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ACTIONS
Board of Supervisors Meeting of May 6, 2009
May 13, 2009
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
• Meeting was called to order at 9:00 a.m. by the
Chairman, Mr. Slutzky. All BOS members
were present. Also present were Bob Tucker,
Larry Davis, Ella Jordan and Meagan Hoy.
4a. Recognition: Proclamation recognizing May 9
through May 17, 2009 as National Tourism Week.
• Presented proclamation to Kurt Burkhart,
Director & CEO of the Charlottesville/
Albemarle Convention & Visitors Bureau.
(Attachment 1)
4b. Recognition: Proclamation recognizing May 10
through May 20, 2009 as National Law
Enforcement Officer’s Week.
• Chairman read the proclamation into the
record.
(Attachment 2)
4c. Recognition: Proclamation recognizing May 4
through May 10, 2009 as Public Service
Recognition Week.
• Presented proclamation to County Executive,
Bob Tucker.
(Attachment 3)
4d. Recognition: Business Appreciation Week.
• Susan Stimart, Business Development
Facilitator, recognized local businesses
NIITEK, Starr Hill Brewery, Musictoday, and
Booz Allen Hamilton for achieving success in a
difficult climate.
Non-Agenda. Recognition: Proclamation
recognizing May 9, 2009 as Letter Carrier Food
Drive Day.
• Presented proclamation to Brenda Farrell.
(Attachment 4)
5. From the Board: Matters Not Listed on the
Agenda.
Sally Thomas:
• She asked that notices for Boards and
Commissions be posted at places such as
MACAA, JABA, and Creciendo Juntos. Board
members agreed with her suggestion.
• The Planning District Commission has a new
Executive Director.
• The Rivanna River Basin Commission has also
hired a part time Executive Director, Leslie
Middleton.
• StreamWatch is now fully certified.
• Updated the Board on her Chesapeake Bay
meetings.
Ken Boyd:
• On May 18th, the Pantops Advisory Council
will hold an open house at Broadus Memorial
Baptist Church on Route 20 from 4:30-6:30
p.m.
• Would like the Board to set up a work session
in June to discuss the future of the
Clerk: Proceed as directed.
Clerk: Schedule work session in June.
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Fire/Rescue Ordinance and Revenue
Recovery. There was a consensus of the
Board to hold a work session.
Ann Mallek:
• Regarding upcoming issues, such as
windmills, there is new software that she
hopes staff is familiar with, called Canvas.
You can get a unique view of what things look
like. It is free and available from NACo.
• Urban Spaces, Rural Spaces exhibit is at
CitySpace for the entire month of May.
• During a Route 29 Study Group discussion,
she learned that VRE has been the cause for
the change in the times for the train. She
asked the Board to make a request that the
times not be changed. Mr. Slutzky advised
that he will work with VRE to address the
situation.
• Asked for clarification of Family Divisions, and
what the rules/options are for the Board to
amend the ordinance.
• Interface between timbering and forestry
applications, such as a silt fence. Would like
to have a discussion about raising the
standard for development parcels to make
sure the proper E&S regulations are being
upheld.
Dennis Rooker:
• Asked when the red light cameras discussion
will come back to the Board. Mr. Davis
responded it was tentatively scheduled for
June 3, 2009.
David Slutzky:
• Updated the Board on a meeting he had with
Fashion Square Mall representatives. In
Roanoke, they have a kiosk for the public
library, with books being held in wall slots with
an access code that allows users to pick
up/drop off books. He shared this information
with the Library Board here.
Mark Graham: Schedule with Clerk when
ready to come to Board.
Mark Graham: Schedule with Clerk when
ready to come to Board.
6. From the Public: Matters Not Listed for Public
Hearing on the Agenda.
• Jim Morris expressed concerns about the
Board using stimulus money.
• Dave Philips and Jim Cudhay spoke in support
of the STAR swimming proposal.
• Neil Williamson questioned information
contained in the proffer report on the consent
agenda.
7.2 Set public hearing for June 3, 2009, for proposed
lease agreement between the County and the Old
Crozet School Arts to lease a portion of the former
Old Crozet Elementary School.
• AUTHORIZED, by a vote of 6:0, a public
hearing on June 3, 2009 to receive public
comment.
Clerk: Schedule public hearing on June 3,
2009.
7.3 To set a public hearing for June 10, 2009, to
consider a proposed ordinance to amend County
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Code Chapter 3, Sections 3-201, 3-205, 3-301 and
3-305 to change the references to the department
of community development.
• AUTHORIZED, by a vote of 6:0, a public
hearing on June 10, 2009 to receive public
comment on the proposed lease.
Clerk: Schedule public hearing on June 10,
2009.
7.4 To set a public hearing for June 10, 2009, to
consider a proposed ordinance to amend County
Code Appendix A-1, Sections A.1-103 and A.1-104
to change the references to the director of
community development.
• AUTHORIZED, by a vote of 6:0, a public
hearing on June 10, 2009 to receive public
comment.
Clerk: Schedule public hearing on June 10,
2009.
7.5 ACE - Acquisition of Dutnell Easement.
• ADOPTED, by a vote of 6:0, the attached
Resolution to accept Mr. Dutnell’s offer to sell
an ACE easement over his property for
$118,000.
Clerk: Forward copy of signed resolution to
David Benish, Ches Goodall, and County
Attorney’s Office.
(Attachment 5)
7.6 FY 2009 Appropriations.
• APPROVED, by a vote of 6:0, budget
amendment in the amount of $637,756.57.
• APPROVED, by a vote of 6:0, appropriations
#2009057, #2009058, and #2009059.
• APPROVED, by a vote of 4:2 (Slutzky, Mallek),
#2009060.
Clerk: Forward copy of signed appropriation
forms to Finance and appropriate individuals.
7.7 Federal Low-Income Housing Tax Credit
Applications for Treesdale Park and Piedmont
Heights.
• ADOPTED, by a vote of 6:0, the attached
Resolution (Attachment 6) supporting
Treesdale, LP’s application for tax credits,
AUTHORIZED the County Executive to sign
the Treesdale Park Project Support Letter, and
SUPPORT the commitment of up to 22 project-
based vouchers that meet specific criteria, and
• ADOPTED, the attached Resolution
(Attachment 7) certifying that the Treesdale
Park site meets VHDA’s definition of a
revitalization area and authorizing the County
Executive to sign the Revitalization Area
Certification Letter.
Clerk: Forward copy of signed resolutions to
Ron White and County Attorney’s Office.
(Attachments 6 and 7)
7.8 County Executive’s Authorization to Apply for and
Accept Grants.
• ADOPTED, by a vote of 6:0, the attached
Resolution to authorize the County Executive,
or his designee, to apply for and accept grant
opportunities on behalf of the County.
Clerk: Forward copy of signed resolution to Bill
Letteri, Lori Allshouse and County Attorney’s
Office.
(Attachment 8)
7.9 Resolution to accept road(s) in Tanager Woods
Subdivision into the State Secondary System of
Highways.
• ADOPTED the attached resolution.
Clerk: Forward signed resolution and Form
AM-4.3 to Glenn Brooks.
(Attachment 9)
7.10 FY 2009/10 Appropriation Resolution.
• ADOPTED, by a vote of 6:0, the attached
Annual Resolution of Appropriations for FY
09/10 (Attachment 10) that allocates a total of
$304,262,583 to various General Government
and School Division operating, capital
Clerk: Forward resolution to Richard Wiggins,
Brenda Neitz, Laura Vinzant, School
Superintendent, and County Attorney’s Office.
(Attachments 10 and 11)
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improvement, and debt service accounts for
expenditure in FY 09/10.
• ADOPTED, by a vote of 6:0, the attached
Resolution (Attachment 11) of Official Intent to
Reimburse Expenditures with Proceeds of a
Borrowing.
8. Competitive Pool Update.
• MOTION to direct staff to bring back an
appropriation for an additional $500,000 for the
STAR swimming program over a 5 year period,
failed by a vote of 3:3 (Slutzky, Thomas,
Mallek).
9. SEEA Grant Proposal Update.
• ADOPTED, by a vote of 5:1, (Boyd) the
attached resolution.
Clerk: Forward copy of signed resolution to
Sarah Temple and County Attorney’s Office.
(Attachment 12)
10. Resource Management Review Update.
• In the July status report, the Board would like
to discuss further the following issues:
Outcome measurements for AHIP and PHA,
Parks and Recreation reporting relationships,
value engineering, quarterly reports from
agencies outside of the County (cost benefit
analysis), with other Board members planning
to send suggestions by e-mail.
County Executive Staff: Proceed as directed.
Non-Agenda.
• The Board took a recess at 11:29 a.m. and
reconvened at 11:36 a.m.
11. Albemarle County Debt Financing - 2009.
• ADOPTED, by a vote of 6:0,the attached
Resolution (Attachment 13) authorizing the
proposed plan of lease financing with the
Economic Development Authority of Albemarle
County, Virginia, for the acquisition,
construction and equipping of the Hollymead
Fire Station and the replacement of certain fire
and EMS vehicles.
Clerk: Forward copy of signed resolution to
Richard Wiggins, Brenda Neitz, Laura Vinzant,
EDA and County Attorney’s Office.
(Attachment 13)
12. Third Quarter Financial Report.
• RECEIVED.
13. Public Hearing: FY09 Annual Plan for the
administration of the Housing Choice Voucher
Program.
• APPROVED, by a vote of 6:0, the FY09
Annual Plan without any changes, and
AUTHORIZED the County Executive to
execute the required Civil Rights Certification
and the PHA Certifications of Compliance.
Ron White: Proceed as approved.
14. Public Hearing: The Field School of Charlottes-
ville Lease of the Old Crozet Elementary School.
• APPROVED the lease with the Field School of
Charlottesville and AUTHORIZED the County
Executive to sign the lease on behalf of the
County.
George Shadman/Michael Freitas: Proceed as
approved.
15. Closed Meeting.
• At 12:16 p.m., the Board went into closed
meeting to consider appointments to boards,
committees, and commissions; to conduct an
administrative evaluation; and to discuss with
legal counsel and staff specific matters
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requiring legal advice relating to the
Meadowcreek Parkway.
16. Certify Closed Meeting.
• At 2:12 p.m., the Board reconvened into open
meeting and certified the Closed Meeting.
17. Appointments: Boards and Commissions.
• Appointed Sally Thomas to the Rivanna
Water and Sewer Authority, as the Board of
Supervisors’ representative.
• Appointed Ken Boyd to the Rivanna Solid
Waste Authority, as the Board of Supervisors’
representative.
• Appointed James Byrom to the Natural
Heritage Committee, to fill an unexpired term
that will expire on September 30, 2012.
• Reappointed M. Waltine Eubanks to the
Advisory Council on Aging, with said term to
expire May 31, 2011.
• Reappointed David vanRoijen to the
Agricultural and Forestal District Advisory
Committee, with said term to expire April 17,
2013.
• Reappointed Christine Devine to the Historic
Preservation Committee, with said term to
expire June 4, 2012.
• Reappointed Dr. Donna Plasket to the
Piedmont Virginia Community College Board,
with said term to expire June 30, 2013.
• Reappointed Julia Monteith to the Planning
Commission, as the University of Virginia
representative, with said term to expire
December 31, 2010.
Clerk: Prepare appointment/reappointment
letters, update Boards and Commissions book,
webpage, and notify appropriate persons.
18a. VDOT Monthly Report.
• Allan Sumpter provided the following additional
updates:
• Mr. Rooker asked if the discussions have
moved any further along on the Broomley
Road Bridge. Mr. Sumpter replied they are
moving along. Improvements should occur
sometime during the summer.
• With work scheduled to proceed on
Lanetown Road, Ms. Thomas suggested
that VDoT keep a close eye on how
Buckingham Railroad makes its repairs.
• Mr. Rooker asked VDoT to reconsider
using green paint for the crossings on
Georgetown Road. Mr. Sumpter replied
that the Federal Highway Administration
makes that determination and will not allow
them to use the green paint.
• On Georgetown Road, Ms. Thomas
suggested that the bus stops and
crosswalks not be in identical locations so
the bus stops do not stop on top of the
crosswalk. If they are in the same
locations, the person trying to catch the
bus is left without a crosswalk to cross the
road.
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• Mr. Boyd asked if VDoT has any plans to
make the Route 250/Rolkin Road
pedestrian friendly. Mr. Benish said staff
has been working with Facilities
Development to get that into their Work
Program for the next fiscal year. The first
step is a design study to determine the
type of necessary improvements.
• Mr. Sumpter stated that work is
progressing for the four-way stop
installation at Woodlands and Raes Ford
Roads.
• Mr. Sumpter updated Board members on
VDoT’s summer paving schedules. He
explained the types of treatments and the
areas of the County where the paving will
occur.
• Mr. Sumpter said his Residency budget
has now been cut from $13.0 million to
approximately $7.0 million. There are
going to be changes in level of service,
and as organizational changes occur,
VDoT will have to prioritize their work and
handle things as efficiently as possible.
• Referring to the monthly report, Ms.
Thomas asked about the status of the
Meadow Creek Parkway, “project risks:
failure of RWSA to execute permit with
Norfolk Southern Railroad”. Mr. Sumpter
replied that is ongoing and could
potentially delay some of the work. He is
not sure of the exact status.
• Ms. Mallek asked if stripping of Garth
Road is still on VDoT’s list of priorities. Mr.
Sumpter said that is still on the stripping
schedule for the summer.
• Ms. Mallek asked about the counting
cords. Mr. Sumpter said VDoT goes
through a periodic count; some is done on
certain amounts of roads every year as
part of the standard practice.
18b. Transportation Matters not Listed on the Agenda.
David Slutzky:
• Discussed the delay in the Hillsdale safety
project and VDoT’s Office of Civil Rights
rejection of the bid. Asked what will be done to
move forward. Mr. Letteri responded that the
bid requirements include a specification that
the low bidder meet or attempt to meet the
DBE requirement. In the future, the County
hopes to team with some local contractors to
do a work session on the DBE requirements,
and VDoT’s expectations to make sure they
are conforming. He added that they are
proceeding with the next low bidder and hope
to determine in the next week or so if this
bidder meets the qualifications. The
alternative is to rebid the project.
Clerk: Forward comments to Sue Kennedy
and Allan Sumpter.
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18c. Draft United Jefferson Area Mobility (UnJam) Plan
2035.
• ADOPTED, by a vote of 6:0, the attached
resolution.
Clerk: Forward adopted resolution to Melissa
Barlow, TJPDC. (Attachment 14)
Board recessed at 2:54 p.m. and reconvened at
3:00 p.m.
19. Work Session: Joint Meeting with Planning
Commission, re: Wind turbines.
• HELD.
• CONSENSUS to proceed with development of
a tiered approach for consideration and move
through the process, with no lighting.
Mark Graham: Proceed through Commission
process and bring back to Board when ready.
Board recessed at 4:30 p.m. and Reconvened
at 4:36 p.m.
20. Work Session: Stormwater Regulator
Considerations.
• HELD.
• CONSENSUS to support and bring forward the
five changes as set out in staff report:
1. Reduce the minimum parking space
requirement for professional office space.
2. Require stronger on-site stormwater
protections when surface parking lots will
exceed the County’s maximum limit on
parking spaces.
3. Increase the percentage of parking lot
area that must be landscaped with
vegetation, while granting developers the
flexibility to use on-site stormwater
facilities to: (1) meet the landscaping
requirement, and (2) satisfy a Code
provision that allows developers to reduce
the length of individual parking spaces
(and thereby reduce the size of the overall
parking lot).
4. Create a firmer time limit on how long
large areas of earth on construction sites
may be left denuded and destabilized.
(Mr. Graham said staff can bring this back
to the Board possibly in July.)
5. Provide more detail about the protective
measures developers and landowners
must take when they opt to enter into an
erosion control agreement with the
County instead of submitting a formal
erosion and sediment control plan. (Mr.
Graham stated this is administrative and
staff will implement and make effective
now.)
Mark Graham: Proceed through Commission
process and bring back to Board when ready.
ewj/mrh
Attachment 1 – Proclamation - National Tourism Week
Attachment 2 - Proclamation - National Law Enforcement Officer’s Week
Attachment 3 – Proclamation - Public Service Recognition Week
Attachment 4 - Proclamation – Letter Carrier Food Drive Day
Attachment 5 - Resolution - Dutnell Easement
Attachment 6 – Resolution - Treesdale Park
Attachment 7 – Resolution - Treesdale Park
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Attachment 8 – Resolution - Authorize the County Executive to make grant applications and accept grants
on behalf of the County.
Attachment 9 - Resolution - Tanager Woods
Attachment 10 – Resolution - Annual Resolution of Appropriations for FY 09/10
Attachment 11 – Resolution of Official Intent to Reimburse Expenditures with Proceeds of a Borrowing
Attachment 12 – Resolution to support the SEEA Grant Application
Attachment 13 – Resolution authorizing the proposed plan of lease financing with the Economic
Development Authority of Albemarle County, Virginia for the acquisition, construction and
equipping of the Hollymead Fire Station and the replacement of certain fire and EMS
vehicles.
Attachment 14 – Resolution Endorsing the UnJAM 2035 Plan
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ATTACHMENT 1
National Tourism Week
WHEREAS, the travel and tourism industry in Albemarle County is vital to our economic stability and
growth; and it contributes significantly to our County’s cultural and social climate; and
WHEREAS, the travel and tourism industry supports the vital interests of the Albemarle County
community, contributing to our employment, economic prosperity, international travel and
relations, peace, understanding and good will; and
WHEREAS, in 2007 the Virginia Tourism Corporation reported $268.0 million in tourism revenues
attributed to County businesses; and approximately 4,764 people work in fields in
Albemarle County directly related to the hospitality industry, including lodging, food service,
and attractions; and
WHEREAS, the Tourism Fund in Albemarle County provides significant monetary support to the
County’s Acquisition of Conservation Easements (ACE) program which preserves and
protects critical rural resources; and
WHEREAS, every citizen in Albemarle County benefits from the tourism industry; and it is fitting that we
recognize the importance of travel and tourism.
NOW, THEREFORE, BE IT RESOLVED, that I, David Slutzky, Chairman of the Albemarle County Board
of Supervisors, do hereby proclaim the week of
May 9 through May 17, 2009
as
NATIONAL TOURISM WEEK
in Albemarle County, and I call upon all citizens to recognize the value of the tourism
industry in our community and to observe this week with appropriate ceremonies and
activities.
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ATTACHMENT 2
National Law Enforcement Officer’s Week
WHEREAS, May 15 of each year was proclaimed "Police Officer's Memorial Day" by President John F.
Kennedy on October 1, 1962, in honor of those peace officers who, through their courageous
deeds, have lost their lives or become disabled in the performance of duty; and
WHEREAS, Albemarle County is faithfully served by a professional and committed Police Department
whose men and women are dedicated to providing outstanding service to the community;
and
WHEREAS, these days of increasing fear, rising crime, reckless acts of violence, recall to our minds
President Kennedy's words of praise for these officers as "truly men and women of
courage, judgment and dedication”; and
WHEREAS, we share his sentiments and agree that it is time to remind the public of the day-by-day
heroism of our officers, both those on active duty and those who have given their lives in the
line of duty; and
WHEREAS, we will be recognizing Police Memorial Day in Albemarle County with a special ceremony to
be held on May 15, 2009;
NOW, THEREFORE, I, David Slutzky, Chairman, on behalf of the Albemarle Board of County Supervisors,
do hereby declare and set aside the week of
May 10 through May 20, 2009, as
NATIONAL LAW ENFORCEMENT OFFICER’S WEEK
and call upon all citizens to recognize the significant efforts and accomplishments of these
officers.
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ATTACHMENT 3
Public Service Recognition Week 2009
WHEREAS, Americans are served every single day by public servants at the federal, state, county,
and city levels. These unsung heroes do the work that keeps our nation working; and
WHEREAS, public service is among the most demanding and noble of professions; and
WHEREAS, Public Service Recognition Week is observed annually to celebrate and recognize the
valuable service that millions of public servants provide to the nation; and
WHEREAS, over 500 Albemarle County Local Government employees work tirelessly throughout the
year to serve our residents, businesses, and visitors, providing them with the highest level
of customer service and maintaining careful stewardship of the resources with which they
have been entrusted; and
WHEREAS, without these public servants at every level, continuity would be impossible in a
democracy that regularly changes its leaders and elected officials; and
WHEREAS, we appreciate the many accomplishments and contributions made daily by these public
servants;
NOW, THEREFORE, BE IT RESOLVED that we, the Albemarle County Board of Supervisors, do
proclaim
May 4 through May 10, 2009 as
Public Service Recognition Week
and call upon the citizens of Albemarle County to join their fellow citizens across the
County to recognize crucial role of public employees.
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ATTACHMENT 4
Letter Carrier Food Drive Day
WHEREAS, in May, 2008, the National Association of Letter Carriers, assisted by the U. S. Postal
Service, held its 17th Annual Food Drive for the Charlottesville-Albemarle area food banks;
and
WHEREAS, this one-day project garnered more than 37,000 pounds of food which was channeled by
the Thomas Jefferson Area Food Bank to more than 100 different agencies serving the
County of Albemarle, the City of Charlottesville, and seven surrounding counties; and
WHEREAS, the National Association of Letter Carriers, in conjunction with Feeding America, the
Thomas Jefferson Area Food Bank and the U. S. Postal Service will be collecting
nonperishable food items on Saturday, May 9, 2009; and
WHEREAS, on Saturday, May 9, 2009, every postal customer can leave nonperishable food items in
bags near their mail boxes. When the letter carrier comes by delivering mail on his or her
route, the food will be collected, taken back to the Main Post Office and delivered to
Feeding America – Thomas Jefferson Area Food Bank.
NOW, THEREFORE, I, David Slutzky, Chairman, on behalf of the Albemarle County Board of
Supervisors, do hereby recognize
Saturday, May 9, 2009 as
LETTER CARRIER FOOD DRIVE DAY
in Albemarle and call upon all citizens to recognize the significance of this event and to
help make the event a success.
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ATTACHMENT 5
RESOLUTION ACCEPTING OFFER TO SELL
A CONSERVATION EASEMENT UNDER THE ACE PROGRAM
WHEREAS, the County has received an offer to sell a conservation easement under the ACE
Program from the owner(s) of the following properties:
Dutnell Property TM 99, Parcel 36C ( 89.883 acres)
TM 99, Parcel 38 ( 62.998 acres)
Total (152.881 acres)
WHEREAS, the owner(s) offered to sell a conservation easement on the respective properties to
the County for a fixed purchase price, subject to terms and conditions set forth in the proposed deed of
easement enclosed with the County’s invitation to offer to sell, subject to any further revisions deemed
necessary by the County Attorney and agreed to by the owner; and
NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors hereby accepts the offer to
sell a conservation easement for each of the properties described above, and authorizes the County
Executive to execute all documents necessary for completing the acquisitions.
BE IT FURTHER RESOLVED that the Board of Supervisors hereby directs the County Attorney to
send copies of this resolution to the owner(s) of the properties identified herein, or their contact persons.
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ATTACHMENT 6
RESOLUTION
WHEREAS, the County of Albemarle is committed to ensuring that safe, decent,
affordable, and accessible housing is available for all residents; and
WHEREAS, the County of Albemarle is committed to improving the livability of all neighborhoods
and access to support services by residents; and
WHEREAS, the County of Albemarle is committed to preserving existing and promoting the
development of new affordable housing stock; and
WHEREAS, Treesdale, LP is applying for Federal Housing Tax Credits to develop 88 units of
rental housing located on East Rio Road and known as Treesdale Park; and
WHEREAS, all proposed units in the development will be restricted to households with incomes
at or below 60% of the area median income; and
WHEREAS, the Albemarle County Office of Housing proposes the use of Housing Choice
Vouchers to provide project-based assistance for up to 22 of the proposed housing units with household
incomes limited to those families at or below 40% of the area median income;
NOW, THEREFORE, BE IT RESOLVED that the County of Albemarle supports Treesdale, LP’s
application for tax credits and authorizes the County Executive to sign the Local CEO Support Letter.
The County of Albemarle also supports the commitment of up to 22 project-based vouchers to provide
rental assistance for households with incomes at or below 40% AMI provided that the U.S. Department of
Housing and Urban Development (HUD) continues to provide sufficient financing to meet the
commitment.
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ATTACHMENT 7
RESOLUTION
WHEREAS, the County of Albemarle is committed to ensuring that safe, decent,
affordable, and accessible housing is available for all residents; and
WHEREAS, the County of Albemarle is committed to improving the livability of all neighborhoods
and access to support services by residents; and
WHEREAS, the County of Albemarle is committed to preserving existing and promoting the
development of new affordable housing stock; and
WHEREAS, the access to and use of federal low-income housing tax credits (LIHTC) as source
of equity financing for affordable housing is critical in ensuring financial feasibility; and
WHEREAS, the Virginia Housing Development Authority (VHDA) administers the LIHTC program
on a competitive basis; and
WHEREAS, applicants may receive additional points in the competitive process if the proposed
development is in a revitalization area as defined by VHDA and certified by the locality; and
WHEREAS, the Treesdale Park development of 88 affordable rental units is proposed on a site
which meets VHDA’s definition of “blighted, deteriorated, deteriorating or, if not rehabilitated, likely to
deteriorate by reason that the buildings, improvements, or other facilities in such area are subject to one
or more of the following conditions – dilapidation, obsolescence, overcrowding, inadequate ventilation,
light, or sanitation, excessive land coverage, deleterious land use, or faulty or otherwise inadequate
design, quality or condition … and, private enterprise and investment are not reasonably expected,
without assistance, to produce the construction or rehabilitation of decent, safe and sanitary housing and
supporting facilities that will meet the needs of the low and moderate income persons or families in such
areas and will induce other persons and families to live within such area and thereby create a desirable
economic mix of residents in such area” by virtue of the existence of two vacant, deteriorating structures
sitting on approximately six acres of land in one of the County’s designated growth areas.
NOW, THEREFORE, BE IT RESOLVED that the County of Albemarle certifies that the proposed
Treesdale Park site meets VHDA’s definition of a revitalization area recognizing that equity investments
from the acquisition and sale of tax credits are necessary to make the development financially feasible
and authorizes the County Executive to sign the Revitalization Area Certification.
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ATTACHMENT 8
RESOLUTION TO AUTHORIZE THE COUNTY EXECUTIVE TO MAKE GRANT APPLICATIONS
AND ACCEPT GRANTS ON BEHALF OF THE COUNTY
WHEREAS, the County of Albemarle finds it appropriate that the County pursue grant
opportunities that might provide enhanced funding for important County initiatives; and
WHEREAS, grant application processes generally require that a grant application or proposal,
certifications, and other supporting or related contracts or documents be submitted to complete an
application or to accept grant funding; and
WHEREAS, to ensure that the County is well-positioned to apply for and receive grants, it is
important to have an efficient process in place to meet the tight timetables often associated with many
requests for proposals for grant funding or the acceptance of such funding; and
WHEREAS, the efficiency of government is improved by delegating to the County Executive the
authority to apply for and accept grant funding opportunities.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby
authorizes the County Executive, or his designee, to act on behalf of the County to execute grant
applications or proposals along with any necessary certifications and supporting or related contracts or
documents required to obtain or accept a grant, provided that such documents are approved as to form
and content by the County Attorney.
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ATTACHMENT 9
R E S O L U T I O N
WHEREAS, the street(s) in Tanager Woods Subdivision, as described on the attached
Additions Form AM-4.3 dated May 6, 2009, fully incorporated herein by reference, is shown on plats
recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the
Board that the street(s) meet the requirements established by the Subdivision Street Requirements of the
Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors
requests the Virginia Department of Transportation to add the street(s) in Tanager Woods, as described
on the attached Additions Form AM-4.3 dated May 6, 2009, to the secondary system of state highways,
pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as
described, exclusive of any necessary easements for cuts, fills and drainage as described on the
recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
18
ATTACHMENT 10
ANNUAL RESOLUTION OF APPROPRIATIONS
OF THE COUNTY OF ALBEMARLE
FOR THE FISCAL YEAR ENDING JUNE 30, 2010
A RESOLUTION making appropriations of sums of money for all necessary expenditures of the COUNTY OF
ALBEMARLE, VIRGINIA, for the fiscal year ending June 30, 2010; to prescribe the provisions with respect to the
items of appropriation and their payment; and to repeal all previous appropriation ordinances or resolutions
that are inconsistent with this resolution to the extent of such inconsistency.
BE IT RESOLVED by the Albemarle County Board of Supervisors:
SECTION I - GENERAL GOVERNMENT (Fund 1000)
That the following sums of money be and the same hereby are appropriated from the GENERAL FUND to be
apportioned as follows for the purposes herein specified for the fiscal year ending June 30, 2010:
Paragraph One: TAX REFUNDS, ABATEMENTS, & OTHER REFUNDS:
Refunds and Abatements $169,500
Paragraph Two: GENERAL MANAGEMENT AND SUPPORT
Board of Supervisors $587,011
County Attorney $897,522
County Executive $1,229,972
Department of Finance $3,997,875
Department of Human Resources $1,071,197
Department of Information Technology $2,556,948
Voter Registration/ Elections $482,177
$10,822,702
Paragraph Three: JUDICIAL
Circuit Court $104,063
Clerk of the Circuit Court $687,202
Commonwealth's Attorney $899,547
General District Court $22,700
Juvenile Court $133,359
Magistrate $4,800
Sheriff's Office $1,964,669
$3,816,340
Paragraph Four: PUBLIC SAFETY
Albemarle County Fire/Rescue Department $6,624,973
Building Codes and Inspections $1,120,365
Community Attention Home $60,149
Department of Police $12,578,068
Emergency Communications Center $1,975,393
Fire Department Contract (City of Charlottesville) $777,878
Fire/Rescue Credit $50,430
Forest Fire Extinguishment $22,656
19
Juvenile Detention Center $719,473
Offender Aid and Restoration (OAR) $155,382
Regional Jail Authority $3,227,959
SPCA Contract $198,106
Thomas Jefferson EMS Council $21,184
Volunteer Fire Departments $1,251,655
Volunteer Rescue Squads $420,255
$29,203,926
Paragraph Five: GENERAL SERVICES / PUBLIC WORKS
Facilities Development Department $658,002
General Services $350,000
Rivanna Solid Waste Authority $3,585,253
$4,593,255
Paragraph Six: HUMAN SERVICES
AIDS Support Group $4,861
Arc of the Piedmont Infant Development Program $8,970
Boys and Girls Club $13,887
Bright Stars Transfer $647,086
BRMC - Latino Lay Health Promoter $5,445
Charlottesville Free Clinic $114,636
Children, Youth and Family Services (CYFS) $97,614
Commission on Children & Families (CCF) $248,936
Comprehensive Services Act Transfer $2,710,747
Computers4Kids $15,617
Department of Social Services $11,257,067
Health Department $551,444
JAUNT $876,442
Jefferson Area Board on Aging (JABA) $280,478
Jefferson Area CHIP $317,144
Legal Aid Justice Center $38,494
Madison House $10,370
Music Resource Center $6,335
Northwestern Virginia Health Systems $4,723
Piedmont CASA $8,925
Piedmont Virginia Community College (PVCC) $23,475
Piedmont Workforce Network $13,805
Region Ten Community Services $569,531
Sexual Assault Resource Agency (SARA) $23,690
Shelter for Help in Emergency (SHE) $89,974
Tax Relief for Elderly/Disabled $1,000,000
United Way $119,507
Urban Vision $24,463
$19,083,666
Paragraph Seven: PARKS, RECREATION AND CULTURE
African American Festival $3,000
Ash-Lawn Highland $10,164
Darden Towe Park Transfer $155,862
Department of Parks & Recreation $2,251,277
20
Jefferson-Madison Regional Library $3,173,138
Literacy Volunteers $26,355
Municipal Band $18,190
Piedmont Council of the Arts $12,594
Virginia Discovery Museum $11,978
Virginia Festival of the Book $11,960
Virginia Film Festival $16,380
Visitors Bureau $707,044
WVPT Public Television $5,463
$6,403,405
Paragraph Eight: COMMUNITY DEVELOPMENT
Albemarle Housing Improvement Program (AHIP) $416,328
Alliance for Community Choice in Transportation $6,500
Central Virginia Small Business Development Center $7,800
Charlottesville Transit Service $666,634
Department of Community Development $4,962,988
Housing Office $756,158
Monticello Area Community Action Agency (MACAA) $150,083
Piedmont Housing Alliance (PHA) $113,396
Planning District Commission (TJPDC) $108,292
Soil and Water Conservation $96,239
Stream Watch $10,816
VPI Extension Service $201,290
$7,496,524
Paragraph Nine: CAPITAL OUTLAYS
Transfer to General Government Capital Improvements Fund - Recurring $681,958
Transfer to Schools Capital Improvements Fund $1,034,000
Transfer to Storm Water Fund $250,000
$1,965,958
Paragraph Ten: REVENUE SHARING AGREEMENT
Revenue Sharing Agreement $18,038,878
Paragraph Eleven: OTHER USES OF FUNDS
Board Contingency Reserve $96,745
Salary Contingency - Reclassifications $100,000
VERIP One-Time Payout $140,000
Transfer to General Government Debt Service $2,784,935
Transfer to School Division Debt Service $14,956,864
Transfer to School Fund - Recurring $100,150,577
$118,229,121
Paragraph Twelve: ANTICIPATED SAVINGS
Anticipated Salary Savings - Frozen Positions ($831,803)
Total GENERAL FUND appropriations for the fiscal year ending June 30, 2010: $218,991,472
21
To be provided as follows:
Revenue from Local Sources $189,439,770
Revenue from Local Sources - Transfers $1,780,807
Revenue from the Commonwealth $23,486,237
Revenue from the Federal Government $4,138,383
Revenue from Fund Balance $146,275
Total GENERAL FUND resources available for fiscal year ending June 30, 2010: $218,991,472
SECTION II: REGULAR SCHOOL FUND (Fund 2000)
That the following sums of money be and the same hereby are appropriated for SCHOOL purposes herein
specified to be apportioned as follows for the fiscal year ending June 30, 2010:
Paragraph One: REGULAR SCHOOL FUND
Administration, Attendance & Health $8,661,624
Facilities Construction/ Modification $107,600
Facilities Operation/ Maintenance $14,711,969
Instruction $109,256,919
Pupil Transportation Services $8,717,314
Technology $3,173,993
Other Uses of Funds $4,349,069
Total REGULAR SCHOOL FUND appropriations for fiscal year ending June 30, 2010: $148,978,488
To be provided as follows:
Revenue from Local Sources (General Fund Transfer) $100,150,577
Revenue from Other Local Sources $675,278
Revenue from School Fund Balance, Carry-Over, Transfers $2,224,000
Revenue from the Commonwealth $43,260,327
Revenue from the Federal Government $2,668,306
Total REGULAR SCHOOL FUND resources available for fiscal year ending June 30, 2010: $148,978,488
SECTION III: OTHER SCHOOL FUNDS
That the following sums of money be and the same hereby are appropriated for the purposes herein specified to
be apportioned as follows for the fiscal year ending June 30, 2010:
Paragraph One: FOOD SERVICES (Fund 3000)
Maintenance/ Operation of School Cafeterias $4,796,913
Summer Feeding $304,000
22
Total FOOD SERVICES appropriations for fiscal year ending June 30, 2010: $5,100,913
To be provided as follows:
Revenue from Local Sources $3,519,206
Revenue from the Commonwealth $60,784
Revenue from the Federal Government $1,520,923
Total FOOD SERVICES resources available for fiscal year ending June 30, 2010: $5,100,913
Paragraph Two: PRE-SCHOOL SPECIAL EDUCATION FUND (Fund 3205)
Special Ed Pre-School Program $67,416
Total PRE-SCHOOL SPECIAL EDUCATION FUND appropriations for fiscal year ending
June 30, 2010: $67,416
To be provided as follows:
Revenue from the Federal Government $67,416
Total PRE-SCHOOL SPECIAL EDUCATION FUND resources available for fiscal year ending
June 30, 2010: $67,416
Paragraph Three: McINTIRE TRUST FUND (Fund 3501)
Payment to County Schools $10,000
Total McINTIRE TRUST FUND appropriations for fiscal year ending June 30, 2010: $10,000
To be provided as follows:
Revenue from Investments Per Trust $10,000
Total McINTIRE TRUST FUND resources available for fiscal year ending June 30, 2010: $10,000
Paragraph Four: PREP PROGRAM
C. B. I. P. Severe (Fund 3201) $1,041,290
E. D. Program (Fund 3202) $826,890
Total PREP PROGRAM appropriations for fiscal year ending June 30, 2010: $1,868,180
To be provided as follows:
Revenue from Tuition and Fees $1,868,180
Total PREP PROGRAM resources available for fiscal year ending June 30, 2010: $1,868,180
Paragraph Five: FEDERAL PROGRAMS
23
Adult Education (Fund 3115) $126,500
Carl Perkins (Fund 3207) $147,231
Chapter I (Fund 3101) $1,235,950
Drug Free Schools (Fund 3107) $40,000
Migrant Education (Fund 3103) $147,050
Title II (Fund 3203) $494,970
English Literacy/Civics (Fund 3221) $166,500
Economically Dislocated Workers (Fund 3116) $55,000
Title III (Fund 3215) $120,000
21st Century Grant (Fund 3219) $163,177
Technology Challenge Grant (Fund 3131) $13,654
Race to GED (Fund 3309) $32,812
Families in Crisis (Fund 3304) $50,000
Total FEDERAL PROGRAMS appropriations for fiscal year ending June 30, 2010: $2,792,844
To be provided as follows:
Revenue from Local Sources $75,050
Revenue from Local Sources (Transfer from School Fund) $50,000
Revenue from the Federal Government $2,667,794
Total FEDERAL PROGRAMS resources available for fiscal year June 30, 2010: $2,792,844
Paragraph Six: COMMUNITY EDUCATION FUND (Fund 3300)
Community Education $1,699,433
Total COMMUNITY EDUCATION FUND appropriations for fiscal year ending June 30, 2010: $1,699,433
To be provided as follows:
Revenue from Local Sources (Tuition) $1,699,433
Total COMMUNITY EDUCATION FUND resources available for fiscal year ending June 30,
2010: $1,699,433
Paragraph Seven: SUMMER SCHOOL (Fund 3310)
Summer School $550,183
Total SUMMER SCHOOL appropriations for fiscal year ending June 30, 2010: $550,183
To be provided as follows:
Revenue from Local Sources (Transfer from School Fund) $239,243
Revenue from Local Sources (Tuition) $171,440
Miscellaneous Revenues $2,000
Revenue from the Commonwealth $137,500
Total SUMMER SCHOOL resources available for fiscal year ending June 30, 2010: $550,183
24
Paragraph Eight: SCHOOL BUS REPLACEMENT (Fund 3905)
School Bus Replacement $500,000
Total SCHOOL BUS REPLACEMENT appropriations for fiscal year ending June 30, 2010: $500,000
To be provided as follows:
Revenue from Local Sources (Transfer from School Fund) $500,000
Total SCHOOL BUS REPLACEMENT resources available for fiscal year ending June 30,
2010: $500,000
Paragraph Nine: AIMR SUMMER RENTAL FUND (Fund 3145)
AIMR Summer Rental $446,010
Total AIMR SUMMER RENTAL FUND appropriations for fiscal year ending June 30, 2010: $446,010
To be provided as follows:
Revenue from Local Sources (rental) $446,010
Total AIMR SUMMER RENTAL FUND resources available for fiscal year ending June 30,
2010: $446,010
Paragraph Ten: INTERNAL SERVICE - VEHICLE MAINTENANCE FUND (Fund 3910)
Vehicle Maintenance 799,536
Total INTERNAL SERVICE VEHICLE MAINTENANCE FUND appropriations for fiscal year
ending June 30, 2010: $799,536
To be provided as follows:
Revenue from Local Sources (Charges) $799,536
Total INTERNAL SERVICE VEHICLE MAINTENANCE FUND resources available for fiscal
year ending June 30, 2010: $799,536
Paragraph Eleven: GENERAL ADULT EDUCATION FUND (Fund 3133)
General Adult Education $19,000
Total GENERAL ADULT EDUCATION FUND appropriations for fiscal year ending June 30,
2010: $19,000
To be provided as follows:
Revenue from Local Sources $9,000
Revenue from the Commonwealth $10,000
25
Total GENERAL ADULT EDUCATION FUND resources available for fiscal year ending June
30, 2010: $19,000
Paragraph Twelve: DRIVERS SAFETY FUND (Fund 3305)
Drivers Safety Fund $401,500
Total DRIVERS SAFETY FUND appropriations for fiscal year ending June 30, 2010: $401,500
To be provided as follows:
Revenue from Local Sources (Tuition) $341,000
Revenue from the Commonwealth $60,500
Total DRIVERS SAFETY FUND resources available for fiscal year ending June 30, 2010: $401,500
Paragraph Thirteen: OPEN DOORS FUND (Fund 3306)
Open Doors Fund $123,000
Total OPEN DOORS FUND appropriations for fiscal year ending June 30, 2010: $123,000
To be provided as follows:
Revenue from Local Sources (Tuition) $120,000
Revenue from Local Sources (Advertisements) $3,000
Total OPEN DOORS FUND resources available for fiscal year ending June 30, 2010: $123,000
Paragraph Fourteen: STATE PROGRAMS
Special Education Jail Program (Fund 3212) $140,408
Algebra Readiness (Fund 3152) $35,000
Individualized Student Alternative Education (Fund 3142) $23,576
Teacher Mentor Program (Fund 3151) $9,586
Total STATE PROGRAMS appropriations for fiscal year ending June 30, 2010: $208,570
To be provided as follows:
Revenue from the Commonwealth $208,570
Total STATE PROGRAMS resources available for fiscal year ending June 30, 2010: $208,570
Paragraph Fifteen: COMMUNITY CHARTER SCHOOL
Community Charter School $330,000
Total COMMUNITY CHARTER SCHOOL appropriations for fiscal year ending June 30, 2010: $330,000
26
To be provided as follows:
Revenue from Local Sources $130,000
Revenue from Federal Sources $200,000
Total TNE PARTNERSHIP GRANT resources available for fiscal year ending June 30, 2010: $330,000
Paragraph Sixteen: COMPUTER EQUIPMENT REPLACEMENT FUND (Fund 3907)
Computer Equipment Replacement Fund $1,000,000
Total COMPUTER EQUIPMENT REPLACEMENT FUND appropriations for fiscal year ending
June 30, 2010: $1,000,000
To be provided as follows:
Revenue from Local Sources (Transfer from School Fund) $1,000,000
Total COMPUTER EQUIPMENT REPLACEMENT FUND resources available for fiscal year
ending June 30, 2010: $1,000,000
Paragraph Seventeen KLUGE-CLUB YANCEY (Fund 3157)
Kluge-Club Yancey $20,000
Total KLUGE-CLUB YANCEY appropriations for fiscal year ending June 30, 2010: $20,000
To be provided as follows:
Revenue from Local Sources $20,000
Total KLUGE-CLUB YANCEY resources available for fiscal year ending June 30, 2010: $20,000
Paragraph Eighteen: FOUNDATION FOR EXCELLENCE (Fund 3502)
Foundation for Excellence $12,000
Total FOUNDATION FOR EXCELLENCE appropriations for fiscal year ending $12,000
To be provided as follows:
Revenue from Local Sources (Miscellaneous) $12,000
Total FOUNDATION FOR EXCELLENCE resources available for fiscal year ending June 30,
2010: $12,000
Paragraph Nineteen: Textbook Replacement Fund
Textbook Replacement $1,000,000
27
Total TEXTBOOK REPLACEMENT FUND appropriations for fiscal year ending $1,300,950
To be provided as follows:
Revenue from Local Sources (Transfer) $1,000,000
Total TEXTBOOK REPLACEMENT FUND resources available for fiscal year ending June 30,
2010: $1,300,950
GRAND TOTAL - OTHER SCHOOL FUNDS $16,948,585
SECTION IV: OTHER SPECIAL REVENUE FUNDS
That the following sums of money be and the same hereby are appropriated for OTHER PROGRAM purposes
herein specified to be apportioned as follows for the fiscal year ending June 30, 2010:
Paragraph One: COMPREHENSIVE SERVICES ACT FUND (Fund 1551)
Comprehensive Services Act Program Expenditures $7,250,000
Total COMPREHENSIVE SERVICES ACT appropriations for fiscal year ending June 30,
2010: $7,250,000
To be provided as follows:
Revenue from Local Sources (Transfer from General Fund) $2,710,747
Revenue from Local Sources (Transfer from School Fund) $1,040,000
Revenue from the Commonwealth $3,458,840
Revenue from Fund Balance $40,413
Total COMPREHENSIVE SERVICES ACT resources available for fiscal year ending June 30,
2010: $7,250,000
Paragraph Two: BRIGHT STARS 4 YEAR OLD PROGRAM FUND (Fund 1553)
Bright Stars Program $1,126,621
Total BRIGHT STARS 4 YEAR OLD PROGRAM FUND appropriations for fiscal year ending
June 30, 2010: $1,126,621
To be provided as follows:
Revenue from Local Sources (Transfer from General Fund) $647,086
Revenue from Local Sources (Transfer from School Fund) $95,535
Revenue from the Commonwealth $384,000
Total BRIGHT STARS 4 YEAR OLD PROGRAM FUND resources available for fiscal year
ending June 30, 2010: $1,126,621
Paragraph Three: TOWE MEMORIAL PARK FUND (Fund 4200)
28
Darden Towe Memorial Park $242,805
Total TOWE MEMORIAL PARK FUND appropriations for fiscal year ending June 30, 2010: $242,805
To be provided as follows:
Revenue from Local Sources (Transfer from the General Fund) $155,862
Revenue from Other Local Sources $86,943
Total TOWE MEMORIAL PARK FUND resources available for fiscal year ending June 30,
2010: $242,805
Paragraph Four: MJ HEALTH GRANT (Fund 1563)
MJ Health Grant $5,000
TOTAL MJ HEALTH GRANT appropriations for fiscal year ending June 30, 2010: $5,000
To be provided as follows:
Revenue From Local Sources $5,000
Total MJ HEALTH GRANT resources available for fiscal year ending June 30, 2010: $5,000
Paragraph Five: COURTHOUSE MAINTENANCE FUND (Fund 9150)
Transfer to General Government Capital Improvements Fund $33,765
TOTAL COURTHOUSE MAINTENANCE FUND appropriations for fiscal year ending June 30,
2010: $33,765
To be provided as follows:
Revenue from Local Sources $33,765
Total COURTHOUSE MAINTENANCE FUND resources available for fiscal year ending June
30, 2010: $33,765
Paragraph Six: TOURISM FUND (Fund 1810)
Tourism Enhancement (Transfer to General Fund) $849,149
Tourism Projects (Transfer to General Government Capital Improvements
Fund) $500,851
Total TOURISM FUND appropriations for fiscal year ending June 30, 2010: $1,350,000
To be provided as follows:
Revenue from Local Sources $1,350,000
Total TOURISM FUND resources available for fiscal year ending June 30, 2010: $1,350,000
29
Paragraph Seven: CRIMINAL JUSTICE PROGRAMS FUND (Fund 1520)
Criminal Justice Grant Programs $690,477
Total CRIMINAL JUSTICE PROGRAMS FUND appropriations for fiscal year ending June 30,
2010: $690,477
To be provided as follows:
Revenue from the Commonwealth (Grant) $690,477
Total CRIMINAL JUSTICE PROGRAMS FUND resources available for fiscal year ending
June 30, 2010: $690,477
Paragraph Eight: VICTIM-WITNESS GRANT FUND (Fund 1225)
Victim-Witness Program $108,272
Total VICTIM-WITNESS GRANT FUND appropriations for fiscal year ending June 30, 2010: $108,272
To be provided as follows:
Revenue from Local Sources (Transfer from General Fund) $32,052
Revenue from the Commonwealth (Grant) $76,220
Total VICTIM-WITNESS GRANT FUND resources available for fiscal year ending June 30,
2010: $108,272
Paragraph Nine: METRO PLANNING GRANT FUND (Fund 1208)
Metropolitan Planning Organization Funding $14,500
Total METRO PLANNING GRANT FUND appropriations for fiscal year ending June 30,
2010: $14,500
To be provided as follows:
Revenue from the Federal Government (Grant) $11,600
Revenue from the Commonwealth (Grant) $1,450
Local Funds (Transfer from the General Fund) $1,450
Total METRO PLANNING GRANT FUND resources available for fiscal year ending June 30,
2010: $14,500
Paragraph Ten: HOUSING ASSISTANCE FUND (Fund 1227)
Family Self-Sufficiency Program (Transfer to General Fund) $292,256
Section 8 Housing Assistance Payments $2,642,424
Total HOUSING ASSISTANCE FUND appropriations for fiscal year ending June 30, 2010: $2,934,680
30
To be provided as follows:
Revenue from the Federal Government $2,934,680
Total HOUSING ASSISTANCE FUND resources available for fiscal year ending June 30,
2010: $2,934,680
Paragraph Eleven: VEHICLE REPLACEMENT FUND (Fund 9200)
Vehicle Replacement $616,785
Total VEHICLE REPLACEMENT FUND appropriations for fiscal year ending June 30, 2010: $616,785
To be provided as follows:
Revenue from Local Sources (Transfer from General Fund) $377,776
Revenue from Other Local Sources $12,000
Revenue from Fund Balance $227,009
Total VEHICLE REPLACEMENT FUND resources available for fiscal year ending June 30,
2010: $616,785
GRAND TOTAL - SPECIAL REVENUE FUNDS $14,372,905
SECTION V - GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND (Fund 9010)
That the following sums of money be and the same hereby are appropriated from the GENERAL GOVERNMENT
CAPITAL IMPROVEMENTS FUND to be apportioned as follows for the purposes herein specified for the fiscal
year ending June 30, 2010:
Paragraph One: COURTS
Court Square Maintenance/Replacement Projects $100,000
Paragraph Two: PUBLIC SAFETY
VFD Fire & EMS Apparatus Replacement $2,737,000
Police Patrol Video Cameras $125,000
$2,862,000
Paragraph Three: PUBLIC WORKS
County Facilities - Maintenance/Replacement $610,000
Ivy Landfill Remediation $1,100,000
Keene Landfill Closure $50,000
Moores Creek Septage Receiving $171,000
Storage Facility Lease (Tr to General Fund) $54,000
31
$1,985,000
Paragraph Four: COMMUNITY/NEIGHBORHOOD DEVELOPMENT
Neighborhood Implementation Plan Program $850,000
Sidewalk Construction Program $263,000
Transportation Improvement Program - Regional $100,000
$1,213,000
Paragraph Five: HUMAN DEVELOPMENT
JAUNT (Tr to General Fund) $150,950
Paragraph Six: PARKS, RECREATION & CULTURE
County Athletic Field Development $44,000
Greenway Program $50,000
Paramount Theater $33,000
Park Enhancements $100,000
Parks - Maintenance/Replacement $190,000
River and Lake Access Improvements $35,000
$452,000
Paragraph Seven: LIBRARIES
Central Library Maintenance/Replacement $55,000
Paragraph Eight: TECHNOLOGY AND GIS
County Server/Infrastructure Upgrade $375,000
Paragraph Nine: ACQUISITION OF CONSERVATION EASEMENTS
Acquisition of Conservation Easements (ACE) Program $950,000
Paragraph Ten: CONTINGENCY FUNDS
Contingency Funds $1,349,050
Total GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND appropriations for fiscal
year ending June 30, 2010: $9,492,000
To be provided as follows:
Revenue from Local Sources (Tourism Fund Transfer) $500,851
Revenue from Local Sources (General Fund Transfer) $681,958
Other Local Sources (including Proffers) $673,449
Loan Proceeds $3,112,000
Use of Fund Balance $4,523,742
Total GENERAL GOVERNMENT CAPITAL IMPROVEMENTS FUND resources available for
fiscal year ending June 30, 2010: $9,492,000
32
SECTION VI: SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND (Fund 9000)
That the following sums of money be and the same hereby are appropriated from the SCHOOL DIVISION
CAPITAL IMPROVEMENTS FUND for the purposes herein specified to be apportioned as follows for the fiscal
year ending June 30, 2010:
Paragraph One: EDUCATION (SCHOOL DIVISION)
Administrative Technology $175,000
Crozet Elementary Addition/Renovation $395,000
Greer Elementary School Addition/Renovation $80,000
Gymnasium HVAC and Lighting Replacement $1,794,000
Henley Auxiliary PE/Meeting Space $200,000
Instructional Technology $550,000
Maintenance/Replacement $3,789,000
Storage Facility Lease $139,000
Technology Grant $700,000
Total SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND appropriations for fiscal year
ending June 30, 2010: $7,822,000
To be provided as follows:
Revenue from Local Sources (General Fund Transfer) $1,034,000
Proffers $50,000
Interest Earned $100,000
State Technology Grant $700,000
VPSA Bonds $5,738,000
Fund Balance $200,000
Total SCHOOL DIVISION CAPITAL IMPROVEMENTS FUND resources available for fiscal
year ending June 30, 2010: $7,822,000
SECTION VII: STORM WATER CAPITAL IMPROVEMENTS FUND (Fund 9100)
That the following sums of money be and the same hereby are appropriated from the STORM WATER CAPITAL
IMPROVEMENTS FUND for the purposes herein specified to be apportioned as follows for the fiscal year ending
June 30, 2010:
Paragraph One: STORM WATER PROJECTS
Storm Water Control Program $250,000
Total STORM WATER CAPITAL IMPROVEMENTS FUND appropriations for fiscal year
ending June 30, 2010: $250,000
To be provided as follows:
Revenue from Local Sources (Transfer from General Fund) $250,000
33
Total STORM WATER CAPITAL IMPROVEMENTS FUND resources available for fiscal year
ending June 30, 2010: $250,000
SECTION VIII: DEBT SERVICE
That the following sums of money be and the same hereby are appropriated for the function of DEBT SERVICE
to be apportioned as follows from the GENERAL GOVERNMENT DEBT SERVICE FUND and the SCHOOL
DIVISION DEBT SERVICE FUND for the fiscal year ending June 30, 2010:
Paragraph One: SCHOOL DIVISION DEBT SERVICE FUND (Fund 9900)
Debt Service Payments - School Division $14,956,864
Debt Service Payments - PREP $217,938
Total SCHOOL DIVISION DEBT SERVICE appropriations for fiscal year ending June 30,
2010: $15,174,802
To be provided as follows:
Revenue from Local Sources (Transfer from General Fund) $14,956,864
Revenue from Local Sources (PREP Fees) $217,938
Total SCHOOL DIVISION DEBT SERVICE resources available for fiscal year ending June
30, 2010: $15,174,802
Paragraph Two: GENERAL GOVERNMENT DEBT SERVICE FUND (Fund 9910)
Emergency Services Radio System Lease/Debt Service Payment $826,556
Debt Service Payments - General Government $2,231,557
Bond Issuance Cost $10,000
Total GENERAL GOVERNMENT DEBT SERVICE appropriations for fiscal year ending June
30, 2010: $3,068,113
To be provided as follows:
Revenue from Local Sources $283,178
Revenue from Local Sources (Transfer from General Fund) $2,784,935
Total GENERAL GOVERNMENT DEBT SERVICE resources available for fiscal year ending
June 30, 2010: $3,068,113
GRAND TOTAL - DEBT SERVICE FUNDS $18,242,915
TOTAL APPROPRIATIONS MENTIONED IN
SECTIONS I - VIII OF THIS RESOLUTION
FOR THE FISCAL YEAR ENDING June 30, 2010
RECAPITULATION:
34
Appropriations:
Section I General Fund $218,991,472
Section II School Fund $148,978,488
Section III Other School Funds $16,948,585
Section IV Other Special Revenue Funds $14,372,905
Section V General Government Capital Improvements Fund $9,492,000
Section VI School Division Capital Improvements Fund $7,822,000
Section VII Storm Water Capital Improvements Fund $250,000
Section VIII Debt Service $18,242,915
$435,098,365
Less Inter-Fund Transfers
General Fund to School Fund ($100,577,992)
General Fund to Special Revenue Funds ($3,919,993)
General Fund to Capital Improvements Funds ($1,965,958)
General Fund to Debt Service Funds ($17,741,799)
Special Revenue Funds to General Fund ($1,141,405)
Special Revenue Funds to Capital Improvements Funds ($534,616)
School Fund to Self-Sustaining Funds ($2,791,939)
School Fund to Special Revenue Funds ($1,135,535)
School Fund to General Fund ($421,595)
Self-Sustaining Funds to School Fund ($400,000)
Capital Improvements Funds to General Fund ($204,950)
($130,835,782)
GRAND TOTAL - ALBEMARLE COUNTY APPROPRIATIONS $304,262,583
SECTION IX: EMERGENCY COMMUNICATIONS CENTER
That the following sums of money be and the same hereby are appropriated from the EMERGENCY
COMMUNICATIONS CENTER FUND for the purposes herein specified to be apportioned as follows for the fiscal
year ending June 30, 2010:
Paragraph One: EMERGENCY COMMUNICATIONS CENTER FUND
Emergency Communications Center $5,059,909
Total EMERGENCY COMMUNICATIONS CENTER FUND appropriations for fiscal year
ending June 30, 2010: $5,059,909
To be provided as follows:
Albemarle County $1,975,393
City of Charlottesville $1,705,008
University of Virginia $527,468
Revenue from Other Local Sources $243,572
Revenue from the Commonwealth $605,822
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Revenue from the Federal Government $2,646
Total EMERGENCY COMMUNICATIONS CENTER FUND resources available for fiscal year
ending June 30, 2010: $5,059,909
BE IT FURTHER RESOLVED THAT the Director of Finance is hereby authorized to transfer monies from one fund to
another, from time to time as monies become available, sums equal to, but not in excess of, the appropriations made to
these funds for the period covered by this appropriation resolution.
SECTION IX
All of the monies appropriated as shown by the contained items in Sections I through VIII are appropriated upon the
provisos, terms, conditions, and provisions herein before set forth in connection with said terms and those set forth in
this section. The Director of Finance (Richard Wiggans) and Clerk to the Board of Supervisors (Ella W. Jordan) are
hereby designated as authorized signatories for all bank accounts.
Paragraph One
Subject to the qualifications in this resolution contained, all appropriations are declared to be maximum, conditional, and
proportionate appropriations - the purpose being to make the appropriations payable in full in the amount named herein
if necessary and then only in the event the aggregate revenues collected and available during the fiscal year for which
the appropriations are made are sufficient to pay all of the appropriations in full.
Otherwise, the said appropriations shall be deemed to be payable in such
proportion as the total sum of all
realized revenue of the respective funds is to the total amount of revenue estimated
to be available in the said
fiscal year by the Board of Supervisors.
Paragraph Two
All revenue received by any agency under the control of the Board of Supervisors included or not included in its estimate
of revenue for the financing of the fund budget as submitted to the Board of Supervisors may not be expended by the
said agency under the control of the Board of Supervisors without the consent of the Board of Supervisors being first
obtained, nor may any of these agencies or boards make expenditures which will exceed a specific item of an
appropriation.
Paragraph Three
No obligations for goods, materials, supplies, equipment, or contractual services for any purpose may be incurred by any
department, bureau, agency, or individual under the direct control of the Board of Supervisors except by requisition to
the purchasing agent; provided, however, no requisition for items exempted by the Albemarle County Purchasing
Manual shall be required; and provided further that no requisition for contractual services involving the issuance of a
contract on a competitive bid basis shall be required, but such contract shall be approved by the head of the contracting
department, bureau, agency, or individual, the County Attorney, and the Purchasing Agent or Director of Finance. The
Purchasing Agent shall be responsible for securing such competitive bids on the basis of specifications furnished by the
contracting department, bureau, agency, or individual.
In the event of the failure for any reason of approval herein required for such contracts, said contract shall be awarded
through appropriate action of the Board of Supervisors.
Any obligations incurred contrary to the purchasing procedures prescribed in the
Albemarle County
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Purchasing Manual shall not be considered obligations of the County, and the
Director of Finance shall not
issue any warrants in payment of such obligations.
Paragraph Four
Allowances out of any of the appropriations made in this resolution by any or all County departments, bureaus, or
agencies under the control of the Board of Supervisors to any of their officers and employees for expense on account of
the use of such officers and employees of their personal automobiles in the discharge of their official duties shall be paid
at the same rate as that established by the State of Virginia for its employees and shall be subject to change from time to
time to maintain like rates.
Paragraph Five
All travel expense accounts shall be submitted on forms and according to regulations prescribed or approved by the
Director of Finance.
Paragraph Six
All resolutions and parts of resolutions inconsistent with the provisions of this resolution shall be and the same are
hereby repealed.
Paragraph Seven
This resolution shall become effective on July first, two thousand and nine.
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ATTACHMENT 11
RESOLUTION OF OFFICIAL INTENT TO REIMBURSE
EXPENDITURES WITH PROCEEDS OF A BORROWING
WHEREAS, the Albemarle County Board of Supervisors, Virginia (the “Borrower”), intends to
acquire, construct and equip the items and projects set forth in Exhibit A hereto (collectively, the
“Project”); and
WHEREAS, plans for the Project have advanced and the Borrower expects to advance its own
funds to pay expenditures related to the Project (the “Expenditures”) prior to incurring indebtedness and
to receive reimbursement for such Expenditures from proceeds of tax-exempt bonds or taxable debt, or
both;
NOW, THEREFORE, BE IT RESOLVED by the Albemarle County Board of Supervisors that:
1. The Borrower intends to utilize the proceeds of tax-exempt bonds (the “Bonds”) or to
incur other debt, to pay the costs of the Project in an amount not currently expected to exceed
$30,193,839.
2. The Borrower intends that the proceeds of the Bonds be used to reimburse the Borrower
for Expenditures with respect to the Project made on or after the date that is no more than 60 days prior
to the date of this Resolution. The Borrower reasonably expects on the date hereof that it will reimburse
the Expenditures with the proceeds of the Bonds or other debt.
3. Each Expenditure was or will be, unless otherwise approved by bond counsel, either (a)
of a type properly chargeable to a capital account under general federal income tax principles
(determined in each case as of the date of the Expenditure), (b) a cost of issuance with respect to the
Bonds, (c) a nonrecurring item that is not customarily payable from current revenues, or (d) a grant to a
party that is not related to or an agent of the Borrower so long as such grant does not impose any
obligation or condition (directly or indirectly) to repay any amount to or for the benefit of the Borrower.
4. The Borrower intends to make a reimbursement allocation, which is a written allocation
by the Borrower that evidences the Borrower’s use of proceeds of the Bonds to reimburse an
Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid or the
Project is placed in service or abandoned, but in no event more than three years after the date on which
the Expenditure is paid. The Borrower recognizes that exceptions are available for certain “preliminary
expenditures,” costs of issuance, certain de minimis amounts, expenditures by “small issuers” (based on
the year of issuance and not the year of expenditure) and expenditures for construction of at least five
years.
5. The Borrower intends that the adoption of this resolution confirms the “official intent”
within the meaning of Treasury Regulations Section 1.150-2 promulgated under the Internal Revenue
Code of 1986, as amended.
6. This resolution shall take effect immediately upon its passage.
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ATTACHMENT 12
RESOLUTION TO SUPPORT THE SEEA GRANT APPLICATION
WHEREAS, on January 14, 2009, the County of Albemarle passed a resolution to support the
County, City and University working collaboratively to address energy efficiency and climate change; and
WHEREAS, on January 14, 2009, the County of Albemarle passed a resolution requesting
enabling legislation to implement a clean energy financing program, which has been realized in the
passing of the State of Virginia’s Senate Bill 1212; and
WHEREAS, a clean energy financing program is a key component of an effective local energy
alliance, as described in the SEEA grant RFP; and
WHEREAS, the establishment of a local energy alliance or “operating company” as described in
the SEEA grant RFP by localities is dependent upon enabling legislation and can only be developed if
permitted by the Commonwealth of Virginia; and
WHEREAS, with the acknowledgement of Virginia local governments’ current limitations, the
County is pleased to support a SEEA grant proposal; and
WHEREAS, the creation and implementation of a local energy alliance or operating company
would assist the community in achieving important goals and underscores our commitment to energy
efficiency, affordable housing, renewable technologies, and greenhouse gas emissions reduction; and
WHEREAS, the County may request that SEEA or the State of Virginia act as a temporary
operating company for the purposes of the grant, until enabling legislation can be obtained; and
WHEREAS, the County would collaborate with the operating company to develop the capabilities,
programs, and services our community needs with respect to its energy use – education, conservation,
energy efficiency, and renewable generation; and
WHEREAS, the County intends to work closely with the local energy alliance, if established, and
operating company to promote a variety of energy efficiency campaigns and programs (e.g., for owner-
occupied residences, the business/commercial sector, rental properties, neighborhood campaigns, etc.),
and to incorporate workforce and economic development into these campaigns, as well as into the overall
regional effort, through both systemic and episodic strategies; and
WHEREAS, the County will continue to implement an aggressive internal energy conservation
program towards our goal of 30% energy reduction from County buildings by 2012, which includes a goal
of increased use of renewable energy such as solar panels, and the continuation of maintaining our
community demonstration green roof and rain garden projects; and
WHEREAS, the County intends to consider using a portion of the Energy Efficiency and
Conservation Block Grant (EECBG) funds in support of applicable energy efficiency-related programs in
the residential and commercial sectors; and
WHEREAS, the County plans to demonstrate financial support in the near term by pursuit of
competitive energy-related grants, and will continue to contribute staff time, information and resources
towards this overall effort; and
WHEREAS, the County will continue to evaluate opportunities for future financial support of this
effort on a regular basis; and
WHEREAS, the County looks forward to working with our partners on the continued development
and implementation of this effort, and are hopeful for the successful award of the SEEA grant.
NOW THEREFORE, BE IT RESOLVED, that the Albemarle County Board of Supervisors hereby
supports the County, jointly with the City of Charlottesville, applying for SEEA grant funds and will provide
support, in all of the ways described above, helping establish a model community energy efficiency
program so that other localities in the Commonwealth of Virginia, as well as throughout the southeastern
U.S., will be able to replicate this effort.
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ATTACHMENT 13
A RESOLUTION APPROVING A PLAN OF LEASE FINANCING WITH
THE ECONOMIC DEVELOPMENT AUTHORITY OF ALBEMARLE COUNTY, VIRGINIA,
FOR THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF A FIRE STATION AND THE
REPLACEMENT OF FIRE AND EMS APPARATUS
WHEREAS, the Board of Supervisors (the “Board”) of Albemarle County, Virginia (the “County”),
desires to finance and refinance the costs of (a) acquiring, constructing and equipping a fire station to be
known as the Hollymead Fire Station and (b) replacing certain fire and EMS apparatus (collectively, the
“Project”);
WHEREAS, the Economic Development Authority of Albemarle County (the “Authority”) is
authorized under the Industrial Development and Revenue Bond Act (the “Act”) to exercise all the powers
set forth in the Act, which include, among other things, the power (i) to make loans to, among others, a
county in furtherance of the Act, (ii) to finance or refinance and lease facilities for use by, among others, a
county, (iii) to issue its revenue bonds, notes and other obligations from time to time for such purposes
and (iv) to pledge all or any part of its revenues and receipts derived from payments received by the
Authority in connection with its loans or from the leasing by the Authority of such facilities or from any
source, as security for the payment of principal of and interest on any such obligations;
WHEREAS, the Board desires to undertake the financing and refinancing of the Project through a
lease structure with the Authority, pursuant to which the County would lease certain property to the
Authority pursuant to the terms of a Ground Lease (as hereinafter defined) and the Authority would lease
such property back to the County pursuant to the terms of a Lease Agreement (as hereinafter defined);
WHEREAS, until the County acquires fee simple title to the Hollymead Fire Station and can
substitute such property as leased collateral, the Board desires to secure the financing through a lease of
its Monticello Fire Station located on land in the County (with such land, together with all improvements
now or hereafter located thereon being, collectively, the “Property”);
WHEREAS, the Board desires that the Authority (a) issue a tax-exempt bank qualified revenue
note in an aggregate principal amount not to exceed $7,000,000 (the “Note”) pursuant to the terms of the
Lease Agreement between the Authority, the County and the Noteholder (as hereinafter defined) and
(b) lease the Property to the County at a rent sufficient to pay when due the principal of and interest on
the Note;
WHEREAS, the County Executive has requested Davenport & Company LLC, as the County’s
financial advisor (the “Financial Advisor”), to solicit bids from banking institutions for the purchase of the
Note;
WHEREAS, there have been presented to this meeting drafts of the following documents
(collectively, the “Documents”) that the County proposes to execute to carry out the transactions
described above, copies of which shall be filed with the records of the County:
(a) Ground Lease to be dated the date of its delivery (the “Ground Lease”), between the
Authority and the County pursuant to which the County will lease the Property to the
Authority;
(b) Note Purchase Agreement and Lease Agreement to be dated the date of its delivery (the
“Lease Agreement”), between the Authority, the County and the banking institution
selected by the Authority and the County (the “Noteholder”) pursuant to which the
Authority will (1) issue and sell the Note, (2) use the proceeds of the Note to finance the
Project, and (3) lease the Property to the County.
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY,
VIRGINIA:
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1. The following plan for financing the Project is approved. The Authority is hereby
requested to issue the Note in a maximum principal amount not to exceed $7,000,000
and use the proceeds to finance the Project. The County will lease the Property to the
Authority pursuant to the terms of the Ground Lease. Thereafter, the Authority will lease
the Property to the County pursuant to the terms of the Lease Agreement. The County
will undertake to make payments to the Authority of basic rent (“Basic Rent”) and
additional rent (“Additional Rent”) under the terms of the Lease Agreement in amounts
sufficient to amortize the Note and to pay the fees and expenses of the Authority. The
obligation of the Authority to pay principal of and premium, if any, and interest on the
Note will be limited to payments of Basic Rent and Additional Rent received from the
County. The undertaking by the County to make payments of Basic Rent and Additional
Rent will be subject to appropriations from time to time by the Board of sufficient amounts
for such purposes. If the County exercises its right not to appropriate money for such
payments, the Authority shall have the right to exercise any remedies provided in the
Lease Agreement upon an event of non-appropriation, including the right to terminate the
Lease Agreement and exclude the County from possession of the Property. The Note
will be secured by an assignment to the Noteholder of the Authority’s rights to receive
payments of Basic Rent. The plan of financing for the Project shall contain such
additional requirements and provisions as the County Executive may approve and
determine to be in the best interest of the County.
2. Subject to the pricing parameters of the Note described below, the Board hereby
authorizes the County Executive, in consultation with the Financial Advisor and the
Authority, to review the bids from the banking institutions and to select the bid that the
County Executive determines to be in the best interests of the County. The banking
institution submitting such winning bid shall be selected as the Noteholder.
3. The County Executive is authorized and directed to execute the Documents, which shall
be in substantially the forms submitted to this meeting, which are hereby approved, with
such completions, omissions, insertions and changes not inconsistent with this
Resolution as may be approved by the County Executive, his execution to constitute
conclusive evidence of his approval of any such completions, omissions, insertions and
changes. In making completions to the Lease Agreement, the County Executive shall
provide for payments of Basic Rent on terms equivalent to a Note that (a) matures in
installments ending no later than December 31, 2029; (b) has an aggregate principal
amount not exceeding $7,000,000; (c) has a “true” or “Canadian” interest cost not
exceeding 5.0% per year; (d) is subject to optional redemption, if at all, at a premium not
exceeding 1.0% of the principal amount thereof; and (e) is sold to the Noteholder at a
price not less than 99.0% of the aggregate principal amount thereof. Following the sale
of the Note, the County Executive shall file a certificate with the records of the Board of
Supervisors setting forth the final terms of the Note and the Lease Agreement. The
actions of the County Executive in approving the terms of the Note and the Lease
Agreement shall be conclusive, and no further action shall be necessary on the part of
the County. As set forth in the Lease Agreement, the County undertakes to pay from
legally available funds such “late charges” and other charges as described therein.
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 Documents and the completion of the financing.
5. The undertaking by the County to pay any amounts 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 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.
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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 annual 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 Director of Finance, 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. Within 10
days after adoption of the County’s annual budget and related appropriation resolution,
but not later than 10 days after the beginning of each fiscal year, the County Executive is
authorized and directed to deliver to the Authority and the Noteholder a certificate stating
whether an amount equal to or credited to the payment of Basic Rent and Additional Rent
which will be due during such fiscal year has been budgeted and appropriated by the
Board. So long as the Note is outstanding, if at any time during any fiscal year of the
County, the amount appropriated in the County’s annual budget in such fiscal year is
insufficient to pay when due the amounts payable under the Lease Agreement, the Board
directs the County Executive or Director of Finance, or such other officer who may be
charged with the responsibility for preparing the County’s annual budget, to submit to the
Board at its 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 Note 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 due on the Note 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 on the Note 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 of the Note 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
on the Note 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 proceeds
of the Note, 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. All costs and expenses in connection with the undertaking of the Project and the
issuance of the Note, including the Authority’s fees and expenses and expenses of bond
counsel, counsel for the Authority, shall be paid from the proceeds of the Note or other
legally available funds of the County. If for any reason the Note is not issued, it is
understood that all such expenses shall be paid by the County from its legally available
funds and that the Authority shall have no responsibility therefor.
10. 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.
11. 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.
12. The Board requests the Authority to designate the Note as a “qualified tax-exempt
obligation” under Section 265(b)(3)(B) of the Code, and, to the extent required by law,
concurs with such designation. The Board acknowledges that, for purposes of such
designation, the County will not issue, nor approve the issuance of, any tax-exempt
obligations which, taking into account the Note, will result in more than $30,000,000 in
tax-exempt obligations being issued in calendar year 2009, unless the County obtains an
opinion of bond counsel to the effect that such issuance will not adversely affect the
statue of the Note as a “qualified tax-exempt obligation.”
13. This Resolution shall take effect immediately.
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ATTACHMENT 14
Resolution Endorsing the UnJAM 2035 Plan
WHEREAS, the U. S. Department of Transportation (DOT) requires that each urbanized area
over 50,000 population update its long range plan every five years; and
WHEREAS, the Charlottesville-Albemarle Metropolitan Planning Organization (MPO) last
adopted its long range plan, UnJAM 2025 in May 2004; and
WHEREAS, the urban and rural area transportation plans are again combined in UnJAM 2035 to
stress the effects transportation networks have on the entire region and to develop effective regional
solutions; and
WHEREAS, the major goal of the UnJAM 2035 Plan is to create and advance a balanced,
regional multi-modal transportation network; and
WHEREAS, the Thomas Jefferson Planning District Commission (TJPDC) and the
Charlottesville-Albemarle MPO have led the efforts to complete UnJAM 2035 with an extensive public
outreach campaign conducted to solicit input from the community; and
WHEREAS, the UnJAM 2035 addresses future planned transportation projects in the City of
Charlottesville and the urbanized portion of Albemarle County over the next 20 years; and
WHEREAS, the MPO Policy Board seeks to approve the urban portion of the plan in May 2009;
and
NOW, THEREFORE, BE IT RESOLVED THAT the Albemarle County Board of Supervisors
endorses the UnJAM 2035 Plan and supports MPO adoption.