2000-08-16August 16, 2000 (Regular Night Meeting)
(Page 1)
A regular meeting of the Board of Supervisors was held on August 16, 2000, at 7:00 p.m., Room
241, County Office Building, Mclntire Road, Charlottesville, Virginia.
PRESENT: Mr. David P. Bowerman; Ms. Charlotte Y. Humphris; Mr. Charles S. Martin; and
Mr. Walter F. Perkins.
ABSENT: Mr. Lindsay G. Dorrier, Jr. and Ms. Sally H. Thomas.
OFFICERS PRESENT: County Executive, Mr. Robert W. Tucker, Jr.; County Attorney,
Mr. Larry Davis; Chief of Planning and Community Development, Mr. David Benish and Senior Deputy
Clerk, Ms. Laurel A. Bentley.
Agenda Item No. 1. The Chairman, Mr. Martin, called the meeting to order at 7:00 p.m.
Agenda Item No. 2. Pledge of Allegiance.
Agenda Item No. 3. Moment of Silence.
Agenda Item No. 4. Other Matters not Listed on the Agenda from the Public.
Ms. Ellyn Marshall-Nelson, a County resident, said on May 30, 2000 she fell in the parking lot of a
company located in the County, suffering injuries and a subsequent loss of income. She said the
handicapped-access ramp was not clearly marked, so she could not distinguish it from the sidewalk. She
said an attorney told her she cannot recover financial losses due to a state law protecting commercial
property owners, and VDOT told her it is up to the property owner to maintain the ramps. She asked that
the County adopt an ordinance providing for the safety of citizens walking on the ramps. She also asked
that the Board require the painting of handicapped ramps and adjacent curbs in public places.
Agenda Item No. 5. Consent Agenda.
Mr. Bowerman offered the motion, seconded by Ms. Humphris, to approve items 5.1 through 5.15,
and to accept the remaining items for information. Roll was called and the motion passed by the following
recorded vote:
AYES:
NAYS:
ABSENT:
Ms. Humphris, Mr. Martin, Mr. Perkins, and Mr. Bowerman.
None.
Mr. Dorrier and Ms. Thomas.
Item No. 5.1. Proclamation recognizing August 26, 2000 as Women's Equality Day.
Mr. Martin read the following proclamation, which was adopted by the Board:
PROCLAMATION
WHEREAS, many decades of effort by workers for women's rights were required to give women the
right to vote; and
WHEREAS, citizens must always be willing to work to assure that the laws and policies in the
Commonwealth of Virginia, the United States of America, and this County do not unjustly discriminate against
females, and any other group; and
WHEREAS, unjust treatment based on views of inequality is often subtle; and
WHEREAS, it is appropriate for this County to recognize a day that commemorates the passage of the
19th Amendment to the Constitution of the United States, the amendment that gave the right of suffrage to
American women;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia,
does hereby proclaim
August 26, 2000
WOMEN'S EQUALITY DAY
in remembrance of all those women and men who have worked to develop a more equitable community that
acknowledges both the real similarities and the important differences between women and men; and
BE IT FURTHER RESOLVED that the Board of Supervisors urges all citizens to eliminate all unjust
discrimination and prejudice against women, and ensure equality of rights, privileges, and responsibilities for
all women and men.
August 16, 2000 (Regular Night Meeting)
(Page 2)
Item No. 5.2. Proclamation recognizing August 29 through September 3, 2000 as Albemarle
County Fair Week.
Mr. Martin read the following proclamation, which was adopted by the Board:
ALBEMARLE COUNTY FAIR WEEK
WHEREAS,
for the past 19 years, the Albemarle County Fair has entertained tens of thousands of guests
during its annual production; and
WHEREAS,
the Albemarle County Fair is unique in many ways, founded by a group of community spirited
people who wanted something special for their neighbors and friends to enjoy and
enrich their lives. The theme has always emphasized the County's agricultural and
forestal heritage; and
WHEREAS,
the Albemarle County Fair is a non-profit corporation operated by dedicated volunteers, officers
and directors; and
WHEREAS,
the Albemarle County Fair offers an atmosphere conducive to families and their children. A
friendly, safe, carefree atmosphere is the hallmark of the event. Unique in the state
in that all food and drink is sold by local non-profit organizations as an opportunity for
them to raise monies for their worthwhile programs; and
WHEREAS,
the Albemarle County Fair supports agricultural and rural lifestyles, offers exhibits of home-art
skills, crops, large livestock, small livestock and poultry, with competitions in livestock
and numerous other farm skills, and nightly entertainment for all to enjoy;
NOW, THEREFORE, I, Charles S. Martin, Chairman, on behalf of the Albemarle Board of County
Supervisors, do hereby proclaim the week of
AUGUST 29, 2000 THROUGH SEPTEMBER 3, 2000
8S
ALBEMARLE COUNTY FAIR WEEK
and urge all citizens to actively participate in the scheduled activities and
programs sponsored and supported by the more than 300 volunteers, public
and area businesses.
Item No. 5.3. Authorize County Executive to execute service agreement with Scottsville Volunteer
Rescue Squad advancing $80,000 to purchase new Type II ambulance.
The executive summary states that several years ago Albemarle County established a revolving
fund to be used by the ten volunteer fire and rescue companies in the County. This fund, currently funded
at $2.0 million, provides the volunteer companies a means of acquiring needed fire-fighting and rescue
squad equipment and buildings, interest free, with repayments being deducted from their annual County
appropriation. Requests for disbursements from the fund are monitored and approved by the Jefferson
Country Fire and Rescue Association (JCFRA).
The current amount available in the revolving fund is $327,400.67. Scottsville Volunteer Rescue
Squad has requested, through JCFRA, an advance of $80,000 to be used for the purchase of an
ambulance and has executed the standard service agreement approved by the County Attorney's office.
The Board can disburse this advance upon approval of this agreement. Repayment of the allocation will be
over an eight-year period beginning in FY00-01.
JCFRA has approved this request.
Staff recommends authorizing the County Executive to execute the service agreement.
By the above-recorded vote, the Board authorized the County Executive to sign the
following service agreement:
SERVICEAGREEMENT
THIS AGREEMENT, made this day of ,2000, by and between the
COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision, (the "County"), and the SCOTTSVILLE
VOLUNTEER RESCUE SQUAD, INC., a Virginia Non-Profit Corporation, (the "Rescue Squad").
August 16, 2000 (Regular Night Meeting)
(Page 3)
WHEREAS, the Rescue Squad agrees to continue to provide valuable rescue squad services in
Albemarle County in its delineated service area as set forth on the Response Area Maps located at the
Emergency Operations Center ("Service Area"); and
WHEREAS, the Rescue Squad desires the County to contribute Eighty Thousand Dollars ($80,000)
for the purchase of a new ambulance necessary to provide rescue squad services in the said Service Area.
NOW, THEREFORE, for and in consideration of the above stated premises, the County and
Rescue Squad agree, as follows:
1. The County shall contribute to the Rescue Squad Eighty Thousand Dollars ($80,000) to be used
for purchase of an ambulance. The funds shall be allocated from the County's Fire Fund ("Fund") and
shall be made available upon execution of this agreement.
2. The Rescue Squad agrees that the County will withhold Ten Thousand Dollars ($10,000.00)
from the County's annual appropriation to the Rescue Squad's operating budget beginning July 1,2001 and
ending after a final withholding in July 2008. Thus at the end of eight (8) years, which is the term of this
Agreement, a total of $80,000 shall be withheld. This withholding may be used by the County to replenish
the Fund for so long as the County, at its discretion, continues such Fund. This withholding is in addition to
the withholding for all prior advances under prior service agreements with the Rescue Squad dated
November 16, 1998, August 14, 1996, May 15, 1996, February 3, 1995, March 16, 1993, July 19, 1989, and
October 15, 1987. The Rescue Squad agrees that any amount of this repayment, which may exceed the
County's annual appropriation, will be remitted to the County no later than July 31st of each repayment year.
3. The Rescue Squad agrees that the Eighty Thousand Dollars ($80,000) contribution shall be
used only for the purchase of the ambulance to be used in the Service Area in Albemarle County. The
Rescue Squad further agrees that it shall not convey the ambulance or any interest therein to any party
other than the County without the County's prior written consent during the useful life of the ambulance or
the term of this Service Agreement, whichever is longer. For purposes of this Agreement, the useful life of
the ambulance shall be eight years from the date the ambulance is placed into service. In addition, the
Rescue Squad agrees that any insurance proceeds received from a claim related to any damage to the
ambulance shall be used entirely for the immediate repair and improvement of the ambulance unless the
County expressly authorizes in writing a different use for such funds.
4. The Rescue Squad agrees that at such times as it no longer provides voluntary rescue squad
services in Albemarle County while operating under the jurisdiction of the County that it shall convey all of
its interest in the vehicle described in paragraph 1 to the County at no additional cost to the County upon the
County's request.
5. The County and Rescue Squad agree that the covenants set forth in their prior agreements
dated November 16, 1998, August 14, 1996, May 15, 1996, February 3, 1995, March 16, 1993, July 19,
1989, and October 15, 1987, to the extent they are not in conflict with this Agreement, shall remain in full
force and effect.
6. Nothing contained herein shall be construed to prevent additional appropriations by the County
to the Rescue Squad, at the discretion of the County Board of Supervisors, to support, enhance, or
augment the services to be provided by the Rescue Squad.
Item No. 5.4. Adopt resolution authorizing County Executive to execute lease with the
Commonwealth of Virginia for use of office space by the Office of the General Registrar.
The executive summary states that the National Voter Registration Act requires that DMV offices
accept applications for the registration of voters in the Commonwealth of Virginia. The DMV is willing to
make three offices consisting of a total of approximately 500 square feet in its new Service Center available
to the Registrar's Office.
The proposed lease is for an initial one-year term at no cost to the County. DMV will also pay the
cost of all utilities. In addition to office space, the Registrar's Office will have access to common areas
available to DMV staff during the Service Center's operating hours, as well as a conference room. DMV will
also provide one personal computer, a printer, fax machine, and paper shredder at an information desk to
assist the Registrar in fulfilling her duties.
Staff recommends approval of the following resolution authorizing the County Executive to sign the
lease with the Commonwealth of Virginia.
By the above-recorded vote, the Board adopted the following resolution:
RESOLUTION
WHEREAS, THE Commonwealth of Virginia is the owner of certain property located in Albemarle County
known as the Charlottesville DMV Customer Service Center, and desires to lease office space
within such building for use by the Office of the General Registrar.
August 16, 2000 (Regular Night Meeting)
(Page 4)
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of Supervisors hereby
authorizes Robert W. Tucker, Jr., County Executive, to execute the [following] lease agreement.
THIS LEASE AGREEMENT, made by and between MILLMONT PROFESSIONAL OFFICE LAND
TRUST (hereinafter the "Landlord") and the COUNTY OF ALBEMARLE, VIRGINIA, a political subdivision of
the Commonwealth of Virginia (hereinafter the "County" or "Tenant").
SECTION I
This Section 1 is an integral part of this Lease and all of the terms hereof are incorporated into this
Lease in all respects. In addition to the other provisions that are elsewhere defined in this Lease, the following,
whenever used in this Lease shall have the meaning set forth in this Section, and only such meaning, unless
such meanings are expressly contradicted, limited or expanded elsewhere in this Lease:
1.1 Date of Lease. October 1,2000.
1.2
Premises. That certain lot or parcel of land, known as the Garnett Medical Building property,
located at 1023 Millmont Street in the City of Charlottesville, Virginia (hereinafter the "Premises"
or "Property"). The Premises shall include the front parking lot as well as the gravel parking lot
adjacent to the buildings and measuring approximately 96' by 61 '.
1.3
Commencement Date. October 1,2000.
1.4
Term. A period of five (5) years following the Commencement Date, subject to earlier termination
by Tenant upon providing six (6) months advance written notice in accordance with Section 15.1
of this Lease.
1.5
Option to Renew. Tenant shall have the option to renew the Lease for three (3) additional terms
of three (3) years each. Tenant shall exercise this option to renew by providing written notice in
accordance with Section 15.1 of this Lease at least six (6) months prior to the expiration of the
original and any renewal term(s). The renewal term(s) shall be on the same terms and conditions
of this Lease, except as expressly agreed to by the parties. The rent to be paid by Tenant during the
renewal term(s) shall be calculated according to Section 1.7 of this Lease.
1.6
Rent. Tenant agrees to pay the sum of $20,522.50 as monthly rent during the first year of the Term,
from October 1,2000 through September 30, 2001. This monthly rent amount shall be payable in
advance on the first day of each month during the term of this Lease, commencing on October 1,
2000.
1.7
Rent Adjustment. For each of the lease years two, three and four and five for the original and any
renewal term(s) as set out in Section 1.5 of this Lease, the rental payment shall be increased
annually, each year above the preceding year, by an amount equal to the annual percentage
increase in the CPI Index, as defined herein, for the preceding lease year. The CPI Index shall be
the U. S. Bureau of Labor Statistics Consumer Price Index, but if the CPI Index shall be
discontinued, Landlord and Tenant shall designate by mutual agreement an appropriate substitute
index or form having the same general acceptance as to use and reliability as the CPI Index and
such substitute shall be used as if originally designated herein, but no retroactive adjustments shall
be made.
1.8
Permitted Uses. Tenant may use the Premises as office space for the operation of its Department
of Social Services and other related public uses. Landlord agrees to maintain in good condition
and repair (including replacements when necessary) all fire alarms and extinguishers as required
by current local zoning and building authorities, to be inspected at least annually and recharged
as necessary, and to bear a tag indicating the date of each such inspection and servicing.
Tenant agrees to immediately clean up any spillage of trash or debris that shall occur in connection
with the use of any dumpster or other trash collection container. Tenant shall maintain all
sidewalks adjacent to the Property in a broom-clean condition at all times, and shall promptly
arrange for the removal of snow or ice on such areas.
SECTION 2
Grant and Term
2.1
Grant. In consideration of the rents agreed to be paid and of the covenants and agreements made
by the respective parties hereto, Landlord demises and leases to Tenant and Tenant hereby leases
from Landlord the Premises, upon the terms and conditions herein provided, subject to the terms
and conditions of this Lease.
2.2
Term. Subject to the terms, covenants and agreements contained herein, Tenant shall have and
hold the Premises for the entire Term, and any subsequent term(s) as provided by Section 1.5,
subject to termination by Tenant in accordance with Section 12.5.
SECTION 3
Utilities and Taxes
August 16, 2000 (Regular Night Meeting)
(Page 5)
3.1
Utility Charges. Tenant shall be responsible for and pay when due all charges for heat, water,
gas, electricity, water, sewer, telephone, janitorial, garbage disposal service or any other utility
services used or consumed in the Premises by Tenant.
3.2
Taxes. During the term(s) of this Lease, Landlord agrees to pay the real estate taxes assessed
against the Premises, if applicable, and Tenant agrees to pay any personal property taxes
assessed against its property located in or on the Premises.
3.3
Net Lease. This is a net lease (except as provided for herein) and the rent, utilities and all other
sums payable hereunder by Tenant shall be paid without notice, demand, set-off, counterclaim,
deduction, or defense and, except as otherwise expressly provided herein, without abatement or
suspension.
SECTION 4
Subletting and Assignment
4.1
Consent. Tenant will not sublet the Premises or any part thereof or transfer possession or
occupancy thereof to any person, firm or corporation, or transfer, assign, mortgage, pledge or
encumber this Lease, without the prior written consent of Landlord, which consent shall not be
unreasonably withheld. However, this shall not apply to Tenant's right to assign space within the
Premises to other departments or agencies of the County.
SECTION 5
Use and Upkeep of Premises
5.1
Use. Tenant shall use and occupy the Premises for the purposes specified in Section 1.9 and only
in accordance with applicable Federal, state and local regulations. Landlord shall, prior to
occupancy by Tenant, ensure that all applicable local zoning regulations of the City of
Charlottesville are satisfied, including but not limited to any site plan amendment(s) or permits that
may be required to expand the parking lot(s). In the event that Landlord is unable to comply with
such requirements, Tenant may terminate this Lease without penalty and the parties shall have no
further liability to each other.
5.2
Maintenance and Upkeep. Tenant shall keep the Property clean, neat, orderly, presentable and
in good repair at all times. During the term of this Lease, Landlord shall be responsible for all
repairs and maintenance of the Property and the improvements located thereon, except as
provided below, whether ordinary or extraordinary, structural or non-structural, foreseen or
unforeseen, including, but not limited to, roof, exterior walls, plumbing, heating, electrical, air
conditioning plate glass and windows. Tenant shall be responsible for routine repairs and
maintenance (excluding repairs or maintenance of the building and structural components
identified above), except that Tenant's obligation hereunder shall not exceed $2,000.00 in any one
year of the initial or subsequent term(s). It is understood that Landlord's obligation to pay for repairs
shall only apply to repairs to the building and its structural components and not to any equipment
provided by Tenant in the building or to the grounds.
Tenant's obligation to pay for repairs is subject to and contingent upon appropriation of funds by
the Albemarle County Board of Supervisors. If funds for such repairs are not appropriated, Tenant
agrees that its sole remedy shall be to elect to terminate this Lease and further agrees that it shall
not be entitled to any damages of any kind.
5.3
Prior to the Commencement Date, Landlord agrees to undertake the following construction item
or repairs: expand existing front parking lot and provide an additional sixteen (16) paved parking
spaces; expand adjacent gravel lot located to the side of the building for Tenant's use as parking
spaces; install exterior security lighting for the front and rear parking lots; provide all exterior
building and roof repairs as needed; and paint the interior of the Premises and replace carpet as
outlined in Exhibit A. These repairs shall be completed and ready for Tenant use on or before the
Commencement Date.
Tenant Installation and Upkeep. During the term of this Lease, Tenant may, at its own expense,
and with Landlord's prior written consent, make or cause to be made any interior alterations,
additions or improvements that do not damage the structures located on the Property, and/or alter
or remodel the exterior landscaping, provided that Tenant shall obtain all required government
permits for such alterations, additions or improvements.
Tenant shall undertake at its expense the following specific improvements to the Property: rework
the entrance foyer to provide public/employee separation; change locks and modify door closures;
modify bathrooms and convert to storage space as needed; install a telephone and computer
network system, including wiring and other telecommunications infrastructure.
5.4
Tenant Signs. Tenant may, at its own expense, subject to the Landlord's prior written approval
and local signage ordinances and other applicable laws and regulations, install a business sign on
the Property.
5.5
Tenant Maintenance and Condition of Premises Upon Surrender. Tenant will keep the
Premises and the fixtures and equipment therein in good order and condition (defined as at least
the same state of repair and condition as existed as of the Commencement Date), will suffer no
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(Page 6)
waste or injury thereto, and will, at the expiration or other termination of the term thereof, surrender
and deliver up the same in like good order and condition as the premises shall be at the
commencement of the term of this Lease, ordinary wear and tear excepted.
5.6
Tenant Equipment. Maintenance and repair of Tenant-supplied equipment, or Tenant rugs,
carpeting and drapes within the Premises installed by Tenant shall be the sole responsibility of
Tenant, and Landlord shall have no obligation in connection therewith.
5.7
Illegal and Prohibited Uses. Tenant will not use or permit the Premises or any part thereof to be
used for any disorderly, unlawful or extra-hazardous purpose.
5.8
Title and Covenant Against Liens. The Landlord's title is and always shall be paramount to the
title of the Tenant and nothing contained in this Agreement shall empower the Tenant to do any
act that can, shall or may encumber the title to the Landlord. Tenant covenants and agrees not
to suffer or permit any lien of mechanics or materialmen to be placed upon or against the Premises
or against the Tenant's leasehold interest in the Premises and, in case of any lien attaching, to
immediately pay and remove same.
SECTION 6
Access
6.1
Landlord's Access. Landlord, its agent or employees, shall have the right to enter the Premises
during regular business hours accompanied by a representative of Tenant in order to (a) make
inspections or make such repairs and maintenance to the Premises or repairs and maintenance
to other premises as Landlord may deem necessary; (b) exhibit the Premises to prospective tenants
during the last four (4) months of the term of this Lease; and (c) for any purpose whatsoever
relating to the safety, protection or preservation of the Premises.
SECTION 7
Liability
7.1
Personal Property. All personal property of Tenant in the Premises shall be at the sole risk of
Tenant. Landlord shall not be liable for any damage thereto or for the theft or misappropriation
thereof. Tenant hereby expressly releases Landlord from any liability incurred or claimed by
reason of damage to Tenant's property, except as may be caused by to Landlord's negligent or
intentional acts.
7.2
Public Liability. Landlord assumes no liability or responsibility whatsoever with respect to the
conduct and operation of the business to be conducted upon the Premises. Landlord shall not be
liable for any accident to or injury to any person or persons or property in or about the Premises
that is caused by the conduct and operation of said business or by virtue of equipment or property
of Tenant in the Premises.
7.3
Insurance. Landlord agrees that it will, throughout the Term, insure and keep insured, for the
benefit of Landlord and its respective successors in interest, all buildings and improvements on the
Property. Such policy shall contain coverage against loss, damage or destruction by fire and such
other hazards as are covered and protected against, at standard rates under policies of insurance
commonly referred to and known as "extended coverage," as the same may exist from time to time.
Landlord agrees to name Tenant as an additional insured on such policy, as its interest may
appear.
Tenant agrees that it will, throughout the Term, keep in full force and effect a policy of
comprehensive general liability insurance insuring Tenant against liability arising out of the
ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto with
initial basic limits of not less than $2,000,000 combined single limit per occurrence. Upon request,
Tenant will furnish Landlord satisfactory evidence of insurance showing limits of liability. The limits
of all insurance required herein shall be increased from time to time to reflect the increase in the
consumer price index and as required by good business practice. Tenant reserves the right to add
the Property to its existing policy of comprehensive general liability insurance, and Landlord agrees
that Tenant will thereby satisfy the requirements of this provision.
SECTION 8
Damage
8.1
Damage. If all or any portion of the Property shall be damaged or destroyed by fire or other
casualty, this Lease shall not be terminated or otherwise affected unless Landlord elects not to
rebuild in accordance with the following provisions. In the event of any damage to the Property by
fire or other casualty that renders the Property untenantable in whole or in part, there shall be an
abatement of the rent payable hereunder during the period of such untenantability but only if and
so long as Tenant is not engaged in the conduct of its business operations in the Property and only
to the extent which the Property is rendered untenantable, prorata.
If all or any portion of the Property is damaged or destroyed by fire or other casualty, then all
insurance proceeds under the policies referred to in the preceding sections hereof that are paid to
Landlord on account of any such damage by fire or other casualty shall be paid to the Landlord or
August 16, 2000 (Regular Night Meeting)
(Page 7)
made available for the payment for repair, or replacing, or rebuilding, and the Landlord may elect
as soon as practical after the damage has occurred (taking into account the time necessary to
adjust the loss with the insurance company or companies) whether or not to repair or rebuild the
Property or any such portion thereof to its condition immediately prior to such occurrence, provided,
however, that the foregoing provisions do not require the Landlord to repair or rebuild any part of
the Property, or of Tenant's fixtures, equipment, or appurtenances not constituting a part of the
Property owned by Landlord. If an election to replace or rebuild is made by Landlord, than this
Lease shall remain in full force and effect. If an election not to rebuild is made by the Landlord or
if no election is made within ninety (90) days after such damage has occurred, then the Lease shall
be deemed terminated ninety (90) days following the occurrence.
SECTION 9
Events of Default and Remedies
9.1
Events of Default. Any of the following occurrences or acts shall constitute an event of default
under this Lease: if Tenant, at any time during the Term, shall (i) fail to make any payment of rent
or other sum herein required to be paid by Tenant for a period often days after delivery by Landlord
of written notice to Tenant that any such payment has become due, or (ii) fail to cure, immediately
after notice from Landlord, any hazardous condition that Tenant has created or suffered in violation
of law or this Lease, or (iii) fail to observe or perform any of the covenants in respect to assignment,
subletting and encumbrance set forth in Section 5; or (iv) fail to observe or perform any other
provision hereof for thirty days after Landlord shall have delivered to Tenant written notice of such
failure (provided that in the case of any default referred to in this clause (iv) that cannot be cured
by the payment of money and cannot with diligence be cured within such thirty-day period, if Tenant
shall commence to cure the same within such thirty-day period and thereafter shall prosecute the
curing of same with diligence and continuity, then the time within which such failure may be cured
shall be extended for such period not to exceed sixty days as may be necessary to complete the
curing of the same with diligence and continuity).
The occurrence of any of the following shall also constitute an event of default: (a) the
appointment of a receiver or trustee to take possession of all or substantially all of the assets of
Tenant; (b) a general assignment by Tenant for the benefit of creditors; (c) any action or
proceeding commenced by or against Tenant under any insolvency or bankruptcy act, or under any
other statute or regulation having as its purpose the protection of creditors and not discharged
within ninety (90) days after the date of commencement, shall constitute a breach of this Lease by
Tenant. Upon the happening of such event, this Lease shall, at Landlord's option, terminate ten
(10) days after written notice from Landlord to Tenant.
9.2
Remedies. In each and every such event set forth in Section 9.1 above, from thenceforth and at
all times thereafter, at the option of Landlord, Tenant's right of possession shall thereupon cease
and terminate, and Landlord shall be entitled to the possession of the Premises and to re-enter the
same without demand of rent or demand of possession of said premises and may forthwith
proceed to recover possession of the Premises by process of law, any notice to quit being hereby
expressly waived by Tenant.
9.3
Rights Cumulative, Non-Waiver. No right or remedy herein conferred upon or reserved to
Landlord is intended to be exclusive of any other right or remedy, and each and every right and
remedy shall be cumulative and in addition to any other right or remedy given hereunder or now
and hereafter existing at law or in equity or by statute. The failure of Landlord to insist at any time
upon the strict performance of any covenant or agreement or to exercise any option, right, power
or remedy contained in this Lease shall not be construed as a waiver or relinquishment thereof for
the future. The receipt by Landlord of any rent or any other sum payable hereunder with
knowledge of the breach of any covenant or agreement contained in this Lease shall not be
deemed a waiver of such breach, and no waiver by Landlord of any provision of this Lease shall
be deemed to have been made unless expressed in writing and signed by Landlord. In addition
to other remedies provided in this Lease, Landlord shall be entitled, to the extent permitted by
applicable law, to injunctive relief in case of the violation, or attempted or threatened violation, of
any of the covenants, agreements, conditions or provisions of this Lease, or to a decree compelling
performance of this Lease, or to any other remedy allowed to Landlord at law or in equity.
SECTION 10
Quiet Enjoyment
10.1
So long as Tenant shall observe and perform the covenants and agreements binding on it hereunder, Te
shall at all times during the term herein granted, peacefully and quietly have and enjoy possession of the
Premises without any encumbrance or hindrance by, from or through Landlord, except as provided for
elsewhere under this Lease.
SECTION 11
Successors
11.1
All rights, remedies and liabilities herein given to or imposed upon either of the parties hereto, shall
extend to their respective heirs, executors, administrators, successors, and assigns. This provision
shall not be deemed to grant Tenant any right to assign this Lease or to sublet the premises without
Landlord's prior written consent.
August 16, 2000 (Regular Night Meeting)
(Page 8)
12.1
12.2
12.3
12.4
13.1
14.1
15.1
15.2
SECTION 12
Miscellaneous
Use of Grounds. Tenant is responsible for the upkeep of the grounds of the Property, including,
but not limited to, grass cutting and snow removal.
Partial Invalidity. If any term, covenant or condition of this Lease, or the application thereof, to any
person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Lease,
or the application of such term, covenant or condition to persons or circumstances other than those
as to which it is held invalid or unenforceable, shall not be affected thereby and each term,
covenant or condition of this Lease shall be valid and be enforced to the fullest extent permitted
by law.
Effect of Sale of Property. This Lease shall continue in full force and effect in the event Landlord
sells or otherwise transfers its interest in the property to a third party. The parties agree that a
Memorandum of Lease shall be recorded in the land records of the Circuit Court for the City of
Charlottesville on or before the Commencement Date.
Nonappropriation of Funds. The continuation of the terms, conditions and provisions of this
Agreement beyond June 30th of each calendar year during the original and subsequent term(s) is
subject to the approval and ratification of this Agreement by Albemarle County and the
appropriation by the Albemarle County Board of Supervisors of the necessary money to fund this
Agreement for succeeding fiscal years. Should the Albemarle County Board of Supervisors fail to
appropriate necessary funding, Tenant may delay such payment until funds have been
appropriated or terminate this Agreement, or any unfunded portion of this Agreement, without
incurring any penalty, liability or additional costs whatsoever. Tenant is not required to make any
payment to Landlord that is otherwise required by this Agreement if the Board of Supervisors has
not appropriated and made available sufficient funds for such payment.
SECTION 13
Governing Law
This Lease shall be in all respects governed by and interpreted in accordance with the laws of the
Commonwealth of Virginia.
SECTION 14
Entire Agreement
This Lease, and the exhibit attached hereto, set forth all the covenants, promises, agreements,
conditions and understandings between the parties concerning the Property and there are no other
such covenants, promises, agreements, conditions and understandings, either oral or written,
between them other than herein set forth. Any former lease is hereby expressly canceled and
terminated. Except as herein otherwise provided, no subsequent modification, alteration,
amendment, change or addition to this Lease shall be binding upon Landlord or Tenant unless
reduced to writing and signed by them.
SECTION 15
Notices
Addresses for Notices. All notices required or desired to be given hereunder by either party to
the other shall be personally delivered or given by certified or registered mail and addressed as
follows:
If to the Landlord:
If to the Tenant:
Millmont Professional Office
Land Trust
195 Riverbend Drive
Charlottesville, VA 22911
Robert W. Tucker, Jr.
Albemarle County Executive
401 Mclntire Road
Charlottesville, VA 22902
Either party may, by like written notice, designate a new address to which such notices shall be
directed.
Effective Date of Notices. Notice shall be deemed to be effective when personally delivered
or when sent by registered or certified U.S. mail, postage prepaid, unless otherwise stipulated
herein.
Item No. 5.5. Authorize County Executive to execute agreement between Albemarle County and
the University of Virginia for services to be provided by an Operational Medical Director (OMD).
The executive summary states that the County Division of Fire & Rescue is currently in need of an
Operational Medical Director (OMD) to provide the necessary medical control for Advanced Life Support
Service. This position would be a contract position within the Division, and will be responsible for
August 16, 2000 (Regular Night Meeting)
(Page 9)
overseeing the Continuous Quality Improvement (CQI) Program and the initial and continuing education
programs for Basic Life Support, Advanced Life Support and Tactical Emergency Medical Service (EMS)
personnel. The OMD also participates in the development and review of patient care protocols and
administrative policies and procedures with regard to EMS activities in cooperation with the Division Chief
and/or his designee. The OMD is a member of the Thomas Jefferson Emergency Medical Service
Council for the region.
Dr. Sabina Braithwaite, Assistant Professor of Emergency Medicine, University of Virginia, will
provide oversight to County career emergency service providers as the Operational Medical Director.
Execution of the agreement is necessary for Dr. Braithwaite to provide this service for the County through
the University of Virginia.
Staff recommends authorizing the County Executive to execute the attached Service Agreement.
By the above-recorded vote, the Board authorized the County Executive to execute the
following agreement between Albemarle County and the University of Virginia for services to be
provided by an Operational Medical Director (OMD).
AGREEMENT
BETWEEN
COUNTY OF ALBEMARLE VIRGINIA
AND
THE RECTOR AND VISITORS OF THE UNIVERSITY OF VIRGINIA
This AGREEMENT is made this 30th day of December, 1999, by and between the Rector and
Visitors of the University of Virginia CUVa"), on behalf of its Department of Emergency Medicine ("UVa
Department"), and County of Albemarle Virginia, on behalf of its Fire Rescue Administration Division
("County").
WHEREAS, the County desires an Operational Medical Director COMD") to review and establish
protocols for its Emergency Response Team CERT"), coordinate and maintain the necessary
documentation for certification as required by the Virginia Office of EMS, and review the medical care given
by ERT for appropriateness.
WHEREAS, the UVa Department employs Emergency Medicine board-certified physicians
recognized through the Virginia Office of EMS and the Thomas Jefferson EMS Council as Operational
Medical Directors COMD"), and has the capacity and desire to provide these services to County;
NOW, THEREFORE, in consideration of the common aims, interest, and mutual advantages
accruing to the parties hereto, both parties hereby agree as follows:
Section 1: Duties and Responsibilities of the UVa Department
1) The UVa Department will review the County EMS policies, guidelines, standard operating
procedures, and dispatch protocols as requested.
2) The OMD will participate in a run review and evaluation of EMS provider's performance on an
ongoing basis. The OMD retains the right to limit the scope of practice of any EMS provider. Written
notification of scope of practice limitations will be given to the provider and their agency head.
3) The UVa Department agrees to assign the physician requested by the County, Dr. Sabina
Braithwaite, to serve as OMD and to provide oversight to County and its EMS program. In the event that Dr.
Braithwaite becomes unavailable to provide these services, the UVa Department may provide another
appropriately qualified physician to provide OMD services, subject to prior written approval by the County.
4) The OMD will review training schedules and participate in conducting training programs and skills
evaluations on a monthly basis.
5) The UVa Department will invoice County on a monthly basis for all services provided during the
previous month, in accordance with the terms of this Agreement. An itemized listing of the various charges
and their rates is attached as Appendix A.
6) The OMD will provide any other duties, as required by 12 Virginia Administrative Code 5-30-110(A),
attached as Appendix B, or by any successor statute or regulation.
Section 2: Duties and Responsibilities of County
1) The County agrees to license the ERT and vehicles in accordance with Commonwealth of Virginia
laws and regulations, including but not limited to the Rules and Regulations Governing Emergency Medical
Services promulgated by the Virginia Office of EMS.
2) The County agrees to provide training to EMS providers at the level specific to their level of
certification and require maintenance of current Commonwealth of Virginia certification, in accordance with
August 16, 2000 (Regular Night Meeting)
(Page 10)
Commonwealth of Virginia laws and regulations, including but not limited to the Rules and Regulations
Governing Emergency Medical Services promulgated by the Virginia Office of EMS.
3) The County will require all members to participate in ongoing continuing education classes at levels
consistent with their provider level.
4) The County agrees to operate in accordance with protocols established and approved by the OMD
assigned to this program.
5) The County agrees to develop and revise their standard operating procedures, dispatch protocols,
and general policies in cooperation with the OMD.
6) The County agrees to remit payment to the UVa Department for all services provided under this
Agreement within 30 days of receipt of invoice.
7) The County agrees to select a member of the UVa Department Staff approved as an OMD in the
Thomas Jefferson EMS region to serve as its OMD.
Section 3: General Provisions
1) Insurance and Liability. UVA, at its sole expense, agrees to maintain insurance or other risk
coverage for professional liability and comprehensive general liability in amounts of at least $1.5 million per
occurrence and $3 million in the annual aggregate. County at their sole expense agrees to maintain
insurance or other risk coverage for professional liability and comprehensive general liability in amounts of
at least $1.5 million per occurrence, $3 million in the annual aggregate. Both parties agree to increase
these limits to the minimum required amounts for any renewals of this Agreement as mandated by
legislative actions. At any party's request, another party shall provide a certificate of insurance required by
this Agreement. The parties shall notify the others in writing thirty (30) days prior to termination of any such
insurance coverage.
2) Professional Responsibilities. Each party shall be responsible for its own actions and/or omissions
and is not responsible for the actions and/or omissions of the other parties.
3) Non-Appropriation. Notwithstanding any provision in this Agreement to the contrary, if the County
government fails to appropriate funds for the continuance of this Agreement, the Agreement and all
obligations hereunder shall automatically terminate upon depletion of the then currently appropriated or
allocated funds. The County shall give the UVa Department a minimum of sixty (60) days' prior written
notice in the event of non-appropriation.
4) Waiver. Waiver of breach of any provision of this Agreement shall not be deemed a waiver of any
other breach of the same or different provision.
5) Relationships of the Parties. The parties to this Agreement intend that this Agreement will create a
relationship of independent contractors among them. Nothing in this Agreement shall be construed as, or
be deemed to create among the parties hereto, a relationship of employer and employee, or principal and
agent, or any relationship other than that of independent parties contracting with each other solely for the
purpose of carrying out the provisions of this Agreement. The obligations of each party to this Agreement
shall inure solely to the benefit of the other parties hereto, and no person or entity shall be a third party
beneficiary of this Agreement.
6) Si.qnatorv Authority. Any changes or amendments to this Agreement will become effective only
after signature by the appropriate authority. The Executive Director of UVa and the County Executive of the
County shall have signatory authority. Any change in authority shall be promptly communicated to the other
parties in writing.
7) Notices. Any notice required to be given pursuant to the terms and provisions of this Agreement
shall be in writing and shall be sent by certified or registered mail return receipt requested, postage prepaid,
or by express mail, or by personal hand delivery to the individuals designated by the UVa Department and
the County at the addresses listed below:
If to the UVa Department:
Mr. Kevin C. Pillow
Administrative Manager
P.O. Box 800699
Charlottesville, VA 22908
If to the County:
8) Assignment. This Agreement may not be assigned by any of the parties, nor may any of the parties
delegate or subcontract any of their duties hereunder, without prior written consent of the other parties.
9) Severability. If any provision of this Agreement is held to be unenforceable or otherwise contrary to
any applicable laws, regulations or rules, such provision shall have no effect and shall be severable without
affecting the validity or enforceability of the remaining provisions of this Agreement.
August 16, 2000 (Regular Night Meeting)
(Page 11)
10) Amendment. This Agreement may be amended by the mutual written consent of the parties.
11 ) Entire A.qreement. This Agreement, together with Appendix A, constitutes the entire agreement
between the parties, and as of the effective date hereof supersedes all other agreements and
understandings between the parties with respect to the subject matter hereof.
12) Headin.qs. Headings are solely for convenience and shall not be used in interpreting the text of this
Agreement.
13) Governing Law. This Agreement shall be interpreted and enforced in accordance with the laws of
the Commonwealth of Virginia and any applicable federal law.
14) Independent Contractor Relationship. The services performed under this Agreement are to be
performed as an independent contractor. Consequently, no federal, state or local income tax or payroll tax
of any kind will be withheld or paid by County on behalf of the UVa Department.
15) Income Reportin.q. The UVa Department understands that it is responsible to pay, according to law,
income tax on monies received under this Agreement. County agrees to provide the UVa Department on or
before January 31 of each year a 1099 indicating compensation paid to the UVa Department during the
previous year.
16) Worker's Compensation. No workers' compensation shall be provided to the UVa Department by
County for the performance of services under this Agreement.
Section 4: Term, Termination, and Rate Re-negotiation
1 ) This Agreement will become effective on December 30, 1999 and shall remain in effect for one
year. The Agreement will automatically renew for additional one year terms unless notice of non-renewal is
given to the other party at least sixty (60) days prior to the Agreement end date.
2) Termination for Cause. Any party to this Agreement may terminate this Agreement for cause. In
the event that any party desires to terminate this Agreement for cause, the Agreement shall terminate upon
receipt of written notice from the terminating party. As used in Section 4, "cause" shall mean: (a) a
material breach of the terms of this Agreement, provided, however, that the breaching party fails to cure
such breach within thirty (30) days of receipt of notice of the breach from a non-breaching party; (b) the
occurrence of or criminal indictment for any act or omission by a party that is determined by another non-
breaching party to be detrimental to its reputation, operation or activities; (c) the loss of insurance required
in Section 3.1; or (e) the failure of County to remit payment as specified in Section 2.6.
In testimony whereof, the parties hereto have caused their presence to be signed in their name by
their duly authorized agent.
Appendix A
Rate Schedule for County
Service Provided: Rate Description
Physician Operational Medical Director $100.00 Per Hour
Annual Contract Rate Not to exceed $12,000 Per Annum
Appendix B
12VAC5-30-110. Basic life support requirements.
All EMS agencies which provide basic life support services shall comply with the following requirements:
A. Medical Director - Each EMS agency which provides basic life support services shall be required to have
a minimum of one Operational Medical Director.
1. Such Operational Medical Director shall be a licensed physician and shall be required to meet the
following qualifications.
a. The physician shall seek the endorsement with respect to his qualifications from the local Medical
Society for the position as Operational Medical Director. The physician shall submit the recommendation to
the office of Emergency Medical Services.
b. The office shall require a letter of endorsement from the Regional EMS Council or the local Medical
Society. The local Medical Society shall be notified of an endorsement made by the Regional EMS Council
when no endorsement is available from the Medical Society.
2. The EMS agency shall report the name, address, and telephone number of the Operational Medical
Director to the Commissioner and shall keep such record current.
August 16, 2000 (Regular Night Meeting)
(Page 12)
3. An Operational Medical Director may serve in such capacity to any number of EMS agencies.
4. Responsibilities to the Basic Life Support Medical Director shall include but not be limited to the following:
a. Establishment of cooperative arrangements with participating medical facilities and EMS agencies.
b. Function as a resource to the agency(s) in planning, scheduling, and delivery of training and continuing
education programs for the EMS providers.
c. Periodically conduct a review of the agency(s) activities as they relate to patient care to ensure an
effective quality assurance program.
d. Provide for the establishment of any other rules or regulations to ensure the delivery of proper patient
care within the basic life support agency.
Statutory Authority
§32.1-148 et seq. and Chapter 1.1:1 (§9-6.14:1 et seq.) of Title 9 of the Code of Virginia.
Historical Notes
Derived from VR355-32-01 §3.3; eft. September 1, 1980; revised, eft. July 1, 1990.
Item No. 5.6. Adopt Resolution Approving the Filing of an Application With the Virginia Public
School Authority for a Loan in a Principal Amount not to Exceed $2,605,000.
The executive summary states that funding for the FY 2000/01 Capital Improvement Budget
anticipated the issuance of $2,601,640 in bonds through the Virginia Public School Authority (VPSA) for
various school projects.
Participation in the bond issue requires both the School Board and Board of Supervisors to pass a
resolution authorizing application to VPSA. It is anticipated at this time that the School Board will pass the
resolution at their meeting on August 14, 2000 and the Board of Supervisors on August 16, 2000. The
required application will be submitted to VPSA by their September 1,2000 deadline. A number of actions
(resolutions, public hearings, approvals) will be required between now and November 2000 to meet the
requirements of VPSA and to maintain their time schedule. The required documents will be submitted to
you as received by the Director of Finance from the County's bond counsel.
Staff recommends the passing of the resolution approving the filing of the application with VPSA.
By the above-recorded vote, the Board adopted the following resolution:
At a regular meeting of the Board of Supervisors of AIbemarle County, Virginia, held on the 16th day
of August, 2000, at the time and place established by such Board for its regular meetings, in accordance with
Section 15.2-1416 of the Code of Virginia of 1950, as amended, at which the following members were present
and absent:
PRESENT:
Mr. David P. Bowerman
Ms. Charlotte Y. Humphris
Mr. Charles S. Martin
Mr. Walter F. Perkins
ABSENT:
Mr. Lindsay G. Dorrier, Jr.
Ms. Sally H. Thomas
the following resolution was adopted by the affirmative roll call vote of a majority of all members of the Board,
the ayes and nays being recorded in the minutes of the meeting as shown below:
MEMBER VOTE
Mr. Bowerman Aye
Ms. Humphris Aye
Mr. Martin Aye
Mr. Perkins Aye
RESOLUTION APPROVING THE FILING OF AN
APPLICATION WITH THE VIRGINIA PUBLIC SCHOOL
AUTHORITY FOR A LOAN IN A
PRINCIPAL AMOUNT NOT TO EXCEED $2,605,000
WHEREAS, the Board of Supervisors (the "Board") of Albemarle County, Virginia, (the
"County"), in collaboration with the Albemarle County School Board, has determined that it is necessary and
desirable for the County to undertake various capital improvements for its public school system:
August 16, 2000 (Regular Night Meeting)
(Page 13)
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA:
1. The Board hereby approves the filing of an application with the Virginia Public School Authority for
a loan to the County in a principal amount not to exceed $2,605,000 to finance various capital improvements
for its public school system. The County Executive, in collaboration with the other officers of the County and
the Albemarle County School Board, is hereby authorized and directed to complete an application and deliver
it to the Virginia Public School Authority.
2. This resolution shall take effect immediately.
The undersigned Clerk of the Board of Supervisors of Albemarle County, Virginia, certifies that the
foregoing instrument constitutes a true and correct extract from the minutes of a regular meeting of the Board
held on the 16th day of August, 2000, and of the whole thereof so far as applicable to the matters referred to
in such extract.
Item No. 5.7. Request for Exemption from the Department of Health Rules and Regulations
Governing Emergency Medical Services (EMS).
The executive summary states that State Codes 5.2.C.1 .c and 5.2.C.1 .d state that during
transport:
(c) All Advanced Life Support transports require an Emergency Medical Technician (EMT) as an
attendant in addition to the attendant-in-charge, and
(d) The operator may serve as the attendant, provided he is a certified EMT.
Although these regulations have been in place since July 1, 1990, the state has only recently
begun to enforce them more vigorously. Because of this new approach by the state, County EMS
agencies potentially could be cited for not adhering to these regulations.
Each of the rescue squads serving the County may, at times, have difficulty maintaining such a
high standard for staffing, due to the limited availability of the volunteer members. They are sometimes in
a position of responding to calls with one Advanced Life Support (ALS) technician to provide patient care,
and a driver who is only certified in CPR. They may also have to rely on members of the fire department
to serve as a driver, who may or may not have any additional EMS training.
Albemarle County Fire & Rescue Division provides ALS first response from three of the County
fire stations. At times they may depend on the personnel from the Division to serve as a driver or to serve
as the Attendant-In-Charge (AIC), with only a driver on board the unit. They have been included in this
request to ensure that all agencies serving the citizens of the County meet the same criteria, as closely as
they can.
Staff and the volunteers recommend this Request for Exemption be approved by the Board.
By the above-recorded vote, the Board approved the following Request for Exemption
from the Department of Health Rules and Regulations Governing Emergency Medical Services
(EMS):
"The following agencies, which serve the County of Albemarle, are requesting an
exemption from the Department of Health, Rules and Regulations Governing EMS.
Albemarle County Division of Fire Rescue, Charlottesville-Albemarle Rescue Squad,
Western Albemarle Rescue Squad, and Scottsville Rescue Squad are requesting an
exemption from 5.2.C.1 .c. and 5.2.C.1 .d which state that during transport
(c) All ALS transports require an EMT as an attendant in addition to the
attendant-in charge and (d) The operator may serve as the attendant,
provided he is a certified EMT.
Each of the Rescue Squads serving the County may at times have difficulty maintaining
such a high standard for staffing, due to the limited availability of the volunteer members.
We are sometimes in a position of responding to calls with one Advanced Life Support
technician to provide patient care, and a driver who is only certified in CPR. We may also
have to rely on members of the fire department to serve as a driver, who may or may not
have any additional EMS training.
Albemarle County Fire Rescue Division provides ALS first response from three of the
County fire stations. At times we may depend on the personnel from the Division to
serve as a driver or to serve as the AIC, with only a driver on board the unit. We have
included them in this request to ensure that all of the agencies serving the citizens of the
County meet the same criteria, as closely as they can.
On behalf of the County Board of Supervisors, I would like to express our support of this
August 16, 2000 (Regular Night Meeting)
(Page 14)
request."
Item No. 5.8. Request Support for a Variance to the State Emergency Medical Services (EMS)
Reporting Requirement.
The executive summary states that the Virginia Office of EMS (OEMS) requires that all EMS
agencies file a report for any EMS response unless a variance is issued. Licensed agencies requesting a
variance must have support from the governing body within the jurisdiction they serve to receive the
variance. A variance is being requested until a Countywide reporting system can be implemented. The
State OEMS allows for EMS agencies to report data in one of three ways: bubble sheets, the free State
software, or agency third-party software that captures all state data elements. Both the bubble sheets and
the state software have been found to be inadequate in capturing some eof the required local data needed.
A variance would allow time for the County's software vendor to address both the state and local data
collection needs.
This action will allow each licensed Fire/EMS agency in the County to request a variance to the
EMS reporting requirement until a centralized County Fire/EMS reporting software can be customized and
implemented.
The volunteers recommend the Board approve this Request for Variance.
By the above-recorded vote, the Board approved the following Request for a Variance to the
State Emergency Medical Services (EMS) Reporting Requirement:
On August 16, 2000 the Albemarle County Board of Supervisors voted, by resolution, to support its
licensed volunteer EMS agencies in their effort to apply for an exemption from the new Virginia
EMS reporting requirements.
Item No. 5.9. Appropriation: Bulletproof Vest Grant, $8,135 (Form #99085).
The executive summary states that the Federal Bureau of Justice Assistance has recently started a
program to subsidize the purchase of bulletproof vests. Both the County Police and Sheriff's Departments
have applied for and received approval to purchase bulletproof vests with reimbursement at 50 percent.
The Bureau of Justice Assistance grant is $4,068.00. The Police Department's local match of
$2,906.00 and Sheriff Department's local match of $1,161.00 will be funded from current operations.
Staff recommends approval of Appropriation #990085 in the amount of $8,135.00.
By the above-recorded vote, the Board adopted the following resolution of appropriation:
APPROPRIATION REQUEST
FISCAL YEAR: 99/00
NUMBER: 99085
FUND: GRANT
PURPOSE OF APPROPRIATION:
CODE
1 1241 31020 60100
1 1241 31013 60100
CODE
2 1241 33000 330001
2 1241 51000 510109
GRANT TO FUND PURCHASE OF BULLETPROOF VEST.
EXPENDITURE
DESCRIPTION
Police Supplies-Sheriff
Police Supplies-Police
AMOUNT
$2,322.00
$5,813.00
TOTAL
$8,135.00
REVENUE
DESCRIPTION
Federal Grant
Transfer from Other Funds
AMOUNT
$4,067.95
$4,067.05
TOTAL $8,135.00
Item No. 5.10. Appropriation: QUIP Coordinator Position Transfer, $64,240 (Form #20002).
The executive summary states that the original FY 00/01 budget anticipated that the QUIP
Coordinator would work within the Human Resources Department as a school employee, since all Human
Resources expenses are paid out of the School Fund. To fund general government's share of HR
expenses, the annual budgeted amount is transferred from the General Fund to the School Fund.
However, a decision has been made that the QUIP Coordinator position should be funded within the
General Fund, not the School Fund, since it is not a shared position with the School Division. Tracking the
expenses of this position, as well as other QUIP program costs, will be easier if it is budgeted only within the
August 16, 2000 (Regular Night Meeting)
(Page 15)
General Fund operational budget.
The appropriation request reduces the transfer of funds from the General Fund to the School Fund
and allocates the funds in the General Fund Human Resources cost center. Additionally, unexpended
QUIP training funds in the School Fund from FY 99/00, in the amount of $13,000, are re-appropriated to be
expended in the General Fund in FY 00/01. No additional funds are required.
Staff recommends the Board of Supervisors approve the appropriations as detailed on
Appropriation #20002.
By the above-recorded vote, the Board adopted the following resolution of appropriation:
APPROPRIATION REQUEST
FISCAL YEAR: 00/01
NUMBER: 20002
FUND: GENERAL/SCHOOL
PURPOSE OF APPROPRIATION: ADJUSTMENT TO ORIGINAL BUDGET TO FUND QUIP
COORDINATOR IN GENERAL FUND INSTEAD OF SCHOOL HUMAN RESOURCES.
EXPENDITURE
CODE DESCRIPTION AMOUNT
1 1000 12030 110000 Salaries-Regular $46,239.00
1 1000 12030 210000 FICA 3,537.00
11000 12030 221000 Virginia Retirement System 4,263.00
1 1000 12030 231000 Health Insurance 2,735.00
1 1000 12030 232000 Dental Insurance 97.00
1 1000 12030 241000 VRS Group Life Insurance 370.00
11000 12030 270000 Worker's Compensation 69.00
1 1000 12030 312390 QUIP-Training 14,000.00
1 1000 12030 312390 QUIP-Training 13,000.00
1 1000 12030 332104 Maint. Cont.-DP Equip. 200.00
1 1000 12030 520100 Postal Services 375.00
11000 12030 520300 Telecommunications 635.00
11000 12030 520302 Telephone-Long Distance 155.00
11000 12030 550100 Travel-Mileage 85.00
11000 12030 550400 Travel-Education 360.00
11000 12030 550600 Travel-Subsistence 55.00
11000 12030 580000 Miscellaneous Expenses 1,390.00
1 1000 12030 580100 Dues &memberships 160.00
1 1000 12030 600100 Office supplies 255.00
1 1000 12030 601300 Educ. & rec. Supplies 1,240.00
1 1000 12030 601700 Copy Expense 1,020.00
11000 12030 930002 Transfer to Sch. Fund (63,240.00)
11000 12030 930015 Transfer to Sch. Fund (14,000.00)
1 2420 62140 111400 Salaries-Regular (46,239.00)
1 2420632140 210000 FICA (3,537.00)
1 2420 62140 221000 Virginia Retirement System (4,263.00)
1 2420 62140 231000 Health Insurance (2,735.00)
1 2420 62140 232000 Dental Insurance (97.00)
1 2420 62140 241000 VRS Group Life Insurance (370.00)
1 2420 62140 270000 Worker's Compensation (69.00)
1 2420 62140 331100 Maint. Cont.-DP Equip. (200.00)
1 2420 62140 520100 Postal Services (375.00)
1 2420 62140 520300 Telecommunications (635.00)
1 2420 62140 520302 Telephone-Long Distance (155.00)
1 2420 62140 550100 Travel-Mileage (85.00)
1 2420 62140 550400 Travel-Education (360.00)
1 2420 62140 550600 Travel-Subsistence (55.00)
1 2420 62140 580000 Miscellaneous Expenses (1,390.00)
1 2420 62140 580100 Dues &Memberships (160.00)
1 2420 62140 600100 Office Supplies (255.00)
1 2420 62140 601300 Educ. & Rec. Supplies (1,240.00)
1 2420 62140 601700 Copy Expense (1,020.00)
1 2114 61311 312390 QUIP Training (14,000.00)
TOTAL ($64,240.00)
REVENUE
CODE DESCRIPTION AMOUNT
2 2000 19000 190250 Personnel Services ($63,240.00)
August 16, 2000 (Regular Night Meeting)
(Page 16)
2 2000 19000 190213
2 1000 51000 510100
Media Center ($14,000.00)
G/F Balance 13,000.00
TOTAL ($64,240.00)
Item No. 5.11. Appropriation: Public Safety Communications Grant 01-A3611CP01, $3,500 (Form
#20005).
The executive summary states that this grant was approved by the Virginia Department of Criminal
Justice Services to equip the Crime Prevention Coordinator with an auto-dialer. It will be used with call lists
such as Neighborhood Watch Coordinators, Senior Advisory Council, Police Foundation members, Citizens'
Police Academy attendees, Police Explorer Unit members, etc., for announcements, coordination of events
and activities, alerts and safety notices, and other communications.
The Department of Criminal Justice Services will fund $2,625.00. The $875.00 local match will be
funded from current operations.
Staff recommends approval of appropriation #20005 in the amount of $3,500.00
By the above-recorded vote, the Board adopted the following resolution of appropriation:
APPROPRIATION REQUEST
FISCAL YEAR: 00/01
NUMBER: 20005
FUND: GRANT
PURPOSE OF APPROPRIATION: PUBLIC SAFETY COMMUNICATIONS GRANT.
EXPENDITURE
CODE DESCRIPTION AMOUNT
11529 31013 800300 Communications Equipment $3,500.00
TOTAL $3,500.00
REVENUE
CODE DESCRIPTION AMOUNT
2 1529 24000 240000 State Categorical Aid $2,625.00
2 1529 51000 512004 General Fund Transfer 875.00
TOTAL $3,500.00
Item No. 5.12. Appropriation: Crime Prevention Coordinator Grant 01-D9783, $36,516 (Form
#20006).
The executive summary states that the Police Department has received a renewed grant from the
Virginia Department of Criminal Justice Services to fund a full-time Crime Prevention Coordinator. This is
the third and final renewal of the grant. A civilian employee will fill this position. The employee will
coordinate and manage crime prevention initiatives within the department, as well as coordinate activities
with the community and neighborhood team.
A $27,387.00 Department of Criminal Justice Service's grant and $9,129.00 local match will fund
the Crime Prevention Coordinator position. The local match is funded from current operations.
Staff recommends approval of appropriation #20006 in the amount of $36,516.00.
By the above-recorded vote, the Board adopted the following resolution of appropriation:
APPROPRIATION REQUEST
FISCAL YEAR: 00/01
NUMBER: 20006
FUND: GRANT
PURPOSE OF APPROPRIATION: RENEWAL OF CRIME PREVENTION GRANT
CODE
11525 31011 110000
11525 31011 210000
11525 31011 221000
11525 31011 231000
11525 31011 23200
11525 31011 241000
EXPENDITURE
DESCRIPTION
Police Supplies-Sheriff
FICA
VRS-Retirement
Health Insurance
Dental insurance
VRS-Life Insurance
AMOUNT
$2,322.00
2,146.00
2,339.00
2,760.00
100.00
225.00
August 16, 2000 (Regular Night Meeting)
(Page 17)
11525 31011 600100
Supplies
TOTAL
CODE
2 1525 33000 330001
2 1525 51000 512004
REVENUE
DESCRIPTION
Federal Grant Revenue
General Fund Transfer
897.00
$35,516.00
AMOUNT
$27,387.00
9,129.00
TOTAL $36,516.00
Item No. 5.13. Appropriation: School Resource Officer Grant 01-B3377AD00, $45,785 (Form
#20007).
The executive summary states that 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 percent of salary
and benefits. This is the second year of a three-year renewable grant.
A $34,339.00 grant and local match of $11,446.00 will fund the position. The local match will be
funded by the School Budget. Additional equipment, training, and other operational costs will be funded by
the Police Department budget. An additional appropriation is not required for other operational costs.
Staff recommends approval of appropriation #20007 in the amount of $45,785.00
By the above-recorded vote, the Board adopted the following resolution of appropriation:
APPROPRIATION REQUEST
FISCAL YEAR: 00/01
NUMBER: 20007
FUND: GRANT
PURPOSE OF APPROPRIATION: SCHOOL RESOURCE OFFICE GRANT
CODE
11000 31013 110000
11000 31013 210000
11000 31013 221000
11000 31013 231000
11000 31013 232000
11000 31013 241000
EXPENDITURE
DESCRIPTION AMOUNT
Salaries $36,754.00
FICA 2,812.00
VRS-Retirement 3,065.00
Health Insurance 2,760.00
Dental insurance 100.00
VRS-Life Insurance 294.00
TOTAL $45,785.00
REVENUE
CODE DESCRIPTION AMOUNT
2 1000 33000 330406 SRO Grant $34,339.00
2 1000 51000 510307 School Fund Transfer 11,446.00
TOTAL $45,785.00
Item No. 5.14. Appropriation: Victim Witness Assistance Program Grant, $76,606 (Form #20008).
The executive summary states that this is the third renewal of the Victim Witness Grant, an on-
going program. This grant funds personnel and supplies to provide quality service to victims, particularly in
the area of property crime. It also assists with implementation of the Crime Victim Rights Act.
The state grant totals $76,606.00. There is no local match.
Staff recommends approval of appropriation #20008 in the amount of $76,606.00.
By the above-recorded vote, the Board adopted the following resolution of appropriation:
APPROPRIATION REQUEST
FISCAL YEAR: 00/01
NUMBER: 20008
FUND: GRANT
PURPOSE OF APPROPRIATION: VICTIM WITNESS GRANT
August 16, 2000 (Regular Night Meeting)
(Page 18)
EXPENDITURE
CODE DESCRIPTION AMOUNT
1 1225 31012 110000 Salaries $53,928.00
1 1225 31012 210000 FICA 4,125.00
11225 31012 221000 VRS-Retirement 4,498.00
1 1225 531012 231000 Health Insurance 2,760.00
1 1225 31012 232000 Dental Insurance 100.00
1 1225 31012 241000 VRS-Life Insurance 431.00
1 1225 31012 550000 Travel 3,719.00
1 1225 31012 600100 Office Supplies 7,045.00
TOTAL $76,606.00
REVENUE
CODE DESCRIPTION AMOUNT
2 1225 24000 240500 State Grant $76,606.00
TOTAL $76,606.00
Item No. 5.15. Appropriation: Comprehensive Community Corrections Act Grant 01-E6348,
$564,442 (Form #20009).
The executive summary states that the County of Albemarle serves as fiscal agent for the Jefferson
Area Community Criminal Justice Board (CCJB). In that capacity, the County receives and appropriates
funds awarded to the CCJB by the Department of Criminal Justice Services (DCJS). The County contracts
with community agencies to provide the services stipulated in the grant.
For FY 2000/01, DCJS awarded $564,442.00 to the CCJB to be allocated as follows:
Offender Aid and Restoration for pretrial and community corrections services at the
Albemarle-Charlottesville Regional Jail and community corrections services
at the Central Virginia Regional Jail $443,490.00
Central Virginia Regional Jail for pretrial services 33,066.00
Region Ten Community Services Board for substance abuse treatment 85,886.00
Community Criminal Justice Board for office expenses 2,000.00
Staff recommends approval of appropriation #20009 in the amount of $564,442.00.
By the above-recorded vote, the Board adopted the following resolution of appropriation:
APPROPRIATION REQUEST
FISCAL YEAR: 00/01
NUMBER: 20009
FUND: GRANT
PURPOSE OF APPROPRIATION:
COMPREHENSIVE COMMUNITY CORRECTIONS ACT GRANT
EXPENDITURE
CODE DESCRIPTION AMOUNT
11520 29406 566120 OAR $443,490.00
1 1520 29406 566140 Central Va. Jail 33,066.00
11520 29406 566150 Region Ten 85,886.00
11520 29406 562500 TJ Planning District 2,000.00
CODE
2 1520 24000 240440
TOTAL $564,442.00
REVENUE
DESCRIPTION AMOUNT
State Grant $564,442.00
TOTAL $564,442.00
Item No. 5.16. Copies of draft minutes of the Planning Commission for July 18, July 25 and DISC
Work Session of July 25, and August 8, 2000, were received for information.
Item No. 5.17. Notice from the State Corporation Commission of an Application filed by Virginia
Electric and Power Company (Case No. PUE000343) for Approval of Generation Facilities pursuant to Va
Code §56-580D or, in the Alternative, for approval of expenditures pursuant to Va Code §56-234.3 and for
a Certificate of Public Convenience and Necessity pursuant to Va Code §56-265.2; and (Case No.
August 16, 2000 (Regular Night Meeting)
(Page 19)
PUF000021) for authority under Chapters 3, 4 and 5 of Title 56 of the Code of Va to participate in lease
financing arrangements for construction of generation facilities, and for a declaration of non-jurisdiction,
was received for information.
Item No. 5.18. Copy of Draft Building Rental Policy for community use of school facilities, was
received for information.
Agenda Item No. 6. SP-00-036. Barbara J. Fried Physical Rehab Therapy, LLC (Sign #60). Public
hearing on a request to allow physical therapy business in a home in accord w/Sec 10.2.2.31 of the Zoning
Ord which allows for home occupations Class B. TM 14, P 4, znd RA, contains 318 acs. Located at the
end of Rt 765. White Hall Dist. (Advertised in The Daily Progress on July 31 and August 7, 2000.)
Mr. Benish said the applicant had requested that this item be deferred until September 20, 2000.
Mr. Perkins offered the motion, seconded by Ms. Humphris, defer SP-00-036. Barbara J. Fried
Physical Rehab Therapy, LLC until September 20, 2000. Roll was called and the motion passed by the
following recorded vote:
AYES:
NAYS:
ABSENT:
Ms. Humphris, Mr. Martin, Mr. Perkins, and Mr. Bowerman.
None.
Mr. Dorrier and Ms. Thomas.
Agenda Item No. 7. SP-00-15. CVW Intelos--CV206 (Rt 654) (Sign #30). Public hearing on a
request to attach telecommunications equipment to an existing VEPCO power pole in accord w/Sec
10.2.2.6 of the Zoning Ord. TM 60, P 81, znd RA, contains 1.322 acs. Located on Magnolia Dr off of
Montvue Dr (W of) & (N of) Barracks Rd (Rt 654). This general area lies approx 1 ml W of the intersec of
Barracks Rd & Georgetown Rd. Jack Jouett Dist. Advertised in The Daily Progress on July 31 and August
7, 2000.)
Mr. Benish summarized the staff report, which is on file in the Clerk's office and a permanent part
of the record. He added that since the request was received, the applicant has proposed a new location,
which is 28 feet from the property line, as well as a conceptual plan for landscaping. At its August 8, 2000
meeting, the Planning Commission unanimously recommended approval of SP-00-15 with 12 conditions.
Ms. Paula Figgatt, representing the applicant, said the change in location of the tower was made to
address a property owner's concerns about the tower being located too close to his driveway. She added
that this is the first time the company is "vaulting" cabinets underground.
Mr. Martin opened the public hearing.
With no one rising to speak, Mr. Martin closed the public hearing.
Ms. Humphris said this request, as well as a recent one from the Ivy Creek Methodist Church, has
caused time, money, energy, and emotion to be expended unnecessarily. She said the applicant first
proposed to set the tower in a cemetery, and then behind a stockade-type fence, both of which she found to
be unbelievable requests. This sort of disturbance should be avoided in the future. It might cost the
applicant a bit more money initially, but in the end, money will be saved. She added that the homeowners
association and neighbors now find the present proposal acceptable.
Mr. Bowerman asked if this type of request could fall under the Tier One review, in which
applications are approved administratively by staff. Mr. Benish said that would depend on an applicant's
willingness to cooperate with staff. He noted that this is the first underground structure placed in the
County.
Ms. Humphris said she has heard complaints about the Barracks Road and Pantops Mountain
towers. People have been wondering why the top halves of the towers were installed. Mr. Benish said this
has been a learning experience for everyone.
Ms. Humphris offered the motion, seconded by Mr. Bowerman, to approve SP-00-15, CVW
Intelos--CV206, with the 12 conditions recommended by the Planning Commission. Roll was called and
the motion passed by the following recorded vote:
AYES:
NAYS:
ABSENT:
Ms. Humphris, Mr. Martin, Mr. Perkins, and Mr. Bowerman.
None.
Mr. Dorrier and Ms. Thomas.
Conditions are as follow:
The tower shall be limited to a total of two (2) 40-inch (height) by 10-inch (width) panel
antennas mounted no higher than the existing static lines on the existing tower one-
hundred-twenty (120) feet from the base of the existing tower to the center of the antenna].
August 16, 2000 (Regular Night Meeting)
(Page 20)
No extension above the existing tower height permitted;
The antennas and supporting cables shall be the same color as the existing power line
tower;
Accessory ground equipment/cabinets shall be located underground as depicted in
Attachment F of this report (on file in the Clerk's office). The portion of the ground
equipment located above ground shall be of a earth tone color to minimize visibility of the
structure;
Attachment of the antennas to the power line tower shall be in accord with the plan titled
"CFW Intelos Rt. 654 CV 206, sheet #3, dated 7/10/00 (on file in the Clerk's office);
antennae shall extend no further than fourteen (14) inches from the tower pole;
Planning Department approval of a landscape plan for the substantial screening of the
ground equipment. No fencing of the ground cabinet equipment;
Antennas may be attached to the tower only as follows:
a. Antennas shall be limited to those shown in a plan titled "CFW Intelos, Rt. 654
CV206 ,"
b. Satellite and microwave dish antennas are prohibited;
Each outdoor luminaire shall be fully shielded such that all light emitted is projected below
a horizontal plane running though the lowest part of the shield or shielding part of the
luminaire. For purposes of this condition, a luminaire is a complete lighting unit consisting
of a lamp or lamps together with the parts designed to distribute the light, to position and
protect the lamps, and to connect the lamps to the power supply. Outdoor lighting shall
be limited to periods of maintenance only;
The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the
lease area shall not be required;
The antenna and appurtenant equipment shall be disassembled and removed from the
site within ninety (90) days of the date its use for wireless telecommunications purposes is
discontinued;
10.
The permittee shall submit a report to the zoning administrator once per year, by not later
than July 1 of that year. The report shall identify each user of the tower and shall identify
each user that is a wireless telecommunications service provider;
11. The supporting cable shall be located on the west side of the tower; and
12.
The ground equipment (vault) shall be a minimum of twenty-five (25) feet from the
driveway as shown on Attachment "C" of the staff report dated August 8, 2000 (on file in
the Clerk's office).
Agenda Item No. 8. SP-00-18. CVR-336 Union Run (Signs #36&37). Public hearing on a request
to allow construction of a 65 ft tall wooden telecommunications pole in accord w/Sec (10.2.2.6) of the
Zoning Ord. TM 79, P 10, znd RA & EC, contains 866 acs. Located on the N side of Richmond Rd (Rt 250)
at the intersec with Louisa Rd (Rt 22). Rivanna Dist. Advertised in The Daily Progress on July 31 and
August 7, 2000.)
Mr. Benish summarized the staff report, which is on file in the Clerk's office and a permanent part
of the record. He also showed photographs of a balloon test illustrating views from both Route 250 and
Route 22. At its August 1,2000 meeting, the Planning Commission unanimously recommended approval
of SP-00-15 with 13 conditions.
Ms. Jung Hahn, representing the applicant, also showed a photo simulation of a tower in this
location.
than an
that the
and the
The applicant's attorney, Ms. Valerie Long, said the balloon is six feet in width, so it is much larger
antenna would be. The originally request for a 65-foot pole was changed when it was discovered
surveyors had provided the wrong tree heights. The height of the tower has since been lowered,
applicant proposes to screen the equipment.
Mr. Martin opened the public hearing.
With no one rising to speak, Mr. Martin closed the public hearing.
Mr. Martin said he thought this was an acceptable request.
Mr. Bowerman offered the motion, seconded by Mr. Perkins, to approve SP-00-18, CVR-336
Union Run, with the 13 conditions recommended by the Planning Commission. Roll was called and the
August 16, 2000 (Regular Night Meeting)
(Page 21)
motion passed by the following recorded vote:
AYES:
NAYS:
ABSENT:
Ms. Humphris, Mr. Martin, Mr. Perkins, and Mr. Bowerman.
None.
Mr. Dorrier and Ms. Thomas.
Conditions are as follow:
The tower shall comply with the following conditions of the certificate of Appropriateness:
a. Neither, the height of the wooden monopole nor the antennas shall exceed fifty
(50) feet. The applicant shall provide a certified statement on the height of the
tower.
b. Only flush mounted, panel type antennas shall be used. No antennas that project
out from the pole shall be approved.
c. There shall be no option to co-locate other facilities on this pole;
2. The applicant shall provide a certified statement on the height of the tower;
The tower shall be designed, constructed and maintained as follows:
a. The tower shall not be painted and shall be natural wood color;
b. Guy wires shall not be permitted; and,
c. The tower shall have no lighting;
The tower shall be located on the site as follows:
a. The tower shall be located as shown on the attached plan (on file in the Clerk's
office) entitled "Triton PCS, INC. CV-R-336-G Union Run";
Antennas may be attached to the tower only as follows:
a. Antennas shall be limited to those shown in a plan titled "Triton PCS, INC. CV-R-
336-G Union Run".
b. Satellite and microwave dish antennas are prohibited;
Each outdoor luminaire shall be fully shielded such that all light emitted is projected below
a horizontal plane running though the lowest part of the shield or shielding part of the
luminaire. For purposes of this condition, a luminaire is a complete lighting unit consisting
of a lamp or lamps together with the parts designed to distribute the light, to position and
protect the lamps, and to connect the lamps to the power supply. Outdoor lighting shall
be limited to periods of maintenance only;
Prior to beginning construction or installation of the tower or the equipment building, or
installation of access for vehicles or utilities, a tree conservation plan developed by a
certified arborist, specifying tree protection methods and procedures and identifying any
existing trees to be removed on the site outside the access easement and tower lease
area, shall be submitted to the Director of Planning and Community Development for
approval. All construction or installation associated with the tower and equipment building,
including necessary access for construction or installation, shall be in accordance with this
tree conservation plan. Except for the tree removal expressly authorized by the Director of
Planning and Community Development, the cutting of trees within seventy-five (75) feet of
the tower shall be limited to dead trees and trees of less than six (6) inches in diameter
measured at six (6) inches above the ground, except those trees identified on the plans as
necessary for the establishment of the tower;
The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the
lease area shall not be required;
The tower shall be disassembled and removed from the site within ninety (90) days of the
date its use for wireless telecommunications purposes is discontinued;
]0.
The permittee shall submit a report to the zoning administrator once per year, by not later
than July 1 of that year. The report shall identify each user of the tower and shall identify
each user that is a wireless telecommunications service provider;
No slopes associated with construction of the tower and accessory uses shall be created
that are steeper than 2:1 unless retaining walls, revetments, or other stabilization
measures acceptable to the County Engineer are employed;
]2. The access road shall be built with side slopes on cut and fill slopes at 2:1 or flatter; and,
]3. The access road shall disturb no more than seventy-five (75) feet in cross section.
Agenda Item No. 9. SP-00-025. Woolen Mills Warehouse (Sign #45). Public hearing on a request
to amend SP-97-039 for add'l fill in the flood plain of Moores Creek to accommodate an altered warehouse
August 16, 2000 (Regular Night Meeting)
(Page 22)
site· The site is 7·903 acs & znd LI. TM 77, P 40R. Located on the S sd of Franklin St, between the
Charlottesville City Limit & Moore's Creek. Scottsville Dist. Advertised in The Daily Progress on July 31 and
August 7, 2000.)
Mr. Benish summarized the staff report, which is on file in the Clerk's office and a permanent part
of the record. At its August 1,2000 meeting, the Planning Commission unanimously recommended
approval of SP-00-25 with 2 conditions.
The applicant, Mr. Katurah Roell, said the building is on the fringe of the fillway. The Albemarle
Housing Improvement Program has requested office and warehouse space, as well as parking space,
which is why he wishes to move the location of the building. There is no request for additional entrances to
the water treatment road. Very little additional fill dirt will be required, and what is needed will mostly be
used for the detention pond. The floor elevation will be 330 feet above the flood plain.
Mr. Martin opened the public hearing.
With no one rising to speak, Mr. Martin closed the public hearing.
Ms. Humphris offered the motion, seconded by Mr. Bowerman, to approve SP-00-25, Woolen
Mills Warehouse, with the two conditions recommended by the Planning Commission. Roll was called and
the motion passed by the following recorded vote:
AYES:
NAYS:
ABSENT:
Ms. Humphris, Mr. Martin, Mr. Perkins, and Mr. Bowerman.
None.
Mr. Dorrier and Ms. Thomas.
Conditions are as follow:
Albemarle County Engineering approval of an Erosion and Sediment Control Plan; and,
Water quality measures shall be provided subject to the approval of the Water Resources
Manager.
Agenda Item No. 10. SP-00-032. Free Bridge Auto Sales (Sign #72). Public hearing on a request
to amend SP-92-022 & SP-99-034, in accord w/Sec 30.6.3.2.b of the Zoning Ord, to expand the outdoor
display area of this automobile sales/repair facility. TM 78, P 57B, znd HC & EC, contains 1.132 acs.
Located on the N side of Richmond Rd (Rt 250), ¼ ml Et of its intersec w/Stony Point Rd (Rt 20). (Property
designated Regional Service uses in Neighborhood 3 of the Comp Plan. A Site Development Plan Major
Amendment [SDP-00-062] has also been submitted w/this request.) Rivanna Dist. Advertised in The Daily
Progress on July 31 and August 7, 2000.)
Mr. Benish summarized the staff report, which is on file in the Clerk's office and a permanent part
of the record. At its August 1,2000 meeting, the Planning Commission unanimously recommended
approval of SP-00-032 with four conditions.
The applicant, Mr. Katurah Roell, said that after the previous approval, he was able to purchase
additional property. The additional land will "square up the lot" and permit a new building consisting of
garage and office space.
Mr. Martin opened the public hearing.
With no one rising to speak, Mr. Martin closed the public hearing.
Mr. Martin commented that the Architectural Review Board recommended approval of the request.
He added that car lots are much nicer in appearance than they used to be.
Mr. Perkins offered the motion, seconded by Ms. Humphris, to approve SP-00-032, Free Bridge
Auto Sales, with the four conditions recommended by the Planning Commission. Roll was called and the
motion passed by the following recorded vote:
AYE
NAYS:
ABSENT:
Ms. Humphris, Mr. Martin, Mr. Perkins, and Mr. Bowerman.
None.
Mr. Dorrier and Ms. Thomas.
Conditions are as follow:
a) Relocate the row of thirteen (13) display spaces that is currently located between the
building and the EC and move the building forward on the site to increase the prominence
of the building and decrease the prominence of the parking; OR
b) If the building stays in the location shown on the site plan, additional landscaping beyond
the standard ARB requirements will be required both internally and along both sides of the
property;
Vehicles shall not be elevated;
August 16, 2000 (Regular Night Meeting)
(Page 23)
Use shall not commence until a Certificate of Appropriateness is issued by the ARB for a
site plan, including landscaping and lighting plans; and,
Recordation of a plat combining a 1.132 acre portion of Tax Map 78, Parcel 9 to subject
Parcel 57B as reflected on a copy of a plat by B. Aubrey Huffman & Associates, LTD.,
initialed and dated "Y.A. 7/26/00", filed with SP 00-032 (Attachment D.1 on file in the
Clerk's office).
Agenda Item No. 11. SP-00-035. Roslyn Ridge Office (Sign #99). Public hearing on a request to
allow a 2-story plus attic & basement mixed use bldg w/professional office & residential use in accord
w/Sec 17.2.2.11 of the Zoning Ord which allows for professional offices. TM 61, P 13a, znd R-10, contains
.7 acs. Located on Hydraulic Rd (Rt 43) & is N of Garden Ct & S of Union Ridge Church. Rio Dist.
Advertised in The Daily Progress on July 31 and August 7, 2000.)
Mr. Benish summarized the staff report, which is on file in the Clerk's office and a permanent part
of the record. At its July 18, 2000 meeting, the Planning Commission unanimously recommended approval
of SP-00-035 with four conditions.
Ms. Humphris asked what was the difference between "two stories and an attic" and "three stories".
Mr. Benish said the Commission changed the wording to reflect the fact that they want the structure to look
more like a two-story building with dormers than a three-story structure.
Ms. Humphris said she read Ms. Sprinkle's letter to the applicant, and asked if the Commission had
addressed all the items in the conditions. Mr. Benish said all of the Zoning Department's concerns have
been addressed, except those that can be addressed at the site plan process. Ms. Humphris asked if the
screening is adequate. Mr. Benish replied, "Yes."
Mr. Bowerman asked if the original special use permit called for residents in the attic. Mr. Benish
replied, "No."
The applicant's architect, Mr. Woody Parish, said the site plan shows the office square footage and
the fact that there is sufficient parking. They have not requested parking for intended apartments. The
applicant would like to pursue that option, but there are many issues that first must have to be addressed.
They remain sensitive to buffering issues in keeping with the spirit of the original special use permit, and
have talked with the neighbors regarding some of the site plan details.
Mr. Bowerman asked if the Commission would see the site plan. Mr. Benish replied, "No."
Ms. Humphris asked what "transitional-style" architecture means. Mr. Parish said he had no idea.
He noted that the exterior will be brick, in order to preserve the appearance of a two-story building.
Mr. Martin opened the public hearing.
With no one rising to speak, Mr. Martin closed the public hearing.
Mr. Bowerman said this proposal is an improvement over the original. He asked the applicant to
make sure there is an opportunity for adjacent property owners to ask questions.
Mr. Bowerman offered the motion, seconded by Ms. Humphris, to approve SP-00-35, Roslyn
Ridge Office, with the four conditions recommended by the Planning Commission. Roll was called and the
motion passed by the following recorded vote:
AYES:
NAYS:
ABSENT:
Ms. Humphris, Mr. Martin, Mr. Perkins, and Mr. Bowerman.
None.
Mr. Dorrier and Ms. Thomas.
Conditions are as follow:
An undisturbed buffer strip of minimum fifteen (15) feet in width shall be maintained along both
abutting property lines, with landscaping and screening to be approved with the site plan in
accordance with Section 32.7.9. To the extent feasible, the existing vegetation shall be retained on
the site. The buffer strip abutting Garden Court shall be undisturbed, with existing trees within the
buffer preserved and incorporated into the landscape plan. A six-foot-high opaque fence shall be
placed between the parking lot and the Townwood units;
All exterior lighting shall be full cutoff luminaires if the lamps emit 3,000 or more lumens. All
outdoor lighting shall be arranged or shielded to reflect light away from adjoining residential districts
and away from adjacent streets;
The building shall be no more than three stories in height and designed in keeping with the
character of the area, and consistent with the sketch plan named "Roslyn Ridge Offices" dated
7/11/00; and,
August 16, 2000 (Regular Night Meeting)
(Page 24)
4. Building square footage shall be limited to 8,000 square feet.
Agenda Item No. 12. ZMA-00-01. Covenant Church (Sign # 48). Public hearing on a request to
rezone 0.611 acs from C-1 to CO. TM 61, Ps 154C (portion of). Located on N sd of Rio Rd E & E of the
existing railroad. The subject site is the exiting Covenant Church. (Site is designated for Neighborhood
Service in Urban Neighborhood 2 of the Comp Plan.) Rivanna Dist. Advertised in The Daily Progress on
July 31 and August 7, 2000.)
Mr. Martin said he was going to skip the summary since the Board has already heard this item. It
has only come back before the Board because it was advertised incorrectly. He then opened the public
hearing.
With no one rising to speak, Mr. Martin closed the public hearing.
Ms. Humphris offered the motion, seconded by Mr. Bowerman, to approve ZMA-00-001,
Covenant Church, as proffered. Roll was called and the motion passed by the following recorded vote:
AYES:
NAYS:
ABSENT:
Ms. Humphris, Mr. Martin, Mr. Perkins, and Mr. Bowerman.
None.
Mr. Dorrier and Ms. Thomas.
The proffer is as follows:
Proffer:
Date: June 20, 2000
ZMA #: 00-001
Tax Map and Parcel Number(s): 61-154C
0.611 Acres to be rezoned from C-1 to CO
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized
agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if
rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the
rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable relation
to the rezoning request.
The uses permitted on the property shall be limited to those permitted by right in Sections 23.2.1.4,
23.2.1.7 and 23.2.1.8, and those permitted by special use permit in Section 23.2.2, of the
Albemarle County Zoning Ordinance, as they were in effect June 14, 2000. Copies of the cited
sections are attached hereto (on file in the Clerk's office).
Agenda Item No. 13. Approval of Minutes: March 1, April 12 and April 18(A), 2000.
None were read.
Agenda Item No. 14. Other Matters not Listed on the Agenda from the Board.
There were none.
Agenda Item No. 15. Closed Session: Legal Matters.
At 8:30 p.m., motion was offered by Mr. Bowerman that the Board go into Closed Session
pursuant to Section 2.1-344(A) of the Code of Virginia under subsection (7) to consult with legal counsel
and staff regarding pending litigation relating to the Ivy Landfill. Mr. Perkins seconded the motion. Roll
was called and the motion passed by the following recorded vote:
AYES:
NAYS:
ABSENT:
Ms. Humphris, Mr. Martin, Mr. Perkins, and Mr. Bowerman.
None.
Mr. Dorrier and Ms. Thomas.
Agenda Item No. 15. Certify Closed Session.
At 9:30 p.m., motion was immediately offered by Mr. Bowerman, seconded by Ms. Humphris, that
the Board certify by a recorded vote that to the best of each Board member's knowledge only public
business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of
Information Act and identified in the motion authorizing the closed session were heard, discussed or
considered in the closed session. Roll was called and the motion carried by the following recorded vote:
August 16, 2000 (Regular Night Meeting)
(Page 25)
AYES:
NAYS:
ABSENT:
Ms. Humphris, Mr. Martin, Mr. Perkins, and Mr. Bowerman.
None.
Mr. Dorrier and Ms. Thomas.
Agenda Item No. 16. Adjourn.
With no further business to come before the Board, Mr. Martin adjourned the meeting at
9:30 p.m.