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Board of Supervisors Meeting of August 13, 2003
August 14, 2003
AGENDA ITEM/ACTION ASSIGNMENT
1. Call to Order.
• Meeting was called to Order at 6:00 p.m., by the Chairman, Mr.
Dorrier. All BOS members were present. Also present were
Tom Foley, Larry Davis, Wayne Cilimberg and Ella Carey.
4. From the Public: Matters Not Listed on the Agenda.
• There were none.
5.2 Approval of Appraisals from Year 2002-03 ACE applicants.
• APPROVED the five appraisals by Hallmark Properties for
applications from the year 2002-03 applicant pool.
Ches Goodall: Proceed as approved.
5.3 Adopt resolution approving filing of application to the Virginia
Public School Authority for a loan in a principal amount not to
exceed $7,205,000.
• ADOPTED Resolution, as requested by the School Board,
authorizing the County’s application to the Virginia Public
School Authority for $7,205,000 in bond revenues.
Clerk: Forward six original signed and sealed
copies to Melvin Breeden with copies to
appropriate individuals. (Attachment 1)
5.4 Authorize County Executive to sign revised lease with Lewis
and Clark Exploratory Center for portion of Towe Park.
• AUTHORIZED County Executive to sign revised lease, with
minor modifications as noted, on behalf of the County.
County Attorney’s office: Forward lease to County
Executive for signature and provide copy of signed
document to Clerk’s office for files.
5.5 Proclamation recognizing August 26, 2003 as Women’s
Equality Day.
• ADOPTED and presented to Kobby Hoffman, a representative
of NOW.
(Attachment 2)
5.6 Proclamation designating August 26 through August 31, 2003
as Albemarle County Fair Week.
• ADOPTED.
Clerk: Forward to Barbara Shifflett of the
Albemarle County Fair Board of Directors.
(Attachment 3)
5a. Adopt Resolution Approving Final Terms of Financing for 800
MHz Radio System.
• ADOPTED Resolution authorizing staff to approve the final
terms of the financing and authorizing the County Executive to
execute the necessary document.
Clerk: Forward signed resolution to Tom Hanson
with copies to County Executive’s staff.
(Attachment 5)
6. SP-2003-26. Clear Channel Broadcasting Amendment
(Signs #10&11).
• APPROVED SP-2003-26, by a vote of 4:2, subject to 9
conditions.
Clerk: Set out conditions of approval. (Attachment
4)
7. SP-2003-33. Orrock (Ntelos) (Sign #23).
• APPROVED SP-2003-33, by a vote of 6:0, subject to 22
conditions.
Clerk: Set out conditions of approval. (Attachment
4)
8. SP-2003-34. Wood (Triton PCS) (Sign #24).
• APPROVED SP-2003-34, by a vote of 6:0, subject to 13
conditions.
Clerk: Set out conditions of approval. (Attachment
4)
9. SP-2003-35. Jensen (Triton PCS) (Sign #25).
• APPROVED SP-2003-35, by a vote of 6:0, subject to 15
conditions.
Clerk: Set out conditions of approval. (Attachment
4)
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10. SP-2003-36. Orrock (Triton PCS) (Sign #28).
• APPROVED SP-2003-36, by a vote of 6:0, subject to 13
conditions.
Clerk: Set out conditions of approval. (Attachment
4)
11. SP-2003-37. Moyer (Triton PCS) (Sign #29).
• APPROVED SP-2003-37, by a vote of 6:0, subject to 15
conditions.
Clerk: Set out conditions of approval. (Attachment
4)
12. SP-2003-38. Sweeney (Triton PCS) (Sign #30).
• APPROVED SP-2003-38, by a vote of 6:0, subject to 14
conditions.
Clerk: Set out conditions of approval. (Attachment
4)
13. SP-2003-39. Winston (Triton PCS) (Signs # 33&36).
• APPROVED SP-2003-039, by a vote of 6:0, subject to 15
conditions.
Clerk: Set out conditions of approval. (Attachment
4)
14. SP-2003-40. Tomlin (Triton PCS) (Sign #40).
• APPROVED SP-2003-40, by a vote of 6:0, subject to 13
conditions.
Clerk: Set out conditions of approval. (Attachment
4)
15. SP-2003-45. American Tower LP (Shadwell) Amendment
(Signs #55&67).
• APPROVED SP-2003-45, by a vote of 6:0, on a request by the
applicant for relief from condition #2f of SP-01-38: “No building
permit shall be issued for a Nextel Partners antenna until a
written certification is obtained from the Emergency
Communications Center (ECC) that it will not unreasonably
interfere with the proposed ECC 800 mhz communications
system.” All remaining conditions of SP-01-38 shall remain in
effect.
16. ZMA-2001-15. Martha Jefferson Hospital @ Peter
Jefferson Place (Sign #85).
• APPROVED ZMA-2001-15, by a vote of 5:0 (Rooker
abstained), subject to the proffers as submitted and signed by
the applicants.
Clerk: Set out proffers. (Attachment 4)
17. SP-2001-56. Martha Jefferson Hospital @ Peter Jefferson
Place (Sign #89).
• APPROVED SP-2001-56, by a vote of 5:0 (Rooker abstained),
subject to 1 condition.
Clerk: Set out condition of approval. (Attachment
4)
18. SP-2001-57. Martha Jefferson Hospital @ Peter Jefferson
Place (Sign #85).
• APPROVED SP-2001-57, by a vote of 5:0 (Rooker abstained),
subject to 1 condition.
Clerk: Set out condition of approval. (Attachment
4)
20. From the Board: Matters Not Listed on the Agenda.
• Ms. Thomas and Mr. Bowerman complimented staff on the
County’s new website.
• Charles Martin said he may not be present for the Board’s
Strategic Planning Retreat on September 6th.
21. Adjourn.
• At 7:20 p.m., the meeting was adjourned.
/ewc
Attachment 1 – VPSA Resolution
Attachment 2 – Women’s Equality Day Proclamation
Attachment 3 – Albemarle County Fair Week Proclamation
Attachment 4 - Planning Conditions of Approval
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Attachment 5 – 800 MHz Radio Financing Resolution
Attachment 1
At a regular meeting of the Board of Supervisors of Albemarle County, Virginia, held on the 13th
day of August, 2003, at the time and place established by such Board for its regular meetings in
accordance with Section 15.2-1416 of the Code of Virginia of 1950, as amended, at which the following
members were present and absent during the voting for the resolution referred to below:
PRESENT: David P. Bowerman; Lindsay G. Dorrier, Jr.; Charles S. Martin
Walter F. Perkins; Dennis S. Rooker and Sally H. Thomas
ABSENT: None.
the following resolution was adopted by the affirmative roll call vote of a majority of all members of the
Board of Supervisors, the ayes and nays being recorded in the minutes of the meeting as shown below:
MEMBER VOTE
Mr. Bowerman Aye
Mr. Dorrier Aye
Mr. Martin Aye
Mr. Perkins Aye
Mr. Rooker Aye
Ms. Thomas Aye
RESOLUTION APPROVING THE FILING OF AN APPLICATION WITH
THE VIRGINIA PUBLIC SCHOOL AUTHORITY FOR A LOAN IN AN
APPROXIMATE PRINCIPAL AMOUNT OF $7,205,000
WHEREAS, the Board of Supervisors (the “Board”) of Albemarle County, Virginia (the “County”),
in collaboration with the Albemarle County School Board, has determined that it is necessary and
desirable for the County to undertake capital improvements for its public school system;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY,
VIRGINIA:
1. The Board hereby approves the filing of an application with the Virginia Public School
Authority for a loan to the County in an approximate principal amount of $7,205,000 to finance capital
improvements for its public school system. The County Executive, in collaboration with the other officers
of the County and the Albemarle County School Board, is hereby authorized and directed to complete an
application and deliver it to the Virginia Public School Authority.
2. This resolution shall take effect immediately.
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Attachment 2
WOMEN’S EQUALITY DAY
WHEREAS, many decades of efforts by women and men were required to give women the right to
vote; and
WHEREAS, citizens must always be willing to work to assure that the laws and policies in the
Commonwealth of Virginia, the United States of America, and this County do not unjustly
discriminate against females, and any other group; and
WHEREAS, unjust treatment based on views of inequality is often subtle; and
WHEREAS, it is appropriate for this County to recognize a day that commemorates the passage of
the 19th Amendment to the Constitution of the United States, the amendment that gave
the right of suffrage to American women;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Albemarle
County, Virginia, does hereby proclaim
August 26, 2003
as
WOMEN'S EQUALITY DAY
in remembrance of all those women and men who have worked to develop a more
equitable community that acknowledges both the real similarities and the important
differences between women and men; and
BE IT FURTHER RESOLVED that the Board of Supervisors urges all citizens to eliminate
all unjust discrimination and prejudice against women, and ensure equality of rights,
privileges, and responsibilities for all women and men.
Signed and sealed this 13th day of August, 2003.
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Attachment 3
ALBEMARLE COUNTY FAIR WEEK
WHEREAS, for the past 22 years, the Albemarle County Fair has entertained tens of thousands
of guests during its annual production; and
WHEREAS, the Albemarle County Fair is unique in many ways, founded by a group of
community spirited people who wanted something special for their neighbors and
friends to enjoy and enrich their lives. The theme has always emphasized the
County's agricultural and forestal heritage; and
WHEREAS, the Albemarle County Fair is a non-profit corporation operated by dedicated
volunteers, officers and directors; and
WHEREAS, the Albemarle County Fair offers an atmosphere conducive to families and their
children. A friendly, safe, carefree atmosphere is the hallmark of the event.
Unique in the state in that all food and drink is sold by local non-profit
organizations as an opportunity for them to raise monies for their worthwhile
programs; and
WHEREAS, the Albemarle County Fair supports agricultural and rural lifestyles, offers exhibits
of home-art skills, crops, large livestock, small livestock and poultry, with
competitions in livestock and numerous other farm skills, and nightly
entertainment for all to enjoy;
NOW, THEREFORE, I, Lindsay G. Dorrier, Jr., Chairman, on behalf of the Albemarle
Board of County Supervisors, do hereby proclaim the week of
AUGUST 26, 2003 THROUGH AUGUST 31, 2003
as
ALBEMARLE COUNTY FAIR WEEK
and urge all citizens to actively participate in the scheduled activities and
programs sponsored and supported by the more than 250 local volunteers, public
and area businesses.
5
Attachment 4
CONDITIONS OF APPROVAL
Agenda Item No. 6. SP-2003-26. Clear Channel Broadcasting Amendment (Signs #10&11).
Public hearing on a request to allow co-location of an array of 9 add'l antennas at approx 155 feet on
existing 180-foot tall lattice tower, with 3 add'l ground equipment cabinets, in accord w/Sec 10.2.2.6 of the
Zoning Ord. TM 46, P 15, contains approx 10.31 acs. Znd RA. Loc W of Rt 29 N on Rt 643 (Rio Mills Rd),
approx 1/2-mile N of S Fork of the Rivanna River. Rio Dist.
1. All work shall be done in general accord with that described in the applicant’s request and site
construction plans, entitled “Omnipoint (ATC-Charlottesville)”, last revised on February 5, 2003;
2. The tower shall not be increased in height;
3. The additional array of panel antennas may be attached only as follows:
a. All equipment attached to the tower shall be painted to match the color of the tower. The
cables extending from the ground equipment may remain black;
b. The antennas shall not exceed seven (7) feet in height and two (2) feet in width;
c. The antennas shall be set at the minimum distance that is allowed by the mounting
equipment, and in no case shall any of the new antennas project from the structure to a
distance that is greater than that of the existing antennas; and
d. The antennas and dishes attached to this tower may be replaced administratively,
provided that the sizing, mounting distances and heights of the replacement equipment
are in compliance with these conditions of approval and in accordance with all applicable
regulations set forth in Section 5.1.40 of the Zoning Ordinance. The note on page C-2 of
the construction plans, which implies that the size and height of the antennas may be
adjusted to meet RF requirements, shall be deleted from the construction drawings or
amended to remove this consideration for size and height.
4. With the exception of any safety lighting required by Federal Aviation Administration regulations,
outdoor lighting shall be permitted only during maintenance periods; regardless of the lumens
emitted, each outdoor luminaire that is not required for safety shall be fully shielded as required
by Section 4.17 of the Zoning Ordinance;
5. The current owner and any subsequent owners of the tower and its supporting facilities shall
submit a report to the Zoning Administrator by July 1 of each year. The report shall identify each
personal wireless service provider that uses the facility, including a drawing indicating which
equipment, on both the tower and the ground, are associated with each provider;
6. All equipment and antennae from any individual personal wireless service provider shall be
disassembled and removed from the site within ninety (90) days of the date its use is
discontinued. The entire facility shall be disassembled and removed from the site within ninety
(90) days of the date its use for personal wireless service purposes is discontinued. If the Zoning
Administrator determines at any time that surety is required to guarantee that the facility will be
removed as required, the permittee shall furnish to the Zoning Administrator a certified check, a
bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, in an
amount sufficient for, and conditioned upon, the removal of the facility. The type of surety
guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney;
7. The tower shall be limited to a total of four (4) vertical arrays of panel antennas. No additional
relay, satellite or microwave dish antennas shall be permitted on the tower without an amendment
of this special use permit;
8. This special use permit must be amended to allow either of the two existing arrays of panel
antennas to be:
a. relocated on the structure;
b. modified to increase the number or size of panel antennas; or,
c. modified to increase the distance of the panel antennas from the structure.
9. No existing trees within two hundred (200) feet of the facility shall be removed for the purpose of
installing the proposed antennas or any supporting ground equipment. Should any of the trees
within two hundred (200) feet of the tower be removed for the purpose of creating a public or
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private right-of-way, the party or company holding the tower in ownership shall install trees to
adequately screen the facility’s ground equipment from adjacent properties and roadways.
__________
Agenda Item No. 7. SP-2003-33. Orrock (Ntelos) (Sign #23). Public hearing on a request for
an extension of the period of validity for an existing SUP that was approved to allow installation of
personal wireless service fac w/95-foot tall steel monopole & related ground equipment, in accord w/Sec
10.2.2.6 of the Zoning Ord. TM 92, P 5, contains approx 15.61 acs. Loc off of Rt 53, approx 1/8 mile W of
intersec w/Rt 732 (Milton Rd). Znd RA&EC. Scottsville Dist.
The facility shall be designed, constructed and maintained as follows:
1. With the exception of any minor changes that would be required in order to comply with the
conditions listed herein, the facility including the pole, the ground equipment building, and any
antennas shall be sized, located and built in general accord with the application plan entitled,
“Orrock (CV 327)”, and dated July 12, 2003;
2. The total pole height shall include any base, foundation or grading that raises the pole above the
pre-existing, natural ground elevation;
3. The diameter of the pole shall not exceed thirty-six (36) inches at its base, and twenty (20) inches
at the top;
4. The top of the pole, as measured Above Sea Level (ASL), shall never exceed seven (7) feet
above the top of the to of the tallest tree within twenty-five (25) feet. This condition currently
refers to the eighty-nine (89)-foot tall tree, which is identified as number thirty-seven (37) in the
construction plans. In no case shall the pole exceed ninety-five (95) feet in total height without
prior approval of an amendment to this special use permit or personal wireless facility permit;
5. If the tree identified as number thirty-seven (37) dies, or is removed or damaged beyond any
reasonable form of remedy that can be recommended by a certified arborist, the maximum pole
height shall either be reduced to meet the limitations set in condition number 4, or an amendment
to this special use permit shall be filed within ninety (90) days;
6. The monopole shall be painted a natural brown that is consistent with the color of the bark of
trees surrounding the site;
7. The ground equipment cabinets, antennas, concrete pad and all equipment attached to the pole
shall be the same color as the pole and shall be no larger than the specifications set forth in the
application plans;
8. Only flush-mounted antennas shall be permitted. No antennas that project out from the pole
beyond the minimum required by the support structure shall be permitted. However, in no case
shall the distance between the face of the pole and the faces of the antennas be more than
twelve (12) inches;
9. No satellite or microwave dishes shall be permitted on the monopole;
10. No antennas or equipment, with the exception of a grounding rod, shall be located above the top
of the pole;
11. No guy wires shall be permitted;
12. No lighting shall be permitted on the site or on the pole, except as herein provided. Outdoor
lighting shall be limited to periods of maintenance only. Each outdoor luminaire shall be fully
shielded such that all light emitted is projected below a horizontal plane running though the lowest
par of the shield or shielding part of the luminaire. For the purposes of this condition, a luminaire
is a complete lighting unit consisting of a lamp or lamps together with the parts designed to
distribute the light, to position and protect the lamps, and to connect the lamps to the power
supply; and
13. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease
area shall not be permitted.
Prior to the issuance of a building permit the following must be met:
14. Certification by a registered surveyor stating the height of the reference tree that has been used
to justify the height of the monopole shall be provided to the Zoning Administrator;
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15. Prior to beginning construction or installation of the pole, the equipment cabinets or vehicular or
utility access, an amended tree conservation plan, developed by a certified arborist shall be
submitted to the Zoning Administrator for approval. The plan shall specify tree protection
methods and procedures, and identify any existing trees to be removed on the site - both inside
and outside the access easement and lease area. All construction or installation associated with
the pole and equipment pad, including necessary access for construction or installation, shall be
in accordance with this tree conservation plan. Except for the tree removal expressly authorized
by the Director of Planning and Community Development, the permittee shall not remove existing
trees within two hundred (200) feet of the pole and equipment pad. A special use permit
amendment shall be required for any future tree removal within the two hundred (200) foot buffer,
after the installation of the subject facility; and
16. With the Building Permit Application, the applicant shall submit the final revised set of site
construction drawings for the facility. During the application review, Planning staff shall review
the revised plans to ensure that all appropriate conditions of the special use permit have been
addressed.
After the completion of the pole installation and prior to the issuance of a Certificate of Occupancy or to
any facility operation, the following shall be met:
17. Certification by a registered surveyor stating the height of the pole, measured both in feet above
ground level and in elevation above sea-level (ASL) using the benchmarks or reference datum
identified in the application, shall be provided to the Zoning Administrator;
18. Certification confirming that the grounding rod:
a) height does not exceed two (2) feet above the tower; and
b) width does not exceed a diameter of one (1) inch, shall be provided to the Zoning
Administrator; and
19. No slopes associated with construction of the facility shall be created that are steeper than 2:1
unless retaining walls, revetments, or other stabilization measures acceptable to the County
Engineer are employed.
After the completion of the pole installation and issuance of a Certificate of Occupancy, the following
shall be met:
20. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning
Administrator by July 1 of each year. The report shall identify each personal wireless service
provider that uses the facility, including a drawing indicating which equipment on both the tower
and the ground are associated with each provider;
21. The applicant, or any subsequent owners of the facility shall submit a report detailing the health
and stability of the tallest tree within twenty-five (25) feet of the monopole, prepared by a certified
arborist, to the Zoning Administrator by July 1 in the years of 2006 and 2009. Within ninety (90)
days of submitting those reports, the owner shall be responsible for performing any additional tree
conservation and protection techniques as recommended by the arborist and approved by the
Zoning Administrator; and
22. All equipment and antennae from any individual personal wireless service provider shall be
disassembled and removed from the site within ninety (90) days of the date its use is
discontinued. The entire facility shall be disassembled and removed from the site within ninety
(90) days of the date its use for personal wireless service purposes is discontinued. If the Zoning
Administrator determines at any time that surety is required to guarantee that the facility will be
removed as required, the permittee shall furnish to the Zoning Administrator a certified check, a
bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, in an
amount sufficient for, and conditioned upon, the removal of the facility. The type of surety
guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney.
__________
Agenda Item No. 8. SP-2003-34. Wood (Triton PCS) (Sign #24). Public hearing on a request
to allow installation of new ground equipment supporting new digital technology, E-911 services &
replacement of antennas at an existing personal wireless services facility, in accord w/Sec 10.2.2.6 of the
8
Zoning Ord. TM 88, P 26, contains approx 71.34 acs. Loc on Rt 745 (Arrowhead Valley Rd), just E of Rt
29 S. Znd RA&EC. Samuel Miller Dist.
The facility shall be designed, constructed and maintained as follows:
1. The ground equipment, including the concrete pad, shall be sized, located and maintained in
general accord with the plans entitled, “Wood-Arrowhead (Triton PCS)”, last revised April 21,
2003 and provided with Attachment A in the July 22, 2003 staff report. Panel antennas shall not
exceed five (5) feet in height and one (1)-foot in width;
2. The height and size of the monopole shall not be increased for the purpose of replacing the
antennas. The monopole shall never exceed six (6) feet above the tallest tree within twenty-five
(25) feet, as measured Above Sea Level (ASL), and shall be sized as originally approved with
special use permit SP-01-03;
3. All ground equipment, antennas, equipment pads, external wires and equipment shall be a color
that closely matches that of the existing pole and ground equipment;
4. Only flush-mounted antennas shall be permitted. No antennas that project out from the pole
beyond the minimum required by the support structure, shall be permitted. However, in no case
shall the distance between the face of the pole and the faces of the antennas be more than
twelve (12) inches;
5. No satellite or microwave dishes shall be permitted on the monopole;
6. No antennas or equipment, with the exception of a grounding rod, shall be located above the top
of the pole;
7. No guy wires shall be permitted;
8. No lighting shall be permitted on the site or on the pole, except as herein provided. Outdoor
lighting shall be limited to periods of maintenance only. Each outdoor luminaire shall be fully
shielded such that all light emitted is projected below a horizontal plane running through the
lowest part of the shield or shielding part of the luminaire. For the purposes of this condition, a
luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts
designed to distribute the light, to position and protect the lamps, and to connect the lamps to the
power supply; and
9. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease
area shall not be permitted except as provided by the existing livestock fencing shown on the
plan.
Prior to the issuance of a building permit, the following requirements shall be met:
10. Submittal of a statement that no tree removal is necessary or a tree conservation plan, developed
by a certified arborist, to the Director of Planning and Community Development for approval. The
plan shall specify tree protection methods and procedures, and identify any existing trees to be
removed on the site - both inside and outside the access easement and lease area. All
construction or installation associated with the pole and equipment pad, including necessary
access for construction or installation, shall be in accordance with this tree conservation plan.
Except for the tree removal expressly authorized by the Director of Planning and Community
Development, the permittee shall not remove existing trees within one thousand (1,000) feet of
the pole and equipment pad. A special use permit amendment shall be required for any future
tree removal within two hundred (200) feet of the facility site, after the installation of the subject
facility and
11. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease
area shall not be permitted.
After the issuance of a Certificate of Occupancy, the following requirements shall be met:
12. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning
Administrator by July 1 of each year. The report shall identify each personal wireless service
provider that uses the facility, including a drawing indicating which equipment, on both the tower
and the ground, are associated with each provider and
13. All equipment and antennae from any individual personal wireless service provider shall be
disassembled and removed from the site within ninety (90) days of the date its use is
9
discontinued. The entire facility shall be disassembled and removed from the site within ninety
(90) days of the date its use for personal wireless service purposes is discontinued. If the Zoning
Administrator determines at any time that surety is required to guarantee that the facility will be
removed as required, the permittee shall furnish to the Zoning Administrator a certified check, a
bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, in an
amount sufficient for, and conditioned upon, the removal of the facility. The type of surety
guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney.
__________
Agenda Item No. 9. SP-2003-35. Jensen (Triton PCS) (Sign #25). Public hearing on a request
to allow installation of new ground equipment supporting new digital technology, E-911 services &
replacement of antennas at an existing personal wireless services facility, in accord w/Sec 10.2.2.6 of the
Zoning Ord. TM 62, P 91, contains 3.01 acs. Loc on Rt. 20 (Stony Point Rd), approx 3 miles from the
intersection of Rt 250 & Rt 20. Znd RA&EC. Rivanna Dist.
The facility shall be designed, constructed and maintained as follows:
1. The ground equipment, including the concrete pad, shall be sized, located and maintained in
general accord with the plans entitled, “Jensen (Triton PCS)”, last revised April 15, 2003 and
provided with Attachment B in the July 22, 2003 staff report. Panel antennas shall not exceed
five (5) feet in height and one (1) foot in width;
2. The height and size of the monopole shall not be increased for the purpose of replacing the
antennas. The monopole shall never exceed sixty-nine (69) feet in height, and shall be sized as
originally approved with special use permit SP 01-05;
3. All ground equipment, antennas, equipment pads, external wires and equipment shall be a color
that closely matches that of the existing pole and ground equipment;
4. Only flush-mounted antennas shall be permitted. No antennas that project out from the pole
beyond the minimum required by the support structure, shall be permitted. However, in no case
shall the distance between the face of the pole and the faces of the antennas be more than
twelve ((12) inches;
5. No satellite or microwave dishes shall be permitted on the monopole;
6. No antennas or equipment, with the exception of a grounding rod, shall be located above the top
of the pole;
7. No guy wires shall be permitted;
8. No lighting shall be permitted on the site or on the pole, except as herein provided. Outdoor
lighting shall be limited to periods of maintenance only. Each outdoor luminaire shall be fully
shielded such that all light emitted is projected below a horizontal plane running through the
lowest part of the shield or shielding part of the luminaire. For the purposes of this condition, a
luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts
designed to distribute the light, to position and protect the lamps, and to connect the lamps to the
power supply; and
9. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease
area shall not be permitted.
Prior to the issuance of a building permit, the following requirements shall be met:
10. Submittal of a statement that no tree removal is necessary or a tree conservation plan, developed
by a certified arborist, to the Director of Planning and Community Development for approval. The
plan shall specify tree protection methods and procedures, and identify any existing trees to be
removed on the site - both inside and outside the access easement and lease area. All
construction or installation associated with the pole and equipment pad, including necessary
access for construction or installation, shall be in accordance with this tree conservation plan.
Except for the tree removal expressly authorized by the Director of Planning and Community
Development, the permittee shall not remove existing trees within two hundred (200) feet of the
pole and equipment pad. A special use permit amendment shall be required for any future tree
removal within the two hundred (200) foot buffer, after the installation of the subject facility; and
10
11. The antenna details entitled “tri-bracket mount plan” and “isometric tri-bracket mount plan” on
Page C-5 of the construction plans shall be revised to demonstrate that the antennas will be
flush-mounted as defined with condition number four (4) of this special use permit.
After the issuance of a Certificate of Occupancy, the following requirements shall be met:
12. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning
Administrator by July 1 of each year. The report shall identify each personal wireless service
provider that uses the facility, including a drawing indicating which equipment, on both the tower
and the ground, are associated with each provider;
13. All equipment and antennae from any individual personal wireless service provider shall be
disassembled and removed from the site within ninety (90) days of the date its use is
discontinued. The entire facility shall be disassembled and removed from the site within ninety
(90) days of the date its use for personal wireless service purposes is discontinued. If the Zoning
Administrator determines at any time that surety is required to guarantee that the facility will be
removed as required, the permittee shall furnish to the Zoning Administrator a certified check, a
bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, in an
amount sufficient for, and conditioned upon, the removal of the facility. The type of surety
guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney;
14. No trees or significant vegetation shall be removed from the area bounded by the access
easement from State Route 20 to the facility site, the utility easement across Parcels 89 and 91,
the westernmost boundary of Parcel 91, and property lines of Parcels 89 and 91 along Route 20.
The area subject to this condition was originally addressed specifically with the approval of
special use permit SP 01-05 and is shown on page C-1 of the latest revised plans entitled,
“Jensen (Triton PCS)”, last revised April 15, 2003; and
15. The trimming, cutting, or removal of the eighty-eight (88) foot tall tree located five hundred and
eighty-five (585) feet from the monopole, as identified on the attached plan Page SP-2, date
stamped May 10, 2001, from the originally approved special use permit (SP 01-05) plan entitled
Jensen, is prohibited. Any occurrence that destroys or reduces the height or volume of the tree
shall constitute grounds for the Board of Supervisors to void the special use permit if it
determines that the change in condition of the trees requires a modification of the facility to
mitigate its visibility.
__________
Agenda Item No. 10. SP-2003-36. Orrock (Triton PCS) (Sign #28). Public hearing on a
request to allow installation of new ground equipment supporting new digital technology, E-911 services &
the replacement of antennas at an existing personal wireless services facility, in accord w/Sec 10.2.2.6 of
the Zoning Ord. TM 92, P 5, contains approx 15.61 acs. Loc off of St Rt 53, approx 1/8 mile W of the
intersec w/Rt 732 (Milton Rd). Znd RA&EC. Scottsville Dist.
The facility shall be designed, constructed and maintained as follows:
1. The ground equipment, including the concrete pad, shall be sized, located and maintained in
general accord with the plans entitled, “Orrock (Triton PCS)”, last revised April 15, 2003 and
provided with Attachment C in the July 22, 2003 staff report. Panel antennas shall not exceed
five (5) feet in height and one (1) foot in width;
2. The height and size of the monopole shall not be increased for the purpose of replacing the
antennas. The monopole shall never exceed eighty (80) feet in height, and shall be sized as
originally approved with special use permit SP 00-77;
3. All ground equipment, antennas, equipment pads, external wires and equipment shall be a color
that closely matches that of the existing pole and ground equipment;
4. Only flush-mounted antennas shall be permitted. No antennas that project out from the pole
beyond the minimum required by the support structure shall be permitted. However, in no case
shall the distance between the face of the pole and the faces of the antennas be more than
twelve (12) inches;
5. No satellite or microwave dishes shall be permitted on the monopole;
6. No antennas or equipment, with the exception of a grounding rod, shall be located above the top
11
of the pole;
7. No guy wires shall be permitted;
8. No lighting shall be permitted on the site or on the pole, except as herein provided. Outdoor
lighting shall be limited to periods of maintenance only. Each outdoor luminaire shall be fully
shielded such that all light emitted is projected below a horizontal plane running through the
lowest part of the shield or shielding part of the luminaire. For the purposes of this condition, a
luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts
designed to distribute the light, to position and protect the lamps, and to connect the lamps to the
power supply; and
9. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease
area shall not be permitted.
Prior to the issuance of a building permit, the following requirements shall be met:
10. Submittal of a statement that no tree removal is necessary or a tree conservation plan, developed
by a certified arborist, to the Director of Planning and Community Development for approval. The
plan shall specify tree protection methods and procedures, and identify any existing trees to be
removed on the site - both inside and outside the access easement and lease area. All
construction or installation associated with the pole and equipment pad, including necessary
access for construction or installation, shall be in accordance with this tree conservation plan.
Except for the tree removal expressly authorized by the Director of Planning and Community
Development, the permittee shall not remove existing trees within two hundred (200) feet of the
pole and equipment pad. A special use permit amendment shall be required for any future tree
removal within the two hundred (200) foot buffer, after the installation of the subject facility; and
11. The antenna details entitled “tri-bracket mount plan” and “isometric tri-bracket mount plan” on
Page C-5 of the construction plans shall be revised to demonstrate that the antennas will be
flush-mounted as defined with condition number four (4) of this special use permit.
After the issuance of a Certificate of Occupancy, the following requirements shall be met:
12. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning
Administrator by July 1 of each year. The report shall identify each personal wireless service
provider that uses the facility, including a drawing indicating which equipment, on both the tower
and the ground, are associated with each provider; and
13. All equipment and antennae from any individual personal wireless service provider shall be
disassembled and removed from the site within ninety (90) days of the date its use is
discontinued. The entire facility shall be disassembled and removed from the site within ninety
(90) days of the date its use for personal wireless service purposes is discontinued. If the Zoning
Administrator determines at any time that surety is required to guarantee that the facility will be
removed as required, the permittee shall furnish to the Zoning Administrator a certified check, a
bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, in an
amount sufficient for, and conditioned upon, the removal of the facility. The type of surety
guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney.
__________
Agenda Item No. 11. SP-2003-37. Moyer (Triton PCS) (Sign #29). Public hearing on a
request to allow installation of new ground equipment supporting new digital technology, E-911 services &
the replacement of antennas at an existing personal wireless services facility, in accord w/Sec 10.2.2.6 of
the Zoning Ord. TM 92, P 56B3. Loc on Rt 53 (1863 Thomas Jefferson Pkway), between Gobblers
Ridge & Mountain Brook Dr. Znd RA&EC. Scottsville Dist.
The facility shall be designed, constructed and maintained as follows:
1. The ground equipment, including the concrete pad, shall be sized, located and maintained in
general accord with the plans entitled, “Wentworth Farm (Triton PCS)”, last revised April 15, 2003
and provided with Attachment D in the July 22, 2003 staff report. Panel antennas shall not
exceed five (5) feet in height and one (1) foot in width;
12
2. The height and size of the monopole shall not be increased for the purpose of replacing the
antennas. The monopole shall never exceed seven (7) feet above the tallest tree within twenty-
five (25) feet, as measured Above Sea Level (ASL), and shall be sized as originally approved with
special use permit SP 00-44;
3. All ground equipment, antennas, equipment pads, external wires and equipment shall be a color
that closely matches that of the existing pole and ground equipment;
4. Only flush-mounted antennas shall be permitted. No antennas that project out from the pole
beyond the minimum required by the support structure shall be permitted. However, in no case
shall the distance between the face of the pole and the faces of the antennas be more than
twelve (12) inches;
5. No satellite or microwave dishes shall be permitted on the monopole;
6. No antennas or equipment, with the exception of a grounding rod, shall be located above the top
of the pole;
7. No guy wires shall be permitted;
8. No lighting shall be permitted on the site or on the pole, except as herein provided. Outdoor
lighting shall be limited to periods of maintenance only. Each outdoor luminaire shall be fully
shielded such that all light emitted is projected below a horizontal plane running through the
lowest part of the shield or shielding part of the luminaire. For the purposes of this condition, a
luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts
designed to distribute the light, to position and protect the lamps, and to connect the lamps to the
power supply; and
9. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease
area shall not be permitted.
Prior to the issuance of a building permit, the following requirements shall be met:
10. Submittal of a statement that no tree removal is necessary or a tree conservation plan, developed
by a certified arborist, to the Director of Planning and Community Development for approval. The
plan shall specify tree protection methods and procedures, and identify any existing trees to be
removed on the site - both inside and outside the access easement and lease area. All
construction or installation associated with the pole and equipment pad, including necessary
access for construction or installation, shall be in accordance with this tree conservation plan.
Except for the tree removal expressly authorized by the Director of Planning and Community
Development, the permittee shall not remove existing trees within two hundred (200) feet of the
pole and equipment pad. A special use permit amendment shall be required for any future tree
removal within the two hundred (200) foot buffer, after the installation of the subject facility;
11. The antenna details entitled “tri-bracket mount plan” and “isometric tri-bracket mount plan” on
Page C-5 of the construction plans shall be revised to demonstrate that the antennas will be
flush-mounted as defined with condition number four (4) of this special use permit;
12. The “new tower elevation” on Page C-3 of the construction plans shall be revised to show that the
no portion of antennas will extend above the tallest portion of the monopole in accordance with
condition number six (6) of this special use permit; and
13. The title and heading on the construction plans for this application shall be revised to include the
property owner’s name.
After the issuance of a Certificate of Occupancy, the following requirements shall be met:
14. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning
Administrator by July 1 of each year. The report shall identify each personal wireless service
provider that uses the facility, including a drawing indicating which equipment, on both the tower
and the ground, are associated with each provider; and
15. All equipment and antennae from any individual personal wireless service provider shall be
disassembled and removed from the site within ninety (90) days of the date its use is
discontinued. The entire facility shall be disassembled and removed from the site within ninety
(90) days of the date its use for personal wireless service purposes is discontinued. If the Zoning
Administrator determines at any time that surety is required to guarantee that the facility will be
removed as required, the permittee shall furnish to the Zoning Administrator a certified check, a
13
bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, in an
amount sufficient for, and conditioned upon, the removal of the facility. The type of surety
guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney.
__________
Agenda Item No. 12. SP-2003-38. Sweeney (Triton PCS) (Sign #30). Public hearing on a
request to allow installation of new ground equipment supporting new digital technology, E-911 services &
the replacement of antennas at an existing personal wireless services facility, in accord w/Sec 10.2.2.6 of
the Zoning Ord. TM 94, P 17. Loc on Rt 53 (2670 Thomas Jefferson Pkway), E of St Rt 729. Znd
RA&EC. Scottsville Dist.
The facility shall be designed, constructed and maintained as follows:
1. The ground equipment, including the concrete pad, shall be sized, located and maintained in
general accord with the plans entitled, “Carroll Creek (Triton PCS)”, last revised April 15, 2003
and provided with Attachment A in the July 22, 2003 staff report. Panel antennas shall not
exceed five (5) feet in height and one (1) foot in width;
2. The height and size of the monopole shall not be increased for the purpose of replacing the
antennas. The monopole shall never exceed six (6) feet above the tallest tree within twenty-five
(25) feet, as measured Above Sea Level (ASL), and shall be sized as originally approved with
special use permit SP 00-45;
3. All ground equipment, antennas, equipment pads, external wires and equipment shall be a color
that closely matches that of the existing pole and ground equipment;
4. Only flush-mounted antennas shall be permitted. No antennas that project out from the pole
beyond the minimum required by the support structure shall be permitted. However, in no case
shall the distance between the face of the pole and the faces of the antennas be more than
twelve (12) inches;
5. No satellite or microwave dishes shall be permitted on the monopole;
6. No antennas or equipment, with the exception of a grounding rod, shall be located above the top
of the pole;
7. No guy wires shall be permitted;
8. No lighting shall be permitted on the site or on the pole, except as herein provided. Outdoor
lighting shall be limited to periods of maintenance only. Each outdoor luminaire shall be fully
shielded such that all light emitted is projected below a horizontal plane running through the
lowest part of the shield or shielding part of the luminaire. For the purposes of this condition, a
luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts
designed to distribute the light, to position and protect the lamps, and to connect the lamps to the
power supply; and
9. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease
area shall not be permitted.
Prior to the issuance of a building permit, the following requirements shall be met:
10. Submittal of a statement that no tree removal is necessary or a tree conservation plan, developed
by a certified arborist, to the Director of Planning and Community Development for approval. The
plan shall specify tree protection methods and procedures, and identify any existing trees to be
removed on the site - both inside and outside the access easement and lease area. All
construction or installation associated with the pole and equipment pad, including necessary
access for construction or installation, shall be in accordance with this tree conservation plan.
Except for the tree removal expressly authorized by the Director of Planning and Community
Development, the permittee shall not remove existing trees within two hundred (200) feet of the
pole and equipment pad. A special use permit amendment shall be required for any future tree
removal within the two hundred (200) foot buffer, after the installation of the subject facility;
11. The “new tower elevation” on Page C-3 of the construction plans shall be revised to show that the
no portion of antennas will extend above the tallest portion of the monopole in accordance with
condition number six (6) of this special use permit; and
14
12. The title and heading on the construction plans for this application shall be revised to include the
property owner’s name.
After the issuance of a Certificate of Occupancy, the following requirements shall be met:
13. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning
Administrator by July 1 of each year. The report shall identify each personal wireless service
provider that uses the facility, including a drawing indicating which equipment, on both the tower
and the ground, are associated with each provider; and
14. All equipment and antennae from any individual personal wireless service provider shall be
disassembled and removed from the site within ninety (90) days of the date its use is
discontinued. The entire facility shall be disassembled and removed from the site within ninety
(90) days of the date its use for personal wireless service purposes is discontinued. If the Zoning
Administrator determines at any time that surety is required to guarantee that the facility will be
removed as required, the permittee shall furnish to the Zoning Administrator a certified check, a
bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, in an
amount sufficient for, and conditioned upon, the removal of the facility. The type of surety
guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney.
__________
Agenda Item No. 13. SP-2003-39. Winston (Triton PCS) (Signs # 33&36). Public hearing on a
request to allow installation of new ground equipment supporting new digital technology, E-911 services &
the replacement of antennas at an existing personal wireless services facility, in accord w/Sec 10.2.2.6 of
the Zoning Ord. TM 106, P 7. Loc on the N side of Rt 53 (Thomas Jefferson Pkway) approx 2,000 feet
from the Fluvanna County Line. Znd RA&. Scottsville Dist.
The facility shall be designed, constructed and maintained as follows:
1. The ground equipment, including the concrete pad, shall be sized, located and maintained in
general accord with the plans entitled, “Snow Hill (Triton PCS)”, last revised April 16, 2003 and
provided with Attachment A in the July 22, 2003 staff report. Panel antennas shall not exceed
five (5) feet in height and one (1) foot in width;
2. The height and size of the monopole shall not be increased for the purpose of replacing the
antennas. The monopole shall never exceed seven (7) feet above the tallest tree within twenty-
five (25) feet, as measured Above Sea Level (ASL), and shall be sized as originally approved with
special use permit SP 00-46;
3. All ground equipment, antennas, equipment pads, external wires and equipment shall be a color
that closely matches that of the existing pole and ground equipment;
4. Only flush-mounted antennas shall be permitted. No antennas that project out from the pole
beyond the minimum required by the support structure, shall be permitted. However, in no case
shall the distance between the face of the pole and the faces of the antennas be more than
twelve (12) inches;
5. No satellite or microwave dishes shall be permitted on the monopole;
6. No antennas or equipment, with the exception of a grounding rod, shall be located above the top
of the pole;
7. No guy wires shall be permitted;
8. No lighting shall be permitted on the site or on the pole, except as herein provided. Outdoor
lighting shall be limited to periods of maintenance only. Each outdoor luminaire shall be fully
shielded such that all light emitted is projected below a horizontal plane running through the
lowest part of the shield or shielding part of the luminaire. For the purposes of this condition, a
luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts
designed to distribute the light, to position and protect the lamps, and to connect the lamps to the
power supply; and
9. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease
area shall not be permitted.
Prior to the issuance of a building permit, the following requirements shall be met:
15
10. Submittal of a statement that no tree removal is necessary or a tree conservation plan, developed
by a certified arborist, to the Director of Planning and Community Development for approval. The
plan shall specify tree protection methods and procedures, and identify any existing trees to be
removed on the site - both inside and outside the access easement and lease area. All
construction or installation associated with the pole and equipment pad, including necessary
access for construction or installation, shall be in accordance with this tree conservation plan.
Except for the tree removal expressly authorized by the Director of Planning and Community
Development, the permittee shall not remove existing trees within two hundred (200) feet of the
pole and equipment pad. A special use permit amendment shall be required for any future tree
removal within the two hundred (200) foot buffer, after the installation of the subject facility;
11. The antenna details entitled “tri-bracket mount plan” and “isometric tri-bracket mount plan” on
Page C-5 of the construction plans shall be revised to demonstrate that the antennas will be
flush-mounted as defined with condition number four (4) of this special use permit;
12. The “new tower elevation” on Page C-3 of the construction plans shall be revised to show that the
no portion of antennas will extend above the tallest portion of the monopole in accordance with
condition number six (6) of this special use permit; and
13. The title and heading on the construction plans for this application shall be revised to include the
property owner’s name.
After the issuance of a Certificate of Occupancy, the following requirements shall be met:
14. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning
Administrator by July 1 of each year. The report shall identify each personal wireless service
provider that uses the facility, including a drawing indicating which equipment, on both the tower
and the ground, are associated with each provider; and
15. All equipment and antennae from any individual personal wireless service provider shall be
disassembled and removed from the site within ninety (90) days of the date its use is
discontinued. The entire facility shall be disassembled and removed from the site within ninety
(90) days of the date its use for personal wireless service purposes is discontinued. If the Zoning
Administrator determines at any time that surety is required to guarantee that the facility will be
removed as required, the permittee shall furnish to the Zoning Administrator a certified check, a
bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, in an
amount sufficient for, and conditioned upon, the removal of the facility. The type of surety
guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney.
__________
Agenda Item No. 14. SP-2003-40. Tomlin (Triton PCS) (Sign #40). Public hearing on a
request to allow installation of new ground equipment supporting new digital technology, E-911 services &
the replacement of antennas at an existing personal wireless services facility, in accord w/Sec 10.2.2.6 of
the Zoning Ord. TM 75, P 9, contains 10.326 acs. Loc at 1064 Goodwin Farm Lane. Goodwin Farm
Lane is off 29 S, approx 2 miles S of I-64. Znd RA&EC. Samuel Miller Dist.
The facility shall be designed, constructed and maintained as follows:
1. The ground equipment, including the concrete pad, shall be sized, located and maintained in
general accord with the plans entitled, “Tomlin (Triton PCS)”, last revised April 16, 2003 and
provided with Attachment A in the July 22, 2003 staff report. Panel antennas shall not exceed
five (5) feet in height and one (1) foot in width;
2. The height and size of the monopole shall not be increased for the purpose of replacing the
antennas. The monopole shall never exceed ten (10) feet above the tallest tree within twenty-five
(25) feet, as measured Above Sea Level (ASL), and shall be sized as originally approved with
special use permit SP 00-50;
3. All ground equipment, antennas, equipment pads, external wires and equipment shall be a color
that closely matches that of the existing pole and ground equipment;
4. Only flush-mounted antennas shall be permitted. No antennas that project out from the pole
beyond the minimum required by the support structure, shall be permitted. However, in no case
16
shall the distance between the face of the pole and the faces of the antennas be more than
twelve (12) inches;
5. No satellite or microwave dishes shall be permitted on the monopole;
6. No antennas or equipment, with the exception of a grounding rod, shall be located above the top
of the pole;
7. No guy wires shall be permitted;
8. No lighting shall be permitted on the site or on the pole, except as herein provided. Outdoor
lighting shall be limited to periods of maintenance only. Each outdoor luminaire shall be fully
shielded such that all light emitted is projected below a horizontal plane running through the
lowest part of the shield or shielding part of the luminaire. For the purposes of this condition, a
luminaire is a complete lighting unit consisting of a lamp or lamps together with the parts
designed to distribute the light, to position and protect the lamps, and to connect the lamps to the
power supply; and
9. The permittee shall comply with section 5.1.12 of the Zoning Ordinance. Fencing of the lease
area shall not be permitted.
Prior to the issuance of a building permit, the following requirements shall be met:
10. Submittal of a statement that no tree removal is necessary or a tree conservation plan, developed
by a certified arborist, to the Director of Planning and Community Development for approval. The
plan shall specify tree protection methods and procedures, and identify any existing trees to be
removed on the site - both inside and outside the access easement and lease area. All
construction or installation associated with the pole and equipment pad, including necessary
access for construction or installation, shall be in accordance with this tree conservation plan.
Except for the tree removal expressly authorized by the Director of Planning and Community
Development, the permittee shall not remove existing trees within two hundred (200) feet of the
pole and equipment pad. A special use permit amendment shall be required for any future tree
removal within the two hundred (200) foot buffer, after the installation of the subject facility; and
11. The antenna details entitled “tri-bracket mount plan” and “isometric tri-bracket mount plan” on
Page C-5 of the construction plans shall be revised to demonstrate that the antennas will be
flush-mounted as defined with condition number four (4) of this special use permit.
After the issuance of a Certificate of Occupancy, the following requirements shall be met:
12. The applicant, or any subsequent owners of the facility, shall submit a report to the Zoning
Administrator by July 1 of each year. The report shall identify each personal wireless service
provider that uses the facility, including a drawing indicating which equipment, on both the tower
and the ground, are associated with each provider; and
13. All equipment and antennae from any individual personal wireless service provider shall be
disassembled and removed from the site within ninety (90) days of the date its use is
discontinued. The entire facility shall be disassembled and removed from the site within ninety
(90) days of the date its use for personal wireless service purposes is discontinued. If the Zoning
Administrator determines at any time that surety is required to guarantee that the facility will be
removed as required, the permittee shall furnish to the Zoning Administrator a certified check, a
bond with surety satisfactory to the County, or a letter of credit satisfactory to the County, in an
amount sufficient for, and conditioned upon, the removal of the facility. The type of surety
guarantee shall be to the satisfaction of the Zoning Administrator and the County Attorney.
__________
Agenda Item No. 16. ZMA-2001-15. Martha Jefferson Hospital @ Peter Jefferson Place
(Sign #85). Public hearing on a request to rezone 106.92 acs from CO to PD-MC to allow for the Martha
Jefferson Hospital & associated uses. TM 78, Ps 20B, 20C, 20M, 31, 31I, 32, 71 & 71A. Loc on Rt 1118
(Peter Jefferson Pkway) approx one-half mile from intersec of Rt 250 W & Peter Jefferson Parkway. (The
Comp Plan designates this property as Office/Regional Service in Pantops.) Rivanna Dist.
MARTH A JEFFERSON HEALTH SERVICES AT PETER JEFFERSON PLACE
ZMA 01-015
17
PROFFER STATEMENT
The following parcels are subject to rezoning application ZMA 01-015 and thus to this proffer
statement: tax map parcels 78-20M, 78-71, 78-71A and 78-31I (the “Property”). The Applicant is Martha
Jefferson Health Services Corporation. The owner of tax map parcels 78-20M, 78-71 and 78-71A is
Worrell Land & Development Company, L.C., it successors and assigns. The owner of tax map parcel
78-31I is MJH Foundation, Inc., its successors and assigns. For purposes of this proffer statement,
Worrell Land & Development Company, L.C., it successors and assigns and MJH Foundation, Inc., its
successors and assigns are herein collectively referred to as the “Owner.”
The Owner hereby voluntarily proffers that if the Albemarle County Board of Supervisors acts to
rezone the Property to Planned Development-Mixed Commercial as requested, and further acts to grant
the requested special use permits for a hospital and structured parking garages, the Owner shall develop
the Property in accord with the following proffers pursuant to Section 15.2-2298 of the Code of Virginia,
1950, as amended, and pursuant to Section 33.3 of the Albemarle County Zoning Ordinance. These
conditions are voluntarily proffered as part of the requested rezoning, and the Owner acknowledges that
(1) the rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable
relation to the rezoning requested.
If rezoning application ZMA 01-015 is denied, or if either special use permit 2001-056 or SP
2001-057 is denied, or if either SP 2001-056 or 2001-057 is approved without the condition providing that
“the special use permit approvals shall not expire but shall remain in effect so long as the approval of
ZMA-01-15 remains in effect,” or if either SP 2001-056 or SP 2001-057 is approved with conditions that
are not agreed to by the Owner prior to approval of ZMA 01-015, these proffers shall immediately be null
and void and of no further force and effect.
1. Subject always to the terms of Section 8.5.5.3 of the Albemarle County Zoning Ordinance
as in effect on July 1, 2003, a copy of which Section 8.5.5.3 is attached hereto as Exhibit
A, and which Section 8.5.5.3 allows certain variations from approved application plans
subject to the provisions thereof, and subject further to the terms and conditions of this
paragraph, development of the Property shall be in general accord with the application
plan shown on sheets AP-1 through AP-5, each dated August 5, 2003, of the plans
entitled “Martha Jefferson Health Services at Peter Jefferson Place, Albemarle County,
Virginia, Zoning Map Amendment and Special Use Permit Application Plan,” which
sheets are attached hereto as Exhibit B (the “Application Plan”). Unless specifically
referenced in the Application Plan, or otherwise referenced in this Proffer Statement, all
other plans and illustrations submitted as part of the Owner’s rezoning materials shall be
deemed illustrative only, and such plans and illustrations shall not be deemed proffers. In
addition to the provisions of Exhibit A, the Owner further reserves the right to develop the
Property in phases (which may involve the reasonable use of surface parking prior to
ultimate buildout of the Property as shown on the Application Plan), and to make
reasonable modifications to the conceptual grading plan shown on sheet AP-3 of Exhibit
B (provided that the finished grades not vary by more than ten (10) feet up or down).
2. All buildings and structures constructed on the Property shall substantially comply with
the Peter Jefferson Place Design Criteria and Guidelines dated August 5, 2003 and
attached hereto as Exhibit C. In addition, the following additional design criteria shall
govern the exteriors of all buildings and structures constructed on the Property following
the Board of Supervisors’ approval of ZMA 01-015, as determined to the reasonable
satisfaction of the Director of Planning and Community Development or his/her
successor:
a. Neutral colors shall be utilized for external building materials so that buildings
blend with the surrounding landscape, not contrast with it.
18
b. The use of white materials will be minimized, and shall not constitute the
predominate color on such building or structure.
c. In addition to standard landscaping required by Section 32.7.9 of the Albemarle
County Zoning Ordinance, additional landscaping shall be interspersed
throughout the areas of the Property where development is permitted pursuant to
the Application Plan, to help integrate the development into the surrounding
landscape.
d. Parking structures shall be coordinated in appearance with other buildings on the
Property.
3. The community park shown on the Application Plan will be built prior to the issuance of a
certificate of occupancy for the Inpatient Hospital (as hereinafter defined) and shall be
made reasonably available for public use. In designing the community park the Owner
shall consult with the Director of the Parks and Recreation Department. For purposes of
this Proffer Statement, the “Inpatient Hospital” shall be defined as the earlier to be built of
the diagnostic/technology building shown on sheet AP-2 of the Application Plan (or any
portion thereof) and the inpatient beds building shown on sheet AP-2 of the Application
Plan (or any portion thereof).
4. The Owner will dedicate fee simple title to the County, for incorporation into the Rivanna
River Greenway System, all that portion of the Property contiguous to the Rivanna River
and defined in the Federal Emergency Management Agency national flood insurance
maps as land within the 100-year flood plain, with the intent that the County shall
construct, operate, maintain and police such land as a park, and which dedication shall
be subject to existing encumbrances and easements of record. Such dedication shall be
made by the earlier to occur of (i) dedication by Thomas Jefferson Foundation, Inc. of the
portion of land identified as tax map parcel 78-31A that is located within the 100-year
flood plain into the Rivanna River Greenway System; (ii) final site plan approval for any
development on Parcel I shown on the Application Plan (if applicable, in which case such
site plan will include reasonable provisions for access to the Greenway System); or (iii)
final subdivision plat approval for any development on Parcel I shown on the Application
Plan (if applicable, in which case such subdivision plat will include reasonable provisions
for access to the Greenway System). Notwithstanding the foregoing sentence, in the
event the Owner elects in its sole discretion to make such dedication at an earlier date, it
may do so. In addition, such dedication shall be subject to reservations of a right of
access for ingress and egress from the Property for the benefit of the Owner, for drainage
from the Owner’s stormwater control facilities, of riparian rights in the Rivanna River for
the benefit of the Owner, and for other purposes reasonably stipulated by the Owner.
Upon the Board of Supervisors’ approval of ZMA 01-015, employees and agents of the
County Department of Parks and Recreation may have reasonable access to the portion
of the Property to be dedicated.
5. Upon issuance of a certificate of occupancy for the Inpatient Hospital, the Owner shall
submit a traffic demand management plan to Albemarle County, incorporating elements
such as ridesharing programs, mass transit incentives, pedestrian and bicycle
accommodation, and similar measures, each as may be appropriate and reasonable
given the then-current availability of such programs, which plan shall be subject to the
reasonable approval by the Director of Planning and Community Development or his/her
successor, and shall be subject to implementation by the Owner as described in such
plan.
6. Prior to issuance of a certificate of occupancy for the Inpatient Hospital, but subject
always to approval by the Virginia Department of Transportation (“VDOT”), the Owner
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shall install (or bond for installation) a traffic signal at the intersection of State Farm
Boulevard and Peter Jefferson Parkway, or pay for the full cost of the traffic signals to be
installed at such intersection. The appropriate signalization of the intersection shall be
approved by VDOT. Alternatively, at the request of VDOT, in lieu of installing a traffic
signal at such intersection, the Owner shall construct a roundabout at such intersection,
which shall be constructed to VDOT design standards pursuant to detailed plans agreed
to between the Owner and VDOT, and shall be accepted by VDOT for public use or
bonded for VDOT’s acceptance, provided that either VDOT can provide adequate land
for a roundabout, or that the Owner can acquire necessary land therefor.
Notwithstanding the foregoing, the Owner’s total financial responsibility for the cost of
such a roundabout (including, without limitation, any cost to the Owner for the design and
construction of a roundabout and for acquiring any land needed for a roundabout) shall in
no event exceed the cost required to install traffic signals at the same intersection.
7. The Owner shall contribute to the expenses associated with improving the Interstate
64/U.S. Route 250 interchange at Exit 124 as described below:
a. Within thirty (30) days following the granting of final site plan approval for the
Inpatient Hospital, the Owner shall contribute to the County funds in the amount
of One Hundred Forty-Six Thousand, Two Hundred Fifty Dollars ($146,250.00)
for the construction by VDOT or others of an additional turn lane off each of the
eastbound and westbound off-ramps from Interstate 64 to U.S. Route 250 at Exit
124. Such amount shall be increased by an amount equal to the percentage
increase in the Consumer Price Index for All Urban Consumers, U.S. City
Average as issued by the U.S. Department of Labor, Bureau of Labor Statistics
(the “CPI-U”) for each year or portion thereof which elapses during the period
between the date the Board of Supervisors approves ZMA 2001-015 and the
date that Albemarle County grants final site plan approval for the Inpatient
Hospital. In the event the actual cost of such construction is less than the
amount the Owner contributes (as such amount is increased for the CPI-U as per
the terms hereof), all excess funds shall be returned to the Owner within ninety
(90) days following the completion of construction.
b. Within thirty (30) days following the granting of final site plan approval for the
Inpatient Hospital, the Owner shall contribute to the County funds in the amount
of One Hundred Fifty Thousand Dollars ($150,000.00) for the construction by
VDOT or others of various improvements to the traffic signals at each of the
eastbound and westbound off-ramps from Interstate 64 to U.S. Route 250 at Exit
124. Such amount shall be increased by an amount equal to the percentage
increase in the CPI-U for each year or portion thereof which elapses during the
period between the date the Board of Supervisors approves ZMA 2001-015 and
the date that Albemarle County grants final site plan approval for the Inpatient
Hospital. In the event the actual cost of such construction is less than the
amount the Owner contributes (as such amount is increased for the CPI-U as per
the terms hereof), all excess funds shall be returned to the Owner within ninety
(90) days following the completion of construction.
c. Within ninety (90) days following the approval by the Board of Supervisors of
ZMA 2001-015, the Owner shall contribute to the County funds in the amount of
Forty-Four Thousand Dollars ($44,000.00) for the preliminary engineering
expenses of VDOT associated with the design of the additional turn lanes and
traffic signal improvements at the westbound and eastbound off-ramps from
Interstate 64 to U.S. Route 250 at Exit 124.
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d. Notwithstanding the terms of Section 7(a), (b) and (c) herein, in the event that
VDOT and/or the Federal Highway Administration elect, prior to the granting of
final site plan approval for the Inpatient Hospital, to make improvements to the
Interstate 64/U.S. Route 250 interchange other than as described in Section 7(a),
(b) and (c) herein, then, upon reasonable consultation with the Owner, the funds
contributed to the County by the Owner and described in Section 7(a), (b) and (c)
herein may nevertheless be used by VDOT or others for the engineering and
construction of such improvements, provided that such funds are ultimately
utilized for the improvement of the Interstate 64/U.S. Route 250 interchange as
necessitated by the development of the Property, and are utilized for the benefit
of the Property, and provided further that the Owner shall have no additional
responsibility for the expenses associated with such improvements. In addition,
prior to releasing any portion of the funds described in Section 7(a), (b) and (c)
herein, the County Zoning Administrator shall consult with the Owner.
e. If any of the funds proffered pursuant to Section 7(a) and 7(b) herein are not
expended for the expenses associated with improving the Interstate 64/U.S.
Route 250 interchange as necessitated by the development of the Property
within seven (7) years from the date the Owner contributes such funds, all
unexpended funds (including income earned thereon) shall be returned to the
Owner, and the Owner proffers no further obligation for contributing to the
expenses associated with such improvements.
f. If any of the funds proffered pursuant to Section 7(c) herein are not expended for
the expenses associated with the design of improvements to the Interstate
64/U.S. Route 250 interchange as necessitated by the development of the
Property within the earlier to occur of (i) twenty (20) years from the date the
Owner contributes such funds, and (ii) seven (7) years from the date the Owner
contributes the funds referenced in Section 7(a) and 7(b), all unexpended funds
(including income earned thereon) shall be returned to the Owner, and the
Owner proffers no further obligation for contributing to the expenses associated
with such improvements.
8. Upon the issuance of a certificate of occupancy for the Inpatient Hospital (or sooner upon
the mutual agreement of the Owner and the Director of Planning and Community
Development or his/her successor), the Owner shall contribute to Albemarle County a
one-time payment in the amount of Fifty Thousand Dollars ($50,000.00) toward the cost
of establishing or enhancing transit service to the Property, the design of which shall be
in general accord with the Application Plan and any modifications thereto, and shall be
reasonably coordinated with the Owner. Such amount shall be increased by an amount
equal to the percentage increase in the CPI-U for each year or portion thereof which
elapses during the period between the date the Board of Supervisors approves ZMA
2001-015 and the date that the Owner contributes such funds to Albemarle County. If a
system of transit service is not provided to the Inpatient Hospital within one (1) year
following the issuance of a certificate of occupancy for the Inpatient Hospital, the entire
amount of funds delivered to the County pursuant to this Section 8 (including income
earned thereon) shall be returned to the Owner. In the event that the system of transit
service has been provided to the Inpatient Hospital within one (1) year following the
issuance of a certificate of occupancy therefor, but any of the funds proffered pursuant to
this Section 8 are nevertheless not actually expended for such purposes within five (5)
years from the date the Owner contributes such payment, all unexpended funds
(including income earned thereon) shall be returned to the Owner, and the Owner
proffers no further obligation for contributing to such expenses.
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9. The Owner has entered into a memorandum of understanding with Thomas Jefferson
Foundation, Inc. incorporating guidelines for development of the Property within the
Monticello viewshed (as such memorandum may be amended from time to time upon
mutual consent of the parties thereto) (the “MOU”). Prior to granting final site plan
approval for any proposed building on the Property within the Monticello viewshed (other
than site plan applications for minor amendments not material to the objectives of the
MOU), and provided that the MOU remains in effect between the parties thereto, the
Director of Planning and Community Development shall request confirmation from
Thomas Jefferson Foundation, Inc. that the site plan application is consistent with the
terms of the MOU.
This proffer statement may be signed in two or more counterparts, each of which shall be deemed
an original, and which together shall constitute one and the same instrument.
WITNESS the following signatures:
WORRELL LAND & DEVELOPMENT COMPANY, L.C.
By: _______________________________
T. Eugene Worrell, Manager
MJH FOUNDATION, INC.
By: ________________________________
James E. Haden, President
Exhibit A
Section 8.5.5.3 of the Zoning Ordinance in Effect on July 1, 2003 (on file)
Exhibit B
Application Plan (on file)
Exhibit C
Peter Jefferson Place Design Criteria and Guidelines (on file)
__________
Agenda Item No. 17. SP-2001-56. Martha Jefferson Hospital @ Peter Jefferson Place (Sign
#89). Public hearing on a request to allow hospital in accord w/Sec 23.2.2.1 of the Zoning Ord. TM 78,
Ps 20B, 20C, 20M, 31, 31I, 71 & 71A. Loc on Rt 1118 (Peter Jefferson Pkway) approx one-half mile from
intersec of Rt 250 W & Peter Jefferson Pkway. Rivanna Dist.
1. The special use permit approvals shall not expire but shall remain in effect so long as the
approval of ZMA-01-15 remains in effect.
__________
Agenda Item No. 18. SP-2001-57. Martha Jefferson Hospital @ Peter Jefferson Place (Sign
#85). Public hearing on a request to allow parking structures in accord w/Sec 23.2.2.4 of the Zoning Ord.
TM 78, Ps 20B, 20C, 20M, 31, 31I, 32, 71 & 71A. Loc on Rt 1118 (Peter Jefferson Pkway) approx one-
half mile from intersec of Rt 250 W & Peter Jefferson Parkway. Rivanna Dist.
1. The special use permit approvals shall not expire but shall remain in effect so long as the
approval of ZMA-01-15 remains in effect.
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Attachment 5
A RESOLUTION APPROVING A PLAN OF LEASE FINANCING WITH BANC
OF AMERICA LEASING & CAPITAL, LLC FOR THE ACQUISITION AND
CONSTRUCTION OF A PUBLIC SAFETY EMERGENCY 911
COMMUNICATION SYSTEM
WHEREAS, the Board of Supervisors (the “Board of Supervisors”), on behalf of Albemarle
County, Virginia (the “County”), desires to finance the acquisition and construction of a public safety
emergency 911 communication system (the “Project”) by means of a lease/purchase financing with Banc
of America Leasing & Capital, LLC (the “Bank”) pursuant to the terms of the Bank’s proposal dated
August 4, 2003 (the “Proposal”), attached hereto as Exhibit A;
WHEREAS, there has been presented to this meeting a draft of an Equipment Lease/Purchase
Agreement to be dated the date of its delivery (the “Lease Agreement”), between the Bank, as Lessor,
the County, as Lessee, and, if desired by the County, with a bank or trust company to act as escrow
agent, a copy of which shall be filed with the records of the Board;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY,
VIRGINIA:
1. The Board approves the following plan of financing. The County is authorized to enter
into a lease/purchase financing with the Bank pursuant to the terms of the Proposal. The Bank shall
acquire, or cause to be acquired, the Project, and the County shall lease the Project from the Bank in
accordance with the terms of the Lease Agreement. The County shall make payments of Basic Rent (as
defined in the Lease Agreement) to the Bank.
2. The terms of the Lease Agreement shall provide for the following: (a) the term of the
Lease Agreement shall expire no later than December 31, 2014; (b) the principal components of Basic
Rent payable under the Lease Agreement shall be payable on dates determined by the County
Executive until the expiration of the Lease Agreement, in amounts as determined by the County
Executive, provided that the total amount of such principal components shall not exceed $12,000,000;
(c) the interest components of Basic Rent payable under the Lease Agreement shall be payable on
dates determined by the County Executive at a rate calculated by multiplying the rate on 10-year U.S.
Term Treasury obligations by .65 plus a spread of 50 basis points (provided that such calculation does
not produce a rate greater than 6.0% per year), and calculated on the basis of a 360-day years of twelve
30-day months; and (d) shall be subject to optional prepayment upon terms determined by the County
Executive and in accordance with the terms of the Proposal, all as the County Executive determines to
be in the best interest of the County.
3. The Chairman of the Board and the County Executive, either of whom may act, are
authorized and directed to execute the Lease Agreement, which shall be in substantially the form
submitted to this meeting, which is hereby approved, with such completions, omissions, insertions and
changes not inconsistent with this Resolution as may be approved by the officer executing the Lease
Agreement, his execution to constitute conclusive evidence of his approval of any such completions,
omissions, insertions and changes.
4. The officers of the County are authorized and directed to execute and deliver all
certificates and instruments and to take all actions necessary or desirable in connection with the
execution and delivery of the Lease Agreement and the completion of the financing.
5. The obligations of the County under the Lease Agreement shall be limited obligations
payable solely from funds to be appropriated by the Board for such purpose and shall not constitute a
debt of the County within the meaning of any constitutional or statutory limitation or a pledge of the faith
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and credit of the County beyond any fiscal year for which the Board has lawfully appropriated from time
to time. Nothing herein or in the Lease Agreement shall constitute a debt of the County within the
meaning of any constitutional or statutory limitation or a pledge of the faith and credit or taxing power of
the County.
6. The Board believes that funds sufficient to make payment of all amounts payable under
the Lease Agreement can be obtained. While recognizing that it is not empowered to make any binding
commitment to make such payments beyond the current fiscal year, the Board hereby states its intent to
make appropriations for future fiscal years in amounts sufficient to make all such payments and hereby
recommends that future Boards do likewise during the term of the Lease Agreement. The Board directs
the County Executive, or such other officer who may be charged with the responsibility for preparing the
County’s annual budget, to include in the budget request for each fiscal year during the term of the
Lease Agreement an amount sufficient to make the payment of all amounts payable under the Lease
Agreement for such fiscal year. As soon as practicable after the submission of the County’s annual
budget to the Board, the County Executive is authorized and directed to deliver to the Bank evidence
that a request for an amount sufficient to make the payment of all amounts payable under the Lease
Agreement during such fiscal year has been made. If at any time during any fiscal year of the County,
through the fiscal year ending June 30, 2014, the amount appropriated in the County’s annual budget in
any such fiscal years is insufficient to pay when due the amounts payable under the Lease Agreement,
the Board directs the County Executive, or such other officer who may be charged with the responsibility
for preparing the County’s annual budget, to submit to the Board at the next scheduled meeting, or as
promptly as practicable but in any event within 45 days, a request for a supplemental appropriation
sufficient to cover the deficit.
7. (a) The County covenants that it will not take or omit to take any action the taking or
omission of which will cause the Lease Agreement to be an “arbitrage bond” within the meaning of
Section 148 of the Internal Revenue Code of 1986, as amended, and regulations issued pursuant
thereto (the “Code”), or otherwise cause the interest components of Basic Rent due under the Lease
Agreement to be includable in the gross income of the holder thereof under existing statutes. Without
limiting the generality of the foregoing, the County shall comply with any provision of law that may
require the County at any time to rebate to the United States any part of the earnings derived from the
investment of the funds received under the Lease Agreement, unless the County receives an opinion of
nationally recognized bond counsel that such compliance is not required to prevent interest due under
the Lease Agreement from being includable in the gross income for federal income tax purposes of the
holder thereof under existing law.
(b) The County covenants that during the term of the Lease Agreement it shall not
permit the Project or the proceeds derived from the Lease Agreement to be used in any manner that
would result in (a) 10% or more of such proceeds or the facilities financed with such proceeds being
used in a trade or business carried on by any person other than a governmental unit, as provided in
Section 141(b) of the Code, provided that no more than 5% of such proceeds may be used in a trade or
business unrelated to the County’s use of the Project, (b) 5% or more of such proceeds being used with
respect to any “output facility” (other than a facility for the furnishing of water), within the meaning of
Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to
make or finance loans to any persons other than a governmental unit, as provided in Section 141(c) of
the Code; provided, however, that if the County receives an opinion of nationally recognized bond
counsel that any such covenants need not be complied with to prevent the interest components of Basic
Rent from being includable in the gross income for Federal income tax purposes of the holder thereof
under existing law, the County need not comply with such covenants.
8. Such officers of the County as may be requested are authorized and directed to execute
an appropriate certificate setting forth the expected use and investment of the funds received under the
Lease Agreement, and any elections such officers deem desirable regarding rebate of earnings to the
United States, for purposes of complying with Section 148 of the Code. Such certificate and elections
shall be in such form as may be requested by bond counsel for the County.
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9. Any authorization herein to execute a document shall include authorization to deliver it
to the other parties thereto and to record such document where appropriate.
10. All other actions of the officers of the County that are in conformity with the purposes
and intent of this Resolution and in furtherance of this financing and the undertaking of the Project are
approved and ratified.
11. All resolutions or parts of resolutions in conflict herewith are repealed.
12. This Resolution shall take effect immediately.
**********
EXHIBIT A – (Banc of America’s Proposal) – on file