995 " ÆB-8~ u L . ~__'~_'~ r- 0' "~"':~' \RO OF S~~::::" RE: Thomas Jefferson Parkway Agreement Attached please find a fully executed original of the Agreement for Development and Administration of the Thomas Jefferson Parkway by the Counry of Albemarle for the County's records, If you have any questions, please do not hesitate to contact me, Attachment cc: Larry W, Davis, Esquire (w/o encl.) 94-145.013 t' AGREEMENT FOR DEVELOPMENT AND ADMINISTRATION OF THE THOMAS JEFFERSON PARKWAY BY THE COUNTY OF ALBEMARLE THIS AGREEMENT, made and executed in triplicate as of this Jl4day OfJ...d-. !{" _, 1991, between the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION, hereinafter called the "Department" and the COUNTY OF ALBEMARLE, a political subdivision of the Commonwealth of Virginia, hereinafter called the "County". WITNESSETH: WHEREAS, the Department has adopted a Six Year Improvement Program for Fiscal Year 1993-94 and 1994-95 for streets and highways, which includes an allocation of funds for the Thomas Jefferson Parkway (Phase I and II) identified in the Enhancement Program portion of the Six Year Improvement Program and designated as Projects EN93-002-V05,PE1 01 ,RW201,C501 and EN94-002- V09,PE1 01,RW201 ,C501, and referred to hereinafter as the "Project"; and WHEREAS, the estimated cost of the project is $3,125,000 for Phases I and II, which includes $2,500,000 of Enhancement Program Funds and $625,000 in contributions to the Project by the Thomas Jefferson Memorial Foundation, Inc., and WHEREAS, the Department and the County desire to construct the Project as expeditiously as possible and the County agrees to have the Project implemented within 48 months from the date funds are made available for the Project. NOW, THEREFORE, for and in consideration of the premises and mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. The County shall consult with, and act as the agent of, the Department in performing the preliminary engineering, right-of-way/property acquisition and construction phases of the Project, specifically including the following: a. Perform or contract with a consultant to perform the preliminary engineering, design and plan development necessary to award a contract for construction; and the administration, supervision and inspection of the construction of the Project through final acceptance, in accordance with Department procedures and policies, including settlement of any claims and disputes arising from the Project. b. If deemed appropriate by the Department, submit each phase of the work to the Department for review and approval as the project develops; allow Department personnel to inspect all phases of the project at all times. c. Prepare plans for the Project, including such items as general notes, references to specifications and standards, typical sections, drainage plans, stormwater management, erosion and sediment control methods, profiles, cross sections, summaries, and the like. Plans may be prepared in accordance with County of Albemarle 2 standards and format, provided the standards meet or exceed Department standards or are approved by the Department. d. Coordinate the project through the State Environmental Review Process, prepare the appropriate environmental document as established by the Federal Highway Administration policy and procedures and carry out the functions necessary to clear the Project environmentally. e. Locate potential contaminated and/or hazardous waste sites during the surveyor early plan development stage. Discuss the presence of these sites and design alternatives with the Department. Once contamination is determined to exist, whether obvious or established through testing, the County shall notify the appropriate regulatory agency. Conduct detailed studies such as site characterization to determine the length of time required for clean- up and potential financial liability for the County and Department. If the purchase of property is anticipated the first option is to pursue remediation by the property owner(s) through the appropriate agencies. f. If required, post a "notice of willingness to hold a public hearing" on the Project, conduct such a hearing, if necessary, in accordance. with Department and Federal Highway Administration requirements and coordinate the Project with property owners in the Project area. 3 · . 10 . g. Obtain all necessary permits for the Project. h. If required, prepare right-of-way/property acquisition plans for the Project and acquire title to all property needed for the Project in the name of the County, the Thomas Jefferson Memorial Foundation, Inc., or such other entity that is acceptable to the Department, by purchase or by eminent domain, if necessary. I. If applicable, abide by Titles 25 and 33 of the 1950 Code of Virginia, as amended, in the acquisition of rights-of-way/property for this Project and follow the policy and procedures outlines in Section 702.02 of the Department's Right of Way Manual, which are incorporated by reference. J. Provide relocation assistance to those whose property is acquired for the Project in conformance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (49 CFR Part 24), k. Maintain all appraisals, negotiation reports, relocation assistance files, closing statements, eminent domain records and the like for a . period of three (3) years after final disposition of the Project by the Federal Highway Administration. (Acceptance of final voucher.) I. Coordinate and authorize utility relocations. m. Procure a contractor to construct the Project, in conformance with applicable provisions of the Virginia Public Procurement Act. The 4 · . " ... County agrees not to award a construction contract to any bidder unless its bid is within seven percent (7%) of the County's cost estimate or which is approved by the Department. The County agrees not to award such contract until the Commonwealth Transportation Board has accepted and approved the bid and the contractor, and until a standard County-State agreement is executed. n. Submit any change orders to construction contracts for which reimbursement is requested to the Department's Resident Engineer for approval. o. Receive Department approval of any claims arising from construction contracts for which reimbursement is requested prior to settlement. p. Maintain accurate records of the Project and documentation of all expenditures, identifying federally participating, federally non- participating, and in-kind contributions, on which reimbursement will be based. Make project documentation available for inspection and/or audit by the Department or the Federal government at any time. q. Submit to the Department's Resident Engineer no more frequently than monthly, a statement requesting reimbursement for the Federal share of the project's costs. The statement must identify 5 II . ... . and document project expenditures to date and include a summary in the following categories: ~ Participating expenditures ~ Non-participating expenditures ~ In-kind contributions of donated right-of-way or services. r. Agree to reimburse the Department 100% of all expenses incurred by the Department in the event that: ~ The project is canceled during any phase of work; ~ Expenditures incurred are not reimbursed by the Federal Highway Administration due to the County's failure to follow proper federal guidelines and/or the expenditures are found to be federally non-participating items; ~ Expenditures incurred exceed the total amount allocated in the Six Year Improvement Program. 2. The Department will coordinate with, cooperate with, and assist the County in implementing the Project, and specifically agrees to: a. Review each phase of the Project and respond in an expeditious manner to requests from the County. b. Provide the necessary coordination with the Federal Highway Administration and other appropriate Federal and State agencies; provide assistance and guidance to the County relative to environmental documentation and coordination as is appropriate. 6 c. Provide reimbursement for Project expenditures for the previous month or for the final billing, within thirty (30) days of receiving an acceptable statement from the County. The reimbursement amount will be based on the Enhancement Project worksheet (example attached). d. Audit all project costs and records as required by the Federal Highway Administration. e. Provide funding for the project pursuant to the Enhancement Program in the Department's Six Year Improvement Program. The maximum amount of federal funds available for this project is $2,500,000. 3. All applicable federal, state and local regulations shall apply to all work performed on the project including consultant services contracts and construction contracts. 4. Nothing herein shall be construed as creating any personal liability on the part of any officer, employee, or agent of the parties, nor shall it be construed as giving any rights or benefits to anyone other than the parties hereto. 5. This Agreement shall be binding upon the parties hereto, and their respective successors and assigns. 6. Upon the execution of this Agreement by both parties, the County is hereby authorized to commence with the Project. 7 ... ',....... 7. This agreement may be modified with the mutual consent of the Department and the County. IN WITNESSETH WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers. ATTEST: COUNTY OF ALBEMARLE APPROVED AS TO FORM: ~L-:.- ATTORNEY WITNESS: COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION ~J'.~ BY: MT-(.Ç~ COMMISSIONER 94-145.001 8 AGREEMENT FOR DEVELOPMENT AND ADMINISTRATION OF THE THOMAS JEFFERSON PARKWAY BY THE THOMAS JEFFERSON MEMORIAL FOUNDATION, INC. THIS AGREEMENT, made and executed in triplicate as of this 2117 day of () tcf;;,6J:/C , 1994, between the THOMAS JEFFERSON MEMORIAL FOUNDATION, INC., hereinafter called the "Foundation" and the COUNTY OF ALBEMARLE, a political subdivision of the Commonwealth of Virginia, hereinafter called the "County". WITNESSETH: WHEREAS, the Virginia Department of Transportation, hereinafter called the "Department" has adopted a Six Year Improvement Program for Fiscal Years 1993-94 and 1994-95 for streets and highways, which includes an allocation of funds for the Thomas Jefferson Parkway (Phase I and II) identified in the Enhancement Program portion of the S ix Year Improvement Program and designated as Projects EN93-002- V05,PE1 01,RW201 ,C501 and EN94-002-V09,PE1 01 ,RW201,C501 and referred to hereinafter as the "Project"; and WHEREAS, the estimated cost of the project is $3,125,000 for Phases I and II, which includes $2,500,000 of Enhancement Program Funds and $625,000 in contributions to the Project by the Foundation; and WHEREAS, the Department and the County desire to construct the Project and have entered into an Agreement in which the County agrees to have the Project implemented within 48 months from the date funds are made available for the Project; and WHEREAS, the Foundation desires to undertake certain responsibilities and duties of the County as an incentive for the County to undertake the Project and to complete it as expeditiously as possible. NOW, THEREFORE, for and in consideration of the premises and mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. The Foundation shall consult with, and act as the agent of, the County in performing the preliminary engineering, right-of-way/property acquisition and construction phases of the Project, specifically including the following: a. Perform or contract with a consultant to perform the preliminary engineering, design and plan development necessary to award a contract for construction; and the administration, supervision and inspection of the construction of the Project through final acceptance, in accordance with Department procedures and policies, including settlement of any claims and disputes arising from the Project. b. If deemed appropriate by the County or the Department, submit each phase of the work to the County or the Department for review and approval as the Project develops; allow County or Department personnel to inspect all phases of the Project at all times. c. Prepare bid documents, plans and specifications for the Project, including such items as general notes, references to specifications. and standards, typical sections, drainage plans, stormwater management, erosion and sediment control methods, profiles, cross 2 sections, summaries, and the like. Plans and bid documents must meet or exceed Department standards and be approved by the De- partment. d, Coordinate the Project through the State Environmental Review Process, prepare the appropriate environmental document as established by the Federal Highway Administration policy and procedures and carry out the functions necessary to clear the Project environmentally. e. Locate potential contaminated and/or hazardous waste sites during the surveyor early plan development stage. Discuss the presence of these sites and design alternatives with the Department. Once contamination is determined to exist, whether obvious or established through testing, the Foundation shall notify the appropriate regulatory agency. Conduct detailed studies such as site characterization to determine the length of time required for clean-up and potential financial liability for the County and Department. If the purchase of property is anticipated the first option is to pursue remediation by the. property owner(s) through the appropriate agencies. f. If required by the Department, post a "notice of willingness to hold a public hearing" on the Project so that the County can conduct such a hearing, if necessary, in accordance with Department and Federal 3 Highway Administration requirements and coordinate the Project with property owners in the Project area. g. Obtain all necessary permits for the Project. h. If required, prepare right-of-way/property acquisition plans or plats for the Project and acquire title to all property needed for the Project in the name of the Foundation by purchase or to pay all costs of the County in acquiring title to property by eminent domain, if necessary. I. If applicable, abide by Titles 25 and 33 of the 1950 Code of Virginia, as amended, in the acquisition of rights-of-way/property for this Project and follow the policy and procedures outlines in Section 702.02 of the Department's Right of Way Manual, which are incorporated by reference. J. Provide relocation assistance to those whose property is acquired for the Project in conformance with the Uniform Relocation Assistance· and Real Property Acquisition Policies Act of 1970, as amended (49 CFR Part 24). k. Deliver all appraisals, negotiation reports, relocation assistance files, closing statements, eminent domain records and the like to the County so it can maintain them for a period of three (3) years after final disposition of the Project by the Federal Highway Administration. Acceptance of final voucher shall constitute final disposition. I. Coordinate and authorize utility relocations. 4 m. Procure a contractor to construct the Project, in conformance with. applicable provisions of the Virginia Public Procurement Act. The Foundation will not award a construction contract to any bidder unless its bid is within seven percent (7%) of the County's cost estimate or is approved by the Department. The Foundation will not award such contract until the Commonwealth Transportation Board has accepted and approved the bid and the contractor, and until a standard County-State agreement is executed. n. Submit any change orders to construction contracts for which reimbursement is requested to the County Engineer and the Department's Resident Engineer for approval prior to the authorization of the change order. o. Receive County and Department approval of any claims arising from construction contracts for which reimbursement is requested prior to settlement. p. Maintain accurate records of the Project and documentation of all expenditures, identifying federally participating, federally non- participating, and in-kind contributions, on which reimbursement will be based. Make Project documentation available for inspection and/or audit by the County, the Department or the Federal. government at any time. 5 q. All project costs shall be paid by the Foundation. The Foundation shall submit to the Department, with a copy to the County, no more frequently than monthly, a statement requesting reimbursement for the Federal share of the Project's costs. The statement must identify and document Project expenditures to date and include a summary in the following categories: ~ Participating expenditures ~ Non-participating expenditures ~ In-kind contributions of donated right-of-way or services. r. Agree to reimburse the County 100% of all expenses incurred by the County in the event that: ~ The project is canceled during any phase of work; ~ Expenditures incurred are not reimbursed by the Federal Highway Administration due to the failure to follow proper federal guidelines and/or the expenditures are found to be federally non-participating items; ~ Expenditures incurred exceed the total amount allocated in the· Six Year Improvement Program or funds actually available for the Project. s. Meet all County site plan, zoning, and subdivision ordinance requirements. 6 2. The County will coordinate with, cooperate with, and assist the Foundation in implementing the Project, and specifically agrees to: a. Respond in an expeditious manner to requests from the Foundation. b. Provide the necessary coordination with the Department, Federal Highway Administration and other appropriate Federal and State agencies; provide assistance and guidance to the Foundation relative to environmental documentation and coordination as is appropriate. c. Process payments to the Foundation of reimbursements received from the Department for Project expenditures. d. Cooperate with the Foundation and the Department in the audit of all project costs and records as required by the federal highway administration. e. To take all reasonable actions required to obtain funding for the project pursuant to the Enhancement Program in the Department's Six. Year Improvement Program. The maximum amount of federal funds available for this project is $2.500.000. 3. All applicable federal, state and local regulations shall apply to all work performed on the project including consultant services contracts and construction contracts. 4. Nothing herein shall be construed as creating any personal liability on the part of any officer, employee, or agent of the parties, nor shall it be construed as giving any rights or benefits to anyone other than the parties 7 hereto. 5. This Agreement shall be binding upon the parties hereto, and their respective successors and assigns. 6. Upon the execution of this Agreement by both parties and upon notification by the County that the Department approvals have been received, the Foundation will be authorized to commence with the Project. 7. This agreement may be modified by written agreement with the mutual consent of the Foundation and the County. 8. The Foundation will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, handicap, national origin or other non-merit factors provided they are qualified and meet· physical requirements established for the positions. 9. None of the funds, materials, property or services contributed by the County or the Foundation, under this Agreement, shall be used in the performance of this Agreement for any partisan political activity, or to further the election or defeat of any candidate for public office. 10. No officer, member, or employee of the Foundation who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Agreement which affects his personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 8 11. The Foundation shall contribute a minimum of $625,000 to the Project, such contribution to be in a form and made at such time as acceptable to the Department and the County. 12. The Foundation shall maintain any property improved as part of the Project which is not accepted for maintenance by the Department. The minimum level of maintenance shall be a reasonable standard of care as determined by the Department. 13. The Foundation shall, after construction of the Project, or any part thereof, . not permit any changes or alterations to the Project, as approved and completed, without the prior written approval of the Department. 14. The Foundation shall, prior to any substantial work on the Project, have appropriate Foundation agents and personnel, as determined by the County and the Department, attend a preliminary coordination meeting with the County and the Department. 15. The Foundation agrees to indemnify the County and hold it, and its officers, agents, representations and employees harmless from any and all claims, damages, costs, including attorney's fees, and liabilities of any kind arising out of or resulting from the Foundation's or its agents' negligent performance of its obligation under this Agreement or any failure by the Foundation to meet any obligation required to complete the Project. 16. The Foundation shall take out and carry during the entire term of this Agreement, property damage insurance and general public liability insurance 9 · . with adequate limits to protect both the Foundation and the County from liability, such limit being not less than $1,000,000. The Foundation will provide the County with a Certificate of Insurance naming the County as an additional insured and evidencing the insurance coverage required herein. 17. The Foundation shall provide to the County a performance bond, in a form approved by the County Attomey, in the amount of $2,500,000, to guarantee the Foundation's performance of this Agreement. Such performance bond shall be delivered to the County prior to its execution of the Agreement. IN WITNESSETH WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers. APPROVED AS TO FORM: BY ~~~ ß"OU ATTORNEY WITNESS: THOMAS JEFFERSON MEMORIAL FOUNDATION, INC. BY dJ~l~~ _~ tMJML 94P&Z145.001 10 CO}»?- AGREEMENT FOR DEVELOPMENT AND ADMINISTRATION OF THE THOMAS JEFFERSON PARKWAY BY THE COUNTY OF ALBEMARLE THIS AGREEMENT, made and executed in triplicate as of this _ day of _, 1994, between the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION, hereinafter called the "Department" and the COUNTY OF ALBEMARLE, a political subdivision of the Commonwealth of Virginia, hereinafter called the "County". WITNESSETH: WHEREAS, the Department has adopted a Six Year Improvement Program for Fiscal Year 1993-94 and 1994-95 for streets and highways, which includes an allocation of funds for the Thomas Jefferson Parkway (Phase I and II) identified in the Enhancement Program portion of the Six Year Improvement Program and designated as Projects EN93-002-V05, PE 101, RW201, C501 and EN94-002- V09,PE1 01,RW201,C501, and referred to hereinafter as the "Project"; and WHEREAS, the estimated cost of the project is $3,125,000 for Phases I and II, which includes $2,500,000 of Enhancement Program Funds and $625,000 in contributions to the Project by the Thomas Jefferson Memorial Foundation, Inc., and WHEREAS, the Department and the County desire to construct the Project as expeditiously as possible and the County agrees to have the Project implemented within 48 months from the date funds are made available for the Project. NOW, THEREFORE, for and in consideration of the premises and mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. The County shall consult with, and act as the agent of, the Department in performing the preliminary engineering, right-of-way/property acquisition and construction phases of the Project, specifically including the following: a. Perform or contract with a consultant to perform the preliminary engineering, design and plan development necessary to award a contract for construction; and the administration, supervision and inspection of the construction of the Project through final acceptance, in accordance with Department procedures and policies, including settlement of any claims and disputes arising from the Project. b. If deemed appropriate by the Department, submit each phase of the work to the Department for review and approval as the project develops; allow Department personnel to inspect all phases of the project at all times. c. Prepare plans for the Project, including such items as general notes, references to specifications and standards, typical sections, drainage plans, stormwater management, erosion and sediment control methods, profiles, cross sections, summaries, and the like. Plans may be prepared in accordance with County of Albemarle 2 standards and format, provided the standards meet or exceed Department standards or are approved by the Department. d. Coordinate the project through the State Environmental Review Process, prepare the appropriate environmental document as established by the Federal Highway Administration policy and procedures and carry out the functions necessary to clear the Project environmentally. e. Locate potential contaminated and/or hazardous waste sites during the surveyor early plan development stage. Discuss the presence of these sites and design alternatives with the Department. Once contamination is determined to exist, whether obvious or established through testing, the County shall notify the appropriate regulatory agency. Conduct detailed studies such as site characterization to determine the length of time required for clean- up and potential financial liability for the County and Department. If the purchase of property is anticipated the first option is to pursue remediation by the property owner( s) through the appropriate agencies. 1. If required, post a "notice of willingness to hold a public hearing" on the Project, conduct such a hearing, if necessary, in accordance. with Department and Federal Highway Administration requirements and coordinate the Project with property owners in the Project area. 3 g. Obtain all necessary permits for the Project. h. If required, prepare right-of-way/property acquisition plans for the Project and acquire title to all property needed for the Project in the name of the County, the Thomas Jefferson Memorial Foundation, Inc., or such other entity that is acceptable to the Department, by purchase or by eminent domain, if necessary. I. If applicable, abide by Titles 25 and 33 of the 1950 Code of Virginia, as amended, in the acquisition of rights-of-way/property for this Project and follow the policy and procedures outlines in Section 702.02 of the Department's Right of Way Manual, which are incorporated by reference. j. Provide relocation assistance to those whose property is acquired for the Project in conformance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (49 CFR Part 24). k. Maintain all appraisals, negotiation reports, relocation assistance files, closing statements, eminent domain records and the like for a . period of three (3) years after final disposition of the Project by the Federal Highway Administration. (Acceptance of final voucher.) I. Coordinate and authorize utility relocations. m. Procure a contractor to construct the Project, in conformance with applicable provisions of the Virginia Public Procurement Act. The 4 County agrees not to award a construction contract to any bidder unless its bid is within seven percent (7%) of the County's cost estimate or which is approved by the Department. The County agrees not to award such contract until the Commonwealth Transportation Board has accepted and approved the bid and the contractor, and until a standard County-State agreement is executed. n. Submit any change orders to construction contracts for which reimbursement is requested to the Department's Resident Engineer for approval. o. Receive Department approval of any claims arising from construction contracts for which reimbursement is requested prior to settlement. p. Maintain accurate records of the Project and documentation of all expenditures, identifying federally participating, federally non- participating, and in-kind contributions, on which reimbursement will be based. Make project documentation available for inspection and/or audit by the Department or the Federal government at any time. q. Submit to the Department's Resident Engineer no more frequently than monthly, a statement requesting reimbursement for the Federal share of the project's costs. The statement must identify 5 and document project expenditures to date and include a summary in the following categories: ~ Participating expenditures ~ Non-participating expenditures ~ In-kind contributions of donated right-of-way or services. r. Agree to reimburse the Department 100% of all expenses incurred by the Department in the event that: ~ The project is canceled during any phase of work; ~ Expenditures incurred are not reimbursed by the Federal Highway Administration due to the County's failure to follow proper federal guidelines and/or the expenditures are found to be federally non-participating items; ~ Expenditures incurred exceed the total amount allocated in the Six Year Improvement Program. 2. The Department will coordinate with, cooperate with, and assist the County in implementing the Project, and specifically agrees to: a. Review each phase of the Project and respond in an expeditious manner to requests from the County. b. Provide the necessary coordination with the Federal Highway Administration and other appropriate Federal and State agencies; provide assistance and guidance to the County relative to environmental documentation and coordination as is appropriate. 6 c. Provide reimbursement for Project expenditures for the previous month or for the final billing, within thirty (30) days of receiving an acceptable statement from the County. The reimbursement amount will be based on the Enhancement Project worksheet (example attached). d. Audit all project costs and records as required by the Federal Highway Administration. e. Provide funding for the project pursuant to the Enhancement Program in the Department's Six Year Improvement Program. The maximum amount of federal funds available for this project is $2,500,000. 3. All applicable federal, state and local regulations shall apply to all work performed on the project including consultant services contracts and construction contracts. 4. Nothing herein shall be construed as creating any personal liability on the part of any officer, employee, or agent of the parties, nor shall it be construed as giving any rights or benefits to anyone other than the parties hereto. 5. This Agreement shall be binding upon the parties hereto, and their respective successors and assigns. 6. Upon the execution of this Agreement by both parties, the County is hereby authorized to commence with the Project. 7 · . 7. This agreement may be modified with the mutual consent of the Department and the County. IN WITNESSETH WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers. ATTEST: COUNTY OF ALBEMARLE COUNTY CLERK COUNTY SIGNATURE APPROVED AS TO FORM: BY: COUNTY ATTORNEY WITNESS: COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION BY: COMMISSIONER 94-145.001 8 ló-I~-1f . COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Skateboard Facility Site AGENDA DATE: December 21, 1994 ITEM NUMBER: q~d¿¿¡ (Çl~) ACfION: INFORMATION: SUBJECfIPROPOSALIREOUEST: Approval of the use of T owe Park for the construction of a skateboard park contingent on donations being secured and operating funds approved in 95-96 operating budget. CONSENT AGENDA: ACfION: X INFORMATION: STAFF CONT ACf(S): Messrs. Tucker, Huff, and Mullaney REVIEWED BY: ATTACHMENTS: BACKGROUND: On December 7, 1995 the Board of Supervisors discussed the status of discussions to locate a skateboard facility on City or County property. Ms. Daria Brezinski, is leading an effort to have the skateboard facility developed at no cost to the City or County. In order for her effort to be successful, Ms. Brezinski feels that it is necessary to have a commitment on a site for the facility prior to the end of December. The reason for the deadline is so that those making donations can take advantage of current tax laws. DISCUSSION: As of December 7, the recommended site for the facility was McIntire Park. This recommendation was made by City and County Parks and Recreation staff However since that time it has been learned that there are potential problems with the site at McIntire that cannot be resolved by the end of the year. Those problems include the planned future location of a water line and the possible future reconfiguration of the little league field and the proposed area, in order to provide a second little league field. The City and County Parks and Recreation staff have now picked a site at Towe Park for the proposed facility. The proposed site is indicated on the enclosed copy of the park master plan. The area chosen is not slated for any other type of development. RECOMMENDATION: Staff recommends that the Board of Supervisors approve that the proposed skateboard park can be located at Towe Park contingent on: 1. City of Charlottesville approval of the same. 2. Assurancein writing along with necessary surety that the facility will be completed at no cost to the County. 3. Support of operating funds for the facility in the 95-96 operating budget, based on budget analysis and need. 94.192 \, ' . " , ,"", .~. '~ " \: --.. '. \ ,:~~ , /' :' : ....;/;' ~_ ,~"J :./} <0 ,.- , ' V<A'~~~'\ ';...-- \. ,- " /' . \ ~/' :[ -....,......·~_a ': .~ if [;h Ie h , C'q ,,'c/ S¡'1-e /..--.. ( : . , '''--',' ! -()~ ~ ~ " "'% I ";~MJ, ;.>!>~ ?" ;,:!~'.., '" ·- , . COUNTY OF ALBEMARLE Office of County Executive 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 296-5841 FAX (804) 972-4060 FAX (804) 296-5800 December 29, 1994 Ms. Betty S. Thomas, County Administrator Montgomery County County Courthouse P. O. Box 806 Christiansburg, VA 24073-0806 Dear Ms. Thomas: This letter is to confirm that the Albemarle County Board of Supervisors agreed on December 21, 1994 to support the proposed amendment change to Section 15.1-1241(e) of the Virginia Water and Sewer Authorities Act, Chapter 28, Title 15. 1 of the Code of Virginia, which will allow solid waste authorities to contract with another authority. We will convey our resolution of support to our local legislators as well as to our legislative liaison. Sincerely, 1>'f(M)V!L~ Roxanne W. White, Assistant County Executive RWW /ht 94-16 c: The Honorable Edgar S. Robb The Honorable Mitchell Van Yahres The Honorable Peter T. Way Bonnie FronfeIter ~ /2. -(to 41./ .' EXECUTIVE SUMMARY GENDA TITLE: esolution of Support for Solid Waste Legislation AGENDA DATE: December 21, 1994 ITEM NUMBER: g ~ I l z-U ( 'ç¡ ~ ) SUBJECT/PROPOSAL/RE UEST: equest support for proposed legislation by ontgomery County to allow one solid waste authority o contract with another authority. ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: j;¡-- STAFF CONTACT: Tucker, White REVIEWED BY: BACKGROUND: Montgomery County has asked that Albemarle County support an amendment to the Code of Virginia that will allow one solid waste authority to contract with another authority. In their attempt to form a regional solid waste authority with the towns of Christiansburg, Blacksburg and Virginia Tech, this restriction is a stumbling block to the formation of their authority. They also point out that the current code reduces the available options for all localities, not only for solid waste needs, but also for water/sewer and other kinds of public services. DISCUSSION: The proposed legislation requests that Section 15.1-1241(e) of the Virginia Water and Sewer Authorities Act, Chapter 28, Title 15.1 of the Code of Virginia of 1950 be amended to read: (e) The term "political subdivision" shall mean a county, authority, or municipality and any institution or commission of the Commonwealth of Virginia., RECOMMENDA TION: If the Board concurs with this amendment change to the Code of Virginia, staff will convey your support to Montgomery County, as well as our local legislators and legislative liaison. solid. sam 94.197 " , . Betty S. Thomas County Administrator Larry J. Linkous, Chairman Larry N. Rush, Vice Chairman James M. Moore Henry F. Jablonski MONTGOMERY COUNTY BOARD OF SUPERVISORS County Courthouse . P.O. Box 806 . Christians burg, Virginia 24073-0806 November 30,1994 Ira D. Long Joseph V. Gorman, Jr. Joe C. Stewart Walter F. Perkins, Chairman Albemarle County Board of Supervisors 401 McIntire Road Charlotesville, Virginia 22902-4596 Dear Mr. Perkins: Montgomery County, the Towns of Christians burg and Blacksburg and Virginia Tech are in the process of forming a Regional Solid Waste Authority to handle our solid waste needs into the 21st Century. Currently, the Code of Virginia does not provide for one solid waste authority to contract with another authority. This restriction is a stumbling block for us and reduces the available options for all localities, not only for solid waste needs, but for water/sewer and other kinds of public services as well. We ask your support for the enclosed proposed legislation which will enable authorities to contract with other authorities so that all Virginia localities can maximize the alternatives to meet public service needs. Thank you for your consideration of this matter. Sincerely, #~~ Betty S. Thomas County Administrator BST/jk Attachment Telephone (703) 382-6954 FAX: (703) 382-6943 'I' ... AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF MONTGOMERY COUNTY, VIRGINIA HELD ON THE 21ST DAY OF NOVEMBER, 1994 AT 7:00 P.M. IN THE BOARD CHAMBERS, COUNTY COURTHOUSE, CHRISTIANSBURG, VIRGINIA: On a motion by Joseph V. Gorman, Jr., seconded by Ira D. Long and carried unanimously, IT WAS RESOLVED, That the Board of Supervisors of Montgomery County, Virginia hereby requests that Section 15.1-1241(e) of the Virginia Water and Sewer Authorities Act, Chapter 28, Title 15.1 of the Code of Virginia of 1950, as amended, which reads as follows: (e) The term "political subdivision" shall mean a county or municipality and any institution or commission of the Commonwealth of Virginia shall be amended to read as follows: (e) The term "political subdivision" shall mean a county, authority or municipality and any institution or commission of the Commonwealth of Virginia ATIEST: ~~ ~ ~ ) COUN' Y AD IN STRA TOR DATE be-e AGENDA ITEM NO. AGENDA ITEM NAME DEFERRED UNTIL ;;1/ J J 91 <f 91, (l z I ( ~. f) J (\112 L ,A-¡ (V1 ¡Wo- -h ~ ~n 1- fC¡b Form. 3 7/25/86 . .. AGENDA ITEM NAME Òec- ¿;¿ J 9 "I 9L1, /:.2,;), I (f',:) / P~/I~ Þe.We.-v ó{'.fr L-L ./ .JaA\~ 1- '7!>- DATE AGENDA ITEM NO. DEFERRED UNTIL Form.3 7/25/86 ~ RESOLUTION WHEREAS, the University Real Estate Foundation (UREF) has acquired property located in the County of Albemarle for the purpose of industrial development; and WHEREAS, this property is expected to be the site of new private capital investment in land, building, and manufacturing equipment which will provide substantial employment; and WHEREAS, the subject property has no access to a public street or highway and will require the construction of a new roadway to connect with Route 606 known as Dickerson Road; and WHEREAS, the County of Albemarle hereby guarantees that the necessary right of way for this new roadway and utility relocations or adjustments, if necessary, will be provided at no cost to the Virginia Department of Transportation or the Industrial Access Fund; and NOW, THEREFORE, BE IT RESOL VED THAT the Albemarle Board of County Supervisors hereby requests that the Commonwealth Transportation Board provide Industrial Access Road funding to provide an adequate road to this property; and BE IT FURTHER RESOL VED THAT the Albemarle Board of County Supervisors hereby agrees to provide a surety or bond, acceptable to and payable to the Virginia Department of Transportation, in the full amount of the cost of the road; this surety shall be exercised by the Department of Transportation in the event that sufficient qualifying capital investment does not occur on parcel(s) TM32-19 within three years of the Commonwealth Transportation Board's allocation of funds pursuant to this request [Note: see Appendix I for qualifying parcels]. BE IT FURTHER RESOL VED THAT the Albemarle Board of County Supervisors hereby agrees that the new roadway so constructed will be added to and become a part of the County of Albemarle Secondary System of Highway. (SEAL) A COPY TESTE: {;J íJ.£t:¿ 1 ~ (Chairman) At a regularly scheduled meeting of the Albemarle Board of County Supervisors held on December 21, 1994 on a motion by Mrs. Humphris, seconded by Mr. Martin, the foregoing resolution was adopted by a vote of six to zero. RESOLUTION ¡;b-/~- tif tj<f, /~I (5, 7 ) WHEREAS, the University Real Estate Foundation (UREF) has acquired property located in the County of Albemarle for the purpose of industrial development; and WHEREAS, this property is expected to be the site of new private capital investment in land, building, and manufacturing equipment which will provide substantial employment; and WHEREAS, the subject property has no access to a public street or highway and will require the construction of a new roadway to connect with Route 606 known as Dickerson Road; and WHEREAS, the County of Albemarle hereby guarantees that the necessary right of way for this new roadway and utility relocations or adjustments, if necessary, will be provided at no cost to the Virginia Department of Transportation; and WHEREAS, the County of Albemarle hereby guarantees that the necessary right of way for this improvement and utility relocations or adjustments, if necessary, will be provided at no cost to the Industrial Access Fund; NOW, THEREFORE, BE IT RESOLVED THAT: The Albemarle County Board of Supervisors hereby requests that the Commonwealth Transportation Board provide Industrial Access Road funding to provide an adequate road to this property; and BE IT FURTHER RESOLVED THAT: The Albemarle County Board of Supervisors hereby agrees to provide a surety or bond, acceptable to and payable to the Virginia Department of Transportation, in the full amount of the cost of the road; this surety shall be exercised by the Department of Transportation in the vent that sufficient qualifying capital investment does not occur on parcel(s) TM32-19 within three years of the Commonwealth Transportation Board's allocation of funds pursuant to this request [Note: see Appendix I for qualifying parcels]. BE IT FURTHER RESOLVED THAT: The Albemarle County Board of Supervisors hereby agrees that the new roadway so constructed will be added to and become a part of the County of Albemarle Secondary System of Highway. (SEAL) A COPY TESTE: (Chairman) At a regularly scheduled meeting of the Albemarle County Board of Supervisors held on December 21, 1994 on a motion by , seconded by , the following resolution was adopted by a vote of to : -- 94.198 David P. Bowerman Charlottesville Charlotte Y. Humphris Jack Jouett Forrest R. Marshall, JL ScoltsvîJle TO: FROM: DATE: SUBJECT: COUNTY OF ALBEMARLE Office of Board of Supervisors 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 296-5843 FAX (804) 296-5800 MEMORANDUM Peter Parsons, Civil Engineer II Department of Engineering Ella W. Carey, Clerk~ December 28, 1994 Resolution to accept road into the State Secondary System of Highways At its meeting on December 21, 1994, the Board of Supervisors adopted the following resolution: EWC:mms Attachments Resolution to accept Cindy Lane in Joyce Hill Subdivision into the State Secondary System of High- ways. Attached are the original and four copies of the resolution. * Printed on recycled paper Charles S, Martin Rrvanna Walter F, Perkins While Hall Sally H. Thomas Samuel Miner The Board of County Supervisors of Albemarle County, Virgin- ia, in regular meeting on the 21st day of December, 1994, adopted the following resolution: RES 0 L UTI 0 N WHEREAS, the street in Joyce Hill Subdivision described on the attached Additions Form SR-5(A) dated December 21, 1994, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board that the street meets the requirements established by the Subdivision Street Reauirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the Virginia Department of Transpor- tation to add the road in Joyce Hill Subdivision as described on the attached Additions Form SR-5(A) dated December 21, 1994, to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Re- auirements; and BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage as described on the recorded plats; and FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. * * * * * Recorded vote: Moved by: Mrs. Thomas. Seconded by: Mr. Bowerman. Yeas: Mr. Bowerman, Mrs. Humphris, Messrs. Marshall, Martin, Perkins and Mrs. Thomas. Nays: None. A Copy Teste: fJ) >t ~ +I C c:I 1-4 ::I = 0 ~I u JïI a fJ) 'S G) ~I Poi f<. s.. 0 aI ~ e ~ ~ ¡ Q .Q I Poi fJ) ø:C >t fJ) >t ~ ] GI 0 ~ u ¡ JïI fJ) J JïI ~ 0 € E-I fJ) JJ :z: 0 0 1-4 g E-I 1-4 '.::1 Q .e ~ æ Ci'. Q C JïI .~ Poi fJ) Poi 0 .... ø. & = 0 JJ Ø:: G) ø. ... u = I 'f 0 GI Þ:I 18 ø:C 'SI .. 11'1 c:I I t 0 Ø:: .... fJ) 1/1 Q .., ~ g :- .:.I .... 0 ~ ~ f<. '§ .:!. fJ) S fJ) :z: 0 ¡ 'H 1-4 0 E-I j 1-4 G) Q ~ e ~ aI -< :z: I- ~ - ~ - ~ ~ - .a ~i ~ ¡ J Q J! ... Q ¡ u j 0\ ~ . 1:1 :: 0 = Ò '.::1 :a æ ~~ G) t¡\ æ aI ~ Q Poi .... ;g :E 2 Poi ~ aI +I ~ 0 E-I ~- ¿It! =:~ 0 og '" ~ :ã .. ~ ~ ~ ... 1:1 ] l = ¡ '.::1 I I I I :ß c = ~ og ~ -< ~ j. ~ ~ ~ ~ ~ ~ .,,¡ ! ,,; ! ! ! ! '5 ~ ¡ [ ! ;¡: ! ¡¡ ¡¡ ! ¡¡ "i' c! ;! ;! c! ;! '5 ã 1 1 1 1 1 r. '5 ... ... ... 1 ... ~ ... D D J J c ! 101 '" ! '" ! ! '" ~ ~ l ~ l ~ l ~ l .. ~ l ~ V1 ... = Q ~ ! z ~ c Ö ...:. ~~ - .. ... . '" .¡¡ ·f ... "C "C ¡¡ ~ :i = ... ... .E :¡ æ I ç ~ ~ 1:1 i ... = Q f;1 I> '§ Ÿ æ ~ >. U ~ ~ Q¡ ~ I> 9 ø:C .8 Jj GI .r! rz. 1 ... 0 ] = :z: oS 0 .51 og 1-4 .~ ... E-I æ 1 tj ~ ~ 1-4 ~ rz. 1-4 og § E-I Q ~ Ø:: oS JïI ... ~ = U 1:: ~ " Co GI ~ 1 t::: t: Q ... .~ ¡ j ~ GI ~ The road described on Additions Form SR-5(A) is: 1. Cindy Lane from the edge of pavement of state Route 784, 1021 lineal feet to the end of the cul-de-sac with a 50 foot right-of-way as shown on plat recorded 3/1/90 in the Office of the Clerk of the Circuit Court in Deed Book 1089, pages 316-318. · COUNTY OF ALBEMARLE MEMORANDUM TO: Ella Carey, Board of Supervisors Clerk FROM: DATE: RE: Peter Parsons, Civil Engineer II ~ December 15, 1994 Joyce Hill Subdivision (SUB-88-213) The road serving the above referenced subdivision is substantially complete and ready for a VDOT acceptance inspection. Attached is the completed SR-5(A) form for a resolution, which I request be taken to the Board for adoption at your next opportunity. Once the resolution has been adopted, date and sign the SR-5(A), and please provide me with the original and four copies. Thanks for your assistance. Please call me if you have any questions. PJp/ Attachment AGENDA ITEM NO. Ve-c 2 I 9 i r f. (l2 f (ç ( ~) J f-hy')', ~ Jd b Ùes &l"p+'---, \ ~"Ì q-- 7 ç DATE AGENDA ITEM NAME DEFERRED UNTIL Form. 3 7/25/86 /;2-16 -frj .t)0(~/(~f~ ) COMMONWEALTH of VIRGINIA DAVID R. GEHR COMMISSIONER DEPARTMENT OF TRANSPORTATION P. O. BOX 2013 CHARLOTTESVILLE, 22902 D. S. ROOSEVELT RESIDENT ENGINEER December 9, 1994 Route 745 Railroad Bridge Ms. Ella W. Carey, Clerk Albemarle County Bd. of Supervisors 401 McIntire Road Charlottesville, VA. 22902 Dear Ms. Carey: The northern Route 745 bridge over the Norfolk Southern Railway tracks south of Charlottesville will be closed to traffic in late December. Currently the closing is scheduled for Tuesday, December 27, 1994. It is expected to remain closed through the end of February, however this could be extended if weather delays completion of repairs by railroad company crews. While the bridge is closed, crews will complete major structural rehabilitation that includes straightening deck beams and installing a new deck. Route 745 is a secondary road that forms a loop east of Route 29. There are bridges across railroad tracks at both the northern and southern ends of the road. During the bridge rehabilitation, persons living south of the northern bridge will have to travel to the southern entrance and drive north on Route 745 to their destination. Signs will alert motorists to the road closing and provide appropriate detour instructions while the work is under way. JHS/ldw fJ-~~:r r9 . H. Shifflett, Jr. aint. Opere Mgr. cc: D. R. Askew, R. W. Tucker, Jr. Charlottesville Fire Dept. North Garden Fire Dept. Ch'ville./Alb. Rescue Squad Ch'ville. Post Office, C. W. Wright Albemarle County Police, State Police Alb. Co. Schools & School Transp. Supv. TRANSPORTATION FOR THE 21 ST CENTURY December 8, 1994 ~ ~T~ r.o. Box 334 BElCAMP, MARYlAND 2IOlì 410,575·7412 FAX 410·2ì3·Q524 /z-/6-71 91, /d.d"/{S.-:¡Ò) f ABGÂ FINANCIAL SERVICES. INC. Mr. Bob Richardson Sovran Bank, N.A. Post Office Box 26904 Richmond, Virginia 23261 Re: Arbor Crest Apartments (Hydraulic Road Apts.) Dear Mr. Richardson: Enclosed please find the Bond Program Report and Monthly Report Pursuant to Section 7(a) of the Deed Restrictions for the month of November 1994. If you have any questions, please do not hesitate to contact me at 410-575-7412. Sincerely, ~vll\f}to~ Sheila H. Moynihan Project Monitor /shm enclosures cc: Ms. Ella W. Carey, Clerk, CMC Albemarle County Board of Supervisors 401 McIntire Road Charlottesville, VA 22902-4596 .' . w Effective November 30, 1994 MONTHLY REPORT PURSUANT TO SECTION 7(a) OF THE DEED RESTRICTIONS TO: ABG Associates, Inc. 300 E. Lcmba.rd Street Baltimore, Maryland 21202 RE: Hydraulic Road Apartments - Aroor Crest Apa..rt:œ.nts Charlottesville, Virginia Pursuant to Section 7(a) of the Deed Restrictions (the "Deed Restrictions"), as defined in an Indenture of Trust dated as of April 1, 1983, between the Industrial Development Authority of Albemarle County, Virginia (the "Authority"), and your bank, as trustee, the unde r signed au thor i zed representa t i ve of Richmond-Albemar le Limited Partnership, a Virg inia Limi ted Partnership (the "Purchaser"), hereby certifies with respect to the operation and management of Hydraulic Road Apartments, Charlottesville, Virginia (the "Project"), that as of the date shown below: 1) The number of units in the Project occupied by lower income tenants is 17 . 2) The number of units in the Project unoccupied and held available for Lower Income Tenants is -0- 3) The number of units rented and the number of units held available for rental other than as described in (1) and (2) is 49 4) The percentage that the number of units described in (1) and (2) hereof constitute of the total number of units in the Project is 26% . 5) The information contained in this report is true, accurate and correct as of the date hereof. 6) As of the date hereof, the Purchaser is not in default under any covenant or agreement contained in the Deed Restrictions or in an Agreement of Sale dated as of April 1, 1983, between the Authority and the Purchaser. IN WITNESS WHEREOF, the undersigned has signed this Report as of November 5, 1994 RICHMOND-ALBEMARLE LIMITED PARTNERSHIP, a Virginia limited partnership By: ~~ ø-<ja:z¿ Authorized Representative .. . .. aONO PROGRAM REPORT Month November y 1994 Mt_ P,o~r\y: Arbor Crest Apartments (Hydraulic Road Apts.) PrO;.c:1 .: 051-35371 t.oCltion: Charlottesville, VA Number of Units 66 SubmlneCl Þy. Loretta Wyatt December 5, 1994 Effective 11/30/94 Ma~~r CaTe Total Occupied 66 LOwt" INCOME Bond Occupied 17 I. The lollowlng units hayc ~n Cle-slgnAled as "towIr Incom." unlls 1 Arbor Crest Dr 21 Dorothy B. Hubicsak 41 e1. ~ 4 Arbor Crest Dr ~~ Beverly T. Lane 42 62. 3 6 Arbor Crest Dr ~J Wilma M. Atkinson 43 43. 4 9 Arbor Crest Dr 24 Virginia Burton 44 ~. S 12 Arbor Crest Dr 25 G. Robert Stone 45 a~, 6 14 Arbor Crest Dr ~6 Betty L. Reed 4ð ie. 7 20 Arbor Crest Dr 21 Evelyn Mandeville 41 e7. a 30 Arbor Crest Dr 28 Mary Cox Allen 48 61 9 44 Arbor Crest Dr 29 Sam M. Atherton 49 68. 10 56 Arbor Crest Dr 30 Violet DuCharme ~ 70. \1 76 Arbor Crest Dr 31 Ann G. Saylor :a1 71. 12. 78 Arbor Crest Dr 31 Ernest M. Nease $2 72 13 84 Arbor Crest Dr 33 Juanita Boliek 53 73. 14 90 Arbor Crest Dr 34 Betty B. Elliott 54 74. IS 92 Arbor Crest Dr :IS Dorothy H. Reese ~5 75. 16 94 Arbor Crest Dr 36 Sarah E. Fischer ~ 7e. 11 106 Arbor Crest Dr :\7 Katherine T. Nowlen 57. 77. 18 3ð ~. 78. 19 39 59 78. 20 40 60 10. T t\& cn.n9'CS from p'evlous 'e-pc'" ,..!lecfed in !he aÞoye "sling '" Oelellona A6dt1lone t H 11. 1 12 2 12. 3 13 3 13. 4 14 4. 14. 5 15 5 15. 6 16 6 11. 7 \1 7 17. . ,. e. II.. . 19 t ". '0 20 10. 20. /2 -/0-91 0 91, 1;).,;)../ (!>~ / J u N I V E R S I T y () F V I R G I N I A S C H 0 0 L 0 F A R C H I T E C T U R E 8 December 1994 Mr. Walter Perkins, Chair Board of Supervisors Albemarle County 401 McIntire Road Charlottesville, VA 22902 Dear Mr. Perkins: Last spring, the University of Virginia, School of Architecture submitted a proposal to the Department of Housing and Urban Development to establish a Community Outreach Partnership Center. A month ago, I received a letter from the HUD Office of the University Partnerships notifying us that our proposal was unsuccessful. Eleven of the successful proposals were from universities in large or medium sized urban areas. Three of the successful proposals involved small cities in rural areas analogous to our geographic circumstances. In speaking with the HUD grants officer, I learned that our proposal focused too much on planning and research and not enough on community outreach. It was also apparent that our proposal did not clearly or convincingly. communicate our objectives or the intended results. This was in part due to the short response time involved in preparing the proposal. A new RFP for this program will be issued in December 1994 with a 75 day response time. Wc:: have discussed a resubmittal but believe it would be prudent to not rush this proposal again but rather wait another year. This will allow several departments at the University to develop more meaningful projects with the surrounding communities. Thank you for your help and support in submitting the 1994 proposal. Please continue to communicate with us regarding possible community outreach partnerships for next year. Sincir~ ~ £l. () ~ ' ~rce~ Michael J. Bednar Associate Deaü for> '. u.emic Programs cc: David Benish ARCHITECTURE' EANDSCAPE ARCHITFlTlJRF' ,IRCHJTECTURAE HISTORY' lJRHAN AND ENVIRONMENTAE I'LANNIN(; CAMPBFLL HALL· UNIVFRS¡ rv 01 V!¡..U;INJA . (I!ARJ.OTTESVILLE . VIRCINIr\ 2290.) . SOli lJ24 .'i7l,) I'll DEFERRED UNTIL Dee 21 l'l( I 'f, f -¿è I (ç- I L~ ) Z s;?)'M L~ b1.a-(,~ ~Y1 4- Ie¡.; DATE AGENDA ITEM NO. AGENDA ITEM NAME Form. 3 7/25/86 . '. l .f ('0' jl>.!TY 0)r.: I~ ipc:r,.·~..,r'.RLE l' '~.. to... r." ~ " <.-". . ,. ."., .,j ,._., !'<! , r'-' "',' re }r! ';""i \ì ! DEC 16 1994 '\ H I Uülb '.,,". ,j J.~iÜ EXECUTIVE OFFICE COUNTY OF ALBEMARLE Dept of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 MEMORANDUM 2 TO: Robert W. Tucker, Jr., County Executive I I , ø V . Wayne Cilimberg, Director of Planning & Community Development ~ FROM: DATE: December 14, 1994 RE: Albemarle County Planning Commission - 1993 Annual Report Attached please find a copy of the 1993 Annual Report approved by the Albemarle County Planning Commission at their meeting on December 13, 1994. If you should have any questions, please do not hesitate to contact me. VWC/jcw ATTACHMENT r 1993 ANNUAL REPORT ALBEMARLE COUNTY PLANNING COMMISSION I. INTRODUCTION The Code of Virginia states that local Planning Commissions shall make recommendations and an annual report to the governing body concerning the operation of the Commission and the status of planning within the jurisdiction. This report is a brief summary of what the Albemarle County Planning Commission has accomplished during the past year and some of the issues which will be addressed during 1994. II. PERSONNEL The Commission is composed of seven members, one member from each of the six magisterial districts, and one member "at large." The Commission members during 1993 were: Phil Grimm, Chairman Charlottesville Walter F. Johnson, Vice-Chairman At-Large Thomas Jenkins White Hall Ellen I. Andersen Samuel Miller Jacquelyn N. Huckle Jack Jouett William J. Nitchmann Scottsville Thomas D. Blue Rivanna 1/03/90 - 12/31/93 1/17/90 - 12/31/93 1/06/88 - 12/31/95 1/03/90 - 12/31/93 1/03/90 - 12/31/93 1/08/92 - 12/31/95 1/08/92 - 12/31/95 III. EXPENSES The Commission does not have a separate budget. Expenses for commission members were a total of $24,600.00 all of which was spent on salaries for commissioners. IV. REGULAR ITEMS The Planning Commission held 37 regular meetings primarily to review current development proposals. A total of 133 items were reviewed. · Maior zoning/special use permit reviews included: -SP-92-65 Youel - 27 lot rural preservation development. -ZMA-92-12 and SP-92-66 Worrell- 977,550 square foot office, 145,000 square foot retail, 296 residential, 85 acres open space. 1 ·- -SP-93-07 1781 Outdoor Theater at Boyd Tavern. -ZMA-92-14 and SP-93-13 Wood - Rezoned 57 acres from RA to R-15 for mobile home park. · Zonin~ text amendments addressed such issues as: -ZTA-93-03 Worrell to allow heliports by special use permit in CO, Cl, and HC districts. -ZTA-93-04 Hydraulic Road Partnership to permit indoor athletic facilities as a use by-right in the C-l, HC, PD-SC, PD-MC and LI districts. -ZTA-93-05 Pflug - Request to raise the number of units permitted on a single parcel before a site plan is required from 2 to 5. An important procedural measure implemented in March, 1988 was the Consent Agenda. In 1993, the Planning Commission authorized approval of all of the items which appeared on the Consent Agenda, resulting in an agenda time savings of about 1 hour or the equivalent of about 1 meeting. The Commission also took action on other proposals outside of the development review area. These included: . A~ricultural/F orestal Districts. Two districts created: November 17, 1993 Pasture Fence Mountain November 17, 1993 North Fork Moorman's River TOTAL One District Reviewed for Renewal: October 13, 1993 Eastham Six Additions: December 8, 1993 Eastham Addition I April 14, 1993 Kinloch Addition II November 17, 1993 Kinloch Addition III November 14, 1993 Moorman's River Addition IV November 14, 1993 Sugar Hollow Addition II November 17, 1993 Sugar Hollow Additon III TOTAL 2 870.42 acres 270.48 acres 1,140.90 acres 587.30 acres 137.19 acres 34.17 acres 3.81 acres 170.45 acres 1,524.32 acres 55.79 acres 1,925.73 acres .' · Capital Improvements Program - The Commission reviewed project requests for the FY94-95 to the FY98-99 Capital Improvements Program. The Board of Supervisors approved 38 projects for funding in the first year of the CIP at a cost of $3,228,4 50. · Comprehensive Plan Amendments - The Commission reviewed six Comprehensive Plan amendments during 1993. Four amendments were recommended for approval and two were recommended for denial. CPA-93-01 Schuyler Growth Area (denied); CP A-93-02 Economic Development Policy; CPA-93-03 Rural Service Center (denied); CPA-93-04 Solid Waste Element of The Community Facilities Plan; CP A-93-05 Mill Creek Commercial; CPA-93-06 Neighborhood Three Study. · Review for compliance with the Comprehensive Plan - The Commission reviewed one public project for compliance with the Comprehensive Plan under Virginia Code Section 15.1.456. This project was: -Oak Hill Subdivision and Sputhwood Mobile Home Park Extension - Take over private water distribution system. This proposal was found to be in compliance with the Plan. · The Commission also granted administrative approval to the Department of Planning and Community Development for review for Compliance with the Comprehensive Plan for proposed water and sewer projects within the County's Growth Area. During the reminder of the year, one project (Northfields Sanitary Sewer) was administratively approved. 3 11·> . V. ACTION SUMMARY The number of actions considered by the Commission during 1993 and in each of the previous four years is shown by category in the following table. Consent agenda items are listed separately. Comprehensive Plan Amendments 6 6 2 5 4 Zoning Text Amendments 4 8 9 9 17 Subdivision Ordinance Amendments 0 0 1 0 3 Comprehensive Plan Compliance 1 7 5 2 5 Reviews Zoning Map Amendments 18 12 19 23 23 Special Use Permits 38 55 67 63 65 Preliminary Site Plans 12 20 25 21 32 Final Site Plans 0 1 5 2 1 Preliminary Plats 4 14 15 21 24 Final Plats 0 1 3 3 5 Site Plan Extensions 0 0 2 8 1 Site Plan Waivers 1 3 0 0 1 Site Plan Amendments 8 4 12 9 6 Final Plat Extensions 0 0 0 2 4 Subdivision Waiver 2 0 3 0 1 Agricultural/F orestal Districts 10 2 4 5 4 Preliminary Site Plans 0 0 0 2 3 Final Site Plans 0 2 5 4 6 Preliminary Plats 0 0 2 2 5 Final Plats 0 2 2 2 2 Agricultural/F orestal Districts 8 4 2 5 5 (Referral of application) 4 ~> . VI. OTHER PLANNING ACTIVITIES The Commission discussed a number of immediate and long-range planning issues in 1993. Worksessions, typically of 1.5 - 2 hours duration, held in addition to regular items to address the following: Housing Committee Report - Accessory Apartments - Economic Development Policy - Rural Service Center Concept and Application in Schuyler - Neighborhood Three Study - ARB Final Guidelines - Questions and Comments - Solid Waste Plan - CIP - Meadow Creek Parkway - Subdivision Ordinance VII. PLANNING ACTIVITIES FOR 1994: - Five year review of the Comprehensive Plan. These activities are over and above the normal case workload and annual projects. ------------------------------ A:\PC93.RPT 5 , COMMONWEALTH of VIRGINIA DAVID R. GEHR COMMISSIONER DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND,23219 JACK HODGE CHIEF ENGINEER December 16, 1994 Mr. Walter F. Perkins Chairman, Albemarle County Board of Supervisors 410 McIntire Road Charlottesville, Virginia 22902-4596 Dear Mr. Perkins: Enclosed for your information are the comments from the October 26, 1994 citizens information meeting regarding the Route 29 interchange design. If you care to make comments please send them to me by January 13. The Commonwealth Transportation Board has placed this item on its Workshop agenda and Board meeting scheduled for January 18 and January 19, 1995, respectively. Sincerely, 'C:.. _ =- ,-ê' _ =-\... . ~ Çö.r J. S. Hodge -- Chief Engineer cc: Mr. Robert W. Tucker, Jr., County Executive TRANSPORTATION FOR THE 21ST CENTURY COMMONWEALTH of VIRGINIA DAVID R. GEHR COMMISSIONER DEPARTMENT OF TRANSPORTATION 1401 EAST BROAD STREET RICHMOND. 23219 December 13, 1994 JAMES S. GIVENS STATE SECONDARY ROADS ENGINEER Secondary System Addition Albemarle County Board of Supervisors County of Albemarle 401 McIntire Road Charlottesville, VA 22901 MEMBERS OF THE BOARD: Pursuant to authority delegated by the Commissioner, the following addi- tion to the secondary system of state highways, as requested by your resolution of September 21, 1994 is approved, effective December 13, 1994. ADDITION LENGTH CROZET CROSSING Route 1226 (Cling Lane) - From Route 1207 to 0.42 mile South- east Route 1207 0.42 Mi Sincerely, '. S. Givens Secondary Roads Engineer c (' ~ ? (/ VL-\.- :-L" ). . J l (ú...All; iI' () . T t-Lc ¿¿_ í t/f~iR/ "ì) TRANSPORTATION FOR THE 21ST CENTURY ", COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA ITEM: Community Development Block Grant Public Hearing AGENDA DATE: December 21, 1994 ITEM NUMBER: q tf, ( d,,;). /, 7'1 f? ACTION: X INFORMATION: SUBJECTIPROPOSAUREOUEST: It is required that a meeting be held to solicit public input regarding potential projects to be funded through a Virginia Community Development Block Grant CONSENT AGENDA: ACTION: INFORMATION: ATIACHMENTS: STAFF CONTACT(S): Messrs. Tucker & Benish REVIEWED BY: BACKGROUND: The Virginia Department of Housing and Community Development administers the federally-funded Community Development Block Grant Program (CDBG). These funds are available to localities, on a competitive basis, to implement a wide variety of housing and community improvement projects. Prior to submission of an application for CDBG funding, a hearing must be held to solicit public input on community development and housing needs in the County. DISCUSSION: The attached staff report provides some potential projects which could be funded through the CDBG program. Also provided is a description of the past use of funds, information on the amount of funds available, the requirements on benefit to low- and moderate-income persons, eligible activities and plans to minimize displacement. RECOMMENDA TION: After receiving public comment, it is recommended that the Board of Supervisors indicate which project, if any, will be submitted to the Virginia Department of Housing and Community Development for CDBG funding. 94.191 " Alternative Albemarle County Proiects For Consideration of Vir2inia Community Development Block Grant Fundine The goal of the Virginia Community Block Grant Program (VCDBG) is to improve the economic and physical environment in Virginia's communities and neighborhoods, benefiting persons of low and moderate-income, preventing and eliminating slums and blight, and meeting urgent community development needs posing a serious and immediate threat to the health, safety and welfare of Virginia citizens. There are fourteen (14) broad project types which may be considered for grant application in the VCDBG program. Two types of grants will be funded including: 1. Community Improvement Grants - $19,373,435 is available for the acquisition, construction, reconstruction, relocation, installation, and development of economic development, housing, community facility or community services facilities projects. 2. Planning Grants - An amount up to two (2) percent of available CDBG money ($262,500) is reserved for Planning Grants. These grants allow localities to develop needs assessments and effective strategies for solving local community development problems with emphasis on the needs of low- and moderate income persons. Virtually all CDBG applications must demonstrate that the project provides primary benefit to low-and moderate income persons. Low to moderate persons are defined as individuals whose family income is less than 80% of the median family income for like size families within the same area. Such VCDBG proposal must demonstrate that: (1) 51 % or more of project beneficiaries are low and moderate income residents, or, (2) the project serves an area where 51 % or more of residents are low and moderate income, or, (3) 51 % or more of the jobs created are available to low and moderate income residents. Documentation of benefit to low and moderate income persons must be provided by one of four methodologies: (1) participation in the project is limited to low and moderate income persons based on eligibility criteria, or (2) the project facility is 1 designed for use by protected groups, or, (3) the project service area eligibility is based on low/moderate income data from the 1990 U.S. Census, or (4) an income survey for the project servIce area. The following is a list of VCDBG eligible projects that have been identified for Albemarle County by the Planning staff. The only request for County sponsorship that has been received to date is from the Albemarle Housing Improvement Program (AHIP). Project 1: Housin2 Rehabilitation-Albemarle Housin2 Improvement Proeram (AHIP). Proiect Description: A rehabilitation housing grant would focus on upgrading substandard owner occupied and/or rental units. AHIP received a Community Improvement Grant in 1991; activities funded under that grant were completed by June 30, 1994. Thirty-six housing units were rehabilitated. Securing additional funding under this program will permit AHIP to continue housing rehabilitation efforts in the County. A multi-year housing rehabilitation grant will be requested which will provide up to $1,000,000. LowlModerate Income Benefit: All AHIP projects recipients must be low and moderate income persons. AHIP maintains a waiting list of qualified individuals and families in need of housing rehabilitation. The current waiting list exceeds 200 applicants. Relative Priorities: Repair and maintenance of the County's housing stock is a high priority as evidenced in the Comprehensive Plan, past CDBG projects, the social program review funding allocations in the Housing Strategic Plan. The Albemarle Housing Committee has also identified housing rehabilitation as a primary housing need in the County. The County has also indicated its support of housing rehabilitation programs through the regional Comprehensive Housing Affordability Strategy. Housing Rehabilitation is listed in the highest priority group for the region CDBG priorities developed annually by the Planning District Commission. 2 Additional Proiect Funding Sources: 1. County administrative funding for AHIP. 2. Charlottesville Housing Foundation low-interest loan program for housing rehabilitation. 3. HOME funds through the regional HOME consortium. 4. Grant and loan funds will be sought through the Farmers Home Administration" the U.S. Department of Health and Human Services and the Virginia Housing Partnership Fund. Other Information: AHIP has a comprehensive program of housing rehabilitation for qualified County residents. AHIP has received Community Improvement Grants in 1987 and 1991 but has not been successful in obtaining funding in subsequent rounds. These funds represent the largest source of housing rehabilitation monies available to the County and additional awards will be necessary to continue this housing program. Project 2: Crozet Community Improvements. Proiect Description: This improvement project for the Community of Crozet could be designed as multi-purpose grant for: · Housing Rehabilitation (51 % - 80% of total grant) · Sewer line and lateral extension 3 · Community facility improvements (sidewalk, flood and storm drainage facilities.) Low/Moderate Income Benefit: An income survey would need to be performed to determine qualifying target areas for such a project. Relative Priorities: Residential improvement projects would rank in the highest priority group according to last year's state and regional priorities. Other Information: Crozet is designated as a growth area in the County Comprehensive Plan. It is important to not only encourage growth there, but also maintain the quality of the existing community for the benefit of its residents. Such improvements could encourage further investment and growth in the community. A needs assessment would have to been conducted to determine specific improvement needs and benefits to low and moderate income families. The limited time frame for application submittal at this time may be prohibitive. This project does hold promise for future requests. The Planning staff has completed a draft neighborhood plan for Crozet. This Plan is now under review by the Board of Supervisors. Implementing recommendations of this plan could be addressed through a CDBG project. These include recommendations to (1) improve housing conditions in the Crozet area, (2) upgrade sidewalk facilities including current hazardous situation of pedestrians and of railroad crossings downtown; (3) storm drainage problems and streetscaping improvements. A Planning Grant could be pursued for project analysis and development in lieu of a Community Improvement Grant (CIG). This would improve the opportunity for making application for a construction grant next year. Proiect 3: A2:ricuItural CenterIFarmer's Market Proiect Description: Purchase and develop a facility to serve as an agricultural center including 4 use as a farmer's market to accommodate local farmers to market their goods to the public. Other uses of this facility may include the option of allowing farmers to sell wholesale to local retail businesses, and/or incorporating a produce packing area for commercial distribution. An agricultural center would serve to support and encourage agricultural related activities as well as to draw other economic/tourist activities to the County. LowlModerate Income Benefit: An income survey would likely need to be conducted to document a 51 % benefit to low/moderate income persons. It is widely known that the cost of land and farm production expenses are generally not recovered from the sales of agricultural products. This cost-benefit disparity is especially great for cropland farmers. The enhancement of a marketplace for local products may encourage: · A diversification of the agricultural economy and related industries · New jobs in the sector · Retention of existing jobs and farm operations Wages paid in Albemarle County in the agricultural sector (as reported by Virginia Employment Commission) are 84.5% of the average for Virginia. However, it may be difficult to verify primary benefit to low/moderate income persons with this project. Relative Priorities: "Other economic activities" would rank in the lowest priority group of state priorities and next to higheSt priority group for regional priorities based on last year's ranking. Other Information: Due to difficulty in identifying benefit to low and moderate income individuals and its ranking based on state and local priorities, this project holds marginal opportunity for funding at this time. The Agricultural/Forestal Industries Support Committee has recommended the County support farmer's markets as a direct marketing strategy for local farmers and suggested that providing additional farmer's markets could better serve the public and farmers. This project may hold promise for future requests. 5 Project 4: Community Center - Whitewood Road/Commonwealth Drive area. Proiect Description: Development of a community center to provide indoor recreational and multi-purpose rooms for educationaVtrainingloutreach programs. The area within the RiolHydraulic Road loop (Neighborhood 1) is the highest density residential area of the County consisting of numerous apartment and townhouse developments which provide a significant portion of the County's housing opportunities for low and moderate income households. This project could be oriented most directly to serve Whitewood Village apartments, a Section 8 housing project on Whitewood Road. LowlModerate Income Benefit: An income survey would need to be performed to determine if the target area qualifies under the CDBG requirements. Relative Priorities: Other Information: The County Department of Parks and Recreation currently operates two community facilities in Greenwood and in Scottsville. There is no community center operated in the Urban Area. While school facilities generally are available for meeting purposes and limited indoor recreation opportunities, they do not allow the flexibility and range of recreation and service opportunities which can be provided in a separate facility. Leased space, renovation or new construction are feasible alternatives in this area. This project is a good candidate for a planning grant. SUMMARY: It is not anticipated, at this point, that any of the projects listed above will necessitate displacement of County residents. The County's use of VCDBG funds over the last five years has been dedicated to housing rehabilitation projects either through the Thomas Jefferson Housing 6 Improvement Corporation or AHIP and, most recently, to the development of the new affordable housing construction. The VCDBG citizen participation process requires that the Board of Supervisors, at this public hearing, receive comments form the public before making a decision on which project, if any, it wishes to pursue for funding. Staff is prepare to provide its priorities and recommendations following the close of the public hearing. GRANT.WP 94.191-A 7 DATE D~ 2( I /97 cj AGENDA ITEM NO. t)f /2 d. r, 717 AGENDA ITEM NAME ZIY/A--9<!---¡tf i¥[~ DEFERRED UNTIL J, J- ç Form. 3 7/25/86 . ... , 12 -/{;, ~l'l 9c.fí 122( 7 ~ò i .. COUNTY OF ALBEMARLE Dept. of Planning & Community Development 401 Mcintire Road Charlottesville, Virginia 22902-4596 (804) 296-5823 December 2, 1994 James & Becky Johnston Rt. 4, Box 169 Charlottesville, V A 22901 RE: SP-94-25 James and Becky Johnston Tax Map 47, Parcel 8 Dear Mr. & Mrs. Johnston: The Albemarle County Planning Commission, at its meeting on November 29, 1994, unanimously recommended approval of the above-noted petition to the Board of Supervisors. Please note that this approval is subject to the following conditions: 1. Approval is restricted to eight nine lots of not k~g th.fift [¡'/t; fiCrCg per lot. (In addition to the ffirm pareel preservation tract). 2. No further subdivision rights on the 110.4 acres of land. 3. i\.pproYfil ig tied to map prt;gclÜt;d by th.c applicfiftt marked, "received Oft July 26, 1984 by th.c Platlfiiftg Commiggion." 3. Division of Tax Map 47. Parcel 8 shall be permitted only as part of a Rural Preservation Development which includes Tax Map 47. Parcels 8. 8A and 9. Such development shall result in the combination of the three parcels to allow the creation of one new development lot and one preservation tract. The total acreage devoted to the development lot shall not exceed 6 acres and the Preservation Tract shall not be less than Page 2 December 2, 1994 " 63.55 acres. The building site shown on the Preservation Tract may be allowed as a development lot provided that the balance of the Preservation Tract is added to Lots 8B. 8C. 8E. 8F. 80. 8H. 81. or the development lot authorized by this permit resulting in a Preservation Tract with a minimum acreage of63.55 acres. This provision allows for transfer of the RPT acreage to only one of the aforementioned lots. 4. Thc ncw dcvelopmcnt lot 3hall bc adjaccnt to Parcel 8C flfid accc33cd by thc intcrnal road nct'vvork. 2.. Any plat submitted for a Rural Preservation Development shall be reviewed under the administrative review procedures and no separate action by the Planning Commission shall be required for the creation of a Rural Preservation Development unless review by the Planning Commission is required pursuant to the administrative review procedures. .6. Only one additional dwelling shall be allowed in the area of Parcel 8. Such additional dwelling shall be permitted only after approval of a Rural Preservation Development approved in accord with this permit on the Preservation Tract. Please be advised that the Albemarle County Board of Supervisors will review this petition and receive public comment at their meeting on December 21. 1994. Any new or additional information regarding your application must be submitted to the Clerk of the Board of Supervisors at least seven days prior to your scheduled hearing date. If you should have any questions or comments regarding the above noted action, please do not hesitate to contact me. Sincerely, ./Î / h..~._.r .f/.>~/ NU.( c-----( ;{:L- William D. Fritz Senior Planner WDF/jcw cc: Ella Carey Amelia McCulley e .. e e STAFF PERSON: WILLIAM D. FRITZ PLANNING COMMISSION: NOVEMBER 1,1994 BOARD OF SUPERVISORS: NOVEMBER 16, 1994 SP 94-25 JAMES AND BECKY JOHNSTON Petition: James and Becky Johnston petition the Board of Supervisors to amend SP 84-38 to pennit the further division ofa lot. Property, described as Tax Map 47, Parcel 8, is located on the east side of Route 649 about 1/2 mile southeast of the intersection of Route 649 and Rt. 643 in the Rivanna Magisterial District. Property consists of 67.485 acres zoned RA, Rural Areas. This site is not located in a designated growth area. (Rural Area 2). Character of the Area: This property is largely open with two dwelling units. Several smaller properties with dwellings are located in the area. The North Fork Rivanna River fonns the eastern boundary of this property. Access is from a private road intersecting Route 649. Applicant's Proposal: The applicant proposes to amend the conditions ofSP 84-38 to allow further division of the "farm tract" as part of a Rural Preservation Development. The applicant has provided a description and justification for this request which is included as Attachment C. The reallocation of development potential, approved with SP 84-38, utilized all of the development potential of the parent tract. This request is to include two parcels owned by the applicant into the overall development. Those two parcels are known as Tax Map 47, Parcels 8A and 9. These parcels were not included in the area covered by SP-84-38. With the addition of these two parcels the applicant proposes to redivide the property in a Rural Preservation Development. Development will not exceed the total existing development rights available from the combination of Parcels 8, 8A and 9. Both parcels 8A and 9 appear developable (one dwelling unit each). The proposal would combine these parcels with Parcel 8, which currently has two dwellings and allow the creation of a new development lot. RECOMMENDATION: Staffhas reviewed this request for compliance with Section 31.2.4.1 ofthe Zoning Ordinance and the intent of SP 84-38 and recommends approval. 1 e . e e Plan nine and Zonine History: August 1, 1984 - SP 84-38 was approved allowing the current development. August 8, 1985 - Lots 1 and 2 were signed. (The Planning Commission granted approval on October 30, 1984). October 26, 1987 - Lots 3-8 were signed. This plat was resigned on January 12, 1988. February 23, 1988 - Plat signed shifting the property line between lots 4 and 5. February 20, 1991 - SP 90-101 was approved. This was a request for a commercial stable. (This use is not in operation and the pennit has expired.) June 9, 1993 - SP 93-11 was denied. This was a request for an development right. additional Comprehensive Plan: This site is located in the Rural Areas of the Comprehensive Plan. The Comprehensive Plan (Open Space Plan) notes the North Fork Rivanna as a major stream valley with associated flood plain. No other features are identified in the Open Space Plan. That portion of the Comprehensive Plan addressing Rural Preservation development is included as Attachment D. STAFF COMMENT: The conditions ofSP 84-38 are included as Attachment E. The intent of SP 84-38 was to allow utilization of the development potential of the property while maintaining a large residue which could not be further divided. This approach is no longer available by special use pennit, but is available under the Rural Preservation Development option (which was not available in 1984 when the original special use pennit was applied for). Therefore, the current request is consistent with the intent of SP 84-38 which essentially pennitted development similar to that now available under Rural Preservation Development. Staff has reviewed this request under the provisions of Section 31.2.4.1, which governs all special use pennits. Section 10.3.3.2, which governs Rural Preservation Development, was also reviewed to provide supplemental infonnation as to the character of development proposed. 2 e Section 31.2.4.1 Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance. The Board of Supervisors hereby reserves unto· itself the ri~ht to issue all special use permits permitted hereunder. Special use permits for uses as provided in this ordinance may be issued u,pon a findin~ by the Board of Su,pervisors that such use will not be of substantial detriment to adiacent property. The approval of this request will not result in an increase in the number of lots and all requirements of the Zoning and Subdivision Ordinance must be met. The new development lot will be "clustered" with the previously approved lots in Fall Fields and access will be over the existing road network. Therefore, staff opinion is that this request will not be of substantial detriment of adjacent property. that the character of the district will not be chanf:ed thereby. This request will not result in an increase in the number of lots. The large residue acreage will become a Rural Preservation Tract with an easement held by the County. This will ensure that the character of the district does not change. e and that such use will be in harmony with the pu{pose and intent of this ordinance. This request is to permit the creation of a Rural Preservation Tract. This method of development was added to the Zoning Ordinance in order to further the recommendations of the Comprehensive Plan. (See analysis under Section 10.3.3.2 later in this report). Compliance with the Comprehensive Plan is included as one of the stated intents of the ordinance. Therefore, this request may be considered consistent with the purpose and intent of the ordinance. with the uses permitted by-rif:ht in the district. This request will permit reconfiguration of development potential. No inconsistency with by-right uses can be identified. with additional ref:ulations provided in Section 5.0 of this ordinance. Section 5.0 contains no additional regulations. Staff will address the provisions of Section 10.3.3.2 which address Rural Preservation developments for supplemental information. and with the public health. safety and general welfare. Should this request be approved a subdivision plat will be required. Approval of the plat which conforms to the Subdivision and Zoning ordinances will ensure the public health, safety and e general welfare. 3 e e e Section 10.3.3.2 Attachment C contains infonnation submitted by the applicant. This infonnation is intended to address the provisions of Section 10.3.3.2 (Attachment F). Section 10.3.3.2 states in part: "The rural preservation development option is intended to encourage more effective land usage in tenns of the goals and objectives for the rural areas as set forth in the comprehensive plan than can be achieved under conventional development. To this end, application for rural preservation development shall be reviewed for: a. Preservation of agricultural and forestall lands and activities; b. Water supply protection; and/or c. Conservation of natural scenic or historic resources." Staff has reviewed the soils map for Albemarle County. Some of the soils have limitations for agriculture. However, the majority of the site is currently in pasture. The land enjoys land use value taxation. This property is not located within the watershed of any drinking water impoundment. That area located adjacent to the North Fork of the Rivanna River would be included in the Preservation Tract which would be protected by an easement. The Open Space Plan does not identify any natural scenic or historic resources on this site other than the North Fork Rivanna stream valley. Staff opinion is that utilization of the Rural Preservation development option will allow for additional protection for the current fann tract. Therefore, this request complies with the intent of the design standards as stated above. Section 10.3.3.2 does contain additional standards. No plat of development has been submitted however a conceptual plat has been submitted to aid staff review. Based on this conceptual plat, staff can offer the following comments intended to address the remaining provisions of Section 10.3.3.2 (staff will address these items with reference to the listing in the ordinance): d. No prime, important or unique soils are found on this site. e. No encroachment into the floodplain is proposed. This site is not in a watershed of a drinking water impoundment. f. No features of importance to the general public are identified by the Open Space plan on this or adjacent property. g. The proposed redesign of the development will fit into the existing pattern of development on the property. This request removes two small lots along Rt. 649 which otherwise could be developed as they currently exist. Creating one new development lot internal and adjacent to the existing Fall Fields subdivision. 4 e . e e h. Access will be over the existing internal road. SUMMARY: The initial special use pennit allowed a pattern of development similar to that pennitted by the provisions of the Rural Preservation Development option. Staff has reviewed the previous approvals and the current request to detennine consistency with the requirements of the ordinance. With conditions all requirements of the Rural Preservation Development option can be met. Staff opinion is that this request is consistent with the provisions of Section 31.2.4.1 and 10.3.3.2 of the ordinance. In addition this request is in hannony with the original intent ofSP 84-38 and therefore, staff is able to support this request subject to the following conditions. Recommended Conditions of approval: 1. Approval is restricted to eight !lÌill! lots of ft6t less dum. ft've at:rt:s l'e1 lot. (In addition to the fð:l'ft1l'areel preservation tracÜ. 2. . No further subdivision rights on the 110.4 acres ofland. 3. fì.l'fJf6-¡ttl Í3 tied t6 mal' l'rt:st?ftted by the ftl't'lieant marked, "received 6ft Jtlly 26, 1984 b)" the Plarmiftg C6mmissi6n. II 3. Division of Tax Map 47, Parce18 shall be pennitted only as part of a Rural Preservation Development which includes Tax Map 47, Parcels 8, 8A and 9. Such development shall result in the combination of the three parcels to allow the creation .of one new development lot and one preservation tract. The total acreage devoted to the development lot shall not exceed 6 acres and the Preservation Tract shall not be less than 63.55 acres. 4. The new development lot shall be adjacent to Parcel 8C and accessed by the internal road network. 5. Any plat submitted for a Rural Preservation Development shall be reviewed under the administrative review procedures and no separate action by the Planning Commission shall be required for the creation of a Rural Preservation Development unless review by the Planning Commission is requi:r:ed pursuant to the administrative review procedures. 5 e . e e 6. No additional dwelling shall be allowed on the Preservation Tract. Only the two existing dwellings shall be permitted. ---------------- ATTACHMENTS: A - Location Map B - Tax Map C - Applicant's Infonnation D - Provisions of Comprehensive Plan E - Conditions of SP-84-38 F - Section 10.3.3.2 of the Zoning Ordinance G - Sketch of Proposed Development 6 u'" 1. " \ ;A "\ . \\. .~ð' ~ ./ ... .... t... ..... -·:7-~ ø' ~' 0,. .. IillJ ,-~~"~ ~ , '\ \. -' , '" l; ~ ,¡-",. ~ o c., . 'a- ngl.'own (. i~ :¡ '" -.- ~, .. .. .. .. <q, , , ~~ r7i"?f" , \ f' fJ) "" ~ ~ j I. / ~ ~ ~ e ( \ 2 '\ \ \\ t \ "~~ l---J-. . ~\--:¡:L ' >~' í-t"\; Y.",~<;. '".;,:/ .- ~/* .'" , .-. -::: - ~ ~,./ ALBEMARLE COUNTY 33 {ATTACHMENT BJ :ý 29 ... - SCALE IN FEET - - .... , RIVANNA DISTRICT SECTION L ¿ I ATTACHMENT C' , 1 " /. i r' e James D. Johnston Route 4, Box 169, Charlottesville, VA. 22901 (804) 973-5726 ._...~ I' \ . . ~ 10/2/94 Department of Planning & Community Development, County of Albemarle, 401 Mcintire Road, Charlottesville, VA 22902-4596 RE: SP 94-25 - Johnston Dear Albemarle County Planners: e My wife, Becky White Johnston, and I are pleased to comply with your request for us to make as clear as possible our objectives in applying to the County for permission to set up a Rural Preservation Development comprising the bulk of the Residue of our farm, "The Fall Fields", 60-odd acres in the Rivanna District, bordering Proffit Road. In doing so we mean to address the provisions of Section 10.3.3.2. I trust the following brief historical narrative account will serve that purpose. 1. It has been our aim in the years since 1950 when we bought the farm and moved onto this land, to be proper stewards, to care for and preserve its resources of land and water, and its rewarding qualities of rural peace and tranquillity. We have sought and have applied, to the best of our ability, planning and management recommendations of the U.S. Soil Conservation Service, the Virginia Extension Service, and the Virginia Division of Forestry. 2. We were able to rear three children in this wholesome atmosphere. However, our income from farming and managed forestry was inadequate. Fortunately, we already had a second string to our bow. 3. In the past decade, the demands on us for time and funds to further our major non-farming interest, the making of films(see inclosed documents ) have become greater and greater. Our principal material asset was our land. It was suggested that we subdivide a portion of the farm. Not a happy option, but necessary. Our dilemma: how could we subdivide our homeplace in order to generate working capital without losing the very qualities which led us to live here in the first place. 4. We had, under existing regulations, certain vested rights to e I ATTACHMENT C II Page 21 e Albemårle Planning Commission 2 e subdivide our property. But the conventional wisdom of the time, the early '80s, would have been to cut out 2 acres lots from easily accessed fertile, arable land, some of the best agricultural land we owned. Not only did this seem unwise to us, but we thought the resulting sites themselves would be less desirable. Not just less attractive to buyers, but also less satisfying home sites. Why move to the country? We hoped that home-owners, our new neighbors, could share privacy and space, trees, ponds, views, and enjoy the natural beauties that we had always valued. 5. After hiring the best planner we could find, and at considerable additional investment of time and money, we approached the County with an unconventional plan which was eventually approved in 1984 under a special use permit, SP 84-38. It is this SP we are now asking you to amend to allow a Rural Preservation Development, an alternative not available to us in 1984. 6. In point of fact, the design standards which you established (in 10.3.3.2): perservation of agricultural and forestal lands, water supply protection, and conservation of natural, scenic and historic resources are the very same criteria which we sought to meet in our 1984 proposal. Our aim and intent has never changed. 7. Why are we now requesting to County to allow us to do what we in effect claim already to have done? Our reasons are: a) We would like to remain at The Fall Fields, our home for 44 years, for the remainder of our lives, health permitting. b) We are older and less able to care properly for 60-odd acres. For that reason we would like to retain for our use only 5/6 acres ± around our residence, as our home. c) The subdivision plan we instituted in 1984 was not a successful solution to our financial needs. The costs exceeded returns. The road in particular was ruinously expensive. As an investment, to supply us working capital, the subdivision was a regrettable mistake. d) We still have what we consider socially significant film projects in the works which require additional working capital. We hope to pursue those aims. We must again use our land to do so. f) As we understand it from our discussions with the planning advisers, the amendment we are requesting would allow us to set up a Rural Preservation Development of some 60-odd acres, comprising the balance of the farm, minus our homesite. We could then offer the Residue e I ATTACHMENT C II Page 31 e Albemarle Planning Commission 3 for sale, subject to the no-development restrictions of the RPD. A buyer would be allowed to build one house only on the RPD land. In addition by incorporating the two small tracts situated at the entrance to the property into the whole, we could then use the division right attached to offer one more desirable housing site elsewhere on the property. Those are our reasons for coming before you again. As you can see from the account above, we have no plans which would run counter to the specifics set forth in 10.3.3.2" · No lots would encroach on the soils you are seeking to protect. · No lots would encroach on critical slopes or flood plains. · No lots would devalue historic or scenic settings. · No lots will impinge on the preservation tract. · All lots will have access restricted to an internal street. I hope this information is adequate to clarify our request for your consideration. If there are any questions, please contact me at your earliest convenience. Thank you. e Yours truly ':j / . / \ .J', . ,~- '/11 . 1/ \., .>! 'I l' ~ (, . /.'1. .(, . / James D. Johnston. Attachment: Plat with notations. VFDC and Observer documents. e I ATTACHMENT C I ¡Page 4\ e Description of Requestl We request an amendment to SP 84-38 permitting us to combine the following properties we now own into a Rural Preservation Develop!~entl 1) Tax Map 47, Parcel 8 -- 67.48 acres 2) Tax Map 47, Parcel 9 -- 2.0247 acres 3) Tax Map 47, Parcel 8A -- 0.4776 acres We are told by the County Planners that combininv these parcels would allow creation of a preservation tract of not lees than 58.50246 acres, and a development lot of not greater than 11.05 acres. If the amendment is granted we will then be. able to take the next step-- requesting permission for creation of a Rural Preservatic Development as described in Section 10.3.3 of the Zoning Ordinance. e Justification I We have lived on this land, a beautiful small segment of Albemarle County, for almost half a century -- 44 years -- and have always cared for it to the best of our ability. Throughout our stewardship we have applied the best conser- vation practices within our means, protecting fields, wood- lands,and watersheds. When in 1984 it became nece..ary, for economic reasons, for us to request permission of the county to subdivide the property, we went to considerable effort to design a sub- division which would preserve the character of the land, and its agricultural potential. At the same time we sought to vive lot purchasers privacy and rural beauty. This effort resulted in approval of the Fall Fields subdivision, under Special Use Permit SP 84-38. e We now have obligations which make it purdent for reduce our land holding. We would like to remain we have loved and cared for as long as possible. like to have it protected after we are gone. If we are granted your permission to seek an RPD, we would be able to retain our home site, some 5-6 acres+, where we will continue to reside. And at the same time we-could offer for sale the residue, with the assurance it would not be mistreated. us to seek to on the land And we would e which do not increase the total number of lots. - Prioritize and weight the criteria to pro- mote development which is located and designed in accordance with the four major elements of the Rural Areas. - Eliminate special use permits for addi- tional lots on parcels within a water supply watershed. - Permit changes in lot size and rearrange- ment of lots on multiple parcels only if the applicant can demonstrate that the new arrangement is clearly superior be- cause it provides an environmental or public benefit. e A possible enhancement to the special use process is the use of the Land Evaluation and Site Assessment system. The LESA system was developed by the Soil Conservation Service in order to assist localities in evaluating the importance of agricultural land. 1l1e LESA system is comprised of two parts: a land evalua- tion part which utilizes the soil survey information, and the site assessment part which rates the long term agricultural viability based on non-soil factors. Many of the existing special use permit criteria for the Rural Areas zoning district are the type of information util- ized in the site assessment portion of the LESA. The advantage of LESA is that it could allow for a more sys- tematic method of reviewing a proposal, with the cri- teria chosen and weighted based on their relative importance. This system could allow for a more comprehensive review of the suitability of the land for agricul- tural/forestal uses than is currently undertaken. The choice of an appropriate index crop is important; in a largely forage-based agricultural area such as Albe- marle, hay may be a more appropriate indicator crop than corn which is typically used. A forestal index crop may also be determined. This system could also pro- vide an additional resource for other planning efforts. STRATEGY: · Study the LESA system as a possible en- hancement to the special use permit process. This evaluation should be done in conjunction with the review of the special use permit criteria. e I ATTACHMENT D I RESIDENTIAL SUBDMSION The following three strategies are considered as a package, rather than as individual strategies. As such, they are intended to alter the current rural residential subdivision allowances to bener reflect the long stand- ing Rural Area land use priorities. STRATEGY: . Maintain the five development rights as im- plemented in 1980. Development rights are intended as a method to prohibit, in all but exceptional circumstances, large scale rural subdivision. At the same time, the property owner can derive income from the five small lots while maintaining a farm operation. Development right lots are also intended for family divisions. STRATEGY: · Maintain a minimum lot size of two acres and establish a maximum lot size and/or a maximum area of subdivision for develop- ment right lots in order to minimize potential farmland and forestal acreage lost to resi- dential development. Currently, no maximum development right lot size exists. A maximum lot size on development right lots is necessary to insure that the residue acreage remains as large as possible to support bona fide agricultural and forestal uses rather than being used up in homesites. STRATEGY: · Permit the option to develop additional development right lots in lieu of dividing the residue acreage into larger parcels, pro- vided the residue acreage is not developed nor further divided under conservation or open space easement or other similar per- petual restrictions. The additional lots shall be clustered on internal roads. As the purpose of the Rural Areas is to protect the viability of agricultural and forestal activities, and not just to preserve open space, then it follows that large residential lots are contrary to that purpose, even though they may be large enough to support some ag- ricultural uses. While fifteen to twenty acre parcels ini. tially provide a certain amount of open space, they also put pressure on adjacent farm owners to similarly 205 e develop their properties. Because the larger "homesites" are less valuable as agricultural land and more valuable as development land, they are prone to requests for further subdivisions. . The small lot option is intended to provide a land- owner with an alternative to subdividing a property into large parcels. In addition to the five development rights, the landowner could either divide the residue into minimum twenty-one acre parcels, or could have the option to earn one additional development right lot for each possible twenty-one acre parcel, provided an open space restriction is placed on all residue acreage not included in lots. The total number of addi- tional small lots permined would be limited by the number of minimum twenty-one acre parcels which could otherwise be approved for development. In order to avoid creating a parcel of open space on which no dwelling would be permitted, the first twenty-one acres of open space would be allowed one dwelling, but would not earn a development right lot, Thereafter, the additional open space dedicated with each additional development right lot created would be added to the first open space parcel. e The clustered lots and open space would be developed according to the following GENERAL STANDARDS for rural development: A. Clustered lots shall be developed in the least ob- trusive location: e Away from environmentally sensitive areas such as steep slopes and areas adjacent to water supply tributaries and impound- ments; Away from open fields and sufficiently screened in order to preserve open spaces, and to minimize visual impact· from public roads; and Away from prime, important or unique agri- culturaVforestal soils in order to preserve important agricultural/forestal lands. B. The open space shall be protected by a per- petual easement to be held jointly by Albemarle County and a qualifying second party. C. The maximum number of additional small'lots permitted shall be determined by the number of minimum twenty-one acre parcels which could otherwise be approved for development under the current zoning ordinance. Staff shall deter- mine to its reasonable satisfaction the physical capability of development. I ATTACHMENT D' I Page 21 D. A special use permit shall be required for cluster- ing more than twenty lots. E. Disturbed land area must not exceed the maxi- mum permissable cluster lot area. The advantages of the small lot option are: (1) acreage is preserved for agriculturaVforestal use and is not unnecessarily wasted in homesites¡ (2) the land- owner may derive economic benefit from lots and stilI continue agriculturaVforestal activities on open space; and, (3) the landowner does not have to develop steep or inaccessible land, but may use it as open space, and develop sinalllots on more suitable land. ornER ISSUES OBJECTIVE: In relation to residential development, agricultural/forestal activities shall be regulated only to protect public health and safety. Agricultural and forestal activities are considered "industries" which may produce offensive noise, odors, and dust. These effects are to be expected as an integral part of such operations and are not intended to be regulated for the benefit of adjacent residential developments, except to protect public health and safety, Virginia has "right to farm" legislation, (Code of Virginia Section 3.1-22.28) which protects agricultural operations in operation for more than one year from becoming a nuisance as the result of changed condi- tions in the locality, except if the nuisance results from negligent/improper operation or a significant change in the operation. OBJECTIVE: Do not allow residential development In the Rural Areas which requires central water and sewer systems. The coordination of land use planning and utility provision is essential to direct growth where it is desired. Albemarle County Service Authority juris- dictional area boundaries for public water and sewer should follow designated Growth Area boundaries. Densities in Growth Areas permit cost-effective and efficient provision of public utilities. Private central water and sewer systems in Rural Areas are a concern because they encourage inappro- priate growth and require the County to assume re- sponsibility should the systems fail or otherwise become a burden. (See also the Utilities section of this Chapter, page 141). 206 e e e , -. [ATTACHMENT E I ~,"\"'l OÙ C; OF ALa~A1 ........ ," ~J?(~ :§ ~ q DEPARTMENT of PLANNING and ·COMMUNITY DEVELOPMENT 401 Mcintire Road Charlotteavlll. VA 22901-4596 604 296-&623 August 7, 1984 James D. and Becky W. Johnston Route 4, Box 169 Charlottesville, Virginia 22901 RE: SP-84-38 E. I. Design Associates Dear Mr. & Mrs. Johnston: The Albemarle County Board of Supervisors, at its meeting on August 1, 1984, approved the above-noted petition subject to the following conditions: 1. Approval is restricted to eight lots of not less than five acres per lot. (In addition to the farm parcel) . 2. No further subdivision rights on the 110.4 acres of land. 3. Approval is tied to map presented by the applicant marked, "received on July 26, 1984 by the Planning Commission. II If you should have any questions, please contact me. Sincerely, JÆ79'Y~ Mary Joy Scala Senior Planner MJS/jcw cc: David Watson, E. I. Design, Assoc. Estelle Neher e e (I 10.3.1 10.3.2 10.3.3 I ATTACHMENT F I CONVENTIONAL DEVELOPMENT (Amended 11-8-89) Regulations in section 10.5 governing development by right shall apply .to the division of a parcel into five (5) or fewer lots of less than twenty-one (21) acres in area and to the location of five (5) or fewer dwelling units on any parcel in existence at the time of adoption of this ordinance (reference sections 1.3 and 6.5.3). The aggregate acreage devoted to such lots or development shall not exceed thirty- one (31) acres, except in such case where this aggregate acreage limitation is precluded by other provisions of this ordinance. The second sentence of this provision shall not be applicable to land divided between the effective date of this ordinance (reference sections 1.3 and 6.5.3) and November 8, 1989. (Amended 11-8-89; 9-9-92) In addition to the foregoing, there shall be permitted by right any division of land into parcels each of which shall be twenty-one (21) acres or more in area. No such parcel shall be included in deter- mining the number of parcels which may be created by right pursuant to section 10.3.1; provided that (a) no such division shall affect the number of parcels which may be divided pursuant to section 10.3.1; (b) there may be located not more than one (1) dwelling unit on any parcel created pursuant to this section; (c) at the time of any such divi- sion, the owner of the parcel so divided shall designate the number of parcels into which each parcel so divided may be further divided pursuant to section 10.3.1 together with aggregate acreage limitations in accordance with section 10.3.1; and (d) no such division shall increase the number of parcels which may be created pursuant to section 10.3.1. (Amended 9-9-92) RURAL PRESERVATION DEVELOPMENT (Added 11-8-89) 10.3.3.1 DEFINITIONS (Added 11-8-89) , The following definitions shall apply to any rural development created under the provision of section 10.0, district, RA: preservation rural areas a. Development Lot: A lot within a rural preservation development, other than a rural preservation tract, created for the purpose of residential or other permitted usage. b. Rural Preservation Development: A subdivision of land consisting of development lots together with a rural preservation tract. -92- (Supp. #68, 9-9-92) c. I ATTACHMENT F" Page 21 Rural Preservation Tract: A lot, the usage and diminishment of which is restricted and protected by legal arrangements to insure its maintenance and preservation for the purpose of: preservation of agricultural and forestal land and activity; water supply protection; and/or conservation of natural, scenic or historic resources. e 10.3.3.2 INTENT; DESIGN STANDARDS (Added 11-8-89) The rural preservation development option is intended to encourage more effective land usage in terms of· the goals and objectives for the rural areas as set forth in the comprehensive plan than can be achieved under conventional development. To this end, application for rural preserva- tion development shall be reviewed for: a. Preservation of agricultural and forestal lands and activities; b. Water supply protection; and/or c. Conservation of natural, scenic or historic resources. e More specifically, in· accordance with design standards of the comprehensive plan and where deemed reasonably practicaJ by the commission: . d. Devélopment lots shall not encroach into prime, impor- tant or unique agricultural or forestal soils as the same shall be shown on the most recen~ published maps . of' the United States Department of Agricultural Soil Conservation Service or other source deemed of equiva- lent reliability by the Soil conservation Service; e. Development lots shall not encroach into areas of critical slope or flood plain and shall be situated as far as possible from public drinking water supply tributaries and public drinking water supply impound- ments; f. Development lots shall be so situated and arranged as to preserve historic and scenic settings deemed to be of importance to the general public and natural resour areas whether such features are on the parcel to be developed or adjacent to such parcel; e g. Development lots shall be confined to one area of the parcel and shall be situated so that no portion of the rural preservation tract shall intrude between any development lots; All development lots shall have access restricted to ê internal street in accordance with Chapter 18 of the Code of Albemarle; h. -93- (Supp. #51, 11-8-89) i. e I ATTACHMENT F' I Page 31 'Nothing stated herein shall be deemed to obligate the commission to approve a rural preservation development upon finding in a particular case that such proposal does not forward the purposes of rural preservation development as set forth hereinabove and that the pUblic purpose to be served would be equally or better served by conventional development. 10.3.3.3 SPECIAL PROVISIONS (Added 11-8-89) In addition to design standards as set forth in section 10.3.3.2 and other regulation, the following special provi- sions shall apply to any rural pres~rvation development: a. e e The maximum number of lots within a rural preservation development shall be the same as may be achievable pursuant to section 10.3.1 and section 10.3.2 and other applicable law. Each rural preservation tract shall count as one (1) lot. In the case of any parcel of land which, prior to application for rural preservation development, has been made subject to a conservation, open space or other similar easement which restricts development on the parcel, the total number of lots available for rural preservation developmen~ shall not exceed the number available for conventional" develop~ ment as limited by any such_ previously imposed easement or .easements; b. Section lO.3.3.3.a notwithstanding, no rural preserv~ tion development shall contain more than twenty (20) development lots; except that the board of supervisors may authorize more than twenty (20) development lots by issuance of a special use permit pursuant to section 10.5.2; c. Provisions of section 10.3.3, rural preservation development, shall be applied to the entire parcel. Combination of conventional and rural preservation development within the parcel shall not be permitted, provided that the total number ~f lots achievable under section 10.3.1 and section 10.3.2 shall be permitted by authorization of more than one (1) rural preservation tract. Nothing contained. herein shall be deemed to preclude the commission from approving a rural preser- vation development for multiple tracts of adjoining land, or on land divided or otherwise altered prior to the effective date of this provision; provided that, it either case, the provisions of section 10.3.3 shall be applicable; The area devoted to development lots together with the area of roadway necessary to provide access to sucr lots shall not exceed the number of development 101 multiplied by a factor of six (6) expressed in acres; d. -94- (Supp. #51, 11-8-89) e e e I ATTACHMENT F II Page 41 _ e. No rural preservation development shall contain less than one (1) rural preservation tract. The commission may authorize more than one (1) rural preservation tract in a particular case pursuant to the various purposes of rural preservation development as set forth in section 10.3.3.2 or in accord with section 10.3.3.3.c, as the case may be; f. No rural preservation tract shall consist of less than forty (40) acres. Except as specifically permitted by the commission at time of establishment, not more than one (1) dwelling unit shall be located on any rural preservation tract or development' lot. No rural preservation tract shall be diminished in area. These restrictions shall be guaranteed by perpetual easement accruable to the County of Albemarle and the public recreational facility authority of Albemarle County in a form acceptable to the board. In accordance with Chapter 18 of the Code of Albemarle, the director of planning and community development shall serve as agent for the board of supervisors to accept such easement. Thereafter, such easement may be modified or abandoned only by mutual agreement of the grantees to the original agreement. 10.4 AREA AND BULK REGULATIONS I REQUIREMENTS DIVISIONS BY RIGHT DIVISIONS BY SPECIAL USE PERMIT (Amended 8-14-85) Gross Density 0.5 du/ac 0.5 du/ac Minimum lot size 2.0 acres 2.0 acres Minimum frontage existing public roads 250 feet 250 feet Minimum frontage internal public or private roads 150 feet 150 feet Yards, minimum: Front (existing public roads) 75 feet 75 feet Front (internal public or private road) 25 feet 25 feet (Amended 11-13-91) Side 25 feet 25 feet Rear 35 feet 35 feet Maximum structure height 35 feet 35 feet -95- (Supp. #63, 11-13-91) '. 1/1 /I ALBEMARLE COUNTY 32 - -------. fi.%.&~ PROPOSED PRESRVATION TRAcr \ '~, ............. './ ::":::"::!::::: ~ \1 .' 30 ,,~\ ~ ¡-~ ~ "'- - ~ -=:::-:: " - -....... "'- .~ ---... '\ 29 SECTION 47 ALBEMARLE COU~TY 33 ~- J 7f · - "\ - . :\ /')--;: ~ ~~~~ " ., ~ ~\... '\ ~ J )n ~ ( \ .- . PROPOSED DEVEDPMENT rm RIVANNA DISTRICT .... ...'- , SECTION 62 CHARLOTTESVILLE AND RIVANNA DISTRICTS SeAL[ IN ,ut ... "" ~' ,/ // / James D. Johnston Route 4, Box 169, Charlottesville, VA. 22901 (804) 973-5726 11/17/94 Department of Planning & Community Development, County of Albemarle, 401 McIntire Road, Charlottesville, VA 22902-4596 RE: SP 94-25 - Johnston - Revised applicjltion Dear Albemarle County Planners: My wife, Becky White Johnston, and I are pleased to comply with your request for us to make as clear as possible our objectives. in applying to the County for permission to set up a Rural Preservation Development comprising the bulk of the Residue of our farm, "The Fall Fields", now 60- odd acres in the Rivanna District, bordering Hwy 649, Proffit Road. In doing so we mean to address the provisions of Section 10.3.3.2. I trust the following brief historical narrative account will serve that purpose. 1. It has been our aim in the years since 1950 when we bought the farm and moved onto this land, to be proper stewards, to care for and preserve its resources of land and water, and its rewarding qualities of rural peace and tranquillity. We have sought and to the best of our ability have applied planning and management recommendations of the U.S. Soil Conservation Service, the Virginia Extension Service, and the Virginia Division of Forestry. 2. We reared three children in this wholesome atmosphere. However, our income from farming and managed forestry was inadequate to meet our needs. Fortunately, we had a second string to our bow. 3. In the past decade, the demands on us for time and funds to further our major non-farming interest, the making of filmsl, have become greater, and the anticipated returns have been slower in coming. Our principal material asset was our land. We could subdivide a portion of the farm. Not a happy option, but it seemed necessary. Our dilemma: how could Albemarle Planning Commission 2 we subdivide our homeplace in order to generate working capital without losing the very qualities which led us to live here in the first place? 4. We had, under regulations installed in 1980, certain vested rights to subdivide our property. But the conventional wisdom of the time was to cut out 2-acres lots from easily accessed land near the county road. This is fertile arable land, some of the best we own. Not only did this seem questionable landuse to us, but we thought the resulting sites themselves would be less desirable. Not just less attractive to buyers, but also less satisfying as home sites. Like living in town. We hoped that home-owners, our new neighbors, would be able to share privacy and space, trees, ponds, and views - enjoy the natural beauties that we had always valued. We decided to experiment. 5. After hiring the best planner we could find, and at considerable additional investment of time and money, we approached the County with an unconventional plan which was eventually approved in 1984 under a special use permit, SP 84-38. It is this SP we are now asking you to amend to allow a Rural Preservation Development, an alternative not available to us in 1984. 6. In discussions with County authorities in the past the question has been raised, whether we, the Johnstons, understood what the Special Use permit of 1984 meant: "no further division of the Lots or Residue Acreage. . . ." which appears on the subdivision plat. We read that and the qualification added: "without a revision to Special Use Permit 84-38." We had conveyed to the County no perpetual easement. If asked for one at that time, we might have hesitated. What that language meant to us was and is that a petition for change is not absolutely and permanently precluded, that the County has the power to grant a revision of SP 84-38, if it judges the landowners' circumstances and appeal warrants such revision. In other words that principles of equity can be invoked to enlarge or supplement the system of rules or laws applied by formula. Our 1984 request conformed to the mathematical formula. The only "Special Use" concession the County was asked to make was to acpept the land plan we proposed. In fact, it seemed to be preferable. ' , Albemarle Planning Commission 3 7. The design standards which the County would establish (in 10.3.3.2): preservation of agricultural and forestal lands, water supply protection, and conservation of natural, scenic and historic resources are the very same criteria which we sought to meet in our 1984 proposal. Our aim and intent has not changed. Our circumstances have. 8. Why are we now requesting the County to allow us to make a change? Our reasons are: a) We would like to remain at The Fall Fields, our home for 44 years, for the remainder of our lives, health permitting. b) We ~re older and less able to care properly for -60-odd acres. For that reason we would like to retain for our use only 5>6 acres ± around our residence, as our home. c) The experimental subdivision plan we instituted in 1984 was not a successful solution to our financial needs. Costs exceeded returns. The road in particular was ruinously expensive. As an investment, to supply us working capital, the subdivision was a regrettable mistake. d) We still have what we consider socially significant film projects in the works which require additional working capital. We hope to pursue those aims. We must again use our land holdings to do so. 9) As we understand it from our discussions with the planning advisers, the amendment we are requesting would allow us: · to incorporate or consolidate into the Fall Fields residue, two small tracts situated at the entrance to the property. This would preserve them from any future developm ent. · to use a division right (in lieu of one now attached to Lot 8- 1) to offer a more desirable housing site elsewhere on the property. (See sketch on plat) · to retain our present homesite - 5>6 acres± (main residence and guest house) · to set up a Rural Preservation Development of some 40>60- odd acres, comprising the balance of the farm. We could then offer the RPD for sale, subject to "no-development" perpetual restrictions of the RPT. " Those are our reasons for coming before you again. As you can see Albemarle Planning Commission 4 Those are our reasons for coming before you again. As you can see from the account above, we have no plans which would run counter to the specifics set forth in 10.3.3.2" · No lots would encroach on the soils you are seeking to protect. · No lots would encroach on critical slopes or flood plains. · No lots would devalue historic or scenic settings. · No lots will impinge on the preservation tract. · All lots will have access restricted to an internal street. We have no reason to assume the County will not be reasonable, flexible and humane. We hope your will be considerate of our changed circumstances. I hope this information is adequate to clarify our request for your consideration. If there are any questions, please contact me at your earliest convenience. Thank you. Yours truly. Îhl4U ~ .~Q)71M ~ /JJ~'mes D. JOh~~n. Attachment: Plat with notations. VFDC and Observer documents. " DATE Ì)¿~ d ( C¡<f rt1, (J.d.!, 7~ I ¿1YlA- - qc¡-¡S f Sq/]5~ J/J_. /;' 1(;'L/ (A/~ ¡' ! ... ) AGENDA ITEM NO. AGENDA ITEM NAME DEFERRED UNTIL Form. 3 7/25/86 DATE '~ () '- .' ') AGENDA ITEM NO. G' : i ,~ '').:2---- , , -, ~-: ~'..., L' ") ,/ } ,'0) _ '1 "j(./. -:f ' l " \ ;' _ \ i L' I . v '-<'"\.-" J AGENDA ITEM NAME .~. I DEFERRED UNTIL ; I -,~(~ L -¡ Form. 3 7/25/86 . ... ."" .. 12- / (. - 'i f COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: East Rivanna Volunteer Fire Co., Inc. Service Agreement! Authorization for Public Hearing to Approve Tax Exempt Finance AGENDA DATE: December 21, 1994 ITEM NUMBER: (¡ 'f,t .;.;.1, 757 ACfION: X INFORMATION: SUBJECf/PROPOSAL/REQUEST: Approval of Service Agreement Set Public Hearing Date CONSENT AGENDA: ACfION: INFORMATION: STAFF CONT ACfeS): Messrs. Tucker/HufflDavis A TT ACHMENTS: Service Agt; ment ! REVIEWED BY: BACKGROUND: The East Rivanna Volunteer Fire Company, Inc. is in the process of purchasing a new fire engine at a cost of$186,126.00. It wishes to take advantage of tax exempt fmancing provisions provided for volunteer fire companies in the IRS regulations. Under these regulations it can secure a loan at an interest rate below the prime rate. Jefferson National Bank has committed to a 5.7625 percent rate for a $120,000.00 seven year loan ifERVFC can qualify under the applicable regulations. DISCUSSION: The IRS regulations provide that the tax exempt financing is only available to "qualified fire departments". To be a qualified fire department ERVFC must: 1) provide fire fighting services in an area which is not provided with any other fire fighting services, and 2) be required to provide the fire fighting services in such area by written agreement with the County. Because no written agreement currently exists, ERVFC proposes to enter into an agreement which addresses the provision of fire fighting services in its service area. The proposed Agreement is attached. Although the County incurs no liability for and has no obligation to repay the loan, for IRS purposes it is considered an obligation of the County. The I.R.S. regulations require the Board to hold a public hearing prior to approving the borrowing by ERVFC. In addition, the County will have to certify that it will not borrow more than $10 million of tax exempt bonds in 1995. RECOMMENDATION: If the Board wishes to assist ERVFC in securing a $120,000.00 tax exempt loan from Jefferson National Bank, it should 1) authorize the Chairman to execute the attached Agreement to establish the necessary written agreement to qualify ERVFC as a "qualified fire department" for I.R.S. purposes; and 2) set a public hearing for January 11, 1995, to consider the approval of ERVFC's loan application. 94-304.003 94.190 _l .. COUNTY OF ALBEMARLE MEMORANDUM TO: FROM: DATE: RE: Brenda Sprouse, Fiscal Assistant Rolisa C. Smith, Legal Services Assistan~ December 22, 1994 East Rivanna Volunteer Fire Department Agreement Attached please find a copy of the above-referenced fully executed Agreement. By copy of this memorandum I am forwarding the orginal Agreement to Ella to be kept in the Clerk's Office. If you have any questions, please contact me. Attachment cc: Larry W. Davis, Esquire ~a W. Carey 94-304.004 .. ., -.~ AGREEMENT THIS AGREEMENT made this 1st day of June 1994, by and between COUNTY OF ALBEMARLE, VIRGINIA, hereinafter referred to as "the County", and EAST RIVANNA VOLUNTEER FIRE CO., INCORPORATED, hereinafter referred to as "the Fire Company". WHEREAS, the Fire Company will provide firefighting and emergency medical first responder services to the County in the area designated on a map of Albemarle County and described as Schedule A attached hereto, such services not being provided by other firefighting services; and, WHEREAS, in consideration for its financial assistance, the County requires the Fire Company to provide such firefighting services; and, WHEREAS, the parties desire to put such agreement in writing. WIT N E SSE T H: THEREFORE, the parties agree as follows: (1) The Fire Company will provide fire fighting and emergency medical first responder services to the County in the area described on Schedule A attached hereto. (2) The County will assist the Fire Company financially as it determines in its sole diescretion from time to time so long as the Fire Company continues to provide such services in the described area. WITNESS the following signatures and seals: . WITNESS the following signatures and seals: CO~TY OF ALBEMAR~)' ~IRG~NIA by: jJc~, 9 if ~ (SEAL) EAST RIVANNA VOLUNTEER FIRE CO., INCORPORATED by: W~(h~~.G^-<~~N (SEAL) STATE OF VIRGINIA, CITY OF CHARLOTTESVILLE, to-wit: The foregoing instrument was acknowledged before me this tJ;,~ day of ~I/t' , 199~ by ~/a..JP F. ,D~ , ( ~I ño{)H1 tJf S . WSCf the County of Albemar e, Virginia. My commission expires: Ç;~bM.-hP'?d, 19?7 ~ljÇl . Ú)~~ Notary Public - tJ STATE OF VIRGINI~' CITY / COUNTY OF '/~.4£ Jl ~ , to-wit: The foregoing instrument was acknowledge?" beforep ¡y(~ t-þi~ j IT!! day of /\/ðUe/nherV , 199L- by %lj~'////Jn! D. Lf¡jdclcCI:::... . . . of East Ri vanna Volunteer Fire Co. , Incorporated, a Virginia corporation, on behalf of the corporation. My commission expires: .::lo a-e\eastfire.agr Approved as to torm: ~{/Þ.L ..... -.'" ".--- ~t'f' rney 2 '-'~~,i ~';r ..~I'.. r--....... "-- ....... _~" Ilr'":"'8 ~~ / .....--, I --' - j~.Ë·4(1 ~ ^' o.::J~ CJ CORPORATE LIMITS .~ HIGHWA'S THROuGH row COUN'" SEAT NS ___CSOMAl\. TOw" OA VILlAG( WITH uNTY llN( ''0 ":..:=:::ISTERIAL DIST'llIcr LIN( 1(. MONUMENT OR ~ RAILROAD ~JNG RES(II:YATIO" _ RAILROAD' TwO L~R ''lACK -.of+.- JlAILAOAO'GAAO MOA[ TRACKS --iiÎÎii"-- RAILROAD A.OY~ ~AO$'I"O -:;'11-- AA"ROAO BElOW R:~ -f- TRANSMISSION LIN[ ~ HIGHWAY I"IOGE = 1= 'ORO 20 '[[T (I OV[II - HARD SURFACI: = ALL'WUTHU SUII'AC[ _ LIGHT ~U"'A(r. _ UÞIISURFAC(D .. SCHOOL , C"""CH '::t- 0"" ~ 48 COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Scottsville's Amended Service Agreement for Law Enforcement Services AGENDA DATE: December 21, 1994 ITEM"NUMBER: q'f, ().~ J ' 7.;3 ACfION: X INFORMATION: SUBJECf/PROPOSALIREOUEST: Approval of Amended Service Agreement CONSENT AGENDA: ACfION: INFORMATION: STAFF CONT ACf(S): Messrs. TuckerIDavis A TT ACHMENTS: REVIEWED BY: BACKGROUND: In January of 1994 the COlillty, Scottsville and the Sheriff entered into a tripartite Service Agreement which authorized the Sheriff to act as Chief of Police for Scottsville and to provide law enforcement services for the Town. The purpose of the Agreement was to take advantage of potential funding from the State for an additional deputy or deputies which would provide law enforcement services for the Town at no cost to the County. DISCUSSION: The 1994 Service Agreement specifically provided that the salaries of any deputies used for law enforcement purposes in the Town "shall be paid solely by the State Compensation Board". When the Compensation Board considered the request for funding the deputy positions, it denied the Sheriffs request for the Scottsville positions. The Sheriff filed a lawsuit challenging that denial which was settled when the State offered to fund two additional courtroom security positions for the County in lieu of the law enforcement positions for Scottsville. The Sheriff and Scottsville now wish for the County to allow a County funded deputy to provide the law enforcement services for Scottsville until July 1, 1996. This request is proposed in consideration of the fact that the cost of the position is offset by the additional funds approved for the courtroom security positions which are approved effective January 1, 1995. Those positions resulted solely from the Sheriffs request for the law enforcement positions for Scottsville. The approval of this request requires an amendment to the Service Agreement. The attached proposed Amended Service Agreement has been approved by Scottsville and the Sheriff. It provides that one locally County funded deputy position can be used for law enforcement purposes in Scottsville until July 1, 1996, and, thereafter, provides that no locally County funded deputy positions shall be used for that purpose. RECOMMENDATION: To approve this request, the Board should authorize the Chairman to execute the attached Amended Service Agreement. 94-107.006 94.193 ... AMENDED SERVICE AGREEMENT THIS AGREEMENT, made and entered into this 21 ,r day of December, 1994, by and between the Town of Scottsville, Virginia, (hereafter "Town"), the Sheriff of the County of Albemarle, Virginia, (hereafter "Sheriff'), and the County of Albemarle, Virginia, (hereafter "County"), WIT N E SSE T H: WHEREAS, the Circuit Court of the County of Albemarle, Virginia, duly approved a boundary adjustment, "Agreement to Relocate Boundary Line Between the Town of Scottsville and the County of Albemarle", pursuant to Section 15.1-1031.1, Code of Virginia, (1950), as amended, on September 27, 1993; and, WHEREAS, the Town agreed with the County to provide full-time police protection in the Town when the said Boundary Adjustment became effective at midnight of December 31, 1993; and, WHEREAS, pursuant to Sections 14.1-70 and 15.1-131.3 of the Code of Virginia (1950), the Town, the Sheriff, and the County entered into a tripartite Service Agreement dated January 31, 1994, for the purpose of having the Sheriff furnish law enforcement services in the Town; and, WHEREAS, the Town, the sheriff, and the County now wish to amend the Service Agreement to recognize a funding opportunity to provide law enforcement services in the Town, NOW THEREFORE, the Town, the Sheriff, and the County hereby agree as follows: 1. The Service Agreement between the Town, the Sheriff, and the County dated January 31, 1994, attached hereto as Exhibit "A", and incorporated herein by reference, is hereby amended by replacing paragraph 5 therein with a new paragraph 5 fully set out below: 5. Funding shall be provided entirely by sources other than the County. Salaries of the deputies shall be paid solely by the Town or the State Compensation Board, and all other costs not covered by the State including, but not limited to, vehicles, police equipment, supplies, uniforms, medical insurance, liability insurance, FICA, retirement benefits and related costs shall be paid by the Town. Notwithstandina the above. the Countv shall allow one locallv Countv funded deputv position to be assianed for law enforcement services in the Town until Julv 1. 1996. provided that the State Compensation Board has not funded a law enforcement position for the Town. Thereafter, no locallv Countv funded deputv positions shall be assianed for law enforcement services in the Town. 2. All other terms, conditions, requirements, and obligations of the Service Agreement, referenced above, shall remain unchanged and shall continue in full force and effect. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed in several counterparts, each of which shall constitute an original. 2 · . ~ Clerk -- ATTEST: 94-107.002 TOWN OF SCOTTSVILLE, VIRGINIA By (l.~ A. Raymo. ,ayor Approved as to Form: ~f -7)J 0 - . IJ1./lA~_~ . ;.<:/'170-1 '/~I Town Atforney COUNTY OF ALBEMARLE, VIRGINIA By ( k)Q~ ::rP~~~ Walter F. Perkins, Chairman Approved as to Form: ¿ '7.;Z 4P. ¿¿ · ¿COOnty pcurney SHERIFF OF THE COUNTY OF ALBEMARLE, VIRGINIA BY,'i OJVl~ J ~ Terry W. t-fawkins, Sheriff 3 .. . ~;~p;;'" . '~~( EXHIBIT A SERVICE AGREEMENT THIS AGREEMENT, made and entered into this 3 4t- day of January, 1994, by and between the Town of Scottsville, Virginia, (hereafter "Town"), the Sheriff of the County of Albemarle, Virginia, (hereafter "Sheriff"), and the County of Albemarle, Virginia, (hereafter "County"), , , WIT N E SSE T H: WHEREAS the Circuit Court of the County of Albemarle, Virginia, duly approved a boundary adjustment, "Agreement to Relocate Boundary Line Between the Town of Scottsville and the County of Albemarle", pursuant to section 15.1-1031.1, Code of Virginia, (1950), as amended, on September 27, 1993; and, WHEREAS the Town has agreed with the County to provide full- time police protection in the Town when the said Boundary Adjustment becomes effective on or at midnight of December 31, 1993; and, WHEREAS the Code of Virginia (1950), as amended, provides under Sections 14.1-70 and 15.1-131.3 that the Town, the Sheriff, and the County may enter into a tripartite agreement for the purpose of having the Sheriff furnish law enforcement services in the Town; and, WHEREAS the Town now desires to enter into such an agreement for law enforcement services with the Sheriff and the County pursuant to Section 15.1-131.3, NOW THEREFORE, the Town, the Sheriff, and the County hereby agree as follows: 1 ~~ ~'~'i 1. The Sheriff shall provide two (2) full time deputies for the purpose of providing law enforcement services in the Town. A reduced number of deputies may be provided upon the consent or request of the Town. 2. The said deputies shall be deputies of the Sheriff's Office and wear Sheriff's Office uniforms. 3. The deputies shall be specifically assigned to the Town and may, in the discretion of the Sheriff, assist deputies outside the Town when called upon to do so. 4. The deputies shall be selected by the Sheriff with the full advice and consent of the Town. 5. Funding shall be provided entirely by sources other than the County. Salaries of the deputies shall be paid solely by the State Compensation Board, and all other costs not covered by the State including, but not limited to, vehicles, police equipment, supplies, uniforms, medical insurance, liability insurance, FICA, retirement benefits and related costs shall be paid by the Town. 6. The Sheriff and any deputy sheriff serving as a Town law enforcement officer shall have authority to enforce the ordinances of the Town. 7. The Sheriff and any deputy sheriff, while serving as law enforcement officers of the Town, shall have the same powers, rights, benefits, privileges and immunities as those of regular Town police officers. 8. Under this Agreement, the Sheriff shall be the Chief of Police of the Town. 2 9. This Agreement may be terminated by mutual agreement of the parties at any time, or by any party for good cause after providing six months written notice to the other parties of the intent to terminate the Agreement on a date certain. 10. The Town shall pay its pro-rata share of dispatch costs of the Charlottesville-Albemarle County Emergency Operations Center based on the same formula used for other law enforcement agencies that are dispatched by the Center. These costs shall be assessed after a full year of data for calls for service is collected. 11. The Town and the County shall enter into a reciprocal agreement for mutual assistance between the Sheriff and the County's Police Department prior to any services being provided to the Town under this Agreement. This reciprocal agreement shall determine which agency shall have primary responsibility for responding to calls for service, for handling criminal investigations, and for any other matters. In addition, the reciprocal agreement shall determine the procedure for Federal and State crime reporting requirements so that there will be no duplicate reporting of crime statistics. 12. Notwi thstanding paragraph 9, above, upon any final determination by the County that the amount of State aid received by the County for its Police Department pursuant to Chapter 1, Article 10 of Title 14.1 (Sections 14.1-84 through 14.1-84.7) of the Code of Virginia, also known as "599" funds, is diminished or reduced as a result of this Agreement, the County may void this Agreement at any such time so as to restore that funding for that fiscal year or any subsequent fiscal year. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed in several counterparts, each of which shall constitute an original. 3 · . ~J. , . TOWN OF SCOTTSVILLE, VIRGINIA By A~~.i~~r ATTEST: cr~ !H.ab~ Approved as to Form: Town Attorney COIJN'I'Y OF ~~IA Bylf )d~ ' Walter F. Perkins, Chairman ATTEST: Approved as to Form: ¿~~a , ~ ounty Attorney SHERIFF OF THE COUNTY OF ALBEMARLE, VIRGINIA By T~r~. ~~k~f REH,IIjdbm 94.008 4 ~ANUARY I 0, 1995 EXECUTIVE SESSION MOTION I MOVE THAT THE BOARD GO INTO EXECUTIVE SESSION PURSUANT TO SECTION 2. I -344(A) OF THE CODE OF VIRGINIA UNDER SUBSECTION (7) TO DISCUSS A LEGAL MATTER RELATING TO A LANDFILL. MOTION TO CERTIFY EXECUTIVE SESSION I MOVE THAT THE BOARD CERTIFY BY A RECORDED VOTE I THAT TO THE BEST OF EACH BOARD MEMBER S KNOWLEDGE ONLY PUBLIC BUSINESS MATTERS LAWFULLY EXEMPTED FROM THE OPEN MEETING REQUIREMENTS OF THE VIRGINIA FREEDOM OF INFORMATION ACT AND IDENTIFIED IN THE MOTION AUTHORIZING THE EXECUTIVE SESSION WERE HEARD, DISCUSSED OR CONSIDERED IN THE EXECUTIVE SESSION. MOTION: Mrs. Thomas SECOND: Mr. Martin MEETING DATE: December 21, 1994 CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Albemarle County Board of Supervisors has convened an executive meeting on this date pursuant to an affirmative recorded vote and in accordance with the provi- sions of The Virginia Freedom of Information Act¡ and WHEREAS, Section 2.1-344.1 requires a certification by the Supervisors that such executive conformity with Virginia law¡ of the Code of Virginia Albemarle County Board of meeting was conducted in NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Albemarle County Board of Supervisors. VOTE: AYES: Mr. Bowerman, Mrs. Humphris, Messrs Marshall, Martin, Perkins and Mrs. Thomas. NAYS: None. [For each nay vote, the substance of the departure from the requirements of the Act should be described.] ABSENT DURING VOTE: None. ABSENT DURING MEETING: None. County