HomeMy WebLinkAbout1999-10-06 ACTIONS
Board of Supervisors Meeting of October 6, 1999
October 18, 1~999
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to order. Meeting was called to order at 9:00 a.m., by the
Vice-Chairman. All DOS members present
(Mr. Martin arrived late.)
4. Others Matters Not Listed on the Agenda from the Public.
(There were none.)
5.1 Ordinance to amend & reenact Chapter 3, Agricultural &
Forestal Districts, of The Code of The County of Albemarle,
Virginia, §3-209, Addition to Buck Mountain Agricultural/
Forestal District; §3-211, Review of Chalk Mountain
Agricultural/Forestal District; §3-221, Lanark
A,qricultural/Forestal District; §3-226, Review of Sugar Hollow
Agricultural/Forestal District; Creation of the Nortonsville Local
A,qricultural/Forestal District; & Creation of the South Garden
Agricultural/Forestal District. ADOPTED ORDINANCE.
5.2 Reappropriations: Various Funds, $11,773,078.90 (Forms
#98083 98084, 99026, 99027, 99028 99029, 99030, 99031,
99032, 99033, 99034, 99035). APPROVED
REAPPROPRIATIONS,
5.3 Appropriation: School Resource Officer Grant 00-A3377,
$45,786 (Form #99025). APPROVED APPROPRIATION.
5.4 Appropriation: Emergency Communications Center, $194,274
(Form #99036). APPROVED APPROPRIATION.
to ost~bllsh cmounts of liconso f~s for motor
(Moved to Item 11a on the regular agenda).
5.6 Set public hearing to amend Section 15-1101 of the County
Code to establish exemptions of certain personal property from
taxation. SET PUBLIC HEARING for 11/3/99.
5.7 Adopt amended resolution to accept West Leigh Drive in West
Leigh Subdivision into the State Secondary System of
Highways. ADOPTED RESOLUTION, (Ms. Thomas
abstained.)
5.8 Adopt resolution supporting RailWatch. REFERRED to
Planning for information.
5.9 Authorize Chairman to sign Service Agreement with Scottsville
Volunteer Fire Department to provide hazmat service to
designated areas within Albemarle County. AUTHORIZED
County Executive to sign Service Agreement.
5.10 FY 2000/2001 Operating Budget Citizen Participation
Initiatives. APPROVED staff recommendation to continue with
strategies developed last year & implement recommendations
suggested in executive summary.
5.13 Letter dated September 21, 1999, from Gerald W. Hyland,
Chairman, Resolutions Committee, Virginia Association of
Counties, re: draft of VACo's 2000 legislative program and
policy statements. (Ms. Humphris said residents of the rural
areas might not wish to allow linking trailers. She also asked
how triple trailers will affect the network of roads that will be
developed.)
Clerk: Send original to Planning (see attachment
A).
Budget Manager: Distribute information to
department heads.
Clerk: Include in appropriations letter to
Melvin Breeden and copy appropriate persons.
Clerk: Include in appropriations letter to
Melvin Breeden and copy appropriate persons.
Clerk: Advertise public hearing for 11/3/99, 10:15
a.m.
Clerk: Send original Resolution (see attachment B)
and VDOT addition form to Glen Brooks.
Planninq Staff: Check to see what VDRT'S opinion
is of the resolution.
Clerk: Forward signed original to Fire & Rescue
and copy to County Attorney's office (see
attachment C).
Budget Mana,qer: Implement recommendations.
County Executive Staff: Research Ms. Humphris'.s
questions and report findings to the Board.
7. Transportation Matters
a. Resolution to Support Airport Road (Route 649) Improvements.
ADOPTED RESOLUTION.
b. Other Transportation Matters:
· Bill Mills, from VDOT, said he would send Ms. Thomas an
email regarding the Be,air intersection.
· Ms. Thomas said citizens are concerned about trees being cut
down on Wyant Lane. Mr. Tucker suggested that in the future
VDOT provided computer-generated images of what the public
can expect.
· Ms. Thomas asked why the name of the Visitors' Center was
changed to the Monticello Visitor Center.
· Mr. Perkins asked about the progress between VDOT and
landowners on the 240~250 connection. Mr. Tucker said
Planning staff is meeting with VDOT and then the landowners.
Clerk: Forward signed original to Brian Elliot (see
attachment D).
Clerk: Include all items in VDOT letter.
County...Executive: Will look into the name change.
8. JAUNT Annual Report. Donna Shaunnesey PRESENTED None.
report.
9. Presentation: Public Safety. John Miller PRESENTED report. None.
10. School Board Report. PRESENTATION was made by
J. Baker. Comments from the Board:
· Mr. Marshall said he is concerned about the number of None.
students on the Free Lunch Program.
11. Public hearing on the proposed issuance of school bonds of
Albemarle County in the estimated maximum principal amount of
$2,835,000. The purpose of the proposed bonds is to finance
capital projects for public schools. ADOPTED RESOLUTION.
1 la. Request to set a public hearing to amend Section 9-404 of the
County Code to establish amounts of license fees for motor
vehicles. SET PUBLIC HEARING for 11/10/99.
12. Presentation: Proposed Historic Preservation Plan and
Ordinance. Jim Eddins and Mary Joy Scala PRESENTED
report. Board ADOPTED RESOLUTION OF INTENT to amend
the Comprehensive Plan for the Historic Preservation Plan, and
to FORWARD the Historic Preservation Ordinance to the
Planning Commission for its recommendation.
13. Work Session: Request to set public hearing to amend the
service area boundaries of the Albemarle County Service
Authority to provide water service to property described as TM
73A, Secs 1-7, Peacock Hill Subdivision. DEFERRED this item
until Mr. Hirschman and the landowners bring additional
information to the Board.
14. 11:30 a.m. - Recess and Reconvene in Room 235 -Work
Session: Route 29 Plans. Jimmy Mills PRESENTED a
slideshow and there was discussion by the Board.
15. Voting Credentials for the Annual Business Meeting of the
Virginia Association of Counties. AUTHORIZED Charlotte
Humphris as primary, and David Bowerman, as alternate voting
representative.
Clerk: Send signed original to Brenda Dickerson
(see attachment E).
Clerk: Advertise public hearing for 11/10/99.
Clerk: Send original signed resolution to Planning
(after getting from Attorney). Send proposed
ordinance to Planning.
Water Resources Manaqer: Work with landowners
and bring forth additional information to the Board.
None.
Clerk: Forward completed form to VACO.
16. Discussion: Scheduling of Joint Meeting on Water Supply None.
Alternatives. SET MEETING for 11/18/99.
17. Discussion: UVA Affirmative Action Policy. REAFFIRMED None.
existing County policy.
18. Appointments. (RE)APPOINTED:
· Reappointed David E. Krohn to the Joint Airport Commission
with new term to begin 12/2/99 and to expire 12/1/03.
· Reappointed George R. Lade as the Jack Joette representative
Clerk: Update Boards and Commissions records
and notify appointees and applicable persons.
to the Equalization Board with new term to begin 1/1/00 and to
expire 12/31/00.
· Reappointed Michael G. Stewart as the Rio representative to
the Equalization Board with new term to begin 1/1/00 and to
expire 12/31/00.
· Reappointed W. Ivar Mawyer as the Samuel Miller
representative to the Equalization Board with new term to begin
1/1/00 and to expire 12/31/00.
· Reappointed Terence Y. Sieg to the Public Recreational
Facilities Authority with new term to begin 1/1/00 and to expire
12/31/02.
· Appointed Lisa Briskey as joint City/County representative and
Chair of the Rivanna Solid Waste Authority Citizens Advisory
Committee with term to begin 12/31/99 and to expire 12/31/01.
19 Other Matters not Listed on the Agenda from the Board.
· Mr. Perkins said he recently attended a meeting with people
who were discussing monies available for conservation
purposes. He told the group they should use the money as a
match to purchase development rights. Mr. Tucker said staff is
pursuing these funds.
· Ms. Thomas mentioned that the County has been contacted
about pursuing a sister-county relationship with Pacific County,
located in California.
· Ms. Thomas asked if anyone was going to attend an upcoming
VML meeting. No one was.
· Ms. Thomas noted that there are two federal grant studies
underway: 1) water quality impact of the proposed bypass, and
2) Eastern Initiative. which looks at land use and transportation
in the Rt. 29 N corridor and from the Rt. 250 E corridor all the
way to Fluvanna County.
· Ms. Humphris said she found a land use taxation notice in a
Rockbridge County newspaper.
· Ms. Humphris said the U.Va. Grounds Walk Project has led the
public to criticize a concrete wall behind the Darden Center on
the North Grounds.
· Ms. Humphris asked what the Board is to do with the letters
from the PC about appointing a joint commission to study
Greenbelt issues.
· Mr. Tucker said the Board needs to appoint one PC member
and one citizen at-large to the Advisory Committee for the
Jefferson Area Eastern Planning Initiative. Suggested having
PC appoint someone and advertise for a citizen member.
· It was the consensus of the Board not to send funds to support
the Festival of the Trees.
· Mr. Martin mentioned Mr. Thomas Lively's letter concerning
possible zoning violations on Rt. 53. Mr. Tucker said he asked
Ms. McCuley to respond to Mr. Mitchell Van Yahres, who had
received a similar letter, and who had asked Mr. Tucker about
the matter.
· Mr. Martin said he would miss the 12/1/99 BOS meeting.
Community Relations Manager: Find out if Pacific
County wishes to pursue this concept, and request
legible copies of FAXed materials.
None.
None.
County Executive: Speak to Director of Finance to
see if the County should do the same.
County Executive: Ask the PACC Technical
Committee to look into this.
County Executive: Ask staff to provide an update
on the greenways after talking to City staff.
County Exec..uti.v.e: Advise the PC to appoint
someone.
Clerk: Advertise vacancy.
None.
Zonin,q Administrator~
Mr. Van Yahres.
20. Closed Session: Legal Matters. None.
21. Certify Closed Session. None.
22. Adjourn at 4:17 p.m. None.
Copy Board on response to
Attachment A
ORDINANCE NO. 99-3(5)
AN ORDINANCE TO AMEND AND REORDAIN ARTICLE II, DISTRICTS OF STATEWlDE
SIGNIFICANCE, AND ARTICLE III, DISTRICTS OF LOCAL SIGNIFICANCE, OF CHAPTER 3,
AGRICULTURAL AND FORESTAL DISTRICTS, OF THE CODE OF THE COUNTY OF ALBEMARLE,
VIRGINIA.
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that Article II,
Districts of Statewide Significance, and Article III, Districts of Local Significance, of Chapter 3, Agricultural
and Forestal Districts, of the Code of the County of Albemarle, Virgima, are hereby amended and
reordained by amending Section 3-209, Buck Mountain Agricultural and Forestal District, Section 3-211,
Chalk Mountain Agricultural and Forestal District, Section 3-221, Lanark Agricultural and Forestal District,
and Section 3-226. Sugar Hollow Agricultural and Forestal'District, and by adding Section 3-225.5, South
Garden Agricultural and Forestal District, and Section 3-307, Nortonsville Local Agricultural and Forestal
District, as follows:
ARTICLE II. DISTRICTS OF STATEWIDE SIGNIFICANCE
DIVISION 2. DISTRICTS
Sec. 3-209 Buck Mountain Agricultural and Forestal District.
The district known as the "Buck Mountain Agricultural and Forestal District" consists of the
following described properties: Tax map 8, parcels 16A, 16C, 17E, 17F; tax map 17 parcels 26B. 26C,
31, 32. This district, created on January 4, 1989 for not more than 10 years and last reviewed on January
13, 1999, shall next be reviewed prior to January 4, 2009.
(4-12-95; Code 1988, § 2.1-4(o); Ord. 98-A(1), 8-5-98; Ord. 99-3(1), 1-13-99; Ord. 99-3(5), 10-6-99)
Sec. 3-211 Chalk Mountain Agricultural and Forestal District.
The district known as the "Chalk Mountain Agricultural and Forestal District" consists of tr~e
following described properties: Tax map 97, parcels 21,21A, 21B, 22; tax map 98, parcels 12, 13, 14; tax
map 99, parcel 30. This district, created on September 6 1989 for not more than 10 years and last
reviewed on October 6, 1999, shall next be reviewed prior to September 6, 2009.
(Code 1988, § 2.1-4(r); Ord. 98-A(1), 8-5-98; Ord 99-3(5), 10-6-99)
Sec. 3-221 Lanark Agricultural and Forestal District.
The district known as the "Lanark Agricultural and Forestal District" consists of the following
described properties: Tax map 90, parcels 12, 14A; tax map 90B, parcel A-11; tax map 91, parcels 21,
21A, 21B, 31; tax map 92, parcels 64, 64A; tax map 102, parcels 33, 35B, 37, 40, 40A. 40B; tax map 103,
parcels 1, lA, lB, 1C, 1D. 1E, 1F, 1G. 1H 1J, 1K, 1L. 1M, 2A. 3, 5. 9, 10, 10A, 10B, 10C, 10D, 43, 43L,
43L1. This district, created on April 20. 1988 for not more than 10 years and last reviewed on September
9, 1998, shall next be reviewed prior to April 20, 2008.
(Code 1988, § 2.1-4(k); Ord. 98-A(1), 8-5-98; Ord. 98-3(1), 9-9-98; Ord. 99-3(2), 2-10-99; Ord. 99-3(5),
10-6-99)
Sec. 3-225.5 South Garden Agricultural and Forestal District.
The district known as the "South Garden Agricultural and Forestal District" consists of the
following described properties: Tax map 109. parcel 70: tax map 110, parcels 8. 18, 18E, 27 This
4
district, created on October 6, 1999 for not more than 7 years, shall next be reviewed prior to October 6,
2006.
(Ord. 99-3(5), 10-6-99)
Sec. 3-226 Sugar Hollow Agricultural and Forestal District.
The distdct known as the "Sugar Hollow Agricultural and Forestal District" consists of the
following described properties: Tax map 25, parcels 11C, 12, 13, 14, 14A, 14B, 14C, 18, 21, 21A, 24, 25,
26, 27, 28; tax map 26, parcels 5A, 9, 10, 10B, 10D, 10F, 19, 40B, 40C, 41A, 52, 52D; tax map 27,
parcels 8, 8E (part), 26; tax map 39, parcels 2, 2A, 3, 4, 14, 15, 25, 25A; tax map 40, parcel 1, 9, 9C, 10,
10A, 10B, 10C 22, 22A, 27A, 49. This district, created on September 6, 1989 for not more than 10 years
and last reviewed on October 6, 1999, shall next be reviewed prior to September 6~ 2009.
(11-17-93; Code 1988, § 2.1-4(q); Ord. 98-A(1), 8-5-98; Ord. 99-3(5), 10-6-99)
ARTICLE III. DISTRICTS OF LOCAL SIGNIFICANCE
DIVISION 2. DISTRICTS
Sec. 3-307 Nortonsville Local Agricultural and Forestal District.
The district known as the "Nortonsville Local Agricultural and Forestal District" consists of the
following described properties: Tax map 8, parcel 26. This district, created on October 6, 1999 for a
period of 8 years, shall next be reviewed prior to October 6, 2007.
(Or~t. 99-3(5), 10-6-99)
Attachment B
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 2nd
day of July, 1997, adopted the following resolution:
RESOLUTION
WHEREAS, the street described below was established in 1957, currently serves at least three
families per mile and serves from 600 to 700 cars per day from residences with no viable alternative; and
WHEREAS, the Virginia Department of Transportation has deemed this county s current
subdivision control ordinance meets all necessary requirements to qualify this county to recommend
additions to the secondary system of state highways, pursuant to 33.1-72-1, COde of Virginia; and
WHEREAS, after examining the ownership of all property abutting this street, this Board finds that
speculative interest does not exist.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Super-visors
requests the Virginia Department of Transportation to add the following street to the secondary system of
state highways, pursuant to 3 3.1-72. I(D), Code of Virginia:
Name of Street:
From:
To:
West Leigh Drive Length:
State Route 250 - Ivy Road
Leigh Way
0.7 miles
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as
des'cribed, and any necessary easements for cuts, fills and drainage; and
FURTHER RESOLVED, that the Board requests the Virginia Department of Transportation to
improve said street to the prescribed minimum standards, funding said improvements pursuant to 33.1 -
72.1(D), Code of Virginia; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation,
Attachment C
AGREEMENT
THIS AGREEMENT dated and effective the day of. , 1999 between
the COUNTY OF ALBEMARLE (hereinafter the "County") and the SCOTTSVILLE VOLUNTEER FIRE
DEPARTMENT (hereinafter "Scottsville"), a volunteer fire-fighting organization established pursuant to
Virginia Code § 27-8, provides as follows:
WHEREAS, the County has determined that it is desirable and necessary to develop a safe and
efficient hazardous materials response program in the County in order to continue to serve the health,
safety and welfare needs of the County and its citizens; and
WHEREAS, the County and Scottsville have been working together to develop such a program
and equip a unit ("HazMat 78") for hazardous materials response in an area located south of Route 250
and East of Route 29, or in such other locations as may be needed
NOW, THEREFORE, in consideration of the terms, conditions, and covenants hereinafter set
forth, the parties agree as follows:
SECTION ONE
TERM
This Agreement shall become effective on the date written above, and shall continue in effect
indefinitely until terminated by either party in accordance with the provisions of this section. This
Agreement may be terminated (1) by mutual agreement of both parties at any time, evidenced by a
written amendment to this Agreement or other similar document signed by both parties, or (2) by either
party by giving six (6) months' written notice of such intent to terminate the Agreement to the other party
at the address and i~ the manner set forth in Section Six of this Agreement.
SECTION TWO
EQUIPMENT AND USE
(a) The County agrees to provide all required reference materials, including updated
versions of ali reference materials, as listed in Appendix A-1 attached hereto and incorporated by
reference as part of this Agreement as well as any additional equipment that may be authorized by the
County, acting through its Fire/Rescue Division Chief. Scottsville agrees to provide HazMat 78 as a
response vehicle for use, as well as all equipment and materials listee in Appendix A-2 attached hereto
and incorporated by reference as part of this Agreement.
(b) The County agrees to replace any equipment and supplies referenced in Appendix A-1
above as may be necessary to support HazMat 78. Scottsville agrees to provide and maintain the
equipment listed in Appendix A-2.
(c) Throughout the duration of this Agreement and thereafter, all equipment and supplies
(other than the HazMat 78 vehicle itself) provided hereunder by the County shall remain the property of
the County.
SECTION THREE
OPERATION, MAINTENANCE AND TRAINING
(a) The parties agree that HazMat 78 and all equipment and supplies provided under this
Agreement will be used by Scottsville in accordance with the standard operating procedure for spill
containment and leak control attached hereto as Appendix C, or according to such other procedure(s)
that may be adopted and/or modified from time to time by the County.
(b) Scottsville agrees to perform all maintenance and repair on HazMat 78 at Scottsville's
sole cost and expense.
(c) Scottsville agrees to notify the Fire Dispatcher and the County whenever HazMat 78
requires repair that will take it out of service, and agrees to notify the County whenever Scottsville
believes that additional supplies and equipment necessary to support HazMat 78 are needed.
(d) In accordance with the Level II Hazardous Materials Memorandum of Understanding
dated May 13, 1988 between the Department of Emergency Services of the Commonwealth of Virginia
("DES") and Albemarle County, DES will assist the County in providing the necessary Level II training to
HazMat 78 personnel. Scottsville agrees that a minimum of one person shall receive Level II training prior
to assignment on HazMat 78. The County agrees to provide Scottsville with HazMat awareness and
HazMat operations training a minimum of once every five (5) years beginning in August, 1999. However,
if this Agreement should be terminated prior to any five (5) year period, such obligation by the County
shall be null and void. The County agrees that Scottsville personnel will receive hazardous materials
training atthe Scottsville Volunteer Fire Department Firehouse.
(e) Scottsville agrees that it will use its best efforts to respond to incidents covered by this
Agreement in a timely manner but is not guaranteeing that HazMat 78 will respond within any specific
time frames in response to such incidents.
SECTION FOUR
TERMINATION
On expiration or termination of this Agreement, Scottsville shall provide all reasonable assistance
and devote its best efforts to returning all equipment and supplies provided hereunder to the County.
SECTION FIVE
ENTIRE AGREEMENT
This Agreement contains the binding agreements between the parties and supersedes all other
agreements and representations, written or oral, on the subject matter of this Agreement, including any
statements in referenced exhibits or attachments that may be in conflict with statements in this
Agreement.
SECTION SIX
NOTICE
All notices given under this Agreement shall be in writing and shall be deemed served when
mailed to the other party at its address stated herein or at such other address as such party shall
hereafter designate in writing.
Notice to the County shall be sent to:
County Executive's Office
County of Albemarle
401 Mclntire Road
Charlottesville, VA 22902-4596
With a copy to:
Fire/Rescue Division Chief
County of Albemarle
401 Mclntire Road
Charlottesville, VA 22902-4596
Notice to Scottsville shall be sent to:
Chief, 'Scottsville Volunteer Fire Department
P. O. Box 381
Scottsville, VA 24590
IN WITNESS WHEREOF, each party to this Agreement has caused it to be executed on the date
indicated below.
Attachment D
A RESOLUTION ENDORSING THE DESIGN IMPROVEMENTS TO STATE ROUTE 649
(AIRPORT ROAD)IN ALBEMARLE COUNTY
WHEREAS, the Albemarle County Board of Supervisors supports the improvements to Airport
Road (Route 649) from Route 606 to Roue 649, and
WHEREAS, the Charlottesville-Albemarle Airport Authority held a Design Public Hearing for this
project on August 12, 1999 in accordance with said regulations, policies and procedures;
and, has reviewed all public comments and determined it to be feasible and desirable to
address these comments to the greatest extent possible in the design of these road
improvements.
WHEREAS, the improvements are consistent with the County's Land Use Plan, Bike Plan, and
the CATS Year 2015 Project Plan.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of Supervisors
recommends to the Commonwealth Transportation Board that the design of State Route
649 (Airport Road) in Albemarle County as presented at the August 12, 1999 Design
Public Hearing be approved; and
BE IT
FURTHER RESOLVED, by the Albemarle County Board of Supervisors that the
Commonwealth Transportation Board fully evaluate the "Service Road" concept as
proposed by several property owners located south of this road near the intersection of
U. S. Route 29 for inclusion in this project;
l0
Attachment E
RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$2,83S,000 GENERAL OBLIGATION SCHOOL BONDS,
SERIES 1999A, 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
$2,835,000 and to issue its general obligation school bonds for the purpose of financing certain capital
projects for school purposes; and
WHEREAS, the County held a public heating, duly noticed, on October 6, 1999, on the issuance of
the Bonds (as defined below) in accordance with the requirements of Section 15.2-2606, Code of
Virginia 1950, as amended (the "Virginia Code"); and
WHEREAS, the School Board of the County 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 $2,835,000 (the "Bonds") for the purpose of
financing certain capital projects for school purposes. The Board hereby authorizes the
isstiance 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 Chairman of the Board and 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
Chairman of the Board, the County Executive, and such officer or officers of the County as
either may designate are hereby authorized and directed to enter into a Bond Sale Agreement
dated as of October 12, 1999, 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 1999A;" shall bear
interest from the date of delivery thereof payable semi-annually on each January 15 and Iuly
15 beginning July 15, 2000 (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
one-half percent (61/2%) 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
11
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. The execution and delivery
of the Bonds as described in Section 8 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.
6. Payment; Paying Agent and Bond Registrar. The following provisions shall apply to the
Bonds:
(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 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) Crestar Bank, Richmond, Virginia, is designated as Bond Registrar and Paying Agent
for the Bonds.
7. Prepayment or Redemption. The Principal Installments of the Bonds held by the VPSA
coming due on or before July 15, 2010, and the definitive Bonds for which the Bonds held by
the VPSA may be exchanged that mature on or before July 15, 2010, 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, 2010, and the definitive bonds for which
the Bonds held by the VPSA may be exchanged that mature after July 15, 2010, 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, 2010, 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, 2010, through July 14, 2011
July 15,2011, through July 14, 2012
July 15, 2012, 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 and the Clerk or any Deputy
Clerk of the Board are authorized and directed to execute and deliver the Bonds and to affix
the seal of the County thereto.
9. Pledge 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
12
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 Arbitrage. The Chairman of the Board, the
County Executive and such officer or officers of the County as either may designate 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 1986, 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.
I 1. State Non-Arbitrage Program; Proceeds Agreement. 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 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
Cottnty, 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.
Continuing Disclosure Agreement. The Chairman of the Board, the County Executive and
such officer or officers of the County as either may designate are hereby authorized and
directed to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the 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 Filing 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 of the 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.
Albemarle, Virginia
13
NO. TR-1
EXHIBIT A
(FORM OF TEMPORARY BOND)
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE
General Obligation School Bond
Series 1999A
The COUNTY OF ALBEMARLE, VIRGINIA (the "County"), for value received, hereby
acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the
principal amount of DOLLARS ($ ), in annual installments in the amounts set
forth on Schedule I attached hereto payable on July 15, 2000, and annually on July 15 thereafter to and
including July 15, 2019 (each a "Principal Payment Date"), together with interest from the date of this Bond on
the unpaid installments, payable semi-annually on January 15 and July 15 of each year, commencing on July
15, 2000 (each an "Interest Payment Date"; together with any Principal Payment Date, a "Payment Date"), at
the rates per annum set forth on Schedule I attached hereto, subject to prepayment or redemption as hereinafter
provided. Both principal of and interest on this Bond are payable in lawful money of the United States of
America.
For as long as the Virginia Public School Authority is the registered owner of this Bond, Crestar Bank,
as bond registrar (the "Bond Registrar"), shall make all payments of principal, premium, if any, and interest on
this Bond, without the presentation or surrender hereof, to the Virginia Public School Authority, in immediately
available funds at or before 11:00 a.m. on the applicable Payment Date or date f'Lxed for prepayment or
redemption. If a Payment Date or date fixed for prepayment or redemption is not a business day for banks in
the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal, premium,
if any, or interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the
business day next preceding the scheduled Payment Date or date fixed for prepayment or redemption. Upon
receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written
acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the County shall be
fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this
Bond shall be surrendered to the Bond Registrar for cancellation.
The full faith and credit of the County are irrevocably pledged for the payment of the principal of and
the premium, if any, and interest on this Bond. The resolution adopted by the Board of Supervisors authorizing
the issuance of the Bonds provides, and Section 15.2-2624, Code of Virginia 1950, as amended, requires, that
there shall be levied and collected an annual tax upon all taxable property in the County subject to local taxation
sufficient to provide for the payment of the principal, premium, if any, and interest on this Bond as the same
shall become due which tax shall be without limitation as to rate or amount and shall be 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.
This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws
of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of
Virginia 1950, as amended, and resolutions duly adopted by the Board of County Supervisors of the County
and the School Board of the County to provide funds for capital projects for school purposes.
This Bond may be exchanged without cost, on twenty (20) days written notice from the Virginia
Public School Authority, at the office of the Bond Registrar on one or more occasions for one or more
temporary bonds or definitive bonds in marketable form and, in any case, in fully registered form, in
denominations of $5,000 and whole multiples thereof, and having an equal aggregate principal amount, having
principal installments or maturities and bearing interest at rates corresponding to the maturities of and the
14
interest rates on the installments of principal of this Bond then unpaid. This Bond is registered in the name of
the Virginia Public School Authority on the books of the County kept by the Bond Registrar, and the transfer of
this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by
such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar
shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered
on such registration books in the name of the assignee or assignees named in such assignment.
The principal installments of this Bond coming due on or before July 15, 2010, and the definitive
Bonds for which this Bond may be exchanged that mature on or before July 15, 2010, are not subject to
prepayment or redemption prior to their stated maturities. The principal installments of this Bond coming due
after July 15, 2010, and the definitive Bonds for which this Bond may be exchanged that mature after July 15,
2010, 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, 2010, 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, 2010, through July 14, 2011 102%
July 15,2011, through July 14, 2012 101
July 15, 2012, and thereafter 100
Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their
stated maturities as described above without the prior 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.
All acts, conditions and things required by the Constitution and laws of the Commonwealth of
Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist
hnd have been performed in due time, form and manner as so required, and this Bond, together with all other
indebtedness of the County, is within every debt and other limit prescribed by the Constitution and laws of the
Commonwealth of Virginia.
IN WITNESS WHEREOF, the Board of-Supervisors of the County of Albemarle has caused this
Bond to be issued in the name of the County of Albemarle, Virginia, to be signed by its Chairman or Vice-
Chairman, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and
this Bond to be dated November___, 1999.
COUNTY OF ALBEMARLE, VIRGINIA
(S~.^L)
ATTEST:
Clerk, Board of Supervisors of the
County of Albemarle, Virginia
Chairman, Board of Supervisors of the
County of Albemarle, Virginia
15
ASSIGNMENT~
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto
(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE:
the within Bond and irrevocably constitutes and appoints
attorney to exchange said Bond for def'mitive
bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept
for registration thereof, with full power of substitution in the premises.
16
David P. Bowerman
Charlotte Y. Humphris
Jac~ Jouett
Formst R. Marshall, Jr.
COUNTY OF Al REHAELE
office of Board of Supervisors
401 Mclnfire Road
Charlottesville, Vh'cjinia 22902-4596
(804} 296.5843 FAX (804) 296.5800
Charles S. Martin
Walter E Perkins
Sally H. Thomas
October 19, 1999
Ms. Angela G. Tucker, Resident Engineer
Virginia Department of Transportation
701 VDOT Way
Charlottesville, Virginia 22911
Dear Ms. Tucker:
At the October 6 meeting of the Board of Supervisors, the Board took the following action
regarding transportation matters:
Agenda Item No. 7.a. Resolution to Support Airport Road (Route 649) Improvements. ADOPTED
(attachment A).
Agenda Item No. 7.b. Other Transportation Matters.
Mr. Bill Mills said he would send Ms. Thomas an email regarding the Bellair intersection.
Ms. Thomas said citizens are concerned about trees being cut down on Wyant Lane. Mr. Tucker
suggested that in the future VDOT provide computer-generated ,mages of what the public can expect.
Mr. Perkins asked about the progress between VDOT and landowners on the Rts. 240/250
connection. Mr. Tucker said Planning staff is meeting with VDOT and then the landowners.
/lab
Sincerely,
/
LaL~rel A. Bentley
Senior Deputy Clerk
Attachment
cc: Robert Tucker
Printed on recycled paper
ORDINANCE NO. 99-3(5)
AN ORDINANCE TO AMEND AND REORDAIN ARTICLE II, DISTRICTS OF
STATEWIDE SIGNIFICANCE, AND ARTICLE III, DISTRICTS OF LOCAL
SIGNIFICANCE, OF CHAPTER 3, AGRICULI].JRAL AND FORESTAL DISTRICTS, OF
THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA.
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that
Article II, Districts of Statewide Significance, and Article III, Districts of Local Significance, of
Chapter 3, Agricultural and Forestal Districts, of the Code of the County of Albemarle, Virginia,
are hereby amended and reordained by amending Section 3-209, Buck Mountain Agricultural
and Forestal District, Section 3-211, Chalk Mountain Agricultural and Forestal District, Section
3-221, Lanark Agricultural and Forestal District, and Section 3-226, Sugar Hollow Agricultural
and Forestal District, and by adding Section 3-225.5, South Garden Agricultural and Forestal
District, and Section 3-307, Nortonsville Local Agricultural and ForestaI District, as follows:
ARTICLE II. DISTRICTS OF STATEWIDE SIGNIFICANCE
DIVISION 2. DISTRICTS
Sec. 3-209 Buck Mountain Agricultural and Forestal District.
The district known as the "Buck Mountain Agricultural ~ats~ d Forestal District" consists of
the following described properties: Tax map 8, parcels 16A, 16C, 17E, 17F; tax map 17, parcels
26B, 26C, 31, 32. This district, created on January 4, 1989 for not more than 10 years and last
reviewed on January 13, 1999, shall next be reviewed prior to January 4, 2009.
(4-12-95; Code 1988, § 2.1-4(o); Ord. 98-A(1), 8-5-98; Ord. 99-3(1), 1-13-99; Ord. 99-3(5), 10-
6-99)
Sec. 3-211 Chalk Mountain Agricultural and Forestal District.
The district known as the "Chalk Mountain Agricultural and Forestal District" consists of
the following described properties: Tax map 97, parcels 21, 2lA, 2lB, 22; tax map 98, parcels
12, 13, 14; tax map 99, parcel 30. This district, created on September 6, 1989 for not more than
10 years and last reviewed on October 6, 1999, shall next be reviewed prior to September 6,
2009.
(Code 1988, § 2.1-4(0; Ord. 98-A(1), 8-5-98; Ord. 99-3(5), 10-6-99)
Sec. 3-221 Lanark Agricultural and Forestai District.
The district known as the "Lanark Agricultural .and Forestal District" consists of the
following described properties: Tax map 90, parcels 12, 14A; tax map 90B, parcel A-11; tax
map 91, parcels 21, 2lA, 2lB, 31; tax map 92, parcels 64, 64A; tax map 102, parcels 33, 35B,
37, 40, 40A, 40B; tax map 103, parcels 1, lA, lB, lC, ID, 1E, 1F, 1G, 1H, 1J, 1K, 1L, 1M, 2A,
3, 5, 9, 10, 10A, 10B, 10C, 10D, 43, 43L, 43L1. This district, created on April 20, 1988 for not
August 31, 1999
Dept.
COUNTY OF ALBEMARLE
of Planning & Community Development
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
BROWN, ROBERT S OR DOROTHY H
JONES, RAYFORD S OR CAROL B
MEHRING FAMILY LIMITED PTRN
MEHRING, PETER R & LESLIE M-
MEHRING, WALTER H III & PAULA H
MEHRING, WALTER H JR & SARA C
RE: Chalk Mountain Agricultural/Forestal District
Ladies and Gentlemen:
The Albemarle County Planning Commission, at its meeting on August 24, 1999, unanimously
recommended approval of the request to continue the district for 10 years.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on September 15, 1999. Any new or additional
information regarding your application must be submitted to the Clerk of the Board of
Supervisors at least seven days prior to your scheduled hearing date.
If you should have any questions or comments regarding the above noted action, please do not
hesitate to contact me.
Sine ev.,,77c~_r._lc.h __ ~_ ,,2
Senior Planner
MJS/jcf
Cc: Ella Carey Amelia McCulley
Jack Kelsey Steve Allshouse
MOUNT AIR FARM LLC
4503 Mount Air Farm
Crozet, Virginia 22932
August 19, 1999
Albemarle County Board of Supervisors
401 Mclntire Road
Charlottesville, Virginia 22902-4596
RE: SUGAR HOLLOW AGRICULTURAL/FORESTAL DISTRICT REVIEW
Dear Ladies and Gentleman:
This letter is to notify you that Mount Air Farm LLC wishes to withdraw a 62+/- acre
portion of TM/P 27-8E from the Sugar Hollow Agricultural/Forestal District (hereinafter, the
"District"). The portion to be withdrawn is defined as follows:
The approximately 62 acre portion of TM/P 27-8E adjoining State Route 672 that
is: (1) located between (a) the point on TM]P 27-8E closest to the point on State
Route 672 that is .8 miles to the north of the intersection of State Route 672 and
State Route 810 and (b) the northeastern comer of TMfP 27-8E and (2) limited to
a maximum depth, measured from the frontage on State Route 672, of 600 feet.
The portion to be withdrawn also is defined as "Area B" in that certain Deed of Gift
Conservation Easement granted on the 3rd day of December, 1998, by William G. Keller and Lois
M. Keller to the Virginia Outdoors Foundation, recorded in the Clerk's Office of the Circuit Court
of Albemarle County, Virginia, in Deed Book 1772, Page 0532 (hereinafter, the "Easement").
For your convenience, I have attached to this letter: (1) Exhibit B from the Easement,
which illustrates the location of Area B, and (2) an additional map that illustrates the Tax Map
Parcels owned by Mount Air Farm LLC and William G. Keller and Lois M. Keller, as well as the
location of Area B.
The other acreage in TM/P 27-8E and all other Tax Map Parcels owned by Mount Air
Farm LLC and William G. Keller and Lois M. Keller are to continue to be included in the District.
BOARD OF
Albemarle County Board of Supervisors
August 19, 1999
Page 2
Should you have any questions regarding the foregoing or the enclosures, please call either
me, at 823-4242, or Nancy A. McLaughlin, at 977-2539.
Enclosure
\\CHA~2539
H:XKELLER~LLCX2kGFOR S T.LT 1
Sincerely yours,
W~,lliam G. Keller,
Manager, Mount Air Farm LLC
EXHIBIT B
B~( I' :7 7.'2 P~ 0 5 5 3
COUNTY OF ALBEMARLE
Dept. of Planning & Community Deve]opmenl
401 Mclntire Road
Charlottesville, Vi~gin;,~ 22902-450~
(804) 296.5823
August 31, 1999
ABELL, FRANK CARR & JAMES CALEB ABELL
BARNETT, TRACY HENLEY LIFE
BENNETT, JAMES P JR OR DONNA E
BOWYER, JAMES D OR BOBBLE J BOWYER
CABELL, RICHARD A OR H HAYDEN
CHAMP, ANTONY E
CHARLES TIMOTHY HENLEY
GILGES, ROBERT D OR CARROLL MCR
GOUOHNOUR, RONALD I OR TAMP, ak M
GRAVES, JAY T
HENLEY FOREST INC
HENLEY, CHARLES TIMOTHY
HENLEY, JOSEPH T III
HENLEY, JOSEPH T III OR KENNETY MORRIS
HENLEY, JOSEPH T JR & JOAN H
HENLEY, JOSEPH TEMPLE III &
KELLER, WILLIAM G OR LOIS M
LINDSTROM, CARL ANDREW ESTATE
MARTIN, LUCINDA D, NANCY B
MEUKOW, GRE~3G (NO ADDRESS)
MOUNT AIR FARM LLC
MYERS. JOHN PETERSON OR LOIS PRIESTAF
STRICKLER, BONNIE C
STRICKLER, BRUCE W. OR MARGIE P.
THOMAS, E ALTON
WHITE HALL HUNT CLUB, [NC.
RE: Sugar Hollow Agricultural/Forestal District
The Albemarle County Planning Commission, at its meeting on August 24. 1999, unanimously
recommended approval of the request to cominue the district for 10 years.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public commem at their meeting on September 15, 1999. Any new or additional
Page 2
information regarding your application must be submitted to the Clerk of the Board of
Supervisors at least seven days prior to your scheduled hearing date.
If you should have any questions or comments regarding the above noted action, please do not
hesitate to conmc~ me.
Sincerely,
Mary Joy Scala
Senior Planner
MJS/jcf
Cc: Ella Carey
Jack Kelsey
Amelia McCulley
Steve Allshouse
JAY GRAVES
1515 6th street,. S,E,
Charlottesville, VA 22g01
Phone 804/29~131
ATTACHMENT A
MOUNT AIR FARM LLC
4503 Mount Air Farm
Crozet, Virginia 22932
ATTACHMENT B
August 19, 1999
Albemarle County Board of Supervisors
401 Mclntire Road
Charlottesville, Vkginia 22902-4596
RE: SUGAR HOLLOW AGRICULTURAL/FORESTAL DISTRICT REVIEW
Dear Ladies and Gentleman:
This letter is to notify you that Mount Air Farm LLC wishes to withdraw a 62+/- acre
portion of TM/P 27-8E from the Sugar Hollow Agricultural/Forestal District (hereinafter, the
"Dist,rict"). The portion to be withdrawn is defined as follows:
The approximately 62 acre portion of TM/P 27-8E adjoining State Route 672 that
is: (1) located between (a) the point on TM/P 27-8E closest to the point on State
Route 672 that is .8 miles to the north of the intersection of State Route 672 and
State Route 810 and (b) the northeastern corner of TM/P 27-8E and (2) limited to
a maximum depth, measured from the frontage on State Route 672, of 600 feet.
The portion to be withdrawn also is defined as "Area B" in that certain Deed of Gift
Conservation Easement granted on the 3rd day of December, 1998, by William G. Keller and Lois
M. Keller to the Virginia Outdoors Foundation, recorded in the Clerk's Office of the Circuit Court
of Albemarle County, Virginia, in Deed Book 1772, Page 0532 (hereinafter, the "Easement").
For your convenience, I have attached to this letter: (1) Exhibit B from the Easement,
which illustrates the locaUon of Area B, and (2) an addifionai map that illustrates the Tax Map
Parcels owned by Mount Air Farm LLC and William G. Keller and Lois M. Keller, as well as the
location of Area B.
The other acreage in TM/P 27-8E and all other Tax Map Parcels owned by Mount Air
Farm LLC and William G. Keller and Lois M. Keller are to continue to be included in the District.
· BOARD OF
Albemarle County Board of Supervisors
August 19, 1999
Page 2
ATTACHMENT B
Should you have any questions regarding the foregoing or the enclosures, please call either
me, at 823-4242, or Nancy A. McLaughlin, at 977-2539.
Enclosure
\\CHA/2539
H:/KELLERILLC/AOFORST.LT
Sincerely yours,
WHliam G. Keller,
Manager, Mount Air Farm LLC
EXHIBIT B
8r, 1'772P~0553
ATTACHMENT B
ATTACHMENT B
~,R"~., "T~'--7' ctcre5
Dept.
COUNTY OF ALBEMARLE
of Planning & Community Development
401 Mclntire Road
Charlottesville, Virginia 22902-4,596
(804) 296-5823
August 31, 1999
John & Patricia Purcell, Jr
103 Pinehurst Drive
Louisa, VA 23093
Addition to Lanark Agricultural/Forestal District
Tax Map 90, Parcels 12 and 14A
Dear Mr. & Mrs. Purcell:
The Albemarle County Planning Commission, at its meeting on August 24, 1999, unanimously
recommended approval of the addition of 154.638 acres to the Lanark Agricultural/Forestal
District.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on September 15, 1999. Any new or additional
information regarding your application must be submitted to the Clerk of the Board of
Supervisors at least seven days prior to your scheduled heating date.
If you should have any questions or comments regarding the above noted action, please do not
hesitate to contact me.
Sincerely,
Mary Joy Scala
Senior Planner
BOARD OF SUPER¥ISORS
MJS/jcf
Cc:
Ella Carey
Jack Kelsey
Amelia McCulley
Steve Allshouse
August 19, 1999
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 McIntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
Alan B. Pinkerton
Allan B. Pinkerton, Jr
Evelyn W. Pinkerton
Ida P. Hoare
4919 Pinkerton Drive
North Garden, VA 22959
Creation of the South Garden Agricultural/Forestal District
Tax Map 109, Parcel 70
Tax Map 110, Parcels 8, 18 and 18E
Dear Property Owners:
The Albemarle County Planning Commission, at its meeting on August 10, 1999, unanimously
recommended approval of the above-noted proposal to create the South Garden Agricultural(
Forestal District consisting of 1265.13 acres.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on September 15, 1999.
If you should have any questions or comments regarding the above noted action, please do not
hesitate to contact me.
Sincerely,
Mary Joy Scala
Senior Planner
MJS/jcf
August 19, 1999
COUNTY OF ALBEMARLE
Dept. of Planning & Community Development
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
Louis R. & Nancy B. Savarie
1704 Maple Hill Place
Alexandria, VA 22302
Addition to Buck Mountain Agricultural/Forestal District
Tax Map 17, Parcel 32
Dear Mr. & Mrs. Savarie:
The Albemarle County Planning Commission, at its meeting on August 10, 1999, unanimously
recommended approval of the above-noted proposal to add 13.5 acres to the Buck Mountain
Agricultural/Forestal District.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on September 15, 1999~
If you should have any questions or comments regarding the above noted action, please do not
hesitate to contact me.
Sincerely,
Mary Joy Scata
Senior Planner
MJS/jcf
August 19, 1999
Dept.
COUNTY OF ALBEMARLE
of Planning & Community Development
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5823
John & Patricia Purcell, Jr
103 Pinehurst Dr
Louisa, VA 23093
Creation of the Nortonsville Local Agricultural/Forestal District
Tax Map 8, Parcel 26
Dear'Mr. & Mrs. Purcell:
The Albemarle County Planning Commission, at its meeting on August 10, 1999, unanimously
recommended approval of the above-noted proposal to create the Nortonsville Local
Agricultural/Forestal District consisting of 92.575 acres.
Please be advised that the Albemarle County Board of Supervisors will review this petition and
receive public comment at their meeting on September 15, 1999.
If you should have any questions or comments regarding the above noted action, please do not
hesitate to contact me.
Sincerely,
Mary Joy Scala
Senior Planner
MJS/jcf
STAFF PERSON:
ADVISORY COMMITTEE:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
Mary Joy Scala
August 2, 1999
August 17, 1999
September 15, 1999
ADDITION TO LANARK AGRICULTURAL/FORESTAL DISTRICT
ADDITION TO BUCK MOUNTAIN AGRICULTURALfFORESTAL DISTRICT
CREATION OF THE SOUTH GARDEN AGRICULTURAL/FORESTAL DISTRICT
CREATION OF THE NORTONSVILLE LOCAL AGRICULTURAL/FORESTAL DISTRICT
Purpose: It is the policy of the Commonwealth to conserve and protect and to encourage the
development and improvement of the Commonwealth's agricultural/forestal lands for the
production of food and other agricultural and forestal products. It is also the policy of the
Commonwealth to conserve and protect agricultural and forestal lands as valued natural and
ecological resources which provide essential open space for clean air sheds, watershed
protection, wildlife habitat, as well as for aesthetic purposes.
Factors to Consider:
The following factors must be considered by the Advisory Committee and at any public hearing
when a proposed district is being considered:
The agricultural and forestal significance of land within the district and in areas adjacent
thereto;
o
The presence of any significant agricultural lands or significant forestal lands within the
district and in areas adjacent thereto that are not now in active agricultural of forestal
production;
The nature and extent of land uses other than active farming or forestry within the district
and in areas adjacent thereto;
4. Local development patterns and needs;
5. The Comprehensive Plan and, if applicable, the zoning regulations;
o
The environmental benefits of retaining the lands in the district for agricultural and
forestal uses; and
7. Any other matter which may be relevant.
In judging the agricultural and forestal significance of land, any relevant agricultural and forestal
maps may be considered, as well as soil, climate, topography, other natural factors,, markets for
agricultural and forestal products, the extent and nature of farm structures, the present status of
agriculture and forestry, anticipated trends in agricultural economic conditions and such other
factors as may be relevant.
Effects of a District:
1. The proposed district provides a community benefit by conserving and protecting
farmlands and forest; environmental resources such as watersheds, air quality, open
space, and wildlife habitat; and scenic and historic resources.
The State Code stipulates that the landowner receive certain tax benefits*, and
restrictions on public utilities and government action (such as land acquisition and local
nuisance laws) to protect the agricultural/forestal use of the land. In exchange, the
landowner agrees not to develop the property to a "more intensive use" during the
specified number of years the district is in effect.
*Since Albemarle County currently permits all four categories of use value
assessment, a district designation may not provide any additional real estate tax
deductions. Land in a district is protected from special utility assessments or
taxes.
The State Code stipulates that, "Local ordinances, comprehensive plans, land use
planning decisions, administrati-ve decisions and procedures affecting parcels of land
adjacent to any district shall take into account the existence of such district and the
purposes of this chapter." The district may have no effect on adjacent development by
right, but could restrict proposed rezonings or uses by special use permit which are
determined to be in conflict with the adjacent agricultural/forestal uses. Districts must
now be shown on the official Comprehensive Plan map each time it is updated.
In general, a district may have a stabilizing effect on land use. The property owners in
the district are making a statement that they do not intend to develop their property in the
near future, and that they would like the area to remain in the agricultural and forestal
uses. Adjacent property owners may be encouraged to continue agricultural uses if they
do not anticipate development of adjacent lands.
ADDITION TO LANARK AGRICULTURAL/FORESTAL DISTRICT
Location: Lanark District is located near Carter's Mountain, Overton, and along Route 627
(Carters Mountain Road). The proposed addition is located northwest of Scottsville Road, Route
20 South.
Acreage: The-Lanark District contains 5,673.23 acres in 38 parcels. The proposed addition
contains 154.638 acres in two parcels.
Time Period: The time period for the proposed .addition is the same as that established for the
existing district, ten years. The district must be reviewed by April 20, 2008.
Agricultural and Forestal Significance: Land in the addition is used as forestry.
.,S..ignificant Land Not in Agricultural/Forestal Production: The use value assessment program is
a good indicator of the actual use of the property. All 154.638 acres are enrolled under forestry
use.
Land Use other than Agriculture and Forestry_: There are no dwellings located on the parcels.
Local Development Patterns and Needs: The area surrounding the Lanark District is very rural.
There are many large farms as well as scattered dwellings.
Comprehensive Plan and Zoning Regulations: The Lanark District and the proposed addition are
located within the Rural Area of the Comprehensive Plan and are zoned RA, Rural Areas. The
nearest development area is the Urban Area, a distance of about one mile north.
The Growth Management goal identifies agricultural and forestry resources as one of the
defining elements of the Rural Area, and states that the protection of agricultural and forestry
resources is the highest priority. (Land Use Plan) A Comprehensive Plan strategy is, "Actively
promote and support voluntary measures to protect agricultural and forestry resources." (Chapter
Two)
The Open Space Plan shows this area to_have important farmlands and forests. Route 20 is a
Virginia Byway and County Entrance Corridor.
Environmental Benefits: This district lies within the Rivanna River watershed. Conservation of
this area maintains the environmental integrity of the County and aids in the protection of ground
and surface water, wildlife habitat, the historic landscape, and open space.
Staff Recommendation: Staff recommends approval of the addition as proposed.
Adviso _ry Committee Recommendation: The Agricultural and Forestal Districts Advisory
Committee, at its meeting on August 2, 1999, recommended unanimously to approve the
addition.
LANARK AGRICULTURAL/FORESTAL DISTRICT
TM/P TOTAL USE VALUE ACREAGE OWNER DWELLINGS
ACREAGE AG FOR HORT NQ
103 1M 266.700 81.500 180.200 5.000 BenJamin Brewster 4
103 1Ji 333.424 114.100 218.324 Benjamin Brewster 2
103 1L 16.027 16.027 Beniamin Brewster 0
103 lA. 33.756 20.824 12.932 Benjamin Brewster 0
103 2A 200.000 87.000 113.000 Beniamin Brewster 0
103 1K 147.140 147.140 Benjamin Brewster 0
90B A-11 15.260 J W K Properties 0
91 21 97.194 53.000 33.214 10.980 J W K Properties 3
91 21A 821.580 121.750 674.540 25.290 J W K Properties 4
91 21B 381.110 190.500 174.880 13.730 J WK Properties 8
91 31 488.500 151.400 337.100 J W K Properties 1
92 64 378.912 378.912 J W K Properties 0
92 64A 672.795 64.650 608.145 J W K Properties 3
102 - 33 43.545 21.545 22.000 J W K Properties 0
102 35B 61.950 44.281 17.669 Ore,Ion Land Trust 0
102 - . 37 78.125 13.400 64.725 J W K Properties 1
102 · - 40 174.010 174.010 J W K Properties 3
102 - 40A 10.042 J W K Properties 1
102 40B 9.120 8.025 1.095 J W K Properties 0
103 lB 173.040 146.100 26.940 J W K Properties 0
103 lC 1.420 J W K Properties 1
103 - 1 D 7.180 7.180 J W K Properties 1
103 1E 326.630 147.500 179.130 J W K Properties 1
103 1F 3.010 3.010 J W K Properties 1
103 1G 4.140 J W K Properties 1
103 1H 10.820 10.820 J W K Properties 0
103 1 144.270 28.896 115.374 J W K Properties 0
103 - 3 123.116 123.116 J W K Properties 0
103 - 5 36.952 J W K Properties 0
103 - 9 12.722 J W K Properties 0
103 - 10 229,118 37.336 191,782 J W K Properties 1
103 - 10A 22.753 22,753 Ore~on Land Trust 0
103 - 10B 22.110 13,754 8.356 Lowell and Claudia Weicker 2
103 - 10C 12.681 J W K Properties 0
103 - 10D 20.470 Edith Grey Land Trust 1
103 - 43 253.900 160.837 93.063 J W K Properties 3
103 - 43L 22.130 21.130 1.000 Robert G. & Kathleen L. Rash 1
103 - 43L1 17.580 17.580 Robert G. & Kathleen L. Rash 0
TOTALS 5673.232 1848.558 3651.987 56.000 43
WITHDRAWALS FROM DI:51 ~iCT
TM/P TOTAL USE VALUE ACREAGE OWNER DWELLINGS
ACREAGE AG FOR HORT NQ
91 - 2IA(part) 2.096 Spring Hill Baptist Church 0
[has now been
added to 103-68]
CURRENT REQUEST FOR ADDITION
TMIP TOTAL USE VALUE ACREAGE OWNER DWELLINGS
ACREAGE AG FOR HORT NQ
90 - 12 41.500 0.000 41.500 0.000 0.000 John J. Purcell, Jr. 01
90 14A 113.138 0.000 113.138 0.000 0.000 John J. Purcell, Jr. 0:
Totals .154.638 0.000 1 54.638 0.000 0.000 0
89
~<~.~ Addition to
,oc
\ IOE ;OD
Lanark
36
ADDITION TO BUCK MOUNTAIN AGRICULTURAL/FORESTAL DISTRICT
Location: The Buck Mountain Agricultural/Forestal District is located in the Whitehall
Magisterial District on Route 671 (Davis Shop Road). The proposed addition is located to the
south of Davis Shop Road.
Acreage: The Buck Mountain District contains 488.92 acres in 7 parcels. The proposed addition
contains 13.55 acres in one parcel.
Time Period: The time period for the proposed addition is the same as that established for the
existing district, ten years. The district must be reviewed by January 4, 2009.
Agricultural and Forestal Significance: Land in the proposed addition is being used for
agriculture and forestry.
Significant Land Not in Agficultural/For-estal Production: The use value .taxation program is a
good indication of the actual use ofthe~)roperties. Forestry uses comprise 9.39 acres and the
remaining 4.16 acres are used for agricultural purposes.
Land Use other than Agriculture and Forestry: There are no dwellings on the proposed addition.
Local Development Patterns and Needs: The area surrounding the Buck Mountain District is
very rural. There are many large farms as well as scattered dwellings. The Buck Mountain PUD
subdivision abuts this district.
Comprehensive Plan and Zoning Regulations: The Buck Mountain District and the proposed
addition are located within the Rural Area of the Comprehensive Plan and are zoned RA, Rural
Areas. The nearest development area is the Hollymead Community, a distance of about 7 miles
east.
The Growth Management goal identifies agricultural and forestry resources as one of the
defining elements of the Rural Area, and states that the protection of agricultural and forestry
resources is the highest priority. (Land Use Plan) A Comprehensive Plan strategy is, "Actively
promote and support voluntary measures to protect agricultural and forestry resources." (Chapter
Two)
The Open Space Plan shows this area to have important farmlands and forests. Buck Mountain is
designated a Mountain above the 900 foot contour. Buck Mountain Creek is a Major Stream
Valley which traverses the district.
Environmental Benefits: This district lies within the South Fork Rivanna River Reservoir
watershed. Conservation of this area maintains the environmental integrity of the County and
aids in the protection of ground and surface water, critical slopes, wildlife habitat, and open
space.
Staff Recommendation: Staff recommends approval of the addition as proposed.
Advisory Committee Recommendation: The Agricultural and Forestal Districts Advisory
Committee, at its meeting on August 2, 1999, recommended unanimously to approve'~the
addition.
BUCK MOUNTAIN AGRICULTURAL/FORESTAL DISTRICT
TM/P TOTAL USE VALUE ACREAGE OWNER DWELLINGS
ACREAGE AG FOR HORT NQ
8 - 16A 56.000 19.983 35.017 1.000 Little Owl Land Trust 1
8 - 16C 16.513 8.5t3 8.000 Little Owl Land Trust C
8 - 17E 25.040! 21.847 2.193 1.000 Evan I. or Tiara L. Hecht 1
8 - 17F 16.340 7.181 9.159 James M. or Karen S. Lansin~ ¢
17 - 26B 26.890 25,890 1,000 Richard F. or Elaine R. Miller
17 - 26C 211.320 W, Donald Clark C
17 - 31 136.820 75.347 61.473 Lewis R. or Nancy B. Savarie 1
TOTALS 488.923 150.248 116.355 11.000 3
PAST WITHDRAWALS FROM DISTRICT
TM/P TOTAL USE VALUE ACREAGE OWNER DWELLINGS
ACREAGE AG FOR- HORT NQ
8 50 161.019 144.516 25'.'~04 1.000 Thomas C. and Frances P. Gibson 1
ACREAGE AG
TM1/7P 32 13.550
CURRENT REQUEST FOR ADDITION
I OWNER
0.000 Lewis R. or Nancy B, Savarie
FOR HORT NQ
4.160 9.390 0.000
9C
:6-30
6O
26C
42
-, '~ . ~ -
)~~ %~ Addition to
Buck Mountain
73.
IS
3qGI
\A
\
CREATION OF THE SOUTH GARDEN AGRICULTURAL/FORESTAL DISTRICT
Location: The proposed South Garden Agricultural/Forestal District is located in the Scottsville
Magisterial District off COve Garden Road (State Route 633).
Acreage: The proposed South Garden District contains 1,265.13 acres in 4 parcels.
Time Period: The proposed time period for the District is seven years.
Agricultural and Forestal Significance: Land in the proposed addition is being used for
agriculture (cattle and horses) and forestry.
Si?ificant Land Not in Agricultural/Forestal Production: The use value taxation program is a
good indication of the actual use of the properties. Forestry uses comprise 838.33 acres and
423.80 acres are used for agricultural purposes. The remaining 3.00 acres are non-qualifying.
Land Use other than Agriculture and Forestry_: There are three dwellings in the proposed District.
Local Development Patterns and Needs: The area surrounding the South Garden District is very
rural. There are many large farms as well as scattered dwellings.
Comprehensive Plan and Zoning Regulations: The proposed district is located within the Rural
Area of the Comprehensive Plan and is zoned RA, Rural Areas. The nearest Development Area
is the Urban Area, a distance of approximately 8 miles northeast.
The Growth Management goal identifies agricultural and forestry resources as one of the
defining elements of the Rural Area, and states that the protection of agricultural and forestry
resources is the highest profity. (Land Use Plan) A Comprehensive Plan strategy is, "Actively
promote and support voluntary measures to protect agricultural and forestry resources." (Chapter
Two)
The Open Space Plan shows this area to have important farmlands and forests. Fan Mountain is
designated a Mountain above the 900 foot contour. The South Fork Hardware River, Hamner
Branch, and Harris Branch are Major Stream Valleys which traverse the proposed district. The
Pinkerton house is a surveyed historic structure.
Environmental Benefits: This district lies within the Hardware River watershed. Conservation of
this area maintains the environmental integrity of the County and aids in the protection of ground
and surface water, critical slopes, wildlife habitat, the historic landscape, and open space.
Staff Recommendation:' This is the first new district to be created since 1993. Staff recommends
approval of the proposed district.
Advisory Committee Recommendation: The Agricultural and. Forestal Districts Advisory
Committee, at its meeting on August 2, 1999, recommended unanimously to approve the new
district.
PROPOSED sOUTH GARDEN AGRICULTURAL/FORESTAL DISTRICT
TM/P TOTAL USE VALUE ACREAGE OWNER DWELLINGS
ACREAGE AG FOR HORT NQ
109 - 70 40.063 0.000 40.063 0.000 0.000 Alan Pinkerton, 0
110 - 8 105.200 25.000 80.200 0.000 0.000 Alan Pinkerton, Jr., 0
110 - 18 1087.100 398.800 685.300 0.000 3.000 Evelyn Pinkerton and 3
110 - 18E 32.767 0.000 32.767 0.000 0.000 Ida P. Hoare
Totals 1265.130 423.800 838.330 0.000 3.000 3
..II * .
; 4B
"%\
Proposed South Gardc
~g/For District
ABOUT LOCAL AGRICULTURAL/FORESTAL DISTRICTS
Local Agricultural/Forestal Districts are enabled under the Code of Virginia, Section 15.2-4400.
Albemarle County adopted a Local Agricultural/Forestal Districts ordinance in 1993. This is the
first application for a local district that has been processed. Our Local District ordinance
provides that an owner of property in the Rural Area may apply to enroll the property in a local
district only if the property cannot be included in a statewide district.
· The main differences between a local district and a statewide district are:
- the minimum acreage requirement, which is 25 acres for a local district and 200 acres
for a statewide district;
- local districts are not subject to the same effects such as restrictions on land acquisition
by an agency of the Commonwealth; and
- a local district is in effect eight years, rather than 4-10 years.
· Both local districts and statewide districts are eligible for use value taxation benefits, and
land within a district may not be developed to a more intensive use.
· The stated purposes for protecting agricultural and forestal districts of local importance are
nearly identical to the purposes for protecting statewide districts.
· The factors to be considered for local districts are the same as for statewide districts, with the
addition of "the scenic and historic features of land uses within the proposed district and
adjacent thereto."
Purpose: It is state policy to encourage localities of the Commonwealth to conserve and protect
and to encourage the development and improvement of their agricultural/forestal lands for the
production of food and other agricultural and forestal products. It is also state policy to
encourage localities of the Commonwealth to conserve and protect agricultural and forestal lands
as valued natural and ecological resources which provide essential open spaces for clean air
sheds, watershed protection, wildlife habitat, aesthetic quality and other environmental purposes.
Factors to Consider:
The criteria which shall be considered by the advisory committee and the planning commission
in advising the governing body, and the goveming body in making its decision on whether or
not to create a district shall be based on and consistent with the following factors:
The agricultural and forestal significance within the proposed district and in areas
adjacent thereto;
The presence of any significant agricultural lands or significant forestal lands within the
proposed district and adjacent thereto that are not now in active farming or production;
The nature and extent of land uses other than active farming or forestry within the
proposed district and adjacent thereto;
4. Local development patterns and needs including zoning and the Comprehensive Plan;
5. The scenic and historic features of land uses within the proposed district and adjacent
thereto;
6. The environmental benefits of preserving the lands in the district in their existing use; and
7. Any other matter which may be relevant.
In judging significance, any relevant agricultural and forestal maps may be considered as well as
soil, climate, topography, quality of tree cover, other natural factors, markets for farm and forest
products, the extent and nature of farm and forest improvements, evidence of commitment to
long-term farm and forest use, anticipated trends in agricultural and forest economic conditions
and technology, and such other factors as may be relevant.
CREATION OF THE NORTONSVILLE LOCAL AGRICULTURAL/FORESTAL
DISTRICT _
Location: The proposed Nortonsville Local District is located northwest of Nortonsville and
south of Boonesville Road, Route 810.
Acreage: The proposed district contains 92.575 acres in one parcel.
Time Period: Eight years.
Agricultural and Forestal Significance: Land in the proposed addition is being used for forestry.
Si~ificant Land Not in Agricultural/Forestal Production: The use value taxation program is a
good indication of the actual use of the properties. Forestry uses comprise all 92.575 acres.
Land Use other than Agriculture and Forest~_: There are no dwellings in the proposed district.
Local Development Patterns and Needs: The area surrounding the Nortonsville District is very
rural. There are many large farms as well as scattered dwellings. There are no statewide
agricultural/forestal districts in the vicinity. The nearest statewide district is the Buck Mountain
District, a distance of approximately ! .3 miles to the south.
Comprehensive Plan and Zoning Regulations: The proposed district is located within the Rural
Area of the Comprehensive Plan and is zoned RA, Rural Areas. The nearest Development Area
is the Piney Mountain Community, a distance of approximately 9 miles southeast.
The Growth Management goal identifies agricultural and forestry resources as one of the
defining elements of the Rural Area, and states that the protection of agricultural and forestry
resources is the highest priority. (Land Use Plan) A Comprehensive Plan strategy is, "Actively
promote and support voluntary measures to protect agricultural and forestry resources." (Chapter
Two)
The Open Space Plan shows the Lynch River is a Major Stream Valley which traverses the
proposed d/strict. An unnamed mountain peak which rises above the 900 foot contour is located
in the district.
Scenic and Historic Features: This is a scenic, mountainous area. There are no historic sites in
the proposed district, however there are several historic country stores and dwellings on adjacent
properties.
Environmental Benefits: This district lies within the North Fork Rivanna River watershed.
Conservation of this area maintains the environmental integrity of the County and aids in the
protection of ground and surface water, critical slopes, wildlife habitat, the historic landscape,
and open space.
StaffRecommendation: This is the first local district to be created. Staff recommends approval
of the proposed d/strict.
Advisory Committee Recommendation~. The Agricultural and Forestal Districts Advisory
Committee at its meeting on August 2, 1999 recommended unanimously to approve the new
local district, subject to resolution of the Greene County question.
PROPOSED NORTONSVILLE LOCAL AGRICULTURAL/FORESTAL DISTRICT
TM/P TOTAL USE VALUE ACREAGE OWNER DWELLINGS
ACREAGE AG FOR HORT NQ
' 8 - 26 92,575 92.575 John and P~tricia Purcell (~
TOTALS 92.575 92.575 13
ALBEMARLE
COUNTY
' ~ ":Proposed
,'~ ; .,~.l.o,~a~ a~mor District
/
I
36A
37
30
\
WHITE HALL DISTRICT
\
\
SECTION
8
Agriculturai/Forestal Districts Advisory Committee Minutes
August 2, 1999
The Chair, Stephen Murray, called the meeting to order at 7:45 p.m.
Other members of the committee present were: Joseph Jones, Vice-chair, Bruce Hogue,
Sherry Buttrick, Walter Perkins, Robert Bloch and Jacquelyne Huckle. Members absent
were: David vanRgijen, Bruce Woodzell, and Rosemary Dent. Staff present was Mary
Joy Scala, Senior Planner. Gordon Yager, District Conservationist was absent.
Review of Sugar Hollow District
Staff presented the report recommending approval. Staff noted that several hundred acres
in the district are not enrolled in the land use tax program, which often indicates that the
properties are under'conservation easements.
Ms. Buttrick confirmed that the Gilges' have 500-600 acres under easement; and Mount
Air Farm has over 600 acres under easement.
Property owners with acreage cun'ently enrolled in the district, Pete and Lois Myers,
were present at the meeting to show their support. Mr. Myers asked if there is ever
controversy regarding districts.
Ms. Butrrick explained that the Board of Supervisors has always been supportive.
Staff noted that, during reviews, occasionally a large land owner with withdraw large
acreages, thereby affecting the whole district. Recently, there has been more interest
from landowners to join districts. Staff said that Mr. Gilges called and asked about
outreach to get landowners to join.
Ms. Buttrick said we have discused doing a one page, user-friendly flyer in the past, and
would like to do that to encourage participation in districts.
Mr. Hogue suggested that the Board of Supervisors should provide a sign possibly to put
on each farm which says something like, "This farm is in the Sugar Hollow Agricultural/
Forestal District - have you joined your neighbors?"
Mr. Jones and Mr. Bloch agreed that was a good idea. Mr. Perkins said there are signs
identifying headwaters in conservation districts.
Mr. Jones noted there-was a change in ownership of the Burton place, but thought the
new owners would stay in the district.
Mr. Hogue thought that Tony Champ's vineyard would be a perfect place for a sign, with
tots of people driving by there.
Mr. Bloch moved to recommend continuation of the district.
Ms. Huckle made a second to the motion.
The Committee voted unanimously to continue the district for ten years.
Staffnoted that it would be better to do one sign per district, since there are so many
individual property owners with land enrolled in districts.
Review of the Chalk Mountain District
Staff presented the report recommending approval. Staff noted that one family called and
said they wanted to stay in the district.
Mr. Bloch made a motion to recommend continuation of the district for ten years.
Ms. Buttrick made a second to the mo~ion.
The Committee voted unanimously to continue the district for ten years.
Addition to Lanark District
Staff presented the report recommending approval. Staff noted the applicant is Purcell,
who has other forest land in the district.
Ms. Buttrick made a'motion to recommend approval of the addition.
Mr. Hogue made a second to the motion.
The committee voted unanimously to recommend approval of the addition.
Mr. Jones noted that Route 627 would be a good place for a sign, at Kluge's front gate.
Addition to Buck Mountain District
Staff presented the report recommending approval.
Mr. ~lones noted that the applicant already has other land in the district. H e recalled that
the Gibson property fell out during the last review.
Ms. Buttrick said there might be other people in the area who would want to join. She
moved to recommend approval of the addition.
Mr. Jones made a second to the motion.
The committee voted unanimously to recommend approval of the addition.
2
South Garden District
Staffpresented the report recommending approval.
Mr. Perkins asked what instigated the new district.
Ms. Buttrick said she has talked to the applicants over the years about doing an easement.
Staff said the applicants have been considering 3'oining for some time.
Ms. But'trick suggested contacting Ruben Clark about adding on.
Mr. Perkins suggested contacting John Watkins and the Yanceys.
Mr. Murray said his brother owns land which is adjacent He will contact him about
jommg. _
Ms. Buttrick suggested informing Phil Ianna (UVA Dept. of Astronomy)that we are
working on a district near Fan Mountain observatory.
Ms. Huckle asked if 3ohn Grisham owned land nearby.
Mr. Perkins asked if someone could join up until the Board date.
Ms. Buttrick said she thought we would like to have additions prior to the final approval.
Three of us have someone we can call.
Mr. Perkins asked what the advantage is of joining a district if the property is already
under easement7
Ms. Buttrick said an easement offers no land use protection.
Ms. Buttrick moved to recommend approval of the new district.
Mr. Bloch made a second to the motion.
· ,The Committee Voted unanimously to recommend app':oval of the new district.
Nortonsville Local District
Staff presented the report recommending approval.
Mr. Jones asked if there is a problem because the parcel appears to straddle the Greene
County line?
Staff said she would check into it.
Ms. Buttrick noted the large acreages adjacent to the proposed district and said it would
be useful to contact them.
Mr. Hogue made a motion to recommend approval of the new local district.
Mr. Jones made a second to the motion, pending resolution of the Greene County
question.
The Chairman called the meeting adjourned at 8:25 pm.
4
INTER
OFFICE
MEMO
To:
From:
Subject:
Date:
Melvin A. Breeden, Director of Finance ~
Laurel A. Bentley, Senior Deputy Clerk ~
Appropriations Approved on October 6, '1999
October 18, 1999
Attached are the original appropriation forms for the following items which were approved by the
Board at its meeting on October 18, 1999:
1)
2)
Appropriation: School Resource Officer, $45,786.00 (Form ~P39025)
Appropriation: Emergency Communications Office, $194,274 (Form #99036).
In addition, the Board approved the following Reappropriations: Various Funds, $11,773,078.90
(Forms ~98083, 98084, 99026, 99027, 99028, 99029, 99030, 99031,99032, 99033, 99034, 99035).
(Information already distributed by Budget Manager to department heads.)
Finally, the Board set a public hearing to amend Section 15-1101 of the County Code to establish
exemptions of certain personal property from taxation, for November 3, 1999.
Attachments
CC:
Roxanne White
Anne Gulati
Robert Walters
Kevin Castner
Jackson Zimmerman
John Miller
Larry Davis
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Reappropriation - Various Funds
SU BJ ECTIPROPOSALIREQU EST:
Request approval of appropriations: #98083, #98084,
#99026, #99027, #99028, #99029, #99030, #99031,
#99032, #99033, ~99034, and #99035, totaling
$11,773,078.90
STAFF CONTACT(S):
Messers. Tucker, Foley, Breeden,' Mss. White, Gulati
AGENDA DATE:
October 6, 1999
ACTI 0 N:
ITEM NUMBER:
INFORMATION:
CONSENT AGENDA:
ACTION: X
INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
DISCUSSION:
A preliminary review of the County's major funds shows the following results from FY 98/99 operations. Also included
below are actions which have been taken since July 1, 1999, and current requests being made at this time.
General Fund
Projected Fund Balance Based on FY 98/99 Budget Plus Actual Revenues to Budget Variance
Plus Actual Expenditures to Budget Variance (net of overexpenditures)
Preliminary Fund Balance @ 6/30/99
Less Actions Approved for FY 99/00
Budgeted Fund Balance
Remaining Fund Balance
Less Current Requests
ReapproPriations (Attachment #1: APpropriations ~99026, #99027 & #99028)
Request for Carry-Over Funds (Attachment #2: Appropriation #99029)
Remaining Fund Balance
Less Purchase of Development Rights
Remaining Available Fund Balance
$13,349,535
$2~636,984
$1,038,192
$17;024,711
($552,038)
$16;472,673
($504,432)
($465,833)
$15i502,408
($500,000)
$15~002,408
School Fund
Projected Fund Balance Based on FY 98/99 Budget
Less Actual Revenues to Budget Variance
Plus Actual Expenditures to Budget Variance
Preliminary Fund Balance @ 6/30/99
Less Actions Approved for FY 99/00
Budgeted FUnd Balance
Remaining Fund Balance
$652,404
($26,755)
$982,662
$1,608,311
($790,000)
$818,311
Less Current Requests
Reappropriation of funds for Gen. Govt. QUIP Program (Appropriation #99034)
Remaining Available Fund Balance
($9.286)
$809,025
Capital Improvements - General Government
Projected Fund Balance Based on FY 98/99 Budget
Less Actual Revenues to Budget Variance
Plus Actual Expenditures to Budget Variance
PreliminarY Fund Balance @ 6/30/99
Less Actions Approved for FY 99/00
Budgeted Fund Balance
Remaining Fund Balance
Less Current Requests
Reappropriations (Attachment #3: Appropriation #99030)
Plus Offsetting Revenues
Net Current Requests
Remaining Available Fund Balance
$100,113
($3,067,973)
$6,247,710
$3,279,85O
($20,000)
$3,259,85O
($6,247,821)
$3,143,164
($3,104,657)
$155,193
Capital Improvements -School Division
Projected Fund Balance Based on FY 98/99 Budget
Plus Actual Revenues to Budget Variance
Plus Actual Expenditures to Budget Variance
Preliminary Fund Balance @ 6/30/99
Less Actions Approved for FY 99/00
Budgeted Fund Balance
Remaining Fund Balance
Less Current Requests
Reappropriations (Attachment #3: Appropriation # 99031)
Remaining Available Fund Balance
$725,318
$456,701
$2,180,568
$3,362,587
($600,0o0)
$2,762,587
{$2.264.815)
$497,772
Capital Improvements - Stormwater
Proje~ed Fund Balance Based on FY 98/99 Budget
Plus Actual Revenues toBudgetVariance
Plus Actual Expenditures toBudgetVariance
Preliminary Fund Balance@6/30/99
Less Current Requests
Reappropriations (Attachment #3: Appropriation # 99032)
Plus Offsetting Revenues
Net Current Requests
$3,142
$49,916
$710,649
$763,707
($760,649)
$50,000
($710,649)
Remaining Fund Balance $__53,058
Tourism Fund
Projected Fund Balance Based on FY 98/99 Budget
Plus Actual Revenues to Budget Variance
Plus Actual Expenditures to Budget Variance
Preliminary Fund Balance @ 6/30/99
Less Current Requests
Reappropriations (Attachment #4: Appropriation # 99033)
Plus Offsetting Revenues
Net Current Requests
Remaining Available Fund Balance
$427
$236,566
$613,485
$850,478
($613,485)
$10,000
($603,485)
$2461993
Emergency Communications Center Fund
Reappropriation for Office Furniture at New Center (Appropriation #99035)
$40,000
Overexpenditures
Expenditures for FY 98/99 were incurred for the following in the amount of $526,759 (Appropriation #98083):
Sheriff Reimbursable Overtime Expense (Offsetting Revenue) $75,457
Sheriff - Scottsville Recovered Personnel Cost (Offsetting Revenue) $2,880
Regional Jail Due to Increased Prisoner Count $87,760
Juvenile Detention Center Due to Increased Average Daily Population $30,760
Transfer to Tourism Adjustment to Reflect Actua Revenues Received $245,550
General Govt. CIP General District Court Maintenance/Repair $225
School CIP CATEC Roof Repair (Reimbursed by City) $84,127
Subtotal $526,759
Additional expenditures for FY 98/99 were incurred for the following in the amount of $340,000 (Appropriation #98084):
CSA Required local match for foster care placement and $340,000
residential treatment
GRAND TOTAL OVEREXPENDITURES
$866,759
RECOMMENDATION:
Staffrecommends Board of Supervisors approval of the appropriations detailed on the attached appropriation forms:
#98~83~#98~84~#99~26~#99~27~#99~28~#99~29~#99~3~#99~31~#99~32~#99~33~#99~34~and~99~35~t~taling
$11,773,078.90.
99.187
Attachment #1
I. Reappropriation for outstanding prior-year purchase orders as of June 30, 1999 (Appropriation # 99026):
Various Departments I I $222,141.21
II. Reappropriation for ongoing projects from FY 98/99 (Appropriation # 99028):
Department
Board of Supervisors
Community Resources
Quality Council (in Human Resources)
Police Department
Engineering & Public Works
Planning
Office of Housing
Expenditure
Indexing System (Transferred to ClP)
Neighborhood Team
Quality Council Ongoing Initiatives
Vehicles for New Officers Not Purchased
Radar Equipment Replacement
Misc. Police Grants (Local Match)
Subtotal
$40,000
$3,8OO
$20,000
$63,800
Automart Bonds - Road & Erosion Control
Intern Assistance
Graphics Aide (Part-Time Wages)
GIS Pilot Project Contract
Development Areas Study
Contract Balances
Printing Comprehensive Plan
Filing System
New Shelving Units
Furniture Replacement
GIS Intern (Part-Time Wages)
E-911 Map Book Printing
Software Training/Building Locator
Michael Baker Contract
Subtotal
$13,000
$2,350
$30,200
$66,300
$19,700
$5,O00
$15,640
$400
$4,900
$1,845
$4,500
$4,500
$5,000
$173,335
Rent Reasonableness Database
Digital Camera
Crystal Reports
Census Tract Street Index
Subtotal
$6,340
$450
$255
$115
$7,160
Subtotal Uncompleted Activities
Grand Total With Purchase Orders
Amount
$15,000
$S,900
$1,176
$63,800
$15,920
$173,335
$7,160
$282,291
$504,432.21
III. Transfer of funding for Fiscal Impact Planner from County Executive to Planning. (Appropriation# 99027):
The addition of the Budget Manager position has created the need for office space in the County Executive's Office. To
resolve this, the Fiscal Impact Planner will move from the County Executive's Office to Planning, effective October 1, 1999.
This move is consistent with the long-range plan for the Fiscal Impact Planner position, which called for re-location to
Planning once the Fiscal Impact Office had been established to facilitate the close working relationship between Planning
and this office. Appropriation #99027 effectively transfers $32,145 in salary and benefit costs for this position to Planning.
Attachment #2
IV. Reappropriation for new projects from ~ 98/99 carry over funds. Primarily these requests are items not fund~ed
in FY 99~00 budgets, or items known to require more funding that originally requested. (Appropriation # 99029):
Department Expenditure Amount
County Executive Budget Manager Position $43,799
Registrar Two Voting Machines $10,800
Circuit Court Clerk Indexing Services $5,300
General District Court Fax Machine
Police Department
Engineering & Public Works
Planning & Community Development
Inspections
Department of Social Services
Transfer to ClP
Transfer to Stormwater
Computer Stand
Educational Classes
Subtotal
Deductible Insurance Costs
Consultants - Misc. Studies
Spring 2000 Bulky Waste Program
Groundwater Study
Subtotal
Development Areas Study
DP - GeoTerrain
Subtotal
General Building Renovations
Foster Care Worker Vehicle
COB HVAC Replacement
Band Room Renovation
Wakefield Road Improvements
Subtotal
Brookmill Stream Bank Repairs
$3,500
$25,000
$20,500
$42,000
$87,500
$8,000
$1,5oo
$9,5OO
$150,000
$25,000
$25,000
$2OO,OO0
TOTAL
$3,500
$15,ooo
$87,500
$9,500
$22,270
$18,164
$200,000
$50,000
$465,833
Attachment #3,
V. Capital Improvements
General Government CIP Fund (Appropriation # 99030)
All balances are carried forward to existing projects. The total also includes the following
transfers from the General Fund: $15,000 for indexing system software in the Board Office,
$25,000 for Wakefield Road improvements, and $175,000 for County Office Building
renovations. It also includes $50,000 for consultant studies of proposed long range capital
projects.
School CIP Fund (Appropriation # 99031 )
All balances are carried forward to existing projects
Stormwater CIP Fund (Appropriation # 99032)
All balances are carried forward to existing projects. The total also includes $50,000 transferred
from the General Fund for Brookmill Stream bank repairs.
Amount
$6,247,820.74
$2,264,81'4.62
$760,648.55
VI. Tourism Fund
Attachment #4
Tourism Fund (Appropriation # 99033):
All balances are carried forward in the following amounts to: the Visitor's Bureau ($6,000,)
undesignated tourism projects ($116,985,) and existing capital projects ($490,500.)
Amount
$613,485
APPROPRIATION REQUEST
FISCAL YEAR: 99~00
NUMBER
98083
TYPE OF APPROPRIATION:
ADDITIONAL
TRANSFER
NEW
X
ADVERTISEMENT REQUIRED ?
YES
NO X
FUND: VARIOUS
PURPOSE OF APPROPRIATION:
FUNDING FOR FY 98199 OVEREXPENDITURES.
CODE
EXPENDITURE
DESCRIPTION AMOUNT
1 1000 31020 129900SHERIFF OVERTIME-REIMBURSABLE $75,457.00
I 1000 31021 120000 SCOTTSVILLE-SHERIFF OVERTIME WAGES 2,880.00
1 1000 33020 700002 REGIONAL JAIL 87,760.00
1 1000 39000 563400 JUVENILE DETENTION CTR 30,760.00
1 1000 79000 930209 TRANSFER TO TOURISM 245,550.00
1 9010 21020 331000 C.I.P. GENERAL DISTRICT COURT 225.00
1 9000 60202 800901 C.I.P. BROWNSVILLE 415.00
1 9000 60215 800605C.I.P. AGNOR-HURT 120.00
1 9000 60251 800901 C.I.P. BURLEY 3,225.00
1 9000 60410 800901 C.I.P. CATEC 154,000.00
1 9000 62420 800949 C.I.P. FACILITESMAINT. -73,633.00
TOTAL $526,759.00
REVENUE
CODE DESCRIPTION AMOUNT
2 1000 51000 510100 GENERAL FUND FUND BALANCE $442,407.00
2 9010 51000 510100 C.I.P.-GENERAL FUND BALANCE 225,00
2 9000 19000 160502 C.I.P.-SCHOOL CITY OF CHARLOTTESVILLE-CATE 84,127,00
TOTAL $526,759.00
REQUESTING COST CENTER: FINANCE
APPROVALS:
DIRECTOR OF FINANCE
BOARD OF SUPERVISORS
SIGNATURE
DATE
SEPT 7,1999
APPROPRIATION REQUEST
FISCAL YEAR: 98~99
NUMBER
98084
TYPE OF APPROPRIATION:
ADDITIONAL
TRANSFER
NEW
X
ADVERTISEMENT REQUIRED ?
YES
NO X
FUND: C S A/GENERAL
PURPOSE OF APPROPRIATION:
APPROVAL OF FY 98~99 OVEREXPENDITURE.
EXPENDITURE
CODE DESCRIPTION AMOUNT
1 1551 53120 581102 C S A MAN RES THERAP FC OTHER 202,000.00
1 1551 53120 581601 C S A MAN NRES SPEC ED PRIV DAY 138,000.00
TOTAL $ 340,000.00
REVENUE
CODE DESCRIPTION AMOUNT
2 1551 51000 512001 TRANSFER FROM EDUCATON $ 161,735.00
2 1551 51000 512016 TRANSFER FROM SOCIAL SERVICES 170,000.00
2 1551 51000 510100 C S A FUND BALANCE 8,265.00
TOTAL $340,000.00
TRANSFERS
1 1000 53013 930206 TRANSFER TO CSA $170,000.00
2 1000 51000 510100 GENERAL FUND BALANCE 170,000.00
REQUESTING COST CENTER: SOCIAL SERVICES
APPROVALS:
DIRECTOR OFFINANCE
BOARD OF SUPERVISORS
SIGNATURE
DATE
APPROPRIATION REQUEST
FISCAL YEAR:
99/00
NUMBER
99026
TYPE OF APPROPRIATION:
ADDITIONAL
TRANSFER
NEW
X
ADVERTISEMENT REQUIRED ?
YES
NO X
FUND: GENERAL
PURPOSE OF APPROPRIATION:
REAPPROPRIATION FOR OUTSTANDING PRIOR YEAR PURCHASE ORDERS.
CODE
1 1000 12142
1 1000 32012
1 1000 32013
1 1000 32015
1 1000 32015
1 1000 41000
1 1000 41000
1 1000 41000
1 1000 41000
1 1000 43002
1 1000 43002
1 1000 43002
1 1000 53011
1 1000 53011
1 1000 81010
1 1000 81010
1 1000 81010
1 1000 81010
EXPENDITURE
DESCRIPTION AMOUNT
800200 FINANCE
601500 FIRE/RESCUE
600900 FIRE/RESCUE
800300 FIRE/RESCUE
800300 FIRE/RESCUE
312700 ENGINEERING
312700 ENGINEERING
312700 ENGINEERING
312700 ENGINEERING
312372 PUBLIC WORKS
331200 PUBLIC WORKS
332200 PUBLIC WORKS
332115 VPA
800710 VPA
301210 PLANNING
312342 PLANNING
312700 PLANNING
312700 PLANNING
FURNITURE & FIXTURES
MERCHANDISE FOR RESALE
VEHICLE & EQUIP. SUPPLIES
COMMUNICATION EQUIPMENT
COMMUNICATION EQUIPMENT
PROF. SER. CONSULTANTS
PROF. SER. CONSULTANTS
PROF. SER. CONSULTANTS
PROF. SER. CONSULTANTS
LANDSCAPING
R&M EQUIP.-BUlLDINGS
MAINT. CONTRACT-BUILDING
MAINT. CONTRACT-SOFTWARE
DATA PROCESSING SOFTVVARE
CONTRACT SERVICES
DEVELOPMENT AREA'S STUDY
PROF. SER. CONSULTANTS
PROF. SER. CONSULTANTS
$1,149.00
822.00
819.35
1 980.00
2,758.00
677.50
995.50
43,035.00
3,054.50
10.125.00
539.50
10.815.00
3.750.00
26,040.00
29 624.66
66.293.92
5,400.00
14,262.28
CODE
2 1000 51000
TOTAL $222,141.21
REVENUE
DESCRIPTION AMOUNT
510100 GENERAL FUND FUND BALANCE $222,141.21
REQUESTING COST CENTER:
TOTAL $222,141.21
FINANCE
APPROVALS: SIGNATURE
o..,.A.C.
BOARD OF SUPERVISORS ~~_~/_ '.~.--~
DATE
SEPT 7,1999
APPROPRIATION REQU EST
FISCAL YEAR: 99~00
NUMBER
99027
TYPE OF APPROPRIATION:
ADDITIONAL
TRANSFER
NEW
X
ADVERTISEMENT REQUIRED ?
YES
NO X
FUND: GENERAL
PURPOSE OF APPROPRIATION:
TRANSFER OF FUNDING FOR FISCAL IMPACT PLANNER FROM COUNTY EXECUTIVE TO PLANNING.
EXPENDITU RE
CODE DESCRIPTION AMOUNT
1 1000 81010 110000 PLANNING SALARY $25,327.00
1 1000 81010 210000 PLANNING FICA 1,937.00
1 1000 81010 221000 PLANNING VRS 2,842.00
I 1000 81010 231000 PLANNING HEALTH INSURANCE 1,936.00
1 1000 81010 232000 PLANNING DENTAL INSURANCE 62.00
1 1000 81010 270000 PLANNING WORKERS COMP. 41.00
1 1000 12010 110000 COUNTY EXECUTIVE SALARY
1 1000 12010 210000 COUNTY EXECUTIVE FICA -25,327.00
I 1000 12010 221000 COUNTY EXECUTIVE VRS -1,937.00
1 1000 12010 231000 COUNTY EXECUTIVE HEALTH INSURANCE -2,842.00
1 1000 12010 232000 COUNTY EXECUTIVE DENTAL INSURANCE ol,936.00
I 1000 12010 270000 COUNTY EXECUTIVE WORKERS COMP. -62.00
-41.00
TOTAL $0.00
REVENUE
CODE DESCRIPTION AMOUNT
TOTAL $0.00
REQUESTING COST CENTER: COUNTY EXECUTIVE
APPROVALS:
DIRECTOR OF FINANCE
BOARD OF SUPERVISORS
SIGNATURE
DATE
SEPT 7,1999
APPROPRIATION REQUEST
FISCAL YEAR: 99~00
NUMBER
99028
TYPE OF APPROPRIATION:
ADDITIONAL
TRANSFER
NEW
X
ADVERTISEMENT REQUIRED ?
YES
NO X
FUND: GENERAL
PURPOSE OF APPROPRIATION:
REAPPROPRIATION FOR ONGOING PROJECTS FROM FY 98~99.
EXPENDITURE
CODE DESCRIPTION
AMOUNT
1 1000 11010 930010 BOARD OF SUPERVISO TRANSFER TO C.I.P. $15,000.00
I 1000 12013 560416 COMM. RELATIONS NEIGHBORHOOD TEAM 5,900.00
1 1000 12030 580040 QUALITY COUNCIL Q/C INITIATIVES 1,176.00
1 1000 31012 930210 POLICE MISC. POLICE GRANTS 20,000.00
1 1000 31013 800312 POLICE RADAR EQUIPMENT-REPLACEMEN 3,800.00
1 1000 31013 800500 POLICE MOTOR VEHICLES 40,000.00
I 1000 41000 950023 PUBLIC WORKS AUTOMARTBONDS 15,920.00
I 100,0 81010 130000PLANNING GRAPHICS AIDE-P/T WAGES 2,350.00
I 1000 81010 160801 PLANNING COMP.-WORK STUDY 13,000.00
1 1000 81010 301210 PLANNING CONTRACT SERVICES 30,200.00
I 1000 81010 312342 PLANNING DEVELOPMENT AREAS STUDY 66,300.00
I 1000 81010 312700 PLANNING PROF. SERVICES-CONSULTANTS 19,700.00
1 1000 81010 350000 PLANNING PRINTING ANDBINDING 5,000.00
I 1000 81010 800100 PLANNING MACH. & EQUIPMENT 15,640.00
1 1000 81010 800200 PLANNING FURNITURE&FIXTURES 400.00
1 1000 81010 800201 PLANNING FURNITURE & FIXTURES-REPLAC. 4,900.00
I 1000 81017 130000PLANNING P/TWAGES 1,845.00
1 1000 81017 350000PLANNING PRINTING AND BINDING 4,500.00
1 1000 81017 550400 PLANNING EDUCATION 4,500.00
I 1000 81030 312701 HOUSING D/PCONSULTANTS 6,340.00
I 1000 81030 800100 HOUSING MACH. &EQUIPMENT 820.00
1 1000 81302 310000 PLANNING PROF. SERVICES 5,000.00
TOTAL $282,291.00
REVENUE
CODE DESCRIPTION AMOUNT
2 1000 51000 510100 GENERAL FUND FUND BALANCE $282,291.00
TOTAL $282,291.00
REQUESTING COST CENTER:
APPROVALS:
DIRECTOR OF FINANCE
BOARD OF SUPERVISORS
VARIOUS
SIGNATURE
DATE
SEPT 7 1999
APPROPRIATION REQUEST
FISCAL YEAR: 99/00
NUMBER
99029
TYPE OF APPROPRIATION:
ADDITIONAL
TRANSFER
NEW
X
ADVERTISEMENT REQUIRED ?
YES
NO
X
FUND: GENERAL
PURPOSE OF APPROPRIATION:
REAPPROPRIATION FOR NEW PROJECTS FROM FY 98/99 CARRYOVER FUNDS.
EXPENDITURE
CODE DESCRIPTION
1 1000 12010 110000 COUNTY EXECUTIVE SALARY
1 1000 12010 210000 COUNTY EXECUTIVE FICA
1 1000 12010 221000 COUNTY EXECUTIVE VRS
I 1000 12010 231000 COUNTY EXECUTIVE HEALTH INSURANCE
1 1000 12010 270000 COUNTY EXECUTIVE WORKERS COMP.
1 1000 12010 800100 COUNTY EXECUTIVE EQUIPMENT
1 1000 12010 800700 COUNTY EXECUTIVE DP EQUIPMENT
1 1000 81010 332104 PLANNING DP MAINTENANCE
1 1000 81010 350000PLANNING PRINTING AND BINDING
1 1000 81010 520100 PLANNING POSTAL SERVICES
I 1000 81010 520300 PLANNING TELECOMMUNICATIONS
1 1000 81010 520302 PLANNING LONG DISTANCE
I 1000 81010 550400 PLANNING TRAVEL-EDUCATION
1 1000 81010 580100 PLANNING DUES/MEMBERSHIP
1 1000 81010 600100 PLANNING OFFICE SUPPLIES
I 1000 81010 601200 PLANNING BOOKS/SUBSCRIPTONS
1 1000 81010 601600 PLANNING DP SUPPLIES
1 1000 81010 601700 PLANNING COPY SUPPLIES
I 1000 81010 800200 PLANNING FURNITURE
I 1000 13020 800100 VOTER REGISTATION EQUIPMENT
1 1000 21060 350300 CLERK OF COURT INDEXING SERVICES
1 1000 21020 800100 GENERAL DISTRICT CT. EQUIPMENT
1 1000 31013 530010 POLICE
1 1000 41000 312700 PUBLIC WORKS
1 1000 41000 312341 PUBLIC WORKS
I 1000 42040 510430 PUBLIC WORKS
I 1000 81010 312342 PLANNING
1 1000 81017 800710 PLANNING
I 1000 34000 800901 INSPECTIONS
I 1000 53013 800501 SOClAL SERVlCES
1 1000 93010 930010TRANSFER
1 1000 93010 930202TRANSFER
AMOUNT
$29,541.00
2,703.00
3,885.00
1,935.00
55.00
100.00
2,575.00
150.00
30.00
130.00
130.00
120.00
135.00
120.00
190.00
130.00
60.00
310.00
1,500.00
10,800.00
5 300.00
INSURANCE DEDUCTIBLES
CONSULTANTS
GROUND WATER STUDY
TIPPING FEES
DEVELOPMENT AREAS STUDY
DIP SOFTWARE
BUILDING RENOVATIONS
VEHICLE-REPLACEMENT
TRANSFER TO CIP
TRANSFER TO STORMWATER
3,500.00
15,000.00
25,000.00
42,000.00
20,500.00
8,000.00
1,500.00
22,270.00
18 164.00
200,000.00
50 000.00
TOTAL $465 833.00
REVENUE
CODE DESCRIPTION AMOUNT
2 1000 51000 510100 GENERAL FUND FUND BALANCE $465,833.00
TOTAL $465,833.00
REQUESTING COST CENTER: VARIOUS
APPROVALS:
DIRECTOR OF FINANCE
BOARD OF SUPERVISORS
SIGNATURE
DATE
SEPT 7,1999
APPROPRIATION REQUEST
FISCAL YEAR: 99~00
NUMBER
99030
TYPE OF APPROPRIATION:
ADDITIONAL
TRANSFER
NEW
X
ADVERTISEMENT REQUIRED ?
YES
NO
X
FUND: C.I.P.-GENERAL
PURPOSE OF APPROPRIATION:
REAPPROPRIATION FOR ONGOING PROJECTS FROM FY 98/99.
EXPENDITURE
CODE DESCRIPTION
1 9010 "2140 950004 DIRECTOR OF FINANCE
1 9010 12200 800700 INFORMATION SERVICE
1 9010 21000 312343 COURT FACILITIES
1 9010 21000 331000 COURT FACILITIES
1 9010 21050 331000 JUVENILE COURT
I 9010 31000 800305 PUBLIC SAFETY
1 90~0 31010 800910 POLICE DEPT
1 9010 31010 950106 POLICE DEPT
I 9010 31040 800650 EOC-OPERATIONS
1 9010 32010 800523 FIRE DEPART
1 9010 32010 950092 FIRE DEPART
1 9010 41000 312700 ENGINEERIN~
I 9010 41000 800690 ENGINEERING
I 9010 41000 800960 ENGINEERING
1 9010 41000 800961 ENGINEERING
I 9010 41000 800962 ENGINEERING
I 9010 41000 800963 ENGINEERING
1 9010 41000 800964 ENGINEERING
I 9010 41000 800966 ENGINEERING
1 9010 41000 950035 ENGINEERING
1 9010 41000 950039 ENGINEERING
1 9010 41000 950059 ENGINEERING
1 9010 41000 950061 ENGINEERING
I 9010 41000 950090 ENGINEERING
I 9010 41000 950091 ENGINEERING
I 9010 41020 950024 STREET IMP
I 9010 41020 950051 STREET IMP
I 9010 41020 950068 STREET IMP
I 9010 41020 950081 STREET IMP
1 901.0 43100 800666 PUBLIC WORKS
1 9010 43100 950042 PUBLIC WORKS
1 9010 43100 950102 PUBLIC WORKS
I 9010 43100 950103 PUBLIC WORKS
1 9010 71000 800665 PARKS & REC
I 9010 71000 800668 PARKS & REC
I 9010 71000 800949 PARKS & REC
AMOUNT
ASSESSMENT SYSTEM
ADP EQUIPMENT
SPACE NEEDS STUDY
REPAIRS & MAINTENANCE
REPAIRS & MAINTENANCE
RADIO SYSTEM
FIRING RANGE
NCIC UPGRADE
BUILDINGS-CONSTRUCTION
FIRE PUMPER-REPLACEMENT
FIRE HOUSE/AERIAL FIRE AP
CONSULTANTS
SIDEWALK IMPROVEMENT PROG
STREET LIGHTS
ST. LTS.HYDRAU./COMMONWEA
ST. LTS. HYDRAU/GEORGETOWN
ST LTS-WHITEWOOD/GEO RGTN.
ST LTS-GEO RGTN/COM MONWEA.
ST. LTS.-GREENBRIAR/HYDR.
NORTH BERKSHIRE ROAD
MEADOWCREEK PARKWAY ENGIN
KEENE LANDFILL CLOSURE
MEADOWCREEK PATH
IVY ROAD
BARRACKS RD SIDEWALK
LANDSCAPING-29 NORTH
AVON ST RT 20 CONNECTOR
WAKEFIELD ROAD IMPROVEMENT
REVENUE SHARING ROADS
FACILITY MAINT.
UNDERGROUND STORAGE TANKS
C.O.B. PARKING LOT
CROZET SCH-ROOF/GYM AREA
ADA STRUCTURAL CHANGES
ADA CHANGES-SCHOOLS
MAINTENANCE PROJECTS
$100 376.94
34 931.85
55 000.00
1 000.00
23 219.65
3,166 837.00
30 000.00
15 000.00
103,197.20
250,000.00
209,555.46
50,000.00
99,122.50
36,819.30
16,000.00
16,000.00
12,000.00
16,000.00
1,750.00
5,137.00
24,275.41
151,872.30
20,000.00
51,667.00
46,933.25
93,863.22
6,600.00
25,000.00
564,888.90
175,579.25
12,420.75
3,000.00
20,000.00
66,007.51
4.074.00
34.547.20
1 9010 71000 950003 PARKS & REC CROZET PARK IMPROVEMENTS 6,453.49
1 9010 71000 950009 PARKS & REC SCOTTSV COMMUNITY CENTER 1,854.97
1 9010 71000 950028 PARKS & REC RED HILL RECREATION IMP 7,400.57
I 9010 71000 950033 PARKS & REC WALNUT CREEK REC PROJECTS 40,000.00
1 9010 71000 950034 PARKS & REC TOWE PARK REC PROJECTS 135 304.75
I 9010 71000 950044 PARKS & REC ATH. FIELD STUDY/DEVEL 95,460.66.
I 9010 71000 950050 PARKS & REC SOUTHERN PARK DEVELOPMENT 52,862.47
I 9010 71000 950063 PARKS & REC MONTICELLO HIS FACILITIES 8,162.23
I 9010 71000 950064 PARKS & REC IVY LANDFILL DEV'L 30,000.00
I 9010 71000 950079 PARKS & REC STONE ROBINSON REC. IMP. 66,461.03
1 9010 73020 800700 LIBRARIES ADP EQUIPMENT 116,438.00
1 9010 73020 800949 LIBRARIES MAINTENANCE PROJECTS 73,361.00
1 9010 73020 950076 LIBRARIES NORTH BRANCH LIBRARY 4,223.10
1 9010 81010 950053 PLANNING NEIGHBORHOOD PLAN 67,162.78
TOTAL $6,247,820.74
REVENUE
CODE DESCRIPTION AMOUNT
2 9010 16000 160529 CHARGES FOR SERVIC CITY-JUVENILE DETENTION $2,592.50
2 9010 18000 189916 MISC CHAMBER OF COM./29 NORTH 12,000.00
2 9010 24000 240231 CATEGC)RICALAID VA. DEPT. OF TRANSPORTATION 75,705.53
2 9010 24000 240430 CATEGORICAL AID VDOT-250ELANDSCAPING 5,572.84
2 9010 41000 410500 NONREVENUE LOAN PROCEEDS 2,094,668.00
2 9010 51000 510100TRANSFERS APPROPRIATION-FUNDBAL 3,104,656.87
2 9010 51000 512004TRANSFERS TRANSFER-GENERALFUND 215,000.00
2 9010 51000 512023 TRANSFERS TRANSFER FROM E911 737,625.00
TOTAL $6,247,820.74:
REQUESTING COST CENTER: VARIOUS
APPROVALS:
DIRECTOR OF FINANCE
BOARD OF SUPERVISORS
SIGNATURE
DATE
SEPT 7,1999
APPROPRIATION REQUEST
FISCAL YEAR: 99~00
NUMBER
99031
TYPE OF APPROPRIATION:
ADDITIONAL
TRANSFER
NEW
X
ADVERTISEMENT REQUIRED ?
YES
NO
X
FUND: C.I.P.-SCHOOL
PURPOSE OF APPROPRIATION:
REAPPROPRIATION FOR ONGOING PROJECTS FROM FY 98~99.
CODE
9000 60100 800665
9000 60100 950042
9000 60100 950051
9000 60203 312350
9000 60203 800200
9000 60203 800605
9000 60204 800673
9000 60210 800605
9000 60211 800901
9000 60211 800987
9000 60214 800605
9000 60217 312350
9000 60252 800605
9000 60253 800901
9000 60254 800901
9000 60255 800200
9000 60301 800605
9000 60302 800605
9000 60303 800901
9000 60304 312350
9000 60304 800120
9000 60304 800200
9000 60304 800605
9000 60304 800700
9000 60304 800965
9000 60410 800605
9000 60410 800665
9000 60510 800901
9000 60510 950042
9000 61101 800700
9000 61101 800707
9000 62190 800700
9000 62420 312310
9000 62420 800672
9000 62420 800949
EXPENDITURE
DESCRIPTION
SCHOOL BOARD
SCHOOL BOARD
SCHOOL'BOARD
CROZET ELEM
CROZET ELEM
CROZET ELEM
GREER ELEM
STONE ROBINSON
STONY POINT
STONY POINT
CALE ELEM
NORTHERN ELEM
HENLEY MIDDLE
JOUETT MIDDLE
WALTON MIDDLE
SUTHERLAND
ALBEMARLE
W ALBEMARLE
MURRAY EDUC
MONTICELLO
MONTICELLO
MONTICELLO
MONTICELLO
MONTICELLO
MONTICELLO
C.A.T.E.C
C.A.T.E.C
VEHICLE MAINT
VEHICLE MAINT
CLASS/INST
C LASS/I N ST
ADM.-TECH
FACILITY MAINT
FACILITY MAINT
FACILITY MAINT
AMOUNT
ADA STRUCTURAL CHANGES
UNDERGROUND STORAGE TANKS
AVON ST RT 20 CONNECTOR
ENGINEERINGIPLANNING
FURNITURE & FIXTURES
CONSTRUCTION
HVAC IMPROVEMENTS
CONSTRUCTION
BUILDING RENOVATIONS
PARKING/PLAYGROUND
CONSTRUCTION
ENGINEERI NG/PLANNING
CONSTRUCTION
BUILDING RENOVATIONS
BUILDING RENOVATIONS
FURNITURE & FIXTURES
CONSTRUCTION
CONSTRUCTION
BUILDING RENOVATIONS
ENGINEERING/PLANNING
EQUIPMENT/MATERIALS
FURNITURE & FIXTURES
CONSTRUCTION
ADP EQUIPMENT
TRAFFIC LIGHT
CONSTRUCTION
ADA STRUCTURAL CHANGES
BUILDING RENOVATIONS
UNDERGROUND STORAGE TANKS
ADP EQUIPMENT
TECHNOLGY GRANT EQUIPMENT
ADP EQUIPMENT
A&E ROOF REPLACEMENT
CHILLERS
MAINTENANCE PROJECTS
$341 213.66
$2 265.00
5065.13
5 000.00
7431.01
22 836.09
19317.27
348 000.00
20 000.00
10.000.00
628.30
428,679.50
111,317.22
12,000.00
30 393.07
1,486.92
62,596.74
153 991.79
13,341.03
11 726.81
41,321.01
5 220.03
196 910.35
19 848.22
34 243.85
1 402.98
14 000.00
90 266.76
60 482.23
71 303.54
2 000.00
3 917.78
18 000.00
19 326.75
78 281.58
TOTAL $2 264,814.62
REVENUE
CODE DESCRIPTION AMOUNT
2 9000 51000 510100TRANSFERS APPROPRIATION-FUNDBAL $2,264,814.62
TOTAL $2,264,814.62
REQUESTING COST CENTER: EDUCATION
APPROVALS:
SIGNATURE
DATE
SEPT 7,1999
APPROPRIATION REQUEST
FISCAL YEAR: 99/00
NUMBER
99032
TYPE OF APPROPRIATION:
ADDITIONAL
TRANSFER
NEW
X
ADVERTISEMENT REQUIRED ?
YES
NO
X
FUND: STORM WATER
PURPOSE OF APPROPRIATION:
REAPPROPRIATION FOR ONGOING PROJECTS FROM FY 98/99.
EXPENDITURE
CODE DESCRIPTION
1 9100 41000 800975 ENGINEERING
1 9100 41000 950093 ENGINEERING
1 9100 41035 312400 FOUR SEASONS
1 9100 41035 800975 FOUR SEASONS
1 9100 41036 312400 BIRNAM/WYNRIDGE
1 9100 41036 800975 BIRNAM/WYNRIDGE
I 9100 41049 800975WOODBROOK
I 9100 41053 800975 PEYTONDRIVE
1 9100 41056 800975 BROOKMILL
AMOUNT
STORM WATER CONTROL IMP
DRAINAGE STUDY/PLAN
PROF. SER. ENGINEERING
STORM WATER CONTROL IMP
PROF. SER ENGINEERING
STORM WATER CONTROL IMP
STORM WATER CONTROL IMP
STORM WATER CONTROL IMP
STORM WATER CONTROL IMP
$141 244.06
351 606.70
7 313.36
104 653.70
12 641.45
55 142.28
28 035.O0
10,012.00
50,000.00
TOTAL $760,648.55
REVENUE
CODE DESCRIPTION AMOUNT
2 9100 51000 510100TRANSFERS APPROPRIATION-FUNDBAL $710,648.55
2 9100 51000 512004TRANSFERS TRANSFER-GENERALFUND 50.000.00
TOTAL $760,648.55
REQUESTING COST CENTER: FINANCE
APPROVALS: SIGNATURE
o.
DATE
SEPT 7,1999
APPROPRIATION REQUEST
FISCAL YEAR: 99~00
TYPE OF APPROPRIATION:
ADVERTISEMENT REQUIRED ?
FUND:
PURPOSE OF APPROPRIATION:
NUMBER
ADDITIONAL
TRANSFER
NEW
X
YES
NO X
TOURISM
99033
REAPPROPRIATION FOR ONGOING PROJECTS FROM FY 98199.
EXPENDITURE
CODE DESCRIPTION AMOUNT
I 1810 72030 568900 TOURISM VISITOR'S BUREAU $6,000.00
1 1810 72030 568905 TOURISM TOURISM PROJECTS 116,985.00
1 1810 72030 950026TOURISM RIVANNAGREENWAY 375,000.00
1 1810 72030 950055 TOURISM RT 250/616 TURN LANE 110,000.00
I 1810 72030 950056 TOURISM IVY ROAD BIKE LANES 5,500.00
TOTAL $613,485.00
REVENUE
CODE DESCRIPTION AMOUNT
2 1810 18000 181108MISC CONTRIBUTIONS-DEVELOPER $10,000.00
2 1810 51000 610100TRANSFERS APPROPRIATION-FUNDBAL 603,485.00
TOTAL $613,485.00
REQUESTING COST CENTER: FINANCE
APPROVALS: SIGNATURE
BOARD OF SUPERVISOR i .//¢¢2¢__~
/
DATE
SEPT 7,1999
APPROPRIATION REQUEST
FISCAL YEAR: 99~00
TYPE OF APPROPRIATION:
ADVERTISEMENT REQUIRED ?
FUND:
PURPOSE OF APPROPRIATION:
NUMBER
ADDITIONAL
TRANSFER
NEW
YES
NO
SCHOOL
REAPPROPRIATION OF FUNDS FOR QUIP PROGRAM.
99034
X
X
EXPENDITURE
CODE DESCRIPTION AMOUNT
1 2114 61311 312390 EDUCATION QUIP $9,285.78
TOTAL $9,285.78
REVENUE
CODE DESCRIPTION AMOUNT
2 2000 51000 510100 SCHOOL FUNDBALANCE $9,285.78
TOTAL $9,285.78
REQUESTING COST CENTER: COUNTY EXECUTIVE
APPROVALS: SIGNATURE
BOARD OF SUPERVISORS ~_~7;_~:~-~/~--~:¢¥~-/"
DATE
SEPT 7,1999
APPROPRIATION REQUEST
FISCAL YEAR: 99~00
TYPE OF APPROPRIATION:
ADVERTISEMENT REQUIRED ?
FUND:
PURPOSE OF APPROPRIATION:
NUMBER
ADDITIONAL
TRANSFER
NEW
YES
NO
EMERGENCY OPERATIONS CENTER
REAPPROPRIATION OF FUNDS FOR OFFICE FURNITURE AT NEW CENTER.
99035
X
EXPENDITURE
CODE DESCRIPTION AMOUNT
1 4100 31041 800200 EMER. OPR. CENTER OFFICE FURNITURE $40,000.00
TOTAL $40,000.00
REVENUE
CODE DESCRIPTION AMOUNT
2 4100 51000 510100 SCHOOL FUNDBALANCE $40,000.00
TOTAL $40,000.00
REQUESTING COST CENTER: EMER. OPR. CENTER
APPROVALS: SIGNATURE
BOARD OF SUPERVISORS~~ ~_~ ~ ~.,:-~.,./'
DATE
SEPT 20,1999
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Appropriation - School Resource Officer
Grant 00-A3377
SUBJECT/PROPOSAL/REQUEST:
Request approval of Appropriation 99025 in the amount of
$45,786.00.
AGENDA DATE:
October 6, 1999
ACTION:
CONSENT AGENDA:
ACTION: X
ATTACHMENTS: Yes
STAFF CONTACT(S): REVIEWED. BY: x/~'~
Messrs.Tucker,Morgan,Bree, den,Walters,Miller, Ms. White . ~ ~'" '
ITEM NUMBER:
INFORMATION:
INFORMATION:
BACKGROUND:
An increase in the presence of additional School Resource Officers (SRO's) at the middle school level has been identified by
staff and community members as an area of ongoing need. Funding for one officer has been procured by a Virginia Department
of Criminal Justice Services grant. The grant will be administered by the Police Department and will cover 75% of salary and
benefits. It is renewable for an additional 3 years.
DISCUSSION:
The position will be funded by a $34,339.00 grant and local match of $11,447.00. The local match will be funded by the School
Board reserve. Additional equipment, training, and other operational costs will be funded by the Police Department bu~dget.
An additional appropriation is not required for other operational costs.
RECOMMENDATION:
Staff recommends approval of appropriation 99025 in the amount of $45,786.00.
99.178
APPROPRIATION REQUEST
FISCAL YEAR: 99~00
NUMBER
99025
TYPE Of APPROPRIATION:
ADDITIONAL
TRANSFER
NEW
X
ADVERTISEMENT REQUIRED ?
YES
NO X
FUND: SCHOOL
PURPOSE OF APPROPRIATION:
TRANSFER TO COVER LOCAL SHARE OF SCHOOL RESOURCE OFFICIER(S) AT MIDDLE SCHOOLS.
CODE
1 2410 60100 999981
1 2431 93010 930000
EXPENDITURE
DESCRIPTION AMOUNT
School Bd Reserve -$11,447.00
SRO Transfer $11,447.00
1 1000 31013 110000SALARIES 35,607.00
1 1000 31013 210000 FICA 2724.00
1 1000 31013 221000VRS 3~995.00
1 1000 31013 231000 HEALTH INS. 2,716.00
1 1000 31013 232000 DENTAL INS. 82.00
1 1000 31013 270000 WORKER'S COMP. 662.00
TOTAL $45,786.00
REVENUE
CODE DESCRIPTION AMOUNT
2 1000 33000 330406 S R O GRANT $34,:339.00
2 1000 51000 510307 TRS.-SCHOOL RESOURCE OFFIClER 11,447.00
TOTAL $45,786.00
TRANSFERS
REQUESTING COST CENTER: EDUCATION
APPROVALS:
DIRECTOR OF FINANCE
BOARD OF SUPERVISORS
SIGNATURE
/
DATE
SEPT. 20, 1999,
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Appropriation - Emergency Communications Center
SU BJ ECTIPROPOSAL/REQUEST:
Request approval of appropriation #99036 in the
amount of $194,274.00 for funding from the Wireless
E911 Service Board
STAFF CONTACT(s):
Messrs. Tucker, Hanson, Breeden, Ms. White
AGENDA DATE:
October 6, 1999
ACTION:
CONSENT AGENDA:
ITEM NUMBER:
INFORMATION:
ACTION: X INFORMATION:
ATTACH M E NTS: Yes
REVIEWED BY:
BACKGROUND:
Effective July 1, 1998, the State enacted legislation imposing a seventy-five cent ($0.75) monthly E-911 tax
on wireless telephones. The State also established a Wireless E-911 Service Board to receive this revenue
and to establish guidelines for disbursing these fund to localities and wireless carriers. These funds must
be used to implement and operate a system locally to receive wireless E-911 calls which normally are routed
to the State Police. The Albemarle County Director of Finance, Melvin A. Breeden, was appointed to this
Service Board in 1998 by Governor Gilmore.
DISCUSSION:
Mr. Tom Hanson, Director of the Emergency Communications Center made application on behalf of
Albemarle County and the City of Charlottesville for FY 1999/2000 funding in the amount of $194,274. This
amount was based on an estimate that 10% of E-911 calls originated from wireless telephones, plus the fixed
cost for phone service and equipment. The first quarterly installment in the amount of $48,568.50 has been
received.
RECOMMENDATION:
Staff recommends approval of appropriation #99036 in the amount of $194,274 to implement this project.
99.180
APPROPRIATION REQUEST
FISCAL YEAR: 99/00
NUMBER
99036
TYPE OF APPROPRIATION:
ADDITIONAL
TRANSFER
NEW
X
ADVERTISEMENT REQUIRED ?
YES
NO X
FUND:
EMERGENCY COMMUNICATIONS CENTER
PURPOSE OF APPROPRIATION:
APPROPRIATION OF FUNDING FROM WIRELESS E-911 SERVICE BOARD.
EXPENDITURE
CODE DESCRIPTION AMOUNT
1 4100 31040 114302ECC-OPERATIONS SALARIES $116,836.00
1 4100 31046 520311 E C C-WIRELESS WIRELESS-LOCAL CARRIER 6,134.00
1 4100 31046 800300 E C C-WIRELESS COMMUNICATION EQUIPMENT 49,804.00
1 4100 31046 800302 E C C-WIRELESS COMMUNICATION EQUIP.-UPGRAD 21,500.00
TOTAL $194,274.00
REVENUE
CODE DESCRIPTION AMOUNT
2 4100 24000 240424 WIRELESS E-911 SERVICE BD. $194,274.00
TOTAL $194,274.00
REQUESTING COST CENTER: EMER. COMM. CENTER
APPROVALS: SIGNATURE
BOARD OF SUPERVISORS
/
DATE
SEPT 23,1999
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Amendment of Personal Property Tax Exemptions
SUBJECT/PROPOSALIREQUEST:
Authorize public hearing to amend Section 15-1101 of the
County Code establishing exemptions of certain personal
property from taxation.
STAFF CONTACT(S):
Messrs. Tucker, Davis, Breeden
AGENDA DATE:
October 6, 1999
ACTION:
CONSENT AGENDA:
ITEM NUMBER:
INFORMATION:
ACTION: X INFORMATION:
BACKGROUND:
ATTACHMENTS:
REVIEWED BY:
Virginia Code § 58.1-3504 provides that household goods and personal effects is a separate class of personal property
for tax purposes and provides that the governing body of a county, by ordinance, may exempt all such personal
property from taxation. Albemarle County adopted such an ordinance exempting such household and personal effects
in Albemarle County Code § 15-1101. Recently, Virginia Code § 58.1-3504 was amended to add "antique motor
vehicles" to the list of separately classified household goods and personal effects. The County Code has not been
amended to reflect this change.
DISCUSSION:
Because Virginia Code § 58.1-3504 requires that if a locality elects to exempt any household goods and personal
effects, it must exempt "all" of the classes of household goods and personal effects identified by Section 58.1-3504,
the County must amend its Code to include antique motor vehicles to conform to the Virginia Code's definition of
personal and household goods eligible for exemption.
RECOMMENDATION:
Staff recommends that the Board set a public hearing for the attached Ordinance amending and reordaining
Section 15-1101 on November 3, 1999.
99.182
ORDINANCE NO. 99-15( )
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 15, TAXATION, ARTICLE XI,
PERSONAL PROPERTY--IN GENERAL, OF THE CODE OF THE COUNTY OF
ALBEMARLE, VIRGINIA.
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that
Chapter 15, Taxation, Article XI, Personal Property--In General, is hereby amended and
reordained by amending section 15- I I 01, Exemption of certain personal property from taxation,
as follows:
Sec. 15-1101 Exemption of certain personal property from taxation.
The following household and personal effects are hereby exempted from taxation:
A. Bicycles.
B. Household and kitchen furniture, including gold and silver plates, plated ware,
watches and clocks, sewing machines, refrigerators, automatic refrigerating machinery of any
type, vacuum cleaners and all other household machinery, books, firearms and weapons of all
kinds.
C. Pianos, organs, phonographs and record players and records to be used therewith
and all other musical instruments of whatever kind and all radio and television instruments and
equipment.
D.
E.
Fo
Oil paintings, pictures, statuary, curios, articles of virtue and works of art.
Diamonds, cameos or other precious stones and all precious metals used as
ornaments or jewelry.
Sporting and photographic equipment.
Clothing and objects of apparel.
Antique motor vehicles as defined in Va. Code § 46.2-100 that are not used for
general transportation purposes.
t4,.I_ All other tangible personal property used by an individual or a family or
household incident to maintaining an abode.
The classification set forth above shall apply only to such property owned and used by an
individual or by a family or household incident to maintaining an abode.
(Code 1967, § 9-1; Code 1988, § 8-1; Ord. of 2-5-92; Code 1988, § 8-67; Ord. 98-A(1), 8-5-98)
State law reference-Provisions authorizing county to exempt certain personal property from taxation, Va. Code, § 58.1-3504.
The Board of County Supervisors of Albemarle County, Virginia, in regular
meeting on the 6th day of October, 1999, adopted the following resolution:
RESOLUTION
WHEREAS, the street described below was established in 1957, currently
serves at least three families per mile and serves from 600 to 700 cars per day
from residences with no viable alternative; and
WHEREAS, the Virginia Department of Transportation has deemed this count,s
current subdivision control ordinance meets all necessary requirements to qualify
this county to recommend additions to the secondary system of state highways,
pursuant to §33.1-72-1, Code of Virginia; and
WHEREAS, after examining the ownership of all property abutting this
street, this Board finds that speculative interest does not exist.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Super-
visors requests the Virginia Department of Transportation to add the following
street to the secondary system of state highways, pursuant to §33.1-72.1(D), Code
of Virginia:
Name of Street: West Leigh Drive
From: State Route 250 - Ivy Road
To: Leigh Way
Length: 0.4 miles
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted
rigAt-of-way, as described, and any necessary easements for cuts, fills and
drainage; and
FURTHER RESOLVED, that the Board requests the Virginia Department of
Transportation to improve said street to the prescribed minimum standards,
funding said improvements pursuant to §33.1-72.1(D), Code of Virginia; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded
the Resident Engineer for ~he Virginia Department of Transportation.
Recorded vote:
AYES:
NAYS:
None.
ABSTAIN:' Ms. Sally H. Thomas
Ms. Charlotte Y. Humphris; Mr. David P. Bowerman;
Mr. Forrest R. Marshall, Jr.; Mr. Walter F. Perkins
A Co/~este:
E~-~fI'~ Wi ~Carey, Clerk, C~
Board of County Super//~sors
STATE AND LOCAL GOVERNMENT CONFLICT OF INTERESTS ACT
2.
3.
4.
o
o
TRANSACTIONAL DISCLOSURE STATEMENT
For Officers and Employees of
Local Government [Section 2.1-639.14(G)]
Name: Sally H. Thomas
Title: Samuel Miller District Supervisor
Agency: Albemarle County Board of Supervisors
Transaction: Agenda Item 5.7 Resolution to accept West Leigh Drive into State
Secondary System of Highways
Nature of Personal Interest Affected by Transaction:
Ownership of property on Leigh Way
I declare that:
I am a member of the following business, profession, occupation, or group, the members
of which are affected by the transaction:
Property owners along or in the vicinity of West Leigh Drive
(b) I am able to participate in this transaction fairly, objectively, and in the public interest.
Dated: October 6, 1999
/ ~- ~gnature
September 10, 1999
Honorable Forrest R. Marshall, Jr.
Chairman
Albemarle County Board of Supervisors
401 Mclntire Road
Charlottesville, VA 22902
Dear Chairman Marshall:
We are contacting you today about a very important issue -- railroad safety.
Everyday cities, towns and families are forced to deal with the consequences of grade crossing
accidents, train derailments, forced evacuations as a result of derailments, and trains that are miles
leng or stop for long periods o.f t!.me block!.ng city streets. In fact, every 90 minutes, there is a train
accident somewhere in the United States. That ,can 'sound pretty abstract until that "somewhere"
turns out to be your community or that "family" turns out to be your family.
That is exactly what hap pened to us. On August 5, 1998, our 20-year-old daughter Kelly was killed
when her vehicle was hit by a high-speed train at an unmarked, brush-obscured private railroad
crossing located in Amelia County, Virginia, She lost her life because she could not see or hear a
train coming, In trying to deal with our own personal tragedy, we have learned that we are not
alone. And that is why we are contacting you,
We have joined RailWatch, an organization that was formed because of the overwhelming number
of railroad accidents, RailWatch is a non-profit public education organization dedicated to
educating the public about railroad safety and holding the railroads accountable for their dismal
safety record, In addition to raising public awareness, RailWatch would like Congress to conduct a
complete and thorough hearing on railroad safety because of the rail industry's dismal safety
record. Consider these disturbing facts:
· The train accident rate continues to climb in 1999.
· There is a train accident every ninety minutes.
· Roughly every two weeks a train carrying hazardous materials derails.
· Local officials have no control Over the trains running through their communities.
PH: I-liii177-Ra-Watch ·
BOARD OF SUPERVISORS
RailltVatch · 1436 WEst Grag, #E;I;~ · Houston. TX 77019
FAX: (71:~) S;a;~-gEI04 · E-MAIL: RaWatch@swbEII. nEt· Tax ID# E;EiO4;~IE;6E;
What's more, 80% of the nation's public railroad crossings are still unprotected and the railroads do
everything in their power to avoid the responsibility of protecting us from the trains that travel
through our communities. We think that is outrageous and hope you do too.
RailWatch is an organization that is growing in numbers, due to stories like ours. Members include
local officials, law enfomement, school administrators, families of railroad accident victims, accident
survivors, other concerned citizens and shippers from around the country. RailWatch's executive
director is Sherry Fox, and their board of directors include Monrovia, California Mayor Bob Bartlett,
San Francisco/Bay Area reporter Barbara Simpson, Ken Churchill, Vice President of Public Affairs,
United Parcel Service (a major shipper on the rails and a contributor to RailWatch), Nels Ackerson,
an attomey and chairman of The Ackerson Group, and our RailWatch legal counsel is Tom
Hiltachk, with the firm of Bell, McAndrews & Hiltachk
We have joined forces because we want to bring more attention to the problems associated with
railroad safety. In fact, RailWatch recently reported that the accident rate among railroads
continues to climb. According to the Federal Railroad Administration, train accidents are up in the
first half of 1999, compared to the same period a year ago (January - May). That means more of
us are at risk from collisions, toxic spills and other rail safety problems.
We hope you will join us in our effort by introducing the attached resolution for your board's
consideration. Please ioin our nationwide coalition of cities, local officials, law enforcement, school
officials, families of accident victims, accident survivors.and concerned businesses and citizens
who want safer rails for their families and communities. Concerned, caring citizens joining together
can and do make a difference.
To learn more, we invite you to visit the RailWatch website at w-w-w.railwatch.org or call Sherry
and RailWatch directly (toll free) at 1-877-RAWATCH. Thank you for your immediate
consideration. We look forward to headng from you and hope you will lend your support to this
critical issue that affects us all.
Sincerely,
Larry Waldron
Amelia, Virginia
Anne Waldron
Amelia, Virginia
RESOLUTION
WHEREAS; there is a train accident every ninety minutes; and
WHEREA& a train carrying hazardous materials goes off the tracks sornavhere in the
United States roughly every mo weeks, resulting in a spill and the evacuation of people living
nearby; and
WHE~; local ci~ and counfy o~als have no control over train speeds in their
communities although they have the most famiIiarify v~ith local traffic patterns; and
WHEREAS; railroads use 1930's safety technology that jeopardizes the safe~y of everyone
including railroad employees; and
WHEREAS; according to the Federal Railroad Administration, more than 80 percent of
publi~ railroad crossings are unprotected by lights and gates; and
WHEREAS; investigations have uncovered alarming safely violations induding defective
train equipment, ovemorked employees, a failure by companies to provide employee training and
employees who are encouraged not to report equipment defects or injuries.
NOW, THEREFORE, BE IT RESOL IrED that the Board of Super~isors of Albemarle
Coun{y, Virginia, does hereby support RailWatch and its efforts to educate the public about
railroad safety, and joins RailWatch in calling for a complete and thorough investigation of railroad
safety by the United States Congress.
L Ella W. Carey, do hereby certify that the foregoing writing is a true, correct copy of a
Resolution duly adopted by the Board of Supervisors of Albemarle Counfy by vote of to
on October 6, 1999.
Clerk, Board of Coun~ Supervisors
RailWatch is a non-profit organization supported by local officials, victims of railroad accidents, other concerned citi-
zens and shippers from around the country. RailWatch is dedicated to educating the public about rail safety issues and
to hold the nation's railroads accountable for their actions. For Instance:
Train Accident EverJl NinetJl Minutes
Railroads have an alarming safety record, tn fact, the number of
train accident fatalities remain virtually unchanged for the past
decade.
Unlimited Train Speed
Local city officials have no control over the speed of trains
passing through their communities although they have the most
familiarity with local traffic patterns.
Frequent Accidents HSth
Hazardous Materials
Roughly every 2 weeks, a train carrying hazardous materials goes
off the tracks somewhere in the United States, resulting in a
spill and the evacuation of people living nearby.
Old Equipment
Railroads use 1930's safety technology
that jeopardizes the safety of everyone
including railroad employees~
SafetJl Violations
Investigations have uncovered alarming safety violations in-
cluding defective train equipment, overworked employees, a
lack of employee training & employees who are told not to
report equipment defects or injuries.
Dangerous Crossings
According to the Federal Railroad Administration, more
than 80% of public railroad crossings don't have lights
and gates.
In 1999, the United States House of Representatives and the U.S. Senate will hold hearings on railroad safety and the re-
authorization of the Federal Railroad Administration. RailWatch believes it is essential to call for a full and complete examina-
tion of a multitude of railroad safety issues at these hearings. RailWatch will be asking citizens throughout the country to
write, call and join with RailWatch in educating their representatives about our concer~ about the state of the railroads and
our desire for safety measures.
Questions & Answers
What is RailWatch?
RailWatch is a non-profit public education organization supported by local officials, victims of railroad
accidents, other concerned citizens and shippers fi:om around the country. RailWatch is dedicated to educat-
ing the public about railroad safety, railroad safety problems and holding the railroads accountable.
Accountable for what?
For a long list of safety problems: train accidents that are occuring every 90 minutes; trains carrying hazard-
ous materials running offthe tracks; forced evacuations as a result of spills; defective tracks; and unpro-
tected railroad crossings, to name a few.
In fact, the death rate from railroad accidents is virtually unchanged in the last six years. Many of those
deaths may have been preventable had the railroads taken sufficient safety measures. According to Robert
Lauby, Chiefofthe Rail Division in the National Transportation Safety Board's Office of Surface Transpor-
tation, accident data exhibits disturbing trends, particularly related to the number of accidents "caused by
very elementary problems accidents that are preventable" (Washington Post, 10/14/97).
Aren't the railroads regulated already?
The basic policy of the Federal Railroad Administration has been to trust the railroads to regulate themselves.
For example, following multiple accidents in Texas, "the railroad industry and the federal government agreed
recently to let railroad companies police themselves, with intermittent spot checks by federal inspectors" (San
Antonio Express-News, 8/25/97). What we need is a full and thorough investigation by Congress.
What could the railroads be doing?
Plenty. In 1997 alone, four railroads accounted for almost two-thirds of rail-related fatalities, and more than
a third of all injuries. Those same four railroads all made enormous profits that year: Burlington Northem&
Santa Fe generated $885 million in profits, CSX generated $779 million in profits, Norfolk Southern $721
million and Union Pacific generated $432 million. It's time they took some ofthose profits and invested that
money in making their tracks and their operations safer.
What dOes RailWatch want?
For starters, a full and complete examination of railroad safety issues by Congress. In 1999 the United States
House o£Representatives (the Ground Transportation Subcommittee, formerly the Railroad Subcommittee)
will hold hearings on railroad safety and the m-authorization of the Federal Railroad Administration. The same
process will be occurring on the Senate side in the Surface Transportation and Merchant Marine Subcommit-
tee.
What does RailWatch want Congress to do? Legislation?
More regulations?
Maybe one, maybe both -- but first we have to know the full scope of the problem. We do know enough to
know there is cause for alarm. We know that the number of people dying in train accidents is virtually
unchanged in the last six years. We know that more than 80% of public railroad crossings dofft have lights and
gates. And we know that a train carrying hazardous materials runs off the tracks and spills its load about once
every two weeks, forcing evacuations and causing environmental contamination -- a figure that has remained
constant for the past decade. Clearly, there are many other safety problems out there on the nation's rails that
need scrutiny and solutions.
What is RailWatch doing about rail safety?
Speaking out and educating the public for starters. We are also releasing an independent study that finds major
problems with railroad safety, but that' s just the tip of the iceberg. We need Congress to use all of its investi-
gative muscle to uncover the true safety record of the railroad industry. The railroad system in this country is
huge and we need everyone on deck examining what the problems are and what can be done to protect the
public.
Can you be more specific about those problems?
We need answers to questions such as: Why is a train accident occuring every 90 minutes? Why are the
railroads using 193 O's safety technology on trains? Why aren't the railroads required to put up lights and gates
at the 80% plus unprotected crossings? These are just a few of the questions we think must be asked and
answered.
What can people do if they want to help?
Contact us today. Call us toll free at 1 ~877-RA-WATCH to find out how you can get involved with
RailWatch. And we encourage everyone who shares our concern with railroad safety, and especially anyone
with a first-hand story of their own, to write their US Representative and support our call for a thorough
examination of railroad safety.
Yakima,
2/25/99
4/19/98
CA 111
Palm
7/5/99
iome of the Railroad Accidents Over the Past Few Years
Va,a, w^ B0,ee~ ~e., "Jle as of 8/19/99
ID 7/24/99 S~y, UT
6113~;
9/15/98
7/11/99
3110/98
911/98
Klngman,AZ
8/9/9'/
I<]nter~Z
Yuma,AZ
8119199
5110/98
NV 4/29/98
11130/98 Eddy
This map is provided to
by RailWatch - a non-profit,
public education organization
dedicated to educating the
public about railroad safety
Ismay, MT
8~ings, MT ~r Mercer ~nty, ND
7/20/99 ~
Grant (
7/1/98
6/26/98 jones County, SO
K~U
RR accident:
7/21/98 0
i~ Shav,~ee Junct~, I
8/23/97
Utah County,
UT 9/18/98
10/6/98;
411/99
Gel, eld County, CO
6/5/98
71t7/98
9117~
Albuque~lue,
12/6/97
Roscoe,TX
ACcident involving r~ I
hazard0us materials: liliiai
8/20/98
Yed(, NE
White B Lake,MN
Rossvi,~e,KS
County,CO 711/97
Hazleton,KS
OK 12121198
613/98
8/7/99
R~nd Roc~
5/5/98
Cas(mvilfe,San Antonio,
Si~Ta Blanca,TX TX
TX P~r,
5/6/99 TX
Piermn,lL
Ash Grove, MO
815199
Luxora
7121199
Gnady, AR
?~199
Sherman,TX
MS
7111/99
Shelbyviile,
TN
3112198
Devi~e, TX
6122/97 TX 8/5/99
2/21/97
v O~eans, LA
8/22/98;
6/19/99
Sheridan,
10/1/98
T0wnahip,~
314/99
)18/99
Jacksonville,FL
17/1/99
6/14/99
Miami ,FL
10/5/98
Piscataquis
Cou_nty,~IF.~ .
Ju~ction,ME-.,
,, NH
8/7/98
, MA
Long island,
NY 3/17/99
Newark,NJ
lf14/gg
Newa"k,NJ
2/2/99
There IS no single, complete listing of all railroad accidents In the-countru - although a railroad accident/Incident
occurs everu 90 minutes. Sources for this map Include FRA. NT~B and newspaper articles.
SAMPLE RESOLUTION
WHEREAS; There is a train accident every ninety minutes; and
WHEREAS; A train carrying hazardous materials goes off the tracks somewhere in the
United States roughly every 2 weeks, resulting in a spill and the evacuation of people living
nearby; and
WHEREAS; Local city officials have no control over train speeds in their communities
although they have the most familiarity with local traffic patterns; and
WHEREAS; Railroads use 1930'ssafety technology that jeopardizes the safety of everyone
including railroad employees; and
WHEREAS; According to the Federal Railroad Administration, more than 80% of public
railroad crossings are unprotected by lights and gates; and
WHEREAS; Investigations have uncovered alarming safety violations including defective train equipment,
overworked employees, a failure by companies to provide employee training and employees who are
encouraged not to report equipment defects or injuries.
THEREFORE BE IT RESOLVED that . ~ supports PailWatch and
its efforts to educate the public about railroad safet~,'~thorizes for its name to be used publicly by
PailWatch and joins PailWatch in calling for a complete and thorough investigation of railroad safety by the
United States Congress.
(Please Print)
Date
Name of County
Authorized Signature
Title
Address
City/State/Zip Code
Phone Number Fax Number
Please fax form to 713-522-9804 or mail form to
RailWatch, 1436 West Gray, #612, Houston, TX 77019-4946
PailWatch is a non-profit organization dedicated to educating the public about railroad safety.
For more information, call Toll-Free (877) Pa-Watch or visit our Web Site: www.railwatch.org
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Service Agreement with Scottsville Volunteer Fire
Department
SUBJECT/PROPOSAL/REQUEST:
To authorize the Chairman to sign the Service Agreement
with Scottsville Volunteer Fire Department so they may
provide hazmat service to designated areas within
Albemarle County
STAFF CONTACT(S):
Messrs. Tucker, Foley, Pumphrey
AGENDA DATE:
October 6, 1999
ACTION:
CONSENT AGENDA:
ITEM NUMBER:
INFORMATION:
ACTION: X INFORMATION:
ATTACH M E NTS: Yes
BACKGROUND:
Scottsville Volunteer Fire Department has placed in service a unit capable of responding to hazardous materials
incidents in the southeastern section of Albemarle County. In addition, this unit will be available to respond to
incidents throughout the County on an as-needed basis.
DISCUSSION:
The County is to provide reference material and will replace equipment and supplies as necessary. Scottsville Fire
Department will provide the vehicle, (HazMat 78). This plan has been reviewed and endorsed by the Jefferson
Country Fire and Rescue Association. The unit meets all requirements of Level II hazardous materials response.
It will be used in a defensive fashion, for spill containment and leak control.
RECOMMENDATION:
Staff recommends authorizing the C-heir-men to execute the agreement.
99.183
AGREEMENT
TillS AGREEMENT dated and effective the day of ,1999 between
the COUNTY OF ALBEMARLE (hereinafter the "County") and the SCOTTSVILLE VOLUNTEER
FIRE DEPARTMENT (hereinafter "Scottsville"), a volunteer fire-fighting organization established
pursuant to Virginia Code § 27-8, provides as follows:
WHEREAS, the County has determined that it is desirable and necessary to develop a safe and
efficient hazardous materials response program in the County in order to continue to serve the health,
safety and welfare needs of the County and its citizens; and
WHEREAS, the County and Scottsville have been working together to develop such a program
and equip a unit ("HazMat 78") for hazardous materials response in an area located south of Route 250
and East of Route 29, or in such other locations as may be needed.
NOW, THEREFORE, in consideration of the terms, conditions, and covenants hereinafter set
forth, the parties agree as follows:
SECTION ONE
TERM
This Agreement shall become effective on the date written above, and shall continue in effect
indefinitely until terminated by either party in accordance with the provisions of this section. This
Agreement may be terminated (1) by mutual agreement of both parties at any time, evidenced by a
written amendment to this Agreement or other similar document signed by both parties, or (2) by either
party by giving six (6) months' written notice of such intent to terminate the Agreement to the other
party at the address and in the manner set forth in Section Six of this Agreement.
SECTION TWO
EQUIPMENT AND USE
(a) The County agrees to provide all required reference materials, including updated
versions of all reference materials, as listed in Appendix A-1 attached hereto and incorporated by
reference as part of this Agreement, as well as any additional equipment that may be authorized by the
County, acting through its Fire/Rescue Division Chief. Scottsville agrees to provide HazMat 78 as a
response vehicle for use, as well as all equipment and materials listed in Apl~endix A-2 attached hereto
and incorporated by reference as part of this Agreement.
(b) The County agrees to replace any equipment and supplies referenced in Appendix A-
l above as may be necessary to support HazMat 78. Scottsville agrees to provide and maintain the
equipment listed in Appendix A-2.
(c) Throughout the duration of this Agreement and thereafter, all equipment and supplies
(other than the HazMat 78 vehicle itself) provided hereunder by the County shall remain the property
of the County.
SECTION THREE
OPERATION, MAINTENANCE AND TRAINING
(a) The parties agree that HazMat 78 and all equipment and supplies provided under this
Agreement will be used by Scottsville in accordance with the standard operating procedure for spill
containment and leak control attached hereto as Appendix C, or according to such other procedure(s)
that may be adopted and/or modified from time to time by the County.
(b) Scottsville agrees to perform all maintenance and repair on HazMat 78 at Scottsville's
sole cost and expense.
(c) Scottsville agrees to notify the Fire Dispatcher and the County whenever HazMat 78
requires repair that will take it out of service, and agrees to notify the County whenever ScOttsville
believes that additional supplies and equipment necessary to support HazMat 78 are needed.
(d) In accordance with the Level II Hazardous Materials Memorandum of Understanding
dated May 13, 1988 between the Department of Emergency Services of the Commonwealth of Virginia
("DES") and Albemarle County, DES will assist the County in providing the necessary Level II training
to HazMat 78 personnel. Scottsville agrees that a minimum of one person shall receive Level II training
prior to assignment on HazMat 78. The County agrees to provide Scottsville with HazMat awareness
and HazMat operations training a minimum of once every five (5) years beginning in August, 1999.
However, if this Agreement should be terminated prior to any five (5) year period, such obligation by
the County shall be null and void. The County agrees that Scottsville personnel will receive hazardous
materials training at the Scottsville Volunteer Fire Department Firehouse.
(e) Scottsville agrees that it will use its best efforts to respond to incidents covered by this
Agreement in a timely manner but is not guaranteeing that HazMat 78 will respond within any specific
time frames in response to such incidents.
SECTION FOUR
TERMINATION
On expiration or termination of this Agreement, Scottsville shall provide all reasonable
assistance and devote its best efforts to returning all equipment and supplies provided hereunder to the
County.
SECTION FIVE
ENTIRE AGREEMENT
This Agreement contains the binding agreements between the parties and supersedes all other
agreements and representations, written or oral, on the subject matter of this Agreement, including any
statements in referenced exhibits or attachments that may be in conflict with statements in this
Agreement.
2
SECTION SIX
NOTICE
All notices given under this Agreement shall be in writing and shall be deemed served when
mailed to the other party at its address stated herein or at such other address as sUch party shall hereafter
designate in writing.
Notice to the County shall be sent to:
County Executive's Office
County of Albemarle
401 Mclntire Road
Charlottesville, VA 22902-4596
With a copy to:
Fire/Rescue Division Chief
County of Albemarle
401 Mclntire Road
Charlottesville, VA 22902-4596
Notice to Scottsville shall be sent to:
Chief, Scottsville Volunteer Fire Department
P. O. Box 381
Scottsville, VA 24590
IN WITNESS WHEREOF, each party to this AgreemenJ~as caused it to be executed on the date
below.//
vt~'~' /ti/' 9 9 R~ol'ert W. Tucker jr., C~ ~ '
Col ~ty of Albemarle ',,,q---~
Date
Date
>h149. Jordan, C~f
Scottsville Volunteer Fire Department
J(J~mes $. Will~ams, president
Scottsville Volunteer Fire Department
Approved as to form:
~n~°mey
APPENDIX A-1
Haz-Mat supplies furnished by the County
REQUIRED REFERENCE MATERIAL
o
J
Association of American Railroads
Bureau of Explosives
50 F Street NW
Washington, DC
Emergency Action Guides
Emergency Handling of Hazardous
Materials in Surface Transportation
Genium Publishing Corporation
1145 Catalyn Street
Schenectady, NY 12303-1836
Tel: (518) 377-8854
Fax: (518) 377-1891
MSDS Pocket Dictionary ~ $ 4.18
Mosby Year Book, Inc.
11830 Westline Industrial Drive
St. Louis, MO 63146
Tel: (314) 872-8370
Emergency Care for Hazardous Material
Exposures, Second Edition (94)
National Fire Protection Association
Batterymarch Park
Quincy, MA 02269
Fire Protection Guide on
Hazardous Materials
(vendor)
P.O. Box 1020
Sewickley, PA 15143
Tel: (412) 772-2250
Fax: (412) 772-5281
$175.00
$ 55.00
$ 47.80
$ 32.95
$ 77.40
Superintendent of Documents
P.O. Box 371954
Pittsburgh, PA 15250-7954
Tel: (202) 512-1800
Fax: (202) 512-2250
Niosh Pocket Guide to
Chemical Hazard
Van Nostrand Reinhold
Hawley's Condensed Chemical Dictionary_,
12th Edition
$ 14.00
(vendor)
Thomson Publishing Company
7625 Empire Drive
Florence, KY 41042
Tel: (606) 525-6600
Fax: (606) 525-7778
$ 78.11
APPENDIX A-2
Haz-Mat supplies furnished by company
No. Items Material Description
1 axe flathead
1 binoculars pair
1 blade brush
1 bolt cutters
2 booms 10 ft, bags
2 broom street, poly bristle
2 brushes long handle, scrub
2 buckets empty 5 gallon
2 chock blocks
1 container plastic, 35 gallon for StaDri
1 dish liquid 22 ounce
1 duct tape roll
6 fence post metal, 5 ft
1 flares box, road
2 flash lights 6 volt
1 garden hose adapter 2 1/2 inch
1 garden hose adapter Y
1 gas detector
1 gloves box, rubber
1 hammer claw
2 hose garden, 50'
1 maddock
1 mallet rubber
4 nails pounds, assorted
'2 nozzles garden hose
2 pads 18 X 18 packs
1 pipe pole short
2 plastic wrap rolls, 20' X 100' mil
1 pliers channel lock
1 pool pump
2 pools 5 ft kiddy
6 PVC pipe 4" X 5"
2 PVC pipe 3" X 5"
2 PVC pipe 6' X 6'
rags assorted
2 rakes forestry
2 roll rope 50 ft
3 rope packs, 20'
2 scoops grain, plastic
5 screwdrivers assorted
4 shovels round point
2 shovels square point
1 sledge hammer
3 sponges large
1 squeegee
4 StaDri bags
10 straps rubber bungle
2 tarps 12 X 16
1 toolbox medium, plastic
3 towels rolls, shop
1 towels roll, paper
1 trash bags pack, 33 gallon
20 wet wipes 8 pack
1 wire - chicken roll
1 wire cutter
1 wrench 10 inch, adjustable
wire - chicken
wire cutter
wrench
rOll
10 inch, adjustable
APPENDIX B
Standard Operating Procedure Spill Containment and Leak Control
PURPOSE:
To establish a standard procedure for operations at and response to incidents within Albemarle
County involving hazardous materials, specifically the spilling or leaking of petroleum products.
FUNCTION:
This unit will be used in a defensive fashion, without trying to stop the release, to protect life,
property and the environment from the effects of the spill or leak. Personnel will attempt to
contain the release from a safe distance and keep it from spreading.
UNIT DESCRIPTION:
Scottsville Volunteer Fire Department will provide a response vehicle, hazmat 78. It will be
designated to respond as a support unit to specific incidents throughout the County.
RESPONSE:
The unit will respond on the initial dispatch to the following incidents:
a. All releases of products which are identified as being in waterways. Such products shall
include, but are not limited to, gasoline, diesel fuel, fuel oil or any other petroleum based
products
b. All incidents involving tankers
c. Any situation deemed necessary by the on scene Incident Commander
OPERATIONS:
a. Unit will report to or contact Incident Commander for assignment or on scene requests
b. Officer in Charge of Response unit will coordinate all efforts with the Incident Commander
c. Personnel will operate as a team to alleviate the possibility of freelancing
d. The Chief or Senior Officer of the district in which the incident occurs will retain command
of the incident in accordance with the laws of the Commonwealth
Each fu'e station in Albemarle County will be provided with training and basic spill control equipment
which is to be utilized whenever possible to control or contain the incident until additional resources arrive.
It is realized that all situations that may be encountered are not covered by this procedure. The Incident
Commander is given complete discretion in determining when this specialized unit may be needed.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Citizen Participation in the 2000/2001 Budget Process
SU BJECTIPROPOSAL/REQU EST:
A Continuation of Strategies Intended to Increase Citizen
Participation in the Budget Process
STAFF CONTACT(S):
Mr. Tucker, Mss. White, Gulati, Catlin
BACKGROUND:
AGENDA DATE:
October 6, 1999
ACTION:
CONSENT AGENDA:
ITEM NUMBER:
IN FORMATION:
ACTION: × INFORMATION:
ATTACHMENT.S:
REVIEWED BY: ,~~/'[
During recent years, citizen groups have noticed a lack of meaningful citizen participation in the early stages of the
budget process, with county residents seeming to be unaware of or disinterested in the initial discussions of funding
priorities that create the basic foundations of the operating and capital improvement program budgets. Since the budget
in its ideal form should be a document that lays out a shared vision of the community's needs and priOrities, anything
less than full participation by informed and aware citizens hurts the process significantly. Last year staff implemented
several strategies aimed at improving the county's communication with citizens about the budget with the goal of
increasing awareness of and participation in the budget process. This year staff is looking to build on those efforts with
several new initiatives.
DISCUSSION:
Last year County staff held a focus group with invited citizens representing a diverse group of organizations to
brainstorm some ways that the County could be more proactive and effective in disseminating budget information as
a first step towards increased citizen participation in and understanding.of the process. As a direct result of suggestions
made during that session, several new communication strategies were implemented:
· A slide presentation on the budget which was taken "on the road" to nine different community organizations;
· An enhanced budget website which featured in-depth, frequently updated budget information along with a direct
email response option to allow comments;
· An Annual Report insert in the Daily Progress in January which featured preliminary budget information along with
other County data; and
· A special budget-related insert in the Daily Progress in April which detailed budget data and recommendations as
developed to that point.
Staff met earlier this month with a similar focus group to review these initiatives and discuss other suggestions for
involving citizens in the early stages of the budget when priorities are being established. The following comments
resulted from this meeting:
· Continuation of the four strategies mentioned above;
· Conducting town hall-type meetings in each magisterial district on constituent priorities, to be attended by Board
members and appropriate staff;
· Publicizing more "meaningful" information on the budget in a way that citizens can understand;
· Incorporating budget-related discussions into existing events and activities where possible; and
· Publicizing budget information to the media as much as possible.
RECOMMENDATION:
Staff recommends that we continue with the strategies developed last year and implement the recommendations
suggested above, including a schedule of citizen meetings this fall in locations around the county either involving staff
alone or staff in combination with Board of Supervisor members.
99.186
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
FY 2000/2001 Operating Budget Calendar
AGENDA DATE: ITEM NUMBER:
October 6, 1999
ACTION: IN FORMATION:
SUBJECT/PROPOSAL/REQUEST:
Proposed FY 2000/2001 Operating Budget Calendar
CONSENT AGENDA:
ACTION: INFORMATION: X
ATTACHMENTS: Yes
STAFF CONTACT(S): /~/,.~~'~
Mr. Tucker, Ms. Gulati REVIEWED BY:
BACKGROUND:
Each year, the proposed schedule of the upcoming budget process is sent to the Board of Supervisors in order to establish
firm dates for meetings, and to provide the public with as much notice as possible.
DISCUSSION:
A copy of the proposed FY 2000/2001
general format as in previous years,
RECOMMENDATION:
No Board action is required at this time.
operating budget calendar is attached. The proposed schedule follows the same
The attached calendar is provided for information purposes only.
99.188
FY 2000/01 Operating Budget Calendar
1999-2000
September 99
S MT WT F S
I 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30
October 99
S MT WT F S
3 4 5 6 7 8 9
10 It I[2 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31
November 99
S MT WT F S
I 2 3 4 5 6
7 8 9 10 It 12 13
t4 15 t6 17 18 19 20
21 22 23 24 25 26 27
28 29 30
December 99
S MT WT F S
t 2 3 4
5 6 7 8 9 l0 11
12 13 14 15 16 t7 18
19 20 21 22 23 24 25
26 27 28 29 30 31
January 00 I
2 3 4 5 6
9 10 11 12 13 11 1~
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
February 00
S MT WT F S
l 2 3 4 5
6 7 8 9 i0 11 12
13 t4 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29
October
20 Revenue Projections SUbmit-
ted By Finance
25 Joint Board Meeting- Long
Range Compensation
Study
November
3 Joint Board Meeting - Legisla-
tive Issues & Salary Study
Revenue Projections/Budget
Guidance From Board of
Supervisors
16 Planning Commission Work
Session on CIP
23 Planning Commission Public
Hearing on CIP (if
desired)
December
I Board Meeting - Bond Issue
& Financial Forecast
January
5 Board Work Session on CIP
19 Board Holds Work Session
on CIP (if desired)
28 General Fund Balanced
February
2 Supervisors/School Board
Budget Discussion
9 Public Hearing on Recom-
mended CIP
25 Finalize Proposed Operating
Budget
March
I Budget & Final Agency
Report Sent to Board
8 Public Hearing on Recom-
mended Budget
13 Board Work Session on
Budget
Board Work Session -
(School Budget)
March
20 Board Work Session on
Budget
22 Board Work Session on
Budget
23 Additional Work Session, if
needed
April
5 Public Hearing BOS' Propos-
ed Budget
7 Additional Work Session (if
needed)
12 Board Adopts FY00/01
Budget, Sets Tax Levy
Board Adopts FY00/01 CIP
Budget
Board Approves FY 00/01 -
04/05 CIP
Printed by Calendar Creator Plus on 9/29/99
March 00 [
S MT WTIF S
I 2[3 4
5 6 7 8 9 Il0 1t
12 13 14 15 16 117 18
19 20 21 22 23 i24 25
26 27 28 29 30 [31
April 00
S MT WT[F S
2 3 4 5 6[7
9 [0 11 12 13 114 [5
16 t7 18 19 20 [21 22
23 24 25 26 27[28 29
30
May 00
s ~4T WT~F S
] 2 3 4[ 5 6
7 8 9 10 11 [12 13
14 15 I6 17 18 ~,19 20
21 22 23 24 25 [26 27
28 29 30 31
June 00
S MT WT F S
I 2 3
4 5 6 7 8 9 I0
tl 12 13 14 15 [ 16 17
I$ 1:9 20 21 22 [~23 24
25 26 27 28 29 30
July 00
S MT WT F S
2 3 4 5 6
9 10 It 12 13
[6 17 18 t9 20
23 24 25 26 27
30 31
August 00
S MT WT
I 2 3
6 7 8 9 10
13 14 15 16 17
20 21 22 23 24
27 28 29 30 31
147 15
21 22
28 29
4 5
[1 12
19
26
President
Wanda C. Wingo
Botetourt County
President-Elect
Ferris M. Belman, Sr.
Stafford County
First Vice President
Jackson T. Ward
Hanover County
Second Vice President
Gerald W. Hyland
Fairfax County
Secretary-Treasurer
Raymond F. Alsop
King and Queen County
Immediate Past President
Charles W. Curry
Augusta County
Executive Director
James D. Campbell, CAE
General Counsel
C. Flippo Hicks
1001 East Broad Street
Suite LL 20
Richmond, Virginia
23219-1928
(804) 788-6652
FAX (804) 788-0083
E-mail: VACo95@aoLcom
Web site: www.vaco.org
VIRGINIA ASSOCIATION OF
COUNTIES
CONNECTING COUNTY GOVERNMENTS SINCE 1934
M-E'M-O-R-A-N-D-U.M
TO:
FROM:
SUBJECT:
DATE:
All County Administrators
(to be shared with Boards of Supervisors)
James D. Campbell, Executive Director.~
Proposed Changes to VACo By-Laws
September 20, 1999
Pursuant to Article XVII, Section 2 of VACo's By-Laws, this constitutes
notice to the VACo membership that the VACo Board of Directors recommends
proposed changes to the VACo By-Laws.
The following proposed changes will be considered (and voted upon) by the
Regular Members at the Annual Business Meeting on November 9, 1999 at The
Homestead:
1.) Article IX, Section 8--After "shall be filled by the Board", delete 'hmtil the
next Annual Business Meeting."
2.) Article XII, Section 1. Change "Steering Committees shall be constituted" to
"Steering Committees should be constituted."
Also, after "representative from each Association Region" insert "who
Shall be an elected or employed representative from a member in good
standing."
(Enclosed for your information is a copy of the by-taws as they would read if all:
changes are approved.)
VIRGINIA ASSOCIATION OF COUNTIES
DRAFT
BYLAWS
ARTICLE I
NAME AND LOCATION
Section 1. Name. The name of the organization shall be the Virginia Association of
Counties, an instrumentality of Virginia political subdivisions authorized by the Code of Virginia.
Section 2. Location. Offices of the Association shall be located as may be determined by
the Board of Directors.
ARTICLE H
OBJECTIVES
Section 1. The objectives of this organization shall be to (a) foster cOoperation and unity of
purpose on the part of the counties of the Commonwealth; (b) facilitate an exchange of views,
experience, policies and practices between the officials of these counties and county officials
serving in other states; (c) encourage the counties to operate on a more efficient and businesslike
basis; (d) cooperate with the officers of the State and Federal government to improve the general
conditions of the government and people of the counties; (e) advocate legislation in the interests of
the counties; (f) engage in activities designed to strengthen, preserve and promote local self-
government in the counties; and (g) disseminate information and provide good will and public
relations on behalf of the counties.
ARTICLE HI
REGULAR MEMBERSHIP
Section 1. County Membership. Every county of the Commonwealth of Virginia shall be
eligible for regular voting membership in the Virginia Association of Counties.
Section 2. Former county membership. Former counties which have become a part of a
municipality through consolidation or merger with an adjacent municipality shall also be eligible for
regular voting membership in the Association. The term "county" as it appears in these Bylaws
shall be construed to include such merged or consolidated jurisdictions; and the term "board of
supervisors" shall be construed to include the governing body of such jurisdictions.
ARTICLE IV
ASSOCIATE MEMBERSHIP
Section 1. Qualification. Associate membership may be available to any organization or
individual interested in the objectives of the Association.
Section 2. Participation. Policies governing the participation of associate members,
including the establishment of dues for st/ch members, shall be determined by the Board of
Directors; provided, however, that associate members shall not have voting privileges within the
Association, nor shall such members be eligible to serve in any Association office or on any
Association board or steering committee.
Amended & Readopted 11/15/94 VACo By-Laws Page 1 of 6
ARTICLE V
DRAFT
MEMBERSHIP DUES
Section 1. Establishment. Counties shall be assessed for membership dues annually on a
per capita basis. The per capita dues rate shall be established by the Board of Directors at such
time as it adopts the Association's annual budget. In assessing the annual dues of a county, the
Association shall use the most recent estimated population for that county as determined by a
competent research agency selected by the Board of Directors such as the Center for Public Service
of the University of Virginia.
Section 2.. Delinquency. No coUnty whose membership dues are not fully paid at least
prior to the date of the Annual Business Meeting shall be considered in good standing or entitled to
vote at such meeting.
ARTICLE VI
MEETINGS OF MEMBERS AND VOTING
Section 1. Annual Business Meeting. At least one Annual Business Meeting of the
members of the Association shall be held each year at such place and on such dates as may be
determined by the Board of Directors.
Section 2. Special Meetings. Special or extra meetings of the Association may be called by
the President or Board of Directors at any time. The business to be transacted at any special
meeting shall be stated in the notice thereof, and no other business may be considered at that time.
Section 3. Voting. Each member county shall be represented by its board of supervisors
and each shall be entitled to at least one vote in all proceedings. Any county with a population of
more than 50,000 shall be entitled to an additional vote for each additional 50,000 or fraction
thereof. Each county shall designate one person to cast its votes. That person shall present
credentials according to policies approved by the Board of Directors.
Section 4. Proxies. A member county not represented in person by a member of its board
of supervisors at meetings of the Association may be represented by a proxy. No proxy shall be
valid unless submitted in accordance with policies approved by the Board of Directors.
Section 5. Quorum. Two-fifths of the member counties in good standing and entitled to
vote shall constitute a quorum at any meeting of the full membership. A county shall be
represented for the purpose of constituting a quorum if at least one member of the board of
supervisors or a valid proxy is in attendance.
ARTICLE VII
OFFICERS
Section 1. Elected Officers. The elected officers of the Virginia Association of Counties
shall be a President, a President-Elect, a First Vice-President, a Second Vice-President, a
Secretary-Treasurer, and the Immediate Past-President.
Section 2. Qualification. Only elected county supervisors representing Virginia counties in
good standing shall be eligible to stand for election as an officer.
Section 3. Term. The officers of the Association shall be elected and installed at each
· Annual Business Meeting for one year terms by a majority of the votes cast by the member
counties present in person or by proxy. Such officers shall, assume office immediately after the
close of the Annual Business Meeting at which they are elected and installed, and shall hold office
until their successors are elected and installed. No officer shall continue to hold an Association
office after formally leaving office as an elected Virginia county supervisor.
Amended & Re. adopted 11/15/94 VACo By-Laws Page 2 of 6
DRAFT
Section 4. Re-election. Excepting the office of Secretary-Treasurer, no elected officer who
has served one full term shall be eligible for re-election to the same office.
Section 5. Vacancies. Any vacancy occun'ing in the offices of the Association between
Annual Business Meetings shall be filled by the Board of Directors. An officer so elected to f'fll a
vacancy shall serve the unexpired term of the predecessor.
ARTICLE VIII
DUTIES OF OFFICERS
Section 1. President. The President shall be the chief elected officer of the Association and
shall serve as Chairman of both the Board of Directors and the Executive Committee. The
President shall make all required appointments to standing and special committees and trustees;
provided, however, that reasonable consideration shall be given to achieving broad regional
representation on such committees.
Section 2. President-Elect. The President-Elect shall succeed to the Presidency. Upon the
death, resignation or incapacitation of the President, the President-Elect shall fill the unexpired term
of the President and shall then succeed to an additional full term of office. The President-Elect
shall perform such duties as are delegated or assigned by the President or the Board of Directors.
Section 3. Vice-Presidents. There shall be a First Vice-president and a Second Vice-
President, who shall be responsible for such duties as are individually assigned to them by the
President.
Section 4. Secretary-Treasurer. The Secretary-Treasurer shall chair a three member
committee appointed by the President to oversee the financial operations and official records of the
Association:
ARTICLE IX
BOARD OF DIRECTORS
Section 1. Authority and Responsibility. The governing body of this Association shall be
the Board of Directors. The Board of Directors shall have supervision, control, and direction of
the affairs of the Association, its committees, and its publications; shall determine its policies or
changes therein; and shall actively prosecute its objectives.
Section 2. Composition and Election. The Board of Directors shall consist of the
President, The President-Elect, the First Vice-President, the Second Vice-President, the Secretary-
Treasurer, the Immediate Past-President, the three next most recent Virginia Association of
Counties past-presidents who currently hold office as elected Virginia county supervisors, and
twenty-two members elected on a "one person - one vote" basis from compact and contiguous
Regions into which the State shall be divided for purposes of representation. Such regional
directors shall be selected at the annual meeting by the member counties located within the region
which the director will represent. The Board of Directors shall designate at least one member of
the Board to represent the Association on the Board of Directors of the National Association of
Counties.
Section 3. Qualification. Only elected county supervisors representing Virginia counties in
good standing shall be eligible to stand for election to the Board of Directors.
Section 4. Term. Regional Directors shall be elected for two-year staggered terms with
approximately fifty percent of its members elected and installed at each Annual Business Meeting.
No Regional Directors shall serve more than four full consecutive terms. Any tenure as an officer
of the Association shall not be included as any part of the tenure of the aforementioned four
consecutive terms. The Regional Directors elected and installed at the Annual Business Meeting
shall assume office immediately after the close of such meeting. Such Directors shall hold office
until their successors are elected and installed. No Director shall continue to hold office after
Amended & Readopted 11/15/94 VACo By-Laws Page 3 of 6
DRAFT
formally leaving office as an elekted Virginia county supervisor. Past presidents may serve in that
capacity for only three more years after their service as Immediate Past President.
Section 5. Reapportionment. Beginning in 1991, and every ten years thereafter, regional
representation on the Board of Directors shall be reapportioned.
Section 6. Meetings. The Board of Directors shall hold quarterly regular meetings .at such
time and such place as the Board may prescribe. Notice of all such meetings shall be given to the
members not less than thirty days before the meeting is held. Special meetings of the Board may
be called by the President or at the request of any three Directors elected from separate. Regions of
the Association.
Section 7. Quorum. At any meeting of the Board of Directors, the members present and
voting shall constitute a quorum for the transaction of the business of the Association. Any such
business thus transacted shall be valid providing it is affn-mafively passed by upon by a majority of
those members present and voting.
Section 8. Vacancies. Any vacancy occurring on the Board of Directors between Annual
Business Meetings shall be filled by the Board ,..,,a ~,. .... · ^ ..... ~ ~,,~ ....x~,~..,;.~.
................................... o. A Director
so elected to fill a vacancy shall serve the unexpired term of the predecessor.
ARTICLE X
EXECUTIVE COMMITTEE
Section 1. Authority and Responsibility. The Executive Committee shall act on behalf of
the Board of Directors between Board meetings in accordance with the policies approved by the
Board of Directors.
Section 2. Composition and Election. The Executive Committee shall consist of the
President, the President-Elect, the First Vice-President, the Second Vice President, the Secretary-
Treasurer, and the Immediate Past-President.
Section 3. Meetings. The President shall call such meetings of the Executive Committee as
the Association may require, or a meeting shall be called by the President on request of three
members of the Executive Committee.
Section 4. Quorum. A majority of the Executive Committee shall constitute a quorum at
any duly called meeting of the Committee.
Section 5. Vacancies. Any vacancy occurring on the Executive Committee shall be filled
in the manner as provided in Article VII, Section 5.
ARTICLE XI
NOMINATING COMMITTEE
Section 1. Composition. The President shall appoint a Nominating Committee which shall
consist of one member from each Association Region.
Section 2. Responsibility. The Nominating Committee shall nominate a candidate for
President-Elect, First Vice-President, Second Vice-President, and Secretary-Treasurer to be elected
at the Annual Business Meeting.
Amended & Readopted 11/15194 VACo BY-Laws Page 4 of 6
ARTICLE XII
DRAFT
STANDING AND SPECIAL COMMITTEES
Section 1. Standing Committees. The Board of Directors shall establish a Resolutions
Committee and such steering or standing committees as it deems necessary. Steering committees
sh~! ah~II. _ ~1_ be constituted of at least one representative from each Association Region ~Ih~
Section 2. Special Committees. The President may establish such special committees as
are deemed necessary.
ARTICLE XIH
EXECUTIVE AND STAFF
Section 1. Appointment. The Board of Directors shall employ a salaried chief executive
officer who shall have the title of Executive Director and whose conditions of employment shall be
specified by the Board.
Section 2. Authority and Responsibility. The Executive Director, as chief executive
officer, shall manage and direct all activities of the Association subject to the policies of the Board
of Directors and through the office of President. The Board may also delegate to the Executive
Director the authority to employ and to def'me the duties of the staff, supervise their performance,
establish their rifles, and assign those responsibilities of management as may be in the best interest
of the Association.
Section 3. Counsel. The Board of Directors shall designate aa appointed official of the
Association as the Association's chief legal adviser. This official need not be a County official and
shall have the title of General Counsel.
ARTICLE XIV
FINANCE
Section i. Fiscal Period. The fiscal period of the Association shall be from July 1 through
June 30 of the succeeding calendar year.
Section 2. Audit. The accounts of the Association shall be audited not less than annually
by a Certified Public Accountant who shall be approved by the Board of DirectOrs and who shall
provide a report to the Board and the membership.
Section 3. Budget and Finance Committee..A Budget and Finance Committee as provided
in Article VIII, Section 4 shall generally oversee the financial operations of the Association.
ARTICLE XV
DISSOLUTION
Section 1. The Association shall use its funds only to accomplish the objectives and
purposes specified in these Bylaws and no part of said funds shall inure, or be distributed, to the
members of the Association until such time that the Association may be dissolved. In the event of
dissolution, the funds shall be distributed as determined by the Board of Directors.
Amended & Readopted 11/15/94 VACo By-Laws Page 5 of 6
ARTICLE XVI
D, AFf'
RULES OF ORDER
Section 1. The roles contained in the current edition of Robert's Rules of Order, Revised
shall govern the conduct of meetings of the Association in all cases to which they are applicable
and in which they are not inconsistent with the Bylaws and any special roles the Association may
adopt. Nothing herein shall prevent the Board of Directors from adopting modified roles of order
to govern its own meetings..
ARTICLE XVII
AMENDMENTS
Section 1. Proposing. Amendments to or a repeal of these Bylaws may be proposed by a)
a majority of the Board of Directors on its own initiative; or b) an official resolution of three or
more county boards of supervisors of member counties located in separate Regions, provided any
such resolution proposing amendments or repeal of the Bylaws must be formally submitted to the
President or Executive Director prior to August 1 for consideration by the membership at the
Annual Business Meeting of that year.
Section 2. Approval. Amendments to or a repeal of these Bylaws shall be approved by
and become mediately effective upon a majority vote of the Regular Members present and voting
at any Annual Business Meeting or special meeting of the Association, duly called, provided
written notice of proposed changes have been sent to the Regular Members at least forty-five days
before such meeting.
A Certified Copy:
Readopted: November 14, 1989
Amended and Readopted November 10, 1992
Amended and Readopted November 15, 1994
Wanda C. Wingo, President
James D. Campbell, Executive Director
Amended & Readopted 11/15/94 VACo By-Laws Page 6 of 6
President
Wanda C. Wingo
Botetourt County
President-Elect
Ferris M. Belman, Sr.
Stafford County
First Vice President
Jackson T. Ward
Hanover County
Second Vice President
Gerald W. Hyland
Fairfax County
Secretary-Treasurer
Raymond F. Alsop
King and Queen County
Immediate Past President
Charles W. Curry
Augusta County
Executive Director
James D. Campbell, CAE
General Counsel
C. Flippo Hicks
1001 East Broad Street
Suite LL 20
Richmond, Virginia
23219-1928
(804) 788-6652
FAX (804) 788-0083
E-mail: VACo95@aol.com
Web site: www.vaco.org
VIRGINIA ASSOCIATION
OF COUNTIES
CONNECTING COUNTY GOVERNMENTS SINCE 1934
September 21, 1999
Dear Chief County Administrative Officer:
Here is the draft of VACo's 2000 legislative program and policy statements. TO
complete the legislative program, each steering committee will meet on Nov. 8 during the
association's Annual Meeting at the Homestead. The association's membership will vote on
the final document during VACo's annual business meeting on Nov. 9. County
representatives are invited to attend these meetings and, if they wish, participate in the final
discussions prior to adoption of VACo' s legislative program. Here is the meeting schedule:
Sunday, Nov. 7, steering
1--2:30 p.m.
committee meetings
Environment and Agriculture
Finance
Community Development and Planning
Health and Human Services
2:45-4:15 p.m.
Telecommunications and Utilities
Education
Transportation
Administration of Government
Monday, Nov. 8
7:30 - 8:30 a.m.
Resolutions Committee Meeting
Tuesday, Nov. 9
10:30-11:30 a.m.
VACo's annual business meeting
I hope you will review this document, discuss its contents with your board and direct any
comments to either me or Jim Campbell, VACo's Executive Director. Any comments and
additional proposals you would like to have considered for inclusion in VACo's Legislativei
Program and Policy Statements must be submitted in writing to the VACo office by Oct. 20
for assignment to the appropriate steering committee. All proposals must receive consideration
through the steering committee process and not be the subject of a floor proposal during
VACo's annual business meeting.
Thank you for your consideration of this draft document. We look forward to receiving your
comments and hope to see you in November.
Sincerely,
Gerald W. Hyland
'Chairman, Resolutions Committee
cc VACo Board of Directors
VACo Resolutions Committee
legislative liaisons and county attorneys
VIRGINIA ASSOCIATION
OF COU
POSITIONS
Alternatives to incarceration
VA. Co urges the commonwealth to investigate sa£e, cost
effective alternatives for incarceration for non-violent
offenders.
Annexation moratorium
VACo supports the extension of annexation moratorium
and will continue to monitor this.
At-risk children
VACo is very much concerned about the increased
population and cost for At-Risk Children. The sram
must act to increase funding, with the control over the
placement left with the local Comprehensive Services
Act.
Chairman of board salary
VACo supports an amendment of ~ 14.1-4601:1 to
permit salary supplement for the chairman of the Board
of Supervisors to be increased to $2,500 per year.
Commission on Local Government
VACo supports legislation which would eliminate th~
submission of negotiated settlements of county-town
annexation to the Committee on Local GoVernment.
Comprehensive Community
Corrections Act
VACo requests both increased funding and actual
distribution formulas for services provided by the Com-
prehensive Community Corrections Act and the pre-trial
act. Case loads, have doubled since 1995 when the
programs were put into effect but state funding and
resources have remained the same.
Crimes against senior citizens
VACo is very concerned about the increase in crimes
against senior citizens and believes that there should Be a
stud7 of these crimes including procedures and penalties.
Emergency disaster funds
VACo continues to request appropriations of funds by
the stare for emergency disaster funds for local govern-
ments £or repair and replacement of infrastructure
destroyed by disaster, which funds would supplement
an7 FEM. A funds received.
Full time magistrates
VACo supports the funding of full-time magistrates
which have been approved by the Supreme Court of
Virginia, including the funding of benefits for magis-
Funding of courts
VACo supports an appropriation to fund the cost of an
administrative assistant for every circuit court judge.
Heart and lung presumption
VACo opposes any legislation which would change the
Virginia Supreme Court decision issued in fall of 1997
which is favorable to local governments in rebutting the
heart and lung presumption in Workers Compensation
cases.
Increased funding for constitutional officers
VACo supports increased funding for constitutional
officers and requests the State Compensation Board to
modify staffi~ng standards for local jails and court services
positions in sheriffs' offices.
Increased funding for EMS infrastructure
VACo supports increased state funding for EMS infra-
structure, including local rescue squads equipment
needs.
Increase in criminal penalties
VACo requests increasing the penalties on criminal
abduction or assault on uniformed emergency and
medical technicians, firefighters and animal control
officers.
Meet and confer
VACo continues to oppose Meet and Confer labor laws.
as applied to local governments.
Open burning
VACo supports legislation allowing local governments to
regulate open burning at the time of high forest fire
hazards to the same extent as the governor may now
regulate them in those localities which have adopted the
statewide fire prevention code.
Relocation of county courthouses
VACo requests legislation to allow the relocation of
county courthouses within one mile of their present
location without a referendum.
Sovereign immunity
VACo continues to oppose any change in local
government's p resent defense of sovereign immunity for
tort liability.
Tax parcel number on deeds
VACo supports the amendment of ~ 17.1-256 of the
Code of Virginia to permit any clerk of any circuit court
of any county or city in the commonwealth vCith the
concurrence of the local governing body, ro require that
deeds and other instruments conveying or relating ro an
interest in real property bear on the margin of the first
page of the deed the tax map reference number.
Unfunded mandates
VACo continues to oppose any unfunded mandates
either by the state or federal government.
Increase local authority in land use matters
VACo supports legislation to provide for increased local
authority in planning and zoning.
Juvenile Detention Homes
VACo supports an estimated $3 million in additional
state funding for juvenile detention homes block grants
so as to increase the state's share of juvenile detention
home operations to a minimum to 50% for each juve-
nile detention home in the commonwealth.
2 VIRGINIA ASSOCIATION OF COUNTIES
Uniform Charter Powers Act
VACo supports legislation to make the Uniform Charter
Powers Act available to all counties the same as they are
to cities and towns especially for equal taxing powers,
with cities and towns.
Virginia Council on Juvenile Detention
VACo supports language amendments ro the appropria-
tions act requesting the Virginia COuncil on Juvenile
Detention to complete a collaborative review of the
capital and operating funds procedure for juvenile
detention homes.
DRAFT 2000 LEGISLATIVE'PROGRAM AND POLICY STATEMENTS
POSITIONS
Adequate public facilities
VACo supports legislation to provide that any locality
may; by ordinance, adopt a provision that approval of
the subdivision or a plan of development shall be contin-
gent on whether public facilities are adequate to support
the services which will be required by thc proposed
subdivision; provided that prior to adopting such provi-
sion a locali .ry clearly identifies in its comprehensive plan
chose public £acilities whose adequacy will be used in
malting such determination. Nothing in such ordinance
should be deemed to create an obligation on the part of
the governing body of the locality to furnish such public
facilitiesi
Comprehensive plan
VACo supports legislation which requires a county and
all towns located within the county to work together on
a comprehensive plan for new territory to be annexed to
a town so as to make provisions for adequate utilities
and schools. VACo supports legislation that will require
state agencies to give consideration to local comprehen-
sive plans. Local governing bodies should maintain
control over local land use decisions and the state should
respect and protect the role of the local governments to
plan for and guide their own future.
Cost of growth
VACo supports an initiative to develop equitable pro-
grams to address the problem of accelerated cost to local
governments associated with significant growth in a
locality.
Developer reimbursement
VACo supports legislation, which would allow localities
to require a subsequent developer to reimburse the initial
developer a pro rata for off sight improvements provided
by the initial developer.
Development rights
VACo supports the creation of a state fund for assistance
to local governments in purchasing development rights.
Enterprise zones
VACo supports legislation which would allow local
governments to have at least one enterprise zone in a
county or city in addition to those that would continue
to be permitted as now provided by stature.
Impact fees 'for school construction
VACo supports legislation that will allow localities the
option to assess impact fees for school construction in
lieu of cash proffers.
Land use assessments
VACo supports legislation that would authorize local
governments to determine the minimum acreage re-
quirements which could exceed the state minimum
acreage regulation for land use assessments for agricul-
ture, horticulture or forestal real estate.
Manufactured housing
VACo opposes any further dilution of the zoning and
land use authority of local governments at it pertains ro
manufactured housing.
Local land use
VACo opposes all state laws and regulations which
restrict local governments right to make local land use
decisions.
Nonconforming signs
VACo supports authorization for local governments to
provide within their zoning ordinance for the amortiza-
tion of nonconforming signs, particularly billboards.
Planning districts
VACo supports additional state funds for regional
planning districts.
VIRGINIA ASSOCIATION OF COUNTIES DRAFT 2000 LEGISLATIVE PROGRAM AND POLICY STATEMENTS 3
Spot blight removal
VACo requests legislation to amend g36-49.1:1 (ir) so as
to permit all counties to impose liens for the recovery of
the cost of spot blight removal.
Takings
VACo opposes any' change in the existing eminent
domain laws of the Commonwealth of Virginia or
statu, tory expansion of the existing property rights for
which landowners must be compensated when such
rights are affected by' ordinance, regulation, legislation or
other action taken by' any local government in the
commonwealth.
Transfer tax
VACo supports a legislative study on whether a statewide
transfer tax should be imposed to pay for local infra-
structure including schools.
Use permits
VACo is still opposed to the legislation which limited
the use of special exception, special use permits, espe-
cially those relating to residential construction in any
residential, agriculture or conservation district and any
other restrictions of special use or exception permits.
Vested property rights
VACo supports an amendment to the code that will
clarify that actions taken by local governments consid-
ered to be granting vested rights would apply only if the
action was taken by the local government after July 1,
1998.
Water and sewer fees
VACo opposes any legislation which would cap water
and sewer fees, or otherwise imposed fiscal constraints
on the ability of local governments to provide public
water, sewer and other public utilities.
POSITIONS
Block grant funding for remediation
and at-risk programs
VACo supports legislation to provide annual state
funding for various programs classified as remediation
and at-risk to local school divisions in a single block
grant rather than through individual program categories.
The local level of commitment for remediation and at-
risk programs in total would remain at the 80 percent
match level. This block grant would enable each school
division to use available state funds in the mandated
remediarion and at-risk programs where they would be
most needed and most effective. Accountability to the
state is important and can be monitored and provided by
assessing local improvement on the SOL test scores and
academic results for all students, including at-risk 4 year
olds.
Board of supervisors/school board relations
VACo supports initiatives that would encourage Boards
of Supervisors and School Boards to engage in dialogue
that would promote better working relationships and
foster quality, education among local jurisdictions.
Education funding
VACo supports full funding of educational mandates,
which includes gifted and talented programs. Increased
state funding should be achieved without reduction to
other parts of thestate's public education budget or to
other state programs affecting local governments.
Enhanced funding for public education
VACo supports enhanced funding for public education,
including increasing the funds available for distribution
to localities through the Literary Loan fund or other
innovative revenue sources.
4 VIRGINIA ASSOCIATION OF COUNTIES DRAFT 2000 LEGISLATIVE PROGRAM AND POLICY STATEMENTS
Financing school construction
VACo supports legislation establishing a permanent
funding formula for the Virginia Public School Con-
struction Grants Program and/or Virginia lottery rev-
enues taking into account school divisions
with the greatest educational and financial need.
Floor for state funding
VACo supports legislation that establishes a floor for
state funding for school budgets. The floor would apply
to statewide average per-capita, per-student, or base-line
year levels of expenditures for education.
Handicapped children
VACo supports legislative efforts to address funding
inadequacies in EL. 94-142, Education for all Handi-
capped Children. The fi.mding floor was set by the
Congress at 40%, but most Virginia counties are receiv-
ing less than the projected floor.
State mandates
VACo supports the state providing full funding to l~ay
for all mandates, including mandated teacher pay ~
increases. VACo urges state officials to ret°graze ho4e
additional instructional, structural or capital improve-
ment requirements affect local budgets. Irs addition,
VACo supports any legislation that improves or en-
hances the ability of local jurisdictions to manage their
local education systems.
Technology funding
VACo supports increased state funding for school
technology.
Literary fund
The state should also fully fund the Literary Loan fund
and restrict its use to the purposes for which it was
originally intended.
School capital improvement costs
The state should factor public school capital improve-
ment costs into the Standards of Quality and should
help pay for these costs. In addition, the state should
credit local funds expended for capital outlay and debt
service toward each county's local expenditure effort.
Standards of quality funding
VACo supports full funding of the state's share of the
actual costs of the Standards of Quality. The state should
not reduce its support for public education by eliminat-
ing FTE (full time equivalent) positions from the Stan-
dards of Quality.
VIRGINIA ASSOCIATION OF COUNTIES DRAFt 2000 LEGISLATIVE PROGRAM AND POLICY STATEMENTS 5
POSITIONS
Chesapeake Bay Preservation Act
VACo requests legislation that would require the Chesa-
peake Bay Local Assistance Board to amend the Chesa-
peake Bay preservation area designation and manage-
ment regulations (VR 173-02-01) in a manner that
would allow localities to use other practices than those
currently required to achieve equivalent objectives in
improving water quality.
VACo supports enabling legislation that makes available
suitable financial mechanisms for local governments to
implement programs to meet the provisions of the
Chesapeake Bay Preservation Act.
VACo opposes legislation expanding the area covered
under the Chesapeake Bay Preservation Act.
Comprehensive animal laws
VACo supports amendments to Section 3.1-796.93:1 of
the Code of Virginia to allow counties to address the
problem of dog-on-dog attacks.
Deer hunting
VACo urges the Game Commission to lengthen the deer
hunting season or increase the kill limit, or both.
Discharge permits
VACo supports legislation that prohibits the approval by
the State Water Control Board of any discharge permit
unless the Board first receives from the local government
where the discharge is contemplated official documenta-
tion (through a local government ordinance form) that
the facility is consistent with all local land use regula-
tions.
Environmental permit fees
VACo opposes any additional authority for any natural
resources agencies to impose fees on local governments
for the review of permit applications or any other activi-
ties that should be financed through general fund
revenues. VACo supports legislation that would elimi-
nate permit fees and return the responsibility for meet-
ing the costs of processing permit applications to the
state.
Erosion and sediment control
VACo supports legislation to provide that any city,
county or town may by ordinance establish an alterna-
tive procedure in lieu of that provided in Section 10.1-
565 of the Code of Virginia to permit the creation of a
pool of security, funds that can be drawn on when there
has been default in performance of erosion and sediment
control measures on residential lots.
Farmers markets
VACo requests legislation to provide counties with
authority to operate farmers markets.
Flow control
To allow for a comprehensive and cost-effective ap-
proach to solid waste management by local governments,
VACo supports legislation ar the state and federal levels
to expand local government authority to execute "flow
control" ordinances.
Landfills
For the protection of public health, safety and the
environment, VACo supports the development of fair
and objective criteria to determine when it is appropriate
to require all landfills adopt corrective action measures
or cease operations. VACo opposes legislation that
would establish an arbitrary date for closing all so-called
"1205" landfills.
6 VIRGINIA ASSOCIATION OF COUNTIES DRAFT 2000 LEGISLATIVE PROGRAM AND POLICY STATEMENTS
Refuse disposal
VACo supports amendments to ~46.2-665(B)3 to allow
the use of farm vehicles to and from a refuse disposal
facility to disp°se of trash and garbage generated on the
farm.
Right-to-Farm
VACo opposes any legislation that would further restrict
the authority of local governments to regulate land use
under Virginia's Right-to-Farm Law.
Sewage sludge (biosolids)
VACo opposes any and all legislation which Would
dilute local government's authority to regulate the land
application of sewage sludge through local land use
controls.
Sewer availability fees
VACo supports legislation that would grant counties
authority to enact sewer and water availability fees and
mandatory water and sewer connection powers.
Shared land use data
VACo supports promotion of shared land use data and
Geographical Information System (GIS) technology
among state agencies, PDCs and localities.
Stormwater escrow accounts
VaCo supports legislation which would allow local
governments to establish stormwater facility escrow
accounts for maintenance and administration of
stormwater management facilities on a specific develop-
ment site.
Tributary strategies
VACo supports additional state funding and technical
resource assistance to localities to assist them with the
implementation of tributary strategies for both point
and non point sources of pollution to Virginia's waters.
Waste fees
VACo supports amendments to 615.2-2159 of the Code
of Virginia to permit all counties, at local option, to
impose a household tax for solid waste disposal.
Waste management legislation
VACo urges the General Assembly to consider the
diverse impacts on local governments of any legislation
to further regulate solid waste, or control its importation
into the commonwealth. VACo opposes legislation that
would impose maximums on the amount of solid waste
facilities may receive.
Water and sewer fees
VACo opposes any legislation to cap water and sewer
fees or otherwise impose fiscal constraints on the ability
of local governments to provide public water and sewer
services.
Water quality improvement
VACo supports additional state funding and technici~l
resource assistance to localities to assist them with the
implementation of strategies for both point and non
point sources of pollution for all of Virginia's waters.
Agenda items to be considered at the next Environ-,
ment& Agriculture committee meeting on Nov. 7:
Health Department regulations on septic systems.
Proposal to support a beverage container bill.
Proposal to amend ~33.1-346.1 to redirect all sums
collected for anti-litter fines to fund trash litter toilet~-
tion activities.
Proposal to support legislation that would protect rights
of riparian landowners downstream.
Proposal to support minimum in-stream flow study for
the Shenandoah River.
Proposal to support an amendment to ~10.1-1126 of the
Code of Virginia to allow local ordinances to require a
permit for silvicultural activities.
VIRGINIA ASSOCIATION OF COUNTIES DRAFT 2000 LEGISLATIVE PROGRAM AND POLICY STATEMENTS 7
Proposal to support enabling legislation to provide
localities with the authority to enforce the regulation of
abandoned vehicles.
Prop6sat to support amendments to 546.2-667 to allow
taking the farm machinery or tractor to and from a
repair shop for repairs.
I RIORITY POSITIONS
Local revenue
If the General Assembly removes or curtails a revenue
source, VACo insists that the General Assembly fully
replace the lost local revenue with state funds in
amounts to capture projected economic growth and local
need. If the state chooses to curtail any local revenue
sources, VACo would support the state becoming fully
responsible for services currently provided by local
governments in a dollar amount no less than any lost
local revenues plus any growth in costs of such services.
An example of such a service is the Standards of Quality.
VACo opposes any effort to restrict or limit the growth
of real estate revenue, real estate assessments or real estate
tax rates.
VACo vigorously opposes any attempt to restrict or
eliminate other local sources of taxation, including
personal property taxation and business and professional
licensing, unless local governments are guaranteed the
opportunity to replace lost sources of local revenue with
comparable, equivalent, independent sources of revenue
to allow localities to fulfill their public service obliga-.
tions.
OTHER I O$1TION$
BPOL
The business, professional and occupational license tax is
a significant local revenue source, accounting for $350
million statewide. Tremendous strides have been made
to grant the business community the fairness and unifor-
mity they were seeking. VACo is still open to alterna-
tives to the BPOL tax that are revenue neutral on a
locality-specific basis but opposes any alternative that is
not revenue neutral.
8 VIRGINIA ASSOCIATION OF COUNTIES DRAFT 2000 LEGISLATIVE PROGRAM AND POLICY STATEMENTS
Constitutional officers
VACo supports full state funding of constitutional
officers and their employees. VACo opposes any legisla-
tion to increase the local share of funding for constitu-
tional officers. VACo particularly opposes any efforts to
allow the Compensation Board to reduce its approved
funding levels for dispatchers in local sheriffs' offices
because a local E-911 fee is charged.
Growth management tools
Localities experiencing growth need additional tools by
local opdon from the General Assembly to pay for the
services resulting from the growth. Such tools may
include impact fees, statewide conditional zoning,
transferable development rights, state funds for purchase
of development rights, and adequate public facilities
provisions in zoning and subdivision ordinances.
Consumer utility tax
VACo supports amending ~58.1-3812 and ~58.1-3814
to eliminate or increase the cap' on consumer utility
taxes. Residential customers of telephone, gas, water and
electric services are currently not to be taxed at a rate
higher than 20 percent Of the first $15 of the monthly
bill.
Courthouse maintenance fees
VACo supports legislation increasing the permissible fees
for coUrthouse maintenance from $2 to $4, and extend-
ing these fees to criminal and traffic cases, and to raise
the overall local cap on cOurthouse and law library fees
to $6.
Education costs
The General Assembly must significantly expand its
operating and capital contributions to public elementary
and secondary education. The school construction
program must be extended beyond the current time
frame, and the state should increase the amount of total
appropriations for school construction beyond the
current $110 million, two-year commitment.
Family courts
VACo opposes the creation of family courts without full
participation from local governments as to the accurate
capital costs of implementing such courts.
Income tax
VACo supports local governments having access to
income as a revenue source, including broadening the
revenue sources available to localities such as a local
option income tax.
VACo supports legislative revisions which would require
the state to allocate a portion of state income tax collec-
tions, or other state revenue sources, to local govern,
ments ro address the rising costs associated with indus-
trial and economic development, as well as residentild
growth, and the provision of infrastructure and govern-
mental services to new employees and residents. It is
proposed as a start that 1/6 of the state income tax
generated by the residents of a locality, and all of the
recordation tax, be returned to the locality of origin.
Land use taxation
VACo supports the local option of extending the roll'-
back for land use taxation from five to 10 years.
VACo supports state reimbursement co localities for the
amount of annual real estate tax revenues lost through
the voluntary participation of localities in the state-
sponsored Land Use Taxation program.
Library funding
VACo supports full funding of the proposed state aid
formula for public libraries by FY 2001 and funding of a
public library technology initiative.
Lottery distribution
VACo supports the distribution of lottery proceeds to
counties and cities without mandates as to the specifid
use of these revenues. This should not diminish the
existing percentage of the state budget provided to
localities.
VIRGINIA ASSOCIATION OF COUNTIES DRAP--r 2000 LEGISLATIVE PROGRAM AND POLICY STATEMENTS
Meals tax
VACo requests legislation that will bring counties that have
a meals tax under the same meals tax. code provisions as
cities (58.1-3840). Under current code, counties may only
collect a food and beverage tax on meals served in restau-
rants or prepared single platters in delicatessens or grocery
stores. Cities may collect a meals tax on any food or drink
sold separately outside of a restaurant.
Personal property tax reduction planm
reimbursement for administrative costs
VACo insists that the General Assembly provide full reim-
bursement for reasonable expenses incurred as the result
of administering the personal property tax reduction plan
adopted in the special session of the 1998 General Assem-
bly. VACo received assurances of full reimbursement when
meetings were held with the governor's cabinet officials
during the regular and special sessions, and expect the gov-
ernor to communicate to the State Compensation Board
that full reimbursement for reasonable administrative ex-
penses will be forthcoming.
Revision of state and local tax structure
VACo supports overhauling the commonwealth's tax
structure through the Commission on State and Local
Tax Structure. VACo supports legislative revisions which
would require the state to allocate a portion of state
income tax collections or other state revenue sources to
local governments to address the rising costs associated
with industrial and economic development and the
provision of infrastructure and governmental services to
new employees and residents.
Sales and use tax
(1) Local option sales and use tax
VACo supports legislation broadening the revenue
sources available to counties such as a local option sales
(2) Sales Tax Exemptions
VACo supports a reduction in the number of sales tax
exemptions.
Virginia Retirement System
Any changes or increases in V'RS benefits including, but
not limited to, early retirement programs must contain
mechanisms to ensure that local governments receive full
and complete information from VRS and are contingent
upon formal approval by the local governing body.
Moreover, before any increase or change in VRS benefits
affecting school divisions is made, the local governing
body responsible for financing any additional costs must
receive complete information from V'RS detailing the
cost of the change.
VACo supports a Dec. 1 filing deadline for any legisla-
tion that will affect the contribution rates or assump-
tions to be established by the VRS Board of Trustees or
the benefits to be offered, including the establishment of
new programs. VACo supports development of lan-
guage which clarifies that all decisions on VRS changes
or enhancements must be approved by the local govern-
ment on a local option basis and nor by the employing
agency, which may or may not have fiscal responsibili~:
VACo supports amending the Code of Virginia to
permit members of local governing bodies to become
members of the Virginia Retirement System.
VACo supports that the total cost of the Law Enforce-
ment Officers Early Retirement Option be paid for by
the Commonwealth.
Agenda items ro be considered ar the next Finance
committee meeting on Nov. 7:
A proposal to support legislation to give counties 20%
of the annual income tax payments from new employees
holding jobs ar firms that qualify for the Major Business
Facility Job Tax Credit.
A proposal to support NACo in urging that the Advisory
Commission on Electronic Commerce recommend that
all sales and use taxes on sales of tangible personal
property be treated ~airly and equitably whether the sales
takes place over the counter, phone or Internet.
I 0 VIRGINIA ASSOCIATION OF COUNTIES DRAFT 2000 LEGISLATIVE PROGRAM AND POLICY STATEMENTS
A proposal supporting "five for five" to broaden revenue
resources, to localities, including the "Five for Five"
initiative that returns 5% of the net Virginia individual
income taxes collected in each locality, and in return,
each locality would reduce its real estate taxes by 5%.
A proposal supporting a bill allowing localities to grant a
homestead exemption on the first $10,000 of real estate
value.
A proposal co oppose new state ward per diem rate
formula for juvenile detention facilities.
A proposal supporting legislation to fund the Library of
Virginia public library technology plan.
A proposal supporting county authority to impose a 5%
lodging tax without a referendum for local tourism.
A proposal opposing reductions in funding for the
Victim/Witness Program.
A proposal thkt in the event that two-thirds or more of
the employees of an employer that has 20 or more
employees elect to receive wage payments by means of an
automated electronic funds transfer, the employer may
require that all employees receive payment by automated
electronic funds transfer, provided (i) payment is made
in full on the date which it comes due, subject ro autho-
rized deductions and legal withholdings, and (ii) the
employer makes available an alternate means of pay-
ment, such as debit cards, for employees who do not
maintain an account at a financial institution,
~RIORITIES
Aging/long-term care
In lieu of expensive placements in elder health facilities,
VACo has identified numerous ways to keep older
Virginians at home. VACo supports (1) additional
funding for companion services (2) distribution of funds
to AAAs with each locality receiving a "fair share" (3)
additional funding of home delivered meals, and (4)
improving the rate of personal care Medicaid reimburse-
ment. Additionally, VACo supports increased state
funding for transportation of the elderly, disabled, and
TANF participants.
Auxiliary grant program
VACo supports full state funding in the Auxiliary Gi, ant
program. This program is a state entitlement mandaked
on local governments with a 20 percent match.
Behavioral health care
VACo supports increased state funding for priority
populations. Priorit3' populations, at a minimum, should
consist of the chronically mentally ill, individuals wi[th
severe profound mental retardation, and or the severe
mentally disabled.
Comprehensive Services Act
CSA funding - VACo supports sum-sufficient funding
on the state share of CSA pool funds with no local
match on Medicaid reimbursements. VACo also sup-
ports state funding for grants that can be used for
srarrup costs associated with community based service
programs.
VACo supports increased state funding in the CSA P9ol
funds and funding allocations should be made according
to a three year average of expenditures and not based on
a single base year. The state should continue to hold the
45% cap on local match for pool funds.
VIRGINIA ASSOCIATION OF COUNTIES DRAFT 2000 LEGISLATIVE PROGRAM AND POLICY STATEMENTS 1 I
The state should continue to recognize the distinction
between mandated and non-mandated children for
purposes of pool fi.mding.
CSA res idential care - VACo supports the use of state
facilities for the treatment of children receiving CSA
services. The state should be directed to work with
localities to assist in negotiating a reduced rate for
residential care services and should provide additional
funds that establish and maintain utilization manage-
ment services.
CSA administration - Code of Virginia 92.1-746 should
be amended to have an elected local governing body
official appointed to serve on the State Executive Coun-
cil. VACo supports full state funding for the entire cost
of establishing a uniform data collection system and
reimburse those localities which have expended funds to
set up such a system.
I~RIORITY POSITIONS
Local control
V'ACo opposes any preemption or circumvention of
local governments' historical control over land use
decisions, including control over the siting of telecom-
munications facilities on state and federal property.
Telecommunications facilities on state property
VACo supports legislation precluding VDOT from
allowing the construction of commercial, mobile and
land-based telecommunications facilities (e.g., mono-
poles, towers and related structures) within the VDOT
right-of-way without prior approval of the affected
localirv's land use and/or zoning authority,.
Telecommunications facilities on federal property
VACo ts opposed ro efforts to exclude local officials from
the review of telecommunications projects which are
sired on federal property.
Consumer utility tax
VACo supports legislation clarifying that the existing
distinctions between telephone, gas, water and electric
service are preserved and that the current consumer
utility taxes on these services continue to be applied and
collected, regardless of how the service is delivered. The
consumer utility tax should continue to be applied to the
entire electric service bill.
Public rights-of-way fees
VACo reaffirms irs support for the legislation imposing
the public rights-of-way fee in the 1998 session as a
result of the compro raise among the releco mmunica-
rions industry, VACo, the Virginia Municipal League
and the V.irginia Department of Transportation.
1 2 VIRGINIA ASSOCIATION OF COUNTIES - 'DRAFT 2000 LEGISLATIVE PROGRAM AND POLICY STATEMENTS
VACo opposes any attempt to eliminate local govern-
ments' rights to charge, on a non-discriminatory basis,
fair and reasonable compensation for public property.
OTHER POSiTiONS
Contiguous telephone exchanges
VACo supports legislation requiring telephone exchanges
within a county to be contiguous within a county and
with the next adjacent exchange.
Direct to home broadcast
satellite programming
VACo supports striking the language which exempts
direct to home broadcast satellite programming from
taxation and, therefore, allow the state to collect the tax
and remit it to localities.
Electric utility restructuring
VACo supports legislation guaranteeing daat reasonable
rates for electricity will be maintained since Virginia
ranks among the states with the lowest rates for electric-
ity. Any legislation deregulating the electric utility
industry should contain safeguards so that prompt and
efficient service to customers, especially for repairs, is not
compromised. Furthermore, any proposals for electric
utility restructuring should be revenue neutral to locali-
ties.
Local government telecommunications
service authorities
VACo supports granting localities the ability to form
telecommunications service authorities and/or public/
private partnerships to provide telecommunications
services when the private sector is not able or willir~g to
provide the desired telecommunications infrastructure.
Agenda items to be considered at the next Telecommu-
nications & Utilities Committee meeting on Nov. 7:
Open access
The Telecommunications and Utilities Steering Com-
mittee will be debating the issue of open access, and
whether or not to concurwith NACo's position tha~ "It
is essential that local government franchise authoriti~es
have the authority to require that all cable companies
provide open access to all Internet Service Providers. It:
the Federal Communications Commission or Congress
makes policy on this issue, the outcome should be an
open access system that encourages competition between
ISP providers."
E-911 tax
VACo supports local governments' existing authority to
levy and collect a local tax for enhanced emergency
telephone service (E-911) pursuant to §58.1-3813 of the
Code of Virginia.
VACo supports legislation clarifying that the local E-911
tax can be applied to all wireless telephone service.
VIRGINIA ASSOCIATION OF COUNTIES DRAFT 2000 LEGISLATIVE PROGRAM AND POLICY STATEMENTS I 3
PRIORITY POSITION
Transportation funding
The commonwealth has conducted several highly
credible studies over tb_e past decade. All have docu-
mented the very significant shortfalls in revenues needed
to pay for Virginia's immediate and long-term transpor-
tation needs. Despite the recent passage of TEA-21 and
substantial commitments made by several local govern-
ments, significant revenue shortfalls for transportation
will continue. As a consequence of inaction, Virginia is
now experiencing serious delays in completion of vitally
needed transportation projects. The longer these delays
continue, the more difficult it will become for the
commonwealth and its localities to remain economically
competitive with other states. For the sole purpose of
helping Virginia address its growing transportation and
economic development needs, VACo urges the General
Assembly to increase the state fuels tax by at least 5
cents, and to consider other revenue sources to meet
these significant needs.
OTHER POSITIONS
Bond authority for road construction
VACo supports legislation co give all counties authority
to issue revenue bonds using an amount equal to 50
percent of annual allocations for secondary roads to
support the debt service of the bonds.
Commonwealth Transportation Board
VACo supports a legislative study to evaluate tb.e opera-
tions of the Commonwealth Transportation Board, and
examine whether more suitable alternatives might e~st
for making major transportation policy decisions.
Location of routes by the Commonwealth
Transportation Board
VACo opposes any legislation that is likely to have the
effect of further delaying the location or acquisition of
right-of-way for new routes
Pave-in-Place
VACo strongly supports greater flexibility in the "Pave-
in-Place" program passed by the 1997 General Assembly.
VACo urges VDOT to work cooperatively with local
governments to ensure the success of this program.
Photo-monitoring systems
VACo supports legislation to specifically authorize
localities to use combined radar and photo-imaging
systems co imposed penalties upon speeding drivers.
Rail passenger service
VACo recommends that the Board of Directors of the
American Association of State Highway and Transporta-
tion Officials urge Congress to reject any amendments
to legislation concerning rail passenger services that
would limit the abiliw of states and local jurisdictions to
continue to implement commuter rail and intercity rail
at reasonable costs and to enact legislation to provide a
forum for resolution of disputes bet-ween the railroads
and the states or other public agency rail service provid-
ers for the use of existing rail lines.
VACo urges the General Assembly and the governor to
arbitrate an agreement that is in the best interest of the
commonwealth and the riders of the Virginia Railway
Express. To encourage more frequent use of mass transit,
VACo supports initiatives requiring the state to assume a
leadership role in transportation planning and capital
and operating funding.
Right-of-way
VACo supports the expeditious acquisition of right-of-
way as soon as alignment is completed.
ViRgINIA ASSOCIATION Of COUNTIES DRAFT 2000 legiSLATIVE PROGRAM AND POliCY STATEMENTS
Road improvement securities
VACo supports an amendment to the Code of Virginia
to provide that the reduction to 10 percent of the
original cost estimate of a road improvement be required
only after VDOT requirements have been met which
would permit the road to be accepted into the state
system of secondary roads.
Road signs
VACo supports legislation giving localities the option of
requiring placement of an on-premises sign, clearly
visible from the access road, indicating that any road or
street in a private road subdivision will not be main-
tained by the Virginia Department of Transpottation or
by the locality unless or until it is improved by the
developer and/or the lot owners to VDOT road design
specifications.
Secondary road construction
VACo opposes any proposal to increase the share paid by
counties for construction of secondary roads unless the
General Assembly provides additional sources of local
funding. VAC6 does not consider increases in local real
estate or personal property tax rates to be additional
sources of local funding.
Secondary road funds
VACo supports legislation allowing counties to use
money from secondary road fund allocations for debt
service, as permitted on urban roads.
Signs, VDOT right-of-way
VACo supports legislation authorizing localities co
enforce provisions outlawing the placement of signs in
VDOT rights-of-way, on road signs and utility poles.
Subdivision streets
VACo opposes legislation which prohibits local govern-
ments from adopting subdivision street standards that
are more stringent than state standards or which requires
localities to pay for any increased maintenance costs that
may be attributable to such increased standards.
Trailer lengths
VACo supports a study to examine the possibility of
allowing tractor trailers of 102 inches in width and 53
feet in length on primary highways. This would allow
small, rural communities without interstates to compete
for business.
Truck registration fees
VACo supports legislation that would increase truck~
registration fees in a manner consistent with recommen-
dations in a 1991 study by V'DOT on vehicle cost
responsibility. Buses should not be subject' to higher fees.
Two for life fee
VACo an amendment to Section 46.2-694 of the C6de
of Virginia to increase from $2 to $4 the portion of~he
vehicle registration fee distributed to the Department of
Health, the Virginia Association of Volunteer Rescue
Squads and localities for emergency service purposes:
(This legislation was contained in House Bill 951, w~hich
was vetoed by governor in the 1998 session.)
Unpaved roads
VACo opposes any change in statute which increases the
present minimum daily vehicle count of 50 for paving
unpaved roads.
Urban transportation studies
VACo requests that area urban transportation studies be
better coordinated among the surrounding counties
which may lead to better coordination of urban and
primary projects that serve the region.
VDOT-constructed road projects
VACo supports legislation authorizing the Virginia
Department of Transportation (VDOT) to build or
reconstruct road improvements up to $750,000 esti-
mated costs. (The present limit is $300,000).
Agenda items to be considered at the next Transporta-
tion committee meeting on Nov. 7:
A proposal to support legislation allowing for the erec-
tion of directional signs to businesses fronting on a
highway.
VIRGINIA ASSOCIATION OF COUNTIES DRAFT 2000 LEGISLATIVE PROGRAM AND POLICY STATEMENTS 1 5
A proposal to support the demonstration of a traffic
light signal photo-monitoring system.
Proposal to allocate the one half of 1 percent sales tax
(currently going to VDOT) to local governments.
ENVIRONMENT AND
AGRICULTURE
Overview
VACo believes that all units of government share respon-
sibility for protecting the environment. VACo recognizes
that environmental problems ignore political boundaries
and therefore require the cooperative efforts of federal,
state and loc~t governments for correction. In promoting
such cooperative efforts, the federal and state govern-
ments should provide localities not only with leadership
but also with financial, legal and administrative support.
Local governments are willing to work as partners for a
cleaner environment, however, they cannot be expected
to assume the full costs of implementing state and
federal environmental mandates. While the state and
federal governments should identify environmental
objectives for localities to meet, VACo strongly believes
that Virginia localities must be provided with increased
flexibility to meet those objectives in the most timely,
fiscally responsible and creative manner possible.
To reduce duplication, complexities and costs associated
with federal and state environmental regulatory pro-
grams, VACo also urges that such programs be stream-
lined. VACo opposes environmental programs impos-
ing any direct or indirect unfunded mandates upon local
governments.
Solid waste management
VACo recogniZes the critical need for programs that
manage solid waste in a manner that provides proper
environmental protection. The association also believes,
however, that state and federal mandates relating to solid
waste management place heavy financial burdens on
local governments. VACo supports regulations that are
performance-based and provide local governments with
flexibility to adapt landfill designs to site-specific condi-
tions. As an alternative to requirements in current solid
waste management regulations, VACo supports research
that will identify the least expensive methods possible of
responsibly managing solid waste.
VACo urges the state to provide financial and technical
assistance to localities for recycling, and compliance with
regulations governing the construction of landfills and
other solid waste management programs. It is imperative
that the stare establish programs that will aggressively
promote the marke.ring and sale of recyclable materials.
VACo also supports legislation that encourages source
reduction by industry and prohibits certain forms of
non-biodegradable packaging that cannot be recycled.
Local governments should be relieved from the responsi-
bility for meeting recycling rates on waste collected by
private haulers and diverted from the facility designated
to receive such waste in the localitv's solid waste manage-
ment plan. Private haulers should be mandated to meet
the same recTcling goals as local governments. State
agencies should be required to participate in recycling
programs. In addition, the state should place greater
emphasis on the management, disposal and transporta-
tion of' hazardous materials. For departmental review of
applications for local waste management facilities, 120
days should be the maximum turnaround. VACo
supports the appropriation of s ur'ficient funds to ad-
equately address the problem of'stock piles of tires in
Virginia.
1 6 VIRGINIA~SSOCIATION OF COUNTIES DRAFT 2000.LEGISLATIVe PROGRAM AND POLICY STATEMENTS
Chesapeake Bay Preservation Act
VACo supports the Chesapeake Bay Preservation Act
and recognizes the responsibilities of local governments
to adopt policies consistent with its intent. The General
Assembly should consider watershed-wide approaches
toward protection of the bay. It is also VACo's position,
however, that many of the regulatory requirements
established under the act constitute a series of unfunded
mandates that place onerous legal, administrative and
financial burdens on local governments. Therefore,
VACo urges the state to provide legal, financial and
technical support to assist localities in meeting the act's
regulatory requirements.
Environmental regulations
The Virginia Association of Counties is concerned about
the effects that many complicated, overlapping and
duplicative sets of regulations have on lOcal govern-
ments. In many instances, these regulations cause confu-
sion among members of the regulated community over
the question of how compliance may be achieved. To
address the problems experienced by localities in com-
plying with environmental regulations, VACo believes
there should be a streamlined and uniform approach by
federal and state agencies in the development of environ-
mental regulations. VACo believes that local govern-
ments should be provided with the clear authority to
adopt ordinances which are more protective of water
quality than requirements embodied in state laws and
regulations.
Environmental permitting
The Virginia Association of Counties is concerned about
unnecessary delays involved in being approved for an
environmental permit. To streamline and expedite the
permit-review process, the Virginia Association of
Counties supports a "permit-by-rule" procedure that
relies on certification by a qualified licensed engineer
that a facility complies with all applicable environmental
laws and regulations at the time of certification. This
type of procedure should make an extensive bureaucratic
review by either a state or federal government agency
unnecessary. A permit-by-rule procedure should also
make permit fees to underwrite the cost of permit review
unnecessary.
Land use taxation
The Virginia Association of Counties believes that local
governments should be provided with increased fle:libil-
ity to shape land use taxation programs in a manner that
best serves the interest of the local government, its
residents and the objectives of the land use taxation
program. AS an example, VACo believes local govern~
ments should be allowed to determine minimum ao. reage
requirements for land use value assessments for agricul-
tural, horticultural, forestal and open space real estate.
Local governments should also have greater flexibili~ in
determining the length of the rollback period for l~d-
owners to retroactively pay the real property taxes iEthe
land was assessed at full market value. Counties should
also have greater latitude in setting the deadline for land
use assessment or to waive the late filing fee.
Future regulatory programs
Because of the large number of environmental mandates
currently imposed on local governments, the Virginia
Association of Counties opposes any environmental
regulatory programs that either place additional un-
funded mandates on local governments or further reduce
local government authority to plan and regulate land use
or place unnecessary burdens on landowners.
Pipeline safety
VACo recognizes that oil pipeline accidents pose a
substantial threat ro Virginia's environment and the
safety of irs citizens. The federal government must move
swiftly to strengthen the regulatory, inspection, and
enforcement efforts of the Office of Pipeline Safety and
increase its support of state efforts to substantially
improve pipeline safety. In addition, all Virginia locili-
ties with oil pipelines within their borders should under-
take an effort to educate themselves about pipeline s~ety
issues and should adopt local ordinances to reduce the
risk of future accidents.
VIRGINIA ASSOCIATION OF COUNTIES DRAFT 2000 LEGISLATIVE PROGRAM AND POLICY STATEMENTS ~ 7
Water quality strategies
VACo supports nutrient reduction in all waters of the
commonwealth, and further endorses nutrient reduction
strategies which:
· A~re.devetoped through the active involvement
of local government officials, local wasrewater manage-
ment services, the application of sound science, and
consideration of the financial capability and local water
quality conditions of individual localities;
· Encourage participation through the continua-
tion of the grant funding program (established by the
Water Quality Improvement Act of 1997) where local
wasmwater treatment systems are provided with at least
50 percent of the costs for the design, testing and
installation of biological nutrient removal (BNR) sys-
tems and other nutrient control technologies for the
state to achieve its commitments for nutrient reduction;
and
· Are specific to each tributary to encourage
reduction from both point source and non-point source
pollution source.
Wetlands mitigation
VACo supports a wetlands mitigation policy requiring
that whenever practicable wetlands be mitigated in the
same or adjacent subwatershed where such wetlands are
being disturbed. VACo opposes any legislation which
would incorporate within the Code of Virginia an overly
restrictive, inflexible approach toward wetlands mitiga-
tion.
Confined animal feeding operations
To help preserve Virginia's agricultural base and facilitate
harmonious relationships among all county residents
VACo strongly supports additional funding for aggres-
sive research programs that will identify alternative
approaches for designing, operating and siting of Con-
fined Animal Feeding Operations in a manner that will
effectively control odors, protect the environment and
promote compatibility with existing non-agricultural
[and uses.
FINANCE
State mandates
It is VACo's position that the state must pay the full cost
of mandates it imposes on local governments and that
local governments must be allowed flexibility in deter-
mining methods of raising revenue needed to provide
services to their citizens.
VACo supports the General Assembly placing a sunset or
re-enactment clause on all legislation which passes and
imposes a mandate. VACo recognizes that any General
Assembly legislation which contains a prospective
implementation date authorizing a future mandate is still
recognized by counties as a mandate, and should be
opposed. VACo will seek repeal of any such legislation.
As counties respond to the federal devolution initiative
to transfer programs and applicable funds to the states
and localities, additional mandates could result. There-
fore, counties expect to be granted the opportunity to
communicate our perspective to the appropriate state
and federal decision makers as these programs are
reshaped.
VACo supports making changes to state programs to
enhance the effectiveness of public expenditures and
increase state assumption of financial responsibilities.
Local government authority
VACo supports granting counties the same taxing and
borrowing authority as cities and towns.
VACo opposes any unilateral action by the General
Assembly to limit or cap local governments' abilities to
raise revenue. Local governments should have authority
to expand their revenue powers to include these local
option taxes: income tax, sales tax, real estate transfer
tax, regional gasoline tax, local gasoline'tax and minerals
severance tax. This would reduce dependence on the
local property tax.
1 8 VIRGINIA ASSOCIATION OF COUNTIES DRAFT 2000 LEGiSLATiVE PROGRAM ANZ:~-OLICY STATEMENTS
TRANSPORTATION
Overview
The Virginia Association of Counties supports develop-
ment of a comprehensive statewide transportation
network that promotes the safe, convenient, efficient
and affordable movement of people and goods. It is
essential that additional state funds be allocated for
construction and maintenance of the commonwealth's
transportation network. Such a network should be
developed in accordance with a plan recognizing diverse
transportation needs in rural, urban and suburban areas
oft he commonwealth. Furthermore, a transportation
plan should be consistent with and supportive of other
state programs designed to protect the natural environ-
ment and promote economic development.
VACo believes that a comprehensive transportation
system should be balanced and multimodal. To the
greatest extent possible, transportation planning must be
closely coordinated and integrated with local land use
planning efforts, tn developing effective regional trans-
portation systems, VACo recognizes the need for coop-
eration among local governments, in promoting such
cooperation, VACo supports the provision of incentives
by the federal and state governments. VACo also sup-
ports the creation of federal and state incentives to
promote public-private partnerships in the development
of transportation facilities.
The Virginia Association of Counties supports the
creation of a national intermodal transportation system
as first envisioned in the Intermodal Surface Transporta-
tion Efficiency Act and continued in the Transportation
Equity Act for the Twenty First Century (TEA-21).
VACo believes that this system should serve as an appro-
priate model to influence transportation planning at the
state and local levels. The main objective of this process
should be the development of an intermodal transporta-
tion system that integrates all forms of transportation in
a manner using the most advanced technologies, that is
economically efficient, energy efficient and environmen-
tally sound, that promotes economic development and
that effectively and safely moves people and goods.
Safety
The Virginia Association of Counties opposes leeislation
allowxng for the use of tnple traders on any of Virglmas
highways. VACo also opposes use by oversize or over-
weight trucks of any roads that are unsafe for such
vehicles. While a qualifying network of roads for travel
by oversize and overweight trucks should promote
economic development, it must also be developed
through careful analysis of each route's geometric d~sign,
bridge capacity and any other safety factors.
VACo is also concerned about the growing numberiof
substandard bridges, in either structure or capacity,
throughout the commonwealth. AS a matter of priority,
the General Assembly, the Commonwealth Transpo rta-
tion Board and the Department of Transportation
should assure the safety of bridges in Virginia. To pr~o-
mote the safety of these bridges, the General Assembly
should establish a separate bridge fund from which
adequate money will be available. A standing emergency
fund for bridges should also be established. Further-
more, railroad companies should be required to pay
bridge improvements for which they are responsiblei
Money to pay for the construction, maintenanceanLsi
improvements of Virginia's bridges should not be allb-
cared at the expense of money allocated for roads and
other transportation modes.
VACo supports a program to provide an improved
method of correcting areas where there have been
documented hazards associated with roadways located in
counties when such roadways are owned by the state.
VACo also supports a program that would require die
stare, when requested by the governing body, to inst~ll
warning lights for egress of emergency vehicles onto state
roadways at no cost to the locality or the agency served
when specific criteria are met.
Funding
VACo believes that the federal, state and local govern-
ments all have significant roles to play in effectively
financing an integrated transportation system.
VIRGINIA ASSOCIATION OF COUNTIES DRAFT 2000 LEGISLATIVE PROGRAM AND POLICY STATEMENTS
VACo believes it is essential for local governments to be
integrally involved in any studies that focus on changing
the funding formulae or recommending new strategies
for increasing transportation revenues. The state should
identify and recommend such financing strategies as
debt financing, toll roads (except when no reasonable
alternative route is available), transportation districts,
user fees, public-private partnerships and increased taxes.
VACo believes it is essential that additional state funds
be allocated for construction and maintenance of the
commonwealth's transportation network. In the event
that the current transportation trust fund formulae are
~valuated for possible change, these needs must be
considered:
· First, adequate funding should be provided for the
construction and maintenance of the national high-
way system in Virginia.
· Second, adequate funding should be provided to meet
rural, suburban and urban needs.
· Third, ad,equate federal and state funds should be
provided to support local and regional efforts to
improve air quality and reduce traffic congestion,
especially in metropolitan areas that are affected by the
Clean Air Act amendments of 1990.
· Fourth, increases for allocations for the revenue
sharing program as provided in 533.1-75.1 of the
Code of Virginia should be proportionate to increases
in other transportation funds. Funds allocated for the
revenue sharing program, however, should not sup-
plant secondary road funds.
· Fifth, consideration must be given to the manner in
which counties with large quantities of acreage owned
by the federal government are severely affected by the
current formula for allocating secondary road funds;
and
· Sixth, no loss of revenues should be experienced by
any county for secondary roads.
The federal transportation trust fund should be used
only for transportation purposes. V'ACo opposes efforts
to use transportation funds for deficit reduction or other
non-transportation purposes.
Recent studies and other documents continue to indi-
cate that statewide construction needs are substantially
greater than the funds available to meet them. Virginia's
local governments would not be well-served by an7
change in the funding formulae that simply reallocates
an inadequate pot of money. The Virginia Association of
Counties continues ro support an increase in the state
fuels tax and other transportation user fees and long-
term funding mechanisms to finance these needs.
Revenues from such fuels taxes, however, should only be
used to support highways.
VACo also supports a recommendation in a 1991
VDOT study (under authority of SJR 121) supporting
an increase in truck registration fees based on truck
weights. This increase in fees would equitably assign
costs on the basis of use and enhance the state's ability to
obtain revenues for road maintenance.
VACo strongly believes that localities should be provided
with expanded legal authority to impose impact fees and
other funding mechanisms to pay for additional local
transportation facilities necessitated by new develop-
ment. VACo also believes that the program to support
construction, reconstruction, improvements and mainte-
nance o£access roads to industrial sites (as provided in
533.1-221 of the Code of Virginia) should be expanded
to include farm-to-market roads).
Commonwealth Transportation Board
The Commonwealth Transportation Board ofrefi makes
a number of decisions that significantly affect local
governments. Because of the importance of many of
these decisions, VACo believes it is imperative for the
board to reform its procedures to facilitate increased and
more meaningful participation by local government
officials in the board's meetings and work sessions. The
board should also consider ways to improve communica-
tion with the Virginia Association of Counties. VACo
appreciates the continued efforts by VDOT'S staff to
communicate with the association on many important
transportation issues.
20 VIRGINIA ASSOCIATION OF COUNTIES DRAFT 2000 LEGISLATIVE PROGRAM AND POIlCYSTATEMENTS
Furthermore, the board should strongly consider proce-
dures that will allow local government officials to have a
greater degree of participation when decisions are made
on such locally significant matters as speed limits,
designation of routes for oversize trucks, roads in historic
districts, location of traffic signals, public bikeways and
required design standards for subdivision streets. To the
greatest extent possible, any decisions made by either the
Commonwealth Transportation Board or the staff of the
Virginia Department of Transportation should be made
in a manner that recognizes and is considerate of a
community's preferences as reflected in local comprehen-
sive plans, zoning ordinances and subdivision ordi-
nances. VACo would also appreciate notification from
the board about any changes in its membership. VACo
would also support legislation that would permit coun-
ties to accept up to 100% of the cost to improve sub-
standard roads. Timetables for local transportation
projects need to be more closely coordinated between
VDOT representatives and local governing bodies.
VACo also supports policies that will not degrade the
environment and that will enhance the convenience,
efficiency, safety, affordability and cleanliness of such
alternative transportation modes as £txed-route mass .
transit, special commuter bus services, ride sharing, van
pooling, high-speed interjurisdictional rail and other
services that are important elements of an integrated and
well-balanced public transportation system.
It is imperative that decisions by the Commonwealth
Transportation Board or the staff of the Virginia Depart-
ment of Transportation should not be made without
recognition and serious consideration and analysis of the
fiscal effects of those decisions on local governments.
VACo adamantly believes that no decisions by the board
or VDOT staffshould go into effect without sufficient
and timely notice allowing local governments adequate
time to make the necessary adjustments to their budget
and tax policies.
Alternative transportation modes
In developing a transportation system that will consis-
tently serve the objectives of the Transportation Equity
Act for the Twenty-First Century, VACo strongly sup-
ports research and development of new and improved
transportation technologies. Such technologies may
include but are not limited to "smart highways," mag-
netic levitation, motor vehicles with improved fuel
e~ciencies and mass transit.
VIRGINIA ASSOCIATION OF COUNTIES DRAFT 2000 LEGISLATIVE PROGRAM AND POLI~Y STATEMENTS 21
TOM BLILEY
7TH DISTRICT. VIRGINIA
CHAIRMAN, COMMI~rEE ON COMMERCE
WASHINGTON OFFICE:
2409 RAYBURN OFFICE BUILDING
(202) 225-2815
DISTRICT OFFICES:
SUITE 101
4914 FITZHUGH AVENUE
RICHMOND. VA 23230-3534
(804} 771-2809!
1 -(800)-438-3793
CULPEPER OFFICE PARK
SUITE 207
763 MADISON ROAD
CULPEPER, VA 22701-3342
(540} 825-$960
E-MAIL: Tom. Bliley@mail, house.9ov
The Honorable Charles S. Martin
Chairman, Board of Supervisors
County of Albemarle
401 McIntire Road
Charlottesville, VA 22902-4596
Dear Chairman Martin:
Thank you for your letter concerning the plight of drought-
stricken farmers in Albemarle County. I appreciate receiving the
information.
As you know, Albemarle has been declared a contiguous
disaster area and is eligible for federal funds. Most recently,
I sent a letter to President Clinton and cosigned a delegation
letter to Defense Secretary William Cohen requesting Department
of Defense assistance in the Commonwealth's efforts to aid
drought-stricken farmers. I also look forward to voting for an
Agriculture Appropriations conference report which is fiscally
sound and fair to Virginia's farmers.
Once again, thank you for writing. With kindest regards,
I am
Sincerely,
TB/ksa
Me~ber of Congress
BOARD OF SUPERVISORS
DAVID R. GEHR
COMMISSIONER
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
701 VDOT WAY
CHARLOTTESVILLE, 22911
September 23, 1999
A. G. TUCKER
RESIDENT ENGINEER
August 4, 1999, and September 1, 1999
Board of Supervisors Meetings
Ms. Ella Carey, Clerk
Board of Supervisors
401 Mclntire Road
Charlottesville, VA 22911
Dear Ms. Carey:
We offer the following comments regarding transportation matters that were discussed at the August 4th
and September 1 st Board meetings.
We have reviewed Route 20 south for additional signs to alert motorists to where two lanes merge into one.
Modifications in this area will be made as shown on the attached sketch. RIGHT LANE ENDS signs with
a supplemental plate stating "500 FT" will be installed. Other signs will be relocated and combined
accordingly. These changes, in addition to the pavement arrows, should ease motorists over into the proper
lane.
The request to place "puppy tracks" along Route 250 from Riverbend Drive has been forwarded for
scheduling by the Department's paint crews.
The Department received a request to enhance signing to the Visitor's Center soon after enhancement grants
were received for the Thomas Jefferson Parkway project. Visitor's Centers are signed by the official name
registered with the Department of Tourism. We have confirmed that the official name is "Monticello
Visitor's Center".
The Commonwealth Transportation Board has approved the Meadowcreek Parkway Phase I design as a two
lane road on a four lane right of way at a lower design speed. Four lanes will be built between the railroad
bridge and the old Rio Road tie-in.
TRANSPORTATION FOR THE 21ST CENTURY
Ms. Ella Carey
Page 2
September 23, 1999
August 4 & September 1, 1999
Board Meetings
Traffic counts for Tabor Street and Hilltop Road are as follows:
ROUTE FROM TO 1992 1997 1999
691 240 1210 2118 2100 2192
691 1210 1204 1881 1800 1914
691 1204 dead end 149 170 158
Bill Mills will be available to discuss these and other transportation issues at the October 6th Boarc
meeting. We look forward to discussing the improvements to the next section of Route 29 at the work ses:
this same afternoon.
encl.
Sincerely,
A. G. Tucker
AGT/srnk
Cc: D. Askew, B. Mills, J. Hores
~ion
ALBEMARLE CO.
ROUTE 20 a ROUTE 53
NOTE
ALL SIGNS IN PLACE
UNLESS OTHERWISE STATED
T~'of fm S~gnat
September 23, 1999
Route 791
Albemarle County
Ms. Laurie Royse
P.O. Box 205
Batesville, VA 22924
Dear Ms. Royse:
This is in reference to your letter of September 17, 1999, concerning proposed
improvements to Route 791 (Wyant Lane). We currently have the recorded right of way and
construction easements to make the improvements to Wyant Lane which is scheduled to be
advertised for construction in February 2000. The utility relocations have been authorized and
should be completed by January 2000. We have spent approximately $10,000 of the Six-Year
Plan allocations on utility relocations and other preliminary engineering.
VDOT does not have the authority to grant your request for withdrawing your consenl/for
the right of way. The 25' strip across the frontage of your property was dedicated to public use as
part of the subdivision approval by a previous owner and the Albemarle County Planning
Commission. This is indicated on a subdivision plat dated February 17, 1986, and recorded in the
land records of Albemarle County.
The decision not to pave this road must be supported by resolution from the Albemarle
County Board of Supervisors since projects are scheduled in the Six-Year Plan based on a priority
list which has been developed by a joint effort of VDOT and the County. If Wyant Lane is
removed from the Six-Year Plan, the lead time for utility relocations and environmental reviews
would not allow us to immediately advertise a new project from the Plan.
Sincerely,
/ggu
cc: Mr~ Charles Martin
Ms. Sally Thomas
Mr. Wayne Cilimberg
A. G. Tucker
Resident Engineer
From:. Ella Washington Carey,
Subjecl= Reading List for October 6,
Dat,~ September 29, 1999
March I0 (A), ~997
March 17(A), 1999
March 22(A), 1999
April 2 I, 1999
July 7, 1999
Ju~, 14, i 999
August 4, 1999
August I I, 1999
August 18, 1999
Ms. Thomas
Mr. Martin
Mr. Marshall
Ms. Thomas
Mr. Bowerman
Mr. Marshall
Ms. Hurnphris
Mr. Pe~ns
Ms. Thomas
/ewe
July 7, 1999 (Regular Meeting)
(Page 15)
thus bypasszn9 the County's land use process. She said the Board has now been
presented with a copy of a resolution adopted by the Louisa County Board of
Supervisors expressing similar sentiments. The Board has also received a copy
of a letter from Senator Emily Couric which was sent to the Governor on the
same subject. Senator Couric noted that she had presented legislation at the
last Session of the General Assembly to prevent this from happening. There is
a letter from Dan Jordan at Monticello in opposition to the towers, mentioning
the major visual intrusion on the Monticello viewshed. There is a letter from
Congressman Virgil Goode in response to the Board's resolution about the
telecommunication towers. Then, this morning in the Board's packet there is a
reply from the Secretary of Transportation who says, in brief, that VDOT is
not considering 250-foot towers, but only monopole towers that would have a
height of under 200 feet. The Secretary says that while smart travel
technology, which is what VDOT is going to use these towers for, is just
beginning to be expanded into the western part of Virginia, they know there
will be a need for support structures along the ma]or interstate roadways.
Based upon the timing of the private sector needs and the lower court ruling,
she (Secretary Ybarra believes it would be inappropriate for VDOT to delay
the implementation of these initiatives.
Ms. Humphris said if VDOT requirements for their smart travel technology
are devices mounted at 125 feet, that is as high as their structures should
be. They should not be allowed to be tall enough to allow three more
collocations and by dOing that get around the local land use approval process.
Since this Board knows this service can be made available with much shorter
towers, she thinks the Board needs to keep up this fight to protect the
environmental qualities in Albemarle County and prevent these huge towers from
being constructed in a way that intrudes terribly. She does not know how to
do that, but she keeps hoping the public will help by writing to the Governor,
writing letters to the editor, or to Secretary Shirley J. Ybarra. Her letter
evades the whole point of the County's land use plan, and what is best for
Albemarle. All of the counties along the 1-64 corridor are having the same
problem. They are already dealing with this in court in Fairfax County.
Localities in the Tidewater area have done likewise.
Ms. Humphris said the Board had received a letter and a flier about the
meeting on Monday, July 12, ].999, in Lynchburg about galvanizing support for
expanded rail service between Bristol and Richmond. She asked if anyone can
go if Board members are not able to attend. This is something the Board has
tried to support.
Mr. Bowerman said this is one of the elements of the Route 29 South
Corridor Study. Ms. Thomas said it is a much neglected aspect of the study,
so it is wonderful to see Lynchburg having this forum. She knows that staff
from the Metropolitan Planning Organization (MPO) cannot attend which makes it
important that somebody attend.
Ms. Humphris said it caught her eye because on the speaker's list is
Senator Wampler and a gentlemen who is Director of Corporate Affairs for
Norfolk Southern Railway, and another gentlemen who is Manager of Government
Affairs for Amtrack Inter-city, and others. She said it is a rare opportunity
to get to talk to the railroad people who will actually make the final
decisions.
Mr. Bowerman said he is a m~e~n~_er of,~theap Route 29 South Corrido2r~ Study,~f~
so he will make a commitment to au~end, f_~ig_~reh~'
important, because it is talking about
is looking at is truck traffic. The depots they have now for on-loading and
off-loading tractor trailers onto rail cars are very sophisticated and very
fast. A lot of truck traffic can be moved by rail quickly and efficiently.
Mr. Martin said he is getting a lot of complaints about Rocky Hollow
Road. The residents want something put down to help control the dust.
Mr. Martin said a lady living on Old Free Bridge Road talked to him
about traffic coming through at night from Elks Drive. There was a gate in
that area, but for some reason the County removed it. He knows that Pat
Mullaney in the-Parks Department is looking into the history of the park and
road. He said the Board needs to look at whether the gate should go back up
and whether lights could be put on the road if a need exists. Ms. Tucker said
the gate can be replaced at the County's discretion. She asked if Mr. Martin
was asking for lights on the park road, or the road that parallels the river.
July 7, 1999 (Regular Meeting)
(Page 16)
Mr. Martin said he was speaking of the parallel road, but this can be
discussed at another time.
Agenda Item No. 8. Minor Ridge Area Stormwater Control Project,
discussion of.
Mr. Bill Mawyer, County Engineer, summarized the staff's report which
gives a history of the Stormwater Fund, a part of the Capital Improvement
Program (CIP), used to pay for the purchase, construction and repair of
permanent stormwater and drainage control facilities throughout the County.
These structures are part of stormwater management systems designed to detain
runoff, prevent downstream flooding, minimize soil erosion and improve the
water quality in County streams. At present, there is a lengthy list of
regional stormwater control needs, the cost of which is in excess of $1.0
million.
Mr. Mawyer said a review of the priorities for the projects listed below
as "Proposed for Construction" is before the Board at the request of Mr.
Bowerman and Mr. Tucker. There is a significant project proposed for the
Minor Ridge area. He said the program has moved forward recently having
completed a project at the Doyles River Stream to repair the stream banks and
protect the Methodist Church at Browns Cove. The stormwater pond at Four
Seasons is being cleaned now. The Peyton Drive basin at the corner of Peyton
and Greenbrier Drives is presently being repaired. Designs are in progress on
a project in the Brookmill neighborhood, as well as Minor Ridge.
The Stormwater Management program currently includes the following
projects:
A. Proposed for Construction Budget
In Priority Order
1. Birnam Basin (includes land purchase) $ 250,000 $ 250,000
2. Minor Ridge Piping Replacement $ 250,000 $ 10,000
3. Westmoreland Court Piping Replacement $ 50,000 $ 50,000
4. Brookmill Stream Bank Repairs $ 50,000 $ 50,000
5. Ricky Road Drainage Repairs $ 40,000 $ 40,000
6. Ivy Road Drainage Repairs $ 80.000 $ -0-
Subtotal $ 720,000 $ 400,000
Funds Available
Bo
In Progress
7. Four Seasons Pond Repairs
8. Peyton Basin Repairs
9. Monticello H.S./Lakeside Dam Repairs
10. Georgetown Court Basin Repairs
11. Rio Hill Basin Repairs
12. Drainage Basin Study
13. Brookmill Stream Bank Repairs (design only)
14. Birnam Basin (design only)
15. Minor Ridge Piping Replacement (design 0nly)
16. Westmoreland Court (design only)
17. Ivy Road Drainage Repairs (design only)
Subtotal
Budqeted and Funded
$ 140 000
$ 8O 000
$ 4O 000
$ 30 000
$ 28 000
$ 5O 000
$ 18 000
$ 2O 000
$ 17 000
$ 7 000
$ 20,000
$ 450,000
Recently Completed
1_. DoylesRive~ Stream R~pairs
2. West Pine Dr. Drainage Repairs
Subtotal
Cost
$ 45,000
$ 4,.500
$ 49,500
Total Program Cost
$1,219,500
Mr. Mawyer said the discussion this morning came about because there are
more projects than can be funded. They have identified $720,000 in construc-
tion projects that can proceed this Fall, but there is only $400,000 available
for those projects. Alternatives to fund the Minor Ridge project (a piping
replacement project that affects 20 homes in the Minor Ridge area of the
Wynridge Subdivision) and complete the work this Fall include:
Appropriate an additional $240,000 to the Minor Ridge
project and continue with the Birnam, Westmoreland Court,
Brookmill and Ricky Road projects as scheduled for FY
1999-2000. If available, an additional appropriation
could be provided from year-end operating funds.
July 7, 1999 (Regular Meeting)
(Page 17)
Defer construction of the Birnam, Westmoreland Court,
Brookmill and Ricky Road projects one year (until FY 2000-
01) and reallocate those funds to Minor Ridge. Purchase
of the land for the Birnam project would continue to be
funded in FY 1999-2000. Additional funding for the
deferred projects would be requested in the FY 2000-2001
CIP program.
3 o
Defer purchase of the land and construction of the Birnam
Basin one year (until FY 2000-01) and reallocate those
funds to Minor Ridge. The Westmoreland Court, Brookmill
and Ricky Road projects would continue to be funded in FY
1999-2000.
The remaining alternative would be to defer construction
of the Minor Ridge project for one year until the Fall of
2000. Funds would be requested in the FY 2000-01 CIP
program for Minor Ridge as well as other stormwater
projects and drainage area studies.
Mr. Mawyer said the Engineering Division recommends that the
alternatives be considered in the order shown. Additional funding will allow
all of these stormwater projects to be addressed in a timely manner. If
additional funds are not available, Alternative #2 is preferred since
construction of the Birnam Basin could be delayed until July, 2000 because
negotiations for purchase of the land have not been completed, and,
construction of the Minor Ridge project will address a longstanding drainage
problem which has a greater impact on more properties than the Westmoreland,
Brookmill and Ricky Road projects.
Mr. Bowerman said he has been aware of this situation, and the Board was
aware of it when it approved the commercial development adjacent to Minor Hill
on Greenbrier Drive. There were problems then in the backyards of some homes.
The County and the developer contributed to some small improvements there.
When Wynridge was developed in the 1980's, the assumption was that Greenbrier
Drive would connect through Whitewood Park. What happened is that the Board
protected the Park and removed that roadway. That put a s~gnificant amount of
b~en calculated in the construction documents~to~
drainage
that
had
not
stream that flows into Fbur Seasons rather than a stream flowing down
Greenbrier Drive. The whole area now between Whitewood Park and Birnam drains
to an area where it was not designed to go initially. By removing the road,
the Board essentially said there would never be any diversion of that water,
therefore the current underground system ~s undersized.
Mr. Bowerman said the only way to deal with the problem is to ~mprove
the underground supply capabilities. That, along with the Four Seasons Basin
improvements, and eventually construction of Birnam, Peyton, and what is
taking place in Branchlands now, is the final build-out of the whole plan for
urban runoff control in this highly developed area. It should prevent
flooding from any storm that is not in excess of a one hundred year storm.
This whole project has been underway for 15 years, and the completion of it is
nearing. This is one critical element that is needed to complete the system~
Unless it is completed, there will be flooding there forever. While it is a
higher cost than initially estimated, Mr. Bowerman said the project needs to
be done as part of the overall~ty drainage pattern_~hat all ends up
recommended that the Board try to find the
at Branchlands at Meadow Creek.--'Tf~
funds to do the project soon. He said of the other~proj$c~-listed, those are
also critical improvements, and he does not recommend delaying those projects.
Ms. Thomas asked if Mr. Bowerman is recommending staff's Alternative 1.
She is concerned about that alternative because it refers to the use of year-
end operating funds, if available. She does not think that is a good way to
fund a project. Mr. Perkins said it looks like Birnam would be put off until
July, 2000. Mr. Bowerman said Birnam drains down the other side of Greenbrier
and is not as critical to the system flooding-wise.
Mr. Tucker said the total of all the year-end carryover funds is not
known at this time. If the Board feels it is important to move ahead with
this project, they can do so. Then, in August or September, he will have
staff look at the carryover funds to see what amount is available to replace
the funds for Westmoreland Court, Brookmill and Rickey Road. Those are the
projects that the Engineering staff recommended be delayed. He said there are
other projects that staff would like to use the carryover funds for; the fire
contract, other fire improvements, etc.
July 7, 1999 (Regular Meeting)
(Page 18)
Mr. Bowerman said in order for the Board to take some action, he would
move that the Board accept Alternative #2; delay the other projects, commence
work on Minor Hill, and if funds allow, pick up the projects that are delayed.
He thinks this project is that important. Mr. Tucker said he thinks the funds
will be available, but he does not want to make that commitment without
looking at the overall picture.
Mr. Davis said there is another issue involved which will require some
discussion later. This is a subdivision where the County does not have an
easement for the drainage. In order to expend public funds on private
property, the County will need to obtain a drainage easement for this area.
It should not be a problem. Mr. Bowerman asked if there are easements now on
plats for the lines which are underground. Mr. Mawyer said there is an
easement, but the pipes were not located within the easement. Therefore, a
construction and permanent easement is needed from the residents to replace
the two pipes. M~. Bowerman said that is a good reason to go ahead with this
project now~ l~ ~ ~,~ ~,~1~ F-$0~/~ 7~/~ ~--7~ ~~~
Mr. Davis said that is one issue, but as these projects are developed,
the County is really developing a public draznage system. Related to that is
an additional liability of maintaining that drainage system, which has an
associated cost. The County could assume that liability and find some funding
mechanism to deal with it. Another alternative, which has not been widely
successful, is to require the property owners to szgn a maintenance agreement
and for them to maintain the basins. The County does this now where most
major projects have on-site detention. Whether it would work in these types
of neighborhoods is unknown. The list that the Engineering Division has put
together lsa significant list and it puts that issue in front of the Board.
Mr. Bowerman said he thinks the zssue has been before the Board for the
last 20 years. When there is a new development, the homeowners' association
has been required to deal with it. When there are developed areas where the
drainage was insufficiently accounted for, he feels the County has an
obligation to insure to the existing citizens whose plans for the homes they
live in were approved by either the Planning Commission or this Board, that
the problem will be fixed in order to maintain a safe community. This razses
issues, but he does not believe there is any other choice.
Mr. Martin said the ~3.estion today is how the Board members feel about
putting this project ahead of other projects knowing there is a strong
likelihood that the others can be continued as well.
Mr. Bowerman said that is his motion. Ms. Humphris gave second to the
motion. Ms. Thomas clarified that this is essentially Alternative #2. Mr.
Bowerman agreed. Ms. Humphris said she is comfortable with this motion
because the Board does not usually obligate money it does not know is
available. Alternative #2 accomplishes the same thing, but it still leaves
the possibility that the other projects can be started, if in fact, the money
is available. Mr. Bowerman said since there zs a potential problem with
easements, a lot of property owners must be contacted which puts a longer time
frame on the project.
Mr. Perkins said it seems to him that the only projects the Board needs
to look at are the first two. The Board just changed the priority of Birnam
Basin and Minor Ridge. There are already funds available for Birnam Basin and
the funds won't be needed for a year, so it should not effect 3, 4, 5 and 6 on
· the list. Mr. Mawyer said staff was try~n~ t~ hold enough money in the Birnam
Basin project to purchase the land.
Mr. Marshall asked if the County is purchasing easements, or the actual
land. Mr. Davis said that for the Birnam Basin, it will be an actual land
purchase. Mr. Marshall said he can agree with land purchase, but for easements
he thinks the. peopie should be willing to donate to keep their basements from
flooding. Mr. Mawyer said there is no cost for the easements. Mr. Perkins
said he believes there should be a real effort to get donations for the
basins. Mr. Bowerman said that some of it is developable land. Mr. Davis
said if the basin is part of a larger project, an effort is made to get
dedication of the necessary land. In this particular situation, the land has
developed around the area that is necessary for the basin, and the land is not
owned by the people who are developing. Mr. Bowerman said part of it is also
an earthen dam which is part of the parkway path system through Whitewood
park. It is all interconnected.
COUNTY OF ALBEMARLE'
EXECUTIVE SUMMARY
AGENDA TITLE:
Airport Road Improvements (Rt. 649)
SUBJECT/PROPOSAL/REQUEST:
AGENDA DATE:
October 6, 1999
ACTION: X
CONSENT AGENDA:
ITEM NUMBER:
INFORMATION:
INFORMATION:
Resolution to approve Airport Road improvements
STAFF CONTACT(S):
Messrs. TUcker, Cilimberg, Benish, Wade
ACTION:
ATTACHMENTS: Yes
REVIEWED BY:
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BACKGROUND:
The Charlottesville-Albemarle Airport Authority is requesting that the Board of Supervisors support a resolution for the
proposed improvements to Airport Road from Route 606 to Route 29 as presented at a Design Public Hearing held on
August 12, 1999. The improvements include widening the road to four lanes with landscaped raised medians, bike~lanes
.and sidewalks. ~
DISCUSSION:
The County's Land Use Plan, adopted on June 5, 1996, calls for widening Airport Road and controlling access ,to the
facility to the greatest extent possible. It also calls for bicycle facilities and walkways in conjunction with all majo~ road
improvements in the Hollymead Community. Further, the Land Use Plan General Design Standards for Roads call for
roads of four fanes or more in Communities to have walkways on both sides of the road and for bike facilities ito be
provided in accordance with the Bicycle Plan for the City of Charlottesville and Albemarle County, adopted by the (~ounty
on June 17, 1991. The Bicycle Plan calls for a bicycle facility along Airport Road as part of the EarlysvilleNVhitehall
Bikeway System. It is identified as a 1st Priority project in that plan. Finally, the CATS Year 2015 Project Plan calls for
widening Airport Road to four lanes on urban cross-section between Rt. 606 and Rt. 29. Staff feels the proposed Airport
Road improvements fulfill all of these recommendations and supports the proposal.
RECOMMENDATION:
Staff recommends the Board of Supervisors' endorsement of the attached resOlution.
Cc: Ms, Angela G. Tucker
Mr. BrYan O. Elliott
99,179
A RESOLUTION ENDORSING THE DESIGN IMPROVEMENTS TO STATE
ROUTE 649 (AIRPORT ROAD) IN ALBEMARLE COUNTY
WHEREAS, the Albemarle County Board of Supervisors supports the
improvements to Airport Road (Route 649) from Route 606 to Roue 649; and
WHEREAS, the Charlottesville-Albemarle Airport Authority held a Design
Public Hearing for this project on August 12, 1999 in accordance with said regulations,
policies and procedures; and, has reviewed all public comments and determined it to be
feasible and desirable to address these comments to the greatest extent possible in the
design of these road improvements; and
WHEREAS, the improvements are consistent with the County's Land Use Plan,
Bike Plan, and the CATS Year 2015 Project Plan.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board
of Supervisors recommends to the Commonwealth Transportation Board that the design
of State Route 649 (Airport Road) in Albemarle County as presented at the August 12,
1999 Design Public Hearing be approved; and
BE IT FURTHER RESOLVED, by the Albemarle County Board of Supervisors
that the Commonwealth Transportation Board fully evaluate the "Service Road" concept
as proposed by several property owners located south of this road near the intersection of
U. S. Route 29 for inclusion in this project;
1999.
Adopted by the Albemarle County Board of Supervisors this 6th day of October,
El'ia Care/ }
Clerk Board of S~s
AYES NAYS
David P. Bowerman Y
Charlotte Y. Humphris Y
Forrest R. Mashall, Jr. Y
Charles S. Martin (Absent)
Walter F. Perkins Y
Sally H, Thomas Y
DESIGN PUBLIC HEARING
TRANSCRIPT
STATE ROUTE 649
VDOT PROJECT
NO. 0649-002-158, C501
ALBEMARLE COUNTY
AUGUST 12, 1999
INDEX OF SHEETS
STATE ROUTE 649
ALBEMARLE COUNTY
DESIGN PUBLIC HEARING
PROJECT #0649-002-158, C501
Sign-in Sheet
Public Hearing Brochure
Composite Sketch - Road Improvements
Transcripts - Oral Comments
Written Comments
Summary of Comments and Recommendations
Tab
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CHARLO"~ ~ ESVILLE-ALBEMARLE AIRPORT AUTHORITY
STATE ROUTE 649 PUBLIC HEARING
AUGUST 12, 1999
]AME (Please print)
cffrey Morris
eter Kleeman
'riscilla Wilson
Iichard Jones
Ionnie & Gail King
:red Gerke
;harlotte Y. Humphris
;arol Finch
Yin. T. Linkous, Sr.
:~cott Marshall
..inda Wright
'~ebecca Wright
Van Wilson
,Nm. T. Linkous, Sr.
l:laude Harrison - Wachovia Bank
[3eorge W. DePietropolo
IVlimi Gehres
[)eborah Ray
~;~obert R. Humphris
,~,aron Olewin
13at Segan (Vacuum Sales)
I:inwood Dowdy (Vacuum Sales & Service)
Donald E Marion
Franklin Jones
.Keith Jones
IRichard and Anita Blaney
13aul Blincoe
,Carol Saunders
Kenneth G. & Linda Maupin
Bob Hull
W. A. Marshall, Jr.
Address
126 Reas Ford Rd
407 Hedge Street
4532 Stony Point Rd
Airport Rd
104 Lupine Lane
2365 Proffit Road
109 Falcon Dr
4303 Chris Greene Lake Road
1792 Airport Road
1791 Airport Road
P.O. Box 168
P.O. Box 168
4532 Stony Point Rd
1309 Carter Lane
P.O. Box 27602
1670 Airport Road/USPS
P.O. Box 9023 (UVAF)
109 Falcon Dr
114 Lupine Lane
3500 Seminole Trail
3500 Seminole Trail
Laurel Hill Baptist Church
Proffit Road
Proffit Road
1815 Greenplace Terrace
118 Deerwood Rd
2260 Fray Rd
3974 Pritchett Lane
315 Deer Drive
1791 Airport Road
City, State, Zip
Earlysville, VA 22936
Charlottesville, VA '22902
Barboursville, VA 22923
Charlottesville, VA
Charlottesville, VA 22911
Charlottesville, VA 22911
Charlottesville, VA 22911
Charlottesville, VA 22911
Charlottesville, VA 2291
Charlottesville, VA 2291
Earlysville, VA 22936
Earlysville, vA 22936
Barboursville, VA 22923
Charlottesville, VA 22901
Richmond, VA 23261
Charlottesville, VA 22911
Charlottesville, VA 22903
Culpeper, VA 22701
Charlottesville, VA 22901
Charlottesville, VA 22911
Charlottesville, VA
Charlottesville, VA
Charlottesville, VA 22911
Charlottesville, VA
Charlottesville, VA
Rockville, MD
Charlottesville, VA
Ruckersville, VA 22968
Charlottesville, VA
Ruckersville, VA 22968
Charlottesville, VA
Phone
804-974-9094
804-296-6208
804-973-5403
804-977-418'1
804-978-4493
804-973-4472
804-973-4768
804-973-4075
804-973-4702
804-973-4702
-804-978-4359
804-697-7659
804-975-9204
804-98~4848
540-727-3386
804-975-3605
804-973-6947
804-973-6947
804-973-6125
804-973-2450
804-973-2966
301-424-3787
...804-973-3635
'' 804-973-7593
804-973-5785
804-990-1151
804-973-4075
M/M C..F. Pietsch 745 Peach Way Earlysville, VA 22936 804-973-6328
Rick C.Eg_ffo_r__.d_(YD0_~) ............................ 160_1 Orange.Road ............ Culpeper; VA-22?01 540:829:7509 ........................
Roo E. Turochy 912 Jefferson Ave Waynesboro, VA 540-942-5924
W.E. Baker 2980 White Oak Lane Charlottesville, VA 804-973-7737
CHARLO I i ESVILLE-ALBEMARLE AIRPORT AUTHORITY
STATE ROUTE 649 PUBLI.C.. HEARING
AUGUST 12~ 1999
lAME (Please Print) Address
City, .State, Zip. ',
e. //¢
cti~ r~, 1i~,,
_~,,//~
Phone
CHARLO't' I ESVILLE-ALBEMARLE AIRPORT AUTHORITY
STATE ROUTE 649 PUBLIC HEARING
AUGUST. 12, 19'9~
lAME (Please Print) Address
City, State, Zip
,I
I¢
Phone
CHARLO ~ I ESVILLE-ALBEMARLE AIRPORT AUTHORITY
STATE ROUTE 649 PUBLIC HEARING
AUGUST '12~
~AME (Please Print)
Address City, State, Zip
Phone
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ff o,f~',/,, q..qboQ-
V'4-
CHARL~MARLE
DESIGN PUBLIC HEARING
ROUTE 649
ALBEMARLE COUNTY
LOCATION: MORTIMER Y. SUTHERLAND MIDDLE SCHOOL
2801 POWELL CREEK DRIVE
ALBEMARLE COUNTY, VIRGINIA
DATE: AUGUST 12, 1999
TIME: 5:30 PPl- 7:30 PM
VDOT PROJECT NO.
'Project: 0649-002-I58, C501
From: U.S. 29
To: Route 606
Project Length: 1.22 km (0.76 miles)
3UN-i0-i999 12:59 FROM DELTA AIRPORT CONSULTANTS TO C UILLE P.Di
AIRPORT
PROJECT
LOCATION
ALBEMARLE
COUNTY
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C1TT OF'
(]-IARL~2TI~SVlLLE
10,000
1"----10,000'
SCALE
10,000
20, ooo
FEET
HIGHWAY IMPROVEMENT PROJECT
ROUTE 649
Al ~EMARLE' COUNTY
PROJECT NUMBER: 064,9-002-158, C501
FROM: LIS RTE 29
TC~. ST^TE ETE GO~
~: t19 KM (0.?4 MILES]
DE[.TA .
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ROUTE
INTRODUCTION
The Charlottesville-Albemarle Airpor~ Authority welcomes you to the Design Public Hearing for the
Route 649 project.
The purpose of this Design Public Hearing is to provide a formal public opportunity for persons
acting on their behalf or representing a group 9r governing body to offer comments or submit '~witten
material for the record relative to the design features presently proposed for the project.
We encourage your input and have included a comment sheet for your use. All comments received
both orally and written, will be in the Public hearing transcript for review. Questions and concerns
will be resolved prior to a final decision by the Commonwealth Transportation Board (CTB).
METRIC PLAINS
The plans have been developed in metric units for all projects such as the ones being discussed at
this meeting. In order to aid in the ~.of our proposed project, all information
provided at this meeting will be given in~,,~.etrm umts. ':
PROJECT HISTORY
Route 649 is the main access corridor from US 29 to the Charlottesville-Albemarle Airport. Existing
Route 649 is currently a narrow, winding, 2-tane facility. With the increasing congestion and traffic
flow from Route 606 and the Airport, the intersection of Rome 649 with Route 606 becomes a safety
concern. The number of passengers served by the Charlottesville-Albemarle Airport is expected to
increase over 50°/'o by the year 2005 to over 400,000 and more than double by the year 2010 to over
620,000, which will significantly impact the already congested travel-way. In addition, existing
entrances staggered along this section of Route 649 increase traffic congestion and make movements
into and out of the Deerwood Subdivision, Industrial Park, U.S. Postal Service Distribution Center
and other existing businesses on Route 649 unsafe.
This project has been included in the County of Albemarle Secondary Road Pro,am for the past nine
years and is included in the County of Albemarle Comprehensive Plan. It is also addressed in the
Transportation Improvement Plan and Charlottesville Area Transportation Study as prepared by the
Charlottesville Metropolitan Planning Organization.
A Location Public Hearing for this project was held on January 29, 1998. During this hearing, ~vo,
alignments were presented for consideration. As a result of the hearing and input provided by the
public, a third alternative was developed and coordinated which follows the existing roadway
alignment from U.S. Route 29 to the southeast comer of the Charlottesville-Albemarle Airpor~
Authority property line. At this point the road alignment tums northwest to connect to the relocated
portion of Route 606 and the Airport Access Road. On July 17, 1998 the Commonwealth
Transportation Board approved this modified alternative ali_munent.
On December 3, 1998 an informational meeting was conducted with properrs.' owners, located along
this ali~munent, to review 30 percent complete plans. On April 29, 1999 another meeting was
conducted to provide an opportunity for adjoining property owners to review and cemment on 70
percent complete plans. The Airport Authority has attempted to address issues and concerns, raised
during these meeting, in the plans presented during both project information forums.
PROJECT DESCRIPTION
Route 649 is being designed as a four lane roadway with landscaped raised mediar~.-P~-tial funding
from The Enhancement Grant Pro.am has been awarded by the Commonwealth Transportation
Board for construction ofbikelanes and sidewalks for this project. If subsequent allocations from this
progrmn are provided, these elements of this project will be completed via this program; other,vise,
Secondary Road Funds will be utilized for their construction. The existing intersection of Route 649
and Route 606 is being relocated tO the northeast and will include traffic signals.
TRAFFIC DATA
Currently, Route 649 carries approximately 14,500 vehicles per day (1994) in the project area. By
the 2022 design year; the projected traffic volumes on Route 649 will be approximately 25,000
Vehicles per day.
ENVIRONMENTAL
VDOT has completed a State Environmental Review Process (SERP) fbr the Route 649 project. This
analysis included a review of the project corridor to determine any social, economic, and
environmental impact of the proposed project upon the community and surrounding area. As a result
of this study, it has been determined that no significant impact will result with the construction of this
project.
Statement for Stortmvater j¥lanagement
During construction, ali reasonable eftbrts will be made to protect the environment with respect to~
dust control, siltation and erosion. Stormwater management facilities will be incorporated into this
project. Construction will conform to .the nation, vide best management practices (B~fl:9, VDOT
specifications and special provisions, and the Virginia Department of Soil and Water Conservation
regulations.
FLOOD PLAIN IMPACTS
This project is not expected to generate any negative flood plain impacts.
RIGHT OF WAY
While efibrts have been made to minimize the impact to adjoining properties, construction of these
planned improvements will require acquisition of 11.4 acres of right of way.
Construction of this project wi[l displace The Airport Road Auto Center. No families or non-profi~
organizations will be displaced as a result of the proposed improvements.
As we further coordinate and finalize project development, additional easements for utility relocations
may be required beyond the proposed right of way shown on the public hearing plans. The property
owner will be informed of the exact location of the easement during the ri~t of way acquisition
process and prior to construction. Access to all properties will be maintained during construction.
ANTICIPATED COST
The anticipated cost (1'999 dollars) for engineering, roadway construction, ri_*_ht of way acquisition,
and utility relocations/adjustments is approximately $5.8 million. This projec~ is lis£ed in the
Virginia Department of Transportation's current Secondary Six-Year Improvement Plan.
SCHEDULE
The following actions remain for the project:
I. Review and evaluate comments received from the Design Public Hearing.
2. ~ Presentation to the Commonwealth Transportation Board ('Fall 1999).
3. Begin right of way acquisition (Fall 1999).
4. Advertise for construction (Fall 2000).
5. Begin Construction (Spring 2001).
ADDITIO~'AL INFORMATION
Project information, including drawings relevant to the proposed project and comments made at this
hearing, are to be a part of the official record and will be available tbr public review at the following
locations:
Albemarle Co. Dept. of Planning Charlottesville-Albemarle Airport Authority Charlottesville Residency
& Community Development 201 Bowen Loop Rd. 701 VDOT Way
401 Mclntire Road Charlottcs¥ille. VA 22911 ChaZlotten'ille. VA 22911
Charlonesville, VA 22902
W I:U. TTEN COi~I~'YI~ENT$
In order to be a part of the official transcript of the public hearing, written comments or questions.
should be submitted within ten days (August 22, 1999) of the punic hearing and should be mailed to:
Mr. Bryan Elliott, A.A.E., Executive Director
Charlottesville-Albemarle
Airport Authority
201 Bowen Loop
Charlottesville, Virginia 22911
RIGHT OF WAY ACQUISITION
Information regarding rig,bt of way acquisition procedures may be obtained from:
Mr. Bryan Elli0tt, A.A..E., Executive Director
Charlottesville-Albemarle
Airport Authority
201 Bowen Loop
Charlottesville, Virginia 22911
DESIGN PUBLIC HEARING
ROUTE 649
ALBE51ARLE COUNTY
Date: August 12, 1999
COMMENT A/ND QUESTION SHEET
(Please Prin0
NAME:
ADDRESS:
CITY/STATE/ZIP:
1. Do you suppoR this project7 Yes __
With modifications (explain)?
No
2. Please provide us with any comments, which you would like considered in the development of
this project.
3. Were project representatives able to answer your questions7
Please leave this comment sheet at the designated ,location or mail your comments within 10
days.
VDOT PROJECT NO.
064%002-t58, C50I
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UPGRADE STATE ROUTE 649
OH~RLOI'mSVlLLE-N. BEMARLE NRPORT
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ORIGINAL
CHARLOTTESVILLE - ALBEMARLE
AIRPORT
DESIGN PUBLIC HEARING
ROUTE 649
ALBEMARLE COUNTY
Location:
Mortimer Y. Sutherland Middle School
2801 Powe!l Creek Drive
Albemarle County, Virginia
Date: August 12, 1999
Time: 7:00 - 9:00
VDOT PROJECT NO.
Project: 0649-002-158,C501
From:
To:
Project Lengt'h:
U.S. 29
Route 606
1.19 km (0.74 miles)
COURT REPORTERS, INC.
sO9 ~ HIGH STREET
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August 12, 1999
The following statements were given by ROBERT HULL
and LINDA MAUPIN.
ROBERT E. HULL: Okay, this is Robert Hull
for Robert and Laura Hull, Tax Map 32, Parcel 41-H on Airpcr5
Road. And we have two comments on the--the construction than
we would like to have looked at on our property. One is a
driveway entrance curve which was in the design at the Apri'.
'99 meeting has been dropped. We would like that replaced
where it was on the west corner of the property. Number
we have sewers stubbed out on the south end of the property,'
between our property and the storage facility And when
state takes over that rear part we would need to have that
sewer extended back up so than it is on the remainder parcel
so that we would still have access to it as we have now.
Those are the two items that we would like to see implemented
on Tax map 32, Parcel 41-H. Thank you very much.
LINDA MAUPIN: My name is Linda Maupin and my
concern is why do we encourage people to walk on' sidewalks
and people to ride bicycles on roads that you'll are saying
will carry huge amounts of traffic? It looks like that would
be somewhan of a safety hazard. And if we need this, why-
couldn't we have a combination of bicn~cles riding on the
LANE'S COURT REPORTERS. INC.
609 E. HIGH STREET
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sidewalks because I think the number of people using the
sidewalks would be very small. And I think the bikers would
be safer up on an elevated sidewalk than they would on a bike
lane, particularly if they were close to the h~ghway lane.
Thank you.
COURT REPORTER: Say your name again.
LIN-DA MAUPIN: This is Linda Maupin and we're
concerned with the median strip only having a few entrances
and exits back and forth. And it seems to us that maybe two
lanes going west and ~two lanes going east with one center
turning lane would function well because this is a commercial
road. And the concrete median strip tends to deny access to
commercial businesses. This is not a residential area, it's
a commercial area and the land is priced accordingly. Thank
you.
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609 t=' HIGH STR£ET
~--ESVILLE. VIRGINIA 2.2902
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STATE OF VIRGINIA AT LARGE:
I, Henrietta Bowman-Adams, Notary Public in and lc:
the State of Virginia at Large having been so duly commis-
sioned and qualified do certify that the foregoing public
hearing was duly taken by me at the time and place specified
in the caption hereof.
,I do further certify that said public hearing was
correctly taken by me by mechanical methods and that the same
was accurately written out in full and transcribed into the
· English language by Deborah L. Lawrence and that said tran-
script is a true, accurate and correct record.
I further certify that I am neither attorney nor
counsel for or related to or employed by any of the parties
to the action in which this public hearing was taken and
further that I am not a relative or employee of any attorney.'
or counsel employed by the parties hereto or financially
interested in this action.
My commission expires June 30, 2002.
Given under my hand and seal this 13th day of
August, 1999.
Notary Public
LANE.r; COURT REPORTERS. IN(::.
DESIGN PUBLIC HEARING
ALBEMARLE COUNTY
ROUTE 649
Date: August 12, 1999
COMMENT AND QUESTION SHEET
(PLEASE PRINT)
NAME: M. Van Wilson
ADDRESS: 4532 Stony Point Road
CITY/STATE/ZIP CODE: Barboursville, VA 22923
l. Do you support this project? Yes No X
Traffic projections for the year 2023 AD show this project to be an extrava_oant
and wasteful use of our secondary road funds,..our FAA trust funds, our Virginia Dept. of
Aviation funds, and Albemarle County taxes.
Traffic counts for 1994 AD are overstated by 100% by VDOT.
2. Please provide us with any comment, which you would like considered in the
development of this project.
The proposed road should ot have a concrete center divider as this is causinE
hardship to businesses along the road. It is also more dangerous than flush pavement as it
causes "tripping."
The Kellerco peak traffic prqiections for the year 2023 AD show high density
traffic worthy of 4 lanes only between Hi~ohwa¥ 29 and "Road B" which is expected to
be a future access road into and from the University Research Park.
Kellerco predicts that peak hour traffic, both mornino and evening, from "Road
B" westward toward Rt. 606 to be at modest levels easily handled by a two lane r. oa..d, and
most of this traffic is commuter traffic to and from Earlvsville.
To facilitate this commuter traffic, Rt. 649 whould not be rerouted to the north as
shown in the present drawings as this makes the trip longer for the majority of traffic.
To luther serve this large Percentaee ofcommuter traffic, Tr. 649 should curve to
the SOUTH and blend in with Rt. 606. This would avoid the traffic light and left turn
required by the present plan. Kellerco projections show that if the present plans are
folIowed, in 2023 AD, morning rush hour westbound traffic will be 71% making, a left
turn. Evening..rush hour will see 90% attempting a lef~ turn. This is absurd road and
traffic desi~on.
If the present plans are followed, a lame amount of taxpayer money will be
wasted, businesses along the road w/Il suffer hardship, safety will be compromised, and
the maiority of traffic will have a longer, slower, and more difficult trip. Now, while
these plans are only.0n paper, is the time to stop this waste.
3. Were COUNTY representatives able to answer your questions?
N.o.
Please leave this comment sheet at the designated location or mail your comments
WITHIN 10 DAYS to the addressee on the reverse side.
VDOT PROJECTNO. Project: 0649-002-158, C501
DESIGN PUBLIC HEARING
ALBEMARLE COUNTY
ROUTE 649
Date: August 12, 1999
COMMENT AND QUESTION SHEET
(PLEASE PRINT)
NAME: Priscilla L. Wilson
ADDRESS: 4532 Stony Point Road
CITY/STATE/ZIP CODE: Barboursville, VA 22923
1. Do you support this project? Yes __
No _X
I do not object to widening Rt. 649, but I do ob_~ect to the excessive approach.
Too much money .is being allocated to make a grand entrance to the airport with little
consideration for the business and home owners who travel and access this rOad on a
_daily basis. We contribUte our tax money and I very much protest it's use in this manner.
2. Please provide us with any comment, which you would like considered in the
development of this project.
.A..) Safety: The proposed concrete median allows only a few to access traffic in either
direction. Others have to go to busy intersections and make dangerous "Ur" tums. There
is far more traffic on Rio and Hydraulic roads and they are not burdened with a median.
B.) Bicycle paths and sidewalks: From my daily observation there is very little need for
this extrava~,ance. The numbers of bicycles and pedestrians are so few as to be ludicrous.
C.) Accountability: The Airport "authoritV" is the major proponent of this project and the
citizens who pay taxes and contribute to the local economy are being hurt.
3. Were COUNTY representatives able to answer your questions?
I never found such a person. Everyone I talked with said they were not responsible.
They either worked (consulted) for the Airport Authority or represented VDOT. It
seemes that VDOT has entrusted this project to the Airport Authority and the County
taxpayers are simply going to pay for whatever the Airport Authority chooses to foist
upon them. I see little representation for taxpayers in this proje, ct.
Please leave this comment sheet at the designated location or mail your comments
WITHIN 10 DAYS to the addressee on the reverse side.
VDOT PROJECT NO.
Project: 0649-002-158, C501
CO~IPO~ATIE OI:I:ICE
Commerce Building
PO Box
Charlotteaville. VA
804.977.41B1
~AX,295.8025
OOUGLAS E. eATON
Preaident
R;CHARD H. JONES,
Senior Vice President
LE~ DEL GRE(~O W000
V~ce President
CHARL~3TTESVILL. E
MAIN OFFICE
804. 977,2702
FOUR SEASONS
804.87;3.4339
WESTGATE
703.36B.0164
804.747.6B94
540.S44.1842
GLAOE
540.9B5,4700
540,G89.4711
Mr. Bryan ElliotL AAE
Directior of Aviation
Charlottesville-Albemarle
Airport Authority
201 Bowen Loop
Charlottesville, VA 22911
RE: Route 649
Project: 0649-0q2-158, C501
1770 Airport Road
Tax Map 32, Parcel 41B
Dear Bryan,
I attended the public hearing on August 12, 1999 and
reviewed the 70% plans which were on view for the public.
I would like to take this opportunity to comment on the
design.
When i met with Richard Caywood, Assistant
Resident Engineer at VDOT on July 14, 1999, the design
included a new entrance on the south side of Rt. 649
centered between my property and Parcel 41 Pl. The most
recent design plans do not include this new entrance, and
they should.
This entrance is right at the median break. The
natural, safe means of entering my property and Parcel
41H (1792 Airport Road) is by turning left (driving west) at
the median break and going straight into this new
entrance. Without that entrance, drivers would have to
drive all the way up to the second median break at the
UVA Research entrance, do a U-turn, then drive back to
these properties.
Bryan Elliott
August 20, 1999'
Page Two
This entrance is a simple, safe, inexpensive rfleans
of providing ingress and egress to both of our properties.
The Delta Airport Consultants who have been designing
this road felt that it was a good idea, and when I spoke to
one of their designers on August 12, he agreed that this
would be a simple thing to add back into the design. I
agree and urge you to do this.
General Partner
Airport Road Limited Partnership
Cc:
Tom Linkous, Sr.
Robert Hull
Douglas E. Caton
Wayne Cilimberg
Angela Tucker
File #93735
DESIGN PUBLIC HEARING
ALBEMARLE COUNTY
ROUTE 649
Date: August 12, 1999
COMMENT AND QUESTION SHEET
AUG 2 3 1999
NAME:
ADDRESS:
CITY/STATE/ZIP CODE:
Peter T. Kleeman
407 Hedge Street
Charlottesville VA 22902
1. Do you support this project? Yes X No
But, I believe it is essential to provide better descriptions of potential impacts of this project in a more readily
understood format. The SERP material presented is a collection of documents that appear to be incomplete, difficult to
interpret, and inconsistent.
2. Please provide us with any comment, which you would like considered in the development of this project.
The SERP process presented appears to have thc following errors and deficiencies:
(i) The original (5/22/97) letter identifies the project as a maig~r project (and resource agencies noted that they agreed
with this c, lassification) but requestes no response from the state resource agencies because it would be subject to the
Federal NEPA environmental process. The follow up letter (1/7/99) identifies the project as a non-maior project and
requested ihformation from the resource agencies. But, no responses are presented in the SERP documentation.
(ii) In response to the original letter, some requests were made for additional information in order to complete a review
and provide comments. But, no material relating to such requests is given in the SERP material. Was this requested
material ever supplied?
(iii) I am concerned that no responses to the follow-up letter are included in the documentation. Is this a normal
occurrance? Were comments returned to VDOT but. not included in the SERP or not considered? Is a process where a
request for comments is made, but none provided considered by VDOT to provide adequate consideration of possible
environmental impacts? Did the specification of the project as a non-major rather than major project in the follow-up
letter discourage the resource agencies from investigating potential impacts and providing comments?
(iv) Noise issues should be addressed in some form - even though they don't appear to be required in the SERP process.
,_ Airports are by their nature noise generators, as are highways with significant commercial traffic. I believe that the
'"public should be given some credible estimates of the combined noise lrvels anticipated over thc design lit% of the
proposed project. Providing this information would not be difficult (assuming the airport has estimates of noise as a
funcuon of their anticipated air traffic growth - part of the reason for this highway improvement.
3. Were COUNTY representatives able to answer your questions?
No. In fact the VDOT staff, the consultant at the environmental documentation table also xvere unable to answer
questions regarding the environmental process, the reqmrements of the SERP process as to major or non-major project
designation, and other environmental questions regarding the project. Clearly, the environmental issues associated with
projects have not been a concern of any significance in the project development process.
VDOT PROJECT NO.
Prniect: 0649-002-158. C5(~1
Design Public Hearing
Albemarle County
Route 649
Date: August 12, 1999
Comment and Question sheet
Name: Kenneth.G. Maupin
Address: 3974 Pritchett Lane
City/State/Zip Code: Charlottesville, Virginia
22911
1. Do you support this project? Not as designed.
Question the accuracy of'traffic study based on 1994 figures which showed usage before
Murray Manufacturing closed and Teledyne reduced staff, and did it take into consideration the
future 29 Access road across from entrance to UVa Research Park.
80% of the property is commercial---a continuous turn lane would better serve the
landowners and the public they serve.
Do not believe a raised median with limited crossovers is safer than a continuous turn
lane on a road with this many commercial properties because it forces so many U-turns.
Our property loses over 50% accessibility. The present traffic can enter and exit from
east or west. With the new road, the traffic can only enter from the west and exit to the east. It is
imperative for a business to have access in both directions. I know firsthand that the' lack of
access kills business as this happened to my business on 29 north when an access was closed by'
VDOT. We need a service road access similar to the one at the Airport Center Industhal Park or
Virginia Realty.
I also believe that bike lanes are not needed.., they are too expensive ($690,000... 3
meters/22.8 meters x $5.3 cost of project), tob dangerous and neither comes from nor leads to
any other bike connections
2. Please provide us with any comment, which you would like to consider in the
development of this project.
The drain line, for the Water retention pond, needs to be moved next to the property line
so as not to destroy future development of the property.
No raised concrete median strip.
Need to place sewer line and water meter serving Maupin's on plans.., did not see when
reviewed 8/11/99 & 8/12/99.
Make private drives wider to accommodate safer entrances and ex/ts onto Airport Road.
Make the water retention ponds deeper so they would not take as much land.
3. Were County representatives able to answer your questions?
The plans we reviewed Wednesday 8/11/99 at the airport were old plans.., they were not
the updated plans that were at the meeting on Thursday night. The main difference xvas the
location of the water retention pond and pond drainage pipes.
Copies of the plans w/th the latest changes were not available until Friday August 20th..
Please leave this comment sheet at the designated location or mail your comments
WITItI3/10 DAYS to the address on the reverse side.
V'DOT PROJECT NO.
Project: 0649-002-158, C50I
DESIGN PUBLIC HEARING
ALBEMARLE COUNTY
ROUTE 649
Date: August 12, 1999
COMMENT AND QUESTION SHEET
(PLEASE PRINT)
NAME: Tom's Auto Service - Wm. T. (Tom) Linkous, Sr.
ADDRESS: 1792 Airport Road
CITY/STATE/ZIP CODE: Charlottesville, Virginia 22911
1. Do you support this project? Yes X No ~ With modifications discussed below
Ref. Tax Map 32 - Parcel 41 H - as long as it takes into consideration reasonable request such as
entrances - sewer and compensation for loss of business due to construction - Hardship - not petty
- not normal trends.
2. Please provide us with any comment, which you would like considered in the development of
this project.
1. Ref. Tax Map 32 - Parcel 41H - we have at least 1 large, long chassis delivery truck in this
property each day. It can "not" make a safe U-turn without backing up. I also have tractor trailers
in and out - we "need" the entrance to the west comer facing airport road that was shown on the
previous map. The...entrance was shown across the rad from Airport Auto Center.
2. The sewer hook-up should be run to the back of property (south-side)..
3. Were COUNTY representatives able to answer your questions?
Most questions would be taken under consideration.
Please leave this comment sheet at the designated location or mail your comments WITHIN
10 DAYS to the addressee on the reverse side.
VDOT PROJECT NO.
Project: 0649-002-158, C501
DESIGN PUBLIC HEARING
ALBEMARLE COUNTY
ROUTE 649
Date: August 12, 1999
COMMENT AND QUESTION SHEET
(PLEASE PRINT)
NAME: Gerard R. Deilv, P.E.
ADDRESS: 1309 Caner Lane
CITY/STATE/ZIP CODE: Charlottesville, Virginia 22901-3103
1. Do you support this project.'? Yes X No
With modifications discussed below
Although not evident on the plans at this point. I believe it is appropriate for the Airport
Authority and Delta Airport Consultants to consider interfaces with other potential sources of
Aimort traffic. This should involve coordination with the University_ of Virginia regardingset-aside
of;right--of way for hieh-cap..acity transit, such as a light-rail line from Charlottesville to serve the
planned 12,000 employees of the UVA North Fork Research Park. Rather than develop the Rt. 649
proiect in isolation, it should be considered in a larger context. Specifically, there should be
coordination with the Charlottesville-Albemarle MPO and it's Sinele-Occupancv Vehicle
Alternatives Advisory. Committee. This would save taxpayers money by avoiding an expensive
future retrofit to allow ROW for transit. P.S. Handout did not properly show baseline from which
airport traffic increase percentages were developed.
2. Please provide us with any comment, which you would like considered in the development of
this project.
3. Were COUNTY representatives able to answer your questions?
Please leave this comment sheet at the designated location or mail your comments WITHIN
10 DAYS to the addressee on the reverse side.
VDOT PROJECT NO.
Project: 0649-002-158, C501
DESIGN PUBLIC HEARING
ALBEMARLE COUNTY
ROUTE 649
Date: August 12, 1999
COMb/lENT AND QUESTION SHEET
(PLEASE PRINT)
NAME: Robert E and Laura L Hull T.M. 32 Parcel 41H
ADDRESS: 315 Deer Drive
CITY/STATE/ZIP CODE: Ruckersville, Virginia 22968
1. Do you support this project? Yes X No
With VDOT consideration and implementation of reasonable requests by affected propertv
owners.
2. Please provide us with any comment, which you would like considered in the development
of this project.
1. A driveway entrance curb which was in design at the April 1999 meeting has been dropped.
we would like that replaced where it was on the west comer of the property ......
2. Sewer is stubbed out on the south end of the property. It needs to be extended so that it
will be on the remainder parceI.
Were COUNTY representatives able to answer your questions?
Please leave this comment sheet at the designated location or mail your comments WITHIN
10 DAYS to the addressee on the reverse side.
VDOT PROJECT NO.
Project: 0649-002-158, C501
CHARLOTTESVILLE-ALBEMARLE AIRPORT AUTHORITY
ROUTE 649 RELOCATION PROJECT
Public Comment Sheet
Name: Ginnv & Jim Hahn Date: August 10, 1999
Address: I540 Airport Road, Suite 101
Charlottesville, Virginia 22911
Phone: 804-973-1111
CommentS: The Business Park Access to our Airport Office Center (AOC) seems consistent
with our interpretation of the project as it hffects us, and we approve tentatively. Once the
work is completed, request that we be permitted to assess at that time if the commercial si~,n
beside Rt. 649 mi~,ht be relocated to be readily seen.
Name: Date:
Address:
Phone:
Comments:
3. Name: Date:
Address:
August 18, 1999
Mr. Bryan Elliott, A.A.E.
Director of Aviation
Charlottesville-Albemarle Airport Authority
201 Bowen Loop
Charlottesville, Virginia 22911
Dear Mr. Elliot,
Thank you for the information regarding the widening of Airport Road
that you provided at the Design Public Hearing on August 12, 1999, and for the
opportunity to again provide input to the plan for the project.
We wish to make the following comments:
1. We appreciate that the plan continues to show the road down the
side of our property to be on property owned by Avis. Our property
is not large, and the widening of Airport Road is being done nearly
entirely on our side of the road. In addition, the desire to connect
Deerwood. and Dobleann Drives while also connecting the Avis
property will cause land to be taken from the back of our property.
We certainly do not want to lose further land on the side.
2. The road cutting across the back of our property will shorten our
property's septic field. Mr. Gary Shipley of Delta Airport Consultants,
Inc. has indicated that approximately 33' of the end of the septic
drain field will be impacted. Mr. Shipley's septic system design
subconsultant has recommended that four new 50' long drain lines
be added to the four existing 100' long drain lines. Because the
addition of four new drain lines will widen the septic field and affect
the future utilization of our property, we request that the alternative
of connecting to the county sewer system be analyzed. The property
adjacent to us was r.ecently purchased by WWW Electronics and their
preliminary site plan shows the county's sewer line being brought
across Rt. 649 for their facility. The Albemarle County Service
Authority has indicated that approval of the preliminary site plan for
WWW Electronics will be conditional on allowing adjacent property
owners access to the sewer line. So there may be an alternative to
widening our septic field and we would like it considered.
3. As we have discussed previously, we would like the road across the
back of our property to be located as far to the rear of our property
as possible. The. drawings presented at the Design Public Hearing
showed that about 30' of our property remained on the other side of
the road. We request that the path of the road be moved as far back
as possible. One alternative is for the road from Dobleann Drive to
turn slightly northward after clearing the existing parking area of
Mastercheck Bureau of Credits, Inc. The road could then run along
the very back end of our property. Another alternative is for the road
from Dobleann Drive to impact on some of Mastercheck's existing
parking area and then continue along the back end of our property.
This alternative may be possible as Mastercheck seems to have space
available for parking on the other side of their property, lj~ any case,
we are going to lose a significant amount of land across the front of
our property and more land in the back. We would like the road
along the back to be as far to the rear as possible.
4. Our existing driveway will be adjacent to the new road built on the
Avis property. We want to be sure 'that we can use the driveway to
get from the front of our property to the rear without having to go
on the new road. We would .appreciat~ your assurance that we will
be able to do so. ~
:
Thank you again for your past assistance.
Cc: V. Wayne Cilimberg
Angela G. Tucker
Sincerely,
Anita and Richard Blaney
Page
,Bryan O. Elliott
From:
To:
Cc:
Sent:
Subject:
Wayne Cilimberg <WCILIMB@exch.co.albemarle.va.us>
'Bryan O. Elliott' <boe@cfw.com>
David Benish <DBENISH@exch.co.albemade.va.us>
Tuesday, August 24, 1999 12:00 PM
RE: Responses to Comments filed during/after Public Hearing
The County's Land Use Plan, adopted June 5, 1996, calls for widening Air~ort
Rd and controlling access to the facility to the greatest extent possible.
It also calls for bicycle facilities and walkways in conjunction with all
major road improvements in the Holiyrhead Community. Also, the Land Use Plan
General Design Standards for Roads call for roads of four lanes or more in
Communities to have walkways on both sides of the road and for bike
facilities to b'e provided in accordance with the Bicycle Plan for the City
of Charlottesville and Albemarle County, adopted by the County July 17,
1991. This plan calls for a bicycle facility.along Airport Rd. as part of
the Earlysville/Whitehall Bikeway System. It is identified as a 1st
Priority project in that plan. Another pertinent reference is.the CATS Year
2015 Project Plan which calls for widening Airport Road to four lanes on
urban cross-section between Rt. 606 and Rt. 29.
:
..... Original Message----
From: Bryan O. Etliott [SMTP:boe@cfw. com]
Sent: Monday, August 23, 1999 4:23 PM
To: Wayne Cilimberg
Subject: Responses to Comments filed during/after Public
Hearing
Wayne:
Help!l! I need some assistance with responding to some of the
comments made by citizens on Route 649. Could you provide specific document
names/cites for:
a. County plans calling for road section to be an Urban Design with
bikelanes/sidewalks, ie. County of Albemarle Comprehensive Plan dated
or County of Albemarle Bike Plan dated . ????
Thanks for your help.
Bryan
lVlaregernent Se~vbes Corporation
Commerce Building
102 S. First St., Suite
Charlottesville, VA 22902'--'
PO Box 5~)06
Charlottesville, VA 22905
804.977.4181
FAX.295.EIO25
DOUGILA$ E. CATON
Chief Executive Officer
RICHARD H. JONES, CPM
Preeident
LEE OEL GRECO WOOD
Senior Vice President
LINDA S. CARLSON
Vice Preeident.
Property Manegemena
DANIEL E, PHILLIR$
President, Finance
Vice
RONOA L. PURYEAR
Vice Preeident, Marketing
DEAN T. WENGEP
Vice Preeident, Controller
MAIN OFFICE
B04.977.2702
FOUR SEASONS
804.973.4319
MANASSAS
WESTGATE
703,1369.0164
HARBO~ VILLAGE
804.747.6894
HICKORY WOODS
540.~44.1842
~LADE CREEK
540.985.4700
SALEM WOOO
540.~89.471~
September 13, 1999
Mr. Bryan Elliott, AAE
Director of Aviation
Charlottesville-)~lbemarle
Airport Authority
'201 Bowen Loop
Charlottesville, VA 22911
Re: Route 649
Project: 0649-002-158, C501
Tax Map 32, Parcels 4lB, 41tt, and 41G
Dear Bryan:
I would like to follow up on my letter to you of August 19, 1999 in which
I argued for a joint entrance straddling the property line between my parcel 4lB
and Bob Hutl's parcel 41H, which would be directly in front of the median break.
In order to have a joint position, Bob Hull, Kenneth Maupin, Tom LirLkous
and I met on site on Thursday, September 9, 1999 to review the current road
design as well as some of the earlier design plans. To assist with understanding
the details and evaluating the overall impact, we included Jo Higgins, formerly
the Al'bemarle County Engineer, in our meeting.
Ali of these property owners have agreed, and are firmly in favor of, a
commercial grade entrance to line up with the end of the concrete median and
straddles the property line between parcels 4lB and 41H. The entrance
construction must include grading to tie into the existing travel way at the front of
Tom's Auto and the exiting residential driveway on 4lB. This is absolutely
essential to the large trucks and wreckers that routinely come from the east. We
have agreed that an access road gp!ng from this entrance back to the rear of Bob
Hull's property, and then cmmecting to parcel 41G, Kenneth Maupin's property,
would .not be a good idea.
We have agreed and propose that Bob and Kenneth close their 2 existing
entrances, with a new commercial grade entrm~ce to be built straddling their joint
property line. It is imperative that the proposed sidewalk which is now shown
ending at Bob Hull's property, continue towards Rt. 29 to include the front of'
Kenneth's property.
We have not yet discussed this With Malon Updike of Wachovia, but we
think that providing parcel 41G with ingress and egress throUgh the entrance at
parcel 37B1 would tie all 4 properties together, creating a travel way for
Wachovia customers to head West on Rt. 649. Since the design to date hasn't
addressed this, the exact details would need to be worked out on this with input
from Kenneth.
We feel that these 2 new entrances will provide for good, safe ingress and
egress to all three (or four) properties, eliminating the need for U-tums at the
median break, and eliminating the proXimity of Kenneth's current entrance to the
Wachovia'entrance. These proposed entrances will have a positive impact on
these sites and off the sites as well. All of us, of course, prefer that there be no
raised median whatsoever, which restricts our customers' access to and from our
properties. However, we feel that the 2 entrances we propose will result in the
best, fairest, and safest compromise.
Finally, we are asking the Basin "A' be reconfigured to maximize the
useable depth of the primary residue of Bob Hull's property that front's Rt. 649.
If elongated in a Westerly direction, it seems that the same volume could be
attained. This will reduce th~~ negative impact on the front of Bob's property,
leaving him with a more useful lot fronting Rt. 649.
With respect to Basin' "A", we are also in agreement that parcel 4lB must
have a permanent drainage easement to this basin.
You may reach Ken Maupin at 973-5785, Bob Hull at 990-1151, Tom
Linkous at 973-4768, or me at 977-4181. We did not have time to jointly sign
this letter, but we have all seen it and agreed upon its contents. We are firmly
together on these issues and resolved to do whatever it takes to insure that these
plans are implemented in order to reduce the impending, negative impact upon
our properties.
Sincerely,
Richard H. Jones ~
General Partner
Airport Road Limited Partnership
cc: Kenneth Maupin, Douglas Caton
Tom Linkous, Sr., Robert ][tull
Charles Martin
Wayne Cilimberg
Angela Tucker
Jo Higgins
File #93735
September 10, 1999
Mr. Bryan Elliott, AAE
Directior of Aviation
Charlottesville-Albemarle
Airport Authority
201 Bowen Loop
Charlottesville, VA 22911
RE:
Route 649
Project; .0649-002-158, C501
Tax Map 32, Parcels 41B, 41H, and 41G
Dear Bryan,
I would like to follow up on Rick Jones' letter to you of August 19, t999
in which he discussed a joint entrance straddling the property line between
parcel 41H and his parcel 41 B, which would be directly in front of the median
break.
In order to have a joint position, Bob Hull, Kenneth Maupin, Tom
Linkous and Rick Jones met on site on Thursday, September 9, 1999 to
review the current road design as well as some of the earlier design plans. To
assist with understanding the details and evaluating the overall impact, we
included Jo Higgins, formedy the Albemarle County Engineer, in our meeting.
All of these property owners have agreed, and are firmly in favor of, a
commercial grade entrance to line up with the end of the concrete median
and straddle the property line between parcels 41B and 41H. The entrance
construction must include grading to tie into the existing travelway at the front
of Tom's Auto Service and the existing residential ddveway on 41B. This is
absolutely essential to accommodate the large 18 wheelers and wreckers that
routinely come from the east. We have agreed that an access road going
from this entrance back to the rear of Bob Hull's property, parcel 41 H, and
then connecting to parcel 41G, my property, would not be a good idea.
We have agreed and propose that 13ob and I close our 2 existing
entrances, with a new commercial grade entrance to be built straddling our
joint property line, as shown on previous map. It is imperative that the
proposed sidewalk which is now shown ending at Bob Hull's property,
continue towards Rt. 29 to include the front of my property.
We have not yet discussed this with Malon Updike of Wachovia, but
we think that providing parcel 41G with ingress and egress through the
entrance at parcel 37BI-would tie all 4 properties together, creating a travel
way for Wachovia customers to head west on Rt. 649. Since the design to
2Bryan Elliott
Septembei' 10, 1999
Page 2
date has not addressed this, the exact details would need to be worked out on
this with input from Mr. Updike and myself
We feel that these 2 new entrances Will provide for good, safe ingress
and egress to all three (or four) properties, eliminating the need for U-turns at
the median break, and eliminating the proximity of my current entrance to the
Wachovia entrance. These proposed entrances will have a positive impact on
these sites and off the sites as well. All of us, of course, prefer that there be
no raised median whatsoever, which restricts our customers' access to and
from our properties. However, we feel that the 2 entrances we propose will
result in the best, fairest, and safest compromise.
The county sewer line which is stubbed out at the rear of. Bob Hull's
Parcel 41h needs to be brought forward and stubbed out on the remainder of
Parcel 41h as requested previously verbally and in wdting.
Finally, we are asking that Basin "A" be reconfigured to maximize the
useable depth of the primary residue of Bob Hull's properly that front's Rt 649.
If elongated in a westerly direotion, it seems that the same volume could be
attained. This will reduce the negative impact on the front of Mr. Hull's
property, leaving him with a more useful lot fronting Rt. 649.
With respect to Basin "A", we are in agreement that parcel 41B and
41H must have a permanent drainage easement to this basin.
You may reach Ken Maupin at 973-5785, Bob Hull at 990-1151, Tom
Linkous at 973-4768, or Rick Jones at 977:4181. We did not have time to
jointly sign this letter, but we have all seen it and agreed upon its contents.
We are firmly together on these issues and resolved to do whatever it takes to
insure that these plans are implemented in order to reduce the impending,
negative impact upon our properties.
Sincerely,
Kenneth Maupin
Kenneth G. & Linda Maupin
3974 Pritchett Lane
Charlottesville, VA 22911
Sept. 13,1999
Bryan Elliott
Charlottesville-Albemarle Airport
201 Bowman Loop
Charlottesville, VA 22911
Dear Bryan,
There are a few points I would like to address that pertain to our property
that are not addressed in the joint letter. ~.
One, we need to either move the water retention pond drain line Closer to our
property line or install one that can be built on.
Two, we would like to have drainage easement to the water retention pOnd.
Three, we need the pavement from our parking lot to extent as close to the
right of way as the county will allow so as to save as many parking places as
possible.
Thank you,
Kenneth G. Maupin
DESIGN PUBLIC HEARING
Route 649, Airport Connector
Albemarle County
Project 0649-002-158, C-501
August 12, 1999
Summary of Comments and Recommendations
Oral Comments
Robert E. Hull, Property Owner, Parcel 41-H:
Comment: Requested entrance, as shown on'Plans at previous meeting in'Apr/l, 1999, be
replaced. Also requested that sewer connection stub on rear of property be relocated to serve tl~e
remaining parcel for future use.
Recommendation: Provide 14.8m Standard CG-gD Entrance centered on property line between
parkels 41H and 4lB. Sewer connection should be reviewed in.Right of Way appraisal and
negotiations:
Linda Maupin, Parcel 41-G:
Comment: Safety concern with bicycle trail in pavement. Suggested combining bicycle trail
with sidewalk. Also expressed concern with raised median which limits ingress and egress from
properties.
Recommendation: See General Recommendations
Written Comments
Letter from Wayne Cilimberg, Albemarle County Planning Office:
Comment: Stated that County Land Use Plan adopted 1996, called for widening Route 649 to a
four lane roadway with controlled access. Also called for bicycle trails and sidewalk.
Recommendation: See General Recommendations
M. Vann Wilson, 4532 Stoney Point Road, Barboursville, VA. 22923
Comment: Suggested raised median should be eliminated. Challenged traffic projections.
Suggested curving Route 649 to south to connect with Route 606 and eliminate signalized
intersection.
Recommendation: See General Comments
Priscilla Wilson, 4532 Stone)' Point Road, Barboursville, VA 22923
Comments: Eliminate raised median. Excessive Right of Way width to accommodate bike trails
and sidexvalks.
Recommendations: See General Recommendations
Richard H. Jones, General Partner, Airport Limited Partnership, Parcel 4lB
Comment: Requested entrance be relocated back to previously shown location opposite
crossover and be combined with entrance to Parcel 41H.
Recommendation: See response to Robert E. Hull, Parcel 41H. Placing dual entrance at
crossover would provide better access for both parcels 'and would eliminate probability of
vehicles cutting diagonally from crossover to entrance counter to opposing traffic. -
_-
Peter T. Kleeman, 407 Hedge Street, Charlottesville, VA 22902
Comment: Expressed concerns with adequacy of environmental studies and documentation.
Also expressed concern with lack of response to his requests for information. Had specific
comments about noise impacts and lack of noise study. Cited noise from airport as contributing
to noise levels in highway corridor.
Recommendations: A representative of VDOT's Environmental staffshould contact Mr.
Kleeman and discuss his concerns in detail. State Environmental Review Process (SERP)
indicated no adverse impacts expected from proposed project. Noise from airport is not
generated by or as a result of improvements and could not be mitigated by any means other than
elimination of airport.
Kenneth G. Maupin, 3974 Pritchett Lane, Charlottesville, VA 22911, Owner of Parcel 41G
Corhment: Questioned accuracy of traffic projections. Opposed to raised median due to safety
and loss of direct access. Requested Service Road access to property. Opposed to bike lanes.
Requested outfall from retention pond be relocated closer to property line to allow for future
development of property. Show sewer line and water meter on plan. Make entrances along
Route 649 wider for safer turning movements. Deepen retention ponds to minimize surface area
and Right of Way take.
Recommendation: Mr. Bryan Elliott, Executive Director, Charlottesville-Albemarle Airport
Authority met with Mr. Maupin, Parcel 41G, Mr. Hull, Parcel 41H and Mr. Jones, Parcel 4lB to
review their concerns with access to these three parcels. As a result of that meeting the
following items were agreed to and are recommended: (1) Provide a 14.8m CG-gD entrance
centered on the property line between parcels 41H and 4lB. Eliminate 4m CG-9D entrance to
Parcel 4lB. Provide Type IV entrance connections east to parking lot for Parcel 41H and west to
entrance roadway on Parcel 41B. The 14.8m CG-9D entrance at property line between Parcels
41G and 41H should remain as shown. (2) Elongate detention basin on Parcel 41H. This will
require adjustment of pond inlet. (3) Extend side~valk across Parcel 41G to entrance on Parcel
37B1.
William T. Linkous, Sr., Owner Tom's Auto Service, 1792 Airport Road (Parcel 41H)
Comment: Concerned with compensation for loss of business. Requested entrance opposite
crossover to provide direct access for left roms.
Recommendation: Entrance is addressed in previous'recommendation for Parcels 4lB. 41G and
41H.
Gerard R. Deily, P.E., 1309 Caner Lane, Charlottesville, VA. 22901
Comment: Recommended consideration of interface with alternate modes of transportation.
Recommendation: See General Recommendations
Robert E. and Laura L. Hull, Parcel 41H
Comment: -Request entrance across from crossover at property line between Parcels 41G and
41H. Requested extension of sewer connection to new rear property line. (Right of Way to be
aquired for retention basin will take rear portion of property).
Recommendation: See previous recommendation for Parcels 4lB, 41G and 41H. Sewer
connection should be reviewed during Right of Way appraisal and negotiations.
Ginny and Jim Hahn, 1540 Airport Road, Charlottesville, VA 22911
Comment: Tentatively approve of project. Concern with visibility of their commercial sign after
project is completed.
Recommendation: Sign should be reviewed at time of Right of Way appraisal to determine if
sight line wll be impacted by pi'oject.
Anita and Richard Blaney, Parcel 17A
Comment: Appreciate that Service Road is located on adjacent property and does not take
additional land from their parcel and concenied that additional take would minimize remaining
parcel. Concerned with impact of Service Road on septic drain field requested consideration for
connection to sewer line. Requested portion of Service Road on rear of be moved back toxvard
rear property line as far as practical.
Redommendation: Consideration during Right of Way appraisal process.
General Recommendations: The Route 649, Airport Connector, Project 0649-002-158, C~501,
has been designed in accordance with the Commonwealth Transportation Boards Location
Approval for Alignment "B" Modified, as presented at the Location 'Public Hearing on January.
29, 1998. The project has been reviewed through the State Environmental Review Process
(SERP) and has been determined not to have any significant impact on the environment. The
project has been developed in accordance with Albemarle County's Land Use Plan adopted June
5, 1996, meets the Land Use Plans General Design Standards for Roads and provides a bicvcle
facility as part of the County's Earlysville/Whitehall Bikeway System. The public has been
provided ample opportunity to review and comment on the design features of the project and
their comments have been taken into consideration along with the overall needs of the
community. It is recommended that the design for this project be approved as presented at the
Design Public Hearing on August 12, 1999, with the modifications as recommended herein as a
result of citizen comments at and as a result of the Public Hearing.
A RESOLUTION ENDORSING THE DESIGN OF IMPROVEMENTS TO STATE
ROUTE .649 (AIRPORT ROAD) IN ALBEMARLE COUNTY
WHEREAS, the Charlottesville-Albemarle Airport Authority, Virginia Department of
Transportation and County of Albemarle entered into a memorandum of agreement in November
1997; and
WHEREAS, this agreement requires the Charlottesville-Albemarle Airport Authority to design
and administer all facets of this project in accordance with Virginia Department of Transportation
regulations, policies and procedures for the construction of secondary roads; and
WHEREAS, the Charlottesville-Albemarle Airport Authority held a Design Public Hearing for
this project on August 12, 1999 in accordance with said regulations, policies and procedures; and
WHEREAS, the Charlottesville-Albemarle Airport Authority has reviewed all public
comments and determined it to be feasible and desirable to address these comments to the greatest.
extent possible in the design of these road improvements.
NOW, THEREFORE, BE IT RESOLVED, that the Charlottesville-Albemarle Airport
Authority recommends to the Commonwealth Transportation Board that the design of State Route
649 (Airport Road) in Albemarle County as presented at the August 12, 1999 Design Public Hearing
be approved; and
BE IT FURTHER RESOLVED, by the Charlottesville-Albemarle Airport Authority, that the
Commonwealth Transportation Board fully evaluate the "Service Road" concept as proposed by
several property owners located south of this road near the intersection of U.S. Route 29 for
inclusion in this project.
Adopted by the Charlottesville-Albemarle
~'~m ~-¢' ,1999.
Airport Authority this }{o-Th day of
~W. HutchinSon
Secretary-Treasurer
September 20, 1999
I
CHARL MARLE
Close · Convenient · Connected
Ella Carey, Clerk
Albemarle County Board of Supervisors
401 Mclntire Road
Charlottesville, VA 22902
Re: Resolution of Support
Route 649 (Airport Road) Improvements
Dear Ella:
Enclosed please find a Resolution of Support passed by the Charlottesville-Albemarle Airport
Authority on September 16, 1999 for the above project.
This resolution endorses the design of improvements to State Route 649 in Albemarle County as
presented during a Design Public Hearing held on August 12, 1999 for this project.
Please feel free to utilize this resolution as you deem appr°priate in preparing materials on this
matter for consideration by the Albemarle County Board of Supervisors during their October 6,
1999 meeting. I am also enclosing ten (10) copies of a project sketch which represents the
design features for this project for submission to Board members.
If you should have any questions or require additional information concerning this matter, please
do not hesitate to contact me.
Executive Director
pc: Bob Tucker, County Executive
Wayne Cilimberg, Director, Planning & Community Develo' >ment
Charlottesville-Albemarle Airport Authority
201 Bowen Loop · Charlottesville, VA 22911 · 804-973-8342 · Fax 804-974-7476 · www. gocho.com
UPGRADE STATE ROUTE 649
OHARLOITESVII.LE-A~EMARLE NRPORT
(~4ARLO~VILLE, VIRGINIA
September 13, 1999
Mr. Bryan Elliott, AAE
Director of Aviation
Charlottesville-Albemarle
Airport Authority
201 Bowen Loop
Charlottesville, VA 22911
Re: Route 649
Project: 0649-002-158, C501
Tax Map 32, Parcels 4lB, 41H, and 41G
Dear Bryan:
I would like to follow up on my letter to you of August 19, 1999 in which
I argued for a joint entrance straddling the property line between my parcel 4lB
and Bob' Hull's parcel 41H, which would be directly in front of the median break.
In order to have a joint position, Bob Hull, Kenneth Maupin, Tom Linkous
and I met on site on Thursday, September 9, 1999 to review the current rOad
design as well as some of the earlier design plans. To assist with understanding
the details and evaluating the overall impact, we included Jo Higgins, formerly
the Albemarle County Engineer, in our meeting.
All of these property owners have agreed, and are f'Lrmly in favor of.. a
commercial grade entrance to line up with the end of the concrete median and
straddles the property line between parcels 4lB and 41H. The entrance
construction must include grading to tie into the existing travel way at the front of
Tom's Auto and the exiting residential driveway on 4lB. This is absolutely
essential to the large trucks and wreckers that routinely come from the east. We
have agreed that an access road going from this entrance back to the rear of Bob
Hull's property, and then connecting to parcel 41 G, Kenneth Maupin's property,
would not be a good idea.
We have agreed and propose that Bob and Kenneth close their 2 existing
entrances, with a new commercial grade entrance to be built straddling their joint
property line. It is imperative that the proposed sidewalk which is now shown
ending at Bob Hull's property, continue towards Rt. 29 to include the front of
Kenneth' s property.
BOARD OF SUPERVISORS
We have not yet discussed this with Malon Updike of Wachovia, but we
think that providing parcel 41G with ingress and egress through the entrance at
parcel 37B1 would tie all 4 properties together, creating a travel way for
Wachovia customers to head West on Rt. 649. Since the design to date hasn't
addressed this,, the exact details would need to be worked out on this with input
from Kenneth.
We feel that these 2 new entrances will provide for good, safe ingress and
egress to all three (or four) properties, eliminating the need for U-tums at the
median break, and eliminating the proximity of Kenneth's current entrance to the
Wachovia entrance. These proposed entrances will have a positive impact on
these sites and off the sites as well. All of us, of course, prefer that there be no
raised median whatsoever, which restricts our customers' access to and from our
properties. However, we feel that the 2 entrances we propose will result in the
best, fairest, and safest compromise.
Finally, we are asking the Basin "A' be reconfigured to maximize the
useable depth of the primary residue of Bob Hull's property that front's Rt. 649.
If elongated in a Westerly direction, it seems that the same volume could be
attained. This will reduce the negative impact on the front of Bob's property,
leaving him with a more useful lot fronting Rt. 649.
With respect to Basin "A", we are also in agreement that parcel 41B must
have a permanent drainage easement to this basin.
v,,, ma3' ~o~h Ken ~ "~:~ ~,,-, ~o~
......... · v,a.,w, at ~,,-o~o,, Bob Hull at 990-ii5i, Tom
Linkous at 973-4768, or me at 977-4181. We did not have time to jointly sign
this letter, but we have all seen it and agreed upon its ~contents. We are firmly
together on these issues and resolved to do whatever it takes to insure that these
plans are implemented in order to reduce the impending, negative impact upon
our properties.
Sincerely,
Richard H. Jones ~la
General Parmer
Airport Road Limited Partnership
cc: Kenneth Maupin, Douglas Caton
Tom Linkous, Sr., Robert Hull
Charles Martin
Wayne Cilimberg
Angela Tucker
Jo Higgins
File #93735
2
September 20, 1999
I
CHARL MARLE
Close · Convenient · Connected
Ella Carey, Clerk
Albemarle County Board of Supervisors
401 Mclntire Road
Charlottesville, VA 22902
Re: Resolution of Support
Route 649 (Airport Road) Improvements
Dear Ella:
Enclosed please find a Resolution of Support passed by the Charlottesville-Albemarle Airport
Authority on September 16, 1999 for the above project.
This resolution endorses the design of improvements to State Route 649 in Albemarle County as
presented during a Design Public Hearing held on August 12, 1999 for this project.
Please feel free to utilize this resolution as you deem appropriate in preparing materials on this
matter for consideration by the Albemarle County Board of Supervisors during their October 6,
1999 meeting. I am also enclosing ten (10) copies of a project sketch which represents the
design features for this project for submission to Board members.
If you should have any questions or require additional information concerning this matter, please
do not hesitate to contact me.
Executive Director
pc: t~bb Tucker, County Executive
Wayne Cilimberg, Director, Planning & Community Development
Charlottesville-Albemarle Airport Authority
201 Bowen Loop · Charlottesville, VA 22911 · 804-973-8342 · Fax 804-974-7476 · www..qocho.com
Jaunt, Inc. Annual Report FY98-99
This item has been scanned under Boards and Commissions reports.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Virginia Public School Authority Bond Resolution
SUBJECT/PROPOSALIREQUEST:
Request board approval of a Resolution authorizing the
issuance of not to exceed $2,835,000 in VPSA Bonds.
STAFF CONTACT(S):
Messrs. Tucker, Breeden; Ms. White
AGENDA DATE:
October 6, 1999
ITEM NUMBER:
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION:
ATTACHMENTS: Yes
INFORMATION:
REVIEWED
BACKGROUND:
The FY 1999/2000 Capital Improvement Budget was approved with the intent to issue approximately $2,835,000
in bonds through the Virginia Public School Authority.
DISCUSSION:
Resolutions authorizing the application to VPSA were approved by the School Board on August 23, 1999, and by
the Board of Supervisors on September 1, 1999. Attached for your information are four documents: a resolution
authorizing the County Executive to enter into a bond agreement, the last page of which is a projected payment
schedule based on an estimated 5.49% interest rate; a bond sale agreement; a continuing disclosure agreement;
and a proceeds agreement. In order to proceed with this process, a public hearing is scheduled for 10:30 a.m. on
October 6, 1999.
RECOMMENDATION:
Staff recommends approval of the attached resolution to proceed with this project and to meet the bond issuance
guidelines. The other three documents need to be approved as to form and will be completed during the actual
bond sale process.
99.189
RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED
$2,835,000 GENERAL OBLIGATION SCHOOL BONDS,
SERIES 1999A, 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 $2,835,000 and to issue its general obligation school bonds for the purpose of
financing certain capital projects for school purposes; and
WHEREAS, the County held a public hearing, duly noticed, on October 6, 1999, on the
issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2-
2606, Code of Virginia 1950, as amended (the "Virginia Code"); and
WHEREAS, the School Board of the County 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 $2,835,000 (the "Bonds") for the purpose of financing
certain capital projects for school purposes. 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 Chairman of the Board and 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
Chairman of the Board, the County Executive, and such officer or officers of the County as either
may designate are hereby authorized and directed to enter into a Bond Sale Agreement dated as
of October 12, 1999, 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 1999A;" shall bear
interest from the date of delivery thereof payable semi-annually on each January 15 and July 15
beginning July 15, 2000 (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 one-half percent (6½%) 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. The execution and delivery of
the Bonds as described in Section 8 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.
6. Payment; Paying Agent and Bond Registrar. The following provisions shall
apply to the Bonds:
(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 before 1 t :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) Crestar Bank, Richmond, Virginia, is designated as Bond Registrar and Paying
Agent for the Bonds.
7. Prepayment or Redemption. The Principal Installments of the Bonds held by
the VPSA coming due on or before July 15, 2010, and the definitive Bonds for which the Bonds
held by the VPSA may be exchanged that mature on or before July 15, 2010, 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, 2010, and the definitive bonds for which the
Bonds held by the VPSA may be exchanged that mature after July 15, 2010, 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, 2010, 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:
2
Dates Prices
July 15, 2010, through July 14, 2011
July 15,2011, through July 14, 2012
July 15, 2012, 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 and the Clerk or any
Deputy Clerk of the Board are authorized and directed to execute and deliver the Bonds and to
affix the seal of the County thereto.
9. Pledge 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 Arbitrage. The Chairman of
the Board, the County Executive and such officer or officers of the County as either may
designate 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 1986, 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-Arbitrage Programl Proceeds Agreement. 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 are hereby authorized and directed to execute and deliver a Proceeds Agreement
3
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. Continuing Disclosure Agreement. The Chairman of the Board, the County
Executive and such officer or officers of the County as either may designate are hereby
authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix
F to the 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. Filin~ 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 of the 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.
The undersigned Clerk of the Board of Supervisors of the County of Albemarle, Virginia,
hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a
meeting of the Board of Supervisors held on October 6, 1999, and of the whole thereof so far as
applicable to the matters referred to in such extract. I hereby further certify that such meeting
was a regularly scheduled meeting and that, during the consideration of the foregoing resolution,
a quorum was present.
Members present at the meeting were: David P. Bowerman; Charlotte Y. Humphis;
Forrest R. Mashall, Jr.; Charles S. Martin; Walter F. Perkins; and Sally H. Thomas.
Members absent from the meeting were: None.
Members voting in favor of the foregoing resolution were: David P. Bowerman;
Charlotte Y. Humphis; Forrest R. Mashall, Jr.; Charles S. Martin; Walter F. Perkins; and Sally H.
Thomas.
Members voting against the foregoing resolution were: None.
Members abstaining from voting on the foregoing resolution were: None.
4
WITNESS MY HAND and the seal of the Board of Supervisors of the County of
Albemarle, Virginia, this 6th day of October, 1999.
er , Board of Supervisors of the C/ofinty of
Albemarle, Virgi¢~a/
5
NO. TR-1
EXHIBIT A
(FORM OF TEMPORARY BOND)
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
COUNTY OF ALBEMARLE
General Obligation School Bond
Series 1999A
The COUNTY OF ALBEMARLE, VIRGINIA (the "County"), for value received,
hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL
AUTHORITY the principal amount of DOLLARS ($ ), in annual
installments in the amounts set forth on Schedule I attached hereto payable on July 15, 2000, and
annually on July 15 thereafter to and including July 15, 2019 (each a "Principal Payment Date"),
together with interest from the date of this Bond on the unpaid installments, payable semi-annually
on January 15 and July 15 of each year, commencing on July 15, 2000 (each an "Interest Payment
Date"; together with any Principal Payment Date, a "Payment Date"), at the rates per annum set
forth on Schedule I attached hereto, subject to prepayment or redemption as hereinafter Provided.
Both principal of and interest on this Bond are payable in lawful money of the United States of
America.
For as long as the Virginia Public School Authority is the registered owner of this Bond,
Crestar Bank, as bond registrar (the "Bond Registrar"), shall make all payments of principal,
premium, if any, and interest on this Bond, without the presentation or surrender hereof, to the
A-1
Virginia Public School Authority, in immediately available funds at or before 11:00 a.m. on the
applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date
fixed for prepayment or redemption is not a business day for banks in the Commonwealth of
Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or
interest on this Bond shall be made in immediately available funds at or before 11:00 a.m. on the
business day next preceding the scheduled Payment Date or date fixed for prepayment or
redemption. Upon receipt by the registered owner of this Bond of said payments of principal,
premium, if any, and interest, written acknowledgment of the receipt thereof shall be given
promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this
Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to
the Bond Registrar for cancellation.
The full faith and credit of the County are irrevocably pledged for the payment of the
principal of and the premium, if any, and interest on this Bond. The resolution adopted by the
Board of Supervisors authorizing the issuance of the Bonds provides, and Section 15.2-2624, Code
of Virginia 1950, as amended, requires, that there shall be levied and collected an annual tax upon
all taxable property in the County subject to local taxation sufficient to provide for the payment of
the principal, premium, if any, and interest on this Bond as the same shall become due which tax
shall be without limitation as to rate or amount and shall be 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.
This Bond is duly authorized and issued in compliance with and pursuant to the
Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991,
Chapter 26, Title 15.2, Code of Virginia 1950, as amended, and resolutions duly adopted by the
A-2
Board of County Supervisors of the County and the School Board of the County to provide funds
for capital projects for school purposes.
This Bond may be exchanged without cost, on twenty (20) days written notice from the
Virginia Public School Authority, at the office of the Bond Registrar on one or more occasions for
one or more temporary bonds or definitive bonds in marketable form and, in any case, in fully
registered form, in denominations of $5,000 and whole multiples thereof, and having an equal
aggregate principal amount, having principal installments or maturities and bearing interest at rates
corresponding to the maturities of and the interest rates on the installments of principal of this Bond
then unpaid. This Bond is registered in the name of the Virginia Public School Authority on the
books of the County kept by the Bond Registrar, and the transfer of this Bond may be effected by
the registered owner of this Bond only upon due execution of an assignment by such registered
owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall
exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be
registered on such registration books in the name of the assignee or assignees named in such
assignment.
The principal installments of this Bond coming due on or before July 15, 2010, and the
definitive Bonds for which this Bond may be exchanged that mature on or before July 15, 2010, are
not subject to prepayment or redemption prior to their stated maturities. The principal installments
of this Bond coming due after July 15, 2010, and the definitive Bonds for which this Bond may be
exchanged that mature after July 15, 2010, 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, 2010,
upon payment of the prepayment or redemption prices (expressed as percentages of principal
A-3
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, 2010, through July 14, 2011
July 15,2011, through July 14, 2012
July 15, 2012, 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 the prior 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.
All acts, conditions and things required by the Constitution and laws of the Commonwealth
of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have
happened, exist and have been performed in due time, form and manner as so required, and this
Bond, together with all other indebtedness of the County, is within every debt and other limit
prescribed by the Constitution and laws of the Commonwealth of Virginia.
IN WITNESS WHEREOF, the Board of Supervisors of the County of Albemarle has
caused this Bond to be issued in the name of the County of Albemarle, Virginia, to be signed by its
Chairman or Vice-Chairman, its seal to be affixed hereto and attested by the signature of its Clerk
or any of its Deputy Clerks, and this Bond to be dated November ,1999.
(SEAL)
ATTEST:
COUNTY OF ALBEMARLE, VIRGINIA
Clerk, Board of Supervisors of the
Chairman, Board of Supervisors of the
A-4
County of Albemarle, Virginia County of Albemarle, Virginia
A-5
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto
(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF
ASSIGNEE)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF ASSIGNEE:
the within Bond and irrevocably constitutes and appoints
attorney to exchange said Bond for
definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive
bonds on the books kept for registration thereof, with full power of substitution in the premises.
Date:
Signature Guaranteed:
(NOTICE: Signature(s) must be
guaranteed by an "eligible guarantor
institution" meeting the requirements
of the Bond Registrar which
requirements will include Membership or
participation in STAMP or such other "signature
guarantee program" as may be determined by
Registered Owner
(NOTICE: The signature above
must correspond with the name
of the Registered Owner as it
appears on the front of this
Bond in every particular,
without alteration or change.)
the Bond Registrar in addition to, or in substitution for,
STAMP, all in accordance with the Securities Exchange
Act of 1934, as amended.
Path: DOCSOPEN~RICHMOND\07921~26222\000024\90GQ01 !.DOC
Doc #: 420506; V. 1
Doc Name: Albemarle County\1999 Fall VPSA\Bond Resolution
A-6
Princi pal
Albemarle County
Non-Subsidized Local School Bond
Rate Interest Total
Fiscal
Total
7/15/00
1/15/01
7/15/01
1/15/02
7/15/02
1/15/03
7/15/03
1/15/04
7/15/04
1/15/05
7/15/05
1/15/06
7/15/06
1/15/07
7/15/07
1/15/08
7/15/08
1/15/09
7/15/09
1/15/10
7/15/10
1/15/11
7/15/11
1/15/12
7/15/12
1/15/13
7/15/13
1/15/14
7/15/14
1 /15/15
7/15/15
1/15/16
7/15/16
1/15/17
7/15/17
1/15/18
7/15/18
1/15/19
7/15/19
1/15/20
7/15/20
Totals
$145,000
0
145,000
0
145,000
0
145,000
0
145,000
0
145,000
0
145,000
0
140,000
0
140,000
0
140.000
0
140.000
0
140,000
0
140,000
0
140,000
0
140,000
0
140,000
0
140,000
0
140,000
0
140,000
0
140,000
0
$2,835,000
5.100%
5.100%
5.200%
5.200%
5.200%
5.200%
5.200%
5.200%
5.200%
5.350%
5.350%
5.450%
5.500%
5.600%
5.600%
5.600%
5.700%
5.700%
5.700%
5.700%
$100
72
72
69
69
65
65
61
61
57
57
593.33
702.50
702.50
005.00
005.00
235.00
235.00
465.00
465.00
695.00
695.00
53 925.00
53 925.00
50 155.00
50 155.00
46 515.00
46 515.00
42 875.00
42,875.00
39 130.00
39 130.00
35.385.00
35.385.00
31 570.00
31 570.00
27 720.00
27 720.00
23 800.00
23 800.00
19 880.00
19,880.00
15,960.00
15,960.00
11,970.00
11,970.00
7,980.00
7,980.00
3,990.00
3,990.00
0.00
$245
72
217
69
214
65
210
61
206
57
202
53
198
593.33
702.50
702.50
005.00
005.00
235.00
235.00
465.00
465.00
695.00
695.00
925.00
925.00
50 155.00
190,155.00
46 515.00
186 515.00
42,875.00
182,875.00
39,130.00
179,130.00
35385.00
175 385.00
31 570.00
171 570.00
27 720.00
167 720.00
23 800.00
163 800.00
19,880.00
159,880.00
!5,960.00
155,960.00
11,970.00
151,970.00
7,980.00
147,980.00
3,990.00
143,990.00
0.00
318,295.83
286,707.50
279,240.00
271,700.00
264,160.00
256,620.00
249,08O.OO
236,670.00
229,390.00
222,005.00
214,515.00
2O6,955.OO
199,290.00
191,520.00
183,880.00
175,840.00
.167 93O.00
159,950.00
151,970.00
143,990.00
$1,574,508.33 $4,409,508.33
Dated Date 11/18199 Effective Rate 5.48623259%
VIRGINIA PUBLIC SCHOOL AUTHORITY
BOND SALE AGREEMENT
dated as of October 12, 1999
Name of Jurisdiction (the "Local Unit"): Albemarle County
Sale Date: Not earlier than October 24, nor later than November 10, 1999
· Closing Date: On or about November 18, 1999
Principal Amount (Requested): $2,835,000
Amortization Period: Up to Twenty (20) Years
1. The Virginia Public School Authority ("VPSA") hereby offers to purchase your general
obligation school bonds at a price, determined by the VPSA to be fair and accepted by you, that
is not less than 98% of par and not more than 103% of par (105% ifa 10-year amortization is
involved) in the Principal Amount set forth above (as authorized by your bond resolution) from
the proceeds of the VPSA's bonds, the sale of which is scheduled to take place on the Sale
Date.
You represent that on or before October 12, 1999, your local governing body will have duly
authorized the issuance of your bonds by adopting a resolution in the form attached hereto as
Appendix B (the "local resolution") and that your bonds will be in the form set forth in the
local resolution. Any 'changes that you or your counsel wish to make to the form of the local
resolution and/or your bonds must be a~oproved by the VPSA prior to adoption of the local
resolution by your local governing body.
You hereby covenant that you will comply with and carry out all of the provisions of the
Continuing Disclosure Agreement in the form attached hereto as Appendix F, which agreement
is hereby incorporated by reference herein and expressly made a part hereof for all purposes.
The VPSA has defined a Material Obligated Person ("MOP") for purposes of the Continuing
Disclosure Agreement as any Local Issuer the principal amount of whose local school bonds
pledged under VPSA's 1997 Resolution compromise more than 10% of the total principal
amount of all outstanding 1997 Resolution bonds. MOP status will be determined by adding
the principal amount of your local school bonds to be sold to the VPSA and the principal
amount of your local bonds previously sold to the VPSA and currently pledged under VPSA's
1997 Resolution and measuring the total against 10% of the face value of alt outstanding bonds
under VPSA's 1997 Resolution. If you are or may be a MOP, the VPSA may require that you
file all the information described in the following paragraph prior to VPSA's mailing its
The local resolution has been drafted for the issuance of bonds by a County. Bond counsel will
need to make appropriate changes in the local resolution for the issuance of bonds by a
City or Town.
Preliminary Official Statement, currently scheduled October 18, 1999.
You acknowledge that if you are a MOP following the issuance of your local school bonds that
are the subject of this Bond Sale Agreement, the VPSA will incorporate by reference in its
Preliminary Official Statement and final Official Statement the information respecting you
("Your Information") that is on file with the Nationally Recognized Municipal Securities
Information Repositories ("NRMSIRs") and the Municipal Securities Rulemaking Board
("MSRB"). Accordingly, if it appears that you will be a MOP following the delivery of your
local school bonds to the VPSA in connection with this sale, you hereby represent and
covenant to the VPSA that you will file such additional information, if any, as is required so
that Your Information, as of each of (i) the date of the VPSA's Preliminary Official Statement
(expected to be October 18, 1999), (ii) the date of sale of the VPSA's final Official Statement
(expected to be October 27, 1999) and (iii) the date of delivery of VPSA's bonds (expected to
be November 18, 1999), will be true and correct and will not contain, any untrue statement of a
material fact or omit to state a material fact which should be included in Your Information for
the purpose for which it has been filed or which is necessary to make the statements contained
in such information, in light of the circumstances under which they were made, not misleading.
You further agree to furnish to the VPSA a copy of ail filings you make with NP~MS~ and
the MSRB subsequent to the date of this Agreement. Such copy will be fun'fished to the VPSA
on the same day that any such filing is made.
The VPSA will advise you within 60 days of the end of each fiscal year if you were a MOP as
of the end of such fiscal year. Upon written request, the VPSA will also advise you of your
status as a MOP as of any other date.
VPSA's commitment to purchase your bonds is contingent upon (i) VPSA's receipt on the
Closing Date of (a) your bonds which shall include and otherwise meet the Standard Terms
and Conditions contained in Appendix A hereto, (b) certified copies of the local resolution (see
Appendix B attached hereto) and the school board resolution (see Appendix E attached hereto),
(c) an executed agreement, among VPSA, you and the other local units simultaneously selling
their bonds to VPSA, Wachovia Bank, N.A. and Mentor Investment Advisors, LLC, the
depository and the investment manager, respectively, for the State Non-Arbitrage Program
("SNAP"), 'providing-for .the custody, investment and disbursement of the proceeds of your
bonds and the other general obligation school bonds, and the payment by you and the other
local units of the allocable, associated costs of compliance with the Internal Revenue Code of
1986, as amended, and any costs incurred in connection with your participation in SNAP (the
"Proceeds Agreement"), (d) an executed copy of the Use of Proceeds Certificate in the form
attached hereto as Appendix C, (e) if you will be a MOP on the date of delivery :of your local
school bonds, your certificate dated the date of the delivery of the VPSA's bonds to the effect
that Your Information was as of the date of the VPSA's Preliminary and final Official
Statements, and is as of the date of the certificate, true and correct and did not and does not
contain an untrue statement of a material fact or omit to state a material fact which should be
included in Your Information for the purpose for which it has been filed or which is necessary
to make the statements contained in such information, in light, of the circumstances under
which they were made, not misleading, (f') an approving legal opinion from your bond counsel
in form satisfactory to VPSA as to the validity of the bonds and the exclusion from gross
g:",SHARED\DEB-I'~VPSA\ISSUE\99B\99b-bsa September 8, 1999
income for federal and Vir~nia income tax purposes of the interest on your bonds, the
conformity of the terms and provisions of your bonds to the requirements of this Bond Sale
Agreement including the appendices attached hereto, and the due authorization, execution and
delivery of this Bond Sale Agreement, Continuing Disclosure Agreement and the Proceeds
Agreement, and the validity of the Continuing Disclosure Agreement and the Proceeds
Agreement, (g) a transcript of the other customary closing documents not listed above, (h) the
proceeds of VPSA's bonds, (ii) if you will be using the proceeds of your bonds to retire a
bond anticipation note, certificate of participation or other form of interim financing (the
"Interim Security"), receipt by VPSA of (A) an opinion of your bond counsel that, as of the
Closing Date, the Interim Security will be defeased according to the provisions of the
instrument authorizing the Interim Security or it will no longer be outstanding (in rendering
such opinion bond counsel may rely on a letter or certificate of an accounting or financial
professional as to any mathematical computations necessary for the basis for such opinion)
and (B) an executed copy of the escrow deposit agreement/letter of instruction providing for
the retirement of the Interim Security and (iii) your compliance with the terms of this
agreement. Two complete transcripts (one original) of the documents listed above shall be
provided by your counsel to the VPSA on the Closing Date or, with VPSA's permission, as
soon as practicable thereafter but in no event more than thirty (30) business days after the
Closing Date.
5. This Bond Sale Agreement shall take effect on October 12, 1999.
Vir~nia Public School Authority
Albemarle County
By:
Authorized VPSA Representative
By:
Name:
Title:
g:'.SHARED\DEBTWPSA'ISSUE".99B',99b-bsa September 8, 1999
APPENDIX F
to the Bond Sale Agreement
CONTINUING DISCLOSURE AGREEMENT
[This Continuing Disclosure Agreement will impose obligations on the
Local Issuer if and only if the Local Issuer is or has become and
remains a "Material Obligated Person", as defined below]
This Continuing Disclosure Agreement (the "Disclosure Agreement") is executed and
delivered by the undersigned local issuer (the "Local Issuer") in connection with the issuance by
the Virginia Public School Authority (the "Authority") of $ aggregate principal
amount of its School Financing Bonds (1997 Resolution) Series 1999 B (the "Series 1999 B
Bonds") pursuant to the provisions of a bond resolution (the "1997 Resolution") adopted on
October 23, 1997, as amended and restated. The Series 1999 B Bonds and all other parity bonds
heretofore and hereafter issued under the 1997 Resolution are collectively called the "Bonds". A
portion of the proceeds of the 1999 Series B Bonds are being used by the Authority to purchase
certain general obligation school bonds ("Local School Bonds") of the Local Issuer pursuant to a
bond sale agreement between the Authority and the Local Issuer (the "Bond Sale Agreement").
Pursuant to paragraph 3 of the Bond Sale Agreement, the Local Issuer hereby covenants and
agrees as follows:
SECTION 1. Purpose of the Disclosure Agreement. This Disclosure Agreement is being
executed and delivered by the Local Issuer for the benefit of the holders of the Series 1999 B
Bonds and in order to assist the Participating Underwriters (defined below) in complying with the
Rule (defined below). The Local Issuer acknowledges that it is undertaking primary
responsibility for any reports, notices or disclosures that may be required under this Agreement.
SECTION 2. Definitions. In addition to the definitions set forth in the 1997 Resolution,
which apply to any capitalized term used in this Disclosure Agreement unless otherwise defined
in this Section, the following capitalized terms shall have the following meanings:
".Annual. Report" shall mean any Annual Report provided by the Local Issuer pursuant to,
and as described in, Sections 3 and 4 of this Disclosure Agreement.
"bond sale agreement" shall mean the Bond Sale Agreement and any other comparable
written commitment of the Local Issuer to sell local school bonds to the Authority.
"Dissemination Agent" shall mean the Local Issuer, acting in its capacity as
Dissemination Agent hereunder, or any successor Dissemination Agent designated in writing by
such Local Issuer and which has filed with such Local Issuer a written acceptance of such
designation.
"Filing Date" shall have the meaning given to such term in Section 3(a) hereof.
G:\SHARED\DEBTXVPSA\ISSUE\99B~APNXF99
F-1
"Fiscal Year" shall mean the twelve-month period at the end of which financial position
and results of operations are determined. Currently, the Local Issuer's Fiscal Year begins July 1
and continues through June 30 of the next calendar year.
"holder" shall mean, for purposes of this Disclosure Agreement, any person who is a
record owner or beneficial owner of a Series 1999 B Bond.
"Listed Events" shall mean any of the events listed in subsection 5(b)(5)(i)(C) of the Rule.
"local school bonds" shall mean any of the Local School Bonds and any other bonds of
the Local Issuer pledged as security for Bonds issued under the Authority's 1997 Resolution.
"Material Obligated Person" (or "MOP") shall mean the Local Issuer if it has local school
bonds outstanding in an aggregate principal amount that exceeds 10% of the aggregate principal
amount of all outstanding Bonds of the Authority.
"National Repository" shall mean any Nationally Recognized Municipal Securities
Information Repository for purposes of the Rule.
"Participating Underwriter" shall mean any of the original underwriters of the Authority's
Series 1999 B Bonds required to comply with the Rule in connection with the offering of such
Bonds.
"Repository" shall mean each National Repository and each State Repository.
"Rule" shall mean Rule 15c2-12 adopted by the Securities and Exchange Commission
under the Securities Exchange Act of 1934, as the same may be amended from time to time.
"State Repository" shall mean any public or private depository or entity designated by the
State as a state depository for the purpose of the Rule. As of the date of this Agreement, there is
no State Repository.
SECTION 3. Provision of Annual Reports.
(a) The Local Issuer shall, or shall cause the Dissemination Agent to, provide
to each Repository an Annual Report which is consistent with the requirements of Section 4 of
this Disclosure Agreement. Such Annual Report shall be filed on a date (the "Filing Date") that
is not later than 12 months after the end of any Fiscal Year (commencing with its Fiscal Year
ended June 30, 1999) as of the end of which such Local Issuer was a MOP, unless as of the
Filing Date the Local Issuer is no longer a MOP.~ Not later than ten (10) days prior to the Filing
The Authority will covenant in the Bond Sale Agreement to advise the Local Issuer
within 60 days of the end of each Fiscal Year if such Local Issuer was a Material
Obligated Person as of the end of such Fiscal Year. Upon written request, the
Authority will also advise the Local Issuer as to its status as a MOP as of any
other date.
G:\SHAREDkDEBTkVP SA\ISSUE\99 B~APNXF99
F-2
Date, the Local Issuer shall provide the Annual Report to the Dissemination Agent (if applicable)
and shall provide copies to the Authority. In each case, the Annual Report (i) may be submitted
as a single document or as separate documents comprising a package, (ii) may cross-reference
other information as provided in Section 4 of this Disclosure Agreement and (iii) shall include the
Local Issuer's audited financial statements prepared in accordance with applicable State law or, if
audited financial statements are not. available, such unaudited financial statements as may be
required by the Rule.. In any event, audited financial statements of such Local Issuer must be
submitted, if and when available, together with or separately from the Annual Report.
(b) If the Local Issuer is unable to provide an Annual Report to the
Repositories by the date required in subsection (a), the Local Issuer shall send a notice to the
Municipal Securities Rulemaking Board and any State Repository in substantially the form
attached hereto as Exhibk A.
SECTION 4. Content of Annual Reports. Except as otherwise agreed, any Annual
Report required to be filed hereunder shall contain or incorporate by reference, at a minimum,
annual financial information relating to the Local Issuer, including operating data,
(i)
updating such information relating to the Local Issuer as shall have been included
or cross-referenced in the final Official Statement of the Authority describing the
Authority's Series 1999 B Bonds or
(ii)
if there is no such information described in clause (i), updating such information
relating to the Local Issuer as shall have been included or cross-referenced in any
comparable disclosure document of the Local Issuer relating to its tax-supported
obligations or
(iii)
if there is no such information described in clause (i) or (ii)above, initially setting
forth and then updating the information referred to in Exhibit B as it relates to the
Local Issuer, all with a view toward assisting Participating Underwriters in
complying with the Rule.
Any or all of such information may be incorporated by reference from other documents,.
including official statements of securities issues with respect to which the Local Issuer is an
"obligated person" (within the meaning of the Rule), which have been filed with each of the
Repositories or the Securities and Exchange Commission. If the document incorporated by
reference is a final official statement, it must be available from the Municipal Securities
Rulemaking Board. The Local Issuer shall clearly identify each such other document so
incorporated by reference.
SECTION 5. Reporting of Listed Events. Whenever the Local Issuer is a Material
Obligated Person required to file Annual Reports pursuant to Section 3(a) hereof and obtains
knowledge of the occurrence of a Listed Event, and if such Local Issuer has determined that
knowledge of the occurrence of a Listed Event with respect to its local school bonds would be
material, such Local Issuer shall promptly file a notice of such occurrence with each National
Repository or the Municipal Securities Rulemaking Board and each State Repository, if any, with
G:\SHARED\DEBTxVPSA\ISSUE\99BXAPNXF99
F-3
a copy to the Authority.
SECTION 6. Termination of Reporting Obligation. The Local Issuer's obligations under
this Disclosure Agreement shall terminate upon the earlier to occur of the legal defeasance or
final retirement of all the Local School Bonds.
SECTION 7. Dissemination Agent. The Local Issuer may, from time to time, appoint or
engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure
Agreement and may discharge any such Agent, with or without appointing a successor
Dissemination Agent. The Local Issuer shall advise the Authority of any such appointment or
discharge. If at any time there is not any other designated Dissemination Agent, the Local Issuer
shall be the Dissemination Agent. [The initial Dissemination Agent shall be .]
SECTION 8. Amendment. Notwithstanding any other provision of this Disclosure
Agreement, the Local Issuer may amend this Disclosure Agreement, if such amendment has been
approved in writing by the Authority and is supported by an opinion of independent counsel,
acceptable to the Authority, with expertise in federal securities laws, to the effect that such
amendment is permitted or required by the Rule.
SECTION 9. Additional Information. Nothing in this Disclosure Agreement shall be
deemed to prevent the Local Issuer from disseminating any other information, using the means of
dissemination set forth in this Disclosure Agreement or any other means of communication, or
including any other information in any Annual Report or notice of occurrence of a Listed Event,
in addition to that which is required by this Disclosure Agreement. If the Local Issuer chooses to
include any information in any Annual Report or notice of occurrence of a Listed Event, in
addition to that which is specifically required by this Disclosure Agreement, such Local Issuer
shall have no obligation under this Agreement to update such information or include it in any
furore Annual Report or notice of occurrence of a Listed Event.
SECTION 10. Default. Any person referred to in Section 11 (other than the Local
Issuer) may take such action as may be necessary and appropriate, including seeking mandate or
specific performance by court order, to cause the Local Issuer to file its Annual Report or to give
notice of a Listed Event. The Authority may, and the holders of not less than a majority, in
aggregate, principal amount of Bonds outstanding may., take such actions as may be necessary and
appropriate, including seeking mandate or specific performance by court order, to challenge the
adequacy of any information provided pursuant to this Disclosure Agreement, or to enforce any
other obligation of the Local Issuer hereunder. A default under this Disclosure Agreement shall
not be deemed an event of default under the applicable resolution or bonds of the Local Issuer,
and the sole remedy under this Disclosure Agreement in the event of any failure of the Local
Issuer to comply herewith shall be an action to compel performance. Nothing in this provision
shall be deemed to restrict the rights or remedies of any holder pursuant to the Securities
Exchange Act of 1934, the rules and regulations promulgated thereunder, or other applicable
laws.
SECTION 11. Beneficiaries. This Disclosure Agreement shall inure solely to the benefit
of the Authority, the Local Issuer, the Participating Underwriters, and holders from time to time
G 5SHARED~DEBTNVPSA\ISSUE\99B\APNXF99
F-4
of the Authority's Bonds, and shall create no rights in any other person or entity.
SECTION 12. Counterparts. This Disclosure Agreement may be executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the
same instrument.
Date:
[LOCAL ISSUER]
By.
G:\SHARED\DEBT~VPSA\ISSUE\99B\APNXF99
F-5
EXHIBIT A
NOTICE OF FAILURE TO FILE ANNUAL REPORT
[AUDITED FINANCIAL'STATEMENTS]
Re: VIRGINIA PUBLIC SCHOOL AUTHORITY
SCHOOL FINANCING BONDS (1997 Resolution)
SERIES 1999 B
CUSIP Numbers.
Dated: November 1, 1999
Name of Local Issuer
NOTICE IS HEREBY GIVEN that the [Local Issuer] has not provided an Annual Report as
required by Section 3(a) of the Continuing Disclosure Agreement, which was entered into in
connection with the above-named bonds issued pursuant to that certain Series Resolution adopted
on September 27, 1999, by the Board of Commissioners of the Virginia Public School Authority,
the proceeds of which were used to purchase $ [School Bonds] of the [Local
Issuer]. [The Local Issuer anticipates that the Annual Report will be filed by .]
The Local Issuer is a material "obligated person" within the meaning of Rule 15c2-12 under the
Securities Exchange Act of 1934, as amended, with respect to the above-named bonds of the
Authority.
Dated:
[LOCAL ISSUER]
By.
G:\S HARED\DEBT~VP SAXI SS UE'x99B\APNXF99
F-6
EXHIBIT B
CONTENT OF ANNUAL REPORT
Description of the Local Issuer. A description of the Local Issuer including a summary of its
form of government, budgetary processes and its management and officers.
Debt. A description of the terms of the Local Issuer's outstanding tax-supported and other debt
including a historical summary of outstanding tax-supported debt; a summary of authorized but
unissued tax-supported debt; a summary of legal debt margin; a summary of overlapping debt;
and a summary of annual debt service on outstanding tax-supported debt as of the end of the
preceding fiscal year. The Annual Report should also include (to the extent not shown in the
latest audited financial statements) a description of contingent obligations as well as pension plans
administered by the Local Issuer and any .unfunded pension liabilities.
Financial Data. Financial information respecting the Local Issuer including a description of
revenues and expenditures for its major funds and a summary of its tax policy, structure and
collections as of the end of the preceding fiscal year.
Capital Improvement Plan. A summary of the Local Issuer's capital improvement plan.
Demographic, Economic and Supplemental Information. A summary of the Local Issuer's
demographic and economic characteristics such as population, income, employment, and public
school enrollment and infrastructure data as of the end of the preceding fiscal year. The Annual
Report should also include a description of material litigation pending against the Local Issuer.
G:\SHARED\DEBT~VPSA\ISSUE\99B~APNXF99
F-7
[FORM OF]
PROCEEDS AGREEMENT
Respecting the Custody, Investment, and
Disbursement of Proceeds of Local School
Bonds Purchased by the Virginia Public School
Authority with the Proceeds of Its $
School Financing Bonds (1997 Resolution)
Series 1999 B
Dated November 18, 1999
Among
Virginia Public School Authority
[Wachovia Bank, N.A.]
Mentor Investment Advisors, LLC
and
Albemarle County
Augusta County
Bedford County
Carroll County
City of Chesapeake
Fauquier County
City of Franklin
Frederick County
Giles County
Hanover County
James City County
Prince William County
City of Roanoke
Roanoke County
Rockingham County
Shenandoah County
Stafford County
City of Waynesboro
605485/3
Table of Contents
Page
Section 1. Recitals .......................................................................................................................... 1
Section 2. Definitions ..................................................................................................................... 3
Section 3. Disposition of VPSA Bond Proceeds ........................................................................... 9
Section 4. Establishment of Accounts ........................................................................................... 9
Section 5. Disposition of Local School Bond Proceeds .............................................................. 10
Section 6. Investment of Principal Subaccount ........................................................................... 11
Section 7. Disbursements from Principal Subaccount ................................................................. 11
Section 8. Investment of Income Subaccount .............................................................................. 11
Section 9. Income Subaccount ..................................................................................................... 12
Section 10.
Section 11.
Section 12.
Section 13.
Section 14.
Section 15.
Section 16.
Section 17.
Section 18.
Section 19.
Section 20.
Section 21.
Section 22.
605485/3
Investment Losses .................................................................................................... 14
Rebate Computations ............................................................................................... 14
Transfers to Income Subaccount .............................................................................. 16
Disposition of Excess Proceeds ............................................................................... 16
Rebate Payments and Penalty Payments .................................................................. 17
Duties of YPSA ........................................................................................................ 18
Duties of the Depository .......................................................................................... 19
Duties of Local Units ............................................................................................... 19
Responsibilities of the Investment Manager ............................................................ 20
Costs ......................................................................................................................... 21
Opinions of Counsel ................................................................................................ 21
Amendment .............................................................................................................. 21
Notices ..................................................................................................................... 22
Section 23.
Section 24.
Section 25.
Section 26.
Section 27.
Section 28.
No Third Party Beneficiaries ................................................................................... 23
Severability .............................................................................................................. 23
No Personal Liability ............................................................................................... 24
Applicable Law ........................................................................................................ 24
Counterparts ............................................................................................................. 24
Effective Date; Term ................................................................................................ 25
605485/3
PROCEEDS AGREEMENT
Respecting the Custody, Investment, and
Disbursement of Proceeds of Local School
Bonds Purchased by the Virginia Public School
Authority with the Proceeds of Its $
School Financing Bonds (1997 Resolution)
Series 1999 B
This PROCEEDS AGREEMENT, dated November 18, 1999 (this "Agreement"), is
among the Virginia Public School Authority, a public body corporate and instrumentality of
the Conu-nonwealth of Virginia ("VPSA"), the fourteen counties and four cities that are
signatories to this Agreement (collectively, the "Local Units", and each a "Local Unit"),
[Wachovia Bank, N.A., a banking institution organized under the laws of the United States of
America and having its principal office in Winston-Salem, North Carolina and an office in
Richmond, Virginia], and Mentor Investment Advisors, LLC, a corporation organized under
the laws of Virginia and having an office in Richmond, Virginia. All capitalized terms used
herein shall have the meaning given to them in Section 2 hereof.
The parties hereto agree and covenant as follows:
Section 1. Recitals.
A. On or before October 12, 1999, VPSA and each of the Local Units entered
into a Bond Sale Agreement, pursuant to which VPSA agreed to purchase, and the Local Unit
agreed to sell its Local School Bonds.
B. On October 27, 1999, VPSA's Bonds were awarded at competitive bidding to
the Purchaser. The Purchaser is obligated by the terms of its bid to pay the purchase price for
VPSA's Bonds on the Closing Date. VPSA will apply certain of the proceeds of the sale of
VPSA's Bonds, together with other available money, to the purchase of the Local School Bonds
605485/3
on November 18, 1999, the Local School Bonds Closing Date. VPSA will also apply certain of
the proceeds of the sale of VPSA's Bonds, together with other available funds, to pay accrued
interest and certain costs of issuance of the VPSA Bonds.
C. The Code imposes requirements on VPSA and the Local Units selling their
Local School Bonds to VPSA that must be met if interest on VPSA's Bonds and interest on the
Local School Bonds are to be excludable from gross income for federal income tax purposes,
including a requirement that in certain circumstances, certain investment income with respect to
the Local School Bonds, which income is deemed for federal income tax purposes to be
investment income of VPSA's Bonds, be subject to payment, or in lieu thereof certain payments
be made, to the United States Treasury.
D. VPSA has determined that in order to fulfill its representations respecting the
maintenance of the exclusion of the interest on VPSA's Bonds from gross income for federal
income tax purposes, VPSA must establish a mechanism to provide accountability for the
custody, investment and disbursement of the proceeds of VPSA's Bonds and the proceeds of the
Local School Bonds.
E. It is the purpose of this Agreement to enable VPSA (i) to fulfill the
representations mentioned in the preceding subsection; (ii) subject to the constraints of the Code
affecting the investment of the proceeds of tax-exempt obligations, to achieve the optimum,
practicable income by the professional management of the investment and reinvestment of the
proceeds of the Local School Bonds; (iii) to provide for the custody, investment and
disbursement of the proceeds of the Local School Bonds, and for the maintenance of appropriate
records thereof; (iv) to meet the rebate requirement imposed by Section 148(f) of the Code, in
part through the payment of either the Local Unit Rebate Requirement by each of the Local Units
605485/3 2
or the Penalty if the Penalty Election has been made on behalf of a Local Unit; and (v) to provide
for the allocation and payment of the costs associated with the establishment and maintenance of
this Agreement.
F. The purposes set forth in the preceding subsection E shall be accomplished
through SNAP. The proceeds of the Local School Bonds shall be invested in accordance with
the Information Statement.
Any statements of facts contained in these recitals pertaining to the sale of the
VPSA's Bonds and the application of such proceeds, other than the purchase of the Local School
Bonds, will not be deemed to be made by the Local Units except to the extent they have
knowledge of such facts.
Section 2. Definitions.
In addition to the words and terms elsewhere defined in this Proceeds Agreement
including the Exhibits attached hereto, the following words and terms shall have the following
meanings:
"Aggregate Local Units Rebate Requirement" shall be the amount calculated
pursuant to the Letter Agreement.
"Agreement" or "Proceeds Agreement" shall mean the Proceeds Agreement,
dated November 18, 1999, among the Authority, the Local Units, the Depository and the
Investment Manager.
"Authorized Representative" shall mean, as applied to VPSA, the Depository, the
Investment Manager and the Local Units, the person or each of the persons thereby designated,
from time to time, in accordance with and as listed on the page of this Agreement executed by
such party.
605485/3 3
"Available Construction Proceeds" shall mean, as applied to each Local Unit, the
sum of (i) the amount initially deposited to the Principal Account of such Local Unit pursuant to
Section 5 hereof, and (ii) the investment earnings thereon, reduced by the amount of issuance
costs financed by such Local Unit's Local School Bonds. In the event that the Local Unit has
made the Bifurcation Election on its signature page, "Available Construction Proceeds" shall
mean the sum of the amount set forth on the signature page as the portion of the issue used for
construction and the investment earnings thereon, reduced by the amount set forth on the
signature page as allocable to issuance expenses.
"Bifurcation Election", with respect to each issue of Local School Bonds, shall
mean the election made by the Local Unit to treat a portion of its Local School Bonds used for
construction as a separate issue pursuant to Section 148(f)(4)(C)(v) of the Code.
"Bond Sale Agreement(s)" shall refer to the Bond Sale Agreement(s), dated as of
October 12, 1999, between VPSA and each Local Issuer.
"Capital Expenditure'" shall mean any cost of a type that is properly chargeable to
a capital account (or would be so chargeable with a proper election) under general federal income
tax principles as determined at the time the expenditure is paid with respect to the property.
"Capital Project" shall mean all Capital Expenditures, plus related working capital
expenditures to which the de minimis exception provided by Section 1.148-6(d)(3)(ii)(A) of the
Treasury Regulations to the proceeds-spent-last rule applies, that carry out the governmental
purpose of the Local School Bond issue.
"Closing Date" shall mean November 18, 1999.
"Code" shall mean the Internal Revenue Code of 1986, as amended.
605485/3 4
"Computation Date" shall mean each of the Installment Computation Dates and
the Final Computation Date.
"Contract" shall mean the Contract respecting the Virginia State Non-Arbitrage
Program, between the Treasury Board of the Commonwealth of Virginia and the Investment
Manager, including the Depository Agreement appearing as Appendix A thereto.
"Depository" shall mean the Depository for Individual Portfolios and custodian of
the assets of the SNAP fund under the Depository Agreement, currently [Wachovia Bank, N.A. a
banking institution organized under the laws of the United States of America and having its
principal office in Winston-Salem, North Carolina and an office in Richmond, Virginia].
"Eighteen-Month Exception" shall mean the exception to the Rebate Requirement
provided by Treasury Regulation Section 1.148-7(d).
"Final Computation Date" shall mean the date the last bond that is part of the
issue of VPSA's Bonds is discharged.
"Gross Proceeds" shall have the meaning given to such term in the Letter
Agreement.
"Income Subaccount" shall mean the Income Subaccount established pursuant to
Section 4 of this Proceeds Agreement for each Local Unit and (ii) both Income Subaccounts
established pursuant to Section 4(b) of this Proceeds Agreement for the Local Units described
therein.
"Income Subaccount Set Aside" shall have the meaning given to such term by
Section 9(b) of this Agreement.
"Individual Portfolio" shall have the meaning given to such term in the
Information Statement.
605485/3 5
"Information Statement" shall mean the current Information Statement describing
SNAP, as the same may be supplemented and amended.
"Installment Computation Dates" shall mean November 18, 2004, and each fifth
(Sth) anniversary date thereafter.
"Investment Manager" shall mean Mentor Investment Advisors, LLC, a
corporation organized under the laws of Virginia and having an office in Richmond, Virginia, in
its capacity as the investment manager of SNAP.
"Investment Report" shall have the meaning given to such term in Part A of the
Letter Agreement.
"Letter Agreement" shall mean the Letter Agreement, dated the date hereof,
attached to this Agreement as Exhibit C.
"Local School Bonds" shall mean general obligation school bonds of a Local Unit
having the terms and provisions required by the Bond Sale Agreement.
"Local School Bonds Closing Date" shall mean the Closing Date, except as
otherwise provided on the page of this Agreement executed by a Local Unit; provided, however,
the Local School Bonds Closing Date with respect to an issue of Local School Bonds shall not be
deemed to have occurred until the related Local Unit shall have delivered the Local School
Bonds to VPSA and otherwise complied with the terms of its Bond Sale Agreement.
"Local Unit" or "Local Units" shall have the meaning accorded to such term by
the first paragraph of this Agreement.
"Local Unit Rebate Computation", with respect to each issue of Local School
Bonds, shall mean a Rebate Computation for each Local Unit made on each Computation Date
pursuant to Section 11 of this Proceeds Agreement.
605485B 6
"Local Unit's Rebate Requirement", with respect to each issue of Local School
Bonds, shall mean the amount payable to the United States Treasury calculated pursuant to the
Letter Agreement.
"Penalty" shall mean the amount that must be paid to the United States Treasury
pursuant to the Penalty Election.
"Penalty Election", with respect to each issue of Local School Bonds, shall mean
the election made by the Local Unit to pay a penalty in lieu of rebate pursuant to Section
148(f)(4)(C)(vii) of the Code.
"Principal Subaccount" shall mean the Principal Subaccount established pursuant
to Section 4(a) of this Proceeds Agreement for each Local Unit and (ii) both Principal
Subaccounts established pursuant to Section 4(b) of this Proceeds Agreement for the Local Units
described therein.
"Proceeds Account" shall mean, with respect to each Local Unit, its account
established under Section 4 of this Proceeds Agreement.
"Purchaser" shall mean
"Rebate Calculation Agent" shall have the meaning given to such term in the
Letter Agreement.
"Rebate Computation" shall mean the computation, as of a Computation Date, of
the Local Unit Rebate Requirement to such Computation Date. The amount so computed may be
a positive or a negative number.
"Rebate Exceptions" shall mean the Spending Exceptions and the Small-Issuer
Exception, collectively.
"Rebate Report" shall mean the Local Unit Rebate Computations.
605485/3 7
"Rebate Requirement" shall mean the rebate requirement imposed by Sections
148(f)(2) and (3) of the Code.
"Six-Month Exception" shall mean the exception to the Rebate Requirement
provided by Section 148(f)(4)(B) of the Code.
"Small-Issuer Exception" shall mean the exception to the Rebate Requirement
provided by Section 148(f)(4)(D) of the Code.
"SNAP" shall mean the State Non-Arbitrage Program established pursuant to
Article 7.1, Chapter 14, Title 2.1, Code of Virginia, as amended.
"SNAP Documents" shall mean the Information Statement and the Contract.
"Spending Exceptions" shall mean the Six-Month Exception, the Eighteen-Month
Exception and the Two-Year Exception, collectively.
"Two-Year Exception" shall mean the exception to the Rebate Requirement
provided by Section 148(f)(4)(C) of the Code.
"VPSA" shall mean the Virginia Public School Authority, a public body corporate
and instrumentality of the Commonwealth of Virginia.
"VPSA's Bond Yield" shall mean the Yield on VPSA's Bonds as set forth in the
Letter Agreement. As provided in Treasury Regulation Section 1.148-4(a), the yield on each
issue of Local School Bonds of a Local Unit the interest on which is excluded from gross income
shall equal the VPSA's Bond Yield.
"VPSA's Bonds" shall mean the $
VPSA's School Financing Bonds (1997 Resolution) Series 1999 B.
"Withdrawal Date" shall mean the date as of which an interim Rebate Calculation
is made pursuant to Section 9 of this Proceeds Agreement.
aggregate principal amount of
605485/3
"Yield" shall have the meaning accorded to such term by the Letter Agreement.
Section 3. Disposition of VPSA Bond Proceeds.
A. Prior to the Closing Date, each Local Unit will complete and submit, to the
Investment Manager, the program registration form and the SNAP account registration form
annexed to the Information Statement.
B. On the Closing Date, VPSA will transfer to the Depository for deposit in
SNAP, in immediately available funds, an amount equal to the aggregate purchase price of all of
the Local School Bonds ($ ).
C. Each Local Unit hereby agrees to adhere strictly to the prescribed and
recommended procedures described in the Information Statement. Each Local Unit hereby
further agrees that it will not deviate from or request an exception to such procedures without
first obtaining the prior written approval of VPSA. In the event of a conflict between the
provisions of this Agreement and the Information Statement, the provisions of this Agreement
shall control.
Section 4. Establishment of Accounts.
(a) Except as provided in Section 4(b) below, the Investment Manager will
establish on its books for each Local Unit one (1) account and two (2) subaccounts therein as
follows:
VPSA-(Name of Local Unit) Proceeds Account - Series 1999 B Issue
Principal SubaCcount
Income Subaccount
605485/3 9
(b) The Investment Manager shall establish on its books for the
, within the one (1) Proceeds Account for each such Local Unit, two
(2) subaccounts therein, and two subaccounts within each such subaccount, as follows:
VPSA- (Name of Local Unit) Proceeds Account -Series 1999 B Issue
Non Subsidy Subaccount
Principal Subaccount
Income Subaccount
Subsidy Subaccount
Principal Subaccount
Income Subaccount
The amounts in the Principal Subaccounts and Income Subaccounts of each of these
Local Units shall be combined for purposes of this Agreement. Requisitions from the
shall specify the Subaccount from which moneys are being
requisitioned.
If a Local Unit has elected to treat a portion of its Local School Bonds issue used
for construction as a separate issue as set forth on its signature page, the Investment Manager
shall maintain such records as necessary to determine the portion of the Principal Subaccount and
Income Subaccount of such Local Unit allocable to the construction issue and the non-
construction issue.
Section 5. Disposition of Local School Bond Proceeds.
A. The Investment Manager shall allocate the proceeds of the Local School
Bonds on the Local School Bonds Closing Date(s) to the Local Unit(s), dollar for dollar, in
accordance with the respective purchase prices of their Local School Bonds set forth in Exhibit A
to this Agreement. There is no accrued interest on the Local School Bonds. Except as provided
in Section 5(B) - (...) below, the proceeds of VPSA's Bonds allocated to each Local Unit shall
be credited to the Principal Subaccount of the Local Unit in the amounts set forth in Exhibit A
60s4ss/3 10
with respect to the Subsidy Local School Bonds and/or the Non-Subsidy Local School Bonds, as
the case may be.
B. With respect to [ ].
Section 6. Investment of Principal Subacconnt.
The Investment Manager shall invest and reinvest moneys to the credit of the
Principal Subaccount of each Local Unit for the benefit of such Local Unit in accordance with
the provisions of the Information Statement and Section 1 8 of this Agreement. The Investment
Manager shall credit to the Local Unit's Income Subaccount all income and profits from the
investment and reinvestment of moneys to the credit of its respective Principal Subaccount.
Section 7. Disbursements from Principal Subacconnt.
Beginning on its Local School Bonds Closing Date, each Local Unit may at any
time withdraw all or any portion of the proceeds of its Local School Bonds credited to its
Principal Subaccount (including amounts transferred to the credit of the Principal Subacconnt
from the Income Subaccount pursuant to Section 9), in accordance with the Information
Statement and, in the case of a reimbursement to the Local Unit, by filing with the Investment
Manager a requisition or requisitions therefor in the form of Exhibit B to this Agreement signed
by an Authorized Representative of the Local Unit. Notwithstanding anything to the contrary in
the Information Statement, the Investment Manager agrees that, in the case of a reimbursement to
the Local Unit, it shall not disburse any money from the Principal Subaccount unless and until it
has received such requisition from the Local Unit.
Section 8. Investment of Income Subaccount.
The Investment Manager shall invest and reinvest moneys to the credit of the
Income Subaccount of each Local Unit for the benefit of such Local Unit in accordance with the
605485/3 1 1
provisions of the Information Statement and Section 18 of this Agreement. The Investment
Manager shall credit to the Local Unit's Income Subaccount all income and profits from the
investment and reinvestment of moneys to the credit thereof.
Section 9. Income Subaccount.
A. The Investment Manager will notify a Local Unit and VPSA when the balance
to the credit of the Principal Subaccount of such Local Unit shall have been reduced to zero ($0).
Such Local Unit may then withdraw from its Income Subaccount an mount not in excess of the
mount then to the credit of its Income Subaccount if the Local Unit qualifies for any one of the
Rebate Exceptions or if such withdrawal is necessary to qualify for one of the Spending
Exceptions.
1. In order to qualify for the Small-Issuer Exception, the Local Unit must deliver
to VPSA and the Investment Manager no later than the end of calendar year 1999 (a) a
letter from, or opinion of, nationally recognized bond counsel that the Local School
Bonds of such Local Unit purchased by VPSA with the proceeds of the VPSA's Bonds
will be treated as meeting the requirements of Code Sections 148(t)(2) and (3), pursuant
to Code Section 148(f)(4)(D); and (b) the Local Unit's covenant that it shall provide for
the payment or reimburse VPSA for its payment of the Local Unit's Rebate Requirement
in the event that the Local School Bonds of such Local Unit fail to meet all of the
requirements of the Small Issuer Exception.
2. In order to determine if a Local Unit qualifies for either the Six-Month
Exception or the Eighteen-Month Exception, the Investment Manager shall advise each
Local Unit and VPSA of the amount that has been disbursed from the Principal
Subaccount and the Income Subaccount of such Local Unit (a) six (6) months from the
605485/3 12
Closing Date, (b) twelve (12) months from the Closing Date, and (c) eighteen (18)
months from the Closing Date. To facilitate such determination, each Local Unit shall set
forth on the signature page for such Local Unit the amount of investment proceeds that
such Local Unit reasonably expects as of the Local School Bonds Closing Date to earn.
3. In order to determine if a Local Unit qualifies for the Two-Year Exception, the
Investment Manager shall advise each Local Unit and VPSA, of the amount of AVailable
Construction Proceeds that has been disbursed from the Principal Subaccount and the
Income Subaccount of such Local Unit (a) six (6) months from the Local School Bonds
Closing Date, (b) twelve (12) months from the Local School Bonds Closing Date, (c)
eighteen (18) months from the Local School Bonds Closing Date, and (d) twenty-four
(24) months from the Local School Bonds Closing Date. To facilitate such
determination, each Local Unit shall set forth on the signature page for such Local Unit
the amount of investment proceeds that such Local Unit reasonably expects as of the
Local School Bonds Closing Date to earn and the elections that it requests VPSA to make
on its behalf. Furthermore, such Local Unit shall set forth in a certificate delivered to
VPSA on the Local School Bonds Closing Date such facts and circumstances as
necessary to show that it reasonably expects to qualify for the Two-Year Exception.
4. The portion of the proceeds of the VPSA Bonds applied to purchase the
Bonds do not qualify for the Eighteen-Month Exception or Two-Year
Exception.
B. Except to the extent that a Penalty Election has been made on behalf of a
Local Unit, if the Local Unit fails to qualify for one of the Spending Exceptions, or is otherwise
subject to the Rebate Requirement, then prior to a withdrawal from its Income Subaccount and
60s48ss 13
upon receipt of such notification, the Local Unit shall promptly request, pursuant to the terms of
the Information Statement, an interim Rebate Computation with respect to such Local Unit or an
estimate of such Local Unit's Rebate Requirement for purposes of determining what amount, if
any, to the credit of the Income Subaccount may be subject to rebate. Any estimate of the Local
Unit's Rebate Requirement made by the Investment Manager shall also be provided to VPSA in
writing. Notwithstanding anything to the contrary in the Information Statement, no disbursement
will be made from the Income Subaccount until the aforementioned calculation shall have been
made. The amount to the credit of the Income Subaccount that may be subject to rebate is the
Income Subaccount Set Aside. On the Withdrawal Date, the Investment Manager shall (i)
reserve, in the Income Subaccount, the amount of the Income Subaccount Set Aside until the
next Rebate Computation required by Section 11 shall have been made and (ii) credit the
remaining balance to the credit of the Income Subaccount to the credit of the Local Unit's
Principal Subaccount.
Section 10. Investment Losses.
The Investment Manager shall charge any loss realized from the investment or
reinvestment of moneys to the credit of the Income Subaccount and the Principal Subaccount of
a Local Unit as follows:
1. losses on moneys to the credit of the Principal Subaccount shall be charged
thereto; and
2. losses on moneys to the credit of the Income Subaccount shall be charged first
to the Principal Subaccount and then to the Income Subaccount.
605485/3 14
Section 11. Rebate Computations.
On or before each Computation Date, VPSA will prepare, or cause to be prepared,
in accordance with the provisions of the Letter Agreement the Local Unit Rebate Computations.
The Local Unit Rebate Computation for each Local Unit shall be made on the basis of the
Investment Reports maintained by the Investment Manager for each Proceeds Account.
As set forth in the Letter Agreement, the Local Unit Rebate Requirement shall be
calculated separately for each Local Unit. If it is determined, however, that the Local Unit
Rebate Requirement is required to be calculated in the aggregate, the Local Unit Rebate
Requirement for each Local Unit shall be equal to the percentage of the Aggregate Local Units
Rebate Requirement determined by multiplying the Aggregate Local Units Rebate Requirement
by a fraction, the numerator of which is the positive Local Unit Rebate Requirement calculated
separately and the denominator of which is the sum of all of the positive Local Unit Rebate
Requirements calculated separately.
If any provision of this Agreement shall become inconsistent with any regulation
or regulations promulgated under Section 148(0 of the Code subsequent to the date hereof,
VPSA hereby agrees and covenants to prepare, or cause to be prepared, as soon as practicable, a
Local Unit Rebate Computation for each Local Unit, in compliance with such regulation or
regulations, and VPSA, the Investment Manager and each of the Local Units hereby further agree
and covenant immediately to make any and all transfers and payments required by Sections 12
and 14 of this Agreement from any moneys on deposit in the Income Subaccount and any other
moneys of the Local Unit legally available for such purpose.
605485/3 1 5
Section 12. Transfers to Income Subaccount.
Upon receipt of the Rebate Report from VPSA, if the amount on deposit in the
Local Unit's Income Subaccount (including the Income Subaccount Set Aside) is less than the
Local Unit Rebate Requirement of such Local Unit, the Investment Manager shall promptly
charge the Principal Subaccount of such Local Unit to the extent the amount on deposit to the
credit of the Income Subaccount is less than the Local Unit Rebate Requirement and credit its
Income Subaccount with an amount such that the balance to the credit of the Income Subaccount
is equal to the Local Unit Rebate Requirement (taking into account prior amounts credited to the
Income Subaccount including investment income thereon).
To the extent that the amount on deposit in the Principal Subaccount is
insufficient to provide for a deposit to the Income Subaccount such that the balance in the
Income Subaccount is equal to the Local Unit Rebate Requirement for the Local Unit, the
Investment Manager shall advise VPSA and such Local Unit of the amount of the deficiency,
and, to the extent permitted by law, the Local Unit agrees to transfer promptly to the Depository,
from any funds that are or may be made legally available for such purpose, the amount required.
To the extent that the amount on deposit in the Income Subaccount exceeds the
Local Unit Rebate Requirement for the Local Unit, the excess over the Local Unit Rebate
Requirement shall be transferred to the Principal Subaccount of the Local Unit.
Section 13. Disposition of Excess Proceeds.
A. When a Local Unit shall certify to VPSA and the Investment Manager that
there are balances to the credit of the Local Unit's Principal Subaccount or Income Subaccount
that will not be used for Capital Projects prior to November 18, 2002, such amount shall be
retained in the Proceeds Account and, to the extent such amount is not required to be deposited to
605485/3 16
the Income Subaccount pursuant to Section 12, VPSA will, except as provided in the last
sentence of this Section 13A, direct the Depository to apply such amount to redeem such Local
Unit's Local School Bonds on the earliest possible date that such Bonds may be called without a
penalty or premium. Notwithstanding the foregoing, when a Local Unit shall certify to VPSA
and the Investment Manager that it has made an election under Section 148(f)(4)(C)(viii) or (ix)
of the Code to terminate the Penalty Election, and that, pursuant to Code Section
148(f)(4)(C)(viii)(III) of such termination election, such Local Unit indicates the amount of
Available Construction Proceeds to be applied to the redemption of its Local School Bonds and
the date of such redemption, VPSA will direct the Investment Manager and the Depository to
apply such amount toward the redemption of such Local Unit's Local School Bonds on the date
indicated.
B. In the event that there are any balances remaining on deposit in either the
Principal Subaccount or Income Subaccount of any Local Unit on November 18, 2002, such
amounts will be invested by the Investment Manager in an Individual Portfolio at a Yield not in
excess of the VPSA's Bond Yield or in tax-exempt obligations.
Section 14. Rebate Payments and Penalty Payments.
A. The Local Unit Rebate Requirement of each Local Unit shall be paid to the
United States Treasury at the direction of VPSA on behalf of and for the accounts of the Local
Unit and VPSA in accordance with the Letter Agreement.
B. The payment of the Local Unit Rebate Requirement of each Local Unit shall
be in partial satisfaction with respect to the VPSA's Bonds, and total satisfaction with respect to
the proceeds of the Local School Bonds on deposit in the Proceeds Account, of the requirements
of Section 148(1) of the Code except to the extent that such issue of Local School Bonds may be
605485/3 1 7
treated as a composite issue under Treasury Regulation §1.150-1(c) with another issue of
obligations.
C. Notwithstanding anything to the contrary herein, if VPSA has made the
Penalty Election on behalf of a Local Unit and if such Local Unit fails to qualify for one of the
Spending Exceptions, then, prior to any further disbursements from the Principal Subaccount or
Income Subaccount, the Local Unit shall promptly request, pursuant to the terms of the
Information Statement, a computation of the amount of the Penalty that must be paid to the
United States Treasury pursuant to the Penalty Election.
If the amount on deposit in the Local Unit's Income Subaccount and Principal
Subaccount is less than the amount of the Penalty due by such Local Unit, the Investment
Manager shall advise VPSA and such Local Unit of the amount of the deficiency, and to the
extent permitted by law, the Local Unit agrees to transfer promptly to the Depository, from any
funds that are or may be made legally available for such purpose, the amount required. The
Penalty of each Local Unit shall be paid to the United States Treasury at the direction of VPSA
on behalf of and for the accounts of the Local Units no later than ninety (90) days after the end of
the spending period to which the Penalty relates.
Section 15. Duties of VPSA.
VPSA shall carry out its duties and responsibilities under this Agreement and may
retain agents, independent contractors and others that it deems qualified to carry out any or all of
such duties and responsibilities.
VPSA shall carry out, or cause to be carried out, all of its responsibilities under
the Letter Agreement.
60s4ss/3 18
VPSA shall retain a copy of all Rebate Computations for at least six (6) years
after the retirement of the last of VPSA's Bonds.
VPSA agrees that, except as provided in this Agreement, any rebate liability that
VPSA may have on account of the investment and reinvestment of the Gross Proceeds of
VPSA's bonds, including, by way of example and not of limitation, any rebate liability as a result
of the investment of money credited to funds and accounts created under its bond resolutions or
as a result of the advance refunding of its bonds, shall be the sole responsibility of VPSA and not
any Local Unit.
Section 16. Duties of the Depository.
the Depository shall carry out its duties and responsibilities trader the SNAP
Documents and this Agreement.
Section 17. Duties of Local Units.
A. The Local Units will cooperate with VPSA, the Investment Manager and the
Depository in order to ensure that the purposes of this Agreement are fulfilled. To that end, each
Local Unit covenants and agrees that it will take any and all action and refrain from taking any
and all action, as recommended by its bond counsel, to maintain the exclusion from gross income
for federal income tax purposes of interest on its Local School Bonds to the same extent such
interest was so excludable on the Closing Date.
B. If a Local Unit is required to restrict the Yield on its investments, in order to
comply with such covenant or to maintain the exclusion from gross income for federal income
tax purposes of the interest on VPSA's Bonds, it shall timely notify the Investment Manager to
restrict such Yield to the VPSA's Bond Yield. Each Local Unit agrees not to charge its general
605485/3 1 9
fund or otherwise set aside or earmark funds with which to pay debt service on its Local School
Bonds (other than as a budget item) prior to the date of payment thereof to VPSA.
C. Each Local Unit agrees to provide for the payment of its Local Unit Rebate
Requirement and/or Penalty and acknowledges that the payment of its Local Unit Rebate
Requirement and/or Penalty is necessary to maintain the exclusion from gross income for federal
income tax purposes of interest on its Local School Bonds as well as the VPSA's Bonds: Each
Local Unit agrees to complete and to provide to VPSA such forms as VPSA may request for
filing in connection with the payment of the Local Unit Rebate Requirement and/or Penalty.
D. Each Local Unit hereby covenants and represents that neither the Local Unit
nor any related party, as defined in Section 1.150-1 (b) of the Treasury Regulations, to such Local
Unit, pursuant to any arrangement, formal or informal, will purchase the VPSA's Bonds in an
amount related to the amount of Local School Bonds to be acquired from such Local Unit by
VPSA.
Section 18. Responsibilities of the Investment Manager.
The Investment Manager shall be the agent of, and serve at the expense of, the
Local Units, to manage and direct the temporary investment and reinvestment of all moneys to
the credit of the Proceeds Accounts pending their disbursement to the Local Units and to make
such computations as required by this Agreement.
In general, the duties of the Investment Manager shall include those described in
the SNAP Documents.
In particular, the Investment Manager will direct the investment and reinvestment
of moneys to the credit of the Subaccounts of each Local Unit in accordance with the
Information Statement, the Contract and this Agreement.
605485/3 20
Section 19. Costs.
Costs of SNAP are payable as provided in the Information Statement. The
difference in the interest rates between VPSA's Bonds and the Local School Bonds shall be
collected and retained by VPSA as partial payment of the administrative costs incurred by VPSA
in connection with issuing, carrying, and repaying VPSA's Bonds, and the underwriting
discount, if any, and the cost of purchasing, carrying, and selling or redeeming the Local School
Bonds. VPSA will not charge any other fee to the Local Units for its services or seek
reimbursement for its fees and expenses, including counsel fees, incurred in connection with the
discharge of its duties and responsibilities under this Agreement.
Section 20. Opinions of Counsel.
On the Closing Date, VPSA and each Local Unit shall furnish an opinion of
counsel addressed, in the case of counsel to VPSA, to all the Local Units, and in the case of
counsel to the Local Units, to VPSA, to the effect that the obligations of its client under this
Agreement are valid, binding and enforceable against such client in accordance with its terms.
Section 21. Amendment.
This Agreement may be amended only with the consent of all the affected parties;
provided, however, that this Agreement shall be amended whenever, in the judgment of VPSA,
based on an opinion of its counsel, such amendment is required in order to insure that interest on
VPSA's Bonds shall remain excludable from gross income for federal income tax purposes to the
same extent it was, in the opinion of such counsel, so excludable on the Closing Date. VPSA
shall offer to amend this Agreement whenever it shall in good faith determine, based on an
opinion of its counsel, that any one or more of the restrictions or requirements imposed by this
Agreement upon the Local Units, or any of them, may be removed or modified without adversely
605485/3 21
affecting the exclusion of interest on VPSA's Bonds from gross income for federal income tax
purposes.
Section 22.
Notices.
Whenever notice is to be given pursuant to the provisions of this Agreement, such
notice shall be deemed to have been satisfactorily given on the same day if hand delivered or
telecopied during regular business hours or three (3) days after the date of postmark if mailed,
first class mail, postage prepaid, as follows:
if to VPSA, to
byhand
by mail
by telecopier
in any case
Virginia Public School Authority
c/o State Treasurer
3rd Floor, James Monroe Building
101 North 14th Street
Richmond, Virginia 23219
Post Office Box 1879
Richmond, Virginia 23218-1879
(804) 225-3187
Attention: Debt Manager
if to the Depository, to
By hand
By mail
By telecopier
In any case
[Wachovia Bank, N.A.
1021 East Cary Street
Richmond, Virginia 23219
Post Office Box 27602
Richmond, Virginia 23261
(804) 697-7173
Attention: Anthony J. Conte
Vice President]
if to the Investment Manager, to
By hand
Mentor Investment Advisors, LLC
901 East Byrd Street
Riverfront Plaza, 6th Floor
605485/3 22
By mail
By telecopier
In any case
Richmond, Virginia 23219
901 East Byrd Street
Riverfront Plaza, 6th Floor
Richmond, Virginia 23219
(804) 344-6520
Attention: A1 Samper
Senior Vice President
if to a Local Unit, to the address or telecopier number indicated on the page of this
Agreement executed by such Local Unit.
Any such address or number may be changed by written notice given to all the
other parties to this Agreement and the Investment Manager, except that a Local Unit need give
such notice only to VPSA, the Depository and the Investment Manager.
Section 23. No Third Party Beneficiaries.
Except as herein otherwise expressly provided, nothing in this Agreement
expressed or implied is intended or shall be construed to confer upon any person, firm or
corporation other than the parties hereto any right, remedy or claim, legal or equitable, under or
by reason of this Agreement or any provision hereof, this Agreement and all its provisions being
intended to be and being for the sole and exclusive benefit of the parties hereto.
Section 24. Severability.
In case any one or more of the provisions of this Agreement shall for any reason
be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of
this Agreement and this Agreement shall be construed and enforced as if such illegal or invalid
provision had not been contained herein. In case any covenant, stipulation, obligation or
605485/3 23
agreement contained in this Agreement shall for any reason be held to be in violation of law, then
such covenant, stipulation, obligation or agreement shall be deemed to be the covenant,
stipulation, obligation or agreement of the affected party to the full extent permitted by law.
Section 25. No Personal Liability.
All covenants, stipulations, obligations and agreements of VPSA contained in this
Agreement shall be deemed to be covenants, stipulations, obligations and agreements of VPSA
to the full extent authorized by the laws and permitted by the Constitution of Virginia. No
covenant, stipulation, obligation or agreement contained herein shall be deemed to be a covenant,
stipulation, obligation or agreement of any present or future member, employee or agent of
VPSA or any Local Unit in his individual capacity. No member, officer, employee or agent of
VPSA or any Local Unit shall incur any personal liability in acting or proceeding or in not acting
or not proceeding, in good faith, reasonably and in accordance with the terms of this Agreement
and the applicable laws of the Commonwealth of Virginia.
Section 26. Applicable Law.
This Agreement is executed with the intent that the laws of the Commonwealth of
Virginia shall govern its construction.
Section 27. Counterparts.
This Agreement may be executed in one or more counterparts.
605485a 24
Section 28. Effective Date; Term.
This Agreement shall take effect on the Closing Date and shall expire on the date
on which VPSA shall make the final rebate payment required by Part D of the Letter Agreement.
Virginia Public School Authority
By:
Sallie:
Title:
Richard A. Davis
Assistant Secretary and
Assistant Treasurer
[Wachovia Bank, N.A.
By:
Name: Anthony J. Conte
Title: Vice President
]
Mentor Investment Advisors, LLC
By:
Name: A1 Samper
Title: Senior Vice President
605485/3 25
NAME OF ISSUER:
Page 1 of 2
A. Address for notices, by hand, by mail and by telecopier, if any, as referred to in Section
22 above:
B. Authorized Representative(s):
Name
Title
Specimen Signature
C. Local School Bonds Closing Date (if not November 18, 1999, enter Date of Issue of
Local School Bonds):
D. Is the Small Issuer Exception applicable to this Issuer? (If yes, an opinion of Bond
Counsel and Issuer's covenant is required as per Section 9 herein).
Yes No
E. Eighteen Month Exception Estimated Investment Earnings for purposes of the
Eighteen-Month Exception: $
If any proceeds are used to refund prior debt, please indicate:
(a)
(b)
proceeds used to refund prior debt: $
issuance expense allocable to the refunding portion of the issue:
$
605485B 26
Name of Issuer:
Page 2 of 2
F. Elections with respect to Two-Year Exception:
1. Election to use actual facts in lieu of reasonable expectations for purposes of the Two-Year
Exception:
Yes No
2. Estimated Investment Earnings: $
3. If any proceeds are used to refund prior debt, please indicate:
(a) proceeds used to refund prior debt: $
(b) issuance expenses allocable to the refunding portion of the issue: $
4. Bifurcation Election to treat the portion of the issue used for construction as a separate issue:
Yes No
If yes, state the portion of the issue used for construction and non-construction, respectively; (the
sum of the following amounts must equal the issue price of $
reduced by any portion used for refunding purposes):
(a) portion of the issue used for construction: $
(b) issuance expenses allocable to the construction portion of the issue: $
(c) portion of the issue used for non-construction: $
(d) issuance expenses allocable to the non-construction portion of the issue: $
5. Penalty Election to pay One and One-Half Percent Penalty in lieu of rebate:
Yes No
By:
Name:
Title:
City/County
605485/3 27
Exhibit A
Page 1 of 2
LOCAL SCHOOL BONDS- NON-SUBSIDY
Local Unit
Albemarle County
Augusta County
City of Chesapeake
Fauquier County
Frederick County
Giles County
Hanover County
James City County
Prince William County
City of Roanoke
Roanoke County
Stafford County
Principal Amount of Bonds
Purchase Price
605485B
A-1
Exhibit A
Page 2 of 2
LOCAL SCHOOL BONDS- SUBSIDY
Local Unit
Augusta County
Bedford County
Carroll County
City of Franklin
Hanover County
City of Roanoke
Rockingham County
Shenandoah County
Stafford County
City of Wayncsboro
Total:
Principal Amount of Bonds
Purchase Price
605485/3
A-2
Exhibit B
[No requisition is required in conjunction with a check payable
to a vendor in respect of an invoice due and payable.]
FORM OF REQUISITION FOR REIMBURSEMENT BY
PRE-AUTHORIZED WIRE
[To be used for REIMBURSEMENT to a Local Unit from Local
School Bond proceeds for an invoice or obligation that has been
paid and is eligible for payment from Local School Bond
proceeds.]
Mentor Investment Advisors, LLC
901 East Byrd Street
Riverfront Plaza, 6th Floor
Richmond, Virginia 23219
VIRGINIA PUBLIC SCHOOL AUTHORITY [Name of Local Unit]
BOND PROCEEDS ACCOUNT - SERIES 1999 B ISSUE
Requisition from the Principal Subaccount
Requisition No. __
("item number")
This requisition for payment from the Principal Subaccount of the Proceeds Account is
submitted in accordance with the provisions of the Proceeds Agreement dated November 18,
1999, among the Virginia Public School Authority ("VPSA"), the undersigned (the "Local
Unit") and the other units of local government signatory thereto, Mentor Investment Advisors,
LLC, as Investment Manager and Wachovia Bank, N.A.. You are hereby notified that you are
authorized and directed by the Local Unit to pay the following obligation from the PrinCipal
Subaccount:
605485/3
B-1
1. The item number of such payment:
2.
3.
incurred:
The mount[s] to be paid: $
Purpose by general classification for which such obligation was
4. The date(s) the expenditure(s) was/were made:
To reimburse the Local Unit for costs of the
Local Unit through ,19[20]_ as follows:
School paid by the
Dated
5. A copy of each supporting [invoice, work order, statement] for which
reimbursement is to be made is attached hereto.
6. The obligation[s] in the stated amount[s] have been paid, and each item
thereof is a proper charge against the proceeds of the Local Unit's Proceeds
Account and has not been the subject of a previous withdrawal from the Proceeds
Account.
7. All of which is hereby certified.
[Name of Local Unit]
By:
Authorized Local Unit
Representative
605485B
B-2
Virginia Public School Authority
101 North 14th Street
Richmond, Virginia 23219
Exhibit C
LETTER AGREEMENT
November 18, 1999
Re: Custody, Investment, and
Disbursement of Proceeds of Local School
Bonds Purchased by the Virginia Public School
Authority with the Proceeds of Its $
School Financing Bonds (1997 Resolution)
Series 1999 B
This LETTER AGREEMENT, dated the date shown above (this "Letter Agreement"),
is between the Authority and the Investment Manager. All capitalized terms used herein shall
have the meaning given to them in Part E of this Letter Agreement or in Section 2 of the
Proceeds Agreement to which this Letter Agreement is attached as Exhibit C.
With respect to the VPSA's Bonds, the Code requires that an amount equal to the
VPSA's Rebate Requirement be paid to the United States Treasury. With respect to each issue
of Local School Bonds, the Code requires that an amount equal to the Local Unit's Rebate
Requirement be paid to the United States Treasury. Accordingly, VPSA hereby directs the
Investment Manager, as provided below, to assist VPSA and each Local Unit to comply with the
VPSA's Rebate Requirement and the respective Local Unit's Rebate Requirement.
To enable VPSA and the Local Units to fulfill their respective obligations under the
Proceeds Agreement and to make such payments, and to enable the Investment Manager to fulfill
its obligations under this Letter Agreement, the Investment Manager will prepare, on or before
December 1, 2000 and each December 1 thereafter, the Investment Reports for VPSA as of the
preceding November 18 and each Local Unit as of the preceding November 18. On the basis of
such Investment Reports, VPSA shall cause the Rebate Calculation Agent to prepare the Local
Unit Rebate Computation setting forth the Local Unit Rebate Requirement as of each
Computation Date for each Local Unit with respect to its issue of Local School Bonds as
described in paragraph 3 of Part B hereto. In addition, the Investment Manager will, based on
the Rebate Report, transfer, within thirty (30) days after the Computation Date of each Local
Unit, from its Principal Subaccount, if necessary, to its Income Subaccount, the amount required
so that the amount to the credit of the Income Subaccount of each Local Unit shall equal its
Local Unit Rebate Requirement.
605485/3
C-1
A. Investment Report
With respect to all Nonpurpose Investments acquired during the term of this Letter
Agreement with Gross Proceeds of each issue of Local School Bonds, the Investment Manager
shall maintain separate Investment Reports for each issue of Local School Bonds.
The Investment Report for each Local Unit shall reflect the investments made with
respect to its Proceeds Account.
B. Rebate Computation on Local School Bonds
VPSA shall compute each Local Unit's Rebate Requirement with respect to its issue of
Local School Bonds in accordance with the procedure described below:
1. As of each Computation Date, VPSA shall cause the Rebate Calculation Agent to
determine the Future Value of all nonpurpose payments made with respect to the Non_purpose
Investments purchased with or allocated to the Gross Proceeds of the Local School Bonds, as
well as any rebate payments made, to such Computation Date in accordance with the
requirements of the Treasury Regulations. Unless VPSA shall otherwise direct, transaction costs
incurred in acquiring, carrying, selling or redeeming such obligations, shall be accounted for as
provided in the Information Statement.
2. As of each Computation Date, VPSA shall cause the Rebate Calculation Agent to
determine the Future Value of all nonpurpose receipts received with respect to the Nonpurpose
Investments purchased with or allocated to the Gross Proceeds of the Local School Bonds, as
well as any rebate payments recovered, to such Computation Date in accordance with the
requirements of the Treasury Regulations.
3. As of each Computation Date, VPSA shall subtract the amount computed pursuant to
paragraph 1 from the amount computed pursuant to paragraph 2. Such amount shall be the
"Local Unit Rebate Requirement" as of the Computation Date.
4. Each of the Local Units has covenanted in Section 17 of the Proceeds Agreement not
to charge its general fund or otherwise set aside or earmark funds with which to pay debt service
on its Local School Bonds (other than as a budget item) prior to the date of payment thereof to
VPSA.
5. Except as provided in Section 9(A)(4) of the Proceeds Agreement, the Local Unit
Rebate Requirement may be treated as being met and no rebate computation shall be required
with respect to the proceeds of the VPSA's Bonds applied to purchase such Local Unit's Local
School Bonds if the VPSA receives the opinions and covenants or certification described in
Section 9A of the Proceeds Agreement that a Local Unit meets the requirements of the (a) Six-
Month Exception, (b) Eighteen-Month Exception, (c) Small Issuer Exception, or (d) Two-Year
Exception, subject to the provisions described below.
(a) Six-Month Exception. Notwithstanding the fact that all of the Gross Proceeds
of the Local School Bonds are spent within six (6) months of the date of issue and no
other Gross Proceeds of the Local School Bonds are anticipated for the remainder of the
605485/3
C-2
term of the issue, if Gross Proceeds of the Local School Bonds become available after the
end of the initial six-month period, the Local Unit Rebate Requirement shall be computed
with respect to such Gross Proceeds in accordance with the procedure described above.
(b) Eighteen-Month Exception. Notwithstanding the fact that all of the Gross
Proceeds of the Local School Bonds are spent within eighteen (18) months of the date of
issue and no other Gross Proceeds of the Local School Bonds are anticipated for the
remainder of the term of the issue, if Gross Proceeds of the Local School Bonds become
available after the end of the initial eighteen-month period, the Local Unit Rebate
Requirement shall be computed with respect to such Gross Proceeds in accordance with
the procedure described above.
(c) Small Issuer Exception. If a Local Unit delivers to VPSA no later than the
end of calendar year 1999 (i) the opinion of nationally recognized bond counsel that the
Local School Bonds of such Local Unit purchased by VPSA with the proceeds of the
VPSA's Bonds will be treated as meeting the requirements of Code Sections 148 (f)(2)
and (3) pursuant to Code Section 148 (f)(4)(D) and (ii) the Local Unit's covenant that it
shall provide for the payment of or reimburse VPSA for its payment of the Local Unit
Rebate Requirement in the event that the Local School Bonds of such Local Unit fail to
meet all the requirements of the Small Issuer Exception, then no rebate computation shall
be made with respect to the proceeds of VPSA's Bonds applied to purchase such Local
School Bonds. Although the Local School Bonds of a Local Unit may qualify for the
Small Issuer Exception, custody, investment and disbursement of the proceeds of the
VPSA's Bonds applied to the purchase of the Local Unit's Local School Bonds shall
continue under the Proceeds Agreement, and the Investment Manager shall continue to
provide an Investment Report for such Local Unit.
6. In addition to the foregoing, no rebate computation shall be required with respect to
the proceeds of the VPSA's Bonds applied to purchase a Local Unit's Local School Bonds if a
Penalty Election has been made on behalf of the Local Unit with respect to such Local School
Bonds.
C. Aggregate Rebate Computation on Local School Bonds
In the event that the Treasury Regulations require that the Local Units' Rebate
Requirements be calculated in the aggregate, VPSA shall compute the Aggregate Local Units'
Rebate Requirement in accordance with the procedure set forth below.
1. As of each Computation Date, VPSA shall cause the Rebate Calculation Agent to
determine the Future Value of all nonpurpose payments made with respect to the Nonpurpose
Investments purchased with or allocated to the Gross Proceeds of all of the Local School Bonds
in the aggregate (except those qualifying for one of the Rebate Exceptions or those that have
made the Penalty Election), as well as any rebate payments made, to such Computation Date in
accordance with the requirements of the Treasury Regulations.
2. As of each Computation Date, VPSA shall cause the Rebate Calculation Agent to
determine the Future Value of all nonpurpose receipts received with' respect to the Nonpurpose
Investments purchased with or allocated to the Gross Proceeds of all of the Local School Bonds
605485/3
C-3
in the aggregate (except those qualifying for one of the Rebate Exceptions or those that have
made the Penalty Election), as well as any rebate receipts recovered, to such Computation Date
in accordance with the requirements of the Treasury Regulations.
3. As of each Computation Date, VPSA shall subtract the amount computed pursuant to
paragraph 1 from the amount computed pursuant to paragraph 2. Such amount shall be the
"Aggregate Local Units' Rebate Requirement" as of the Computation Date.
D. Rebate Payment
1. Upon the calculation of the Local Unit Rebate Requirement for each Local Unit,
VPSA shall notify the Investment Manager thereof. The Investment Manager shall promptly
charge the Principal Subaccount of a Local Unit to the extent the amount on deposit to the credit
of its Income Subaccount is less than its Local Unit Rebate Requirement and credit its Income
Subaccount with an amount such that the balance to the credit of the Income Subaccount is equal
to such Local Unit Rebate Requirement (taking into account prior amounts credited to the
Income Subaccount including investment income thereon). To the extent that the amount on
deposit in the Principal Subaccount is insufficient to provide for a deposit to the Income
Subaccount such that the balance in the Income Subaccount is equal to the Local Unit Rebate
Requirement for the Local Unit, the Investment Manager shall advise VPSA and such Local Unit
of the amount of the deficiency so that the Local Unit may promptly transfer to the Depository
the amount required pursuant to Section 12 of the Proceeds Agreement.
2. In addition to the computation of the Local Units' Rebate Requirement, VPSA shall
calculate its Rebate Requirement with respect to Nonpurpose Investments that were acquired
with the Gross Proceeds of the YPSA's Bonds in accordance with the procedures set forth in the
Tax Certificate executed by VPSA in connection with the issuance of the VPSA's Bonds.
3. The Local Unit Rebate Requirement for each Local Unit, if a positive number, shall
be paid at the direction of VPSA to the United States in installments. Each payment shall be
made not later than sixty (60) days after each Computation Date. Each payment must be in an
amount not less than the total of ninety percent (90%) of the Local Unit Rebate Requirement for
each Local Unit as of each Installment Computation Date. All of the Local Unit Rebate
Requirement must be paid to the United States within sixty (60) days after the Final Computation
Date. Payment shall be made to the Internal Revenue Service Center, Philadelphia, Pennsylvania
19255 and be accompanied by Form 8038-T. VPSA shall make such payment as required.
Investment Reports and records of the determinations made hereunder shall be retained by the
Investment Manager and by VPSA, respectively, until six (6) years after the retirement of the last
of VPSA's Bonds.
E. Definitions
In addition to the words and terms defined in the Proceeds Agreement to which this
Letter Agreement is attached as Exhibit C, the following words and terms shall have the
following meanings:
"Bond Resolution" shall mean the resolution of the Authority adopted on October 23,
1997, as amended and restated on October 5, 1998.
605485/3
C-4
"Fair Market Price" shall mean the purchase price and disposition price of a Nonpurpose
Investment. Any Nonpurpose Investment purchased must be purchased at the Fair Market Price.
An investment that is not of a type traded on an established market, within the meaning of
Section 1273 of the Code, is rebuttably presumed to be acquired or disposed of at a price that is
not equal to its fair market value. Accordingly, a premium may not be paid to adjust the yield on
an investment, a lower interest rate than is usually paid may not adjust the yield on an investment
and no transaction may result in a smaller profit or larger loss than would have resulted if the
transaction had been at arm's-length and had the yield with respect to the Bonds not been
relevant to either party. Pursuant to Treasury Regulation Section 1.148-5(d), the following are
safe harbors for establishing the Fair Market Price of certificates of deposit and guaranteed
investment contracts:
(i) Certificate of Deposit. A certificate of deposit with a fixed interest rate,
fixed payment schedule and a substantial penalty for early withdrawal will be deemed
purchased for fair market value if the yield on the certificate of deposit is not less than (i)
the yield on reasonably comparable direct obligations of the United States and (ii) the
highest yield published or posted by the provider to be currently available from the
provider on reasonably comparable certificates offered to the public. See Section 1.148-
5(d)(6)(ii) of the Treasury Regulations.
(ii) Investment Agreement. Investments pursuant to a guaranteed investment
contract will be regarded as being made at fair market value if
(a) A bona fide solicitation for a guaranteed investment contract is made
that satisfies all of the following requirements: (A) the bid specifications are in
writing and are timely forwarded to potential providers, (B) the bid specifications
include all material terms that may directly or indirectly affect the yield or the cost
of the guaranteed investment contract, (C) the bid specifications include a
statement notifying potential providers that submission of a bid is a representation
that the potential provider did not consult with any other potential provider about
its bid, that the bid was determined without regard to any other formal or informal
agreement that the potential provider has with the Issuer or any other person
(whether or not in connection with the issuance of the Bonds), and that the bid is
not being submitted solely as a courtesy to the Issuer or any other person for
purposes of satisfying the requirements contained in Section 1.148-
5(d)(6)(iii)(B)(1) or (2) of the Treasury Regulations, (D) the terms of the bid
specifications are commercially reasonable in that there is a legitimate business
purpose for each term other than to increase the purchase price or reduce the yield
of the guaranteed investment contracts, (E) the terms of the solicitation take into
account the reasonably expected deposit and drawdown schedule for the amounts
to be invested, (F) all potential providers have an equal opportunity to bid and no
potential provider is given the opportunity to review other bids (i.e., a "last look")
before providing a bid, (G) in those cases where the Issuer engages a bidding
agent to conduct the bidding, such agent did not bid to provide the investment,
and (H) at least three reasonably competitive providers are solicited for bids. A
"reasonably competitive provider" is a provider that has an established industry
605485B
C-5
reputation as a competitive provider of investments of the same type as such
guaranteed investment contract;
(b) At least three bona fide bids on the guaranteed investment contract are
received from providers that have no material financial interest in the Bonds. The
following are deemed to have a material financial interest in the Bonds: (A) the
lead purchaser in a negotiated underwriting transaction until 15 days after the
issue date of the issue, (B) any entity acting as a financial advisor with respect to
the purchase of the guaranteed investment contract at the time the bid
specifications are forwarded to potential providers, and (C) a provider that is a
related party to a provider that has a material financial interest in the execution
and delivery of the Bonds;
(c) At least one of the three bids received is from a reasonably competitive
provider, as described above;
(d) The winning bidder provides a certificate that (A) lists the recipients,
amounts and purposes of any brokerage fee, placement fee, commission or
administrative costs that it is paying (or expects to pay) to third parties in
connection with supplying the guaranteed investment contract, (B) states that the
yield on the guaranteed investment contract is not less than the yield available
from the provider on reasonably comparable guaranteed investment contracts
offered to other persons from sources of funds other than gross proceeds of tax-
exempt obligations, and (C) in those agreements wherein the Issuer deposits
amounts (other than amounts deposited in debt service funds or reasonably
required reserve or replacement funds) states that the Issuer's draw-down schedule
was a significant factor in determining the terms of the guaranteed investment
contract;
(e) The highest yielding guaranteed investment contract for which a bona
fide bid was made is purchased (determined net of broker's fees, if any); and
(f) The following records are retained with the bond documents until three
years after the last outstanding Bond is redeemed: (A) a copy of the guaranteed
investment contract, (B) the receipt or other record amount actually paid for the
guaranteed investment contract, including a record of any administrative costs
paid and the certification under subsection (d) hereof, (C) for each bid that is
submitted, the name of the person and entity submitting the bid, the time and date
of the bid, and the bid results, and (D) the bid solicitation form and, if the terms of
the guaranteed investment contract deviated from the bid solicitation form or a
submitted bid is modified, a brief statement explaining the deviation and stating
the purpose for the deviation.
"Future Value" of a payment or receipt at the end of any period is determined using the
economic accrual method and equals the value of that payment or receipt when it is paid or
received (or treated as paid or received), plus interest assumed to be earned and compounded
over the period at a rate equal to the Yield on the VPSA's Bonds, using the same compounding
interval and financial conventions used to compute that yield.
605485B
C-6
"Gross Proceeds" shall have the meaning ascribed to such term in Section 148 of the
Code and shall mean:
(g) amounts actually received or constructively received by VPSA from
the sale of the VPSA's Bonds and the amounts actually or constructively received
by the Local Units from the sale of the Local School Bonds, other than any
interest accruing on the VPSA's Bonds from the dated date to the issue date of
such bonds;
(h) amounts treated as Transferred Proceeds (as defined in Treasury
Regulations Section 1.148-9) of the VPSA's Bonds or the Local School Bonds, if
an)';
(i) amounts that are reasonably expected to be or are in fact used to pay
debt service on the Bonds including amounts in the sinking fund portion of the
1997 Income Fund under the Bond Resolution and the 1997 Sinking Fund under
the Bond Resolution;
0) securities or obligations pledged by the VPSA or Local Unit as
security for payment of debt service with respect to the VPSA's Bonds or the
Local School Bonds;
(k) amounts received with respect to any investments acquired with Gross
Proceeds for the purpose of carrying out the governmental purpose for which the
VPSA's Bonds or the Local School Bonds were issued, including the Local
School Bonds, except that such amounts shall not include amounts, if any, that are
properly allocable to qualified administrative costs recoverable under Treasury
Regulation Section 1.148-5(e) or to the higher yield permitted under Treasury
Regulation Section 1.148-2(d) or Section 143(g) of the Code;
(1) amounts treated as "replacement proceeds" of the VPSA's Bonds or
the Local School Bonds within the meaning of section 1.148-l(c) of the Treasury
Regulations;
(m)any funds that are part of a reserve or replacement fund for the VPSA
Bonds or Local School Bonds; and
(n) amounts received as a result of investing any Gross Proceeds.
Gross Proceeds shall include amounts that are on deposit in the Income Subaccount to the
extent that such amounts are derived from Gross Proceeds of the VPSA's Bonds or the Local
School Bonds. The determination of whether an amount is included within this definition shall
be made without regard to whether the amount is credited to any fund or account established
under the Bond Resolution, or whether the amount is subject to the pledge of the Bond
Resolution.
For purposes of subsection (d) above, an amount is pledged to pay principal or interest
with respect to VPSA's Bonds or Local School Bonds if there is a reasonable assurance that the
605485/3
C-7
amount will be available for such purposes in the event that the VPSA or Local Unit encounters
financial difficulties. An amount can be indirectly pledged to pay principal or interest with
respect to VPSA's Bonds or Local School Bonds if it is pledged to a guarantor of either or both
such bonds. An amount may be "negatively" pledged to pay principal or interest with respect to
VPSA's Bonds or Local School Bonds if it is held under an agreement to maintain the amount at
a particular level for the direct or indirect benefit of the holders of the bonds or a guarantor of the
bonds. An amount is not negatively pledged however if (i) VPSA or the Local Units may grant
rights in the amount that are superior to the rights of the holders of the bonds or a guarantor of
the bonds, or (ii) the amount does not exceed reasonable needs for which it is maintained, the
required level is tested no more frequently than every 6 months, and the amount may be spent
without any substantial restriction other than a requirement to replenish the amount by the next
testing date.
If a decision is made to apply any insurance or condemnation proceeds to the redemption
of VPSA's Bonds or Local School Bonds instead of using such proceeds for repair or
replacement, any such proceeds become Gross Proceeds on the date of such a decision.
The definition of Gross Proceeds has been set out in full for the sake of completeness.
With respect to each Local School Bond, all of the Gross Proceeds are on deposit in such Local
Unit's Proceeds Account except to the extent that the Local School Bonds may be part of a
composite issue under Treasury Regulation §1.150-1(c), or the Local Unit may have retained
Transferred Proceeds. With respect to the VPSA's Bonds, all of its Gross Proceeds are the total
of the amounts on deposit in the Proceeds Accounts of the Local Units, except as provided
above, and the amounts on deposit in the sinking fund portion of its 1997 Income Fund under the
Bond Resolution and the 1997 Sinking Fund under the Bond Resolution.
"Investment Report" shall mean the record of investment activity maintained by the
Investment Manager with respect to the investment property and the Local Units, as described in
the Letter of Instructions to the Investment Manager from the Treasury Board of the
Commonwealth of Virginia dated May 1, 1999.
"Local Unit's Rebate Requirement" shall mean the sum of (i) the excess of (A) the
aggregate amount earned on all Nonpurpose Investments acquired with the Gross Proceeds of the
Local School Bonds over (B) the amount that would have been earned if the Nonpurpose
Investments had a Yield equal to the VPSA's Bond plus (ii) any income attributable to the excess
described in clause (i).
"Nonpurpose Investments" shall mean any security, obligations, annuity contract or any
other investment-type property (as such term is defined in Section 1.148-1(b) of the Treasury
Regulations) that is not acquired to carry out the governmental purpose of the VPSA's Bonds or
the Local School Bonds. Nonpurpose Investments shall not include Tax-Exempt Investments.
Any Nonpurpose Investments shall be purchased by the Investment Manager only if the purchase
price of the Nonpurpose Investment is the Fair Market Price.
"Rebate Calculation Agent" shall mean that accounting firm with a favorable national
reputation in the field of the calculation of amounts subject to rebate to the United States under
Section 148(0 of the Code and the Temporary Regulations that has been appointed under Section
9.2 of the Contract or by VPSA.
605485/3
C-8
"Tax-Exempt Investments" shall include:
(i) obligations the interest on which is excludable from gross income for
federal income tax purposes, and not treated as an item of tax preference under
Section 57(a)(5)(C) of the Code,
(ii) stock in a regulated investment company to the extent that at least 95%
of the income to the holder of the interest is excludable from gross income under
Section 103 of the Code, and
(iii) certificates of indebtedness issued by the United States Treasury
pursuant to Demand Deposit State and Local Government Series program
described in 31 CFR part 344 ("SLGs").
"Treasury Regulations" shall mean the Treasury Regulations Sections 1.148-0 through
1.148-11, 1.149(b)-1, 1.149(d)-1, 1.149(e)-1, 1.149(g)-1, Section 1.150-1 and Section 1.150-2, as
amended from time to time hereafter, and other regulations promulgated under Section 148 of the
Code.
"VPSA's Rebate Requirement" shall mean the sum of (i) the excess of (A) the aggregate
amount earned on all Nonpurpose Investments acquired with the Gross Proceeds of VPSA's
Bonds over (B) the amount that would have been earned if the Nonpurpose Investments had a
Yield equal to VPSA's Bond Yield plus (ii) any income attributable to the excess described in
clause (i).
"Yield", for purposes of this Letter Agreement, shall be calculated pursuant to the
Treasury Regulations by means of an actuarial method of yield calculation whereby "yield"
means that discount rate which, when used in computing the present value of all the
unconditionally payable payments of principal and interest and all the payments for a qualified
guarantee paid and to be paid with respect to the bond, produces an amount equal to the issue
price of the bond. For purposes of this Letter Agreement, the Yield on VPSA's Bonds is
%. The Yield on investments must be computed by the use of the same frequency
interval of compounding interest as is used in computing the Yield on the VPSA's Bonds and the
Local School Bonds.
Fo
605485~
C-9
G. Amendments
In order to comply with the covenants by VPSA and each of the Local Units regarding
compliance with the requirements of the Code and the exclusion from federal income taxation of
the interest paid and to be paid on the Local School Bonds and VPSA's Bonds, the procedures
described in this Letter Agreement may be modified as necessary, based on the advice of
counsel, to comply with rulings, regulations, legislation or judicial decisions as may be
applicable to such bonds.
Very truly yours,
VIRGINIA PUBLIC SCHOOL AUTHORITY
By:
Nalrle~
Title:
Richard A. Davis
Assistant Secretary and
Assistant Treasurer
Accepted: Mentor Investment Advisors, LLC
By:
Name: A1 Samper
Title: Senior Vice President
605485/3
C-10
Exhibit D
AUTHORIZED REPRESENTATIVES
The following are the Authorized Representatives of Virginia Public School Authority,
Wachovia Bank, N.A. and Mentor Investment Advisors, LLC
VIRGINIA PUBLIC SCHOOL AUTHORITY:
Name
Richard A. Davis
Gary Ometer
Title
Assistant Secretary
and Assistant Treasurer
Assistant Secretary
and Assistant Treasurer
Specimen Signature
[WACHOVIA BANK, N.A.:]
Name
[Anthony J. Conte
Title
Vice President
Specimen Signature
]
MENTOR INVESTMENT ADVISORS, LLC:
NalTle
A1 Samper
Title
Senior Vice President
Specimen Signature
605485/3
D-1
October 6, 1999 -10:00 to 10:15 a.m.
A Monthly Communications Report from the Albemarle County School
Board to the Albemarle County Board of Supervisors. Philosophy and
Purpose format will be the same for each monthly presentation.
Past
)~ School Board Briefs - September 13, and September 27
(Attachments 3 & 4)
)~ Report from the Superintendent with current statistics for the opening of
school. Enrollment - 12,168 or 99.7% of the projected 12,205 students;
137 new teachers hired, 21 minority educators; major renovations and
additions at Stone-Robinson Elementary and Henley Middle' Schools
completed and the schools were fully operational on opening day; new
Ivy Creek School is fully operational; four (4) bus drivers short; three
Resource Officers are now in place to serve the five middle schools.
)~ Calendar/Handbook mailed to all parents and available in the community.
(Attachment 1)
)~ First monthly meeting With area legislators held on September 10, 1999
~ School Board members attend the County Fair to dialogue with the
public. (Attachments 2)
~ The latest report from the State, of the 132 School Divisions, Albemarle
County Schools is one of 13 school divisions who offer a Charter Schools
implementation process to its citizens. (repeat)
Present
)~ Superintendent's Roundtables have begun.
)~ Hate incidents and other threats at two of our high schools were expertly
handled by the Albemarle police.
)~ The Strings Program has begun at Jack Jouett Middle School.
Future
> Newly-elected School Board members will be invited to a special
orientation by the current School Board members on November 10,1999.
> The new Ivy Creek School will be dedicated on October 20, 1999.
(repeat)
~ Joint meeting with the Board of Supervisors on October 25, 1999 to
discuss the Five-Year Consultant Compensation Report.
Septem, ber,,13, BoardBrief
Resolution of Appreciation to the University of Virginia School of
Medicine for the donation of 66 Leica Binocular Compound
microscopes, valued at some $125,000.
Establishment of the Equity and Diversity Committee.
Capital Improvements Program for 2000/2001-2004/2005 approved by
the School Board.
S,eptember 27~ Board Brief School Safety Report.
Northern Elementary School Schematic Design approval.
Enrollment and Dual Credit Report with Piedmont Virginia Community
College.
"We
Expect
SllCCeS$'
have to be proud
wealth demonstrates the of
Albemarle County to face new challenges and show
~ontinuous improvement.
IMPROVING TEST SCORES
in 1998, the second year of Standards of Learning testing,
Albemarle County students demonstrated dramatic
improvement over last year in 16 out of 16 content areas.
Four Albemarle County schools have already met the
2006-07 state accreditation requirements.
IMPROVING LITERACY
The percentage of Albemarle County second graders
reading on or above grade level has increased, in each of
:':th~ past six years. For continued improvements, the
School Board has authorized a literacy initiative for
grades K through 12.
HIGH TEST SCORES
Albemarle County students consistently perform above
state and national averages on the Stanford Achievement
Tests (Stanford 9).
HIGH SAT SCORES
Approximately 70% of Albemarle County seniors took the
Scholastic Assessment Test (SAT) in 1998. Average
Verbal scores exceeded the national and state averages
by more than 40 points. Average Math scores exceeded
the national average by 26 points and the state average
by 39 points. Two Albemarle County students attained
perfect scores in 1998.
STRONG ACADEMIC PROGRAMS
More than 80% of students taking Advanced Placement
(AP) tests score high enough to earn college credit. Over
300 students took nearly 500 AP exams in 1998. Sixty-
five percent of middle school students earn high school
credit for Algebra I. Forty percent earn high school credit
for Foreign Language. More than 50% of students earn
an Advanced Studies diploma. Albemarle County has
double the national average of National Merit Scholarship
finalists.
EXCEPTIONAL TECHNOLOGY PROGRAM
greatly enhance teaching, assessment and school
management. Students in Albemarle County Schools
enjoy a student-to-computer ratio of 8 to 1. Every
classroom in the Division is attached to both a building-
level network and a County-wide network. Division-wide
services include access to e-mail, Web hosting, shared
database applications, and the Intemet, making
To support ~ieving academic
success, Albe~ tion programs
for grades 3right Stars
and serve
~rther
LOW DROPOUT RATE
The Albemarle County Schools dropout rate is a Iow 2%,
compared to the state average of 4%,
PROFESSIONAL STAFF
The District is known for its highly educated and
experienced staff. Over 55% of Albemarle County
teachers have an advanced degree. Average years of
teaching experience is 13.4.
LOW STAFFING RATIOS*
For the 1999-2000 school year, the pupil to instructional
staff (teachers and teaching assistants) ratio will be as
follows:
K - Grade. 3 20.25: 1 Grades 6..- 8 22.35: 1
Grades 4- 5 21.25: 1 Grades 9 - 12 22.50: 1
with additional staffing for gifted, technology, media,
guidance, and at the elementary level: fine arts and
health/physical education.
* Special Educa#on, Title I, and other federally funded posit'ohs
are not included in these ratios.
ENTHUSIASTIC VOLUNTEERS
More than 600 volunteers .annually donate over 20,000
hours in our schools. In addition, our dedicated PTO/PTA,
community organization, and booster club members have
contributed countless hours in support of our students.
MODERN FACILITIES
Since 1988, through the generous support of the
Albemarle County Board of Supervisors and community,
Albemarle County has built seven new schools and made
major additions/renovations to 15 more. Total
expenditures of more than $110 million, in the past ten
years, has been spent for these and other maintenance
and technology projects. In the next five years, the total
project request includes the building of two new
TRANSPORTATION SERVICES
The Albemarle County Transportation Department safely
transports more than 12,000 students a distance of over
9,000 miles each day or 1.5 million miles annually, over an
area which is largely rural and encompasses more than
740 square miles.
Fast Facts
11,885 studems enrolled in Albemarle County Schools (end-of year)
·
· 18% Black
· 82% White
· 5% Other
· 14% identifiedas Gifted and Talented
· 20% eligible for free or reduced lunch
· 16% identified for Special Education
· 15 Elementary Schools ranging from 147 students to 623 students
· 5 Middle SchoOls ranging from 462 students to 640 students
· 3 Co nsive High Schools ranging frOm 914 students to 1508 students
· 1 Alternative High School with 75 students
· 1 Vocational ,High School (CATEC) in partnership with Charlottesville City
SChools
· -1 Special Needs School(Ivy Creek School) in partnership with Charlottesville,
Fluvanna, Greene, and Nelson CountySchools
Albemarle County Public Schools
401 Mclntrire Road ~
Charlottesville, VA 22901
(804) 296~5'826: -
Albemarle
County
Agnor Hurt
Broadus Wood
Brownsville
Cale
Crozet
Greet
Hollymead
Meriwether Lewis
Murray
Red Hill
Scottsville
Stone-Robinson
Stony Point
Woodbrook
Yancey
Burley
Henley
Jouett
Sutherland
Walton
AIlS
Monticello HS
Murray HS
WAILS
TOTAL # OF STUDENTS
ALBEMARLE COUNTY SCHOOLS
Demographic Information
(End of Year)
95/96 96/97 97/98 98/99
, Difference
10.815 11,235 11,527 11,885 +358
470 522 568 542 -26
413 426 442 447 +5
260 273 282 266 -16
455 504 '530 542 +12
369 378 365 335 -30
425 496 484 499 +15
641 612 613 623 +10
412 424 428 474 +46
250 245 252 281 +29
150 160 151 182 +31
184 202 193 211 +18
507 512 550 518 -32
282 296 288 268 -20
252 283 320 365 +45
168 164 158 147 -11
423 433 447 462 +15
583 580 576 597 +21
549 506 531 500 -31
513 592 577 640 +63
548 557 544 574 +30
1,745 1,853 1,963 1,508 -455
N/A N/A N/A 914 +914
68 86 90 75 -15
1.148 1,131 1,175 915 -260
% BLACK
(End of Year)
95196 96197 97198 98199
Difference
12.0 12,2 12.4 12.3 -0.1
19.6 18.6 23.6 22.0 -1.6
1.7 .7 1.4. 2.2 +0.8
8.1 6.6 6.4 2.6 -3.8
16.9 19.4 24.2 26.2 +2.0
6.8 5.8 3.8 4.5 +0.7
23.1 25.0 27.1 23.0 4.1
10.1 10.0 9.3 8.8 -0.5
1.0 .9 .9 0.6 -0.3
2.8 2.9 2.0 2.5 +0.5
14.7 15.6 11.9 12.6 +0.7
3.8 1.5 1.6 3.8 +2.2.
13.6 12.3 12.4 13.1 +0.7
4.3 7.1 3.8 3.7 -0.1
12.3 14.5 17.2 18.4 +1.2
38.2 39.0 37.3 38.8 +1.5
17.3 20.6 20.6 23.4 +2.8
5.8 5.3 4.9 5.5 +0.6
12.0 13.2 9.4 8,8 -0.6
9.2 10.5 10.2 9.5 -0.7
15.7 16.0 15.1 15.3 +0.2
15.9 14.7 15.4 12.8 -2.6
N~ N~ N~ 18.1 NM
13.2 7.0 11.1 14.7 +3.6
8.7 8.9 8.3 5.1 -3.2
% WHITE
(End of Year)
95196 96/97 97/98 98/99
84.2 83.7 83.4 82.8
75.5 75.5 71.1 73.6
97.5 98.4 98.4 97.1
90.4 90.8 91.5 90.6
79.1 78.6 71.9 67.7
89.4 91.8 92.3 91.6
57.6 57.5 53.5 52.7
86.3 86.9 88.1 88.1
97.3 97.2 97.2 96.4
93.2 93.9 96.4 95.7
78.7 73.8 80.1 80.8
96.2 98.5 98.4 96.2
85.2 86.9 86.2 86.1
95.0 91.6 95.1 93.3
82.9 80.2 77.8 76.4
60.1 58.5 61.4 55.8
79.2 76.2 75.2 72.1
93.0 91.7 92.0 90.8
79.6 78,7 82.7 82.6
88.3 86,5 86.0 86.6
80.8 80.6 81.6 81.5
Difference
-0.6
+2.5
-1,3
-0.9
-4.2
-0.7
0
-0.8
-0.7
+0,7
-2.2
-1.8
-1.4
-5.6
-3.1
-1:2
-0.1
+0.6
-0.1
80.2 80.3 79.3 81.0 +1.7
N/A N~ NtA 77.6 N~
86.8 93.0 87.8 84.0 -3.8
88.8 88.2 89.6 92.9 +3.3
% OTHER
(End of Year)
95196 96197 97~98 98~99
Difference
3.8 4.1 4.2 4.9 +0~7
4.9 5.9 5.3 4.4
.7 .9 .2 0.7
1.5 2.6 2.1 6.8
4.0 2.0 4.0 6.1
3.8 2.4 3.8 3.9
19.3 17.5 19.4 24.2
3.6 3.1 2.6 3.0
1.7 1.9 1.9 3.0
4.0 3.3 1.6 1.8
6.7 10.6 7.9 6.6
0 0 0 0
1.2 .8 1.5 0.8
.7 1.4 1.0 3.0
4.8 5.3 5.0 5.2
1.7 2.4 1.3 5.4
-0.9
+0.5
+4.7
+2.1
+0.1
+4.8
+0.4
+1.1
+0.2
-1.3
+0.0
-0.7
+2.0
+0.2
+4.1
3.5 3.2 4.3 4.5 +0.2
1.2 2.9 3,1 3.~ +0.6
8.4 8.1 7,9 8.6 +0.7
2.5 3.0 3.8 3.9 +0.1
3.5 3,4 3,3 3.1 -0.2
3.9 5.0 5,3 6.2 +0.9
N~ NM NM 4.4' N~
0 0 1,1. 1.3 +0.2
2.5 2.8 2.1 2.0 -0.1
Agnor Hurt
Broadus Wood
Brownsville
Cale
Crozet
Greer
Hollymead
Meriwether Lewis
Murray
Red Hill
Scottsville
Stone-Robinson
Stony-Point
Woodbrook
Yancey
Burley
Henley
Jouett
Sutherland
Walton
AHS
Monticello HS
Murray HS
WAHS
NOTE: Definitions of Gifted, Mobility, Free/Reduced Lunch and Special Education are provided in the Glossary.
% GIFTED
(End of Year)
95/96 96197 971.98. 98199 Difference
10.4 11.1 12.6 13.7 +1.1
8.9 7.9 7.9 9.0 +1A
14.7 17.8 19.7 18.3 -1.4
5.8 5.5 8.2 12.4 +4.2
8.4 9,7 12.1 15.7 +3.6
7.0 4.8 8.2 8.1 -0.1
11.3 8.9 10.1 13.0 +2.9
7.0 9.3 14.5 18.5 +4.0
20.1 20.3 19.9 19.4 -0.5
17.2 18.7 15.1 11.0 -4.1
14.7 13.8 17.9 16.5 -1.4
9.8 10.4 13.5 15.2 +1.7
5.3 6.2 6.9 9.3 +2.4
16.0 18.6 21.2 17.9 -3.3
9.1 7.7 12.2 8.2 -4.0
6.9 9.8 9.5 9.5 0
7.8 11.9 13.9 16.7 +2.8
13.2 17.6 19.4 18.9 -0.5
14.9 17.7 20.9 21'.0 +0.1
8.6 11.0 13.7 16.1 +2.4
5.7 7.2 9.9 11.7 +1.8
6.6 7.4 7.7 11.3 +3.6
NS NS NS 5.4 NS
0 14.0 10.0 6.7 -3.3
0.5 12.9 13.9 17.4 +3.5
% MOBILITY
(End of Year)
95/96 95/97 97198 98~99 Difference
15.8 14.6 14.5 *
18.0 15.6 18.9 *
6.1 9.9 11.1 *
14.5 14.7 24.7 *
20.9 18.2 21.8 *
15.3 12.1 6.8 *
35.7 36.8 28,8 *
10.3 10.1 15.2 *
8.3 9.5 -5.9 *
13.1 4.1 7.8 *
19.1 17.4 20.2 *
17.6 12.0 14.6 *
15.3 14.8 12.5 *
12.2 9.5 5.5 *
20.0 16.7 16.7 *
21.3 18.2 15.2 *.
19.0 20.5 17.0 *
8.1 7.9 10.4 *
11.1 15.5 15.8 *
13.7 10.1 12.2 *
20.9 16.5 12.9 *
13.9 13.9 13,2 *
N/A N/A N/A *
45.8 35.0 33.5 *
17.7 13.8 i3.6 *
% FREE/REDUCED LUNCH
(October 30)
95/96 95/97 97198 95/99 Difference
19 19 20 20
29 31 27
9 8 9
30 31 29
39 36 35
23 21 20
35 35 39
7 6 6
4 3
8 8
27 24
33 34
24 21
9 15
15 12
57 60
27 0
10 +1.0
25 -4.0
39 +4.0
23 +3.0
38 -1.0
5 -1.0
3 4 +1.0
10 10 0
30 33 +3.0
31 36 +5.0
23 20 -3.0
14 15 +1.0
21 20 -1.0
62 58 -4.0
17 24 30 28 -2.0
14 15 16 16 0
20 17 18 15 -3.0
8 9 8 8 0
33 36 33 34 +1.0
N/A N/A N/A 18 N/A
8 9 11 6 ' -5,0
% SPECIAL EDUCATION
(December 1)
95/96 96197 97~98 98199 Differenc,e.
16.5 17.0 16.1 16.2 +0A
16.7 14.2 12.7 12.1 -0.6
12:8 12.2 11.0 11.0 0
29.1 25.1 18.3 17.4 -0.9
21.0 19.5 17.2 15.3 -1.9
17.2 19.2 18.9 22.0 +3.1
13.7 11.3 12.0 15.1 +3.1
9,4 9.8 9.3 9.0 -0~3
17.8 18.3 14.1 13.7 -0.4
18.6 18.5 18.4 18.3 -0..1
13.8 16.5 19.1 18.8 -0.3
15.6 18.0 18.1 17.3 -0.8
18.2 17.3 16.1 17.6 +1.5
16.3 19.4 17.7 22.7 +5.0
15.9 12.3 14.8 14.4 -0.4
27.5 22.0 16.7 13.0 -3.7
16.7 17.7 18.5 13.5 -5.0
15.5 18.4 18.4 17.7 -0.7
14.2 14.5 14.3 13.3 -1.0
15.9 15.3 13.2 13.2 0
25.0 26.3 24;3 21.1 -3.2
14.0 16.1 15.3 14.8 -0.5
N/A N/A N/A 19.2 N/A
10.0 5.2 9.1 .16,0 +6.9
1'2.1 13.4 16.0 13;0 ~3:0
* Data will be available in October, 1999.
** Does not articipate in National School Lunch Program
*** Difference in number of students between the last two school years. (97/98 & 98/99)
Albemarle County Schools
ALBEMARLE COUNTY DEMOGRAPHY '\
The Albemarle County school division is one of 134 in Virginia. It is the fifth largest in geographical area,
encompassing 740 square miles, and has a population of approximately 80,000. The 1998-99 school enrollment of
11,981 students was 18th largest in the state. The county ranks in the top 10% of the state in education level of its
adults and the top 15% for median adjusted gross income.
Local points of interest include Monticello, home of Thomas Jefferson, and the University of Virginia. Albemarle
County students enjoy many local opportunities for learning and also benefit from proximity to Richmond, the capitol
'-...,of Virginia. /
.....-
FACILITIES
The' Albemarle County Schools includes:
I $ elementary schools
5 middle schools
3 comprehensive high schools
1 alternative high school
1 special needs school
Albemarle County students also have
~ access to programs at the Charlottesville-
i Albemarle Technical Education Center
.:
~'~. (CATEC), which is jointly operated with
'\,. the Charlottesville City Schools.
PUBLIC EDUCATION FUNDING
1998-99
Local
66'
Federal
1%
;.8 mil.
State
33%
/ GRADUATION REQUIREMENTS
(For students graduating in 1999, 2000, & 2001.)
For a Standard Diploma, the requirements are as
~ follows:
English 4 credits
Math 2 credits
Lab Science 2 credits
Other Math or Science 1 credit
.. Virginia and U.S. History 1 credit
[ Virginia and U.S. Government 1 credit
World Studies 1 credit
i Health and Physical Education 2 credits
Fine or Practical Arts 1 credit
Electives 6 credits
TOTAL 21 credits
For an Advanced Studies Diploma, the requirements
are as follows:
English 4 credits
Math 3 credits
Lab Science 3 credits
Virginia and U.S. History 1 credit
Virginia and U.S. Government 1 credit
World Studies 1 credit
Foreign Language 3 credits
Health and Physical Education 2 credits
Fine or Practical Arts 1 credit
Electives 4 credits
\,.. TOTAL 23 credits
EMPLOYEE POSITIONS
The Albemarle County School Board employs
approximately 1,946 people, as follows:
Full-Time Part-Time
68 0 Administrators
825 172 Teachers
41 62 Teacher Assistants
378 400 Other Support*
*This does not include bus drivers. /
'/ PROFESSIONAL DEVELOPMENT '"
1997-98 school year system-wide professional development
revolved around three main focus area:
Workshops/ Enrolled
i FOCUS AREAS Courses. Educators
! Teaching Diverse Learners 43 680
:.
! Interconnection of Curriculum,
i Instruction and Assessment 97 1,550
'~ Technology 178 942
TEACHING STAFF
\
DEMOGRAPHICS
The 1998-99 teaching staff demographics were as
follows:
Average Annual Salary: $36,409
Average Years of Teaching Experience: 13.41
Masters: 39%
Masters +30: 14%
Doctorate Degrees: 2.2%
Males: 22.5%
Female: 77.5%
Minority: 8% White: 92%
Teachers meeting state licensure requirements
for subjects that they taught in 1997/98: 99%
/
*Full-time teachers only. /"
/ STAFFING RATIOS* ".
For the 1999-2000 school year, pupil-instructional staff
(teachers and teaching assistants) will be as follows:
K - Grade 3 20.25: 1 Grades 6 - 8 22.35: 1
Grades 4- 5 21.25: 1 Grades 9 - 12 22.50: 1
with a defined allocation for gifted, technology, media,
guidance, and at the elementary level: fmc arts, practical arts,
and health/P.E.
* SpecialEducation, Title I, and otherfederallyfundedpos#ions are
"... not included
PER PUPIL COST
During the 1998-99 school year, per pupil cost was: $6,455.31
," SCHOOL ~
POPULATION i
September 30, 1998,
enrollment was as
follows:
Elementary 5,677
Middle 2,780
High 3,524
Total 11,981 ./
Albemarle County Public Schools
Department of Instruction
401 Melnfire Road
Charlottesville, VA 22902
(804) 296-5820
t2,100.
11,800.
11,200.
10,900.
10,600.
10,300.
10,000.
9,700.
9,400
ENROLLMENT HISTORY
(September 30 Enrollments)
.11,981
t0,581
t992-93 1993-94
10,889
1994-95
1995-96 1996-97 1997-98 1998-99
School Years
ALBEMARLE COUNTY PUBLIC SCHOOLS
BOARD'BRIEFS
Also available at http://k12.albemarle, org "WE EXPECT SUCCESS"
SCHOOL BOARD MEETING: September 13, 1999
BOARD ACTIVITY
The Board expelled a middle school student for the first nine
weeks of the 1999-2000 school year for being in possession of
a look-alike weapon.
The Board approved funding to be provided for travel,
lodging, and meal expenses to the Virginia School Boards
Association (VSBA) annual convention, November 17-19,
1999 in Williamsburg for newly elected School Board
members, who will take office in January 2000. The VSBA
has waived the registration fees.
The Board met on Friday, September 10, 1999 with Delegate
Van Yahres and Senator Couric regarding the Standards of
Learning (SOLs) for Social Studies and Science. The next
meeting with legislators will be Friday, October 8, 1999,
12:00 to 1:30 p.m., in Room 235. The agenda will include the
Standards of Learning for Language Arts and Math. In
addition, there will be discussion about Social
Promotion/Remediation.
OPENING OF SCHOOL REPORT
Support Services
137 new teachers were hired this year, including 113 full-
time and 24 part-time. Of these teachers, 21were minority
educators.
Although there was an increase in the lunch prices,
percentage participation increased this year compared to
last year.
As of September 10, 12,168 or 99.7 percent of the
projected 12,205 had enrolled. This number will increase
slightly by September 30.
Building Services and Transportation staff were
commended for their hard work in preparing for the
school year.
There were three School Resource Officers in middle
schools, an increase of two over last year. At the
September 27 meeting, the Board will receive a report on
school safety.
Instruction
Some schools were short learning materials at the schools'
opening; however, all schools will have textbooks and
materials within the next few days.
The English as a Second or Other Language (ESOL)
program increased 16 percent above last year and students
continue to enroll. Funding for this program is being
supplemented by instructional funds in order to support
growth.
The K-12 Literacy Program materials were distributed to
all elementary schools, with focus on the effective reading
classroom.
A class size report will be provided to the Board at its
September 27 meeting.
A consistent Elementary School Report Card will be used
in all elementary schools.
Staff development continues for middle school teachers
regarding differentiation in the classroom.
A part-time Strings teacher has been hired.
Major positions have been filled for the Before and After
School program.
1999 GENERAL ASSEMBLY ACTION ON
VIRGINIA PUBLIC SCHOOL LAW
The Board reviewed a summary of education-related legislation
adopted by the General Assembly in 1999. Most of these changes
have direct bearing on how the School Board and School
Administration conduct daily business. These changes went into
effect July 1, 1999. Categories of changes included the following:
· Student Discipline Issues
· School Attendance and Other Pupil Issues
· School Personnel Issues
· School Board Governance/Administration Issues
· School Instruction/Programming/Policy Issues
· Standards of Quality/Standards of Learning
A copy of the education-related legislation is on file in the School
Board Clerk's office. The Board will review policy changes
related to this legislation at its September 27 meeting.
RESOLUTION OF APPRECIATION
PRESENTED TO
UVA SCHOOL OF MEDICINE
The Board presented a Resolution to the University of Virginia
School of Medicine for donating 66 Leica Binocular
Compound microscopes to the Albemarle County Schools.
These microscopes were distributed equitably among the four
county high schools' science laboratories. This gift, which
represents more than $125,000 in replacement value to our
schools, will allow students access to sophisticated equipment
for scientific inquiry.
~) CAPITAL IMPROVEMENT PROGRAM FOR
FY 2000-2001 THROUGH FY 2004-2005
At its August 23 Work Session, the Board received the Draft
Capital Improvement Program (CIP) for FY 2000-2001
through FY 2004-2005 for first reading: The CLP for the
division ,s a five-year budget that is updated annually to adjust
for changing needs. In order to allow local government to
accurately project its five-year capital expenditures, all
departments are instructed to submit new projects in the fifth
year of the plan. Only emergencies, clearly identified critical
need projects, or unanticipated capital needs may be submitted
in the first four years. The Long Range Planning Committee
evaluates, and makes recommendations concerning major CIP
projects. School administrauon and staff also had the
opportunity to submit requests, which have been reviewed,
screened, and estimated for cost by the Building Services
Department.
The enrollment of the division is projected to grow to 13,174
students, which correlates to an additional 989 students, by
2004 and continues to grow to 14,490 by 2010. This is a total
enrollment growth of 2,285 students, or 19 percent over the
next 10 years. The Long Range Planning Committee
extensively studies enrollment projections and a variety of
other factors that affect facility needs, including reducing the
student to teacher ratios and the implementation of
differentiated staffing, and developed the following
recommendations that have been incorporated into the FY
2000-2001 - 2004-2005 CIP Request:
Project
Jouett
Addition
Southern
Elementary
Southern
Elementary
Henley
Addition
School Land
Acquisition
Maintenance
Request
Completion
2003
2004
2004
2005
Change
Enlarge to 750 students
Increase Capacity to 600
Site Purchased Moved
Forward 2 Years to 2000-0I
Increase Capacityto 750
Students
Begin Acquisition Process
2005'
Incorporated Additional
2005 Projects
The Board approved the revised FY 2000-2001 through 2004-2~05
Capital Improvement Program.
COMMENDATIONS
The Board recognized the following students whose art work was
published in the 1999-2000 Student Calendar Handbook:
Name School Grade
Jody Beavers AHS 11
Tyesha Catlett Stone-Robinson 4
Kevin Cline Wo°dbrook 4
Taylor Curtin Broadus Wood
Tyler,Diduch Meriwether Lewis
Andrew Eberly-Howerton Stony Point
Annie Emmons WA.HS
Alexandra Forrer Walton
Charlotte Fraser Hollymead
William Gimbel Broadus Wood
Jessica Hamlin Jack Jouett
Emily Hedstrom WAHS
James Howard-Smith Meriwether Lewis
Wilson Hunter Scottsville
Niyant Jain Hollymead
Emily Kent Broadus Wood
Rex Knudson Monticello
Deborah Ku Sutherland
Maggie Lachendro Cale
Danielle Langdon Brownsville
Ashley Lescanec WAILS
Amanda Long Scottsville
Stephen Markwood Albemarle
Tory Maupin Yancey
Katlin Mayo Woodbrook
Lauren Quesenberry Crozet
Christopher Rini Walton
Christopher Sloan WAHS
Kathryn Stanford Murray HS
Annie Turner Jouett
Joseph Verniero Cale
Megan Amber Williams Stony Point
Cherie Wood Sutherland
4
K
2
11
6
3
2
7
9
2
3
3
5
12
8
4
5
10
3
9
5
2
5
6
11
10
7
4
4
7
In addition, the Board recognized Sprint, Albemarle First
Bank, and the Mattie Graphics Corporauon for their
contributions to the Student Calendar Handbook.
EDGAR AND ELEANOR FOUNDATION
GRANT AWARDS
The Board recognized the following teachers who received
grant awards from the Edgar and Eleanor Shannon Foundation
for Excellence in Public Education:
Name School
Roxanne Broadbent Stony Point
Lisa Marshall WAHS
Dawn Hudgins Murray Elementary
Nancy McCullen Greet
Steve Gissendanner Broadus Wood
Jeannie Ballard Cale
Ann Johnstone Stone Robinson
Sandra Lowry WAHS
Carole Lear Woodbrook
Allison Bower Cale
Wendy Bernstein Cale
Jennifer Ferguson Red Hill
Congratulations to these teachers.
ALBEMARLE COUNTY PUBLIC SCHOOLS
BOARD BRIEFS
Also available at http://k12.albemarle.org
"WE EXPECT SUCCESS"
SCHOOL BOARD MEETING: Septembe? 27, 1999
BOARD ACTIVITY
There was Board consensus that the School Division apply
for a Virtual Jamestown Technology Grant that would
provide funding of more than $1,000,000 over a five year
period. The grant would allow for the creation of a history
laboratory for K-12 education and would make available a
wide range of first-hand 'materials in electronic format that
cannot be found in textbooks.
Board members were recognized for their outstanding and
comprehensive staff development efforts by the Virginia
School Boards Association O/SBA).
NORTHERN ELEMENTARY SCHOOL
SCHEMATIC DESIGN
The 2000/2001 - 2004/2005 Capital Improvement Program
provides for a new Northern Elementary School. On December
14, 1998, Board consensus was reached that the firm of Rancorn
Wildman Architects be selected to provide architectural services
for the project. In May of 1999, a Design Committee was
appointed. Prior to beginning the design process, a visit was made
to five elementary schools to tour each facility with the principal,
talk with teachers and key personnel, i.e., librarian, guidance, etc.
Valuable feedback was obtained regarding the advantages and
disadvantages 'of each school's design. A written survey was also
conducted in order to obtain feedback from staff who were not
available during the scheduled visits. The basic program and
design of Agnor-Hurt Elementary was used as a starting point.
Instructional program changes, which affected the design, were
also added to the architectural program. The new elementary
school will have the following features:
1. Student Capacity - 600 students
2. Grade Levels - Pre~K to 5
3. Building Size - 82,303 square feet
4. Construction Budget: Building, Sitework, and Recreation
Fields - $9,206,000 (Does not include land purchase, off-site
development and soft costs.)
5. Day Lighting (Allows natural light into all areas of the
building) and Improved Indoor Air Quality
6. Energy Efficient Design (high performance glazing,
occupancy sensors, optimized HVAC system) and Resource
Efficient Materials
.7. After-Hours and Community Use Design
8. Sloped Metal Roof
The Board approved the schematic design for the Northern
Elementary School and provided authorization to proceed to the
design development phase.
1999 GENERAL ASSEMBLY ACTION
AFFECTS SCHOOL BOARD POLICIES
At its September 13 meeting, the Board reviewed a summary of
education-related legislation adopted by the General Assembly in
1999. These changes went into effect on July 1, 1999. The
following are School Board policies affected by legislation:
1. CM (School Division Annual Report)
2. GCG (Licensed Staff Probation and Tenure)
3. GCM (Supervision of the Education Process)
4. IGAI (Character Education)
5. IGAJ (Driver Education )
6. IGBB (Programs for Gifted Students)
7. IGBF (English as a Second or Other Language)
8. IGBH (Alternative Schools)
9. JEC (School Admission)
I0. JFC (Student Conduct)
11. LC (Charter Schools)
The Board received the proposed policies for first reading and
provided recommendations to staff. Public testimony and Board
action will occur at the October 1'1 meeting.
O SCHOOL SAFETY REPORT
In August of 1998, the Board received an annual report on the
results of the state-required School Safety Audits. The following
is a summary about current and possible safety initiatives:
Current Programs and Practices
State Required School Safety Audits
School Resource Officers (SROs) in Middle Schools
Individual School and Division Crisis Plans
Surveillance Cameras in High Schools
Expansion of "Character Counts" in Schools
Student Safety Conferences
Discipline Policies and Alternative Programs
Tracking of Incidents of Discrimination and Follow up
Diversity Training and School Climate Initiatives
Health Clinicians in Schools
Il. Devdoping Programs and Practices
} Increase School Resource Officers at Middle Schools
Staff Picture Identification Badges
Phones in all Classrooms
Update of School Safety Audits
IlL Long-Term Safety Initiatives
Hire a School Division Safety Coordinator
Identification Badges for Middle and High School Students
"Smart" Identification Badges For Room and Building Access
Fixed Asset Inventory System
This report will be used to develop possible initiatives for the FY
2000-2001 Budget. A copy of the Sa/&y Report can be obtained
from the Clerk's office at 972-4055.
1999-2000 CLASS SIZE REPORT
For several years the Board has monitored class sizes in the
division's schools. The maximum class size goals in the core
classes established by the Board are: K-3, 21; 4-5, 25; 6-12, 27.
The Board has also monitored secondary classes with enrollments
below 15. In the unavoidable circumstance when a school is
unable to meet the class size goal, principals submit class size
waiver requests to the Assistant Superintendent for Instruction
for approval. The waiver requests certify principals' attempts to'
meet the class size expectations and for elementary schools,
methods developed to support the classes that exceed the goals
(i.e., teaching assistant time). A copy of the Class Size Report can
be obtained from the Clerk's office at 972-4055.
ACTIVITIES AND NOTES
There will be a School Board Orientation for newly elected
School Board members on November 10, 1999.
The 1999-2000 Student Calendar Handbook was sent home
tO parents.
The School Board Chairman, Mr. Baker, was appointed by
the Virginia Department of Education to serve a three year
term on the Standards of Learning Testing Committee.
The Board thanked Western Albemarle and Jack ,Jouett
Middle schools for the student artwork on display in Room
331 of the County Office Building.
The Superintendent's Roundtables will be held on the
following dates: Jack Jouett District, Wednesday, September
29, Albemarle High School; Rio/At large District, Monday,
October 4, Agnor-Hurt Elementary; Samuel Miller District,
Thursday, October 7, Western Albemarle, (The roundtable
originally scheduled for October7 at 7:00 p.m. at Henley
Middle will be held at Western Albemarle High instead
of Henley. The roundtable will last from 7:00 until 8:00
p.m., and will be followed by the School Board
Candidates' Forum sponsored by the Coalition for a
Responsible School Board and the Western Albemarle
High PTO. This change is made to allow interested
citizens the opportunity to attend both events.); White
Hall District, Wednesday, October 13, Broadus Wood
Elementary; Scottsville District, Monday, October 18,
Walton Middle School; Rivanna District, Wednesday,
November 3, Stone-Robinson Elementary.
BROWNSVILLE'S SCHOOL IMPROVEMENT
Mr. John Cruickshank, Principal, Brownsville Elementary School
provided an overview of the school's School Improvement Plan.
A School Improvement Team is comprised of parents, teachers,
and Board members. The following are 1999-2000 school
improvement goals:
1. Literacy Objective - Increase 90 percent of the number of
students on or above grade .level; increase direct instruction
of comprehensive skills; and increase remedial services for
grades 3-5 in the Standards of Learning vocabulary.
2. School Climate - Promote an environment in which
children and adults feel secure, appreciate diversity, and
demonstrate compassion for others. Objecuves include:
Consider the Character Counts Program for adoption;
Recognize "acts of kindness"; develop a more welcoming
environment in the cafeteria; better student health and
hygiene; and promote student ambassadors.
3. Technology Objective - Students and teachers will
significantly increase computer skills; the iMAC lab is up and
running; staff workshops are planned; implement programs
to reinforce reading and math skills; and increase staff
awareness of available software.
~UAL ENROLLMENT AND DUAL CREDIT
In accordance with current School Board Policy IKEB,
Albemarle County Schools has the opportunity to participate in
dual credit programs, but does not have the opportunity to
participate in dual enrollment programs. Dual credit programs
are defined as credit earned in a course in which students pay the
cost and take the course at an institution of higher learning or at
the high school campus, but outside of the seven-period day. The
student earns credit at both the institution of higher learning and
at the high school. Dual enrollment programs are defined as
credit earned in a course which is paid for by the high school,
held on the high school campus, taught by qualified school staff,
and is offered during the regular day. The student earns credit at
both the high school and the institution of higher learning.
School Board Policy IKEB, Promotion/Retention/Acceleration,
provides guidelines for students to take college-level courses if the
high school does not offer a class commensurate with the
student's level of achievement. The revision of Board Policy
IKEB-R is designed to provide high school students the
opportunity to participate in dual enrollment programs as
established under the '~¥irginia Plan for Dual Enrollment
between Virginia Public Schools and Community Colleges. The
revision also includes the establishment of dual enrollment
courses within division's high school Program of Studies. The
division and Piedmont Virginia Community College benefits
because both entities are able to count the student in their
enrollment figures.
The Board received the proposed policy for first reading and
provided recommendations to staff. Public testimony and Board
action will occur at the October 11 meeting.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Amendment of Motor Vehicle License Fees
SUBJECT/PROPOSAL/REQUEST:
Authorize public hearing to amend Section 9-404 of the
County Code establishing amounts of license fees for
motor vehicles
STAFF CONTACT(S):
Messrs. Tucker, Davis, Breeden
AGENDA DATE:
October 6, 1999
ITEM NUMBER:
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
Draft Ordinance
REVIEWED BY:
INFORMATION:
BACKGROUND:
Pursuant to Virginia Code § 46.2-752(A), the County assesses a license fee on motor vehicles, trailers, and
semitrailers. The amount of the local license fee may be equal to but not greater than the amount of the license
tax imposed by the Commonwealth on such vehicles. Periodically, the General Assembly adjusts the amount of
state license tax and the County Code must be amended so that the County fee does not exceed the amount of
the corresponding state tax.
DISCUSSION:
Albemarle County Code § 9-404 sets forth the local license fees on motor vehicles. Currently, the fee for motor
vehicles is $20.00 for vehicles under 4,000 pounds and $25.00 for vehicles in excess of 4,000 pounds. The
Virginia Code has been amended to raise the state tax for such vehicles to $23.00 and $28.00, respectively. The
attached ordinance would amend County Code § 9-404 to increase the local license fee to the state maximum.
The Virginia Code also has been amended to raise the state tax for motorcycles to $18.00. The proposed
amendment would raise the license fee on motorcycles from $15.00 to $18.00 to correspond to the increase in the
state tax. Finally, Virginia Code § 46.2-694.1 has instituted a three-tiered rate schedule based on weight for non-
passenger trailers and semitrailers. The attached ordinance would amend County Code § 9-404(C) and (D) to
continue a two-tiered fee schedule for trailers and semitrailers rather than to institute a three-tiered fee schedule.
The current County Code provides for a two-tier rate structure on trailers (less than 1,500 pounds - $5.00; over 1,500
pounds - $25.00). The allowable three-tier rate would require substantial modification to billing systems and is not
being recommended at this time.
The Virginia Code tax for large trailers is now less than the County license fee for such trailers. The proposed
decrease in the fee for the large trailers, therefore, is mandatory to comply with State Law and will cost $10,030. The
proposed increases are shown only for your information and you have the discretion to continue with the current fee
or increase the fee up to the maximums shown.
AGENDA TITLE:
AGENDA DATE:
Page 2 of 2
Amendment of Motor Vehicle License Fees
October 6, 1999
Enactment of the new rate schedules would have the following impact on annual revenues:
Type
Old Rate New Rate Variance Revenue Impact
Vehicles under 4,001 lbs.
Vehicles over 4,000 lbs.
Motorcycles
Small Trailers
Large Trailers
$ 20.00 $ 23.00 $ 3.00 $ 168,924
25.00 28.00 3.00 39,618
15.00 18.00 3.00 2,208
5.00 8.00 3.00 3,465
25.00 18.50 (6.50) (10,030)
Net Increase $ 204,185
RECOMMENDATION:
Staff recommends that the Board set a public hearing for the attached Ordinance amending Section 9-404 on
November 3, 1999. Staff seeks guidance from the Board as to whether the motor vehicle fees should be adjusted
to the greater amounts now permitted by the State Code.
99.185
99.185-A
DRAFT: September 27, 1999
ORDINANCE NO. 99-9( )
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 9, MOTOR VEHICLES AND
TRAFFIC, ARTICLE IV, COUNTY VEHICLE LICENSES, OF THE CODE OF THE
COUNTY OF ALBEMARLE, VIRGINIA.
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that
Chapter 9, Motor Vehicles And Traffic Article IV, County Vehicle Licenses, is hereby amended
and reordained by amending section 9-404, License fees--Amounts, as follows:
Sec. 9-404 License fees--Amounts.
A. On all motori~q vehicles, except as otherwise specifically provided in this
article, there shall be an annual license fee based on gross vehicle weight. The fee shall be
m~ twenty-three dollars ($20.00 $23.00) for vehicles with gross vehicle weights of four
thousand (4,000) pounds or less and ~ twenty-eight ($25.90 $28.00) for gross weights
in excess of four thousand (4,000) pounds. Gross maximum loaded weight shall be substituted
for gross vehicle weight for motor vehicles not designed and used primarily for the transportation
of passengers.
B. On every motorcycle there shall be an annual license fee of 52:cn eighteen
dollars ($15.00 $18.00); and an additional license fee of three dollars ($3.00) for each sidecar for
each motorcycle.
...... ~,~ ..... ~. On eve .ry trailer or semitrailer, not des_~,__, ed and used for transportation of
passengers, there shall be an annual license fee as follows:
Gross Weight Annual Fee
0 - 1,500 lbs. $ 8.00
1,501 lbs. and above $18.50
~.. D__~. In the case of a combination of a tractor-trailer or semitrailer, each vehicle
constituting a part of such combination shall be licensed as a separate vehicle.
~.. E._: On every motor vehicle, trailer or semitrailer upon which well-drilling machinery
is attached or other "specialized mobile equipment" as defined in Virginia Code § 46.2-700(B),
there shall be an annual license fee of fifteen dollars ($15.00).
(Code 1967, § 12-93; 1-18-73; 6-7-89; Code 1988, § 12-25; Ord. 98-A(1), 8-5-98)
State law reference--Va. Code § § 46.2-694, 46.2-694.1, 46.2-700 and 46.2-701.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Proposed Historic Preservation Plan and Ordinance
SUBJECT/PROPOSAL/REQUEST:
Presentation of the Historic Preservation Committee's
Final Reports and Recommendations
STAFF CONTACT(S):
Messrs. Cilimberg, Benish, Mss. Scala, Pickart
AGENDA DATE:
October 6, 1999
ACTION:
CONSENT AGENDA:
ACTION:
ITEM NUMBER:
INFORMATION:
INFORMATION:
ATTACHMENTS: Yes
BACKGROUND:
The Historic Preservation Committee was appointed by the Board of Supervisors in May, 1995, for the purpose
of developing a preservation plan for the County and providing recommendations regarding a regulatory ordinance.
In the summer of 1996 the Committee distributed copies of its initial draft to over one hundred County citizens and
organizations for comments. They held meetings with several organizations, including the Garden Clubs, Piedmont
Environmental Council, Chamber of Commerce, and Board of Realtors, and incorporated comments received.
They answered requests from individuals for expert advice on historic building renovations. The Committee also
conducted a public forum in the County auditorium in May, 1997, briefed the Architectural Review Board on the
proposal's potential impact on their organization and operation, and produced a final draft. The final draft
documents are being presented to you today to begin the public review process.
In March, 1999, the Board adopted Chapter Two of the Comprehensive Plan, including a short section on Historic
Resources. Staff noted at that time, that when the proposed Historic Preservation Plan was completed, it was
intended that it be adopted as a part of the Comprehensive Plan, probably as a free-standing document.
SUMMARY:
The Historic Preservation Plan .is proposed as an amendment to the Comprehensive Plan, and provides a
framework for public involvement in protecting the community's historic resources. It reviews the County's history
(a section which the Albemarle County Farm Bureau recommended that all Albemarle County citizens should read),
and emphasizes education, financial incentives, and partnerships among all interest groups. The plan further
recommends the adoption of a Historic Overlay District ordinance.
DISCUSSION:
The Historic Preservation Plan has been reorganized and condensed from the initial draft. It lays out a program
for future preservation efforts. Staff believes it should be considered for adoption whether or not the accompanying
ordinance is also adopted.
The Committee strongly feels that an ordinance is required, because National and State designations do not
provide protection for historic resources; a local regulation is the primary way that government can provide legal
protection for historic resources. The ordinance is different from previous proposals in that it focuses on the
protection of designated historic resources, through review of proposed demolition and other proposed changes,
but does not require review of new construction. The ordinance does not propose review of details such as color,
which do not permanently affect the integrity of the structure. It does not require maintenance of historic structures,
AGE NDA TITLE:
AGENDA DATE:
Page 2 of 2
Proposed Historic Preservation Plan and Ordinance
October 6, 1999
although voluntary maintenance and programs to offer assistance are recommended in the Historic Preservation
Plan.
The ordinance closely tracks the State enabling legislation. For example, the law allows that the property owner
may ultimately demolish a structure, provided certain steps are followed. By adopting this ordinance, the public
is granted an important period of delay prior to the proposed demolition of a historic structure, so that the building
can be documented and all alternatives to demolition can be explored.
Adoption of the ordinance provides a method for subsequent adoption of historic overlay districts. Only contributing
historic resources within adopted local historic districts would be subject to review. It is recommended that the
existing National Register properties be considered first for adoption as local historic districts.
RECOMMENDATION:
Staff recommends that the Board of Supervisors adopt a resolution of intent to amend the Comprehensive Plan
to include the Histodc Preservation Plan as suggested in March, 1999. The Historic Preservation Committee
requests that the Board consider forwarding the proposed Historic Oveday District ordinance to the Planning
Commission for review and recommendations.
99.181
RESOLUTION OF INTENT
WHEREAS, a historic preservation plan has been prepared at the request of the Board of
County Supervisors by the Historic Preservation Committee, appointed by the Board on May 3,
1995; and
WHEREAS, the proposed Historic Preservation Plan is intended to further the
Comprehensive plan goal of protecting Albemarle County's hi.qtoric and cultural resources by
defining specific implementation strategies; and
WHEREAS, the Historic Preservation Plan is proposed as an amendment to the
Cornprehensive Plan and provides a framework for public involvemem in protecting the
community's historic resources;
NOW, THEREFORE, BE IT RESOLVED that for the purposes of public necessity,
convenience, and general welfare, the Board of County Supervisors hereby adopts this resolution of
intent to amend the Comprehensive Plan to add a historic preservation plan componem; and
BE IT FURTHER RESOLVED that the Albemarle County Planning Commission is
requested to hold a public hearing on this resolution of intent, and to return its recommendations to
this Board of County Supervisors at the earliest possible date.
I, Ella W. Carey, do hereby certify that the foregoing writing is a tree, correct copy of a
resolution of intent adopted by the Board of County Supervisors of Albemarle County, Virginia, at a
regular meeting held on October 6, 1999.
Clerk, Board of County Superv~o4s
Proposed
ALBEMARLE COUNTY
HTSTORZC OVERLAY DTSTRZCT ORDTNANCE
Prepared by the
Albemarle County Historic Preservation Committee
September 13, 1999
30.7 HISTORIC OVERLAY DISTRICT - HOD
30.7.1 INTENT
September 13, 1999
The intent of this section is to implement the Comprehensive Plan goal of protecting the County's
natural, scenic and historic resources. It is intended to promote and protect the educational, cultural,
and economic welfare of the citizens of the County, and its visitors, through the identification,
preservation and recognition of buildings, structures, landscapes, sites, and districts which have
historical, architectural, archaeological, or cultural significance. The destruction or irrevocable
alteration of those buildings, structures, landscapes, sites, and districts may cause the permanent loss
of resources which are of great value to current and furore generations of Albemarle County, the
Commonwealth of Virginia, and the nation, and therefore, special controls and incentives are
warranted to avoid such losses.
The purposes for establishing this section are:
To identify and protect historic resources throughout the County, in order to maintain the County's
historic character for future generations;
To preserve the quality of life for residents of the County by identifying and protecting its treasured
historic, natural, and scenic resources;
To encourage the nomination of qualified historic properties to the National Register of Historic
Places and the Virginia Landmarks Register;
To promote tourism and other economic benefits of protecting historical, architectural,
archaeological and cultural resources, including historic landscapes, which are attractive to visitors;
To ensure a quality of design, construction and crafksmanship compatible with historic resources
and settings through architectural review of contributing resources;
To educate residents and tourists on the local cultural and historic heritage, and the contribution of
County resources to that heritage;
To be minimally intrusive on property owners and to work with them to encourage sound
stewardship and to foster a sense of pride in heritage resources;
To maintain and improve property values.
30.7.2 APPLICATION
This section is adopted in accordance with Section 15.2-2306 of the Code of Virginia. Historic
Overlay Districts created pursuant to this section may consist of a single building, structure,
landscape or site, including an archaeological site, or areas which contain multiple buildings,
structures, landscapes or sites. Historic Overlay District may be applied over any underlying zoning
district or other overlay district.
Within an adoPted Historic Overlay District, uses shall be permitted subject to the regulations of the
applicable underlying zoning district and/or other overlay districts, except as hereinafter expressly
provided.
[Note: See pp. 13-15for proposed amendments to existing Zoning Ordinance Section 30.6
Entrance Corridor Overlay District- EC, and Section 34A ~4rchitectural Review Board]
30.7.3 REVIEW BOARD
30.7.3.1 APPOINTMENT AND ORGANIZATION
The Review Board created under Section 34A to administer Entrance Corridor (EC) Overlay
Districts shall also administer the provisions of the Historic Overlay District in accordance
with the powers and duties set forth in Section 34A.2 and in Section 30.7.3.2 below.
30.7.3.2 POWERS AND DUTIES
In addition to the powers and duties set forth in Section 34A.2, the Review Board shall have
the following powers and duties which may be delegated to the Historic Preservation
Committee or other entity as the Review Board may decide:
A. Act in an advisory role to other officials and departments of local government regarding
protection of local historic resources;
B. Periodically conduct, or cause to be conducted, a survey of historic resources in the
community according to guidelines established by the State Historic Preservation Office;
C. Disseminate information within the locality on historic preservation issues and concerns;
D. Coordinate local preservation efforts with those of local historic and preservation
organizations, the Virginia Department of Historic Resources, and other interested parties,
both public and private;
E. Receive and act on public comment;
F. Advise owners of historic properties on issues of preservation, as requested;
G. Make recommendations to the Board of Supervisors regarding authorization of plaques
to commemorate historic resources;
H. Seek out funds to forward the purposes of this ordinance, and make recommendations to
the Board of Supervisors regarding the use of the funds.
I. Investigate and support incentives programs including heritage tourism events and
activities;
J. Investigate and support heritage education activities.
2
30.7.4 HISTORIC PRESERVATION COMMITTEE
30.7.5
30.7.4.1 APPOINTMENT AND ORGANIZATION
The Historic Preservation Committee shall be appointed and organized as follows:
A. The Board of Supervisors shall appoint a Historic Preservation Committee consisting of
five qualified members, all with a demonstrated interest, competence and knowledge in
historic preservation or archaeology.
B. The Historic Preservation Committee shall be advisory to the Review Board. One
member of the Review Board shail be a.member of the Historic Preservation Committee.
C. The Historic Preservation Committee shall meet with the Review Board bi-annually to
inform and coordinate efforts.
D, Members shall be appointed for terms of four (4) years and shall serve at the pleasure of
the Board of Supervisors. Initially, two (2) members shall be appointed for terms of two (2)
years, so that terms of office shall be staggered. The Board of Supervisors may replace a
committee member for reason of frequent absences prior to expiration of the member's
term.
30.7.4.2 POWERS AND DUTIES
The Historic Preservation Committee shall have such powers and duties as the Review
Board may delegate. However, the Historic Preservation Committee shall not be delegated
the power to review and act on Certificates of Appropriateness, which is the responsibility of
the Review Board.
CREATION OF HISTORIC OVERLAY DISTRICTS
30.7.5.1 HISTORIC OVERLAY DISTRICT BOUNDARIES AND CRITERIA
A. Boundaries of Historic Overlay Districts
The boundaries of a Historic Overlay District shall be clearly delineated to encompass sites
or areas having historic, architectural, archaeological, or cultural interest of such significance
as to warrant conservation and preservation. Significant sites and areas are as described in
B. below.
The Historic Overlay District may include a single building, structure, landscape or site and
surrounding land historically associated with' the resource that is essential to its historic
integrity and contributes to the property's historic significance. It may also include areas
which contain multiple buildings, structures, landscapes or sites which have significance
relative to their patterns of development, or social and economic or architectural
interrelationships, even though some resources in the area might not possess significant
merit when considered alone. In any case the boundary determination of the Historic
Overlay District shall be based upon careful studies which describe the characteristics of the
area and support the purposes of conservation and preservation.
B. Criteria for Designation of Historic Overlay Districts
Any building, structure, landscape or site designated as a National Historic Landmark, or
listed on the National Register of Historic Places, or listed as a contributing resource in a
National Register Historic District, or listed on the Virginia Landmarks Register shall
qualify for designation. Districts listed on the Virginia Landmarks Register or the National
Register shall also qualify for designation. In addition, the following criteria shall be used
for designating additional buildings, structures, landscapes, sites, or districts:
1. It is associated with events that have made a significant contribution to the broad
patterns of the history of Albemarle County, the state, or the nation; or
2. It is associated with the lives of persons significant in the past of Albemarle
County, the state, or the nation; or
3. It emb6dies the distinctive characteristics of a type, period, or method of
construction, or represents the work of a master, or possesses high artistic values, or
represents a significant and distinguishable entity whose components may lack
individual distinction; or
4. It has yielded, or may be likely to yield, information important to the prehistory or
history of Albemarle County, the state, or the nation; or
5. It possesses an identifiable character which reflects the architectural, cultural,
landscape'design, or rural heritage of Albemarle County.
30.7.5.2 PROCEDURE FOR DESIGNATION OF HISTORIC OVERLAY
DISTRICTS
A. Inventory of Historic and Prehistoric Resources Established
The Review Board shall periodically conduct, or cause to be conducted, a survey of
buildings, structures, landscapes and sites within Albemarle County for the purpose of
identifying those resources which have historical, architectural, archaeological or cultural
significance, and for the purpose of compiling appropriate descriptions, facts and lists. The
Review Board shall use the survey results to periodically recommend for designation new
Historic Overlay Districts, or revisions to existing Historic Overlay Districts. In
accomplishing the survey and study, the Review Board shall place particular emphasis upon
evaluating and incorporating the findings of historic, architectural, and archaeological
surveys and studies akeady completed.
B. Recommendation, Designation, and Revision of Historic Overlay Districts
The Review Board may recommend to the Board of Supervisors the designation of Historic
Overlay Districts and revisions to boundaries of existing Historic Overlay Districts. Upon
receipt of that recommendation, the Board of Supervisors may initiate a designation or
revision pursuant to Section 33.0, Amendments. Applications for Historic Overlay District
designation or revision may also be initiated by any owner or owners of land affected by the
designation or revision, or by motion of the Planning Commission or Board of Supervisors.
The Board of Supervisors shall approve all designations of Historic Overlay Districts and
revisions to boundaries of existing Historic Overlay Districts, as specified in Section 33.0,
Amendments, including public hearing and recommendation by the Planning Commission.
Prior to consideration by the Planning Commission and Board &Supervisors, all
applications shall be forwarded by the design planner to the Review Board. The Review
Board shall provide its recommendations concerning the proposed designation or revision to
the Planning Commission within 30 days of its.receipt of the application.
30.7.6
C. Preparation of Report on Proposed Designation
Concurrently with its recommendation, the Review Board shall submit a report to
substantiate establishment of a Historic Overlay District or a proposed amendment. The
report shall:
(1) establish and define the Historic Overlay District boundaries as delineated upon an
appropriate map;
(2) describe the historic, architectural, archaeological or cultural significance of the
buildings, structures, landscapes and sites to be protected, and special characteristics,
qualities, and/or context to be preserved; and
(3) describe present trends and conditions, cun'ent and long range planning, and desirable
public objectives for preservation.
D. Evaluation of Properties within Historic Overlay Districts
The report shall include an evaluation of all individual buildings, structures, landscapes and
sites within a proposed Historic Overlay District in order to classify each as being either
contributing or non-contributing.
CERTIFICATE OF APPROPRIATENESS
30.7.6.1 REVIEW BOARD APPROVAL REQUIRED
Except as otherwise provided in Section 30.7.6.2.C, within any Historic Overlay District, a
Certificate of Appropriateness issued by the Review Board or, on appeal, by the Board of
Supervisors, is required for the following actions:
Exterior reconstruction, alteration or restoration of any contributing resource; and
Demolition, razing or moving of any contributing resource.
30.7.6.2 ADMINISTRATION
A. Pre-application Conference
Prior to submission of an application for a Certificate of Appropriateness within a Historic
Overlay District, the applicant or the applicant's representative shall meet with the design
planner for preliminary'review, comments and recommendations. The purpose of this
conference is to inform the applicant of the requirements of the review process, to offer
preliminary comments on' the proposal, and to advise the applicant of options which may
expedite this process.
B. Application Submittal
The Review Board shall be responsible for issuing certificates of appropriateness as
required by this section. Application for a Certificate of Appropriateness shall be filed by
the owner or contract purchaser of the subject property with the .design planner. Materials
submitted with the application, or on subsequent request by the Review Board, shall include
all plans, maps, studies and reports which may be reasonably required to make the
determinations called for in the particular case, with sufficient copies for necessary referrals
and records. If the design planner determines that action by the Review Board is required,
the design planner shall forward the application together with all accompanying materials
and recommendations to the Review Board.
If the application is a request for demolition, razing, or moving of any contributing resource,
the owner shall submit, as part of the accompanying materials, documentation of the
contributing resource on the original site. Photographic documentation in color shall include,
at a minimum, exterior views which circumnavigate the contributing resource, and include
also the immediate setting. The site context shall be documented in a sketch drawn to scale
that includes the footprint of the contributing resource and the immediate setting.
Archaeological documentation, if required by the review board, may include a representative
sample excavation and systematic recovery of cultural artifacts from the sample excavation.
· C. Actions Exempt from Review
A Certificate of Appropriateness shall not be required for:
1. Any interior alteration which has no effect on exterior architectural features;
2. Free-standing new construction such as, but not limited to, a dwelling, garage, or barn;
3. Repainting the same or a different color (initial painting of masonry surfaces on any
contributing building or structure is not exempted from review);
4. Addition or deletion of reversible, non-structural, non-contributing features such as, but
not limited to, storm windows and doors, window gardens, awnings, seasonal canopies,
window air conditioners or holiday decorations;
5. Addition or deletion of television or radio antennas, satellite dishes or solar collectors;
6. Planting of grass, trees and shrubs, unless the landscape has been identified as a
contributing resource;
7. Routine maintenance which does not include any architectural changes or alterations;
8. Alteration to property which is under historic easement with, or is subject to review
requirements of, the Virginia Department of Historic Resources.
D. Public Notice Required
Notice of application submittal shall be sent by first class mail to each member of the
Planning Commission and Board of Supervisors. Notice shall also be published in a
newspaper having general circulation in the County. No Certificate of Appropriateness shall
be issued within ten (10) calendar days of the date of the notice. The notice shall state the
type of use proposed, specific location of the property.and magisterial district, appropriate
county office where the application may be reviewed, and date of the Review Board
meeting.
E. Review Board's Decision and Findings
The Review Board shall schedule the application for hearing upon its receipt, and shall cause
the public notice to be sent as described above. The Review Board shall review the
application at the scheduled meeting and shall approve or disapprove the application. If
approved, the Review Board shall issue a Certificate of Appropriateness, with or without
conditions, together with any modifications as deemed necessary to insure compliance with
this section.
A Certificate of Appropriateness shall expire one year from the date of Review Board
approval, or when a building permit issued for the same use expires, whichever occurs first.
All decisions of the Review Board shall include a written s~atement of the reasons for the
6
30.7.7
approval or disapproval and, where applicable, the conditions to be met whereby the
applicant could make the application acceptable to the Review Board. The Review Board
shall take action within sixty (60) days from the date of application.
30.7.6.3 CRITERIA AND GUIDELINES FOR APPROVAL OF
CERTIFICATE OF APPROPRIATENESS
In considering a particular application for a Certificate of Appropriateness, the Review
Board shall be guided by the intent of this ordinance, and by the particular standards and
considerations contained in the Secretary of the Interior's Standards for Rehabilitation, in
the Albemarle County Design Guidelines for Entrance Corridor Districts and Historic
Overlay Districts, and in the Secretary of the Interior's Standards and Guidelines for
Archaeology and Historic Preservation. Copies of the above documents are available for
review in the office of the Department of Planning and Community Development.
[Note: Recommendations for Albemarle County Design Guidelines for Historic Overlay
Districts are found in the Appendix, pp. 16-20.]
MOVING, RAZING, OR DEMOLITION
30.7.7.1 REVIEW BOARD APPROVAL REQUIRED
No contributing resource located within a Historic Overlay District shall be moved, razed, or
demolished except in accordance with a Certificate of Appropriateness approved by the
Review Board, or on appeal, by the Board of Supervisors after consultation with the Review
Board.
30.7.7.2 RAZING OR DEMOLITION DENIAL
In the event the request to raze or demolish a contributing resource is denied and appealed to
the Board of Supervisors, the Board may find that the contributing resource is of such
historic, architectural, archaeological or cultural significance that the public interest will be
served best by affu-ming the Review Board decision. In that event, the owner has the right
of appeal set forth in Section 30.7.9, in addition to the right to make an offer to sell as
described below in Section 30.7:7.4.
30.7.7.3 ADDITIONAL RAZING OR DEMOLITION RIGHTS
A. Offer to Sell
In addition to the right of appeal set forth in Section 30.7.9, the owner of a contributing
resource within a Historic Overlay District shall, as a matter of right, be entitled to a
Certificate of Appropriateness which permits the razing or demolition of the contributing
resource, provided that the owner has:
Applied to the Review Board for the right, has been denied the right by the Review
Board, and, on appeal, the owner has been denied the right by the Board of
Supervisors;
Made a bona fide offer to sell the contributing resource and the land pertaining
thereto, unless the land has been excluded under the waiver provision in E. below.
The offer must be at a price reasonably related to its fair market value, and must be
made to any person, firm, corporation, government, or agency thereofi or political
subdivision or agency thereof, which gives reasonable assurance that it will preserve
and restore the contributing resource. The time schedule for offers to sell shall be as
follows:
Minimum Offer for Property
Valued at:
$25,000 or less
Period to Sell
3 months (90 days)
At least $25,000, but less than $40,000
4 months (120 days)
At least $40,000, but less than $55,000
5 months (150 days)
At least $55,000, but less than $75,000
6 months (180 days)
At least $75,000, but less than $90,000
7 months (210 days)
$90,000 or more
12 months (360 days)
Executed no bona fide contract, binding upon all parties thereto, for the sale of the
contributing resource,, and the land pertaining thereto, unless the land has been
excluded under the waiver provision in E. below, prior to the expiration of the
applicable time period set forth in the above time schedule.
B. Other Rights and Time Limits
No offer to sell shall be made more than one year after the final decision by the Board of
Supervisors, but no appeal to the circuit court from a decision of the Board of Supervisors
shall stay or otherwise impair the right of the owner to make the bona fide offer to sell
referred to in A. above. After one year has passed l~om a final decision of the Board of
Supervisors, which has not been appealed or has been affirmed, the owner may renew his or
her request to approve the razing or demolition of the contributing resource.
C. Statement by Owner Required
Before making a bona fide offer to sell, an owner shall first file a statement with the Board
of Supervisors. The statement shall identify the property and state: (1) the offering price;
(2) the date the offer of sale is to begin; and (3) the name and address of the listing real
estate agent, if any. The statement shall also provide assurances that the contributing
resource shall be maintained in its existing condition until it is sold or the time period
established in 30.7.7.4.A above has expired. The time period specified in 30.7.7.4.A shall
begin when the owner's statement is filed.
D. Negotiations
During the time period set forth in 30.7.7.4.A., above, the Review Board may negotiate with
the owner and with other parties in an effort to find a means of preserving the contributing
resource. Negotiation steps may include, but shall not be limited to:
30.7.8
(1) consultations with civic groups, public agencies, and interested citizens;
(2) recommendations for acquisition of the contributing resource by' public or private bodies
or agencies; (3) exploration of the possibility of moving the contributing resource and, if
necessary, (4) determination of options to salvage for furore use significant elements of the
contributing resource.
E. Waivers
· The Board of Supervisors shall have the discretionary authority to waive a portion of
the required time period for the offer to sell in any case where the owner would
suffer extreme hardship, not including loss of profit, unless a reduction in the
required period were allowed. In no case, however, shall the required time period be
reduced to less than 90 days.
The Board of Supervisors shall have further discretionary authority to allow the
owner to include only the contributing resource in the offer to sell in any case where
the owner would suffer extreme hardships not including loss of profit, unless the land
pertaining to the contributing resource were excluded fi.om the offer to sell.
ADVISORY REVIEW OF DEVELOPMENT IN OR ABUTTING
HISTORIC OVERLAY DISTRICTS
30.7.8.1 ADVISORY REVIEW REQUIRED
The Review Board shall review and make recommendations on all applications for rezoning,
special use permit, variance, site plan and subdivision proposed on parcels located within or
abutting a Historic Overlay District. Reviews shall address methods to reduce any adverse
impacts which approval of such applications may have on the Historic Overlay District.
30.7.8.2 REPORTING RECOMMENDATIONS
Recommendations of the Review Board concerning such proposed developments shall be
advisory, and shall be reported by the design planner to the Planning Commission, Board of
Zoning Appeals, and Board of Supervisors prior to their consideration of the application.
Review shall occur within the regularly scheduled time period so that the final action on the
application is not delayed.
30.7.9 APPEALS'
The Board of Supervisors reserves unto itself the fight to review all decisions of the Review Board
made in the administration of Section 30.7 which, in its discretion, it shall deem necessary to the
proper administration hereof.
Any person or persons jointly or severally aggrieved by a decision of the Review Board may
demand a review of the application by the Board of Supervisors. The demand shall be made by
filing a written request with the clerk of the Board of Supervisors within ten (10) calendar days of
the date of the decision. The Board of Supervisors may affirm, reverse, or modify, in whole or in
part, the decision of the Review Board. In so doing, the Board of Supervisors shall give due
consideration to the recommendations of the Review Board along with other evidence as it deems
necessary for the proper review of the application.
Any person or persons jointly or severally aggrieved by any decision of the Board of Supervisors
may appeal the decision to the circuit court of the county for review by filing a petition at law,
setting forth the alleged illegality of the action of the Board of Supervisors, provided the petition is
filed within thirty (30) days after the final decision is rendered by the Board of Supervisors. The
filing of that petition shall stay the decision 'of the Board of Supervisors pending the outcome of the
appeal to the court, except that the filing of the petition shall not stay a decision denying the right to
raze or demolish a contributing resource in a Historic Overlay District2
For the purposes of this section, the term "person aggrieved" shall be limited to the applicant, the
Review Board or any member thereof, the Planning Commission or any member thereof, the agent
of the Board of Supervisors, the Zoning Administrator, the County Executive, and the Board of
Supervisors, or any member thereof.
10
30.7.10 DEFINITIONS
For the purposes of Section 30.7, the following definitions shah apply:
Alteration: Any change in the total floor area, use, adaptability or external appearance of an
existing structure.
Building: A construction created principally to shelter any form of human activity, including, but
not limited to: house, barn, church, hotel.
Certificate of Appropriateness (COA): The approval statement signed by the Chairman of the
Review Board which certifies the appropriateness of a particular request.
Contributing Resource: A building, structure, landscape or site that adds to the historic
significance of a property or district, including, but not limited to, a buried archaeological
structure/feature.
Demolition: The dismantling, destruction, or tearing down of all orpart of any building or
structure, and all operations incidental thereto.
Exterior Architectural Features: The architectural style, general design, and general arrangement
of the exterior of a contributing resource, including the kind and texture of the building material,
and the type and style of all windows, doors, light fixtures, signs, and other appurtenant features. It
may also include natural features such as trees and shrubbery if they are essential to the historic
integrity of the property and contribute to its historic significance.
Historic Landscape: A geographic area, including both historic and natural features, associated
with an event, person, activity, or design style that i's significant in the history of Albemarle county,
the state or the nation.
Historic Overlay District: Any area so designated on the County zoning map by action of the
Board of Supervisors to encompass sites or areas having historic, architectural, archaeological, or
cultural.interest of such significance to warrant conservation and preservation. A Historic Overlay
District may consist of a single building, structure, landscape or site, including an archaeological
site, or areas which contain multiple buildings, structures landscapes or sites.
Historic Resource: Any building, structure, landscape or site which is significant to the history,
architecture, archaeology, or culture of Albemarle County.
Moving: Removal of a contributing resource from its existing site to another site.
Non-Contributing Resource: A building, structure, landscape or site that does not add to the
historic significance of a property or district.
Preservation: The act or process of aPplying measures to sustain the existing form, integrity,, and
materials of a historic property.' Work, including preliminary measures to protect and stabilize the
property, generally focuses upon the ongoing maintenance and repair of historic materials and
features rather than extensive replacement and new construction. In the case of buried
archaeological sites, preservation may refer to the preservation of information through the
systematic excavation of all or a portion of the site. In this context, the information about the site is
preserved, rather than the site, or building, or structure itself.
Razing: The dismantling, destruction, or tearing down of all of any building or structure, and all
operations related thereto.
Reconstruction: The act or process of reproducing by new construction the exact form and detail of
a vanished building, structure, or object, or a part thereof, as it appeared at a specific period of time
and in its historic location.
Rehabilitation: The act or process of making possible a compatible use for a property through
repair, alterations, and additions while preserving those portions or features which convey its
11
historical, cultural, or architectural values.
Restoration: The act or process of accurately recovering the form and details of a property and its
setting as it appeared at a particular period of time by means of the removal of later work or by the
replacement of missing earlier work.
Reversible Feature: NeW construction undertaken in such a manner that if removed in the future,
the essential form and integrity of the historic property and its environment would be unimpaired.
Routine maintenance: Activity involving the repair or replacement of existing materials and
features with equivalent material, but not including any addition or modification in construction.
Routine maintenance includes repainting the same or different color, but does not include the initial
painting of masonry surfaces on any conthbuting resource.
Site: The location of a significant event, a prehistoric or historic occupation or activity, or a building
or structure, whether standing, mined or vanished, where the location itself possesses historic,
cultural, or archaeological value regardless of the value of any existing or non-existing structure.
Structure: A functional construction made usually for purposes other than sheltering human
activity, including but not limited to: bridge, canal, fence, silo.
12
PROPOSED AMENDMENTS TO THE EXISTING ZONING ORDINANCE:
Section 30.6 "Entrance Corridor Overlay District - EC" and
Section 34A "Architectural Review Board"
13
Amend Zoning Ordinance Section 30.6 "Entrance Corridor Overlay District - EC"
as follows:
Replace the words, "Architectural Review Board" with the words, "Review Board."
Amend Zoning Ordinance Section 34A "Architectural Review Board" as follows:
34A .n~.CFZTECTT...~...~ REVIEW BOARD
34A. 1 '.~2.CF2TECT~v~..?~ REVIEW BOARD: APPOINTMENT AND ORGANIZATION
There is hereby created a~ ar~hi-t~a~ Review Board consisting of~ seven (7)
members, who shall be appointed by the Board of Supervisors and shall have the powers and
duties as set forth herein.
All ~ seven (7) members '~'"" ~' ..... ~;¢.~.~ .~.;.~....c ^ ~. .... ~ ~ ........_.~
....... .~ .................................. .~ ~....- shall
have a demonstrated interest and competence ~_,. or knowledge of i~ architecture, "~o; site
design, and/or thc historic character of Albemarle Coun _ty. At least one Review Board
member shall be an architect or architectural historian. At least two Review Board members
shall have professional training or equivalent experience in any of the following disciplines:
architecture, .landscape architecture, history, architectural history, archaeology_, law, or
planning. At least one Review Board member shall also be a member of the Historic
Preservation Committee. When adequate review of any proposed action would normally
involve a professional discipline not represented on the Review Board, the Review Board
shall seek appropriate professional advice before rendering its decision.
Members shall be appointed for terms of four (4) years and shall serve at the pleasure of the
Board of Supervisors. Initial appointments shall be for ~ four (4) members for four (4)
years and three (3) members for two (2) years, so that terms of office shall be staggered.
Vacancies shall be filled within sixty (60) days of the expiration of the prior term. Members
shall serve until successors are appointed.
The ~ Review Board shall ma)',.~,....~ *;~....~ *~,, ';-'~......, adopt such rules and
regulations consistent with the ordinances of the county and the laws of the commonwealth
as it may deem necessary to carry out the dflties imposed by this ordinance, including but
not limited to:
· Rules of procedure for considering applications.
· Regularly scheduled public meetings to be held at least four times a year, and
erw~se ............. ~, ................... held at the call of its chairman or at
such times as a quorum of the board may determine.
· Minimum attendance requirements for board members, and a removal provision for
frequent absences.
· A requirement for an annual report to the Board of Supervisors.
_. "T'I.~ 1~...~1 ~1,.~11 ~1~ .......... 11.. :, .....A requirement for an annual election of a
chairman and vice-chairman who shall act in the absence of the chairman.
._ -m.~..... ~.^...~,,,.,~...,..~..~u"' keep ......... cf itt. A requirement to keep minutes of the
proceedings, showing the vote of each member upon each question, or if absent' or
failing to vote, indicating such fact.
.14
34A.2
A requirement that all records of official actions shall become part of the permanent
records of the board.
A requirement that a quorum shall be a majority of all the members of the board.
A requirement that each member must attend at least one informational or
educational meeting per year, approved by the State Historic Preservation Officer,
pertaining to the work and functions of the Review Board or to historic preservation.
Within the limits of funds appropriated by the Board of Supervisors, the are~2tccmral
Review Board may employ or contract for such secretaries, clerks, legal counsel, consultants
and other technical and clerical services as the arc?2tccW, ral Review Board may deem
necessary for the transaction of its business. The ~ Review Board shall have the
authority to request the opinion, advice or other aid of any officer, employee, board, bureau
or commission of the county within the scope of his or its respective competence.
Members of the arc?2tccmra! Review Board shall receive such compensation as may be
authorized by the Board of Supervisors, fi:om time to time, by ordinance or resolution.
POWERS AND DUTIES OF THE A.P,C?~r~TEC~W-,a~ REVIEW BOARD
a. The arc?2tccmral Review Board sh~l a~ster ~e prohsions of section 30.6, En~ce
Coffidor Overlay Disffict - EC, ~d section 30.7, Historic Overlgy. Disffict, ~ accord~ce
with duties ~ set fo~ ~ :uck ~i:~ct each section; ~d shall establish ~d periodically
rehse approphate desi~ guidelines for such disfficts subjectto ~.~* .... ....... vv-~v-~,~*~
a~;~ ~+~-~ c ...... ~ ~+~ ~- by f Sup
.... ~ ............................ ratification the Bo~d o e~sors;
b. The ~ Review Board may, fi:om time to time, recommend areas for
designation as EC Overlay Districts and Historic Overlay Districts, and additions or
deletions to districts;
c. The ~ Review Board shall be advisory to the Commission, Board of
Supervisors and Board of Zo.ning Appeals in rezonings, special use permits, site
development plans, subdivisions, variances and other matters within EC Overlay Districts
and Historic Overlay Districts;
d. The Review Board shall review and approve or deny all applications for Certificates of
Appropriateness in an Entrance. Corridor Overlay District and Historic Oyerlay District~
e. The Review Board shall review and make recommendations on all applications for
rezoning, special use permit, site development plan, subdivision, and va15.'ance in or ad3ac-em
to abutting a Historic Overlay District;
f. The Review Board shall review all proposed National Register nominations within
Albemarle Coun _ty for the purpose of providing local comment to the State Review Board
and the Board of Historic Resources.
15
APPENDIX TO HISTORIC OVERLAY DISTRICT ORDINANCE:
Suggested Albemarle County Design Guidelines
For Historic Overlay Districts
16
APPENDIX TO HISTORIC OVERLAY DISTRICT ORDINANCE
SUGGESTED ALBEMARLE COUNTY DESIGN GUIDELINES
FOR HISTORIC OVERLAY DISTRICTS
The Secretary of the Interior has established professional standards on the preservation and
protection of all cultural resources listed on or eligible for the National Register of Histo.ric Places.
The standards which are most useful for review of alterations are The Secretary of the Interior's
Standards for Rehabilitation (reproduced below). These were revised in 1992 in a document called
The Secretary of the Interior's Standards for the Treatment of Historic Properties. That document
also contains standards for preservation, restoration and reconstruction of historic properties, which
may be appropriate to reference in some instances.
The 1992 revision modifies the 1983 Secretary of the Interior's Standards and Guidelines for
Archaeology and Historic Preservation. That document may be referenced for other standards and
guidelines which have not been recently revised, such as archaeological documentation.
The Secretary of the Interior's Standards for Rehabilitation
1. A property shall be used as it was historically or be given a new use that requires minimal
change to its distinctive materials, features, spaces, and spatial relationships.
2. The historic character of a property shall be retained and preserved. The removal of
distinctive materials or alteration of features, spaces, and spatial relationships that
characterize a property shall be avoided.
3. Each property shall be recognized as a physical record of its time, place, and use. Changes
that create a false sense of historical development, such as adding conjectural features or
elements from other historic properties, shall not be undertaken.
Changes to a property that have acquired historic significance in their own right shall be
retained and preserved.
Distinctive materials, features, finishes, and construction techniques, or examples of
craftsmanship that characterize a property shall be preserved.
Deteriorated historic features shall be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall match the
old in design, color, texture, and, where possible, materials. Replacement of missing
features shall be substantiated by documentary and physical evidence.
Chemical or physical treatments, if appropriate, shall be undertaken using the gentlest means
possible. Treatments that cause damage to historic materials shall not be used.
Archeological resources shall be protected and preserved in place. If the resources must
be disturbed, mitigation measures shall be undertaken.
New additions, exterior alterations, or related new construction shall not destroy historic
materials, features, and spatial relationships that characterize the property. The new work
shall be differentiated from the old and shall be compatible with the historic materials,
features, size, scale and proportion, and massing to protect the integrity of the property and
its environment.
10. New additions and adjacent or related new construction shall be undertaken in a manner that,
if removed in the future, the essential form and integrity of the historic property and its
environment would be unimpaired.
o
o
Albemarle County Design Guidelines
The Board of Supervisors 'has adopted Design Guidelines as recommended by the Review Board to
promote objective and consistent decisions within Entrance Corridor Overlay Districts. Those
17
guidelines are also appropriate for use within Historic Overlay Districts. Additional guidelines are
needed to address the specific decisions the Review Board will be making concerning Historic
Overlay Districts. The guidelines below recognize that Albemarle County's Historic Overlay
Districts may contain visible examples of the considerable diversity in its historic and cultural
heritage, and preservation, therefore, will involve a variety of architectural styles and site-specific
characteristics.
General guidelines for all decisions consider:
1. The public interest in contributing resources to be protected.
2. The historic, architectural, archaeological or cultural value and significance of the particular
building, structure, landscape or site and its relationship to the historic value of the
surrounding area.
3. The age and integrity of the historic building, structure, landscape or site, its condition and
probable life expectancy, and the appropriateness to the period(s) of its construction of any
proposed change.
4. The general compatibility of the proposed site plan and the proposed exterior design
arrangement, scale, textures and materials.
5. The present character of the general setting oft he building, structure, landscape or site and
its immediate surroundings.
6. The extent to which denial of a Certificate of Appropriateness would infringe upon the
owner's reasonable use of the property.
7. The extent to which every reasonable effort has been made to protect andpreserve
archaeological resources affected by or adjacent to any project.
8. The extent to which matters related to public health and safety as defined by the Planning
Commission prevail over the considerations herein presented.
9. The extent to which recommendations can be reasonably implemented and not impose an
undue economic burden on the property owner.
10. The extent to which the distinctive characteristics and features of each Historic Overlay
District'are preserved.
Guidelines for new additions and alterations to contributing resources:
1. When an addition is necessary, locate the addition on a less significant side of a historic
building. Limit the size and scale of the addition in relation to the existing building. Set the
addition back fi.om important elevations.
2. Construct a new addition and alterations so that there is the least possible loss Of historic
materials, and so that character-defining features are not radically changed, obscured,
damaged, or destroyed.
3. Whenever possible, design and construct the addition such that future removal would not
impair the basic form and character of the historic building.
4. The design of new additions and alterations should respect the visual and spatial qualifies
that the Historic Overlay District is established to protect. These qualities include height,
scale, spacing and orientation; facade proportions and window patterns; size, shape and
proportions of entrance and porch projections; materials, textures, architectural details; roof
forms; horizontal or vertical emphases; landscaping, walls and fences.
5. The design for the new work may be contemporary or may reference design motifs fi.om the
historic building. In either case, the new work should always be clearly differentiated from
the historic building to avoid creating a false historical appearance.
Undertake all new additions and alterations with efforts to protect and preserve significant
archaeological resources.
o
18
Guidelines for relocation of a contributing resource consider:
1. Whether the proposed relocation would have a deleterious effect on.the structural soundness
of the contributing resource.
2. Whether the proposed relocation would have a detrimental effect on the historic character of
its original setting.
Whether the proPosed relocation would provide new surroundings which would be
compatible with the historic and architectural character of the contributing resource.
4. Whether the proposed relocation is the only feasible means of saving the contributing
resource from demolition or demolition by neglect.
5. Whether the proposed new location is within .Albemarle County.
Guidelines for demolition or razing of a contributing resource consider:
1. Whether the contributing resource is of such architectural or historic interest that its
destruction would be detrimental to the public interest.
2. Whether retention of the contributing resource would help to preserve and protect a historic
place or an area of historic interest to the public.
3. The reasons for demolishing the contributing resource and whether or not alternatives exist.
4. The'results of any economic or structural feasibility studies.
5. The impact on surrounding historic resources and the Historic Overlay District as a whole.
6. The possibilities for relocation.
7. Whether the resource has been adequately documented in photographs, drawings and written
histories.
Guidelines for review of developments proposed in or abutting a Historic Overlay District
consider:
1. Whether the proposed site plan and exterior design arrangement are generally compatible
with the Historic Overlay District.
2. Whether the existing contributing resource is recognized and incorporated into the proposed
plan.
3. Whether a subdivision allows sufficient acreage surrounding an existing contributing
resource to protect its setting.
4. Whether landscaping/buffering is preserved or established to protect the setting of the
contributing resource.
5. Whether site plan elements such as parking, lighting, signs, and utilities are designed to have
the least impact on contributing resources.
6. Whether proposed setbacks are compatible with setbacks of existing buildings and the
Historic Overlay District in general.
7. Whether the proposed special use is compatible with the character of the existing Historic
Overlay District.
8. Whether the proposed conditions of the special use permit address the impacts of the
proposed use.
Guidelines for signs:
1. Generally, signs should relate to, rather than obscure and disrupt, the design elements of the
buildings or structures or site with which they are associated and should be compatible with
other signs and buildings or structures along the roadway.
2. Considerations for compatibility include dimensions, materials, lettering styles, -legibility,
lighting, overall effect and placement on the building or structure or site.
19
o
Specific guidelines for signs shall follow those adopted for the Entrance Corridor Overlay
District.
In addition, signs shall not be internally lit.
Guidelines for parking areas:
1. Parking areas should be inconspicuously located and appropriately landscaped or screened
by fences, walls, screen planting or other such elements, so as to minimize disruption to the
general historic character of the property.
2. Parking areas should be sited away from ma/n elevations of buildings and should not block
important views .to and from the site
Guidelines for landscaPing and screening:
1. Existing significant or contributing plantings, fencing, walls, walk'ways, gazebos and other
outbuildings should be retained or new ones designed to reflect the property's history and
development.
2. Existing trees, wooded areas, and natural features should be preserved whenever possible.
3. Improvements should be located so as to maximize the use of existing features in screening
the improvements from contributing historic buildings or structures.
Guidelines for accessory equipment and utilities:
1. Underground utilities are encouraged at all locations.
2. Mechanical equipment should be placed in inconspicuous locations and screened.
3. Utility appurtenances should be selected to harmonize with the character of the historic site
or screened and placed in inconspicuous locations.
a:hod4.rpt.doc
20
4/27/99
A Historic
Preservation
Plan for
Albemarle
County
Why clo we n~ to protect
Albemarle qou~'s Historic
rests?
Warren Tavern
I
Built:
Demolished:
Zion Baptist Church
1871
1975
Warren Depot
Built: 19oo
Demolished: 1975
Ivy Mill
4/27/99
Nydrie
Castalia
Crossroads Tavern
Built: 1810
Demolished: 1991
[ Emscliff [
Birckhead
Plantation
Built: 18th c.
Demolished: 1993-98
Garth House
4/27/99
Albemarle County
regulations t~rotect
farmlands and
forests.,.
and water resources.,.
bUt not historic resources.
The Board of Supervisors appointed the
Historic Preservation Committee
to create a Preservation Plan and to make a
recommendation regarding an ordinance.
Historic Preservation
Committee members:
Board of Su~ervisors liaison:
Planning Commission liaison:
Technical Advisor:
W. James Ed&ns
Jeffrey L. Hanmaan
Ralph Damman
Sara Lee Barnes
Bessie B. Carter
Cynthia Marie Conte
Robert L Serf
Charlotte Huraphris
C. Ja~l Loewenstein
Wo Douglas Gilpin Jr.
The pro_posed
Preservation Plan establishes
a framework
for future preservation efforts
in Albemarle County.
The Preservation Plan
will be a component of the
Comprehensive Plan.
3
4/27/99
The rural landscape with histOric
resources
is an integral, p.art of the County'S
heritage.
The
Comprehensive
Plan
Rural and
Development
Areas
In Development Areas, adaptive use of
historic resources is encouraged.
The broad spectrum includes
National and State Register properties...
...but also includes the simpler buildings
which housed common, eve~day
activities.
4/27/99
Protection of a
broad spectrum
of historic
resources is
recommended...
·..so that a sense
o£ community
continuity and
belonging is
meaningful to all
our citizens·
Albemarle County is a place
different from all others.
The character of the surroundings
contribute to the quality of life·
The community's economic vitality
is enhanced through heritage tourism...
...with events such as Garden Week.
5
4/27/99
Historic rehab creates a cascading effect
on local employment and commerce.
Labor intensive rehab creates more jobs
than comparable new construction.
Historic
preservation often
~ncreases property
values.
The real estate
community
recognizes there is
value in historic
buildings
National and State Register programs
only offer recognition...
...not protection
6
4/27/99
Many Virginia
localities recognize
that the best way to
protect historic
resources is
regulation at the
local level.
Seventeen
counties have
adopted
historic
preservation
ordinances.
Preservation options should be practical,
accurate, and affordable.
Incentives recommended in the Plan are:
· Revolving loan program
· Partial local real estate tax exemption
· Work bank program
· Presentation awards program
· Expert advice program
The Committee has already begun an
expert advice program.
4/27/99
An education
program will
communicate the
value of the
County's historic
resources in the
classroom...
...in adult programs, and in
community events.
Preservation can't rely solely
on voluntary actions.
In addition to good stewardship,
~ ~{ ~:': ....,:
a regulatory program is necessary.
The main objective of the proposed
ordinance
is to save our remaining historic
resources.
Therefore, the ordinance focuses on
review of demolitions and
' , ~:7:?"q" ~?'( '~:~
exterior alteratiom to historic resources.
8
4/27/99
The proposed ordinance does not
require review of new construction or
interior alterations.
The Preservation Plan recommends
maintenance of historic resources, but
the ordinance does not require it.
Try to imagine Albemarle County
without its historic buildings and
landscapes.
(Where is the history on Route 29 North?)
The Historic Plan and Ordinance
provide a means for all County citizens
to participate in protecting historic
resources.
Advance Mills Bridge
[ Morrisena I
9
4/27/99
[ Boonesville Store [
[ Mt. Cavalry Baptist Chur&
Guthrie Hall
I Albemarle County Jail [
[ Crozet Gas Station [
Will these
still .be standing
tomorrow?
lO
County of Albemarle Historic Preservation Plan
This item has been scanned under Land Use Reports
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Peacock Hill - Request to Amend the Albemarle County
Service Authority Jurisdictional Area for Water
SUBJ ECTIPROPOSAL/REQU EST'.
Consider holding a public hearing to amend the ACSA
Jurisdictional Area to provide Water to property
described as Tax Map 73A Sections 1 through 7
Peacock Hill Subdivision (see Attachment A,
amendment application)
STAFF CONTACT(S):
Messrs. Tucker, Foley, Cilimberg, Benish, Hirschman
AGENDA DATE:
October 6, 1999
ACTION:
CONSENT AGENDA:
ITEM NUMBER:
INFORMATION:
ACTION: INFORMATION: X
ATTACHMENTS:
REVIEWED BY:
Yes
/
BACKGROUND:
In July 1999 the Peacock Hill Community Association submitted an application to amend the Albemarle County
Service Authority (ACSA) jurisdictional area, for provision of public water (Attachment A). Planning staff previously
met with representatives from the association to discuss the policy set forth in the Comprehensive Plan, Land Use
Plan regarding circumstances under which public water and sewer can be provided in the Rural Area.
Subsequently, the Water Resources Manager convened a meeting with representatives from the Peacock Hill
Homeowners', Virginia Departmentof Health, Virginia Division of Mineral Resources, Albemarle County Service
Authority, and County Planning and Community Development. The purpose of this meeting was to discuss the
history of the Peacock Hill water situation and develop strategies for possible solutions (see Attachment B,
minutes). One outcome of this meeting was that state and private geologists would work with the homeowners to
further explore the opportunities for groundwater development in and near the subdivision.
The consulting geologist's report has been submitted, and is included as Attachment C.
The purpose of this worksession is to provide the Board with an opportunity to discuss this issue with the
applicant and staff, and provide direction as to any further information needed and/or desired by the Board
before proceeding with the jurisdictional area amendment process.
DISCUSSION:
In the 1989 Comprehensive Plan, the County initiated a policy regarding extension of water and sewer to properties
outside of the growth area which stated: Only allow changes in jurisdictional areas outside of designated Growth
Area boundaries in cases where the property is: (1) adjacent to existing lines; and, (2) public health or safety is
endangered. The Utilities section of the current Plan reiterates the 1989 policy cited above, and provides the
following additional guidance concerning water/sewer service in the Rural Area:
General Principle: Utilization of central water and/or sewer systems or the extension of public water or
sewer into the Rural Area is strongly discouraged except in cases where public health and safety are at
issue.
ATTACHMENT A
.ff'
PEACOCK HILL COMMUNITY ASSOCIATION
JUSTIFICATION FOR REQUEST
JULY 1, 1999
Individuals and even communities as large as Peacock Hill cannot move into the new
millennium by themselves. Albemarle County Supervisors are tasked with the
responsib'flity to begin the planning for water needs for all the County for the year 2050.
The Peacock Hill Community was established in the early seventies when the long term
availability of water may not have been fully thought out.
Peacock Hill constituents, like others in the County, "V~e our community as one that
balances natural and built environments and that has a vital urban core surrounded by a
rural area that remains predominately green and open .... one in which each individual is
valued and where all can live affordably and safely .... one that has open and access~le
governments which cooperate to provide quality economical services." So, as citizens and
taxpayers, we now need your understanding and help, because 180 property owners
placed their faith in the government years ago when the development was first approved.
In good faith, they believed that adequat,e water existed, that their health and safety was
considered, and that they would reap the same rewards as all other citizens because of
government oversight.
Our quest for Public Water, rather tim drilling more and more wells, is based on the
constant fear that eventually our water system may become contaminated, or that we will
soon run out of water. An objective analysis will show that County water for Peacock Hill
is the right thing to do. We reali~e that the County has not included Peacock Hill in its
preferred development zones, but the development came with the County's approval. It
places an unreasonable burden on residents and taxpayers when government moves in a
new direction without making allowances for past commitments. We believe that the
message to the citizens should be that, "we will honor our past as we move toward the
future." To address our fears, we believe that we need to be included in the growth plan
for Albemarle County.
The residents of Peacock Hill wish to work with the Board of Supervisors and its capable
stalfto find a soluti6n to the Community's water problem, and to discover the correct
pathway to implementing that solution promptly and economically.
PHCA 1-7/1/99
aISTORIC OWRV!F?W
Peacock Hills established and approved by County Planning and the State Health
Department in 1973 under developer, Frank Folsom Smith, included 180 home sites and
be served by a multi community well system. More specifically:
Peacock Hill is serviced by five wells, located throughout the community on its
common grounds.
Peacock Hill consists of 180 lots. 145 are improved lots, the remaining 35 are
unimproved (empty lots with no houses). Two homes are under construction
and will come on to our water system very soon. We have one outside
customer, who is not a community member of Peacock Hill.
· Total number of customers on Peacock Hill Service is 148.
· Peacock Hill's lots are surrounded by acres of common grounds. Community
drain fields are located on much of this land.
· The Peacock Hill Service Company was purchased in 1991 by the Association
for the sum orS10,000.
· Sales of lots and existing homes in Peacock Hill have risen substantially in the
last year. The popularity of the school district (V. L. Murray Elementary,
Henley Middle School, and Western Albemarle High School) have made this
area the second highest in demand, next to Stone Robinson School District.
See Attachment A. Its close proximity to the University of Virginia and
access to the Interstate Highway (I64) also make it very popular.
· Peacock Hill is growing at a rate of 1-3 houses per year.
· Two additional sites for well drilling were approved by Jim Moore, State
Health Department. However, Mr. Moore withdrew one of these sites because
it was too close to a drain field or a home owners property line.
Mr. Moore again reviewed the mapped areas in search of another site, but
could find none because of proximity to drain fields.
· We are currently hauling in an average of 30,000 gallons ofwater per week.
At least once a week we must transfer water fi:om our upper storage tank to
the lower one so that the burden on the wells can be eased. This requires the
purchase of even more water.
PHCA -2-7/1/99
WATER PUMPAGE/SALES
1988- APRIL 1999
WATER WATER WATER
YEAR # CU,ST: PUMPED PURC~HASED SOLD # .WE.LLS
1987 65 5,058,000 4,016,598 2
088 71 4,762,910 4,152,720 2
!98~) 84 4,089,400 4,675,932 2
990 ! 00 5,240,800 5,518,826 3
991 ! 12 5,759.100 6,810,018 3
~)2 119 6, i 12,600 7,046,965 3
Or)3 120 7,029,000 266,000 7,758,826 4
t)t.~4 134 8,033.000 8,4 ! 1,000 5
~)c) 5 143 8,087,000 9,728,000 5
~90 143 8,699,000 8, ! 66,000 5
997 t 45 I I. 107,000 10,424,000 5
t~')8 i 46 9.707,280 8,428,000 5
9¢.)t} (JAX-.',PR! 147 2,043.960 81,600 (.~t.u~.:u,R) .,c..-~ 5
DISCREPANCIES BETWEEN WATER PUMPED AND WATER SOLD CAN BE DUE TO
WATER LEAKS/MAIN METERS STUCK RESULTING IN DIFFEKENCES IN WHAT IS
P[.tMPED AND SOLD
[ HAVE ONLY BEEN ABLE 'lO LOCATE FILES THROUGH 1987 FOR PUMPAGES, 1
HOPE THAT THIS INFORMATION IS SUFi:ICIENT FOR THE TIME BEING. I AM STILL
TRYING TO LOCATE DOCUMENTATIONS FROM 1975- ! 986.
CINDY PERFATER
Chaff ~[
WATER PUMPED {Millions of gallons)
Chart ~_~
Peacock Hill Water System
180
160
140
120
100
4O
20
1987 1988 1989 1990
-. : ..... I, : -.~. '.t
1992 1993 1994 1995 1996
Year
] -e-- Water per Cuslome~ (gPd) i
i --m- No. of Custon'mrs _ i
Chart3
WATER SOLD (Millions of gallons)
12.
10
.2
0
1987
I , '1,., I ;
1988 1989 1990 1991
; ; - ~ ~ ~
1993 1994 1995 1996 1997
~---W-ATER sOL(~' (Million~ o~ ~aii0nsi'
1998
Droughts over the past decade have resulted in declining ground water availability..
Since 1973, 14 wells were drilled. Well output was insufficient to meet the
demand in 1993 and again in 1999, and water cominues to be hauled from
Brownsville Water Treatment Plant to Peacock Hill Several times each week.
Sustained conservation efforts by residents contribute to a moderate use of less
than 200 GPD per household averaged over a year. Outdoor watering and
washing is prohibited.
Peacock Hill homeowners now pay very high water rates and surcharges
(Attachment D), both to encourage water conservation and to provide capital for
maintenance-and operation of the water system. In 1999, the community voted to
assess each property owner for the drilling of an additional well. Indications fi-om
the Health Department are that well locations within Peacock Hill are limited, and
the 1999 well (well #6) may be the last which can be drilled.
A number of years ago, a community in the county, experienced water problems
similar to those of Peacock Hill. In fact, West Leigh's water system went dry and
is now supplied water, by the County. According to data furnished by ACSA,
West Leigh's average water usage is 320 GPD per household. Using this number
as normal conditions, Peacock Hill's need, therefore, is 181 units times 320 or
57,820 GPD. Our water system is currently able to produce 22,000 GPD (based
on a yearly average).
Water systems should ordinarily be designed for 30 years hence. Fire flow governs
system design. Fire flow requires 200-500% of average annual demand. Average
consumption for domestic purposes is only 100 GPD per capita. (Volume l, "Data
Book for Civil Engineers" by Seelye, pages 20-22)
In suramary, the Peacock Hill Water System, intended, originally, to serve 195
homes can no longer supply even nominal.household demand for 147 units. Two
new homes are nearly complete, and lots are available for 32 additional homes. It
is the considered opinion of the Peacock Hill Board of Directors that water must
be obtained from other sources.
We are, therefore, seeking solutions that will provide 58,000 GPD. The design
basis as outlined by the Health Department in 1994 was 54,400 GPD.
PHCA 9-7/1/99
PUBLIC HEALTH AND SAFETY ISSUES
Accessibility of water storage tanks
Peacock Hill has two water tanks, an upper tank (15,000 gallon capacity) at the
top of Crilliams Mountain and a lower tank (25,000 gallon capacity) at Deer Crest.
When the need to purchase water first arose both tanks were evaluated for
access~ility by C & D Water Hauling, a water provider recommended by the
County Water Department. The lower tank is not access~le by large tank trucks
and it can not,be made accessible without drastic revision of the road system and
severe destruction of surrounding forest area. The upper tank is access~le in
normal weather conditions.
A significant problem arises, however, in winter weather conditions. While a fully
loaded tanker might have sufficient traction to drive safely up to the upper tank, it
is the opinion of the water provider that it would be dangerous for the empty
tanker to drive down the hill in such conditions. It is likely that the descent would
endanger the tmek and driver, pedestrians, and property located all along Gilliams
Mountain Road. For this reason a water company would probably decline to
deliver water to the upper tank in snowy or icy conditions. Since the average
requirement of Peacock Hill is to purchase one truck load of water per day, there
is a risk that the community might be left with no water at all in an extended period
of winter weather.
Water Quality
In July of 1998 the Virginia Department of Health notified Peacock Hill that total
coliform bacteria in its water supply exceeded the primary maximum contaminant
level set forth by federal law. (Attachment E) The United States Environmental
Protection Agency has determined that the presence of total coliform is a poss~le
health concern. In 1994 a similar problem occurred with bacteria.
The past. necessity to shut off all water usage for several hours per day gives rise to
additional dangers. When the water supply is cut offa negative pressure usually
develops in the distribution system which can cause infiltration to the system fi.om
ground water to the potable water system. This is particularly true if there
happens to be a break in the water line.
PHCA I0-7/I/99
Fire Suppression
The Crozet Volunteer Fire Company would be the first to respond to either a
structural or a grass land/forest fire call from Peacock Hill
Response time by Crozet is three to seven minutes for assembly of the firemen and
dispatch of equipment plus the time required to travel from the fire station to the
scene in Peacock Hill. This measures between 10 and 12 minutes under normal
driving conditions, but would be significantly longer in winter, alter a major storm,
or if impeded by traffic congestion.
If dispatched to Peacock Hill: Crozet would send one pumper truck and one water
truck. The pumper carries 750 to 1000 gallons of water on board and the water
track carries 2,000 gallons. The water track is less maneuverable than the pumper
due to its length. Back-up assistance from adjacent units, if called by Crozet,
would normally dispatch both a pumper and a water tanker. Water tankers can be
replenished onsite. Back-up assistance can be obtained fi.om Station 8 on
Seminole Trail, North Garden, Earlysville, Rockfish, and the City of
Charlottesville. Back-up for brush and forest fires can be obtained fi.om the 'State
Forest Service as well.
The rote of fire water usage depends on the number and size of hoses deployed.
Pumpers are capable of delivering 750 to 1,000 gallons per minute through 2 ½
inch hoses. At this rote, water supply aboard the pumper and accompanying
tanker truck would be exhausted in as little as three minutes. A fire requiring this
effort would involve back-up units, so tankers would rotate between servicing
Pumpers and replenishing their supply from Peacock Lake. Ice equal to or less
than one inch in thickness should not affect water withdrawal beyond the time
penalty required to break through and insert the strainer unit.
For fire insurance purposes, residences at Peacock Hill are classified at risk level 9.
If piped water and reasonably spaced hydrants were available, the risk level would
drop to 5. On a $250,000 home, the difference in annual fire insurance premium
would be approximately $140.
PHCA 1 I-7/1/99
ALTERNATE SOLUTIONS
Adjacent Properties
Jay Gillenwater and Nursery
Dr. Jay Gillenwater, a neighbor on Dry Bridge Road, has three wells to the north
of Peacock Hill on State Route 708. He uses the water for a nursery. According
to Dr. Gillenwater the wells produce 50 GPM or 72,000 GPD. However, the
wells only nm about 100 hours per year and never for sustained periods. Dr.
Gillenwater is willing to provide assistance, but we would need to drill a new well
on his property and connect to our system which is about 2,000 feet fi-om his
property. We would need to explore water cost, long term flow rates, and
certification by the Health Department.
Rivanna Solid Waste Authority (RSWA)
The Waste Authority recently drilled a well in the median ofi-64 in proxinaity to
our community. Reports are that it is a high producing well and could satisfy some
of our needs. Discussion with Art Petrinfi RSWA Executive Director, suggests
that our hooking omo the well would not be legally acceptable. The well is a
monitoring well required by DEQ as an early warning system for possible
contaminants moving toward Peacock Hill.
Gertrude Weber Land
The Weber land is located across Dry Bridge Road (SR 708) fi-om Peacock Hill.
According to Ms. Weber, there is an excess mount of water on the property.
There are approximately 130 acres which she is selling. (Attachment F) The list
price is $950,000 and she would prefer that it not be develop?~, but ragher lxtrned
into "Green Space". Purchase by Peacock Hill would satisiiY ' ~ls. We~r:s desire
and provide Peacock Hill a buffer zone and water.
Peacock Hill would need the assurances that the area could produce the needed
water for a sustained period. The well (s) would become our major source by
producing a minimum of 58,000 GPD.
Financing would be a major obstacle for Peacock Hill and require much discussion
and innovatioii. However, discussions with Ms. Weber should include
Conservation Easement, Tax Reductions, and Quid Pro Quo for reduced value.
PHCA 12-7/1/99
Dowser Report
A Dowser has been retained to provide recommendations for well sites within
Peacock Hill and in the surrounding area. The Dowser was also asked to search
for water on unimproved lots. A full report will be submitted as an addendum to
this application,
Geological Report
Nick H. Evans, Ph.D., Senior Geologist for the State of Virginia has been asked to
perform a geological survey within one half mile radius of Peacock Hill. This is an
attempt to enlarge our circle of search Dr. Evans will ask us to contract for the
service. This will be expensive so the circle was limited tmtil the process is further
defined. The first meeting with Dr. Evans and Mr. Thomas Gathright was held on
June 29,1999. A full report will be submitted when complete as an addendum to
this application.
Other Possible Solutions
Moratorium on Building in Peacock Hill
Peacock Hill has 180 lots with 145 improved and houses presently being built on2
lots. There is a possibility that 33 more houses will be built. The water system
will not be able to furnish water to 180 homes. The County could refuse any
additional Building Permits. The Peacock Hill Service ComPany could also
prohibit any new customers. Both of these options would breach previous
understandings with land owners. Land owners of undeveloped land would
experience large devaluation of their property, which could expose the County and
the Association to litigation.
Albemarle County, Service ,A. ut.,h0rity Water
When Peacock Hill was approved as a planned Unit Development in 1973, the
Albemarle County Service Authority (ACSA) was allowed to provide water
anywhere that there were enough customers to provide an adequate revenue
strearr~ Although Peacock Hill was approved for development using a community
well system, there was then a possib'flity that public water could be obtained if it
became necessary.
PHCA 13-7/I/99
In later years, as a legitimate growth-managem~t tool, the ACSA was limited by
action of the Board of Supervisors to providing water to customers within
"jurisdictional areas," which areas included existing and planned growth areas of
the county. This change removed the fights of Peacock Hill and other rural county
subdivisions to use public water. Several of these subdivisions that were on well
systems have already suffered well failure, and are now served by the ACSA.
Peacock Hill is no different bom these aforementioned subdivisions outside
growth areas which are now being served by public water, except for the distance
and the costs of providing water to it. Because of the anticipated cost of providing
public water, Peacock Hill and its residents have survived for a quarter century by
drilling 14 holes in the ground, by imposing on themselves substantial water fees
and charges, by undertaking conservation measures; and by the enormous
dedication and work of a few citizens.
Despite all of these efforts, it now appears that additional wells will not provide the
long-term solution to an adequate supply of water to this community. If the Board
of Supervisors and the ACSA agree to examine the possibility of providing public
water, Peacock Hill pledges itself to work with both bodies in seeking ways to
solve this critical problem.
PHCA 14 - 7/1/99
Pqc¢ Range
# Trnnaaction.
Ooud
Albemarle County Lot Statistics
1998
Elementary
School District
# Tranoaction.
Closed
Month
# Cloo~d
<S20.000
$30,000-39,999
$40,000-49.999
;50,000-59,999
$60,OOO-69.999
$70.O00-79,999
$80,000-89.999
$90,000-99,999
SI00-119,999
$120-149.999
$ I f)0-175.000
$175-199,999
$200-249,999
$250-399,999
Total
7
1.6
10
16
6
13
9
15
18
23
18
19
7
12
9
203
3.45%
7.1M%
4.93%
7.88%
2. 96%
6.400/o
4.43%
7.39%
8.87%
11.33%
8.87%
9.36%
3.45%
5.91%
4.43%
100./0
Broadus Wood 20
Brownsville 8
Cale 2
Cmaet
(;met 3
Hollymead 4
Methsether Lewis 25
Mumy 35
Red Hill 8
Scottsville 3
Stone Robinson 59
Stony Point 14
Yancy 11
Total 203
9.85%
3.94*/.
0.99%
5.42%
1.48°/o
1.97°/o
12.32°/.
17.24%
3.94%
1.48%
29.O6%
6.900/o
100%
Jarl
Feb
Mar
Apr
May
Jun
Aug
Oct
]qov
Dec
Total
15
8
11
17
17
29
21
22
13
23
9
203
7.39%
3.94%
5.420,~
8.37'1,
8.37*,4
14.29°/o
10.34'/o
10.84%
6.400/0
11.33%
4.43%
100%
,//
~ ~ ~n~r~/
//
Take i ~ ~ u-~ Ivy E~i[. l~h ~ 6J~7. Pdtth{ (m 708. l'c~k*ack ttill (~'l Icli. 'l~'clvc mmtac~ eom ~nvli.
Septend)er IO. i ~,~g
Peacock Ilill Service Company
P.O. Box 2~4
Ivy. Vir§inia 22q4~
~me: {~}4) 2~N',-24#4
Fa:~: (~14) 2~N'~.2474
IMPORTANT NOTICE!!'!!
Dear Peacock Hill Service Customers:
As many ofyou are aware, the water system experienced a leak on Turkey Ridge Road
that was found on this pasl Labor Day. Our maintenance provider, Country Water System.
promptly began to repair the leak early the next morning. In most cases, in order to repair leaks
and depending where they are located, water service must be shut down. This was the case for
this most recent leak. We realize that these interruptions in water service are an inconvenience for
our customers and while it is the intention of' Peacock Hill Service Company to give notice in
advance of any work which must be done that will necessitate any interruption ofthe supply, such
notice is to be considered an accommodation and not a requirement on the part of the Company.
Property owners must so regulate their installations connected with the water supply
system that damage will not occur if water is shut off without notice. Peacock Hill Service
Company will undertake to use reasonable care and diligence in order to prevent and avoid
interruptions and fluctuations in the service, but cannot and does not guarantee that such will not
occur. Please refer to your copy of the Peacock Hill Service Company Water Rates, Rules and
Regulations (effective date January I, 1998).
Along with the water loss that occurred with the leak, we are ina extreme drought period.
Coupled with the fact that water usage has been increasing during this period, the wells and tanks
are being stressed. The tanks cannot replenish to normal levels quickly enough to meet demand at
this time. if water usage continues to climb, and there is no rain to replenish the wells, it could
mean that alternate water sources would need to be used..
With this in mind, Peacock Hill Service Company is implementing a mandatory
restriction of water usage to it's customers in order to obtain a sufficient supply. Until
further notice the following usage of water will be prohibited:
I)
2)
~Any and all outdoor watering of lawns and landscaping.
The washing of automobiles.
Peacock Hill Service Company may discontinue water and sewer service to those customers
that willfully or indifferently violate the above prohibitions as stated in the Peacock Hill
Service Company Water Rates, Rules and Regulations.
-2-
Normal household water usage, such as balhing, showering, cooking, elc. is no problem.
However, be mindful o~' how much water you are using. Shorten your showers. Fill your
bathtubs only !/4 full. Use your garbage disposal sparingly. Accumulate waste and dispose of'it
all at once by flushing with cold water - or better yet, save all the waste for composting. Load
your dishwashers and washing machines to capacity. A toilet leak can waste hundreds of'gallons
o1' wilier a day i .isle, I~i nit omillolls "h.~.~.~.~" .~)llll(I Sitlce runny lenk.q are ~ilefll. iTIi! a
drops ol' rood coloring or a (lye cap,lc in the Ioilet tank and wait 15 minutes. It' thc color shown
up in the bowl and the toilet has not been flushed, you have a leak to repair.
Adherence to the above reslrictions and tips, will result in the water system bouncing back
to normal at a quicker rate. Peacock Hill Service Company thanks all it customers for their
patience and compliance during lhis time.
Customers will be notified when restriclions will be lifted. You may call the office nun~her
at (804) 296-2484 for updated intbrmalion. Please do not call my personal home number. Only
messages left al the office number will be answered.
Si_ncerely, ~
Cindy erfater, anager
Peacock Hill Service Company
PF. ACOCK HII2., SERVICE COMPANY
POST OFFICE BOX 284
IVY, VIRGINIA 22945
(804) 2 .24 4
FAX (804) 296-2474
WATER & SEWER RATES EFFE~ JANAURY I, i.998
CONNECTION FEES:
N~v Water Service Cmmection ................................................ $1550.00
Now Sewer Servi~ Comm~on ................................................ $ 750.00
SERVICE FEES:
Water Service Fee ................................................................... $ I 1.00/month
USAGE FEES:
Water Usage Fee ....................... 0-20,999 gallons .....................
....................... 21.000 & over ......................... $
.00475 per gallon
.05 per gallon
Sewer Usage Fee ....................... 1/2 of Water Gallons Used At Applicable Rate
DISCONNECTION FEE:
Disconnection of Water/Sewer Service ..................................... $
55.00
RECONNECTION FEE:
Recormection of Water/Sewer Service ....... ................. ' .............. $
55.00
ACCEPTED
FOR FILING
J/tN ?
NOTICE TO CONSUMERS OF THE
PEACOCK HILL SUBOIVISION PUBLIC WATER SYSTEM
We have been advised by tile Vhgl~da Depmtmeflt ol Health Ihat total coliform bacteria exceeded Ih~. pHmmy
maximum contaminm~t level as set forth by federal law for samples collected during the month of July 1998. Tile
results indicated the presence of coliform bacteria in two samples. We are allowed no more than one coliform
presence sample per month.
The United States Environmental Protection Agency (EPA) sets drinking water standards and has determined
that the presence of total coliforms is a possible health concern. Total collforms are common in the environment
and are generally not harmful themselves. The presence of these bacteria in drinking water, however, generally
is a result of a problem with water treatment or the pipes which distribute the water, and indicates that the water
may be contaminated with organisms that can cause disease. Disease symptoms may include diarrhea.
cramps, nausea, and possibly jaundice, and associated headaches and fatigue. These symptoms, however, are
not Just associated wtth disease-causing organisms in drinking water, but also may be caused by a number of
factors other tharl your drinking water. EPA ha.~ set an enforceable drinking water standard for total coliforms to
reduce the risk of these adverse health effects. Under this standard no more than 5.0 percent of the samples
collected during a month can contain these bacteria, except that systems collecting fewer than 40
samples/month that have one total coliform positive sample per month are not violating the standard. Drinking
water which meets this standard is usually not associated with a health risk from disease causing bacteria and
should be considered safe.
For additional information concerning this notice, you may call Ms. Cindy Perfater at 804/296-2484.'
June 11, 1999
COMMITTEE MEMBERSHIP
COUNTY WATER PROJECT
Bill Hodson, Coordinator
797 Gillums Lane
Telephone: 295-8676
E-mail: DDI4IMAGE~aoLeom
FAX: 295-6991
Gerald (Gerry) Fisher
305 Heron Lane
Telephone: 296-0642
E-mail: Gerry_Fisher_3~Compuserve.com
FAX:
Louise Smith
75 Apple Lane
Telephone: 971-3959
E-mail:
FAX:
Charles (Chuck) McGinnis
50 Gooseneck Lane
Telephone: 244-0426
E-mail:
FAX:
Joshua Cares, President
395 Heron Lane
Telephone: 984-4334
E-mail:
FAX:
Harold Morris
825 Gilliams Mountain Road
Telephone: 971-3567
E-mail:
FAX:
Cindy Perfater, Manager
812 GiIliarns Mountain Road
Telephone: 296-2484
E-mail: eperfater~juno.com
FAX: 296-2474
David Noble
821 Gilliams Mountain Road
Telephone: 293-5633
E-ma~.'
FAX:
ATTACHMENT B
Summary of Meeting
Peacock Hill Water Situation
June 4, 1999
A meeting was held in the Albemarle County Office Building to discuss the current
situation with the Peacock Hill water system and efforts that are underway. The meeting
was attended by the following:
Jim Moore & Carl Christiansen: Virginia Department of Health, Office of Water
Programs
Bill Brent: Albemarle Cotmty Service Authority
Harold Morris, Dave Noble, and Bill Hodsen: Peacock Hill Homeowners' Association
David Benish: Albemarle County Planning Department
David Hirschman: Albemarle County Engineering Department
Nick Evans: Division of Mineral Resources
The topics discussed at the meeting were as follows:
Bill Hodson explained to work of the homeowners' subcommittee looking into the water
situation, and distributed a draft outline of the jurisdictional area request application. He
also distributed a draft list of alternative solutions to finding water, with advantages and
disadvantage listed for each solution.
David Benish gave a brief overview of planning and policy issues. In order for the
jurisdictional area to be extended, a clear emergency need and health and safety
justification would need to be provided based on the criteria in the comprehensive plan.
Clear documentation would have to demonstrate that there are no other feasible options
to extending a public water line. A few past cases were referred to.
Jim Moore described the current configuration of the Peacock Hill water system - 5
wells. He explained that the system is limited based on the source (rather than storage or
pump capacity). Based on the 48-hour drawdown test, the system was rated at 54,000
gallons per day, although current yield was estimated to be closer to 22,000.
David Noble outlined in some detail the history and operation of the system. The
developer originally drilled 12 wells in 7 locations. Of these, only 2 were used for the
supply. By 1990, these two were having trouble, so a 3ra was brought on-line. The
homeowners' bought the company in 1991. More supply trouble was encountered in
1993. They looked back at the original 12 sites to see where additional wells might be
drilled. In 1994, they brought the 4th well on-line at 9 gallons per minute (gpm). In
1995, they pursued additional supply by contracting with Tom Gathright. Tom
recommended several other drill sites. Th~e~ drilled a well up near the storage tanks, 690
feet deep, at 15 gpm. Tom G. looked for 6 and 7th well sites. Of these, one was drilled,
and results of the 48 hour test are pending. The 7th site is the last one identified by Tom
G. Currently, their storage is a combined total of 48,100 gallons, so storage does not
limit the yield - in fact, they are having trouble keeping the tanks filled.
Additional well sites within the community are limited by terrain and existing (or future)
septic drainfields (setbacks are needed between drainfields and any well location). At
present, Peacock Hill has 148 lots built on out of a total of 180.
Bill Brent inquired if a dowser has ever been used to find well sites. The answer was no,
and there was some discussion about dowsers and geologists, and some reference to Bob
Humphries, who is also on the Service Authority board.
David Noble and the other residents explained efforts to approach an adjacent landowner
(Gillenwater). If adjacent land is used, existing wells couldn't be used due to standards
and the need to have a dedicated source, so new wells would have to be drilled.
Nick Evans described his work of relating geology to groundwater availability. He
explained that availability is related to fractures and the amount of storage above the
fractures within the saprolite layer. Generally, they look at fractures, topography, and the
nature of the saprolite layer (overlying material). He explained that for the Peacock Hill
situation, the best thing would be to look for the best opportunities within some proximity
to the community.
Dave Hirschman suggested the options of doing a broader well location study (not just
within the subdivision) and/or looking at using some of the remaining lots for water
supply development.
David Benish discussed with the residents the timing of turning in the jurisdictional area
application. Basically, the timing doesn't matter that much, since a study would have to
be done either before or after the application is turned in. David said that the application
fee could be refimded if it tums out that they find water and not much staff time is
expended reviewing the request. It was decided that the application would be turned in
the near term while other work to find nearby water is ongoing.
Bill Brent explained that, even if the request if approved, it would take 18 months to 2
years before a pipeline could be completed, so some contingency supply would be needed
anyway. It was also discussed that the existing distribution system may have to be
upgraded, and that would be a high cost item.
Jim Moore did a quick calculation and estimated that 45 gpm is needed to meet current
demand, based on the assumption of 0.5gpm of yield per equivalent residential
connection. At this point, there is a 15-20 gpm deficit in order to obtain a reliable water
supply.
Existing water conservation and demand management strategies were discussed. David
Noble explained changes to the rate schedule to discourage excessive use. The residents
felt that the community was using water very prudently in light of their current problems.
David Hirschman asked if there might be some opportunities to replace some water uses,
such as yard irrigation, with non-potable sources, such as the pond.
David Noble explained the current system whereby different groups of wells are activated
on a rotating system to fill the tanks. Based on his description, it appears that a more
efficient automated system may be able to help supply somewhat. Nick Evans explained
that other automated options were available.
Jim Moore raised the question of whether is was prudent to keep adding connections
(building on the remaining lots) if they are having trouble serving the existing demand.
This was discussed in some detail as a land use implication to this situation. Bill Brent
asked if the remaining lots could be developed with individual wells. It seems, based on
lot sizes, that this may be limited. David Benish commented that, in the past, extension
of lines into the RA zone was stipulated for existing users only, raising an issue of what
would happen with the currently undeveloped lots.
There was additional discussion about who would be available to assist the community
with a broader well site study. Nick Evans suggested that he could help, and would also
try to enlist Tom Gathright.
David Hirschman summarized the meeting by suggesting that the homeowners look at
the following issues as part of the process of requesting public water:
1. Additional well sites in the vicinity (not necessarily within the subdivision) - Nick
Evans and possibly Tom Gathright may be of assistance.
2. Additional demand reduction strategies, such as using other sources for irrigation.
3. Optimizing the automated system where different wells are tapped on a rotating basis.
4. Suggestions for furore land use with regard to the undeveloped lots. David Benish
and David Hirschman will have to work with the homeowners on this.
llam
797 Gilliams Mountain Road
Charlottesville, VA 22903
Telephone: 804-295-8676
Fax: 804-295-6991
E-mail: DDI41MAGE~aoI.com
ATTACHMENT C
September 13, 1999
Wayne Cilimberg
Director, Planning & Community Development
County of Albemarle
401 Mclntire Road
Charlottesville, Virginia 22902-4596
Dear Mr. Cilimberg:
In our application to Amend the Service Authority Jurisdictional Areas dated July 1,
1999, we promised to amend the application with a report from a Geologist and a
Dowser. This correspondence conveys reports from Thomas M. Gathright, II,
Consulting Geologist and Robert R. Humphris, Dowser. These reports were
promised in our application on page 13~
I have been advised by David Hirschman that the next step could be a working
session with the Board of Supervisors where we could develop a working
relationship and address their concerns. This process seems much more productive
rather than a formal presentation at a Board meeting as openers
Would you initiate that session? The residents at Peacock Hill are anxious to move
the application forward as quickly as possible. "
Thanks again for your assistance, and those of your staff.
Sincerely,
William L. Hodson'
Chairman, Peacock Hill's Comprehensive Water Committee
cc: Cindy Perfater, Peacock Hill Manager
THOMAS M. GATHRIGHT, II
CONSULTING GEOLOGIST
P.O. BOX 297
BATESVILLE, VIRGINIA 22924-0297
TELEPHONE (540) 456-6462
August 8, 1999
William L. Hodson, Fache
797 Gilliams Mountain Road
Charlottesville, Virginia 22901
Dear Mr. Hodson, Fache,
! have prepared the following report on the geohydrology of Peacock Hills
subdivison and the surrounding area at your request. I used water well data compiled by
Dr. Nick Evans from files of the Department of Environmental Quality, the Department
of Health, and the Virginia Division of Mineral Resources. I have also compiled a
fracture-trace analysis of the Peacock Hills property and the adjacent properties from
black and white, stereo-pair, aerial photographs and from MSS (multi-spectral scanner)
satellite imagery. The bedrock geology was compiled from The Geology of Albemarle
County, Wilbur Nelson, 1959 and The Geology of The Mechums River Belt, personal
communication Christopher M. Bailey.
A field investigation was made by Dr. Evans and I to confirm the geologic
evidence presented in the two reports and to develop an understanding of the fracture
(joint) trends in the area.
Included in the report are a map defining the fracture traces in the total area, the
geologic bedrock distribution, and potential drilling sites that have a good potential for
acceptable groundwater yields, and a map of the Peacock Hills subdivision showing the
approximate locations of both the producing wells and the dry holes drilled for the
subdivision with superimposed fracture traces.
The report addresses the general geohydrology of the granitic terrain that Peacock
Hills is located on, the locations of significant fracture traces near Peacock Hills, and
flril~Ing recommendations for sites^near the subdivision that may be accessible.
Geohydrololly:
The Peacock Hills subdivision is underlain by granite and granite gneiss formally
of the Lovingston Formation. These rocks have no significant porosity or permeability
for storage or transmission of groundwater. Water wells drilled in these rocks must
encounter open water-filled fractures that receive adequate recharge to be productive.
The fractures are generally of two types; near vertical fractures (joints) that commonly
occur in two intersecting sets at large angles to each other, and sub-horizontal fractures
(release joints) that occur most commonly in the upper + 50 feet of bedrock.
For the fractures to be water-beating, they must be in a locally low topographic
position (valley, hollow, etc.) below the local water table and preferably below 25 feet of
saturated soil and weathered rock material. The saturated soil and weathered rock
material is critical as it provides the groundwater reservoir for the fractures because the
fractures have very little volume for groundwater storage.
Examination of the 40 water well records for Peacock Hills and the surrounding
area that is underlain by the granitic rocks shows that well depths range from 50 to 690
feet, initial yields range from 0 to 38 gallons per minute (gpm) and the median yield and
depth is 7.5 gpm and 205 feet respectively. Twenty percent of the yields are 3 gpm or
less and 20 percent, of the yields are 15 gpm or greater.
These data do not include the dry holes that are normally not reported and does
not address the accuracy problem with short term yield tests. Generally the long term
:yi~f~l of water wells drilled in fractured rocks is significantly less than those obtained
from the 30 minute to two hour tests commonly conducted. Fifty to 75 percent
reductions in yield are not uncommon after a few months of continuous use from wells
that have high initial yields. This condition indicates that the well site either lacks
storage capacity in the overburden or adequate size to the recharge area.
The Peacock Hills water system is supplied by six wells that were initially tested
at a rate of 38, 28, 17.5, 9, 18, and 12 gpm respectively for wells one through six (Figure
2). This is an aggregate initial yield of 122.5 gpm. A total of 14 wells were drilled to
obtain the six productive wells, eight wells being effectively dry holes.
The system is capable of supplying a demand of up to about 25,000 gpd (gallon
per day) but cannot maintain a supply of 31,000 gpd. A demand of 25,000 gpd is
equivalent to an effective aggregate yield of 17.36 gpm or 14 percent of the aggregate
initial yield. At 31,000 gpd, the wells cannot maintain an effective yield of 21.5 gpm or
17.6 pement of initial aggregate yield.
Assuming there is minimal water loss from the distribution system and that the
wells are being pumped on an efficient rotation, the above numbers highlight the low
groundwater potential of the Peacock Hills property. Additionally, the fourteen wells
drilled on the property have tested virtually all the sites that have any potential or that
could be drilled when health department restrictions are considered.
Statistically, to add 10 gpm to the long term production to the Peacock Hills water
system, eight additional wells averaging at least 500 feet in depth would have to be
drilled. Of these wells, three or four would be producing wells and four or five would be
dry holes. I do not believe eight drill hole sites are available considering site restrictions.
.... Annual groundwater recharge rates for the upper part of Peacock Hills where the
producing wells are located probably ranges between 50 and 100 million gallons. Annual
withdrawal rates from the six producing wells probably range up to 10 million gallons at
maximum pumping rates. This suggests that the effective recharge area for most of the
wells is small and that additional wells could be drilled without approaching annual
recharge rates.
Fracture trace and lineament study:
The generally negative aspects of granitic aquifers can be partially overcome by
finding zones of extensively fractured rock that can be intersected by drilling. Fractured
rock weathers more rapidly than unfractured rock and if fracture zones are linear, they
tend to form linear, topographically low features that are visible on topographic maps,
aerial photographs, and satelliTM imagery. Examination of these images suggests the
presence of two significant lineaments in the area. A major lineament parallels Broad Ax.
~reck from~State Road ~d crosses ~-6~ and Broad ^× Creek wit~ ~82. Both of these
lineament are in drainages that may be affected by runoff or groundwater migration from
the Albemarle County landfill.
Many shorter linear fractures are in and around Peacock Hills but they lack the
systematic orientation or the suggestion of a rectilinear Pattern that would connect them
genetically to a specific tectonic stress event. The accessible sites in Peacock Hills
provided by these linears have been drilled including the sites for five of the eight dry
holes.. Also, two of the producing wells were not drilled on suspected fractures. All this
indicates that the short (less than 2000 foot long) linears may not be very meaningful.
Examination of the property across State Road 708 and adjacent to Peacock Hills
pr6~berty two areas appear to have characteristics indicating a greater potential for
groundwater development than is available at Peacock Hills,
Field examination and fracture trace analysis verified the presence of a north
trending diabase dike on the property and a long parallel fracture trace in the drainage to
the east of the dike. The dike is about 800 feet east of the southeastern comer of Peacock
Hills and the fracture trace is about 500 feet east of the dike. Both features are positioned
to take advantage of a large recharge area unlike the well sites in Peacock Hill that are
close to the foot of Gilliam mountain.
The importance of these two features is their probable age. The dike is typical of
other Triassic or Jurassic dikes in Virginia which are much younger than the granitic
rocks they intrude. The dikes were intruded during a period of extensional (tensional)
faulting and commonly are accompanied by brittle fracturing in the adjacent bedrock.
The parallel fracture trace to the east of the dike may be a parallel fracture zone or fault
developed at the time the dike was intruded and may represent an extensive open fracture
system.
If drilling on the property east of State Road 708 is possible, the first site should
be located close to but upstream of the point where the stream crosses the dike. Drilling
depths should be less than 300 feet but if water is being encountered near that depth,
drillings should continue at least another 50 feet. Dr. Evans or I should be on site if a
&rill hole site is to be selected.
Recommendations:
There are four options available to a private water supply system.
:i')' '~)rill more wells on the property: Considering Healthy Department restriction there
may be several areas available for drilling even though those areas may not have the
theoretically best hydrogeologic characteristics for a well site. Geologists have a limited
number of tools to use in the search for water. It is always possible to find useable
supplies of water at unlikely sites but the probability is not great. Possibly deepening the
dry holes or drilling deeper wells near some of the dry holes where drilling can be
approved would provide useable quantities of water. As I have no information on the
depth of these wells this approach may be futile since they may already be very deep.
2) Drill very deep wells: There is very little data on wells deeper than about 500 feet.
We know there are fractures and faults that extend to great depths in the Blue Ridge
Complex which include the rock units at Peacock Hills. I am aware of open water-
beating fractures (200 gpm) as deep as 4,200 feet in a deep hole drilled in the Blue Ridge.
The probability of encountering such a fracture system within the drilling capabilities of
most drilling machines seems very small as most are limited to less than 1000 feet. Also,
we do not have any data that deep fracture systems are present below the property
although we know there are major faults less than two miles to the west. Those faults are
probably too old to be water-bearing.
3) Acquire additional property specifically for groundwater development: The potential
for groundwater development on the property across State Road 708 to the east of
Peacock Hills has already been addressed. Possibly a portion of that property large
enough to protect a well site located near the intersection of the diabase dike and the local
stream course can be obtained. Certainly an option to buy the property should be
acquired dependent on finding an adequate water supply.
4) R~vamp the existing water system if necessary: Many water systems, even those as
young as the Peacock'Hills System, may be experiencing devastating leaks or inefficient
pumping schedules. Water flow needs to be metered at the well head, at the input to
storage tanks, and at the points of consumption. If this is not done, leaks will go
undetected. Considering the disparity between the initial yield tests and the apparent
maximum production rates, there is a possibility of significant water loss in the system.
As I do not know how the system is monitored, this option may already be in place.
Of these options, I believe the one most likely to be successful is option three if
the property can be obtained. I am not optimistic about the other options.
I believe this report will answer some of your questions on groundwater
availability in the area and I will be glad to answer any other questions that I can.
Very truly yours,
Thomas M. Gathright II
!
!
I
I
I~ "l'd~ l~ 1Item w ~/,~x~ I~ ~n~7. ll~ on 70~ Mcoc~ HIll m ~.~ TW~ mimw M~ ww~.
21 20 /
ATTACHMENT D
A ibe ma nl~ Co u n ty La n ~1 U s e I~ia n
a rural subdivision density utilizing a central system exceed the density achievable with the
use of an independent system.
The County currently follows the procedure outlined in the County Code for permitting a
central sewer facility and requires Board of Supervisors' approval. As with central water
system% the ACSA discourages County approval central sewer systems in the Rural Area due
to the potential of the Authority having to take over the system. Any new system that may
be approved shall be built to ACSA standards.
Recorn rn endation s.
New central sewer systems in the Rural Area shall be strongly discouraged except to
address health and safety problems.
Any new system approved must meet ACSA standards and not allow residential densities
to increase beyond that density achievable under individual on-site facilities.
Defining Public Water and . ewer . ervice Areae
Public water and sewer facilities are defined as facilities capable of serving the entire
Development area boundary. PuNic water and sewer are to be actively used by the County
as an incentive for growth and, as such, should be provided in all classifications of
Development Areas. Conversely, such utilities are not provided in the Rural Area, as these
services can increase development pressures.
Water and sewer service jurisdictional areas provide the implementing measure for directing
utilities according to the land use plan and overall growth management policies. They also
permit these services to be provided in a m~nner which can be supported by the utility's
physical and financial capabilities. The jurisdictional areas are those portions of the County
that can be served by water and/or sewer service and generally follow the Development Area
boundaries. Delineation and adoption of utility project jurisdictional areas by a local
governing body is provided in Title 15:1-1247 of the Code of Virginia.
124
A Ib~ ma nl~ County /.a nd U~ ~ Plan
.Re¢o m mendation s
Provide public water and sewer only to areas within the ACSA jurisdictional area.
Follow the boundaries of the designated Development Areas in delineating jurisdictional
Only allow changes in jurisdictional areas outside of designated Development Areas in
cases where the property is: (1) adjacent to existing lines; and (2) public health and/or
safety is in danger.
Prohibit access to the Crozet Interceptor between the boundary of the Crozet
Community and the Urban Area.
Prohibit the installation of private central water and/or sewer systems in the Urban
Neighborhoods, Communities and Villages.
Water and , ewer Planning
Water and sewer facilities are essential if the urban densities recommended in the land use
plan are to be realize& Available water supply and wastewater treatment capacities can limit
the ultimate number of connections which can be made to either system. More important to
the effective use of these capacities for future growth is the strategic location and sizing of
necessary water storage facilities, water distribution, and wastewater collection lines. The
provision of water with adequate pressure to support necessary fire flows is equally
important. Coordination of utilities and land use planning also requires the provision of
utilities where they are needed, and policies to ensure that Development Area densities and
areas designated are appropriate.
To ensure effective planning efforts between the County, City, UVA, ACSA and RWSA, the
Master Water and Sewer Study has been prepared. In this study, both short and long term
projected water and wastewater needs for the existing Development Area boundaries and
possible future expansion areas are analyzed..Also, based on these projections, the needed
water and sewer facility improvements to meet the future demand of the service area are
outlined.
125
President
Wanda C. Wingo
Botetourt County
President-Elect
Ferris M. Belman, Sr.
Stafford County
First Vice President
Jackson T. Ward
Hanover County
Second Vice President
Gerald W. Hyland
Fairfax County
Secretary-Treasurer
Raymond F. Alsop
King and Queen County
Immediate Past President
Charles W. Curry
Augusta County
Executive Director
James D. Campbell, CAE
General Counsel
C. Flippo Hicks
1001 East Broad Street
Suite LL 20
Richmond, Virginia
23219-1928
(804) 788-6652
FAX (804) 788-0083
E-mail: VACo95@aol.com
Web site: www.vaco.org
VIRGINIA ASSOCIATION OF COUNTIES
TO:
Chairs, County Board of Supervisors
County Chief Administrative Officers
CONNECTING COUNTY GOVERNMENTS SINCE 1934
FR OM: James D. Campbell, Executive Director
RE:
Voting Credentials for the Annual Business Meeting
DA TE: September 23, 1999
The 1999 Annual Business Meeting of the Virginia Association of CoUnties will
be held on Tuesday, November 9, from 10:30 a.m. to Noon at The Homestead in Bath
County.
Article VI of the VACo Constitution states that each county shall designate a
representative of its board of supervisors to cast its vote(s) at the Annual Business
Meeting. However, if a member of the board of superVisors cannot be present for this
meeting, the Association's Constitution does allow a county to designate a non,elected
official from your county or a member of a board of supervisors from another county to
cast a proxy vote(s) for your county.
For your county to be certified to vote at the Annual Business Meeting, your
annual, dues must be paid in full and either a completed Voting Credentials Form or a
Proxy Statement (attached) must be submitted to VACo by November 1, 1999.:
Alternatively, this information may be submitted to the Credentials Committee at its
meeting on Monday, November 8, at 4:30 p.m. in the Monroe Room or to the
conference registration desk before this meeting.
NOMINATING COMMITTEE
The Nominating Committee will meet at4:45 p.m. in the Wilson Room on
Monday, November 8th during VACo's Annual Conference at the Homestead. The
committee is charged to nominate a candidate for President-Elect, First Vice President,
Second Vice President, and Secretary-Treasurer to be elected at the Annual Business
Meeting. Please send your expressions of interest and nominations to the Committee or
to VACo's Executive Director.
REGIONAL DIRECrORS
Pursuant to VACo's By-Laws, "regional directors shall be selected at the Annual
Meeting by the member counties located within the region which the director will
represent." Regional caucuses will be scheduled during the Annual Meeting to Select
directors. Incumbent regional directors should chair the caucuses. Reports should be
given to VACo's Executive Director by 6:00 p.m. on Monday, November 8th. The
attached list shows the regional directors that must be selected.
JDC:bjp
Attachments
cc: VACo Board of Directors
Nominations Committee
Voting Delegate:
(Supervisor)
Name
Title
Locality.
Alternate Delegate:
(Supervisor)
Name
Title
Locality
Certified by:
(Clerk of the Board)
Name
Title
Locality
VACo 1999 A,nnual Meeting
Voting Credentials Form
Charlotte Y. Humphris
Supervisor - Jack Jouett District
Albemarle County, Virginia
David P. Bowerman
Supervisor - Rio Dist'rict
Albemarle County, Virginia
Ella Washington-Carey
Clerk, Board of Supervisors
Albemarle County, Virginia
VACo 1999 Annual Meeting
Proxy Statement
County authorizes the following person to cast its vote at the 1999
Annual Meeting of the Virg~ma Association of Counties on November 9, 1999.
.... a non-elected official of this county.
-OR-
a supervisor from
County.
This authorization is:
Uninstructed. The proxy may use his/her discretion to cast
votes on any issue to come before the annual meeting.
County's
Instructed. The proxy is limited in how he/she may cast County's votes.
The issues on which he/she may cast those votes and how he/she should vote are:
(List issues and instructions on the back of this form}
Certified by: Name
Title
Locality
David P. Bowerrnan
Charlotte Y. Humphris
Jad( Jou~tt
Forrest R. Marshaff, Jr.
October 18, 1999
CO~ OF Al REMARI _F
Office of Board of Supervisors
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5843 FAX (804) 296-5800
Charles S. Martin
Walter E Perkins
Sall~ H. Thomas
Samuel ~
Mr. James D. Campbell, Executive Director
Virginia Association of Counties
1001 East Broad Street
Suite LL20
Richmond, VA 23219-1928
Dear Mr. Campbell:
Please find attached the VACo 1999 Annual Meeting Voting Credentials Form for
Albemarle County. Should you have any questions, I can be reached at (804)296-5843. Thank
yOU.
Attachment
Sincerely,
Laurel A. Bentley ,,/
Senior Deputy Clerk
Printed on recFcled paper
Regional Directors to be selected in 1999
We need a director from
Term to Expire
Incumbent
Region 1
1999
Benne~
Region 3
1999
Warren
Region 3
1999
Klotz
Region 5
1999
Kyger
Region 7
1999
Carter
Region 8
1999
Caddigan
Region 8
1999
Barg
Region 8
1999
Gross
Region 8
1999
Mendelsohn
Region 10
1999
Dalton
Region 12 1999 Hensley
AUGUST 6, 1999
CLOSED SESSION MOTION
I move that the board go into closed session
pursuant to section 2.1-344(a) of the Code of Virginia
Under subsection (1) to consider appointments to
boards and commissions;
Under subsection (3) to consider the acquisition of
property for school sites and other public uses;
and
Under subsection (7) to consult with legal counsel
and staff regarding pending litigation relating to the
Ivy Landfill and regarding specific legal matters
relating to two interjurisdictional agreements.
COUNTY OF ALBEMARLE
MEMORANDUM
TO:
FROM:
DATE:
RE:
Members of the Board of Supervisors
Laurie Hall, Senior Deputy Clerk Ill
Vacancies on Boards and Commissions
I have attached the updated list of vacancies on boards and commissions through
December 31, 1999. Unless you indicate that you would either like to reappoint the same
person, if eligible, or select your own magisterial appointment without advertising, these
vacancies will be advertised in the Daily Progress on October 10 and 17. Applications for new
vacancies, which will then be due no later than November 17, will be forwarded to you at the
Board meeting on DeCember 1, 1999.
cc: Bob Tucker Larry Davis
Ch'ville Regional Chamber of Commerce
BOARD OR COMMISSION
NEW TERM
MEMBER TERM EXPIRES EXPIRES
WISH TO BE
RE-
APPOINTED?
MAGISTERIAL
APPOINTMENT?
David E. Krohn
12/01/99
12/01/03
Yes
Tracy Corea 12/31/99 12/31/00 Yes Rivanna
George R. Larie 12/31/99 12/31/00 Yes Jack Jouett
Albert O. Humbertson, Jr. 12/31/99 12/31/00 Yes White Hall
James E. Clark, Jr. 12/31/99 12/31/00 Yes Scottsville
Michael G. Stewart 12/31/99 12/31/00 Yes Rio
W. Ivar Mawyer 12/31/99 12/31/00 Samuel Miller
Eric J. Strucko 12/31/99 12/31/03 Yes
Michael Gaffney 12/31/99 12/31/03 No
Jenny Greenwood 12/31/99 12/31/03 Yes
Peter G. Hallock 12/31/99 12/31/03 ?
Ronald N. Whitener 12/31/99 12/31/03 Yes
C. Jared Lowenstein
William J. Nitchmann
12/31/99
12/31/99
12/31/01
12/31/03
Yes
No
At-large
Scottsville
Hilda R. Lee-Washington 12/31/99 12/31/03 Yes Rivanna
William W. Finley 12/31/99 12/31/03 Yes White Hall
Edwin L. Strange 12/31/99 12/31/01 Not eligible
On 9/20/99 the City appointed her as
the joint City/County representative.
Please do the same.
Lisa Briskey
Karen L. Powell
Donna Marshall
Martha Harris
12/31/99 I 12/31/01
12/31/99 12/31/03
12/31/99 12/31/03
12/3 ~9t) ](2~31/03
Yes
Yes Rivanna
Yes Scottsville
No White Hall
Elizabeth lsley
11/03/01 N/A No
David P. Bowerman
Charlotte Y. Humph~
Forrest R. Marshall, Jr.
COUNTY OF ALBEMAI~I
Office of Board of Supervisors
401 Mclnt~re Road
· Charlottesville, Virginia 22902-4596
(804) 296-5843 FAX (804) 296-5800
Chad~ S. Martin
Walter F. Perkim
Sally H. Thomas
October 19, 1999
Mr. George R. Larie
107 Tally Ho Dr.
Charlottesville, VA 22901
Dear Mr. Larie:
At the Board of Supervisors meeting held on October 6, 1999, you were reappointed as
the Jack Jouett representative to the Equalization Board, with said term to begin on
January 1, 2000 and to expire on December 31, 2000. I have enclosed an updated roster for your
convenience.
On behalf of the Board, I would like to take this opportunity to express the Board's
appreciation for your willingness to continue to serve the County in this capacity.
Sincerely,
Charles S. Martin
Chairman
CSM/lab
Enclosure
cc: James L. Camblos, III
Larry Davis
Bruce Woodzell
Printed on recycled paper
David P. Bowerman
Charlotte Y. Humphris
JA Jouett
Forrest Ri Marshall, Jr.
COUNTY OF Al REMARI _F
Office of Board of Supervisors
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5843 FAX (804) 296-5800
Charles S. Martin
Sally H, Thomas
October 19, 1999
Ms. Lisa Briskey
407 Broad Ax Rd.
Charlottesville, VA
22903
Dear Ms. Briskey:
At the Board of Supervisors meeting held on October 6, 1999, the Board appointed you
as the joint City/County representative and Chair of the Rivam~a Solid Waste Authority Citizens
Advisory Committee, with said term effective January 1, 2000 and to expire
December 31, 2001. (The City took the same action on September 20, 1999.) I have enclosed a
copy of the committee roster for your assi stance.
On behalf of the Board, I would like to take this opportunity to express the Board's
appreciation for your willingness to serve the County in this capacity.
Sincerely,
Charles S. Martin
Chairman
CSM/lbh
Enclosure
CC:
James Camblos
Larry Davis
Art Petrini
Printed on recycled paper
David R Bowerman
Cha~otte Y. Humphris
Formst R. Marshall, Jr.
COUNTY OF Al REMAIql F.
Office of Board of Supervisors
401 Mdntire Road
Charlottesville, V'n~ginia 22902-4596
(804) 296-5843 FAX (804) 296-5800
Charles S. Martin
Walter E Perkins
Sally H. Thomas
Samuel Mille~'
October 19, 1999
Mr. David E. Krohn
2121 Wingfield Rd.
Charlottesville, VA 22901
Dear Mr. Krohn:
At the Board of Supervisors meeting held on October 6, 1999, you were reappointed to
the Joint Airport Commission, with said term to begin on December 2, 1999 and to expire on
December 1, 2003. I have enclosed an updated roster for your convenience.
On behalf of the Board, I would like to take this opportunity to express the Board's
appreciation for your willingness to continue to serve the County in this capacity.
Sincerely,
Charles S. Martin
Chairman
CSM/lab
Enclosure
cc: James L. Camblos, III
Larry Davis
Bryan Elliott
Jeanne Cox
Printed on recycled paper
David P. Bowerman
Charlot~ Y. Humphris
Jack JoueU
Forrest iR. Marshall, Jr.
COUNTY OF ALB~I_f.
Office of Board of Supervisors
401 Mclnfire Road
Charlottesville, Vh'ginia 22902-4,596
(804) 296-5843 FAX (804) 296-5800
Charl~ S. Martin
Walt~r E P*rkins
Sally H. Thomas
October 19, 1999
Mr. W. Ivar Mawyer
P.O. Box 60
North Garden, VA 22959
Dear Mr. Mawyer:
At the Board of Supervisors meeting held on October 6, 1999, you were reappointed as
the Samuel Miller representative to the Equalization Board, with said term to begin on January 1,
2000 and to expire on December 31, 2000. I have enclosed an updated roster for your
convenience.
On behalf of the Board, I would like to take this opportunity to express the Board's
appreciation for your willingness to continue to serve the County in this capacity.
Sincerely,
Charles S. Martin
Chairman
CSM/lab
Enclosure
cc: James L. Camblos, III
Larry Davis
Bruce Woodzell
Printed on recycled paper
David P. Bowerman
Charlotte Y. Humphris
Jaak JouSt
Fom~ R. Marshal, Jr.
COUNTY OF
Office of Board of Supervisors
401 McIntire Road
Charlottesville, V'~ginia 22902-4596
(804) 296-5843 FAX (804) 296-5800
Charles S. Martin
Walter E FL, rkim
,%11~ H. Thomas
October 19, 1999
Mr. Michael G. Stewart
5 Lake Forest Dr.
Charlottesville, VA 22901
Dear Mr. Stewart:
At the Board of Supervisors meeting held on October 6, 1999, you were reappointed as
the Rio representative to the Equalization Board, with said term to begin on January 1, 2000 and
to expire on December 31, 2000. I have enclosed an updated roster for your convenience.
On behalf of the Board, I would like to take this opportunity to express the Board's
appreciation for your willingness to continue to serve the County in this capacity.
Sincerely,
Charles S. Martin
Chairman
CSM/lab
Enclosure
cc: James L. Camblos, III
Larry Davis
Brace Woodzell
Printed on recycled paper
David P. Bowerman
Charlotte Y. Humph~
F-orre~t R. Marshal, Jr.
COUNTY OF AtREMARI_~
Office of Board of Supervisors
401 Mclntim Road
Charlottesville, V'mginia 229024596
(804) 296-5843 FAX (804) 296-5800
Chades $. Martin
Walter F.. Perkins
White Hall
Sally H, Thomas
Samu~ Iv~.,n~r
October 19, 1999
Mr. Terence Y. Sieg
P.O. Box 4000
Charlottesville, VA 22903
Dear Mr. Sieg:
At the Board of Supervisors meeting held on October 6, 1999, you were reappointed to
the Public Recreational Facilities Authority, with said term to begin on January 1, 2000 and to
expire on December 31, 2002. I have enclosed an updated roster for your convenience.
On behalf of the Board, I would like to take this opportunity to express the Board's
appreciation for your willingness to continue to serve the County in this capacity.
Sincerely,
Charles S. Martin
Chairman
CSM/lab
Enclosure
cc: James L. Camblos, III
Larry Davis
Wayne Cilimberg
Printed on recycled paper
Slide ~. Access Management Route 29 North Corridor
Thank you
introduction
Slide 2 Virginia Department of Transportation
The Virginia Department of Transportation, through its planning,
engineering, construction and maintenance activities, works to ensure that
the transportation system of Virginia serves the needs of the
Commonwealth and strikes an appropriate balance between the competing
needs of its users. Over the last 50 years, Virginia has experienced
tremendous traffic growth and land development along its state highway
system. ]:n many areas, this growth has exceeded the systems capacity,
even with the enormous federal and state investments to improve existing
highways and construct new ones. As development along these highways
has exploded, the conflict between traffic or mobility, and adjoining access
has intensified.
Slide 3 Mobility Vs, Access
One key and overriding concept in transportation planning and engineering
is this relationship between mobility and access.
Mobility refers to the ability to travel through an area. Maximum mobility is
achieved when travel time is lowest and riding comfort is highest. When
you take a relatively long trip, for example from Charlottesville to Virginia
Beach, you are most interested in mobility, or making your trip as quickly,
safely and comfortable as possible.
Access on the other hand refers to your ability to get to properties and to
enter and exit these properties. When you go shopping or to work, you
want convenient access to your destination.
Slide 4 Mobility Vs, Access
Mobility and access functions at times seem to be at opposite ends of the
spectrum. High mobility requires Iow levels of access, while increasing
access results in lower mobility.
Too many access points along the road decreases mobility, because
entering and exiting traffic interferes with the movement of through traffic.
Restricting access points improves mobility, but may require better
planning for any development and access to it. Every road carries a mix of
traffic that seeks either improved mobility or improved access. When you
hear that a road is carrying a mix of local and through traffic, as the Route
29 North Corridor does, and that this mix creates traffic flow and safety
problems, you are witnessing an example of conflicting demands of
mobility and access.
Slide 5 Full Signalized Intersection
A full movement intersection like the one you see here, or the intersection
at Route 29 and Hydraulic Road can have as many as 32 conflict points.
Slide 6 T ~ Intersection
A typical T- Intersection has a total of 11 conflict points and
Slide 7 Right in/Right out Access
an intersection with right-in/right-out entrance and no x-over access has
only 2 conflict points. Since every access point along a corridor has the
potential to disrupt and does disrupt traffic and mobility, access
management seeks to balance the need for access with the desire for
efficient traffic flow.
As you can see from the previous photos, conflict points multiply with each
additional access and drivers must, in turn, respond to that conflict. A
series of driveways or business entrances spaced very close together could
confront a driver with a rapid-fire number of conflict points. Such a
combination of conflict points makes maneuvering through a heavily
developed corridor a confusing and sometimes dangerous experience for
drivers, cyclist and pedestrians. We experience this when we exit our
driveways or businesses each day.
Striking the right balance between access and mobility in order to have a
safe and efficient transportation system is one of the key challenges that
VDOT faces in the planning and engineering of new roadways and
improving existing ones. The ability to find a balance between land
development plans and the preservation of the functional integrity of the
roadway that serves the development of the region is also a challenge
shared by VDOT and local governments.
Slide 8 Access Management
Having defined access and mobility, exactly what is Access Management.
Access Management is managing, and planning the spacing and design
of driveways, median openings, traffic signals and interchanges.
Slide 9 Goals of Access Management
Some of the goals of Access management are to:
· :Improve safety by decreasing accident rates
· Reduce congestion by using the existing roadway network more
efficiently
· Maintain desirable speeds along arterial roadways
Slide ~1.0 Goals of Access Management
· Reduce interference with through traffic due to turns in and out of a site
· Optimize highway function, the functional life of the roadway and land
use
· Provide sufficient spacing between at-grade intersections
Slide 11 Benefits of Access Management
Some of the benefits that are associated with Access Management are;
· Fewer accidents - reduces crashes by as much as 50%
· Reduced congestion
· Shorter travel times - reduces travel time by 40% - 60%
Slide 12 Benefits of Access Management
· Reduced air pollution
· Reduced need for widening and/or new construction
· Protects investment in abutting property
· Extends functional life of the roadway
Extending the functional life of the roadway is extremely important. The
cost of new roadway improvements is constantly increasing and it is very
important to utilize Access Management strategies to prolong the functional
life of the existing roadway as well as consider it when new roadways are
planned. Access Management can prolong the functional life of roadways
by maintaining or increasing capacity, thereby reducing the need for new
construction to meet increasing system demands.
Slide :1.3 Levels of Service
We use Level of Service as a way of measuring operating conditions and
congestion throughout the network. This measure of operations can be
described by the following factors:
· Speed and travel time
· Freedom to maneuver
· Comfort and convenience
· ]:nterruptions
· Safety
Slide :[4 Levels of Service
We label these conditions as Level of Service A through Level of Service F.
Level of service A being free flow conditions and level of service F being
forced or break, down flow. Most of the roadways are designed to a Level
of Service C, with the exception of some of the more urban areas where a
level of service D or E may be acceptable during peak, times.
Preservation of the through traffic function of Route 29 north will save the
cost and environmental impacts of having to later build additional facilities
for through traffic. Route 29 is a major connector route to/from
Charlottesville and this function is anticipated to grow based on major
development proposed in this area and in areas north and south of
Charlottesville.
Slide :[5 Albemarle County Access Points Summary
Over the 2.5 mile section of Route 29 from Route 643 (Polo Grounds Road)
to Route 649 (Airport Road) there are 35 access breaks (both sides of the
road including roadways and driveways) for just under 7 access points per
roadway mile. Most of the property adjacent to this 2.5 miles is
undeveloped, but there is indication that there is substantial development
pressure within this area.
Within the Route 29 north study area from the South Fork of the Rivanna
River bridge to just north of Airport Road, traffic operations will degrade to
a level of service D by the year 2000 even with the implementation of
projects currently programmed within the corridor. Adding a third travel
lane in each direction on mainline Route 29, as well as associated
intersection improvements, will allow adequate levels of service in the
corridor until 2012. With the use of grade separation of the Route 29
intersections at Hollymeade Drive and Timberwood Boulevard, traffic would
operate at a level of service C or better through 2022.
By implementing access management strategies of eliminating business
access points and driveways off of the existing corridor, and allowing
access only at signalized intersections or interchanges at Ashwood
Boulevard, Hollymeade Drive, Timberwood Boulevard and Airport Road,
adequate mainline level of service would be maintained until 2036. As you
can see from this information the implementation of access management
strategies will extend the. functional life of the existing corridor from 2012
until 2036.
Slide ].6 Key Players in Access Management
So, who are the key players in Access Management, and how can Access
Management be implemented? The key players involved in making the
decisions on managing access are:
· City/county Planners and Engineers
· County Economic Development Staff
· VDOT
· Citizens
· Local Elected Officials
Slide 17 Things to Consider
With public and local government input, VDOT's planning process seeks to
determine which approach to access management and transportation
improvements provides the best solution for the transportation needs of
the community, the entire state, and to some extent, the country. ]:n
determining the best solutions, there are many things that need to be
considered:
· Recognize the competing demands of all of the users
· Recognize both long and short term goals
· Study roadway in context of a regional transportation system
· Recognize current degree of development and future land use plans
· Identify limitations of space, time, funding and politics
You also need to look at operational issues such as roadway geometry
(sight distance, median width etc.), types of land uses and trip making
characteristics and driver expectations such as roadway types on either
end of the study segment also need to be addressed.
Slide 18 ]:mpfementation
Once the key players have been identified and the important issues have
been addressed, how can access management then be implemented?
· Roadway ]:mprovements
~ Widening
~ ]:ntersection upgrades
~ Construct new lanes
Slide t9 Implementation
· Permitting ~ New Developments
~ Expanded Developments
Slide 20 Implementation
· Development of approval process in cooperation with local governments ~ Site plan review
~ ]:mproved subdivision and zoning regulations
Slide 21 Implementation
~ Encourage joint access/cross access (shared entrances)
Citizens often suggest t° VDOT at public meetings that control of access
and control of growth in land use are more appropriate for addressing the
traffic and Safety problems in their community than constructing a new
facility. ]:n terms of environmental, social and cost impacts, this is often
true, particularly in the short term. However in terms of support from the
business community and local government, ability to be implemented
within a reasonable time frame, and the need to address longer-term
traffic and safety concerns, this approach may not be as realistic.
keeping with it's mission of providing efficient and safe travel in the
Commonwealth, VDOT needs to develop realistic, implementable solutions.
Slide 22 Thank You
In conclusion, through traffic on Route 29 is a major issue in central
Virginia. Route 29 is a major north-south highway, connecting
manufacturing areas in south central Virginia to markets in the northeast.
Route 29 also serves as a major portion of the local transportation
network, getting people to school, shopping, work and recreational
activities every day.
It is my hope that we can continue to work together to identify and
implement access management strategies for the Route 29 North corridor.
In doing so, you will be able to continue to work with developers and
planners to bring new growth and industry to this vital and fast growing
portion of central Virginia, while maintaining the mobility of the Route 29
corridor.
10
Virginia Department of Transportation
~tannin~ ~ Enghq~ng
Consm;ction ? M~ ncc
Mobility Vs. Access
Mobility refers to the ability to travel
through an area. Maximum mobility is
achieved when travel time is lowest and
dding comfort is highest.
Access on the other hand refers to'your
ability to get to properties and to enter
and exit these properties.
Mobility Vs. Access
High mobility
requires [o~¥ l~vcts
of across
T-Intersection
Typical T - [n~
Right in fRight out AcceSs
Access Management
Access Management is managing, and
planning the spacing and design of
driveways, median openings, traffic signals
and interchanges.
Access Management can
save time and money
Goals of Access Management
Improve safety by decreasing accident
Reduce congestion by using the
existing roadway network more
efficiently
Maintain desirable speeds along arterial
roadways
Goals of Access Management
Reduce interference with through traffic
due to turns into and out of a site
Optimize highway function, the functional
life of the roadway and land use
[:~-ovk~e sufficient spacing between at-
grade intersections
Benefits of Access Management
Fewer accklents - reduces crashes by as much as 50%
RedUCed congestion
Shorter travel times - reduces travel
time by 40% - 60%
Benefits of Access Management
Reduced air pollution
Reduced need for widening and
construction
Protects investment in abutting
Extends functional life of the roadway
2
Levels of Service
Levels of Service
LOS A - Free flow conditions
LOS B - Stable flow
LOS C - Most armlysis designed at this Iovel
LOS D - I-Iigh deusi~', buI .stable flow
LOS E -Operating at or near capacity.
LOS F- Forced or breakdoxm flow
Route 29 North- Albemarle County
Access Points Summao'
Key Players in Access
' .Man~ge.m~nt .....................................
Cit~/Coun~ Planners and Enoineers
County Economic Development Staff
YDOT
C~ens
Local Elected
Thin~ to Consider .....
Recognize the ,competing demands of all of
the users
Recognize both tong and short term goals
Study roadway in context of a regional
transportation system
current degree of development
and future ]and use plans
Identify limitations of space, time, funding
and politics
Implementation
Roadway Improvements
:>.Widening
>Intersection upgrades
>Construct new lanes
Implementation
~ of approval process in
cooperat~n ~ local govemments
>Improved subdivisDn arid zoning
Implementation
Business A Business B
Shared Entrance to
· mainline Roadway
4
Date:
.lie Cl%t M§rs 0lc Fax:804-970-3;890 Oct 4 '99
Fax Tr smis'sion
".,.. ,~... "' _." No,.., ,' oi, pages lncl, this one:
11:45
Jeanne Cox, Clerk. o! City Council
P,,01
If. you do not receive all .pages, p! .eC~e cont.a, ct:
, '. City of Charlottemdlle
P. O. Box 911
C'"harlottes-cille, Va, 22902
" (1804) 970-3113/(804) 970-3890 (faX)
City Hgrs 0¢c Fmx:804-970-5890 Oct 5 '99 11:00 P. 02
RESOLUTION
WHEREAS, the City of Charlottesville strives to ensure every citizen a full
and fair opportunity for the highest quality education possible; and
WHEREAS, the Oity of Charlottesville highly values the University of
Virginia as the Commonwealth's capstone institution of higl~er learning; and
WHEREAS, the City of Charlottesville recognizes and lauds the
achievements of the University of Virginia in providing national leadership in
education, retention, and graduation rates of African-American students; and
WHEREAS, the City of Charlottesville supports the principle of committed
action to recruit, retain, and enhance opportunities for higher education for all
students including African-Americans; and
WHEREAS, the City of Charlottesville appreciates the positive benefits of
racial diversity; and
WHEREAS, the University's current race sensitive admissions process
strengthens the City of Charlottesville, and our opportunities for Io~al youth,
recruitment of teachers and city employees, cultural richness and positive
national recognition, as well as in our efforts towards better human' relations; and
WHEREAS, the City of Charlottesville discourages any policy change that
will deter or limit the high level of success of diversity efforts by the University of
Virginia;
NOW, THEREFORE, the City Council of the City of Charlottesville strongly
urges the University of Virginia to maintain its aalmissions policy which includes
race as factor, and which enrolls students who are broadly representative of
cultural, racial, and ethnic diversity of our community, state, and nation.
Approved by Council
October 4, 1999
(~,le~k of City Council
City o~ Ch~lottesville
Meredith ~. Ricl~ard~
Albemarle Cottuty
W~lter E
~m~ E. Payee
~affo~ ~.
Grebe
Kenneth Law~o~
Phitlip ~
Lo~a
Fitz~mld A, Bam~
Nelson Coun~
Hazy S. Ha~i~
Fred 8oge~, Cha~
Nar~¢y K, O'~rlen
, TJPDC Fax:804-9791597 Oct 5 1999 12:55 P. O1
Thomas Jefferson Planning District Commission
300 East Main Street, 1st Fl. Mall Entrance
PO Box 1505, Charlottesville VA 22902-1505
(804) 979-FD10_,(7310) ,~ FAX (804) 979-1597
L~
FROM:
Nancy K, O'Brlen, Executive Director
Hannah Twaddell, Assistant Director
William Wanner, Assistant Director
Brace Carveth, Criminal Justice Planner
Da,,~ Roberts, Planning Technicia~
Tina Sherman, Ridesharo CoOrdinator
Ann Baker Fren¢ix, Rideshare Assi~tat~t
BOARD OF SUPERVISORS
Aleatha Oaylord, Fiscal Officer
David Blouut, l_~gislatiw Liaison
RoChelle Garwocd, Environmental Planner
Trina Mayo, Administrative Assistant
Janet Dob, Micrcloan Director
Billie Campbell, Executive Assisu~nt _-
COMMENTS:~ ,
Total pages' of fax (including cove' sheet):
~'~ An}. problems regardiog receipt of this fax, please call (804) 979-7310. Thank you.(~
E-Mail: tjpd@state.va:us ~ Web Site: http: //a_v_enue.org/tj.'pdF
Virginia Relay Cen .~ (800) 828-1120 (TDD)
TJPDC Fax:804-9791597 Oct 5 1999 12:47 P, 01
Thomas Jefferson Planning District Commission
300 East Main Street, 1st Fl. Mall Entrance
PO Box 1505, Charlottesville VA 112902-1505
(804) 979-PD10 (7310) · FAX (804) 979-1~597
TO:
Robert Tucker, Albemarle County
Gary O'Conr~ell, City of Charlottesville
Dean BcLcr, Fluvanna County
Julius Morris, Orccnc County
JeffLunsford/Dermis $p~ks, Louisa County
FROM:
DATE:
RE:
Hannah Twaddell, Assistant Director
October 4, 1999
Advisory Committee for Eastern Planning Initiative
I am writin8 to request appointments from your localities for representatives ~o serve on the
Advisory Committee for the Jefferson Area Eastern PI~, Initiative. Enclosed is a brief
description of the project and the committee; I would be happy to send you more detailed'
information upon request. The complcie project description is also available on oUr
website.
The Plarming District Commission has recommended that each locality appoint one
planning commissioner and one citizen at lar.ee who has an interest in tmusportation and/or
community development and design. The committee will also include representatives and
t~hnical advi~ors from a variety of government a.nd community orgmiz~tiom.
We anticipate holding the first committee mecting in early December, 1999, atter which thc
committee will meet no more than monthly until the close of thc pwject in Suly, 2001.
Please forward me, by mail, fax, cma/l, or phone, the names of your represenlatives by,.
Friday November 12. 1999.
We are very excited to be embarking upon this pwject and hope it will provide yoUr
localities with useful tools and recomm~ndatiom to support transportation and land usc
plan,lng. Feel free to contact me at a~y time at (804) 979-3710 or by email at
htwaddell.tjpd~state.va, us with questions or comments about the project.
B-Maih tjpd~state.va,us ~ Web Site: http://aYenue.o_rg/tjpdc
Virginia Relay Center (800) 828-1120 CrDD)
TJPDC Fax:804-9791597 Oct 5 1999 12:47 P, 02
Thomas Jefferson Planning District Commission
300 gaat Main Street. 1st Fl. Mall Entrance
PO Box 1505, Charlottevdlle VA 22902-1505
(804) 979-PD10 (7310) 4. FAX (804) 979-1597
FOR IMMI~DIATB RELEASE Friday lune 18, 1999
Contact: Nancy, Itl. O'Brien, Executive Director; Hannah Twaddell, Senior Planner
REGIONAL AGENCY PLANS FOR TRANSPORTATION AND LAND DF, SIGN
The Thomas lefferson Planning District is one of 35 communities recently selected to
participate in a new national program promofillg inn_ovative lransportation and land design. Of
$13.2 million awarded qationwid¢ from the federal Transportation and Community and
System Preservation (TCSP) pwgram, the Thomas lefferson Planning District Connnission
(TJPDC) received $~17,000 to involve m'ea residents in creating Iransportation and land desisn
strategies for thc rapidly growin$ eastern areas of the Plannin~ District and to develop an
interactive compute~ mod~l wtfich helps planners compare possible scmtan'os.
The Jefferson Area Eastern Planning Initiative study area includes thc eastern half of C~reene
and Albemarle Counties, the City of Charlottesville, and all of Fluva--s and Louisa Counties.
The two,year project will bc o~rcrscert by a citizens advisory comlr~ittee and ~ by a team
from the TYPDC, the Charlottesvill~Albemarle Metropolitan Plannin~ Organization (MPO),
the University o£Vir~:0ia (UVA) School of Architecture, the Design Resources Cente~ at the
IoWA Institute for Sustainable Design, and conmfltants in traffic modeling, land design
plamfing, attd facilitation. The VA Dept. of Rail and Public Transportation, VDOT and the
US Dept. of Transportation will also participate.
"We're very excited to be stsrting this project at this lime." said TIPDC Senior Planner
Hannah Twaddell. "It builds upon a lot of local and regional planning done over the past
several years, taking the concepts a step closer to reality. Area residents want more transit.
rail, bicycling and walking options, but these must be linked to land design in order to work.
Meanwhile, local gov~m,anents want to protect our environment while encouraging a healthy
economy. A variety of accessible transportation is a key element of this goal."
"Our community is growing fa,si," added Twaddell, "but we still have time to plan ways to
avoid traffic congestion, pollution, and other problems. Long-term strategies for integrated
transportation and land design will provide decision-making tools for local, governments and
VDOT.as they update local, regional and statewide plans."
More information about the Eastern PNnni~ Initiative and the TCSP program is posted on
the PDC website at www. avenue.org/tjpdc. Local residents are encouraged to contact the PDC
at 979-7310 or email tjpd~_.,stat¢.va, us for more information.
E-Mail: rjpd@state.va, us *~ Web Site: h,ttp://.aveatte,orff~pdc
V'~rginia Relay Center (800) 828-1120 CrDD)
TJPDC Fax=804-9791597 Oct 5 1999 12:47 P.:O$
Thomas Jefferson Planning District CommisSion
300 East Main Street, Ist FI. Mall Entrance
PO Box 1505, Charlottesville VA 22902-1505
(804) 979-PD10 (7310) ,l, FAX (804) 979-1597
$cffcrson Area F, astern Planning Initiative Advisory Committee
Committee Description~ Updated October 1, 1999
Committee Membership:
· One representative each from tho attached list of pub]Lie and lx/vate interest ~roups,
to be appoJ.uted by the relevant organ/zation.
· Two rcprcs~ntatives appointed by each locality, to include a planning conzmi~oner
and a cit/zcn at Ira"ge.
Committc.~..Ow~si_~ht. Staff and. T.~chnlcal Advisors:
· The Coromiltee will report regularly to the Thomas ~refferson Plmming District
Commission (PDC) on project progress.
· The Committee will be sta~ed by the PDC and a team of professional facilitators.
· Technical advisors will include the trmmportation, and land use plmming consultants
contracted for the project, Uziversity of V/rginia faculty associated with the project,
and the Teclm/cal Committees of the PDC Rum1 TrmsportsQon Plann/ng Program
and Charlottesville-Albemarle Metropolitan Planning Orgmfization (t~PO), wkich
/nclude local pl~nlng d/rectors, transit providers, and state/federal transportation
planners.
Time Frame:
· October 1, 1999-November 12, 1999: Localities and organizations solicit arid
appoint com_mittec rcprc~mtafivcs.
· December, 1999: First committee meeting, scheduled to suit con'anittee members.
· Sanuary, 2000 - Sune, 2001: Committee meets no more th~ monthly, with
frequency and clate~ to be decided by thc committee as thc project progresses.
~luly, 2001: Committee presents Final report to Plarmiug District Commission.
E-Mail: tjpd@state.va.us ~' Web Site: htt?:l/avenue.o~ltjpdc
Virginia Relay Center (800) 828-1 I20 (TDD)
TJPDC Fax:804-9791597 Oct 5 1999 12:48 P. 04
~Pfopo, ed Invitations for Eastern Planning Initiative Advisory Committee, Updated October 5, f~999
Check indicates Leffer of Support has been received and/or Organization has appointed e Committee Represents#ce.
end Pdvate Oraanizations (@ 40)
Albemarle Neighl3orhood Association
'Albemarle Housing Improvement Program
Blue Ridge Hornebullders Association
Charlottesville Area Association of Realtors
Charlottesville Albemarle Commission on Children
and Youth
Charlottesville Federation of Neighborhood
Associations
Charlottesville Regional Chamber of Commerce
Charlottesville Area Bicycle Association
CMarlottesVllle Venture (high-tach group)
Environmental Education Center
Fluvanna Chamber of Commerce
Fluvanne Housing Foundation
Greene Chamber of Cons'narcs
Fiuvanna Heritage
JAUNT Board
Jefferson Area Board for Aging
Jefferson Area Disability Services Board
Local Historical Societies
Leadership CharlottesVille Alumni Association
League of Women Voters
Louisa Chamber of Commerce
Louisa Housing FOundation
Motltloello Area Community A~tion Agency
North Charlottesville Business Council
Parent Teacher Associations (one rep. from each
locality)
Park8 and Recreation Advisors (one for
Charloffesvllle-Albemarle, others as available)
Piedrnont Council of the Att~
Piedmont Housing Alliance
Piedmont E~vironmental Council
Planning and Coordination Council
(Charlottesville/Albemarle/University of VA)
Preservation Alliance
Region Tan Community Services Board
Regional Tourism Council
Rivanna River Roundtable
Rivanna Trails Foundation
Route 250 East Study Advisory Conmqittee
Rt 29 Access Mgmt Advisory Coma, (Greene Co)
6lena Club
Skyline Community Action Program
Soul of Charlottesville
/ 8outhem Environmental Law Center
/ Thoma~ Jefferson 8u~tainability Council
Thomas Jefferson Interfaith Roundtable
/ Thomas Jefferson Venture
/ Thomas Jefferson Partnership for Economic
Development
Trucking Asm~,iatlon
UVA Real Estate Foundation
Virginians for Employment not Welfare (VIEW]
..L. oeal Glovernnrnent t'10~:
Albemarle Citizen
Albemarle Planning Commissioner
Charlottesville Citizen
Charlottesville Planning Commissioner
Fluvanna Citizen
Fluvanna Planning Conmqissioner
Greene Citizen
Greene Plenntng Commissioner
Louisa Citizen
Louisa Planning Commissioner
The PDC, ~epreeerrting local elected offiedals end MPC
mernber~, will oversee project progress. Technical
advisors for the project will irK~lude the Rural Transportation
and MPC Technical Committees, which include local
planning directors, transit providers, end state/federal
transportation planning staff.
Staff anticipates the committee will likely Include about 40
people, will meet no more frequently than once a month,
and may break into subcommittees to WOrk on local and
technical Issues related to their areas of Interest.
The committee will meet from December~ 1999 through
June, 2001, presenting a final report to We PDC in July,
2001.
Ol erver
1304 East Market St., Suite J
Post Office Box 617
Charlottesville, VA 22902-0617
Phone: (804) 295-0124
FAX: (804) 293-4047
September 20, 1999
Albemarle County Board of Supervisors
Attn: Ella Carey
401 Mclntire Road
Charlottesville, VA 22902
Dear Ms. Carey:
The Observer, Charlottesville and Albemarle County's community newspaper since 1978, is
· pleased to be joining forces with WVPT Public TeleviSion to promote a three-day community-
oriented, family event - the first annual Festival of Trees - during Thanksgiving weekend
November 26-28, 1999. This event is a fund-raiser for WVPT to help the Station maintain high-
quality children' s programming and services. The Festival is alSo designed to help raise
awareness of WVPT's commitment to providing programming for children and Of the strong
community focus of public television.
Through a generous donation by the Omni Charlottesville Hotel, the Festival will be held in the
newly renovated Jefferson Ballroom, showcasing a "forest" of area designer trees in honor of
local non-profit organizations. There will be a variety of entertainment, a "juried" gingerbread
house competition by professional designers, and collectors will demonstrate large-scale model
trains! The event will culminate with a tree auction and will be an event to share with the whole
family, visiting relatives and friends.
In order to assist WVPT in promoting the event, we are tuming to area businesses like your's for
support of the Festival. of Trees. Enclosed, you will find information outlining our plans for a
special pull-out sectiOn devoted entirely to WVPT Public Television and the Festival of Trees.
Mary Callan and I will be contacting you shortly to discuss your involvement with this event.
Please accept our thanks in advance for considering support of WVPT' s Festival of Trees.
Enclosure
Sincerely, x
peraUons D~rector
recycled paper
soy ink
Supports
'WVPT
Pubhc Television s
FIRST Annual
FESTIVAL OF
· h r '
~n C a . lotteswlle
Basic Information Sheet
Area publiC television station WVPT will be hosting the First
annual-Festival of Trees on Friday, November 26; Saturday,~
November 27 and Sunday, November 28 in the Jefferson
Ballroom at the Omni Charlottesville Hotel.
The Observer is co-sponsoring the event and will be publishing a
special pull-out section devoted to the Festival on November 17.
In addition to our regular circulation of 25000, we will overrun
the pull-out by an amount still to be determined by WVPT,
but by a least 1000.
We are asking area businesses to show their support of WVPT by
purchasing advertising space in the special section. To keep it simple,
please see the chart below for modular ad sizes and rates:
5 col. x 6.5" (10.25"w x 6.5"h),? .... $375.00
2 col. x 8" (4"w x 8"h) ................ $187.50
2 col. x 5" (4"w x 5"h) ................ $117.20
2 col. x 3" (4"w x 3"h) ................ $ 70.32
We are also looking for an area business (or businesses)
to support WVPT's use of processed color
on the cover of their section.
COUNTY OF ALBEMARLE
Office of County Executive
401 Mclntire Road
Charlottesville, Virginia 22902-4596
(804) 296-5841 FAX (804) 972-4060
FAX: (804) 296-5800
October 11, 1999
Mr. V. Wayne Cilimberg, Director
Planning & Community Development
County of Albemarle
401 Mclntire Road
Charlottesville, Virginia 22902
RE: Establishment of Eastern Planning Initiative Advisory Committee
Dear Wayne:
The Thomas Jefferson Planning District Commission (TJPDC) has requested that the Board of Supervisors
provide two appointees to the recently established Eastern Planning Initiative Advisory Committee. They
are requesting that each locality appoint one Planning Commissioner and one citizen-at-large who has an
interest in transportation an~or community development and design.
The Board of Supervisors will be advertising for candidates for the citizen-at-large member and would like
for the Planning Commission to recommend to the Board an appointee from our Commission. TJPDC is
requesting that the names of our representatives be submitted to them by Friday, November 12, 1999, Please
feel free to transmit the name of the Commission's appointee to Ella or me.
I am attaching a copy of TJPDC's request for your information, but should you have any further qUestions,
please do not hesitate to contact me.
Sincerely,
Robert W. Tucker, Jr.
County ExecutiVe
RWT,Jr/dbm
99.058
Attachment
cc: ~. Ella W. Carey w/attachment
Ms.
Hannah Twaddell
TJPDC Fax:804-9?9159? Oct 5 1999 12:47 P. O1
· ~
Thomas Jefferson Planning District Commission
300 East Main Strew, tat FI. Mall ~nc~nce
PO Box 1505, Charlottesville VA 22902-1505
(804) 979-PD10 (7310) ~' FAX (804) 979-1597
TO:
Robert Tucker, Albemarle County
Gary O'Connell, City. of Charlottesville
Dean BeLer, Fhvamm County
Julius Morris, Greene County
JoffLlmsford/Dermis Sparks, Louisa County
FKOM:
DATE,.
Hannah Twadddl, Assistant Dir~tor
October 4, 1999
Advisory Committee for Eastern Plauning Initiative
I am writing to request appointments from your localities for representatives to serve on the
Advisory Committee for the Jefferson Area Eastern P!_~nn~ng Initiative. Enclosed is a brief
description oft. he project and the committee; I would be happy to send you more detailed
infomaation upon request. The complete project description is also available on our
website.
The Planning District Commission has recommended that each locality appoint one
l)larming commissioner' and.one citizen at lar~. e ,who has an intere~ in trau~on and/or
community development and design. The committee will also includ~ representatives and
techrdcal advisors from a variety of government and community organizations.
We anticipate holding the first committee meeting m early December, 1999, after which the
committee will meet no more than monthly until the dose of the project in Suly, 2001.
Please forward me, by mail, fax, email, or phone, the names of your representatives by
Friday NoVember 12. 1999.
We are very excited to be embarking upon this project and hope it will provide your
localities with useful toots and recommendations to support Ixansponation and land usc
plarmlr~g. Fecl free to contact me at arty time at (804) 979-3710 or by email at
htweddell.tjpd~state.vams with questions or comments about thc project.
E-Maih tjpd@state.va, us '1' Web Site: httm//avenue.org/tjpdc
Virginia Relay Center (800) 828-11~-0 (TDD)
TJPDC Fax:804-9791597 Oct 5 1999 12:47 P. 02 ¢ .....
Thomas Jefferson Planning District Commission
300 East Main Street, Ist 1~1, Mall Entrance
PO Box 1505, Chatlottereille VA 22902-1505
(804) 979-PD10 (7~10) 4, FAX (804) 979-1597
FOR IMMBD~ RELEASE Friday/tune 18, 1999
Contact: Nancy K. O'Brien, ExeCutive Director; Hannah Twaddell, Senior Planner
REGIONAL AGBN'CY PLANS FOR TRANSPORTATION AND LAND DESIGN
The Thomas $'efferson Platming District is one of 3:5 communities recently selected to
participate in a new national program promoting imlovativc Wan~ortation and hind design. Of
$13.2 million awarded n. ationwide from the federal Transportation and Commnnlty and
System Preservation (TCSP) pwgram, thc Thomas ~efferson Planning District Commission
(TYPDC) received $$17,000 to involve area residents in creating transportation and land design
strategics for thc rapidly growing eastern areas of the Planning District and to d~¢lop an
interactive computer model which helps planners ccrmparc possible scenarios,
The Seffetson Area Easteaa Planning Iuitiative study arc~ includes thc eastern b~,ltof Cu'eene
and Albemarle Counties, the City of Cha. rlottcsvill¢, and all of Fluvarma and Louisa Counties.
Thc two-year projcct will bc overseen by a citizens advisory committee and staffed by a tcam
Eom the TYPDC, the Ctmrlotte~ville,-Albemarie Metropolitan Planning Organization (MPO),
tho University of Virginia (UVA) School of Architecture, the Design Resources Center at the
UVA Institute for SUstainable Design, and consultants in traffic modeling, laid design
platming, and facilitation. The VA Dept. of Rail and Public Transportation, VIX)T and the
US Dept. of Trun~portation will also participate.
"We're very excited to be starting this project at this time." said TIPDC Senior Planner
Hannah TwaddelL "It builds upon a lot of local and regional pls-n!ng done over the past
several years, taking the concepts a step closer to reality. Area residents want more tmn.~it,
rail, bicycling and walking options, but these must be linked to laud design in order to work.
Meanwhile, local govvamaems want to protect ottr enviromncnt while encouraging a healthy
economy. A variety of accessible transportation is a key element of this goal."
"Our community is growing fast," added Twaddell, "but we still have ~ to plan ways to
avoid tra~c congestion, pollution, and other ~oblems. Long-term strategies for integrat~
transportation and land design will provide decisiommaking tools for local govemmeiais and
VDOTas they update local, regtollal arid statewide plans."
More information about the Eastern Planning Initiative and the TCSP program is posted on
the PDC w~bsit, at www.avenue.org/tjpdc. Local re~ideat~ aze encouraged to contact the PDC
at 97%7310 or mail tjpd~,stat¢.vaus for more information.
E-Mail: tjpd@state.va, us 4' Web Site: http:ilavenue.org/Opdc
Virginia Relay Center (800) 828-1120 (TDD)
T~P~6 Fax=80~-9791597 Oc~ 5 2999 12:47 P.O$
Thomas Jefferson Planning District Commission
300 F.~st Main Street, Ist Fl. Mall Entrance
PO Box 1505, CharlottesviLle VA 22902-1505
(804) 979-PD10 (7310) ~, FAX (804) 979-1597
$¢ffcrson Ar~ Eastern Plimning Initiative Advisory Committco
Committee Description, Updated October l, 1999
Committee Mernbe~p:
· One repressive each from the attached list of pubLic and private interest groups,
to be appointed by the relevant organization.
· Two rcprescatativcs appointccl by each locality, to include a planning c~mmir, sioner
and a citizen at large,
CommiR.~_Oxel'sight. Staff. and..Tcchrfical Advisors:
· The Committee will report regularly to the Thomas Jefferson Plan-Lng District
Commission (PDC) on project pro~ress.
· The Corn_mittee will be staff'ed by the PDC and a team of professional facilitators.
· Technical advisors will include the transportation and land use plannin~ consultants
contracted for the project, Univc'rsity of Virginia faculty associamd with the project,
and the Technical Committees of the PDC Rural Transportation Pla~nln$ Program
and Cb~Iottesvi~e-Albemarle Metropolitan Planning Orsmizstion (MPO), which
include local plauuin~ directors, transit pmvi&rs, and state/federal transponslion
planners.
Time Frame:
· October 1, 1999-November I2, 1999: Localities and organizations solicit and
appoint co~.mittec r~resmtative, s.
· December, 1999: First committee meeting, scheduled to suit comm_ittee members,
· January, 2000 - June, 2001: Committee meets no more than monthly, with
frequency and dates to bc dccided by the committee as thc project progrcsscs.
· July, 2001: Committee presents final report to Plaiming District Commission.
E-Maih tjpd@state,va.us + Web Site: http://avenue.orfftjpdc
Virginia Relay Center (800) 828-1120 (TDD)
TJPDC Fax:804-9791597 Oct 5 1999 12:48 P. 04 .....
Proposed Invitations for Eastern Planning Initiative Advisory Committee, Updated October 5, f~gg
Check indicates Leffer of Support has been received and/or Organization has appointed a Comrni~ee Representa#~e.
Public and Pdvate Orqaini~:~tl;ion~ (~ 40)"
Albemarle Neighborhood As~:~clatlon
Albemarle Housing Improvement Program
Blue Ridge Homel~Jilders Assoeletlon
Charlottesville Area A~eoclation of Realtors
Charlottesville Albemarle Commission on Children
and Youth
Ch~rlottesville Federation of Neighborhood
Associations
Charlottesville Regional Chamber of Commerce
Charlottesville Area Bioyele Assooiation
Cl~arlottesvllle Venture (~gh.tech group)
Environmental Education Center
Fluvanna Chamber of Commerce
Fluvanna Housing Foundation
Greene Chamber of Commerce
Fluvanna Heritage
JAUNT Board
Jefferson Area Board for Aging
Jefferson Area Disability Sen/ieee Board
Local Historical Societies
Leadership Charlottesville Alumni Association
League of Women Voters
Louisa Chamber of Commerce
Louisa Housing Foundation
Monticello Area Community Aotion Agency
North Charlottesville Business Council
Parent Teac. her Associations (one rep. from each
locality)
Parks and Recreation Advisors (one for
Charlottesville-Albemarle, ot~ers as available)
Piedmont Council of the Arts
Piedmont Housing Alliance
Piedmont Environmental Council
Planning and Coordination Coun~l
(Charlottesville/Albemarle/University of VA)
Preservation Alliance
Region Ten Community Services Board
Regional Tourism Counoil
Rivanna RNer Roundtable
,/
Rivanna Trails FOundation
Route 250 East Study Advisory C, on,~ee
Rt 29 Access Mgmt Aclvlsory Comm. (Greene Co)
Siena Club
Sl~ine Community Action Program
Soul of Charlottesville
8outhem Environmental Law Center
Thomas Jefferson Sustainability Council
Thomas Jefferson Interfaith Roundtal:~le
Thomas Jefferson Venture
Thomas Jefferson Partnership for EconOmic
Development
Trucking A~aoclatlon
UVA Reel Estate Foundation
Virginians for Employment not Welfare (VIEW]
.Local Qovemment/'10):
.Nbemarle Citizen
Albemarle Planning Commissioner
Chado~sviile Citizen
Charlottesville Planning Commissioner
Fluvanna Citizen
Fluvanna Planning Commissioner
Greene Citizen
Greene Ptennlng Commissioner
Louisa Citizen
Louise Planning Commisslone~
The PDC, representing local elected officials and MPO
mernber~, will overuse project progress. Technical
advisors for the project will include the Rural Transportation
.and MPO Technical Committees, whtoh include local
planning directors, transit provtaers, aha state/federal
transportation planning staff.
Staff anticipates the committee will likely Include about 40
people, will meet no more frequently than once a month,
and may break into subcommittees to work on local and
technical Issues related to their areas of Interest.
The oommittee will meet from December, 1999 lh~'ough
June, 2001, presenting a final report to the PDC in July,
2001.
CITY OF CHARLOTTESVILLE
Department of Community Development
Planning Commission
City Hall · P.O. Box 911
Charlottesville, Virginia · 22902
Telephone 804-970-3182
Fax: 804-970-3599
September 15, 1999
City Council of Charlottesville
P. O. Box 911
Charlottesville, VA 22902
Albemarle County Board of Supervisors
401 Mclntire Road
Charlottesville, VA 22902
Dear Councilors and Supervisors:
This letter is to recommend that you appoint a Joint City/County Commission to
study, enhance and enlarge the Greenbelt areas within our jurisdictions.
A number of citizens have approached us with the idea of a joint commission. As
you know, both the City and the County have done some work on greenways. Citizen
groups are moving this project along as well.
It is felt by the City Planning Commission that this is an area of mutual interest and
an obvious force for area-wide coo peration.
Many other communities are far ahead of us in greenway work. The'time 'seems
crucial that we work cooperatively on creating more greenways for our citizens to enjoy.
Please give this your earliest attention.
c~~erelY, ~
~i~~l ~' p~ahna~ri n g Commission
Themas L Lively
Phone (804) 296- 2657
Home Phone (804)- 296-2567 or 293-8488
Email tcwbyl~aolcom
2522 Thomas Jefferson Parkway
Charlottesville, Virginia, 22902-7618
Albemarle ~ouaa-y
September 28, 1999
Albemarle County Board of Supervisors
Albemarle County
Charlottesville, Va
Dear Sir,
My name is Thomas Lively and my people have owned property on Rt. 53 for over fifty years. During this time
my father and mother, my sister and I have built on this property. Since building my home, my family has been in
an almost constant battle with Robert Sweeney because he refuses to obey the zoning laws of Albemarle County.
The county has been of little help solving this situation. What can you do to help me?
My lengthy review has uncovered the following:
1. Robert Swceney has been in violation of the zoning laws since 1969, when the laws were passed by the
Albemarle County Board of Supervisor.
A. Robert Sweeney has been and is dumping untreated septic on his farm property and in various other water
ways, including Lake Monticello.
B. Robert Sweeney has buried or allowed to be buried, trash on his farm low grounds beside the Rivauna
River.
C. Robert Sweeney has allowed dirt from a Pantops Mountain car dealership to be dumped on his farm
property by his brotherdn-law.
D. Robert Sweeney has allowed his brother dh-law to bury construction material on his farm property. I
witness this with two other people. Five tandem trucks loaded entered Sweeney's farm and when the trucks left
they were empty.
E. Robert Sweeney parked junk cars, a car carrier, and trash on his farm property next to Julius L. Lively Jr.'s
property line.
F. Robert Sweeney has junk cars, trash, tractor trailor bodies, at his farm property near the family home.
G. Robert Sweeney has unlicense cars for sale at his home.
H. Robert Sweeney is operating a car lot and business from his home.
I. Robert Sweeney is operating an open air garage on the property at his house.
J. Robert Sweeney is operating an open air garage at his junkyard.
K. Robert Sweeney is expanding his car operation in violation of a court order limiting him to only the small
area around his garage, which has since burned to the ground.
L. Robbert Sweeney has a mobile vehicle on his junkyard being lived in without a county inspected electric
service or septic system.
M. Robert Swecney is operating a car loading and unloading area in front of a house owned by him, but
rented by his cousin Peter Browning.
N. Robert Sweeney's car carrier is often unloaded directly into Rt. 53.
O. Robert Sweeney, his wife and others who work for him, constantly drives on Rt. 53 using his unlicensed
vehicles.
P. Robert Swceney's cars are often loaded on his car carrier from Rt. 53.
Q. Robert Sweeney's ear carrier is parked on Rt. 53 across from his junkyard creating a bottleneck There is
a no parking sign on the area, but the law is not being enforcecL
R. Cars are often backing out on Rt. 53, because Robert Sweeney is violating the court order. It says he must
keep the drivng circle on his property clear so traffic can drive out on to Rt. 53, rather than backing out.
S. During the last week Mr. Sweeney and Parham Construction have buried waste oil on the Sweeney farm
property.
R. Mr. Robert Sweeney in September of 1998 cross Rt. 53 with a beer bottle and threatened to pull me out of my
pickup and beat me.
2. Amelia McCauley is aware of all of these violations, yet she chooses to take no legal action. According to my
attorney, Herb Pickford, she does not have to enforce any of the laws. The law says the zoning administrator has
the option to enforce the laws.. If she is not going to enforce the laWs, why have a zoning department at all?
Being a former teacher, use the money on educating the children.
3. In a meeting in, March, 1999, with Ms. McCauley, Bart Svoboda, Julius L. Lively Jr., Herb Pickford, Thomas
L. Lively, and Dwayne Roadcap, representative from the health department, Ms. McCauley made a promise that
she would attempt within the next few weeks, to solve the Sweeney problem. "Something big is going to
happenect"
4. Also during the meeting, her assistant, Bart Svobota gave me a hint about the effort being made on my behalf.
He said, "this is not the only zoning violation we have to work on. It's costing the county money. "I thought I was
a tax payer and the money came from people like me who pay to be protected.
5. I find it very interesting Mr. Svoboda has plenty of time to work on other zoning violators, like Lowes. I read
the zoning delnutment jumped all over Lowes for allowing a Christmas children's toy donation pickup on its
property. I also understand the department jumped all over Bobby Snow for having trucks, owned by him, parked
on his property.
6. Why did the county refuse to take overhead pictures of the Sweeney property. I ask Ms. McCauley to take them
several times and she did not reply. NO reply is a refusal if you ask me. I have spent almost $1,000 on pictures
showing zoning violation. Why hasn't Mr. Sweeney been taken to court?
7. Two yeats ago my sister sold her home near Sweeney property and the real estate agent, Charlotte Ramsey,
said the Sweeney junkyard contributed to lose of thousand of dollars and four years to sell the house.
8. I have sent the information on Robert Sweeney that has taken my family 30 years to accumulate to Mr,
Tucher and Mrs. McCauley. If it is lost, much is gone!
Thanks%
Thomas L. Lively
David P. Bowerman
Charlotte Y. Humphfis
J~kJouett
Fon~st R. Marshall, Jr.
COUNTY OF ^[ REMARLE
Office of Board of Supaviso~s
401 Mclntire Road
Chadotte.wille, Virginia 22902-4596
(804) 296-5843 FAX (804) 296-5800
Chafle~ S. Martin
Walter E Perkins
Sally H. Thomas
October 19, 1999
Ms. Lisa Briskey
2820 Hydraulic Road, #302
Charlottesville, VA 22901
Dear Ms. Briskey:
At the Board of Supervisors meeting held on October 6, 1999, the Board appointed you
as the joint City/County representative and Chair of the Rivanna Solid Waste Authority Citizens
Advisory Committee, with said term effective January 1, 2000 and to expire
December 31, 2001. (The City took the same action on September 20, 1999.) I have enclosed a
copy of the committee roster for your assistance.
On behalf of the Board, I would like to take this opportunity to express the Board's
appreciation for your willingness to serve the County in this capacity.
Sincerely,
Charles S. Martin
Chairman
CSM/lbh
Enclosure
CC:
James Camblos
Larry Davis
Art Petrini
Printed on recycled paper
MEMORANDUM
FINANCE DEPARTMENT
401 Mclntire Road
Charlottesville VA 22902
(804) 296-5855
To:
From:
Date:
Re:
Ella Carey, Clerk to the Board of Supervisors
Brenda Neitz, Fiscal Assistant~~-~
November 11, 1999
VPSA 1999A School Bond Financing
Pursuant to instructions from the County's bond counsel, the attached Certificate of
Acceptance of Terms needs to be filed in your office.
Should you have any questions, please contact me.
CERTIFICATE OF ACCEPTANCE OF TERMS
The undersigned County Executive of Albemarle County, Virginia (the "County"),
certifies as follows:
1. Pursuant to a resolution (the "Resolution") of the Board of Supervisors of the
County, adopted on October 6, 1999, he has accepted the terms of the County's General
Obligation School Bonds, Series 1999A (the "Bonds"), as set forth in this certificate.
2. The Bonds shall be in the aggregate principal amount of $2,835,000 and shall be
sold to the Virginia Public School Authority for a purchase price of 100.893% of the principal
amount. Principal shall be payable on the dates and in the amounts and the Bonds shall bear
interest at rates all as set forth on Exhibit A.
3. The principal amounts and interest rates accepted with respect to the Bonds are
within the limitations of Sections 3 and 4 of the Resolution.
4. A copy of this certificate has been filed with the office of the Clerk of the County
on the date hereof.
Dated November ~ , 1999.
Principal
Albemarle County
Non-Subsidized Local School Bond
Rate Interest
Total
EXHIBIT
A
Fiscal
Total
7/15/2000
'~/15/2001
7/1 5/2001
1/15/2002
7/1 5/2002
1/15/2OO3
7/15/2003
1/15/2004
7/15/2004
1/15/2005
7/15/2005
1/15/2O06
7/15/2O06
1/15/2007
7/15/20O7
1/15/2008
7/15/2008
1/15/2009
7/15/2009
1/15/2010
7/15/2010
1/15/2011
7/15/2011
1/15/2012
7/15/2012
1/15/2013
7/1 5/2013
1/15/2014
7/15/2014
1/15/2015
7/1 5/2015
1/15/2016
7/15/2016
1/15/2017
7/15/2017
1/15/2018
7/15/2018
1/15/2019
7/15/2019
1/15/2020
7/15/2O20
S1.45.000
0
145,000
0
145,000
0
145,000
0
145.000
0
145,000
0
145.000
0
140,000
0
14O,O00
0
140,00O
0
140,000
0
140,000
0
140.000
0
140,000
0
140,000
0
140,000
0
14O, 000
0
140.000
0
140.0O0
0
14O,0OO
0
5.100%
5.100%
5.100%
5.100%
5.100%
5.350%
5.100%
5.100%
5.850%
5.850%
5.350%
5.600%
5.725%
5.975%
5.975%
6.100%
6.100%
6.100%
6.100%
6.100%
S1
04 294.81
75 513.75
75,513.75
71,816.25
71,816.25
68.118.75
68,118.75
64 421.25
64 421.25
60 723.75
6O 723.75
56 845.0O
56 845.00
53 147.50
53 147.50
49 577.50
49 577.50
45 482.50
45 482.50
41 387.50
41 387.50
37 642.50
37 642.50
33 322.50
33 722.50
29 715.OO
29.715.00
25 532.50
25.532.50
21 350.00
21 350.00
17 080.00
17 080.00
12 810.00
12 810.00
8,540.OO
8,540.00
4,270.00
4,270.00
0.00
S249.294.81
75,513.75
220,513.75
71,816.25
216,816.25
68,118.75
213,118.75
64,421.25
209 421.25
60 723.75
2O5 723.75
56 845.00
201 845.00
53 147.50
193 147.50
49 577.50
189 577.50
45 482.50
185 482.50
41 387.50
181 387.50
37 642.50
177,642.50
33,722.50
173,722.50
29.715.00
169.715.00
25.532.50
165.532.50
21 350.00
161 350.00
17 080.00
157 080.00
12,810.00
152,810.00
8,54O.OO
148,540.00
4,270.00
144.270.00
0.00
324.808.56
292.330.00
284.935.0O
277.540.00
270.145.00
262.568.75
254,992.50
242,725.00
235,060.00
226,870.00
219.030.00
211 365.00
203,437.50
195,247.50
186.882.50
178,430.00
169.890.00
161.350.00
152.810.00
144 270.0O
Debt Total
Premium
Grand Total
$2.835,000.00
25,329.64
$2.860.329.64
$1,659,687.31 $4.494 687.31
Dated Date 11/1811999 Effective Rate 5.76609954%