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HomeMy WebLinkAbout20030910actionsACTIONS Board of Supervisors Meeting of September 10, 2003 September 11, 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 Bob Tucker, Larry Davis, Wayne Cilimberg and Ella Carey. 4. From the Public: Matters Not Listed on the Agenda. • There were none. 5. ACE Recognition. • HELD. 6.2 Adopt Resolution Approving the Issuance of Revenue Bonds in an Amount not to Exceed $9,000,000 for the MJH Foundation. • ADOPTED the attached Resolution. Clerk: Forward signed resolution to McGuire, Woods. (Attachment 1) 6.3 Appeal: ARB-2003-114. Seminole Plaza Landscape Changes (deferred from September 3, 2003). • APPROVED the requirements for the tree to be satisfied by the existing tree or with a two and one-half (2 ½) inch caliper tree of a species to be administratively approved by staff. 6.4 Authorize County Executive to execute new Agreement between the County of Albemarle, City of Charlottesville and the Charlottesville Albemarle Society for the Prevention of Cruelty to Animals (SPCA). • AUTHORIZED the County Executive to sign the Agreement on behalf of the County. County Attorney’s office: Obtain necessary signatures and provide Clerk with fully executed copy of document. (Attachment 2) 7. SP-2003-42. Vintage Virginia Apples, LLC (Sign #49). • APPROVED SP-2003-42, by a vote of 6:0, subject to 4 conditions. Clerk: Set out conditions of approval. (Attachment 3) 8. SP-2003-43. The Covesville Store (Sign #52). • APPROVED SP-2003-34, by a vote of 6:0. 9. SP-2003-51. The Covesville Gift, Craft & Antique Store (Sign #52). • APPROVED SP-2003-35, by a vote of 6:0. 10. SP-2003-044. Bellair Animal Hospital (Sign #54). • APPROVED SP-2003-36, by a vote of 6:0, subject to 5 conditions. Clerk: Set out conditions of approval. (Attachment 3) 11. SP-2003-46. Suntrust Pantops Branch (Signs #69&72). • APPROVED SP-2003-37, by a vote of 6:0, subject to 6 conditions. Clerk: Set out conditions of approval. (Attachment 3) 12. SP-2003-048. Randy E. Fox-Home Occupation Class B (Sign #2). • APPROVED SP-2003-38, by a vote of 6:0, subject to 5 conditions. Clerk: Set out conditions of approval. (Attachment 3) 13. Adopt Resolution Authorizing the Issuance of General Obligation School Bonds, Series 2003A, of the County of Albemarle, Virginia, in a Principal Amount not to Exceed $7,205,000 to be Sold to the Virginia Public School Authority and Providing for the Form and Details Thereof. • ADOPTED Resolution. Clerk: Forward signed resolution to Brenda Neitz. (Attachment 4) 1 2 14. From the Board: Matters Not Listed on the Agenda. • Sally Thomas said she will be meeting with our Sister Pacific County in the State of Washington during a visit to Seattle. 21. Adjourn. • At 7:20 p.m., the meeting was adjourned. /ewc Attachment 1 – IDA Resolution for MJH Foundation Attachment 2 – SPCA Agreement Attachment 3 – Planning Conditions of Approval Attachment 4 – VPSA Resolution 3 Attachment 1 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA WHEREAS, the Industrial Development Authority of Albemarle County, Virginia ("Authority"), has considered the application of MJH Foundation (the "Foundation") requesting the issuance of the Authority's revenue bonds in an amount not to exceed $9,000,000 ("Bonds") to assist the Foundation, or any corporation related to the Foundation, in the financing of a portion of the costs related to the Foundation's acquisition of approximately 70 acres of land at Peter Jefferson Place on Route 250 East ("Project") in the County of Albemarle, Virginia, and has held a public hearing on September 9, 2003; WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds; WHEREAS, the Authority issues its bonds on behalf of the of the County of Albemarle, Virginia ("County"); the Project is to be located in the County and the Board of Supervisors of the County of Albemarle, Virginia ("Board") constitutes the highest elected governmental unit of the County; WHEREAS, the Authority has recommended that the Board approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA: The Board approves the issuance of the Bonds by the Authority for the benefit of the Foundation, as required by Section 147(f) of the Code and Section l5.2-4906 of the Code of Virginia of 1950, as amended ("Virginia Code") to permit the Authority to assist in the financing of the Project. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the Foundation. This resolution shall take effect immediately upon its adoption. 4 Attachment 2 AGREEMENT THIS AGREEMENT is made this _____ day of ____________________ 2003 by and between the COUNTY OF ALBEMARLE (the “County”), the CITY OF CHARLOTTESVILLE (the “City”)(collectively referred to hereinafter as the “local governing bodies”) and the CHARLOTTESVILLE ALBEMARLE SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (“SPCA”), a Virginia nonstock corporation. 1. Purpose. SPCA owns and operates an Animal Shelter in the County. It is desired by all the parties that SPCA will, at its Animal Shelter, impound and care for all animals delivered by representatives of the local governing bodies, and receive and impound stray animals as turned in by residents of the local governing bodies who are not the owners of the animals, in accordance with Va. Code § 3.1-796.96, as amended, and associated state regulations. The purpose of this Agreement is to set forth the terms, conditions and compensation that the local governing bodies agree to pay to SPCA for care of such animals on an annual basis and to set forth the terms, conditions and compensation the local governing bodies will pay to SPCA for construction of the new SPCA facility. 2. Definitions. Animal: Shall not include agricultural animals Animal Shelter: Means a facility, other than a private residential dwelling and its surrounding grounds, that is used to house or contain animals and that is owned, operated, or maintained by a nongovernmental entity including, but not limited to, a humane society, animal welfare organization, society for the prevention of cruelty to animals, or any other organization operating for the purpose of finding permanent adoptive homes for animals. Biting Animals: Animals that have bitten a person. Killer Dogs: Dogs that have killed or injured valuable livestock or a pet belonging to a person other than the owner. Owned Dogs or Cats: Dogs or cats previously adopted out by the SPCA shelter or dogs or cats whose owners are known or discovered during the period of stay at the SPCA shelter. Rightful Owner: A person with a right of property in the animal Stray Dogs or Cats: Dogs or cats for whom no owner is known at the time of receipt at the SPCA shelter or discovered prior to disposition either by adoption or destruction. 3. Term of Agreement. This Agreement shall be effective on July 1, 2003 and shall continue in effect for one year. The Agreement shall automatically renew for periods of one calendar year unless terminated by any or all of the parties hereto upon one (1) calendar year written notice. 4. Compensation for Annual Operations Costs. The local governing bodies agree to pay a reasonable fee to SPCA for board and associated costs for the City’s and County’s stray dogs and cats. Compensation will be based on the most recent 5 annual Virginia Department of Agriculture and Consumer Services Animal Report filed prior to the local governing bodies’ ensuing fiscal year’s budget cycle submitted with the SPCA’s budget request. Funding will be adjusted to reflect submission of the prior year’s annual State animal record report numbers, if SPCA submits the report to the local governing bodies by January 15th of each year. SPCA will maintain records regarding the number of cats and dogs received at the shelter from each local governing body. These records will be used to distinguish cost allocation for the City and the County and any adjustments on an annual basis. The local governing bodies agree to make payments to SPCA on a quarterly basis. 5. Payment Formula. The local governing bodies will pay SPCA an annual fee based on a specific formula and reimbursement rate. The formula is based on the cost of what the local governing bodies could reasonably expect to pay to provide an animal pound that meets Virginia law and regulations. The daily reimbursement rate may be reexamined and revised by written agreement of all parties to this Agreement. a. Calculation of Rate for Dogs: Rate paid per dog is based on SPCA’s annual Virginia Department of Agriculture and Consumer Services Animal Report preceding the local governing bodies’ annual budget submittal process. Rate is $100 per dog, in accordance with the following fee formula: b. Fee Formula for Dogs: 1. Identify total number of dogs identified on the annual Virginia Department of Agriculture and Consumer Services Animal Report 2. Subtract the number of dogs “surrendered by owners” 3. Subtotal, and subtract number of dogs “on hand” as of January 1 4. Subtotal, and subtract the number of dogs “reclaimed by owners” 5. Total remaining number of dogs and multiply by rate of $100 per animal for total fee to be paid by local governing bodies 6. Divide fee by each jurisdiction, based on shelter records of location where animals were found c. Calculation of Rate for Cats: Rate paid per cat is based on SPCA’s annual Virginia Department of Agriculture and Consumer Services Animal Report of the year preceding the local governing bodies annual budget submittal process. Rate is $100 per cat brought to the Animal Shelter by the local Animal Control Officers (herein referred to as ACOs). Rate is $50 per cat brought to the Animal Shelter by residents of the City or the County in accordance with the following fee formula. d. Fee Formula for Cats: 1. Identify total number of cats based on the Virginia Department of Agriculture and Consumer Services Animal Report 2. Subtract the number of cats “surrendered by owners” from this number 3. Subtotal, and subtract the number of cats “on hand” as of January 1 4. Subtotal, and subtract the number of cats “reclaimed by owners” 5. Identify the number of cats brought in to the shelter by ACOs 6 6. Subtract the total number of cats brought into the shelter by ACO’s from the total number of cats identified at the end of step 4 7. Multiply the number of cats identified in #5 by $100 and the number of cats identified in #6 by $50 for total fee paid by local governing bodies 8. Divide fee by each jurisdiction, based on shelter records identifying the location where animals were found SPCA agrees to keep and maintain detailed written records of any unexpected or unusual expenses incurred to shelter cats and dogs in accordance with this Agreement and applicable laws and regulations. The local governing bodies will consider providing funds for these expenses as part of their regular annual budgeting schedule, it being expressly understood that the local governing bodies are not obligated to provide such funds. 6. Fines. Compensation is based on results listed on SPCA’s annual Virginia Department of Agriculture and Consumer Services Animal Report from the previous year and subject to SPCA’s adherence to Virginia law or regulations. If the State charges the local governing bodies fines or civil penalties for any violations by SPCA of Virginia law or regulations, then the City and/or County shall have the right to set- off the amount of the fine from the next-owing quarterly payment due to the SPCA pursuant to this Agreement. 7. Capital Contributions. SPCA will construct a new Animal Shelter facility in accordance with the plans approved in 2001 by the local governing bodies and State veterinarian officials. The facility is scheduled for completion in 2004. If the facility is not built or completed, SPCA will return all capital contributions received from the local governing bodies to each locality. The facility shall be constructed and maintained in strict accordance with all Virginia laws and regulations regarding animal shelter facilities. Subject to annual appropriations by the City and County, each local governing body agrees to make a capital contribution of $50,000 to SPCA on an annual basis for a period of five (5) years beginning fiscal year 2002-03, for a total contribution of $250,000 per jurisdiction. Such capital contributions will be made by each locality to the SPCA shortly after July 1 of each year. 8. Responsibilities of SPCA. a. General Responsibilities. SPCA agrees to: • Impound and care for all animals delivered by the local governing bodies • Place, hold or euthanize all animals not properly redeemed per Virginia law • Provide animal treatment and controlled drugs for euthanasia and other needs and all applicable license and documentation per Virginia law and applicable state and federal regulations • Maintain and publicize appropriate hours of operation at the Animal Shelter • Maintain accurate written accounts of all animals impounded and the jurisdictions in which they were found • Permit authorized representatives of the local governing bodies to inspect records within 48 hours of request • Carry out all procedures required by Virginia law and regulations and local ordinances, including those for impounded animals that have bitten a person 7 • Respond to any violations that are identified in annual State inspections in a timely manner • Allow access to the Animal Shelter 24 hours per day for the local governing bodies’ ACO personnel • Properly dispose of euthanized animals • Provide regular maintenance and cleaning of pound areas in accordance with Virginia law and regulations • Make available dog runs and cat holding facilities available at all times for stray animals delivered to SPCA by ACOs • Provide all reasonable and necessary vet care and vaccinations • Meet all other responsibilities and obligations applicable to the operations of animal pounds or shelters under Virginia law and regulations b. After-Hours Responsibilities. Effective July 1, 2004, SPCA staff will handle, including pick-up, all injured dog and cat calls within the County weekdays from 6:30 p.m. to 9:00 a.m. and from 4:30 p.m. Saturday thru 9:00 a.m. on Monday, holidays included. Effective July 1, 2004, SPCA staff will handle, including pick up, all injured dog and cat calls within the City weekdays from 4:00 p.m. to 7:00 a.m., except Saturday when coverage will end at 8:00 a.m., and from 4:30 p.m. Saturday through 7:00 a.m. on Monday, holidays included. Prior to this date, ACOs for the County and City will continue to handle all injured dog and cat calls, including pick-up, within their respective jurisdictions. If SPCA does not begin assuming after-hours responsibilities as outlined in this section effective July 1, 2004, the actual costs incurred by the County and City for after-hour services after July 1, 2004 will be deducted from the County’s and City's subsequent compensation payment for annual operations to the SPCA. c. Emergency Access. SPCA will provide a reasonably protected area or access to appropriate facilities to the ACOs for emergencies and after hours use. d. Emergency Planning. SPCA will develop and practice an evacuation plan for a major shelter disaster and a plan for sheltering community animals abandoned or running loose in case of a natural disaster in the area. e. Injured or Diseased Animals. Critically injured or critically ill animals may be destroyed immediately at the discretion of SPCA in accordance with State regulations. f. Dangerous Feral Dogs or Cats. Any feral dog or cat that does not bear a form of identification and that exhibits behavior posing risk to any person can be euthanized, after being kept for a period of not less than three days, one of which must be a full business day, in accordance with Virginia law and regulations. 8 g. Biting Animals. Stray biting animals shall be confined in accordance with Virginia law and regulations. If someone other than the local ACO delivers a biting animal to SPCA, SPCA shall notify the local office of the Virginia Department of Health. SPCA will be responsible for working with the Health Department to ensure that, in accordance with Health Department regulations and state law, stray biting animals are released to SPCA at the end of the ten-day confinement period once they have been deemed to be disease-free. Once these animals have been released to the custody and care of SPCA, it shall assume sole responsibility for determining whether they are suitable for adoption. h. Non-resident Dogs. If a dog is delivered to SPCA from somewhere outside of the physical boundaries of the City or County, the local governing bodies shall not be charged for the dog’s care. i. Properly Licensed Dogs. SPCA shall shelter properly licensed dogs for the time period required by Virginia law and regulations. j. Licensing and Vaccination. SPCA shall not deliver any dog or cat for adoption or return any owned dog or cat to its owner unless the animal is or will be properly licensed and vaccinated, unless the SPCA is directed otherwise for medical reasons by licensed veterinarians. k. Monthly Records. SPCA shall maintain supporting records for the Animal Shelter operation. Records shall include, at a minimum, data identifying the date an animal is brought to the Animal Shelter, the jurisdiction in which a stray animal was found (including specific addresses), the applicable jurisdiction of the ACO, if involved, and final disposition of each animal. SPCA shall establish and maintain an automated data mechanism that will establish whether an animal has been brought into the Animal Shelter from the County or the City. SPCA agrees to provide a monthly report to the ACOs of each jurisdiction. Supporting records may be modified from time to time by mutual consent of the parties. Records shall be available for inspection by representatives by local governing bodies. 9. Responsibilities of local governing bodies. a. General Responsibilities. • To compensate SPCA in accordance with the terms of this Agreement on a quarterly basis; • To deliver to the Animal Shelter dogs confiscated for running at large in the jurisdiction; • To designate an official from the jurisdiction with whom communication is to be made; • To require ACOs to comply with reasonable rules and regulations of facility; • To allow all animals not claimed by rightful owners to be turned over to the SPCA allowing it to place the animal for adoption or euthanization, at its discretion; provided that ACO personnel shall have the opportunity to provide input with regard to any 9 animals eligible for adoption if the ACO personnel feels that the animal may be a danger or hazard to the community; and • To permit SPCA to have control over all animals upon delivery by ACOs to the Animal Shelter, subject to provisions of local ordinances and Virginia law and regulations. b. Specific Responsibilities. • County ACOs will handle all stray dogs and injured animal calls in the County between 8:00 a.m. and 5:00 p.m. Monday through Friday. County ACOs will handle emergency calls at other hours at the request of the on-duty County Police Department supervisor. • City ACOs will handle all stray dogs and injured animal calls in the City between 7:00 a.m. and 4:00 p.m. Monday through Friday. City ACOs will handle emergency calls at other hours at the request of the on-duty City Police Department supervisor. • County and City ACOs will not handle routine stray cat calls unless the stray animal poses a health hazard. • If a stray biting dog is picked up by ACO, the ACO must notify the local office of the Virginia Department of Health. 10. General Animal Shelter Procedures. a. Except for emergencies, animals should be brought to the Animal Shelter weekdays between 8:00 a.m. and 4:00 p.m. and between 8:00 and 6:00 on Wednesdays, or during such hours as the parties may mutually agree. b. Check-in procedures shall be developed in conjunction with the local governing bodies’ ACOs and in accordance with Va. Code § 3.1-796.96, as amended, and associated regulations. c. Owned dogs turned over to ACOs for disposal shall have an admittance form with owner’s signature. d. ACOs shall leave dead dogs in established area for SPCA staff to examine prior to cremation. e. ACOs or SPCA representatives shall write descriptions of dogs, locations found, and cause of death. f. ACOs must complete a form that includes the owner’s name and telephone number when bringing biting animals to the shelter. g. Questions concerning disposal of dogs shall be referred to the SPCA Shelter Manager. h. ACOs shall not mark dogs for euthanasia unless reasons are provided in writing. i. ACOs shall not perform euthanasia functions. j. Procedures for injured wild animals: The SPCA does not handle deer or large wild animals. Small wounded wild animal can be brought to the SPCA, and they will transport the animal to the Waynesboro wildlife facility. Further written procedures governing animal check-in will be developed in collaboration with the City and County Police Departments and SPCA staff, and will be followed by the local governing bodies, ACOs, and SPCA staff. The SPCA Executive Director or Shelter Manager, the Albemarle County Executive or designee, and the City Manager of Charlottesville or designee can propose amendments to 10 procedures. To be effective, these amendments must be adopted by written agreement of the SPCA, County, and City representatives. 11. Liability and Insurance Requirements. SPCA shall maintain sufficient insurance to protect it and the City and County from any claims that may arise from SPCA operations under this Agreement. Such insurance shall meet or exceed the minimum coverage requirements established by the City and County, if applicable. Such coverage may be provided by commercial carriers or by self-insurance or a combination of both. A certificate from the insurance carrier providing the insurance shall be filed with the City and County prior to the execution of this Agreement, naming the City and County as additional insureds. SPCA shall at all times indemnify and hold harmless the City and County and their respective employees, representatives, officials and agents from all liability, claims, demands, damages, actions, suits, proceedings, costs and expenses, including attorney’s fees, of any kind or nature whatsoever, arising out of, connected with, or resulting directly or indirectly from SPCA operations under this Agreement. 12. Governing Law. This Agreement shall be governed by the laws and regulations of the Commonwealth of Virginia and applicable ordinances of the City of Charlottesville and County of Albemarle. 13. Complete Agreement; Amendments. This Agreement constitutes the final expression of the parties and supersedes all previous agreements and understandings, whether written or oral, relating to the rights and responsibilities of the parties. This Agreement may not be altered, amended, modified, or changed except by written instrument executed by duly authorized representatives of all parties hereto. 14. Nonappropriation. This Agreement is subject to the approval, ratification and annual appropriations by the City of Charlottesville and County of Albemarle of the necessary money to fund this Agreement for succeeding fiscal years. IN WITNESS WHEREOF, the parties do hereby set forth their signatures, representing that the individuals who affix their signatures hereto have been duly authorized to bind each party to the terms and conditions of the foregoing Agreement: CHARLOTTESVILLE ALBEMARLE SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (“SPCA”) By: ________________________________ Title: _______________________________ COUNTY OF ALBEMARLE, VIRGINIA By: Title: CITY OF CHARLOTTESVILLE, VIRGINIA By: Title: 11 Attachment 3 CONDITIONS OF APPROVAL Agenda Item No. 7. SP-2003-42. Vintage Virginia Apples, LLC (Sign #49). Public hearing on a request to allow on-site produce sales at an orchard in accord w/Sec 10.2.2.45 of the Zoning Ord. TM 87, P 9, contains 78.586 acs. Znd RA. Loc on Rt 29 (Monacan Trail) approx 0.8 miles from intersec of US 29 & Rt 692. Samuel Miller Dist. 1. A Virginia Department of Transportation entrance permit for a private entrance shall be obtained for this use; 2. Guardrails shall be installed to the satisfaction of the Department of Engineering and Public Works on Rural Ridge Lane where it crosses the dam; 3. The applicant shall submit a revised sketch plan that: a. Includes the following note: "The total retail sales area in the farm sales structure shall not exceed fifteen hundred (1,500) square feet. At all times, at least fifty (50) percent of the retail sales area inside the farm sales structure shall be agricultural or horticultural produce or merchandise produced on the premises. The remaining fifty (50) percent area may be companion items that are not produced on the premises, but are intended to be used with the agricultural or horticultural produce which is produced on the farm. Displays outside the farm sales structure shall be limited to agricultural and horticultural produce only." b. Clearly indicates the limits of the sales area. 4. Retail sales shall be conducted only within the sales area depicted on the revised sketch plan. __________ Agenda Item No. 10. SP-2003-044. Bellair Animal Hospital (Sign #54). Public hearing on a request to allow companion animal veterinary hospital in accord w/Sec 22.2.2.5 of the Zoning Ord. TM 60, Ps 25A&25B, contains approx 5.6 acs. Znd C1. Loc on Rt 250 W (Ivy Rd), approx 1/10 mile W of intersec of Ivy Rd & the 29/250 By-Pass. Samuel Miller Dist. 1. The approved final concept plan/site plan shall be in substantial accord with the Conceptual Plan dated July 29, 2003 and special permit justification dated April 28, 2003; 2. Any enlargement or expansion of the animal clinic use or structures, within the existing building or in a building addition, will require an amendment to this Special Permit (SP 2003-044); 3. No overnight boarding use other than for those animals under medical care shall take place in the animal clinic; 4. That portion of the existing building to be used for the clinic shall be soundproofed prior to commencement of the animal hospital use; 5. A pedestrian path five (5) feet in width shall be constructed across the front of Parcels 25A and 25B in the area between the existing vehicular parking area and the public travelway, to a standard acceptable to the Departments of Planning and Engineering and Public Works (Department of Community Development), to be maintained by VDOT or by the applicant in the event the pathway can not be constructed to meet VDOT standards. In the event that existing power poles or other obstructions make it impossible to meet the acceptable standard; this standard may be modified in the interest of allowing installation of the path. _________ Agenda Item No. 11. SP-2003-46. Suntrust Pantops Branch (Signs #69&72). Public hearing on a request to allow drive-in window to serve bank in accord w/Sec 25A.2.2.1 of the Zoning Ord. TM 78, P 73A, contains 1.19 acs. Znd PDMC&EC. Loc on Rt 250 (Richmond Rd), at the SW corner of intersec of Rt 250 & Hanson Rd. Rivanna Dist. 1. The site improvements shall be developed in general accord with the attached concept 12 plan, entitled, Application Plan for Suntrust-Pantops Branch, last revised June 16, 2003; 2. The Automated Teller Machine lane shall be located closest to the building; 3. Provide an informal mix of native screening trees and ornamentals along the western property line to minimize the impact of the drive-through structure on the Entrance Corridor, to the satisfaction of the Architectural Review Board; 4. Drive-through windows will be limited to three (3); 5. Architectural Review Board issuance of a Certificate of Appropriateness; and 6. Applicant is responsible for installation and maintenance of control devices such as by-pass lanes, signage and pavement markings as indicated on the concept plan. __________ Agenda Item No. 12. SP-2003-048. Randy E. Fox-Home Occupation Class B (Sign #2). Public hearing on a request to allow Home Occupation Class B for small machine shop that repairs heads off engines in accord with Chapter 18 Section 13.2.2.9 of the Zoning Ord. TM 90, P 31, contains 5.170 acs. Znd R-1. Loc on Rt 742 (at 1968 Avon Street Extended) approx 100 yards from intersec of Rt 20. Scottsville Dist. 1. There shall be no additional employees at the site outside of family living at 1968 Avon Street Extended; 2. The applicant will be required to submit a Certified Engineers Report demonstrating compliance with the performance standards in the Zoning Ordinance Section 4.14; 3. The applicant will revise the conceptual plan received by the Planning Department on July 15, 2003 to include a statement limiting the number of vehicle trips weekly to 14; 4. A standard entrance permit for a private road entrance shall be required. VDOT specifications for sight distance shall be required; and 5. No machinery generating noise shall be operated between the hours of 7:00 p.m. and 7:00 a.m. 13 Attachment 4 RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS, SERIES 2003A, OF THE COUNTY OF ALBEMARLE, VIRGINIA, IN A PRINCIPAL AMOUNT NOT TO EXCEED $7,205,000 TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, the Board of Supervisors (the “Board”) of the County of Albemarle, Virginia (the “County”), has determined that it is necessary and expedient to borrow a principal amount not to exceed $7,205,000 and to issue its general obligation school bonds for the purpose of financing certain capital projects for school purposes; and WHEREAS, the County will hold a public hearing, duly noticed, on October 1, 2003, on the issuance of the Bonds (as hereinafter defined) in accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as amended (the “Virginia Code”); and WHEREAS, the School Board of the County has, by resolution adopted on August 14, 2003, requested the Board to authorize the issuance of the Bonds and consented to the issuance of the Bonds; and WHEREAS, the Bond Sale Agreement (as defined below) shall indicate that $7,205,000 is the amount of proceeds requested (the “Proceeds Requested”) from the Virginia Public School Authority (the “VPSA”) in connection with the sale of the Bonds; and WHEREAS, the VPSA’s objective is to pay the County a purchase price for the Bonds which, in VPSA’s judgment, reflects the Bonds’ market value (the “VPSA Purchase Price Objective”), taking into consideration such factors as the amortization schedule the County has requested for the Bonds relative to the amortization schedules requested by other localities, the purchase price to be received by VPSA for its bonds and other market conditions relating to the sale of the VPSA’s bonds; and WHEREAS, such factors may result in the Bonds having a purchase price other than par and consequently (i) the County may have to issue a principal amount of Bonds that is less than the Proceeds Requested but in no case greater than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) if the maximum authorized principal amount of the Bonds set forth in Section 1 below does not exceed the amount of the discount the purchase price to be paid to the County, given the VPSA Purchase Price Objective and market conditions, will be less than the Proceeds Requested; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ALBEMARLE, VIRGINIA: 1. Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bonds in an aggregate principal amount not to exceed $7,205,000 (the “Bonds”) for the purpose of financing certain capital projects for school purposes, including without limitation, the projects described in Exhibit B. The Board hereby authorizes the issuance and sale of the Bonds in the form and upon the terms established pursuant to this Resolution. 2. Sale of the Bonds. It is determined to be in the best interest of the County to accept the offer of the VPSA to purchase from the County, and to sell to the VPSA, the Bonds at a price, determined by the VPSA to be fair and accepted by the County Executive, that is substantially equal to the Proceeds Requested, except that the Bonds may be sold for a purchase price not lower than 95% of the Proceeds Requested if issuing the Bonds in the maximum principal amount authorized by Section 1 of this Resolution is insufficient, given the VPSA 14 Purchase Price Objective and market conditions, to generate an amount of proceeds substantially equal to the Proceeds Requested. The County Executive and such officer or officers of the County as either may designate, any of whom may act, are hereby authorized and directed to enter into a Bond Sale Agreement dated as of October 1, 2003 (the “Bond Sale Agreement”), with the VPSA providing for the sale of the Bonds to the VPSA. The Bond Sale Agreement shall be in substantially the form submitted to the Board at this meeting, which form is hereby approved. 3. Details of the Bonds. The Bonds shall be dated the date of issuance and delivery of the Bonds; shall be designated “General Obligation School Bonds, Series 2003A”; shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 beginning July 15, 2004 (each an “Interest Payment Date”), at the rates established in accordance with Section 4 of this Resolution; and shall mature on July 15 in the years (each a “Principal Payment Date”) and in the amounts set forth on Schedule I attached hereto (the “Principal Installments”), subject to the provisions of Section 4 of this Resolution. 4. Interest Rates and Principal Installments. The County Executive is hereby authorized and directed to accept the interest rates on the Bonds established by the VPSA, provided that each interest rate shall be ten one-hundredths of one percent (0.10%) over the interest rate to be paid by the VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the “VPSA Bonds”), a portion of the proceeds of which will be used to purchase the Bonds, and provided further that the true interest cost of the Bonds does not exceed six percent (6.00%) per annum. The Interest Payment Dates and the Principal Installments are subject to change at the request of the VPSA. The County Executive is hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal Installments at the request of the VPSA, provided that the aggregate principal amount of the Bonds shall not exceed the amount authorized by this Resolution and provided further that the final maturity of the Bonds occurs no later than December 31, 2024. The execution and delivery of the Bonds as described in Section 8 hereof shall conclusively evidence such interest rates established by the VPSA and Interest Payment Dates and the Principal Installments requested by the VPSA as having been so accepted as authorized by this Resolution. 5. Form of the Bonds. The Bonds shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. 6. Payment; Paying Agent and Bond Registrar. The following provisions shall apply to the Bonds: (a) For as long as the VPSA is the registered owner of the Bonds, all payments of principal, premium, if any, and interest on the Bonds shall be made in immediately available funds to the VPSA at, or before 11:00 a.m. on the applicable Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11:00 a.m. on the business day next preceding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption. (b) All overdue payments of principal and, to the extent permitted by law, interest shall bear interest at the applicable interest rate or rates on the Bonds. (c) SunTrust Bank, Richmond, Virginia, is designated as bond registrar and payment agent for the Bonds (the “Bond Registrar”). The County may, in its sole discretion, replace at any time the Bond Registrar with another qualified bank or trust company as successor Bond Registrar. 7. Prepayment or Redemption. The Principal Installments of the Bonds held by the VPSA coming due on or before July 15, 2013, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2013, are not subject to prepayment or redemption prior to their stated maturities. The Principal Installments of the Bonds held by the VPSA coming due after July 15, 2013, and the definitive bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2013, are subject to prepayment or redemption at the option of the County prior to their stated maturities in whole or in part, on any date on or after July 15, 2013, upon payment of the prepayment or redemption prices (expressed as 15 percentages of Principal Installments to be prepaid or the principal amount of the Bonds to be redeemed) set forth below plus accrued interest to the date set for prepayment or redemption: Dates Prices July 15, 2013, through July 14, 2014 101.0% July 15, 2014, through July 14, 2015 100.5 July 15, 2015, and thereafter 100.0 Provided, however, that the Bonds shall not be subject to prepayment or redemption prior to their stated maturities as described above without first obtaining the written consent of the registered owner of the Bonds. Notice of any such prepayment or redemption shall be given by the Bond Registrar to the registered owner by registered mail not more than ninety (90) and not less than sixty (60) days before the date fixed for prepayment or redemption. 8. Execution of the Bonds. The Chairman or Vice Chairman of the Board, either of whom may act, and the Clerk of the Board or any Deputy Clerk, either of whom may act, are authorized and directed to execute and deliver the Bonds and to affix the seal of the County thereto. 9. Pledge of Full Faith and Credit. For the prompt payment of the principal of and premium, if any, and the interest on the Bonds as the same shall become due, the full faith and credit of the County are hereby irrevocably pledged, and in each year while any of the Bonds shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the County subject to local taxation sufficient in amount to provide for the payment of the principal of and premium, if any, and the interest on the Bonds as such principal, premium, if any, and interest shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the County to the extent other funds of the County are not lawfully available and appropriated for such purpose. 10. Use of Proceeds Certificate and Certificate as to Arbitrage. The Chairman of the Board, the County Executive and such officer or officers of the County as either may designate, any of whom may act, are hereby authorized and directed to execute a Certificate as to Arbitrage and a Use of Proceeds Certificate, each setting forth the expected use and investment of the proceeds of the Bonds and containing such covenants as may be necessary in order to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the “Code”), and applicable regulations relating to the exclusion from gross income of interest on the Bonds and on the VPSA Bonds. The Board covenants on behalf of the County that (i) the proceeds from the issuance and sale of the Bonds will be invested and expended as set forth in such Certificate as to Arbitrage and such Use of Proceeds Certificate and that the County shall comply with the other covenants and representations contained therein and (ii) the County shall comply with the provisions of the Code so that interest on the Bonds and on the VPSA Bonds will remain excludable from gross income for Federal income tax purposes. 11. State Non-Arbitrage Program; Proceeds Agreement. The Board hereby determines that it is in the best interests of the County to authorize and direct the Director of Finance of the County to participate in the State Non-Arbitrage Program in connection with the Bonds. The Chairman of the Board, the County Executive and such officer or officers of the County as either may designate, any of whom may act, are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Bonds by and among the County, the other participants in the sale of the VPSA Bonds, the VPSA, the investment manager and the depository, substantially in the form submitted to the Board at this meeting, which form is hereby approved. 12. Continuing Disclosure Agreement. The Chairman of the Board, the County Executive and such officer or officers of the County as either may designate, any of whom may act, are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix F to the Bond Sale Agreement, setting forth the reports and notices to be filed by the County and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 16 15c2-12 and directed to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filing of Resolution. The appropriate officers or agents of the County are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the County. 14. Further Actions. The members of the Board and all officers, employees and agents of the County are hereby authorized to take such action as they or any one of them may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby ratified and confirmed. 15. Effective Date. This Resolution shall take effect immediately.