2013-7-03Tentative
BOARD OF SUPERVISORS
T E N T A T I V E
JULY 3, 2013
9:00 A.M., AUDITORIUM
COUNTY OFFICE BUILDING
1. Call to Order.
2. Pledge of Allegiance.
3. Moment of Silence.
4. Adoption of Final Agenda.
5. Brief Announcements by Board Members.
6. Recognitions.
7. From the Public: Matters Not Listed for Public Hearing on the Agenda.
8. Consent Agenda.
Discussion/Action Items:
9. Crozet Library First Floor Space Usage.
10. The Crossings at 4th and Preston.
Work Session:
11. Water Resources Program Development.
12. Closed Meeting.
13. Certify Closed Meeting.
14. Boards and Commissions: Vacancies/Appointments.
1:30 p.m. - Presentation:
15. VDoT Monthly Report, Joel DeNunzio.
2:00 p.m. - Public Hearings:
16. SP-2012-00032. Bellair CSA Barn (Sign # 90). PROPOSAL: Special events in and
around existing barn. ZONING CATEGORY/GENERAL USAGE: RA, Rural Areas- agricultural,
forestal, and fishery uses; residential density (0.5 unit/acre in development lots) SECTION:
10.2.2.50, which allows for Special events (reference 5.1.43). COMPREHENSIVE PLAN LAND
USE/DENSITY: Rural Areas in Rural Area 4 - Preserve and protect agricultural, forestal, open
space, and natural, historic and scenic resources/ density (.5 unit/acre in development lots).
ENTRANCE CORRIDOR: No. LOCATION: 5363 Bellair Farm. TAX MAP/PARCEL: 11300-00-00-
01000. MAGISTERIAL DISTRICT: Scottsville.
17. Intent to adopt an ordinance to amend sections 4-100, Definitions, 4-108,
Cruelty to animals; penalty and 4-218, Dangerous and Vicious Dogs, and to add
section 4-219, Vicious Dogs, to Chapter 4, Animals and Fowl, of the Albemarle
County Code. The proposed ordinance amends the processes for law enforcement, animal
control officers and courts in dealing with dangerous and vicious dogs and increases the initial
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registration fee and annual registration fee of a dangerous dog to comply with recent amendments
of Virginia Code §§ 3.2-6540, 3.2-6540.1, and 3.2-6570.
18. Intent to adopt an ordinance to amend Chapter 6, Fire Protection, of the
Albemarle County Code by adding section 6-113, Physical examinations for
firefighters and other operational members. The proposed ordinance directs the County
to employ physicians to perform physical examinations of every salaried and volunteer fire fighter
and other specified operational members of the coordinated fire and rescue system entering the
service of the system to comply with the requirements of Virginia Code § 27-40.1:1.
19. Intent to adopt an ordinance to amend Chapter 10, Offenses-Miscellaneous, of
the Albemarle County Code by amending section 10-123, Prohibited activities on
public roadways and medians. The proposed ordinance would clarify the definitions of
certain terms and the prohibitions on certain distributions, solicitations, and sales in the roadways
and medians consistent with Virginia Code § 46.2-931.
20. Intent to adopt an ordinance to amend Article III, Dealers in Precious Metals, of
Chapter 12, Regulated Enterprises, of the Albemarle County Code by amending
section 12-308, Records, copies of bill of sales required; inspection, and section
12-311, Dealer to retain purchases. To comply with recent amendments of the Virginia
Code, the proposed ordinance would require precious metals dealers to retain a digital image of the
form of identification used by persons involved in each purchase of precious metals or gems, would
increase from ten to fifteen the number of calendar days that precious metals dealers are required
to retain certain precious metals and gems and the article from which any precious metals or gems
were removed, and make other technical amendments necessary to conform with Virginia Code
requirements.
21. FY 2014 Budget Amendment and Appropriations.
22. From the Board: Committee Reports and Matters Not Listed on the Agenda.
23. From the County Executive: Report on Matters Not Listed on the Agenda.
24. 3:00 p.m. - To receive statements from candidates seeking appointment as the Scottsville
District representative on the Board of Supervisors.
25. Closed Meeting: Appointments.
26. Certify Closed Meeting.
27. Adjourn to July 10, 2013, 3:30 p.m.
CONSENT AGENDA
FOR APPROVAL:
8.1 Approval of Minutes: March 7, March 13 (Special), March 13(N), April 3, April 10(A) and
April 10(N), 2013.
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8.2 Proposed Lease of Interim Emergency Medical Facilities Station on Berkmar Drive to
Service the Route 29 North area.
8.3 Resolution to Authorize Inmate Community Workforce Program.
8.4 FY 2013 Budget Amendment and Appropriations.
8.5 Resolution to accept Timberwood Boulevard into the State Secondary System of Highways.
8.6 Resolution to Appoint Robert Gilmer as Assistant Fire Marshal’s with Police Powers.
8.7 SUB-2013-067. Napier Subdivision - Special Exception from Building Site Requirement under
County Code § 18-4.2.1(b).
8.8 ZMA-1979-00032. Briarwood Application Plan - Special Exception to allow variation from side yard
setback.
FOR INFORMATION:
8.9 Albemarle County Building Code Evaluation.
8.10 County Grant Application Report.
NEW: CLICK HERE TO SIGN UP TO SPEAK AT PUBLIC HEARINGS ONLY
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COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Proposed Lease of Interim Emergency Medical
Services Station
SUBJECT/PROPOSAL/REQUEST:
Approval of a lease for an interim emergency medical
services station on Berkmar Drive to service the 29N
area.
STAFF CONTACT(S):
Foley, Walker, Davis, Blair, and Eggleston
PRESENTER (S): N/A
LEGAL REVIEW: Yes
AGENDA DATE:
July 3, 2013
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
During the FY14 Budget process, the Board approved funding for additional fire fighter/advanced life support (ALS)
positions to expand the daytime ambulance service currently provided at the Seminole Trail station to twenty-four hours
per day, seven days per week, starting on July 1, 2013. Due to the current space limitations and planned building
renovation/expansion, it is not possible to house the additional career staff in the Seminole Trail building. Staff researched
various options to house the two career staff and has determined that the most cost effective option is to temporarily lease
office space in the general vicinity of the Seminole Trail Station.
STRATEGIC PLAN:
Goal 2: Provide community facilities that meet existing and future needs.
DISCUSSION:
Staff has negotiated a 13-month lease with Claude and Carol Marsilia (Lessor) for 836 sq. ft. of office space at 3042-A
Berkmar Drive (Parcel 061U0-03-00-007A0), along with two parking spaces. This space can adequately serve as an
interim emergency medical services station that will provide space for one ambulance and its crew.
The attached proposed Lease Agreement (Attachment A) addresses all issues identified by the County in discussions
with the agent representing the Marsilias. The County Attorney’s Office has reviewed and approved this proposed
Lease Agreement as to form. Significant provisions of the proposed lease include:
1. A term of 13 months beginning on July 4, 2013, with July 2013 at no cost, and an option to renew upon the
same terms for six additional one-month terms.
2. Fair market rent, determined to be $1,025 per month.
3. Lessor to provide garbage pickup, parking lot maintenance including snow removal, and water/sewer, the cost
of which is reflected and included in the rent. The County will be responsible for the provision of electricity,
internet, and telecommunication services.
BUDGET IMPACT:
The direct cost of the lease to the County is approximately $12,297 annually. Staff has submitted an appropriation
request (Appropriation #2014002) for $22,100 as part of the FY14 Appropriation Request being presented to the Board
on July 3, 2013 to cover both the lease and operating expenditures for FY14.
RECOMMENDATIONS:
Staff recommends that the Board adopt the attached Resolution (Attachment B) to approve the proposed Lease
Agreement for the Berkmar Drive office space and to authorize the County Executive to sign the lease and any
associated documents, after approval of both form and substance by the County Attorney.
ATTACHMENTS:
A—Proposed Lease Agreement
B—Proposed Resolution
Return to consent agenda
Return to regular agenda
1
LEASE
THIS LEASE made as of this 4th day of July, 2013, by and between Claude and Carol Marsilia
(hereinafter referred to as "Lessor") and the County of Albemarle, Virginia (hereinafter referred to as
"Lessee").
W I T N E S E T H:
ARTICLE I
PREMISES
1.1 Lessor does hereby demise, rent and lease to Lessee and Lessee hereby rents and takes from
Lessor all that certain parcel of improved property known as Unit 7A, Phase-II, Village Offices,
Albemarle County, Virginia. The property has a street address of 3042-A Berkmar Drive, Charlottesville,
Virginia and is also known as Albemarle County Tax Map Parcel 061U0-03-00-007A0, consisting of
approximately 0.10 acres of land and 836 square feet of office space, together with (a) the Lessor’s
interest in the parking lot and other common areas of the Village Offices and (b) two (2) parking space(s),
located on the side of the building for Lessee’s emergency response vehicle(s) (hereinafter collectively
referred to as "Premises");
TO HAVE AND TO HOLD the Premises together with all privileges and appurtenances
thereunto belonging or appertaining unto Lessee for the full term of this Lease in accordance with the
terms and provisions of this Lease.
1.2 Lessor’s Title. Lessor covenants that it has both fee simple title to the Premises and full
right and authority to make and execute this Lease and perform its obligations hereunder.
ARTICLE II
TERM
2.1 The term of this Lease shall commence on July 4, 2013 and expire on July 31, 2014, both
dates inclusive.
2.2 The Lessee shall have the right to six (6), one (1) month extensions of the Lease as long as
Lessor received thirty (30) days notice of Lessee’s intent to extend.
ARTICLE III
RENTAL
3.1 Lessee shall pay to Lessor at its offices as stipulated in paragraph 15.11, or at such other
location as Lessor shall designate in writing, a monthly rental of $1,025.00 beginning on August 1, 2013.
One such monthly installment shall be due and payable without demand on or before the first day of each
succeeding calendar month during such term (first rent payment shall be prorated to end of month). The
covenant of Lessee to pay rent hereunder is and shall be deemed a separate and individual covenant and
Lessee shall have no right of deduction or set-off whatsoever.
3.2 Lessee agrees to pay to Lessor or to the public officer charged with the collection thereof, as
additional rent before the same become delinquent, all charges for electric power, telephone, license fees
and charges that during the full term of this lease shall be levied, assessed, charged or imposed upon
Lessee or Lessee's business, together with all interest and penalties that may accrue thereon, except that:
(a) Income, sales, use, excise, or other taxes imposed on the rents or other sums payable to
Lessor hereunder shall not be chargeable to Lessee;
(b) Any estate, inheritance, succession or legacy tax or gift tax or capital gains tax or other tax
imposed or any transfer of the interest of Lessor shall not be chargeable to Lessee;
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(c) All real estate taxes and assessments shall be paid by Lessor; and
(d) Water and sewer charges shall be paid by Lessor.
3.3 The Lessor acknowledges receipt of the sum of $1,025.00 to be held by Lessor as a Security
Deposit for the faithful performance by Lessee of the terms, covenants and conditions to be performed
hereunder. There shall be no interest payable on such Security Deposit. Any portion of the Security
Deposit may be applied towards payment of overdue or unpaid rent at the option of Lessor, or as
compensation to Lessor for any loss, damage or expense sustained by Lessor attributable to Lessee's
default hereunder. Lessor shall refund the Security Deposit to Lessee thirty (30) days after the expiration
of this Lease, or any extensions exercised pursuant to Section 2.2 of this Lease. Lessor may withhold
only that portion of the Security Deposit necessary to repair damage to the Premises resulting from the
intentional or negligent acts of the Lessee except ordinary wear and tear.
ARTICLE IV
USE
4.1 The Premises shall be used only as offices and lodging for the County Emergency Services
personnel and for such other lawful purposes as may be incidental thereto. The Premises shall not be used
for any illegal purposes; nor in violation of any regulation of any governmental body; nor in any manner
to vitiate the insurance on the Premises. Lessee shall, at its own expense, obtain any and all licenses and
permits necessary for its use of the Premises. Without Lessor's prior written consent, Lessee shall not
receive, store or otherwise handle any product, material or merchandise which is explosive or highly
inflammable. In no event shall any activity carried out on the Premises emit smoke, noxious odor or dust.
4.2 Lessee shall not use the sidewalks, parking area or other parts of the common area for any
business purpose except for the parking of vehicles owned or operated by the Lessee, its agents, and/or
invitees, and for ingress and egress. Lessee shall have non-exclusive use of such areas in common with
other occupants in the complex.
4.3 Lessor gives Lessee exclusive control of the Premises and shall be under no obligation to
inspect the Premises. Lessor may, however, inspect the Premises during business hours to determine
whether or not Lessee is complying with the terms and provisions of this lease or to show the Premises to
prospective purchasers of the Premises or to prospective mortgagees of the Premises and during the last
one (l) year of this lease to prospective tenants.
ARTICLE V
REPAIRS
5.1 Lessor shall, at its expense, maintain the roof, structural parts, and outside walls of the
premises. The condominium association for all units in the complex is responsible for all common area
maintenance.
5.2 Lessee accepts the Premises in their present condition and as suited for the use intended by
Lessee. Lessee shall be responsible for the interior of the building, including all plumbing and heating and
air conditioning, subject, however, to the limits set in paragraph 5.3 below. Lessee shall, at the end of the
term hereof, deliver possession of the Premises to Lessor in the same condition as the Premises were in on
the commencement of the terms hereof, natural wear and tear excepted. Lessee shall not remove any
fixtures, machines or equipment from the Premises unless it shall repair and restore any damage caused to
Premises caused by the installation, removal or use of said fixtures, equipment or machines and in no
event shall it remove any equipment or fixtures from premises if it is in default under this lease.
5.3 Notwithstanding anything herein contained, Lessee shall be required in any twelve (12)
month period to spend a maximum of $200.00 on heating and air conditioning maintenance service
3
(administered by Lessor), $200.00 on heating and air conditioning repairs, $200.00 on electrical repairs
and $200.00 on plumbing repairs. Beyond these limits the Lessor shall be responsible for all such repairs.
Provided however, electric fixture light bulbs and ballasts shall be Lessee’s expense.
5.4 Lessor shall care for the grounds surrounding the building, including the mowing of grass,
care of shrubs and general landscaping.
ARTICLE VI
ALTERATIONS
6.1 Lessee shall not make any alterations, additions or improvements on the Premises without the
written consent of Lessor. All such alterations, additions or improvements made by Lessee shall become
the property of Lessor upon termination of this Lease.
6.2 At the termination of this lease, Lessee shall, only if requested by Lessor, remove all
alterations, additions or improvements erected by Lessee and restore the Premises to their original
condition, natural wear and tear excepted. Any such removals and restoration shall be accomplished in a
good workmanlike manner. Lessee shall keep Premises free of any mechanic's lien or encumbrances due
to Lessee's alterations, additions, removal or improvements.
ARTICLE VII
DESTRUCTION OR DAMAGE
7.1 In the event that the building on the Premises is totally destroyed or so substantially damaged
as to be untenantable by fire, lightning, earthquake, windstorm, or other casualty, and cannot be repaired
within a reasonable time, this lease may be terminated by either party upon thirty (30) days written notice
to the other, and rent shall be accounted for between Lessor and Lessee as of that date.
7.2 If the building on the Premises, or any part thereof, is damaged but not rendered untenantable
by any such casualty, Lessor shall repair the Premises within a reasonable time after receipt of written
notice from Lessee of such damage, provided that Lessor shall not be required to rebuild, repair or replace
any part of the alterations, additions, improvements, equipment or machinery which may have been
placed on the Premises by Lessee. The rent until such repairs shall be made shall be abated
proportionately to the part of the building which is usable by Lessee. At the completion of such repairs,
full rent shall recommence.
ARTICLE VIII
INSURANCE
8.1 Lessor will maintain, at its expense, insurance on the Premises against loss or damage by fire,
lightning and other risks. No furniture, equipment, fixtures, improvements or other property of Lessee
will be included in said coverage. Lessee must provide its own coverage for any of its property.
ARTICLE IX
CONDEMNATION
9.1 If during the term of this lease the Premises or any part thereof be condemned or taken by any
governmental authority or any corporation having the power of eminent domain, the court in such
condemnation proceedings shall be requested to make separate awards to Lessor and Lessee, and Lessor
and Lessee agree to request such action by such court; however, in the event that the court grants only one
award then it shall be the sole and exclusive property of the Lessor, and Lessee shall make no claim
against this award. If the entire Premises are condemned, or if a substantial portion of the Premises is
taken and the portion remaining after such condemnation proceedings shall not be suitable for Lessee's
use, this lease shall terminate as of the date of taking. If the portion of the Premises remaining after such
4
condemnation proceedings shall be suitable for Lessee's use, the rent payable by Lessee to Lessor after
taking shall be reduced to the proportion of the rent stipulated hereunder which shall be the market value
of the Premises remaining after the taking bears to the market value of the Premises immediately prior to
the taking.
ARTICLE X
LIABILITY
10.1 Lessee shall keep in full force and effect a policy or policies of public liability insurance
with respect to the Premises and the business of Lessee, in which both Lessee and Lessor shall be
adequately covered under reasonable limits of liability of not less than $250,000 per person and $500,000
per occurrence with $50,000 coverage for property damage.
10.2 Lessee shall furnish Lessor with certificates that all such insurance is in effect and that all of
said policies contain provision prohibiting cancellation without at least 15 days notice to Lessor.
10.3 All of Lessee's property of every kind or description which may at any time be on the
Premises shall be at Lessee's risk and Lessor shall not be liable for any damages to said property or loss
suffered by the business or occupation of Lessee caused by water from any source whatsoever or from the
bursting, overflowing or leaking of sewer or from the heating or plumbing fixtures or from electrical
wires or from gas or odors caused in any manner whatsoever except as may result from or be caused by
the negligence of Lessor and/or its agents or employees.
ARTICLE XI
DEFAULTS AND REMEDIES
11.1 If Lessee fails to keep or perform any covenant or provision of this lease (except payment of
any installment of rent or other charge or money obligation herein required to be paid by Lessee) or
violates any such covenant or provision, Lessor may, in addition to any other remedies at law or
in equity or elsewhere provided for in this lease, without notice, enjoin Lessee from any such failure or
violation.
11.2 Any installment of rent or any other charge or money obligation herein required to be paid
by Lessee which is not paid within five days when due shall bear a late charge of five percent (5%) and
Lessor may treat any such charge or money obligation as additional rent hereunder.
11.3 The occurrence of any of the following is deemed to be an event of default under this lease:
(a) The making by Lessee of an assignment for the benefit of its creditors;
(b) The levying of a writ of execution or attachment on or against the property of Lessee and the
same not being released or discharged within thirty (30) days thereafter;
(c) The institution of proceedings for the reorganization, liquidation or involuntary dissolution of
Lessee, or for its adjudication as a bankrupt or an insolvent, or for the appointment of a
receiver of the property of Lessee, and said proceeding not being dismissed, and any receiver,
trustee or liquidator appointed therein not discharged within thirty (30) days after the
institution of such proceedings;
(d) The doing or permitting to be done of any act by Lessee which creates a claim or a lien
therefor against the building and the same not being released or otherwise provided for by
indemnification satisfactory to Lessor within thirty (30) days thereafter; or
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(e) Failure of Lessee to pay any installment of rent or other charge or money obligation
herein required to be paid by Lessee or to comply with any other covenant or
provision of this lease within ten (10) days after written notice of such failure is given
by Lessor, or if it is not possible to cure such failure within such period promptly
after receipt of such notice, to advise Lessor in writing of Lessee's intention duly to
institute all steps necessary to cure such failure or violation and to begin performance
of such covenant within such period and diligently to pursue performance to
completion in a reasonable time thereafter.
11.4 In the event of default, Lessor has the option of pursuing any one or more of the following
remedies without any notice or demand whatsoever:
(a) Terminate this lease, in which event Lessee shall immediately surrender Premises to Lessor,
and if Lessee fails to do so, Lessor may, without prejudice to any other remedy which Lessor
may have, enter upon and take possession of Premises and expel or remove Lessee and any
other person who may be occupying the Premises or any part thereof, by force, if necessary,
without being liable for prosecution or any claim of damages therefor; and/or
(b) Enter upon and take possession of Premises and expel or remove Lessee and any other person
who may be occupying Premises or any part thereof, without being liable for prosecution or
any claim of damages therefor, and, if Lessor so elects, make such alterations and repairs as
may be necessary to relet Premises, and relet Premises or any part thereof at such rent and for
such period of time and subject to such terms and conditions as Lessor may deem advisable
and receive the rent therefor. Upon each such reletting all rent received by the Lessor from
such reletting shall be applied first to the payment of any loss and expenses of such reletting,
including brokerage fees and costs of such alterations and repairs; second to the payment of
any indebtedness other than rent due hereunder from Lessee to Lessor; third to the payment
of rent due and unpaid hereunder; and the residue, if any, shall be held by Lessor and applied
in payment of future rent as the same may become due and payable hereunder. Lessee agrees
to pay to Lessor on demand any deficiency that may arise by reason of such reletting.
Notwithstanding any such reletting without termination, Lessor may at any time thereafter
elect to terminate this lease for such previous breach; and/or
(c) Lessor may, in addition to any other remedies at law or in equity or elsewhere in this lease
provided, cure or prosecute the curing of such failure or violation at reasonable expenses,
which expenses shall be paid to Lessor by Lessee on demand. Lessee agrees that in the event
of any failure or violation covered by this Article and Lessor's failure to give notice or to
exercise any rights under this Article, all rights of Lessor under this Article may be exercised
by persons acting on behalf of Lessor, under authority granted by Lessor, with full right of
reimbursement as provided hereunder. Lessee agrees that neither Lessor nor any such person
acting on its behalf shall be liable for any damage resulting to the Lessee by the exercise of
the rights granted under this Article.
11.5 Should Lessor terminate this lease in accordance with the provisions of this Article, Lessor
may in addition to any other remedies it may have, recover from Lessee all damages Lessor may incur by
reason of such breach, including the cost of recovering Premises, and including the worth at the time of
such termination of the excess, if any, of the amount of rent and charges equivalent to rent reserved in this
lease for the remainder of the lease term over the then reasonable rental value of Premises for the
remainder of the lease term, all of which amounts shall be immediately due and payable from Lessee to
Lessor.
11.6 Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the other
remedies herein provided or any other remedies provided by law, nor shall pursuit of any remedy herein
6
provided constitute a forfeiture or waiver of any rent due to Lessor hereunder or of any damages accruing
to Lessor by reason of the violation of any of the covenants and provisions herein contained.
ARTICLE XII
SERVICES
12.1 Lessee agrees to pay all charges incurred for any utility services used on the Premises except
for water and sewer charges, which shall be paid by Lessor. Lessor shall in no event be liable for any
interruption or failure of utility services on the Premises, but shall make reasonable effort to secure
speedy resumption of said interrupted service.
ARTICLE XIII
SUBORDINATION
13.1 This lease and all rights of Lessee hereunder are and shall be subject and subordinate to the
lien of any mortgage, deed to secure debt, deed of trust or other instrument in the nature thereof which
may now or hereafter affect Lessor's fee title to the Premises; provided, however, that the foregoing
provision shall only be applicable with respect to those mortgages to which Lessee has been provided a
Subordination, Non-Disturbance and Attornment Agreement (“Non-Disturbance Agreement”), providing
generally that the mortgagee or any purchaser at the foreclosure of the mortgage will not disturb Lessee’s
possession of the Premises and that Lessee will attorn to such mortgagee or purchaser at foreclosure as
Lessor under the terms and conditions of this Lease upon receiving written notice that such party has
succeeded to the interest of Lessor under this Lease. In confirmation of such subordination, Lessee shall
join with any such mortgagee and execute promptly (and, in any event, within thirty (30) business days
after receipt of a written request therefor) a Non-Disturbance Agreement. Lessee’s obligation to join with
any mortgagee in the execution of a Non-Disturbance Agreement shall be applicable with respect to all
present and future mortgages to which Lessor requests Lessee’s execution of a Non-Disturbance
Agreement. Lessor represents that there is no mortgage existing as of the date hereof.
ARTICLE XIV
SUBLETTING AND ASSIGNMENTS
14.1 Lessee shall not have the right to assign this lease or any interest hereunder, or sublet the
Premises, or any part thereof, to one or more subtenants, without the express written consent of Lessor,
which consent shall not be unreasonably withheld. Notwithstanding any such assignment or subletting,
Lessee shall at all times remain fully responsible and liable for the payment of the rent herein specified
and for compliance with all of Lessee's other obligations under the terms, provisions and covenants of this
lease.
14.2 Upon the occurrence of any default by Lessee as herein defined, if the Premises or any part
thereof are then assigned or sublet, Lessor, in addition to any other remedies herein provided, or provided
by law, may at its option collect directly from such assignee or subtenant all rents becoming due to Lessee
under such assignment or sublease and apply such rent against any sum due to Lessor by Lessee
hereunder, and such collection shall not be construed to constitute a novation nor a release of Lessee from
the further performance of its obligations hereunder.
ARTICLE XV
MISCELLANEOUS
15.1 The words "terminate" or "termination" as used herein shall refer to the end of this lease
whether due to the expiration of the term hereof or the earlier ending of this lease in accordance with the
terms and provisions hereof.
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15.2 No failure of Lessor or Lessee to exercise any power given Lessor or Lessee hereunder or to
insist upon strict compliance by Lessor or Lessee with its obligations hereunder, and no custom or
practice of the parties at variance with the terms hereof shall constitute a waiver of Lessor's or Lessee's
right to demand exact compliance with the terms hereof.
15.3 All rights, powers and privileges conferred herein upon the parties hereto shall be
cumulative but not restrictive to those given by law.
15.4 The captions used in this lease are for convenience only and do not in any way limit or
amplify the terms and provisions hereof.
15.5 One or more waivers of any covenant, term or condition of this lease by either party shall not
be construed as a waiver or subsequent breach of the same covenant, term or condition. The consent or
approval by either party to or of any act by the other party requiring such consent or approval shall not be
deemed to waive or render unnecessary consent to or approval of any subsequent similar act.
15.6 This lease contains the entire agreement of the parties and no representations or agreements,
oral or otherwise, between the parties not embodied herein, shall be of any force or effect.
15.7 Time is of the essence of this agreement.
15.8 This contract shall create the relationship of landlord and tenant between Lessor and Lessee;
no estate shall pass out of Lessor; Lessee has only a usufruct, not subject to levy and sale.
15.9 If Lessee remains in possession after expiration of the term hereof, with Lessor's
acquiescence and without any agreement of parties, Lessee shall be a tenant at will; and there shall be no
renewal of this lease by operation of law.
15.10 The term "Lessor" as used in this lease means only the owner for the time being of the
Premises so that in the event of any sale or sales thereof, Lessor, who is grantor in any such sale, shall be
and hereby is entirely free and relieved of all of the obligations of Lessor hereunder. Any such sale of the
premises or any interest therein shall be subject to this lease, and it shall be deemed and construed without
further agreement that the purchaser at any such sale has assumed and agreed to carry out any and all
obligations of Lessor in this lease so long as such purchaser shall be the owner of the Premises.
15.11 All notices required to be given to Lessor hereunder shall, until contrary instructions are
given to Lessee in writing, be effectively given to Lessor if mailed by registered or certified mail, return
receipt requested, to Lessor:
Claude and Carol Marsilia
115 Paynes Landing Road
Scottsville, VA 24590
All notices required to be given to Lessee hereunder shall, until contrary instructions are given to
Lessor in writing, be effectively given to Lessee if personally delivered or mailed, by registered or
certified mail, return receipt requested, to Lessee:
Attention: Chief Dan Eggleston
County of Albemarle, Virginia
Fire and Rescue Division
460 Stagecoach Road
Charlottesville, VA 22902
8
15.12 If any clause or provision of this lease is or becomes illegal, invalid or unenforceable
because of present or future laws or any rule or regulation of any governmental body or entity, eff ective
during its term, or becomes unenforceable because of ambiguity or judicial construction, the intention of
the parties hereto is that the remaining parts of this Lease shall not be affected thereby.
15.13 This Lease is subject to annual funding by the Board of Supervisors of the County of
Albemarle, Virginia. In the event the Board of Supervisors fails to appropriate funds necessary to
perform the obligations specified hereunder, this Lease shall be deemed cancelled, with no penalty to the
Lessee, and of no effect. Notice of such cancellation must be given to the Lessor within thirty (30) days
of the Board of Supervisors’ final approval of the annual County budget. However, the failure of the
Lessee to provide such notice shall not invalidate any non-appropriation decision by the County. In the
event that this Lease is cancelled for the reasons set forth in this paragraph, the Lessor will be paid for any
amounts due and owing as of the date of cancellation in accordance with the Lease, excluding any
prospective amounts. Notwithstanding the above, Lessee is to give notice to Lessor not later than July 5,
2013 of its intent to fulfill the Lease obligations.
ADDENDUM -1
1. Electric – Lessee agrees to pay all charges incurred for any utility services used on the
premises except for water and sewer charges, which shall be paid by Lessor. Lessee shall pay thirty-four
percent (34%) of the electric bill to the adjacent Lessee (3042-A) within thirty (30) days after presentation
of a copy of the Dominion Virginia Power invoice thereof. Lessee shall be provided a receipt for all
payments made pursuant to this Addendum. Lessor shall in no event be liable for any interruption or
failure of utility services on the Premise, but shall make reasonable effort to secure speedy resumption of
said interrupted service.
IN WITNESS WHEREOF the Lessor and Lessee have caused these presents to be executed under
seal on the date first above written.
Return to exec summary
RESOLUTION APPROVING LEASE AGREEMENT
FOR EMERGENCY MEDICAL SERVICES STATION
WHEREAS, the County of Albemarle intends to provide twenty-four hours per
day, seven days per week ambulance transport service beginning on July 1, 2013 to
improve emergency response times in the 29 North area; and
WHEREAS, Claude and Carol Marsilia have offered a 13-month lease for space
in the Village Offices on Berkmar Drive at which the County can locate an interim
emergency medical services station until a permanent site can be finalized.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of
Supervisors hereby approves the Lease Agreement and authorizes the County Executive
to sign the Lease Agreement and any associated documents between the County of
Albemarle and Claude and Carol Marsilia after approval as to form and substance by the
County Attorney for an interim emergency medical services station at 3042-A Berkmar
Drive, Charlottesville, Virginia 22901.
Return to exec summary
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Inmate Community Workforce Program
SUBJECT/PROPOSAL/REQUEST:
Resolution to authorize the Inmate Community Workforce
Program.
STAFF CONTACT(S):
Foley, Walker, Davis, Herrick, and Crickenberger
PRESENTER (S): N/A
LEGAL REVIEW: Yes
AGENDA DATE:
July 3, 2013
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
The Community W ork Force Program was established by the Albemarle-Charlottesville Regional Jail for incarcerated non-
violent inmates convicted of misdemeanors that meet specific eligibility criteria and guidelines. The Program provides
these inmates the opportunity to work on County-owned property, and on certain other property specified in Virginia Code
§ 53.1-128, while serving their sentences. The Albemarle County Department of Parks and Recreation has used selected
crews of inmates since September 2004 to perform routine maintenance and improvements and enhancements of the
County’s parks and Greenway/Recreational Trail System. Crews of inmates have provided over 30,635 hours of labor in
the County. When valued at $9.00 an hour, inmate work forces have provided worked valued at $275,715. A large portion
of those hours has been on projects where contractor prices have been a bench mark to estimate the overall project cost
and value of the program. The net savings to the County since 2004 has been $534,857. The Board previously adopted a
Resolution of Support for the Inmate Workforce/Community Service Program at its May 9, 2012 meeting. (Attachment B)
STRATEGIC PLAN:
Goal 4: Protect the County’s parks and natural, scenic and historic resources in accordance with the County’s
established growth management policies.
DISCUSSION:
According to a 2004 citizen Needs Assessment Study, respondent households ranked continued upkeep and
maintenance of existing facilities as the most important action from a list of 13 possible actions that the Parks and
Recreation Department could take to improve the Parks and Recreation system.
As the Parks and Recreation Department continues to take on additional maintenance responsibilities with new
facilities and the expanding Greenway/Recreational Trail System, the Inmate Community Workforce Program has
improved and expanded the level of routine maintenance and has assisted with new maintenance requirements and
responsibilities. With Inmate Community W orkforce labor, the Parks and Recreation Department has opened two new
park facilities in 2011 (the Patricia Ann Byrom Forest Preserve Park and the Preddy Creek Trails Park) and has added
over 23.5 miles of recreational multi-use trails.
The Albemarle-Charlottesville Regional Jail provides training for those supervising inmates and the Albemarle County
Parks and Recreation Department has prepared Standard Operating Procedures (SOP’s) for all of its trained
employees who supervise inmates. The SOP’s expands on the current guidelines and policies established by the
Albemarle-Charlottesville Regional Jail. The County Attorney’s Office has reviewed and approved the Resolution and
the SOP’s as to form.
BUDGET IMPACT:
An estimated full year of inmate labor provides an annual savings to the County in excess of $90,000.00.
RECOMMENDATIONS:
Staff recommends that the Board adopt the attached Resolution, (Attachment A) re-establishing inmate work forces
from the Albemarle-Charlottesville Regional Jail to work on property owned, leased or operated by the County of
Albemarle and on other property specified in Virginia Code § 53.1-128.
ATTACHMENTS:
A – Resolution
B – May 9, 2012 Resolution of Support for Inmate Workforce/Community Service Program
Return to consent agenda
Return to regular agenda
RESOLUTION AUTHORIZING
THE ALBEMARLE-CHARLOTTESVILLE REGIONAL JAIL
TO ESTABLISH WORK FORCES PURSUANT TO VIRGINIA CODE § 53.1-128
WHEREAS, the County of Albemarle, Virginia is a member of the Albemarle-
Charlottesville Regional Jail; and
WHEREAS, Virginia Code § 53.1-128 allows the County to establish work forces to
work on public property owned, leased or operated by the County; and on other property
specified therein; and
WHEREAS, persons 18 years of age or older who are convicted and confined for any
violation of a local ordinance and who are confined as a punishment or for failure to pay a
required fine, may work in such workforce.
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors for the
County of Albemarle hereby establishes work forces in the County pursuant to Virginia Code
§ 53.1-128 and authorizes persons eighteen years of age or older to work on property owned,
leased or operated by the County and on other property specified therein, when the person is
convicted and confined for any violation of a local ordinance and is confined as a punishment
or is confined for failure to pay a required fine.
Return to exec summary
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
FY 2013 Budget Amendment and Appropriations
SUBJECT/PROPOSAL/REQUEST:
Approval of Budget Amendment and Appropriations
#2013099, #2013100, #2013101, and #2013102, and
#201303 for local government and school division
programs and projects.
STAFF CONTACT(S):
Foley, Letteri, Davis, and Allshouse, L.
PRESENTER (S): N/A
LEGAL REVIEW: Yes
AGENDA DATE:
July 3, 2014
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
Virginia Code § 15.2-2507 provides that any locality may amend its budget to adjust the aggregate amount to be
appropriated during the fiscal year as shown in the currently adopted budget; provided, however, any such amendment
which exceeds one percent of the total expenditures shown in the currently adopted budget must be accomplished by first
publishing a notice of a meeting and holding a public hearing before amending the budget. The Code section applies to all
County funds, i.e., General Fund, Capital Funds, E911, School Self-Sustaining, etc.
The total increase to the FY 13 budget due to the appropriations itemized below is $1,624,942.00. A budget amendment
public hearing is not required because the amount of the cumulative appropriations does not exceed one percent of the
currently adopted budget.
STRATEGIC PLAN:
Mission: To enhance the well-being and quality of life for all citizens through the provision of the highest level of public
service consistent with the prudent use of public funds.
DISCUSSION:
This request involves the approval of five (5) appropriations as follows:
One (1) appropriation (#2013099) totaling $1,524,641.00 for Comprehensive Services Act expenditures;
One (1) appropriation (#2013100) totaling $6,120.00 for the courts facilities appraisals;
One (1) appropriation (#2013101) that transfers $57,564.94 from the Family Support Fund to the General
Fund, reducing the planned use of General Fund fund Balance. The appropriation will not increase the County
Budget;
One (1) appropriation (#2013102) totaling $94,181.00 to adjust the amounts budgeted for the Criminal Justice
Program grants administered by Offender Aid and Restoration; and
One (1) appropriation (#2013103) that transfers $146,715.27 from the Performance Incentive Pool to the
appropriate departments. The appropriation will not increase the County Budget.
RECOMMENDATIONS:
Staff recommends approval of appropriations #2013099, #2013100, #2013101, #2013102, and #2013103 to provide
funds for various local government projects and programs as described in Attachment A.
ATTACHMENTS:
Attachment A – Appropriation Descriptions
Return to consent agenda
Return to regular agenda
Attachment A
Appropriation #2013099 $1,524,641.00
Source: State Revenue $ 1,506,188.00
CSA Fund fund balance $ 18,453.00
This request is to appropriate $1,524,641.00 for Comprehensive Services Act (CSA) expenditures based on
increasing trends and anticipated expenditures for this fund. These expenditures will be funded through
$1,506,188.00 in State revenue and $18,453.00 in CSA Fund fund balance. Because these expenditures can vary
significantly year-to-year, the CSA fund maintains a fund balance for this circumstance.
Appropriation #2013100 $6,120.00
Source: Gen. Gov’t. Capital Fund fund bal $ 6,120.00
This request is to appropriate $6,120.00 from the General Government Capital Fund fund balance to support the
County’s share of the Courts Facility Project appraisal for four parcels, including the Levy Building Facility, the Levy
Building Lot, the Jessup House Facility, and the Market Street Parking Lot. The total cost of the appraisal is
$12,000.00, which is shared with the City of Charlottesville. The County’s share is $6,000.00. The 2% City
Administration fee totals $120.00.
Appropriation #20130101 $0.00
The appropriation will not increase the County Budget.
Source: Family Support Fund Fund Balance $ 57,564.94
General Fund Fund Balance $ (57,564.94)
This request is to appropriate and transfer $57,564.94 from the fund balance in the Family Support Fund. The Family
Support Program provides prevention and intervention services that support children’s growth and development,
strengthens families, and promotes school success through home, school, and community collaboration. The Fund
was initially set up as a separate Fund, but is no longer required to be separated, as the Program is now budgeted in
the General Fund. This will reduce the planned use of General Fund fund balance in FY 12/13 by the same amount.
Appropriation #20130102 $94,181.00
Source: State Revenue $ 69,181.00
Recovered Costs $ 25,000.00
This request is to appropriate $94,181.00 to increase the amounts budgeted for the Criminal Justice Program grants
administered by Offender Aid and Restoration. Criminal Justice Programs are funded through grants from the
Department of Criminal Justice Services and are administered by Offender Aid and Restoration – Jefferson Area
Community Corrections (OAR–JACC). These programs include services under the Pretrial Services Act and
Comprehensive Community Corrections Act.
Appropriation #20130103 $0.00
The appropriation will not increase the County Budget.
Source: Performance Incentive Pool $ 146,715.27
In the FY 12/13 budget, the Board approved $150,000.00 for a performance -based recognition program. The
objective of the program is to award lump-sum bonuses at the end of FY 12/13 to certain employees based on
demonstrated success in accordance with the Local Government mission, values and the recently approved FY13-17
Strategic Plan goals. This appropriation distributes funding from the Performance Incentive Pool to the various
departments based on employee performance.
Return to exec summary
The Board of County Supervisors of Albemarle County, Virgin ia, in regular meeting on the
3rd day of July, 2013, adopted the following resolution:
R E S O L U T I O N
WHEREAS, Timberwood Boulevard, as described on the attached Additions Form AM-
4.3 dated July 3, 2013, fully incorporated herein by reference, is shown on plats recorded in the
Clerk's Office of the Circuit Court of Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has
advised the Board that the street(s) meet the requirements established by the Subdivision Street
Requirements of the Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors
requests the Virginia Department of Transportation to add Timberwood Boulevard, as described
on the attached Additions Form AM-4.3 dated July 3, 2013, to the secondary system of state
highways, pursuant to §33.1 -229, Code of Virginia, and the Department's Subdivision Street
Requirements; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right -of-
way, as described, exclusive of 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.
* * * * *
The road(s) described on Additions Form AM-4.3 is:
1) Timberwood Boulevard (State Roue 1721) from Airport Road, 0.1405 miles north,
as shown on plat recorded in the office the Clerk of Circuit Court of Albemarle
County in Deed Book 4351, page 705, with a 58-foot right-of-way width, for a length
of 0.14 miles.
Total Mileage – 0.14
Return to consent agenda
Return to regular agenda
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Appointment of Assistant Fire Marshal with Police
Powers
SUBJECT/PROPOSAL/REQUEST:
Adoption of a Resolution to appoint Robert Gilmer
as an Assistant Fire Marshal with Police Powers
STAFF CONTACT(S):
Foley, Walker, Davis, Herrick, Eggleston, Oprandy,
Lagomarsino, and Durham
PRESENTER (S): Howard Lagomarsino
LEGAL REVIEW: Yes
AGENDA DATE:
July 3, 2013
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
Albemarle County Code § 6-111 establishes the Office of the Fire Marshal pursuant to Virginia Code § 27-30 and allows
for the appointment of Assistant Fire Marshals pursuant to Virginia Code § 27-36. Albemarle County Code § 6-111 further
provides that the Fire Marshal and/or Assistant Fire Marshals shall be authorized to exercise all of the powers authorized
by Title 27 of the Virginia Code and the Virginia Statewide Fire Code, which includes the authority to be appointed with
police powers as authorized by Virginia Code § 27-34.2:1.
STRATEGIC PLAN:
Mission: To enhance the well being and quality of life of all citizens through the provision of the highest level of public
service consistent with the prudent use of public funds.
Goal 5: Ensure the health and safety of the community.
Goal 7: Promote a valued and responsive County workforce that ensures excellent customer service.
DISCUSSION:
Robert Gilmer was appointed as an Assistant Fire Marshal by the Board on June 6, 2012. At that time, he had not
completed the training classes required to exercise police powers, so he was appointed without that authority.
Assistant Fire Marshal Gilmer completed all of the required training required to exercise police powers on June 7,
2013. The appointment of Robert Gilmer as an Assistant Fire Marshal with police powers is necessary for the efficient
operation of the Albemarle County Fire Marshal’s Office. Adoption of the attached resolution (Attachment A) to appoint
Robert Gilmer as an Assistant Fire Marshal with police powers would authorize him to fulfill all the necessary duties of
the Office of the Fire Marshal and to exercise the same powers as a sheriff, police officer or other law enforcement
officer as provided for in Title 27 of the Virginia Code and the Virginia Statewide Fire Code.
BUDGET IMPACT:
With completion of the training, Robert Gilmer became eligible to be elevated from an Assistant Fire Marshal I
(pay grade 14) to an Assistant Fire Marshal II (pay grade 15) as provided for in the job descriptions of each
position.
RECOMMENDATIONS:
Staff recommends that the Board adopt the attached resolution appointing Robert Gilmer as an Assistant Fire Marshal
with police powers.
ATTACHMENTS:
A: Resolution to Appoint Robert Gilmer as an Assistant Fire Marshal with Police Powers
Return to consent agenda
Return to regular agenda
RESOLUTION TO APPOINT ROBERT GILMER
AS AN ASSISTANT FIRE MARSHAL WITH POLICE POWERS
WHEREAS, Virginia Code § 27-30 provides that the governing body of a county may
appoint a fire marshal and Albemarle County Code § 6-111 establishes the Office of the Fire
Marshal; and
WHEREAS, Albemarle County Codes §§ 6-111, 6-200 and 6-201 recognize the Fire
Marshal as Albemarle County’s Fire Official for the duties and responsibilities as established by
Title 27 of the Virginia Code, the Virginia Statewide Fire Code, and the Albemarle County
Code; and
WHEREAS, Virginia Code § 27-34.2:1 provides that the governing body of a county
may authorize the fire marshal to have the same police powers as a sheriff, police officer or law-
enforcement officers upon completion of the training discussed in such section; and
WHEREAS, Virginia Code § 27-36 provides that the governing body of a county may
appoint one or more assistants, who, in the absence of the fire marshal, shall have the powers and
perform the duties of the fire marshal; and
WHEREAS, on June 6, 2012, Robert Gilmer was appointed as an Assistant Fire Marshal
without police powers; and
WHEREAS, the appointment of Robert Gilmer as an Assistant Fire Marshal with police
powers will promote the efficient and effective operation of the Albemarle County Department
of Fire and Rescue.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of
Supervisors hereby appoints Robert Gilmer as an Assistant Fire Marshal with full police powers
of the Fire Marshal as authorized in Virginia Code §§ 27-34:2:1 and 27-36 and Albemarle
County Code § 6-111.
Return to exec summary
NAPIER SUBDIVISION SPECIAL EXCEPTION
JULY 3, 2013 BOS
1
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
SUB201300067 – Napier Subdivision
SUBJECT/PROPOSAL/REQUEST:
Special Exception from Building Site Requirement under
County Code § 18-4.2.1(b)
STAFF CONTACT(S):
Mr. Benish and Mr. Newberry
LEGAL REVIEW: No
AGENDA DATE: July 3, 2013
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
The applicant proposes to divide approximately 2 acres off of an 11.4 acre parcel known a Tax Map 109, Parcel 1A
(Attachment A). The parcel currently contains two dwellings that access the property from two different public roads
(Attachment B). The applicant lives at 5877 Broken Sun Road and his sister lives at 5771 Heards Mountain Road. The
parcel was granted to the applicant and his siblings in 1994 from their parents. Permitting this subdivision would allow the
applicant and his sister to each own a separate parcel. No new development is being proposed with this application.
County Code § 18-4.2.1(a) requires that each parcel have a building site, which may not contain, among other things, land
within a stream buffer established under the Water Protection Ordinance (County Code Chapter 17). The applicant is
requesting a special exception to waive that requirement.
STRATEGIC PLAN:
Goal 5: Ensure the health and safety of the community.
DISCUSSION:
The proposed subdivision cannot meet the requirement that each parcel created by the subdivision have a building site
with a minimum area of 30,000 square feet that does not contain, as relevant to this application, any land within a stream
buffer. A stream buffer bisects almost the entire property (Attachment B). This stream buffer did not exist in its current
form when the applicant’s home was constructed in 2003. A Water Protection Ordinance amendment in 2008 expanded
the areas where the 100 foot buffer applies and this expansion create d an unusual condition for this property. Following
the amendment, the buffer impacted approximately 75% of the parcel due to its topography and location. The other
dwelling on the property, constructed in 1930, also predates the expansion of the buffer areas.
County Code § 18-4.2.1(b) authorizes the Board to waive or modify any requirement of County Code § 18 -4.2.1(a) by
special exception upon consideration of whether (i) the parcel has an unusual size, topography, shape, location or other
unusual physical condition; or (ii) development in a stream buffer on the parcel was authorized as provided in County
Code § 17-321.
Staff finds that the strict application of County Code § 18-4.2 would unreasonably restrict the proposed 2 acre property
and recomm ends approval of this request. Under current ordinance requirements, no future development on the parent
parcel or residue would be permitted without further waivers or modifications from the Board.
RECOMMENDATION:
Staff recommends that the Board approve the special exception and waive the building site requirement in County Code §
18-4.2 of the Zoning Ordinance.
ATTACHMENTS:
A. Proposed Subdivision Plat dated 6-19-13
B. GIS map showing Water Protection Ordinance buffers
Return to consent agenda
Return to regular agenda
Points of Interest
AIRPORT
COLLEGE/UNIVERSITY
COMMUNITY
FIRE/RESCUE STATION
GOVERNMENT
HOSPITAL
LIBRARY
POLICE STATION
POST OFFICE
RECREATION/TOURISM
SCHOOL
Overlays
Water Protection Ordinanc
Parcel Info
Parcels
Elevation
Y2007 Elevation Contours
Y2007 Critical Slopes (> 2
Attachment B: Water Protection Ordinance Buffers
Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources June 24, 2013
GIS-Web
Geographic Data Services
www.albemarle.org
(434) 296-5832
Legend
(Note: Some items on map may not appear in legend)
202 ft
BRIARWOOD SETBACK VARIATION
JULY 3, 2013 BOS
1
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZMA197900032 – Briarwood Application Plan
SUBJECT/PROPOSAL/REQUEST:
Special exception to allow variation from the side yard
setback shown on the Briarwood Application Plan
STAFF CONTACT(S):
Mr. Benish and Mr. Newberry
LEGAL REVIEW: No
AGENDA DATE: July 3, 2013
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
This property is located in a section of the Briarwood development that was included in the original rezoning approved in
1980. The approved application plan did not designate setbacks on all sections of the development. As a result,
Community Development was required to interpret what was shown on the application plan. Staff consistently required a 6
foot side setback with a minimum 10 foot building separation in this area. The applicant is requesting a special exception
to allow a variation from the side yard setbacks imposed by the approved application plan (Attachment A). The minor
variation of a side yard setback shown on an application plan is authorized by County Code § 18 -8.5.5.3(a)(1).
STRATEGIC PLAN:
Goal 5: Ensure the health and safety of the community.
DISCUSSION:
County tax records indicate this structure was built in 1990. However, a recent physical survey of the property (TMP
0032G0-07-00-00400) shows a bay window encroaching into the 6 foot side setback by 16.92 inches (Attachment B).
Additionally, an onsite inspection revealed that the front porch also encroaches into the side setback by approximately 3.5
feet. The onsite inspection also confirmed a building separation of greater than 10 feet from the single family dwelling on
the property next door (TMP 0032G0-07-00-025A0).
The application notes these improvements were constructed prior to the County’s final inspection and staff found no
evidence to suggest that either improvement was constructed after all final approvals were granted. A special exception
to allow the application plan to be varied to accommodate these improvements is needed to bring it into compliance with
current regulations.
The applicant investigated other possible options to achieve compliance. There is not enough area for a boundary line
adjustment and the only other options are to remove the existing bay window and front porch or seek a variance from the
Board of Zoning Appeals. Staff analysis of the variation request under County Code § 18-8.5.5.3(c) is provided below:
1. The variation is consistent with the goals and objectives of the comprehensive plan.
This request is consistent with the goals and objectives of the comprehensive plan.
2. The variation does not increase the approved development density or intensity of development.
Density is not increased.
3. The variation does not adversely affect the timing and phasing of development of any other development
in the zoning district.
The timing and phasing of any development in this district is unaffected.
4. The variation does not require a special use permit.
A special use permit is not required.
5. The variation is in general accord with the purpose and intent of the approved rezoning application.
This variation is in general accord with the approved rezoning application.
Staff finds that the variations from the setbacks applied in this section of the development are not a significant threat to
health, safety and welfare.
BRIARWOOD SETBACK VARIATION
JULY 3, 2013 BOS
2
RECOMMENDATION:
Staff recommends that the Board approve the special exception, subject to the following condition:
1. The minimum side yard setback for this parcel is 2.5 feet.
ATTACHMENTS:
A. Application for Variation from Approved Plans, Codes and Standards of Development
B. Physical Survey of TMP 0032G0-07-00-00400 dated October 1, 2012
C. GIS map of the subject property and surrounding area
Return to consent agenda
Return to regular agenda
Points of Interest
AIRPORT
COLLEGE/UNIVERSITY
COMMUNITY
FIRE/RESCUE STATION
GOVERNMENT
HOSPITAL
LIBRARY
POLICE STATION
POST OFFICE
RECREATION/TOURISM
SCHOOL
Parcel Info
Parcels
Attachment C
Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources June 25, 2013
GIS-Web
Geographic Data Services
www.albemarle.org
(434) 296-5832
Legend
(Note: Some items on map may not appear in legend)
27 ft
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Albemarle County Building Code Evaluation
SUBJECT/PROPOSAL/REQUEST:
Insurance Services Office, Inc.’s evaluation of
Albemarle County’s Building Code Program
STAFF CONTACT(S):
Foley, Walker, Davis, Kamptner, Graham, Schlothauer
PRESENTER (S): N/A
LEGAL REVIEW: Yes
AGENDA DATE:
July 3, 2013
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION: X
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
Insurance Services Office, Inc (ISO) provides insurance companies and others data that is used for establishing insurance
rates and risk management. There are two local government programs the ISO routinely assesses: 1) community fire
protection and 2) building code effectiveness. Every five years, ISO performs an evaluation of the County’s building code
program through its “Building Code Effectiveness Grading Schedule” (BCEGS). This evaluation is also performed
throughout Virginia and the United States, providing a comparison of the local program to both the state and national
averages. The BCEGS scores the building code program in three areas: 1) Administration of the Building Code; 2) Plan
review for permits; and 3) Field Inspections of the actual construction. The BCEGS uses a scale of Class 1 to Class 10,
where Class 1 “represents an exemplarily commitment to building code enforcement” and Class 10 indicates a seriously
deficient program. This report is then provided to building insurers and others, who use it as one of the factors for
determining community insurance rates. While no data is available to translate a higher rated building code program into
insurance savings, a better score should translate into insurance savings and improve the community’s reputation.
STRATEGIC PLAN:
Goal 5. Ensure the health and safety of the community
DISCUSSION:
ISO completed an evaluation of the Albemarle County Building Code program in February 2013 and the results were
provided to the County in May. The 2013 report (Attachment A) resulted in no classification changes from the 2008
survey for residential buildings and a slight improvement for commercial buildings, with Albemarle County maintaining
a score of Class 4 for the construction of single-family and two-family homes (residential) and improving from a Class
4 in 2008 to a Class 3 in 2013 for other construction (commercial). Referring to Section 6 of the report, the 2013
evaluation shows a small improvement for commercial construction with a score of 77.07 out of 100, compared to a
score of 74.87 in 2008. The 2013 evaluation shows a small decline for residential construction with a score of 67.10
out of 100, compared to a score of 69.79 in 2008. Relative to other localities, Albemarle County does well. As shown
in Section 6 of the report, Albemarle County consistently scored better than the Virginia and United States averages
for all three program areas in both residential and commercial construction. Interestingly, while Albemarle County’s
program consistently scored better than the state and national averages, the workload comparisons in Section 5
(Charts B5-3 and B5-4) show that Albemarle County’s plan reviewers and inspectors have a higher workload than
comparable communities.
Albemarle County strives to be a High Performance Organization and continuously seeks improvement. Referring to
the scoring table in Section 6 of the report, several line items were noted where the County may be able to increase
scores enough to improve its classification ratings by improving its building code program. The easiest change would
allow the County to gain 2 points by updating its inspections checklists, but that alone would not improve the County’s
classification ratings. Looking for additional improvements, three items were noted. Under the plan administration
area, the County scored 5.57 out of a possible 13.0 points on training. Expanding training is currently constrained by
workload. Under the plan review area, the County scored 4.8 out of a possible 9.0 for staffing levels with commercial
construction and 2.86 out of a possible 9.0 for staffing levels with residential construction. Under the field inspection
area, the County scored 5.7 out of a possible 9.0 for staffing with residential construction. By addressing these items, it
appears possible to raise Albemarle County to Class 2 for both the residential and commercial programs.
AGENDA TITLE: Albemarle County Building Code Evaluation
July 3, 2013
Page 2
BUDGET IMPACT:
The current building inspection program is largely supported by fees and no changes are budgeted. Under the policy of
a biennial review of fees with the County’s Building Code (County Code Chapter 5) Regulations, staff plans to review
possible fee changes with the Board later this year. Staff will plan to include consideration of program changes to
improve the ISO classifications as part of that review.
RECOMMENDATIONS:
The report is provided for information only.
ATTACHMENTS:
A – 2013 ISO Report
Return to consent agenda
Return to regular agenda
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
County Grant Application Report
SUBJECT/PROPOSAL/REQUEST:
Summary of grant applications submitted and grants
received from April 15, 2013 through June15, 2013
STAFF CONTACT(S):
Foley, Davis, Walker, White, and Allshouse, L.
PRESENTER (S): N/A
LEGAL REVIEW: Yes
AGENDA DATE:
July 3, 2013
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION: X
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
Pursuant to the County’s Grants Policy and associated procedures, staff provides periodic reports to the Board on the
County’s application for and use of grants.
STRATEGIC PLAN:
Grant awards provide funding to support a variety of projects, the majority of which support Goal 5, Ensure the health
and safety of the community.
DISCUSSION:
The attached Grants Report provides a brief description of the grant applications submitted for the time period of
April15, 2013 and June15, 2013.
All grant funds and matching funds are subject to appropriation by the Board prior to the expenditure of any funds
awarded to the County.
BUDGET IMPACT:
The budget impact is noted in the summary of each grant.
RECOMMENDATIONS:
This report is for information only.
ATTACHMENTS:
Grant Report
Return to consent agenda
Return to regular agenda
GRANT REPORT ACTIVITY from April 15, 2013 through June 15, 2013
Applications were made for the following grants
Return to exec summary
Granting Entity Grant Amount
Requested
Match
Required
Dept. Purpose
Virginia Department of
Emergency
Management (VDEM)
Local Emergency
Management Grant
Program (LEMPG)
Federal
$25,451.88 $25,451.88
ECC Budget
ECC VDEM disburses funds on a reimbursement basis to support
the locality's efforts to develop and maintain a
Comprehensive Emergency Management Program. FY 2013
funds will be made available to each locality utilizing a
formula with a base allocation and per capita basis using the
most recent census figures. The County is eligible for an
increase in its normal LEMPG allocation.
Virginia Department of
Criminal Justice
Services (DCJS)
Byrne Memorial Justice
Assistance Grant
Federal
Continuation Grant
$14,796 0
Police The Police Department plans to use these funds for
community policing overtime activities that most likely
would not occur without this funding resource. These are
likely to include the Police Explorer Program, bike patrols of
neighborhoods and parks, participating in a range of
community events, and perhaps most importantly, various
crime related problem solving projects.
DCJS DCJS-CCCA/PSA
Federal
Continuation Grant
$706,090 0
OAR Provision of pre-trial and probationary services.
U.S. Dept. of Justice
COPS Office
COPS Hiring Program
Federal
$500,000 $261,030
TBD
Police To partially pay for four newly hired Police Officers and
simultaneously create four new School Resource Officer
(SRO) positions at the four County middle schools that do
not currently have SROs.
Va Department of
Agriculture
Agricultural and
Forestal Industries
Development Planning
Grant
State
$20,000 $20,000
County
Matching Funds
Co.
Executive
Office
Hire a consultant to determine the feasibility of establishing
a Virginia Wine Heritage Center in the County.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Crozet Library First Floor Space
SUBJECT/PROPOSAL/REQUEST:
Recommendation for use of the Crozet Library First Floor
Space
STAFF CONTACT(S):
Foley, Letteri, Walker, Davis, Catlin, and Henry
PRESENTER (S): Lee Catlin and Trevor Henry
LEGAL REVIEW: Yes
AGENDA DATE:
July 3, 2013
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: No
REVIEWED BY:
BACKGROUND:
On October 3, 2012, the Board discussed guidelines and preliminary concepts for use of the Crozet Library first floor
space. The first floor of the Library is comprised of approximately 4,796 gross square feet (gsf) of available space, and
includes restrooms and a 700 net square feet (nsf) entrance/lobby area and windows fronting Crozet Avenue. The design
has the lower level split into a larger tenant area of 1,697 nsf and smaller tenant space of 1,038 nsf. As was stressed
during this discussion, the first floor space, with its visual connection to the street and its co-location with the Library in a
prime area of downtown Crozet, is an important potential catalyst for activity and vitality in downtown Crozet.
The Board indicated general agreement with the guiding principles and preliminary concepts. Those concepts, which are
listed below, were also discussed and endorsed at a roundtable of Crozet residents and businesses owners and with
officials of the Jefferson-Madison Regional Library prior to the Board’s review.
Tourism support
Crozet history/heritage
Collaborative workspace
Private sector venture
The Board directed staff to continue exploring these options without eliminating any possibilities and to bring back a
recommendation on space usage for further consideration.
STRATEGIC PLAN:
Goal 2 - Provide community facilities that meet existing and future needs
Goal 3 - Encourage a diverse and vibrant local economy
DISCUSSION:
Following the Board’s direction to explore all identified options, staff proceeded forward on several tracks. The Office
of Facilities Development issued an RFP to assess the possibilities of a private sector venture that could meet the
established criteria while staff from the Office of Community and Business Partnerships explored the viability of
community-serving uses that also would meet the criteria. This approach has yielded a blended set of potential
complementary uses that staff believes will generate a reasonable level of revenue for the space while also
accommodating community uses that will bolster the activity level and revenue potential of downtown Crozet and
tourism assets in western Albemarle and beyond.
The RFP process resulted in a proposal for a retail use that would occupy the larger (1,697gsf) space at fair market
rental value. While details of the proposal are confidential at this time, staff believes that the proposed retail operation
would generate significant community and visitor interest and engagement and would create positive synergy with a
tourism -oriented use in the remaining space on the first floor. Virginia law requires that the Board hold a public
hearing prior to the lease of County property.
AGENDA TITLE: Crozet Library First Floor Space
July 3, 2013
Page 2
Staff has met several times with a consortium of the major tourism partners in the western Albemarle County region,
including:
Shenandoah National Park/Appalachian Trail/Skyline Drive;
Artisans Center of Virginia;
Monticello Wine Trail;
Charlottesville Albemarle Convention and Visitors Bureau;
Piedmont Council for the Arts; and
Albemarle County Parks and Recreation.
All of these partners have expressed great interest in the concept of an “Adventure Outpost” headquartered at the
Library that would serve as a gateway and promotional venue for the significant cluster of tourism assets in the area.
The County does not have a focal point for our rich inventory of outdoor recreational and adventure-oriented options,
and the partners felt that there was a niche for this type of “launching point” that would have a more active and
engaging ambience than a traditional visitor center. While the space is small and would not involve staff from every
attraction, the partners have all committed to supporting the “Adventure Outpost” with materials, programming and
other services.
As mentioned in the October 3, 2012 executive summar y, the agreement establishing the Charlottesville Albemarle
Convention and Visitors Bureau (CACVB) mandates that CACVB operate and maintain “at least one visitor center
within the City and at least one visitor center in the County.” Currently, there is not a visitor center in the County, and a
location in the Crozet Library could satisfy that requirement while generating some yet to be determined level of rental
income. The Department of Parks and Recreation has also expressed a willingness to provide some level of staffing
support for the “Adventure Outpost” since it would strongly align with their mission.
Taken together, the potential private sector tenant and the “Adventure Outpost” would meet the guiding principles
established for the space while generating income from a significant amount of the space and supporting the visibility
and viability of the County’s tourism industry. The guiding principles are:
Create foot traffic/pedestrian activity for downtown Crozet to maximize activity and revenues for other
downtown businesses
Create a lively street front presence for this important frontage on Crozet Avenue
Generate revenue to help cover the County’s expense
Ensure that all space usage would be compatible with the Library’s mission and operations
Maintain flexibility in the space and operate under the understanding that at some point in the fut ure
the space could convert to Library usage
As discussed during the October Board meeting, staff recommends proceeding with a base level of upfit for the
currently unfinished spaces. The project has previously budgeted $150,000 to complete an upfit that will provide
finished ceilings, drywall over concrete or CMU walls, and medium -grade carpet, as well as electrical and mechanical
tie ins. This scope of work would be required for eventual occupancy and use by the Library.
BUDGET IMPACT:
The cost to complete a base level upfit of the lower level spaces will be approximately $150,000. This budget has
been planned for and does not require any additional appropriations. Fair market rental income from the leased
space will offset some project expenses.
RECOMMENDATIONS:
Staff recommends that the Board:
(1) approve the blended approach described above and direct staff to negotiate a lease with the
proposed retail tenant for the larger space, and to advertise a public hearing for public input for the
Board to consider its approval of the lease;
(2) direct staff to finalize details of the “Adventure Outpost” concept for final Board approval; and
(3) approve completion of a base upfit of the first floor while the General Contractor for the Library project
is still on site.
Return to agenda
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
The Crossings at 4th and Preston
SUBJECT/PROPOSAL/REQUEST:
Status of Approval for Project-based Vouchers
STAFF CONTACT(S):
Foley, Davis, Walker, and White
PRESENTER (S): Ron White
LEGAL REVIEW: Yes
AGENDA DATE:
July 3, 2013
ACTION: INFORMATION: X
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
Albemarle County signed an Agreement to Enter into a Housing Assistance Payment Contract (AHAP) with Virginia
Supportive Housing on April 28, 2011, committing nine (9) Housing Choice Vouchers to The Crossings. At that time, we
had been provided information from the City of Charlottesville, the Charlottesville Redevelopment and Housing Authority
(CRHA), and Virginia Supportive Housing (VSH) that all requirements had been met to commit the vouchers. CRHA had
already executed an AHAP for their commitment of twenty-one vouchers. In February 2012, VSH notified us that the
project would be completed in early March, and we prepared nine potential tenants for move-in.
The Crossings contains sixty studio apartments with thirty assisted through housing vouchers and thirty available to
anyone. When VSH notified us that the rents for the units assisted with vouchers would be over $100 more than the
unassisted units, we requested assistance from HUD-Richmond because this was not our understanding of federal
regulations regarding comparable rents. In the course of HUD staff providing a response, they also indicated that they had
not reviewed a number of things necessary for HUD approval and that we were not authorized to execute a Housing
Assistance Payment Agreement. Subsequent correspondence with HUD identified specific issues that were deemed not
completed in accordance with guidance provided by HUD in September 2011. Because all of the issues related to the
execution of the April 28, 2011 AHAP, HUD suggested that we correct those issues that we could and submit a request for
waivers for those that we could not. These issues included:
The need to revise our PHA 5-Year Plan which was approved by HUD on July 29, 2010 because it did not contain
information on the use of project-based vouchers;
The need to update our Administrative Plan to include policies related to project-based vouchers;
The need to have an Environmental Review (ER) and Subsidy Layering Review (SLR) completed and approved by
HUD or an authorized responsible entity, both statutory requirements; and
The potential need to request certain regulatory waivers particularly related to the execution of the AHAP prior to
the certifications of the ER and SLR.
STRATEGIC PLAN:
Ensure the health and safety of the community.
DISCUSSION:
To begin addressing issues noted by HUD, the Board approved an updated PHA Plan and Administrative Plan and
they were submitted to HUD in June 2012. HUD approved the PHA Plan and commented on the Administrative Plan,
which was revised and resubmitted in September 2012 after Board approval. A request for various waivers was made
at the time the revised Administrative Plan was submitted. There was no further guidance or comments from HUD
until late February 2013 and in a follow-up conference call on March 5, 2013. While we had believed that HUD-
Richmond was working with HUD-Headquarters, we learned during this call that our waiver request was still in
Richmond and we would need to revise it by narrowing our requests to specific subsections of the applicable
regulations. When asked why our waiver request was still in Richmond, HUD’s response was that they were working
with other communities on similar requests which were taking priority because those requests involved unoccupied
units, costing the owner significant losses in receipt of equity investments from housing tax credits. As noted in the
attached timeline (Attachment A), we resubmitted our request for waivers on April 9, 2013. HUD did not respond or
acknowledge receipt until May 17, 2013, after a phone call was made requesting a response. The Board received a
letter dated May 28, 2013 in response to its letter to HUD sent on April 10, 2013.
AGENDA TITLE: The Crossings at 4th and Preston
July 3, 2013
Page 2
Given the lengthy process for receiving approval of waiver requests and the County’s need to get this approval before
August 31, 2013, City and County staff began discussing how assistance may be obtained from someone in
Headquarters to expedite approval of our requests. Fortuitously, HUD Deputy Secretary Maurice Jones was a
luncheon speaker at a housing forum held at the Boar’s Head on June 14, 2013 and he agreed to a short meeting to
discuss this matter. After being provided information about this matter, we are hopeful there will be some positive
follow-up from him or other Headquarter’s staff prior to the July 3 Board meeting.
BUDGET IMPACT:
The Board committed to provide local general funds to support rents for nine units in The Crossings for up to
twelve months. This commitment ends August 31, 2013. The FY13 appropriation was $53,640 for ten months
and $10,728 is appropriated in FY14. To date, $49,287 has been expended to cover rents through July 31, 2013.
After August rents are paid, we should have a balance of $11,206 if the FY13 balance is reappropriated.
RECOMMENDATIONS:
At this time, this update is provided for information only. Staff may recommend a reappropriation of the FY13 balance
if there is some certainty or assurance from HUD on the approval to issue vouchers. This balance would cover an
additional three months for the current seven (7) residents.
ATTACHMENTS:
A-Timeline of Activities
Return to agenda
MEMORANDUM
Prepared by: Ron White
SUBJECT: Status of Assistance for The Crossings at Fourth and Preston
DATE: April 1, 2013; Updated: June 18, 2013
As a brief background, Albemarle County signed an Agreement to Enter into a Housing Assistance
Payment Contract (AHAP) with Virginia Supportive Housing on April 28, 2011 committing to provide
nine (9) Housing Choice Vouchers to The Crossings. At that time, we had been provided information
from the City of Charlottesville, the Charlottesville Redevelopment and Housing Authority (CRHA), and
Virginia Supportive Housing (VSH) that all requirements had been met to commit the vouchers. CRHA
had already executed an AHAP for their commitment of twenty-one vouchers. In February 2012, VSH
notified us that the project would be completed in early March and we prepared nine potential tenants for
move-in.
The Crossings contains sixty studio apartments with thirty assisted through housing vouchers and thirty
available to anyone. When VSH notified us that the rents for the units assisted with vouchers would be
over $100 more than the unassisted units, we requested assistance from HUD-Richmond since this was
not our understanding of federal regulations regarding comparable rents. In the course of HUD staff
providing a response, they also indicated that they had not reviewed a number of things necessary for
their approval and that we were not authorized to execute a Housing Assistance Payment Agreement
(HAP). On March 27, 2012 HUD staff called to our attention a Public and Indian Housing Notice #2011-
54 which was issued on September 20, 2011 providing guidance on these items, most of which were to be
completed prior to executing an AHAP. A number of conference calls were conducted beginning on
April 6, 2012 with HUD staff briefly describing the issues that they identified and referring us to the
regulations found in 24 CFR 982 and 983. Very little guidance was provided on how we could resolve
the issues which they identified being both statutory and regulatory in nature. The following is a timeline
on what transpired after the April 6 call.
4/9/12 – Received e-mail from HUD indicating we would need to revise our Administrative Plan and
Annual Plan for the administration of the Housing Choice Voucher Program.
4/15/12 and 4/25/12 – Conference calls between HUD and a number of other agencies who had similar
deficiencies for other projects in the state.
6/6/12 – Board held a public hearing on the revised Administrative and Annual Plans. Both approved
Plans submitted to HUD for review and comment.
8/1/12 - Received HUD comments on Administrative Plan requesting additional revisions. The Board
also approved providing general funds for up to twelve months to house the nine approved tenants at The
Crossings.
9/5/12 – Board approved the second revision of the Administrative Plan – Plan submitted to HUD.
MEMO
April 1, 2013 updated June18, 2013
The Crossings – Page 2
9/7/12 – Received a letter from HUD providing guidance in seeking regulatory waivers.
9/18/12 – Letter requesting waivers was sent to HUD.
12/6/12 – e-mailed HUD and copied Richmond Field Office Director inquiring the status on waiver
request.
12/31/12 – Received e-mail for Field Office Director stating that the Field Office was “awaiting a reply
from our Washington Headquarters Office on many issues that you have attempted to address. I hope that
we will hear back before the end of January.”
NOTE: Shortly thereafter, I received a call from the Richmond Public and Indian Housing Director who
reiterated that Richmond was waiting for a response from Washington.
2/26/13 or 2/27/13(?) – The Richmond PIH Director stopped by the office for a brief visit. This was the
first time that I became aware that our waiver request was still in Richmond and had not gone to
Washington. He explained that they were working with Washington on waivers for a similar project with
similar issues located in Chesapeake.
3/5/13 – Conducted a conference call with Richmond HUD staff. They confirmed that our waiver request
was still in Richmond and based on what was happening with the waivers for Chesapeake, we would
likely have to redo ours. I asked for them to provide me with what they knew at that time so that I could
begin making a revised request. I asked that they keep me informed regarding the process for Chesapeake
and also let me know when they receive approval. They agreed to do so.
3/13/13 – Received a call from VSH informing me that the Chesapeake project received approval on all
of its waivers, many of which were similar to waivers requested for The Crossings.
3/18/13 – VSH forwarded copies of the Chesapeake letter requesting waivers and the memo from HUD-
Washington approving the waivers. I subsequently spoke with the Director of Chesapeake
Redevelopment and Housing Authority (CRHA) and learned that although their waivers were approved,
the approval was subject to the completion of a Subsidy Layering Review (SLR) which is a statutory
requirement and cannot be waived administratively.
3/22/13 - Spoke with Jim Tolbert with the City of Charlottesville who agreed to work with VSH on
completing the submission required for the SLR. I also sent an e-mail referencing what may be needed
for the review and for a possible revision of the Environmental Review Record to include a mention of
project-based vouchers in the project.
3/26/13 – Sent a letter to HUD-Richmond regarding the issues discussed in the 3/5/13 conference call.
The letter also requested any future correspondence to be in writing and the immediate identification of
any other issues not included in the 3/5 call.
MEMO
April 1, 2013 updated June 18, 2013
The Crossings – Page 3
UPDATES
4/9/13 – Sent the revised waiver request to HUD-Richmond.
5/1/13 – Sent the Environmental Review Amendment to HUD-Richmond & received automatic response
that two of the three addressees received the e-mail.
5/13 or 14/13 – Called Robert Davenport with HUD-Richmond to get a status of our waiver requests. He
was not prepared to provide much on the status of our request but he did bring up a new issue indicating
that they were concerned that we had already let individuals move into the units. I informed him that we
did so with the encouragement of Carrie Schmidt who is the Director of the Richmond HUD office. I
requested a written status of the request within a week. I received that on 5/17/13.
5/16/13 – Spoke with Allison Bogdonavic from Virginia Supportive Housing regarding the issue brought
up by HUD on individuals already living in the units. During this conversation she mentioned that Kathy
McHugh from the City of Charlottesville was questioning whether the City had authority to complete the
required Subsidy Layering Review. I later spoke with Kathy and suggested that she seek guidance from
Robert Davenport at HUD. On May 28, 2013, Kathy received a response from HUD providing additional
guidance on the completion of the SLR.
5/17/13 – Received a letter from Jerryl Bennett, Richmond PIH Director, confirming that they had
received my letter from March 26 and waiver request dated April 9. The only status provided was that the
requests were under review and that we would be contacted if there were additional questions.
5/31/13 – Received copy of letter to Ann Mallek from Jerry Bennett, Director of PIH acknowledging the
County’s letter of April 10. Mr. Bennett stated that “staff in the (County’s) Office of Housing is striving
to carefully and responsibly address each of the challenging issues to establish compliance…” This
statement seems to say that they are waiting on us although we have provided everything that they have
requested to date.
6/11/13 – Met with Kathy McHugh (City), Connie Dunn (CRHA Director), and two representatives from
Virginia Supportive Housing to discuss how we can get HUD to review and approve or disapprove the
vouchers for The Crossings. This discussion included how we may best approach Deputy Secretary
Maurice Jones when we meet with him on Friday (6/14).
6/14/13 – Met, along with City, CRHA, and VSH staff with Deputy Secretary Maurice Jones who seemed
very interested in The Crossings and understanding of our issues under review at the Richmond Field
Office. He asked specifically about our “deadline” for resolving and I informed him it is August 31. We
asked for any assistance that he could provide in getting our waiver request moving and also to expedite a
Subsidy Layering Review. We also proposed a second option which may be considered and may be
easier to get approval if HUD allows us to treat the project as existing housing. This option would also
provide more protection for existing tenants which would address the more recent issue of tenants already
occupying the units. He asked to see the development and after his luncheon speech, I transported him to
it. He met staff and a resident who is a formerly homeless veteran. Sec. Jones had mentioned the need to
do more for homeless vets during his speech. He was appreciative of the opportunity to discuss and see
the project and indicated it gives him a better understanding of what we are trying to do. He promised he
would get “on this” when he returned to Washington.
Return to exec summary
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Water Resources Program Development
SUBJECT/PROPOSAL/REQUEST:
Work session to discuss the County’s stream health
goals, and funding and implementing programs to achieve
those goals.
STAFF CONTACT(S):
Foley, Walker, Letteri, Davis, Kamptner, Graham,
Shadman, Brooks, and Harper
PRESENTER (S): Greg Harper and Glenn Brooks
LEGAL REVIEW: Yes
AGENDA DATE:
July 3, 2013
ACTION: INFORMATION: X
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
County policies, such as those included in the Strategic Plan and the Comprehensive Plan have set aggressive goals for
protecting natural resources, including water resources. Moreover, various new State mandates – including the
Chesapeake Bay TMDL – require that the County’s existing programs be expanded and new programs introduced. In
anticipation of these program development needs, the Board has indicated a desire to consider establishing a dedicated
funding mechanism. These circumstances create an opportunity for the Board to consider, as a whole, the County’s long-
term water resources objectives, the level and timing of future program implementation, and an appropriate funding
arrangement.
Due to the breadth and complexity of the topic, staff thinks that the Board would best benefit from a series of work session
discussions over the course of the next four to six months. Accordingly, staff proposes the following discussion guidelines:
July 3rd Work Session:
Where We Are Now? Review County policies, currently implemented programs, stream health and impairments, and
new mandates. This work session is informational and no direction is requested.
Future Work Sessions:
Where Do We Want To Be? Taking into consideration policies, mandates, and stream conditions, discuss and agree
on 20-year water resource objectives and metrics.
How Do We Get There? Based on the proposed objectives, determine the level of program implementation
necessary to meet the 20-year objectives. The Board will have the opportunity to consider those programs required
and to determine if the objectives need refinement.
How Do We Pay For It? Based on the earlier outcomes, declare a preference for a funding arrangement suitable to
support the future programs. Staff will then proceed with developing a detailed funding arrangement for future
consideration by the Board.
Finally, recognizing the complexity of these decisions, staff realizes that additional opportunities for discussion and
consideration may be required so that specific objectives can be tested against resource requirements and then revisited
and modified as determined by the Board. In that case, it may prove necessary to divide this process into stages, allowing
the time-sensitive mandate changes to move forward more quickly to meet prescribed deadlines.
STRATEGIC PLAN:
Goal 4a: Work in conjunction with key stakeholders to protect the health of our local waterways and other critical
natural resources.
DISCUSSION: [The following is a summary of a more extensive report included as Attachment A.]
County Policy
Albemarle County has long considered the protection of natural resources, including water resources, a primary goal.
Beyond the current Strategic Plan goal stated above, the Natural Resources section of the Comprehensive Plan
includes the goal to “Preserve and manage the County’s natural resources in order to protect the environment and
conserve resources for future use.” In support of this goal, the Natural Resources section includes 18 objectives and
45 strategies related to protecting water resources, more than any other element of the Comprehensive Plan. In
AGENDA TITLE: Water Resources Program Development
July 3, 2013
Page 2
addition, the County’s citizen surveys have regularly listed protecting water resources as one of the most important
functions of local government with comparable importance to that of police and fire protection. The County’s
commitment in this regard is demonstrated by establishing a number of programs beyond what is required including
the construction and maintenance of regional stormwater maintenance facilities, and the adoption of certain land
disturbance regulations related to stream buffers, critical slopes, erosion and sediment control, stormwater
management, and groundwater management.
Current Programs
Even with reduced overall staffing capacity, the County currently implements a meaningful water resources program
employing the equivalent of approximately 10 FTEs at an annual cost of approximately $900,000. Multiple
departments are responsible for implemented program elements. A staff organizational chart focused on water
resources is included as Attachment B. The programs currently implemented are as diverse as public education,
regulating development, emergency spill response, and capital projects. A comprehensive listing of water resources
protection programs and activities is included as Attachment C.
Stream Health and Impairments
Despite the County’s commitment to water resources protection, the majority of streams in the County would likely fail
Virginia’s standard for stream health and would be considered impaired. Streams are assessed by the Virginia
Department of Environmental Quality (DEQ) using chemical and biological data collected by DEQ and by various other
organizations. DEQ’s 2010 Water Quality Assessment Integrated Report indicates that, of the streams within
Albemarle County sufficiently assessed to make a determination, approximately 70% are impaired. This conclusion is
consistent with a 2011 StreamWatch Land Use Study estimating that – based on the relationship between land use
and stream health – 70% of the streams within the Rivanna River watershed would fail Virginia’s standard.
StreamWatch further predicts that future land use intensification in rural areas will lead to a reduction in the number of
healthy streams by about one-third over the next 20 years.
DEQ is required to prepare plans to restore all impaired waters through a process commonly referred to as a TMDL
(“Total Maximum Daily Load”), which means the maximum pollution amount a waterbody can assimilate over a given
time period while still remaining healthy. However, the term is also used to describe the entire analysis and planning
process for assessing the stream. The process includes identifying impaired waters, determining the pollution limits for
these waters, and developing an implementation plan to reduce pollution loads to the determined limits.
Implementation plans typically include an assignment of pollution reductions to the sources of the pollutant, including
urban areas.
Many waters within the County are included on DEQ’s impaired waters list (see the map included as Attachment D).
However, implementation plans have only been developed for some of these impaired waters, including the Rivanna
River, Meadow Creek, and Moores Creek. The County’s role in restoring impaired waters will be briefly discussed in
the following section on new mandates.
Scientific research indicates that stream health is directly correlated with land use. Highly forested areas generally
produce the healthiest streams. But as land use intensifies, the amount and intensity of runoff increases and pollutants
from the watershed are more easily conveyed into streams. As one would expect, urban streams are generally the
most impaired. But many rural streams have deteriorated as well. StreamWatch found that, even for land use
categories averaging 70% forest cover and having only a single home for every 17 acres, more than half of the
streams were impaired. Fortunately, it is more likely that these marginally impaired streams can be restored to a
healthy condition than highly urban streams where it would be very difficult to bring them into attainment with Virginia’s
standards.
New Mandates
As part of State and regional efforts to address stormwater pollution and impaired waters in Albemarle County, the
County has been delegated the responsibility to implement the following new or enhanced programs:
Municipal Separate Storm Sewer System (MS4) permit update – Beginning July 1, 2013, the County will be
regulated under a new 5-year permit through DEQ as the “operator” of an MS4. Multiple program elements must
be substantially updated to be consistent with new requirements, including many related to addressing stream
impairments such as TMDLs.
AGENDA TITLE: Water Resources Program Development
July 3, 2013
Page 3
TMDLs – Under the authority of the new MS4 permit, the County is required to develop, by July 1, 2015, a detailed
action plan to achieve pollutant load reductions allocated to the County’s urban areas as part of the Chesapeake
Bay TMDL process. In addition, by July 1, 2016 the County must develop action plans for any local TMDLs that
have associated load reduction allocations; these presently include an e. Coli reduction for the Rivanna River and
some of its tributaries and a sediment reduction for the Rivanna River.
Virginia Stormwater Management Program (VSMP) – Like most other local governments in Virginia, by July 1,
2014, the County must adopt and implement a local VSMP consistent with State regulations. This program
expands the responsibilities of the County’s existing regulatory program for development and other land disturbing
activities. This mandate will require various amendments to the Water Protection Ordinance and is anticipated to
require new County resources. A draft ordinance with an implementation plan that includes resource requirements
must be submitted to Virginia no later than December 15, 2013 and then adopted no later than April 1, 2014.
BUDGET IMPACT:
This worksession is intended to provide background information. A discussion of budget impacts will be deferred
to a later work session.
RECOMMENDATIONS:
This report is provided for information only and no action is required at this time. Staff will seek the Board’s input in
follow-up work sessions regarding the development and funding of programs to support water protection goals.
ATTACHMENTS:
A – Water Resources Program Development – Full Report
B – Water Resources Organization Chart
C – Listing of Current Water Resources Programs
D – Map: Condition of Albemarle Waterbodies
Return to agenda
ATTACHMENT A
July 3, 2013 Water Resources – Integrated Planning Process Page 1
Water Resources Program Planning & Funding
(1st of 4 reports)
Introduction
County policies such as the Strategic Plan and Comprehensive Plan have set aggressive goals for the
protection of natural resources, including water resources. But program implementation is currently
strained due to staffing and budget reductions. Moreover, various new State mandates – including the
Chesapeake Bay TMDL – require that the County’s existing programs be expanded and new programs
introduced. In anticipation of approaching program development needs and necessary increases in
staffing, the Board has indicated a desire to consider establishing a dedicated funding mechanism.
The specifics of a funding mechanism can’t be meaningfully discussed without first deciding on the
variety and scale of the programs it would support. And the degree of program implementation should
be considered only after first establishing desired goals – for instance, through some metric of stream
health. This is a good opportunity for water resources program planning – an occasion for the Board to
comprehensively review water resources conditions and programs, to establish expectations for the
future, and to express its preference for an implementation level and funding mechanism.
Work Session Schedule
Due to the amount of information which must be considered as part of this process, several work
sessions with the Board are recommended per the following schedule:
July 2013 Future Work Sessions
(1)
Where are we
now?
(2)
Where do we
want to be?
(3)
How do we
get there?
(4)
How do we
pay for it?
overall planning
process
County policies and
goals
current status of
programs
stream health and
causes of
impairments
new mandates
future scenarios for
level of program
implementation
anticipated effect of
programs on stream
health
more details
regarding future
program scenarios
estimated staffing
needs and costs of
each scenario
review program level
and estimated costs
types of funding
mechanisms
pros and cons
opportunities for
creating public
incentives
CURRENT CONDITIONS DESIRED COMMITMENT
TO STREAM HEALTH
LEVEL OF PROGRAM
IMPLEMENTATON
FUNDING MECHANISM
July 3, 2013 Water Resources – Integrated Planning Process Page 2
Work Session 1: Where Are We Now?
This report will focus on the topic of the first planned work session – establishing perspective for future
discussions. This session will include a review of the County’s existing goals and policies pertaining to
water resources, a description of the various programs currently implemented with some historical
background, a depiction of the current condition of the County’s waterbodies, an explanation of the
causes of impairments, and an introduction to several new mandates the County must begin to address.
County Policies and Goals
Albemarle County has long considered the protection of natural resources, including water resources, a
primary goal.
The Natural Resources section of the Comprehensive Plan is anchored by the overarching goal to
“Preserve and manage the County’s natural resources in order to protect the environment and conserve
resources for future use.” Following this goal, the Water Resources section includes 18 objectives and
45 strategies related to the protection of water resources, more than in any other element of the
Comprehensive Plan. The principles related to Water Resources are worth summarizing:
1. surface and groundwater systems are interconnected
2. people depend on local water resources for health and well-being
3. we must strive to use water resources efficiently
4. land use and development should minimize impacts to water resources
5. all citizens share responsibility for protecting water resources
Strategic plans have typically included a goal generally espousing the protection of waters. The FY13-17
Strategic Plan includes the following goal: 4.a – Work in conjunction with key stakeholders to protect the
health of our local waterways and other critical natural resources.
Finally, the County’s citizen surveys have regularly listed the protection of water resources as one of the
most important functions of local government – having a comparable level of importance to that of
police and fire protection.
History
The County’s commitment to water resources protection is demonstrated by the establishment of many
programs prior to and beyond requirements of federal and state mandates. From the 1970s, Albemarle
County voluntarily adopted various rules and programs to address local concerns. These include:
1971 – first Comprehensive Plan adopted
1972 – recognition of a special need to protection water supply areas
1975 – soil erosion and sedimentation control ordinance enacted
1977 – adoption of a runoff control ordinance applicable in water supply areas
1978 – urban stormwater ordinance adopted
1979 – position of watershed management official created
1980 – adoption of Growth Area Land Use Plan
July 3, 2013 Water Resources – Integrated Planning Process Page 3
1982 - down-zoning of the rural areas
1998 – Crozet interceptor becomes operational
1991 – voluntary adoption of stream buffer protection under Chesapeake Bay Preservation Act
1993 – construction of Lickinghole Basin complete (for sediment control)
1998 – various rules (stormwater management, erosion and sediment control, stream buffer)
were consolidated into the Water Protection Ordinance (WPO)
2004 – adoption of groundwater management program and critical slopes protection
2006 - present – construction of stormwater demonstration projects, including green roof
Decades of progressive environmental initiatives resulted in Albemarle gaining a reputation as being a
local government leader in water resources protection.
Snapshot of Current Programs
Although a few staff positions were lost during the economic downturn, the equivalent of approximately
10.3 full-time employees are, nevertheless, currently engaged in activities related to protecting water
resources. Attachment B is an organizational chart with a focus on water resources, highlighting those
staff having day-to-day responsibilities related to program implementation. As indicated, multiple
departments – including Community Development, General Services, Public Schools, Fire Rescue, Parks
and Recreation, and the Office of Facilities Development – employ staff who contribute towards water
resources programs.
The chart below represents the equivalent full time employees engaged in each primary program
function. As indicated, Community Development activities [in blue] account for approximately 60% of
the staffing; General Services implements the majority of the remaining activities. The total annual cost
of implementing these programs is approximately $1 million; about 80% of this is for staff salaries.
planning, 0.2
development
plan review,
2.1
development
inspections, 3.8
public
education, 0.4
IDDE, 0.5
pollution
prevention ,
0.4
CIP planning,
0.2
post-
construction
inspection, 1.2
maintenance,
0.9
project
management,
0.6
Water Resource Functions &
Equivalent FTEs
July 3, 2013 Water Resources – Integrated Planning Process Page 4
As previously implied, the motivation behind the establishment and implementation of these programs
varies. Some programs were initiated voluntarily but became the core of programs later mandated. For
instance, a soil erosion and sediment (E&S) control program was enacted in Albemarle County in 1971 in
response to local concerns. Then, in 1980, Virginia initiated a state-wide program which Albemarle
chose to implement locally by modifying its program. Only now, as part of the mandated VSMP
(discussed later in this document), will the County actually be required to implement a local E&S control
program.
Alternatively, some programs – such as the County’s stream buffer protection program – have never
been required. The County has been implementing this program voluntarily under the authority of the
Chesapeake Bay Preservation Act (CBPA). In the future, this program will help the County meet new
TMDL mandates through limiting land cover disturbances within buffer areas.
Finally, some programs were not implemented until they were mandated, such as the illicit discharge
detection and elimination program required under the County’s MS4 permit.
The following graphic summarizes major water protection programs and the basis for their
implementation.
A more detailed listing of programs and activities is provided as Attachment C. The departments
implementing the programs are listed in brackets.
July 3, 2013 Water Resources – Integrated Planning Process Page 5
It should be noted that, unlike most cities and some counties, the County does not own and maintain an
extensive storm sewer system – inlets, pipes, channels and culverts which convey stormwater. VDOT
maintains the storm system within their right-of-way and private landowners are generally responsible
for the stormwater management systems and conveyance infrastructure within their property. An
exception to this is that some storm systems lie within easements that have been dedicated to the
public; as a policy, the County will make repairs to infrastructure within public easements.
The County has enacted a variety of strong rules and policies to fulfill the forward-thinking goals set
forth in Comprehensive and Strategic Plans. Various departments work together to best meet voluntary
and mandated responsibilities. Fully implementing the consequent programs has lately been made more
difficult due to some staffing reductions and increasing obligations.
Stream Health and Causes of Impairment
Despite the County’s long-standing commitment to protecting water resources, it is likely that the
majority of steams in the County would – today – fail Virginia’s biological standard and, thus, be
consider impaired. Local impairments are caused by a variety of land uses and activities: stressors that
are both under – and beyond – the authority of the County.
Stream Health
Streams are assessed by the Virginia Department of Environmental Quality (DEQ) using chemical and
biological data collected by themselves
as well as various other organizations,
including the U.S. Environmental
Protection Agency (EPA), the U.S. Parks
Service, and citizen monitoring groups
such as StreamWatch. The monitoring
results are compared to water quality
standards required to support the
designated uses assigned to each
waterbody. If the observed values are
poorer than the standards associated
with the designated use, the waterbody
is said to not support its designated use
and is deemed impaired.
DEQ is required by the Clean Water Act
to publish the results of their state-wide assessment program every even-numbered year in a document
entitled Water Quality Assessment Integrated Report. The status of Albemarle County’s streams and
reservoirs according to the most recent (2010) Report is depicted in Attachment D and summarized as
follows:
Streams
healthy
insufficient data
impaired
39.9 miles
266.9 miles
89.3 miles
10% (31%)
67%
23% (69%)
Reservoirs
healthy
impaired
577 acres
166 acres
78%
22%
July 3, 2013 Water Resources – Integrated Planning Process Page 6
benthic
31%
benthic, pH
2%
benthic,
bacteria
11%
bacteria
41%
bacteria and
PCBs
4%
PCBs
7%
DO
4%
Causes of Stream Impairments
As indicated, for about two-thirds of the streams within the County there is not enough collected data
to make a determination as to whether the stream is healthy or impaired. For the streams in which a
determination was made, 31% of stream miles were healthy and 69% were impaired. The causes of
County stream impairments are summarized in the following pie chart. Note that the term benthic –
which means “bottom-dwelling” – denotes that a stream is not supportive of a healthy and diverse
aquatic life as indicated by assessments of macro-invertebrate organisms (aka, bug counts).
Of the major reservoirs within
the County, only Beaver Creek
Reservoir and Ragged Mountain
Reservoir are impaired; the
impairment is due to acidity
caused by atmospheric
deposition (acid rain).
Otherwise, the reservoirs are
fully supporting their uses.
StreamWatch has provided an
independent assessment of
streams within the Rivanna River
watershed. According to their
2011 analysis, 45% of the 22
monitoring stations within the
County represent healthy stream
reaches and 55% represent
impaired reaches. But these monitoring stations are not necessarily representative of the County as a
whole so they can’t be compared to the DEQ conclusions. More applicable is their 2011 Land Use Study
that – using correlations between stream health and watershed characteristics – predicts 70% of
streams within the Rivanna
River watershed would fail
the Virginia standard if
assessed.
Both the DEQ report and
StreamWatch study predict
that only about 30% of the
streams within the County
are healthy by Virginia
standards. StreamWatch
additionally concludes that,
based on over six years of
collecting data at its
representative monitoring
sites, the overall condition of
streams within the Rivanna
basin has not undergone any
detectable change.
Source: StreamWatch, 2011
July 3, 2013 Water Resources – Integrated Planning Process Page 7
Restoration Plans
DEQ is required to prepare plans to restore all impaired waters through a process commonly referred to
as a TMDL. This acronym strictly stands for “Total Maximum Daily Load”, which is the maximum
pollution amount a waterbody can assimilate over a given time period while still remaining healthy. For
instance, the TMDL for Meadow Creek is 1,346 tons per year for sediment, the pollutant causing the
creek’s impairment.
The term TMDL is more often used to describe the entire analysis and planning process for assessing and
restoring a waterbody. The process includes identifying impaired waters as described above,
determining the pollution limits for these waters, and developing an implementation plan to reduce
pollution loads to the determined limits. Therefore, the term Chesapeake Bay TMDL is typically meant to
refer to the restoration process and not merely the determined pollutant load limits.
It should be noted that TMDL implementation plans – or watershed implementation plans (WIPs) –
typically include an assignment of pollution reductions to the sources of the pollutant, including urban
areas.
Causes of Impairments
Scientific research indicates that stream health is directly correlated with land use. Highly forested areas
generally produce the healthiest streams. But as land use intensifies, the health of streams and other
waters generally declines. This is primarily due to 1) an increase in the intensity and volume of runoff
from the watershed, leading to channel scour and subsequent sedimentation and 2) the introduction of
more pollutants into the watershed and more efficient pathways for these pollutants to reach streams.
The primary land use changes and activities that can
lead to impairments include:
1) land disturbance (construction sites)
2) increasing imperviousness resulting in
greater flow rates and volumes
3) direct connections from sources to streams
(gutters, inlets, and storm pipes)
4) buffer and channel impacts (clearing along
streams, livestock in streams)
5) sources of pollutants (nutrients, bacteria,
hydrocarbons, metals)
The County programs described in the section above serve to minimize or mitigate the impacts resulting
from these activities. However, no best management practice (BMP) is 100% effective and it is
impossible to stop the cumulative effects of innumerable minor impacts. In addition, there are many
activities and land areas over which the County has little or no authority. For instance, almost all
agricultural activities are exempt from the County’s Water Protection Ordinance (WPO). As another
example, it is not uncommon for gravel driveways, especially on steep slopes, to washout during intense
storms. Over time, significant quantities of gravel and soil are carried into streams and contribute to the
total sediment loading. The County cannot regulate this source of pollution.
As one would expect, streams in highly-urbanized areas are generally the most impaired. But – as
indicated by the even distribution of impaired waters throughout the County as depicted in
Channel Scour in Rural Area
July 3, 2013 Water Resources – Integrated Planning Process Page 8
Attachment D – the health of many rural streams has been negatively affected, as well. StreamWatch
found that stream health declines rapidly with increased development or deforestation: even for a land
use category averaging 70% forest cover and having only a single home for every 17 acres, more than
half of the streams were impaired. Fortunately, these rural streams are generally on the cusp of
impairment and it is more likely that these marginally impaired streams can be restored to healthy
conditions as compared to more urban streams.
Because stream health is closely tied to land use and land use change is expected to continue over time,
StreamWatch further predicts that future land use intensification in rural areas will lead to a reduction
in the number of healthy streams within the County by about one third over the next 20 years.
Therefore, without additional mitigation efforts, the percentage of healthy streams in the County may
drop from 30% to 20% by approximately 2030.
A Summary of New Mandates
As part of State and regional efforts to address stormwater pollution and impaired waters in Albemarle
County, the County has been delegated the responsibility to implement several new or enhanced
programs. Each of these programs will require significant new resources; a more complete discuss of
future resource needs will be discussed in future work sessions.
Virginia Stormwater Management Program (VSMP) – Like most other local governments in Virginia, by
July 1, 2014, the County must adopt and implement a local VSMP consistent with State regulations. This
program expands the responsibilities of the County’s existing regulatory program for development and
other land disturbing activities. This mandate will require various amendments to the Water Protection
Ordinance. A draft ordinance with an implementation plan that includes resource requirements must be
submitted to Virginia no later than December 15, 2013 and then adopted no later than April 1, 2014.
Municipal Separate Storm Sewer System (MS4) permit update – Since 2003, under a federal program
called National Pollutant Discharge Elimination System (NPDES), the County has been regulated as a
discharger of pollutants into waters of the State. The program was originally intended to regulate point
sources of pollution but was later expanded to include quasi-point sources, or the outfalls of storm
sewer systems. Although the County doesn’t have an extensive connected network of storm pipes like,
say, most cities, we are consider the “operator” of a municipal small storm sewer system, or an MS4.
Permits are issued in five-year increments.
Although permit requirements did not change significantly between the first and second five-year cycles,
the new permit – now issued by DEQ instead of DCR and beginning July 1, 2013 – requires substantial
updates to multiple program elements, including many related to addressing stream impairments such
as TMDLs. The deadline for submitting the earliest updated plans is July 1, 2014.
Chesapeake Bay and local TMDLs – Using MS4 permits as a means of regulation and enforcement,
Virginia has required local governments to develop, by July 1, 2015, detailed action plans to achieve
pollutant load reductions allocated to urban areas throughout the state as part of the Chesapeake Bay
TMDL process. In addition, by July 1, 2016 the County must develop action plans for any local TMDLs
that have associated load reduction allocations; these presently include an e. Coli reduction for the
Rivanna River and some of its tributaries and a sediment reduction for the Rivanna River.
Water Resources Programs
Human Resources Chart
July 3, 2013
County
Executive
Thomas C. Foley
Assistant County
Executive
Doug Walker
Assistant County
Executive
Bill Letteri
Chief,
Fire Rescue
Dan Eggleston
Director,
Park and Recreation
Bob Crickenberger
Director, Community
Development
Mark Graham
Director,
General Services
George Shadman
Fire
Marshal
Howard Lagomarsino
Water Resources
Manager
Greg Harper
Water Resources
Planner
Jessica Lassetter
Director,
TJSWCD
Alyson Sappington
County Schools
Superintendent
Dr. Pamela Moran
COO, Operations & Sys-
tems Planning
Josh Davis
Director,
Building Services
Joe Letteri
Environmental
Compliance Manager
Lindsay Check Snoddy
Environmental
Compliance Manager
Andy Lowe
Water Resources
Specialist
Repp Glaettli
County
Engineer
Glenn Brooks
Erosion and Sediment
Control Officer
Kenny Thacker
Engineering
Plan Reviewer
Michele Roberge
Erosion and Sediment
Control Inspector
Johnny Otto
Erosion and Sediment
Control Inspector
Mark Hopkins
Erosion and Sediment
Control Inspector
Ray Lilly
Engineering
Plan Reviewer
Max Greene
Engineering
Plan Reviewer
Michael Koslow
County
Attorney
Larry Davis
Assistant County
Attorney
Greg Kamptner
Assistant County
Attorney
Andy Herrick
Board of Supervisors
Parks
Superintendent
Matt Smith
Highlighted staff are involved
—on either a full or part-time
basis — with day-to-day imple-
mentation of programs related
to water resource protection.
Thomas Jefferson Soil and
Water Conservation
District
Urban Conservation
Specialist
Martin Johnson
Director,
Office of Facility Dev.
Trevor Henry
Project
Manager
Frank Pohl
School Board
ATTACHMENT C July 3, 2013
Water Resource Protection Programs and Activities
GS = General Services | CD = Community Development | PS = Public Schools | PR = Parks and Rec | FR = Fire Rescue
General Program Administration [all]
· budget and staff management
· grant application and administration
VSMP & MS4 Administration [CD, GS]
· develop written procedures
· information management systems
· track activities
· prepare annual reports
Public Education and Outreach [GS, PS]
· planning and coordination with partners
· media ads, website, signage, events
· ACPS meaningful watershed experience
· special targeted projects
· BMP tours
· outreach to HOAs and BMP owners
Public Involvement and Participation [GS]
· maintain program plan and annual reports
at website
· public notifications / receipt of comments
· annual event/activity for volunteers
Illicit Discharge Detection and Elimination [GS, FR]
· maintain storm sewer map and info table
· conduct dry weather screening
· emergency spill response
Construction Site Stormwater Runoff Control [CD]
· permit processing
· E&S plan review
· site inspection, contractor relations,
enforcement
· annual reporting
Post Construction Stormwater Management [CD, GS]
· permit processing
· SWM plan review
· stream/buffer impact mitigation
· BMP inspection, owner relations,
enforcement
· reporting
Pollution Prevention [GS, PS, PR, FR]
· promote and ensure responsible good
housekeeping practices
· staff training
· inspections of facilities
· nutrient management
Infrastructure Maintenance [GS, PR]
· County and School BMPs
· County-operated dams
· County storm sewer systems
· private infrastructure within easements
· invasive plant control
TMDLs [GS]
· develop and implement action plans
· annual accounting and reporting
· annual assessment and adaptive
management
Capital Projects [GS]
· prioritization and planning
· design and construction
· monitoring
· stream restoration
Other Regulatory Programs [CD]
· stream buffer education and enforcement
· groundwater management
· floodplain management
· critical slope management
Dam Safety [GS]
· annual inspections and reporting
· periodic updates of EAPs
· periodic updates of O&M plans
· periodic repair
Mechums RiverIvy CreekMoormans River
Stockton Creek Me
c
h
u
n
k
Cr
e
e
k
Totier Creek
Rivanna River
Har
dwar
e Ri
verBal
l
i
nger CreekWar
d
s
C
re
e
k
Lickinghole CreekStony Run
Buck Mountain Creek
Lynch River
D o l l i n s C r e e k
M oores C reekBeaverdam Creek
Bri
ery CreekCar
r
oll
Cr
eekPr
eddy Cr
eekSpring Creek Blue RunJames RiverB e a v e r C r e e k
Cow BranchCove CreekNaked CreekGreen CreekMo
r
e
y
Cr
e
e
k
Biscuit RunSlate
Q
u
arry
C
re
e
kPowell CreekMarsh RunParrott Branch
Ro
c
k
Ca
s
tl
e
Cr
e
e
k
J o n e s F a lls R u n
Swift RunFlat BranchBiscuit RunAlbemarle County Waterbody Conditions
(per DEQ's 2010 Water Quality Assessment Integrated Report)
Attachment D
Meets Standard
Insufficient Data
Impaired
Meets Standard
Impaired
Streams
Reservoirs/Lakes
39.9 miles
266.9 miles
89.3 miles
577 a cres
166 a cres
Memorandum
______________________________________________________________________________
TO: Members, Board of Supervisors
FROM: Travis O. Morris, Senior Deputy Clerk
DATE: June 26, 2013
SUBJECT: Boards and Commissions Vacancy and Reappointment List
______________________________________________________________________________
Attached, please find an updated listing of vacancies for boards and commissions through June 26, 2013.
Appointments that need to be made at this time are to the Charlottesville-Albemarle Convention and Visitors (CACVB)
Management Bureau, Jail Authority, Places 29 Community Advisory Council and Village of Rivanna.
Listed below are the names and term expiration dates of individuals who wish to be appointed and/or reappointed to
the respective committees:
Charlottesville-Albemarle Convention and Visitors (CACVB) Management Bureau
Jason Burch, term expires June 30, 2013
Steven Meeks
Cynthia Conte
Cynthia Chiles
Jail Authority
Donald Byers, term expires June 30, 2013 (Joint City/County)
Andre Hakes
Cyndra Van Clief
Places 29 Community Advisory Council
Elly Tucker
Village of Rivanna
William Craddock
View attachment
Return to agenda
MEMBER
TERM
EXPIRES
NEW TERM
EXPIRES
WISH TO BE
RE-APPOINTED?
DISTRICT IF
MAGISTERIAL
APPOINTMENT
Acquisitions of Conservation Easements (ACE)Bill Edgerton 8/1/2012 8/1/2015 No Advertised, No applications recv'd
Agricultural & Forestal District Advisory Council Steve Murray 4/17/2012 4/17/2016 No Advertised, No applications recv'd
Agricultural & Forestal District Advisory Council Mark Gorlinsky 5/5/2010 4/17/2014 Resigned
Agricultural & Forestal District Advisory Council David van Roijen 4/17/2013 4/17/2017 Ineligible
Agricultural & Forestal District Advisory Council Nelson Shaw 4/17/2014 Deceased
Agricultural & Forestal District Advisory Council Robin Mellen 4/17/2013 4/17/2017 Ineligible
CACVB Jason Burch 6/30/2013 6/30/2015 Yes Advertised, 3 applications recv'd
CACVB Gregory MacDonald 6/30/2013 6/30/2015 Ineligible
CACVB Following application received:
Steven Meeks
Cynthia Conte
Cynthia Chiles
Fiscal Impact Advisory Committee Craig Evans 7/8/2013 7/8/2015 Ineligible Advertised, No applications recv'd
Fiscal Impact Advisory Committee John Donohue 7/8/2013 7/8/2015 No
Jail Authority Valerie L'Herrou 8/6/2014 Resigned effective July 12 Advertised, 2 applications recv'd
Jail Authority Donald Byers 6/30/2013 6/30/2016 Joint City/County Yes
Jail Authority Following application received:
Andre Hakes
Cyndra Van Clief
Natural Heritage Committee John Foster 9/30/2011 9/30/2015 No Advertised, No applications recv'd
Natural Heritage Committee Diana Foster 9/30/2011 9/30/2015 No
Natural Heritage Committee Phil Stokes 9/30/2011 9/30/2015 No
Natural Heritage Committee DeMellon Forest 9/30/2012 9/30/2016 No
Natural Heritage Committee Jim Byrom 9/30/2012 Resigned
Natural Heritage Committee Christopher Dumler 9/30/2013 Resigned
Pantops Community Advisory Council Kirk Bowers 6/30/2013 6/30/2016 waiting for response Advertised, No applications recv'd
Pantops Community Advisory Council Wendy Fisher 6/30/2013 6/30/2016 waiting for response
Places 29 Community Advisory Council Robert Short 1/31/2016 Resigned Advertised, 1 application recv'd
Places 29 Community Advisory Council Following application received:
Elly Tucker
Rivanna Solid Waste Authority Cit. Adv. Comm.Jeffery Greer 12/31/2010 12/31/2012 Ineligible, Joint City/County Advertised, No applications recv'd
Rivanna Solid Waste Authority Cit. Adv. Comm.Vincent Day 12/31/2013 Resigned
Village of Rivanna 3/31/2016 Advertised, 1 application recv'd
Village of Rivanna Following application received:
William Craddock
Revised 06/26/2013
Page 1 of 4
Culpeper District
Albemarle County Monthly Report
July 2013
Special Issues
None at this time.
Preliminary Engineering
PROJECT LAST MILESTONE NEXT MILESTONE AD DATE
Route 708, Dry Bridge Road
Bridge Replacement over RR Advertisement Start Construction May 2013
Route 53 Safety Project – Intersection
Improvements at Route 729 Right of Way Advertisement October 2013
Route 616, Black Cat Road
Bridge Replacement over RR Design Public Hearing Right of Way – July
2013 March 2014
Route 677, Broomley Road
Bridge Replacement over RR Design Public Hearing Right of Way –
August 2013 December 2014
Route 637, Dick Woods Road
Bridge Replacement over Ivy Creek Design Public Hearing Right of Way –
August 2013 December 2014
Route 29 Widening, Ashwood to
Hollymeade Town Center Preliminary Design Public Hearing December 2015
Route 250, Bridge replacement over
Little Ivy Creek Preliminary Design Public Hearing January 2018
Route 774, Bear Creek Road, Unpaved
Road -- Project Scoping –
2016 November 2019
Route 703, Pocket Lane, Unpaved
Road -- Project Scoping –
2016 November 2019
CITY OF CHARLOTTESVILLE:
PROJECT LAST MILESTONE NEXT MILESTONE AD DATE
Best Buy Ramp Design Public Hearing Right of Way –
Summer 2013 November 2014
Page 2 of 4
Construction Activities
Route 29 Bypass (FO)0029-002-844
Scope: Design and construction 6.2 miles of highway between Route 250 to north of South
Fork of the Rivanna River.
Next major milestone: Submit Environmental Assessment to FHWA
Contract Completion Date: September 16, 2016
Only activities authorized being performed to include IJR/Traffic Studies for northern and
southern termini. If FONSI issued by FHWA, remaining PE activities such as Final design,
RW & CN activities can be initiated. Citizen Information Meeting occurred on May 23, 2013.
Public Hearings to be scheduled at a later date. Additional NTP 1 activities have been
authorized including limited non-destructive geotechnical services in support of the EA Re-
evaluation, surveying activities in support of the EA Re-evaluation, and stream and wetland
delineations.
McIntire Interchange 0250-104-103, PE101
Scope: Construct Interchange at McIntire Road and Rte 250
Next Major Milestone: Utility Relocations
Contract Completion date: July 2, 2015.
Project Construction started on March 4, 2013.
Guardrail Repair GR07-967-096, N501
Scope: Guardrail repairs – on call – District wide.
Next Major Milestone: Contract Renewal – 3nd term
Contract Completion date: July 1, 2014.
McCormick Road 0302-002-152,B650
Scope: Superstructure replacement.
Next Major Milestone: Under Construction.
Contract Completion: July 31, 2013.
Millington Road 0665-002-6142
Scope: Superstructure replacement, State Forces.
Next Major Milestone: Project Completion. Road is currently closed.
Proposed Completion: July 31, 2013.
McIntire Road U000-104-102, C501
Scope: Construct New Two Lane Road, Bridge and Pedestrian Path.
Next major Milestone: Completed June 10, 2013
Contract Completion: October 15, 2013
Ballards Mill Road 0671-002-6059
Scope: Superstructure replacement, State Forces.
Next Major Milestone: Road Closure, November 4th.
Proposed Completion: November 29, 2013
Page 3 of 4
Surface Treatment Schedule
Scope: Surface Treat various roads.
Next Major Milestone: Contractor planning to begin work in Albemarle County in May.
Contract Completion: October 31, 2013 (Contractor should complete work in Albemarle
County in June)
Slurry Seal Schedule
Scope: Slurry Seal various roads.
Next Major Milestone: Routes 1052 Rolling Valley Court
Contract Completion: October 31, 2013.
Plant Mix Schedule
Scope: Plant mix overlay of various roads.
Next Major Milestone: Begin work. Contractor plans to begin work around mid-April, Rte 29
south of Charlottesville.
Contract Completion: December 6, 2013
Rte 53 HSIP Projects (NFO)0053-002-S30, S31, S32, M501
Scope: Curve improvements at 3 locations on Route 53.
Next Major Milestone: Preconstruction Conference and Project Startup
Contract Completion: September 25, 2013
Traffic Engineering Studies
Completed
Route 672 Blufton Road: Speed study completed; resolution completed; sign installation
pending. VDOT Study Number- 003-0672-20130115-011
Route 20 @ Route 250: Intersection pavement marking review; Report completed; pavement
marking installation pending. VDOT Study Number - 003-0250-20130301-006
Route 692, Plank Road: School bus stop ahead signing review; Report completed; Sign
installation pending. VDOT Study Number - 003-0692-20130305-010
Route 676, Tilman Road @ Route 250: Safety review; Report completed; pavement marking
installation completed. VDOT Study Number - 003-0676-20130305-007
Route 743, Hydraulic Road and Route 29: Safety review of left turns along hydraulic and u-
turns; Report completed; VDOT Study Number - 003-0743-20130305-007
Route 1428, Huntington Road, and Route 651, Free State Road: Multi-Way Stop review;
Report completed. VDOT Study Number - 003-1428-20130319-023
Route 250 and Route 20: Crosswalk review; Report completed. VDOT Study Number - 003-
1116-20130403-020
Route 29 and Route 649, Airport Rd: Signing review; Report completed; Sign installation
pending. VDOT Study Number - 003-0029-20130403-010
I-64 E @ Route 20 on ramps: Signing review; Report completed; Sign installation pending.
VDOT Study Number - 003-0020-20130408-010
Route 29 @ Britts Mtn. Hollow: Signing review; Report completed; Sign installation pending.
VDOT Study Number - 003-0029-20130410-010
Route 866, Greenbrier Drive @ Route 1427, Old Forge Road: Signing review; Report
completed; Sign installation pending. VDOT Study Number - 003-0866-20130422-010
Page 4 of 4
Route 600, Watts Passage and Route 641, Burnley Station Road: Sight distance review;
Report completed; pavement marking installation pending. VDOT Study Number - 003-0600-
20130425-008
Route 708 @ 2722 Red Hill Road: Signing review; Report completed; Sign installation pending.
VDOT Study Number - 003-0708-20130425-010
Route 151 Critzers Shop Road @ Route 803 Goodloe Road: Signing review; Report
completed; Sign installation pending. VDOT Study Number - 003-0151-20130425-010
Route 250 @ at Seven Oaks Farm (just east of Rt. 690): Signing review; Report completed;
Sign installation pending. VDOT Study Number - 003-0250-20130425-010
Under Review
None at this time
Maintenance Activities
Limbing Operations on various Secondary Routes
Machining/Grading/Applying stone to non-hard surfaces roadways
Pipe Cleaning and Ditching Operations
Pothole Patching Operations
Debris Removal from March 6th Storm
Joel DeNunzio Virginia Department of Transportation
Charlottesville Residency Administrator 701 VDOT Way
Charlottesville, VA 22911
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
SP2012-00032 Bellair CSA Barn
SUBJECT/PROPOSAL/REQUEST:
Special use permit request for an additional
development right in the Rural Areas zoning district.
STAFF CONTACT(S):
Messrs. Foley, Benish, Clark, Davis, Kamptner
LEGAL REVIEW: --
AGENDA DATE:
July 3, 2013
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
This special use permit was heard by the Planning Commission on April 23, 2013. The Commission recommended
approval of this special use permit with the conditions shown in the action letter (Attachment 1).
DISCUSSION:
The Planning Commission expressed concern that condition #3 would unnecessarily restrict activities such as hayrides
and walks that might go farther than 250 feet from the event barn, but that would have little or no impact on neighboring
properties. The original condition was:
3. All event activities (not including access or parking) shall take place within 250 feet of the barn whose address
is 5290 Bellair Farm.
Since the Commission hearing, Planning and Zoning staff have re-written condition #3 to prevent such unnecessary and
unintended restrictions. The revised condition would restrict the use of structures on the property to those within 250 feet
of the barn, rather than restricting all event-related uses. Staff believes that this revision will ensure that the main impacts
of the proposed use will remain well to the interior of the 938-acre property without unnecessarily restricting low-impact
uses of the site. The revised condition is:
3. Event activities shall not make use of any structure other than (1) the barn whose address is 5290 Bellair Farm, or
(2) any structure located within 250 feet of that barn.
RECOMMENDATION:
Staff recommends that the Board of Supervisors approve SP2012-00032 with the following revised conditions:
1. The maximum number of events per calendar year shall not exceed 24.
2. The maximum number of event guests shall not exceed 150 persons.
3. Event activities shall not make use of any structure other than (1) the barn whose address is 5290 Bellair
Farm, or (2) any structure located within 250 feet of that barn.
4. Hours of operation for the events shall be no earlier than 3 p.m. and no later than midnight.
5. There shall be no amplified sound permitted for this use.
6. The use shall not commence without approval from the Virginia Department of Transportation of the entrance to
the property at Bellair Farm and of the proposed driveway exit on Tax Map Parcel 11300000000800. The exit on
Tax Map Parcel 11300000000800 shall be posted for exit-only use to the satisfaction of the Zoning Administrator.
7. The use shall not commence without approval from the building official, the fire official, and the Virginia
Department of Health.
8. The use shall commence on or before [date two years from Board approval] or the permit shall expire and be of
no effect.
ATTACHMENTS:
1 – Planning Commission Action Letter
2 – Staff Report and attachments
3 – PC minutes
Return to agenda
Attachment 1
SP-2012-00032 Bellair CSA – Recommended Conditions of Approval
1. The maximum number of events per calendar year shall not exceed 24.
2. The maximum number of event guests shall not exceed 150 persons.
3. All event activities (not including access or parking) shall take place within 250 feet of the barn whose address is
5290 Bellair Farm.
4. Hours of operation for the events shall be no earlier than 3 p.m. and no later than midnight.
5. There shall be no amplified sound permitted for this use.
6. The use shall not commence without approval from the Virginia Department of Transportation of the entrance to
the property at Bellair Farm and of the proposed driveway exit on Tax Map Parcel 11300000000800. The exit on
Tax Map Parcel 11300000000800 shall be posted for exit-only use to the satisfaction of the Zoning Administrator.
7. The use shall not commence without approval from the building official, the fire official, and the Virginia
Department of Health.
8. The use shall commence on or before [date two years from Board approval] or the permit shall expire and be of
no effect.
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
May 8, 2013
Don Swofford, FAIA
1600 Grady Ave
Charlottesville, VA. 22903
RE: SP201200032 – Bellair CSA Barn
Dear Mr. Swofford:
The Albemarle County Planning Commission, at its meeting on April 23, 2013, by a vote of 7:0
recommended approval of the above-noted petition to the Board of Supervisors.
Please note that this recommendation is subject to the following conditions:
1. The maximum number of events per calendar year shall not exceed 24.
2. The maximum number of event guests shall not exceed 150 persons.
3. All event activities (not including access or parking) shall take place within 250 feet of the
barn whose address is 5290 Bellair Farm.
4. Hours of operation for the events shall be no earlier than 3 p.m. and no later than midnight.
5. There shall be no amplified sound permitted for this use.
6. The use shall not commence without approval f rom the Virginia Department of
Transportation of the entrance to the property at Bellair Farm and of the proposed driveway
exit on Tax Map Parcel 11300000000800. The exit on Tax Map Parcel 11300000000800
shall be posted for exit-only use to the satisfaction of the Zoning Administrator.
7. The use shall not commence without approval from the building official, the fire official, and
the Virginia Department of Health.
8. The use shall commence on or before [date two years from Board approval] or the permit
shall expire and be of no effect.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receive
public comment at their meeting on June 5, 2013.
If you should have any questions or comments regarding the above noted action, please do not hesitate to
contact me at (434) 296-5832.
Sincerely,
Scott Clark
Senior Planner
Planning Division
Cc Davis, Cynthia Keller
5363 Bellair Farm
Charlottesville VA. 22902
Return to exec summary
1
ALBEMARLE COUNTY PLANNING
STAFF REPORT SUMMARY
Project Name: SP 2011-00032 Bellair Staff: Scott Clark, Senior Planner
Planning Commission Public Hearing: March
19, 2013
Board of Supervisors Hearing: TBA
TBD
Owners: Davis, Cynthia K, Elisabeth Keller &
Gardner Davis, Trustees
Applicant: Cynthia Keller Davis
Acreage: 938.9 Rezone from: Not applicable
Special Use Permit for: 10.2.2.50, which
allows for Special events (reference 5.1.43)
TMP: Tax Map 103 Parcels 3A, 8, and 10
Location: 5363 Bellair Farm
By-right use: RA, Rural Areas
Magisterial District: Scottsville Proffers/Conditions: Yes
Requested # of Dwelling Units/Lots: n/a DA - RA - X
Proposal: Special use permit request for
special events Comp. Plan Designation: Rural Areas -
preserve and protect agricultural, forestal,
open space, and natural, historic and scenic
resources/ density ( .5 unit/ acre in
development lots)
Character of Property: Large farm; open and
wooded areas
Use of Surrounding Properties: Large estate
farms
Factors Favorable:
1. The use would support a working farm in
the Rural Areas.
2. The proposal would not create significant
impacts on adjacent properties.
Factors Unfavorable:
o None found
Recommendation: Based on findings presented in the staff report, staff recommends approval of
SP201200032 (with conditions).
2
STAFF CONTACT: Scott Clark, Senior Planner
PLANNING COMMISSION: March 19, 2013
BOARD OF SUPERVISORS: TBD
AGENDA TITLE: SP201200032 Bellair
PROPERTY OWNER: Stoner, Frank R IV Or Elizabeth Bondurant Stoner
APPLICANT: Stoner, Frank R IV Or Elizabeth Bondurant Stoner
PROPOSAL:
PROJECT: SP201200032 Bellair CSA Barn
PROPOSED: Special events in and around existing barn
ZONING CATEGORY/GENERAL USAGE: RA, Rural Areas- agricultural, forestal, and fishery
uses; residential density (0.5 unit/acre in development lots)
SECTION: 10.2.2.50, which allows for Special events (reference 5.1.43)
COMPREHENSIVE PLAN LAND USE/DENSITY: Rural Areas in Rural Area 4 - Preserve and
protect agricultural, forestal, open space, and natural, historic and scenic resources/ density (.5
unit/acre in development lots)
ENTRANCE CORRIDOR: No
LOCATION: 5363 Bellair Farm
TAX MAP/PARCEL: 11300-00-00-01000, 11300-00-00-003A0, 11300-00-00-00800
MAGISTERIAL DISTRICT: Scottsville
COMPREHENSIVE PLAN:
The Comprehensive Plan designates the property as RA, Rural Areas- agricultural, forestal, and
fishery uses; residential density (0.5 unit/acre in development lots).
CHARACTER OF THE AREA:
The area is characterized by large estate farms with forested areas and large pastures.
PLANNING AND ZONING HISTORY:
This property was zoned RA Rural Areas during the comprehensive rezoning of the County in
1980.
APPLICANT’S PROPOSAL AND JUSTIFICATION
The applicants propose to hold special events for up to 150 people, up to 24 times per
year. The events would take place in or around an existing barn, and no amplified sound
is proposed. The events would provide additional income to support a working farm.
ANALYSIS OF THE SPECIAL USE PERMIT REQUEST:
Section 33.8 of the Zoning Ordinance states that the Planning Commission and Board of
Supervisors shall reasonably consider the following factors when reviewing and acting upon an
application for a special use permit:
The proposed use will not be of substantial detriment to adjacent lots:
It is staff’s opinion that the proposal will not be of substantial detriment to the adjacent
properties. The nearest dwelling is approximately one-half mile from the barn where the
3
events would take place. As amplified sound would not be permitted, noise impacts on nearby
residences and farms are not expected to be significant.
The character of the zoning district will not be changed.
This proposed activity would use an existing structure on a large farm in the Rural Areas. The
character of the use would not change the character of the Rural Areas district, and the use
could be removed without any harm to productive agricultural land.
The use will be in harmony with the purpose and intent of the zoning ordinance.
The purposes of the RA zoning district are:
o Preservation of agricultural and forestal lands and activities;
o Water supply protection;
o Limited service delivery to the rural areas; and
o Conservation of natural, scenic, and historic resources.
This use would be supportive of these purposes, and would increase the farm’s economic
viability, thereby reducing the chances of its conversion to suburban development.
The use will be in harmony with the uses permitted by right in the district.
As proposed, the use would not conflict with residential or agricultural uses.
Section 5.1.43 of the Zoning Ordinance (see Attachment C) sets standards for special-events
uses. The applicants have provided all the required information, and are not requesting
waivers of any of the requirements.
The public health, safety and general welfare of the community will be protected if the
use is approved.
Virginia Department of Transportation (VDOT) staff has examined the site and has stated that
the existing entrance (Bellair Farm) is sufficient without any changes. VDOT staff has also
stated that the applicant’s plan to use the existing driveway on Tax Map Parcel
11300000000800, located to the west of Bellair Farm, for exiting traffic only will be
acceptable with some minor surface work (adding gravel). In order to ensure compliance with
this last matter, staff is recommending a condition of approval that would require VDOT
approval before the use commences.
Other safety and health matters are addressed by a condition requiring approval by the
Building Official and the Fire/Rescue Department (for building safety and emergency access)
and by the Virginia Department of Health. Preliminary reviews by the building official
indicated that the existing barn is acceptable for the proposed use with minor additions (exit
signage). Given the size of the property, no issues with water supply or septic capacity are
expected.
The use will be consistent with the comprehensive plan.
4
The Comprehensive Plan designates the subject properties as Rural Areas,
emphasizing the preservation and protection of agricultural, forestal, open space, and
natural, historic and scenic resources as land use options.
The proposed use would provide an additional source of income to a working farm.
The Rural Areas chapter of the Comprehensive Plan supports such uses as a method
to increase farm viability and help to prevent surburbanization of the Rural Areas.
SUMMARY:
Staff has identified factors which are favorable and unfavorable to this proposal:
Factors favorable to this request include:
1. The use would support a working farm in the Rural Areas.
2. The proposal would not create significant impacts on adjacent properties.
Factors unfavorable to this request include:
o None found
RECOMMENDATION: Staff recommends approval of SP 2012-00032 Bellair with the
conditions listed below, based on the analysis provided herein.
CONDITIONS OF APPROVAL:
1. The maximum number of events per calendar year shall not exceed 24.
2. The maximum number of event guests shall not exceed 150 persons.
3. All event activities (not including access or parking) shall take place within 250
feet of the barn whose address is 5290 Bellair Farm.
4. Hours of operation for the events shall be no earlier than 3 p.m. and no later than
midnight.
5. There shall be no amplified sound permitted for this use.
6. The use shall not commence without approval from the Virginia Department of
Transportation of the entrance to the property at Bellair Farm and of the proposed
driveway exit on Tax Map Parcel 11300000000800. The exit on Tax Map Parcel
11300000000800 shall be posted for exit-only use to the satisfaction of the
Zoning Administrator.
7. The use shall not commence without approval from the building official, the fire
official, and the Virginia Department of Health.
8. The use shall commence on or before [date two years from Board approval] or the permit
shall expire and be of no effect.
5
ATTACHMENTS:
A. Area Map
B. Site Map
Motions:
A. Should the Planning Commission choose to recommend approval of this special use
permit:
I move to recommend approval of SP 20110032 Bellair with the conditions outlined
in the staff report.
B. Should the Planning Commission choose to recommend denial of this special use
permit:
I move to recommend denial of SP 20110032 Bellair. (Planning Commission needs to
give a reason for denial)
Return to exec summary
B
ALBEMARLE COUNTY PLANNING COMMISSION – APRIL 23, 2013
DRAFT PARTIAL MINUTES – SP-2012-00032 Bellair CSA
SUBMITTED TO BOS
1
Albemarle County Planning Commission
April 23, 2013
Members attending were Ed Smith, Bruce Dotson, Don Franco, Thomas Loach, Richard
Randolph, Russell (Mac) Lafferty, Vice Chair, and Calvin Morris, Chair. Julia Monteith,
AICP, Senior Land Use Planner for the University of Virginia, was absent. She left the
meeting at 5:38 p.m.
Other officials present were Andrew Sorrell, Senior Planner; Amelia McCulley, Director
of Zoning/Zoning Administrator; Amanda Burbage, Senior Planner; Stewart Wright,
Permits Planner; Trevor Henry, Director of Office of Facilities; Brent Nelson, Planner;
Scott Clark, Senior Planner; David Benish, Chief of Planning; Sharon Taylor, Clerk to
Planning Commission; and Greg Kamptner, Deputy County Attorney.
Call to Order and Establish Quorum:
Mr. Morris, Chair, called the regular Albemarle County Planning Commission regular
meeting and public hearing to order at 6:01 p.m. and established a quorum.
Deferred Item
SP-2012-00032 Bellair CSA
PROPOSED: Special events in and around existing barn
ZONING CATEGORY/GENERAL USAGE: RA, Rural Areas- agricultural, forestal, and
fishery uses; residential density (0.5 unit/acre in development lots)
SECTION: 10.2.2.50, which allows for Special events (reference 5.1.43)
COMPREHENSIVE PLAN LAND USE/DENSITY: Rural Areas in Rural Area 4 -
Preserve and protect agricultural, forestal, open space, and natural, historic and scenic
resources/ density (.5 unit/acre in development lots)
ENTRANCE CORRIDOR: No
LOCATION: 5363 Bellair Farm
TAX MAP/PARCEL: 11300-00-00-01000, 11300-00-00-003A0, 11300-00-00-00800
MAGISTERIAL DISTRICT: Scottsville
DEFERRED FROM MARCH 19, 2013 PLANNING COMMISSION MEETING
(Scott Clark)
Scott Clark presented a PowerPoint presentation and summarized the staff report.
This is a special use permit for special events on a farm in the rural areas. The
applicants are requesting events for up to 150 people up to 24 times a year, which is the
base amount permitted in the County ordinance. They are not requesting any waivers
for size or frequency of the events.
Bellair Farm is located on Secretary’s Road just east of Route 20 at Carter’s Bridge.
Regarding scale, it is a 900-acre farm and a very large site. The barn is about one-half
mile from Secretary’s Road. The events would take place in the barn and open patio
areas to the east of the building. The main entrance into the farm leads to the barn. On
ALBEMARLE COUNTY PLANNING COMMISSION – APRIL 23, 2013
DRAFT PARTIAL MINUTES – SP-2012-00032 Bellair CSA
SUBMITTED TO BOS
2
the adjacent parcel there is a gravel driveway that would be used at times as an exit
only from the events to help improve traffic flow on the property.
In the review of the proposal’s conformity with the comprehensive plan staff found it
supports the comp plan’s goals of protecting agriculture in the county and providing
alternative sources of income for farms to help improve their viability.
In terms of the health and safety impacts VDOT has analyzed and approved both Bellair
Farm’s main paved entrance road and the proposed exit on the gravel driveway . The
Building Official has visited the building or barn and recommended some minor changes
in terms of signage to make it acceptable for the proposed events. Given the 900 acres
on the property staff does not expect to find any problem with water or septic treatment.
The item he failed to mention at the beginning was the proposal inclu des a prohibition
on amplified sound, which has often been the big issue with special events or winery
events in other locations. The music for these events would be unamplified acoustic
music, which is one of the conditions of approval as recommended. Since the site was
located near the center of a 900-acre farm and there was no amplification, staff does
not expect any impacts on the neighboring properties from noise.
SUMMARY:
Staff has identified factors which are favorable and unfavorable to this pro posal:
Favorable Factors:
1. The use would support a working farm in the Rural Areas.
2. The proposal would not create significant impacts on adjacent properties.
Unfavorable Factors
None
Staff recommends approval of SP-2012-00032 Bellair with the conditions recommended
in the staff report.
Mr. Morris invited questions for staff.
Mr. Dotson asked if there was no amplified sound on the exterior or both the interior and
exterior. He wanted to make sure that was clear. He was curious about the hours of
operation; why not an all day Saturday event; and why on no date can they begin before
3:00 p.m.
Mr. Clark replied the applicants can probably explain better why those particular hours
work best for them.
Mr. Loach asked is there any other special use permits in this area for similar uses, and
Mr. Clark replied he was not aware of any.
Mr. Loach asked if they have to comply with the Dark Sky regulations or anything like
ALBEMARLE COUNTY PLANNING COMMISSION – APRIL 23, 2013
DRAFT PARTIAL MINUTES – SP-2012-00032 Bellair CSA
SUBMITTED TO BOS
3
that.
Mr. Clark replied no, there are no particular regulations about that.
Mr. Lafferty said he believed that wineries by right can have up to 200 people.
Mr. Clark replied that is true. However, in some cases for special events applicants
have requested a waiver of the 150 limit to get up to that same amount of 200 people. It
is not the case here.
Mr. Lafferty said he wondered whether they might be interested in that since they have
almost set that as a precedent.
Mr. Morris agreed.
Mr. Smith asked if the parking is sufficient. He knows there is plenty of area.
Mr. Clark replied yes, there is a parking area around the barn itself and then just to the
west of the barn there is the farm driveway that leads from the main paved road. There
is a long linear area of parking along both sides of the road that is more than sufficient.
Mr. Morris said just tying in with what has already been asked he wondered if any of the
lighting outside of the barn will be regulated lighting.
Mr. Clark replied that he did not recall there was any proposed new lighting for this.
However, the applicant can clarify that.
There being no further questions, Mr. Morris opened the public hearing for the applicant
and public comment. He invited the applicants to address the Commission.
Cynthia Davis, owner of Bellair Farm, thanked the Commission for considering this
application. Her mission with Bellair is to preserve it as an agricultural, natural and
historic resource. She believes that being able to hold events will be compatible with
those goals and help to offer more people in the community the opportunity to come and
see the farm and enjoy it. It will bring in extra revenue to help support what is primarily
an agricultural enterprise on the farm. She hoped very much that the Commission
would consider the application favorably.
Mr. Morris invited questions for the applicant.
Mr. Dotson asked about the starting time of 3 p.m. on all days as opposed to the
possibility of having an all day event, such as on a Saturday. He noted the applicant
had proposed 3 p.m.
Ms. Davis replied yes, that is what they were proposing. She had not thought about
having all day events. The reason primarily is they have a CSA that is o perating on
Saturdays and Wednesdays, which would conflict with things going on during the day.
ALBEMARLE COUNTY PLANNING COMMISSION – APRIL 23, 2013
DRAFT PARTIAL MINUTES – SP-2012-00032 Bellair CSA
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4
Mr. Smith said he applauds her on the acoustic sound system.
Ms. Davis pointed out she lived on the farm and it would not suit her to have amplified
sound.
Mr. Morris asked if she would have any exterior lighting.
Ms. Davis replied there is exterior lighting on the outside of the building, which is not
very evasive. It is not crime lights and sort of down lighting that provides soft light
around the barn, which the technical term would be safety lights.
Mr. Smith asked staff if an agricultural event would count against one of 24 events.
Ms. Davis noted that she had not thought about that.
Mr. Clark replied the events for the community supported agricultural operation would
not be counted against that. A horse show or something like that would be a separate
use as a temporary event.
Ms. Davis pointed out they already have potlucks associated with the CSA. She did not
consider those events in this context necessarily. That is a couple of times a year.
Mr. Franco said there was one question he had when he thought about the farm and the
use. There is a condition about all activities taking place within 250 feet of the barn. He
asked if there were no visions of hay rides, walking trails or things like that. He could
see those as good things. He would just want to make sure that those are not
considered activities.
Ms. Davis agreed that was a good point. She could envision events where they might
want to have a hayride. She really had not thought about that detail.
Mr. Kamptner said there appears to be a lot of spill over between some activities that
may fall more on the agriculture side, which would be allowed by right. So between now
and the project going to the Board staff should explore some of these types of activities
with the applicant so they can have conditions that are cl early crafted for the Board.
Mr. Lafferty said he thought the concern about lighting was the people going out to the
parking lot at midnight and their safety.
Ms. Davis agreed that was an issue since they don’t have lighting where the parking is.
She supposed they could provide flash lights. She would have to give some thought to
that.
Mr. Morris noted it was something to think about and not that it is required.
Mr. Loach asked what a CSA is.
ALBEMARLE COUNTY PLANNING COMMISSION – APRIL 23, 2013
DRAFT PARTIAL MINUTES – SP-2012-00032 Bellair CSA
SUBMITTED TO BOS
5
Ms. Davis replied that CSA stands for community supported agriculture. A CSA is a
way of marketing farm products locally such that people subscribe to the crop each year
and they are entitled to a share of the crop each week through the season.
Mr. Morris invited public comment. There being none, the public he aring was closed
and the matter before the Planning Commission for discussion and action.
Motion: Mr. Randolph moved and Mr. Smith seconded to recommend approval of SP -
2012-000032 Bellair CSA with conditions outlined in the staff report and with the
recommendations of staff to ensure agricultural activities that are appropriate to the site
are guaranteed to the owner.
The motion passed by a vote of 7:0.
Mr. Morris noted that a recommendation for approval of SP -2012-000032, Bellair CSA
would be forwarded to the Board to a date to be determined with conditions. He invited
the applicant to think about all of the different types of events and if anything needs to
be changed between now and the time they take it to the Board if they would just work
with staff on that.
1. The maximum number of events per calendar year shall not exceed 24.
2. The maximum number of event guests shall not exceed 150 persons.
3. All event activities (not including access or parking) shall take place within
250 feet of the barn whose address is 5290 Bellair Farm.
4. Hours of operation for the events shall be no earlier than 3 p.m. and no
later than midnight.
5. There shall be no amplified sound permitted for this use.
6. The use shall not commence without approval from the Virginia
Department of Transportation of the entrance to the property at Bellair
Farm and of the proposed driveway exit on Tax Map Parcel
11300000000800. The exit on Tax Map Parcel 11300000000800 shall be
posted for exit-only use to the satisfaction of the Zoning Administrator.
7. The use shall not commence without approval from the building official,
the fire official, and the Virginia Department of Health.
8. The use shall commence on or before [date two years from Board
approval] or the permit shall expire and be of no effect.
Return to exec summary
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Ordinance to amend Chapter 4, Animals and Fowl,
of the County Code
SUBJECT/PROPOSAL/REQUEST:
A public hearing to consider an ordinance to amend
County Code Chapter 4, Animals and Fowl,
regarding dangerous and vicious dogs
STAFF CONTACT(S):
Foley, Walker, Davis, Tevendale, Sellers and Aylor
PRESENTER: Tim Aylor
LEGAL REVIEW: Yes
AGENDA DATE:
July 3, 2013
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
The 2013 General Assembly amended and re-enacted Virginia Code § 3.2-6540 and added § 3.2-6540.1 relating to
vicious dogs, effective July 1, 2013. These changes require an update to Chapter 4, Animals and Fowl, of the
Albemarle County Code to ensure conformance with State law.
STRATEGIC PLAN:
Goal 5. Ensure the health and safety of the Community.
DISCUSSION:
The attached draft ordinance (Attachment A) amends Chapter 4, Animals and Fowl, of the County Code by amending
three sections and adding one new section as set forth below. The proposed changes encompass both housekeeping
and substantive changes. The housekeeping changes separate the Dangerous Dog provisions from Vicious Dog
provisions and amend the wording of existing provisions to mirror Virginia Code.
Amends Section 4-100 (35) Definitions
Amends the definition of “serious injury to a person” to mirror changes in the Virginia Code
Amends Section 4-108 Cruelty to Animals
Updates internal references to sections 4-218 and 4-219
Amends Section 4-218 Dangerous Dogs
Removes provisions related to vicious dogs, which are now separately addressed in new Section 4-
219, Vicious dogs
Adds new authority for the court to order dangerous dog owners to pay for the care of the animal
while it is in the custody of the locality
Amends dangerous dog certificate fees and registry requirements consistent with new State law
o Increases the time period for obtaining a dangerous dog registration from 10 days to 45 days
o Increases the initial registration fee from $50.00 to $150.00
o Requires that the annual registration shall be updated and renewed by January 31 of each
year, and that the renewal registration fee is $85.00
o Requires animal control officers to post registration information on the Virginia Dangerous
Dog Registry
o Removes having the dog tattooed as a means of identif ying the dog as a dangerous dog.
Electronic chip identification is specified as the only means of permanently identifying the dog
to be dangerous.
Amends confinement requirements for dangerous dogs by requiring that the owner of a dangerous
dog provide basic care while confining the animal
Adds procedures for animal control officers and law enforcement officers to deal with dangerous dogs
that mirror the Virginia Code by authorizing officers to confine a dangerous dog if the court finds that
its owner or custodian has willfully failed to comply with the law
AGENDA TITLE: Ordinance to amend Chapter 4, Animals and Fowl, of the County Code
July 3, 2013
Page 2
Adds Section 4-219 Vicious Dogs.
Includes provisions previously located under Section 4-218, Dangerous and Vicious Dogs, regarding
vicious dogs, including the definition for “vicious dog”
Adds procedures for animal control officers and law enforcement officers to deal with vicious dogs
that mirror the Virginia Code:
o Authorizes animal control and law-enforcement officers to apply to a magistrate for a
summons when the officer believes that the owner of a vicious dog has willfully failed to
comply with the law
o Authorizes animal control and law-enforcement officers to confine a vicious dog if the court
finds that the owner of a vicious dog has willfully failed to comply with the law
Authorizes a court to order the owner of a vicious dog to pay for the care of the animal while it is in
the custody of the locality
BUDGET IMPACT:
Staff anticipates limited additional enforcement by animal control officers under the proposed ordinance and,
therefore, anticipates that there should be a minimal budget impact.
RECOMMENDATIONS:
Staff recommends that after the public hearing the Board adopt the attached ordinance (Attachment A).
ATTACHMENTS
A-Proposed Ordinance
Return to agenda
Draft: June 13, 2013
1
ORDINANCE NO. 13-4(1)
AN ORDINANCE TO AMEND CHAPTER 4, ANIMALS AND FOWL, ARTICLE II, DOGS,
DIVISION 4, DANGEROUS AND VICIOUS DOGS
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 4,
Animals and Fowl, Article II, Dogs, Division 4, Dangerous and Vicious Dogs, is hereby amended and
reordained as follows:
By Amending:
Sec. 4-100 Definitions
Sec. 4-108 Cruelty to animals; penalty
Sec. 4-218 Dangerous and vicious dogs
By Adding:
Sec. 4-219 Vicious dogs
DIVISION 4. DANGEROUS AND VICIOUS DOGS
4-100 Definitions
…
(35) Serious injury to a person. The term “serious injury to a person” means any bodily injury for which
medical attention was sought and obtained, having a reasonable potential to cause death, or any injury
other than a strain or sprain which involves a serious laceration requiring stitches to more than one
puncture wound, serious disfigurement, serious impairment of health, or serious impairment of bodily
function, or which is serious in the opinion of a licensed physician.
…
(Code 1967, § 4-4; 4-13-88; Code 1988, § 4-4; Ord. 98-A(1), 8-5-98; Ord. 09-4(1), 7-8-09; Ord. 11-4(1),
2-2-11)
State law reference—Va. Code §§ 3.2-6500, 6528.
4-108 Cruelty to animals; penalty.
A. Any person who: (i) overrides, overdrives, overloads, tortures, ill-treats, abandons,
willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical
experimentation, or cruelly or unnecessarily beats, maims, mutilates, or kills any animal, whether
belonging to himself or another; (ii) deprives any animal of necessary food, drink, shelter or emergency
veterinary treatment; (iii) sores any equine for any purpose or administers drugs or medications to alter or
mask such soring for the purpose of sale, show or exhibition of any kind, unless such administration of
drugs or medications is within the context of a veterinary client -patient relationship and solely for
therapeutic purposes; (iv) willfully sets on foot, instigates, engages in, or in any way furt hers any act of
cruelty to any animal; (v) carries or causes to be carried by any vehicle, vessel or otherwise any animal in
cruel, brutal, or inhumane manner, so as to produce torture or unnecessary suffering; or (vi) causes any of
the above things, or being the owner of such animal permits such acts to be done by another shall be
guilty of a class 1 misdemeanor.
In addition to the penalties provided in this subsection, the court may, in its discretion, require
any person convicted of a violation of this subsection to attend an anger management or other appropriate
treatment program or obtain psychiatric or psychological counseling. The court may impose the costs of
such a program or counseling upon the person convicted.
Draft: June 13, 2013
2
B. Any person who: (i) tortures, willfully inflicts inhumane injury or pain not connected
with bona fide scientific or medical experimentation, or cruelly and unnecessarily beats, maims, mutilates
or kills any animal whether belonging to himself or another; (ii) sores any equine for any p urpose or
administers drugs or medications to alter or mask such soring for the purpose of sale, show, or exhibit of
any kind, unless such administration of drugs or medications is under the supervision of a licensed
veterinarian and solely for therapeutic purposes; (iii) maliciously deprives any companion animal of
necessary food, drink, shelter or emergency veterinary treatment; (iv) instigates, engages in, or in any way
furthers any act of cruelty to any animal set forth in clauses (i) through (iv); or causes any of the actions
described in clauses (i) through (iv), or being the owner of such animal permits such acts to be done by
another; and has been within five (5) years convicted of a violation of this subsection or subsection A,
shall be subject to prosecution pursuant to Virginia Code § 3.2-6570 if the current violation or any
previous violation of this subsection or subsection A resulted in the death of an animal or the euthanasia
of an animal based on the recommendation of a licensed veterinarian upon determination that such
euthanasia was necessary due to the condition of the animal, and such condition was a direct result of a
violation of this subsection or subsection A.
C. Nothing in this section shall be construed to prohibit the dehorning of cattle conducted in
a reasonable and customary manner.
D. This section shall not prohibit authorized wildlife management activities or hunting,
fishing or trapping as regulated under the Code of Virginia, including Title 29.1, or to farming activities
as provided by this Code or the Code of Virginia.
E. It is unlawful for any person to kill a domestic dog or cat for the purposes of obtaining
the hide, fur or pelt of the dog or cat. A violation of this subsection is a class 1 misdemeanor. A second
or subsequent violation of this subsection shall be subject to prosecution pursuant to Virginia Code § 3.2 -
6570.
F. Any person who: (i) tortures, willfully inflicts inhumane injury or pain not connected
with bona fide scientific or medical experimentation or cruelly and unnecessarily beats, maims or
mutilates any dog or cat that is a companion animal whether belonging to him or another; and (ii) as a
direct result causes the death of such dog or cat that is a companion animal, or euthanasia of such animal
on recommendation of a licensed veterinarian upon determination that such euthanasia was necessary due
to the condition of the animal, shall be subject to prosecution pursuant to Virginia Code § 3.2 -6570. If a
dog or cat is attacked on its owner’s property by a dog so as to cause injury or death, the owner of the
injured dog or cat may use all reasonable and necessary force against the dog at the time of the attack to
protect his dog or cat. Such owner may be presumed to have taken necessary and appropriate acti on to
defend his dog or cat and shall therefore be presumed not to have violated this subsection. The provisions
of this subsection shall not supersede section 4-106,or 4-201, 4-218 or 4-219.
G. Any person convicted of violating this section may be prohibited by the court from
possession or ownership of companion animals or equine.
(Ord. 98-A(1), 8-5-98, § 4-207; Ord. 09-4(1), 7-8-09)
State law references- Va. Code § 3.2-6570.
4-218 Dangerous and vicious dogs.
A. As used in this section:
“Dangerous dog” means a canine or canine crossbreed that has bitten, attacked, or inflicted
injury on a person or companion animal that is a dog or cat, or killed a companion animal that is a dog or
Draft: June 13, 2013
3
cat. When a dog attacks or bites a companion animal that is a dog or cat, the attacking or biting dog shall
not be deemed dangerous if:
(i) no serious physical injury as determined by a licensed veterinarian has occurred to the
dog or cat as a result of the attack or bite;
(ii) both animals are owned by the same person;
(iii) such attack occurs on the property of the attacking or biting dog’s owner or
custodian; or
(iv) for other good cause as determined by the court.
No dog shall be found to be a dangerous dog as a result of biting, attacking, or inflicting injury on
a dog or cat while engaged with an owner or custodian as part of lawful hunting or participating in an
organized, lawful dog handling event. No dog that has bitten, attacked, or inflicted injury on a person
shall be found to be a dangerous dog if the court determines, based on the totality of the evidence before
it, that the dog is not dangerous or a threat to the community.
“Vicious dog” means a canine or canine cross breed that has:
(i) killed a person;
(ii) inflicted serious injury to a person, including multiple bites, serious disfigurement,
serious impairment of health, or serious impairment of a bodily function; or
(iii) continued to exhibit the behavior that resulted in a previous finding by a court or, on
or before July 1, 2006, by an animal control officer that it is a dangerous dog, provided that its owner has
been given notice of that finding.
B. Any law-enforcement officer or animal control officer who has reason to believe that a
canine or canine crossbreed within its jurisdiction is a dangerous dog or vicious dog shall apply to a
magistrate of the jurisdiction for the issuance of a summons requiring the owner or custodian, if known,
to appear before a general district court at a specified time. The summons shall advise the owner of the
nature of the proceeding and the matters at issue. If a law-enforcement officer successfully makes an
application for the issuance of a summons, he shall contact the local animal control officer and inform
him of the location of the dog and the relevant facts pertaining to his belief that the dog is dangerous or
vicious. The animal control officer shall confine the animal until such time as evidence shall be heard
and a verdict rendered. If the animal control officer determine s that the owner or custodian can confine
the animal in a manner that protects the public safety, he may permit the owner or custodian to confine
the animal until such time as evidence shall be heard and a verdict rendered. The court, through its
contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal. If,
after hearing the evidence, the court finds that the animal is a dangerous dog, the court shall order the
animal’s owner to comply with the provisions of this section. If, after hearing the evidence, the court
finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with the
provisions of Virginia Code § 3.2-6562. The court, upon finding the animal to be a dangerous or vicious
dog, may order the owner, custodian, or harborer thereof to pay restitution for actual damages to any
person injured by the animal or whose companion animal was injured or killed by the animal. The court,
in its discretion, may also order the owner to pay all reasonable expenses incurred in caring and providing
for such dangerous dog from the time the animal is taken into custody until such time as the animal is
disposed of or returned to the owner. The procedure for appeal and trial shall be the same as provided by
law for misdemeanors. Trial by jury shall be as provided in Virginia Code §§ 19.2-260 et.seq. The
county shall be required to prove its case beyond a reasonable doubt.
C. No canine or crossbreed shall be found to be a dangerous dog or vicious dog solely
because it is a particular breed, nor is the ownership of a particular breed of canine or canine crossbreed
prohibited. No animal shall be found to be a dangerous dog or vicious dog if the threat, injury or damage
was sustained by a person who was (i) committing, at the time, a crime upon the premises occupied by the
animal’s owner or custodian; (ii) committing, at the time, a willful trespass upon the premises occupied
Draft: June 13, 2013
4
by the animal’s owner or custodian; or (iii) provoking, tormenting, or physically abusing the animal, or
can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. No
police dog that was engaged in the performance of its duties as such at the time of the acts complained of
shall be found to be a dangerous dog or vicious dog. No animal that, at the time of the acts complained
of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, a person, or its
owner’s or custodian’s property, shall be found to be a dangerous dog or a vicious dog.
D. If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or
legal guardian shall be responsible for complying with all requirements of this section.
E. The owner of any animal found to be a dangerous dog shall, within ten (10) forty-five
(45) days of such finding, obtain a dangerous dog registration certificate from the county for a fee of fifty
dollars ($50.00) one hundred and fifty dollars ($150.00), in addition to other fees that may be authorized
by law. The county shall also provide the owner with a uniformly designed tag that identifies the animal
as a dangerous dog. The owner shall affix the tag to the animal’s collar and ensure that the animal wears
the collar and tag at all times. All certificates obtained pursuant to this subsection shall be renewed
annually for the same fee in the same manner as the initial certificate was obtained. The county shall
provide a copy of the dangerous dog registration certificate and verification of compliance to the state
veterinarian. By January 31 of each year, until such time as the dangerous dog is deceased, all certificates
obtained pursuant to this subsection shall be updated and renewed for a fee of eighty-five dollars ($85.00)
and in the same manner as the initial certificate was obtained. The animal control officer shall post
registration information on the Virginia Dangerous Dogs Registry.
F. All dangerous dog registration certificates or renewals thereof required to be obtained
under this section shall only be issued to persons eighteen (18) years of age or older who present
satisfactory evidence of:
(i) the animal’s current rabies vaccination, if applicable;
(ii) that the animal has been spayed or neutered; and
(iii) that the animal is and will be confined in a proper enclosure or is and will be
confined inside the owner’s residence or is and will be muzzled and confined in the owner’s fenced -in
yard until the proper enclosure is constructed.
In addition, owners who apply for certificates or renewals thereof under this section shall not be
issued a certificate or renewal thereof unless they present satisfactory evidence that:
(i) their residence is and will continue to be posted with clearly visible signs warning
both minors and adults of the presence of a dangerous dog on the property; and
(ii) the animal has been permanently identified by means of a tattoo on the inside thigh or
by electronic implantation.
All certificates or renewals thereof required to be obtained under this section shall only be issued
to persons who present satisfactory evidence that the owner has liability insurance coverage, to the value
of at least one hundred thousand dollars ($100,000.00) that covers animal bites. The owner may obtain
and maintain a bond in surety, in lieu of liability insurance, to the value of at least one hundred thousand
dollars ($100,000.00).
G. While on the property of its owner, an animal found to be a dangerous dog shall be
confined indoors or in a securely enclosed and locked structure of sufficient height and design to prevent
its escape or direct contact with or entry by minors, adults, or other animals. The structure shall be
designed to provide the animal with shelter from the elements of nature. While so confined within the
structure, the animal shall be provided for according to section 4-105. When off its owner’s property, an
animal found to be a dangerous dog shall be kept on a leash and muzzled in such a manner as not to cause
injury to the animal or interfere with the animal’s vision or respiration, but so as to prevent it from biting
a person or another animal.
Draft: June 13, 2013
5
H. The owner of any dog found to be dangerous shall register the animal with the
Commonwealth of Virginia Dangerous Dog Registry as established under Virginia Code § 3.2-6542,
within forty-five (45) days of such a finding by any appropriate court. The owner shall also cause the
local animal control officer to be promptly notified of: (i) the names, address, and telephone numbers of
all owners; (ii) all the means necessary to locate the owner and the dog at any time; (iii) any complaints or
incidents of attack by the dog upon any person or cat or dog; (iv) any claims made or lawsuits brought as
a result of any attack; (v) tattoo or chip identification or both; (vi) proof of insurance or surety bond; and
(vii) the death of the dog.
I. After an animal has been found to be a dangerous dog, the animal’s owner shall
immediately, upon learning of same, cause the local animal control authority to be notif ied if the animal:
(i) is loose or unconfined; or (ii) bites a person or attacks another animal; or (iii) is sold, is given away, or
dies. Any owner of a dangerous dog who relocates to a new address shall, within ten (10) days of
relocating, provide written notice to the appropriate local animal control authority for the old address
from which the animal has been moved and the new address to which the animal has been moved.
J. Any owner or custodian of a canine or canine crossbreed or other animal:
1) shall be guilty of a class 2 misdemeanor if the canine or canine crossbreed previously
declared a dangerous dog pursuant to this section, when such declaration arose out of a separate and
distinct incident, attacks and injures or kills a cat or dog that is a companion animal belonging to another
person; or
2) shall be guilty of a class 1 misdemeanor if the canine or canine crossbreed previously
declared a dangerous dog pursuant to this section, when such declaration arose out of a separate and
distinct incident, bites a human being or attacks a human being causing bodily injury; or
3) shall be subject to prosecution pursuant to Virginia Code § 3.2 -6540 if the owner or
custodian whose willful act or omission in the care, control, or containment of a canine, canine
crossbreed, or other animals is so gross, wanton, and culpable as to show a reckless disregard for human
life, and is the proximate cause of such dog or other animal attacking and causing serious bodily injury to
any person.
The provisions of this subsection shall not apply to any animal that, at the time of the acts
complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, a
person, or its owner’s or custodian’s property, or when the animal is a police dog that is engaged in the
performance of its duties at the time of the attack.
K. The owner of any animal that has been found to be a dangerous dog who willfully fails to
comply with the requirements of this section shall be guilty of a class 1 misdemeanor.
Whenever an owner or custodian of an animal found to be a dangerous dog is charged
with a violation of this section, the animal control officer shall confine the dangerous dog until such time
as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel
the owner, custodian, or harborer of the animal to produce the animal.
Upon conviction, the court may (i) order the dangerous dog to be disposed of by the
county pursuant to Virginia Code § 3.2-6562 or (ii) grant the owner up to forty-five (45) days to comply
with the requirements of this section, during which time the dangerous dog shall remain in the custody of
the animal control officer until compliance has been verified. If the owner fails to achieve compliance
within the time specified by the court, the court shall order the dangerous dog to be disposed of by a local
governing body pursuant to Virginia Code § 3.2-6562. The court, in its discretion, may order the owner
to pay all reasonable expenses incurred in caring and providing for such dangerous dog from the time the
animal is taken into custody until such time that the animal is disposed of or returned to the owner.
Draft: June 13, 2013
6
L. All fees collected pursuant to this section, less the costs incurred b y the county in producing
and distributing the certificates and tags required by this section and fees due to the State Veterinarian for
maintenance of the Virginia Dangerous Dog Registry shall be paid into a special dedicated fund of the
county for the purpose of paying the expenses of any training course required under Virginia Code § 3.2-
6556.
(Ord. No. 94-4(12), 8-3-94; Code 1988, § 4-37A.1; Ord. 98-A(1), 8-5-98; Ord. 03-4(1), 2-5-03; Ord. 03-
4(3), 12-3-03, § 4-401; Ord. No. 94-4(12), 8-3-94; Code 1988, § 4-37A; Ord. 98-A(1), 8-5-98; Ord. 03-
4(3), 12-3-03, § 4-400; Ord. 09-4(1), 7-8-09)
State law reference—Va. Code § 3.2-6540.
4-219 Vicious dogs
A. As used in this section:
“Vicious dog” means a canine or canine crossbreed that has (i) killed a person, (ii) inflicted
serious injury to a person, or (iii) continued to exhibit the behavior that resulted in a previous finding by a
court, or, on or before July 1, 2006, by an animal control officer as authorized by ordinance that it is a
dangerous dog, provided that its owner has been given notice of that finding.
B. Any law-enforcement officer or animal control officer who has reason to believe that a canine
or canine crossbreed within the county is a vicious dog shall apply to a magistrate serving the county for
the issuance of a summons requiring the owner or custodian, if known, to appear before a general district
court at a specified time. The summons shall advise the owner of the nature of the proceeding and the
matters at issue. If a law-enforcement officer successfully makes an application for the issuance of a
summons, he shall contact the local animal control officer and inform him of the location of the dog and
the relevant facts pertaining to his belief that the dog is vicious. The animal control officer shall confine
the animal until such time as evidence shall be heard and a verdict rendered. The court, through its
contempt powers, may compel the owner, custodian, or harborer of the animal to produce the animal. If,
after hearing the evidence, the court finds that the animal is a vicious dog, the court shall order the animal
euthanized in accordance with the provisions of Virginia Code § 3.2-6562. The court, upon finding the
animal to be a vicious dog, may order the owner, custodian, or harborer thereof to pay restitution for
actual damage to any person injured by the animal or to the estate of any person killed by the animal. The
court, in its discretion, may also order the owner to pay all reasonable expenses incurred in caring and
providing for such vicious dog from the time the animal is taken into custody until such time as the
animal is disposed of. The procedure for appeal and trial shall be the same as provided by law for
misdemeanors. Trial by jury shall be as provided in Virginia Code §§ 19.2-260 et.seq. The county shall
be required to prove its case beyond a reasonable doubt.
C. No canine or canine crossbreed shall be found to be a vicious dog solely because it is a
particular breed, nor is the ownership of a particular breed of canine or canine crossbreed prohibited. No
animal shall be found to be a vicious dog if the threat, injury, or damage was sustained by a person who
was (i) committing, at the time, a crime upon the premises occupied by the animal’s owner or custodian;
(ii) committing, at the time, a willful trespass upon the premises occupied by the animal’s owner or
custodian; or (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have
repeatedly provoked, tormented, abused, or assaulted the animal at other times. No police dog that was
engaged in the performance of its duties as such at the time of the acts complained of shall be found to be
a vicious dog. No animal that, at the time of the acts complained of, was responding t o pain or injury or
was protecting itself, its kennel, its offspring, a person, or its owner’s or custodian’s property, shall be
found to be a vicious dog.
D. Any owner or custodian of a canine or canine crossbreed or other animal whose willful act or
omission in the care, control, or containment of a canine, canine crossbreed, or other animal is so gross,
Draft: June 13, 2013
7
wanton, and culpable as to show a reckless disregard for human life and is the proximate cause of such
dog or other animal attacking and causing serious injury to any person may be prosecuted pursuant to
Virginia Code § 3.2-6540.1. The provisions of this subsection shall not apply to any animal that, at the
time of the acts complained of, was responding to pain or injury or was protecting itself, its ke nnel, its
offspring, a person, or its owner’s or custodian’s property, or when the animal is a police dog that is
engaged in the performance of its duties at the time of the attack.
State law reference—Va. Code § 3.2-6540.1
Return to exec summary
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Ordinance to amend Chapter 6, Fire Protection, of the
County Code
SUBJECT/PROPOSAL/REQUEST:
A public hearing to consider an ordinance to add County
Code Section 6-113, Physical examinations for firefighters
and other operational members
STAFF CONTACT(S):
Foley, Walker, Davis, Herrick, Eggleston and Puckett
PRESENTER (S): Dan Eggleston
LEGAL REVIEW: Yes
AGENDA DATE:
July 3, 2013
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
Virginia’s Line of Duty Act (LODA) provides important benefits for state and local public safety officers and public safety
volunteers and/or their beneficiaries due to death or disability resulting from performance of duties. LODA benefits include:
One-time death benefit payment of $100,000 to a covered employee’s beneficiary
Continued health insurance coverage for the surviving spouse and any dependents of a covered employee
deceased in the line of duty
Continued health insurance coverage for the covered employee, spouse and dependent children for a covered
employee who is disabled in the line of duty occurring after July 1, 2000
After the cost of the LODA benefit was passed down to localities in June 2012, staff recommended that the County opt out
of the Virginia Retirement System (VRS) LODA fund and purchase coverage from the Virginia Association of Counties
Self-Insurance Risk Pool (VACoRP). At its June 6, 2012 meeting, the Board adopted a Resolution “opting out” of the State
LODA Fund, and authorized the County to purchase LODA coverage from VACoRP for FY 13 by joining the VACoRP
LODA Risk Pool. (Attachment B).
To effectively manage this unfunded mandate moving forward, staff also presented additional VACoRP recommendations.
Staff has been working since June 2012 to establish an effective LODA program and implement VACoRP’s
recommendations.
STRATEGIC PLAN:
Goal 5. Ensure the health and safety of the Community
DISCUSSION:
Fire Rescue staff and the Fire and Emergency Medical Services Board (FEMS Board) have been working together to
develop a policy to define LODA-eligible personnel, both career and volunteer, as well as establish procedures for
entry-level physical exams and training. Fire Rescue LODA policy SAP-DEP-048 (Attachment A) was approved by the
FEMS Board in April and will be issued as a system-wide policy by the Fire Rescue Chief, effective July 1, 2013.
Virginia Code § 27-40.1:1 (Attachment B) requires that any locality providing death, retirement, or sickness benefits to
salaried or volunteer fire fighters shall, by ordinance, provide for the employment of a physician to conduct physical
examinations of all career and volunteer firefighters entering its service. If a locality fails to provide these physical
examinations, it is presumed that a firefighter suffering from respiratory disease, hypertension, or heart disease
contracted the ailment in the line of duty, leaving the locality possibly liable for the cost of the benefits.
While the Virginia Code requirement is specific to firefighters, staff believes that volunteer members of both fire
departments and rescue squads are subject to similar hazards on duty. In addition, many volunteers initially join a
rescue squad and later sign up for fire training or join a fire department. Having all operational members complete a
physical prior to entering service will identify any significant health hazards prior to members’ exposure to those
hazards, provide a standard process that won’t need to be repeated, and reduce some of the liability associated with
LODA benefits.
AGENDA TITLE: Ordinance to amend Chapter 6, Fire Protection, of the County Code
July 3, 2013
Page 2
Staff has prepared a draft ordinance (Attachment C) to amend County Code Chapter 6, Fire Protection, to comply with
the requirement of Virginia Code § 27-40.1:1. The ordinance would add County Code § 6-113, Physical examinations
for firefighters and other operational members, to require that the County employ physicians to perform physical
examinations of every salaried and volunteer fire fighter and other specified operational members of the coordinated
fire and rescue system entering the service of the system.
BUDGET IMPACT:
Funds to conduct physicals for both career and volunteer firefighters have already been appropriated for FY14. No
additional budget impact is anticipated due to the adoption of this ordinance.
RECOMMENDATIONS:
Staff recommends that after the public hearing, the Board adopt the attached ordinance (Attachment C).
ATTACHMENTS:
A - SAP-DEP-048
B - Virginia Code § 27-40.1:1
C – Proposed Ordinance
Return to agenda
STANDARD OPERATING GUIDELINE
Subject: Line of Duty Benefits
Reference Number: SAP-DEP-048
Effective Date: July 1, 2013
Last Revision Date: N/A
Signature of Approval:
J. Dan Eggleston, Chief
Purpose:
The purpose of this policy is to establish procedures related to the Line of Duty Act including training,
medical physicals, and record keeping.
Background:
It is well-known that the incidence of certain illnesses is more prevalent in first-responders than the
general public. Accordingly, the fire departments and rescue squads of Albemarle County are covered
under the Line of Duty Act, which can provide substantial benefits to personnel who are injured or
develop certain occupationally related illness. In order to identify applicants who may already have health
or physical conditions that place them at risk, a medical examination and clearance process is
established as a requirement prior to any member becoming engaged in operational duties.
Scope:
This guideline applies to the Albemarle County Fire and EMS System as defined in County ordinance. As
of the effective date of this policy, medical clearance physicals will be required for all new applicants.
Definitions:
Agency- The fire department or rescue squad in which the applicant is affiliated. The system as a whole is
referred to as Albemarle County Fire Rescue (ACFR) or the County.
County Physician – Medical physician contracted by the County of Albemarle to conduct fit for duty
physicals for all fire rescue agencies in Albemarle County. The contracted physician will have experience
in occupational health and have an understanding of the essential job functions for firefighting and
emergency medical response.
Line of Duty Act (LODA) – Virginia state law that requires localities to fund death and disability benefits for
public safety personnel or their beneficiaries due to death or disability resulting from the performance of
duties. (Virginia Code sections 9.1-400 through 9.1-407).
Operational Member- A member participating in any fire, rescue, or EMS service delivery activities that
may occur in a potentially hazardous environment, including fire suppression, patient care, operating of
emergency vehicles, hazardous material response, victim extrication, traffic operations, training, etc. All
operational members will be covered by LODA benefits and will be divided into two groups based on their
function.
Suppression- A member of a fire company that has been deemed fit for duty including the
use of a respirator. These members are eligible for the respiratory disease, hypertension,
heart disease, cancer, and infectious disease presumption benefits under LODA.
Non-Suppression- A member of a fire company that has failed to qualify for the use of a
respirator or any operational member of a rescue squad. These members are eligible for
the infectious disease presumption benefits under LODA.
STANDARD OPERATING GUIDELINE
Page 2 of 5
Prospective Member- A member of the public that has not already received membership status within the
Albemarle County Fire and Rescue system. They may conduct ride-alongs at the agencies’ discretion
after a signed assumption of risk has been placed on file. At no time shall a prospective member be
allowed to participate in activities, inclusive of training, that occur in a hazardous environment or
considered high risk including the operation of vehicles under emergent conditions. Prospective members
are not covered by LODA benefits.
Support Member- A member that serves in an administrative or support role only. They may perform
duties in and around the station including record keeping, cleaning, and maintenance. They may also on
occasion support on scene operations by delivering or picking up supplies including food, water, and
portable equipment. At no time shall a support member be allowed to participate in activities, inclusive of
training, that occur in a hazardous environment or considered high risk including the operation of vehicles
under emergent conditions. Support members are not covered by LODA benefits.
Funding:
All LODA benefits and related costs including medical clearance physicals will be funded by the County of
Albemarle in full. The County Physician shall invoice ACFR directly for all costs.
Training:
All personnel entitled to benefits under LODA shall receive training on the benefits available in the case of
disability or death in the line of duty. ACFR will provide the training materials and each agency will be
responsible to document all personnel have received the training.
Medical Clearance:
1. Medical clearance physicals shall be conducted using NFPA 1582, focusing on conditions that
may pose a risk to the safety and welfare of the applicant, other fire rescue personnel, or the
public we serve. In addition, applicants will be screened for preexisting conditions covered under
LODA. See appendix A for medical physical components.
2. The County Physician will certify the applicant to the highest level of activity eligible after
reviewing their medical history and completing a medical clearance physical. The following levels
of certification shall be recognized:
a. Fit for Duty including the use of a respirator
b. Fit for Duty excluding the use of a respirator
c. Not Fit for Duty
3. The following procedure shall establish the process for medical clearance prior to any member
becoming engaged in operational activities. Support members will not be required to obtain
medical clearance.
4. New Applicant
a. Agency receives a membership application, performs a criminal history background
check and provides preliminary “ride-along” orientation to determine suitability per agency
policy.
b. Once the applicant has been approved for membership the agency will record personnel data
in FireRMS per SAP-DEP-029 and provide the applicant with a medical clearance packet.
STANDARD OPERATING GUIDELINE
Page 3 of 5
c. The applicant will contact the County Physician to schedule an appointment and
complete the medical clearance packet prior to arrival.
d. The applicant will complete the required LODA training.
e. Following their physical, the County Physician will provide ACFR with a written
“Certification of Fitness for Duty” statement (or notice of non-certification). The applicant
will also receive a copy of the certification and their specific medical information.
f. ACFR will verify the applicant’s personnel data, that they have received the required
LODA training, and document they have received medical clearance. The applicant’s
agency will be notified of their status and a copy of the certification will be forwarded for
their membership records.
g. Once all requirements have been met the applicant’s membership status can be finalized
and they may engage in operational activities per agency and County policy.
h. An applicant who does not receive fitness for duty certification may, at their own expense,
arrange for follow-up medical assessment and/or management with another physician. If
the applicant wishes to further review their situation with the County physician, or retake
the medical examination within the next three years, the associated expenses are the
applicant’s responsibility.
i. Any member who leaves the system and returns at a later date is not required to repeat
their medical clearance, unless more than 5 years has elapsed since their last active
service date.
5. Incumbent
a. Volunteer members are not required to complete incumbent medical clearance. However,
if the member’s agency feels that a member may have become unable to perform
essential job functions due to changes in their health they may require the member to
obtain a current fit for duty certification from the County Physician. The referring agency
should contact the ACFR office to coordinate the physical.
b. Career staff will be required to complete fit for duty certifications annually.
Medical Information:
The County Physician will not share any protected medical information with anyone other than the
applicant unless the applicant specifically approves the exception in writing.
Record Keeping:
Personnel records shall be maintained by each agency per SAP-DEP-029. ACFR will maintain a
consolidated list of all active operational members and submit it to the office of the clerk of the circuit
court monthly as required by law.
An annual audit will be conducted to determine the number of active operational members to report to the
County’s insurance carrier. Any members that have not responded to a call in the past year will be
changed to an inactive status and removed from the circuit court list. Each agency will be provided a copy
of the audit for review prior to finalizing.
Claims:
1. The member or their representative shall notify ACFR of any claim for benefits.
STANDARD OPERATING GUIDELINE
Page 4 of 5
2. Albemarle County Human Resources shall provide information on continued health insurance
when applicable and the process for initiating a claim.
Appendix A
Medical Exam Components Provided by the Department’s Occupational Healthcare Provider
1. Health Questionnaire and OSHA Respiratory Questionnaire
2. Drug Screening (New Applicant only)
3. Immunizations
Screening for protection against Hepatitis-A, Hepatitis-B, Hepatitis-C, polio, HIV, measles,
mumps, rubella, tuberculosis, tetanus/diptheria, and chicken pox (Varicella) will be performed for
all new applicant exams. These screenings and needed boosters/titers will be conducted and
administered as needed.
4. Hands-On Physical
Vital Signs
Blood Pressure
Pulse
Respiratory Rate
Temperature
Height/Weight
Head, Eyes, Ears, Nose, & Throat
Vision Screening
Color Assessment
Distance Assessment
Near-Vision Assessment
Audiology Screening
Hearing Test (500-1000-2000-3000-4000Hz)
Neck
General Evaluation
Cardiovascular
Chest X-Ray
EKG
Pulmonary
Pulmonary Function Test (Spirometry)
Gastrointestinal
General Evaluation
Genitourinary
Men: Testicular & Hernia Evaluation*
o Required for at-risk individuals.
Women: Pap-Smear, Clinical Breast Exam, Mammography*
o Required for at-risk individuals.
Rectal
Digital Rectal Exam*
Fecal Occult Blood Testing*
Lymph Nodes
Neurological
Mental Status Exam
Cranial & Peripheral Nerves
Motor
Sensory
Reflexes
Musculoskeletal
General Range-of-Motion Evaluation
STANDARD OPERATING GUIDELINE
Page 5 of 5
Skin Exam
Cancer Screening
5. Laboratory Testing: Urinalysis, Complete Blood Count, Chemistry Metabolic, Lipid Profile (all).
White Blood Cell Count with differential
Red Blood Cell Count (hematocrit)
Platelet Count
Liver Function Test
Triglycerides
Glucose
Blood Urea Nitrogen
Creatinine
Sodium
Potassium
Carbon Dioxide
Total Protein
Albumin
Calcium
Cholesterol
RBC Cholinesterase
Aerobic/Cardiopulmonary Testing (Stress Test)
Required for at-risk individuals.
Follow-Up/Referral
Annual physical exam results will be forwarded to you and/or your primary care provider (PCP).
You will complete a HIPAA Release in order to release the results to you and/or your PCP.
*Individual may opt out of this element provided his/her PCP conducts this element as part of an annual exam.
The results of the exam must be forwarded to the Occupational Healthcare Provider.
§ 27-40.1:1. Performance of physical examinations required by § 27-40.1.
Any county, city or town providing death, retirement, sickness or other benefits pursuant to the authority
granted by § 27-39, or pursuant to any other provision of law or the charter of any city or town, or otherwise,
shall do so exclusive of, and without regard to, any such benefits paid or payable out of the general fund of the
state treasury pursuant to § 9.1-400 et seq. and shall by ordinance make provision for the employment of
physicians and the performance of the physical examination required by § 27-40.1 and shall cause such
examination to be made within ninety days after June 1, 1973, of every fire fighter in its service or the service
of a political subdivision with which it has contracted for fire protection and of every fire fighter entering upon
such service thereafter at the time of such entry, provided however, that any fire fighter employed by any
such county, city or town which failed to cause such physical examination to be made on or b efore January 1,
1976, for any fire fighter employed prior to January 1, 1976, in its service or the service of a political
subdivision with which it has contracted for fire protection shall be presumed to have been found free from
respiratory disease, hypertension or heart disease as if such fire fighter had been examined pursuant to § 27-
40.1. Such presumption shall also apply to the benefit of any fire fighter entering upon such service on or after
January 1, 1976, unless said county, city or town shall cause such examination to be made of such fire fighter
within ninety days after July 1, 1976. Every fire fighter entering upon such service on or after October 1, 1976,
and thereafter, shall be entitled to the benefit of such presumption unless such county, city or town shall
cause such examination to be made of such fire fighter at the time of such entry.
(1973, c. 543; 1976, c. 772; 1977, c. 326.)
Draft: June 18, 2013
ATTACHMENT C
ORDINANCE NO. 13-6(3)
AN ORDINANCE TO AMEND CHAPTER 6, FIRE PROTECTION, ARTICLE I, COORDINATED FIRE
AND RESCUE SYSTEM, DIVISION I, IN GENERAL, OF THE CODE OF THE COUNTY OF
ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 6, Fire
Protection, Article I, Coordinated Fire and Rescue System, Division I, General, is hereby amended and
reordained as follows:
By Adding:
Sec. 6-113 Physical examination for firefighters.
Chapter 6. Fire Protection
Article I. Coordinated Fire and Rescue System
Division I. In General
. . .
Sec. 6-113. Physical examinations for firefighters and other operational members.
The county shall employ physicians to perform physical examinations of (a) every salaried and
volunteer firefighter and (b) every operational member participating in any fire, rescue, or EMS service delivery
activities that may occur in a potentially hazardous environment. Such physical examination shall occur when
such firefighter or operational member enters the service of the coordinated fire and rescue system.
State law reference—Performance of physical examinations, Virginia Code § 27-40.1:1.
. . .
Return to exec summary
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Ordinance to amend Chapter 10, Offenses-Miscellaneous,
of the County Code
SUBJECT/PROPOSAL/REQUEST:
A public hearing to consider an ordinance to amend
County Code Section 10-123, Prohibited activities on
public roadways and medians
STAFF CONTACT(S):
Foley, Walker, Davis, Herrick, Sellers and Parrent
PRESENTER (S): Ron Lantz
LEGAL REVIEW: Yes
AGENDA DATE:
July 3, 2013
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
The County adopted County Code § 10-123 in 2005 to prohibit the distribution of certain materials, the solicitation of
contributions, and the sale or attempted sale of merchandise by those standing on any public roadway or median. In
order to maintain consistency with amendments to Virginia Code § 46.2-931, County Code § 10-123 requires certain
clarifying and updating amendments.
STRATEGIC PLAN:
Goal 5. Ensure the health and safety of the Community.
DISCUSSION:
The proposed ordinance (Attachment A) would amend County Code § 10-123, Prohibited Activities on Public
Roadways and Medians:
to prohibit certain distributions, solicitations and sales by persons “while on any public roadway or
median” rather than “while standing on any public roadway or median” consistent with the amended
enabling authority;
to amend the definition of “selling, offering for sale, advertising, soliciting, distributing or distribute” to
“sell, solicit or distribute” consistent with the terms used elsewhere in the ordinance;
to amend the definition of “center median” to “median” consistent with the term used elsewhere in the
ordinance;
to prohibit the delivery and sale of a service, or attempted delivery and sale of a service, on public
roadways and medians consistent with the amended enabling authority; and
to change the references to “drivers of motor vehicles or passengers therein” to “occupants of motor
vehicles” consistent with the amended enabling authority.
BUDGET IMPACT:
The adoption of the proposed ordinance would cause only a minor increase in police enforcement, provided the
County continues to follow a complaint-driven model. Staff believes that this enforcement model is manageable within
current budget and staffing.
RECOMMENDATIONS:
Staff recommends that after the public hearing, the Board adopt the attached proposed ordinance (Attachment A).
ATTACHMENTS:
A – Proposed Ordinance
Return to agenda
Draft: June 12, 2013
1
ORDINANCE NO. 13-10(1)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 10, OFFENSES-MISCELLANEOUS,
OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA.
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 10,
Offenses-Miscellaneous, is hereby amended and reordained as follows:
By Amending:
Sec. 10-123 Prohibited activities on public roadways and medians
CHAPTER 10. OFFENSES-MISCELLANEOUS
. . .
Sec. 10-123 Prohibited activities on public roadways and medians.
A. Definitions:
Roadway. As used in this section, the term “roadway” means that portion of a highway
improved, designed, or ordinarily used for vehicular travel, exclusive of the shoulder. A highway may
include two or more roadways if divided by a physical barrier or barriers or an unpaved area.
Center Median. As used in this section, the term “center median” means any area in the
middle of any roadway, designed to provide a barrier to keep traffic on one side of the road from going to
the other side of the road. A center median may be a raised concrete strip or a grass strip.
Selling, offering for sale, advertising, soliciting, distributing Sell, solicit or distribute.
As used in this section, “selling, offering for sale, advertising, soliciting, distributing or distribute” the
terms “distribute”, “solicit”, and “sell” means any such activity which involves the delivery of any
service, document, publication or other item or the intent to deliver any service, document, publication or
other item to any occupant of a motor vehicle located on a county roadway or median or any such activity
which involves the receipt of any money or any item or the intent to receive any money or any item from
the occupant of an automobile located on a county roadway or median, other than a motor vehicle parked
in a designated parking space.
B. It shall be unlawful for any person while standing on any public roadway or median
therein to:
1. Distribute handbills, leaflets, bulletins, literature, advertisements or similar
material to the drivers occupants of motor vehicles or passengers therein on any roadway or median
within the county.
2. Solicit contributions of any nature from the drivers occupants of motor vehicles
or passengers therein on any roadway or median within the county.
3. Sell or attempt to sell merchandise or services to the drivers occupants of motor
vehicles or passengers therein on any roadway or median within the county.
C. Any person, firm, organization, or corporation violating any provision of this se ction
shall be guilty of a traffic infraction, punishable as provided under state law. Each separate incident may
be considered a new violation.
Draft: June 12, 2013
2
(Ord. 05-10(1), 7-6-05)
State Law References -- Authority to enact section, Va. Code § 46.2-931.
. . .
Return to exec summary
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Ordinance to amend Chapter 12, Regulated Enterprises,
of the County Code
SUBJECT/PROPOSAL/REQUEST:
A public hearing to consider an ordinance to amend
County Code Chapter 12, Regulated Enterprises, Article
III, Dealers in Precious Metals
STAFF CONTACT(S):
Foley, Walker, Davis, Herrick, Sellers and Hopwood
PRESENTER(S): Todd Hopwood
LEGAL REVIEW: Yes
AGENDA DATE:
July 3, 2013
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
The 2013 General Assembly amended Virginia Code § 54.1-4101 to require that precious metals dealers obtain and
maintain a digital record of the form of identification used by persons involved in each purchase of precious metals or
gems. The amendments also expanded the required description of the person selling the precious metals or gems
as part of the record-keeping process.
In addition, Virginia Code § 54.1-4104 was amended to increase from ten to fifteen calendar days the retention
period that precious metal dealers are required (a) to retain all precious metals or gems in the condition in which they
are purchased and (b) when they perform the service of removing precious metals and gems, to retain both the
removed precious metals or gems and the articles from which the removal was made.
An ordinance amendment is needed to comply with these recent amendments to the Virginia Code.
STRATEGIC PLAN:
Goal 5. Ensure the health and safety of the Community.
DISCUSSION:
Staff has prepared a draft ordinance (Attachment A) to:
Amend County Code § 12-308, Records, copies of bills of sale required; inspection. The proposed
ordinance would:
o require that dealers of precious metals obtain and maintain digital images of the form of
identification used by persons involved in each purchase of precious metals or gems;
o require that “other identifying marks” be included in the description of the person selling the
precious metals or gems; and
o make other technical amendments necessary to conf orm with Virginia Code requirements.
Amend County Code § 12-311, Dealer to retain purchases. The proposed ordinance would require
dealers of precious metals and gems to retain for fifteen calendar days all precious metals or gems
in the condition in which they are purchased. The proposed ordinance would also require that when
the dealers perform the service of removing precious metals and gems, to retain both the removed
precious metals or gems and the articles from which such removal was made.
BUDGET IMPACT:
Though the proposed ordinance would require the Police Department to revise the bill of sale form for precious
metals dealers, the Department is already responsible for enforcing the existing precious metals ordinance. Staff
does not foresee the cost of enforcement increasing under the proposed ordinance .
RECOMMENDATIONS:
Staff recommends that after the public hearing, the Board adopt the attached ordinance (Attachment A).
ATTACHMENTS:
A – Proposed Ordinance
Return to agenda
Draft: June 12, 2013
1
ORDINANCE NO. 13-12(1)
AN ORDINANCE TO AMEND CHAPTER 12, REGULATED ENTERPRISES, ARTICLE III,
DEALERS IN PRECIOUS METALS, OF THE CODE OF THE COUNTY OF ALBEMARLE,
VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 12,
Regulated Enterprises, Article III, Dealers in Precious Metals, is hereby amended and reordained as
follows:
By Amending:
Sec. 12-308 Records, copies of bill of sales required; inspection.
Sec. 12-311 Dealer to retain purchases.
CHAPTER 12. REGULATED ENTERPRISES
ARTICLE III. DEALERS IN PRECIOUS METALS
State law reference—Regarding dealers in precious metals generally, see Va. Code §§ 54.1-4100 et seq.; authority of
county to enact ordinance regulating dealers in precious metals and gems, see Va. Code § 54.1-4111.
Sec. 12-308 Records, copies of bills of sale required; inspection.
A. Every dealer shall keep at such dealer's place of business an accurate and legible record
of each purchase of precious metals or gems, security arrangement, or transaction involving the removal
of precious metals or gems from any manufactured article not then owned by the dealer. The record of
each such purchase or security arrangement shall be retained by the dealer for not less than twenty-four
(24) months. These records shall set forth the following:
1. A complete description of all precious metals or gems purchased, taken as
security or removed from a manufactured article not then owned by the dealer, including the true weight
or carat of the precious metals or gems purchased or taken as security and all names, initials, serial
numbers or other identifying marks or monograms appearing on each item in question;
2. The price for each item purchased or taken as security;
3. The date, and time, and place of receiving the items purchased or taken as
security;
4. The full name, residence address, work place, home and work telephone
numbers, date of birth, sex, race, height, weight, hair and eye color, other identifying marks, and legible
handwritten signature of the seller, borrower or persons for whom the service of removal is performed
person selling the precious metals or gems;
5. Verification of the identification by the exhibition of a government-issued
identification card bearing a photograph of the person selling the precious metals or gems, such as a
driver’s license or military identification card that contains a photograph of the seller and at least one
other corroborating piece of identification. The record shall contain the type of identification exhibited,
the issuing agency, and the number thereon;
6. A statement of ownership from the seller; and
Draft: June 12, 2013
2
7. .A digital image of the form of identification used by the person involved in the
transaction.
B. The information required by subparts (1) to (5) of paragraph (A) of this section shall
appear on each bill of sale, the form of which shall be provided by the chief of police. One copy of the
form is to be retained by the dealer, one copy to be delivered during regular work hours to the chief of
police at his office within twenty-four (24) hours of the purchase or loan or mailed to the chief of police
within such twenty-four (24) hour period, and one copy to be delivered to the seller of such precious
metals or gems or to the borrower. If the purchase or loan occurs on a Saturday, Sunday o r recognized
holiday, then the delivery or mailing to the chief of police shall be made no later than 10:00 A.M. of the
next regular workday.
(11-12-80, § 1; 7-8-81; 11-14-84; 4-13-88; Code 1988, §§ 5.1-6, 5.1-7; Ord. 98-A(1), 8-5-98)
State law reference--Va. Code § 54.1-4101.
Sec. 12-311 Dealer to retain purchases.
A. The dealer shall retain all precious metals or gems in the condition in which purchased
for a minimum of ten fifteen calendar days from the time of filing the bill of sale for their pur chase with
the chief of police. During such period of time, the dealer shall not sell, alter or dispose of a purchased
item in whole or in part, or remove it from the county.
B. If a dealer performs the service of removing precious metals and gems, such dealer shall
retain the precious metals or gems removed and the article from which such removal was made for a
period of ten fifteen calendar days after receiving such article and precious metals or gems.
C. All items required to be retained hereunder shall be retained in the county at the location
specified in the dealer’s permit application. An agent of the dealer shall be readily accessible throughout
the applicable retention period to make the retained items available for inspection by the chief of police or
any law enforcement official of the state or federal government.
(11-12-80, § 1; 7-8-81; 11-14-84; Code 1988, § 5.1-9; Ord. 98-A(1), 8-5-98; Ord. 11-12(1), 2-2-11)
State law reference--Similar provisions, Va. Code § 54.1-4104.
Return to exec summary
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
FY 2014 Budget Amendment and Appropriations
SUBJECT/PROPOSAL/REQUEST:
Public Hearing on the Proposed FY 2014 Budget
Amendment in the amount of $ 5,509,444.99 and approval
of Budget Amendment and Appropriations #2014001,
#2014002, #2013003, #2014004, #2014005, #2014006,
#2014007, #2014008, #2014009, #2014010, #2014011,
#2014012, and #2014013 for local government and
school division programs and projects.
STAFF CONTACT(S):
Foley, Letteri, Davis, and Allshouse, L.
PRESENTER (S): Lori Allshouse
LEGAL REVIEW: Yes
AGENDA DATE:
July 3, 2013
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
Virginia Code § 15.2-2507 provides that any locality may amend its budget to adjust the aggregate amount to be
appropriated during the fiscal year as shown in the currently adopted budget; provided, however, any such amendment
which exceeds one percent of the total expenditures shown in the currently adopted budget must be accomplished by first
publishing a notice of a meeting and holding a public hearing before amending the budget. The Code section applies to all
County funds, i.e., General Fund, Capital Funds, E911, School Self-Sustaining, etc.
The cumulative total of the FY 2014 appropriations itemized below is $5,509,444.99. Because the cumulative amount of
the appropriations exceeds one percent of the currently adopted budget, a budget amendment public hearing is required.
STRATEGIC PLAN:
Mission: To enhance the well-being and quality of life for all citizens through the provision of the highest level of public
service consistent with the prudent use of public funds.
DISCUSSION:
The proposed increase of this FY 2014 Budget Amendment totals $5,509,444.99. The estimated expenses and
revenues included in the proposed amendment are shown below:
ESTIMATED EXPENDITURES
General Fund $ 43,665.00
Special Revenue Funds $ 3,879,941.42
Capital Improvements Funds $ 1,585,838.57
TOTAL ESTIMATED EXPENDITURES – All Funds $ 5,509,444.99
ESTIMATED REVENUES
State Revenue $ 1,299,452.00
Federal Revenue $ 739,240.02
Loan Proceeds $ (519,750.00)
Proffer Revenue $ 222,983.77
General Fund Balance $ 38,665.00
Other Fund Balances $ 3,728,854.20
TOTAL ESTIMATED REVENUES – All Funds $ 5,509,444.99
The budget amendment is comprised of thirteen (13) separate appropriations as follows:
One (1) appropriation (#2014001) to allocate $13,000.00 of funding from the Historic Preservation
Contingency to the Historical Society pursuant to the Board of Supervisors’ action on June 5, 2013. This
appropriation will not increase the budget;
One (1) appropriation (#2014002) totaling $22,165.00 for the operation of a temporary location for the Route
29 North area ambulance during the renovation of the Seminole Trail Volunteer Fire Department;
AGENDA TITLE: FY 2014 Budget Amendment and Appropriations
July 3, 2013
Page 2
One (1) appropriation (#2014003) totaling $5,000.00 for donations to the Sheriff’s Department;
One (1) appropriation (#2014004) totaling $(198,060.39) for various Capital Program projects and revenues
previously identified at the March 2013 Board work session;
One (1) appropriation (#2014005) totaling $1,617,052.00 for various Capital Program projects;
One (1) appropriation (#2014006) totaling $55,460.92 to support the Public Recreational Facilities Authority
(PRFA) for its conservation easement monitoring services;
One (1) appropriation (#2014007) totaling $16,500.00 to provide temporary staffing to the Office of
Management and Budget;
One (1) appropriation (#2014008) totaling $3,061,240.48 to reappropriate funding for various special revenue
projects;
One (1) appropriation (#2014009) totaling $137,000.00 to reappropriate funding for various General
Government Capital Program projects;
One (1) appropriation (#2014010) totaling $29,846.96 to reappropriate funding for various Stormwater Capital
Program projects;
One (1) appropriation (#2014011) totaling $6,072.00 for a 2012 State Homeland Security Program (SHSP)
grant for emergency shelter management;
One (1) appropriation (#2014012) totaling $757,168.02 to reappropriate and appropriate Community
Development Block Grant (CDBG) funding; and
One (1) appropriation (#2014013) to allocate $51,685.00 of funding from the Intern Fund to the Office of
Management and Budget. This appropriation will not increase the budget. This appropriation does not
increase the budget.
RECOMMENDATIONS:
After the public hearing, staff recommends approval of the FY 2013 Budget Amendment in the amount of $5,518,715.99
and approval of appropriations #2014004, #2014005, #2014006, #2014007, #2014008, #2014009, #2014010,
#2014011, #2014012, and #2014013 to provide funds for various local government projects and programs as described
in Attachment A.
ATTACHMENTS:
Attachment A – Appropriation Descriptions
Return to agenda
Attachment A
Appropriation #2014001 $0.00
This appropriation will not increase the County Budget.
Source: Historic Preservation Contingency $ 13,000.00
At the June 5, 2013 Board meeting, the Board authorized the expenditure of $13,000.00 to be provided to the
Albemarle Charlottesville Historical Society with the condition that any unused funds be returned to the County to be
used by Community Development for assistance with updating the County’s GIS information on Registered Historic
Resources. This funding is provided from the $13,000.00 Historic Preservation Contingency included in the FY14
Adopted Budget and will provide for the following programs:
Civil War Sesquicentennial – Battle of Rio Hill Commemoration ($8,000): This program will commemorate the
150th anniversary of the battle of Rio Hill, the only Civil War battle within this community, in March 2014. The
Virginia Sesquicentennial History Mobile will be part of the program, along with another state -developed
exhibit and a new local exhibit.
Community Educational Exhibits ($5,000): These exhibits will expand a mobile exhibit program, which began
in 2012 as part of the City of Charlottesville’s Celebrate250 program, to include themes based in Albemarle
County. These exhibits will aim to introduce the community and visitors to the rich and diverse history of the
area and will become a reusable resource for area schools.
Appropriation #2014002 $22,165.00
Source: General Fund fund balance $ 22,165.00
This request is to appropriate $22,165.00 to the Department of Fire Rescue to provide funding for the operation of a
temporary location for the Route 29 North area ambulance during the renovation of the Seminole Trail Volunteer
Fire Department. This funding will provide for the lease and related operational costs for the temporary location.
This funding is provided from the General Fund fund balance at this time. It is anticipated that the General Fund
fund balance monies for this expense will be replenished by anticipated one-time savings in the Department of Fire
Rescue’s FY 12/13 budget.
Appropriation #2014003 $5,000.00
Source: Sheriff Donation Fund fund bal. $ 5,000.00
This request is to reappropriate $5,000.00 in contributions that were received to support the Sheriff’s volunteer
reserve programs. These contributions will support the various reserve programs such as Project Lifesaver, TRIAD,
Search and Rescue, child fingerprinting, and any other programs/activities that the Reserves are involved in within
the community.
Appropriation #2014004 $(198,060.39)
Source: Loan Proceeds $ (519,750.00)
Proffer Revenue $ (42,716.23)
Gen. Gov’t Capital Fund fund balance $ 351,423.61
Sch. Capital Fund fund balance $ 12,982.23
This request is to appropriate funds from various Capital Program revenues and projects and to make other
adjustments as discussed at the March 2013 CIP Work Session:
This request is to reduce $519,750.00 in General Government Capital Program Fund loan proceeds and
$64,250.00 in General Government Capital Program Fund fund balance to reflect the approved action of
Appropriation 2013-072. This appropriation accelerated the request to fund the apparatus replacements of
the Monticello Fire Rescue Ambulance and the Scottsville Volunteer Rescue Squad from FY 14 to FY 1 3.
Each apparatus replacement is estimated to cost $288,750.00 for a total of $577,500.00. The purchase
was expedited to meet the change in service needs.
Attachment A
This request is to appropriate $349,439.61 in General Government Capital Program Fund fund balance to
serve as the County’s match to support the anticipated FY 15 Transportation Revenue Sharing Program. In
November 2013, an application will be made to the State for this round of funding.
These revenues will be used to construct priority transportation projects to be identified by the Board during
its approval of the application in November 2013. To establish County matching funds for this application
from previously identified projects, the following actions are requested:
o Appropriate $329,200.00 from Transportation-Local project to the Transportation Revenue Sharing
Program project for the County’s share; and
o Appropriate $50,239.61 from the Neighborhood Implementation Plan Contingency to the
Transportation Revenue Sharing Program project for the County’s share.
This request reduces the use of proffers for various Capital Program projects by $42,716.23 and increases
the use of the Capital Program Fund fund balance by the same amount to comply with a new State law that
prohibits the use of cash proffers for projects that do not expand the capacity of a facility. Specifically, the
use of General Government Capital Fund fund balance would increase by $29,734.00, and the use of
School Capital Fund fund balance would increase by $12,982.23.
This request reduces the use of a Martha Jefferson Hospital (MJH) proffer by $60,000.00 and increases the
use of the Stonefield proffer by the same amount to support the County's match for the Transportation and
Revenue Sharing Program. Upon further review of the MJH Proffer revenue, staff determined $60,000.00
of the $429,503.00 in available proffer funding is specifically dedicated for public transit and therefore is not
eligible for use to support the County's m atch for the Transportation and Revenue Sharing Program.
Appropriation #2014005 $1,617,052.00
Source: State Revenue $ 1,299,452.00
Proffer Revenue $ 235,700.00
Gen. Gov’t Capital Program Fund fund bal. $ 81,900.00
This request is to appropriate funds from various Capital Program projects and supporting revenues:
This request is to reappropriate $288,750.00 from Charlottesville Albemarle Rescue Squad (CARS)
ambulance 140 replacement and $288,750.00 from CARS ambulance 141 replacement for a total of
$577,500.00 to support the purchases of the Ivy Ambulance – Medic 15 at the cost of $288,750.00 and the
Earlysville Ambulance – Medic 4 at the cost of $288,750.00.
This request supports Fire Rescue’s plan that was implemented to address CARS adjusted service
coverage. Beginning on February 4, 2013, CARS no longer runs daytime calls in the County. In order to
cover these calls, Fire Rescue implemented the following plan: a daylight (M-F) ambulance was placed in
service at Seminole Trail; a daylight (M-F) ambulance was placed in service at COB-5 to cover the Ivy area
(which is to be relocated to the new Ivy station when it is operational); and an ambulance was placed at the
Earlysville station. The two new ambulances are expected to be delivered six m onths after the order is
placed. The ambulances currently being used will either be sold or kept in reserve for the system.
This request appropriates $81,900.00 in proceeds from the sale of older surplus lifepacks. The proceeds
from the sale were received by the County in FY 13, and are currently included in the General Government
Capital fund fund balance. The proceeds will be used to support the purchase of two new lifepacks and one
new training lifepack. These new lifepacks will be deployed in various EMS vehicles.
In June 2012, the Commonwealth Transportation Board approved the County’s request for the FY13
Revenue Sharing Program totaling $1,000,000.00. This request is to appropriate $1,000,000.00 in
Transportation Revenue Sharing Program State funding and $235,700.00 in Stonefield Proffer revenue
towards the County’s match and to reappropriate $380,000.00 from Transportation-Local to be applied
towards the County’s match.
This revenue supports the sidewalk projects described below:
o South Pantops Drive/State Farm Bouldevard Sidewalk: This project supports pedestrian safety
along the north side of South Pantops Drive and west side of State Farm Boulevard by constructing
3500 feet of curb, gutter and sidewalk which will serve several residential, business, and
commercial establishments. The project budget will increase $395,000 for a total revenue sharing
Attachment A
project budget of $830,000. There is $435,000 currently appropriated, which is a portion of the
County’s match. County staff anticipates receiving the necessary VDOT approvals to advertise for
bid by the fourth quarter of calendar year 2013 and expects construction to take approximately four
months.
o Crozet Avenue North Sidewalk: This project supports pedestrian safety by replacing or constructing
approximately 1100 feet of sidewalk and drainage im provements along the west side of Crozet
Avenue from Saint George Avenue to Crozet Elementary School. The project budget will increase
$383,700 for a total revenue sharing project budget of $663,700. There is $280,000 currently
appropriated, which is a portion of the County’s match. County staff anticpates receiving the
necessary VDOT approvals to advertise for bid by the fourth quarter of calendar year 2013 and
expects construction to take approximately four months.
o Hydraulic Road and Barracks Road Sidewalks: This project supports pedestrian safety by making
sidewalks improvements along Barracks Road and Hydraulic Road. The Barracks Road sidewalk
improvement involves: 1) the construction of approximately 1000 feet of sidewalk from the
Barracks West apartments on the north side of Barracks Road to the existing sidewalk west of the
Georgetown Road intersection; 2) the construction of crosswalks and two segments of sidewalk
(650 ft total) on the south side of Barracks Road between the Georgetown Road intersection and
Westminster Road, and between S. Bennington Road and the 29/250 Bypass ramps; and 3) the
construction of a crosswalk at Chaucer Road to serve an existing bus stop. The Hydraulic Road
sidewalk improvement involves the construction of approxim ately 1700 feet of sidewalk on the north
side of Hydraulic Road. The projects currently have no funds appropriated. The total revenue
sharing project budget is $837,000 for these two projects. The State match totals $221,300. The
County’s match is $380,000 reappropriated from Transportation-Local and $235,700 from
Stonefield proffer revenue. County staff anticipates starting this project in July 2014 with
completion in July 2015.
This request is to appropriate a total of $230,452.00 in FY 11 of Transportation Revenue Sharing Program
State funding to support the Crozet Streetscape Phase II project. The County’s match is already
appropriated. This will not increase the scope of the project but appropriates the anticipated use of funds
identified in September 2010. In September 2010, the Commonwealth Transportation Board approved the
County’s request for the FY11 Revenue Sharing Program funds for this project. The project is currently
underway; streetscape construction is anticipated to begin in the th ird quarter of calendar year 2013 and is
estimated to take approximately 12 months to complete.
This request is to appropriate $69,000.00 for a grant awarded by the Virginia Department of Conservation
and Recreation Recreational Trails Program Grant Progr am and the local match of $17,250.00 for the
Preddy Creek Park Phase II project. The local match is being provided by the Capital Greenway Program.
The project totals $86,250.00, and the scope includes a bridge to span seventy feet (70') across Preddy
Creek to connect the undeveloped remainder of Preddy Creek Park property, the establishment of
approximately seven miles of new and restored existing trails, and signage and mapping. Upon approval of
this appropriation, the project will begin in October 2013 and is anticipated to be completed by October
2015.
This request is also to appropriate $7,500.00 of currently budgeted funds from the General Government
Project Management Services to the Preddy Creek Park Phase II project to support the project
management costs associated with the bridge project oversight.
This request is to adjust two project budgets associated with capital projects in Crozet. The request is to re-
appropriate $181,900.00 from the Crozet Library project to the Crozet Streetscape Phase II project to
support the construction of a 200 foot extension of Main Street. The construction of Library Avenue (a.k.a.
Main Street) was initially funded from the Crozet Streetscape Phase II project. After the design was
completed for the Library, it was determine a 200 foot extension to Main Street was required to
accommodate the Library’s driveway. The cost of the extension totals $264,400.00 but is offset by
$82,500.00 for a net total of $181,900.00. The offset is for a storm sewer tie-in that was paid for with
funding in the Crozet Library project but was initially budgeted to be part of the Crozet Streetscape Phase II
project. This appropriation will not increase the total County budget.
Appropriation #2014006 $55,460.92
Source: PRFA Fund fund balance $ 53,935.13
Gen. Gov’t. Capital Program Fund fund bal. $ 1,525.79
Attachment A
As authorized by the Public Recreational Facilities Authority (PRFA) at its May 9, 2013 meeting, this request is to
appropriate $53,935.13 of PRFA Department of Conservation and Recreation (DCR) revenue received in FY 13,
which is now included in the PRFA Fund fund balance and $1,525.79 of DCR revenue received in FY 12, which is
now included in the General Government Capital Fund fund balance, for a total appropriation of $55,460.92 to Com-
munity Development to support the PRFA by providing conservation easement monitoring services during FY 14.
Appropriation #2014007 $ 16,500.00
Source: General Fund fund balance $ 16,500.00
This request is to appropriate $16,500.00 to provide temporary part-time staffing to the Office of Management and
Budget. This will provide part time assistance primarily to the Capital Improvements Program budget development
and management process due to the planned absence of a current staff memb er. This assistance is needed to
project and manage capital revenue for different funding scenarios, support the technical, oversight, and financial
committee efforts, prepare capital program manual and associated budget documents. Some overlap for training
the temporary employee will be required in advance of the current staff member’s deparature.
Appropriation #2014008 $ 3,061,240.48
Source: Federal Revenue $ 6,000.00
Other Fund fund Balance $ 3,055,240.48
The following requests are for the re-appropriation of FY 13 funds to the following projects:
Belvedere Bond Default Project: This request is to reappropriate $3,052,982.00 to support the Belvedere
Bond Default Project. The funds are proceeds from six letters of credit that secured devel oper performance
bonds for Belvedere Phase 1 and Belvedere Phase 1, Blocks 3, 4A, 5A, 6B & 9A on which the County
collected payment due to the developer’s non-performance. The funds will be used to complete the specific
improvements secured by the bonds. The County project will be conducted in 2 phases. Phase 1 is
Belvedere Boulevard from Rio Road to Free State Road (railroad bridge). This phase is currently on hold
pending resolution of funding issues and the extent of quality issues with the base asphalt identified by
VDOT. Phase 2 is the remaining Belvedere Boulevard (Free State Rd. to the Village Green) and the
residential "blocks.” Bids were opened for this phase on May 15, 2013. S. L. Williamson Company was the
sole bidder and only provided a bid on three of the nine bid items (each bonded improvement must be
shown as a separate bid item). A contract is being awarded to S. L. Williamson for the three bid items.
Once the contract is approved, notice to proceed will be issued and substantial compl etion is anticipated in
120 days. The remaining six bid items were rebid. Those bids were opened on June 12, 2013, and the
bids have been received and are currently being reviewed and evaluated.
Abington Place Bond Default Project: This request is to reappropriate $2,258.48 to support the Abington
Place Bond Default project. The County collected payment on the bond that secured the greenway path
improvements required by condition number 4 of ZMA2002-002, as the improvements were not completed
by December 31, 2010 as required. The funds will be used to address any erosion issues and any
remaining funds will be used towards the County's cost to manage the project. The County contracted with
S. L. Williamson Company to complete the paving of the pathway. It is anticipated that any remaining work
will be completed by the third quarter of calendar year 2013.
Lewis and Clark Exploratory Center (LCEC) Grant: This request is to reappropriate $6,000.00 of the
awarded grant balance from the Transportation Enhancement Fund Program administered by VDOT to
support the construction of an educational building (including transportation exhibits and river history), an
access road and parking area, and a connecting trail network, all located at Darden Towe Park. LCEC is
required to pay the project invoices and then submit reimbursement requests, including all necessary
documentation, to the County. The County is responsible for coordinating the submittal of the reimburse -
ment request documentation to VDOT and all reimbursements will be paid to the County for its pass-
through to LCEC.
Appropriation #2014009 $137,000.00
Attachment A
Source: Gen. Gov’t. Capital Program Fund fund Bal. $ 137,000.00
This request is for the reappropriation of FY 13 funds to the following General Government Capital Program project
that was not included in the carry-over estimate, as it was anticipated to be complete before the close of FY 13.
COB McIntire Brick Repointing: This reappropriates $137,000.00 to support the waterproofing of the fro nt
stairs at the McIntire County Office Building. This is the final phase of a larger project which included brick
repointing, helical tie installation, and masonry repairs. A contract with Strickland Waterproofing Company
is being finalized. A Notice to Proceed is scheduled to be issued before the end of June 2013 with
substantial completion expected in 30 days. Once this final phase is complete and all invoices processed,
any remaining funds will be returned to the CIP Fund fund balance.
Appropriation #2014010 $29,846.96
Source: Storwmater Capital Program Fund Bal. $ 29,846.96
This request is for the reappropriation of FY 13 funds for a General Government Capital Program project that was
not included in the carry-over estimate, as it was anticipated to be complete before the close of FY 13.
This request is to re-appropriate $29,846.96 to support the Downtown Crozet Regional Stormwater
Improvements project which consists of stormwater management for a 250-acre urban watershed through
channel improvements, wetlands, and biofiltration.
Appropriation #2014011 $6,072.00
Source: Federal Revenue $ 6,072.00
This request is to appropriate a 2012 State Homeland Security Program (SHSP) grant (CFDA # 97.073) awarded for a
shelter enhancement project. The purpose of the SHSP is to make grants to states to assist state and local
governments in the implementation of State Homeland Security strategies to address the identified planning,
organization, equipment, training, and exercise needs to prevent, protect against, mitigate, respond to, and recover
from acts of terrorism and other catastrophic events. This funding will provide kits for the County of Albemarle and the
City of Charlottesville Departments of Social Services to allow for registering people in a sheltering event. The kits will
include laptops, bar code scanners and bracelets to allow shelter management to know where people are.
Appropriation #2014012 $757,168.02
Source: Federal Revenue $ 727,168.02
Proffer Revenue $ 30,000.00
This request is to:
1. Reappropriate $27,168.02 in Community Development Block Grant (CDBG) funding associated with the
Scattered Site Rehab Project and Orchard Acres CDBG Planning Grant. The Scattered Site grant should be
completed by September 1, 2013 and the Orchard Acres CDBG will go under contract in early July 2013.
2. Appropriate $700,000 in CDBG funding for the Orchard Acres Rehabilitation Project and $30,000 in affordable
housing proffer funds committed as match for the grant. The project will include at least 24 housing rehabs
for low- and moderate income residents over the next 18 to 24 months in the Orchard Acres subdivision
located in Crozet.
Attachment A
Appropriation #2014013 $0.00
This appropriation will not increase the County Budget.
Source: Intern Fund $ 51,685.00
During the FY 13/14 budget process, the Board approved $166,500.00 in one-time funding to establish a flexible
one-year internship program for college and grad school graduates who are seeking experiences in local
government. The intent of the program, which has been re-named the County’s Fellowship program to distinguish it
from the County’s other undergraduate level internship programs, is intended to provide a meaningful and goal-
oriented experience in which individuals learn about careers in local government with the purpose of benefiting both
the County and the Fellow. Fellowships will last for a period not to exceed one calendar year.
This appropriation transfers $51,685.00 from the Fellowship Program Fund to the Office of Management and
Budget (OMB) to provide funding for the salary and associated costs for a one-year full time fellowship for a
Masters of Public Administration (MPA) graduate. In addition to completing a variety of policy, budget-related, and
cross-departmental duties on behalf of OMB and the County Executive’s Office, this Fellowship position will help to
establish and manage the remainder of the program to ensure its success.
Return to exec summary