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5 <br /> <br />WHEREAS <br /> , pursuant to the Virginia Workers’ Compensation Act the City has a <br />lien against that portion of the employee’s settlement that is causally related to the costs <br />incurred as a result of the malpractice; and, <br /> <br />WHEREAS, <br /> the City remains obligated for the employee’s future medical costs, <br />disability payments and wage indemnity resulting from his accident; and, <br /> <br />WHEREAS, <br />based on the analysis of legal counsel and the City’s workers’ <br />compensation administrator it appears that the City’s future exposure for medical <br />expenses, disability and wage loss is equal to or greater than the maximum amount that <br />could be successfully asserted as its statutory lien; and, <br /> <br />WHEREAS, <br />the employee is willing to waive all claims for future benefits and <br />wage loss in return for the City’s waiver of its lien and right of subrogation. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED <br /> by the Council of the City of <br />Charlottesville, Virginia that it appearing to be in the best interests of the City, the <br />settlement resulting in the City’s waiver of its lien and right of subrogation, with no <br />further obligation for payments pursuant to the Virginia Workers’ Compensation Act, is <br />hereby approved, contingent on any required approvals by the Virginia Workers <br />Compensation Commission. <br /> <br />RESOLUTION <br />e. : Authorizing Brownfields Grant Application <br /> <br />WHEREAS <br /> , the City of Charlottesville has been asked to participate in an <br />application for a Brownfields grant ($2,000,000) and a HUD Section 108 Loan <br />($5,500,000) to assist in the environmental remediation of property off Water Street <br />Extended (Coal Tower site); and <br /> <br />WHEREAS <br /> , the loan application deadline is December 28, 2007, and the City is <br />required to be the applicant for Section 108 Loan; <br /> <br />NOW, THEREFORE, BE IT RESOLVED <br /> that the City Council of the City of <br />Charlottesville agrees to make application for a Section 108 Loan for the Coal Tower <br />project, and if approved, consider at a future meeting whether it is in the best interest of <br />the City to participate in this project. <br /> <br />PUBLIC HEARING/APPROPRIATION <br />: $761,200 – TECHNOLOGY FOR <br />SCHOOLS FROM FY 2007 SURPLUS <br /> <br /> Mr. Jim Henderson, Assistant Superintendent for Administrator for <br />Charlottesville Schools, explained that the funds will be used to purchase projectors, <br />interactive white boards, and will upgrade voice and data networks. <br /> <br /> Mr. Taliaferro asked where these improvements will place Charlottesville Schools <br />with regard to other area schools, and Mr. Henderson said they will get the schools to <br />where they need to be. <br /> <br /> Ms. Hamilton said technology is important, but it is also a moving target. She <br />asked how long the investment will last and will it be flexible enough to upgrade. <br /> <br /> Mr. Henderson said that the hardware will be flexible. <br /> <br /> The public hearing was opened. <br /> Ms. Colette Hall, 101 Robertson Lane, said she was unable to discern if the voice <br />and data refers to wireless internet. She said she would be worried about students with <br />laptops having access to the internet outside of the school building. <br /> <br /> As there were no further speakers the public hearing was closed. <br /> <br /> Ms. Hamilton said that security measures can prevent access to the internet. <br /> <br />