2001-10-03October 3, 2001 (Regular Day Meeting)
(Page 1)
A regular meeting of the Board of Supervisors of Albemarle County, Virginia, was held on October
3, 2001, at 9:00 a.m., Room 241, County Office Building, McIntire Road, Charlottesville, Virginia.
PRESENT: Mr. David P. Bowerman, Mr. Lindsay G. Dorrier, Jr. (arrived at 9:10 a.m.), Ms.
Charlotte Y. Humphris, Mr. Charles S. Martin, Mr. Walter F. Perkins and Ms. Sally H. Thomas.
ABSENT: None.
OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr., County Attorney, Larry W. Davis,
Deputy Clerk, Laurel Bentley, and, County Planner, V. Wayne Cilimberg.
Agenda Item No. 1. The meeting was called to order at 9:00 a.m. by the Chairman, Ms. Thomas.
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Agenda Item No. 2. Pledge of Allegiance.
Agenda Item No. 3. Moment of Silence.
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Agenda Item No. 4. Other Matters Not Listed on the Agenda.
Ms. Diane Foster said she is from the Rivanna Trails Foundation (RFT). This is an all volunteer
group which is building a 20-mile footpath around the City of Charlottesville. They do have not any staff,
and do not own any land. They get land through easements. At the Fontaine Research Park property, she
decided the trail should go through their woods and along the creek in order to avoid walking along a road.
In order to walk on this land, she had to get permission from several bureaucracies. The first was the
University Real Estate Foundation which was enthusiastic, but unfortunately they had already given the
easement along Morey Creek to Albemarle County. Albemarle County did grant the Foundation a land
easement and she worked with VDOT about the access way. The Department of Forestry was nervous
about having intruders on their property, but through some negotiations she was able to get permission.
One hundred and fifty people came out and cleared a new one-mile trail and the City provided a massive
trash pick-up of tires and appliances at the end of the workday. Since this was a good opportunity to
advertise the partnerships and cooperation which go on in the community, she made an application for the
American Hiking Society regional award. The Rivanna Trails Foundation won the award for its 2001
National Trails Day event.
Ms. Foster said if there is anything RTF can do to help get the County greenways moving forward,
they will do so. Ms. Thomas congratulated Ms. Foster on the award. Ms. Foster said RTF is in the running
for a national award which will be announced in January.
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Mr. John Martin gave to the Board a copy of a Weekly Operations Report-Water Department from
the Rivanna Water and Sewer Authority, dated October 1. He said that as of Monday, the Sugar Hollow
Reservoir was 23.8 feet down. He said that in three weeks the Sugar Hollow Reservoir has dropped from
18 feet low to 23 feet low. He asked why this has happened. It is of critical importance. If it is necessary to
draw so much water from Sugar Hollow when the other reservoirs are full, it will be much harder to find a
long-term solution for flow in the Moormans River. Mr. Martin said Mr. Gene Potter met with him yesterday
and he asked him this question. Mr. Potter indicated that his procedures are based upon reservoir
capacities. The Sugar Hollow/Ragged Mountain system has about the same useable volume as the South
Fork Rivanna system. He does not take into account the safe yield. There is more flow into the South Fork
Rivanna. Mr. Potter indicated to him that if no rain is received in the near future, he is prepared to take
Sugar Hollow down to the 35-foot level, or drain it completely. He said one problem has come up. That is
with respect to the compatibility of the South Fork Rivanna treatment plant and the Observatory treatment
plant. He wonders if the SFRR treatment plant can supply water to the City. It can supply some water, and
it does every day, but there are some indications that it does not have sufficient capacity to keep all of the
tanks full. If that is a problem in the system, it should be identified and corrected in the course of the water
supply project.
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Agenda Item No. 5. Presentation to H. William "Bill" Mills.
Ms. Thomas said she would like to read the following into the record:
On behalf of the Albemarle County Board of Supervisors and local government,
I would like to honor and recognize
H. William "Bill" Mills
for his outstanding efforts during the past 40 years on behalf of meeting the
transportation needs of the citizens of Albemarle County as an employee of the
Virginia Department of Transportation.
During the 1960's Bill was involved with the preliminary design and construction
of Interstate 64, still the largest road construction project everbuilt in this area.
In the early 1970's, Bill was asked to lead the residency's maintenance
organization and continued in that capacity for 20 years. During that time the
mileage maintained increased over 20% and the forces at his command dropped
October 3, 2001 (Regular Day Meeting)
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15%, yet he kept the level of maintenance at a continuing high level.
Bill's influence has been felt on a variety of projects large and small that benefit
county citizens. As an example, in 1985, Bill oversaw the development of the
snow removal plan when Route 29 North was widened to four and five lanes in
each direction.
In the mid 1990's Bill was promoted to assistant resident engineer and since
that time he has managed VDOT's input to Albemarle County on development
matters and has overseen the residency's highway improvement program.
Even with the time-consuming responsibilities of his job, Bill has been an active
member of our community, for example coaching in the Babe Ruth league.
We as a community are strengthened by the contributions and commitment of
citizens such as H. William "Bill" Mills whose dedication and professionalism
make Albemarle County a better place to live and work.
Ms. Thomas then presented the plaque to Mr. Mills.
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Agenda Item No. 6. Recognition of Brian K. Carlson as Outstanding Citizen of Albemarle County.
Ms. Thomas said that on behalf of the Board of Supervisors, she would like to recognize a person
who has provided years of leadership, generosity and commitment to the betterment of the Albemarle
community. The community has been fortunate to be blessed with many dedicated citizens who work hard
on behalf of the region, but every once in a while it has the particular good fortune to have an extraordinary
civic leader such as Brian Carlson. The Board honors Brian this morning as an outstanding citizen of
Albemarle County. Anyone who knows or has worked with Brian on any of his many activities certainly is
familiar with that spark of enthusiasm which he creates for those projects that are near and dear to his
heart. A short list of those organizations and activities which have benefited from his dedicated leadership
include: the Charlottesville Regional Chamber of Commerce, the Thomas Jefferson Partnership for
Economic Development, Martha Jefferson Hospital, Drive Smart Virginia, and more recently as the areas
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leader in the Workforce Investment Act Initiative. Brians fresh perspective and valuable real world
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experience gained from his years in the business environment, along with his hard work and willing spirit,
will be sorely missed in the community. The Board wishes Brian well in his new position as Senior Vice
President of the new State Farm Colonial Zone, where he will be leading and overseeing efforts in New
York, New Jersey, Pennsylvania, Connecticut, Vermont, New Hampshire, Maine, Massachusetts and
Rhode Island. New Englands gain is certainly a loss as Brian takes his commitment to civic projects and
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his strength as a responsible economic partner with him to his new community. The Albemarle County
Board of Supervisors would like to express its deepest gratitude to Brian Carlson for his many years of
service and for the kind of dedication that makes Albemarle County such an outstanding place to live and
work.
Mr. Carlson asked to say a few words. He said he and his family have lived in the area for almost
13 years. Of all the activities mentioned, the one he enjoyed and benefitted from the most was his work
with the Workforce Investment Board. He said the Workforce Investment Act (WIA) created a partnership
between the public sector and the private sector. They primarily worked with disadvantaged youth, and with
dislocated workers (such as those from ConAgra) who need additional training to get back in the workforce.
They also dealt with people who were trying for a better career. He encouraged the Board to stay close to
that activity since he believes it will be a great asset to the community. The Business Education
Roundtable, which is an offshoot of the WIA, works with K-12 at the community college involving all of the
school superintendents in Planning District 10. He said this Roundtable will be sure that the curriculum in
the schools matches the careers available in the area. He said there are great things happening in
Albemarle County and the City. It has been a pleasure to be here and work with all of these people. He
said volunteers know there is a sacrifice in what they give, and he would like to honor the Board members
as the elected leaders of the community for what they give in helping the area.
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Not Docketed: Mr. Tucker introduced Ms. Kimberly Suyes, the new Director of Human Resources.
He said all of her experience has been with the private sector. At one time, she was acting director of
Burger King, HR., which is a big operation nationally. She also served with Carnival Cruises. Ms. Thomas
said the employees are the Countys most important asset. Ms. Suyes said she is excited about moving to
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Albemarle County and being able to contribute to Human Resources and the Strategic Missions of the
Board.
Mr. Tucker then introduced Mr. Roger Hildebeiter the new Director of the Office of Management
and Budget, which is a new position in the County. He said Mr. Hildebeiters background is in public service.
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He worked for several years with the Federal OMB with the majority of his tenure being with the Bureau of
Land Management in financial management and budgeting. Ms. Thomas welcomed Mr. Hildebeiter. She
said employees are a big asset, but money is what the public sees in how things are managed.
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Agenda Item No. 7. Consent Agenda (Note: Conversation concerning individual items will be
shown at the end of the item). Motion was offered by Ms. Humphris, seconded by Mr. Martin, to approve
Items 7.1 through 7.9 (with the change mentioned on Item 7.3), and to accept the remaining items on the
October 3, 2001 (Regular Day Meeting)
(Page 3)
Consent Agenda as information.
Roll was called, and the motion carried by the following recorded vote:
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Ms. Humphris.
NAYS: None.
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Item 7.1. Proclamation proclaiming October 5, 2001, as BIKE TO WORK DAY.
Ms. Thomas read the proclamation into the record.
BIKE TO WORK DAY
WHEREAS, the quality of life for citizens in our community includes preservation of
the natural environment; and
WHEREAS, the County of Albemarle has appointed a traffic reduction coordinator
to provide information on transportation alternatives that would decrease the volume of
single occupancy vehicles, traffic and parking congestion; and
WHEREAS, more commuters are choosing alternative transportation to save time,
money and the environment; and
WHEREAS, bicycling is an environmentally sound, healthy, efficient and energy
saving mode of transportation;
NOW, THEREFORE, I, Sally H. Thomas, Chairman, on behalf of the Albemarle
County Board of Supervisors, do hereby proclaim
October 5, 2001, as
BIKE TO WORK DAY
and encourage all citizens to choose alternative transportation to preserve our
communitys special quality of life.
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(Mr. Jim Fitzgerald, JAUNT Community Relations Director, advised the Board that JAUNT buses
accept bikes inside the van, except for the BIG BLUE Express which has bicycle racks. He expressed his
appreciation for the proclamation.
Mr. Dorrier asked about the condition of bike trails throughout the County. Mr. Fitzgerald said some
areas are more useful and more user-friendly than others. If this kind of trend continues, there may be a
need in the future to look into more accessible bike trails as they relate to fixed route buses such as BIG
BLUE.)
By the vote set out above, the proclamation was approved.
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Item 7.2. Authorize County Executive to sign Park and Ride Agreement with University of Virginia
Health Services Foundation Facility at Forest Lakes North.
It was noted in the staffs report that in 1998 JAUNT initiated BIG BLUE, a fixed bus route service
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serving Route 29 up to Grace Methodist Church. At that time, JAUNT and staff established a park and ride
lot at a parking lot on the vacant parcel beside McDonalds that is located at Forest Lakes North. The
vacant parcel has now been developed, and with its development the park and ride lot was eliminated. The
University of Virginia Health Services Foundation Facility at Forest Lakes North has agreed to allow a new
park and ride lot to be established at their location, which is located at the corner of Timberwood Boulevard
and Worth Crossing, just 0.25 mile from the prior location. There will be no additional cost to the County's
insurance premiums to insure the five spaces as a park and ride facility. The University of Virginia Health
Services Foundation and the County Attorney's Office have approved the park and ride agreement. Staff
recommends that the Board of Supervisors grant the County Executive permission to sign the agreement.
(Mr. Martin said he would like to thank the University of Virginia Health Services Foundation and
other parties for this parking lot. It has been a cooperative effort.)
By the vote set out above, the Board authorized the County Executive to sign the Park and
Ride Facility Agreement with the University of Virginia Health Services Foundation Facility at Forest
Lakes North, as set out below.
PARK AND RIDE FACILITY AGREEMENT
THIS AGREEMENT is made this _____ day of May in the year 2001 by and
between the County of Albemarle, Virginia, a political subdivision of the Commonwealth
of Virginia, hereinafter referred to as the "County", and, hereinafter referred to as the
"Owner".
October 3, 2001 (Regular Day Meeting)
(Page 4)
WHEREAS, the County desires to establish a park and ride facility in The
University of Virginia Health Services Foundation Facility at Forest Lakes North; and
WHEREAS, the Owner is willing to allow the County to use part of it's property for
such a facility.
WITNESS:
IN CONSIDERATION of the mutual premises stated herein, the parties agree as
follows:
1. Purpose: The purpose of this agreement is to allow the County to use part of
the Owner's property as a park and ride facility for the benefit of persons in carpools and
commuters.
2. Premises: For the uses described in section 4 of this agreement, the Owner
hereby licenses to the County that part of the Owner's premises marked "Park and Ride",
hereinafter referred to as the "Premises", shown on Attachment "A", which is attached
hereto and made a part of this agreement. The number of park and ride spaces shall not
exceed five (5) spaces.
3. Term: The term of this agreement shall be one (1) year from the date hereof.
Either party, however, may terminate this agreement after three months by giving one
month's notice to the other party of its intent to terminate.
4. Uses of the Premises: The County may use the premises for a park and ride
facility, a carpooling parking facility, vehicle and personal access, and all similar and
related uses.
5. Access: The County and patrons of the park and ride facility may use the
Owner's property surrounding the premises for vehicle and pedestrian access to and
from the park and ride facility and for circulation, excluding vans, and persons in
carpools.
6. Marking of Premises and Publicity: The County may install signs indicating
that the Premises are available to persons in carpools and commuters as a result of the
Owner's courtesy. The County will obtain the Owner's written approval before placing
any improvements on the premises. Such permission shall not be unreasonably
withheld.
7. Maintenance: The Owner shall arrange for regular and/or timely snow
plowing of the Premises at its sole expense. Extraordinary maintenance and repair of the
Premises arising from its additional usage pursuant to this agreement shall be performed
by the County at its sole expense.
8. Liability: The County agrees to add the Owner to its general liability insurance
policy as an additional insured for the County's operation of a park and ride facility on the
Owner's property.
9. Title, Access and Authority: The Owner covenants and warrants to the
County that the Owner presently owns the fee simple interest in and to the Premises; that
the Owner is duly authorized and empowered to grant this License; and that the person
executing this license on behalf of the Owner warrants himself to be duly authorized to
bind the Owner hereto.
10. Entire Agreement: This agreement constitutes the entire agreement
between the parties and supersedes any prior understandings or oral or written
agreements between the parties respecting the within subject matter.
11. Modifications: This agreement may not be modified, except in a writing
signed by the parties.
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Item 7.3. Authorize County Executive to sign Park and Ride Agreement with Windham Retirement
Center in Crozet.
It was noted in the staffs report that on August 6, 2001, JAUNT began a new service in Crozet.
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Staff has worked with JAUNT and Windham Retirement Center to establish a park and ride lot. This lot
would be available for JAUNT users as well as residents wishing to use this location as a park and ride for
carpooling. Windham is located in downtown Crozet on Route 240. Windham Retirement Center officials
have agreed to allow the County to establish a park and ride lot at their facility. This is an ideal location for
a park and ride lot because it is centrally located. There will be no additional costs to the County's
insurance premiums to insure the seven spaces as a park and ride facility. Staff recommends that the
Board of Supervisors grant the County Executive permission to sign the agreement. The County has signed
similar agreements with churches along Route 29 North.
(Ms. Humphris noted that the executive summary and map shows seven spaces, but the legal
October 3, 2001 (Regular Day Meeting)
(Page 5)
agreement calls for five spaces. She thinks it should be seven in the legal agreement. Mr. Juan Wade,
Transportation Planner, said he would change the agreement to read seven spaces.
Ms. Thomas said she told the City that the County was expanding its park and ride lots, and they
were delighted. Particularly, the one at Windham because JAUNT will have a fixed route coming straight
from Crozet into Charlottesville.)
By the recorded vote shown above, the Board authorized the County Executive to sign a
Park and Ride Facility Agreement with Windham Retirement Center, as set out below.
PARK AND RIDE FACILITY AGREEMENT
THIS AGREEMENT is made this _____ day of July in the year 2001 by and
between the County of Albemarle, Virginia, a political subdivision of the Commonwealth of
Virginia, hereinafter referred to as the "County", and, hereinafter referred to as the
"Owner".
WHEREAS, the County desires to establish a park and ride facility at Windham
Retirement Center; and
WHEREAS, the Owner is willing to allow the County to use part of it's property for
such a facility.
WITNESS:
IN CONSIDERATION of the mutual premises stated herein, the parties agree as
follows:
1. Purpose: The purpose of this agreement is to allow the County to use part of
the Owner's property as a park and ride facility for the benefit of persons in carpools and
commuters.
2. Premises: For the uses described in section 4 of this agreement, the Owner
hereby licenses to the County that part of the Owner's premises marked "Park and Ride",
hereinafter referred to as the "Premises", shown on Attachment "A", which is attached
hereto and made a part of this agreement. The number of park and ride spaces shall not
exceed seven (7) spaces.
3. Term: Either party, however, may terminate this agreement after three months
by giving one month's notice to the other party of its intent to terminate.
4. Uses of the Premises: The County may use the premises for a park and ride
facility, a carpooling parking facility, vehicle and personal access, and all similar and
related uses.
5. Access: The County and patrons of the park and ride facility may use the
Owner's property surrounding the premises for vehicle and pedestrian access to and from
the park and ride facility and for circulation, excluding vans, and persons in carpools.
6. Marking of Premises and Publicity: The County may install signs indicating that
the Premises are available to persons in carpools and commuters as a result of the
Owner's courtesy. The County will obtain the Owner's written approval before placing any
improvements on the premises. Such permission shall not be unreasonably withheld.
7. Maintenance: The Owner shall arrange for regular and/or timely snow plowing
of the Premises at its sole expense. Extraordinary maintenance and repair of the Premises
arising from its additional usage pursuant to this agreement shall be performed by the
County at its sole expense.
8. Liability: The County agrees to add the Owner to its general liability insurance
policy as an additional insured for the County's operation of a park and ride facility on the
Owner's property.
9. Title, Access and Authority: The Owner covenants and warrants to the County
that the Owner presently owns the fee simple interest in and to the Premises; that the
Owner is duly authorized and empowered to grant this License; and that the person
executing this license on behalf of the Owner warrants himself to be duly authorized to bind
the Owner hereto.
10. Entire Agreement: This agreement constitutes the entire agreement between
the parties and supersedes any prior understandings or oral or written agreements
between the parties respecting the within subject matter.
11. Modifications: This agreement may not be modified, except in a writing signed
by the parties.
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October 3, 2001 (Regular Day Meeting)
(Page 6)
Item 7.4. Set a public hearing for November 7, 2001, to amend the service (jurisdictional) area of
the Albemarle County Service Authority to extend water service to Tax Map 45, Parcel 15 (Jeff Saine).
The executive summary states that this is a proposal to amend the ACSA Jurisdictional Area to
provide water service to a 0.77 acre parcel located on the west side of Route 743, Earlysville Road, just
west of Hydraulic Road. The property is adjacent to the Ivy Creek Natural Area and lots in the Roslyn
Ridge subdivision (Attachment A). The property is Zoned RA, Rural Areas and is designated as Rural
Area in the Land Use Plan. The applicant is requesting water service due to a failing well on-site. The
adjacent property to the east and south, Tax Map 45, Parcel 16, is in the Jurisdictional Area for water
service only to existing structures. The Squirrel Ridge development, across Earlysville Road from this site,
is also served by public water.
The Comprehensive Plan provides the following concerning the provision of water and sewer
service to the Rural Areas:
·
“Provide water and sewer service only to areas within the ACSA Jurisdictional Areas (p. 125).”
·
“Follow the boundaries of the designated Development Areas in delineating Jurisdictional
Areas (p.125).”
·
“Only allow changes in the Jurisdictional Areas outside of the designated Development Areas
in cases where the property is: 1) adjacent to existing lines; and 2) public health and/or safety
are in danger (p.125).”
This request has been made because the 40-foot bored well serving the property has gone dry.
The applicant has been augmenting the well with hauled water. There are very limited opportunities to
locate a new well on the property, due to its size (0.77 acre). The existing drainfield and reserve area take
up most of the parcel. As a result, there appears to be limited area on-site that could meet Health
Department requirements for separation between a well and the drainfield sites (existing and reserve sites).
The applicant has submitted information from a soil consultant that addresses this issue (Attachment C-on
file). Staff has requested that the applicant provide information from the Health Department and/hydrologist
documenting the feasibility of increasing the depth of the existing well to provide adequate service. The
applicant has been in contact with the Health Department, but this information is note available, to date. It is
anticipated that the Health Department information will be available in sufficient time for the staff to review
prior to the public hearing.
The request is consistent with the Comprehensive Plan policy for the provision of public water
service to the Rural Area. However, further information will need to be provided and reviewed regarding
on-site options for providing adequate service to the site, specifically the potential for upgrading the existing
well. In order to allow for a timely review of this request given the applicant’s current situation, staff
recommends the Board set a public hearing to consider providing public water service to the existing
structure only on Tax Map 45, parcel 15.
(Ms. Humphris said she was exasperated because the staff report was not clear. The gentlemen
has a 40-foot board well which he is having problems with, and has to have water hauled. Although he had
a consultant write to the Board about the future need for a back-up drainfield, the whole idea of having a
new well drilled, was not addressed at all. She said it must be addressed before the Board can deal with
this.
Mr. Benish said the applicant is aware of that. The Health Department has been to the site. He is
having difficulty in having well drillers come in a timely fashion to give him some information. He is aware
that the information is needed before the public hearing. Mr. Benish said he is caught in a difficult situation
when the applicant has a dry well, in trying to get the process started. Staff knows the Board will not take
action until it knows there is no other private on-site remedy.
Ms. Humphris said this property is in a very strategic location next to the Ivy Creek Natural area. Mr.
Tucker said staff will try to put this matter on the November 7 meeting.)
By the recorded vote set out above, staff was authorized to advertise for a public hearing
for November 7, 2001, to amend the service (jurisdictional) area of the Albemarle County Service
Authority to extend water service to Tax Map 45, Parcel 15 (Jeff Saine).
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Item 7.5. FY 2002-03 Proposed Operating Budget Document Format and Calendar.
It was noted in the staffs report that last year, staff made minor changes to the budget document.
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It was their stated intent to simplify and streamline the budget document. Staff has made these changes
with both the Board and the public in mind, striving for a document that is clear, understandable, and
informative for those making budget decisions, while at the same time being concise and pleasing in
appearance to anyone who may read it.
Additionally, the proposed schedule of the upcoming budget process is sent to the Board to
establish firm dates for meetings and to provide the public with as much notice as possible for public
hearings and work sessions.
October 3, 2001 (Regular Day Meeting)
(Page 7)
The following changes from the FY 2001-02 format are proposed:
1. Department pages will be streamlined. They will include:
C A concise department description;
C A slightly simplified financial chart;
C An "Overview/Changes" section outlining any major changes in the department's
budget over last year;
C A "Recommended Increases/Unfunded Requests" chart that clearly shows which
new programs have or have not received recommended funding and the amount
of that funding;
C "Outcome Measures" that begin to set forth the measures by which a department
will judge their performance; and
C A "Programs" section which describes each division or program's function, staff
and budget within the department. Previously, each division or program had its
own separate page with a description, requests and detailed financial data.
2. Agency sections will be streamlined to include all agencies within a functional area under one
heading of Contributions, rather than having a separate descriptive page and financial table for each
agency. These sections will include financial data for all agencies within the functional area, as well as a
description of the agency, its FY '02-03 request, and the County Executive's FY '02-03 recommended
funding. The Program Review Report will continue to be a separate document.
3. The School Division Budget and the Strategic Plan will be eliminated from the budget
document. Both of these sections are currently printed as separate documents. The school budget is in a
separate document which the Board receives, and the Strategic Plan will be revised and may not be
completed at budget time.
4. Since the County is in the second year of the biennial Capital Improvement Program (CIP)
budgeting process, the CIP section will only contain summary data, a description of FY '02-03
amendments, and a summary of the projects that have now moved from the sixth year into the fifth year.
5. Selected pages that contain pictures, charts, and graphs will be copied with color to improve the
overall appearance of the document.
6. The majority of the summary pages will remain the same, although it is staff's intention to
include more charts and graphs for more visual accounting and budget information.
Any suggestions or comments from Board members would be appreciated before staff begins the
FY 2003 budget document preparation.
This memorandum was received as information only.
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Item 7.6. Proposed Lease Agreement for Woolen Mills Lease Storage Space.
It was noted in the staffs report that demand for storage space by the various departments within
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the Albemarle County Office Building currently exceeds available space and that need is projected to
increase. A County Office Building (COB) Space Study identified a storage space deficiency of over 10,000
square feet (July 29, 1999, by Ballou Justice Upton Architects). Much of this storage space is required for
documents that must be legally retained, but are not referenced on a regular basis. The Public Works
Department was tasked with assessing COB space needs based on the July, 1999 study. A survey
revealed that some documents and material are stored unsystematically in stairwells and basements, or in
off-site storage units. The Finance Department, Office of the Registrar and Police Department are perhaps
most severely impacted by this storage shortage. In addition, Schools and several community agencies
have also identified a need for storage space. Staff is evaluating how the long-term need for storage space
can best be addressed, but storage space for the next five years requires an interim solution to provide
County staff adequate time to consider the long-term needs, develop recommendations, and implement
any recommendation selected. To address the interim storage space needs, staff explored the feasibility of
leasing privately-owned storage space.
During the same period that County staff was beginning a search for storage space to lease, the
owner of the Woolen Mills Industrial Storage Warehouse approached the County regarding the use of
approximately 12,300 square feet of warehouse space at a rate of $3.60 per square foot of space per year.
Woolen Mills Industrial Storage Warehouse is located at 2100 East Market Street in Charlottesville. This
location satisfies staff concerns that the storage space is reasonably convenient to the County Office
Building and staff determined that this space would satisfy the needs for an interim storage space.
Engineering and Public Works then contracted a private architectural firm to perform a market rate study of
nearby storage space to evaluate this space with respect to the market. The proposed rent at the Market
Street facility is fair and reasonable as compared to other similar storage space located in the
Charlottesville area. Staff agrees with the findings of the consultant's report. Staff has reviewed this
proposed lease agreement between Security Movers, Inc. t/a Security Storage and Van Lines (Lessor) and
the County of Albemarle for the subject space and believes it adequately provides for the County's interim
space needs.
Staff anticipates being able to offset a portion of the annual cost of this lease through funds
October 3, 2001 (Regular Day Meeting)
(Page 8)
currently appropriated to the departments and agencies that will be utilizing the space. While current funds
will not totally offset the cost of the lease, some additional expense is necessary to provide for the basic
storage needs of the County in a more efficient way. Staff will identify any additional funds that may be
needed and make a report to the Board at a future meeting. Staff recommends that the Board authorize
the County Executive to sign a lease agreement for the space described above.
(Mr. Dorrier wondered how the need for storage space entered into the need for office space for
the whole building. He asked if there is a long-range plan dealing with just the County Office Building. Mr.
Tucker said these are two separate issues. Mr. Dorrier asked if they are interrelated. Mr. Tucker said no.
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Staff is looking at office space, which is broader, longer-range planning using consultants. What has
brought this to the forefront are the needs of the Registrars Office, and the storing of voting machines, etc.
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Good space at a reasonable price has been found, and that is why staff is making this request. The Board
will hear more about office space planning in the near future.
Ms. Thomas asked if micro-fiche has reduced the need for storage space. Mr. Tucker said it has
helped. Ms. Humphris said she understands that this space if not heated or cooled, so it is for dead
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storage. Mr. Tucker said staff will be reviewing whether it is paper materials, or other materials, and how
they are stored. Ms. Humphris asked if the Board of Supervisors records are secure. Mr. Tucker said they
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are in the file room in the Clerks Office. Ms. Humphris asked if the room is fire proof. She asked if there is
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backup storage for those records outside of the building. Mr. Tucker said some of those records are stored
on computer and copies are stored at the State Library.)
By the recorded vote set out above, the Board authorized the County Executive to sign a
lease agreement between Security Movers, Inc., t/a Security Storage and Van Lines (Lessor), and
the County of Albemarle (Lessee) for the space described above, all as set out above.
THIS SUBLEASE ("Lease") is made this ___ day of _________, 2001, by and
between SECURITY MOVERS, INC., t/a Security Storage and Van Lines ("Lessor") and
the COUNTY OF ALBEMARLE, VIRGINIA ("Lessee"), and provides as follows:
W I T N E S S E T H :
WHEREAS, Lessee desires to lease certain space in a building located in the
County of Albemarle at 2100 East Market Street Extended, Charlottesville, VA; and
WHEREAS, Lessor leases the property at 2100 East Market Street Extended from
Collett M. Thach and Edith C. Thach t/a Security Realty and Lessor warrants and
represents to Lessee that it has the authority under its lease to enter into this Lease with
Lessee.
NOW THEREFORE, IN CONSIDERATION of the terms, conditions and covenants
hereinafter set forth, the parties agree as follows:
(1) PREMISES: Lessor hereby leases to Lessee a portion (12,300 square feet) of
the first floor (the "Premises") of its main four story warehouse building on its real property
at the former Charlottesville Woolen Mills, 2100 East Market Street, Charlottesville,
Virginia. See attached Exhibit A, for a more detailed sketch description of the Premises
and an agreed square foot calculation.
Also included is a non-exclusive right to use other portions of Lessor's property for
direct ingress and egress to and from public streets to the Premises, provided that neither
the Lessee, it sublessees, assigns, customers or invitees shall cause any interference with
access via the Lessor's other property.
(2) TERM: The term ("Term") of this Lease shall begin at 12:00 noon on
November 1, 2001, and end at 12:00 noon on November 1, 2006.
(3) RENT: The Lessee shall pay rent to the Lessor at the rate of $3.60 per square
foot of the premises. Payment of the total rent for the five-year period shall be made as
follows:
Year 1 35% $ 77,490
Year 2 30% 66,420
Year 3 20% 44,280
Year 4 15% 33,210
Year 5 0 0
Total $221,400
Payments shall be made quarterly in advance. Payments not received by Lessor
by the 10th of the month shall incur a 5% late charge; if payment is not received by the
15th of the month, Lessor may, at its option, declare the Lease to be in default. Lessor
shall notify Lessee 90 days prior to the end of the term to negotiate renewal. If the Lease
is to be terminated and Lessee holds over, Lessee shall be liable for rent at the rate of
$7.20 per square foot, for the Premises, payable monthly, until Lessee vacates the
premises.
October 3, 2001 (Regular Day Meeting)
(Page 9)
Should this Lease be terminated for any reason other than Lessee's failure to
abide by the terms of the lease or Non Appropriation of Rent pursuant to Paragraph 18 of
this lease, Lessor shall refund to Lessee all amounts paid in excess of $3.60 per square
foot prorated on a monthly basis for the term of this Lease.
(4) ACCESS: The Premises will be available for access by employees of
Lessee on Monday through Friday, 8:00 am to 5:00 pm, except on Albemarle County
holidays unless prior arrangements are made. All arrangements for access must be
mutually agreed by Lessor and Lessee. Lessee acknowledges that there may be a
charge for such access. The Premises shall never be open to the public, but shall only
be accessible to employees of the Lessor or Lessee.
(5) GOVERNMENTAL APPROVALS: Lessee shall be responsible for taking all
reasonable efforts to obtain all governmental approvals needed to authorize entering into
this Lease and to commence utilizing the Premises.
(6) INSPECTION AND CONDITION OF PREMISES: Lessee acknowledges that
is has made a thorough inspection of the above-described Premises and agrees to
accept the Premises in their present condition, AS IS.
(7) UTILITIES: Lessor shall be responsible for providing electrical power for
lighting the Premises and recharging voting machines. No other utilities or services are
provided. Premises have no HVAC system and are not otherwise heated.
(8) USE OF PREMISES: Lessee shall be responsible for the operations of
loading and unloading of Lessee's personal property at the Premises. Lessee covenants
that it shall occupy and use the Premises in full compliance with all present and future
applicable statutes, ordinances, codes, rules, regulations and orders (collectively,
"Laws") of local, state and Federal governmental entities, departments, commissions,
boards and other agencies and officials thereof, including, but not limited to all Laws
relating to hazardous materials. Lessee shall not use or store hazardous materials or
gasoline, kerosene or other combustible materials on the Premises.
Lessee covenants to take good care of the Premises, to promptly satisfy or bond
off any mechanic's liens on the Premises, to permit no waste thereon, and upon
termination, cancellation or non-renewal of this Lease or any extension thereof, to
surrender possession of the same broom clean and in good repair and condition,
reasonable wear and tear excepted.
(9) LESSOR'S RIGHT OF ENTRY: Lessee agrees that Lessor and its
employees may enter the Premises for the purpose of inspection, maintenance, repairs
or improvements and to permit access to Lessor's offices and the elevator in the building
in which the Premises are located.
(10) MAINTENANCE AND REPAIR: Lessee covenants that at its sole cost and
expense, it shall maintain the Premises and equipment thereon in good operating repair
and clean condition, reasonable wear and tear excepted. Lessor shall be responsible for
maintenance of the building in which the Premises are located.
(11) IMPROVEMENTS: Lessee covenants that it shall make no alterations,
additions or improvements to the Premises without the prior written consent of the lessor.
In its sole discretion, Lessor shall conclusively determine whether any such alterations,
additions or improvements to the Premises become the property of the Lessor or Lessee
at the conclusion of the Lease.
(12) INDEMNITY: Lessor shall not be liable to Lessee or to any other person for
any damage to or loss of property or for injury to or death of persons arising from
Lessee's operations pursuant to this Lease or Lessee's failure to comply with this Lease.
(13) LESSOR LIABILITY: Only in the event that the sole cause of damages for
loss or injury to Lessee's personal property stored at the Premises is Lessor's failure to
exercise reasonable care for such stored personal property, shall Lessor be liable for
such damages. In any event, Lessor and Lessee specifically agree all damages for loss
or injury to Lessee's personal property stored on the Premises shall be limited to a total
of $0.10 per square foot of the Premises.
(14) INSURANCE OF LESSEE: Lessee covenants that during the term of this
Lease or any extension therefore, the Lessee, at its sole cost and expense, shall carry
and maintain such insurance, general liability insurance and property damage as it
deems necessary, as Lessor's insurance shall not extend coverage to Lessee.
(15) CONDEMNATION: In the event the entire Premises shall be acquired or
condemned by any public or quasi-public authority under the power of condemnation,
eminent domain or appropriation, the term of this Lease shall cease and terminate as of
the date possession shall be taken by such authority and Lessee shall pay rent and other
October 3, 2001 (Regular Day Meeting)
(Page 10)
payments required hereby up to that date and an appropriate refund shall be made by
Lessor of such amounts as shall have been paid in advance for a period subsequent to
the date of the taking.
If only a part of the premises shall be taken or acquired by such public authority,
then at Lessor's option, this Lease may be terminated in its entirety or upon notice,
Lessee may remain in possession and the rent shall be abated in that proportion that the
fair market value of the area so taken shall bear to the fair market value of the Premises
as a whole immediately prior to such taking and Lessor shall promptly proceed to restore
the remaining part not taken.
As between Lessor and Lessee, all damages for any condemnation of all or any
part of the Premises including without limitation all damages as compensation for
diminution in value of the leasehold, reversion and fee of the Premises and the Lessee
improvements shall belong to the Lessor.
(16) DAMAGE BY FIRE OR OTHER CASUALTY: If, during the term of this
Lease, the entire premises are damaged by fire or other casualty and they cannot be
restored to substantially the same condition as prior to the date of this Lease with
reasonable diligence within 90 days, this Lease shall terminate as of the date of the
damage or destruction and Lessee shall pay rent or other payments required hereby up
to that date and an appropriate refund shall be made by Lessor of such amounts as shall
have been paid in advance for a period subsequent to the date of the taking.
If, during the term of this Lease, a portion of the Premises are damaged by fire or
other casualty and in Lessor's opinion, they may be restored to substantially the same
condition as prior to the date of this Lease with reasonable diligence within 90 days, then
at Lessor's option, this Lease may be terminated in its entirety as of the date of the
damage or destruction or upon notice, Lessee may remain in possession and the rent
shall be abated in that proportion that the fair market value of the area so taken shall
bear to the fair market value of the Premises as a whole immediately prior to such taking
and Lessor shall promptly proceed to restore the remaining part not taken. All insurance
proceeds for damages to the Premises shall belong to Lessor.
(17) ASSIGNMENT AND SUBLETTING: Lessee shall not assign this Lease or
sublet the Premises or any portion thereof without the prior written consent of the Lessor.
(18) NON-APPROPRIATION CLAUSE: This Lease is subject to annual funding
by the Board of Supervisors of the County of Albemarle, Virginia. In the event the Board
of Supervisors fails to appropriate the funds necessary to fulfill the obligations specified in
this Lease, this Lease shall be deemed canceled, with no penalty or liability to the
County, and of no effect, provided written notice of such cancellation is given to the
Lessor by the County. No refund of rents collected will be due under the terms of this
paragraph.
(19) DEFAULT: Lessee agrees that any of the following shall be deemed a
default by Lessee and a breach of this Lease: (a) failure to pay any installment of rent or
additional charge payable hereunder for a period of ten (10) days, (b) a failure of the
Lessee to perform any other provisions, covenants, or conditions of this Lease, (c) the
filing of bankruptcy, arrangement or insolvency proceedings by or against Lessee or any
assignment by Lessee for the benefit of creditors.
If any one or more events of default shall happen, Lessor may, at its election and
without prejudice to any other remedy which it might otherwise have for arrearage of rent
or proceeding for breach of covenant under any law now or hereafter in force, without
further notice, declare the term of this Lease ended and this Lease shall hereby be
terminated, canceled and annulled and the Lessor, at its option, may re-enter, repossess
and enjoy the Premises, with or without process of law, using such force as may be
necessary in so doing and may distrain for any rent and other payments due hereunder
and institute such other appropriate proceedings as Lessor may be legally entitled to
employ. Lessee covenants and agrees, upon such termination of this Lease at the
election of the Lessor, that it will quit and peacefully surrender the Premises to Lessor. In
addition to the other options herein provided for the Lessor's benefit, Lessor shall have
the option and privilege without causing a forfeiture of the Lease (i) to re-enter upon the
Premises, to sublet the Premises to third parties at such rental as the Lessor shall be
able to obtain and apply the rent in partial or complete satisfaction of the obligations of
the Lessee, to declare as presently due and payable the unpaid rental installments owed
by Lessee, thereby accelerating the maturity of the rental installments for the balance of
the term, and to collect immediately from Lessee the accelerated balance of the term,
less credit for the rent due under the sublease, or (ii) upon default by Lessee in the
performance of any provision hereof, to perform the same for Lessee's account; and any
sum of money, costs or expense so paid or incurred by Lessor during a default for
Lessee's account, putting the Premises in good order or preparing the same for re-rental.
Lessee agrees to pay any expense and reasonable attorney's fees incurred by Lessor for
instituting, prosecuting or defending any action or proceeding instituted by reason of any
default by Lessee, together with all interest, costs or damages. Lessee agrees and
October 3, 2001 (Regular Day Meeting)
(Page 11)
acknowledges that Lessor may use any combination of the above remedies at the sole
option and election of Lessor.
(20) WAIVER: Lessor and Lessee agree that no failure by Lessor to insist upon
the strict performance of any covenants, agreements, terms or conditions of this Lease or
to exercise any right or remedy consequent upon a breach thereof and no acceptance of
full or partial rent during the continuance of any such breach shall constitute a waiver of
any such breach or of such covenant, agreement, term or condition. No covenant,
agreement, term or condition of this Lease to be performed or complied with by Lessee
and no breach thereof shall be waived, altered or modified except by written instrument
executed by the other. No waiver of any breach shall affect or alter this Lease, but each
and every covenant, agreement, term and condition of this Lease shall continue in full
force and effect with respect to any other existing or subsequent breach thereof by either
party hereto.
(21) LESSOR/LESSEE RELATIONSHIP: No provision of this Lease shall be
interpreted or construed to cause Lessor to be a partner, joint venturer, or associate of
Lessee. It is expressly understood and agreed that the relationship between the parties
hereto is and shall at all times remain that of Lessor and Lessee.
(22) RULES AND REGULATIONS: Lessor reserves the right, upon reasonable
notice to Lessee, to adopt reasonable rules and regulations regarding the use of the
Premises.
The parties agree that one such rule is: "Lessee shall permit no smoking or use
of matches or fire by its employees at the Premises or in the warehouse where the
Premises are located." Lessor shall notify the Lessee in writing of the first violation of this
rule by any individual employed by the Lessee. Lessee agrees to pay Lessor a $500.00
penalty for each subsequent violation by any individual that has caused the Lessee to
receive written notification of the first violation.
(23) APPLICABLE LAW AND EFFECT ON SUCCESSORS: This Lease shall
be construed, interpreted and applied according to the laws of the State of Virginia and
shall be binding upon and inure to the benefit of the heirs, personal representatives,
successors and assigns of the parties.
(24) NOTICES: All written notices required or permitted to be given by this lease
shall be deemed to be duly given only when (i) delivered personally to the Director of
Engineering and Public Works for Lessee or to Presley C. Thach for Lessor, as the case
may be, or (ii) when posted by registered or certified mail, postage prepaid, return receipt
requested to Lessee or to Lessor, as the case may be, at the following address:
Lessee: 401 McIntire Road
Charlottesville VA 22902
Lessor: 2100 East Market Street Extended
Charlottesville VA 22902
Or to such other address as may be furnished by either party to the other in
writing in accordance with the provisions of this paragraph. The date of mailing shall be
deemed the date of giving such notice, except for notice of change of address, which
must be received to be effective.
(25) HEADINGS: The headings contained within this Lease are solely for
purposes of convenience in reviewing the document and shall not be considered in
construing the meaning of any paragraph.
(26) ENTIRE AGREEMENT: This Lease constitutes the sole agreement
between Lessor and Lessee and there are no further or other agreements or
understandings, written or oral, in effect between the parties relating to the Premises.
__________
Item 7.7. Potential Transportation Enhancement Grant Projects for 2002.
It was stated in the staff's report that the Board is being provided information on potential TEA-21
(Transportation Equity Act for the 21st Century) Enhancement Grant project(s), which could be pursued by
the County. The next deadline for grant requests is January 31, 2002. VDOT has established twelve
categories for eligible projects. The Transportation Enhancement Program provides a means of financing
activities that go beyond the normal elements of transportation projects. The intent of the Enhancement
Grant program is to more creatively integrate transportation facilities into their surrounding communities and
natural environment. Up to 80 percent of a transportation enhancement project can be financed with
Federal Surface Transportation Program (STP) funds. A minimum of 20 percent must come from other
public or private sources.
Staff has identified five potential projects. The Board must secure at least 20 percent of the grant.
Staff is requesting the Boards guidance on which project(s) to pursue. The County is required to hold a
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October 3, 2001 (Regular Day Meeting)
(Page 12)
public hearing for any grant proposal. Public hearings on any proposed project are anticipated to be held in
January.
1. Crozet Streetscape Project: A proposal for the planning and development of
streetscape improvements for downtown Crozet along Route 240. The grant will
incorporate recommendations from the Crozet Community Plan and Crozet Sidewalk
Study, currently under development. Staff anticipates the design will include road
improvements, sidewalks, lighting and landscaping along Route 240, potentially from the
library to Jarman Gap Road.
2. Darden Towe Park to Pen Park Pedestrian Bridge: This project proposes a
pedestrian bridge that crosses the Rivanna River to connect Penn Park and Darden Towe
Park. There is not currently a safe and convenient pedestrian access between these two
major parks. The proposal will meet American Disability Act requirements. This proposal
may be a joint application with the City of Charlottesville. The City has this project on their
list of potential TEA-21 Enhancement funded projects.
3. Boat Launch Access at Polo Grounds Road (Route 643) and the Rivanna
River: This project proposes a boat launch and river access to the Rivanna River at the
Route 29 Bridge from Route 643. This would be an ideal location for a boat launch and
access to the proposed Rivanna Greenway. This general area is currently being used
informally in an uncontrolled manner. This project is consistent with the recommendation
of the County Greenway Plan and would serve to provide safe controlled/public access to
the South Fork Rivanna River below the SFRR reservoir dam.
4. Meadow Creek Parkway - Phase 1: The Meadow Creek Parkway Final Report
adopted as a component of the Comprehensive Plan in September, 2001, recommends a
road alignment with a design concept that would include development of a linear
park/open space, bicycle and pedestrian facilities and transit routes that connect new and
existing neighborhoods, and communities facilities. The grant will be used toward planning
and development of these facilities.
5. Rivanna River Greenway - Pantops: This grant would fund development of the
Greenway along the Rivanna River from Free Bridge (Route 250) to the State Farm
Insurance Company area. This facility is identified in the Greenway Plan and the
Neighborhood Three Study, both components of the Comprehensive Plan. There has
been reservation on dedication of land in this area for greenway development. New
residential developments in this area (Carriage Hill, Riverbend Apartments) will increase
the demand for pedestrian facilities. The greenway would also serve to connect this area
to Darden Towe Park.
Staff is aware of a previous request for an enhancement project by the Batesville Ruritan Club for
streetscape improvements. The Batesville Ruritan Club may decide to submit an application in 2002. Their
request would require the Boards support. Staff recommends that the Board support staff's
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recommendation to pursue the Crozet Streetscape Plan as its top priority. The remaining projects have
been listed in order of staff's recommendation.
(Ms. Humphris said staff has recommended that the Board approve the Crozet Streetscape Plan,
but she wondered if the Board wanted to discuss the other projects. Ms. Thomas said she was
overwhelmed at the value of each of the projects.
Mr. Benish said this list is in priority order. The Crozet project is listed as No. 1. Most important to
staff is that the Board give its comments on the priority list itself. If staff cannot find a competitive grant, it
may need to go to the next project. The second project listed is one that needs to be done in cooperation
with the City. The City has not yet prioritized their list.
Ms. Humphris said she thinks the Crozet project should be No. 1. She wondered why a pedestrian
bridge between the two parks is No. 2. For County citizens, she thinks the boat launch would be the next
priority.
Mr. Cilimberg said if the City is interested in Priority No. 2, it is possible staff would be applying for
two grants, one jointly with the City, and one for the County. Ms. Humphris said in the last couple of years,
the County has given the City a lot of support for some of their projects. Maybe they would do the same for
the County.
Mr. Bowerman said the Eastern Planning Initiative is looking at a potential short connector between
Route 20 and Rio Road that could have a pedestrian bridge associated with it, so he would ask that it be
considered in terms of that initiative. Ms. Humphris said the idea should be looked into. Ms. Thomas said if
in a couple of years a road could be built and have the pedestrian bridge as part of it, that idea should be
considered. Mr. Cilimberg said if a route for a Route 20 connection can be identified, it will have to be either
outside of Towe Park, or on the edge, because of Federal funding. Ms. Thomas said there is a part of the
park which was not Federally-funded, on purpose. She got the records of that recently from someone who
knew that Gerry Fisher and others had carefully not gotten Federal funding for the part of the park which is
further from the Key West subdivision toward the Elks Lodge.
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Mr. Perkins asked if staff had any feeling about which of these projects might have the best chance
October 3, 2001 (Regular Day Meeting)
(Page 13)
of receiving a VDOT award. He said the Crozet project is similar to something in which the town of
Scottsville is presently involved.
Mr. Martin said he believes the Board should support the Crozet project. Mr. Dorrier asked if a
motion is necessary. Ms. Thomas said a motion to adopt the consent agenda will put the Crozet Project as
No. 1., but staff has asked for a consensus about Project No. 2. Mr. Tucker said the only thing to consider
is whether No. 2 and No. 3 should be switched.
Ms. Thomas said what she hears is to check into No. 2 more. Mr. Benish said as staff begins to
develop requests for grants, the Board will be required to hold public hearings, and staff will give the Board
status reports.)
By the vote shown above, the Board supported staff's recommendation to pursue the
Crozet Streetscape Plan as its top priority.
__________
Item 7.8. Status Update on Woods Edge Apartments for the Elderly and request Approval of
Memorandum Agreement.
It was noted in the executive summary that Woods Edge Apartments is a 96-unit new construction
tax credit project developed by a partnership involving Fore Property Company and the Jefferson Area
Board for Aging (JABA). The three-story building is designed for seniors (targeted to the elderly at 60
percent of the median county income) with senior services and activities to be provided in part by JABA.
Proposed rents, which include gas, water, sewer, and trash collection, are $610.00 for one-bedroom units
and $731.00 for two-bedroom units.
On July 5, 2000, the Board adopted a resolution for the issuance of up to $5.250 million of revenue
bonds to finance the development and agreed to support the project with $320,000.00 over an eight-year
period to reduce the rents for 30 elderly households with incomes below 50 percent of the area median
income. The County funding was subject to a separate agreement with JABA that assures the funding is
used for the project as outlined in their report dated May 30, 2000, and the July 5, 2000, Executive
Summary titled Funding Request from Fore Woods Edge L.L.L.P. for Woods Edge Apartments.
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During FY 02 budget discussions, a decision was made to appropriate the annual contribution of
>
$40,000.00 for the Woods Edge program to the Piedmont Housing Alliance (PHA). PHA, a regional
non-profit organization, which currently administers the Albemarle Housing Initiative Fund, indicated the
potential for leveraging Federal funds using the County's contribution to JABA. PHA agreed to receive the
funds from the County, disburse them to JABA, monitor the compliance, and provide periodic reports to the
County's Office of Housing on the use of the funds. The appropriation was approved as part of the FY
01-02 budget. Any funds leveraged by this contribution to PHA will be directed toward other identified
>
housing needs for the elderly.
Woods Edge Apartments expects to open in early November, 2001 with a stabilized occupancy of
at least 95 percent by the end of March, 2002. Management staff is beginning to process reservations into
rental applications with 15 completed (eight of which are County residents). Staff is working on 20
additional reservations, 16 of which are County residents. The Woods Edge management agent has
notified the Countys Office of Housing that they will begin accepting referrals through the Housing Choice
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Voucher Program. Individuals with the voucher subsidy will be able to afford the market rate, but get the
additional rent reduction provided with the County's contribution.
There are two documents needed to complete the commitment of funds to JABA through the
budget appropriation to PHA. The County will execute a Memorandum of Agreement (MOA) with PHA that
outlines the purpose of the appropriation and obligations of both PHA and JABA. In addition to
administering the funds, PHA is requested to leverage the funds to the extent possible to address other
elderly housing issues. The MOA also requires PHA to receive periodic reports from JABA on beneficiaries
of the County contribution and to forward the reports to the County's Office of Housing.
The second document is the Woods Edge Agreement between PHA and JABA. This agreement
outlines the purpose and provides some flexibility in how and when PHA disburses the funds to JABA. Both
documents detail JABA's responsibility for using the funds to provide rent reductions for 30 of the property's
96 units and to rent these units to households with incomes below 50 percent of the area median income.
Both agreements are for one year each allowing for annual renewals with or without revisions for a
period of up to eight years. Such renewals would be based on performance and annual appropriations
from the County. Staff recommends that the draft agreements be approved to meet the final condition of a
separate agreement for the County's contribution to the Woods Edge elderly housing project. Once
finalized, staff recommends that the Board authorize the County Executive to execute the Memorandum of
Understanding agreement with PHA. PHA will then execute an agreement with JABA. A full report on the
Woods Edge project will be provided to the Board after full lease-up is completed after the first of the year.
By the vote recorded above, the Board approved the Woods Edge Project Memorandum of
Agreement with the Piedmont Housing Alliance, and the Woods Edge Agreement between Piedmont
Housing Alliance and the Jefferson Area Board for Aging. The Board also authorized the County
Executive to execute the Woods Edge Project Memorandum of Agreement with the Piedmont
Housing Alliance, as set out below.
WOODS EDGE PROJECT
October 3, 2001 (Regular Day Meeting)
(Page 14)
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement is made this ___ day of ________, 2001 by and
between the COUNTY OF ALBEMARLE, a political subdivision of the Commonwealth of
Virginia (the "County") and the PIEDMONT HOUSING ALLIANCE ("PHA").
WHEREAS, the preservation of existing housing in safe and sanitary condition and
the production of new housing for persons of low and moderate income are public
purposes and uses for which public money may be spent, and such preservation and
production are governmental functions of concern to the County; and
WHEREAS, the County wishes to support PHA in making grants or loans to
owners of residential rental property occupied, or to be occupied, following rehabilitation or
after construction if new, by persons of low and moderate income, for the purpose of
rehabilitating or producing such property, subject to certain requirements.
THEREFORE, the County does hereby make an annual grant of $40,000 to the
Piedmont Housing Alliance subject to the following conditions:
1) Purpose. This grant is made solely for the purpose of assuring that the Woods
Edge residential rental property will be occupied by elderly persons of low and moderate
income.
2) PHA Obligations. PHA shall, upon receipt of funds from the County, manage
the funds, develop a process for disbursing funds to the Jefferson Area Board on Aging,
Inc. ("JABA") (or its designee), receive reports from JABA and forward reports to the
County's Office of Housing. PHA shall leverage the funds to the extent possible. Any
leveraged funds shall be used by PHA to further assist very low-income elderly households
address their affordable housing needs. PHA shall report the amount and use of
leveraged funds to the County's Office of Housing as requested.
3) JABA Obligations. As a condition of making disbursements of grant funds to
JABA, PHA shall enter into a separate agreement with JABA. Said agreement shall
provide that County funds provided by PHA to JABA shall be used solely to subsidize rents
for those households below 50% area median income, with priority given to current
Albemarle residents. As further conditions of receiving County funds from PHA, said
agreement shall also require JABA:
a) To ensure that for a minimum of eight years, 30 of the development's
96 units are rented to elderly households with incomes at or below 50% of the area median
income as follows:
i) 1 person $21,300
ii) 2 persons $24,300
iii) 3 persons $27,350
iv) 4 persons $30,400
These income limits are subject to annual revisions when adjustments
are published by the U.S. Department of Housing and Urban Development.
b) To utilize the annual allocation of $40,000 to reduce rents for the 30
eligible households who are not receiving rental assistance under the Section 8 Housing
Choice Voucher Program, with reductions ranging from $107 to $127 monthly;
c) To maintain outreach efforts and work with the management entity to
provide outreach to eligible households currently residing in Albemarle County;
d) To provide quarterly reports to PHA indicating the unit numbers
receiving assistance, the contract rent for all units at Woods Edge, and the rental
assistance provided for each unit.
4) Timing of Funding. PHA shall receive 25% of the annual funding at the
beginning of each quarter. PHA may disburse the full amount to JABA quarterly or may
choose to disburse monthly. PHA shall compile a report to the County by December 31
and June 30 each year.
5) Unused Funds. Unused funds as of June 30 each year shall be used to
offset future disbursements, at the discretion of the County.
6) Default. A violation of any of the terms contained herein shall be considered
a default. In the event of default, the County reserves the right to terminate any further
grants previously allocated, but not yet disbursed.
7) Term. This agreement shall be valid through June 30, 2002, and may be
extended, with or without amendments, annually for up to eight consecutive years, if the
Parties so agree. All funding is subject to annual appropriation by the County Board of
October 3, 2001 (Regular Day Meeting)
(Page 15)
Supervisors.
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Item 7.9. Resolution to accept Fortune Park Road in Forest Lakes North (Commercial Area)
Subdivision into the State Secondary System of Highways.
At the request of the Countys Engineering Department, the Board adopted the following
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resolution by the vote set out above.
R E S O L U T I O N
WHEREAS, Fortune Park Road in Forest Lakes North (Commercial Area)
Subdivision described on the attached Additions Form SR-5(A) dated September 21,
2001, fully incorporated herein by reference, are shown on plats recorded in the office of
the Clerk of the Circuit Court of Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation
has advised the Board that Fortune Park Road meets the requirements established by the
Subdivision Street Requirements of the Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County
Supervisors requests the Virginia Department of Transportation to add Fortune Park Road
in Forest Lakes North (Commercial Area), as described on the attached Additions Form
SR-5(A) dated September 21, 2001, to the secondary system of state
highways, pursuant to 33.1-229, Code of Virginia, and the Department's Subdivision
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Street Requirements; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted
right-of-way, as described, exclusive of any necessary easements for cuts, fills and
drainage as described on the recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the
Resident Engineer for the Virginia Department of Transportation.
* * *
The roads described on Additions Form SR-5(A) are:
1) Fortune Park Road from the intersection of Timberwood Boulevard
(Route 1721), edge of pavement, to the intersection of Worth Crossing
(Route 1722), edge of pavement, as shown on plat recorded 9/24/97 in
the office of the Clerk of the Circuit Court of Albemarle County in Deed
Book 1643, pages 643-644, with a 50-foot right-of-way width, for a length
of 0.09 mile.
Total Mileage - 0.09 mile.
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Item 7.10. FY 2001 Proposed Budget Amendments.
It was noted in the staffs report that Code of Virginia 15.2-2507 stipulates that the County hold a
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public hearing to amend its budget if the additional appropriated amounts exceed one percent of the
original budget or $500,000, whichever is the lesser. The FY 01 budget amendment totals $935,387.60 in
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the General Fund, School Fund and various Grants/Program Funds, as detailed below.
ESTIMATED EXPENDITURES
General Fund
Judicial $ 11,000.00
Public Safety 243,000.00
Engineering/Public Works 1,000.00
Parks, Recreation, Culture 9,000.00
Refunds 89,000.00
Total Expenditures-General Fund $353,000.00
Education Operating Fund $310,978.10
Grants/Programs/Projects Funds
M.P.O. Grant $ 26,500.00
Traffic Safety Grant 3,809.50
Family Support Program 90,000.00
Comprehensive Services Act 150,000.00
Towe Park 1,100.00
Total Expenditures-Other Funds $271,409.50
October 3, 2001 (Regular Day Meeting)
(Page 16)
TOTAL ESTIMATED EXPENDITURES $935,387.60
ESTIMATED REVENUE
General Fund
Local Revenue $ 1,450.00
State Revenues 9,000.00
Fund Balance 344,000.00
Total Revenues-General Fund $354,450.00
Education Funds
Local Revenue $ 54,518.02
Total Revenues-Education Funds $ 54,518.02
Grants/Programs/Projects Funds
Local Revenues $235,489.00
State Revenues 133,056.58
Federal Revenues 137,369.08
Fund Balance 20,504.92
Total Revenues-Other Funds $526,419.58
TOTAL ESTIMATED REVENUE $935,387.60
Below is listed the details of the appropriation requests:
Appropriation #20083, $150,000.00, Comprehensive Services Act. Mandated services for special
education (residential and non-residential) exceeded projections. Funding will be provided by additional
state revenues and a transfer from the School Fund for their share of the additional expenses.
Appropriation #20084, $26,500.00, Metropolitan Planning Organization Grant. The 2000-01
Unified Planning Work Program was prepared by the Thomas Jefferson Planning District Commission for
the Charlottesville/Albemarle Metropolitan Planning Organization. The program includes transportation
studies and on-going planning activities, including a Transportation Improvement Program (TIP) that lists
road and transit improvements for the upcoming three years, and the 20-year Charlottesville Area
Transportation Study (CATS) updated every five years. Other activities address traffic congestion,
City-County bicycle and pedestrian improvements, and public-private transit development. Activity in the
latter part of the fiscal year requires approval of expenses incurred for these studies.
Appropriation #20085, $3809.50, Traffic Safety Grant. Traffic activity continues to increase in the
County. The Virginia Department of Motor Vehicles recognizes this problem and has funded grants using
Federal pass-through moneys to increase traffic enforcement through selective enforcement assignments
employing officers working overtime. This grant commenced October 1, 1999, and extended through
September 30, 2001. A balance of $3809.50 remains to be appropriated in 2000-01. There is no local
match.
Appropriation #20087, $90,000.00, Family Support Program. Expenditures exceeded projections;
fully covered by additional Federal revenues.
Appropriation #20088, $29,959.58, School Programs. The Preschool Grant was not fully expended
in FY 99-00. The grant carry-over amount of $29,959.58 retained by the State may be appropriated for FY
00-01. These funds will help cover additional preschool summer school expenses. Also, the Regional
Education Program (PREP) was funded in the school budget for FY 00-01 in the amount of $1,251,694.00.
It is requested that the fund balance of $10,000.00 be reappropriated for FY 00-01 to help cover additional
expenses in the PREP Program.
Appropriation #20089, $281,018.52, School Programs.
C The Albemarle County Public Schools Summer Program incurred additional expenditures and
received additional revenue exceeding the budget appropriation in the amount of $42,000.00.
These additional revenues will be used to pay teacher salaries.
C The Adult Basic Education Program had a shortfall of $922.00 for FY 00-01. The program
mandates a 15 percent match of local funds. It is requested that $922.00 be transferred from
the School Fund to adequately meet the grant mandate.
C The General Adult Education Program is a Federally-funded program that provides
instructional services to meet the needs of adults who are working toward a high school
diploma. The actual revenues received exceeded the anticipated revenues by $4768.00.
There is also a fund balance from FY 99-00 in the amount of $3317.90. These funds will help
to cover the expenses of General Adult Education for FY 00-01.
C Albemarle County Public Schools (ACPS) is a partner in Virginia's four-year old Preschool
Initiative, Bright Stars. As part of this partnership ACPS provides transportation and meals
(breakfast, lunch, snack), to participating children through the United States Department of
Agriculture's Child Care and Adult Day Care Program. The program reimburses the School
Division for meals based on the student's participation and qualification for free or reduced
priced meals. The reimbursement received was $34,823.60. There is also a Fund Balance
October 3, 2001 (Regular Day Meeting)
(Page 17)
from FY 99-00 in the amount of $1538.83. These funds will help cover the Bright Stars
program expenditures for FY 00-01.
C The Program for Seamless Transition (PoST) grant award was not fully expended in FY 99-00.
The grant has a fund balance in the amount of $5648.19. These funds need to be
reappropriated in FY 00-01.
C The Vehicle Maintenance Fund exceeded its appropriated budget during FY 00-01 due to
higher than anticipated fuel costs and greater usage. This fund was established several years
ago to remove the fuel, lubricants and parts expenses associated with the maintenance of
outside vehicles from the School Fund. This fund contains all of the fuel, lubricants and parts
used to repair both local government vehicles and other vehicles serviced and fueled at the
School system's repair facility. It is requested that $188,000.00 be reappropriated to cover
these expenditures.
C The Comprehensive Services Act (CSA) ($150,000.00) implemented in 1993, is the primary
funding source for at-risk children and families who are either in foster care, involved with the
juvenile court system, or require residential or day treatment services because of their special
education needs. The School Division is fiscally responsible for costs associated with providing
special education services to those children served under the CSA. A final estimate of these
costs has been completed for FY 00-01. There has been a steady increase in the number of
children with significant emotional or behavioral issues who reside in Albemarle County. This
placed serious demands on funds set aside to address the mandates of the CSA. Although it
is difficult to predict with absolute accuracy what may be the final expenses for the FY 01-02
school year, it is assumed there will be no noticeable decrease in the demand for these
services in the foreseeable future. As projected in the financial reports provided to the Board
during the year, there has been some savings associated with reduced enrollment for FY
01-02. The funds allocated for use for this Teacher Salary code were not required to meet
expenses and, therefore, can be reallocated to meet this unanticipated expense. It is
requested that $55,596.02 be transferred from the teachers salary account to the CSA fund.
Appropriation #20090, $354,100.00, FY 2000-01 Over-expenditures. The following activities
exceeded appropriations for FY 01:
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C Juvenile Court - Salary adjustment and pay-off of accrued leave for terminating employee.
Revenues to offset costs are provided by Virginia Juvenile Justice Crime Contract Act funds
(VJCCA).
C Sheriff - Overtime wages for contracted external security activities; reimbursable overtime
revenues from these activities also exceeded projections.
C Regional Jail, $234,000.00 - The FY 01 County budget was prepared based on a projected
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inmate census of 121,345. However, the actual FY 01 inmate census was 154,278, an
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increase of 27 percent over projections. As a result of this, the per diem charge to the localities
substantially exceeded the Jail's budget projections.
C Towe Park - Repairs and maintenance exceeded projections by $1100.00. Local shares
increased due to a shortfall in program revenues.
C Refunds, $89,000.00 - Increase in refunds due to PPTR (Personal Property Tax Relief).
Leased vehicles must be certified as eligible by leasing company and often this occurs after
original bill is paid. Also, a large license refund was made to a business that discontinued
operations in the County.
C Education - Expenditures exceeded the budget in four categories. Administration - $20,000.00;
Transportation - $95,000.00; Maintenance - $150,000.00; and, Construction - $50,000.00.
Increased fuel and utility costs are the main factors. These costs will be offset by reduced
expenditures in the Instructional category.
At the request of staff, and by the vote shown above, the Board set October 10, 2001, as the
public hearing on the FY 2001 budget amendments detailed above.
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Item 7.11. FY 2002 Proposed Budget Amendments/Reappropriations.
It was noted in the staffs report that the FY 02 budget amendment totals $12,536,616.89, as set
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out below:
ESTIMATED EXPENDITURES
General Fund
Administration $ 358,554.10
Judicial 17,275.00
Public Safety 148,336.63
Engineering/Public Works 172,461.46
Human Development 48,620.71
October 3, 2001 (Regular Day Meeting)
(Page 18)
Parks, Recreation, Culture 37,402.20
Community Development 236,918.08
Board of Supervisors Contingency (1,000.00)
General Fund Expenditures $1,018,568.18
Education Operating Fund $ 19,260.00
Capital Improvement Fund
Local Government (for on-going projects) $5,718,777.82
Education 1,162,480.62
Capital Improvement Expenditures $6,881,258.44
Grants/Programs/Project Funds
Chesapeake Bay Restoration $ 7,540.00
HUD Public Assistance Housing 1,478,070.00
Comp Community Corrections Act 564,442.00
2001 Local Law Enforcement Grant 37,814.00
Metropolitan Planning Organization 20,000.00
Bright Stars Program 10,000.00
United Way Day Care Program 529,870.00
Tourism Programs/Projects 380,841.41
Computer Aided Dispatch Project 413,318.69
Storm Drainage Projects 949,281.17
Education Programs/Projects 226,353.00
Grants/Programs/Projects Expenditures $4,617,530.27
TOTAL ESTIMATED EXPENDITURES $12,536,616.89
ESTIMATED REVENUE
General Fund
Local Revenues $ 93,806.00
Fund Balance 1,369,568.18
Total Revenues-General Fund $ 1,463,374.18
Education Funds
Local Revenues $ 2,750.00
Fund Balances 6,500.00
Total Revenues-Education Funds $ 9,250.00
Capital Improvement Fund
Local Government
Local Revenues $ 313,336.90
State Revenues 54,150.33
Fund Balance 4,436,364.93
Education
Fund Balance 1,162,480.62
Total Revenues-Capital Improvement Funds $ 5,966,332.78
Grants/Programs/Project Funds
Local Revenues $ 646,672.69
State Revenues 745,787.00
Federal Revenues 1,796,446.00
Fund Balances 1,908,754.24
Total Revenues-Other Funds $ 5,097,659.93
TOTAL ESTIMATED REVENUE $12,536,616.89
Subsequent to a public hearing, staff requests approval of the FY 02 budget amendment in the
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amount of $12,536,616.89 and approval of Appropriation Resolutions #2001-010, #2001-011, #2001-012,
#2001-013, #2001-014, #2001-015, #2001-016, #2001-018, #2001-019, #2001-020, #2001-021,
#2001-022, #2001-024, #2001-025, #2001-026, #2001-027 and #2001-028. Also, Appropriation
#2001-017, which was previously approved at the September 12, 2001, meeting and is included with this
budget amendment to meet the statutory advertising requirement. No further action is required on
#2001017.
Appropriation #2001-010, $7540.00, Authorization to Expend Chesapeake Bay Restoration Grant.
Stream buffer education has been on-going in the County for some time. Stream buffer regulation began in
1991 when the County passed its first stream buffer ordinance. In 1999, the County received a grant to
design stream buffer signs. This grant provides funds to produce the signs previously designed. The work
to be performed by the County will be funded by a $3150.00 State Grant and $4390.00 local match. The
local match will be transferred from the Engineering Department's approved budget and will not require
additional funds from the County.
Appropriation #2001-011, $1,478,070.00, Funding for HUD Public Assistance Housing Grants. The
Section 8 Housing Program is an on-going rental assistance program offered by the Federal Department of
October 3, 2001 (Regular Day Meeting)
(Page 19)
Housing and Urban Development (HUD). The Section 8-001 program provides housing assistance with
170 subsidies, and is funded through June, 2002. The Section 8-002 program provides 80 housing
vouchers. The final amount of the Federal HUD grant will be determined by the final amount of assistance
rendered to residents. The Fund Balance will be appropriated after the fiscal year audit is completed. It is
estimated that grant 8-001 will approximate $787,545.00 and grant 8-002 will approximate $690,525.00, a
total of $1,478,070.00.
Appropriation #2001-012, $564,442.00, Comprehensive Community Corrections Act Grant. The
County serves as fiscal agent for the Jefferson Area Community Criminal Justice Board (CCJB). In that
capacity, the County receives and appropriates funds awarded to the CCJB by the Department of Criminal
Justices Services (DCJS). The County contracts with community agencies to provide the services
stipulated in the grant. For FY 2001-02, DCJS awarded $564,442.00 to the CCJB to be allocated as
follows: Offender Aid and Restoration for pre-trial and community correction services at the
Albemarle-Charlottesville Regional Jail and community correction services at the Central Virginia Regional
Jail, $443,490.00; Central Virginia Regional Jail for pre-trial services, $33,066.00; Region Ten Community
Services Board for substance abuse treatment, $85,886.00; and the Community Criminal Justice Board for
office expenses, $2000.00.
Appropriation #2001-013, $37,814.00, Funding for 2001 Local Law Enforcement Grant. The U.S.
Department of Justice awarded a two-year grant beginning October 1, 2000, to the County for the reduction
of crime and improvement of public safety. The Police Department will use these funds for current officers
working overtime in support of community safety projects within the County. The funds can also be used to
provide support in other areas, such as increased security, a crime prevention program, and a
multi-jurisdictional task force. The $37,814.00 program will be funded by a $34,033.00 DOJ Federal grant
and local match of $3781.00. The local match will be funded out of current operations and does not
require any additional moneys.
Appropriation #2001-014, $20,000.00, Funding for Metropolitan Planning Organization Grant. The
2001-2002 Unified Planning Work Program was prepared by the Thomas Jefferson Planning District
Commission for the Charlottesville/Albemarle Metropolitan Planning Organization. The program includes
transportation studies and on-going planning activities, including a Transportation Improvement Program
(TIP) that lists road and transit improvements for the upcoming three years, and the 20-year Charlottesville
Area Transportation Study (CATS) which is updated every five years. Other activities address traffic
congestion reduction, city-county bicycle and pedestrian improvements, and public-private transit
development. The work to be performed by the County will be funded by a $16,000.00 Federal Grant, a
$2000.00 State Grant and a $2000.00 transfer from the Planning Department's approved budget.
Appropriation #2001-015, $137,151.00, Authorization to Expend Various School Grants and
Donations, as follows:
C Henley Middle School received a donation in the amount of $2500.00 from the
Henley Middle School PTO. These funds will be used for salaries for the At-Risk
Program and library night.
C The Virginia Commission for the Arts awarded an Artists-In-Education Residency
Program Grant (AIERP) in the amount of $1350.00 to Stony Point Elementary
School. This program will develop awareness of writing as a medium for students
and staff, integrating creative and nonfiction writing into the core academic and arts
curricula.
C The Frederick S. Upton Foundation made a grant award in the amount of $6000.00
to Henley Middle School. This grant award will support Henley's Cultural Enrichment
Program in funding three artists-in-residency programs: Sculpture, Writer and
Dramatic Interpretation. The projects will involve interactive activities to include
hands-on learning experiences for students using performing, visual and musical
arts.
C The Virginia Department of Education, Office of Virginia Business Education
Partnerships, made a grant award to the Albemarle County Public School's
Vocational Department in the amount of $103,468.00. These funds will provide
academic tutoring and mentoring to provide targeted students with adequate
academic skills and career planning including field trips, job shadowing experience
and an entrepreneurial project.
C The Special Education Department received a Special Education Local Improvement
Grant (SLIVER) from the Virginia Department of Education in the amount of
$15,627.00. SLIVER funds will allow Special Education teachers to increase the
level of achievement of students with disabilities on SOL content areas assessments.
These funds will be used to purchase computers and instructional technology.
C Dominion Virginia Power awarded a grant in the amount of $3500.00 to Broadus
Wood Elementary School. This grant will fund the project Kinesthetic Training for
Students, Parents and Teachers. The target groups, which include students, parents
and teachers, will be trained with kinesthetic learning techniques. These
action-based activities help students strengthen learning and study skills in school
and at home and will help prepare students for their SOL tests.
October 3, 2001 (Regular Day Meeting)
(Page 20)
C The Virginia Department of Education awarded a Governor's Academic Challenge
Grant in the amount of $4706.00 to Murray High School for FY 2000-01. The goal of
this program is to enable participating at-risk math students to pass the SOL tests.
Computer-assisted instruction, tutorial and teacher assistance will be available during
the math lab and after school.
Appropriation #2001-016, $370,841.41, Original Appropriation for FY 02 Tourism Fund.
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Authorizes the transfer of Tourism Funds for nine projects approved in the original adopted General Fund
budget: Visitor's Bureau, Visitor's Bureau Maintenance, Tourism Development, Virginia Film Festival, Lewis
& Clark Festival, Festival of the Book, Discovery Museum, Municipal Band and Ashlawn-Highland. This
appropriation will also authorize the transfer of an additional $35,000.00 to implement the
Greenway/Blueway Program using Tourism Fund Balance revenues (Explanation is provided under the
description of new projects on Appropriation #2001-028.) Remaining tourism funds, in the amount of
$380,841.00, are appropriated to a contingency for future projects. The total contingency available for
future projects is $560,081.00.
Appropriation #2001-017, $1000.00, Funding for Lewis & Clark Celebration. The Board previously
approved this appropriation on September 12, 2001. It is included in this budget amendment to meet the
statutory public hearing requirement.
Appropriation #2001-018, $254,323.18, Reappropriation of FY 2000-01 Purchase Orders
outstanding as of June 30, 2001. Several departments had outstanding purchase orders for items
contracted for in FY 01 that had not been received as of June 30, 2001. This reappropriation will provide
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funding for these outstanding purchase orders to be paid in FY 02.
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Appropriation #2001-019, $413,318.69, Reappropriation for C.A.D. System. The C.A.D. System is
an Emergency Communication Center project funded by the County, City of Charlottesville, and University
of Virginia. This appropriation will reappropriate the funds for this uncompleted project.
Appropriation #2001-020, $678,845.00, Reappropriation of FY 2000-01 Uncompleted Projects as
of June 30, 2001. Several departments had funding for projects originally approved in FY 01 that had not
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been completed as of June 30, 2001. This appropriation will reappropriate the funding for these
uncompleted projects. The major uncompleted projects are $125,000.00 for the Development Area Study
and $250,000.00 for the Financial Management System. The remaining smaller projects are distributed
throughout various departments and include the county-wide customer service survey, election and
redistricting expenses in the Registrar's Office, some vehicle repair and maintenance and insurance
deductibles and some carry-over consultant costs. These projects are itemized on the appropriation form.
Appropriation #2001-021, $10,000.00, Computers for Bright Stars Program. This appropriation will
provide funding for five elementary schools (Greer, Stone Robinson, Agnor-Hurt, Cale and Scottsville) to
purchase and install computers for their Bright Stars Program. These purchases will be funded by program
revenues.
Appropriation #2001-022, $529,870.00, Funding for FY 2001-02 United Way Daycare Program.
The County serves as fiscal agent for the United Way Program that provides scholarships for daycare
assistance. This program is jointly funded by the County, City of Charlottesville and Commonwealth of
Virginia. County funds have already been allocated in the County's FY 02 approved budget.
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Appropriation #2001-024, $101,962.00.
C Stone Robinson Elementary School received a donation in the amount of $250.00
from the Northwestern Mutual Matching Gifts Program. This donation will be used to
purchase educational materials for the school.
C The Charlottesville-Albemarle Community Foundation Grant was not fully expended
during FY 2000-01. It is requested that the fund balance of $8505.00 be
reappropriated for use in FY 2001-02.
C State Farm Insurance Company awarded Agnor-Hurt Elementary School a grant in
the amount of $30,000.00. This grant will fund the Mobile Classroom Project, The
Do-Drop-In Bus. This bus is equipped as if it were a classroom. The goal of the
program is to improve the academic performance of students through extending the
time available to learn.
C The Virginia Commission for the Arts awarded Woodbrook Elementary School a
Touring Assistance Grant in the amount of $150.00. This grant will help fund the Bob
Brown Puppets performance.
C A Technology Literacy Challenge Grant Award from the Virginia Department of
Education in the amount of $53,300.00 was received on November 30, 2000. This
grant award also has a grant balance of $45,590.00 that was not expended during
FY 2000-01 and is being retained by the Virginia Department of Education for
disbursement in FY 2001-02. This grant award is designed to provide instruction to
selected teachers and other instructional personnel increasing their knowledge and
skill to be effective in technology instruction.
October 3, 2001 (Regular Day Meeting)
(Page 21)
C During the FY 2001-02 budget process, the School Board allocated $6000.00 of
funding to the Instructional Technology Department to pay for hardware and other
expenses associated with connecting School Board laptops to the Albemarle County
School's network. Due to changing technology and selection of different hardware,
not all of these funds were necessary to provide this service. The remaining funds
($4000.00) are to be returned to the School Boards Reserve.
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C Albemarle Schools received funds from the Division of Teacher Education and
Licensure, Department of Education, in the amount of $10,010.00. The 1998
session of the Virginia General Assembly appropriated funding for a statewide clinical
faculty and mentor teacher program to assist pre-service teachers and beginning
teachers in making a successful transition into full-time teaching. These funds will be
used to implement the mentor teaching program for Albemarle County Schools.
C The Shannon Foundation for Excellence in Public Education has awarded several
teachers of Albemarle County Schools with grants totaling $7457.00. These grants
will be used to purchase instructional materials to assist students in various learning
experiences.
Appropriation #2001-025, $5,657,777.82, Reappropriation of Uncompleted Projects in General
Government Capital Improvement Plan. Funds for ongoing capital improvement projects from FY 01.
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Many of these projects are multi-year projects. These projects are itemized on the appropriation form.
Appropriation #2001-026, $949,281.17, Reappropriation of Uncompleted Projects in Storm
Drainage from FY 01. These projects are itemized on the appropriation form.
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Appropriation #2001-027, $1,162,480.62, Reappropriation of Uncompleted Projects in School
Capital Improvement Plan for ongoing projects from FY 01. These projects are itemized on the
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appropriation form.
Appropriation #2001-028, $152,900.00, Funding for New Project Requests. Ms. White said these
new project requests have not been previously discussed. She said they are recommended for funding
from FY 01 carryover funds.
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C Commonwealth Attorney, $14,000.00, Purchase of equipment and software to
provide access to the legal data base of the Virginia Commonwealth Attorney
Information System. Additional funds are needed because the cost of the equipment
exceeded projected funding.
C Sheriff, $18,200.00, Funding of part-time deputies to assist in becoming State
accredited. Ms. White said the Board heard this request and essentially approved of
the Sheriff going ahead with accreditation, but there was never any money
appropriated into that project.
C Fire/Rescue, $21,000.00, Funding to equip a training facility at East Rivanna to
provide system-wide training for volunteers; also to purchase supplies needed for
dealing with hazardous materials.
C Parks & Recreation, $35,000.00, Funding to move forward on implementing the
County's Greenway/Blueway Plan. This funding will provide for a dedicated position
(nine months in current year) within Parks & Recreation to assist with the formation of
a Greenway Study Committee, execute existing proffers with developers, identify
areas for Greenway development, pursue opportunities for improved river access
and seek out other revenue sources. This project will be funded from the Fund
Balance in the Tourism Fund. An employee currently working in the Planning
Department will be transferred to the Parks Department. He would be part of trying
to implement that program. There is a lot of work to be done on existing proffers.
Also, someone needs to look at ways of obtaining additional funding through grants,
etc.
C Zoning, $3700.00, Completion of renovations currently underway.
C C.I.P - Fire/Rescue, $25,000.00, Fire Incident Reporting System that will interface
with the Computer-Aided Dispatch System.
C C.I.P. - Parks/Recreation, $36,000.00, Due to several occurrences, this funding is
requested to raise the height of the fence surrounding Lane Field from eight feet to
25 feet. This will significantly decrease the number of vehicles struck by baseballs
and the potential for personal injuries.
At the request of staff, and by the vote set out above, the Board set October 10, 2001, as the
public hearing date on the FY 2002 budget amendments detailed above.
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October 3, 2001 (Regular Day Meeting)
(Page 22)
Item 7.12. Draft Thomas Jefferson Planning District Commission (TJPDC) Legislative Program.
It was noted in the staffs report that the Thomas Jefferson Planning District Commission (TJPDC)
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works with the County and other Planning District members each year to develop a legislative program for
the General Assembly session. The Draft 2002 Legislative Program follows the same format as in prior
years, with five priority "action items" and a section highlighting some of the most important ongoing
concerns. The County's major issues are included in the draft program. The presentation of this year's
"action items" differs from the past in that an attempt is made to make them more informative (containing
supporting data, documentation and anecdotes from the localities) in an effort to better educate and
influence existing and new legislators. Staff recommends that Board members review the Draft 2002
TJPDC Legislative Program, and submit any suggested changes to the County Executive. The Board will
be asked to approve the Program at its November 7, 2001, Board meeting.
This memorandum was received for information.
__________
Item 7.13. Draft copy of Planning Commission minutes of July 31, August 14, August 21 and
August 28, 2001, was received for information.
__________
Item 7.14. Notice of Design Public Hearing on Route 250 (Proj: 0250-002-114, PE101, RW201,
C501, from 0.038 miles West of Limestone Creek to 0.028 miles east of Limestone Creek, and Proj:
0250-002-115, PE101, RW201, C501, from 0.066 miles West of Carroll Creek to 0.014 miles east of
Carroll Creek, in Albemarle County). The letter was received as information and states that the Design
Public hearing will be in an open forum format on October 24, 2001, from 5:00 p.m. to 7:00 p.m. in the
Charlottesville Residency Office. The projects are for replacement of two bridges on Route 250 East. The
first bridge is over Limestone Creek and includes the widening of the roadway approaches. The second
bridge is over Carroll Creek and also includes widening of the roadway approaches.
__________
Item 7.15. Notice of special meeting of the Virginia Association of Counties (VACO) membership to
consider amendments to the VACO By-laws on Monday, November 12, 2001, at the Homestead, was
received for information.
(Ms. Humphris said this notice says there will be a change in VACO geographical regions for which
new directors will be elected. She will be retiring from that position on the VACO Board of Directors.
Albemarle County is being changed to a new Region V with a different makeup. She, as a director from
current Region IV, is responsible for letting everyone know there will be a vacancy for the new Region V
directorship. There has to be a caucus on November 11 in order to make this change, but she has not
been able to find out whether the people involved in the caucus on November 11 will be from the old
Region IV or the new Region V. She said if any member of the Albemarle Board is interested in that
vacancy, they should apply. She said the caucuses have been informal, and memberships are handed out
pretty much on a first-come, first-served basis. Her membership on the VACO Board has been very helpful
to her work on the Albemarle Board.)
__________
Item 7.16. Charlottesville VDOT Residency Monthly Report for October, 2001, was received as
information.
__________
Item 7.17. Letter dated September 27, 2001, from H. W. Mills, Assistant Resident Engineer, to
Juan Wade, Department of Planning, re: Carrsbrook Drive (Route 854) speed limit. The letter was
received as information and states at its September 5, 2001 meeting, the Board discussed lowering the
speed limit from 35 to 25 mph. VDOT has provided a copy of its study findings (on file) and do not
recommend any change in the 35 mph speed limit.
_______________
Agenda Item No. 8. Transportation Matters.
Mr. Jim Bryan, VDOT Resident Engineer, said VDOT is working to widen the shoulders of roads
wherever possible for bicyclists. He thanked Mr. Bill Mills for his years of service to VDOT. Particularly for
his assistance during Mr. Bryans transition to Resident Engineer.
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__________
Mr. Bryan then introduced two new Assistant Resident Engineers, Mr. Chuck Proctor, who is the
Assistant for Construction, and Mr. Rob Marshall, the Assistant for Maintenance. He said they were already
VDOT staff members.
__________
Mr. Bryan distributed graphs showing the final six weeks schedule for construction of the Route 29
North bridge over the South Fork Rivanna River and a periodic update on the Six-Year Project (both are on
file in the Clerk's office). He said the local VDOT office is intensifying its efforts on vehicle maintenance
getting ready for emergency operations during the next winter season. There is a lot of work being done on
guardrails, and also paving work on Route I-64.
October 3, 2001 (Regular Day Meeting)
(Page 23)
__________
Ms. Thomas requested that Mr. Bryan send the Board members a map of VDOT's maintenance
districts, a list of contact persons and phone numbers.
__________
Mr. Bowerman asked that VDOT look into the increasing intensity of use of Hillsdale Drive and
Greenbrier Drive. With the Senior Center, Rosewood Manor, Woods Edge Apartments, Our Lady of Peace,
Branchlands and Brookmill in the area, there is a need for street lights, crosswalks (also sidewalks, which is
an item to be put into the Countys CIP), and maybe a traffic signal, to serve those residents. Mr. Bryan said
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his office will look at the situation in the area.
__________
Mr. Bowerman asked that VDOT re-examine the truck traffic issue on Route 743 between
Hydraulic/Rio Roads and Dickerson Road near the Airport. He asked why Route 743 cannot be signed so
through trucks are not allowed. He knows Mr. Perkins concerns about logging and other trucking
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operations in the area, but the road is increasingly used by large trucks to the detriment of passenger traffic.
The road cannot sustain that kind of traffic.
Mr. Tucker said when this request was heard by the Board last year, the Board had decided not to
do anything. Staff wrote letters to all of the companies using the road and asked them to change their
routes. Mr. Bowerman said that during high traffic count times, the vehicles traveling Route 743 are driving
over the centerline on the curves. Mr. Perkins said that is one reason it should not be used by tractor
trailers. Mr. Bowerman said he did not want to leave it until there is a fatality in the area. He thinks a
solution is needed.
Mr. Juan Wade said staff, on several occasions, looked at various options to restrict truck traffic.
They decided to take other actions. One was to install advisory signs. VDOT did an analysis and said that if
they installed advisory signs that would force trucks onto roads which are in worse condition. Letters signed
by the Board Chairman have also been sent to several companies where there is a complaint received from
a citizen.
Mr. Bowerman said if trucks use Route 660 because there is signage on Route 743 at
Dickerson/Hydraulic/Rio saying it is not a good road, why cant those same signs be south of Earlysville
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Park saying Route 660 is not a good road. The only trucks which will be in the area are trucks trying to get
from the Airport down Hydraulic/Rio. Mr. Bryan said the analysis made last year seemed to make sense,
but he will have his office look at the situation again.
__________
Mr. Bryan said the speed counts in the Morgantown Road area looked high, but after Ms. Thomas
made a speech about policing yourself, they have dropped. He said he has always advocated peer
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pressure, and he thinks that is the trend there. Ms. Thomas said the residents are meeting tonight, and she
will bring this up again.
__________
Ms. Humphris referred to Page 5 of the monthly VDOT report. She asked about a project listed as
Route 29 corridor trip generation study under review. Mr. Bryan said it is related to the Sperry Study.
A@
They are looking at it again.
__________
Ms. Thomas said the Metropolitan Planning Organization (MPO) got a map which shows some of
the new developments being proposed in the Sunset Avenue, Old Lynchburg Road, Fifth Street Extended
area. It is appalling. She knows VDOT is working on the study counts there.
__________
Ms. Thomas noted that the residents along Grassmere Road are happy that the road has been
paved, after being on the list for about twenty years.
__________
Mr. Dorrier brought up a controversy surrounding rights-of-way in front of three houses located
outside of Scottsville in the historic district. He said the surveyor said these houses are in the right-of-way,
yet the Highway Engineer sent a map showing that they are on the edge of the right-of-way. He said this
comes up because Scottsville is involved in a streetscape project. It is an issue because the town is looking
at the roadway coming into town, and will be putting utilities underground. He asked if the right-of-way
person from Culpeper would look at the paperwork Mr. Dorrier has. Mr. Bryan said that VDOT is already
examining this issue.
__________
Mr. Perkins said he and Mr. Bryan met last Friday concerning Routes 250/240 and 680 (Browns
Gap Turnpike). Some people have expressed concern about the increase in traffic on Route 680 and the
difficulty they have getting out onto Route 240 in the morning, and also in the afternoon from Route 250 into
Route 680. Mr. Bryan said he will look into this matter.
_______________
Agenda Item No. 9. Public hearing on proposed lease of the Ivy Creek Natural Area tenant house
October 3, 2001 (Regular Day Meeting)
(Page 24)
jointly owned by the County of Albemarle and the City of Charlottesville. (Advertised in the Daily Progress
on September 17, 2001.)
Mr. Tucker said the City and the County own a house at the Ivy Creek Natural Area. The house is
currently vacant. Eight potential tenants were interested. After a review of references and past rental
history, four were interviewed. The Parks and Recreation Department is recommending that the City and
County enter into a lease agreement with Mr. Raymond Sutton. The new tenant will be responsible for
paying $150.00 monthly rent and performing an estimated 60 hours of work per month. The tenant duties
are outlined in the "Addendum to Lease Agreement". The lease has been reviewed and approved by the
offices of both the City Attorney and the County Attorney. The lease consists of a standard residential lease
agreement with an addendum to cover the special requirements such as the aforementioned tenant
responsibilities. Virginia Code 15.2.1800(B) requires that the Board hold a public hearing prior to entering
'
into this lease agreement. The Clerk of the Board advertised the hearing as required. Subsequent to the
public hearing, staff requests authority for the County Executive to sign this lease agreement on behalf of
the County.
The public hearing was opened. With no one from the public rising to speak, the public hearing
was closed.
Mr. Perkins asked how the County monitors the amount of work which is to be performed each
month. Mr. Pat Mullaney said 60 hours of work per month is an estimate. There is a detailed list of work
which is to be done, so staff can tell by the actual jobs being completed if the lessee is meeting the
requirements.
Motion was offered by Ms. Humphris to approve the Residential Lease Agreement on the Ivy
Creek tenant house, and to authorize the County Executive to sign the agreement on behalf of the County.
The motion was seconded by Mr. Martin. Roll was called, and the motion carried by the following recorded
vote:
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Ms. Humphris.
NAYS: None.
RESIDENTIAL LEASE AGREEMENT
THIS LEASE AGREEMENT is made as of this 15th day of October, 2001; by and
between County of Albemarle & City of Charlottesville (Landlord), whose address is 401
McIntire Road, Charlottesville, Virginia 22902; PO Box 911, Charlottesville, Virginia 22902
(city) and Raymond Stephen Sutton.
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 Ivy Creek Natural Area Park Tenant
House together with the fixtures and personal property listed below, (the Premises) for the
term of 1 (one) months/year(s) commencing at _____ a.m./p.m. (At noon if not otherwise
indicated) on October 15, 2001, _____ a.m./ p.m. (at noon if not otherwise indicated) on
October 15, 2002.
2. PERSONAL PROPERTY. The following personal property is included in the Premises
subject to this lease: Range, oven, wood stove, refrigerator.
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 $1,800.00, due and payable in
advance in monthly installments of $150.00, 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 $75.00. If
the lease term ends on a day other than the last day of a calendar month, the last month's
rent shall be $75.00. The first months rent payment is due October 15, 2001. 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 McIntire 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 or 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
October 3, 2001 (Regular Day Meeting)
(Page 25)
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 $150.00 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 Landlords prior written consent, which may be withheld in the
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Landlord's sole discretion.
9A. UTILITIES. Landlord agrees to provide, at Landlord's expense, those utilities and
equipment checked below:
X Water & Sewage
Electrical Current
Fuel: cooking
Fuel: water heat not to exceed 120 Fahrenheit
Air Conditioning Unit
Fuel: heat setting not to exceed 55 Fahrenheit
X Refrigerator
XX Range with Oven
Dishwasher
Washer
Dryer
Cable TV Service
Firewood (amount to be determined by Landlord)
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, Litter 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
October 3, 2001 (Regular Day Meeting)
(Page 26)
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 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.
October 3, 2001 (Regular Day Meeting)
(Page 27)
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 Tenants right to terminate this Lease or receive a rent reduction,
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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.
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 (i) receives orders for a permanent change
of station to depart 50 miles or more (radius) from the Premises or (ii) is prematurely and
October 3, 2001 (Regular Day Meeting)
(Page 28)
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 Tenants leasehold interest in the
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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, filing suit, discussions with
lawyers, case preparation and court attendance) and to collect such a
October 3, 2001 (Regular Day Meeting)
(Page 29)
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 that 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 an 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.
October 3, 2001 (Regular Day Meeting)
(Page 30)
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.
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ADDENDUM TO LEASE AGREEMENT
This Addendum is made and entered into this 15th day of October, 2001, by and
between the City of Charlottesville (the "City"), the County of Albemarle (the "County") and
Raymond Stephen Sutton (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 October 15, 2001, also includes this addendum, as follows:
1. Rental payment for the period of October 15, 2001, through October 15, 2002, will
be $1,800.00.
2. 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 gate is 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 open areas;
(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) Mow and trim grass in park and on grass trails and around tenant house
as outlined by Park Superintendent;
3. 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.
4. 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.).
October 3, 2001 (Regular Day Meeting)
(Page 31)
5. 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.
7. Landlord may terminate this lease for any reason by giving at least thirty (30) days
written notice to Tenant.
8. 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.
9. 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.
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 15.2-1800(B).
'
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Agenda Item No. 10. Disability Services Board Activities, Presentation.
Mr. Robert Walters, Chairman of the Jefferson Area Disability Services Board (DSB), made the
presentation. He thanked the Board for the proclamation designating October as National Disability
Employment Awareness month. He said the DSB is composed of a group of volunteer citizens, people with
disabilities and service providers. Their mission is to improve the self-sufficiency of people with physical and
sensory disabilities by providing research, information and support, as well as raising public awareness of
the needs and contributions of people with disabilities throughout Planning District 10.
Mr. Walters said that during October, the DSB will have a series of activities and open houses with
a showcase event taking place in the Albemarle County Office Building on October 16, 2001. This event
will be part of the Charlottesville Area Employment Network meeting, and at that meeting the DSB will
present an Employer of the Year Award to a business which they feel has done a good job raising the
awareness of the needs of the disabled. There were a number of applicants for that award this year.
Mr. Walters said the DSB is also responsible for administration of Rehabilitative Services Incentive
Fund grants. These grants amount to about $20,000.00 and are used throughout the community to
increase disability services. For 1999 through 2001, they conducted a number of activities. In Louisa, the
Louisa Housing Foundation constructed a series of modular aluminum ramps. Prior to that the DSB had
helped to subsidize the construction of a number of wooden ramps. The modular ramps are very good in
the event a person moves to another house, or their needs change, since the ramps can be moved or
extended. In addition, they helped subsidize a class of Certified Nursing Assistant students for the Jefferson
Area Board for Aging Nursing Institute, helped fund a loan closet of assistive technology equipment with
Independent Properties, Inc., and administered a grant to provide barrier free housing by the Piedmont
Housing Alliance.
Mr. Walters said for fiscal year 2002, the DSB approved two different grants. One is an extension
of the Barrier Free housing initiative, and the other is to establish resource libraries and to organize
seminars to work with contractors as they design and build new housing so housing will be barrier free. An
example of this is: in an old home a person in a wheelchair is not able to get into a bathroom. DSB is
attempting to raise the awareness of this so that this type of situation is not created for the future.
Mr. Walters said a second grant concerns Recording for the Blind and Dyslexic. At this time, most
of their recordings are analog. Analog technology does not meet needs at this time. DSB is funding a grant
so they can convert analog to digital so they can put some of their information on the Internet, on CD-
ROMs, etc. In the community, DSB maintains a Web-site on Monticello Ave. Funding of Monticello
Ave. by the Board of Supervisors also helps DSB and many organizations in the region. The Web-site has
information on the DSB, a calendar of events, their minutes, and other information.
Mr. Walters said he would like to close by thanking the Board for what it has done, and invite the
members to come to the event on October 16. He said there will be a display of adaptive devices to
simulate visual, hearing and other forms of physical and sensory disabilities.
Mr. Dorrier said the DSB Web-page does not really define the word disability. He said the
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American with Disabilities Act covers a broad range of things, and he wonders if the Disability Services
October 3, 2001 (Regular Day Meeting)
(Page 32)
Board covers the same things. Mr. Walters said the term disability is a very broad and wide term. It is one
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that cannot be reduced to a simple definition. Other than physical and sensory disabilities, there are also
cognitive disabilities, but organizations such as Region 10 take care of those disabilities. DSB looks more to
the physical. To him, a disability is any little bit of difficulty in areas that others take for granted.
Mr. Dorrier asked if the DSB sets any priorities on the kinds of disabilities. Mr. Walters said no.
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Certain other organizations work with the DSB and at certain times, their emphasis might be on that
particular organization. But, they try to be open in what they do, similar to JABA. DSB will work with
anybody to the extent possible.
Ms. Thomas asked if DSB has had any response from the builders of ordinary houses. Mr.
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Walters said Karen Click is their representative to the Piedmont Housing Foundation. She spoke to the
Piedmont Housing Alliance (PHA) some time ago as part of the grant DSB is working with. They have
found that some people are looking at these concerns up-front. Retrofitting is usually done on a case-by-
case basis.
Ms. Thomas said she was at Redfields recently, and saw the dozens of houses being built. She
hopes they are built with doorways which are wide enough to accommodate the disabled. Mr. Walters said
he thinks the PHA is working hard to get to the builders. This second year of grants will be used to bring in
speakers from out-of-town, and provide a library, but they will not get everybody involved. However, each
new person involved makes the situation better than it was before.
Ms. Thomas thanked Ms. Billie Campbell, staff person for DSB at the Planning District Commission
office, for also being present. Mr. Walters said without Ms. Campbell, the DSB could not function. She
makes things happen.
_______________
Agenda Item No. 11. End of Fiscal Year 2000-01 Preliminary Financial Report.
Ms. Roxanne White said the end-of-the-year financial report was provided to the Board along with
other information for this meeting. It contains information on the County's General Fund and the Fund
Balance as of June 30, 2001. She said these are preliminary numbers because all of the data has not
been through the official audit of the Countys records. Staff wanted the Board to have this information
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before approving any reappropriations.
Ms. White said she would mention items set out on Attachment A (on file). She said that real estate
revenues exceeded the appropriated budget by approximately $0.925 million. It was expected that this
figure would be that high since $0.7 million reflects the anticipated revised biennial reassessment increase
from 10 percent to 12 percent.
Ms. White said that sales tax revenues were relatively on target being approximately $0.192 million
less than budgeted.
Ms. Thomas asked about the decrease in personal property taxes. Ms. White said this shows a
reduction due to new recording methods used by the State. State revenues are showing an excess of $3.0
million over budgeted revenues. The Countys personal property taxes are showing a decrease of $2.5
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million, but the actual net amount of increase was approximately $1.0 million over what was budgeted.
Ms. White said business licenses revenues were over budget by $1.6 million. This was due to the
continued strong economic climate, plus an unanticipated and substantial, back tax payment from a local
business entity during the fourth quarter. Meals tax revenues were over initial projections by approximately
$0.3 million for a total collection of $3.6 million.
Basically the County collected about $3.364 million (2.9%) over what had been budgeted. When
end-of-the year actual revenues of $121.360 million are combined with the budgeted Fund Balance of $7.8
million and use of other funds, FY 01 revenues total $131.048 million, a variance of $3.5 million or 2.7
>
percent over what had been budgeted. Mr. Martin said this equates to having a budget of $100.00 and
missing the projection by about three dollars.
Mr. Dorrier asked if it is normal to have a variance of two percent a year. He thinks the reporting
format being used by staff is very clear.
Mr. Bowerman said even though the variance is over 2.7 percent, with the one-time million dollars
noted above, the total revenues were even closer than anticipated. Ms. White said staff does not want to
aim much lower, and she feels good about the initial projections, and the revenues actually collected. Mr.
Dorrier asked if this is caused by the Governors car tax. Ms. White said personal property taxes are now
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considered state revenues, not local revenues.
Mr. Dorrier said State revenues are showing a 21 percent increase over the projections. He asked
if that is unusual. Ms. White said that is the personal property tax. That is the change between showing it
as a local personal property tax and showing it as a State revenue. It shows a big jump, but it is really just a
change in reporting methods. Mr. Dorrier said these figures are deceiving because revenues from the State
were supposed to be shrinking, but in this report show as increasing. Mr. Davis said it is just a change in
bookkeeping.
October 3, 2001 (Regular Day Meeting)
(Page 33)
Ms. White said expenditures show a savings of approximately $2.298 million. The departmental
savings were $2.158 million. Ms. Thomas said the Community Development Department did not spend all
of the funds appropriated to it. In some ways that is unsettling because the Board assumes when
appropriating funds that they will go to uses being requested. If the funds are not used, the Board should
question something this low. Ms. White said Community Development has a request for reappropriation of
$250,000 which is the GIS conversion project and $125,000 in Neighborhood Development Programs.
Those funds are to be carried over into the current fiscal year. Ms. Thomas said she was a little unhappy
because the Board wanted those projects done. Mr. Tucker said they will be completed, just a little later
than originally thought.
Ms. White said revenues less expenditures show a total of $5.796 million. There is a Fund Balance
available of $3.9 million. There was approximately $2.3 million budgeted during the budget work sessions,
so subtracting that makes the total of $3.9 million. Finally, the projected, unobligated funds at this moment
are $2.156 million, which takes into consideration $1.751 million in proposed commitments of: FY 01
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outstanding purchase orders in the amount $0.254 million; $0.997 million in uncompleted FY 01 projects;
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and $0.5 million for additional cash flow needs. These have basically not been approved, but are set out
under Consent Agenda Item 7.11 as the FY 02 budget amendment which will be heard next week.
>
The majority of that is the Development Area Study of $125,000, the map/parcel project of
$325,000, the Financial Management System carryover money of about $250,000, and those three major
projects being carried over total nearly $750,000. The last one is the request from Finance to increase the
cash flow going from $12.5 million to $13.0 million to reflect the increase in the total budget. That requires
an additional $500,000 for cash flow. The bottom line is $2.156 million, and that is the number seen at the
bottom of Attachment A. Those are the unobligated funds once the appropriations are approved.
Mr. Dorrier asked about a project listed as damage to a Sheriffs vehicle. He asked why that is a
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line item. Ms. White said there was additional money needed to pay for repairs insurance did not cover.
That money came out of the Fund Balance.
(Note: Mr. Bowerman left the room at 10:30 a.m.)
Ms. White said that based on a discussion at the Boards meeting on September 5, staff proposes
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that $2.156 million of the FY 01 Unobligated Revenues, be allocated by putting 100 percent of the FY 01
>>
excess revenues into a Capital Reserve Fund, a total of $0.929 million. This figure was arrived at by taking
the excess revenues of $3.498 million, and subtracting both FY 02 Budgeted Initiatives in the amount of
>
$2.069 million, and the additional amount of $500,000 needed for the cash flow.
As to distribution of the FY 01 expenditure savings, staff proposes that after reappropriations for FY
>
01 committed projects in the amount of $1.252 million, sixty percent or $0.628 million of the remaining
>
balance be transferred to the Capital Reserve and forty percent or $0.418 million be made available for
other initiatives. Of the forty percent, $0.153 million is requested for new projects as set out on
Appropriation Form #2001-028, and $0.265 million is requested to be held in reserve for any potential
landfill costs that may be incurred in FY 02 due to recent DEQ closing of Cell 2.
>
Mr. Dorrier asked if the landfill does not take extra money, if that money reverts to another use. Ms.
White said it will stay in the Fund Balance, it will not be put into a separate fund.
Ms. Thomas said the ACE program may need some of that money. She said the assessment of
property is higher than anticipated, so if the Board wants to pursue getting four family farms into the
program, some of this money might have to be used. The Board will discuss this possibility at another time.
Mr. Dorrier asked how this proposal interacts with the School budget. Ms. White said this is
General Government departmental savings. It does not reflect any savings the schools would have in their
budget. That money would be in the Schools Fund Balance. The revenues which go into the Capital
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Reserve will be used for both General Government and School projects, or Debt Service.
(Note: Mr. Bowerman returned to the meeting at 10:35 a.m.)
Ms. White referred the Board members to Chart 3 attached to the Executive Summary which
summarizes both Charts 1 and 2. It shows the total proposed distribution of the FY 01 Unobligated Funds
>
of $1.156 million. Taking one hundred percent of the revenues and sixty percent of the expenditure
savings, the total going to the Capital Reserve would be $1.557 million. Taking away $0.153 million for
new requested projects and $0.446 million for a Landfill Reserve, leaves $0.597 million which the Board will
retain in its FY 02 contingency fund.
>
Ms. Thomas said a motion is needed to approve this general distribution of funds recognizing that
this will be discussed again when the final audit is completed. Motion was offered by Mr. Perkins to accept
the Preliminary FY 01 End-of-the Year Financial Report, and to approve the distribution of the FY 01
>>
Carry-over Funds as proposed by staff. (Note: The required appropriations to transfer these funds will
come back to the Board for approval once the final audit is completed.)
The motion was seconded by Mr. Bowerman. Roll was called, and the motion carried by the
following recorded vote:
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Ms. Humphris.
NAYS: None.
October 3, 2001 (Regular Day Meeting)
(Page 34)
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Agenda Item No. 12. Board-to-Board Presentation by School Board Chairman.
Mr. Charles Ward, School Board Chair, made the presentation. He mentioned a publication
entitled
Blueprint for Virginia Public Schools, A Long-Range Plan for the Future of Public Education in
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supported by the Virginia Education Coalition, which had been given to the Board members. He
Virginia,
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said this plan has been approved, and it serves as a guide to the leadership staff of the School System. It
goes into great detail. It is required by law, and must be kept up-to-date. It is tied to the School Boards and
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Superintendents priorities.
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Mr. Ward said there is something called the Threat Assessment Model which was presented by
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Dr. Dewey Cornell and Dr. Peter Sheras at the School Boards September 13 meeting. The model is
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designed to help school-based administrators work with situations when a student makes a threat of violent
behavior. He said violence has been decreasing country-wide. That allows the schools to look at more
detailed items such as bullying and things of this nature. He said staff is being trained at this time on how to
handle violence. Mr. Bowerman said that in the design of the Monticello High School, Dr. Cornell helped by
looking at areas that are not visible, and tried to remove such areas from the buildings. Monticello High
benefitted from that analysis in the beginning from a security aspect.
Mr. Ward said this is the first year in many years where the School System is actually 95 students
down from the projected enrollment. There were not as many kindergartners enrolled as were expected.
There have been two years of actual decreases, but this is the first year the System is actually down in the
total number of students. He said projecting enrollment is difficult, but he thinks the process used by the
System is defensible. He said that consistent with previous practice, teacher hiring is based on actual
enrollment. Because of this decrease, a total of 11.64 FTE positions were not filled. This results in a
compensation savings of $465,000, but the loss in Average Daily Membership causes a reduction of
approximately $352,000 in State funds. With the economy being very volatile at this time, the exact number
cannot be determined.
Mr. Ward said construction on Baker-Butler Elementary is going well. They hope to have the
building under roof soon so that the project stays on track and on budget. As soon as it is under roof, the
project will move along faster. The building will be ready for opening in the fall of 2002.
Mr. Ward said the School Board is either at the leading edge (or the bleeding edge) with laptop
computers. There are still three things for them to consider: the Virginia Public Records Act, the Freedom
of Information Act, and Board discretion. There is no discretion with E-mail dealing with an identifiable
student; that E-mail is protected. Attorney/client privilege is also protected. There are gray areas, and that
is what they are working on now. He contacted the Virginia School Board Association and they have agreed
this is a topic they need to research and get ready for discussion at next Junes School Boards Conference.
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The School Board wants to be proactive and get to the point where it can use electronic media. Hard
copies will still be made for the public. The advantage is that things will be posted faster.
Mr. Dorrier asked if three people talking through E-mail is a violation of the Freedom of Information
Act. Mr. Ward said if there are three school board members talking outside of a meeting, then it could be
considered a meeting. It is not unusual for school board members to attend debates and just sit in the
audience. They generally do not sit together just to make sure there is no appearance that a business
meeting is being conducted.
Mr. Ward said the School Boards legislative positions for 2002 should be very interesting. He
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referred the Board members to the Executive Summary of the He
Blueprint for Virginia Public Schools.
said they generally made the same recommendations that the Albemarle School Board and the Board of
Supervisors have made in the past few years. Their recommendation No. 2 is about hiring, and
recommendation No. 4 talks about the Standards of Quality. Albemarle funds a much higher SOQ than the
minimum standard the State funds.
Mr. Ward said he has been told that JLARC will have on November 20, 2001, at 1:30 p.m. a talk
about their report. They delayed this talk one day so that the School Board members who attend the
Virginia School Boards Association meeting in Williamsburg can stop on the way home and listen to what
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JLARC is doing. He hopes there will be an opportunity for public input, and if so, he will present a position
paper for the School Board.
Mr. Ward said the Long-Range Planning Report will be presented to the School Board on October
22. It is one of two committees, the other being the Health Advisory Committee, which has been working on
the recent redistricting for Baker-Butler. Next will be a middle school redistricting. Currently, there is a
project on-going at Burley, and they plan to do Jack Jouett and Henley at a later time. They will probably
be discussing a new southern elementary school.
Mr. Ward thanked the School Resource Officers and Chief John Miller for letting the Schools have
these SROs. They have been very proactive since September 11. They have been putting into place both
active and passive measures which are outstanding. He said they help School staff a lot, and he thinks the
public needs that reassurance.
Mr. Dorrier referred to a statement on Page 15 of the It says
Blueprint for Virginia Public Schools.
Virginia will be the Digital Dominion, but the biggest challenge to accomplishing this are the inequities
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Virginias citizens face in their ability to use computer technology and to access the Internet. This includes
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October 3, 2001 (Regular Day Meeting)
(Page 35)
the states schools and students. He asked how Albemarle County is addressing that. Mr. Ward said the
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Schools are not far away from the digital classroom. They already have a Governors School where
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classes will be offered across the State to teachers so they can help students. The Schools want all of their
employees to have E-mail, to use it daily, and if there are meetings, they can use collaborative tools by
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just sitting at their desks and talking to each other so they dont have to keep moving around to different
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locations for a meeting. This will take a while to implement.
Mr. Dorrier asked if Albemarle Schools compare favorably with other schools. Mr. Ward said all of
the schools are Internet compatible. The SASSY reports are being done on the computer. Mr. Dorrier
asked if every student has a computer. Dr. Kevin Castner, School Superintendent, said the technology that
people want will have to become part of a capital improvement outlay. Once computers are in every
school, they will have to be replaced on a regular basis. What this report says is that there is a financial
obligation which is beyond what current revenues at the local level can provide. If this becomes an
independent initiative, what will the State provide? Albemarle County is at about 1:5 on computers. It used
to be 1:10. In order to get to the next level, it isnt just the initial outlay, but the replacement costs.
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Someone has to decide how far to go, and to see what the priority is for funds.
Mr. Bowerman said there was $20,000+ in the School Boards budget for laptop computers for
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School Board members. He would be interested in the additional cost of integrating those computers as to
software, time and training, etc. That would help the Board of Supervisors as they move toward doing the
same thing. Mr. Ward said they have already stopped having service calls to the different School Board
members' houses because they all had different types of computers. They all have standard computers, so
it makes it easier for maintenance. He said they will begin this in October, but it will be slow since all
members have to receive training.
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Agenda Item No. 13. Piedmont Virginia Community College (PVCC) Update on, Dr. Frank
Friedman, President.
Dr. Friedman thanked the Board for the opportunity to provide an annual update on the activities at
PVCC. He has no requests for money, but would like to thank the Board for its support of the College. He
said that part of that support is appointment of Board members. He then introduced Mr. John Davidson,
member of the Community College Board of Directors.
Mr. Dorrier asked if there is a computer for every student at Piedmont. Dr. Friedman said there are
approximately 4000 students this semester, and they have 600 computers on the campus.
Dr. Friedman said the year concluded in the spring was a record year. In credit courses there were
7185 students, which was the third highest number in the 29 year history of the College. Of those 7185,
2158 (one-third of the students) were from Albemarle County. Included were 189 graduates of Albemarle
County high schools in June, 2000. That is 26 percent of the graduating classes. One out of four students
come to PVCC immediately out of high school. Studies show that the 26 percent will rise to about 40
percent of the graduating classes if tracked over a three or four year period. Last year, the FTE enrollment
of 2171 was the largest in the history of the College. Although the head count was not the largest, the FTE
was, which means that on the average, students are taking a larger load of classes. Since they are funded
on the FTE, that makes a big difference in funds for the College.
Dr. Friedman said there will be about 4300 enrolled this current semester (figures are not final at
this point). This will be slightly lower than last fall, but the FTE will be higher. There are 32 night classes at
Albemarle High School, just under 600 students. They could not serve the community if this facility was not
available because every room on PVCCs campus is booked at night. There are two dual-enrollment
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classes at Western Albemarle High School this semester, with 44 students being enrolled.
Dr. Friedman said that last year he reported that PVCC started offering courses over the Internet.
They had the first 10 classes on the Internet with 90 students enrolled. This year they have 25 courses with
386 students enrolled. That is almost one out of ten this semester taking courses via the Internet. Dr.
Friedman said out of that 386, 61 are Albemarle County residents. Almost all of these people live in the
service area. At one time during the discussion of putting classes on the Internet, it was felt that people
from all over the country would be interested. They have gotten a couple of people from other states and
overseas, but 95 percent live in the service area. They take the Internet courses for convenience. They
can do the work when they are available and do not have to drive to campus. They are not really targeting
the out-of-service region market. Some universities and colleges have done that.
Dr. Friedman said PVCC is responding to the way society is moving. People want education that is
convenient and fits in with their lives. PVCC is reacting to this change, and it is important to its mission. Mr.
Dorrier said Bloombergs Financial predicts that it will be the biggest trend of the future in education. Dr.
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Friedman said education is a multi-billion dollar industry. A lot of private for-profit enterprises are moving
into that area. The best known of these is the University of Phoenix which is a publicly-traded entity. They
are very profitable and have 60,000+ students nationwide. Some of this is being seen in Charlottesville.
There are more and more ads for for-profit entities coming into this area with either traditional classroom-
based courses or courses provided by distance learning. They monitor that activity.
Dr. Friedman said access is important to PVCC. They continue to make things more convenient
and affordable and accessible. They want to expand dual-enrollment. He looks forward to expanding that
idea to Albemarle High School next year. A significant part of their outreach effort is the Connected
Community Technology Center on Grove Street in Charlottesville. From October, 2000 when it opened,
October 3, 2001 (Regular Day Meeting)
(Page 36)
until the end of July, 2001, there were 1600 students, 1200 of them taking non-credit, workforce
development courses. These students were not even counted in the 7154 because these are non-credit
courses.
Dr. Friedman said workforce development is one of their priorities. One of the ways they are
dealing with that is to stay on top of new program development. As new jobs emerge, as new skills are
needed in the workforce, they need to move quickly and be flexible to offer those courses. Last year they
started a Surgery Technology Program supported by Martha Jefferson Hospital. They graduated the first
six students last spring. There are another nine enrolled this year. This year they started a Paramedic
Training Program with 15 students enrolled. In partnership with the University of Virginia, they expanded
their Associate Degree Nursing Program. This is the program which prepares individuals to be a RN.
PVCC also has a new program in Human Services in partnership with the Department of Rehabilitative
Services and Mental Health and Mental Retardation, for individuals who have some mental and
psychological difficulties themselves. They are being trained to become para-professionals in the field and
work with people who have difficulties. Fifteen students graduated last month, and all were immediately
placed in jobs.
Dr. Friedman said another initiative is the Business Education Roundtable. This came from the
Workforce Investment Board. They will try to become more proactive and more comprehensive in looking
at workforce development. Eight clusters of employment have been identified in the region. They will get
business people from those clusters and educators from post-secondary as well as secondary to set down
together to determine both short-term and long-term workforce development needs. All of the school
superintendents in the region are in agreement with this goal.
Dr. Friedman said he would wrap up his presentation at this time. In the packets of information
given to the Board members is a new brochure about offerings in the new Dickinson Building. This year
they have 100 dates filled with events in that facility. Many of the events are free. He said this past year
was the 100th Anniversary of community colleges in the nation. As part of that, the American Association of
Community Colleges sponsored a program to identify 50 community college centennial scholars (one per
state). It was basically a competition for the outstanding community college student in each state. Out of
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the 250,000 students in the Commonwealth of Virginia, the recipient was Erin Hughey-Commers from
Nelson County, a student at PVCC. She received a fellowship from the Coca-Cola Foundation and now
attends St. Johns College in Annapolis, Maryland, in their Great Books Program.
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Mr. Dorrier said there was a space problem at PVCC at one time. He asked if there is still a space
problem. Dr. Friedman said yes. Their space problem will continue to grow as enrollment continues to
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grow. They dont want to turn people away, as they need to respond to everyone who needs and wants an
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education. He does not believe any cap should ever be put on enrollment. They have a master plan which
looks at additional space for the future. He said because of the State budget impasse this last year, they
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lost $2.5 million which had been appropriated to renovate their old building. As part of that renovation, they
were going to create five new, high-tech computer labs which they need. They have worked with architects
and all of the drawings are ready. They are ready to bid, but the project is on hold hoping to get that money
back.
Mr. Dorrier asked if there are any renovation projects going on at this time. Dr. Friedman said there
are some minor renovations taking place by PVCC staff. They had to create a space for the surgical
technology program, they needed a lab. For the new paramedic program, they brought an ambulance into
one of the facilities to be used as a lab. That is minor compared to what is really needed in order to offer
new programs to the community.
Mr. Bowerman said the 300 students taking distance learning will have broad implications on
capital needs for the institution and even on those below the community college at the high school level,
where better use of existing facilities could be made. Dr. Friedman said that is an issue which has been
discussed. If more and more people take courses over the Internet, will that enable them to use on-
campus facilities differently because those students would not be coming to the campus. At this point in
time, it is still not large enough to have that impact. If it continues to grow, it could, and that could be
beneficial for the whole Commonwealth. It would take some pressure off for facility construction.
Mr. Dorrier said he is enrolled in the University of Phoenix on-line. He found out about it, signed up
for it, got a full scholarship, and he is on-line. He has checked out the program and it looks good.
Mr. Perkins said Dr. Friedman had mentioned Western Albemarle High School and Albemarle High
School, but not mentioned Monticello High School. He asked the relationship of PVCC with MHS. Dr.
Friedman said since MHS is right next door to the college, the students who need or want to take dual-
enrollment classes come right onto the campus. It is not a distance and time problem, so they dont need
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to offer courses in MHS. Mr. Perkins asked about using space in MHS as is done at Albemarle. Dr.
Friedman said it is not being done at this time, but it is a possibility for the future. Ms. Thomas said the
Board had hoped that the high school students would have a lot of opportunities for travel, programs and
people. She said the use of the new Dickerson facility has not worked out as the Board had hoped it would.
Dr. Friedman said Monticello is using it for some of their theatre productions this year. PVCC uses
Monticello's broadcast facility for some courses, so there is sharing going on. They do need to look at ways
to do more.
Ms. Thomas thanked Dr. Friedman for his report.
__________
October 3, 2001 (Regular Day Meeting)
(Page 37)
(Note: The Board recessed at 11:15 a.m., and reconvened at 11:30 a.m.)
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Agenda Item No. 14. Establishment of Board Priorities.
Mr. Tucker said this is an important moment in the evolution of the County. There are many
decisions and choices before the Board and staff which will impact the community for many years into the
future. They range from how neighborhoods and urban centers are shaped, to how to provide critical
emergency services such as fire protection. This is a crucial juncture in setting future directions for the
community in the way of water supply, solid waste disposal, transportation networks, rural land protection,
infrastructure provisions and many other issues related to the character and overall quality of life in the
community. Along with local issues, serious impacts from the recent national tragedy must be faced. This
includes concerns about community safety and security, but also potential economic uncertainty and
instability, along with the possibility of a long, drawn out, complex military engagement. He said all of these
things will create needs and issues at the local level in the near future and for some time to come.
Stepping back and assessing the challenges and needs facing the community, and envisioning how local
government will respond effectively to them, one element critical to the success of Albemarle County as an
organization becomes clear. That is the Supervisors leadership working with staff to set clear priorities
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which will keep everyone focused on creating the community Albemarle County should be.
Mr. Tucker said he spoke to the Board members last year about the Boards support for the
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organizations efforts in identifying and prioritizing critical needs which could provide a broad framework for
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directing staffs efforts. Staff appreciated the Boards support at that time, and it has been working since
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then on a variety of organizational development initiatives. The department heads and executive staff have
been formed into a Leadership Council which has spent time on strengthening leadership and strategic
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thinking skills. It is time now to identify and articulate the broad directions and priorities which will help
organize the workload, commit resources, and direct staff toward the future. The Boards active
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participation and leadership is needed in order to do that.
Mr. Tucker said the many competing needs which face staff on a daily basis make it difficult to
prioritize efforts so that significant progress is made in the areas that truly are most crucial to the Board and
the community. The Boards guidance working with the Leadership Council to set broad priorities to focus
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work is needed before staff can move forward and would allow staff to produce more defined, measurable
progress on major issues. Staff does not feel the necessary decisions can be made about where to focus
efforts without knowing clearly the Boards areas of priority and long-term goals. He said there are clear
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benefits to the Board as the elected leaders, to staff, and to the community while working together to
identify and focus time, energy and resources on the most critical issues.
Mr. Tucker said he would like to recommend (see Executive Summary for full explanation of
request) that the Board approve the scheduling of two to three off-site planning sessions after the beginning
of 2002 to identify and develop priorities. In January, staff will present the Board will a time line for that
process. In January and February, 2002, there will be a citizen survey taken. Those results will give insight
into what things citizens feel should be priorities. From now until that time, he asks that the Board members
think about broad areas it feels are critical for staff to address as priorities. He offered to answer questions,
and said that many members of staff are also present today to show support for this idea.
Mr. Bowerman said he thinks it will be a good way to go about the process because it removes the
discussion from the regular Board meeting schedule.
Mr. Dorrier said he thinks this is the most important mission the Board has had since he became a
member.
Mr. Perkins asked for a list of things the County must provide, those things the County can provide
which are not requirements, and how State agencies fit into those responsibilities. Mr. Tucker said staff has
in mind a list of broad issues which it will try to help the Board prioritize. Staff is doing similar things among
itself, but does not want to skew the Boards thoughts. Goals for the future of the County will be formulated
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from those meetings.
Mr. Martin said the School Board has a yearly retreat to establish priorities. He thinks this would be
good for the Board, because during the 10 years he has been a Board member, it has never sat down and
just talked about its authority and also set goals for itself.
Ms. Thomas said when she was first a member of the Board she thought it was a good idea, but it
never happened. As the new member on the Board, Mr. Dorrier has also expressed similar thoughts.
Mr. Dorrier said in reference to water and trash, the Board is now in regional discussions of those
issues. Will the staff bring the Board recommendations or is that something the Board members have to
decide in their own minds? Mr. Tucker said there will be things on which to formulate an idea, and there will
be a facilitator present to help provide information on services, etc. Mr. Dorrier said he thinks that there is a
move toward more regional government. Mr. Tucker said as a region, this area probably leads the State in
terms of regional cooperation and regional services provided for the community. Most of this is provided
through authorities, and a lot of people do not like the structure of an authority as provided by State Code.
Motion was offered by Mr. Dorrier, seconded by Mr. Bowerman, to approve the scheduling of two
to three off-site Board planning sessions after the beginning of 2002 to identify and develop priorities. Roll
was called, and the motion carried by the following recorded vote:
October 3, 2001 (Regular Day Meeting)
(Page 38)
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Ms. Humphris.
NAYS: None.
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Agenda Item No. 15. Electronic Government (E-Government), Presentation of.
Ms. Lee Catlin said she would like to define the term E-Government. This is a term which is out
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there and is in vogue at this time. It is the delivery of services and information electronically to businesses
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and residents, 24 hours a day, seven days a week. Basically, its common characteristic is that one can
transact business over an electronic network which takes a number of different forms. It can be websites,
or kiosks, or touch screens, or automated telephone systems.
Ms. Catlin said she would like to mention what is happening with other jurisdictions in the
Commonwealth and E-Government. The International City Managers Association (ICMA) conducted a
survey in 2000, and received about 2000 responses. It showed that 83 percent of the municipalities
surveyed already have a website of some type. Sixty percent of them plan to develop a comprehensive E-
Government master plan and strategy by the end of 2001. The average number of interactive transactions
on the websites which provide higher level services, is about 6293 per month. Mr. Dorrier asked what that
means. Ms. Catlin said that is the average number of transactions being conducted on the website. Cities
and towns in the survey spent an estimated $500.0 million in 2000 for E-Government and they are expected
to spend about $1.6 billion by the year 2003.
Ms. Catlin said some of the most popular applications for E-Government according to this survey
were employment applications, requests for services, interactive maps including property records,
registration for programs and services, voter registration, permit applications and renewals, and on-line
payments for various taxes, fines and fees. Albemarle County started thinking about doing some of these
things seven or eight years ago, but there are a lot of issues concerning privacy, confidentiality and security.
A lot of those concerns have been solved now, lead by the private sector.
Mr. Dorrier asked if it was intentional that education is not mentioned in the list of services. Ms.
Catlin said that is a whole other area. General Government does have links back and forth to the School
Division, and there are applications which allow those links.
Ms. Catlin said that obviously the amount of money involved is quite significant. She will mention
why some of these governments think E-Government is worth that kind of commitment of resources and
time. There are three reasons. First is ease of access. If done the right way, it does not require people to
think in a bureaucratic mode. Second is ease of use. Most websites are set up in a simple format. It is
point and click, so is an easy method for people to use. Third is ease of transaction. There is no waiting in
line only to be told you are in the wrong office. She said it is important to understand how customer
expectation fits into E-Government and what the E-Government environment means. For those who have
done this the most successfully, it means that you must analyze and readjust your procedures and
operations to match up with the E-Government environment. It is wrong to think that E-Government moves
customers from one place to another. If it is done in the right way, it creates improvements in the
system which allow people to get their services more quickly, and allows the locality to streamline things in
different ways.
Ms. Catlin said citizens expect E-Government services to be simplified. They expect it to be done
quickly and easily. They do not expect lots of layers and tough procedures to work through. They expect
reduced waiting time, and expect to be able to get in line, get what they want, get their business conducted,
and leave. They expect fewer referrals and hand offs. The idea of effective E-Government is that it
eliminates the possibility of someone not understanding their request. Citizens expect the elimination of
interactions which fail to yield outcomes; extended contact opportunities beyond office hours; and,
seamless government. While it is good that it does a lot of good things for the citizens, what does E-
Government do for staff? First, it is the expected way of doing business at this point in time (statistics show
that 58 percent of people across the country are using the Internet). It gives citizens a more complete
access to government than the traditional method does. It provides for targeted communications with
citizens (such as: activities by the Parks & Recreation Department, copies of ordinance changes, activities
to do with crime prevention and safety). The County does not have the ability to get its message across to
the general public through the more traditional methods such as radio, newspapers and television.
Ms. Catlin said E-Government reduces the most costly form of business transaction, the
face-to-face, over-the-counter method, followed by live operator-based telephone transactions. The least
costly method of transaction is when someone can self-service themselves via the Internet. She said it is
clear that this is not the way everybody will conduct business. There are many functions of government
where it is most appropriate to deal person-to-person. This takes off a level of that which does not need to
happen, and frees employees to spend more time and energy dealing with the things which require
personal attention. It provides customers with greater value of control. It streamlines County operations. It
makes staff look at how to interact with citizens. It reduces investment costs in physical assets. It is
advantageous to attracting new business (some communities are not as fortunate as Albemarle, and are
actively soliciting business).
Ms. Catlin said E-Government is not something which is happening in big communities. As an
example: the City of Hampton is providing a lot of services on-line. Their mission is to strive for customer
delight. Hanover County has its real property records on-line and allows access to their GIS System.
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Loudoun County is looking at E-Government as a population growth management tool. If they can keep
October 3, 2001 (Regular Day Meeting)
(Page 39)
people from getting on the road in a vehicle to travel to do government business, it will reduce traffic
congestion, and they think it can export services in a way that does not require employees to be out in the
field as much.
Ms. Catlin said E-Government in Albemarle County has evolved since its first website in 1994. At
that time, Albemarle did what other localities were doing, and that was to take all publications and put them
on-line. It did not do anything except provide static information. There was a revision of the webpage three
or four years ago that introduced more interactive, transactional elements. There is still the static
information provided. New information on topics of interest is added periodically. Zoning notices are
available on a searchable data base so people seeing a sign posted along the road can look for information
about that request on the Internet. There are some downloadable forms on the site. There are maps and
calendars (meeting dates) available. The County Code is on-line and is searchable by topics. The
agendas and minutes of the Board of Supervisors and Planning Commission are available. Employment
opportunities are listed. Staff is also preparing to allow an interface to the laser imaging system.
Ms. Catlin said a Web Team is being set up to examine a number of potential applications to
determine priority needs and technical requirements. Staff will examine having a more dynamic customer-
focused website. The idea is to have the website stop reflecting what government thinks, but have it more
reflective of what its users think. There are other E-Government applications which are exciting. An on-line
job application process and automated permitting are two such possibilities.
Ms. Thomas asked what type of permit Ms. Catlin is referring to. Ms. Catlin said there are a
number of different permits issued by the Development Departments. Also, there is the Court document
imaging system. She said a lot of municipalities are putting their real property records on-line. Access to
public records is required by law, this is not something new. This is information that anybody has been able
to get in the past through various State Code sections. The majority of sites staff reviewed provide access
to all the information which is allowed by law. Several jurisdictions have decided that they will not display
owner names as part of their property records on-line. The County has flexibility as to the fields of
information users can search by. At initiation of this program, people will be able to search by parcel
number or by address. Owner names will show, but will not be a field that can be used for a search. There
was an incorrect sentence in the Executive Summary, it should have read This information will be available
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on the Intranet by January, 2002. It will take about six months to get this information on-line and checked.
Then it will be made accessible to users of the website. She then offered to answer questions.
Mr. Dorrier asked when the last customer satisfaction survey was conducted. Ms. Catlin said it was
about four years ago. Right now, staff is preparing to do one in 2002. One of the questions will be to ask
how many people use the Internet. Mr. Dorrier asked if the last survey showed a high percentage of
satisfaction. Ms. Catlin said the public's response was very high in satisfaction. Mr. Dorrier said a lot
depends on how the question is phrased. He is in favor of E-Government, but the question then becomes
one of cost and what people want. The real estate records would be very popular.
Ms. Thomas said she thinks the maps would be helpful. She was surprised to see that her old
computer needed a 35-minute download in order to fully access Albemarles webpage. She has been told
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the County is working to make the webpage accessible to a greater variety of machines. Ms. Catlin said a
lot of people have learned about this the hard way. Albemarle has stayed away from graphics or
animations, or anything that takes a long time to download. Staff is trying to find a balance between being
able to stay relevant and accessible to people who have not upgraded their equipment, but yet also taking
advantage of some of the new technology.
Mr. Dorrier asked if the Comprehensive Plan and all supporting documents are on-line. Ms. Catlin
said no, but here are a fair number of planning documents on-line. In the past, staff has allowed the
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different departments to decide what goes on the webpage. This new Web Team will decide on a more
organized approach, prioritizing what is put on-line.
Mr. Dorrier said he likes the County Attorney's section. The County Code is on-line, and the Local
Government Attorneys section. It provides a lot of information.
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Ms. Catlin then distributed copies of a new brochure about Albemarle County.
Ms. Thomas said she thinks this is exciting and it is good to think through, with citizens help, what
they really want to find on this webpage.
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Agenda Item No. 16. Library Facility Study, Presentation of.
Ms. Roxanne White, Assistant County Executive, said as part of the FY '01 Capital Improvement
Program (CIP) budget, $20,000.00 was put aside to fund a library facility study to review and update the
Library Building Assessment Report developed by library and county staff in December, 1999. Kirk Train
and Associates was hired to do the study. All of the projects for the library are in the CIP at this time. A new
Northside Library is to be constructed in FY '06-07, renovation of the Central Library is to take place in FY
'07-08, a new Route 29 North library is to be constructed in FY '08-09, a new Crozet Library is to be
constructed in FY '10-11, renovation of the Scottsville Library is in FY 10-11 and a new facility is to be
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constructed at Mill Creek in FY '11-12. The Technical Committee will still have to look at all of these
projects in terms of which project comes first.
Ms. White said that Mr. John Halliday, Library Director, and Mr. Chip German, Library Board
member, are present today. The Library Board reviewed this report last month and approved the study.
October 3, 2001 (Regular Day Meeting)
(Page 40)
Mr. Train said his firm was the lead consultant on the study. Essentially, the study was a revision of
a study done in 1999. His firm was charged with updating and revising that study, determining locations for
libraries and drafting construction costs related to the proposal. In doing that, they met with the Library
Board a number of times. They revised a lot of hard data on library needs in order to assess where library
facilities should be located. He said this is specifically a County study. It did not look at the Jefferson-
Madison Regional Library as a whole, and it did not look at the City libraries at all.
Mr. Dorrier asked how a study can be conducted without considering City libraries. Mr. Train said
they only addressed construction and needs related to County population totals in County locations.
Therefore, the two things can be separated. There is a use pattern in libraries that can be used. There are
guidelines for the amount of square footage in terms of how a library facility should be related to the
population. It is a moving target, but .7 square feet of library space per citizen is a State standard. That
figure is only used at the beginning of planning, because by the time the library is built, the population is
larger. It is also a decision on the part of the Library as to what type of collection they will have. That is a
decision as to how many items will be included in the libraries. Right now, the number is to be three items
per citizen. Items can be books, magazines, CDs or other objects.
Mr. Train said the study looked at the pressure on existing facilities and where new facilities might
be built. What is different in their projections is the sequence being proposed. The County exists in a
strong deficit of square footage in 2001, and a deficit in collection. When you begin to look at 2006 through
the end of the sequence, this will be an attempt to catch up in that time frame. The most glaring problem is
in Crozet where there is an 1800 square foot facility serving a population which requires about 15,000
square feet. The amount of circulation moving through Crozet is astronomical.
Mr. Train said they started by discussing with the Library Board their needs. It is suggested that the
need at Crozet be taken care of first, and not the need at Northside. Second in the sequence was a new
Northside facility in that it becomes broken into two components. These are listed as Northside North and
Northside South until better names are assigned. Northside North was a larger facility, and it was
suggested that system-wide facilities such as the bookmobile process be moved out of the Central Library
to a facility such as this. This branch is calculated at 30,000 square feet.
Mr. Train said they did interject a piece of City architecture into this. When some of the pressure is
off-loaded from Crozet and Northside, the next highest pressure point is the Central Library. They did a
study of the Central Library which is not included in this study. They looked at it as a facility and how much
could be added to it. They recommended that nothing be added to it, but that the facilities be spread
around better, and that the Central Library be turned into a central branch. The basic format for that was to
use a higher level of technology to allow the collection to collapse to fit into the building. You would end up
with a 50,000 square foot building with no parking if all is put in one place. Parking is an asset that
Northside thrives on.
Mr. Train said the third County project would be the Mill Creek facility which would off-load some
pressure from the Central Library and Gordon Avenue, and a little bit from Scottsville. Scottsville is the one
library that is conforming to its size and circulation pressure at this time. The next project would be back in
the north part of the County. When the lease at the shopping center comes up for renewal, that would be
the time to move to a new facility. They tagged a site next to Agnor-Hurt Elementary, which is already
County property, for this new facility. The final project would be a moderate expansion of the existing
Scottsville Library with new parking on an expanded site.
Mr. Train said that is the recommendation they gave to the Library Board, and it is the
recommendation that they approved, it is in that sequence, and in that amount. They projected the
numbers for square footage based on historical numbers. These are not numbers which accounted for the
quirkiness of last years pricing, but were extrapolated from on-going projects at the time. Compounding
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an increase of four percent per year for inflation, over a period of time of seven fiscal years, it would amount
to about $16.0 million to do all of the components. He said all of that information is not in the Executive
Summary, but it is in the report which is still to be distributed. Each building is tagged to a particular site,
and only one site would need to be purchased. That is the land needed for the Scottsville project because
parking cannot be expanded unless adjacent land is purchased. He said there are also options attached to
each project.
Mr. Dorrier asked if the Earlysville community was studied. Mr. Train said that area is served by
Northside North which will be on Airport/Proffit Road. Its intended location is to serve Earlysville, Proffit
Road to the east, and County population growth to the north. An earlier study placed the building further to
the north. This location is on the southern end of the UVA Research Park, but it is on the better east/west
connection. This is intended to take the pressure from Earlysville.
Mr. Dorrier said there is a trend toward E-books and on-line integration of all books ever written.
He asked if there is a trend toward building smaller libraries with computers that could get to these books
on-line. Mr. Train said no, they have not seen that the building itself is smaller. Access by the public for
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information still means that a lot of people come to use computers in the library and the library still has a
basic structure for information and research delivery. In the case of the Central Library, they advocated that
a very heavy technology use be put in as a flagship of how a library might move into the Twenty-First
Century in order to not have the building expand, but to utilize the existing space. Each of the square
footages given by the consultants are rough estimates. Each library would be programmed as it comes on
line before it is designed, based on that particular communitys needs. He said these are based on
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population projections, and on existing collection sizes.
October 3, 2001 (Regular Day Meeting)
(Page 41)
Ms. Thomas asked how the consultants determined potential sites since one of the DISC goals is to
make things in the County increasingly walkable. Because the existing Northside Library is in a shopping
center, you can actually do several errands all in one place without having to move your car. Moving away
from that seems like a bad idea, particularly since the area at Agnor-Hurt is one of the less walkable areas.
There seems to be a trend in these recommendations to get away from a few of the Countys sites which
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are walkable. She finds this distressing. Mr. Train said they are projecting ten to 15 years out. To some
extent, some of the components will get into population growth areas. The shopping center will not sell its
property, so the library is landlocked. They tried to stay in the southside near Rio Road, and tried to find a
site so that land did not have to be purchased. The Mill Creek facility is envisioned to be one of several
County facilities along that road near the fire station. In Crozet, the County owns the old Crozet School site,
so it was utilized because it is County property. It does lie outside of the growth area and is not a part of any
developing pattern. Mr. Tucker said that area is already developed as much as it can be. Mr. Train said
they tried to find a site in downtown Crozet which would enhance that area, but that has certain limitations.
Mr. Dorrier asked if this report considers a large development in the Hollymead Town Center. Mr.
Train said it did not. There was land at the entrance to the Research Park on Airport/Proffit Road that
relates to the Hollymead area.
Mr. Dorrier asked if the present Albemarle Library Board members will have input into this report.
Mr. Train said the Library Board has reviewed and approved the study. Essentially, their main desire was to
get the libraries into some sequence for capital improvement projects. They had a particular sequence
which was important to them, and that was Crozet and not Northside.
Ms. Thomas asked Mr. John Halliday, Director of the Jefferson-Madison Regional Library, to speak.
Mr. Halliday said that Mr. Chip German, President of the Library Board of Trustees, was also
present. He said the Library Board met last month and endorsed this plan. Mr. Train and his staff reported
several times during the process to the Library Board. They expressed the same concerns that Board
members have mentioned today. The Agnor-Hurt site did not seem quite as good as the current site for the
Northside Library. They were not happy with the Airport Road site, feeling there might be a better site in that
area of the County. Sites do become available over time, and the Library Board understands that specific
sites could change over a period of time. He said they know that this Board supports public library services,
and they appreciate that support. He mentioned that two weeks from today, the State Library Association is
having its conference in Richmond. Part of that is a bus tour of new libraries in the Richmond/Chesterfield
County area. He invited any of the Board members who would like to see some new public libraries to join
the Library Board for this tour.
Mr. Dorrier asked if the Scottsville community has had a part in designing the library. In each of the
areas where a new library is to be built, will the residents have input? Mr. Halliday said the Library Board
welcomes public input. Mr. Train said what each library needs will be programmed at the time of its
construction.
Mr. German said there has been excellent coordination between County staff and Library Board
staff. They have communicated very well and kept the Library Board informed. As to community input, the
most vocal has been from the Earlysville area. That discussion needs to continue to happen so the
decision made addresses some of the concerns voiced. Among the concerns voiced was whether
Earlysville residents need to go to Route 29 in order to get to a library. In terms of general consistency
about areas which would be good sites for libraries, the Library Board has had input on those. They have
confidence in the process that is going on at this time.
_______________
Ms. Thomas suggested that the board skip Agenda Item No. 17 and have the closed session now.
Agenda Item No. 18. Closed Session: Personnel and Legal Matters.
At 12:35 p.m., motion was offered by Mr. Bowerman that the Board go into Closed Session
pursuant to Section 2.2371(1A) of the Code of Virginia under Subsection (1) to consider appointments to
boards and commissions; and, under Subsection (3) to consider the acquisition of property for park and
recreational use. The motion was seconded by Ms. Humphris
Roll was called, and the motion carried by the following recorded vote:
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Ms. Humphris.
NAYS: None.
_______________
Agenda Item No. 19. Certify Closed Session.
The Board reconvened into open session at 1:50 p.m. Motion was immediately offered by Mr.
Bowerman that the Board certify by a recorded vote that to the best of each Board members knowledge
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only public business matters lawfully exempted from the open meeting requirements of the Virginia
Freedom of Information Act and identified in the motion authorizing the closed session were heard,
discussed or considered in the closed session.
October 3, 2001 (Regular Day Meeting)
(Page 42)
The motion was seconded by Ms. Humphris. Roll was called, and the motion carried by the
following recorded vote:
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Ms. Humphris.
NAYS: None.
_______________
The Board skipped Agenda Item No. 20 until later in the meeting.
Agenda Item No. 21. Corville Farms Subdivision - Water System and Road Improvements,
Discussion of.
Mr. Tom Foley, Assistant County Executive, said several months ago, some residents of Corville
Farms Subdivision came before the Board to discuss the problems they have with their road and their water
system. Ms. Dunn is present today to listen. Since that time, Engineering and Public Works staff have
evaluated the situation and looked at what options might be available for the County to help these citizens.
The Executive Summary contains information about the background of these particular problems.
Basically, staff concluded that the County has some responsibility in bringing the road up to state standards,
although technically, the County has no legal obligation to do so. Second, the County has no responsibility
for the private water system, but because of public health concerns, staff feels there is a need to assist in
some way. That assistance could range from pursuing the acquisition of the system, taking over its
maintenance and operation in the future, to simply assisting the citizens with some grant opportunities and
some technical types of assistance.
Mr. Foley said that based on all of that information, and those two conclusions, staff recommends:
1) Pursue the use of Secondary Road funds through the Rural Additions program for funds to upgrade the
road. That will need further evaluation and staff will report to the Board in a month or so. Staff needs to
determine how long it will take through that program to get the road completed. Second, staff needs to
determine if there are any significant obstacles. There has been discussion about speculative interests of
adjoining properties, and VDOT has to look at that as to whether the Rural Additions program is most
appropriate to use.
Ms. Humphris asked for an explanation of that last statement. Mr. Foley said the owner of the farm
which runs the water system in Corville Farms, has a lot of acreage. It is a question about whether
participation in the road with secondary road funds would be to the benefit of a future development. VDOT
calls that a speculative interest. Mr. Davis said that is one of the criteria under the Rural Additions program
that VDOT has to use to evaluate the request. If they find that there is a speculative interest, there are
some very specific requirements that must be met in order for the road to qualify. Mr. Foley said the
landowner would have to participate in the cost of the road under those conditions. Staff needs to be sure
that is a good alternative. He said there is another program available with funding available which is set up
by the State. If the Board chooses to, the County can participate, but there is criteria that will have to be
met.
Mr. Bowerman said the County could apply, and perhaps, participate. Mr. Foley said that under
State Code, the County has more of an opportunity to use those funds. The County does not have to apply,
but the Board must deal with the funds in the Six-Year Road priorities list. Staff needs to get more
information on this before the Board can decide whether to do so. He said there is money available other
than just general tax revenue funds that can be used for this purpose.
Mr. Dorrier asked if this is a case where the developer left without completing the subdivision. Mr.
Foley said there is a long history connected to this subdivision, and some of it is not 100 percent clear.
However, the right-of-ways were all dedicated to public use, so they are not in private hands. That indicates
the County has some responsibility for what has happened, but has no legal obligation because the road is
not in the State System. Mr. Davis said the history seems to indicate that the road was built to State
standards at one point in time, but the developer failed to post the bond with VDOT at the time he should
have done so, and because of that the road fell out of repair. VDOT gave him a list of corrections to be
made and he did not follow through. The roads were not accepted even though the County had called the
bond, had the work done to get the road up to the necessary standard to place it in the State System. That
is where the history stopped, in 1979.
Mr. Bowerman said he thinks there probably is some responsibility on the Countys part. As staff is
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recommending, the Rural Additions program should be further evaluated to see if it is applicable. He asked
if the Albemarle County Service Authority (ACSA) would also have to be consulted.
Mr. Foley said there are two other parts to the recommendation beyond the road issue. Staff
recommended proceeding with a study of the water system to determine what type of project it is, and
whether it is something the County should even pursue. The County does not have good information. Mr.
Perkins said the water system has to be fixed before the road can be fixed. Mr. Foley said if the road is
going to get done in some manner, the water system has to be evaluated as part of that because the lines
are under the road and in the right-of-way. He said staff could also investigate installation of shared wells.
There may be some grants available for this depending on the income level of the residents.
Mr. Bowerman said there isnt enough information at this time so the Board can make an intelligent
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decision. Mr. Foley said there is one thing which is not highlighted in the Executive Summary. In addition to
looking at the current distribution system that is in disrepair, staff would like for the consultant to evaluate
October 3, 2001 (Regular Day Meeting)
(Page 43)
the potential of individual wells on those lots. That is another alternative. He said there may be other
opportunities available depending on low and moderate income levels in the subdivision that would help
provide funds to pay for individual wells.
Mr. Bowerman asked if the water system is at a threshold where regulations would be onerous. Mr.
Foley said yes. Health Department regulations require a more significant system than is in place at this
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time. Mr. Bowerman asked if that is the reason for looking at shared or individual wells. Mr. Foley said that
can be done as part of the existing water system. Mr. Bowerman asked if there is grant money available to
do the study. Mr. Foley said yes. Mr. Ron White, from the Housing Department, will assist to see if there
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are opportunities available to help in solving this problem.
Ms. Thomas said there are Rural Development Funds available which the County does not usually
qualify for. Mr. Foley said the Southeast Rural Community Project (formerly Virginia Rural Projects) has
already given the County a grant. They are reluctant to provide more grant money to do the study until they
know this system may get into public hands, or there is some assurance that quality water will be provided.
Rather than the County getting involved in the water business, staff thought it should be discussed with the
ACSA in terms of it becoming a public system under their control. If the County helps them get grants, and
the system is fixed and it still remains in private hands, the system could get into disrepair again and it would
be back in the same situation. Both the road and the water issues are difficult ones to solve.
Mr. Dorrier said this is a situation where private parties can't resolve it themselves, so they need
government to help them. Situations like this do come up, but only occasionally. Mr. Foley said one
difficulty of pursuing this with the Albemarle County Service Authority is that there are a number of private
systems in the County which citizens have concerns about, and the question is one of what kind of role
should the County take here. Does it set precedents? Every community has small private systems which
are not working well. They are really a private responsibility, and not a public one.
Mr. Perkins said the Board needs to know the approximate values of the properties. This is
affordable housing in this subdivision. Another question which has come up a number of times is the need
to have a community organization so all the residents are speaking with one voice.
Mr. Bowerman asked how many citizens are involved. Ms. Ann Dunn, a resident of Corville Farms,
said there are 21 households. There are four or more members in some of these households. The income
of these people is basically low to moderate. The problem with the well system is that it was to be a public
utility. Now, it has become a private system because the owner of the well, due to lack of revenues
generated by customers of the well system, could not pay for new regulations under the Clean Water Act.
The owner then split the system into two parts, and it was done without notifying any household on the
street. It was done in full cognizance of the State Department of Health, which approved revocation of his
license as a public utility. The VDH notified no one on the street. Since January, 1995, the water has not
been tested. Corville Farms is less than two miles from the Superfund cleanup site. She contacted the
EPA and they assured her that it was too far away to have an effect on this water system, but she would like
to see that in writing. Ms. Dunn said this is a frustrating situation because the water company is owned by a
private party who calls it Public Service Company of Virginia. It was incorporated by the State. The owner
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gets no profit income as a result of that. It is not a public utility because the system was supposedly split.
She does not know what split means because all of the houses share the same storage tank. She said
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this little subdivision was to be supplied water from a public utility well, and now it has become a private
system which does not quality for much assistance. The system is deteriorating. The water lines are
leaching contaminates into the water. In December of 1994, the last time the State Department tested the
water, it showed excessive amounts of both lead and copper. She said the residents are willing to provide
manpower, but they just don't have any funds. She has a letter from James Moore at the Virginia
Department of Health when they revoked the public utility license for this well. He does state that the water
does not test right.
Mr. Dorrier asked if the well has been tested since 1994. Ms. Dunn said there were regulations
which came into effect in 1994, the Safe Water Drinking Act, that made testing standards more strict. They
also added other elements to tests for drinking water. The owner split the system at that time so the strict
standards did not have to be met, and yet people would still have water.
Mr. Dorrier asked if Ms. Dunn uses the water. Ms. Dunn said she did, but she recently moved into
Charlottesville. Mr. Bowerman asked if she were continuing this crusade as a non-resident. Ms. Dunn said
she is, and she has the backing of the residents to do that.
Mr. Dorrier asked if the people in the subdivision are willing to share in the costs of the repairs. Ms.
Dunn said the problem is cost. The people are willing to do whatever they can, but there are some
households which have very low income. The Southeast Rural Community Association came to the
subdivision and addressed the residents. They mentioned that they had been involved with other
communities where the community came together and assisted with digging and moving things. That can
be done at Corville Farms, but funding is not available.
With no further discussion of this item, motion was offered by Mr. Martin, seconded by Ms.
Humphris, that the Board accept the staffs two recommendations as follows:
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1. That the County move forward with further evaluation of utilizing the Rural Additions
program for funding the road improvements, while also proceeding immediately with
a study of the water distribution system with County funds. Any significant obstacles
and the time frame for completion of the project will have to be determined in
consultation with VDOT. After this is determined, staff will report to the Board
October 3, 2001 (Regular Day Meeting)
(Page 44)
regarding the need for local funding to ensure that the road is brought up to state
standards.
2. That the County discuss with the ACSA the possibility of taking over the Corville
Farms water system to insure its upgrade and ongoing operation and maintenance.
The County would assist the Service Authority in the pursuit of grant funding and,
potentially, some local funds to supplement the construction cost if needed.
Roll was called, and the motion carried by the following recorded vote:
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Ms. Humphris.
NAYS: None.
_______________
Agenda Item No. 22. SP-2001-22. Laser Tag at Planet Fun (Sign #39). Public hearing on a
request to add laser tag game at an existing commercial recreation establishment in accord w/Sec
18-22.2.2.1 of the Zoning Ord. TM 45, P 112G, contains 4.834 acs. Located on Berkmar Dr (Rt 1403)
approx 0.7 mls N from intersec of Rio Rd & Rt 29N. Znd C-1. Rio Dist. (Advertised in the Daily Progress
on September 17 and September 24, 2001.)
Mr. Cilimberg said the proposal is for a special use permit to add a laser tag game at an existing
commercial recreation establishment (Planet Fun). The existing facility had a number of conditions
attached to the special use permit approval. This additional recreational use would be on the second floor
of the existing building. The use is not anticipated to significantly increase traffic. There is adequate parking
for the use. There will be no new construction. VDOT has not recommended any additional improvements
to the access. The staff recommended approval subject to six conditions. The Planning Commission, at its
meeting on August 28, 2001, unanimously recommended approval subject to four of those conditions. Two
of the original conditions recommended by staff are no longer necessary, as they have been satisfied.
With no questions for staff, the public hearing was opened.
The applicant, Mr. Bob Colley, was present to answer questions, but had nothing to add to staffs
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presentation.
There was no one from the public who wished to speak, so the public hearing was closed.
Mr. Bowerman said this is simply a continuation of the activities similar to what has been going on at
that location. Since the Planning Commission agrees, he offered motion to approve SP-2001-22 with the
four conditions as recommended by the Commission. The motion was seconded by Ms. Humphris. Roll
was called, and the motion carried by the following recorded vote:
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Ms. Humphris.
NAYS: None.
(Note: The conditions of approval are set out in full below.)
1. No alcohol sales;
2. Compliance with Section 4.18.1 of the Zoning Ordinance;
3. Uses shall be limited to go-cart track, batting cages, miniature golf, arcade, bumper
boats, snack bar, laser tag, and children's play area; and,
4. Hours of operation limited to 9:00 a.m. to 12:00 a.m. (midnight), except for Fridays
and Saturdays when the facility may be operated from 9:00 a.m. to 1:00 a.m.
_______________
Agenda Item No. 23. SP-2001-24. Baker After School Program (Sign #43). Public hearing on a
request to allow private school for 10-15 under-privileged children 2 days per week between the hours of
2:30 P.M. and 5:30 P.M., in accord w/Sec 10.2.2.5 of the Zoning Ord. TM 58, Parcel 82, contains 40.066
acs. Located on W sd of Rt 676 & N of Rt 250 at 1040 Owensville Rd. Znd RA. Samuel Miller Dist.
(Advertised in the Daily Progress on September 17 and September 24, 2001.)
Mr. Cilimberg said that this is a request for a special use permit to operate a private school program
for 10 to 15 children between the ages of six and 11 years of age. The applicants attorney has advised that
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the children will be selected from two elementary schools, Meriwether Lewis and Greer, and that
participation will be based on economic factors. The children will be transported to the site by a privately-
owned van or by a school bus on its regular route. They will be taken home by van. The hours of operation
will be from 2:30 p.m. to 5:30 p.m. on Tuesdays and Thursdays during the school year. The children will
participate in the care of farm animals, riding, crafts and general agricultural activities under the supervision
of up to three adults. Indoor activities will take place inside a two-story combination barn, house and offices
currently under construction.
Mr. Cilimberg said the area is characterized by a mixture of residential and agricultural uses. The
Meriwether Hills Subdivision is on the opposite side of Owensville Road and the Lewis Hill West Subdivision
is on the north side of the property. The subject parcel is generally wooded, with the building currently
under construction in a cleared area in the center of the site. The proposed private school would not
increase the level of traffic to an unacceptable level in the rural area as a van would be used to transport
the children two days per week.
October 3, 2001 (Regular Day Meeting)
(Page 45)
Mr. Cilimberg said factors favorable to the request include: 1) The proposed private school would
provide a service to the community; and, 2) The proposed private school of this scale would not
compromise the integrity of the community or the Rural Area. Also included in the conditions are mitigation
measures to maintain a limited impact of the use in terms of transportation, hours of operation, and number
of students.
Mr. Cilimberg said staff recommended approval with six conditions. The Planning Commission, at
its meeting on August 28, 2001, unanimously recommended approval with the six conditions, but modified
two of the conditions. In addition, there has been some recent correspondence from the applicant
regarding the number of adults that would supervise children. Because it is based on one adult per five
children, and they anticipate having only ten children initially, staff would suggest that Condition No. 2. be
reworded to state: The children shall be supervised by one adult per five children at all times.
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Ms. Thomas said she understands the applicants would prefer that the condition read: Two adults
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shall supervise the children at all times. If they get to 12 children, they would have to add a third adult, and
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the State requirement is one per twenty. Mr. Cilimberg said the condition may need to be modified again.
Ms. Thomas said an easy way to word the condition would be to simply say Two adults .... because the
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number of children is already limited by Condition No. 1.
Mr. Martin asked about the hours of operation, 2:30 p.m. to 5:30 p.m. He said his wife does child
care, and the 5:30 p.m. time limit often stretches a little longer. He thinks there may need to be some
leeway to allow for things that go wrong.
Ms. Thomas opened the public hearing, and asked the applicant to speak.
Mr. Joe Cochran said he was representing the Bakers. They could not be present this afternoon.
As to the number of students and ratio of instructors, what Ms. Thomas has said is fine. The applicant
would accept language that there be at least two instructors at all times. He also thinks it would be a good
idea to have the hours of operation extended to 6:00 p.m. to give some leeway time. He offered to answer
questions.
Mr. Dorrier said he thinks it is reasonable to set the ending time at 6:00 p.m.
There was no one from the public who wished to speak, so the public hearing was closed, and the
matter placed before the Board.
Ms. Thomas said this is a very generous offer by a family to open an after-school program to a
group of children who otherwise have no opportunity for one.
Mr. Dorrier moved to approve SP-2001-024 subject to the six conditions in the Planning
Commissions letter, but modifying No. 4 to say 6:00 p.m., and that No. 2 be reworded to state: At least
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two adults shall supervise the children at all times" The motion was seconded by Ms. Humphris.
Roll was called, and the motion carried by the following recorded vote:
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Ms. Humphris.
NAYS: None.
(Note: The conditions of approval are set out in full below.)
1. The maximum number of children enrolled in the private school shall not exceed
fifteen (15) at any time;
2. Two (2) adults shall supervise the children at all times;
3. The children shall be transported to and from the property as a group, and the pick
up or drop off of individual children shall not be permitted except for medical, family
and weather-related emergencies;
4. The days of operation shall be limited to two (2) days per week and the hours of
operation shall be limited to 2:30 p.m. to 6:00 p.m. on the days of operation;
5. Expansion of the facilities for the private school shall require an amendment to this
special use permit; and,
6. Approval by the Health Department for the private school shall be required prior to
commencement of the private school.
_______________
Agenda Item No. 24. ZMA-2001-11. Pantops Place (Signs #56 & 57). Public hearing on a
request to amend proffers for the approved Pantops Place PRD. TM 78, Ps 55A(1) & 55A(5). Located on
Richmond Rd (Rt 250) at corner of Pantops Mountain Rd & Rt 250. (The Comp Plan designates this
property as urban density residential (6-34 du/ac) in Pantops Development Area. Rivanna Dist. (Advertised
in the Daily Progress on September 17 and September 24, 2001.)
Mr. Cilimberg said there is a small parcel in the southeastern corner, adjacent to the PRD for
Pantops Place. Parcels 55(A)1 and 55A(5) were covered by the original approval for Pantops Place. In
their proffers was a requirement that Parcel 55(A)3 that is near Glenorchy be given access through the
PRD to the Westminster Canterbury Road. The applicant has found that he cannot satisfy that proffer
because Westminster Canterbury has not guaranteed that they will allow that parcel access to their road.
For that reason, the applicant requests that the proffer be dropped.
October 3, 2001 (Regular Day Meeting)
(Page 46)
Mr. Cilimberg said staff has worked with both Westminster Canterbury and Pantops Place to find a
way to modify the proffer, rather than removing it. Staff recommends, with the applicants consent, a proffer
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which will retain the opportunity to provide access should it be possible using Pantops Mountain Road. The
Planning Commission, at its meeting on August 28, 2001, unanimously recommended approval of the
amended proffer dated August 28, 2001, a copy of which is attached to the Executive Summary.
Mr. Dorrier asked if this parcel is directly across from where the new Martha Jefferson Hospital is
proposed. Mr. Cilimberg said it is in the general area. Pantops Place will be next door to Westminster
Canterbury to the southeast along Route 250. It will be on the east side of the road which enters
Westminster Canterbury.
Ms. Thomas said the change is not for the sake of interconnectivity and developing a grid so much
as for a piece of property which has a steep bank on Route 250. Mr. Cilimberg said it was for both
interconnectivity and for the physical difficulties in making access to Route 250. It is not part of an overall
street network in that general area. Pantops Place had roads which serve it from the Pantops Mountain
Road. The idea was that a connection could be made to give that opportunity for through movement.
Ms. Thomas asked if the County Attorney has approved the new proffer language. Mr. Davis said
the proffer is acceptable.
Ms. Thomas opened the public hearing and asked the applicant to speak first.
Mr Rick Carter was present to represent the applicant. He said during the zoning process, the
small piece of property which the applicant does not own or control was brought to the applicants attention.
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It was recommended that the applicant proffer access through his project over to Pantops Mountain Road
so this piece of property could have access to Route 250. Then, it would not have another entrance on
Route 250 where there is a very steep bank. It was later found that while the applicant has an easement
over Pantops Mountain Road, Parcel 55(A)3 does not have an easement over that road. That road is
owned and controlled by Westminster Canterbury. The applicant proffered access to the road and then to
Route 250, but he only had the ability to proffer access to Pantops Mountain Road. That is why there is this
request to amend the proffer. The applicant is willing to provide access through his project. Through
discussions County staff had with Westminster Canterbury, assuming proper maintenance responsibilities
can be worked out with the owner of Parcel 55(A)3 for use of that road, there is an indication that
Westminster Canterbury will agree to allow them to use it. He offered to answer questions.
There was no one from the public who wished to speak, so the public hearing was closed, and the
matter placed before the Board.
Motion was offered by Mr. Martin to approve ZMA-2001-011, subject to the proffers dated August
28, 2001, attached to the Executive Summary. The motion was seconded by Ms. Humphris.
Roll was called, and the motion carried by the following recorded vote:
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Ms. Humphris.
NAYS: None.
(Note: The proffer, as approved, is set out in full below.)
PROFFER FORM
Date: August 28, 2001
ZMA #2001-022 Pantops Place
Tax Map 78 and Parcel Numbers 55A1 and 55A5
12.3 Acres to be rezoned from PRD to PRD
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its
duly authorized agent, hereby voluntarily proffers the conditions listed below which shall
be applied to the property, if rezoned. These conditions are proffered as a part of the
requested rezoning and it is agreed that: (1) the rezoning itself gives rise to the need for
the conditions; and (2) such conditions have a reasonable relation to the rezoning
request.
1. The proffers dated January 11, 2000, approved by the Albemarle County Board of
Supervisors on January 12, 2000, consisting of a signed letter dated January 5,
2000 from the owners to Elaine Echols shall remain in place with one exception.
Proffer 4b shall be replaced with the language below:
4.b. The applicant shall provide for access to the adjoining property described as
Albemarle County Tax Map 78, parcel 55A3 if the owner of Pantops
Mountain Road, Westminster Canterbury of the Blue Ridge or its assigns,
agrees to provide such access over Pantops Mountain Road. If the owner of
Tax Map 78 parcel 55A3 receives permission for such access from the
owner of Pantops Mountain Road, use of this access will require approval as
a private road under the Albemarle County Subdivision Ordinance. This
October 3, 2001 (Regular Day Meeting)
(Page 47)
accessway across Tax Map 78 parcels 55A1 and 55A5 shall be shown on
the site plan for development of "Lot C". "Lot C" is shown on the attached
plat entitled, "Subdivision Plat showing Lots A, B, and C for Tax Map 78
Parcels 55A(1) and 55A(5)" dated June 19, 2001 surveyed by Thomas B.
Lincoln (on file in the Clerk's office).
_______________
Agenda Item No. 25. ZTA-01-11. Miscellaneous. Public hearing on an Ordinance to amend
Article I, General Provisions, Article II, Basic Regulations, Article III, District Regulations, & Article IV,
Procedure, of Chapter 18, Zoning, of the Albemarle County Code, to make numerous revisions to delete or
replace obsolete terminology, clarify regulations, define terms, correct cross-references and other similar
matters, and to clarify when certain inactive applications for land use approvals will be deemed to be
withdrawn. (Advertised in the Daily Progress on September 17 and September 24, 2001.)
Ms. Amelia McCulley, Zoning Administrator, said the Board has been presented with an ordinance
revision which contains non-substantive amendments. The idea is to update references in order to be
consistent with current State Code, update State agency names, etc. It also consolidates terms and
provides more appropriate definitions. On August 28, 2001, the Planning Commission, heard these zoning
text amendments and recommended approval with minor changes.
Ms. McCulley said the proposed amendments will reduce areas of problematic interpretation and
application of regulations. The result will be a more reasonable and consistent process. The proposed
amendments will not affect housing affordability. These improvements to the language of the ordinance
will result in the more efficient use of staff time presently spent on interpretation and enforcement. She
offered to answer questions.
Ms. Thomas said she would like to relate a story which explains why she is nervous about making
these changes. In 1987 a zoning text amendment was adopted, and the people in Ivy are just now
discovering that it removed the requirement for a buffer on a piece of property there because it said
warehouses no longer needed a special use permit in the Light Industrial district. It was an unintended
consequence of what was a more substantive change than the one before the Board today. Regarded as a
fairly simple change, to that community now it has an amazing side affect. She would like to make sure
there are no unintended consequences for any piece of property from what appear to be housekeeping
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measures. She asked if these proposed amendments have been looked at from that viewpoint.
Ms. McCulley said she was not aware of anything that would have that kind of impact. There are
no substantive changes recommended, other than the posting of property. Staff wanted to make clear what
had to happen when a property had more than one road frontage. Under the section entitled Procedures,
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it sets out when an application is considered to be withdrawn, if the application is deferred indefinitely during
the process. For site plans, special use permits, and rezonings, if those applications get into the process,
go to a public hearing, and are indefinitely deferred for a year, they are considered withdrawn.
Mr. Davis said the only area where that might happen, and staff tried to analyze the proposed
changes to see if there could be any unintended consequences, is in the Definitions section. He said
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definitions have been changed to make them more consistent with how they have been interpreted and
have not been changed in a way contrary to the way they have been interpreted. It should not have the type
of consequences Ms. Thomas is concerned about. If anything would have that result, it would be in the
definitions section.
Mr. Dorrier added that most of these changes track State Code. Mr. Davis said the thrust of the
changes is to update the Code to make it consistent with terminology and name changes in agencies, etc.,
and to simply update the County Code. He said the entire Zoning Ordinance needs to be updated in a
comprehensive manner. That is on the work list, but that is a huge undertaking and will require a
tremendous amount of time to do. This is simply a stop gap measure until that update can be completed.
Mr. Cilimberg said anything of substance has been separated out by staff with separate resolutions
of intent, and the Board will be seeing those over the next several months.
Ms. Thomas asked how comments from the public were solicited for these changes. Ms. McCulley
said these changes followed normal procedures. Comments were received from Mr. Ron Keeler who had
been involved with these changes through the Design and Review Council. Because they were non-
substantive, these recommendations were not taken to a formal round table.
Ms. Humphris said it appears the Planning Commission did give this zoning text amendment a
thorough, detailed review.
Ms. McCulley said there were comments received from the public about building height. It was said
that if the Building Code definition were adopted, that would have an impact on the way it had been
administered in the past. Under the new definition, some buildings would not meet height requirements.
That item will be considered further, and considered at a later time.
Ms. Thomas said under the definition of Cluster Development it says gross density cannot be
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increased. What happens if density credits are given? Ms. McCulley said that is under Bonus Provisions
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and is a separate provision. The ordinance still provides for that.
Ms. Thomas said she was surprised that a Sunday School is only for children of parents who are
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October 3, 2001 (Regular Day Meeting)
(Page 48)
otherwise in the church worshiping. She said that in general it was very depressing going through these
amendments and seeing what government regulates. In the definition of Family day home, in the last
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sentence there is a grammatical error. The word "less" should be "fewer". The definition of Group Home,
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as it is worded, could not be a halfway home for people coming out of prison. Ms. McCulley said the
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wording of this definition is taken from State Code. The County has no discretion in that wording.
Ms. Thomas asked if the Planning Commission ever decided if the definition of Junk" included any
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collection of household furniture. She read: Any scrap, discarded, dismantled or inoperable vehicles,
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including parts of machinery thereof; household furniture .... She said the sentence should be changed to
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read: Any scrap, discarded, dismantled or inoperable vehicles: including parts and machinery thereof,
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household furniture and appliances, .... She said the sentence does not refer to just any household
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furniture, but what has been discarded, dismantled, or is inoperable. Mr. Davis suggested placing a colon
after the word inoperable.
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Ms. Thomas said she did not understand the change in Slaughterhouse. She said that is not
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where one takes something which will be changed into human consumption food. Ms. McCulley said a
Custom slaughter house is not used for human consumption. That comes under Commercial
slaughterhouse.
Ms. Thomas referred to Section 4.9, Handicapped access, and asked if only ramps or
modifications which are the minimum under the Americans with Disabilities Act (ADA) will be allowed. What
if something better than the minimum can be done, will that not be allowed to be called handicapped
access? Mr. Davis said if it is otherwise in violation of the Zoning Ordinance, it only allows that the minimum
be done. Mr. Martin said it would be like putting a parking garage next to his house in order to make it
handicapped accessible, and that would not be allowed.
Ms. Thomas referred to Section 5.1.28.a.7, the first sentence says Fill and waste areas shall only
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be for the disposal of such as soil and rock. She said the words "such as" should be struck.
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Ms. Thomas asked why the words employing machinery not exceeding fifteen horsepower per
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unit in Section 27.2.1.10 were deleted. Ms. McCulley said it was staffs opinion that a combination of the
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Performance Standards, and the requirement for a certified engineers report would address any concern in
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trying to limit horsepower.
Ms. Thomas said under Section 33.8.1, Posting of property - Planning Commission hearing, some
people in the Ivy area read this and assumed that a site plan, if it is going to be heard by the Planning
Commission, should have a sign posted, but elsewhere in the ordinance it says that site plans do not get
postings. Mr. Davis said there is no public hearing required for a site plan, even if it is heard by the
Commission. However, the adjacent property owners are notified that a site plan has been filed. Ms.
McCulley said Section 33.8, Posting of property (which is not set out in the paperwork), talks about notice
regarding zoning map amendments and special use permit applications, and that section makes it clearer
that the posting applies to those items.
Ms. Humphris said in the title of Section 31.2.3.3, Authority to not issue certificate of occupancy or
zoning compliance clearance, she would prefer that it read not to issue" instead of "to not issue."
A
Mr. Tucker said adult day care centers are not mentioned in the Definitions section. Ms. McCulley
said they have been treated the same as child day care centers. If people actually reside there, it is a
different use. Mr. Tucker said JABA has a facility where people drop off an elderly parent for the day. Ms.
McCulley said the same principles apply. Within a home there can be five or fewer children, but for more
than that it has to be regulated. It has been regulated as day care. Ms. Thomas said that definition speaks
to children under the age of 13. Ms. McCulley said that should probably be addressed in the future
because it is not currently in the ordinance. Mr. Davis said it is an issue which should be addressed.
With no further comments from Board members, Ms. Thomas opened the public hearing. No one
from the public was present to speak so the public hearing was closed, and the matter placed before the
Board.
Motion was offered by Mr. Martin, seconded by Ms. Humphris, to adopt an Ordinance (No. 01-
18[6]) to Amend Chapter 18, Zoning, Article I, General Provisions, Article II, Basic Regulations, Article III,
District Regulations, and Article IV, Procedure, of the Code of the County of Albemarle, Virginia, with the
corrections noted in the above conversation.
Roll was called, and the motion carried by the following recorded vote:
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Ms. Humphris.
NAYS: None.
(Note: The ordinance, as adopted, is set out in full below.)
ORDINANCE NO. 01-18(6)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS,
ARTICLE II, BASIC REGULATIONS, ARTICLE III, DISTRICT REGULATIONS, AND ARTICLE IV,
PROCEDURE, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
October 3, 2001 (Regular Day Meeting)
(Page 49)
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that
Chapter 18, Zoning, Article I, General Provisions, Article II, Basic Regulations, Article III, District
Regulations, and Article IV, Procedure, of the Code of the County of Albemarle are amended and
reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 4.6.2 Lots, determination of lot front
Sec. 4.8.2 Temporary mobile homes
Sec. 4.9 Buildings and structures: handicapped access
Sec. 4.12.6.5 Parking space size
Sec. 4.12.6.6.1 Determination of number of parking spaces required for unspecified uses
Sec. 5.1.02 Clubs, lodges
Sec. 5.1.06 Day care, nursery facility
Sec. 5.1.07 Home for developmentally disabled persons
Sec. 5.1.09 Fire, ambulance, rescue squad station (volunteer)
Sec. 5.1.15 Sawmill, temporary or permanent
Sec. 5.1.17 Tourist lodging
Sec. 5.1.19 Wayside stand
Sec. 5.1.25 Farm winery
Sec. 5.1.28 Borrow, fill or waste areas
Sec. 5.3.8.4 Pedestrian access
Sec. 5.3.8.7 Landscaping and screening
Sec. 10.1 Intent, where permitted
Sec. 10.3.3.1 Definitions
Sec. 27.2.1 By right
Sec. 30.3.02.2 Determination of floodway and floodway fringe in approximated flood plain
Sec. 30.5.6 Area and bulk regulations and options for bonus factors
Sec. 31.2.1 Permits required, conformance
Sec. 31.2.3 Certificates of occupancy; zoning compliance clearance
Sec. 31.2.4.2.2 Withdrawal of application
Sec. 31.2.4.3 Conditions
Sec. 31.2.4.4 Revocation
Sec. 32.4.2.7 Appeal and judicial review
Sec. 32.7.9.4 Contents
Sec. 33.0 Amendments
Sec. 33.7 Withdrawal of petitions
Sec. 33.8.1 Posting of property -- planning commission hearing
By Adding:
Sec. 32.4.2.8 Application deemed withdrawn
Sec. 32.4.3.10 Application deemed withdrawn
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
The following definitions shall apply in the interpretation and enforcement of this chapter:
Abattoir: See Slaughterhouse, custom. (Amended 10-3-01)
Automobile Graveyard: See Junkyard. (Amended 10-3-01)
Attached: When pertaining to structures, a physical connection to a structure by a
structural element or structural feature. (Added 10-3-01)
Building: Any structure having a roof supported by columns or walls. (Amended
10-3-01)
Car wash: An establishment for cleaning motor vehicles where the cleaning is performed
using equipment, supplies and water provided by the establishment. The use identified in
this chapter as "automobile laundry" is a car wash. (Added 10-3-01)
Cellar: (Repealed 10-3-01)
Cluster development: A type of development design that concentrates lots in specific
areas, does not exceed the gross density allowed within the zoning district, and allows the
remaining land to be used for common open space. (Amended 7-17-85; 10-3-01)
Condominium: Real property, and any incidents thereto or interests therein, lawfully
submitted to the Condominium Act (Virginia Code 55-79.39 et seq.) by the recordation
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October 3, 2001 (Regular Day Meeting)
(Page 50)
of condominium instruments pursuant to the provisions of the Condominium Act, and in
which the undivided interests in the common elements are vested in the unit owners.
(Added 10-3-01)
Day Care, Child Care or Nursery Facility: See Day care center. (Amended 10-3-01)
Day care center: An establishment operated for the purpose of providing care, protection
and guidance to a group of six (6) or more children under the age of thirteen (13) during
the absence of a parent or guardian during a part of a day, and includes those
establishments commonly known as preschools and nursery schools. The term "day
care center" does not include: (1) an establishment licensed and regulated as a summer
camp pursuant to Virginia Code 35.1-1 et seq.; (2) a school extended day enrichment
'
program; (3) a school, unless such school is operating a day care center outside of
regular classes; and (4) a Sunday school conducted by a religious institution or a facility
operated by a religious organization where children are cared for during short periods of
time while persons responsible for such children are attending religious services. The
uses identified in this chapter as "child care," "day care," "nurseries" (for children) and
"nursery facilities" are day care centers. (Added 10-3-01)
Detached: When pertaining to structures, the absence of a physical connection to a
structure by a structural element or structural feature. (Added 10-3-01)
Dormitory: (Repealed 10-3-01)
Easement: A right to use the land of another in a particular manner and for a particular
purpose. (Added 7-20-88; Amended 10-3-01)
Eating Establishment: See Restaurant. (Amended 10-3-01)
Family day home: A dwelling unit where care, protection and guidance is provided to a
group of more than five (5) children under the age of thirteen (13), exclusive of the
provider's family, during the absence of a parent or guardian during a part of a day. A
single-family dwelling having five (5) or fewer children is a single-family residential use.
(Added 10-3-01)
Fast Food Restaurant: See Restaurant. (Amended 10-3-01)
Group home: A group home or other residential facility licensed by the Virginia
Department of Mental Health, Mental Retardation and Substance Abuse Services in
which more than eight (8) mentally ill, mentally retarded or developmentally disabled
persons reside with one or more resident counselors or other staff persons. For
purposes of this definition, the current illegal use of or addiction to a controlled substance
as defined in Virginia Code 54.1-3401 is neither a mental illness nor a developmental
'
disability. A single-family dwelling having eight (8) or less mentally ill, mentally retarded
or developmentally disabled persons is a single-family residential use. The use identified
in this chapter as "home for developmentally disabled persons" is a group home.
(Amended 10-3-01)
Home for Developmentally Disabled Persons: See Group home. (Amended 10-3-01)
Industrialized building: A combination of one or more sections or modules, subject to
state regulation, and including the necessary electrical, plumbing, heating, ventilating and
other service systems, manufactured off-site and transported to the point of use for
installation or erection, with or without other specified components, to comprise a finished
building. For purposes of this definition, a manufactured home is not an industrialized
building. The structure and use identified in this chapter as "temporary nonresidential
mobile home" is an industrialized building. (Added 10-3-01)
Inoperable motor vehicle: (Added 6-10-87; Repealed 10-3-01)
Inoperable vehicle: Any motor vehicle, trailer or semitrailer, as those terms are defined in
Virginia Code 46.2-100, which: (1) is not in operating condition; (2) for a period of sixty
'
(60) days or longer has been partially or totally disassembled by the removal of tires and
wheels, the engine, or other essential parts required for the operation of the vehicle; or
(3) there is not displayed either valid license plates or a valid inspection decal. The
vehicle identified in this chapter as "inoperative motor vehicle" is an inoperable vehicle.
(Repealed 6-10-87; Added 10-3-01)
Junk: Any scrap, discarded, dismantled or inoperable: vehicles, including parts or
machinery thereof; household furniture and appliances; construction equipment and
materials; tanks, containers, drums, and the contents thereof; and tires, pipes, wire,
wood, paper, metals, rags, glass, plastic, food and related types of waste material.
(Added 10-3-01)
Junk yard: Any land or structure used for the abandonment, baling, collection,
dismantling, maintenance, recycling, sale, salvaging, storage, or wreckage of junk.
(Amended 10-3-01)
October 3, 2001 (Regular Day Meeting)
(Page 51)
Manufacture or manufacturing: The transformation of materials into an article or a
product of substantially different character or use. (Amended 10-3-01)
Manufactured home: A structure subject to Federal regulation which is transportable in
one or more sections; is eight (8) body feet or more in width and forty (40) body feet or
more in length in the traveling mode, or is three hundred twenty (320) or more square
feet when erected on site; is built on a permanent chassis; is designed to be used as a
single-family dwelling, with or without a permanent foundation, when connected to the
required utilities; and includes the plumbing, heating, air-conditioning, and electrical
systems contained in the structure. The structure and use identified in this chapter as
"mobile home" is a manufactured home. (Added 10-3-01)
Mobile Home: (Amended 3-5-86; 11-11-92; Repealed 10-3-01)
Museum: An establishment devoted to the procurement, care, study and display of
objects of lasting value or interest. (Added 10-3-01)
Office: A room or group of rooms used for conducting the affairs of a business,
profession, service industry, or government. The uses identified in this chapter as
"administrative office" and "professional office" are offices. (Added 10-3-01)
Private school: An institution of instruction not established and maintained at public
expense, including colleges and universities, and those institutions providing art, culinary,
cultural, drama, music, technical or vocational education or training. The uses identified
in this chapter as "school of special instruction" and "technical and trade school" are
private schools, except that in any zoning district where a private school is permitted by
right, and a technical and trade school is permitted only by special use permit, those uses
shall be separate. (Amended 10-3-01)
Professional Office: See Office. (Amended 10-3-01)
Proffer: A written condition voluntarily offered by the owner of land who has applied for a
zoning map amendment that imposes a regulation or requirement that is in addition to
the regulations otherwise applicable to the land under this chapter. (Added 10-3-01)
Restaurant: An establishment wherein, for compensation, meals or beverages are
served for consumption on or off the premises. The term "restaurant" includes, but is not
limited to, those establishments commonly known as restaurants, fast food restaurants,
coffee shops, cafeterias, cafes, lunchrooms, luncheonettes, hotel dining rooms, dinner
theaters, taverns, and soda fountains. The term "restaurant" does not include a snack
bar or refreshment stand at a public or nonprofit recreation facility, operated solely by the
operator of the facility for the convenience of its patrons. Dancing by patrons shall be
considered as entertainment accessory to a restaurant, provided the space available for
such dancing shall not be more than one-eighth (1/8) of that part of the floor area
available for dining. Provisions for dancing made available under this definition shall be
subject to the permit requirements of Chapter 12 of the Code of Albemarle. The uses
identified in this chapter as "eating establishment" and "fast food restaurant" are
restaurants. (Amended 10-3-01)
Service station: An establishment where gasoline or diesel fuel is stored, housed and
sold for supply to motor vehicles, and may include accessory motor vehicle servicing
within the principal building. The use identified in this chapter as "automobile service
station" is a service station. (Added 10-3-01)
School of Special Instruction: (Repealed 10-3-01)
Site plan: A plan satisfying the requirements of section 32 of this chapter that delineates
the overall scheme of development of one or more lots including, but not limited to,
grading, engineering design, construction details and survey data for existing and
proposed improvements. The document identified in this chapter as a site development
plan is a site plan. (Added 10-3-01)
Slaughterhouse, custom: An establishment for the slaughter of livestock from which no
meat or other product of the slaughter is sold other than materials generally considered
inedible for humans generated as waste or by-products of the slaughter including, but not
limited to, blood, bones, viscera, and hides that may be sold for purposes of removal
from the site. The use identified in this chapter as "abattoir" is a custom slaughterhouse.
(Amended 10-3-01)
Use: The purpose for which any land, water, or structure is devoted or occupied, or any
activity performed on land, water or in a structure. (Added 10-3-01)
Variance: A reasonable deviation from those provisions regulating the size or area of a
lot, or the size, area, bulk or location of a structure when the strict application of this
chapter would result in unnecessary or unreasonable hardship to the land owner, and the
October 3, 2001 (Regular Day Meeting)
(Page 52)
need for the variance would not be shared generally by other lots, and provided that the
variance is not contrary to the intended spirit and purpose of this chapter, and would
result in substantial justice being done. (Added 10-3-01)
( 3.1, 12-10-80, 7-1-81, 12-16-81, 2-10-82, 6-2-82, 1-1-83, 7-6-83, 11-7-84, 7-17-85,
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3-5-86, 1-1-87, 6-10-87, 12-2-87, 7-20-88, 12-7-88, 11-1-89, 6-10-92, 7-8-92, 9-15-93,
8-10-94, 10-11-95, 11-15-95, 10-9-96, 12-10-97; Ord. 01-18(6), 10-3-01)
Article II. Basic Regulations
Sec. 4.6.2 Lots, determination of lot front
Lot fronts shall be determined as follows: (Added 10-3-01)
a. On interior lots, the lot front shall be the portion abutting the street. (Amended
10-3-01)
b. On corner lots, the lot front shall be both portions abutting the street. (Amended
10-3-01)
c. On double frontage lots, the lot front shall be determined by observing the
prevailing building pattern or, if a prevailing building pattern has not been established, the
prevailing lotting pattern. If neither building or lotting patterns exist, the lot front shall be the
narrower boundary abutting the street. (Amended 10-3-01)
Sec. 4.8.2 Temporary industrialized buildings
Temporary industrialized buildings shall be permitted only in accordance with the
provisions of section 5.7 and section 5.8 of this chapter. (Amended 3-5-86; 10-3-01)
Sec. 4.9 Handicapped access
Notwithstanding any other regulation of this chapter, ramps or other modifications to a lot
or structure, which are the minimum required under the Americans with Disabilities Act to serve
handicapped persons, are authorized in all zoning districts. (Amended 10-3-01)
Sec. 4.12.6.5 Parking space size
Each off-street parking space shall meet the minimum requirements (in feet) as specified
below: (Amended 10-3-01)
Parking Minimum Minimum Aisle
Space Width Length Minimum Width
a. (option) 10 18 20
b. (option) 9 18 24
c. In conjunction with section 4.12.6.5, perpendicular parking shall be favored.
Where practical considerations warrant, the commission may authorize other angled, curvilinear
and/or parallel parking. Parking space and aisle dimensions for other angled, curvilinear and
parallel parking shall be reviewed and approved by the director of planning and community
development. (Amended 6-14-89)
d. Where adequate planting islands or other such features other than sidewalks are
employed to separate rows of parking spaces, not more than two (2) feet may be deducted from
the minimum length requirements stated above in order to compensate for overhang. All parking
spaces shall be designed so that no part of any vehicle shall extend over any property line,
right-of-way line, sidewalk, walkway, driveway or aisle space.
e. The number, location and dimensions of fully-accessible parking spaces, and the
provision of access aisles, curb ramps, signage and other specifications for those spaces shall be
as required by the Americans with Disabilities Act and the current editions of the Americans with
Disabilities Act Accessibility Guidelines and the Virginia Uniform Statewide Building Code.
(Amended 11-16-83; 10-3-01)
Sec. 4.12.6.6.1 Determination of number of parking spaces required for unspecified uses
Where minimum parking or loading space is not specified herein for particular
uses/structures or mixes of uses, or where conflicts exist between schedule and general
requirements, the zoning administrator shall determine requirements appropriate to the
use/structure guided by characteristics of the proposed use including anticipated employment,
number of residents and/or visitors, by requirements for similar uses or mixes and other relevant
considerations. More specifically, the zoning administrator shall be guided by the following for
uses not specified in section 4.12.6.6.2. (Amended 11-16-83)
a. For each commercial use of a retail character: One (1) space per each one
hundred (100) square feet of retail sales for the first five thousand (5,000) square feet and one (1)
space per each two hundred (200) square feet of retail sales area above five thousand (5,000)
October 3, 2001 (Regular Day Meeting)
(Page 53)
square feet. (Amended 7-20-88)
b. For commercial uses of a wholesaling and/or warehousing character: One (1)
space per two (2) employees plus one (1) space per each five hundred (500) square feet of floor
area open to the public for customer parking, but in all cases a minimum of two (2) customer
parking spaces.
c. For uses of an industrial character: One (1) space per two (2) employees on the
major work shift plus one (1) space per five hundred (500) square feet open to the public for
customer parking, but in all cases a minimum of two (2) customer parking spaces.
d. For uses of an office character: One (1) space per two hundred (200) square
feet of net office floor area. For purposes of this paragraph, net office floor area shall be deemed
to be: (i) eighty (80) percent of the gross floor area; or (ii) the actual net office floor area as
shown on floor plans submitted by the applicant, delineating the actual net office floor area, which
plans shall be binding as to the maximum net floor area used. (Amended 10-3-01)
e. For uses of public assembly (indoor or outdoor) character: One (1) space per
four (4) fixed seats or per seventy-five (75) square feet of place of assembly whichever shall be
greater.
f. For dwelling units: Two (2) spaces per unit.
g. For recreational uses not specified: One (1) space per one hundred twenty-five
(125) square feet of usable recreational area.
h. Other permitted uses: A total number of spaces sufficient to accommodate the
vehicles of all employees of the establishment plus those of all persons who may be expected to
visit the same at any one time.
(§4.12.6.6.1, 12-10-80, 11-16-83, 7-20-88; Ord. 01-18(6), 10-3-01).
Sec. 5.1.02 Clubs, lodges.
Each club or lodge shall be subject to the following:
a. Regardless of any zoning district regulations, gun clubs and shooting ranges
shall be permitted by special use permit only; (Amended 10-3-01)
b. Subordinate uses and fund-raising activities such as bingo, raffles and auctions
may be conducted outdoors during daylight hours and shall be conducted in an enclosed
buildings at all other times. (Amended 6-14-00; 10-3-01)
Sec. 5.1.06 Day care center, family day home
Each day care center or family day home shall be subject to the following: (Added
10-3-01)
a. No such use shall operate without the required licensure by the Virginia
Department of Social Services. It shall be the responsibility of the owner/operator to transmit to
the zoning administrator a copy of the original license. Failure to do so shall be deemed willful
noncompliance with the provisions of this chapter; (Amended 10-3-01)
b. Periodic inspection of the premises shall be made by the Albemarle County fire
official at his discretion. Failure to promptly admit the fire official for such inspection shall be
deemed willful noncompliance with the provisions of this chapter; (Amended 10-3-01)
c. These provisions are supplementary and nothing stated herein shall be deemed
to preclude application of the requirements of the Virginia Department of Social Services, Virginia
Department of Health, Virginia State Fire Marshal, or any other local, state or federal agency.
(Amended 10-3-01)
Sec. 5.1.07 Group homes
Each group home shall be subject to the following: (Added 10-3-01)
a. Conditions may be imposed on such homes to insure their compatibility with
other permitted uses, but such conditions shall not be more restrictive than those imposed on
other dwellings in the same districts unless such additional conditions are necessary to protect the
health and safety of the residents of such homes;
b. Each group home shall be subject to Albemarle County fire official review.
(Amended 10-3-01)
Sec. 5.1.09 Fire, ambulance, rescue squad station (volunteer).
Each fire, ambulance or rescue squad station (volunteer) shall be subject to the
following:
October 3, 2001 (Regular Day Meeting)
(Page 54)
a. Any such use seeking public funding shall be reviewed by the commission in
accordance with section 31.2.5. Specifically, the commission shall find that the proposed service
area is not already adequately served by another such facility. In addition, the commission shall
consider: growth potential for the area; relationship to centers of population and to high-value
property concentrations; and access to and adequacy of public roads in the area for such use.
The commission may request recommendation from the Albemarle County fire official and other
appropriate agencies in its review;
b. Subordinate uses and fund-raising activities such as bingo, raffles and auctions
may be conducted outdoors during daylight hours and shall be conducted in an enclosed building
at all other times. (Amended 6-14-00; 10-3-01)
Sec. 5.1.15 Sawmill, temporary or permanent
Each temporary or permanent sawmill shall be subject to the following: (Added 10-3-01)
a. No structure and no storage of lumber, logs, chips or timber shall be located
closer than one hundred (100) feet to any lot line. Trees and vegetation within the one hundred
(100) foot setback shall be maintained as a buffer to adjoining properties and uses, provided that
during the last three months of operation such trees may be removed;
b. No saw, planer, chipper, conveyor, chute or other like machinery shall be located
closer than six hundred (600) feet to any dwelling on other property in the area;
c. No sawing, planing, chipping or operation of other processing machinery shall
occur between 7.00 p.m. and 7:00 a.m. No loading/unloading of wood/wood products shall occur
between 12:00 midnight and 7:00 a.m.;
d. All timbering and milling operations, including reforestation/restoration and
disposal of snags, sawdust and other debris, shall be conducted in accordance with Title 10.1 of
the Virginia Code and the regulations of the Virginia Department of Forestry; (Amended 10-3-01)
e. All such operations shall be subject to the noise limitation requirements of
section 4.18. (Amended 10-3-01)
Sec. 5.1.17 Tourist lodging
The zoning administrator shall issue a zoning compliance clearance for tourist lodging
provided that the Albemarle County fire official and the Virginia Department of Health issue their
approvals for the use, and all other applicable requirements of this chapter are satisfied.
(Amended 10-3-01)
Sec. 5.1.19 Wayside stand
Each wayside stand shall be subject to the following: (Added 10-3-01)
a. Structures for wayside stands, including vehicles, shall not exceed six hundred
(600) square feet in aggregate floor area nor be located closer than thirty-five (35) feet to any
public road right-of-way;
b. No wayside stand shall be established without approval of a preliminary site plan
by the director of planning. In reviewing the plan, the director of planning shall give particular
attention to provisions for safe and convenient access from and to the public road and adequacy
of delineation of parking. No such plan shall be approved until the Virginia Department of
Transportation approves the commercial access to the site. (Amended 10-3-01)
Sec. 5.1.25 Farm winery
Each farm winery shall be subject to the following:
a. The owner shall obtain a farm winery license from the State Alcoholic Beverage
Control Board. At least fifty-one (51) percent of the fresh fruits or agricultural products used by
the owner to manufacture the wine shall be grown or produced on the farm, unless the State
Alcoholic Beverage Control Board waives such requirement; (Added 4-1-98)
b. Facilities for fermenting and/or bottling wine shall not be established until the
vineyard, orchard or other growing area has been established and is in production; (Added
12-16-81)
c. The following uses and activities are permitted at a farm winery with the prior
approval of a site plan as provided in subsection (d). Special events and festivals are also subject
to the additional requirements set forth in subsection (e): (Added 4-1-98)
1. On-premise sale of wine and wine consumption. One location may be
established on each farm for the on-premise sale of wine and wine consumption. The aggregate
total floor area for such sales and consumption shall not exceed fifteen hundred (1,500) square
October 3, 2001 (Regular Day Meeting)
(Page 55)
feet. A special use permit issued pursuant to section 31.2.4 of this chapter may authorize the
aggregate floor area to exceed fifteen hundred (1,500) square feet; (Added 12-16-81; Amended
1-1-84; 4-1-98)
2. Daily tours. Daily tours of a farm winery shall be permitted; (Added
1-1-84; Amended 4-1-98)
3. Special events. Special events shall be permitted up to twelve (12)
times per year. For purposes of this section, a special event is an event conducted at a farm
winery on a single day for which attendance is allowed only by invitation or reservation and whose
participants do not exceed one hundred fifty (150) persons; special events include, but are not
limited to, meetings, conferences, banquets, dinners, wedding receptions, private parties and
other events conducted for the purpose of marketing wine. A special use permit issued pursuant
to section 31.2.4 of this chapter may authorize the number of special events per year to exceed
twelve (12), or the number of allowed participants at any event to exceed one hundred fifty (150),
or both; (Added 4-1-98)
4. Festivals. Festivals shall be permitted up to four (4) times per year. For
purposes of this section, a festival is an event conducted at a farm winery for up to three (3)
consecutive days which is open to the general public and conducted for the purpose of marketing
wine. (Added 4-1-98)
d. A use or activity identified in subsection (c) is authorized only with the prior
approval of a site plan. Prior to approval of the site plan, the owner shall obtain from the Virginia
Department of Transportation approval of a commercial entrance to the farm winery, and any
required approval from the local office of the Virginia Department of Health. If a site plan waiver
is requested, particular consideration shall be given to provisions for safe and convenient access,
parking, outdoor lighting, signs and potential adverse impacts to adjoining property, and
reasonable standards and conditions may be imposed as conditions of such waiver; (Added
4-1-98)
e. Special events and festivals shall be also subject to the following: (Added
4-1-98)
1. The owner shall obtain a zoning clearance prior to conducting a festival
at which more than one hundred fifty (150) persons will be allowed to attend. A single zoning
clearance may be obtained for one (1) or more such festivals as provided herein: (Added 4-1-98)
a. The owner shall apply for a zoning clearance at least thirty (30)
days prior to the date of the first festival to be authorized by the zoning clearance. The
application shall be submitted to the zoning administrator, who shall forward copies of the
application to the county police department, the county fire and rescue division, and the local
office of the Virginia Department of Health; (Added 4-1-98)
b. The application shall describe the nature of each festival to be
authorized by the zoning clearance, the date or dates and hours of operation of each such
festival, the facilities, buildings and structures to be used, and the number of participants allowed
to attend each festival; (Added 4-1-98)
c. Upon a determination that all requirements of the zoning
ordinance are satisfied and upon receiving approval, and any conditions of such approval, from
the other county offices receiving copies of the application, the zoning administrator shall issue a
zoning clearance for one or more festivals. The zoning clearance shall be conditional upon the
owner's compliance with all requirements of the zoning ordinance and all conditions imposed by
the zoning clearance; (Added 4-1-98)
d. The zoning administrator may issue a single zoning clearance
for two (2) or more festivals if: (i) the application submitted by the owner includes the required
information for each festival to be covered by the zoning clearance: (ii) the zoning administrator
determines that each such festival is substantially similar in nature and size; and (iii) the zoning
administrator determines that a single set of conditions that would apply to each such festival may
be imposed with the zoning clearance. (Added 4-1-98)
2. No kitchen facility permitted by the Health Department as a commercial kitchen
shall be allowed on the farm. A kitchen may be used by licensed caterers for the handling,
warming and distribution of food, but not for cooking food, to be served at such special event or
festival; (Added 4-1-98)
3. An outdoor amplified sound system shall be prohibited. (Added 4-1-98)
Sec. 5.1.28 Borrow, fill or waste areas
Each borrow, fill or waste area shall be subject to the following: (Added 10-3-01)
a. No grading permit shall be issued for any borrow, fill, or waste area activity
exceeding an aggregate volume of ten thousand (10,000) cubic yards on any one parcel of
October 3, 2001 (Regular Day Meeting)
(Page 56)
record on the adoption date of this provision until, in addition to approval of a grading plan, the
county engineer has approved a plan and/or narrative for such activity in accordance with the
following requirements:
1. The site, both during and after such activity, shall be shaped and sloped
for proper drainage in accordance with sections 4.3 and 30.4.13 of this chapter; (Amended
10-3-01)
2. No such activity shall occur in any flood plain area except in accordance
with section 30.3 of this chapter nor within three hundred (300) horizontal feet of the edge of any
water supply impoundment or tributary thereof without approval of the watershed management
official. Provision shall be made for the minimization of ground and surface water contamination;
(Amended 10-3-01)
3. All vehicles used to transport excavated or waste materials shall be
loaded in such manner that the material cannot be unintentionally discharged from the vehicle.
All such vehicles shall be cleaned of all material not in the load-bed prior to entering onto any
public road;
4. The area of such activity and access roads thereto shall be treated or
maintained in such a manner as to prevent dust or debris from blowing or spreading onto
adjacent properties or public streets. Depending on the anticipated intensity and duration of the
activity and the character of development of adjoining properties, the zoning administrator may
require, for the protection of adjoining properties, public roads, and public safety, such setback,
fencing and/or landscaping requirements as deemed appropriate; provided that the same shall
not exceed the requirements of sections 30.4.6, 30.4.7 and 30.4.9 of this chapter; (Amended
10-3-01)
5. Operations involving power equipment of an industrial type shall be
limited to the hours of 7:00 a.m. to 9:00 p.m. except in cases of a public emergency as
determined by the director of emergency services for the county. Blasting operations shall be
restricted to Monday through Friday between 8:00 a.m. and 5:00 p.m.;
6. Regarding lateral support, all operations shall be conducted in a safe
manner with respect to the likelihood of hazard to persons, physical damage to adjacent land and
improvements, and damage to any public street by reason of slides, sinking, or collapse;
7. Fill and waste areas shall only be for the disposal of soil and rock.
Disposal of trash and garbage, as defined in section 13-100 of the Code of Albemarle, shall be
accomplished in accordance with the requirements of Chapter 13 of the Code of Albemarle;
(Amended 10-3-01)
8. Provision shall be made for site reclamation including but not limited to
restoration approximating natural contours and establishment of permanent vegetative ground
cover. Such reclamation shall commence within fifteen (15) days of completion of borrow, fill or
waste activity, provided reclamation activities of a seasonal nature shall be completed by a date to
be established by the county engineer.
b. In the case of fill or waste activity, the county engineer may refer such plan to the
Waste Division of the Virginia Department of Environmental Quality for comment and
recommendation. The county engineer may require additional information and plans from the
applicant to facilitate such review. (Amended 10-3-01)
c. In lieu of a plan and narrative as required by this section, the county engineer
may accept a contractual agreement between the Virginia Department of Transportation and its
contractor for a public road project; provided that the county engineer shall determine that such
agreement satisfies at least to an equivalent extent the requirements and intent of this section.
(Amended 10-3-01)
d. The zoning administrator may require posting of a bond in an amount adequate
to insure compliance with the requirements of this section prior to commencement of such
activity. (Added 7-6-83)
Sec. 5.3.8.4 Pedestrian access
The requirements of section 32.7.2.8 shall be met. (Amended 10-3-01)
Sec. 5.3.8.7 Landscaping and screening
The requirements of section 32.7.9 shall be met. In addition, screening may be required
in accordance with section 32.7.9.8(a) around the entire perimeter of the park, or part thereof,
except where adequate vegetation already exists and a conservation plan has been submitted in
accordance with section 32.7.9.4(b). (Amended 10-3-01)
Article III. District Regulations
October 3, 2001 (Regular Day Meeting)
(Page 57)
Sec. 10.1 Intent, where permitted
This district (hereafter referred to as RA) is hereby created and may hereafter be
established by amendment of the zoning map for the following purposes: (Amended 11-8-89)
-Preservation of agricultural and forestal lands and activities;
-Water supply protection;
-Limited service delivery to the rural areas; and
-Conservation of natural, scenic, and historic resources. (Amended 11-8-89)
Residential development not related to bona fide agricultural/ forestal use shall be
encouraged to locate in the urban area, communities and villages as designated in the
comprehensive plan where services and utilities are available and where such development will
not conflict with the agricultural/forestal or other rural objective. Where development does occur,
rural residents should expect to receive a lower level of service delivery than will be provided to
residential developments in designated growth areas. In relation to residential development,
agricultural/forestal activities shall be regulated only to the extent necessary to protect public
health and safety. (Added 11-8- 89; Amended 10-3-01))
In regard to agricultural preservation, this district is intended to preserve the county's
active farms and best agricultural and forestal lands by providing lot areas designed to insure the
continued availability of such lands for preferential land use tax assessment in order to enhance
the economy, and maintain employment and lifestyle opportunities. In addition, the continuation
and establishment of agriculture and agriculturally-related uses will be encouraged, and
landowners will be encouraged to employ Virginia State Water Control Board best management
practices. (Amended 11-8- 89)
Sec. 10.3.3.1 Definitions (Added 11-8-89)
The following definitions shall apply to any rural preservation development created under
section 10.3.3: (Amended 10-3-01)
a. Development Lot: A lot within a rural preservation development, other than a
rural preservation tract, created for the purpose of residential or other permitted usage.
b. Rural Preservation Development: A subdivision of land consisting of
development lots together with a rural preservation tract.
c. Rural Preservation Tract: A lot, the usage and diminishment of which is
restricted and protected by legal arrangements to insure its maintenance and preservation for the
purpose of: preservation of agricultural and forestal land and activity; water supply protection;
and/or conservation of natural, scenic or historic resources.
Sec. 27.2.1 By right
Except as otherwise limited by section 27.2.2.10, the following uses shall be permitted in
any LI district subject to the requirements and limitations of these regulations: (Amended
2-13-85)
1. Compounding of drugs, including biological products, medical and chemical as
well as pharmaceutical.
2. Fire and rescue squad stations (reference 5.1.9).
3. Manufacture, processing, fabrication, assembly, distribution of products such as
but not limited to: (Amended 12-2-81; 2-20-91)
-Artists' supplies and equipment.
-Business, office machines and equipment.
-Cosmetics, including perfumes, perfumed toiletries and perfumed toilet soap.
-Drafting supplies and equipment.
-Electrical lighting and wiring equipment.
-Electrical and electronic equipment and components including radio,
telephone, computer, communication equipment, TV receiving sets,
October 3, 2001 (Regular Day Meeting)
(Page 58)
phonographs.
-Food products, such as bakery goods, dairy products, candy, beverages,
including bottling plants.
-Gifts, novelties including pottery, figurines and similar ceramic products.
-Glass products made of purchased glass.
-Industrial controls.
-Jewelry, silverware.
-Light machinery and machine parts, including electrical household appliances
but not including such things as clothes washers, dryers and refrigerators.
-Musical instruments.
-Paper products such as die-cut paperboard and cardboard, sanitary paper
products, bags and containers.
-Photographic equipment and supplies including processing and developing
plant.
-Rubber, metal stamps.
-Small electrical parts such as coils, condensers, transformers, crystal holders.
-Surgical, medical and dental instruments and supplies.
-Toys, sporting and athletic equipment, except firearms, ammunition or
fireworks.
-Watches, clocks and similar timing devices.
-Wood cabinets and furniture, upholstery.
4. Publishing, printing, lithography and engraving, including but not limited to
newspapers, periodicals and books.
5. Preparation of printing plates including typesetting, etching and engraving.
6. Research and development activities including experimental testing.
7. Scientific or technical education facilities.
8. Assembly and fabrication of light aircraft from component parts manufactured
off-site.
9. Contractor's office and equipment storage yard.
10. Engineering, engineering design, assembly and fabrication of machinery and
components, including such on-site accessory uses as machining, babbitting,
welding and sheet metal and excluding such uses as drop hammering and
foundry. (Amended 10-3-01)
11. Electric, gas, oil and communication facilities excluding tower structures and
including poles, lines, transformers, pipes, meters and related facilities for
distribution of local service and owned and operated by a public utility. Water
distribution and sewerage collection lines, pumping stations and appurtenances
owned and operated by the Albemarle County Service Authority. Except as
otherwise expressly provided, central water supplies and central sewerage
systems in conformance with Chapter 16 of the Code of Albemarle and all other
applicable law. (Amended 5-12-93)
12. Public uses and buildings including temporary or mobile facilities such as
schools, offices, parks, playgrounds and roads funded, owned or operated by
local, state or Federal agencies (reference 31.2.5); public water and sewer
transmission, main or trunk lines, treatment facilities, pumping stations and the
like, owned and/or operated by the Rivanna Water and Sewer Authority
(reference 31.2.5; 5.1.12). (Amended 11-1-89)
13. Temporary construction uses (reference 5.1.18).
14. Business and professional office buildings.
October 3, 2001 (Regular Day Meeting)
(Page 59)
15. Dwellings (reference 5.1.21). (Added 4-17-85)
16. Temporary nonresidential mobile homes (reference 5.8). (Added 3-5-86)
17. Warehouse facilities and wholesale businesses not involving storage of gasoline,
kerosene or other volatile materials; dynamite blasting caps and other
explosives; pesticides and poisons; and other such materials which could be
hazardous to life in the event of accident. (Added 12-2-87)
Sec. 30.3.02.2 Determination of floodway and floodway fringe in the approximated flood
plain
Except for such uses permitted in the floodway in accordance with section 30.3.5, no use,
structure or building shall be established and no rezoning petition, site development plan,
subdivision plat, building permit or other county approval shall be given for lands located within
any approximated flood plain, prior to verification by the county engineer as to the limits of the
floodway and floodway fringe within such lands. In his determination of the limits of the floodway
and floodway fringe, and one hundred year flood elevation, the county engineer may request
assistance from the Federal Insurance Administration, the United States Army Corps of
Engineers, and such other qualified agencies and persons as he deems appropriate. The county
engineer shall require the applicant to provide such information as he deems reasonably
necessary to make his determination. The cost of such determination shall be borne entirely by
the applicant.
(§30.3.02.2, 12-10-80; Ord. 01-18(6), 10-3-01)
Sec. 30.5.6 Area and bulk regulations and options for bonus factors
Area and bulk regulations and options for bonus factors shall be as for and subject to the
district regulations of the underlying basic and/or other overlay districts as cited in section 30.5.2,
except that the following limitations shall apply:
Except as herein otherwise expressly provided, no buildings or structures other than
necessary accessory appurtenant fences and/or walls shall be constructed within sixty-five (65)
feet of the edge of any designated stream at mean annual flow level. In addition, within sixty-five
(65) feet of the edge of any designated stream at mean annual flow level, there shall be no
excessive cutting of any forested area. Any such forested area shall be deemed to have been
excessively cut if, as a result of any cutting operation or series or combination of operations, the
area of the canopy of such forested area shall be reduced by more than twenty-five (25) percent
on any one parcel of land as determined by reference to the aerial photographs of such area
taken in December 1980 and owned and maintained by the county, provided that any cutting not
prohibited by this section shall be done in such a manner as to maintain insofar as possible a
uniform density of trees throughout the entire portion of any land parcel affected hereunder.
Area within any such district may be part of a lot and countable for purposes of area, density and
yard requirements unless otherwise prohibited within this chapter. (Amended 9-9-92; 10-3-01)
If any requirement of chapter 17 is more restrictive than any requirement in this section
30.5.6, then the requirement in chapter 17 shall apply. (Added 10-3-01)
Article IV. Procedure
Sec. 31.2.1 Permits required; conformance
Buildings or structures shall be started, reconstructed, enlarged or altered only after a
building permit has been obtained from the building official. No building permit or certificate of
occupancy shall be issued in violation of zoning or other local ordinances. (Amended 10-3-01)
Sec. 31.2.3.1 Certificate of occupancy
It shall be unlawful to use or permit the use of any structure or premises, or part thereof,
hereafter created, erected, changed, converted, altered or enlarged, wholly or partly in its use or
structure, until a certificate of occupancy indicating completion of the work for which a permit was
issued, is issued therefor by the zoning administrator. Final inspection approval or approvals may
serve as the certificate of occupancy for any addition or alteration to a structure for which a
certificate of occupancy has already been issued. The certificate shall show that the structure,
premises or part thereof, and the proposed use thereof, is in conformity with the provisions of this
chapter. (Amended 10-3-01)
When structures are completed and ready for occupancy prior to the completion of all
improvements required by the site plan, and the zoning administrator determines that the site may
be occupied consistently with the public health, safety and welfare: (Amended 10-3-01)
a. Except as provided in subsection (c), the owner may provide a certified check,
bond with surety satisfactory to the county, a letter of credit satisfactory to the county, or other
form of surety satisfactory to the county approved by the county attorney, in an amount sufficient
October 3, 2001 (Regular Day Meeting)
(Page 60)
for and conditioned upon the completion of the improvements related to the structure for which
the permit is sought, within one (1) year. Upon the providing of such bond with surety, a permit
may be issued for the occupancy of those structures already completed. (Added 10-3-01)
b. The board of supervisors may extend the period of the surety if the applicant
demonstrates that the extension is required because of adverse weather conditions or other
unusual circumstances beyond the applicant's control, rather than the applicant's failure to
diligently pursue completion or other reasons. (Added 10-3-01)
c. A certificate of occupancy shall not be issued, and a surety shall not be
accepted, if the zoning administrator determines that improvements directly related to health and
safety, such as fire hydrants and safe and convenient access to public roads, have not been
completed and are not operational. (Added 10-3-01)
Sec. 31.2.3.2 Zoning compliance clearance
An occupant shall obtain a zoning compliance clearance from the zoning administrator
when: (1) a new commercial or industrial use is first established on a parcel; (2) an existing
commercial or industrial use is changed or intensified; or (3) the occupant of a non-residential use
changes. The zoning compliance clearance shall be issued only if the zoning administrator
determines that the structure or premises and its use comply with the requirements of this
chapter. For purposes of this section, production agriculture is not a commercial or industrial use;
a home occupation is a commercial use. (Added 9-9-92; Amended 10-3-01)
Sec. 31.2.3.3 Authority not to issue certificate of occupancy or zoning compliance
clearance
Notwithstanding sections 31.2.3.1 and 31.2.3.2, nothing contained herein shall be
deemed to obligate the zoning administrator, following review of any building or premises, to issue
a certificate of occupancy or zoning compliance clearance in any case in which the zoning
administrator determines that additional improvements are necessary as precedent to issuing a
certificate of occupancy or a zoning compliance clearance to protect the public health or safety,
whether or not the improvements are shown on the approved site plan. (Added 9-9-92; Amended
10-3-01)
Sec. 31.2.4.2.2 Withdrawal of application
An application shall be withdrawn, or be deemed to be withdrawn, as provided herein:
(Added 10-3-01)
a. An application filed pursuant to section 31.2.4.2 above may be withdrawn upon
written request by the applicant. The written request must be received by the body considering
the application prior to it beginning consideration of the matter on the meeting agenda. Upon
receipt of the request for withdrawal, processing of the application shall cease without further
action by the commission or the board. Substantially the same application shall not be
reconsidered within twelve (12) months of the date of the withdrawal unless the body considering
the application at the time of withdrawal specifies that the time limitation shall not apply. (Added
6-19-96; Amended 10-3-01)
b. If the applicant requests that further processing or formal action on the
application be indefinitely deferred, the application shall be deemed to have been voluntarily
withdrawn by the applicant if the commission or the board does not take action on the application
within twelve (12) months after the date the deferral was requested. Upon written request
received by the director of planning and community development before the application is
deemed to be withdrawn, the director may grant one extension of the deferral period for a period
determined to be reasonable, taking into consideration the size or nature of the proposed use, the
complexity of the review, and the laws in effect at the time the request for extension is made.
(Added 10-3-01)
Sec. 31.2.4.3 Conditions
The board of supervisors may impose upon any such permit such conditions relating to
the use for which such permit is granted as it may deem necessary in the public interest and may
require a bond with surety or other approved security to ensure that the conditions so imposed
shall be complied with. Such conditions shall relate to the purposes of this ordinance, including,
but not limited to, the prevention of smoke, dust, noise, traffic congestion, flood and/or other
hazardous, deleterious or otherwise undesirable substance or condition; the provision of
adequate police and fire protection, transportation, water, sewerage, drainage, recreation,
landscaping and/or screening or buffering; the establishment of special requirements relating to
the building setbacks, front, side and rear yards, off-street parking, ingress and egress, hours of
operation, outside storage of materials, duration and intensity of use, building height and/or other
particular aspects of occupancy or use. Except as the board of supervisors may otherwise
specifically provide in a particular case, any condition imposed under the authority of this section
shall be deemed to be essential to and nonseverable from the issuance of the permit itself.
(Amended 10-3-01)
October 3, 2001 (Regular Day Meeting)
(Page 61)
Sec. 31.2.4.4 Revocation
Any special use permit issued pursuant to this chapter may be revoked by the board of
supervisors, after notice and hearing pursuant to Virginia Code 15.2-2204, for willful
'
noncompliance with this chapter or any conditions imposed under the authority of section
31.2.4.3. If the use, structure or activity for which a special use permit is issued is not
commenced within twenty-four (24) months after the permit is issued, the permit shall be deemed
abandoned and the authority granted thereunder shall thereupon terminate. For purposes of this
section, if the use authorized by the permit requires the construction of one or more structures,
the term "commenced" means starting the lawful physical construction of any structure necessary
to the use authorized by the permit within twenty-four (24) months after the permit is issued. The
board of supervisors may, as a condition of approval, impose an alternative period in which to
commence the use, structure or activity as may be reasonable in a particular case. A
determination that a permittee has commenced a use, structure or activity under this section is
not a determination that the permittee has acquired a vested right under Virginia Code
'
15.2-2307. (Amended 10-3-01)
Sec. 32.4.2.7 Appeal and judicial review
If the agent or the commission disapproves a preliminary site plan, such action shall be
subject to judicial review as provided in Virginia Code 15.2-2260. Nothing herein shall preclude
'
the developer from first appealing the decision of the agent or commission to the board of
supervisors, provided that such appeal is submitted in writing in the office of the agent within ten
(10) calendar days after the date of such disapproval. The board of supervisors may affirm,
reverse or modify in whole or in part, the decision of the agent or the commission. In so doing,
the board of supervisors shall give due consideration to the recommendations of the agent, the
site review committee or the commission. In addition, it may consider such other evidence as it
deems necessary for a proper review of the application. (Amended 10-3-01)
Sec. 32.4.2.8 Application deemed withdrawn
If the applicant requests that further processing or formal action on the application for a
preliminary site plan be indefinitely deferred, the application shall be deemed to have been
voluntarily withdrawn by the applicant if the agent, commission, or board does not take action on
the application within six (6) months after the date the deferral was requested. Upon written
request received by the director of planning and community development before the application is
deemed to be withdrawn, the director may grant one extension of the deferral period for a period
determined to be reasonable, taking into consideration the size or nature of the proposed
development, the complexity of the review, and the laws in effect at the time the request for
extension is made. (Added 10-3-01)
Sec. 32.4.3.10 Application deemed withdrawn
If the applicant requests that further processing or formal action on the application for a
final site plan be indefinitely deferred, the application shall be deemed to have been voluntarily
withdrawn by the applicant if the agent, commission, or board does not take action on the
application within six (6) months after the date the deferral was requested. Upon written request
received by the director of planning and community development before the application is
deemed to be withdrawn, the director may grant one extension of the deferral period for a period
determined to be reasonable, taking into consideration the size or nature of the proposed
development, the complexity of the review, and the laws in effect at the time the request for
extension is made. (Added 10-3-01)
Sec. 32.7.9.4 Contents
The landscape plan shall show the following:
a. The location, size and type of all proposed plant materials, and verification that
minimum landscaping and screening requirements have been satisfied. Plant materials may be
indicated in the following generic terms on the landscape plan: large or medium shade tree;
screening tree; screening shrub; or street shrub. The required plant materials shall be chosen
from a recommended species list approved by the agent. Plant material not listed may be
substituted for required plant material only if such substitution is expressly approved by the agent.
(32.8.2.2, 7-10-85; Amended 5-1-87)
b. Existing trees or wooded areas may be preserved in lieu of planting new
materials in order to satisfy landscaping and screening requirements, subject to the agent's
approval. In such case, the landscape plan shall indicate the trees to be saved; limits of clearing;
location and type of protective fencing; grade changes requiring tree wells or walls; and trenching
or tunneling proposed beyond the limits of clearing. In addition, the applicant shall sign a
conservation checklist approved by the agent to insure that the specified trees will be protected
during construction. Except as otherwise expressly approved by the agent in a particular case,
such checklist shall conform to specifications contained in the Virginia Erosion and Sediment
Control Handbook, pages III-393 through III-413, and as hereafter amended. (32.8.2.3, 7-10-85;
Amended 5-1-87; 10-3-01)
October 3, 2001 (Regular Day Meeting)
(Page 62)
c. In addition, the landscape plan shall indicate existing landscape features on the
site. Such features shall include, but shall not be limited to:
1. Wooded area indicated by general type (evergreen or deciduous) and
location of tree line;
2. Small groups of trees and individual trees of six (6) inch caliper or
greater, or ornamental trees of any size, indicated by common name, approximate caliper and
location;
3. Natural features which distinguish the site, such as prominent ridge lines,
rock outcroppings or water features;
4. Man-made features of local, historic or scenic importance;
5. Scenic vistas across the site from a public road.
The agent may require that any or all such features be preserved upon determination
following a site inspection, that the features contribute significantly to the character of the
Albemarle County landscape and that the preservation of such features is necessary to satisfy the
purpose and intent of this chapter.
The purpose of this section is to protect unique amenities which could otherwise be
irretrievably lost due to careless site design. It is not intended that this section be applied
indiscriminately, nor to prohibit development. (32.8.2.4, 7-10-85; Amended 5-1-87)
Sec. 33.0 Amendments
The board of supervisors may amend, supplement, or change the regulations in this
chapter, or the zoning boundaries or classifications of property on the zoning map, in conformity
with the provisions of Article 7 of Chapter 22 of Title 15.2 of the Code of Virginia (1950), as
amended, and the provisions and purposes of this section. (Amended 10-3-01)
Sec. 33.7 Withdrawal of petitions
A petition shall be withdrawn, or be deemed to be withdrawn, as provided herein:
a. A petition filed pursuant to section 33.2.1 may be withdrawn upon written request
by the applicant. The written request must be received by the body considering the application
prior to it beginning its consideration of the matter on the meeting agenda. Upon receipt of the
request for withdrawal, processing of the petition shall cease without further action by the
commission or the board. Substantially the same petition shall not be reconsidered within twelve
(12) months of the date of withdrawal unless the body considering the petition at the time of
withdrawal specifies that the time limitation shall not apply. (Amended 6-19-96; 10-3-01)
b. If the applicant requests that further processing or formal action on the petition
be indefinitely deferred, the petition shall be deemed to have been voluntarily withdrawn by the
petitioner if the commission or the board does not take action on the petition within twelve (12)
months after the date the deferral was requested. Upon written request received by the director
of planning and community development before the petition is deemed to be withdrawn, the
director may grant one extension of the deferral period for a period determined to be reasonable,
taking into consideration the size or nature of the proposed use, the complexity of the review, and
the laws in effect at the time the request for extension is made. (Added 10-3-01)
Sec. 33.8.1 Posting of property - Planning Commission hearing
At least fifteen (15) days before the commission's public hearing, the zoning administrator
or designee shall erect on the property specified in section 33.8 above, a sign or signs indicating
the property is to be subject to public hearing and referencing how to obtain additional information
regarding the hearing. The sign shall be erected within ten (10) feet of whatever boundary line of
the property abuts a road and shall be so placed as to be clearly visible from the road. If more
than one road abuts the property, then either: (1) a sign shall be erected in the same manner as
above for each abutting road; or (2) if the area of the property to be used if the application was
granted is confined to a particular portion of the property, a sign erected in the same manner as
above for the abutting road that is in closest proximity to, or would be impacted by, the proposed
use. If no road abuts the property, then signs shall be erected in the same manner as above on
at least two boundaries of the property abutting land not owned by the applicant in locations that
are most conspicuous to the public. The filing of the petition or application shall be deemed to
grant consent to the zoning administrator or designee to enter upon the property and to erect the
signs. Upon a finding by the board of supervisors that failure to comply with the posting
requirements of this section has denied the public reasonable notice of the public hearing, the
board may defer action on the petition or application until reasonable notice by posting is given.
(Amended 6-19-96; 10-3-01)
_______________
October 3, 2001 (Regular Day Meeting)
(Page 63)
Agenda Item No. 26. VACO Voting Credentials.
Mr. Tucker said for the 2001 Annual Business Meeting of the Virginia Association of Counties to be
held on Tuesday, November 13, the Board needs to designate a representative(s) to cast its vote(s).
Motion was offered by Mr. Bowerman, seconded by Mr. Dorrier, to appoint Ms. Humphris as its
voting representative and Ms. Thomas as the alternate. Roll was called, and the motion carried by the
following recorded vote;
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Ms. Humphris.
NAYS: None.
_______________
Agenda Item No. 17. Approval of Minutes: April 25, July 11, August 15 and September 12, 2001.
Mr. Dorrier had read July 11, 2001, pages 1 - 17 (ending at Item #11), and said they were in order.
Mr. Bowerman had read August 15, 2001, and found them to be in order.
Motion was offered by Mr. Dorrier, seconded by Mr. Bowerman, to approve the minutes which had
been read. Roll was called, and the motion carried by the following recorded vote:
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Ms. Humphris.
NAYS: None.
_______________
Agenda Item No. 20. Appointments.
Mr. Martin recommended the appointment of Mr. Mark Giles to the Workforce Investment Board to
replace Mr. Brian Carlson who had resigned. The term expires on June 3, 2003.
At the request of Ms. Thomas, Mr. Martin recommended the appointment of Ms. Norma A. Diehl to
the Rivanna Solid Waste Authority Citizens Advisory Committee to replace Ms. Jan Sprinkle; term to run
from January 1, 2002, to December 31, 2003.
Ms. Humphris recommended the reappointment Mr. Raymond E. Gaines to the Fire Prevention
Code of Appeals; new term to run from November 22, 2001, to November 21, 2006.
Mr. Dorrier recommended the reappointment of Mr. James E. Clark, Jr. to serve as the Scottsville
District representative on the Equalization Board; new term to run from January 1, 2002, to December 31,
2002.
Ms. Humphris recommended appointment of the following persons to the Historic Preservation
Committee: Mr. Garth Anderson, Ms. Jane R. Berkeley, Mr. Paul R. Brockman, Ms. Christine S. Devine,
Mr. Griffin W. Fernandez, Mr. Benjamin P. Ford, Ms. Jillian E. Galle, Mr. Charles E. Gay, Mr. William L.
Gordon, Jr., Mr. William C. Johnson, Mr. Robert McGinnis, Mr. Stephen T. McLean, Mr. Steven G. Meeks,
Mr. Louis P. Nelson, Mr. David B. Topper, Mr. Robert Vernon, Mr. Stuart G. Watterson, Mr. Robert F.
Watson and Mr. Robert S. Wilson.
Mr. Dorrier offered motion to make the above noted appointments. The motion was seconded by
Mr. Bowerman. Roll was called, and the motion carried by the following recorded vote:
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Ms. Humphris.
NAYS: None.
_______________
Agenda Item No. 27. From the Board: Matters Not Listed on the Agenda.
Ms. Humphris said she was surprised to see the press release from the Foxfield Association. She
thought they had agreed to meet with County officials before anything was put out to the public. Mr. Tucker
said he was also surprised.
Ms. Thomas said all left that meeting making it very clear that all would deal with each other face-
to-face, and not through the news media. The Foxfield people did meet with the police a couple of times.
But, the first the Board heard of what they are proposing was through a news release, sent first to the media
and later to the Board. Mr. Tucker said the Police were also not aware that they would be making a press
release.
Ms. Humphris said when she did not see anything in the press release about ABC agents, and a
whole new traffic pattern, she was confused. She thought that there would be more meetings before
sending out any information. Mr. Tucker said Police staff will continue to meet with them and negotiate, but
if they cannot come to a fair resolution, the full group will be reconvened again before the end of the year.
Ms. Humphris said there are many problems with what she read in the press release. She would like to
know the names of the members of the Foxfield Board.
Mr. Dorrier said he attended the race last weekend and it was very well done. Ms. Thomas said the
October 3, 2001 (Regular Day Meeting)
(Page 64)
Fall race does go well. Mr. Tucker said there were only about 5000 in attendance at this race. Mr. Martin
said the race in the Spring is the problem because it is a spring event for the college students.
__________
Ms. Humphris said Mr. Mark Graham wrote an excellent letter to the Department of Environmental
Quality (DEQ) about the permit for the Old Dominion Electric Company for a proposed power plant in
Louisa County. She said he did an excellent job in bringing up the fact that air quality is important, but it is
not the only thing to be considered in permitting. He notes the affects such a power plant could have on
Albemarle County.
__________
Ms. Thomas advised the Board that the Farm Tour will take place this Saturday. The Lewis and
Clark Festival is to take place on October 13. For adults and children, it will be a day full of activities.
__________
Ms. Thomas said that on October 20, the French Consulate and others from France will be planting
a tree at Claudius Crozet Park. All Board members are invited. After the tree planting, there is to be a
celebration at the home of the French novelist who is behind all of this, but she does not know how that will
be worked out.
__________
Ms. Thomas said she and Ms. Humphris represent Albemarle County on the Coalition of High
Growth Communities. That group has been meeting with the Virginians for Economic Prosperity (also
known as the "shelter industry" or developers). She said they may all get together to ask VDOT to change
some road standards the way that is recommended in the DISC report. Albemarle staff put together the
position paper which will be discussed all around the State, so they have done a great job. Locally, they are
dealing with VDOTs Local Resident Engineer, and may be able to work something out which works along
=
with DISC no matter what happens at the State level. She said the group also talked about stale zoning
A@
and whether zoning could have a time limit placed on it. Although that is a terrible word to developers, they
did sit at the table and discuss it without leaving in a huff. They are also interested in dealing with easier
development of brown fields and getting more funding for things that make growth expensive for local
government.
__________
Ms. Thomas said she represented the Board recently at the "United We Stand" meal for American
Red Cross disaster relief.
__________
Ms. Thomas asked if the Board has decided what to do about its January 2, 2002, meeting. Mr.
Tucker said the Clerk will make a recommendation soon. It may be possible to just begin the January 9
meeting a little earlier. If an at-large planning commissioner can be appointed, that would insure that the
Commission had a quorum. Then, the Board of Supervisors members who need to make appointments to
=
the Commission, could make their appointment later.
__________
Ms. Humphris mentioned a copy of a letter the Board received from a woman who was appreciative
of the assistance from the Victim Witness Coordinator and Police officers. She said it was a very touching
story. There is so much negative publicity about police officers, and to get a letter like this shows what great
officers are on staff. The public needs to know that as sad as this ladys story was, the County people gave
=
her the help she needed. Ms. Thomas said she gave her copy of the letter to Chief Miller because he had
not gotten a copy. Mr. Tucker advised Ms. Humphris that this was discussed at a previous meeting and the
letter has been acknowledged.
__________
At Mr. Dorrier's suggestion, the Board designated October 13, 2001, as Lewis and Clark Festival
Day. Motion to this effect was offered by Mr. Dorrier, seconded by Mr. Bowerman, and carried by the
following recorded vote:
AYES: Mr. Martin, Mr. Perkins, Ms. Thomas, Mr. Bowerman, Mr. Dorrier and Ms. Humphris.
NAYS: None.
(Note: A formal resolution concerning this request will be placed on the next Consent Agenda.)
_______________
Agenda Item No. 28. Adjourn. With no further business to come before the Board, the meeting
was adjourned at 3:10 p.m.
________________________________________
Chairman
Approved by the
Board of County
Supervisors
October 3, 2001 (Regular Day Meeting)
(Page 65)
Date: 06/19/2002
Initials: LAB