1999-06-02June 2, 1999 (Regular Day Meeting)
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00019
A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on
June 2, 1999, at 9:00 a.m., Room 241, County Office Building, Mclntire Road, Charlottesville, Virginia.
PRESENT: Mr. David P. Bowerman; Ms. Charlotte Y. Humphris; Mr. Charles S. Martin (arrived at
9:55 a.m.); Mr. Walter F. Perkins; and Ms. Sally H. Thomas.
ABSENT: Mr. Forrest R. Marshall, Jr.
OFFICERS PRESENT: County Executive, Mr. Robert W. Tucker, Jr. and County Attorney,
Mr. Larry W. Davis.
Agenda Item No. 1. The meeting was called to order at 9:00 a.m., by the Vice-Chairman,
Ms. Thomas.
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.
There were none.
Agenda Item No. 5. Consent Agenda.
Ms. Humphris offered the motion, seconded by Mr. Bowerman, to approve items 5.1 through
5.10, with condition number one of Item 5.7 amended as shown below, and Item 5.12 pulled from the
consent agenda, and to accept the remaining items for information. Roll was called and the motion
passed by the following recorded vote:
AYES
NAYS:
ABSENT:
Ms. Thomas, Mr. Bowerman, Ms. Humphris and Mr. Perkins.
None.
Mr. Marshall and Mr. Martin.
Item No. 5.1. Adopt Resolution of Appropriation for FY 1999-2000 Operating Budget.
The FY 1999-00 Operating Budget was approved by the Board of Supervisors on
April 14, 1999 in the amount of $146,325,627. The attached FY 1999-00 ResolUtion of Appropriation
provides the Board's authority for the County to spend those funds, effective July 1, 1999.
The executive summary states that the only significant changes to the FY 1999-00 budget
adopted in April are the following:
General Fund
Since the budget was adopted in April, the Compensation Board funded two additional
deputies for the Sheriff's Department. The total cost of the two deputies, including salary,
fringe benefits, operating expenses and vehicles, is $119,250. To offset these deputy costs,
$119,250 in additional revenues have been added to the budget: $50,464 in state funds from
the Compensation Board and $68,786 in local fund balance monies.
School Fund
An additional $36,565 has been added to the School Division budget to reflect the transfer
from the General Fund to the Media Center for the Strategic Planning and Process Reviewer
position and general government tuition reimbursement funds approved by the Board during
the budget process. This additional expenditure is offset by a corresponding increase in
transfer revenue from the General Fund, which was not included in the original School
Division budget.
The revised General Fund budget is $107,964,986, reflecting the $119,250 for the two new Sheriff
deputies.
The revised School Fund budget is $82,804,130, which includes a local transfer of $51,435,564 in
ongoing funds and $250,000 in one-time transfer funds.
School Self-Sustaining Funds total $7,397,890 and have not been revised since the adopted
budget in April.
June 2, 1999 (Regular Day Meeting)
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Debt Service Funds
The School Division Debt Service Fund reflects the use of $8,450,000 from the General Fund
transfer and $296,746 from the debt service reserve funds (which fund debt service, plus
$2,900 in debt-related service fees.) In addition, the School Division Debt Service Fund
reflects $307,394 in debt service payments for PREP and $295,925 for VRS Early Retirement.
With these additional costs, the School Division Debt Service Fund totals $9,350,065 for FY
99/00.
The General Government Debt Service Fund reflects the use of $152,720 in ongoing E-911
revenues and $110,688 in General Fund revenues to finance the debt service payment on the
new 800MHz Radio System. Additionally, the fund reflects the $200,000 in debt service
reserves approved by the Board in budget work sessions to help defray future debt service on
bond referendum projects. Finally, the General Government Debt Service Fund includes
$129,500 for debt service on the IBM mainframe. With these revenues, the General
Government Debt Service Fund totals $592,908.
Other Funds
This year, the "Other Funds" section of this resolution of appropriation includes the
Comprehensive Services Act Fund, totaling $2,931,050; the Bright Stars Program Fund,
totaling $350,917; the Family Support Fund, totaling $761,822; the Tourism Fund, totaling
$709,720; Towe Memorial Park Fund, totaling $198,760; the Emergency Operations Center
Fund, totaling $2,004,275; the E-911 Service Charge Fund, totaling $1,198,466; the Visitor
Center Fund, totaling $68,000; and the Courthouse Maintenance Fund, totaling $41,200.
The FY 1999/00 Resolution of Appropriation appropriates funding in the major categories of
expenditures summarized in the chart below.
Staff recommends aPproval of the Resolution of Appropriation that allocates a total of
$146,481,442 to the General Government and School Division operating budgets, $756,860 in additional
funds for debt service, and a total of $8,264,210 among the various other County funds for the Fiscal Year
1999-00.
By the above-shown vote, the Board adopted the following Resolution of Appropriation:
ANNUAL RESOLUTION OF APPROPRIATION
OF THE COUNTY OF ALBEMARLE
FOR THE FISCAL YEAR ENDING JUNE 30, 2000
A RESOLUTION making appropriations of sums of money for all necessary expenditures of the
COUNTY OF ALBEMARLE, VIRGINIA, for the fiscal year ending June 30, 2000; to prescribe the
provisions with respect to the items of appropriation and their payment; and to repeal all previous
appropriation ordinances or resolutions that are inconsistent with this resolution to the extent of
such inconsistency.
BE IT RESOLVED by the Board of County Supervisors of the COUNTY OF ALBEMARLE,
VIRGINIA:
SECTIONI-GENERAL GOVERNMENT
That the following sums of money be and the same hereby are appropriated from the GENERAL
FUND to be apportioned as follows for the purposes herein specified for the fiscal year ending
June 30, 2000:
Paragraph One: TAX REFUNDS, ABATEMENTS, & OTHER REFUNDS:
I Refunds and Abatements
$26,000
Paragraph Two: GENERAL MANAGEMENT AND SUPPORT
1 Board of Supervisors
2 County Attorney
3 County Executive
4 Finance
5 Human Resources
6 Information Services
7 Voter Registration/Elections
$322,388
$438,913
$633,800
$2,526,74O
$385,680
$1,718,296
$206.878
$6,232,695
$26,000
$6,232,695
June 2, 1999 (Regular Day Meeting)
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Paragraph Three: JUDICIAL
1 Circuit Court
2 Clerk of the Circuit Court
3 Commonwealth's Attorney
4 General District Court
5 Juvenile Court
6 Magistrate
7 Sheriff
$75,126
$546,016
$510,564
$15,330
$119,934
$19,355
$! .147.253
$2,433,578
$2,433,578
Paragraph Four: PUBLIC SAFETY
1 Community Criminal Justice Board
2 Emergency Communications Center (E-911)
3 Fire Department (City)
4 Fire/Rescue Administration
5 Fire/Rescue Credit
6 Forest Fire Extinction Service
7 Inspections
8 Juvenile Detention Home
9 Offender Aid and Restoration (OAR)
10 Police Department
11 Regional Jail Authority
12 SPCA Contract
13 Volunteer Fire Departments (JCFRA)
14 Volunteer Rescue Squads (JCFRA)
$4,170
$1,246,614
$666,535
$1,038,652
$70,OOO
$13,800
$715,137
$123,037
$42,507
$6,875,774
$403,281
$39,315
$735,060
$189,993
$12,163,875
$12,163,875
Paragraph Five: ENGINEERING & PUBLIC WORKS
1 Engineering & Public Works
2 Water Resources Management
Paragraph Six: HUMAN SERVICES
1 Aids Support Group
2 Bright Stars Program
3 Charlottesville/Albemarle Legal Aid Society (CALAS)
4 Charlottesville Free Clinic
5 Children, Youth and Family Services (CYFS)
6 Commission on Children & Families
7 FOCUS - Teensight
8 Health Department
9 Jefferson Area Board on Aging (JABA)
10 JABA - Adult Health Care Facility
11 JAUNT
12 Madison House
13 Music Resource Center
14 Piedmont Virginia Community College (PVCC)
15 Sexual Assault Resource Agency (SARA)
16 Shelter for Help in Emergency (SHE)
17 Social Services
18 Tax Relief for Elderly/Disabled
19 Region Ten Community Services
20 United Way Scholarship Program
Paragraph Seven: PARKS, RECREATION AND CULTURE
1 Darden Towe Memorial Park
2 Jefferson-Madison Regional Library
3 Literacy Volunteers
4 Parks and Recreation
5 Piedmont Council of the Arts
6 Transfer: Tourism
7 Virginia Discovery Museum
8 WVPT Public Television
$2,467,500
$1!5.126
$2,582,626
$3,260
$223,460
$19,510
$5,570
$39,08O
$304,469
$21,215
$746,050
$136,639
$14,400
$330,908
$7,200
$1,000
$10,250
$24,000
$66,573
$5,831,868
$245,000
$312,170
$64,916
$8,407,538
$115,450
$1,861,454
$15,680
$1,267,024
$9,750
$684,720
$9,792
$7.000
$3,970,870
$2,582,626
$8,407,538
$3,970,870
June 2, 1999 (Regular Day Meeting)
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Paragraph Eight: COMMUNITY DEVELOPMENT
1 Acquisition of Conservation Easements Reserve (ACE)
2 Albemarle Housing Improvement Program (AHIP)
3 Housing Office
4 Monticello Area Community Action Agency (MACAA)
5 Piedmont Housing Alliance
6 Planning and Community Development
7 Planning District Commission (TJPDC)
8 Route 29 Bus Service (CTS)
9 Soil and Water Conservation
10 VPI Extension Service
11 Zoning
$150,000
$368,506
$413,152
$96,129
$85,000
$1,421,241
$84,184
$50,500
$46,562
$158,756
$563,064
$3,437,094
$3,437,094
Paragraph Nine: CONTINGENCY RESERVE FUND
1 Compression Reserve
2 Contingency Reserve
$2O2,734
$50.000
$252,734
$252,734
Paragraph Ten: CAPITAL OUTLAYS
1 General Government Capital Improvement Program
$2,157,930
$2,157,930
Paragraph Eleven: REVENUE SHARING AGREEMENT
1 Revenue Sharing Agreement
$5,853,794
$5,853,794
Paragraph Twelve: OTHER USES OF FUNDS
1 General Government Debt Service
2 School Division Debt Service
3 Transfer to School Fund
4 Transfer to School Fund - One Time
$310,688
$8,450,000
$51,435,564
$25O.OO0
$60,446,252
$60,446,252
SUMMARY
Total GENERAL FUND appropriations for the fiscal year
ending June 30, 2000:
To be provided as follows:
Revenue from Local Sources
Revenue from General Fund Balance
Revenue from the Commonwealth
Revenue from the Federal Government
Total GENERAL FUND resources available for fiscal year
ending June 30, 2000:
$97,641,248
$419,065
$6,887,847
$3.016.826
$107,964,986
$107,964,986
$107,964,986
SECTION I1: REGULAR SCHOOL FUND
That the following sums of money be and the same hereby are appropriated for SCHOOL
purposes herein specified to be apportioned as follows for the fiscal year ending June 30, 2000:
Paragraph One: REGULAR SCHOOL FUND
1 Administration, Attendance & Health
2 Debt Service Fund
3 Facilities Construction/Modification
4 Facilities Operation/Maintenance
5 Instruction
6 Pupil Transportation Services
7 Other Uses of Funds
$4,343,208
$295,925
$25,6OO
$7,938,581
$63,917,418
$5,395,016
$888,383
$82,804,130
$82,804,130
June 2, 1999 (Regular Day Meeting)
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SUMMARY
Total REGULAR SCHOOL FUND appropriatiOns for fiscal year
ending June 30, 2000:
To be provided as follows:
Revenue from Local Sources (General Fund Transfer - Ongoing)
Revenue from Local Sources (General Fund Transfer - One Time)
Revenue from Local Sources (Transfer from School ClP Fund)
Revenue from Other Local Sources
Revenue from School Fund Balance, Carry-Over, Transfers
Revenue from the Commonwealth
Revenue from the Federal Government
Total REGULAR SCHOOL FUND resources available for fisCal year
ending June 30, 2000:
$51,435,564
$250,000
$100,000
$626,819
$790,000
$28,453,747
$1.148.000
$82,804,13O
$82,804,130
$82,804,130
SECTION IIh OTHER SCHOOL FUNDS
That the following sums of money be and the same hereby are appropriated for the purposes
herein specified to be apportioned as follows for the fiscal year ending June 30, 2000:
Paragraph One: FOOD SERVICES
1 Maintenance/Operation of School Cafeterias
$2,647,863
$2,647,863
SUMMARY
Total FOOD SERVICES appropriations for fiscal year
ending June 30, 2000:
To be provided as follows:
Revenue from Local Sources
Revenue from the Commonwealth
Revenue from the Federal Government
Total FOOD SERVICES resources available for fiscal year
ending June 30, 2000:
$1,804,906
$50,180
$792.777
$2,647,863
$2,647,863
$2,647,863
Paragraph Two: ALBEMARLE HIGH SCHOOL FOOD SERVICE
1 Food Service $247,513
SUMMARY
Total ALBEMARLE HIGH SCHOOL FOOD SERVICE OPERATIONS appropriations
for fiscal year ending June 30, 2000:
To be provided as follows:
Revenue from Local Sources (Sales) $247,513
Total ALBEMARLE HIGH SCHOOL FOOD SERVICE OPERATIONS res°urces
available for fiscal year ending June 30, 2000:
Paragraph Three: PRE-SCHOOL SPECIAL EDUCATION FUND
1 Special Ed Pre-School Program
$72,457
$247,513
$247,513
$247,513
$72,457
SUMMARY
Total PRE-SCHOOL SPECIAL EDUCATION FUND appropriations for fiscal year
ending June 30, 2000:
$72,457
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00020'l
To be provided as follows:
Revenue from the Federal Government $72,457
Total PRE-SCHOOL SPECIAL EDUCTION FUND resources available for fiscal
year ending June 30, 2000:
$72,457
Paragraph Four: MclNTIRE TRUST FUND
1 Payment to County Schools
SUMMARY
Total MclNTIRE TRUST FUND appropriations for fiscal year
ending June 30, 2000:
To be provided as follows:
Revenue from Investments Per Trust
Total MclNTIRE TRUST FUND resources available for fiscal year
ending June 30, 2000:
$10,000
$10,000
$10,000
$10,000
$10,000
Paragraph Five: PREP pROGRAM
1 C. B. I. P. Severe
2 E. D. Program
SUMMARY
Total PREP PROGRAM appropriations for fiscal year
ending June 30, 2000:
To be provided as follows:
Revenue from Tuition and Fees
Total PREP PROGRAM resources available for fiscal year
ending June 30, 2000:
$646,512
$569,074
$1,215,586
$1,215,886
$1,215,586
$1,215,$86
$1,215,586
Paragraph Six: FEDERAL PROGRAMS
1 Adult Education
2 Carl Perkins
3 Chapter I
4 Chapter II
5 Drug Free Schools
6 Migrant Education
7 Title II
SUMMARY
Total FEDERAL PROGRAMS appropriations for fiscal year
ending June 30, 2000:
To be provided as follows:
Revenue from Local Sources (Transfer from School Fund)
Revenue from the Commonwealth
Revenue from the Federal Government
Total FEDERAL PROGRAMS resources available for fiscal year
ending June 30, 2000:
$59,577
$120,000
$658,54O
$45,896
$42,2O2
$144,000
$38,801
$1,109,016
$4,873
$96,906
$1.007,237
$1,109,016
$1,109,016
$1,109,016
$1,109,016
Paragraph Seven: COMMUNITY EDUCATION FUND
1 Community Education
$1,493,898
$1,493,898
June 2, 1999 (Regular Day Meeting)
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SUMMARY
Total COMMUNITY EDUCATION FUND appropriations for fiscal year
ending June 30, 2000:
To be provided as follows:
Revenue from Local Sources - Tuition
Revenue from Local Sources - Miscellaneous Revenue
Revenue from Local Sources - Driver's Education Fees
Revenue from the Commonwealth
Total COMMUNITY EDUCATION FUND resources available for fiscal
ending June 30, 2000:
$1,378,868
$2,987
$96,805
$15.238
$1,493,898
$1,493,898
$1,493,898
Paragraph Eight: SUMMER SCHOOL
1 Summer School
SUMMARY
Total SUMMER SCHOOL appropriations for fiscal year
ending June 30, 2000:
To be provided as follows: '
Revenue from Local Sources (Transfer from School Fund)
Revenue from Local Sources - Tuition
Miscellaneous Revenues
Revenue from the Commonwealth
Total SUMMER SCHOOL resources available for fiscal year
ending June 30, 2000:
$506,900
$243,243
$156,147
$7,511
$100,000
$506,900
Paragraph Nine: SCHOOL BUS REPLACEMENT
1 School Bus Replacement
SUMMARY
Total SCHOOL BUS REPLACEMENT appropriations for fiscal year
ending June 30, 2000:
To be provided as follows:
Revenue from Local Sources (Sale of Vehicles)
Revenue from Local Sources (Transfer from School Fund)
Total SCHOOL BUS REPLACEMENT resources available for fiscal year
ending June 30, 2000:
$152,497
$11,500
$140~997
$152,497
$506,900
$506,900
$506,900
$152,497
$152,497
$152,497
Paragraph Ten: SUMMER FEEDING PROGRAM FUND
I Food Service
SUMMARY
Total SUMMER FEEDING PROGRAM FUND appropriations for fiscal year
ending June 30, 2000:
To be provided as follows:
Revenue from Local Sources (Sales)
Revenue from the Federal Government
$38,700
$9,400
$29,300
$38,700
$38,700
$38,700
Total SUMMER FEEDING PROGRAM FUND resources available for fiscal
ending June 30, 2000: $38,700
June 2, 1999 (Regular Day Meeting)
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Paragraph Eleven: RETURN II GRANT FUND
1 Return II State Grant
SUMMARY
Total RETURN II GRANT FUND appropriations for fiscal year
ending June 30, 2000:
To be provided as follows:
Miscellaneous Revenues
Local Revenue (Transfer from the School Fund)
Revenue from the Commonwealth
Total RETURN II GRANT FUND resources available for fiscal
ending June 30, 2000:
$53,666
$11,520
$6,093
$36.053
$53,666
$53,666
$53,666
$53,666
Paragraph Twelve: ALCOA FOUNDATION EDUCATOR-IN-RESIDENCE FUND
1 ALCOA Foundation Educator-in-Residence $45,000
SUMMARY
Total ALCOA FOUNDATION EDUCATOR-IN-RESIDENCE FUND appropriations for
fiscal year ending June 30, 2000:
To be provided as follows:
Revenue from Local Sources $45,000
Total ALCOA FOUNDATION EDUCATOR-IN-RESIDENCE FUND resources
available for fiscal year ending June 30, 2000:
Paragraph Thirteen: INTERNAL SERVICE - VEHICLE MAINTENANCE FUND
1 Vehicle Maintenance
SUMMARY
Total INTERNAL SERVICE VEHICLE MAINTENANCE FUND appropriations for
fiscal year ending June 30, 2000:
To be provided as follows:
Revenue from Local Sources
Total INTERNAL SERVICE VEHICLE MAINTENANCE FUND resources
available for fiscal year ending June 30, 2000:
$200,000
$200,000
$45,000
$45,000
$45,000
$200,000
$200,000
$200,000
SECTION IV: DEBT SERVICE
That the following sums of money be and the same hereby are appropriated for
the function of DEBT SERVICE to be apportioned as follows from the GENERAL GOVERNMENT
DEBT SERVICE FUND and the SCHOOL DIVISION DEBT SERVICE FUND for the fiscal year
ending June 30, 2000:
Paragraph One: SCHOOL DIVISION DEBT SERVICE FUND
I Debt Service Payments - School Division
2 Debt Service Payments - PREP
3 Debt Service Fees
4 VRS Early Retirement
$8,743,846
$3O7,394
$2,90O
$295.925
$9,350,065
SUMMARY
$9,350,065
Total SCHOOL DIVISION DEBT SERVICE appropriations for fiscal year
ending June 30, 2000: $9,350,065
June 2, 1999 (Regular Day Meeting)
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To be provided as follows:
Revenue from Local Sources (Transfer from General Fund)
Revenue from Local Sources (Debt Service Reserve)
Revenue from Local Sources (Transfer from School Fund)
Revenue from Local Sources (PREP Fees)
$8,450,000
$296,746
$295,925
$307.394
$9,350,065
Total SCHOOL DIVISION DEBT SERVICE resources available for fiscal year
ending June 30, 2000:
$9,350,065
Paragraph Two: GENERAL GOVERNMENT DEBT SERVICE FUND
1 Debt Service Payment ~ 800MHz Radio System
2 Debt Service Payment- IBM Mainframe
3 Debt Service Reserve
$263,408
$129,500
$200,000
$592,908
$592,908
SUMMARY
Total GENERAL GOVERNMENT DEBT SERVICE appropriations for fiscal year
ending June 30, 2000:
To be provided as follows:
Revenue from Local Sources (Transfer from Gen. Fund - 800MHz)
Revenue from Local Sources (Transfer from Gen. Fund - IBM)
Revenue from Local Sources (Transfer from Gen. Fund - Reserve)
Revenue from Local Sources (E-911 Funds - Ongoing)
$110,688
$129,500
$200,000
$152,720
$592,908
Total GENERAL GOVERNMENT DEBT SERVICE resources available for
fiscal year ending June 30, 2000:
$592,908
$592,908
Appropriations:
Section I
Section II
Section III
Section IV
TOTAL APPROPRIATIONS MENTIONED IN
SECTIONS I - IV OF THIS RESOLUTION
FOR THE FISCAL YEAR ENDING JUNE 30, 2000
RECAPITULATION:
Geneml Fund
School Fund
Other School Funds
Debt Service Funds
Less Inter-Fund Transfers
General Fund to School Fund
General Fund to School Debt Service Fund
General Fund to General Government Debt Service Fund
School Fund to Debt Service Fund
School Fund to Self-Sustaining Funds
Less Use of Other Funds for Debt Service
PREP Debt Service
School Debt Service Reserve
E-911 Surcharge Funds for General Government Debt Service
$107,964,986
$82~804,130
$7,793,O96
$9.942.973
$208,505,185
($51,685,564)
($8,450,000)
($440,188)
($295,925)
($395.206)
($61,266,883)
($307,394)
($296,746)
($152,720)
($756,860)
$208,505,185
($61,266,883)
($756,860)
GRAND TOTAL $146,481,442
June 2, 1999 (Regular Day Meeting)
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OOO20S
SECTION V: OTHER FUNDS
That the following sums of money be and the same hereby are appropriated for OTHER
purposes herein specified to be apportioned as follows for the fiscal year ending June 30, 2000.
Paragraph One: COMPREHENSIVE SERVICES ACT FUND
1 Comprehensive Services Act Expenditures
SUMMARY
Total COMPREHENSIVE SERVICES ACT appropriations for fiscal year
ending June 30, 2000:
To be provided as follows:
Revenue from Local Sources (Transfer from General Fund)
Revenue from Local Sources (School Fund)
Revenue from the Commonwealth
$2,931,050
$915,000
$4OO,OOO
$1,616,050
$2,931,050
Total COMPREHENSIVE SERVICES ACT resources available for fiscal year
ending June 30, 2000:
$2,931,050
$2,931,050
$2,931,050
Paragraph Two: BRIGHT STARS 4 YEAR OLD PROGRAM FUND
1 Bright Stars Program $350,917
SUMMARY
Total BRIGHT STARS 4 YEAR OLD PROGRAM FUND appropriations for fiscal year ending
June 30, 2000:
To be provided as follows:
Revenue from Local Sources (Transfer from General Fund)
Other Local Revenue
Revenue from the Commonwealth
$223,460
$7,440
$120,017
$350,917
Total BRIGHT STARS 4 YEAR OLD PROGRAM FUND resources available
for fiscal year ending June 30, 2000:
$350,917
$350,917
$350,917
Paragraph Three: FAMILY SUPPORT FUND
1 Family Support Program
SUMMARY
Total FAMILY SUPPORT FUND appropriations for fiscal year ending
June 30, 2000:
To be provided as follows:
Revenue from the Federal Government
Total FAMILIY SUPPORT FUND resources available
for fiscal year ending June 30, 2000:
Paragraph Three: TOURISM FUND
1 Rivanna Greenway Development
2 River Access Improvements
3 Tourism Development
4 Tourism Projects
5 Virginia Festival of the Book
6 Virginia Film Festival
7 Visitor's Bureau
$761,822
$761.822
$761,822
$50,000
$30,000
$150,000
$330,470
$10,000
$10,000
$129.250
$709,720
$761,822
$761,822
$761,822
$709,720
June 2, 1999 (Regular Day Meeting)
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SUMMARY
Total TOURISM FUND appropriations for fiscal year ending June 30, 2000:
To be provided as follows:
Revenue from Local Sources (Transfer from General Fund)
Revenue from the Commonwealth (Grant Revenue) ~
Total TOURISM FUND resources available for fiscal year
ending June 30, 2000:
$684,720
$25,000
$709,72O
$709,720
$709,720
Paragraph Four: TOWE MEMORIAL PARK FUND
1 Darden Towe Memorial Park
$198,760
SUMMARY
Total TOWE MEMORIAL PARK FUND appropriations for fiscal year ending
June 30, 2000:
To be provided as follows:
Revenue from Local Sources (General Fund)
Miscellaneous Local Revenue
City of Charlottesville
$115,450
$17,800
$65,510
$198,760
Total TOWE MEMORIAL PARK FUND resources available for fiscal year
ending June 30, 2000:
$198,760
$198,760
$198,760
Paragraph Five: EMERGENCY OPERATIONS CENTER FUND
1 Emergency Communications Center Operations
$2,004,275
SUMMARY
TOTAL EMERGENCY OPERATIONS CENTER FUND appropriations for fiscal year ending
June 30, 2000:
To be provided as follows:
Revenue from Local Sources (General Fund)
City of Charlottesville
University of Virginia
Miscellaneous Local Revenue
Federal Revenue
Fund Balance
$931,692
$897,186
$140,197
$2,000
$8,200
$25,000
$2,004,275
Total EMERGENCY OPERATIONS CENTER FUND resources available
for fiscal year ending June 30, 2000:
$2,004,275
$2,004,276
$2,004,275
Paragraph Six: E-911 SERVICE CHARGE FUND
1 Transfer to General Fund
2 Transfer to General Government Debt Service Fund- Ongoing
SUMMARY
TOTAL E-911 SERVICE CHARGE FUND appropriations for fiscal year ending
June 30, 2000:
To be provided as follows:
Revenue From Local Sources
Total E-911 SERVICE CHARGE FUND resources available
for fiscal year ending June 30, 2000:
$1,045,746
$152.720
$1,198,466
$1,198,466
$1,198,466
$1,198,466
$1,198,466
June 2, 1999 (Regular Day Meeting)
(Page 12)
00020:7
Paragraph Seven: VISITOR CENTER FUND
1 Debt Service
SUMMARY
TOTAL VISITOR CENTER FUND appropriations for fiscal year ending
June 30, 2000:
To be provided as follows:
Revenue from Local Sources
Total VISITOR CENTER FUND resources available
for fiscal year ending June 30, 2000:
$68,000
$68,000
$68,000
$68,000
$68,000
Paragraph Eight: COURTHOUSE MAINTENANCE FUND
1 Transfer to General Government ClP Fund
SUMMARY
TOTAL COURTHOUSE MAINTENANCE FUND appropriations for
fiscal year ending June 30, 2000:
To be provided as follows:
Revenue from Local Sources
Total COURTHOUSE MAINTENANCE FUND resources available
for fiscal year ending June 30, 2000:
$41,200
$41,200
$41,200
$41,200
$41,200
BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to transfer monies
from one fund to another, from time to time as monies become available, sums equal to, but not in excess
of, the appropriations made to these funds for the period covered by this resolution of appropriation. The
Director of Finance (Melvin A. Breeden) and Clerk to the Board of Supervisors (Ella W. Carey) are hereby
designated as authorized signatories for all bank accounts.
SECTION VI
All of the monies appropriated as shown by the contained items in Sections I through V are
appropriated upon the provisos, terms, conditions, and provisions herein before set forth in connection
with said terms and those set forth in this section.
Paragraph One
Subject to the qualifications in this resolution contained, all appropriations are declared to be
maximum, conditional and proportionate appropriations-the purpose being to make the appropriations
payable in full in the amount named herein if necessary and then only in the event the aggregate revenues
collected and available during the fiscal year for which the appropriations are made are sufficient to pay all
of the appropriations in full.
Otherwise, the said appropriations shall be deemed to be payable in such proportion as the total
sum of all realized revenue of the respective funds is to the total amount of revenue estimated to be
available in the said fiscal year by the Board of Supervisors.
Paragraph Two
All revenue received by any agency under the control of the Board of Supervisors or by the
School Board or by the Social Services Board not included in its estimate of revenue for the financing of
the fund budget as submitted to the Board of Supervisors may not be expended by the said agency under
the control of the Board of Supervisors or by the School Board or by the Social Services Board without the
consent of the Board of Supervisors being first obtained, nor may any of these agencies or boards make
expenditures which will exceed a specific item of an appropriation.
June 2, 1999 (Regular Day Meeting)
(Page 13)
000 08
Paragraph Three
All balances of appropriations at the close of business on the thirtieth (30th) day of June, 2000,
are hereby declared to be lapsed into the County treasury and shall be used for the payment of the
appropriations which may be made in the resolution of appropriation for the next fiscal year, beginning
July 1, 2000. Any balance available shall be used in financing the proposed expenditures of the
respective funds for the next fiscal year.
Paragraph Four
No obligations for goods, materials, supplies, equipment or contractual services for any purpose
may be incurred by any department, bureau, agency, or individual under the direct control of the Board of
Supervisors except by requisition to the purchasing agent; provided, however, no requisition for items
exempted by the Albemarle County Purchasing Manual shall be required; and provided further that no
requisition for contractual services involving the issuance of a contract on a competitive bid basis shall be
required, but such contract shall be approved by the head of the contracting department, bureau, agency,
or individual, the County Attorney and the Purchasing Agent or Director of Finance. The Purchasing
Agent shall be responsible for securing such competitive bids on the basis of specification furnished by the
contracting department, bureau, agency or individual.
In the event of the failure for any reason of approval herein required for such contracts, said
contract shall be awarded through appropriate action of the Board of Supervisors.
Any obligations incurred contrary to the purchasinq procedures prescribed in the Albemarle
County Purchasing Manual shall not be considered obliqations of the County, and the Director of Finance
shall not issue any warrants in payment of such obliqations.
Paragraph Five
Allowances out of any of the appropriations made in this resolution by any or all County
departments, bureaus, or agencies under the control of the Board of Supervisors to any of their officers
and employees for expense on account of the use of such officers and employees of their personal
automobiles in the discharge of their official duties shall be paid at the same rate as that established by
the State of Virginia for its employees and shall be subject to change from time to time to maintain like
rates.
Paragraph Six
All travel expense accounts shall be submitted on forms and according to regulations prescribed
or approved by the Director of Finance.
Paragraph Seven
All previous appropriation ordinances or resolutions to the extent that they are inconsistent with
the provisions of this resolution shall be and the same are hereby repealed.
Paragraph Eight
This resolution shall become effective on July first, nineteen hundred and ninety-nine.
Item No. 5.2. Adopt Resolution of Appropriation for FY 1999-2000 Capital Improvements Budget
and Resolution of Official Intent for use of VPSA Bond Proceeds.
The executive summary states that the FY 1999-00 Capital Improvements Budget was approved
by the Board of Supervisors on April 14, 1999 in the amount of $7,650,660:$3,734,855 to the General
Government Capital Improvements Fund, $80,000 to the Tourism Fund for capital projects, and
$3,835,805 to the School Division Capital Improvement Fund.
The Resolution of Appropriation reflects the following two changes to the Board's approved CIP
budget for FY 99/00:
In the FY00 School Division budget, the School Board approved the transfer of $100,000 from
the School Division Capital Improvements Fund to the School Operating Fund. This additional
$100,000 is reflected as a "Transfer to School Fund" (#10) under Section II and is balanced
by adding $100,000 to the originally budgeted fund balance of $500,000 for a total School
Division CIP fund balance of $600,000 for FY00.
The Juvenile Detention project has been deleted from the FY00 General Government Capital
Improvements budget, since the Blue Ridge Juvenile Detention Commission now has the
financial authority to borrow and expend funds for the facility. Although the County will pay its
share of the principal and interest payments on the Commission's loan, it is no longer
000209
June 2, 1999 (Regular Day Meeting)
(Page 14)
necessary to include the Juvenile Detention proiect in the County's CIP. Therefore, total
project expenditures have been reduced by $1,465,725 with an offsetting reduction of
$1,465,725 in anticipated borrowed funds.
The revised Capital Improvements budget totals $6,204,935 and reflects the proposed $100,000
transfer from the School Division CIP fund to the School Operating Fund, as well as the reduction of
$1,465,725 for the Juvenile Detention facility. The revised School Division CIP budget totals $3,935,805,
and the revised General Government CIP fund totals $2,269,130. The Tourism and Debt Service funds
have been appropriated as part of the FY 1998/99 Operating Budget resolution of appropriation.
Staff recommends approval of the below Resolution of Appropriation for the FY 1999-00 Capital
Improvements Program and the Resolution of Intent which allows the County to be reimbursed by VPSA
bond proceeds for prior school project expenditures incurred over the summer.
By the above-shown vote, the Board adopted the following Resolution of Appropriation
and Resolution of Intent to Reimburse Expenditures for Various Public Improvements with
Proceeds of Bonds:
COUNTY OF ALBEMARLE
ANNUAL APPROPRIATION RESOLUTION
CAPITAL IMPROVEMENTS PROGRAM
FOR THE FISCAL YEAR ENDING JUNE 30, 2000
A RESOLUTION making appropriations of sums of money for all necessary expenditures of the
COUNTY OF ALBEMARLE, VIRGINIA, CAPITAL IMPROVEMENTS PROGRAM for the fiscal year
ending June 30, 2000; to prescribe the provisos, terms, conditions and provisions with respect
to the items of appropriation and their payment; and to repeal all resolutions wholly in conflict
with this resolution and all resolutions inconsistent with this resolution to the extent of such
inconsistency.
BE IT RESOLVED by the Board of County Supervisors of the COUNTY OF
ALBEMARLE, VIRGINIA:
SECTION I - GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND
That the following sums of money be and the same hereby are appropriated from the GENERAL
GOVERNMENT CAPITAL IMPROVEMENTS FUND to be apportioned as follows for the purposes herein
specified for the fiscal year ending June 30, 2000:
Paragraph One: ADMINISTRATION AND COURTS
1 County Computer Upgrade
2 County Facilities Maintenace/Replacement Projects
3 Court Square Maintenance/Replacement Projects
4 J&D Court Maintenance/Replacement Projects
$185,000
$824,160
$50,000
$15,000
$1,074,160
$1,074,160
Paragraph Two: FIRE, RESCUE AND SAFETY
1 Fire/Rescue Building and Equipment Fund
2 Public Safety Facility
$215,384
$30.000
$245,384
$245,384
Paragraph Three: HIGHWAYS AND TRANSPORTATION
1 Greenbrier Drive Pedestrian/Bike Path
2 Revenue Sharing Road Projects
Paragraph Four: LIBRARIES
1 Library Computer Upgrade
2 Library Maintenance/Replacement Projects
$75,000
$400,000
$475,000
$98,953
$25,000
$123,953
$475,000
$123,953
Paragraph Five: PARKS AND RECREATION
1 County Athletic Field Study/Development
2 Crozet Park Athletic Field Development
3 Parks & Rec. Maintenance/Replacement Projects
$45,000
$128,000
$21,730
$275,633
June 2, 1999 (Regular Day Meeting)
(Page 15)
000210
4 PVCC Facility Renovation
5 Scottsville Community Center Improvements
6 Southern Albemarle Organization Park Development
7 Walnut Creek Park Improvements
Paragraph Six: UTILITY IMPROVEMENTS
1 Keene Landfill Closure
$18,618
$12,785
$25,O00
$24.5OO
$275,633
$75,000
$76,000
SUMMARY
Total GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND
appropriations for fiscal year ending June 30, 2000:
To be provided as follows:
CIP Fund Balance
Courthouse Maintenance Funds
Interest
Transfer from General Fund - General Govt. CIP
$20,000
$41,200
SS0,000
$2.157.930
$2,269,130
Total GENERAL GOVERNMENTCAPITAL IMPROVEMENTS FUND
resources available for fiscal year ending June 30, 2000:
$2,269,130
$2,269,130
SECTION Ih SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND
That the following sums of money be and the same hereby are appropriated from the SCHOOL
DIVISION CAPITAL IMPROVEMENTS FUND for the purposes herein specified to be apportioned as
follows for the fiscal year ending June 30, 2000:
Paragraph One: EDUCATION (SCHOOL DIVISION)
$3,936,805
1 ADA Structural Improvements $30,000
2 Administrative Technology (Schools) $70,000
3 Burley Library Additions/Renovations $300,000
4 CATEC Cosmetology Lab $38,234
5 instructional Technology $439,700
6 Northern Area Elementary $971,504
7 Northern Area Elementary Recreation $300,000
8 School Maintenance/Replacement Projects $1,184,367
9 WAHS Renovations $502,000
0 Transfer to School Fund (Operations) $100.000
$3,935,805
SUMMARY
Total SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND
appropriations for fiscal year ending June 30, 2000:
$3,935,805
To be provided as follows:
CIP Fund Balance $600,000
Interest Earned $100,000
State Construction Funds $400,000
VPSA Bonds $2.835,806
$3,935,80,5
Total SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND
resources available for fiscal year ending June 30, 2000:
$3,935,805
TOTAL APPROPRIATIONS MENTIONED IN
SECTIONS I - II IN THIS RESOLUTION
FOR THE FISCAL YEAR ENDING JUNE 30, 2000
TOTAL APPROPRIATIONS $6,204,936
June 2, 1999 (Regular Day Meeting)
(Page 16)
O0021i
Section I
Section II
General Government Improvements Fund
School Division Capital Improvements Fund
$2,269,130
$3,935,805
$6,204,935
GRAND TOTAL APPROPRIATIONS
$6,204,935
SECTION III
All of the monies appropriated as shown by the contained items in Sections I and II are appropriated
upon the provisos, terms, conditions, and provisions herein before set forth in connection with said terms and
those set forth in this section.
Paragraph One
Subject to the qualifications in this resolution contained, all appropriations are declared to be
maximum, conditional and proportionate appropriations--the purpose being to make the appropriations
payable in full in the amount named herein if necessary and then only in the event the aggregate revenues
collected and available during the fiscal year for which the appropriations are made are sufficient to pay all
of the appropriations in full.
Otherwise, the said appropriationsshall be deemed to be payable in such proportion as the total sum
of all realized revenue of the respective funds is to the total amount of revenue estimated to be available in
the said fiscal year by the Board of Supervisors.
Paragraph Two
All revenue received by any agency under the control of the Board of Supervisors included in its
estimate of revenue for the financing of the fund budget as submitted to the Board of Supervisors may not be
expended by the said agency under the control of the Board of Supervisors without the consent of the Board
of Supervisors being first obtained, nor may any of these agencies or boards make expenditures which will
exceed a specific item of an appropriation.
Paragraph Three
No obligations for goods, materials, supplies, equipment or contractual services for any purpose may
be incurred by any department, bureau, agency, or individual under the direct control of the Board of
Supervisors except by requisition to the purchasing agent; provided, however, no requisition for items
exempted by the Albemarle County Purchasing Manual shall be required; and provided further that no
requisition for contractual services involving the issuance of a contract On a competitive bid basis shall be
required, but such contract shall be approved by the head of the contracting department, bureau, agency, or
individual, the County Attorney and the Purchasing Agent or Director of Finance. The Purchasing Agent shall
be responsible for securing such competitive bids on the basis of specification furnished by the contracting
department, bureau, agency or individual.
In the event of the failure for any reason of approval herein required for such contracts, said contract
shall be awarded through appropriate action of the Board of Supervisors.
Any obligations incurred contrary to the purchasing procedures prescribed in the Albemarle County
Purchasinq Manual shall not be considered obliqations of the County, and the DirectOr of Finance shall not
issue any warrants in payment of such obligations
Paragraph Four
Allowances out of any of the appropriations made in this resolution by any or all County departments,
bureaus, or agencies under the control of the Board of Supervisors to any of their officers and employees for
expense on account of the use of such officers and employees of their personal automobiles in the discharge
of their official duties shall be paid at the same rate as that established by the State of Virginia for its
employees and shall be subject to change from time to time to maintain like rates.
Paragraph Five
All travel expense accounts shall be submitted on forms and according to regulations prescribed or
approved by the Director of Finance.
June 2, 1999 (Regular Day Meeting)
(Page 17)
0002 .2
Paragraph Six
All resolutions and parts of resolutions inconsistent with the provisions of this resolution shall be and
the same are hereby repealed.
Paragraph Seven
This resolution shall become effective on July first, nineteen hundred and ninety-nine.
RESOLUTION OF OFFICIAL INTENT TO REMBURSE EXPENDITURES FOR VARIOus PUBLIC
IMPROVEMENTS WITH PROCEEDS OF BONDS
WHEREAS, the Board of Supervisors of Albemarle County, Virginia (the "County"), intends to undertake
various improvements to its public school system as described on Exhibit A attached hereto (the
"Project"); and
WHEREAS, the County intends to pay costs of the Project prior to the issuance of the Bonds, as
hereinafter defined, and to receive reimbursement for such expenditures from proceeds of the sale of the
Bonds;
BE IT RESVOLVED BY THE BOARD OF SUPERVISORS OF ABLEMARLE COUNTY:
(1)
The County intends to finance the Projectthrough the issuance of bonds in an amount not
to exceed $2,835,805 (the "Bonds").
(2)
The County intends to receive reimbursement from proceeds of the sale of the Bonds for
costs of the Project paid by the County prior to the issuance of the Bonds.
(3)
The County intends that the adoption of this resolution be considered as "official intent"
within the meaning of Treasury Regulations Section 1.150-2 promulgated under the
Internal Revenue Code of 1986, as amended.
Exhibit A
PUBLIC SCHOOL IMPROVEMENT PROGRAM
BONDED SCHOOL PROJECTS
Description
Amount
1 ADA Structural Improvements
2 Burley Library Additions/Renovations
3 CATEC Cosmetology Lab
4 Northern Area Elementary
5 Northern Area Elementary Recreation
6 School Maintenance/Replacement Projects
7 WAHS Renovation
$ 30,000
300,000
38,234
971,504
300,000
694,067
502,000
$2,835,805
Item No. 5.3. Appropriation: Tourism and Capitallmprovements Program Funds, S177,000
(Form #98072).
The executive summary states that over the last several years, funds have been allocated and set
aside for the Rivanna Greenway. This project was originally funded in FY 1996/97 with $100,000 from the
Capital Improvements Fund and again in FY 1997/98 with $167,000 in the Tourism Fund.
Since the Rivanna Greenway project is eligible for funding from tourism funds, it is recommended
that the $100,000 in FY 96/97 Capital Improvemehts Program funds be replaced by using a portion of the
Tourism Fund Balance projected to be $490,000 by June 30, 1999. This action will allow the $100,000 in
CIP funds for other projects unrelated to tourism and provide some contingency funds in the CIP, which
currently has a very small fund balance. In addition, the FY 1997/98 allocation of $167,000 in the Tourism
Fund was never appropriated into the current fiscal year and should be done at this time.
Also, prior funding for the Route 250/616 turn lane, in the amount of $10,000, was not
reappropriated into the FY 98/99 Tourism Fund and needs to be done at this time. This will not affect the
potential Tourism Fund allocation for PDRs.
Staff recommends approval of Appropriation #98072 in the amount of $177,000 to accomplish the
above actions. This appropriation does not require any additional local funds.
By the above-shown vote, the Board adopted the following Resolution of Appropriation:
June 2, 1999 (Regular Day Meeting)
(Page 18)
0002 .3
APPROPRIATION REQUEST
FISCAL YEAR: 98/99
NUMBER: 98072
FUND: TOURISM/CIP
PURPOSE OF APPROPRIATION: REAPPROPRIATION OF TOURISM PROJECT AND TRANSFER
OF RIVANNA GREENWAY PROJECT FROM CIP TO TOURISM FUND.
EXPENDITURE
CODE DESCRIPTION AMOUNT
1 1810 72030 950026 RIVANNA GREENWAY $ 267,000.00
1 1810 72030 950055 RT 250/616 TURN LANE 10,000.00
1 9010 71000 950026
RIVANNA GREENWAY
(100,000.00)
TOTAL $ 177,000.00
CODE
2 1810 51000 510100
2 9010 51000 510100
REVENUE
DESCRIPTION
FUND BALANCE
FUND BALANCE
AMOUNT
$ 277,000.00
(100,000.00)
TOTAL
$ 177,000.00
Item No. 5.4. Appropriation: Education, $5,300 (Form #98073).
The executive summary states that, at its meeting on April 26, 1999, the School Board approved
the following appropriations:
Appropriation for $895.95 for Crozet Elementary School. The Crozet School PTO
donated $895.95 to be used to purchase Kid Pix software for the school.
Appropriation of $210.00 for Broadus Wood Elementary School. The Broadus Wood
School PTO has donated $210.00 to pay for salaries of two part-time teachers for the
foreign language program at the school.
Appropriation of $150.00 for Western Albemarle High School. Western Albemarle High
received a donation from the Concord High School Band Boosters in the amount of
$150.00. This donation will be used to help with the costs of purchasing end of the year
awards for the Western Albemarle High School Band.
Appropriation of $1,700.00 for Greer Elementary School. Greer Elementary received
reimbursement from the UVA Curry School for the academic consultation services
provided by Greer Elementary fOr the Jostens study.
Staff recommends the Board of Supervisors approve the appropriations, totaling $2,955.95, as
detailed on Appropriation #98074.
By the above-shown vote, the Board adopted the following Resolution of Appropriation:
APPROPRIATION REQUEST
FISCAL YEAR: 98/99
NUMBER: 98073
FUND: SCHOOL/GRANT
PURPOSE OF APPROPRIATION: DONATIONS TO STONE ROBINSON AND HENLEY.
EXPENDITURE
CODE DESCRIPTION AMOUNT
1 2210 61101 135000 PART-TIME WAGES $ 4,162.00
1 2210 61101 210000 FICA 338.00
1 3104 60252 312500
PROF. SERVICES-INST.
800.00
TOTAL $ 5,300.00
REVENUE
CODE DESCRIPTION AMOUNT
2 2000 18100 181109 DONATION $ 4,500.00
June 2, 1999 (Regular Day Meeting)
(Page 19)
2 3104 18000 181221
DONATION
TOTAL $
800.00
5,300.00
0002'14
Item No. 5.5. Appropriation: Education, $2,955.95 (Form #98074).
At its meeting on April 26, 1999, the School Board approved the following appropriations:
Appropriation for $895.95 for Crozet Elementary School. The Crozet School PTO
donated $895.95 to be used to purchase Kid Pix software for the school.
Appropriation of $210.00 for Broadus Wood Elementary School. The Broadus Wood
School PTO has donated $210.00 to pay for salaries of two part-time teachers for the
foreign language program at the school.
Appropriation of $150.00 for Western Albemarle High School. Western Albemarle High
received a donation from the Concord High School Band Boosters in the amount of
$150.00. This donation will be used to help with the costs of purchasing end of the year
awards for the Western Albemarle High School Band.
Appropriation of $1,700.00 for Greer Elementary School. Greer Elementary received
reimbursement from the UVA Curry School for the academic consultation serVices
provided by Greer Elementary for the Jostens Study.
Staff recommends the Board of SuperVisors approve the appropriations, totaling $2,955.95, as
detailed on Appropriation #98074.
By the above-shown vote, the Board adopted the following Resolution of Appropriation:
APPROPRIATION REQUEST
FISCAL YEAR: 98/99
NUMBER: 98074
FUND: SCHOOL
PURPOSE OF APPROPRIATION: DONATIONS TO CROZET, BROADUS WOOD, WESTERN ALBEMARLE
AND GREER.
CODE
1 2203 61101 601300
1 2201 61101 132100
I 2201 61101 210000
1 2302 61101 601300
1 2204 61411 580500
EXPENDITURE
DESCRIPTION AMOUNT
INST. SUPPLIES $ 895.00
PART-TIME WAGES 194.00
FICA 16.00
INST. SUPPLIES 150.00
STAFF DEVELOPMENT 1,700.00
CODE
2 2000 18100 181109
2 2000 18000 189900
TOTAL $ 2,955.95
REVENUE
DESCRIPTION AMOUNT
DONATION $ ,255.95
MISC. REVENUE 1,700.00
TOTAL $ 2,955.95
Item No. 5.6. Request to install "Watch for Children" sign on Cling Lane in Crozet Crossing
Subdivision.
The executive summary states that the residents of Crozet Crossing Subdivision requests the
Virginia Department of Transportation to install a "Watch for Children" sign on Cling Lane (Route 1226).
This request requires a resolution of support from the Board of SuperVisors to the Virginia Department'of
Transportation.
On March 3, 1999, the Board of Supervisors endorsed new guidelines for the installation of
"Watch for Children" signs. Staff is using these new guidelines to review this request.
"Watch for Children" signs shall only be considered on secondary roads. The residents
have requested the sign to be located on Cling Lane (Route 1226), a secondary road in
the Crozet area of the County. This will alert all vehicles to be cautious as they travel on
Cling Lane.
June 2, 1999 (Regular Day Meeting)
(Page 20)
0002 5
The request must come from a Homeowner's Association where applicable. A letter of
request has been received from the Crozet Crossing Community Association.
There must be child activity attraction nearby for the si.qn to be considered. Crozet
Crossing is a located on Cling Lane. Cling Lane is a cul-de-sac road. The children in the
subdivision gather at the end of the cul~de-sac to play. Staff has observed children
playing in the area.
o
The installation of the sign shall not conflict with any existing traffic control devices. The
proposed location of the sign will not conflict with any existing traffic control deVices. Staff
will work with VDOT to determine the exact location for the sign.
Staff recommends the Board of Supervisors endorse the attached resolution supporting a "Watch
for Children" sign in the Crozet Crossing Subdivision on Cling Lane.
By the above shown vote, the Board adopted the following Resolution to install "Watch for
Children" sign on Cling Lane in Crozet Crossing Subdivision.
RESOLUTION
WHEREAS, The Crozet Crossing Community Association, Incorporated is concerned about traffic
in their neighborhood and the potential hazard it creates for the numerous children that play on the
subdivision; and
WHEREAS, The Association believes that a "Watch for Children" sign would help alleviate some
the concerns;
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby
supports the community's requests for VDOT to install the necessary "Watch for Children" signs on Cling
Lane (Route 1226).
Item No. 5.7. Starbase Alpha Dance Hall Permit.
The executive summary states that the attached dance hall permit application was requested for
youth dances at Starbase Alpha. The Albemarle County Code requires an applicant to obtain a dance hall
permit from the Board of Supervisors before commencing operation of any dance hall. A dance hall is
defined as "any place open to the general public where dancing is permitted". The applicant has
previously held youth dance events on a temporary basis with the approval of the County Zoning
Administrator. The applicant has since obtained the necessary amendment to their special use permit to
allow dancing as a permitted activity and would like to move forward with their application for a dance hall
permit.
Applications for dance hall permits must contain certification from the Fire Marshal and Building
Official that the dance hall is in conformity with applicable provisions of the Fire Prevention Code and the
Virginia Statewide Building Code. Dance halls also are subject to all requirements of the County Zoning
Ordinance.
The applicant has met the conditions for application under the current Dance Hall Ordinance and
has also agreed to the stipulations listed below:
1)
2)
3)
4)
Alcoholic beverages will not be sold on the premises;
Dancing will be permitted only indoors;
In-house managers will be in charge of security, and will call County Police if a situation
arises that they cannot handle. County Police are comfortable with this arrangement; and
Parental or guardian approval will be required for any attendees under the age of 18.
Since the applicant has received the necessary special use permit and certification to operate a
dance hall, staff recommends approving the dance hall permit subject to the conditions identified.
Ms. Humphris said condition number one states that alcoholic beverages will not be "sold" on the
premises, bUt it does not specifically state that they will not be "allowed" on the premises. Staff said the
issue is addressed by the special use permit, but she felt it should be included in the conditions of the
dance hall permit. Mr. Bowerman said if the property changes hands, the condition goes with the land.
Mr. Davis said the condition, as it was presented by staff, is enforceable. However, the permit does not
run with the land; it runs with the operator. Therefore, it would be helpful to clarify that no alcohol would
be allowed or sold on the premises. It was the consensus of the Board that condition number one be
revised to state that alcoholic beverages will not be sold or allowed on the premises.
June 2, 1999 (Regular Day Meeting)
(Page 21)
By the above shown vote, the Board approved the dance hall permit subject to the
conditions identified below:
1. Alcoholic beverages will not be sold or allowed on the premises;
2. Dancing will be permitted only indoors;
3. In-house managers will be in charge of security, and will call County Police if a situation arises
that they cannot handle; and
4. Parental or guardian approval will be required for any attendees under the age of 18, pursuant
to County Code §12-203.
In addition, this permit is for the named applicant only. Any successor in interest must apply for a
new permit to continue the dance hall operations.
Item No. 5.8. Reappointment of James B. Murray, Jr., to the Governing Board of the
Charlottesville-Albemarle Foundation and the Charlottesville-Albemarle Community Foundation.
"In 1996 the Chairman of the Board of Supervisors appointed Mr. James B. Murray Jr., P.O. Box
1485, Charlottesville, VA 22902 to the Governing Board of the Charlottesville-Albemarle
Foundation and the Charlottesville-Albemarle Community Foundation. Mr. Murray's term expires
on July 1, 1999, and he has indicated his willingness to serve for an additional three-year term.
This is to request the re-appointment of Mr. Murray to the Governing Board for a term of three
years to expire July 1, 2002.
If this meets with your approval please notify Mr. Murray of his appointment, with a copy for our
files."
By the above shown vote, the Board reappointed Mr. James B. Murray, Jr. to the Governing
Board of the Charlottesville-Albemarle Foundation and the Charlottesville-Albemarle Community
Foundation.
Item No. 5.9. Adopt resolution that would allow purchase of prior Virginia Retirement System
service on a tax-deferred basis.
The executive summary states that legislation enacted by the 1998 General Assembly allows
eligible VRS members to purchase prior service credit on a tax-deferred basis. A private letter ruling by
the Internal Revenue Service outlined the requirements to allow this change for any employer who pays
the member's contribution to VRS. Since the County pays the employee's VRS contribution, the County
must adopt a resolution In order to allow an eligible employee to use a tax-deferred salary reduction to
purchase service credit. Currently an employee can purchase prior service at five percent of their salary
but on an after-tax basis.
In order to offer the option of tax-deferred purchase of prior service credit, the Board must elect to
pick up the member's contribution to VRS based on the terms of a salary reduction election under Section
414(h)2 of the Internal Revenue Co'de. The salary reduction election is similar to the process used by an
employee who wants to participate in the County's 457 Deferred Compensation program. Tax-deferred
purchases are not subject to federal and state income tax until such time as a person withdraws monies
from their retirement account. The decision by the Board to offer tax-deferred purchases is irrevocable.
The County payroll system is prepared to accommodate this change. There are no additional costs or
negative impacts to the County to offer tax-deferred purchases.
Staff recommends adopting the attached resolution purchase of prior VRS service on a tax-
deferred basis.
By the above shown vote, the Board adopted the following Resolution that would allow
purchase of prior Virginia Retirement System service on a tax-deferred basis.
· RESOLUTION
AUTHORIZATION TO PICK UP THE EMPLOYEE'S CONTRIBUTION
TO VRS FOR PAST SERVICE CREDIT
UNDER 414(h) OF THE INTERNAL REVENUE CODE
WHEREAS, the County of Albemarle desires to provide its employees with tax deferral pursuant
to 414(h) of the Internal Revenue Code with respect to their member contributions to the Virginia
Retirement System, the State Police Officers Retirement System and the Judicial Retirement System
(collectively referred to as VRS) for the permissible purchase of past service credit by picking up member
contributions to the VRS; and
WHEREAS, the pick up is authorized under Virginia Code Sections 51.1-142.1 and 51.1-143.C.;
June 2, 1999 (Regular Day Meeting)
(Page 22)
WHEREAS, the VRS keeps track of such picked up member contributions, and is prepared to
treat such contributions as employee contributions for all purposes of VRS;
NOW, THEREFORE, IT IS HEREBY RESOLVED that effective the first pay day on or after the
later of June 2, 1999 or the date the member executes a binding and irrevocable salary reduction election
relating to the past service permitted to be purchases, the County of Albemarle shall pick up all or a
portion of the member contributions of its employee to VRS based on the terms of the salary reduction
election, and such contributions shall be treated as employer contributions in determining tax treatment
under the Internal Revenue Code of the Untied States; and it is further
RESOLVED, the binding salary reduction election to be executed by the member shall include the
following: (1) the beginning and ending date of the election, (2) the amount of the salary reduction on a
pay period by pay period basis, (3) the total amount of contribution expected to be involved, (4) a
statement that the member may not receive the contributed amounts instead of having them paid by the
County of Albemarle to the VRS, and (5) an agreement that the member will not purchase the service
credit through a lump sum payment during the period in which the salary reduction election is in effect, and
it is further
RESOLVED, the member may revoke the salary reduction election only in the event of an
unforeseeable emergency as that phrase is used and defined in IRC Section 457 and Treasury Regulation
Section 1.457.2(h)(4) and if such a revocation is made, the member may not make a new salary reduction
election during his period of employment, and it is further
RESOLVED, that such contributions, although designated as member contributions, are to be
made by the County of Albemarle in lieu of member contributions; and it is further
RESOLVED that pick up member contributions shall be paid from the same source of funds as
used in paying the wages to affected employees; and it is further
RESOLVED that member contributions made by the County of Albemarle under the pick up
agreement shall be treated for all purposes other than income taxation, including but not limited to VRS
benefits, in the same manner and to the same extent as member contributions made prior to the pick up
arrangement; and it is further
RESOLVED that nothing herein shall be construed so as to permit or extend an option to VRS
members to receive the pick up contributions made by the County of Albemarle directly instead of having
them paid to VRS; and it is further
RESOLVED that notwithstanding any contractual or other provisions, the wages of each member
of VRS who is an employee of the County of Albemarle shall be reduced by the amount of member
contributions picked up by the County of Albemarle on behalf of such employee pursuant to the foregoing
resolutions.
Item No. 5.10. Proclamation recognizing June 3 through June 11, 1999 as Nurse Assistants'
Week and June 3, 1999 as Career Nurse Assistants' Day.
By the above shown vote, the Board adOpted the following Proclamation recognizing June
3 through June 11, '1999 as Nurse Assistants' Week and June 3, '1999 as Career Nurse Assistants'
Day.
NATIONAL NURSING ASSISTANT'S WEEK
"Nursing Assistants Caring for People Everyday"
WHEREAS, the health and happiness of many citizens residing in nursing homes and other
long term care settings depend upon the professional and loving care given by Career Nursing Assistants;
and
WHEREAS, Career Nursing Assistants are instrumental in promoting and safeguarding the
physical, mental emotional, and spiritual health and well being of the resident and the resident'S family;
and
WHEREAS, Nursing Assistants may be identified by a variety of titles including, but not limited
to, Nurse Assistant, Care Assistant, Home Care Aide, Caregiver, Geriatric Aide/Assistant, Resident
Assistant, Restorative Aide; and
WHEREAS, Career Nursing Assistants are trained professionals who collaborate closely with
other health care providers to provide quality care and elevate the status of their chosen vocation; and
WHEREAS, the nursing homes and agencies providing long term care in this community are
sponsoring activities in recognition of the contribution of all Career Nursing Assistants and other direct
June 2, 1999 (Regular Day Meeting)
(Page 23)
0002:1.8
care providers;
NOW, THEREFORE, I, Charles S. Martin, Chairman, on behalf of the Albemarle Board of
County Supervisors, commend and applaud the dedicated efforts and the important contributions of
Career Nursing Assistants to the citizens of this community by proclaiming
JUNE 3 THROUGH JUNE 10, 1999
as
NATIONAL NURSING ASSISTANTS' WEEK
"Nursing Assistants Caring for People Everyday"
and encourage all the citizens of this community to join in recognizing these important health care
workers.
Item No. 5.11. Copy of Executive Memorandum, dated May 10, 1999, from the
Honorable James S. Gilmore, III, re: School Safety Hotline and Online Reporting Programs, was
accepted for information.
"Your leadership in helping to maintain safe communities throughout the Commonwealth is a
testimony to your role as public servants. Let me take this opportunity to thank each of you for
your commitment to the safety and well being of the citizens of Virginia.
Two more resources will soon be available to assist you in maintaining a safe community.
Through the generous contributions of GTE and Bell Atlantic, there will soon be a toll free hotline
available to all school students in Virginia. This will allow students to anonymously report
information that would impact school safety, such as weapon possession, threats, and gang
activity. This toll free number is a statewide number, but through the technological expertise of the
corporate sponsors each call will ring to a local site. In addition, a web site for the purpose of
reporting information online has been developed by VIPNET. This student-friendly site will allow
the reporting of information in a format similar to e-mail. Both hotline options will be activated upon
receipt and processing of the application form. School divisions will be notified when the toll free
number and web site 'go live.'
In order to establish the protocol and procedures for the hotline in your jurisdiction, I am asking
you to jointly host a community meeting for the purpose of discussing the implementation of the
hotline in your community. Included at this meeting should be student representatives, school
board members, your school superintendent, principals at the high school and middle school
levels, your sheriff or chief of police, other law enforcement officials, including school resource
officers, parents, and other community members. You may find this meeting to be a useful forum
in discussing the broader issues of school and community safety.
It is important to acknowledge that some local schools already have a hotline program in place.
This initiative is not intended to replace these local efforts, but is designed to enhance them.
Attached are the directions for enrolling in this program. Each locality has the option of enrolling in
the toll free number program, the online program, or both. The issues on this form will help you to
frame the discussion on the hotline and offer suggestions so that you can tailor the hotline to meet
your community's unique needs."
In response to a question from Ms. Humphris, Mr. Tucker said the School Division has been
conducting meetings on these issues. He will check to see if that meets the Governor's directive.
Ms. Thomas suggested this item be discussed further under the School Board report.
Item No. 5.12. Letter dated May 14, 1999, from the Honorable James S. Gilmore, III, Governor, to
the Honorable Charles S. Martin, Chairman, re: The Virqinia Strategy (Virginia's new plan for economic
development), was accepted for information.
Ms. Thomas said Mr. Martin had asked that this item be pulled from the consent agenda, and it
was the consensus of the Board to do so.
Item No. 5.13. 1999 First Quarter Building Report as prepared by the Department of Planning and
Community Development, was accepted for information.
Item No. 5.14. Arbor Crest Apartments (Hydraulic Road Apts.) Monthly Bond and Progress
Report for the month of April, 1999, was accepted for information.
June 2, 1999 (Regular Day Meeting)
(Page 24)
Item No. 5.15. March 1999, Financial Report was accepted for information.
Item No. 5.16. Copy of Planning Commission minutes of May 11, 1999, was accepted for
information.
Item No. 5.17. Comparative Report of Local Government Revenues and Expenditures for the
Fiscal Year Ended June 30, 1998, was accepted for information.
Agenda Item No. 6. Approval of Minutes: February 3 and April 21, 1999.
Mr. Bowerman said he read the minutes of February 3, 1999 and approved them with two minute
book corrections and one typographical correction. On page 30, seventh paragraph, a sentence read,
"Mr. Bowerman said Mr. Martin withheld his personal issues from the Board and allowed DISC to
proceed..." It was changed to read, "...withheld his personal issues from DISC and allowed them to
proceed..." On the same page, next paragraph, a sentence read, "...and the ability to subdivide and build
in them, are a positive alternative, instead of doing the same thing...". It was changed to read, "... and the
ability to subdivide and build in them, make them an attractive alternative..."
Mr. Bowerman moved to approve the minutes of February 3, 1999, with the two aforementioned
minute book corrections and one typographical correction. Ms. Humphris seconded the motion. Roll was
called and the motion passed by the following recorded vote:
AYES Ms. Thomas, Mr. Bowerman, Ms. Humphris and Mr. Perkins.
NAYS: None.
ABSENT: Mr. Marshall and Mr. Martin.
Agenda Item No. 7. Transportation Matters.
Ms. Angela Tucker, VDOT Resident Engineer, provided the following update from VDOT:
· VDOT has scheduled brush and debris trimming on Route 680, Brown's Gap Turnpike, to
be completed by the end of the week.
· VDOT has applied calcium chloride to Route 600 twice this season to address the dust
problem.
· VDOT is replacing a pipe, which is in the right-of-way at Indian Springs Road, a private
road off Carrsbrook Subdivision, by the end of next week. The pipe currently channels
water within the right-of-way.
· Results of a study of Morgantown Road are forthcoming. Construction is underway in that
area (no details provided).
Mr. Bowerman said paving is taking plaCe on West Rio Road, where a section of the road has
been raised substantially. He asked why the other side of the road was cut down and is now being raised
back up. Ms. Tucker said perhaps the road was raised to better transition automobiles from Woodburn
Road. The completion date is scheduled for September of 1999.
Ms. Humphris said she received four messages from residents thanking VDOT for double-lining
Old Forge Road.
Ms. Thomas asked about the status of Reservoir Road, which leads to Camp Holiday Trails.
Ms. Tucker said VDOT conducted traffic counts on all gravel roads, which are on the Six Year Plan, and
Reservoir has the highest daily traffic count. Right-of-way is not available from residents, so the road will
likely be taken offthe Six Year Plan. However, she said it is possible that VDOT will make $100,000 in
spot improvements which will make the road safer.
Ms. Thomas said she has received calls about trucks travelling east on 1-64 from the Ivy
interchange. They are travelling abreast of one another, blocking other traffic.
June 2, 1999 (Regular Day Meeting)
(Page 25)
0002 0
Ms. Thomas said she recent drove to Sugar Hollow and appreciated VDOT's efforts to maintain
the beauty of the area while doing road work. She asked Ms. Tucker why the bridges were not signed as
one lane bridges, and Ms. Tucker said she would look into it.
Agenda Item No. 8. Memorial to Piedmont Flight 349 - Mint Springs Valley Park, presentation by
Mr. Phil Bradley.
Mr. Tucker summarized the executive summary, which stated that on the evening of
October 30, 1959 a Piedmont DC-3 on a flight from Washington, D.C., to Roanoke, Virginia, with a crew of
three and 24 passengers, crashed into Bucks Elbow Mountain just above Mint Springs Valley Park.
Mr. Phillip Bradley was the sole survivor of that crash. Mr. Bradley hopes to build a monument at Mint
Springs commemorating Piedmont Flight 349 at his own expense. At the Board of Supervisors meeting of
April 7, 1999, it was the consensus of the Board for the Parks and Recreation staff to work with
Mr. Bradley on this. Staff has met with Mr. Bradley on site and a suitable location has been picked for the
monument. The monument site is in the meadow to the right just past the ticket booth at the park's
entrance. There is no current recreational use or future use planned for this area. The crash site is visible
from this location. The monument design, which will be described by Mr. Bradley, will lend itself to also
function as a quiet shaded sitting area for park patrons. Once Mr. Bradley constructs the monument, the
County will handle its routine maintenance, the cost for which is expected to be minimal.
Mr. Tucker said staff recommends the Board approve the location and design of the memorial to
be built by Mr. Bradley at Mint Springs Valley Park.
Mr. Bradley showed a rendering of the proposed monument and read the inscription to be on the
plaque. He said he felt he survived the ramifications of the crash emotionally because of his experiences
on Omaha Beach at Normandy.
Ms. Humphris said she admired Mr. Bradley for his perseverance in this matter, and that the
design of the monument is beautiful.
Mr. Bowerman suggested revising the wording on the plaque to say that the monument was
permitted by the citizens of the County, as well as the Board of Supervisors, rather than listing the names
of Board members, as proposed by Mr. Bradley.
Mr. Perkins made the motion, seconded by Ms. Humphris, to approve the location and design of
the memorial to be built by Mr. Bradley at Mint Springs Valley Park, with the proposed change to the
wording on the plaque. Roll was called and the motion passed by the following recorded vote:
AYES
NAYS:
ABSENT:
Ms. Thomas, Mr. Bowerman, Ms. Humphris and Mr. Perkins.
None.
Mr. Marshall and Mr. Martin.
Agenda Item No. 9. Discussion: Blue Ridge Juvenile Detention Commission Service Agreement.
The Board agreed to wait until Mr. Martin arrived to discuss this matter.
Agenda Item No. 10. Discussion: Proposed Drought Ordinance that would reduce water
consumption during identified drought periods.
Mr. Tucker summarized the executive summary, which stated that drought management is an
essential tool to reduce water consumption during periods of critical drought. It includes both requests for
voluntary conservation and, if drought conditions become severe enough, mandatory water restrictions.
The Rivanna Water & Sewer Authority (RWSA) developed a "Water Conservation Plan For The
Charlottesville Albemarle Urban Water System". The plan is a guide for RWSA, the City, and the County
to prevent unwise use of water when supplies drop to specific levels. For instance, when raw water
supplies drop to 70 percent of maximum capacity, the plan states that the public will be advised of the
shortage and voluntary conservation measures requested. At 60 percent, the plan suggests that the City
and County adopt ordinances that prohibit excessive use 'of water. At 45 percent and below, the plan
recommends a water allotment program. In cases where a County ordinance is indicated, the Board of
Supervisors would be responsible for adopting the ordinance, and the Albemarle County Service Authority
(ACSA) would be primarily responsible for implementation and compliance.
Such an ordinance was adopted by the Board in 1977 in response to a state of emergency
declared by the Governor concerning a shortage of potable water (attached). However, this ordinance
was enacted only for the duration of that particular drought event, and could not be evoked for any future
drought situations.
June 2, 1999 (Regular Day Meeting)
(Page 26)
Drought management is also identified as one of thirty-one future water supply alternatives
outlined in the draft report produced by VHB for RWSA. It is important to note that no single alternative or
set of alternatives has been selected at this point. However, drought management will be a likely
component of any future water supply scenario.
Clearly, the County's role with regard to drought management is to adopt the necessary legislation
that would empower the ACSA to implement and enforce water conservation and/or allotment standards
when water supplies reached critical levels. Currently, the ACSA is working with the City on drought
management planning. Once the ACSA Board, City, and RWSA Board have an opportunity to work on
and approve a plan, the ACSA will draft an ordinance for consideration by the Board of Supervisors.
Given the current water supply permitting process, it would be prudent to adopt a general
ordinance that could be evoked during any particular drought event, triggered by specific water supply
capacity levels (e.g., 60 percent, as stated in tt~e current plan). This would constitute a standing drought
ordinance, rather than an event-specific ordinance, such as the one adopted in 1977.
Mr. Bill Brent, Executive Director of ACSA, said allocations were based on a per capita basis, and
that it is hard to know how many people are actually using the water. Staff had to examine the City's and
County's billing software to determine what should be done. They are now looking at action levels to see
if they should stay at the same level as in the 1970's. ACSA's four main goals are to: 1) reduce water
usage, 2) protect jobs, 3) be manageable, and 4) be equitable for all users. He hopes to present a draft of
the plan to the ACSA Board of Directors this month. It will then be brought to the Board, and it will be up
to local government to put the plan into effect and enforce it. He is working with the County Attorney to
develop the ordinance.
Mr. Bowerman asked about enabling authority issues. Mr. Davis said there is some limiting
authority in the area. Several years ago the Attorney General said the only authority local government has
is given by the Governor, if he declared a state of emergency due to scarce resources. In 1978 the
General Assembly enacted a section in the State Code to allow a water emergency to be declared by the
local governments. To address those circumstances, the Board could pass an ordinance. Several
jurisdictions have adopted standing ordinances, but they have to be tailored to fallow narrow enabling
authority. The RWSA would have the power to enforce such an ordinance, but the City and County would
have to have similar ordinances in order to make them manageable. Mr. Brent said he thought both the
Council and the Board could develop ordinances.
Ms. Thomas said a policy is different from an ordinance. A policy just advises people to restrict
their use; an ordinance allows penalties for non-compliance.
Mr. Davis said the Board should be careful not to confuse water conversation efforts that can be
done by the RWSA. Penalties can be imposed only when an emergency exists. Ms. Thomas said when
reservoirs are getting Iow, it is important for citizens to take voluntary steps to conserve water.
Ms. Thomas asked how action levels are determined. Mr. Brent said the ACSA is examining that
issue now.
Ms. Thomas said during the past year the County had higher water usage than usual when water
levels were getting Iow, so she suggested advising people to conserve water before getting down to 70
percent. Mr. Brent said the ACSA is examining these issues. It will develop three urban area plans, one
each for Charlottesville, Scottsville, and Crozet. Some localities are trying to soften restrictions so that
people have some recreational use during periods of high temperatures.
There was no further discussion.
(Note: Mr. Martin arrived at 9:55 a.m.)
Agenda Item No. 11. School Board Report.
Dr. Charles Ward, a member of the School Board who' also serves as Albemarle County's
Piedmont Regional Education Program (PREP) Chairman, said PREP provides cost-effect special
education services to Charlottesville, Fluvanna, Greene, Nelson, and Albemarle County schools. As such,
PREP works on regional programs that will affect all of these localities. One such program is the Regional
Virtual Governor's School for Gifted Students, funded by a state grant. The program networks area
schools and pools teacher resources, so a new school building is not required. Piedmont Virginia
Community College and the University of Virginia have offered to assist in the endeavor. Louisa and
Orange counties have indicated they may also wish to become involved in the program. The virtual
classroom Would have two-way audio and visual capability, called video teleconferencing (V'FC). The
County has experience with fiber optics and is working on getting equipment dedicated for the school, and
has experienced teachers who are willing to assist students. The program will be able to offer advance
courses for gifted students, but the goal is to assist other students as well. The program will target grades
nine and ten in the 2000/01 school year. The School Division is In the process of submitting an
June 2, 1999 (Regular Day Meeting)
(Page 27)
000;222
application to the Virginia School Board to obtain state funding.
Another program is a regional alternative school for students with discipline problems. The
School Board currently has limited options to deal with such students, and must become able to provide a
special environment in which such students can develop skills and learn to cooperate with others. The
School Division is establishing a pilot program to begin in June 2000.
Mr. John Baker, Chairman of the School Board, then read from a handout previously provided to
Board members, which gave an update on the School Division's progress. (The handout is on file in the
Clerk's office and a permanent part of the record.)
Ms. Thomas referred to consent agenda item 5.11 and asked if the School Division is complying
with the Governor's requirements. Mr. Baker said he would review the matter and report back to the
Board.
Mr. Baker mentioned that he attended a Western Albemarle High School salute to academic
performing students last night, and that he would attend the sports banquet tonight.
Regarding the issues at Sutherland School, Mr. Baker said many meetings have been held to deal
with the situation. He mentioned that an update on the situation was attached to the handout, which
states that the School Board's priority is to provide diversity awareness training next year.
Mr. Martin said he felt the School Division has handled the process exceptionally.
Ms. Thomas suggested the Middle School After School Program, which is being discontinued, be
examined.
Mr. Baker said the Parks and Recreation Department is going to have a program in place by this
Agenda Item No. 12. 10:15 a.m. - Public hearing on a residential lease agreement, with
addendum, by and between the County of Albemarle and the City of Charlottesville for property known as
the Towe Park Tenant House. (Advertised in the Daily Progress on May 25, 1999.)
Mr. Tucker summarized the executive summary, which stated that the City and County own a
house at Towe Park, which is currently vacant. The vacancy was advertised in the Daily Progress, and
approximately 30 responses were received. Each prospective tenant was asked to provide two
references. After checking references, the top eight prospects were interviewed. The Parks and
Recreation Department recommends that the City and County enter into a lease agreement with
Mr. Dean Hibbs.
The new tenant will be responsible for paying $425 monthly rent and performing approximately 30
hours of work per month. The rent figured is based on a fair market value of $925, with a percentage
reduction based on the various factors related to the house being located in a public park. The fair market
value estimate and the location reduction was estimated by the County Assessor. After the location
reduction is applied the fair market value is $725. The rent is further reduced by $300 based on an
estimated value of $10.00 per hour for the work requirement.
The lease has been reviewed and approved by the offices of both the City and County Attorney,
and consists of a standard residential lease agreement with an addendum to cover the special
requirements, such as tenant responsibilities. The Deputy County Attorney has advised that Virginia Code
§ 15.2 - 1800(B) requires the Board of Supervisors to hold a public hearing prior to entering into this lease
agreement.
Staff recommends that the BOard of Supervisors hold the public hearing and then authorize the
County Executive to sign this lease agreement on behalf of the County.
Mr. Martin then opened the public hearing. With no one rising to speak, Mr. Martin closed the
public hearing.
Ms. Humphris made the motion, seconded by Mr. Perkins, to authorize the County Executive to
sign the Towe Park Tenant House lease agreement with the City and Mr. Dean Hibbs. Roll was called
and the motion passed by the following recorded vote:
AYES Ms. Thomas, Mr. Bowerman, Ms. Humphris, Mr. Martin, and Mr. Perkins.
NAYS: None.
ABSENT: Mr. Marshall.
RESIDENTIAL LEASE AGREEMENT
THIS LEASE AGREEMENT is made as of this 15th, day of June, 1999; by and between County of
Albemarle & City of Charlottesville (Landlord), whose address is 401 Mclntire Road, Charlottesville,
Virginia 22902; PO Box 911, Charlottesville, Virginia 22902 (city) and Dean Hibbs.
June 2, 1999 (Regular Day Meeting)
(Page 28)
00022;3
1. REAL PROPERTY AND TERM OF OCCUPANCY. In consideration of the promises and covenants
herein, Landlord hereby leases to Tenant that property located in the City/County of Albemarle , Virginia,
and known as Towe Park Tenant House together with the fixtures and personal property listed below, (the
Premises) for the term of 1 (one) me.-,ths/year(s) commencing at a.m./p.m. (At noon if not
otherwise indicated) on June 15, 1999, a.m./p.m. (At noon if not otherwise indicated) on
June 15, 2000.
2. PERSONAL PROPERTY. The following personal property is included in the Premises subject to this
lease: Range oven, woodstove.
3. USE OF PREMISES. The Premises will be used by Tenant as a private dwelling and for no other
purpose. The Premises will be occupied by no persons other than persons who have signed this Lease
as Tenant and such person's children under the age of 18.
4. RENT. Tenant agrees to pay as rent the total sum of $5,100.00, due and payable in advance in
monthly installments of $425.00, except as follows: If the lease term begins on a day other than the first
day of a calendar month, the first month's rent shall be Sn/a . If the lease term ends on a day other than
the last day of a calendar month, the last month's rent shall be $ n/a . The first month's rent payment is
due June 15, 1999. The monthly installment of rent due for each month thereafter shall be due on the first
day of each month. Rent shall be paid to County of Albemarle (landlord/agent) at Albemarle County Parks
& Recreation, 401 Mclntire Road, Charlottesville, Virginia 22902 (address) or at other such place as
Landlord or Agent may from time to time designate in writing. If a monthly installment of rent is not
received before the 6th day of the month, Tenant agrees to pay as additional rent a Charge of late fee of
$10.00 for each month that the monthly installment of rent is not received by the 6th day of such month.
The purpose of this late fee is to compensate Landlord for the expenses of processing such delinquent
account. Rent payments will be applied first to all past due balances of rent and other charges owing
under this Lease. The remaining portion if any of such rent payments will be applied to current rent. If
there are two or more tenants, Landlord shall have the option of requiring that only one check, cashier's
check or money order will be accepted for each monthly installment for rent.
5. BAD CHECKS. Tenant agrees to pay as additional rent a charge of $15.00 for each check returned for
insufficient funds. This charge will be in addition to any late fee which may be due. If any of Tenant's
checks are returned to Landlord or Agent for insufficient funds, Landlord will have the option of requiring
that further payments must be paid by cash, cashier's check, certified check, or money order.
6. SECURITY DEPOSIT. Tenant agrees to pay the sum of $ 425.00 as a security deposit. This sum will
be due when this Lease is signed by Tenant. Prior to the termination or expiration of this Lease, if
Landlord makes any deductions from the security deposit for charges arising under this Lease or by law,
Tenant agrees to pay Landlord such sums as may be necessary to offset such deductions to replenish
and maintain the security deposit in the amount set forth above. The security deposit will be held by
Landlord to secure Tenant's full compliance with the terms of this Lease. Within 30 days after the
termination of this Lease, Landlord may apply the security deposit and any interest required by law to the
payment of any damages Landlord has suffered due to Tenant's failure to maintain the Premises, to
surrender possession of the premises thoroughly cleaned and in good condition (reasonable wear and
tear excepted), or to fully comply with the terms of this Lease, and any balance, if any, to unpaid rent.
Landlord shall provide Tenant with an itemized accounting, in writing, showing all such deductions. Within
this 30 day period, Landlord will give or mail to Tenant the security deposit, with any interest required by
law and minus any deductions. To assist Landlord, Tenant shall give Landlord written notice of Tenant's
new address before Tenant vacates the Premises. During the term of occupancy under this Lease, if
Landlord determines that any deductions are to be made from the security deposit Landlord will give
written notice to Tenant of such deduction within 30 days of the time Landlord determines that such
deduction should be made. This provision applies only to deductions made 30 days or more before the
termination of this Lease. Landlord will maintain itemized records of all security deposit deductions and
these records may be inspected by Tenant, his authorized agent or attorney, during normal business
hours. However, when two years has passed from the time a deduction was made, Landlord may destroy
the record of that deduction. If Landlord sells or otherwise transfers all or any interest in the Premises
during the term of this Lease, Tenant agrees that Landlord may transfer the security deposit, plus any
interest required by law, to the purchaser who in such event shall be obligated to comply with the
provisions of this section.
7. PARKING. Tenant agrees to comply with such parking rules and regulations as Landlord may issue
from time to time, and deliver to Tenant; provided that Tenant shall be given a reasonable opportunity to
comply with any parking changes made during Tenant's term of occupancy under this Lease. Vehicles
parked on or about the Premises in violation of such rules and regulations may be towed at the owner's
expense.
8. PETS. No dogs, cats or other animals shall be kept in or about the Premises by Tenant or Tenant's
guests without Landlord's prior written consent, which may be withheld in the Landlord's sole discretion.
9A. UTILITIES. Landlord agrees to provide, at Landlord's expense, those utilities and equipment checked
below:
000224
June 2, 1999 (Regular Day Meeting)
(Page 29)
Water & Sewage Electrical Current
__ Fuel: water heat not to exceed 120 Fahrenheit
~Fuel: heat setting not to exceed 55 Fahrenheit
__Range with Oven Dishwasher
Dryer Cable TV Service
Firewood (amount to be determined by Landlord)
Fuel: cooking
Air conditioning Unit
Refrigerator
Washer
XX Woodburning Stove
* Landlord's written consent must be obtained before the installation or use of a woodburning stove.
9B. Tenant agrees to provide, at Tenant's expense, the following utilities and equipment:
Required: Electrical Service
If service desired by Tenant: Telephone and TV
10. ALTERATIONS AND IMPROVEMENTS. Tenant agrees that no alterations, installations, repairs or
decoration (including painting, staining and applying other finishes) shall be done without Landlord's
written consent. Such consent will not be unreasonably withheld. However, Landlord may require Tenant
to return the Premises to its original condition when this Lease terminates or expires. In addition, Landlord
may require that any change, alteration or improvement to the Premises will become a permanent part of
the Premises which may not be removed upon the termination or expiration of this lease. Such changes
or improvements will include, but not be limited to, locks, light fixtures, shutters, built-in shelves or
bookcases, wall-to-wall carpeting, flowers and shrubs.
11. INSPECTIONS AND ACCESS. Landlord may enter the Premises to make inspections, repairs,
decorations, alterations or improvements, and to show the Premises to prospective tenants, purchasers,
mortgagees, workers and contractors and shall have the right to erect or place "For Sale" or "For Rent"
signs thereon. Except in case of emergency or when it is impractical to give notice, Landlord will give
Tenant reasonable notice of Landlord's intent to enter and may enter the Premises only at reasonable
times.
12. MOVE IN INSPECTION. Within 5 days after Tenant takes possession of the Premises, Landlord
agrees to provide Tenant with a list setting forth all of the defects and damages to the Premises, its
equipment and appliances. The list shall be treated as correct unless Tenant objects to the list by written
notice given to Landlord within five days after Tenant receives the list.
13. COVENANTS BY LANDLORD. Landlord covenants and agrees to maintain all electrical, plumbing,
heating, ventilating, air conditioning and other facilities and appliances, including elevators, in good and
safe working condition; and comply with applicable building and housing code requirements materially
affecting health and safety. Landlord's failure to comply with the above requirements will not be grounds
for Tenant's termination of this Lease unless Tenant has given Landlord written notice of the defective
condition and Landlord has failed to remedy the condition within 21 days. However, Tenant may not
terminate the Lease if Tenant, a member of Tenant's family or some other person on the Premises with
Tenant's consent intentionally or negligently caused the defective condition. Such defective conditions will
be repaired at Tenant's expense. Any termination by Tenant shall be made in accordance with the section
of this Lease concerning breach by Landlord.
14. COVENANTS BY TENANT. Tenant covenants and agrees to keep the 'Premises clean and safe; use
all electrical, plumbing, heating, ventilating and air-conditioning facilities and appliances in a reasonable
manner; conduct himself or herself, and require guests to conduct themselves, in a manner that will not
disturb Tenant's neighbors; and to take care not to intentionally or negligently destroy, damage or remove
any part of the Premises, and that he or she will not permit any person to do so. Tenant covenants and
agrees to care for, maintain and repair the Premises, equipment, appliances and fixtures. Upon the
expiration or termination of this Lease, Tenant agrees to deliver the Premises in good and clean condition,
ordinary wear and tear excepted. Tenant agrees to pay the cost of all repairs and cleaning required by
wear and tear beyond the ordinary. During the duration of this Lease, Tenant agrees to give Landlord
prompt written notice of any defects in the Premises, its equipment, appliances and fixtures. If further
damage occurs between the time Tenant learns that a defect exists and the time Landlord learns of such
defect. Tenant will be liable for the costs of any repairs of such additional damage which might have been
avoided had Tenant promptly notified Landlord of the defect. Tenant agrees to pay all costs resulting from
the intentional or negligent destruction, damage or removal of any part of the Premises by Tenant or by
any of Tenant's guest or other persons on the Premises with Tenant's consent. Tenant further agrees to
release, indemnify, protect, defend and hold the County and City harmless from all liability, obligations,
losses, claims, demands, damages, actions, suits, proceedings, costs and expenses, including attorney's
fees, of any kind or nature whatsoever, whether suffered, made, instituted or asserted by any entity, party
or person for any personal injury to or death of any person or persons and for any loss, damage or
destruction of the Premises, arising out of, connected with, or resulting directly or indirectly from the
negligent or intentional acts of Tenant, Tenant's guests or other persons on the Premises with the consent
or permission of Tenant. The foregoing agreement to indemnify shall cOntinue in full force and effect
notwithstanding the termination of this Agreement. Tenant further agrees to release, indemnify, protect,
defend and hold the County and City harmless from all liability, obligations, losses, claims, demands,
damages, actions, suits, proceedings, costs and expenses, including attorney's fees, of any kind or nature
whatsoever, whether suffered, made, instituted or asserted by any entity, party or person for any personal
injury to or death of any person or persons and for any loss, damage or destruction of the Premises,
arising out of, connected with, or resulting directly or indirectly from the negligent or intentional acts of
June 2, 1999 (Regular Day Meeting)
(Page 30)
Tenant, Tenant's guests or other persons on the Premises with the consent or permission of Tenant. The
foregoing agreement to indemnify shall continue in full force and effect notwithstanding the termination of
this Agreement.
15. TENANT TO CLEAN PREMISES WHEN LEASE ENDS. Upon the termination or expiration of this
Lease, Tenant will remove all of Tenant's property from the Premises and deliver possession of the
Premises, thoroughly clean and in good condition, reasonable wear and tear excepted, and in compliance
with such reasonable conditions as may be set forth in Landlord's rules and regulations. Tenant's
compliance with this section is necessary to insure that the Premises will be in good condition for the next
tenants to whom Landlord leases the Premises. Tenant will be liable for any damages Landlord may
suffer due to Tenant's failure to leave the Premises thoroughly clean and in good condition, reasonable
wear and tear expected.
16. MOVE OUT INSPECTION. Upon the termination or expiration of this Lease, Landlord will inspect the
Premises to determine whether Tenant has properly maintained the Premises and has left Premises
thoroughly cleaned and in good condition, reasonable wear and tear excepted. Grease accumulation and
unreasonable marks, holes, nicks or other injury to walls, ceilings, floors or appliances will not be
considered ordinary wear and tear. This inspection will be made to determine what portion of the security
deposit will be returned to Tenant and whether Tenant may be liable for damages exceeding the amount
of the security deposit. This inspection will be made with 72 hours after the termination of Tenant's
occupancy of the Premises. For the purposes of this section, the termination of Tenant's occupancy of
the Premises will not be deemed to have occurred until all or substantially all of Tenant's property has
been removed from the Premises. Tenant will have the right to be present during this inspection, provided
Tenant gives Landlord written notice of Tenant's desire to be present during the inspection. Upon
receiving such notice, Landlord will notify Tenant of the time and date when the inspection will be made.
However, Tenant's delay in notifying Landlord of Tenant's desire to attend the inspection will not require
Landlord to delay making the inspection more than 72 hours after the termination of Tenant's occupancy.
If Tenant attends the inspection, an itemized list of damages known to exist at the time of the inspection
will be provided to Tenant by Landlord immediately upon the completion of the inspection.
17. ABANDONMENT OF PROPERTY. Any personal property Tenant leaves on the Premises after
the termination or expiration of this Lease may be treated by Landlord as abandoned property. Landlord
will prepare an itemized list of such property and may immediately remove the property from the Premises
and place it in storage for safekeeping for a period not less than one month from the date this Lease
terminates and possession of the Premises is delivered to Landlord. Tenant may reclaim the property
during this one month period, provided that Tenant pays the cost of its removal and storage. Upon
expiration of the one month period, Landlord will be free to dispose of the property as Landlord sees fit,
provided written notice of Landlord's intent to dispose of the property is given to Tenant at least 10 days
before such disposal occurs. This notice must be sent to Tenant's last known address, address correction
requested. In addition, Landlord must keep the itemized list of Tenant's property for two years after
Landlord disposes of that property. Any funds received by Landlord from the disposal of Tenant's property
may be applied to Tenant's indebtedness to Landlord for unpaid rent or other damages, including charges
for removing, storing and selling the property. Any remaining funds will be treated as security deposit.
18. DAMAGE OR DESTRUCTION OF PREMISES. If, through no fault or negligence of Tenant or
Tenant's guest, fire or other cause destroys or damages the Premises to the extent that Tenant's
enjoyment is substantially impaired, Tenant may immediately vacate the premises and within 14 days
thereafter give written notice to Landlord of Tenant's intention to terminate this Lease. In such cases, the
Lease will terminate as of the date of termination of Tenant's occupancy and Landlord will return Tenant's
security deposit, any interest required by law, and prepaid rent covering the period after Tenant vacated
the Premises - subject to any set off for charges or damages Tenant owes to Landlord. If, through no fault
or negligence of Tenant or Tenant's guests, fire or other cause damages the Premises to the extent that
Tenant's enjoyment is somewhat impaired, though not substantially impaired, Landlord will have a
reasonable period of time in which to repair the Premises. Landlord's duty to repair will not arise until
Tenant gives Landlord written notice of the damage to the Premises. If Landlord fails to repair the
Premises within a reasonable period of time after having received written notice from Tenant, Tenant will
be entitled to a reduction in rent for that period of time beginning 30 days after notice was given to
Landlord and ending on the date Landlord successfully repairs the Premises. In any dispute concerning
Tenant's right to terminate this Lease or receive a rent reduction, Tenant will be required to prove that the
condition of the Premises justifies such relief.
19. BODILY INJURY AND PROPERTY DAMAGE. Landlord is not an insurer of Tenant's person or
property. Except to the extent provided by law, Landlord will not be liable to Tenant for any bodily injury or
property damage suffered by Tenant or Tenant's guest.
20. RULES AND REGULATIONS. Tenant agrees to comply with Landlord's reasonable and non-
discriminatory rules and regulations which concern the use and occupancy of the Premises, which intend
to promote the convenience, safety or welfare to tenants or preserve Landlord's property from abusive
conduct. Landlord agrees to give Tenant reasonable notice of any new rules or regulations before
enforcing such rules and regulations against Tenant.
June 2, 1999 (Regular Day Meeting)
(Page 31)
000226
21. EARLY TERMINATION OF OCCUPANCY. Tenant will not be released from liability for all rent and
other charges due under this lease unless Landlord signs a written statement on which Landlord agrees to
release Tenant from such liability.
22. EARLY TERMINATION OF LEASE BY MILITARY PERSONNEL. If Tenant is a member of the
United States armed forces and (l) receives orders for a permanent change of station to depart 50 miles or
more (radius) from the Premises or (ii) is prematurely and involuntarily discharged or relieved from active
duty with the United States armed forces, Tenant may terminate this Lease by serving on Landlord a
written notice of termination. This notice must state the date when termination will be effective and that
date shall not be less than 30 days after the date Landlord receives the notice. In addition, the termination
date shall not be more than 60 days prior to the date of departure necessary for Tenant to comply with the
official orders or any supplemental instructions for interim training or duty prior to the transfer. Tenant's
written notice of termination must be accompanied by a copy of the official orders. If Tenant exercises this
right to terminate this Lease, Tenant shall be obligated for rent prorated to the date of termination. Rent
for the final month or portion thereof shall be due on the first day of such month. On account of Tenant's
early termination of this Lease, Landlord may require Tenant to pay liquidated damages as follows:
(a) If Tenant has completed less than 6 months of the tenancy under this Lease as of the effective date of
termination, liquidated damages may be no greater than one month's rent.
(b) If Tenant has completed at least 6 months but less than 12 months of the tenancy under this Lease as
of the effective date of termination, liquidated damages may be no greater than one half of one month's
rent. Any amount owed as liquidated damages by Tenant shall be due on the first day of the month in
which the effective termination date occurs. This section shall not relieve Tenant of any other liabilities
which have accrued as of the date of termination.
23: RENEWAL OR EXTENSION OF LEASE. This Lease will automatically terminate at the end of the
lease term on the date on which Tenant's occupancy ends. The termination of this Lease will terminate
Tenant's right to occupancy but it will not terminate any claims Tenant or Landlord may have arising out of
events occurring during the Lease term or during any holdover by Tenant. No agreement renewing or
extending this Lease will be effective unless that agreement is in writing and signed by Tenant and
Landlord. If Tenant remains in possession of the Premises after the lease term is terminated or expires
and Landlord consents to such holdover but does not enter into a written agreement extending this Lease
or substituting a new written lease, Tenant shall have a month to month lease subject to termination by
either party upon 30 days notice. The monthly rent during such holdover period shall be at the same rate
as under this Lease or as otherwise agreed in writing.
24. ASSIGNMENT OR SUBLET. Tenant will not assign this Lease or sublet the Premises without
Landlord's prior written consent, which will not be unreasonably withheld or delayed. Tenant agrees to
pay Landlord a $ n/a fee if Tenant assigns or sublets the Premises, or any part thereof. No assignment
or sublet will release Tenant from continuing liability for the full performance of this Lease unless Landlord
signs a written statement clearly releasing Tenant from such liability.
25. BREACH BY TENANT. If (a) Tenant fails to pay rent within five days after the date when due, (b)
Tenant commits a material breach of this Lease, (c) Tenant denies Landlord's exercise of any rights under
this Lease or arising by law, (d) legal proceedings or begun by or against Tenant to levy upon or dispose
of Tenant's leasehold interest in the Premises, or (e) the Premises is used by Tenant or others for any
illegal purposes, Landlord will have the right to sue for rent and to enter and take possession through legal
proceedings or, if the Premises is abandoned, to enter and take possession by any lawful means. In
addition, Landlord will have the right to pursue all other remedies available, including a claim for damages.
If Landlord pursues any such remedies (and regardless of whether such remedies are prosecuted to
judgment), Tenant will be liable as follows:
(a) For all past due rent and other charges
b) For all additional rent (future rent) that would have accrued until the expiration of the term of occupancy
under this Lease or until a new lease term begins (provided (I) that this will not affect Landlord's duty to
minimize the damages by making reasonable efforts to enter into a new lease as soon as practical, and (ii)
that if Landlord obtains a judgment for future rent, Landlord shall apply as a credit towards that judgment
all funds received by Landlord as rent for the Premises for these months for which the judgment for future
rent was awarded.
(c) For all expenses Landlord may incur for cleaning, painting and repairing the Premises due to Tenant's
failure to leave the Premises thoroughly clean and in good condition, reasonable wear and tear excepted;
(d) For any court costs and reasonable attorneys fees incurred by Landlord (I) in collecting rent, other
charges or damages, and (ii) in obtaining possession of the Premises;
(e) For a collection fee equal to 25% of the judgment amount for rent, damages, court costs and attorneys
fees. Tenant understands and agrees that this amount represents damages landlord will be likely to incur
in efforts to obtain a judgment against Tenant (including time and effort spent in case investigation,
correspondence, filling suit, discussions with lawyers, case preparation and court attendance) and to
June 2, 1999 (Regular Day Meeting)
(Page 32)
000227
collect such a judgment. If Tenant has breached the Lease by failing to pay rent when due, Landlord shall
give a written notice to Tenant stating that the Lease will terminate within 5 days if the rent is not paid. If
Tenant fails to pay the rent within that 5 day period, Landlord may terminate the Lease and proceed to
obtain possession of the Premises by filing an unlawful detainer proceeding. In that proceeding, Landlord
may pursue a claim for rent and other damages. In connection with breaches other than failure to pay
rent, if a material noncompliance with this Lease exists or if there is a violation materially affecting health
and safety, Landlord may serve Tenant with a written notice stating that acts or omissions constituting the
breach and stating (I) that the Lease will terminate upon a date not less than 30 days after Tenant
receives the notice unless the breach is remedied within 21 days, and (ii) that the lease will terminate as
set forth in the notice. If the breach is remedial by repairs or the payment of damages and Tenant
adequately remedies the breach within 21 days or such longer period of time as Landlord may allow, the
Lease shall not terminate. On the other hand, if the breach is not remedial, Landlord's written notice to
Tenant may state the acts and omissions constituting the breach and state that the lease will terminate
upon a specific date, which date may not be less than 30 days after Tenant receives the notice.
25. BREACH BY LANDLORD. If Landlord (a) commits a material breach of this Lease, or (b) fails to a
substantial extent to comply with any laws with which Landlord must comply and which materially affect
Tenant's health and safety, Tenant may give written notice to Landlord identifying the acts and conditions
on the Premises concerning Landlord's breach and stating that this lease will terminate upon a specific
date (which must be 30 days or more from the date Landlord receives the notice) unless Landlord
remedies the breach within 21 days. If Landlord remedies the breach within that 21 day period, this Lease
will not be subject to termination by Tenant in that instance. Tenant will not have the right to terminate this
Lease because of conditions caused by the intentional or negligent acts of Tenant or persons on the
Premises with Tenant's consent.
26. RENT WITHHOLDING. Tenant may not withhold rent because of conditions on the Premises which
Landlord is required to repair unless Tenant has given Landlord written notice of the condition and landlord
has failed to successfully repair the condition within a reasonable period of time. If Tenant withholds rent
because Landlord has breached the Lease, Tenant must immediately give Landlord a second written
notice of the breach and of any conditions of the Premises which Landlord is required to remedy or repair
and must state that rent is being withheld for such reasons. If Landlord then sues Tenant for possession
of the Premises or for withheld rent, Tenant must promptly pay the rent to the court, which will hold the
rent until it decides what portion, if any, should be paid to Landlord. If conditions exist which Landlord is
required to remedy and which creates a fire hazard or serious threat to the health or safety of Tenant,
Tenant may file an action in a court of competent jurisdiction to terminate the Lease, to require Landlord to
repair the Premises, or to obtain other relief. In such and action, Tenant may pay rent to the court to be
held until Tenant's action is decided. If Tenant withholds rent or pays rent into court under this section
and the court finds (a) that Tenant has acted in bad faith, (b) that Tenant, Tenant's family or guests have
caused the conditions or have refused unreasonably to allow Landlord or Landlord's written notice of the
condition, Tenant will be liable for Landlord's reasonable costs, including costs for time spent, court costs,
any repair costs due to Tenant's violation of the Lease, and attorneys fees.
27. NOTICES. All notices in writing required or permitted by this Lease may be delivered in person, or
sent by mail (postage prepaid) to Landlord, Tenant or Agent at such party's address, as set forth above or
at such other address as a party may designate from time to time by notice given in accordance with the
terms of this section.
28. HEADINGS. The headings of the sections of this Lease are inserted for convenience only and do not
alter or amend the provisions that follow such headings.
29. GOVERNING LAW. This Lease is entered into and shall be construed under the laws of the State of
Virginia.
30. SEVERABILITY. Any provision of this Lease which is prohibited by, or unlawful or unenforceable
under, Virginia law shall be ineffective only to the extent of such prohibition without invalidating the
remaining provisions of this Lease.
31. FAILURE TO ENFORCE LEASE NOT A WAIVER. Landlord's waiver of a breach by Tenant shall not
be interpreted as a waiver of any subsequent breach or noncompliance, and this lease shall continue in
full force and effect.
32. AMENDMENTS. This lease may not be amended or modified except by prior written consent of the
Landlord. All amendments or modifications shall be in writing and signed by both parties.
33. ENTIRE AGREEMENT. This lease and Addendum attached hereto shall constitute the full and
complete agreement between the parties, and no other writings or statements (other than amendments or
modifications pursuant to Section 32) shall be of any consequence or have any legal effect.
ADDENDUM TO LEASE AGREEMENT
This Addendum is made and entered into this 15th day of June, 1999, by and between the City of
000228
June 2, 1999 (Regular Day Meeting)
(Page 33)
Charlottesville (the "City"), the County of Albemarle (the "County") and Dean Hibbs (the "Tenant") and
specifically modifies the Lease Agreement only to the following extent.
The parties hereto agree that a residential lease agreement between the parties, dated
June 15, 1999 also includes this addendum, as follows:
1. Rental payment for the period of June 15, 1999 through June 30, 1999 will be $212.50.
As additional rent, the Tenant shall perform the following duties as long as he resides on the
Property. The following duties may be modified as duties may be added or deleted by mutual
written agreement between the County and City and the Tenant. Failure to perform the following
duties on the part of the Tenant shall constitute a material breach by the Tenant under the Lease
Agreement and shall entitle the Landlord to terminate this Lease or exercise any other remedy
under this lease or available law.
The Tenant Shall:
(a)
Assure the park entrance gates and greenbelt gate are opened and closed per posted times and
at special requests;
(b) Assist the public with information as needed;
(c)
Clean and stock restrooms and clean up and remove trash in parking lot and playing areas on
days park employees are not scheduled to work;
(d)
In absence of park personnel, perform emergency repair or maintenance of park facilities and
grounds, to the extent possible, and contact park personnel;
(e)
In absence of park personnel, assist athletic program officials with decisions related to playability
of fields and contact proper athletic program directors when necessary;
(f) Take daily attendance count when park employees are not available to perform this duty;
(g) Mow and trim grass around tenant house as outlined by Park Foreman;
(h)
Upon completion of Darden Towe Memorial, raise and lower flags on schedule to be
determined by Park Foreman.
The Tenant shall not be allowed to have pets or additional residents unless agreed to in writing by
the Landlord. If such permission is granted the tenant agrees to be responsible for all damages to
the property and third parties (persons and property) caused by pets or additional residents. It is
understood that if this approval is given that it may be rescinded in the event a problem develops
related to a pet or an additional resident.
The County and City reserve the right to request the Tenant to remove from the site any
personal property that is inconsistent with the scenic natural beauty of the park
(inoperable vehicles, appliances, etc.).
The County and City reserve the right to request the Tenant to cease any activity that is
inconsistent with the park or surrounding neighborhood.
6. The Tenant is responsible for all utilities.
'.
Landlord may terminate this lease for any reason by giving at least thirty (30) days written notice
to Tenant.
The Tenant shall not undertake improvements without prior written permission of the Landlord,
and such improvements shall belong to the Landlord at the expiration of the Lease term or
tenancy.
The County and City reserve the right to agree to certain modifications pertaining to the
foregoing tenant responsibilities during the term of the lease agreement. It is the intent of
the County and City to delegate this responsibility to the Albemarle County Parks and
Recreation Department, and its Director.
10.
The County and City further agree that, in the event tenant performs additional duties at the
specific request of the County and City in connection with the property, or for any other reason in
the sole discretion of the County and City, then an adjustment in the payment of rent under this
lease agreement may be made, provided that any such modifications shall be effective only if in
writing between the County, City and the tenant. It is the intent of the County and City to delegate
this responsibility to the Albemarle County Parks and Recreation Department, and its Director.
June 2, 1999 (Regular Day Meeting)
(Page 34)
000229
This Agreement is subject to and contingent upon approval of its terms by the Albemarle County Board of
Supervisors and Charlottesville City Council at public hearings to held in accordance with Virginia Code
Section 15.2-1800(B).
(Note: The Board took a recess at 10:25 a.m. and reconvened at 10:35 a.m.)
Agenda Item No. 9. Discussion: Blue Ridge Juvenile Detention Commission Service Agreement.
Mr. Tucker said City Council will discuss the agreement again next week. He is concerned about
an amendment the City asked be added, which would require that all localities approve the site location.
The County believed a site had already been determined, and therefore suggested that the proposed
amendment to the service agreement be eliminated. He suggested the Board send the Council a letter to
that effect, so that the agreement, as it was approved by the Commission, can move more quickly through
Fiuvanna, Greene, and Albemarle County Boards.
Mr. Martin said he had spoken with the City's Mayor, who indicated this might be pulled from its
agenda, or the Council might go ahead and vote on the site. Ms. Humphris said she is concerned that
over $2.0 million in funds may be lost if this is not approved quickly. Decision-making was to be done by
the Commission, and the County believes all those steps have been taken. Mr. Bowerman and
Mr. Martin said they do not wish the Board to appear adversarial, but agreed that a letter should be sent.
It was the consensus of the Board to have the County Executive send a letter to City Council
suggesting the proposed amendment to the service agreement be eliminated, and that the agreement be
approved quickly.
(Note: At this time the Board discussed this item.)
Consent Agenda Item No. 5.12. Letter dated May 14, 1999, from the Honorable James S.
Gilmore, III, Governor, to the Honorable Charles S. Martin, Chairman, re: The Virginia Strateqy (Virginia's
new plan for economic development).
Mr. Martin said he has been involved with the JTPA Private Industry Council, which has been
funded by monies that will now be used to fund the strategy. He will be attending meetings in the near
future, and will bring recommendations to the Board. He is concerned that some youth programs could
fall by the wayside. The City has recommended keeping the current structure in place
Agenda Item No. 13. Appointments.
At the recommendation of Ms. Roxanne White, Ms. Thomas moved that the terms of the current
members of the Fiscal Impact Advisory Committee be extended. The current terms will now expire on
July 9, 2000. The motion~was seconded by Mr. Bowerman. Roll was called and the motion passed by
the following recorded vote:
AYES
NAYS:
ABSENT:
Ms. Thomas, Mr. Bowerman, Ms. Humphris, Mr. Martin, and Mr. Perkins.
None.
Mr. Marshall.
Agenda Item No. 14. Other Matters not Listed on the Agenda from the Board.
Ms. Thomas asked the Clerk to send a letter to the Charlottesville-Albemarle Technical Education
Center (CATEC) advising them that Board members will not be able to attend CATEC's certificate
ceremony, due to the fact that the ceremony is scheduled during the next Board meeting.
Ms. Humphris said the High Growth Coalition will meet on June 17, 1999 in Richmond. She will
attend, along with Ms. Thomas and Mr. Wayne Cilimberg, County Planner. The Coalition is discussing
possible legislative priorities of high growth communities to the 2000 General Assembly session.
Agenda Item No. 15. Executive Session: Legal Matters.
At 11:00 a.m., motion was offered by Mr. Bowerman, that the Board go into Executive Session
pursuant to Section 2.1-344(A) of the Code of Virginia under Subsection (1) to consider appointments to
Boards and Commissions and to conduct an administrative evaluation; under Subsection (3) to consider
the acquisition of property for a school site; and under Subsection (7) to consult with legal counsel and
staff regarding specific legal matters relating to an interjurisdictional agreement, relating to pending
June 2, 1999 (Regular Day Meeting)
(Page 35)
0002 0
litigation concerning a zoning matter and an environmental matter, and probable litigation regarding a
zoning matter. Ms. Humphris seconded the motion. Roll was called and the motion passed by the
following recorded vote:
AYES
NAYS:
ABSENT:
Ms. Thomas, Mr. Bowerman, Ms. Humphris, Mr. Martin, and Mr. Perkins.
None.
Mr. Marshall.
Agenda Item No. 16. Certify Executive Session.
At 2:15 p.m., motion was 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 executive session were heard, discussed or considered in the
executive session. Roll was called and the motion passed by the following recorded vote:
AYES
NAYS:
ABSENT:
Ms. Thomas, Mr. Bowerman, Ms. Humphris, Mr. Martin, and Mr. Perkins.
None.
Mr. Marshall.
Not docketed:
Mr. Martin nominated Ms. Karen L. Powell to fill out the term of Ms. Patricia H. Ewers as the
Rivanna District representative to the Board of Social Services, with said term to be effective July 1, 1999
and to expire December 31, 1999.
Mr. Martin Martin nominated Ms. MiChelle Sirch-Stasko to the Region Ten Community Services
Board, with said term effective July 1, 1999 and to expire June 30, 2002.
Ms. Thomas nominated Mr. Sterling K. Robinson, II to the Commission on Children and Families,
with said term effective July 1, 1999 and to expire June 30, 2002.
Ms. Humphris nominated Mr. William P. Jackameit to the Fiscal Impact Advisory Committee, with
said term effective June 2, 1999 and to expire July 9, 2000.
Ms. Humphris nominated Mr. Christopher El Lee to the fill out the term of Mr. C. Timothy
Lindstrom on the Public Recreation Facilities Authority, with said term effective June 2,1999 and to expire
December 3, 2001.
Ms. Humphris nominated Mr. David T. Paulson to be reappointed to the Jordan Development
Corporation, with said term to be effective August 14, 1999 and to expire August 13, 2000.
Ms. Humphris nominated Mr. Jerry E. Jones to be reappointed to the Jordan Development
Corporation, with said term to be effective August 14, 1999 and to expire August 13, 2000.
Ms. Thomas seconded the nominations. Roll was called and the motion passed by the following
recorded vote:
AYES
NAYS:
ABSENT:
Ms. Thomas, Mr. Bowerman, Ms. Humphris, Mr. Martin, and Mr. Perkins.
None.
Mr. Marshall.
Agenda Item No. 16. Adjourn.
With no further business to come before the Board, Mr. Martin adjourned the meeting at 2:16 p.m.
~hairman
Approved by Board
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