2001-09-19September 19, 2001 (Regular Night Meeting)
(Page 1)
A regular meeting of the Board of Supervisors was held on September 19, 2001, at 7:00 p.m.,
Room 241, County Office Building, Mclntire Road, Charlottesville, Virginia.
PRESENT: Mr. Lindsay G. Dorrier; Jr., Ms. Charlotte Y. Humphris; Mr. Walter F. Perkins, and Ms.
Sally H. Thomas.
ABSENT: Mr. David P. Bowerman and Mr. Charles S. Martin.
OFFICERS PRESENT: County Executive, Mr. Robert W. Tucker, Jr.; County Attorney,
Mr. Larry Davis; Director, Planning and Community Development, Mr. Wayne Cilimberg; and Senior Deputy
Clerk, Ms. Laurel A. Bentley.
Agenda Item No. 1. The Chairman, Ms. Thomas, called the meeting to order at 7:00 p.m.
Agenda Item No. 2. Pledge of Allegiance.
Agenda Item No. 3. Moment of Silence.
Agenda Item No. 4. Other Matters not Listed on the Agenda from the Public.
Ms. Lang Murray, a member of the Piedmont Council of the Arts, distributed copies of the Arts
Education & Cultural Resource Directory (on file in the Clerk's office) and thanked the Board for its ongoing
support.
Not-docketed: Resolution of Appreciation to Local Firefighters and Rescue Squadsmen.
Ms. Thomas read a Resolution of Appreciation to Local Firefighters and Rescue Squadsmen for
their fundraising efforts in response to the bombing of the World Trade Center and the Pentagon on
September 11,2001. She then presented individual signed copies to representatives of several local
firehouses and rescue squads. Mr. John Oprandy, Training Captain, said the total of funds raised in the
community currently stands at $250,000.
Ms. Humphris offered the motion, seconded by Mr. Dorrier, to adopt the following Resolution of
Appreciation to Local Firefighters and Rescue Squadsmen. Roll was called and the motion passed by the
following recorded vote:
AYES:
NAYS:
ABSENT:
Ms. Humphris, Mr. Perkins, Ms. Thomas, and Mr. Dorrier.
None.
Mr. Martin and Mr. Bowerman.
(The resolution is as follows:)
RESOLUTION
WHEREAS,
on September 11, 2001 the United States of America suffered a national tragedy due to
terrorist attacks upon America in New York City and Washington, D.C.; and
WHEREAS,
the casualties, human suffering, and lost lives from the terrorist attacks have been great and
have tested the faith, the endurance, and the good will of all Americans; and
WHEREAS,
the firefighters of America have risen to the tremendous challenge placed upon them by the
terrorist attacks upon America; and
WHEREAS,
many of the firefighters willingly risked and gave their lives in order to rescue their fellow
citizens; and
WHEREAS,
these unsung heroes left many grieving families behind as they put the lives of others ahead
of their own; and
WHEREAS,
the career and volunteer firefighters and rescue squadsmen of the City of Charlottesville and
Albemarle County, Virginia, on September 13, 2001, initiated a fundraising "boot" drive for the
families of fallen firefighters in New York City; and
WHEREAS,
WHEREAS,
the career and volunteer firefighters and rescue squadsmen of the City of Charlottesville and
Albemarle County, Virginia, on September 13, 2001, have successfully raised $235,000 in four
days for the families of their fallen comrades in New York City; and
the efforts of our local firefighters and rescue squadsmen are deserving of our great support
and appreciation;
September 19, 2001 (Regular Night Meeting)
(Page 2)
NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors of Albemarle County, Virginia,
hereby recognizes and expresses its heartfelt appreciation for the efforts of so few for the
benefit of so many;
AND FURTHER RESOLVED, that the men and women of the following fire and rescue units are to be
commended for their outstanding work in raising funds for the families of their fallen
comrades:
Albemarle County Fire/Rescue
Albemarle Professional Firefighters Association
Charlottesville Albemarle Rescue Squad
Charlottesville Professional Firefighters Association
City of Charlottesville Fire Department
Crozet Volunteer Fire Department
Earlysville Volunteer Fire Department
East Rivanna Volunteer Fire Company
North Garden Volunteer Fire Company
Scottsville Rescue Squad
Scottsville Volunteer Fire Department
Seminole Trail Volunteer Fire Department
Stony Point Volunteer Fire Company
Western Albemarle Volunteer Rescue Squad
AND RESOLVED, that the Clerk of the Board of Supervisors prepare a copy of this resolution for each of the
organizations listed above.
Agenda Item No. 5. Consent Agenda.
Ms. Humphris offered the motion, seconded by Mr. Perkins, to approve items 5.1 through 5.5, and
to accept item 5.6 for information. Roll was called and the motion passed by the following recorded vote:
AYES: Ms. Humphris, Mr. Perkins, Ms. Thomas, and Mr. Dorrier.
NAYS: None.
ABSENT: Mr. Martin and Mr. Bowerman.
Item No. 5.1. ZMA-2001-01. Redfields (deferred from August 8, 2001).
The executive summary states that, at the August 8, 2001 Board of Supervisors meeting, the
applicant agreed to drop Lots 117-120 from the Redfields rezoning (ZMA 01-01) Application Plan. The
applicant also agreed to provide a fifty (50)-foot easement for the possibility of a connector road between
Cedarwood Court and Tell Lane. The Board deferred action until the applicant could demonstrate these
two items on a revised Application Plan.
The revised Application Plan, dated August 21,2001 (on file in the Clerk's office) shows the
removal of lots which were closest to the Sherwood Farms development (Lots 177-120). The Application
Plan was also redesigned to allow for the extension of Cedarwood Court to Teel Lane. The Plan has a
note identifying the area under reservation for the potential road extension.
Finally, the applicant has provided an additional proffer, Proffer 11 (listed below). This proffer
obligates the developer to dedicate, upon demand, a fifty (50)-foot right-of-way to the County for the
purposes of the connector road. This should ensure that the necessary right-of-way is in place, when and
if, the County decides to construct the connector road.
These commitments should meet the Board's expectations set at the August 8, 2001 meeting.
By the above-recorded vote, the Board approved ZMA-2001-01, Redfields, and accepted the
applicant's proffer:
PROFFER FORM
Date: September 10, 2001
ZMA-2001-01
Tax Map and Parcel Number(s) 76-22B, 76-22D and 76R1 Parcel 1
9.4 Acres to be rezoned from R-1 to PRD
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly
authorized agent, hereby voluntarily proffers the conditions listed below which shall be applied to
September 19, 2001 (Regular Night Meeting)
(Page 3)
the property, if rezoned. These conditions are proffered as a part of the requested rezoning and it
is agreed that: (1) the rezoning itself gives rise to the need for the conditions; and (2) such
conditions have a reasonable relation to the rezoning request.
TAX MAP PARCELS 76-22B, 76-22D and 76R1 Parcel 1
72.7 Acres
Overall development shall be in general accord with the Application Plan first approved
under ZMA-89-18, as amended by subsequent rezoning actions. The Application Plan
entitled Redfields, prepared by the Cox Company, submitted January 16, 2001, last revised
August 21,2001 ("Application Plan") submitted with these proffers reflects layout of the
Redfields PRD as of the date of these proffers, except the area delineated within the
Phases 4A and 4B on the Application Plan, also referred to as the "Site";
Development within the 72.7 acre site, identified as Phases 4A and 4B, shall be in general
accord with the Application Plan;
3. The maximum allowable residential units in the Redfields PRD shall be limited to 656;
4. Applicant will limit total development on the Site to 125 residential units;
The applicant shall provide a (5) foot wide asphalt footpath in the right-of-way along
Redfields Road between Hayrake Lane and Courtyard Drive. The alignment of this
footpath shall be subject to VDOT and Albemarle County Service Authority approvals.
This footpath shall be provided before or during the construction of Redfields Phase 4B;
The 30% percent open space established under ZMA-89-18, as amended by subsequent
rezoning actions shall remain in effect for the entire Redflelds PRD. Open space on the
Application Plan for ZMA-01-001 shall be not less than approximately 27 acres of the 72.7
acres. Disturbance of open space shall be limited to installation of trails, stormwater
facilities, utilities, and private roads as shown generally on the Application Plan. The
Applicant shall make every effort to minimize disturbance of critical slopes in the
installation of these features. The Applicant shall retain the right to request additional
disturbance of open space in accordance with Section 4.7 of the Albemarle County Zoning
Ordinance;
Pedestrian trails shall be constructed in the locations as shown generally on the
Application Plan. The Applicant shall rough grade these trails during the public
improvements for Phase 4B to the standards of a Class A trail, as indicated in the County's
Comprehensive Plan. Upon demand of the County, the trail running parallel to the Norfolk
and Southern Railroad and labeled "Proposed HOA and County Greenbelt Connector
Trail" shall be reserved for dedication for public use on the final plat for phase 4B. This
"Proposed HOA and County Greenbelt Connector Trail" shall be fifty (50) feet wide where
possible and shall include the road on the Redfields Property running between Old Route
29 and the box culvert, which currently passes under the Norfolk and Southern Railroad;
Development standards for yards, private road improvements, and shared driveways shall
be as shown on the Application Plan or as modified in proffer #10;
Each lot shall comply with current building site provisions. No driveway shall encroach
more than fifty (50) lineal feet on slopes of 25% or greater;
10. Zero lot line setbacks may be applied to Phases 4A and 4B as follows:
All such structures for which separation and/or side yards are reduced shall be
constructed in accordance with the current edition of the Virginia Uniform
Statewide Building Code;
In the case of yard reduction, the Albemarle County Fire Official may require such
guarantee as deemed necessary to ensure compliance with the provisions of this
proffer, inclusive of, but not limited to, deed restriction disclosures, and other such
instruments and the recordation of the same in the office of the Clerk of the Circuit
Court of the County;
No structures shall encroach on any emergency accessway as may be required by
the Albemarle County Fire Office;
No structures shall encroach on any utility, drainage or other easement, nor any
feature required by the Zoning Ordinance;
The wall of a dwelling unit located within three (3) feet of the lot line shall have no
windows, doors, or any other type of openings unless permitted by the Virginia
Uniform Statewide Building Code;
f. At the sole discretion of the applicant, front setbacks may be reduce to ten (10)
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feet;
As necessary in a particular case, a perpetual wall maintenance easement shall
be provided on the lot adjacent to the zero lot line property such that, with the
exception of fences, a total width between dwelling units of six (6) feet shall be
kept clear of all structures. This easement shall be shown of the final plat and
incorporated in each deed transferring title to the property. Roof overhangs may
penetrate the easement on the adjacent lot a maximum of twenty-four (24) inches,
but the roof shall be designed that water runoff from the dwelling placed on the lot
line is limited to the lot of the dwelling of the easement area. Building footings may
penetrate the easement on the adjacent lot a maximum of eight (8) inches; and,
11.
Upon request of Albemarle County, Virginia, for the purpose of the connection of
Cedarwood Court to Tell Lane, the Owner shall dedicate to the County a right-of-way
consisting of a strip of land at a width deemed necessary by the County, but not to exceed
fifty (50) feet in width within the area designated at the end of Cedarwood Court on the
Application Plan dated August 21,2001 prepared by The Cox Company. The Owner shall
place in the deeds from Redfields Development Corporation conveying lots in Redfields
Phase 4A and 4B as shown on the Application Plan the following language:
"Notice: Cedarwood Court may in the future connect to Tell Lane."
If the County does not request that the land be dedicated within twenty-five (25) years after the date
these proffers are accepted, or if the land is dedicated but at any time thereafter the County
determines not to use it for public right-of-way purposes, the land shall be Open Space.
Item No. 5.2. Resolution to participate as member of Thomas Jefferson HOME Consortium and
authorize County Executive to execute Cooperation Agreement.
The executive summary states that The U.S. Department of Housing and Urban Development
(HUD) annually provides funding under the HOME Investment Partnership Program to units of state and
local government through formula allocations. Only the larger jurisdictions receive funding under the
established formulas. HUD does, however, allow smaller localities to form a consortium in order to receive
an allocation of HOME funds.
Albemarle County has participated as a member of the Thomas Jefferson HOME Consortium (six
jurisdictions of the Planning District) since 1992 sharing in approximately $6.5 million in HOME funds to
support affordable housing initiatives in the region. The current agreement expires September 30, 2001.
Since 1998, approximately $275,000 has been used in Albemarle to assist in the rehabilitation of 22
homes, provide mortgage assistance to four families, and to support property acquisition for the
development of affordable rental housing. The current year allocation of $104,500 is projected to
rehabilitate 7 homes, assist 3 homebuyers, and support development of four rental units.
Albemarle Housing Improvement Program (AHIP) has been the County's designated subrecipient
for the purpose of implementing housing initiatives with the HOME funds. AHIP is also a certified
Community Development Housing Organization (CHDO) and, as such, has access to a fifteen percent
(15%) set-aside of HOME funds for CHDO development activity.
Each of the six jurisdictions in the Consortium will execute a Cooperation Agreement. The
Cooperation Agreement (on file in the Clerk's office), referred to in the resolution, includes strikeovers
removing language found in the existing agreement and bold type denoting insertion of new language.
These changes are a result of changes in regulations by HUD applicable to the consortium. The changes
are outlined as follows:
HUD now requires participation in a consortium for three years without a 90-day notice for opt out as
previously allowed;
At the end of three years, the participation in the consortium is automatically renewed for another
three years. However, the lead agency (City of Charlottesville) will notify each member of their right
not to renew for another 3-year period.
Upon automatic renewal, each jurisdiction agrees to amend the agreement to conform with any
changes required by HUD. Failure to amend the agreement will void automatic renewal of the
agreement.
Staff recommends adoption of a resolution to participate in the Consortium for a three-year period
and to designate Albemarle Housing Improvement Program as the subrecipient of HOME funds to be used
in accordance with the Consolidated Plan and for identified priority housing needs within the County.
By the above-recorded vote, the Board adopted the following Resolution to participate as
member of Thomas Jefferson HOME Consortium and authorized County Executive to execute the
Cooperation Agreement.
(The resolution is as follows:)
September 19, 2001 (Regular Night Meeting)
(Page 5)
RESOLUTION OF SUPPORT
FOR
COOPERATION AGREEMENT FOR THE
THOMAS JEFFERSON HOME CONSORTIUM
UNDER THE HOME INVESTMENT PARTNERSHIP PROGRAM
Whereas, there exists a continuing need to provide affordable housing opportunities for Iow and moderate
income citizens; and
Whereas, the HOME Investment Partnership Program provides financial assistance to the members of the
Thomas Jefferson HOME Consortium in support of these affordable housing opportunities; and
Whereas, the Thomas Jefferson HOME Consortium has successfully provided affordable housing opportunities
for Iow and moderate income citizens since its inception in 1992; and
Whereas, continued participation in the Thomas Jefferson HOME Consortium will increase affordable housing
opportunities for Iow and moderate income citizens;
Now, Therefore Be It Resolved, the Albemarle County Board of Supervisors does support continued
participation in the Thomas Jefferson HOME Consortium and authorizes the County Executive to sign
the Cooperation Agreement for the period October 1,2001 through September 30, 2004.
Be It Further Resolved, the Albemarle County Board of Supervisors designates the Albemarle Housing
Improvement Program (AHIP) as the subrecipient of HOME funds available through the Consortium
to implement housing programs in accordance with the Consolidated Plan and to address priority
housing needs within the County.
(The agreement is as follows:)
COOPERATION AGREEMENT
AMONG
ALBEMARLE COUNTY, CITY OF CHARLOTTESVILLE, FLUVANNA COUNTY
GREENE COUNTY, LOUISA COUNTY AND NELSON COUNTY
FOR DESIGNATION AS A PARTICIPATING CONSORTIUM
UNDER THE HOUSING AND URBAN DEVELOPMENT
HOME INVESTMENT PARTNERSHIP PROGRAM
Recognizing the need to alleviate the housing problems within the region and, by virtue of the Resolutions of
Support for participation in the HOME Investment Partnership Program, Albemarle County, City of
Charlottesville, Fluvanna County, Greene County, Louisa County and Nelson County do hereby agree to
establish the Thomas Jefferson Area Consortium (CONSORTIUM).
Membership:
1. The members of the CONSORTIUM are the governments of the City of Charlottesville, and the
Counties of Albemarle, Fluvanna, Greene, Louisa, and Nelson (MEMBERS).
Responsibilities of MEMBERS:
1. The MEMBERS of the CONSORTIUM agree to cooperate to undertake or assist in undertaking
housing assistance activities for the HOME Investment Partnership Program;
2. The MEMBERS agree to affirmatively further fair housing within the CONSORTIUM;
3. The MEMBERS of the Consortium designate the City of Charlottesville to act in a representative
capacity for all members for the purposes of the HOME program (LEAD AGENCY) and assumes
overall responsibility for ensuring that the CONSORTIUM'S HOME program is carried out in
compliance with the HOME program requirements, including requirements concerning a Consolidated
Plan in accordance with HUD regulations in 24 CFR Parts 92 and 91, respectively, and the
requirements of 24 CFR 92.350;
4. The MEMBERS designate the Thomas Jefferson Planning District Commission (COMMISSION) to
serve as the managing body for the HOME Investment Partnership Program. The COMMISSION shall
be responsible for (1)the development of the regional portion of the Consolidated Plan; (2) preparation
of an annual budget that assures equal sharing of funds; (3) development of rules and regulations
consistent with federal rules and regulations; (4) development of program design and oversight; (5)
provision of financial management, compliance oversight and general management; and (6) other
such requirements which may, from time to time, be promulgated by the federal government. Policy,
consistent with the terms of this agreement, is assigned to the Commission, and the administrative
duties to the staff.
5. The MEMBERS further request the City of Charlottesville, acting as LEAD AGENCY, to contract with
the COMMISSION for these services, to be supported with administrative funds from the annual HOME
allocation to the CONSORTIUM. The COMMISSION may, in turn, allocate a portion of the
September 19, 2001 (Regular Night Meeting)
(Page 6)
Administrative Funds to the local SUBRECIPIENTS and/or Community Housing Development
Organizations (CHDOs) to insure proper use of the HOME funds by the SUBRECIPIENT or CHDO.
6. The MEMBERS understand two types of housing organizations may use the CONSORTIUM HOME
funds: a SUBRECIPIENT, or a CHDO:
A SUBRECIPIENT is a housing organization designated by the MEMBER, by resolution, to implement
housing activities using HOME CONSORTIUM funds.
A CHDO is a non-profit housing organization which has met federal guidelines to manage, own, or
otherwise control a housing activity other than home owner rehabilitation and thereby qualifies for a
portion of the HOME funds designated by federal law as a minimum 15% of the total allocation to the
CONSORTIUM. CHDO designation may be by the COMMISSION or by the Virginia Department of
Housing and Community Development.
Responsibilities of Thomas Jefferson Planninq District
1. The Thomas Jefferson Planning District Commission staff will act in accordance with a contract with
the City of Charlottesville, as LEAD AGENCY, for administration of the program and report progress
to MEMBERS on a quarterly basis.
2. The COMMISSION staff will prepare the regional portion of the annual Consolidated Plan, the
annual report, and other such documents which are, from time to time, required by the MEMBERS or
the federal government. The Annual Report and the Consolidated Plan will be presented to the
MEMBERS at a regular meeting of their governing body. The Consolidated Plan is subject to a public
hearing at the regional level, to be held by the COMMISSION, and may be, at the discretion of the local
governing body, subject to a public hearing at the local level.
Allocation of Funds
1. Funds available annually to the CONSORTIUM, including CDHO funds in the total, under the HOME
Investment Partnership Program will be available on an equal basis to each MEMBER for eighteen (18)
months after funds are made available to the CONSORTIUM by the United States Department of
Housing and Urban Development (HUD);
2. After eighteen months, funds not committed will be made available to any SUBRECIPIENT on a first
come, first served basis or based on a priority system developed by the COMMISSION and agreed to
by all MEMBERS;
3. Each MEMBER unit of local government will, by resolution, name a SUBRECIPIENT to carry out
housing activities outlined in the Consolidated Plan within the locality which are funded with HOME
program funds (as differentiated from HOME CHDO funds). The SUBRECIPIENT will enter into a
contract with the COMMISSION to insure proper implementation and management of the HOME
program and funds.
Contract Period:
1. The term of this Agreement shall cover a period of three (3) years beginning October 1,2001 and
ending September 30, 2004. The terms of this Agreement will be automatically renewed for
participation in successive three-year qualification periods and the LEAD AGENCY will notify each
MEMBER in writing of its right not to participate for the successive three-year qualification period. It is
understood that non-participation by any one MEMBER may have the effect of discontinuing the
CONSORTIUM, and the forfeiture of future federal funding under the HOME Investment Partnership
Program for all MEMBERS. The CONSORTIUM will adopt any amendment to the AGREEMENT
incorporating changes necessary to meet the requirements for cooperation agreements set forth in a
Consortia Qualification Notice applicable for a subsequent three-year consortia qualification period,
and will submit the amendment to HUD as specified in the Consortia Qualification Notice for that
period. Failure to do so will automatically void the automatic renewal of the AGREEMENT;
2. The original AGREEMENT began effective October 1, 1992 and MEMBERS are on the same
program year for the CDBG and HOME programs, which begins July 1 and ends June 30;
3. The contract may be amended to provide for a change in the managing body or the funding formula
or any other component, provided such a request for change is submitted to the COMMISSION at least
ninety (90) days before the beginning of the fiscal year (July 1). The COMMISSION will consider the
request and communicate with each MEMBER regarding the request to develop consensus to the
change requested.
Administrative Capability
The MEMBERS of the CONSORTIUM further assert that there is sufficient authority and administrative
capability to carry out the purposes of the HOME Investment Partnership Program including but not limited to
the following agencies as affirmatively furthering fair housing:
September 19, 2001 (Regular Night Meeting)
(Page 7)
· The Albemarle Housing Improvement Corporation, serving Albemarle County;
· The Charlottesville Redevelopment and Housing Authority, serving the City of Charlottesville;
· The Fluvanna Housing Foundation, serving Fluvanna County;
· The Skyline Community Action Program, serving Greene County;
· The Louisa County Housing Foundation, serving Louisa County;
· The Nelson County Community Development Foundation, serving Nelson County; and
· The Piedmont Housing Alliance, serving all six MEMBERS of the CONSORTIUM.
Attachment A
Consortium Membership for FY 2001
Albemarle County
City of Charlottesville
Fluvanna County
Greene County
Louisa County
Nelson County
Attachment B
Consortium Members Due to Requalify in FY 2001
Albemarle County
City of Charlottesville (Receives CDBG Funds)
Fluvanna County
Greene County
Louisa County
Nelson County
Item No. 5.3. Approve purchase of property from Eric Frost (two acres located on Peters Mountain)
in connection with 800 MHz public safety radio system and authorize County Executive to execute
documents to finalize purchase.
The executive summary states that the Emergency Communications Center (ECC) is in the final
stages of negotiating the acquisition of the 800 MHz Public Safety Radio system. All tower sites have been
acquired by lease or other agreement, with the exception of the Peter's Mt. And Carter's Mt. Sites (the
Carter's Mt. Site is addressed in a separate executive summary). Staff has negotiated a purchase
agreement with the property owner of a 2-acre parcel on Peter's Mt. That has been identified as a suitable
location for the radio communications tower and related equipment at that site. The purchase price is
$90,000 and represents a fair and reasonable price for the property. Va. Code § 15.2-1800 authorizes the
County to purchase the property for this purpose. In acquiring this site, the County is acting at the request
and on behalf of the ECC and its members, including the City of Charlottesville and University of Virginia.
Staff recommends that the Board approve the purchase of the Frost property and authorize the
County Executive to execute the necessary documents to finalize the purchase.
By the above-recorded vote, the Board approved the purchase of property from Eric Frost
(two acres located on Peters Mountain) in connection with 800 MHz public safety radio system and
authorizes County Executive to execute documents to finalize purchase.
(The agreement is as follows:)
AGREEMENT FOR PURCHASE OF REAL ESTATE
THIS AGREEMENT FOR PURCHASE OF REAL ESTATE (the "Agreement") made this __ day
of ,2001 by and between ERIC FROST, in his individual capacity and as CUSTODIAN
for ALISON E. FROST and ELIOT P. FROST under the Virginia Uniform Transfer to Minors Act, as tenants
in common with each owning a one-third (1/3) undivided interest (hereinafter the "Seller") and the COUNTY
OF ALBEMARLE, VIRGINIA (hereinafter the "Buyer").
1. Sale and Description of Property. In consideration of the mutual promises contained herein, Seller
agrees to sell and Buyer agrees to buy certain real estate located in the County of Albemarle, Virginia (the
"Property"), and described as follows:
All that certain lot or parcel of land situated in the Rivanna Magisterial District, north of State Route
640 on Peter's Mountain and on the south side of a trip of land and right of way, 65 feet wide,
September 19, 2001 (Regular Night Meeting)
(Page 8)
containing 2.00 acres, more or less, identified as Albemarle County Tax Map Parcel 50-1 D, more
particularly described as Lot 6 on the plat of survey by Roger W. Ray & Associates, Inc. dated Mary
22, 1998 and recorded in the Clerk's Office of the Circuit Court of the County of Albemarle in Deed
Book 1712, page 662. This conveyance also includes a nonexclusive right of way and right to use
a road across the aforesaid 65' wide strip of land as shown on the aforementioned survey, including
the remaining portion of said road running over the lands of others to State Route 640 as reserved
in a deed dated January 21, 1963, recorded in said Clerk's Office in Deed Book 386, page 142.
Being the same property conveyed to Eric Frost in his individual capacity and as Custodian for
Alison E. Frost and Eliot P. Frost under the Virginia Uniform Transfer to Minors Act, as tenants in
common with each owning a one-third (1/3) undivided interest, by deed of gift of George J.
Grotheer and Selma N. Grotheer, dated August 3, 1999, recorded in the Clerk's Office of the
Circuit Court of the County of Albemarle in Deed Book 1866, page 450.
2. Purchase Price. The purchase price for the Property is Ninety Thousand Dollars ($90,000.00) and
shall be paid by Buyer to Seller by cash, in the form of a certified or local cashier's check, at closing.
3. Conveyance. The Seller agrees to convey the Property by appropriate deed containing general
warranty of title, which title shall be good, marketable and insurable, free and clear of all liens,
indebtedness, encumbrances and tenancies, and subject only to such easements, covenants and
restrictions of record that do not adversely affect marketability and insurability of title, that do not adversely
affect Buyer's intended uses of the Property and that are approved by Buyer prior to closing. In the event
Buyer's attorney finds title to be defective, and should Seller fail to remedy any defect within (sixty) 60 days
of notice thereof to them, Buyer may declare this Agreement null and void, and all funds paid to Seller by
Buyer shall be refunded.
4. Costs and Expenses. Seller shall pay Seller's recording tax applicable to the transfer of the
property to the Buyer, its share of the current real estate taxes and its own attorney's fees. Buyer shall pay
its own attorney's fees, its prorata share of the current year's real estate taxes when due and payable, cost
of title insurance, survey, subdivision and deed preparation and all recording costs (unless exempt) other
than the Seller's deed tax. Except as otherwise agreed herein, all other expenses incurred by Buyer in
connection with this purchase, including without limitation title examination, insurance premiums, recording
costs and fees of Buyer's attorney, shall be borne by Buyer. All taxes, assessments, interest, rent, and
escrow deposits, if any, shall be prorated as of the date of Settlement and paid by Seller. Buyer agrees to
pay any rollback taxation assessed against the Property.
5. Closing. Closing shall take place at the Albemarle County Attorney's Office on or before April 30,
2002 (or earlier if Buyer and Seller agree), or as soon thereafter as title can be examined, and papers
prepared.
6. Right of Entry. Buyer, its employees, representatives, agents and assigns, shall have the right to
enter upon the Property at any time prior to closing for purposes of engineering, surveying, geotechnical
investigation, soil borings and other necessary site investigation, so long as such studies do not result in a
change in the character or topography of the Property. Buyer agrees to assume full responsibility for its
actions or those of its employees, representatives, agents and assigns resulting from such entry, and shall
pay all costs associated with such entry and any services obtained by it in the course of such site
investigation. In addition, to the extent permitted by law, Buyer agrees to indemnify and hold Seller
harmless for all claims, liabilities or damages arising from such entry and any services performed on
Buyer's behalf during the course of such entry.
7. Risk of Loss. All risk of loss or damage to the Property by fire, windstorm, casualty or other causes
are assumed by, and shall be borne by the Seller until closing. In the event of any material loss, destruction
or damage to the Property by reason of fire, windstorm, casualty or other causes prior to closing which
delays closing, Buyer shall have the right to void this Agreement.
8. Condition of Property. Seller warrants that the Property will be in substantially the same condition
at closing as it is at the time of the execution of this Agreement.
9. Construction, Benefit and Effect. This Agreement shall be construed in accordance with the laws
of the Commonwealth of Virginia, shall be binding upon and inure to the benefit of the successors and
assigns of the parties, constitutes the entire Agreement between the parties and may not be modified or
changed except by written instrument executed by all the parties.
10. Agreement Survives Closinq. It is expressly understood and agreed by Buyer and Seller that time
is of the essence of this Agreement, and that all agreements, promises, stipulations and representations
contained herein shall survive closing and shall bind the heirs, executors, administrators, agents,
successors and assigns of the parties hereto.
12. Purchase Contingencies. This Agreement is subject to approval by the Board of Supervisors of the
County of Albemarle, Virginia. In addition, this Agreement is subject to County approval of a special use
permit, approval by the Virginia Department of Historic Resources and approval by the Federal
Communications Commission of a license to operate an 800MHz radio communications tower and related
facilities at the Property. Buyer reserves the right to waive any or all of these contingencies, with the
exception of approval by the Board of Supervisors.
September 19, 2001 (Regular Night Meeting)
(Page 9)
In the event that Buyer is unable to secure any or all of the approvals noted above, Buyer shall
notify Seller in writing and this Agreement shall be deemed cancelled, and of no effect. In the event of
cancellation, Seller shall refund the Purchase Price under section 2 of this Agreement in full within ten (10)
calendar days after receipt of written notice by Buyer.
IN WITNESS WHEREOF, the parties have signed this Agreement as of the day first above written.
Item No. 5.4. Approve purchase of property from Crown Orchard Co., LLP (located on Carter's
Mountain) in connection with 800 MHz public safety radio system and authorize County Executive to
execute Lease Agreement on the County's behalf as fiscal agent of the Emergency Communications
Center.
The executive summary states that the Emergency Communications Center (ECC) is in the final
stages of negotiating the acquisition of the 800 MHz Public Safety Radio system. All tower sites have been
acquired by lease or other agreement, with the exception of the Carter's Mt. And Peter's Mt. Sites (the
Peter's Mt. Site is addressed in a separate executive summary). Staff has negotiated a lease agreement
with the property owner on Carter's Mt. For a parcel that has been identified as a suitable location for the
radio communications tower and related equipment at that site. The lease is for a 10-year initial term
effective October 1,2001, with three 5-year options to renew at the County's option. The rental amount is
$4,500 per month during the first term, with a three-percent annual increase. Va. Code § 15.2-1800
authorizes the County to enter into a lease for this purpose. In acquiring this site, the County is acting at the
request and on behalf of the ECC and its members, including the City of Charlottesville and University of
Virginia.
Staff recommends that the Board approve the lease of the Crown Orchard Co. property and
authorize the County Executive to execute the Lease Agreement on the County's behalf as fiscal agent of
the ECC. A copy of the lease agreement, which is fairly lengthy, is located in the Clerk's office.
By the above shown vote, the Board approved the purchase of property from Crown
Orchard Co., LLP (located on Carter's Mountain) in connection with 800 MHz public safety radio
system and authorized the County Executive to execute Lease Agreement on the County's behalf as
fiscal agent of the Emergency Communications Center.
(The agreement is as follows:)
LEASE AGREEMENT
This Lease Agreement, dated as of July 16, 2001, by and between CROWN ORCHARD CO., L.P.,
L.L.P., a registered limited liability limited partnership ("Landlord") and THE COUNTY OF ALBEMARLE,
VIRGINIA, AS FISCAL AGENT FOR THE CHARLOTTESVILLE-UNIVERSITY OF VIRGINIA-ALBEMARLE
COUNTY EMERGENCY COMMUNICATIONS CENTER ("Tenant").
WITNESETH
That for and in consideration of the mutual promises and covenants set forth herein, the parties
agree as follows:
1. Leased Property/Easement. Landlord hereby leases to Tenant, and Tenant hereby leases
from Landlord, the real property described in Exhibit A attached hereto (the "Leased Property"), and hereby
grants to Tenant during the Lease Term (as hereinafter defined) a nonexclusive easement for purposes of
ingress and egress from the Leased Property to State Route 53 along existing roads, a portion of said roads
being shown on a plat dated September 17, 1985 made by R.O. Snow, C.L.S., captioned "Plat Showing
Existing Road Location Through Parcel 31 Tax Map 77 The Property of Mountaintop Land Trust Located
On Carter's Mountain Albemarle County, Virginia," and recorded in the Clerk's Office of the Circuit Court of
Albemarle, Virginia in Deed Book 853 at Page 662, and on a plat undated made by R.O. Snow, C.L.S.,
captioned "Existing Road Location Through Parcel 31 Tax Map 77", and recorded in the Clerk's Office of
the Circuit Court for the County of Albemarle, Virginia in Deed Book 853 at Page 663. The easement
granted herein shall burden the Landlord's property and shall run with the land.
2. Term. The initial term of this lease shall be ten (10) years, beginning October 1,2001 and
ending September 30,2011 (the "Initial Term"). Tenant shall have the right to renew this Lease for three
successive additional terms of five (5) years each (a "Renewal Term"), upon the giving of not less than
ninety (90) days written notice thereof prior to the expiration of the Initial Term, or the applicable Renewal
Term, as the case may be. Except for Rent (as hereinafter defined) the terms and provisions of the Initial
Term shall be the same as those for any Renewal Term. As used herein, "Term" shall refer to the Initial
Term and any Renewal Term, as required by the context.
3. Rent. Tenant shall pay initial monthly rent of $4,500 (subject to adjustment as hereinafter
provided) due and payable the first day of each calendar month during the Term ("Rent"). If the Term
commences on any day other than the first day of a calendar month, Rent shall be prorated to reflect the
actual number of days of the first month of the Term. On and effective as of each anniversary date of the
Initial Term, Rent shall increase by three percent (3%) over the Rent payable during the preceding year. If
Tenant elects to renew this lease for any Renewal Term, Rent payable during such Renewal
September 19, 2001 (Regular Night Meeting)
(Page 10)
Term(including any annual adjustments) shall be as mutually agreed between Landlord and Tenant. This
Agreement is subject to annual funding of the necessary money to fund this Agreement for succeeding
fiscal years by the Board of Supervisors of the County of Albemarle, Virginia. Should the Board of
Supervisors fail to appropriate necessary funding, the County may delay such payment until funds have
been appropriated or terminate this Agreement, or any unfunded portion of this Agreement, without
incurring any penalty, liability or additional costs whatsoever. The County is not required to make any
payment that is otherwise required by this Agreement if the Board of Supervisors has not appropriated and
made available sufficient funds for such payment. Nothing contained in this Section shall be deemed or
construed to prevent the Landlord from terminating this Lease on account of nonpayment of any amounts
due to Landlord, as provided in Section 18 hereof.
4. Permitted Use. The Leased Property shall be leased solely and exclusively for the
installation, operation, repair, replacement and maintenance of Tenant's 250-foot, self-supporting
communications tower and related equipment in order to provide radio coverage as part of an 800 MHz
public safety radio system (the "Installation") identified in Exhibit B attached hereto and incorporated herein
by reference (the "Permitted Uses"). Tenant shall exercise all reasonable care in maintaining and operating
the Installation. No other uses may be made of the Leased Property without the Landlord's express written
consent. Landlord shall not be responsible for any expense or obligation incurred in the operation,
maintenance and/or replacement of the Installation. Tenant shall at no time allow any person or persons to
enter or go on the Leased Property except for those duly-authorized employees, contractors, agents or
invitees of Tenant whose presence on the Leased Property is reasonably necessary to the Permitted Uses,
nor shall Tenant allow any use or occupancy of the Leased Property or the Installation except under the
terms and conditions stated herein.
5. Removal of Property Upon Expiration or Termination. Upon the expiration or sooner
termination of this Lease agreement, Tenant shall immediately surrender possession of the Leased
Property to Landlord, and may, at its option, within 180 days after such expiration or termination remove
from the Leased Property at its sole expense, the Installation and any other fixtures, equipment or items of
personal property then located on the Leased Property. Any such property not removed from the Leased
Property within said ninety 180 days shall be deemed to have been abandoned by Tenant and shall
thereupon become the sole and exclusive property of Landlord. Notwithstanding the foregoing, Tenant
agrees to remove from the Leased Property at its sole expense upon written demand made by Landlord,
within said 180 day period, the Installation or portions thereof, and/or such other fixtures, equipment or
personal property designated by Landlord. Such removal shall be accomplished within 180 days of the
date on which Landlord gives Tenant the required notice. Landlord agrees to provide Tenant with
reasonable access to the Leased Property for the purpose of compliance by Tenant with this Section.
6. Approval. This lease is made expressly subject to continuing approval from all federal,
state and local agencies having jurisdiction for the location of the Installation on the Leased Property. If
such approval is denied or withdrawn during the Lease Term, then all rights and obligations of the parties
hereto shall cease and this Lease Agreement shall terminate, as of the date of such denial or withdrawal;
provided, however, that in such event Tenant shall not be entitled to a refund of any rents which shall have
previously accrued under this Lease. Tenant agrees to exercise its best efforts to maintain such approval at
all times. This Lease is also contingent upon approval by the Albemarle County Board of Supervisors.
7. Signal Interference. Landlord shall not be liable to Tenant for any loss due to the
disruption, distortion or other interference with any transmission to or from the Installation, from any cause
whatsoever, including but not limited to interference due to the installation, maintenance or operation of any
equipment, towers, antennas or other facilities on the property of Landlord. Tenant's installation must be
installed, operated and maintained so as not to cause interference with any previously installed transmitting
or receiving equipment located on Landlord's property. If Landlord determines that Tenant's installation is
causing such interference, Tenant agrees to take all steps reasonably necessary to correct and eliminate
the interference. If said interference cannot be eliminated within a reasonable period of time, this Lease will
terminate pursuant to Section 5 and Tenant's obligations under the Lease will cease. Landlord covenants
to use its best efforts to provide that all other leases entered into by Landlord respecting the property of the
Landlord shall contain a similar covenant or covenants by tenants for non-interference with transmissions
and signals. However, if other tenants cause interference with Tenant's installation, Tenant may terminate
this Lease pursuant to Section 5 and Tenant's obligations under this Lease will cease.
8. Spray Damage. Landlord shall not be liable to Tenant for any damage to or
malfunctioning of the Installation or any other fixtures, improvements, equipment or personal property of
Tenant located on or in the Leased Property, which is due or may be due to the effects of use or application
by Landlord of agricultural chemicals including but not limited to pesticides and fungicides, in connection
with Landlord's orchard operations.
9. Utilities. Tenant shall pay, at its sole cost and expense, all charges, taxes and other fees
for all light, power, telephone service and all other services and utilities supplied to the Leased Property.
10. Taxes. Landlord shall pay all real estate taxes and assessments levied against or imposed
upon the unimproved portion of the Leased Property, as the same shall become due and payable, and
Tenant shall pay all taxes or assessments levied against or imposed upon the Installation and all other
improvements, equipment, fixtures and any other personal property of Tenant located in or on the Leased
Property, as the same shall become due and payable.
11. Quiet Possession. Upon payment of the rent provided for herein and upon observance and
September 19, 2001 (Regular Night Meeting)
(Page 11)
performance of all of the terms and conditions of this Lease Agreement, Tenant shall have quite
possession of the Leased Property during the Lease Term, subject to any mortgages, deeds of trust, or
other encumbrances which may now or hereafter affect the Leased Property, but pursuant also to Tenant's
rights of nondisturbance hereinafter set forth.
12. Insurance. Tenant shall, at Tenant's sole expense, obtain and keep in force during the
term of this lease a policy of comprehensive public liability insurance insuring Tenant, with Landlord added
as an additional insured, in adequate amounts against liability arising out of the ownership, use, occupancy
or maintenance of the Leased Property. The limits of any such insurance shall not limit the liability of
Tenant hereunder. Tenant may provide this insurance under a blanket policy. If Tenant shall fail to procure
and maintain said insurance, Landlord may, but shall not be required to, procure and maintain same at
Tenant's expense, but in no event for more than the period of non-compliance.
13. Responsibility. Tenant shall be responsible for the conduct of its business an any activity,
work, or other things done, permitted or suffered to be done by Tenant in or about the Leased Property. As
a material part of the consideration to Landlord, Tenant hereby assumes all risk of damage to property or
injury to persons in, upon or about the Leased Property, from any cause other than Landlord's negligence.
Tenant shall give prompt notice to Landlord in case of casualty or accidents in or about the Leased
Property.
14. Liens. Tenant shall keep the Leased Property free from any liens arising out of any work
performed, materials furnished or obligations incurred by or on behalf of Tenant.
15. Assignment and Subleases. Tenant and Landlord acknowledge and agree that:
(a) Tenant shall not, either voluntarily or by operation of law, assign, transfer,
mortgage, pledge, hypothecate or encumber this lease or any interest therein, and shall not sublet the
Leased Property or lease the Installation, or any part thereof, or any right or privilege appurtenant thereto,
for any occupation or use, without first obtaining the written consent of Landlord. A consent to one such
assignment, subletting, occupation or use shall not be deemed to be a consent to any subsequent
assignment, subletting, occupation or use. Consent to any such assignment, subletting, occupation or use
shall in no way relieve Tenant of any liability under this lease. Any such assignment or subletting without
Landlord's consent shall be void, and shall, at the option of the Landlord, constitute a default under the
terms of this Lease;
(b) Landlord is or may be engaged in the business of Leasing other portions of
Landlord's Property (other than the Leased Property) for permitted uses similar to those contemplated in
this Lease Agreement. Landlord shall not therefore, be obligated to consent to any proposed lease,
sublease or assignment of the Leased Property or the Installation, any part thereof or any right or privilege
appurtenant thereto or use or occupancy thereof, which will or may, in the sole and exclusive judgment of
Landlord, result in a use being made of the Leased Property which may be in competition with Landlord.
Tenant further agrees that it shall not be deemed commercially unreasonable for Landlord to withhold
approval of any such proposed lease, sublease or assignment;
(c) In the event that Landlord shall consent to a lease, sublease or assignment
hereunder, Tenant shall pay Landlord a reasonable fee to offset the cost incurred in connection with the
processing of documents necessary to the giving of such consent.
16. Condemnation.
(a) If the whole of the Leased Property shall be taken, or if substantially all of the
Leased Property shall be taken so as to render it unsuitable for Tenant's intended business use, for any
public or any quasi-public use under any statute or by right of eminent domain, or by private purchase in lieu
thereof, then this Lease shall automatically terminate as of the date that title shall be taken. If less than
substantially all of the Leased Property shall be so taken, then Landlord shall at its sole option have the
right to terminate this Lease on thirty days' notice to Tenant, given within ninety days after the date of such
taking. In the event of a partial taking, the rent shall be reduced based upon the extent, if any, to which
such taking interferes with the business carried on by Tenant in the Leased Property. In the event of
termination, the rent shall be adjusted as necessary and Tenant shall have no claim against Landlord for
the value of any unexpired portion of the Lease Term. If a partial taking occurs Tenant shall have the
option to (i) terminate this Lease without further liability to Landlord hereunder, or (ii) require Landlord, at its
own cost, to restore the remaining portion of the Leased Property to the extent necessary to render it
reasonably suitable for Tenant's intended business use, provided the cost of such work shall not exceed the
proceeds of the condemnation award.
(b) All compensation awarded or paid upon a total or partial taking or appropriation of
the Leased Property shall belong to Landlord without any participation by Tenant. However, nothing
contained herein shall be construed to precluded Tenant from prosecuting any claim directly against the
condemning authority in such condemnation proceedings for loss of business, or depreciation to, damage
to, or costs of removal of, the installation or other personal property belonging to Tenant; provided,
however, that no such claim shall diminish or otherwise adversely affect Landlord's award.
17. Obligations of Tenant. The obligation of the Tenant to make the payments under this
Lease to the Landlord and to make, observe and perform all other payments, covenants, conditions and
agreements hereunder shall be absolute and unconditional, irrespective of any rights of setoff, recoupment
September 19, 2001 (Regular Night Meeting)
(Page 12)
or counterclaim Tenant might otherwise have against Landlord.
18.
Default by Tenant. The occurrence of any one or more of the following events shall
constitute a default and breach of this Lease by Tenant.
A. The Abandonment (as hereinafter defined) of the Leased Property by Tenant. For
purposes of this Lease, "Abandonment" shall mean Tenant's intentionally turning down of the Installation
for thirty (30) or more consecutive days.
B. The failure by Tenant to make any payment of rent or any other payment required
to be made by Tenant hereunder, as and when due, where such failure shall continue for a period of thirty
(30) days after written notice thereof by Landlord to Tenant.
C. The failure by Tenant to observe or perform any of the covenants, conditions or
provisions of this Lease to be observed or performed by Tenant (other than described in Subsection B,
above), where such failure shall continue for a period of thirty (30) days after written notice thereof by
Landlord to Tenant; provided, however, that if the nature of Tenant's default is such that more than thirty
(30) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant
commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to
completion. The failure to diligently prosecute such cure to completion shall constitute a separate event of
default not subject to cure.
D. The making by Tenant of any general assignment or general arrangement for the
benefit of creditors; or the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt, or a
petition or reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a
petition filed against Tenant, the same is dismissed within sixty (60) days); or the appointment of a trustee or
a receiver to take possession of substantially all of Tenant's assets located at the Leased Property or of
Tenant's interest in this Lease, where possession is not restored to Tenant within thirty (30) days; or the
attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Leased
Property or of Tenant's interest in this Lease, where such seizure is not discharged in thirty (30) days.
19. Landlord Remedies. In the event of any such default or breach by Tenant, Landlord may
at any time thereafter, in its sole discretion, with or without notice or demand and without limiting Landlord in
the exercise of a right or remedy which Landlord may have by reason of such default or breach:
A. Terminate this Lease and terminate Tenant's right to possession of the Leased
Property by any lawful means, in either or which case Tenant shall immediately surrender possession of the
Leased Property to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages
incurred by Landlord by reason of Tenant's default including, but not limited to, the cost of recovering
possession of the Leased Property; expenses of relating, including necessary renovation and alteration of
the Leased Property; reasonable attorneys' fees; unpaid rent and other charges called for herein for the
balance of the Lease Term. Unpaid installments of rent or other sums shall bear interest from the date due
at the rate then allowed on judgments for damages in Virginia plus 5%.
B. Maintain Tenant's right to possession, in which case this Lease shall continue in
effect whether or not Tenant shall have abandoned the Leased Property. In such event Landlord shall be
entitled to enforce all of Landlord's rights and remedies, under this Lease, including the right to recover the
rent and any other charges as may become due hereunder; provided, however, this provision shall not be
construed to relieve Landlord of its duty to mitigate its damages.
C. Pursue any other remedy now or hereafter available to Landlord under the laws or
judicial decisions of the State of Virginia.
D. Tenant hereby covenants and agrees that if, at any time, Tenant is adjudged
bankrupt or insolvent under the laws of any state, or makes a general assignment for the benefit of
creditors, or, if a receiver for all the property of the Tenant is appointed and shall not be discharged within
sixty (60) days after such appointment, the Landlord may, at its option, declare the term of this Lease at an
end and shall forthwith be entitled to immediate possession of said premises and proceed with other
remedies available to Landlord at law or in equity including those set forth in this section and in other parts
of this Lease. In the event the Tenant files any bankruptcy proceeding, or any bankruptcy proceeding is
filed against the Tenant under the laws of the United States, the Tenant shall elect (and shall make every
reasonable effort to cause the Trustee to elect) within ten (10) days of the entry of the Order for Relief
whether to accept or reject the terms of this Lease and perform the same.
20. Default by Landlord. Landlord shall not be in default unless Landlord fails to perform
obligations required of Landlord within a reasonable time, but in no event later than thirty (30) days after
written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the
Leased Property whose name and address shall have theretofore been furnished to Tenant in writing,
specifying wherein Landlord has failed to perform such obligation; provided, however, that if the nature of
Landlord's obligation is such that more than thirty (30) days are required for the performance then Landlord
shall not be in default if Landlord commences performance within such thirty (30) day period and thereafter
diligently prosecutes the same to completion. In no event shall Tenant have the right to terminate this lease
as a result of Landlord's default and Tenant's remedies shall be limited to damages and/or an injunction. If
repairs to be performed by the Landlord are not performed within sixty (60) days after receipt of written
notice, or if the nature of such repairs would require more than sixty (60) days and Landlord fails to
September 19, 2001 (Regular Night Meeting)
(Page 13)
commence and diligently prosecute the same to completion, Tenant may make such repairs and bill
Landlord for the cost thereof; provided, however, Tenant shall not withhold rent to collect these expenses.
21. General Provisions.
(a)
are a part hereof.
Plats and Riders. Clauses, plats, riders and addenda, if any, affixed to this Lease
(b) Waivers. The waiver by either party of any term, covenant or condition herein
contained 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 herein contained. The subsequent
acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding default by
Tenant of any term, covenant or condition of this Lease, other than the failure of the Tenant to pay the
particular rental so accepted, regardless of Landlord's knowledge of such preceding default at the time of
the acceptance of such rent. No waiver by either party shall be deemed to have been made unless stated
in writing and signed by the Landlord.
(c) Headin.qs. The headings to the sections of this Lease are not a part of the Lease
and shall have no effect upon the construction or interpretation of any part hereof.
(d) Time. Time is of the essence of this Lease and each and all of its provisions in
which performance is a factor.
(e) Successors and Assi.qns. The covenants and conditions herein contained, subject
to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and
assigns of the parties hereto.
(f) Late Charges. Tenant acknowledges that late payments by Tenant to Landlord of
rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the
exact amount of which cannot be ascertained in advance. Such costs include, but are not limited to,
processing and accounting charges, and late charges which may be imposed upon Landlord by terms of
any mortgage or trust deed covering the premises. Accordingly, if any installment of rent or any sum due
from Tenant shall not be received by Landlord or Landlord's designee within seven (7) days after its due
date, then Tenant shall pay to Landlord a late charge equal to five (5) percent of such overdue amount,
plus any attorneys' fees incurred by Landlord by reason of Tenant's failure to pay rent and/or other charges
when due hereunder. The parties hereby agree that such late charges represent a fair and reasonable
estimate of the cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such
late charges by the Landlord shall in no event constitute a waiver or Tenant's default with respect to such
overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted
hereunder.
(g) Entire Agreement and Prior Aqreements. This Lease contains all of the
agreements of the parties hereto with respect to any matter covered or mentioned in this Lease and no prior
agreements or understanding pertaining to any such matters shall be effective for any purpose.
(h) Amendment. No provision of this Lease may be amended or added to except by
an agreement in writing signed by the parties hereto or their respective successors in interest.
(i) Partial Invalidity. Any provision of this Lease which shall prove to be invalid, void,
or illegal shall in no way affect, impair or invalidate any other provision hereof and such other provisions
shall remain in full force and effect.
(j) Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, whenever possible, be cumulative with all other remedies at law or in equity.
(k) Choice of Law. This Lease shall be governed by the laws of the State of Virginia.
(I) Attorney's Fees. In the event of any action or proceeding brought by either party
against the other under this Lease each party shall be responsible for the payment of its own legal fees and
costs.
(m) Sale of Leased Property by Landlord. In the event of any sale of the Leased
Property by Landlord, Landlord shall be and is hereby entirely freed and relieved of all liability under any
and all of its covenants and obligations contained in or derived from this Lease arising out of any act,
occurrence or omission occurring after the consummation of such sale; and the purchaser, at such sale or
any subsequent sale of the Leased Property shall be deemed, without any further agreement between the
parties or their successors in interest or between the parties and any such purchaser, to have assumed and
agreed to carry out any and all of the covenants and obligations of the Landlord under this Lease.
(n) Subordination and Attornment. Upon request of the Landlord, Tenant will in writing
subordinate its rights hereunder to the lien of any mortgage or deed of trust to any bank, insurance
company or other lending institution, now or hereafter in force against the Leased Property; provided,
however, that the rights of Tenant under this Lease are recognized pursuant to an appropriate non-
disturbance agreement. In the event any proceedings are brought for foreclosure, or in the event of the
exercise of the power of sale under any mortgage or deed of trust made by the Landlord covering the
September 19, 2001 (Regular Night Meeting)
(Page 14)
Leased Property, the Tenant shall attorn to the purchaser upon any such foreclosure or sale and recognize
such purchaser as the Landlord under this Lease.
(o) Notices. All notices and demands which may or are to be required or permitted to
be given by either party on the other hereunder shall be in writing. All notices and demands by the Landlord
to the Tenant or by the Tenant to the Landlord shall be hand delivered or sent by certified mail or registered
mail with a return receipt, postage prepaid, addressed to the Tenant at the address hereinbelow or to such
other place as Tenant may from time to time designate in a notice to the Landlord.
To Landlord at:
P.O. Box 299
Batesville, Virginia 22924
with a copy (which shall not constitute notice) to:Robert W. Jackson
Michie, Hamlett, Lowry, Rasmussen & Tweel, P.C.
500 Court Square Suite 300
Charlottesville, VA 22902
To the Tenant at:
401 Mclntire Road
Charlottesville, VA 22902
Attention: Robert W. Tucker, County Executive
with a copy (which shall not constitute notice) to:
Tom Hanson, Director
Emergency Communications Center
2306 Ivy Road
Charlottesville, VA 22903
Where notice is made by mailing, it shall be deemed to have been given upon deposit in any United States
Postal Service mail box or post office.
(p) Authority. Each individual executing this Lease on behalf of Tenant represents
and warrants that he is duly authorized to execute and deliver this Lease on behalf of Tenant, and that this
Lease is binding upon Tenant. By duly-recorded vote of the Board of Supervisors of the County of
Albemarle, the County Executive has been authorized to execute this Lease Agreement.
(q) Construction and Gender. All terms used in any one number or gender shall be
construed to include any other number or gender as the context may require.
(r) Further Assurances. Each of the parties at any time and from time to time after
the execution and delivery of this Lease shall execute and deliver such further documents and shall do such
further acts and things as may be required to effect the purpose and terms of this Lease.
(s) Environmental Matters. Landlord represents and warrants to Tenant, to the best of
Landlord's knowledge and belief and without independent investigation that, as of the date of this Lease, the
Leased Property does not contain in violation of any applicable federal, state and local environmental laws,
regulations, rules and orders (the "Environmental Laws") (i) any "Hazardous Wastes" (defined all waste
materials subject to regulation under the Comprehensive Environmental Response, Compensation, and
Liability Act, 42 U.S.C. §§9601, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. §§6901, et
seq., or applicable state law and any other applicable federal, state or local laws and their regulation now in
force relating to hazardous waste disposal); or (ii) any Toxic Substances (defined as all materials which are
subject to regulation under the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq., applicable state
law, or any other applicable federal, state or local laws now in force relating to toxic substances). Tenant
covenants that Tenant's use and occupation of the Installation shall not result in the presence of any
Hazardous Wastes or Toxic Substances in or on the Leased Property in violation of any Environmental law,
and that Tenant shall immediately notify and advise landlord of (i) any and all enforcement, cleanup,
removal, investigation or other governmental or regulatory actions instituted or threatened against the
Leased Property with respect to any Environmental Law, and, (ii) any and all claims made or threatened by
any third person against Landlord, Tenant or the Leased Property relating to any Environmental Law
applicable to the Leased Property or to injury to any person or property because of a Hazardous Waste or
Toxic Substance on or from the Leased Property.
(t) Recording of Memorandum of Lease. Landlord and Tenant agree that this Lease
Agreement shall not be recorded; provided, however, that, upon the request of either party, a memorandum
of lease will be executed and recorded in the Clerk's Office for the Circuit Court of Albemarle County. All
costs of recordation shall be borne by the requesting party.
IN WITNESS WHEREOF, Landlord and Tenant have caused this Lease Agreement to be executed
by their respective duly-authorized representatives as of the date first above written.
EXHIBIT A
September 19, 2001 (Regular Night Meeting)
(Page 15)
DESCRIPTION OF LEASED PROPERTY
(Two maps on file in the Clerk's office.)
EXHIBIT B
THE INSTALLATION
Tenant's 250-foot, self-supporting communications tower and related equipment in order to provide
radio coverage as part of an 800 Mhz public safety radio system, and more particularly described as:
1. One 250-foot self-supporting lattice tower, 10' ice-bridge, dull galvanized metal finish and color,
with tower grounding system and lighting.
2. One 12'x 26'x 10'-5" pre-cast concrete communications equipment and power shelter, exposed
aggregate finish, brown in color to accommodate all required electronic components of the
communications tower facility installed on concrete foundation.
3. One LPG Generator 75KW installed on concrete pad; and,
4. One 1,000 gallon propane fuel tank installed on concrete pad
This communications facility (60' x 70') will be enclosed and secured by use of an 8' high chain
length fence and locked gates with three strands of barbed wire.
Item No. 5.5. SP-2001-17. Merrie Meadows (defer until October 10, 2001).
On August 15, 2001, the Board of Supervisors deferred SP-01-17 Merrie Meadows, until
September 5, 2001. The Board directed staff to provide additional information regarding issues discussed
at the meeting concerning driveway visibility, fire, noise, the camp (SP-85-35) status, and the septic system.
Subsequently, the Board again deferred this matter until September 19, 2001.
In order for staff to understand the camp and its relationship to the church, the applicant was
requested to provide additional information by September 4, 2001. On September 12, 2001, the applicant
responded to a second request to provide the information by submitting several informational brochures
and a statement regarding the church beliefs and meetings. The review of this information could not be
completed for presentation to the Board on September 19. Therefore, staff is requesting that SP-01-17 be
deferred until October 10, 2001.
By the above shown vote, the Board deferred SP-2001-17, Merrie Meadows, until
October 10, 2001.
Item No. 5.6. Copy of letter dated September 10, 2001 to Mr. Steven W. Blaine, LeClair Ryan,
from Mr. John Shepherd, Manager of Zoning Administration, re: OFFICIAL DETERMINATION OF
DEVELOPMENT RIGHTS AND PARCELS - Tax Map 74, Parcel 17B and Tax Map 58, Parcels 91 and 100
(property of Ivy Creek Farm and Ivy Point Farm) Section 10.3.1, was accepted for information.
Mr. Perkins asked whether the County charges for this service. Mr. Cilimberg replied, "Yes."
Agenda Item No. 6. Public hearing on the proposed issuance of school bonds of Albemarle
County in the estimated principal amount not to exceed $20,330,000. The purpose of the proposed bonds
is to finance capital projects for public schools, advertised in the Daily Progress on September 5 and 12,
2001.
Mr. Tucker said the FY 2001/02 Capital Improvement Budget was approved with the intent to issue
approximately $20,330,000 in bonds through the Virginia Public School Authority for the following projects:
Brownsville Elementary Addition, Burley Middle School Additions/Renovations, Jack Jouett Middle School
Addition/Renovation, Northern Area Elementary, Southern Urban Elementary, and Maintenance Projects.
Resolutions authorizing the application to VPSA were approved by the School Board on August
9, 2001, and by the Board of Supervisors on August 15, 2001. The resolution references the Bond Sale
Agreement, projected payment schedule, and the Proceeds Agreement. These documents, provided by
VPSA's bond counsel, are available for review. In order to proceed with this process, a public hearing is
scheduled for this evening.
Following the public hearing, staff recommends approval of the resolution to proceed with this
project and to meet the bond issuance guidelines. The other two documents need to be approved as to
form and will be completed during the actual bond sale process.
Ms. Thomas opened the public hearing. With no one from the public present to speak,
Thomas then closed the hearing.
Ms.
Mr. Perkins offered the motion, seconded by Mr. Dorrier, to adopt the following resolution
approving the proposed issuance of school bonds of Albemarle County in the estimated principal amount
September 19, 2001 (Regular Night Meeting)
(Page 16)
not to exceed $20,330,000. The purpose of the proposed bonds is to finance capital projects for public
schools. Roll was called and the motion passed by the following recorded vote:
AYES:
NAYS:
ABSENT:
Ms. Humphris, Mr. Perkins, Ms. Thomas, and Mr. Dorrier.
None.
Mr. Martin and Mr. Bowerman.
RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$20,330,000 GENERAL OBLIGATION SCHOOL BONDS,
SERIES 2001A, OF THE COUNTY OF ALBEMARLE, VIRGINIA,
TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY
AND PROVIDING FOR THE FORM AND DETAILS THEREOF.
WHEREAS, the Board of Supervisors (the "Board") of the County of Albemarle, Virginia (the
"County"), has determined that it is necessary and expedient to borrow an amount not to exceed
$20,330,000 and to issue its general obligation school bonds for the purpose of financing certain projects
for school purposes (the "Project");
WHEREAS, the County held a public hearing, duly noticed, on September 19, 2001, on the
issuance of the Bonds (as hereinafter defined) in accordance with the requirements of Section 15.2-2606,
Code of Virginia 1950, as amended; and
WHEREAS, the School Board has, by resolution, requested the Board to authorize the issuance of
the Bonds and consented to the issuance of the Bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY
OF ALBEMARLE, VIRGINIA:
1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is
advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal
amount not to exceed $20,330,000 (the "Bonds") to finance the Project. The Board hereby authorizes the
issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution.
2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the
offer of the Virginia Public School Authority (the "VPSA") to purchase from the County, and to sell to the
VPSA, the Bonds at a price, determined by the VPSA to be fair and accepted by the County Executive, that
is not less than 98% of par and not more than 103% of par upon the terms established pursuant to this
Resolution. The County Executive and such officer or officers of the County as the County Executive may
designate are hereby authorized and directed to enter into a Bond Sale Agreement dated as of October 9,
2001, with the VPSA providing for the sale of the Bonds to the VPSA in substantially the form submitted to
the Board at this meeting, which form is hereby approved (the "Bond Sale Agreement").
3. Details of the Bonds. The Bonds shall be dated the date of issuance and delivery of the
Bonds; shall be designated "General Obligation School Bonds, Series 2001A"; shall bear interest from the
date of delivery thereof payable semi-annually on each January 15 and July 15 beginning July 15, 2002
(each an "Interest Payment Date"), at the rates established in accordance with Section 4 of this Resolution;
and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts set forth on
Schedule I attached hereto (the "Principal Installments"), subject to the provisions of Section 4 of this
Resolution.
4. Interest Rates and Principal Installments. The County Executive is hereby authorized
and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest
rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for
the corresponding principal payment date of the bonds to be issued by the VPSA (the "VPSA Bonds"), a
portion of the proceeds of which will be used to purchase the Bonds, and provided further that the true
interest cost of the Bonds does not exceed six and sixty one-hundredths percent (6.60%) per annum. The
Interest Payment Dates and the Principal Installments are subject to change at the request of the VPSA.
The County Executive is hereby authorized and directed to accept changes in the Interest Payment Dates
and the Principal Installments at the request of the VPSA, provided that the aggregate principal amount of
the Bonds shall not exceed the amount authorized by this Resolution and provided further that the final
Principal Installment is not later than 25 years from the date of issue. The execution and delivery of the
Bonds as described in Section $ hereof shall conclusively evidence such interest rates established by the
VPSA and Interest Payment Dates and the Principal Installments requested by the VPSA as having been so
accepted as authorized by this Resolution.
5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary
typewritten bond substantially in the form attached hereto as Exhibit A.
Bonds:
Payment; Payin,q A,qent and Bond Re,qistrar. The following provisions shall apply to the
(a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal,
premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at, or
September 19, 2001 (Regular Night Meeting)
(Page 17)
before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for
prepayment or redemption, or if such date is not a business day for Virginia banks or for the
Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest
Payment Date, Principal Payment Date or date fixed for prepayment or redemption.
(b) All overdue payments of principal and, to the extent permitted by law, interest shall bear
interest at the applicable interest rate or rates on the Bonds.
(c) SunTrust Bank, Richmond, Virginia, is designated as bond registrar and paying agent (the
"Bond Registrar") for the Bonds. The County may, in its sole discretion, replace at any time the Bond
Registrar with another qualified bank or trust company as successor Bond Registrar.
7. Prepayment or Redemption. The Principal Installments of the Bonds held by the VPSA
coming due on or before July 15,2011, and the definitive Bonds for which the Bonds held by the VPSA may
be exchanged that mature on or before July 15,2011, are not subject to prepayment or redemption prior to
their stated maturities. The Principal Installments of the Bonds held by the VPSA coming due after July 15,
2011, and the definitive bonds for which the Bonds held by the VPSA may be exchanged that mature after
July 15,2011, are subject to prepayment or redemption at the option of the County prior to their stated
maturities in whole or in part, on any date on or after July 15,2011, upon payment of the prepayment or
redemption prices (expressed as percentages of Principal Installments to be prepaid or the principal
amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment
or redemption:
Dates Prices
July 15,2011, through July 14, 2012
July 15, 2012, through July 14, 2013
July 15,2013, and thereafter
102%
101
100
Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their
stated maturities as described above without first obtaining the written consent of the registered owner of
the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the
registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the
date fixed for prepayment or redemption.
8. Execution of the Bonds. The Chairman or Vice Chairman, either of whom may act, and
the Clerk or any Deputy Clerk, any of whom may act, are authorized and directed to execute and deliver the
Bonds and to affix the seal of the County thereto.
9. Pledqe of Full Faith and Credit. For the prompt payment of the principal of and
premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the
County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there
shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in
the County subject to local taxation sufficient in amount to provide for the payment of the principal of and
premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become
due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to
be levied in the County to the extent other funds of the County are not lawfully available and appropriated
for such purpose.
10. Use of Proceeds Certificate and Certificate as to Arbitraqe. The Chairman of the
Board, the County Executive and such officer or officers of the County as either may designate, any of
whom may act, are hereby authorized and directed to execute a Certificate as to Arbitrage and a Use of
Proceeds Certificate each setting forth the expected use and investment of the proceeds of the Bonds and
containing such covenants as may be necessary in order to show compliance with the provisions of the
Internal Revenue Code of 1956, as amended (the "Code"), and applicable regulations relating to the
exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on
behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and
expended as set forth in such Certificate as to Arbitrage and such Use of Proceeds Certificate and that the
County shall comply with the other covenants and representations contained therein and (ii) the County
shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will
remain excludable from gross income for Federal income tax purposes.
11. State Non-Arbitraqe Pro,qram; Proceeds Aqreement. The Board hereby determines
that it is in the best interests of the County to authorize and direct the County Director of Finance to
participate in the State Non-Arbitrage Program in connection with the Bonds. The Chairman of the Board,
the County Executive and such officer or officers of the County as either may designate, any of whom may
act, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the
deposit and investment of proceeds of the Bonds by and among the County, the other participants in the
sale of the VPSA Bonds, the VPSA, the investment manager and the depository, substantially in the form
submitted to the Board at this meeting, which form is hereby approved.
12. Continuinq Disclosure Aqreement. The Chairman of the Board, the County Executive
and such officer or officers of the County as either may designate, any of whom may act, are hereby
authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the
September 19, 2001 (Regular Night Meeting)
(Page 18)
Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such
covenants as may be necessary in order to show compliance with the provisions of the Securities and
Exchange Commission Rule 15c2-12 and directed to make all filings required by Section 3 of the Bond
Sale Agreement should the County be determined by the VPSA to be a MOP (as defined in the Continuing
Disclosure Agreement).
13. Filinq of Resolution. The appropriate officers or agents of the County are hereby
authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the
County.
14. Further Actions. The members ofthe Board and all officers, employees and agents of
the County are hereby authorized to take such action as they or any one of them may consider necessary
or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is
hereby ratified and confirmed.
15. Effective Date. This Resolution shall take effect immediately.
Agenda Item No. 7. Update on Visitors Assistance Center.
Ms. Lee Catlin, Community Relations Manager, provided an update on the Visitors Assistance
Center. She said approximately 75 persons are assisted by Ms. Loretha Dixon at the Center every day, and
that public feedback has been very favorable. She added that once the Visitors Assistance Center is
relocated to the former Social Services Department area, there will be space available to add brochures
and other literature, since the center has become an informal tourist information center.
Agenda Item No. 8. Approval of Minutes: March 21 (A), April 25 and July 11,2001.
Ms. Thomas she read the minutes of March 21,2001, and gave the Clerk one minute book
correction. On page 14, Ms. Thomas made the following correction: "Mr. Martin said 60 p~rc~nt ofth~ n~w
amount of one-time moneys available after the changes made today is $1.417 million. Sixty percent of that
number is $857.756. Then, if the $123,000 just deducted from the Sheriff and Zoning is added, that makes
a total of $980,756."
Ms. Humphris moved to approve the minutes of March 21,2001, as amended. Mr. Perkins
seconded the motion. Roll was called and the motion passed by the following recorded vote:
AYES:
NAYS:
ABSENT:
Ms. Humphris, Mr. Perkins, Ms. Thomas, and Mr. Dorrier.
None.
Mr. Martin and Mr. Bowerman.
Agenda Item No. 9. From the Board: Matters Not Listed on the Agenda.
Mr. Tucker asked that the Board appoint Ms. Kimberly Suyes as Director of Human Resources,
effective October 1,2001.
Ms. Humphris moved to appoint Ms. Kimberly Suyes as Director of Human Resources, effective
October 1,2001. Mr. Perkins seconded the motion. Roll was called and the motion passed by the
following recorded vote:
AYES:
NAYS:
ABSENT:
Ms. Humphris, Mr. Perkins, Ms. Thomas, and Mr. Dorrier.
None.
Mr. Martin and Mr. Bowerman.
Mr. Perkins said he had received a letter praising the efforts of the Police Department during a
recent domestic situation. Mr. Tucker said he would provide copies to the other Board members.
Mr. Perkins advised the Board that residents of Turnpike Road are concerned about dangerous
conditions on that road, and suggested that improvements be made.
Ms. Thomas said a resident is concerned about conditions on Fortune Lane leading to the Keene
Landfill. She asked whether this road is in the Six Year Road Plan. Mr. Dorrier added that the road has
drainage problems, and that he had visited the area with Mr. Jim Bryan, VDOT Resident Engineer. Mr.
Tucker said he will follow up with VDOT.
Mr. Perkins asked about the County's bond rating status in anticipation of the court expansion
project. Mr. Tucker responded that the Board and Council received an update on the Court Square project
September 19, 2001 (Regular Night Meeting)
(Page 19)
and appointed a committee, which includes Mr. Charles Martin, Ms. Roxanne White, and him, to pare down
the project. The committee is close to bringing a recommendation to the Board. He added that a bond
referendum may not be necessary, due to changes made to the original plan. Mr. Perkins said if a bond
referendum is necessary, it stands a better chance of passing if educational items are included. Mr.
Tucker noted that going to a bond referendum would be very costly.
Mr. Dorrier said City Council is meeting tomorrow to discuss bus transit priorities, and that Council
wants to know what the County's priorities are. Mr. Tucker said it would be premature to respond at this
time. Ms. Thomas added that the Board has already seen the consultant's recommendations, and that
Council will see them at tomorrow's meeting.
Ms. Humphris mentioned that the Board had received letters from residents concerned about the
potential Chimney Rock Farm subdivision. Ms. Thomas said the road in question was supposed to be a
farm road, but now the area is turning into a subdivision. Ms. Thomas expressed a concern about farm
non-standard farm roads being converted into subdivision roads. Mr. Davis said the Board has looked at
similar situations in the past. If roads are not built to VDOT design standards, the Board does have to
approve the subdivision unless the roads are upgraded to state standards. Mr. Perkins noted that the
owner has built a bridge. The plans must have gone through the Corps of Engineers, and the State's "dam
person" is scheduled to inspect the area sometime in the future.
Ms. Thomas asked about vacancies on the Historic Preservation Committee. Ms. Bentley, Deputy
Clerk, said the Board has received nearly 30 applications in response to a recent advertisement.
Ms. Thomas asked how Mr. Brian Carlson's position on the Workforce Investment Act Board
should be handled. The consensus was to have Ms. Thomas ask Mr. Carlson to recommend someone.
Agenda Item No. 10. Adjourn to 7:00 p.m., September 27, 2001, for Joint Meeting with
Charlottesville City Council at Monticello High School, re: Water Supply Alternatives.
At 8:50 p.m., with no further business to come before the Board, Ms. Humphris offered the motion,
seconded by Mr. Perkins, to adjourn to 7:00 p.m., September 27, 2001, for a Joint Meeting with
Charlottesville City Council at Monticello High School, re: Water Supply Alternatives. Roll was called and
the motion passed by the following recorded vote:
AYES:
NAYS:
ABSENT:
Ms. Humphris, Mr. Perkins, Ms. Thomas, and Mr. Dorrier.
None.
Mr. Martin and Mr. Bowerman.
Chairman
Approved by Board
Date 12/5/01
Initials lab