1984-08-08August 18; 1984 .(Regular Day Meeting) .
August 198/4 (Regular Night Meeting)
Agenda Item No. 12. Other Matters Not on the Agenda from the Board and Public.
Mr. Fisher noted receipt of memorandum dated July 31, 1984 from Mr. George Long,
Executive Director of the Virginia Association of Counties, concerning anti'trust legislation
providing immunity for local governments (Copy of this letter is on file in the Clerk's
Office). The U. S. Senate has adopted an amendment to House Resolution 5712 concerning
anti~t legislation. The amendment has been sponsored by Senator Strom Thurmond and
would exempt local governments from damages in anti-trust actions and litigation. Mr. Long
urges that all counties, cities and towns contact their representatives to recommend that
the Thurmond Amendment be accepted and passed by the U. S. House of Representatives. Also,
U. S. Representative Frederick Boucher of the Ninth District is a member of the subcommittee
considering the amendment and Mr. Long suggests copy of the letter be sent to Mr. Boucher
as well. Mr. Fisher said the NACo staff representatives have indicated that the amendment
obtains approximately eighty percent of the immunity that local governments need. Senator
Thurmond has indicated willingness to work on the remaining twenty percent during the 1985
Session of the U. S. Congress. Mr. Fisher said in line with the suggestion of Mr. Long he
would also suggest that a letter urging support for the legislation be sent to J. Kenneth
Robinson and a copy of same to Mr Boucher. Motion was offered by Mr Way, ~seconded by
z,~. w,,~ ~o this effect. Roll was called and the motion carried b~ the following recorded
vote:
AYES:
NAYS:
Mr. Bowie, Mra. Cooke, Messrs. ~isher, Henley, Lindstrom and Way.
None.
Mr. Bowie requested a similar letter be drafted for his signature to J. Kenneth Robinson
Mr. Lindstrom requested letter for his signature be drafted to Mr. Boucher.
Mr. Fisher noted a joint subcommittee to review proposals for changing highway allocation:
will hold its first meeting on August 22, 1984 at 10:00 A.M. in Richmond.
Mr. Lindstrom asked if a public hearing has been scheduled on the revised Capital
Improvements Program. Mr. Tucker said the public hearing has been scheduled for August 23,
1984. Mr. Lindstrom said the reason for asking is because he has one item for consideration
in the program. The AWT plant was approved as an Advanced.Wastewater Treatment Plant but
was never funded. Therefore, only a secondary treatment plant exists with phosphate reduction
capacity. Mr. Lindstrom said he recently attended a conference in which the Chesapeake Bay
was discussed. There are a lot of communities in the watershed of the Bay and Albemarle
County is one of those communities. Part of the discussion at the conference was to look
at the land use impact from watersheds to the Bay. Mr. Lindstrom said the same thing is
being put into the watershed of the Bay that is being eliminated from our own~drinking
water supplies. Even though the consequences for the Bay are different in that the wa~er
is not for drinking, it is a substantial resource for fisheries. Therefore, Mr. Lindstrom
said he would like for the Board to consider the possibility of funding the additional
facilities of the treatment plant to take care of the County's contributions to the Bay
project. Mr. Agnor suggested that this be included for discussion during the j~oint meeting
between the Board and City CoUncil on August 23, 1984. No objection was received,
Agenda Item No. 13.
adjourned at 10:10 P.M.
With no further business to come before the Board, the meeting
August ~,-'~98q (Regular Day Meeting)
A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was
held on August 8, 1984, at 9:00 A.M. in Meeting Room 7, Second Floor, County Office
Building, 401 McIntire Road, Charlottesville, Virginia.
Present' Mr. Frederick R. Bowie, Mrs. Patricia H. Cooke, Messrs. Gerald E. Fisher,
J. T. Henley, Jr. (Arrived at 9:07 A M.), C. Timothy Lindstrom and Peter T. Way.
Absent: None.
Officers Present: County Executive, Guy B. Agnor, Jr.; County Attorney, George R.
St. John; Deputy County Executives, Ray B. Jones and Robert W. Tucker, Jr.
Agenda Item No. 1.
Mr. Fisher.
The meeting was called to order at 9:05 A.M. by the Chairman,
Agenda Item No. 2.
Agenda Item No. 3.
Pledge of Allegiance.
Moment of Silence.
August 8, 1984 (Regular Day Meeting)
Agenda Item No. 4. Consent Agenda. Motion was offered by Mr. Lindstrom, seconded
by Mr. Way, to approve the consent agenda with the items presented for approval and the
items presented as information. (Mr. Henley arrived at 9:07 A.M.) Mr. Fisher directed
the Board's attention to item 4.3 concerning the highway budget and partic,ularly, the
funding included for the Route 29 North expansion as well as funding included for the
City on the McIntire Road Extension. He also noted that $3,000,000 will remain to be
funded on the McIntire Road Extension even after the five year period. Roll was called
and the motion carried by the following recorded vote:
AYES: Mr. Bowie, Mrs, Cooke, Messrs. Fisher, Lindstrom and Way.
NAYS: None.
ABSTAIN: Mr. Henley.
Item No. 4.1. Request for Street Sign. Letter dated July 22, 1982 from Mr. Robert
Humphrey, Vice President of Construction, Hurt and Company, Inc., was received for street
signs to identify Westfield Road in Wynridge Subdivision (Phase II). The following
resolution was adopted:
WHEREAS request has been received for a street sign to identify
the following-road:
Westfield Road (State Route 1452) and Westfield Court
(State Route 1499) at the northwest corner of its
intersection; and
WHEREAS a citizen has agreed to purchase this sign through the Office
of the County Executive and to conform to standards set by the Virginia
Department of Highways and Transportation;
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle
County, Virginia, that the Virginia Department of Highways and Transportation
be and the same is hereby requested to install and maintain the above
mentioned street sign.
Item No. 4.2. Request to take Dunmore Road in Waverly Subdivision into the State
Secondary System by letter dated November 5, 1982 from Roger Davis, Jr., Partner of
Hasbrouck & Graham Realtors. The following resolution was adopted:
BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia,
that the Virginia Department of Highways and Transportation be and is hereby
requested to accept into the Secondary System of Highways, subject to final
inspection and approval by the Resident Highway Department, the following road
in Waverly Subdivision:
Beginning at station 10+09 a point common with the centerline
intersection of Dunmore Road and the edge of pavement of Route
614, thence in a southwesterly direction 1,348.45 feet to
station 23+57.45, a point at the end of the cul-de-sac on
Dunmore Road in Waverly Subdivision.
BE IT FURTHER RESOLVED that the Virginia Department of Highways and
Transportation be and is hereby guaranteed a 60 foot unobstructed right-of-way
and drainage easements along this requested addition as recorded by plats
in the Office of the Clerk of the Circuit Court of Albemarle County in Deed
Book 697, pages 372 and 382 and Deed Book 808, page 730.
Item No. 4.3. Letter dated July 19, 1984 from Mr. Harold King, Highway Commissioner,
was received as information regarding "Final Allocations to the Interstate, Primary and
Urban Systems and Public Transit for fiscal year 1984-85 and Six-Year Improvement Program"
for fiscal years 1984-85 through 1989-90.
Item No. 4.4. Letter dated July 26, ~1984, from Senator Paul Trible concerning
receipt of County correspondence in opposition to the construction of the proposed Piedmont
Corridor through-the South Fork R~vanna River area, was received reading as follows:
"July 26, !984
Miss Lettie E. Neher
Albemarle County Board of Supervisors
401 McIntire Road
Charlottesville, Virginia 22901-~596
Dear Miss Neher:
Thank you for the copy of your recent correspondence to Harold King of the
Virginia Department of Highways and Transportation.
I understand that Albemarle County opposes construction of the proposed
Piedmont Corridor highway through the South Fork Rivanna River due to
adverse effects on the county's drinking water.
I appreciate being informed of the County's position. I have made inquiries
into the subject, and would he happy to forward any pertinent information to
you. Please keep me advised on the progress of this matter, and do not
hesitate to contact me if I can be of additional assistance.
Sincerely,
(SIGNED BY)
Paul Trible"
August 8, 1984 (Regular Day Meeting~
Item No. 4.5. Notice of State Corporation Commission hearing .for GTE SPRINT OF
VIRGINIA, Inc., to provide inter-LATA, inter-exchange telephone services within Virginia.
Public hearing on this case is scheduled for July 27, 1984.
Item No. 4.6. Copy of letter dated July 26, 1984 from Mr. Fred L. Foster addressed
to the State Highway Department regarding improvement of Route 785 was received as information
Item No. 4.7. Residential Activity Report for 1983 was received as information from
Ms. Katherine Imhoff, Senior Planner, Department of Planning and Community Development,
dated July 10, 1984.
Item No. 4.8. Letter dated July 30, 1984 from Mr. William J. Kehoe noting appreciation
for his appointment to the Industrial Development Authority was received as information.
Item No. 4.9. Notice dated August 1, 1984 from the Virginia Employment Commission
concerning employment data for June was received as information.
Agenda Item No. 5. Approval of Minutes: March 14, 1984.
Mr. Way had read the minutes of March 14, 1984 and noted one typographical error.
He then offered motion to approve the minutes of March 14, 1984 as noted. Mr. Lindstrom
seconded the motion and same carried by the following recorded vote:
AYES: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way.
NAYS: None.
Agenda Item No. 6a. Highway Matters: Request-from Maynard Elrod re: Planning for
completion of road, drainage and recreation facilities in Briarwood.
Mr. Tucker said the staff suggests that this item be discussed when the Briarwood
PUD is heard by the Board on August 15, 1984. Motion to defer this discussion as suggested
by Mr. Tucker to August 15, 1984 was offered by Mr. Bowie, seconded by Mrs. Cooke, and
carried by the following recorded vote:
AYES: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way.
NAYS: None.
Agenda Item No. 6b. Other Highway Matters.
Mr. Dan Roosevelt, Resident Highway Engineer, was present. He referred to safety
improvement funds for the next six years, a copy of same which was distributed with the
highway allocation report. He noted the following three County~ projects in the primary
system for the next year: an $85,000 allocation for improving the intersection of Avon
Street (Route 742) and Route 20 South; an $85,000 allocation to improve the elevation on
Route 29 near Crossroads Store; and a $25,000 allocation for a right turn lane at the
intersection of Routes 250 and 677.
Mrs. Cooke asked if the Highway Department has discussed the possibility of constructing
bike paths in any areas of the County. Mr. Roosevelt said the~bike path from Georgetown
Road to Lamb's Road was a joint project between the County and the Highway Department,
but the Highway Department's policy on bike paths has been to include the paths in improvemenl
projects only when the County has a definite bike plan and is willing to participate in
the cost. Mr. Fisher said the County has a bike plan in its Comprehensive Plan. Mrs.
Cooke asked if any paths are proposed in the Woodbrook, Carrsbrook and Northfields areas.
Mr. Tucker said a path is proposed for Northfields Drive through Westmoreland and into
Carrsbrook. However, most of the paths are through undeveloped areas where the rights-
of-way can be required when development occurs. This has been a problem in the past due
to the costs involved for same. The reason is that unless the path is within the Highway
Department's right-of-way, the homeowners have to maintain the path, and that can be a
liability on the~homeowners. Mr. Tucker concluded by stating that he would send Mrs.
Cooke a copy of the bike plan as contained in the Comprehensive Plan.
Mr. Fisher then referred to the letter on the consent agenda (#4.6) from Mr. Fred
Foster regarding Route 785 and asked the status of same. Mr. Roosevelt said he explained
to Mr. Foster that only fifty feet of right-of-way is needed and further explained the
policy whereby the Highway Department will stake the necessary right-of-way needed for
improvement, but the citizens have to put the right-of-way to record. Mr. Roosevelt said
he informed Mr. Foster of the past two attempts to obtain the right-of-way; neither were
successfUl. Mr. Foster will discuss this matter with the property owners to determine if
attitudes have changed regarding the dedication of the necessary right-of-way to improve
the condition of Route 785.
August 8, 1984 (Regular Day Meeting)
Agenda Item No. 14. Authorization to execute lease with Monticello Community Action
Agency.
Mr. Agnor said the Community Action Agency has for a number of years occupied the
building on Fourth Street N.E. which is jointly owned by the City and County. This
agreement sets out the responsibilities of the three parties involved; specifically, the
County, City and the Community Action Agency. Mr. Agnor said the lease is only for a
year and he is not certain if the lease is meant to be self-renewing or for some reason
limited to a year. Therefore, he will examine this fUrther and advise the Board at a
later date. In conclusion, Mr. Agnor said he is requesting approval to execute the lease
on behal£~of the County.
Motion was offered by Mr. Bowie, SeConded by Mr. Lindstrom, to authorize the County
Executive to execute the following agreement regarding the lease with the Community
Action Agency and the City and County for the building at 414 Fourth Street., N.E. Roll
was called and the motion carried by the following recorded vote:
AYES: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way.
NAYS: None.
This Agreement, made this 15th day of August, 1984 by and between the
CITY OF CHARLOTTESVILLE, hereinafter referred to as the City, the COUNTY OF
ALBEMARLE, hereinafter referred to as the County, and the MONTICELLO AREA
COMMUNITY ACTION AGENCY, DREWARY J. BROWN, JOB TRAINING CENTER, hereinafter
referred to as MACAA.
WITNESSETH
The parties to this agreement, for the mutual benefits contained herein,
do agree as follows: ~
1. The City and County shall allow MACAA to use the building at 414 4th
Street, NE, Charlottesville, Virginia for offices at no cost to MACAA.
2. MACAA agrees to operate non-profit human service programs from said offices.
3. MACAA agrees to maintain the sinks, commodes, drain lines and other fixtures
in day-to-day working order, and to assume the cost of repairs due to negligence
or misuse; the City agrees to make any necessary major repairs to the plumbing
system, as it may deem cost effective. MACAA agrees to make day-to-day minor repairs
to the lighting fixtures, such as supplying and Changing light bulbs, and to assume
the cost for repairs due to negligence or misuse; the City agrees to make any
necessary major repairs to the electrical system, as it may deem cost effective.
MACAA agrees that any electrical equipment will be installed in accordance with
the manufacturer's recommendations and code requirements.
4. The City agrees to maintain the heating, ventilating and air conditioning
equipment at said building according to the agreement by and between the City,
through the Building Maintenance Division of its Public Works Department, and
MACAA, effective July 1, 1984'.
5. MACAA agrees to be solely responsible for whatever telephone system its-
operation needs.
6. MACAA agrees to reimburse the County for the cost of any insurance carried
by the County on the structure.
'- -7. ~M~CA~ agrees to be responsible for performing all custodial tasks, including
the removal of the waste and garbage, periodic interior painting and maintenance
of the premises in a clean and safe condition.
8. MACAA agrees to make no alterations or improvements to the structure without
prior City approval.
9. The County agrees to share with the City the cost of any major repairs to the
structure or the electrical, plumbing, heating, ventilating or air conditioning
systems thereof, provided such repairs are deemed cost effective by both the County
and the City.
10. This agreement shall remain in effect until June 30, 1985.
Agenda Item No. 17. Appropriations.
Mr. Agnor summarized the following memorandum dated August 3, 1984 from Mr. Melvin
Breeden, Director of Finance, regarding the Fiscal Year 1983-84 preliminary year end
report, transfers, and appropriations of same:
"General Fund
General Fund Revenues exceeded budget estimates by approximately $3,100,000 in
the major categories as follows:
1. General Property Taxes
2. Other Local Taxes
3. Permits
Use of Money & Property
5. Charges for Service
6. Miscellaneous Revenue, State & Federal Revenues
$1,580,000
1,225,000
37,000
540,000
121,000
- 403,000,
$3,100,000
August 8, 1984 (Regular Day Meeting)
This excess revenue is mainly due to the improved economy which resulted in
unexpected new construction, purchase of vehicles, and retail sales all of
which naturally increased tax assessments and sales tax revenues.
General Fund expenditures, excluding transfers to other funds, for the Fiscal
Year totalled $11,573,760 leaving an unexpended balance of budgeted
appropriations in the amount of $556,606. Requests from various departments
to reappropriate unexpended balances total $176,015.
This combination of excess revenues and unexpended balances will result in
an increase in the General Fund Balance of $3,480,591.
Within the General Fund only one operating department exceeded their budgeted
appropriation which will require a transfer to cover the overexpenditure; also,
the appropriation for Refunds was overexpended.
School Fund
School Fund Revenues for the fiscal year totalled $26,829,944, additional
revenues of approximately $538,000 will be accrued for a total of $27,367,944;
this is $92,265 less than budget estimates. The primary reason this occurred
was that $64,000 in local funds was not needed for debt service expenditures.
The net result being that School Fund Revenues were within $29,000 of their
revised projections.
School Fund expenditures totalled $27,227,500 which is $232,709 less than
budgeted appropriations, of this amount $4,500 will need to be reappropriated.
The School Fund will end the year with a positive balance of $135,000. Several
School Fund categories were overexpended and requests will follow to transfer
funds for same.
Joint Security Fund
Receipts in the Joint Security Fund exceeded expenditures by $4,000 and refunds
to the localities will be made after the final audit.
The following are itemized reappropriations requested:
GENERAL FUND
D, epartment/Reason
Code Amount
County Executive 1 1000 12010 700200
(Furniture for Deputy County Executive ordered but not received)
Personnel 1 1000 12030 300200
(Insurance management consulting fees which have not been invoiced)
Registrar
(Maintenance contract on CRT)
(Table for CRT)
1 1000 12030 300500
1 1000 12030 700200
Police
(Liability insurance)
(Three cars)
(Radios)
1 1000 31010 530700
1 1000 31010 700100
1 1000 31010 700301
Sheriff
(Uniforms)
1 1000 31020 541000
911 System 1 1000 31040 700300
(Cost of radio console to be furnished by the County)
Engineering
(Road work - Ashmere Drive)
(Computer equipment)
1 1000 41000 309904
1 1000 41000 700200
Refuse Disposal 1 1000 43000 601000
(Final billing for Ivy Landfill operation)
Staff Services
(Maintenance contract)
(Supplies)
(Three vehicles for car pool)
1 lO00 43000 300500
i lO00 43000 540700
1 1000 43000 700500
Social Services
(Office furniture)
1 1000 53010 700200
Library 1 1000 73020 701002
(Fire detection system at two library branches)
SCHOOL FUND
Business Administration 1 2000 60130 999999
(Furniture and supplies on order and not received)
DEBT SERVICE FUND
Literary Fund Loan - Walton
Literary Fund Interest - Walton
I 9000 68000 582123
i 9900 68000 582223
TOTAL
$ 3,300
6O0
150
2OO
6,200
29,000
3,000
300
30,000
525
2,700
71,000
1,400
325
20,215
4,100
3,000
4,500
12,000
9~000
$21,000
:318
August 8, 1984 (Regular Day Meeting)
Principal and interest payments for Walton School were not included in the 1984-85
budget, therefore, requiring an increase in the General Fund transfer to the Debt
Service Fund."
Motion was offered by Mr. Lindstrom, seconded by Mrs. Cooke, to approve the reappropriati
of the 1983-84 Fiscal Year balances as set out above with a total for the General Fund in
the amount of $176,015; School Fund in the amount of $4,500; and Debt Service Fund,
$21,000. Roll was called and the motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way.
None.
Mr. Agnor continued by summarizing the transfers as set out in the above referenced
memo from Mr. Breeden:
"Several cost centers within the General Fund and School Fund incurred expenses
which exceeded the budgeted appropriations. In order to eliminate these
overexpenditures, the following transfers are requested:
General Fund
From:
To:
Personnel $15,500
Staff Services $11,400
(The cost of electricity in Phase II of this building exceeded
the budget estimate.)
To:
Refunds $2,100
(Several refund items exceeded budget projections, primarily in
building permit refunds.)
To:
Contributions-General Management $400
(Salary expense for the Thomas Jefferson Planning District Commission
member was under estimated.)
To:
Contributions-Human Development $1,600
(Services provided by the District Home exceeded the budget projections.)
School Fund
From:
To:
Fixed Charges $43,500
Administration $8,500
Capital Outlay $35,000
(These overexpenditures in the School Fund are the accumulation
of numerous small overexpenditures at various schools and
administrative cost centers for capital outlay items, salaries
and fringe benefits.)
~pplemental Appropriation
The excess revenues from the McIntire Trust Fund were disbursed in accordance
with the Trust Agreement and will require an appropriation in the amount of
$700.00 as a result of the overexpenditure."
Mr. Fisher said the $35,000 in capital outlay did not seem to be an accumulation of
small overexpenditures to him. Mr. Agnor said the items are things such as school desks
and custodial equipment. Mr. Lindstrom asked if the request for $35,000 was a last
minute purchase due to some remaining funds being found at the end of the year. Mr. Agnor
said he had questioned that and the answer is no. He then explained the procedure in
which the school purchases are handled. The cut off for purchases was May and the invoices
were late in being received. Further, school principals were required at the beginning
of the school year to place a ten percent hold on purchasing supplies until it was determined
if there would be sufficient revenues. Therefore, the ten percent hold was released in
April and same resulted in the purchases. Mr. Agnor said if the Board desired, he would
obtain a list of the costs involved. No requests for the list was made by any Board
member.
Motion was offered by Mr. Lindstrom, seconded by Mrs. Cooke, to approve the transfers
as outlined above of $15,500 from the General Fund Personnel Budget, and $43,500 from the
School Fund Fixed Charges category for the above stated purposes and to also adopt the
following resolution. Roll was called and the motion carried by the following recorded
vote:
AYES:
NAYS:
Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way.
None.
BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia,
that $700.00 be, and the same hereby is, appropriated from the McIntire
Trust Fund and coded to the McIntire Trust Fund; and
FURTHER RESOLVED that the RevenUes section of the 1983-84 County Budget
is hereby amended by the addition of $700.00 to Code entitled McIntire Trust
Fund; and
FURTHER, that this appropriation is effective this date.
ns
August 8, 1984 (Regular Dyy Meeting)
319
Agenda Item No. 7. CPA-84-6. Public Hearing: Amendment to the Comprehensive Plan
to recommend Iow density residential as opposed to industrial usage in Woolen Mills area.
(Deferred from August 1, 1984.)
Agenda Item No. 8. ZMA-84-17.
properties from LI to R-2 and R-4.
(Deferred from August 1, 1984.)
Margaret and Michael Van Yahres, et al. Rezone
Located on Market Street in Woolen Mills area.
(These two petitions are to be considered together.)
Mr. Tucker said this was deferred from August 1, 1984 in order that a detailed map
showing the properties involved and those not involved in the rezoning could be presented
along with an analysis of the number of units resulting from the rezoning. Mr. Tucker
said a lette~ has been received from the property owners involved with a request to defer
ZMA-84-17, but the property owners do request action on CPA-84-6. However, the staff
recommends both petitions be deferred in order that both can be considered together. A
new application is required for ZMA-84-17 because one parcel needs to be R-4 and not R-2
to meet the intention stated at the August 1 meeting for a duplex. Therefore, the staff
recommends indefinite deferral of both petitions.
Mr. Michael Van Yahres, one of the property owners, was present and asked the reason
for recommending deferral of CPA-84-6. Mr. Tucker explained that the Comprehensive Plan
amendment is based on the rezoning request which was low density and the amendment should
be medium density residential due to the small acreages involved,
Mr. Fisher said even if the Board proceeded with CPA-84-6, the current problem would
not be resolved. Mr. Tucker said that is correct because the Comprehensive Plan is not
appropriate for the uses existing. Therefore, the density could not be changed from the
industrial zoning to R-2 and R-4 and make the uses conforming.
Mr. Lindstrom offered motion to defer CPA-84-6 and ZMA-84-!7 indefinitely as recommended
by the staff. Mr. Way seconded the motion. Mr. Fisher said for the record, he would
like to state the hope that this matter is pursued in order that the desires of the
property owners to have the area developed in a residential way can be achieved. Roll
was called and the motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way.
None.
Agenda Item No. 19. Business License Refund.
Mr. Agnor summarized the following memorandum dated August 37 1984 from Mr. Melvin
Breeden regarding a business license refund:
"In 1978, Virginia Code Section 58-266.1 was amended to exclude from gross
receipts subject to a local license the receipts earned by a corporation,
which is a member of an affiliated group of corporations, from other members
of the same affiliated group.
Jefferson Data Services which is a wholly owned subsidiary of Jefferson
Bankshares has continued since 1978 to report gross receipts for services
provided to the parent corporation and accordingly were billed on these
receipts and paid the license tax.
This change in state law went unnoticed by Jefferson Data Services until
recently and on June 1, 1984 a refund request was received for the taxes
erroneously reported and paid.
This office has reviewed their request and based on Virginia Code Section
58-1152.1 certifies that Jefferson Data Services meets the requirement
for a refund in the amount of $11,987.44 for the license years 1981, 1982,
and 1983 since the request was made within three years of the last day of
license year 1981.
The 1984-85 .appropriation of $6,000 is not sufficient to cover this refund
and will be needed for additional refunds during the fiscal year. Therefore,
I respectfully request a supplemental appropriation as follows:
Business and Professional License Refund 1-1000-92010-580305 $12,000"
Mr. Agnor recommended approval as requested in the above memorandum with the money
to be appropriated from the General Fund Balance. He also noted that a public hearing is
not necessary for this appropriation since State law does not require a public hearing
unless the appropriation equals one percent of the total budget and that is not the case.
Motion was offered by Mr. Lindstrom, seconded by Mrs. Cooke, to adopt the following
resolution as recommended by the County Executive. Roll was called on the motion and
same carried by the following recorded vote:
AYES:
NAYS:
Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way.
None.
BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia, that
$12,000.00 be, and the same hereby is, appropriated from the General Fund and
transferred to the General Fund and coded to 1-1000-92010-580305 entitled Business
and Professional License Refund;
AND FURTHER, that this appropriation is effective this date.
320
August 8, 1984 (Regular Day~.Meeting)
Not Docketed, At 9:50 A.M., Mr. Lindstrom requested an executive session since the
next scheduled public hearing was not scheduled until 10:00 A.M. The executive session
is requested in order that court actions on August 7, 1984 concerning the Garlick Tract
litigation can be reported by the County Attorney. He then offered motion to adjourn into
executive session to discuss legal matters as referenced above. Mrs. Cooke seconded the
motion and same carried by the following recorded vote:
AYES:
NAYS:
Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way.
None.
The Board reconvened into open session at 10:02 A.M.
Agenda Item No. 9. Public Hearing: Amend Project Areas Map of Albemarle County
Service Authority to include Parcel 70-A, Tax Map 60, Lot 2, consisting of 2.199 acres in
Terrell Subdivision in the Service Authority sewer utility system. (Advertised in the
Daily Progress on July 24 and July 31, 1984.)
The Board at its meeting on July 11, 1984 adopted a resolution of intent to consider
the verbal request of Mr. Ken Erkenbrack to amend the project areas map of the Service
Authority to include his parcel of land (Parcel 70-A, Tax Map 60, Lot 2), consisting of
2.199 acres into the sewer utility system of the Albemarle County Service Authority. The
Board also requested that a staff report indicating the implications of a decision to
approve this request and the implications to include the five contiguous lots be presented
at this public hearing. Mr. James Donnelly, Director of Planning and Community Development,
was present and gave the following staff report. He noted that after investigation the
staff determined that only four lots, specifically lots 3, 4, 5 and 7 are contiguous to
the existing sewer line. He then presented the following staff report:
"Zoning and Current Utility Service:
Mr. ErkenBrack's lot is presently zoned RA (Rural Areas) as are lots 3, 4,
5 and 7 with lot size varying from 2.008 acres to 3.414 acres. Ail lots
are presently located within the 'water only' service area of the Albemarle
County Service Authority.
Comprehensive Plan:
Mr. ErkenBrack's lot and the others being considered are located outside of
the urban growth area as a result of their location in the South Fork Rivanna
River Watershed.
It has been the Board of Supervisors policy in the past to limit utility
service to those areas located outside of the County's designated growth areas
and/or those areas located within the watershed of a drinking water impoundment.
This policy is an effective device for discouraging intensive development in those
areas not designated for future growth and development, as well as those areas
of drinking water impoundments which are most sensitive to development impact.
Mr. ErkenBrack's lot as well as lots 3, 4, 5, and 7 fall within the designated
area for limiting utility service.
~plications:
The restriction of water and/or sewer service to an area would have limiting
effects on the area's development potential, particularly if the area was
undeveloped and rural in character. The fact that the area in question is
already platted, in the process of being developed and is presently contiguous
to existing sewer service would negate the policy of limiting utility service
(and as a result intensive development) for the purpose of protecting
drinking water impoundments and their watersheds.
Future implications of approval include:
- the setting of a precedent for future approvals of similarly situated
parcels of land;
- the impact of allowing development served with public water and sewer
service and the effect this development will have in the environmentally
sensitive watershed impoundment areas.
Recommendations:
It is recommended that the request be approwed with the following conditi'ons:
1. Allow sewer service to lots contiguous to the existing sewer line;
It is further recommended the Board adopt a written policy of Service
Authority jurisdictional amendments governing: water only, water and sewer,
and water only to an existing structure."
Mr. Fisher said the word "to" in the staff report regarding the Board's past policy
to limit utility service to those areas. . . concerns him because the word ~'to" means the
service cannot be provided anywhere else. Mr. Donnelly said the word "to" should be
"in". Mr. Fisher said that clarified his concern.
321
August 8, 198q (Regular Day Meeting)
The public hearing was opened. Mr. Ken ErkenBrack, applicant, was present and said
his lot and the other three, lots 3, 4 and 5 lie along 01d Forge Road.. Recently a sewer
line was constructed along Old Forge Road. Mr. ErkenBrack said his intention is to build
on lot 2 and he would prefer to connect to the Authority's public sewer line. Further,
since this area lies in the watershed, being allowed to hook to the sewer line would
eliminate individual septic systems for the four lots and further reduce the impact on
the reservoir.
With no one else present to speak for or against the request, the public hearing was
closed.
Mr. Lindstrom stated concern about the staff recommendation because the Board has
struggled for a long time to maintain the integrity of the entire watershed area. He is
concerned about the number of lots beyond this particular area that could possibly be
connected to other existing sewer lines, using the same argument. Therefore, Mr. Lindstrom
did not support the staff recommendation for approval because same would be a departure
from the Board's well established policy to discourage any intrastructure improvements in
the watershed area that could provide higher densities either now or in the future. Mr.
Lindstrom then offered motion to deny the request to amend the project areas map of the
Albemarle County Service Authority to include Parcel 70-A, Tax Map 60, Lot 2, into the
Authority's sewer utility system due to the location of said parcel being within the
South Fork Rivanna River Watershed. Mrs. Cooke seconded the motion.
Mr. Bowie said he did not understand condition #2 in the staff report because he
thought a written policy existed. Mr. Donnelly said he could not find a written policy
and did feel one is needed. Mr. Tucker said the idea is basically outlined in the Comprehensi~
Plan but there is no specific policy set out. The Comprehensive Plan states that development
and growth will be controlled outside of a.designated growth area and the Board adopted
the project area boundaries of the water and sewer intrastructure. Access to a public
water line for existing structures is allowed only when located near a designated growth
area. Mr. Tucker said with those items and if the Board so construes that to be policy,
then there is a policy.
Roll was then called on the motion to deny the request and same carried by the
following recorded vote:
AYES:
NAYS:
Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way.
None.
Mr. Agnor asked if the Board desired the staff to draft a policy as recommended by
Mr. Donnelly. Mr. Fisher felt a policy does exist with the project areas map and revisions
to same. Mr. St. John said anything called a policy should either be in the Comprehensive
Plan or in ordinance form. Mr. Fisher asked if the project areas map is part of the
Comprehensive Plan. Mr. Tucker said yes, in terms of showing water and sewer, but contains
no specifics. Mr. Fisher recommended the staff and County Attorney discuss this further
and if a decision is made that the map is not providing enough guidance in making recommendatic
then advise the Board of what to do in regards to this concern.
Mr. Henley/said he understands the Board's action, but is concerned that the public
will not. He/felt the motion promotes the idea that the Board will not approve a sewer
line extension anywhere and a sewer interceptor is being extended to Crozet. Mr. Lindstrom
did not hav~ any problem with a written policy and noted that the Crozet situation is
different./ He then related the report done several years ago about small impoundments.
The conclusion of the report was that many of the small impoundments would be difficult
to maintain, as well as stating uncertainty about the performance of the impoundments.
Therefore, a decision was made that same would not be feasible. Mr. Lindstrom said
generally the policy has been to not extend sewer lines anywhere that would stimulate
growth in the watershed. No further comments or suggestions were offered at this time.
Agenda Item No. 10.
preservation.
Discussion:
Piedmont Environment Council's proposal for historic
Mr. Robert Dennis, President of the Piedmont Environmental Council, was present to
discuss the Council's proposal for historic preservation. Even though specific details
are not available at this time, Mr. Dennis said the Board's response on the proposal will
help the Council develop the proposal ~nto final details. The proposal has to be in
final form within the next two weeks in order that same can be submitted to the Virginia
Historic Landmarks Commission within the necessary time frame to be eligible for consideration
of a Federal grant that is available through the Commission for a planning project in the
general area of historic preservation. Mr. Dennis said the intent of the Council is to
work in two areas of the Council's service region; specifically, Loudoun/Fauquier County
and Albemarle County. The bulk of the work will be done by consultants who will be
selected by the Council under the terms of the Virginia Procurement Law. Mr. Dennis said
for more than a decade the Council has been promoting historic protection, farm land
preservation and rural conservation throughout nine counties in the northern Virginia
Piedmont. He further noted that approximately thirteen percent of all the private land
in the nine counties is dedicated in one way or another to-rural protection which is
mostly agricultural and forestal district protection. The Council works with county
governments on local planning for and implementation of concepts and programs such as
agricultural and £orestal districts, and most recently on transfer of development rights.
A continuing interest has been historic preservation, but the interest of the Council
tends to embrace the historic aspects of landscape and region rather than individual
sites. The Council is also interested in the preservation of historic settings as well
as historic places or structures. Last month the Council formally proposed to county
governments in the service area to cooperatively work to create a regional rural conservation
unit known as the Virginia Piedmont Reserve. The Council feels this may eventually
-embrace one million acres in the nine counties. The intent of the proposal is to enhance
222
August 8,11984 (Regular Day Meeting)
farm and forest industries, protect the rural tax rates and.protect a wide range of
Public values such as open space and water supply. Mr. Dennis said some extra funds are
needed to allow the Council to do field work and to work in specific areas to attempt
implementing rural conservation concepts. The project being proposed focuses on identificatio~
and protection of historic values. Mr. Dennis said the boundaries in Albemarle County
have not been defined at this time, but the basic region is the Monticello/Michie Tavern
area. Mr. Dennis said the Council does not feel the Historic Landmarks Commission will
look favorably on the proposal for a grant if the County in which the work will be done
does not support the concept. Therefore, the request is for the Board to endorse the
concept. The proposal will be submitted in detail as soon as possible. Mr. Dennis said
the request is also for the County to provide some staff assistance which can be considered
as an in-kind match for the grant. Staff assistance is envisioned to be twenty to twenty-
five percent of a person's time over the course of a year in which the project will be
conducted. A person with knowledge of information already compiled in this subject will
be of assistance to the consultant in order that information is not repeated. Secondly,
the Council ~hopes the staff person can identify some county leaders to serve on a citizens
task force for the project. Once the task force is established, continuing services will
be needed to respond to ideas of the Council. Finally'when the proposal is developed,
the staff person would be very helpful to provide suggestions for an implementation plan
of same.
Mr. Fisher said whenever the Board proposes an historic district or zoning category,
there has been opposition from the few landowners that would be affected by same. As he
understands, this proposal will be totally voluntary. Mr. Dennis said in the two study
regions~, the Council will look for implementation strategies that will rely on voluntary
action by the property owners. He is not promising that a regulatory ordinance may ~not
be suggested. At this time, the concept of the proposal is to find a new incentive
system that would receive voluntary compliance. Mr. Dennis said the Council does not
feel a lot of the most important parts of the rural areas can be preserved by regulation
due to state laws governing same.
Mr. Fisher said there are a number of historic properties in the county and some
citizens have urged the Board to prevent inappropriate development adjacent to the structures.
He is inclined to support the request but is not certain of the staff time requested.
Mr. Dennis said three months of staff time throughout the year in which the work will be
done is the amount of time envisioned.
Mr. Agnor said Mrs. Peggy Van Yahres indicated in her letter dated August 3, 1984
that approximately three to four weeks of staff time was necessary. Since historic
zoning is included in the staff's current work schedule, that amount of time would have
been no problem. However, he needs to examine the work Schedule if the time is to be
three or four months. Mr. Dennis said the estimated time needed is the extreme and if
only three to four weeks can be offered, that will be fine.
Mr. Lindstrom said although there is a question concerning the amount of staff time
necessary, he does support the concept. The basic reason for support is due. to a number
of landowners stating interest to him that a proposal Of this type be adopted for the
County. He then offered motion to adopt the following resolution supporting the concept
as presented by Mr. Dennis and including in the resolution staff cooperation in a reasonable
fashion as determined by the staff. Mr. Lindstrom said if more staff time is necessary,
then reconsideration of same can be given'. Mr. Henley said he supports the study to
develop a concept only. Mr. Lindstrom said that is his motion and does not involve any
regulations that may result from the study. Mr. Henley said he will second the motion on
that statement.
Mr. Bowie said he is concerned about the amount of land being discussed but if this
is only to support the concept and provide county staff assistance, then he will support
the motion.
Mrs. Cooke supported the motion but felt the statement ~about preservation of Monticello
and Michie Tavern needs clarification. She stated concern about the commercial activity
at Michie Tavern and hoped the study would prevent that type of development.
Roll was then ca'lled on the motion and same carried by the following recorded vote:
AYES:
NAYS:
Mr. Bowie, Mrs.. Cooke, Messrs. Fisher, Henley, Lindstrom and Way.
None.
BE IT RESOLVED that we, the Board of Supervisors of Albemarle County, Virginia,
do hereby support the concept for the Piedmont Environmental Council to submit to
the Virginia Historic Landmarks Commission, a proposal to preserve historic and
rural lands in Virginia.
Agenda Item No. 20. Budget Amendments Per Compensation Board Action.
Mr. Agnor summarized his memorandum dated July 27, 1984 regarding budget amendments
necessary as a result of Compensation Board action. Mr. Agnor said figures in the 1984-85
Appropriation Ordinance for the Sheriff, Commonwealth's Attorney and Clerk's Office were
all based on five percent salary increases for employees in these offices. This was
explained during budget work sessions that same would be adjusted later in accordance
with allowances approved by the State Compensation Board. When final approval was received
from the State CompensatiOn Board these employees salaries had been increased by 9.6
percent over the prior year unless the employee had reached the top of the scale. Mr.
Agnor said with the exception of the employees in the Sheriff's Department, who had been
receiving salary supplements from the County, all of the salary increases exceeded five
percent. The Board agreed during the budget work sessions that the deputies would receive
a salary supplement for only one more year which would provide a five percent increase
August 8, 1984 (Regular Day Meeting)
for 1984-85. Mr. Agnor said the Sheriff's salary supplement was discontinued effective
July 1, 1984 with the transfer of law enforcement responsibilities to the Police Department.
Mr. Agnor said the State reimburses the County for additional costs for the Commonwealth's
Attorney and the Sheriff's offices. The additional costs of the Clerk's office will be
taken from the fees collected in excess of the costs of operations. Mr. Agnor said the
total amount of the budget increase for the three departments which includes salaries and
fringes totals $38,278. In order to off-set the increase of $38,278, two revenue adjustments
are necessary. One in the amount of $4,862 for Clerk's Fees and a total of $29,856 in
Shared Expenses-State. Finally, Mr. Agnor said a transfer of $4,560 is necessary from
the Board of Supervisors--Contingency line item to cover the amount of revenues expected
against, the appropriations. Mr. Agnor recommended that the following adjustments for the
appropriations in the three departments be approved as well as approval of the adjustments
for the 1984-85 revenues as follows and the transfer as he indicated from the Board
of Supervisors budget:
CODE
"3~20 (Sheriff's Department)
100100 Salaries
200100 FICA
200200 Retirement
200600 Group Life
Subtotal
INCREASE
$20,700
1,450
2,380
200
$24,730
22010 (Commonwealth's Attorney)
100100 Salaries
200100 FICA
200200 Retirement
200600 Group Life
Subtotal
$ 7,321
440
865
60
$ ~,6U6
21060 (Clerk of the Circuit Court)
100100 Salaries
200100 FICA
20C200 Retirement
200600 Group Life
Subtotal
GRAND TOTAL
$ 4,062
280
495
25
$ 4,862
$38,278
19_8.4-85 Revenue Adjustments:
CODE REVENUE ADJUSTMENT INCREASE
1-~00 Charge for Services
160102 Clerk's Fees + 4,862
23000 Shared Expenses - State
230100 Commonwealth's Attorney + 8,686
230201 Sheriff's Office +20~170
TOTAL REVENUE INCREASE $33,718
Transfer $4,560 from the Board of Supervisors--it010-309907 Contingency,
to cover the amount of revenues expected against the appropriations.
Motion to approve the recommendation of the County Executive was offered by Mr.
Bowie, seconded by Mrs. Cooke, and carried by the following recorded vote'
AYES:
NAYS:
Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way.
None.
Agenda Item No. 21. Report: Appointment Procedures for Boards and Commissions.
Mr. Agnor said .at the July 11, 1984 meeting, the Board requested the staff to review
the current procedure it is using in making appointments to boards and commissions. In
conjunction with the review, the staff was directed to recommend procedures to assist the
Board in making the appointments in a more coherent and timely manner. Mr. Agnor said
Ms. Sandy Reinset, Administrative Assistant, in her memorandum dated July 30, 1984,
indicates two major problem areas which impact the appointment process. One, the large
number of boards and commissions in existence, and the selection process being used is a
problem. Mr. Agnor said the following summarizes the review of the appointment procedures
as contained in his memorandum dated August 2, 1984:
"1. There are in excess of 100 citizen appointments to 32 County,
Regional, and County/City organizations. The majority are at-large
appointments, meaning not representative of magisterial districts.
2. The terms of the appointments largely evolve around July and
January expiration dates.
3. The current Board policy on procedures for making appointments,
which is quoted in the staff memorandum is inadequate to handle the com-
plexities involved. (The Board of Supervisors' policy for filling board
and commission appointments as adopted on June 29, 1983 is as follows:
'Advertise for applications, set a deadline as to when applications will
be taken, forward applications received to the Board with items for the
first meeting in each month at which time the Board will tell the
Clerk which persons to call for an interview at the second meeting in
the month. It should be clear in the advertisement for applications
that all applications will be released to the public if so requested.')
August 8,11984 (Regular Day Meeting)
The following recommendations are made for Board consideration:
1. A distinction be made as to which appointments are to be
advertised, the distinction being that magisterial appointments not be
advertised; all at-large appointments be advertised.
2~ The advertisements be made twice a year in April and November,
with appointment targeted for completion ninety days later (July and
February).
3. A revised policy be adopted on creating new boards and commissions,
and on procedures for making appointments. This revised policy should be
readopted every two years in the Board's January organizational meeting
to keep it current, and to introduce it to new Board members.
4. Membership in three agencies be realigned to magisterial district
representation (Equalization Board, Welfare. Board and Transportation
Safety Committee).
5. The number of organizations be reduced by merging four agencies
into two (BOCA Code Board of Appeals with Fire Protection Board of Appeals;
Road Viewers with Transportation Safety Committee).
Your approval of the recommendations is requested. If adopted, it is
the staff's belief that the appointment process will be improved."
Mr. Agnor said to elaborate further on the findings by Ms. Reinsel, she recommends
that any inactive board or commission which has not met once in a twelve-month period be
abolished unless same is necessary to meet a Federal, State or other mandate. There are
no boards currently in this status but it is felt that the provision should be included
in the policy. As for the comments on merging four boards into two boards as noted in
recommendation #5, Ms. Reinsel is of the opinion that the BOCA Code Board and the Fire
Prevention Board have simila~ functions, membership requirements, and they also share two
of the same members. Therefore, she recommends combining the two into one board. Secondly,
the Road Viewers only meet once or twice a year and the function of the group is no
longer required by State statute. Therefore, Ms. Reinsel recommends that either the
group be abolished or combined with the Transportation Safety Committee. Mr. Agnor
concluded by stating that the recommendation is for approval of the following policy as
compiled by Ms. Reinsel and that same be reconsidered at the Board's organizational
meeting held each January:
ALBEMARLE COUNTY BOARD OF SUPERVISORS
POLICY FOR BOARDS AND COMMISSIONS
A. CREATION OF NEW BOARDS AND COMMISSIONS
1. On an annual basis the list of active boards and commissions will
be purged of all bodies not required by Federal, State, County or other
regulations, which have not met at least once during the prior twelve
month period.
2. Whenever possible and appropriate, the functions and activities
of boards and commissions will be combined rather than encouraging the
creation of new bodies.
3. Ail newly created County-wide boards and commissions which will
have the power to impact the health, safety and welfare of all the residents
of the County will be comprised of representatives from each of the magisterial
districts. These representatives will be appointed by the members of the
Board of Supervisors without advertisement of the positions.
4. Ail newly created boards and commissions which include members selected
on an at-large basis will orient the terms of appointments of these
representatives around an April 15/November 15 appointment advertising schedule,
with all appointments being made within ninety days~of the aforementioned dates.
5. Any newly created board or commission which is comprised of members
selected at-large and, for reasons of emergency or expediency, cannot comply
with the April 15/November 15 appointment advertising schedule, will be
considered a special committee or task force. The members of this body will
be selected by the Board of Supervisors without advertisement.
B. APPOINTMENTS TO BOARDS AND COMMISSIONS
1. Ail appointments to boards and commissions based upon magisterial
district boundaries will be made by the Board of Supervisors without advertise-
ment of the positions.
2. Ail appointments to boards and commissions selected on an at-large basis
will be advertised en masse twice yearly on April 15 and November 15, depending
upon the appointment's date of expiration.
3. On April 15, on November 15, and fifteen days after the aforementioned
dates, a notice will be published in the local newspapers which will outline
the boards and commissions having appointment positions available, and provide
a brief description of the duties and functions of each board, length of term
of the appointment, frequency of meetings, and qualifications necessary to fill
the position.
AuMust 8, 1984 (Regular Day Meeting)
4. All interested parties will have thirty days from the date of the first
notice to fill out and return to the Clerk of the Board of Supervisors a detailed
application with the understanding that such an application may be released to the
public if so requested.
5. Once the deadline for taking applications is past, the Clerk will distribute
the applications received to the members of the Board of Supervisors for their
review. After a ~wo week deliberation period, the Board will notify the Clerk to
set up interviews with qualified applicants.
6. Only qualified applicants, as determined by the Board of Supervisors, will
be interviewed for board and commission appointments.
7. The members of the Board of Supervisors will begin the interview process
with applicants for appointments with the earliest effective dates.
8. All qualified applicants will be interviewed within forty-five days of the
close of the application period and all appointments will be made no later than
sixty days after the application deadline.
9. For purposes of economy as well as to insure the consistent operation of
the boards and commissions, if a vacancy occurs in the middle of a one year
appointment or if less than one year remains in the term after the next scheduled
appointment advertising date (April 15/November 15), then the Board of Supervisors
will select the replacement to the board or commission without further advertisement.
10. If a vacancy occurs in a two, three, four or five year appointment and
more than one year remains in the term of appointment after the next scheduled
advertisement period, then the vacated position will be advertised and filled
during the next advertising period.
ll. All incumbents will be allowed to serve two consecutive terms on a board
or commission without his/her position being readvertised unless, based on
attendance and performance, the ohairman of the body requests the Board of
Supervisors to do otherwise.
12. If a member of a board or commission does not participate in at least
fifty percent of the board or commission meetings, then, the chairman of the body
may request the Board of Supervisors to terminate the appointment and refill
it during the next scheduled advertising period.
13. Where possible, terms of appointments on boards and commissions will
be advertised based on the following time schedule:
April 15:
Advisory Council on Aging
Board of Appeals, BOCA Code and Fire Prevention Code
Community Action Agency
Community College Board
Health Systems Agency
Jail Board
Jordan Development Corporation
Land Use Classification Board of Appeals
Library Board
Rivanna Water and Sewer Authority
Road Viewers
Soil Erosion Advisory Board
Thomas Jefferson Housing Improvement Corporation
At-Large Member Only:
School Board
November 15:
Airport Commission
Community Services Board
Emergency Medical Services Council
JAUNT Board
Jefferson Area Board on Aging
Planning District Commission
At,~Large Members Only:
Industrial Development Authority
Planning Commission
August 8, 1984 (Regular Day Meeting)
Mr. Bowie complimented the raport submitted by Ms. Reinsel. Mr. Bowie asked if the
recommendation to combine the four boards into two was used as an example, or are these the
only four possible to combine. Mr. Agnor said those were the only ones found to warrant a
combination. Mr. Bowie said he would recommend that adoption of the policy be in off-
election years instead of each January due to having new members on the Board, and maybe
these persons might not understand the reason for the policy. Mr. Agnor had no problem with
the suggestion.
Mr. Lindstrom noted appreciation for the work done by Ms. Reinsel. Mr. Agnor said the
reason she is not present is because she recently married and is on her honeymoon.
Mr. Fisher asked how many members are allowed by State law to be on the Equalization
Board. Mr. Ray Jones, Deputy County ExecutiVe, was present and said the law states that
there shall be at least five members on the Board, Mr. Fisher supported the recommendation
to have six members on the Board so as to have one person from each of the magisterial
districts. He then asked when the change on the Equalization Board can take place. Mr~
Agnor said the change would be effective with the next appointment cycle of the Equalization
Board which is appointed each calendar year.
Mr. Fisher asked when the merger of the BOCA Code Board and the Fire Prevention Board
could be effective. Mr. Agnor said the merger could either be by attrition or immediately
after discussing this idea with the members on both boards. Mr. Fisher said according to
the memorandum two members are currently serving on both boards. Mr. Agnor said board and
commission members were not consulted about this report, therefore, if the Board agrees with
the staff recommendation, he would request the opportunity to meet with the members of the
two boards and discuss this proposed merger. Mr. Fisher agreed.
Motion was then offered by Mr. Lindstrom, seconded by Mr. Way, to adopt the policy for
selecting members of boards and commissions as set out above. Mr. Lindstrom asked about the
number of members on the Albemarle County Service Authority Board of Directors. Mr. Agnor
said that by charter there are five members. The appointments on the board have always been
aligned with the Authority's service areas; specifically, one from the Crozet area, one from
the Scottsville area, and three from the urban area. Mr. Fisher asked if there is any
prohibition against having six members on the Authority. Mr. Agnor said the charter would
have to be amended. Mr. Lindstrom suggested the motion include examining the Service Authorit
charter to determine if changing the number of members on the Authority from five to six
would create a problem. He felt this may alleviate some past confusion when appointments to
the Authority have been considered; specificaIly, who should be represented and where. This
change would allow each district to have its own representative. Mr. Fisher restated the
motion as follows: Adopt the policy as set out in the foregoing writing and to request an
evaluation of the charter for the Albemarle County'Service Authority regarding a change of
the number of members from five to six with one representative being appointed from each
magisterial district. Mr. St. John said he checked the State Code and the law states that
there can be five members or the membership can be at the option of the governing body with
the number of members equal to that of the Board of Supervisors. He will examine the charter
but according to the State law same appears to be possible by amending the charter.
Mr. Bowie again stated his suggestion to add a note about readoption of the policy.
Mr. Lindstrom accepted the recommendation to his motion as did Mr. Way to his second.
Therefore, the policy will include the following: "C. ADOPTION. This policy shall be
readopted by the Board of Supervisors in the off election years." Roll was called and the
motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way.
None.
Agenda Item No. 11. Request: Citizens Task Force on the Prevention of Sexual Assault.
The Board at its meeting on May 9, 1984, was presented with a report and request from
the Task Force for the Prevention of Sexual Assault to appoint a committee to determine the
most effective means of eliminating rape in the City and County. At the May 9th meeting,
the Board appointed Mrs. Cooke to the steering committee (see the minutes of May 9, 1984 for
the above mentioned report).
Mrs. Mary Alice Gunter, member of the Steering Committee for the Charlottesville-
Albemarle Task Force on the Prevention of Sexual Assault, was present. She said the steering
committee has met several times during the last few months to consider the proposal for a
task force on the prevention of sexual assault as well as developing the resolution being
presented for Board approval. Mrs. Gunter said copies of the proposal, Joint resolution,
list of community organizations and agencies, and the proposed organization of the task
force have been sent to the Board for consideration (Copies of the correspondence is on file
in the Clerk's Office). (Mr. Bowie left the meeting at 11:01 A.M.)
Mr. Fisher said when this report was submitted in May, he had suggested that this be
done by a task force as well as setting a specific time period for submission of the report.
Both suggestions have been complied and the resolution contains a provision that the report
will be submitted within six months after the task force group is appointed, and the task
force to go out of existence unless the final report suggests some new organization of same.
Mrs. Gunter said the City has requested an interim report in three months after the
task force is formed and the same can be done for the County. (Mr. Bowie returned to the
meeting at 11:04 A.M.)
Mr. Way supported the proposal but was concerned about any changes in school curriculum
regarding this matter and will examine that closely. Further, he suggested a school board
member be included as a member of the task force. Mrs. Gunter agreed to the suggestion.
August 8, 1984 (Regular Day Meeting)
327
Mrs. Gunter said some clerical assistance is being offered by the City Police Depart-
ment and a request is for County staff assistance for photocopying.
Mrs. Cooke said the problem of sexual assault is as much the County's problem as it is
a City and University problem. Therefore, she supported clerical assistance in any way
possible as well as supporting the resolution regarding this matter.
Mr. Agnor said he discussed the subject of clerical assistance with Ms. Barbara Burger,
Chair of the~Task Force, and indicated to her that the assistance would be spread among the
five different county agencies represented by membership on the task force.
Mr. Lindstrom said he has someone in mind to serve on the task force and will return
with the name after discussing same with the individual. Mrs. Gunter had no objection to
another appointee.
Motion was then offered by Mr. Lindstrom, seconded by Mr. Bowie, to adopt the following
resolution concerning the Citizens Task Force on the Prevention of Sexual Assault along with
the inclusion of the two appointees suggested by Mr. Way and himself to the Task Force and
the County to provide clerical help to the task force. Roll was called and the motion
carried by the following recorded vote:
AYES:
NAYS:
Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way.
None.
JOINT RESOLUTION
WHEREAS, reports of sexual assault in the Charlottesville-Albemarle
community have occurred with alarming frequency in recent months, and
many women are increasingly afraid for their personal safety; and
WHEREAS, we believe it appropriate for the City of Charlottesville,
the County of Albemarle, the University of Virginia and community organizations
to Join together to say that such sexual assault will not be tolerated in our
community and that women should not have to live in fear of it;
NOW, THEREFORE, BE IT RESOLVED jointly, by the Council of the City of
Charlottesville and the Board of Supervisors of the County of Albemarle that
a Charlottesville-Albemarle Task Force on the Prevention of Sexual Assault
should be, and is hereby, appointed to pursue the following goals:
1. Increase community awareness of the problem of sexual assault; and
2. Recommend:
a) effective coordination of resources among interested
and affected agencies and groups, and
b) effective programs and policies for sexual assault
prevention.
BE IT FURTHER RESOLVED that in pursuance of its ultimate goals, the Task
Force shall:
1. Identify the extent and demographics of reported sexual assault
in the community;
2. Identify current community attitudes toward sexual assault;
3. Identify and evaluate current relevant programs and strategies
for prevention locally and in other communities; and
4. Report on the findings and recommendations of the Task Force for
evaluation and implementation by governing bodies, affected agencies, individuals
and community groups.
BE IT FURTHER RESOLVED that the primary focus of the Task Force should be
on the sexual assault of women by men, as opposed to sexual assault of men by
women or same sex sexual assault, since the greatest number of victims are women
victimized by men, and further that the Task Force should leave the similarly
serious problem of child sexual abuse to the capable authorities, agencies and
groups such as the Thomas Jefferson Child Advocacy Group, who are already fighting
it.
BE IT FURTHER RESOLVED that each appointing body give administrative support
to the Task Force, as it deems appropriate, in the form of staff and clerical
assistance.
BE IT FURTHER RESOLVED that the follo, wing persons be appointed as members of,
and to co-chair, the Task Force:
Barbara Burger
Mary Alice Gunter
Lane Kneedler;
328
August 8, 1984 (Regular Day Meeting)
and that the following persons, who represent a wide array of community interests,
be appointed to serve as members of the Task Force as well:
Patricia Cooke
Michael Sheffield
Stephen Deaton
John deKoven Bowen
Sheila Haughey
Margaret Cain
Lane Kneedler
Priscilla Whiting
Patricia Groot
Jim Peterson
Sybil Todd
Karen Hardwick
Juanita Morris
Kris Gillet
Gerald Fisher
Cathy Cannon
Lindsay Dorrier
Kathy Josephs
Richard Barrick
Vincent Cibbarelli
William Edgerton
Bailey Izard
Lavert Taylor
Barbara Burger
Patricia Bender
Nancy Tramontin
Frank Johnstone
Robert Hull
Carolyn Gaines
William Kirkland
Lindsay Barnes
Louis Anderson
Kat Imhoff
Mary Alice Gunter
Helen Townsend
Peggy King
Larry Richardson
Nikki Krakora
Renita Banks
Joan Taylor
Eleanor Crocker
Charles Martin
Carol Kirkland
Patricia Cheeks
Carlos Gutierrez
Alicia Lugo
Dina Nunziato
Thomas Michie
George Allen
Mitch Van Yahres
(2 additional
appointees from the Board
of Supervisors)
BE IT FURTHER RESOLVED that the Task Force endeavor to return to the
appointing bodies to present its final report in six months.
AND, BE IT FURTHER AND FINALLY RESOLVED that, in recognition of the University's
role as a significant part of the Charlottesville-Albemarle community, a copy of
this Joint resolution be communicated forthwith to the President of the University
of Virginia with the request from these resolving bodies that the University
take whatever action it deems appropriate to indicate its support for the Task Force.
Agenda Item No. 12. Resolution: U. S. Academy of Peace and Conflict Resolution.
Mr. Edward Bickford, a member of the Central Virginia Committee for the National Peace
Academy, was present. Mr. Bickford said the memorandum dated August 2, 1984 from Mr. Agnor
summarizes his request. (Mr. Lindstrom left the meeting at 11:10 A.M.) The following is
the memorandum referred to by Mr. Bickford:
"Attached is a packet of information regarding the National Peace Academy and
draft of resolution supporting the establishment of a U. S. Academy of Peace
and Conflict Resolution. The attached information indicates that a U. S. Peace
Academy would be a nonprofit institution devoted primarily to education involving
research, education and training, and information services. It would not be
a policy-making agency or an intervenor in international disputes. The Academy
is proposed to enhance the skills of federal employees and citizens in the area
of peacemaking techniques and conflict resolution. (The attachments referred to
are on file in the Clerk's Office.)
As you may be aware, Charlottesville City Council, the Charlottesville-Albemarle
Chamber of Commerce, and various faculty members at the University of Virginia
have adopted resolutions endorsing the establishment of a U. S. Academy of Peace
and Conflict Resolution and have supported its location in this area."
The following resolution was also drafted by the County staff for the Board's
consideration: (Mr. Lindstrom returned at 11:11 A.M.)
WHEREAS, the potential for international conflict and nuclear or
conventional warfare remains one of the mo.st difficult and sensitive issues
confronting our nation and the entire world; and
WHEREAS, armed conflict between nations and within our society is
increasing at an alarming rate, so that the challenge facing the people of
the County of Albemarle and this nation is the development of supplementary
and alternative non-violent techniques to help resolve and prevent violent
conflict; and
WHEREAS, it consistently has been the policy of the United States to avoid
armed conflict and to seek a peaceful and negotiated resolution to international
crises, and the people of Albemarle recognize the value of good international
relations and the imperative need to improve these relationships among all
nations; and
WHEREAS, the Commission on Proposals for a National Peace Academy has
recommended that a U. S. Academy of Peace and Conflict Resolution be established
to increase our nation's capability of responding to national and international
conflicts and to protect and preserve the life and freedom of the citizens
of this nation and the world; and
WHEREAS, the United States Congress currently is considering a bill which
would establish a United States Academy of Peace and Conflict Resolution which
would be devoted to the study of, the training of governmental officials and
other individuals in, the principles of negotiated conflict management; and
August 8, 1984 (Regular Day Meeting)
32.9
WHEREAS, Charlottesville is the home of the Federal Executive Institute,
which serves as a research and training center for high level managers in the
federal government; and
WHEREAS, the University of Virginia is one of the nation's leading comprehensive
research and teaching universities, and already has a number of teachers,
scholars and entities (such as the University of Virginia Law School Center for
Law and National Security, and the White Burkett Miller Center of Public Affairs)
involved in research concerning international conflict management.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle
County that:
1. The Board fully endorses the establishment, by either Congress or the
Executive Branch, of an entity which would have as its primary purpose the
study and research of, and the training of individuals in, principles concerning
international conflict management; and
2. If such an entity is established, the Board endorses its location in
the Charlottesville-Albemarle area.
Mr. 'Bickford said the resolution was excellent and he had no problems with same.
Motion was then offered by Mr. Way, seconded by Mr. Lindstrom, to adopt the foregoing
resolution to endorse the establishment of a U.S. Academy of Peace and Conflict Resolution
and the endorsement of such an entity beinglccatedin~e Charlottesville-Albemarle area.
Roll was called and the motion carried by the following recorded vote~
AYES: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way.
NAYS: None.
Agenda Item No. 13. Authorization to Purchase Bicentennial Center.
Mr. Ray Jones was present and summarized the following memorandum from the County
Executive dated August 3, 1984 concerning the acquisition and funding of the Bicentennial
Center:
"B~c.kground: The 1983 General Assembly enacted House Bill 63.6 authorizing
the sale of the Bicentennial Center, consisting of 5.9111 acres to the County
an6 City for $562,500 to be leased to the Thomas Jefferson Memorial Foundation
for 20 years with the option of renewal. Since the City cannot legally lease
property for longer than five years, they have agreed to convey their one-half
interest in the property to the County for twenty years with an agreement to
reconvey the interest back to the City at the end of the lease period.
Funding: It is not intended for the County or the City to incur any part of the
acquisition costs. Ail legal fees will be added to the purchase price. Attorneys
for the Foundation prepared the lease agreement with the County and City and the
sublease of a portion of the building to the Visitors Center. Bond counsel for
the County and City prepared the bond resolution for the County as well as all
other closing statements.
The Sovran Bank was the successful bidder on a competitive bid for a 20 year
loan with a fixed interest rate which ±s to be secured only by the monthly rents
from the lease of the entire property to the Thomas Jefferson Memorial
Foundation. The Sovran Bank bid of 10.25% interest on $575,000 for 20 years with
a rent payment of $5,644.54 per month for 240 months was the lowest of four bids
by local banks.
Lease Agreement: The lease agreement with the Thomas Jefferson Memorial
F°~ation sets forth numerous detailed circumstances anticipated over
the next 20 years. Such costs as utilities, interior repairs to plumbing,
heating, electrical, air conditioning, etc., plus fire insurance are
payable by the tenant (The Foundation). The landlord (County and City) will
be responsible for the exterior maintenance. The City and County have a Visitors
Center fund balance of approximately $65,000 which will be used'for the exterior
repairs when needed. This fund is invested, and the earnings will accrue to the
fund balance.
Bond Resolution: A copy of the draft resolution on the note to be issued by
the County to Sovran Bank is included. The amount of the note payment is identical
in amount to the lease payment by The Foundation.
Dee~ b.~ the City and Relate.d Agreement: A copy of the deed conveying the Ci~ty's
one-half interest to the County and the related agreement for the County to
reconvey the one-half interest back to' the City at the end of the lease period
is included.
August 8, 1984 (Regular Day Meeting)
Deed from State and Related Asreement: This deed expresses the interest of
House Bill 636 which is to be signed by the Governor upon enactment of the
related agreement between the City, County and State Community Colleges Board.
As reported to you earlier, the 1984 Appropriations Act places a restrictive
covenant on this property that appears to limit its use to The Foundation.
The agreement between the County, City and State Community Colleges Board indicates
the three will collectively seek amendments to'the restrictions in the 1985
General Assembly, which would allow any noncommercial use that is compatible
to the Piedmont Community College.
Recommendation: The Board of Supervisors should authorize the Chairman
or Vice Chairman to: 1) sign the lease agreement with the Thomas Jefferson
Memorial Foundation; 2) sign the bond resolution authorizing the issuance
of a $575,000 Visitors Center Note to the Sovran Bank; 3) sign the deed
from the State and the related agreement with the State Community College
Board; 4) sign the deed and related agreemen~ with the City of Charlottesville,
and 5) sign other necessary documents such as nonarbitrage statement, and
statement on litigation necessary to close the loan and purchase the property."
Mr. Fisher asked if the following words as contained in Sect±on 7.1(b) of the lease
agreement between the County and the Memorial Foundation imply that another building could
be built on the property or an addition to the existing structure if the landlord consents
to same: "Tenant may, from time to time, make interior structural and exterior structural
or non-structural alterations, additions or improvements, only with Landlord's prior written
consent . . . which consent shall not be unreasonably withheld." Mr. Jones said that was
not the intent mentioned during discussions, but it was indicated that several hundred
thousand dollars will be spent on the interior of the building. Mr. Fisher then asked what
the following wording as contained in Section 7.1(c) means in relation to Section 7.1(b):
"Tenant shall have the right but not the obligation to make improvements to those portions
of the leased premises not occupied by buildings." Mr. Agnor said he understands that
provision to mean improvements to the parking lot only. Mr. Fisher said his concern is that
the word "improvements" can mean anything. Mr. Jones said landscaping was mentioned. Mr.
Lindstrom said whatever the controlling provisions are, the County, as landlord, will have a
right to review and unless something were unreasonable, would be approved. Mr. Fisher felt
Section 7.1(b) gives the County the right to approve plans and specifications, and then
Section 7.1(c) appears to give the tenant the right to make improvements without any approval.
Mr. Jones asked if the words "as approved by the landlord" should be added to Section
7.1(c). Mr. Fisher said he did not understand the necessity for Section 7.1(c). Mr. Jones
said discussion with the Foundation has been held as to its intent to landscape the property
and that is the purpose of Section 7.1(c). Mr. Lindstrom said the more restrictive Section
7.1(b) will govern the more general provision, Section 7.1(c), and he expressed concern
about making changes in the lease agreemen~ at this time. Mr. Jones said any change would
cause the agreement to be returned to the Memorial Foundation for its consent. Mr. Fisher
said he feel~the County should be happy with the contents of the agreement because it is
essentially a forty year lease and he requested Mr. St. John make a note of this concern.
Mr. Fisher said Section 8.1 entitled "Maintenance by Tenant" does not indicate that the
City is to share in the costs. This concerns him and he definitely wants that provision
included in some document. Mr. Agnor said that will need to be added to the agreement
between the City and County which requires that the City reimburse the County for costs
incurred for maintenance and repair.
Mr. Fisher asked if Section 18 regarding the tenant having the option to renew the
lease for four successive periods of five years each upon the same terms and conditions
means that the same rent will be charged for any renewal period. Mr. Jones and Mr.~ Agnor
both said yes. Mr. Fisher asked if what is contemplated is that at the end of 20 years when
the revenue note is paid off, and the building is fully owned by the County, and maybe the
City, there Will' still be rent paid for it in the same amount. Mr. Jones said that is
correct. Mr. Agnor said that raises a question in his mind. If the rent accrues to the
County as the owner, and the City still has not exercised the reversion clause which allows
the City to be a part owner, would the funds then have to be divided in order that the City
would benefit from the rent. Mr. Fisher said that is not clear. Mr. Agnor said the recon-
veyance back to the City of its half ownership occurs at the end of the lease period. If
the lease is extended for four, five-year periods, that would come within the law that
allows the City to be a participant. The property would then be conveyed at the end of the
first twenty-year period. Mr. St. John said that is correct. Mr. Agnor said that takes
care of his question. Mr. Fisher asked if the County collects the rent and invests same,
who does the money belong to. Mr. Agnor said one-half would go to the City and one-half to
the County. Mr. Agnor said the agreement does not specifically state how the money will be
accounted for, but Mr. St. John has said that the City will become one-half owner at the end
of the first'twenty-year lease period.
Mrs. Cooke did not feel it was a wise decision for the rent to remain at the same rate
after the twenty year lease period. Mr. Agnor .said the rent is actually buying the building
twice, the first time to pay the bank note, and the second time to pay the City and County.
Mr. Fisher said the problems with the rent remaining the same are the unknowns about the
value of the property and the costs of maintenance for twenty to forty years. Mrs. Cooke
then asked if any clause is contained in the agreement which states that the rent shall be
based on current market value. Mr. St. John said the tenant is paying for the insurance,
utilities and interior maintenance if that is the concern about inflation. Mr. Fisher said
the County is required to pay for the exterior maintenance and all of the insurance. Mr.
Jones said the insurance costs will be reimbursed by the Foundation, there is a section in
the lease which covers those costs. Mr. St. John noted that if the wording of this lease is
changed, the agreement will have to be renegotiated.
August 8, 1984 (Regular Day Meeting)
Mr. Agnor then explained that the first twenty-year lease agreement begins with $60,000
in a fund reserved for outside maintenance needs, and those funds will be invested. Mr.
Fisher asked from where the funds were derived. Mr. Agnor said part of these funds were
disbursed to the Bicentennial Center by the State. When the Bicentennial Center was closed,
there were funds which had not been spent and the State allowed the County and City to
retain same. Also, when the Bicentennial Center went out of business in January, receipts
from the gift shop and movie are now going to the Visitors Center. This $60,000 fund will
be for exterior maintenance only. At the end of the first twenty years, if the lease is
renewed for five-years, the Foundation will pay $60,000 per year for exterior maintenance.
Although, there is no way to determine if the amount will be adequate, the building is
essentially se]~sufficient in terms of all the other costs to be borne by the tenant such as
utilities and interior maintenance. Mr. Fisher and Mrs. Cooke were both still concerned
about the rent remaining the same after the end of the twenty year lease.
Mr. Lindstrom said he had a question in reading the agreement with the City and the
option to renew contained in Section 18 of the leaseagreement with the Foundation. He is
concerned that the City could say that any extension of the lease was not mutually agreed
upon by the City and County since the option to renew is at the sole option of the tenant.
Mr. St. John said he saw no ambiguity since this wording will be mutually agreed upon when
these documents are signed. The Board is agreeing now that if the tenant wants to extend
the lease, he may. Mr. Fisher said it is possible that the extensions could be beyond the
terms of this lease. Mr. St. John said that is correct; then it would have to be a mutual
agreement for any extension of the lease beyond the forty years, and he did not see any
ambiguity there. Mr. St. John said the renewal of the lease will still be a part of the
lease, and the renewal is not a new contract. Mr. Lindstrom said that answers his question.
At this time, motion was offered by Mr. Lindstrom, seconded by Mr. Way, to adopt a
resolution authorizing the Chairman to sign the following lease agreement with the
Thomas Jefferson Memorial Foundation. ~Roll was called and the motion carried by the
following recorded vote:
AYES: Mr. Bowie, Mrs. Cooke, Messrs. Fisher~ Henley, Lindstrom and Way.
NAYS: None.
BE IT RESOLVED by the Board of Supervisors of Albemarle County, Virginia,
that Gerald E. Fisher, its Chairman, is hereby authorized to sign on behalf
of the County the Lease Agreement with the Thomas Jefferson Memorial Foundation
for property known as the Bicentennial Center consisting of 5.911 acres situated
at the Interstate 64/Route 20 South Interchange.
LEASE AGREEMENT
THIS LEASE AGREEMENT is made as of August 1, 1984, among THE COUNTY OF
ALBEMARLE, VIRGINIA (hereinafter called the "Landlord"), party of the first
part, and~THOMAS JEFFERSON MEMOR~AL FOUNDATION, a New York membership
corporation (hereinafter called "Tenant~'), party of the second part.
WITNESSETH:
SECTION t - PREMISES AND IMPROVEMENTS. That in consideration of the rents
and covenants herein set forth, Landlord hereby leases to Tenant, and Tenant
hereby rents from Landlord, the premises described on Exhibit A attached hereto
and made a part hereof together with the improvements thereon (hereinafter
called the "leased premises").
SECTION 2 - TITLE; QUIET ENJOYMENT. Landlord makes no representation or
covenant that Tenant shall have peaceful and quiet possession of the leased
premises except that such premises are and shall remain free of encumbrances,
restrictions, conditions or other agreements affecting Tenant's right of
possession done, made or knowingly suff.ered by Landlord or anyone claiming by,
through or under it. Landlord covenants that it has obtained all necessary
approvals and permits from appropriate governmental authorities for the occupancy
of the improvements located on the leased premises, and for the use of the leased
premises by Tenant.
SECTION 3 - TERM.
Section 3.1. Commencement and Expiration. The term of this lease shall
commence on August 30, 19~4 (the ~'date of commencement"). The term of this Lease
shall be for the period from August 30, 1984 through August 31, 2004, unless
sooner terminated as provided herein.
SECTION 4 - RENT.
Section~4.t. Rent. Commencing September 1, 1984, Tenant agrees to pay
to Landlord fixed annual rent of $67,733.40 per year. Rents shall be payable in
equal monthly installments of $5,644.54, on the first day of each month during
the term hereof, except that (i) the first monthly installment payable on
September 1, 1984 shall be equal to $1,049.95, and (ii) the last monthly
installment payable on August i, 2004 shall be equal to the unpaid principal
and interest Landlord is required to pay as the 240th installment payment under
the Bond (as defined in Section 4.2).
Ail payments of rent during the term of this Lease shall be made to Landlord
at the address specified in Section 15.3 or to such other party or at such other
address as hereinafter may be designated by Landlord by written notice delivered
to Tenant at least ten (10) days prior to the next ensuing monthly rental
payment date.
332
A~t88, 1984 (Regular Day Meeting)
Section 4.2. Rent'.~dJustment. Landlord has financed the leased premises
with the proceeds of a bond or note the in~terest on which is exempt from
federal income taxation (the "Bond"). The Sovran Bank, N.A., is the initial
holder of the Bond (any such holder is referred to as the "Bondholder" herein).
Should the interest payable on the Bond increase because of any increase in the
interest rate on the Bond above the rate in effect on the date hereof, the
rent payable under Section 4.1 shall~be adjusted upwards so that Tenant pays
any such actual increase.
SECTION 5 - TAXES~ UTILITIES AND REIMBURSEMENTS.
Section 5.1. Taxes.
(a) Tenant shall not be responsible for paying, during the term of this
Lease, local taxes, charges and assessments, if any, as described in Section' 5.1(b),
levied or imposed on the leased premises.
(b) For purposes of this section, the term "local taxes, charges or
asessments" means all taxes, assessments, special service charges and governmental
charges that may ~be imposed, from time to time, by Landlord, which may be levied
on or charged against real property and improvements thereto.
Section 5.2. Utilities and Services. Tenant shall pay for all gas, heat,.
light, water, sewage service, power, telephone, janitorial, garbage disposal
service and all other utilities supplied to the leased premises.
Section 5.3. Reimbursement for Fire and Extended Coverage Insurance.
As provided in Section 9.2, Tenant shall reimburse Landlord for the reasonable
costs of carrying the f±re and extended coverage insurance described in
Section 9.2.
SECTION 6 - USE OF PROPERTY. Tenant shall have the right to use the leased
premises for any lawful purpose. Tenant shall not permit .or suffer the use
of the leased premises for any unlawful purpose.
SECTION 7 - ALTERATIONS~ IMPROVEMENTS~ FIXTURES AND SIGNS.
Section 7.1. Installation by Tenant.
(a) Tenant may, from time to time and without Landlord's consent,
make or cause to be made any interior non-structural alterations, additions or
improvements which do not materially damage or diminish the value of the
structures located on the leased premises, provided that Tenant shall obtain
all required governmental permits for such alterations, additions or
improvements.
(b) Tenant may, from time to time, make interior structural and exterior
structural or non-structural alterations, additions or improvements, only with
Landlord's prior written consent to the plans and specifications therefor, which
consent shall not be unreasonably withheld. If, within thirty (30) days after
plans and specifications for any proposed alteration, addition or improvement
have been submitted by Tenant to Landlord for approval, Landlord shall not have
given Tenant notice of disapproval thereof stating the reasons for such disapproval,
such plans and specifications shall be considered approved by Landlord.
(c) Tenant shall have the right but not the obligation to make improvements
to those portions of the leased premises not occupied by buildings.
(d) Except as provided in Section 7.2 of this Lease, all alterations,
additions and improvements installed by Tenant pursuant to Section 7.1(a) and (b)
shall become the property of Landlord upon termination of this Lease.
Section 7.2. Removal and Restoration by Tenant. Ail trade fixtures
including exhibit cases, office furniture, ticket equipment and apparatus
installed by Tenant in the leased premises shall remain the property of
Tenant and shall be exempt from the claims of Landlord or any mortgagee or
lienholder of Landlord without regard to the means by which or the persons
by whom the~same are installed or attached. Tenant shall have the right,
at any time or from time to time, to remove any of said fixtures or apparatus,
provided that if the removal of any of such fixtures or apparatus damages any
part of the leased' premises or the improvements thereon, Tenant shall repair
such damages and restore the leased premises and all such improvements to as
good a condition as the same were in before the removal of such fixtures or
apparatus.
Section 7.3. Signs. Tenant shall have the right to have placed at Tenant's
cost any signs which it desires on the interior or exterior of the improvements
located on the leased premises, or on those portions of the leased premises
not occupied by improvements, provided the same ar.e in compliance with all
applicable laws and regulations with respect thereto.
August 8, 1984 (Regular Day Meeting)
SECTION 8 - MAINTENANCE OF LEASED PREMISES.
Section 8.1. Maintenance by Tenant. Tenant shall be responsible for all
interior non-structural maintenance for the leased premises and the improvements
located thereon including but not limited to, plumbing, heating, electrical,
air-conditioning, ventilation, fixtures, equipment, plate glass and windows.
Landlord shall have no obligation or responsibility for any such maintenance
to the leased premises or the improvements located thereon but shall be
responsible for all exterior and/or structural repairs and maintenance for the
leased premises and the improvements thereon, including without limitation
repairs and maintenance of the roof, downspouts, exterior and bearing walls,
foundation and exterior plumbing.
Section 8.2. Surrender of Leased Premises. At the expiration of the
tenancy hereby created, Tenant shall surrender the leased premises in a broom
clean condition and all keys for the leased premises to Landlord at the place
then fixed for the payment of rent and shall inform Landlord of all combinations
on locks, safes and vaults, if any, which are to be left in the leased premises
at Tenant's option.
Section 8.3. Landlord's Right to Oversee Maintenance. Landlord and
Bondholder shall have the right from time to time, during business hours or at
other times with the approval of Tenant, to inspect the leased premises to insure
that Tenant is performing the maintenance responsibilities described in Section 8.1.
SECTION 9 - INS~.RANCE.
Section 9.1. Liability Insurance of Tenant. Tenant covenants and agrees
that it will, at all times during ~the term of this Lease and any renewal term,
keep in full force and effect a policy of public liability and property damage
insurance with respect to the leased premises and the business operated by Tenant
and any sub-tenants of Tenant on the leased premises in which the limits of public
liability for bodily' injury and property damage shall be not less than Five Million
Dollars ($5,000,000) per accident, combined single limit. The policy shall name
Landlord and Tenant as insureds. The policy shall provide that the insurance
thereunder shall not be cancelled until ten (10) days after written notice
thereof to all named insureds.
Section 9.2.1. Fire and Extended Coverage. Landlord covenants and
agrees that it will, during the term of this Lease and any renewal term,
subject to reimbursement by Tenant as hereinafter provided, insure and keep
insured, for the benefit of Landlord, Tenant and Bondholder and their respective
successors in interest, all buildings and improvements on the leased premises,
or any portion thereof then in being, in an amount equal to the full replace-
ment cost of the buildings and improvements (which amount shall be adjusted
periodically). Such policy shall contain coverage against loss, damage, or
destruction by fire and such other hazards as are covered and protected against,
at standard rates under policies of insurance commonly referred to and known
as "extended coverage", as the same may exist from time to time. Tenant and
Bondholder shall be named on such policy as additional insureds, as their
interests may appear. Tenant shall reimburse Landlord for the reasonable costs
of such insurance within ten (10) days after receipt of a copy of the statement
from the insurer showing such costs.
Section 9.2.2. Business Interruption. Tenant covenants and agrees that
it will provide insurance commonly referred to and known as "business interruption",
covering the leased premises for the benefit of the Landlord, Tenant and Bondholder
and their respective successors in interest. Landlord and Bondholder shall be
named on such policy as additional insureds, as their interests may appear.
Such insurance shall be in an amount not less than Landlord's indebtedness on the
Bond as such debt may, from time to time, be unpaid.
Section 9.3. Evidence of Insurance. Copies of policies of insurance (or
certificates of the insurers) for insurance required to be maintained by
Section 9.2.1 shall be delivered by Landlord to Tenant and Bondholder upon the
issuance of such insurance and thereafter not less than fifteen (15) days prior
to the expiration dates thereof; similarly, copies of policies or certificates
for insurance required to be maintained by Section 9.2.2 shall be delivered
by Tenant to Landlord and Bondholder on the same occasions set forth in the
preceding sentence.
Section 9.4. Waiver of Subrogation. Landlord and Tenant hereby release
the other from any and all liability or responsibility to the other or anyone
claiming through or under them by way of subrogation or otherwise for any loss
or damage to property caused by fire or any of the extended coverage or
supplementary contract casualties, even if such fire or other casualty results
from the negligence of such party or anyone for whom such party may be
responsible, provided, however, that this release shall be applicable and in
force and effect only with respect to loss or damage occurring during such time
as any such release shall not adversely affect or impair the releasor's policies
of insurance or prejudice the right of the reteasor to recover thereunder.
334
August 8, 1984 (ReguSar Day Meeting)
SECTION 10 - W~STE, NUISANCE.
Section 10.1. Waste or Nuisance.
(a) Tenant shall not commit or suffer to be committed any waste or any
nuisance upon the leased premises.
(b) Landlord shall not commit or suffer to be committed any nuisance
or other act or thing which may disturb the quiet enjoyment of the leased
premises by Tenant.
Section 10.2. Governmental Regulations. During the term of this Lease,
Tenant shall, at Tenant's sole cost and expense, comply with all of the
requirements of all county, municipal, state, federal and other applica~~ '~
governmental authorities, now in force, or which may hereafter be in force,
pertaining to Tenant's use and occupancy of the leased premises, and shall
faithfully observe in the use of the leased premises all municipal and county
ordinances and state and federal statutes now in force or which may hereafter
be in force.
SECTION 11 - FIRE AND OTHER CASUALTY.
(a) If the leased premises shall be damaged by fire or other casualty
insured against under the replacement cost insurance required to be carried
by Landlord pursuant to Section 9.2.1, Landlord shall immediately and with all
due diligence repair the same, at Landlord's cost and expense, provided that
Landlord shall also consult with Bondholder before the insurance proceeds
are used to pay for such repairs. Such damage or destruction shall in no
way annul or void this Lease except that commencing on the date of such
damage or destruction Tenant shall be entitled to a proportionate reduction
of the rent payable under Section 4 based upon the proportion of the leased
premises rendered untentantable in Tenant's opinion. Any and all insurance
proceeds payable as a result of such damage or destruction to the leased
premises (excluding any insurance proceeds paid or payable to Tenant by
reason of damage or destruction of stock or Tenant's trade fixtures) covered
under replacement cost insurance required to be carried in accordance with
Section 9.2.1, shall be held in trust for the payment of the costs of such
repair and restoration by a national or state banking association satisfactory
to Landlord and Tenant. Anything in this section to the contrary notwithstanding,
if any damage or destruction from any cause whatsoever has not been repaired
within ninety (90) days of the date thereof, Tenant may terminate this Le~se
upon ten (10) days written notice to Landlord. In the event of such
termination, all insurance proceeds payable pursuant to policies.required
under Section 9.2.1 by reason of the damage or destruction of the leased
premises (excluding any insurance proceeds paid or payable to Tenant by reason
of damage or destruction of stock or Tenant's trade fixtures), shall be paid
to Landlord and to Bondholder as their interests may appear.
(b) Any proceeds of business interruption insurance required to be
carried by Tenant pursuant to Section 9.2.2 shall be applied first to the rental
payments required under Section 4.1 and the balance, if any, shall be paid to
Tenant.
SECTION 12 - CONDEMNATION. If the whole or any part of the leased premises
shall be taken under the power of eminent domain~ then this Lease shall
terminate as to the part so taken on the day when Tenant is required to yield
possession thereof, and Landlord shall make such repairs and alterations
as may be necessary in order to restore the part not taken to useful
condition; and the rent payable under Section 4 shall be reduced proportionately
as to the portion of the leased premises so taken. If the amount of the
leased premises so taken is such as to impair substantially the usefulness
of the leased premises for the purposes for which the same are hereby leased,
then either party shall have the option to terminate this Lease as of the
date when Tenant is required to yield possession.
SECTION 13 - DEFAULT OF TENANT.
Section 13.1. Insolvency or Bankruptcy.
(a) The appoi'ntment of a receiver or trustee to take possession of all
or substantially all of the assets of Tenant, or
(b) a general assignment by Tenant for the benefit of creditors, or
(c) any action or proceeding commenced by or against Tenant under any
insolvency or bankruptcy act, or under any other statute or regulation
having as its purpose the protection of creditors and not discharged within
ninety (90) days after the date of commencement, shall constitute a breach of
this Lease by Tenant. Upon the happening of any such event, this Lease shall,
at Landlord's option, terminate ten (10) days after written notice of
termination from Landlord to Tenant.
August 8, 1984 (Regular Day Meeting)
335
Section 13.2. Default. In the event of any breach or default of this
Lease by Tenant, and such default continues uncured for a period of thirty (30)
days after written notice thereof from Landlord (provided, however, that if
the nature of the default specified in said notice is not reasonably capable
of being cured within thirty (30) days, then Tenant shall not be deemed to be
in default hereunder for failure to cure the same within thirty (30) days
and to proceed thereafter to use reasonable diligence to cure the default
specified), then Landlord shall have the right (in addition to all other rights
and remedies provided by law) to terminate this Lease or to reenter and take
possession of the leased premises, peacably or by force, and to remove any
property therein without liability for damage to and without obligation to
store such property, but may store the same at Tenant's expense.
SECTION 14 - HOLDING OVER, SIGNS~ SUCCESSORS~ ASSIGNMENTS.
Section 14.1. Holding Over. Any holding over after the expiration
of the term hereof, with the consent of Landlord, shall be construed to be
a tenancy from month-to-month at the rents herein specified (prorated on
a monthly basis) and shall otherwise be on the terms and conditions
herein specified as far as applicable.
Section 14.2. Successors. Ail rights and liabilities herein given to,
or imposed upon the respective parties hereto, shall extend to and bind
the successors and assigns of the parties. Ail covenants, representations
and agreements of Landlord shall be deemed the covenants, representations
and agreements of the fee owner from time to time of leased premises. Ail
covenants, representations and agreements of Tenant shall be deemed the
covenants, representations and agreements of the occupant or occupants of the
leased premises.
Section 14.3. Assignments. With the Landlord's permission first obtained,
which permission shall not be unreasonably withheld, Tenant shall have
right to sublet, assign, transfer and reassign any and all of its rights and
obligations under this Lease, and Landlord agrees to execute and deliver any
and all necessary documents and agreements in order to confirm any such
sublease, transfer, assignment or reassignment; provided, however, that (i)
Tenant shall remain fully liable to Landlord hereunder, and (ii) in no event
shall all such subleases, transfers, assignments or reassignments, when
considered together, result in more than 25% of the proceeds of the obligations
issued by the County of Albemarle to finance the acquisition of the leased
premises being considered as having been used directly or indirectly in a
trade or business carried on by any person who is not an "exempt person" within
the meaning of Section 103(b)(3) of the Internal Revenue Code of 1954, as
amended. Landlord expressly agrees to the sublease of a portion of the leased
premises to The Thomas Jefferson Visitors Bureau (the "Bureau") substantially
in accordance with the provisions of the form of sublease attached hereto as
Exhibit B. (Note: Copy of sublease agreement between the Thomas Jefferson
Memorial Foundation, subleasor and the Thomas Jefferson Visitors Bureau,
sublessee, dated as of August 1, 1984, is on file in the Office of the Clerk
of the Board of Supervisors.)
SECTION 15 - MISCELLANEOUS.
Section 15.1. Waiver, The waiver by Landlord or Tenant of any breach
of any term, covenant or condition contained herein shall not be deemed
to be a waiver of such term, covenant, or condition, or any subsequent
breach of the same or any other term, covenant or condition contained herein.
The subsequent acceptance of performance hereunder by Landlord or Tenant,
respectively, shall not be deemed to be a waiver of any breach by Tenant
or Landlord, respectively, of any term, covenant or condition of this Lease
regardless of knowledge of such breach at the time of acceptance of
performance. No covenant, term or condition of this Lease shall be deemed
to have been waived by Tenant or Landlord unless the waiver be in writing
signed by the party to be charged thereby.
Section 15.2. Entire Agreement. This Lease, and the Exhibits attached
hereto and forming a part hereof, set forth all the covenants, promises,
agreements, conditions and understandings between the Landlord and Tenant
concerning the leased premises and there are no covenants, promises, agreements,
conditions or understandings, either oral or written, between them other than
as herein set forth. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Lease shall be binding upon
Landlord or Tenant unless reduced to writing and signed by them.
Section 15.3. Notices. Any notice, demand, request or other instrument
which may be, or is required to be given under this lease, shall be in writing
and delivered in person or by United States certified mail, postage prepaid,
and shall be addressed:
(a) if to Landlord, at 401 McIntire Road, Charlottesville, Virginia
22901-4596, Attn: County Executive, or at such other address as Landlord
may designate by written notice;
(b) if to Tenant, at P. O. Box 316, Charlottesville, Virginia 22902,
or to such other person and at such other address as Tenant shall designate
by written notice.
336
August 8~ 1984 (Regular Day Meeting)
Section 15.4. Captions and Section Numbers. The captions and section
numbers appearing in this Lease are inserted only as a matter of convenience
and in no way define, limit, construe or describe the scope or intent of such
sections of this Lease nor in any way do they affect this Lease.
Section 15.5. Partial Invalidity. If any term, covenant or condition
of this Lease, or the application thereof, to any person or circumstance shall
to any extent be invalid or unenforceable, the remainder of this Lease, or
the application of suck term, covenant or condition to persons or circumstances
other than those as to which it is held invalid or unenforceable, shall not be
affected thereby and each term, covenant or condition of this Lease shall be
valid and be enforced to the fullest extent permitted by law.
Section 15.6. Req.ording. Upon request of either party, a memorandum of
lease will be executed and recorded. The cost of recording such memorandum of
lease or a short form thereof shall be borne by the party desiring to record same.
Section 15.7. Governing Law. This Lease shall be governed by and
construed in accordance with the laws of the State of Virginia.
Section 15.8. Counters. arts. This Lease may be executed simultaneously
in two or more counterparts, each of which shall be deemed an original, but
all of which together shall constitute one and the same instrument.
SECTION 16 - BROKER'S FEES.
Section 16.1. Broker's Fees. Tenant and Landlord hereby warrant that
there are no brokerage commissions due in connection with this Lease. In the
event a claim of any such commissions is made, the party through whom such claim
is made shall indemnify the other party hereto.
SECTION 17 - TENANT'S REMEDIES. Without limiting any other remed±es available
to Tenant hereunder or at law, in the event of the breach by Landlord of any of
its covenants or obligations under this Lease and the failure to cure such
breach within thirty (30) days after notice from Tenant, Tenant, at its option,
may cure Landlord's default and deduct all amounts paid in curing such default
from the rent hereunder seriatum.
SECTION 18 - OPTION TO RENEW. Tenant shall have an option to renew this Lease
for four (4) successive period(s) of five (5) years each, upon the same terms
and conditions herein contained, by giving Landlord written notice of Tenant's
exercise of such option at least forty-five (45) days prior to the'expiration
of the term hereof, or renewal term, whichever the case may be.
IN WITNESS WHEREOF, Landlord and Tenant have signed and sealed this Lease
as the date first above written.
Attest
(~gned by Lettie E. Neher~ Clerk)
LANDLORD:
THE COUNTY OF ALBEMARLE, VIRGINIA
By: (Signed by Gerald E. Fisher)
Title: Chairman, Board of Supervisors
TENANT:
THE THOMAS JEFFERSON MEMORIAL FOUNDATION
By: (Signed by George Palmer, II)
Title: Chairman
EXHIBIT A
Description of Leased Premises
Ail that certain parcel of real property and improvements thereon located
in Albemarle County, Virginia, shown as Parcel A on the Subdivision Plat
entitled "Subdivision Plat Showing Survey of Parcels 'A' and 'B' Containing
5.911 and 16.952 Acres Respectively", dated January 23, 1984 and last revised
June 8, 1984, prepared by Gloeckner, Lincoln & Osborne, Inc., Engineers, a
copy of which is attached hereto;
Together with a nonexclusive right of access over the existing access road
shown on the attached plat for purposes only of ingress or egress to the
above described property; provided however, Tenant understands and agrees that
such right of access is subordinate to, and may not interfere with, the use of
the access by the State Board of Community Colleges (the "State Board") or the
operations of the State Board at Piedmont Virginia College; subject to the
right of the State Board to close said a~cess at any time in the interest of
public safety or order, or for purposes of improving, constructing or repairing
said access;
AuguSt 8, 1984 (Regular Day Meeting)
337
And together with a nonexclusive entrance easement from the access road,
as shown on the attached plat, over Parcel B for'the purpose only of ingress
and egress to the said Parcel A from the said access road; provided, however,
Tenant understands and agrees that no improvements or modifications shall be
made thereon without the approval of the State Board and in accordance with
the Virginia Department of Highways and Transportation specifications.
Form, Details and Payment Thereof" as follows, and for the Chairman to sign.
was seconded by Mr. Way, and same carried by the following recorded vote:
Mr. Lindstrom then offered motion to adopt "A Resolution Authorizing the Issuance
of a $575,000 Visitors Center Note of Albemarle County, Virginia, and Providing for the
Motion
AYES:
NAYS'
Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way.
None.
A RESOLUTION AUTHORIZING THE ISSUANCE OF A $575,000
VISITORS CENTER REVENUE NOTE OF ALBEMARLE COUNTY, VIRGINIA,
AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF
WHEREAS, the City of Charlottesville and the County of Albemarle have
agreed to purchase from the. Commonwealth of Virginia, State Board for Communi~ty
Colleges, the Visitors Center, hereinafter defined, pursuant to authority granted
to the State Board for Community Colleges by Chapter 576 of the Acts of Assembly
of 1984; and
WHEREAS, the City has agreed to convey its interest in the Visitors Center
to the County and the County proposes to lease the Visitors Center to the Thomas
Jefferson Memorial Foundation; and
WHEREAS, the County proposes to pay for the acquisition of the Visitors
Center by the issuance and sale of a $575,000 revenue note' to Sovran Bank, N.A.,
to be payable from the rent to be received under such lease;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA:
ARTICLE I
Definitions
Section 1.1. Definitions. Whenever used in this resolution, unless a
different meaning clearly appears from the context, the following words and
terms shall have the following meanings:
"Bank" shall mean Sovran Bank, N.A., having an office at 300 East Main
Street, Charlottesville, Virginia, as the registered owner of the Note, or
any subsequent registered owner.
"Board of Supervisors" shall mean the Board of Supervisors of the County
of Albemarle, Virginia.
"City" shall mean the City of Charlottesville, Virginia.
"County" shall mean the County of Albemarle, Virginia.
"Director of Finance" shall mean the Director of Finance of the County
of Albemarle.
"Event of Default" shall mean any of the events enumerated in Section 8.1.
"Foundation" shall mean the Thomas Jefferson Memorial Foundation, a Virginia
nonstock, nonprofit corporation.
"Lease" shall mean the Lease Agreement between the County and the
Foundation dated as of August l, 1984, for the lease of the Visitors Center
to the Foundation.
"Note" shall mean the County's $575,000 revenue note authorized herein.
"Note Fund" shall mean the Note Fund established by Section 4.1.
"Rents" shall mean the payments of rents by the Foundation and other
amounts payable under the Lease.
"Visitors Center" shall mean the parcel of land containing approximately
5.911 acres and the improvements thereon, formerly used as the Western Virginia
Bicentennial Center, looated in the southwest quadrant of the Interstate 64 and
State Route 20 interchange south of the City in the County.
ARTICLE II
Authorization~ Det~ils~ Execution~ ~Form and Delivery of Note
Section 2.1. Authorization of Note. There is hereby authorized to be issued
a revenue note of the County in the principal amount of $575,000, to be designated
"Visitors Center Revenue Note," to provide funds to acquire the Visitors Center.
338
August 8, 1984 (Regular Day Meeting)
Section 2.2. Details of Note. The Note shall be issued as a fully registered
Note, shall be dated the date of its delivery, shall bear interest from its date at
the rate of 10 1/4% per year, and shall be paid in 239 equal monthly installments
of combined principal and interest of $5,644.54 per month beginning on September 1,
1984, and a final installment on August 1, 2004, equal to the unpaid principal
and interest thereon; provided, however, that if the Note is delivered after
August 1, 1984, the amount of the first installment shall be reduced to reflect
interest for the actual number of days from August 1 to the date of delivery.
Installments shall be applied first to interest and then to the reduction of
principal. Both principal and interest shall be paid in lawful money of the
United States of America, but only from revenues pledged to the payment thereof
as hereinafter provided. Principal and interest shall be paid by check or draft
mailed to the Bank, except that the final installment of principal and interest
shall be paid upon surrender of the Note at the office of the Director of Finance.
The Note shall be subject to prepayment in whole or in part at any time.
Upon an Event of Taxability, as defined below, the interest rate of the
Note shall increase, e'ffective as of the date from which interest on the Note
becomes subject to Federal income taxation or from the date of the event causing
the loss of exemption from taxation, if earlier, to the rate determined by
dividing the rate of 10 1/4% by the number obtained from subtrac.ting the highest
marginal Federal income tax rate (including any surcharges or other charges in
addition to the base rate) applicable to domestic corporations from the number
one. Additionally, the Bank shall be reimbursed for any interest, penalties
or other charges assessed by reason of failure to include interest on the Note
in its gross income. It is expressly intended that to the extent that interest
on the Note may be subject to Federal income taxation because of an Event of
Taxability, supplemental payments shall be payable to the Bank or any former
registered owner of the Note, notwithstanding the payment of the principal
of the Note or its transfer to another registered owner. An Event of Taxability
shall occur if interest hereon becomes subject, in whole or in part, to Federal
income taxation as a result of a change in the Federal tax laws after the date
of the issuance of the Note or for any other reason.
Section 2.3. Execution of Note. The Note shall be signed by the
Chairman or Vice Chairman of the Board of Supervisors, shall be countersigned
by its Clerk, and its seal shall be affixed thereto.
Section 2.4.
form:
Form of Note.
The Note shall be in substantially the following
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE
The County of Albemarle, Virginia (the County), for value received,
hereby acknowledges itself indebted and promises to pay, solely from the
source and as hereinafter provided, to Sovran Bank, N.A. (the Bank) the
principal sum of
FIVE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($575,000)
with interest hereon from the date hereof until payment at the rate of 10 1/4%
per year. This note shall be paid in 239 equal monthly installments of combined
principal and interest of $5,644.54 per month beginning on September 1, 1984,
and a final installment on August 1, 2004, equal to the unpaid principal ~nd
interest hereon; provided, however, that the amount of the first installment shall
be reduced to reflect interest for the actual number of days from August 1 to
the date hereof. Installments shall be applied first to interest and then to the
reduction of principal. Principal and interest shall be paid by check or draft
mailed to the Bank at its office at 300 East Main Street, Charlottesville, Virginia,
or at such other place as the registered owner~er~eof may designate in writing,
except that the final installment of principal and interest shall be paid upon
surrender of this note at the office of the Director of Finance of the County.
Both principal and interest shall be paid in lawful money of the United States of
America. This note shall be subject to prepayment in whole or in part at any time.
Upon an Event of Taxability, as defined below, the interest rate of this
note shall increase, effective as of the date from which interest of this note
becomes subject to Federal income taxation or from the date of the event causing
the loss of exemption from taxation, if earlier, to the rate determined by
dividing the rate of 10 1/4% by the number obtained from subtracting the highest
marginal Federal income tax rate (including any surcharges or other charges in
addition to the base rate) applicable to domestic corporations from the number one.
Additionally, the registered owner hereof shall be reimbursed for any interest,
penalties or other charges assessed by reason of failure to include interest
on this note in its gross income. It is expressly intended that to the extent
that interest on this note may be subject to Federal income taxation because of
an Event of Taxability, supplemental payments shall be payable to the Bank
or any former registered owner hereof, notwithstanding the payment of the
principal of this note or its transfer to another registered owner. An Event
of Taxability shall occur if interest hereon becomes subject, in whole or in
part, to Federal income taxation as a result of a change in the Federal tax
laws after the date of the issuance of thiS~note or for any other reason.
A~84 ~Regular Day Meeting)
339
This note has been authorized by a resolution adopted by the Board of
Supervisors of the County on August 8, 1984, and is issued in accordance with
Article VII, Sections 10(b) and 10(a)(3) of the Constitution of Virginia, pursuant
to the Public Finance Act, to provide funds to acquire approximately 5.911 ·
acres in the County and the improvements thereon formerly used as the Western
Virginia Bicentennial Center (the Visitors Center). The County has leased the
Visitors Center to the Thomas Jefferson Memorial Foundation pursuant to
a Lease Agreement dated as of August 1, 1984 (the Lease). The aforesaid
resolution assigns to the Bank as security for this not'e the rents payable under
the Lease.
This note and the interest hereon are limited obligations of the County
payable solely from the rents and other amounts payable under the Lease. This
note and the interest hereon shall not be deemed to constitute a debt orca pledge
of the faith and credit of the Commonwealth of Virginia or any political
subdivision thereof, including the County. Neither the Commonwealth of Virginia
nor any political subdivision thereof, including the County, shall be obligated
to pay the principal of or interest on this note or other costs incident thereto
except from the rents and other amounts payable under the Lease, and neither the
faith and credit nor the taxing power of the Commonwealth of Virginia or any
political subdivision thereof, including the County, is pledged to the payment
of the principal of or interest on this note or other costs incident thereto.
This note is registered in the name of the Bank in the office of the
Director of Finance. Transfer of this note may be effected only by surrender
hereof to, the Director of Finance accompanied by instructions of transfer
satisfactory to the Director of Finance. Prior to due presentment for
registration of transfer the Director of Finance shall treat the registered
owner as the person exclusively entitled to payment of principal and interest
and the exercise of all other rights and powers of the owner.
Ail acts, conditions and things required by the Constitution and statutes
of the Commonwealth of Virginia to happen, exist or be performed precedent to
and in the issuance of this note have happened, exist and have been performed.
IN WITNESS WHEREOF, the Board of Supervisors of Albemarle County,
Virginia, has caused this note to be signed by its Chairman, to be
countersigned by its Clerk, its seal to be affixed hereto, and this note
to be dated August , 1984.
(SEAL)
COUNTERSIGNED:
Chairman, Board of Supervisors,
Albemarle County, Virginia
Clerk, Board of Supervisors
Albemarle County, Virginia
Section 2.5. Registration of Note. The Director of Finance shall maintain
books for registration of the Note. Transfer of the Note may be effected only
by surrender hereof to the Director of Finance accompanied by instructions of
transfer satisfactory to the Director of Finance. Prior to due presentment for
registration of transfer the Director of Finance shall treat the registered
owner as the person inclusively entitled to payment of principal and interest
and the exercise of all other rights and powers of the owner.
Section 2.6. Delivery of Note. The Chairman or Vice Chairman and the
Clerk of the Board of Supervisors are hereby authorized and directed to take
all appropriate steps to have the Note prepared and executed in accordance
with its terms and to deliver the Note to the Bank upon payment therefor.
ARTICLE III
Proceeds of Note
Section 3.1. Payment to Commonwealth. Upon delivery to the County of an
appropriate deed or deeds of conveyance of the Visitors Center the Director
of Finance shall pay to the Commonwealth of Virginia from the proceeds of
the Note the sum of '$562,500 as the purchase price of the Visitors Center.
Section 3.2. Balance of Proceeds. The County shall use the balance
of such proceeds to pay other costs in connection with the acquisition,
financing and leasing of the Visitors Center. Any balance of such proceeds
remaining after payment of all such costs shall be used to prepay the Note.
ARTICLE IV
Note Fund
Section 4.1. Note Fund. The County shall collect the Rents and shall
deposit them as received to the credit of a special fund to be designated
the Visitors Center Note Fund. Amounts in the Note Fund shall be used to pay
installments of principal of and interest on the Note as the same become due.
3 .0
: ._ust 8 1. '~84~ Re~.ular Da.~ Meeti~
Section 4.2. Pledge of Rents and Note Fund. Ail Rents and all moneys
in the Note Fund shall be trust funds and are hereby assigned to the Bank
and pledged to the payment of principal of and interest on the Note. The lien
and trust created hereby are for the benefit of the Bank and for its additional
security until the principal of and interest on the Note have been paid in full.
ARTICLE V
Security for Deposits and Investment of Moneys
Section 5.1. Security for Deposits. Ail proceeds of the Note and moneys
in the Note Fund and on deposit with any bank or trust company in Virginia
shall be continuously secured in the manner required by the Virginia Security
for Public Deposits Act (Chapter 23, Title 2.1, Code of Virginia of 1950, as
amended), or any successor provision of law.
Section 5.2. Investment of Funds. Proceeds of the Note and moneys in
the Note Fund may, pending their use, be invested in any securities and deposits
which are authorized by the laws of the Commonwealth of Virginia for-public funds.
ARTICLE VI'
Particular Covenants
Section 6.1. Payment of Note. The County shall pay the principal of
and interest on the Note as the same become due and shall observe and perform
all covenants, conditions and agreements contained in the Note and this resolution;
provided, however, that such obligations are not general obligations of the County
but are limited obligations payable solely from the Rents which have been
pledged therefor. The Note and the interest thereon shall not be deemed to
constitute a debt or a pledge of the faith and credit of the Commonwealth of
Virginia or any political subdivision thereof, including the County. Neither the
Commonwealth of Virginia nor the County shall be obligated to pay the principal
of or interest on the Note or other costs incident thereto except from the Rents,
and neither the faith and credit nor the taxing power of the Commonwealth of
Virginia or any political subdivision thereof, including the County, is pledged
to the payment of the principal of or interest on the Note or other costs
incident thereto.
Section 6.2. Maintenance of Visitors Center. The County shall maintain
the Visitors Center or cause it to be maintained in good repair, ordinary wear
and tear excepted, and shall make or cause to be made all necessary repairs,
renewals or replacements. The County or the Foundation may make any additions,
modifications or improvements to the Visitors Center that either of them deems
desirable that do not materially damage or diminish the value of the Visitors
Center.
Section 6.3. Sale or Encumbrances. The County shall not sell, transfer
or mortgage all or any part of the Visitors Center without the prior written
consent of the Bank.
Section 6.4. Records~ Inspection. The County shall maintain proper
books and records relating to the ¥isitors Center. The Visitors Center
and such books and records shall be available for inspection by the Bank
at reasonable times.
Section 6.5. Enforcement of Lease. The County shall faithfully observe
and perform all of its covenants, conditions and agreements under the Lease
and shall enforce the covenants, conditions and agreements of the Foundation
under the Lease for the benefit of the Bank. The County shall not amend
the Lease in any manner that materially adversely affects the Bank without
its prior written consent.
Section 6.6. Tax Exemption of Interest on Note. The County shall not
(a) take any action, or approve or permit the Foundation or anyone else
to take any action, that would cause the Note to become an "industrial
development bond" within the meaning of Section 103(b)(2) of the Internal
Revenue Code of 1954, as amended (the Code), (b) take any action or make
any investment of the proceeds of the Note that would cause the Note to
become an "arbitrage bond" within the meaning of Section 103(c) of the Code,
or (c) take any other action that would adversely affect the exemption
of interest on the Note from Federal income taxation.
Section 6.7. 0blisation of County if Lease Is Terminated. If the Lease
should be terminated for any reason prior to payment of the Note in full,
the County shall use its best efforts to lease o~ sell the Visitors Center
in order to pay the then unpaid principal and interest on the Note.
ARTICLE VII
Insurance~ Damage, Destruction~ Condemnation and Loss of Title
Section 7.1. Insurance Required. (a) The County shall maintain
insurance in the amount of the full replacement cost of the buildings and
improvements constituting part of the Visitors Center against loss or
damage by fire, lightning and other hazards as are covered at standard
rates under insurance commonly referred to as "extended coverage."
(b) The County shall cause the Foundation to maintain during term of
the Lease insurance as follows:
August 8, 1984 (Regular Day Meeting)
34::L
(1) Public liability and property damage insurance with respect to the
Visitors Center and the business operated by the Foundation and any subtenants
of the Foundation, with a combined single limit of $5,000,000 per accident
for bodily injury and property damage; and
(2) Use and occupancy or business interruption insurance to the extent
necessary to insure payments on the Note for a period of one year in the
event of damage to or destructio~ of buildings or improvements constituting
part of the Visitors Center.
(c) Ail such insurance shall be taken out and maintained with generally
recognized and responsible insurance companies reasonably acceptable to the
Bank. Copies of such policies or certificates of the respective insurers
evidencing that such insurance is in full force and effect shall be provided
to the Bank. The Bank shall be named as loss payee or additional insured
on the policies required by subsections (a) and (b)(2) above.
Section 7.2. Damase, Destruction, Condemnation or Loss of Title. If any
part of the Visitors ~enter is damaged or destroyed by fire or other casualty
or conde.mned or lost because of failure of title, the County shall cause the
net proceeds received on account of any such damage, destruction, condemnation
or loss of title to be applied, at the option of the County, to the prepayment
of the Note or to the replacement, repair, rebuilding or restoration of the
Visitors Center to substantially its same condition as prior to such damage,
destruction, condemnation or loss of title, with such modific~ation as the
County may determine and as will not impair the use of the Visitors Center for
the purpose for which it was then being used or intended to be used; provided,
however, that the County shall first consult with the Bank before using such
net proceeds for such replacement, repair, rebuilding or restoration, and
provided, further, that such use of net proceeds shall be made only if the
Foundation does not exercise its right to terminate the Lease.
ARTICLE VIII
Remedies of Noteholders
Section 8.1. Event of Default Defined. Each of the following events is
hereby declared an Event of Default:
(a) failure to pay principal of or interest on the Note when the same
becomes due and payable;
(b) default on the part of the County in the due and punctual performance
of any of the covenants, conditions, agreements and provisions contained in
the Note or in this resolution and to be performed by it, and such default
shall have continued for 60 days after written notice specifying such default
and requiring the same to be remedied shall have been given to the County by
the Bank; or
(c) any substantial part of the Visitors Center shall be destroyed or
damaged and for any reason shall not, without the written consent of the Bank,
be promptly repaired, replaced or reconstructed.
Section 8.~2. Remedies upon Default. Upon the happening of an Event
of Default, the Bank shall have the following rights and remedies:
(a) declare the entire unpaid principal amount of the Note and accrued
interest thereon to be immediately due and payable;
(b) incur and pay suchi reasonable expenses for the account of the
County as may be necessary tio cure the cause of any default; and
(c) proceed to protectl and enforce its rights under the Note and ~this
resolution by a suit, actio~ or special proceeding at law or in equity,
either for the specific performance of any covenant or agreement or execution
of any power or for the enforcement of any proper legal or equitable remedy
as may be deemed most effectual to protect and enforce such rights.
Section 8.3. Delay and Waiver. No delay or omission on the part of the
Bank to exercise any right or power accruing upon any default or Event of
Default shall impair any such right or power or shall be construed to be a
waiver of any such default or Event of Default or acquiescence therein, and
every such right and power may be exercised from time to time as often as may
be deemed expedient. No waiver of any default or Event of Default hereunder
by the Bank shall extend to or shall affect any subsequent default or Event
of Default or shall impair any rights or remedies consequent thereon.
Section 8.q. Remedies Cumulative. No remedy conferred hereby is intended
to be exclusive of any other remedy, and every remedy shall be cumulative and
in addition to every other remedy herein or now or hereafter existing in equity,
at law or by statute.
342
August 8, 1984 (Regular Day Meeting)
ARTICLE IX
Miscellaneous
Section 9.1. Contract with Bank. The provisions of this resolution shall
constitute a contract between the County and the Bank for so long as the Note is
unpaid.
Section 9.2. Authority of Officers and Agents. The officers, employees
and agents of the County shall do all acts and things required of them by this
resolution and the Note for the complete and punctual performance of all the
terms, covenants and agreements contained herein and therein.
Section 9.3. Limitation of Liability of County Officials. No covenant,
condition or agreemen5 contained herein shall be deemed to be a covenant, agreement
or obligation of a present or future member of the Board of Supervisors or officer,
employee or agent of the County in his individual capacity, and neither the members
of the Board of Supervisors nor any officer thereof executing the Note shall be
liable personally on the Note or be subject to any personal liability or account-
ability by reason of the issuance thereof. No member of the Board of Supervisors
or officer, employee or agent of the County shall incur any personal liability
with respect to any other action taken by him pursuant to this resolution,
provided he does not act in bad faith.
Section 9.4. Limitation of Rights. Nothing expressed or mentioned in or
to be implied from this resolution or the Note is intended or shall be construed
to give to any person or company other than the parties hereto and the Bank
any legal or equitable right, remedy or claim under or in respect to this
resolution or any covenants, conditions and agreements herein contained in
this resolution, and all of the covenants, conditions and agreements hereof
are intended to be and are for the sole and exclusive benefit of the County
and the Bank as herein provided.
Section 9.5. Headinss. Any headings in this resolution are solely for
convenience of reference and shall not constitute a part of the resolution nor
shall they affect its meaning, construction or effect.
Section '9.6. Conditions Precedent. Upon the issuance of the Note all
acts, conditions and things required by the Constitution and statutes of the
Commonwealth of Virginia or by this resolution to have happened, exist and to
have been performed precedent to or in the issuance of the Note shall have
happened, exist and have been performed.
Section 9.7. Severability. The provisions of this resolution are hereby
declared to be severable. If any court of competent jurisdiction shall hold
any provision of this resolution to be invalid and unenforceable, such holding
shall not invalidate any other provision hereof.
Section 9.8. Filing of Resolution and Publication of Notice. The Clerk
of the Board of Supervisors is hereby authorized and directed to see to the
immediate filing of a certified copy of this resolution with the Circuit Court
of Albemarle County and within ten days thereafter to cause to be published
once in a newspaper having general circulation in the County a notice setting
forth (1) in brief and general terms the purpose for which the Note is to
be issued and (2) the amount of the Note.
Section 9.9.
immediately.
Effective Date.
This resolution shall take effect
Motion was then offered by Mr. Lindstrom that the Chairman be authorized to sign on
behalf of the County, the deed with the Commonwealth of Virginia (follows) and the
related agreement with the Virginia State Board for Community Colleges (follows). The
motion was seconded by Mr. Bowie and carried by the following recorded vote:
AYES:
NAYS:
Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way.
None.
THIS DEED, made this 6th day of August, 19.84, by and among the
Commonwealth of Virginia, State Board of Community Colleges, hereinafter
"Grantor", and the County of Albemarle and City of Charlottesville, political
subdivisions of the Commonwealth of Virginia, hereinafter "Grantees";
W I TNE S SETH
WHEREAS, pursuant to Chapter 755 of the 1984 Acts of the Assembly,
the Virginia General Assembly has authorized Grantor, subject to the
approval of the Governor, to convey the hereinafter described property
to Grantees; and
WHEREAS, by duly adopted resolution, the Grantor has approved this
conveyance and authorized the execution and delivery of this deed to
Grantees; and
August 8, 1984 (Regular Day Meeting)
NOW THEREFORE, for and in consideration of the sum of FIVE HUNDRED
AND SIXTY-TWO THOUSAND, FIVE HUNDRED DOLLARS AND NO CENTS ($562,500.00)
cash paid by the Grantees to the Grantor, receipt of which is hereby
acknowledged, the Grantor does hereby grant, sell and convey unto the
Grantees, with Special Warranty of Title, except as hereinafter provided,
the following described property with the existing improvements thereon
situate:
Ail that certain lot, piece or parcel of land consisting of
5.911 acres, more or less, together with the improvements thereon
formerly used as the Western Virginia Bicentennial Center, located
in the Southwest quadrant of Interstate 64 and State Route 20
Interchange south of Charlottesville in Albemarle County and which
is more particularly described as "Parcel A" on the plat of survey
attached hereto and incorporated herein by reference, said plat
entitled "Subdivision Plat Showing Survey of Parcels 'A' and 'B'",
dated January 23, 1984, revised June 8, 1984, and prepared by
G!oeckner, Lincoln & Osborne, Inc., Charlottesville, Virginia 229G1.
Being a part of the same property conveyed to the Commonwealth of
Virginia from the Virginia Association of Workers for the Blind,
Incorporated, by deed dated June 26, 1946, recorded in Deed Book
276, page 355 in the Clerk's Office, Circuit Court, Albemarle County,
Virginia.
Grantor further grants unto the Grantees, their agents, employees and
invitees, a nonexclusive right of access over the existing access road shown
on the attached plat for purposes only of ingress and egress to the property
herein conveyed; provided however, Grantees understand and agree that such
right of access is subordinate to, and may not interfere with, the use of
the access by Grantor or Grantor's operations at Piedmont Virginia Community
College; and provided further, Grantees shall be jointly and severally
responsible for repairing any damage to said access caused by its use, or that
of its agents, employees and invitees, reasonable wear and tear expected. It
is further understood and agreed that Grantor reserves the right to close said
access at any time in the interest of public safety or order, or for purposes
of improving, constructing or repairing said access. If Grantees shall at
any time cease to use said access or if such access is no longer the sole means
of ingress and egress to the said property herein conveyed to the Grantees,
said right of access shall thereupon automatically be extinguished and revert
to Grantor, and at Grantor's request, Grantees shall quitclaim a release thereof.
Unless and until otherwise provided by the General Assembly of Virginia,
the use of the property shall be limited to the promotion of education, historic
preservation, conservation, and display of historically significant artifacts
associated with Monticello and for the operation of an information center and
gift shop for visitors in the area.
In the event of a breach of any of the foregoing conditions, the property
herein conveyed shall, at the option of Grantor, revert to Grantor and, upon
demand, Grantees shall quitclaim same to Grantor.
Grantor further hereby grants Grantees an e~trance easement from its
said access road, as shown on the attached plat, over Parcel B for the purpose
only of ingress and egress to the said Parcel A from the said access road;
provided however, Grantees understand and agree that no improvements or
modifications shall be made thereon without the approval of Grantor and in
accordance with the Virginia Department of Highways and Transportation
specifications; and provided further, Grantees understand and agree that they
are jointly and severally responsible for repairing any damage to Grantor's
property, reasonable wear and tear excepted, as well as restoring Grantor's
property to the condition existing before any improvements or modifications
were made to the entrance easement area.
This conveyance is subject to any and all matters of record, including
without limitation, restrictions, covenants, conditions, easements and right of way.
Grantor further retains a slope easement along the eastern border of the said
access road facing Parcel A as shown in the attached plat and described
thereon as "slope easement." It is understood that Grantees shall not disturb,
dig or make any modifications to the area within the slope easement without
the approval of Grantor and in accordance with Virginia Department of Highways
and Transportation specifications. Furthermore, Grantor reserves the right
to repair, improve, or modilfy the area within the slope easement as it,-in its
sole discretion, shall determine advisable to maintain the structure and/or
integrity of the access road and drainage. Grantor further reserves the noted
20 foot drainage easements shown on the attached plat for the collection,
distribution and drainage of water over, under and across Parcel A from Parcel
B and other lands. Grantees jointly and severally agree to maintain and
repair the existing drainage ditches, lines or systems within the noted
drainage easements to ensure the said proper and efficient drainage of water
over, under and across Parcel A.
IN WITNESS THEREOF, this Deed has been duly executed.
GRANTOR:
COMMONWEALTH OF VIRGINIA
STATE BOARD OF COMMUNITY COLLEGES
BY (Signed by George Harrison Gilliam)
Title: Chairman
APPROVED:
(Signed by Charles S. Robb)
Governor, Commonwealth of Virginia
APPROVED AS TO FORM:
(Signed by
Assistant Attorney General
Office of the Attorney General
GRANTEES:
BOARD OF SUPERVISORS FOR ALBEMARLE COUNTY
BY (Signed by Gerald E. Fisher) Title: Chairman
CITY COUNCIL FOR THE CITY OF CHARLOTTESVILLE
BY (Si~ned~by Elizabeth B. Gleason) Title: Vice-Mayor
This Agreement made this 9th day of August, 1984, by and among the
Virginia State Board for Community Colleges, (the "State Board"), and the County
of Albemarle and City of Charlottesville, Virginia, (the "County and City");
WITNESSETH
For and in consideration of the mutual covenants set out herein the parties
hereto agree as follows:
1. Subject to approval of the Governor and the Attorney General, the State
Board will convey certain property to the County and City as set forth and described
in the proposed deed attached hereto as Exhibit A (the "Property"].
2. Upon execution of the deed, the County and City understand and agree
that they are bound by the terms of a paragraph restricting the use of the Property
set out at Chapter 755, page eighty, of the Acts of the General Assembly, approved
April 11, 1984 ("Chapter 755"), except as may be subsequently modified by the
General Assembly, just as if set forth in the said deed.
3. The County and City agree that the said restriction, as may be modified
by the General Assembly, shall be set forth in any subsequent deed or other
instrument of conveyance granting, transferring or leasing said property, or
any portion thereof, to any entity, firm, locality or person.
4. The State Board acknowledges that the County and City will seek a
legislative modification to the said existing restrictions to permit other
non-commercial uses of said Property. The State Board agrees to cooperatively
work with the localities in developing a mutually satisfactory modification
for joint submission to the General Assembly insofar as such modification is
determined to be in the best interest of Piedmont Virginia Community College.
5. The County and City will provide the Commonwealth of Virginia, State
Board for Community Colleges, in a form proper for recording in appropriate
land records, a restrictive covenant setting forth the noted restriction as
may be modified by the General Assembly.
6. The undersigned signatories for the County and City aforesaid
respectively warrant that this agreement has been duly approved by the County
Board of Supervisors for Albemarle County, and City Council for the City of
Charlottesville.
WITNESS the following signatures and seals:
County of Albemarle, Virginia
By: (Signed by Gerald E. Fisher)
Chairman, Albemarle County
Board of Supervisors
City of Charlottesville, Virginia
By: (Signed by Elizabeth B. Gleason)
Vice-Mayor, City Council
Commonwealth of Virginia, State Board
for Community Colleges
By: (Signed by George H. Gilliam)
Chairman
August 8, 1984 (Regular Day Meeting)
~c~; ~76~:~:~'~ ~ the same property conveyed to the City and County by
deed from the Commonwealth of Virginia, State Board for Community Colleges
dated August 6, 1984 and recorded in the Clerk's Office of the Circuit Court
for the County of Albemarle immediately preceding this deed.
This conveyance is made subject to all existing easements, covenants,
and restrictions affecting the property, including but not limited to those
set forth in the aforesaid deed from the Commonwealth.
IN WITNESS WHEREOF, the City has caused this deed to be executed by
its Mayor, or its Vice-Mayor in the absence of the Mayor, and its corporate
seal to be affixed and attested pursuant to an ordinance duly adopted by the
City Council at its regular meeting on August 6, 1984.
CITY OF CHARLOTTESVILLE
Attested:
(.Si.g~d by Jeanne Cox)
Clerk of Council
By (Signed by Elizabeth B. Gleason)
Vice-Mayor
Motion was then offered by Mr. Lindstrom, to authorize the Chairman to sign other
necessary documents such as Non-Arbitrage certificate of Albemarle County, Virginia,
and No-Litigation statements necessary to close the loan and purchase the Bicentennial
property. Mr. Way seconded the motion and same carried by the following recorded vote:
AYES:
NAYS:
Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way.
None.
Agenda Item No. 15. Resolution: Law Enforcement Appreciation Day.
Mr. Lindsay Dorrier, Jr., Commonwealth's Attorney, was present and requested
approval of a resolution to designate September 9, 1984 as Law Enforcement Day. Mr.
Dorrier said this was done last year and since the law enforcement officials do not have a
special day of recognition, he felt same was a good idea. The idea was discussed with
Frank Johnstone, Chief of Police, and he is agreeable. Mr. Dorrier said the ElM's Club
has been reserved for this day at 4:00 P.M. with a barbecue planned for the event and he
extended an invitation to the Board members to attend same.
Mr. Fisher felt the designation of a Law Enforcement Day was a good idea. Motion was
then offered by Mr. Lindstrom, seconded by Mr. Bowie, to adopt the following to proclaim
September 9, 1984 as Law Enforcement Appreciation Day as requested by the Commonwealth's
Attorney. Roll was called and the motion carried by the following recorded vote:
AYES.:
NAYS:
Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way.
None.
PROCLAMATION
WE, THE ALBEMARLE COUNTY BOARD OF SUPERVISORS, HEREBY PROCLAIM THAT
SUNDAY, SEPTEMBER 9, 1984, BE OFFICIALLY DESIGNATED "ALBEMARLE COUNTY LAW
ENFORCEMENT APPRECIATION DAY" IN APPRECIATION FOR THE PAST AND FUTURE PUBLIC
SERVICE RENDERED BY THE VIRGINIA STATE POLICE, ALBEMARLE COUNTY SHERIFF'S
DEPARTMENT, ALBEMARLE COUNTY POLICE DEPARTMENT, CHARLOTTESVILLE POLICE
DEPARTMENT AND UNIVERSITY POLICE DEPARTMENT TO THE CITIZENS OF ALBEMARLE
COUNTY.
Agenda Item No. 22. Report: Compensation for Boards and Commissions.
Several months ago, Mr. Fisher had inquired about compensation of boards and commissions.
A request was made at that time for the staff to examine the matter to determine if the
compensation being paid to members is adequate and if those not receiving compensation
should be paid. Mr. Agnor said as he understood the concern expressed related to the
Board of Zoning Appeals. Therefore, the following report was prepared by Ms. Sandy Reinsel,
Administrative Assistant, dated July 30, 1984 and is being submitted for Board consideration:
"Out of the approximately thirty-two boards and commissions which Albemarle
County residents participate in, only fourteen compensate their members for
the donation of their services.
The boards and commissions which compensate their members appear to have
greater administrative, regulatory or appeals responsibilities than those
which do not. The boards and commissions which do not compensate their
members for the donation of their services are generally regional or advisory
in nature.
The majority of the boards and commissions which compensate their members do
so at the rate of $25 per meeting. The Albemarle County Service Authority and
Welfare Board which pay their members $50 and $33.33 per meeting respectively,
and the Planning Commission and School Board which pay their members $200 a
month (this averages out to be approximately $46 a meeting), compensate their
members at a higher level than the $25 a meeting standard. The Electoral Board
pays the chairman and vice chairman of that body $1,206 and the secretary $2,412
annually. However, these amounts reflect compensation for hours organizing and
overseeing the County election, and cannot be broken down on a per meeting basis.
34.6
August 8, 1984 (Regular Day Meeting)
S~'EH"~'~'~ ~-~' the same property conveyed to the City and County by
deed from the Commonwealth of Virginia, State Board for Community Colleges
dated August 6, 1984 and recorded in the Clerk's Office of the Circuit Court
for the County of Albemarle immediately preceding this deed.
This conveyance is made subject to all existing easements, covenants,
and restrictions affecting the property, including but not limited to those
set forth in the aforesaid deed from the Commonwealth.
IN WITNESS WHEREOF, the City has caused this deed to be executed by
its Mayor, or its Vice-Mayor in the absence of the Mayor, and its corporate
seal to be affixed and attested pursuant to an ordinance duly adopted by the
City Council at its regular meeting on August 6, 1984.
CITY OF CHARLOTTESVILLE
Attested:
(Signed by Jeanne Cox)
Clerk of Council
By (Signed by Elizabeth B. Gleason)
Vice-Mayor
Motion was then offered by Mr. Lindstrom, to authorize the Chairman to sign other
necessary documents such as Non-Arbitrage certificate of Albemarle County, Virginia,
and No-Litigation statements necessary to close the loan and purchase the Bicentennial
property. Mr. Way seconded the motion and same carried by the following recorded vote:
AYES:
NAYS:
Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way.
None.
Agenda Item No. 15. Resolution: Law Enforcement Appreciation Day.
Mr. Lindsay Dorrier, Jr., Commonwealth's Attorney, was present and requested
approval of a resolution to designate September 9, 1984 as Law Enforcement Day. Mr.
Dorrier said this was done last year and since the law enforcement officials do not have a
special day of recognition, he felt same was a good idea. The idea was discussed with
Frank Johnstone, Chief of Police, and he is agreeable. Mr. Dorrier said the Elk's Club
has been reserved for this day at 4:00 P.M. with a barbecue planned for the event and he
extended an invitation to the Board members to attend same.
Mr. Fisher felt the designation of a Law Enforcement Day was a good idea. Motion was
then offered by Mr. Lindstrom, seconded by Mr. Bowie, to adopt the following to proclaim
September 9, 1984 as Law Enforcement Appreciation Day as requested by the Commonwealth's
Attorney. Roll was called and the motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way.
None.
P'ROC LAMATION
WE, THE ALBEMARLE COUNTY BOARD OF SUPERVISORS, HEREBY PROCLAIM THAT
SUNDAY, SEPTEMBER 9, 1984, BE OFFICIALLY DESIGNATED "ALBEMARLE COUNTY LAW
ENFORCEMENT APPRECIATION DAY" IN APPRECIATION FOR THE PAST AND FUTURE PUBLIC
SERVICE RENDERED BY THE VIRGINIA STATE POLICE, ALBEMARLE COUNTY SHERIFF'S
DEPARTMENT, ALBEMARLE COUNTY POLICE DEPARTMENT, CHARLOTTESVILLE POLICE
DEPARTMENT AND UNIVERSITY POLICE DEPARTMENT TO THE CITIZENS OF ALBEMARLE
COUNTY.
Agenda Item No. 22. Report: Compensation for Boards and Commissions.
Several months ago, Mr. Fisher had inquired about compensation of boards and commissions.
A request was made at that time for the staff to examine the matter to determine if the
compensation being paid to members is adequate and if those not receiving compensation
should be paid. Mr. Agnor said as he understood the concern expressed related to the
Board of Zoning Appeals. Therefore, the following report was prepared by Ms. Sandy Reinsel,
Administrative Assistant, dated July 30, 1984 and is being submitted for Board consideration:
"Out of the approximately thirty-two boards and commissions which Albemarle
County residents participate in, only fourteen compensate their members for
the donation of their services.
The boards and commissions which compensate their members appear to have
greater administrative, regulatory or appeals responsibilities than those
which do not. The boards and commissions which do not compensate their
members for the donation of their services are generally regional or advisory
in nature.
The majority of the boards and commissions which compensate their members do
so at the rate of $25 per meeting. The Albemarle County Service Authority and
Welfare Board which pay their members $50 and $33.33 per meeting respectively,
and the Planning Commission and School Board which pay their members $200 a
month (this averages out to be approximately $46 a meeting), compensate their
members at a higher level than the $25 a meeting standard. The Electoral Board
pays the chairman and vice chairman of that body $1,206 and the secretary $2,412
annually. However, these amounts reflect compensation for hours organizing and
overseeing the County election, and cannot be broken down on a per meeting basis.
August 8, 1984 (Regular Day Meetingi
In addition to the aforementioned groups, the Jail Board and Road Viewers
compensate their members at the rate of $20 per meeting and $15 a day respectively.
These rates are slightly below the $25 a meeting average.
Based upon response to advertisements for board and commission appointments
collected by the Clerk of the Board of Supervisors over the past four years,
there appears to be no correlation between the number of applicants for appoint-
ment positions and compensation received for serving in those positions.
Therefore, since there is little difference between the compensation levels
of the boards and commissions currently receiving some form of compensation
for member's services, once frequency and duration of meetings is accounted for,
and since compensation for services seems to have.no impact on the appointment
process, no change in the rate of compensation for County board and commission
members is proposed at this time.
It is recommended, however, that all boards and commissions whose members
receive $25 per meeting compensation for their services be incorporated into
the Equalization of Pay section in the County Code (Section 15.2-5). This could
be achieved by eliminating section 15.4 which places a cap of $50 per month
on compensation board and commission members may receive for meetings attended.
Elimination of the cap would allow such groups as the Equalization Board and
Land Use Classification Appeals Board which meet intensively during one or two
months out of the year, to be covered by the Equalization of Pay guidelines
without causing a loss in compensation to their members."
Mr. Agnor said the staff could find no particular basis for the $50 per month limitation.
Therefore, the staff opinion is to remove the $50 per month cap by amending the ordinance.
In eliminating the cap, the concern expressed by some members on the Board of Zoning
Appeals would be resolved. Further, the staff feels that $25 per meeting is an adequate
amount. Mr. Agnor said the staff also discussed not compensating any boards and commission
members as well as discussions to include all. However, the general feeling is that
neither are justified.
Mr. Bowie said the report was excellent and agreed with the recommendations ~ontained
in same. He then offered motion to request the staff to prepare an ordinance for the
Board's consideration regarding amendment of Section 15.4 of the Albemarle County Code
which places a limitation of $50 per month on compensation of board and commission members.
Mrs. Cooke seconded the motion and same carried by the following recorded vote'
AYES: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way.
NAYS: None.
Mr. Fisher suggested that agenda item #23 be discussed after the executive session in
the event that the Board has any nominations for appointments. He then suggested that the
Board recess for lunch until the 3:00 P.M. executive session. Mr. Bowie said he would.
like a brief executive session to discuss property matters concerning the McIntire property.
Motion was offered at 12:02 P.M~ by Mr. Bowie, seconded by Mr. Lindstrom, to adjourn into
executive session for the purpose of discussing sale of property. Roll was called and the
motion carried by the following recorded vote:
AYES: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Henley, Lindstrom and Way.
NAYS: None.
The Board reconvened into open session at 1:00 P.M. and immediately recessed until
3:00 P.M.
Agenda Item No. 24. Executive Session: Personnel.
(Mr. Henley did not return to the Board meeting after the lunch break.) At 3:00
P.M., motion was offered by Mr. Bowie, seconded by Mrs. Cooke, to adjourn into executive
session to discuss personnel matters. Roll was called and the motion carried by the
following recorded vote'
AYES: Mr. Bowie, Mrs. Cooke, Messrs. Fisher and Way.
NAYS: None.
ABSENT: Messrs. Henley and Lindstrom.
(Mr. Lindstrom arrived at 3:05 P.M.)
The Board reconvened into open session at 5:05 P.M. and continued with the agenda.
Agenda Item No. 23. Appointments:
Mr. Bowie nominated and offered motion to appoint Mr. Roger Flint to the Resource
Recovery Commission; there is no specific expiration date on this appointment. He noted
that Mr. Flint is one of the founders of the Clean Community Commission and has worked
extensively with recycling and in establishing the recycling center for the County. Mrs.
Cooke seconded the motion and same carried by the following recorded vote:
AYES: Mr. Bowie, Mrs. Cooke, Messrs. Fisher, Lindstrom and Way.
NAYS: None.
ABSENT: Mr. Henley.