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ACTIONS
Board of Supervisors Meeting of September 8, 2010
September 15, 2010
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
• Meeting was called to order at 5:58 p.m. by
the Chair, Ms. Mallek. Also present were
Bob Tucker, Larry Davis, and Diane Mullins.
4. Recognitions:
a. Proclamation recognizing October 2010 as
Domestic Violence Awareness Month.
• Proclamation was read and presented to
Tina Crawl, Chair of the Board for the
Shelter for Help in Emergency.
b. Proclamation recognizing September 2010
as National Preparedness Month.
• Proclamation was read and presented to
Tom Hanson, Executive Director of
ECC.
(Attachment 1)
(Attachment 2)
5. From the Board: Matters not Listed for Public
hearing on the Agenda.
Ann Mallek:
• Announced the appointment of Tom Foley
as the County Executive for Albemarle
County effective December 31, 2010. Mr.
Foley thanked the Board for their support
and confidence in him, and said he looks
forward to serving the Board and the citizens
of the County.
• ADOPTED, by a vote of 6:0, the attached
resolution.
Duane Snow:
• Attended a meeting regarding the
Chesapeake Bay Clean Water Act and the
TMDL of the Bay. He asked staff if there
was any estimate on the cost involved and
the staff commitment to implement the
programs. Mr. Tucker said that a
presentation will come to the Board in the
future.
• Asked for an update on what the County is
doing for emergency preparedness
preparation.
Dennis Rooker:
• Updated the Board on his tour of the U.S.
Postal Service Building. It could be a great
spot for an LI use.
Rodney Thomas:
• Updated the Board on activities at the
Rockydale Quarry.
Ann Mallek:
• Saturday September 11, at 8:30 a.m., the
Jefferson Country Fire and Rescue
Association will be holding a memorial
(Attachment 3)
Marge Thomas: Schedule overview on
future agenda.
service remembering 9/11.
• Updated the Board on the Forrest to Faucets
Program that is being sponsored by the
Department of Forestry. Contact David
Powell at the Dept. of Forestry for more
information on the program.
• The Artisan Center of Virginia announced
the opening of the Studio School at PVCC.
Classes will begin in January.
6. From the Public: Matters not Listed for Public
hearing on the Agenda.
• Leslie Middleton, Rivanna River Basin
Commission, updated the Board on recent
activities of the Commission, and offered to
provide a presentation on Bay TMDL on a
future agenda.
• Brad Williams, VA Department of Forestry,
commented on access concerns to their
facility.
• Unidentified speaker invited the Board to a
“corn hole” tournament on September 18th at
McGrady’s Irish Pub from 2-5 p.m. to benefit
Camp Holiday Trails.
Clerk: Schedule on future agenda.
7.2 Housing Choice Voucher Program Annual Plan.
• AUTHORIZED the County Executive to
submit the attached VAWA compliance
certification to HUD.
• AUTHORIZED the County Executive to
sign both the Civil Rights Certification
and VAWA Certification each year
during the term of the 5-Year plan,
provided there are no significant
amendments or modifications to the
Plan during its applicable term.
Clerk: Forward signed resolution to Ron
White and County Attorney’s Office.
(Attachment 4)
7.3 Community Development Block Grant for
Oak Hill Sewer Service.
• APPROVED, by a vote of 6:0, the Local
Business and Employment Plan.
• AUTHORIZED the County Executive to
execute the Residential Anti-Displacement
and Relocation Assistance Plan Certification.
• AUTHORIZED the County Executive to
execute the Fair Housing Certification.
Clerk: Forward signed agreements to Ron
White and County Attorney’s Office.
(Attachment 5)
(Attachment 6)
8. Proposed issuance of general obligation school
bonds of Albemarle County in the estimated
maximum principal amount of $7,830,000.
• APPROVED, by a vote of 6:0, the attached
Resolution to authorize the issuance of
bonds in the maximum principal amount of
$7,830,000 to finance certain capital
improvements for the County’s public
schools.
Clerk: Forward resolution to Finance and
County Attorney’s Office.
(Attachment 7)
9. PROJECT: SP-2010-00008. The Canine
Clipper Dog Grooming and Boarding (Sign
#9).
• APPROVED, by a vote of 6:0, subject to the
7 conditions recommended by the Planning
Clerk: Set out conditions of approval.
(Attachment 8)
Commission and staff.
10&
11.
PROJECT: SP-2010-00006. Baugh Auto Body
(Sign #8), and PROJECT: SP-2010-00011.
Baugh Rental Car Outdoor Storage (Sign #8).
• APPROVED, by a vote of 6:0, subject to the
15 conditions recommended by staff and the
Planning Commission.
Clerk: Set out conditions of approval.
(Attachment 8)
12. PROJECT: ZMA-2007-000013. Fontaine
Research Park Expansion (Signs #34&35).
• APPROVED, by a vote of 6:0, ZMA 2007-
0013 with proffers dated August 25, 2010.
(Attachment 9)
13. PROJECT: SP-2007-00055. Fontaine Research
Park - Parking Structures (Signs #34&35).
• APPROVED, by a vote of 6:0, SP-2007-
00055 as recommended by staff and the
Planning Commission.
14. PROJECT: SP-2009-00010. Fontaine Research
Park - Research & Development Activities
(Signs #34&35).
• APPROVED, by a vote of 6:0, SP-2009-
00010 as recommended by staff and the
Planning Commission.
15. PROJECT: SP-2009-00011. Fontaine Research
Park - Laboratories, Medical or Pharmaceutical
(Signs #34&35).
• APPROVED, by a vote of 6:0, SP-2009-
00011 as recommended by staff and the
Planning Commission.
16. PROJECT: SP-2009-00013. Fontaine Research
Park - Hospitals (Signs #34&35).
• APPROVED, by a vote of 6:0, SP-2009-
00013 with 4 conditions as recommended by
staff and the Planning Commission.
Clerk: Set out conditions of approval.
(Attachment 8)
17. PROJECT: SP-2009-00014. Fontaine Research
Park - Supporting Commercial Uses (Signs
#34&35).
• APPROVED, by a vote of 6:0, SP-2009-
00014 with 1 condition as recommended by
staff and the Planning Commission.
• APPROVED, by a vote of 6:0, the
Modification of Section 21.4 – Height
Regulations, which shall allow buildings up
to ninety (90) feet in height. Buildings
located on Natural Resources Drive that are
over thirty-five (35) feet in height shall have
(1) one- ten (10) foot step back. This
modification shall apply to buildings as
shown on the application plan prepared by
the University of Virginia Foundation and
Dewberry & Davis LLC, dated May 3, 2010.
The set back shown on the application plan,
prepared by the University of Virginia
Foundation and Dewberry & Davis LLC,
dated May 3, 2010 shall apply regardless of
the building heights. (If the building is
located in the entrance corridor or can be
seen from the entrance corridor it will be
subject to the approval of the ARB or the
Clerk: Set out conditions of approval.
(Attachment 8)
Design Planner.)
18. From the Board: Matters Not Listed on the
Agenda.
• APPOINTED, by a vote of 6:0, Captain John
Parrent as Acting Police Chief, effective
October 1st, until a permanent Chief is
appointed.
19. Adjourn.
• At 8:22 p.m., the meeting was adjourned to
September 21, 2010, 3:00 p.m., COB 5th
Street, Room A.
/mrh
Attachment 1 – Domestic Violence Awareness Month Proclamation
Attachment 2 - National Preparedness Month
Attachment 3 – Resolution to Appoint and Set Compensation and Benefits for the County Executive
Attachment 4 – Violence Against Women Act (VAWA) Board Resolution
Attachment 5 - Residential Anti-Displacement and Relocation Assistance Plan Certification
Attachment 6 – Fair Housing Certification
Attachment 7 - Resolution to authorize the issuance of bonds in the maximum principal amount of
$7,830,000 to finance certain capital improvements for the County’s public schools.
Attachment 8 – Planning Conditions of Approval
Attachment 9 – Fontaine Research Park Proffers
ATTACHMENT 1
Domestic Violence Awareness Month Proclamation
WHEREAS, violence against women, children, and men continues to become more prevalent as
a social problem in our society; and
WHEREAS, the problems of domestic violence are not confined to any group or groups of people
but cross all economic, racial and societal barriers, and are supported by societal indifference; and
WHEREAS, the crime of domestic violence violates an individual’s privacy, dignity, security, and
humanity, due to systematic use of physical, emotional, sexual, psychological and economic control
and/or abuse, with the impact of this crime being wide-ranging; and
WHEREAS, in our quest to impose sanctions on those who break the law by perpetrating
violence, we must also meet the needs of victims of domestic violence who often suffer grave physical,
psychological and financial losses; and
WHEREAS, it is victims of domestic violence themselves who have been in the forefront of efforts
to bring peace and equality to the home; and
WHEREAS, no one person, organization, agency or community can eliminate domestic violence
on their own—we must work together to educate our entire population about what can be done to prevent
such violence, support victims/survivors and their families, and increase support for agencies providing
services to those community members; and
WHEREAS, the Shelter for Help in Emergency has led the way in the County of Albemarle in
addressing domestic violence by providing 24-hour hotline services to victims/survivors and their families,
offering support and information, and empowering survivors to chart their own course for healing; and
WHEREAS, the Shelter for Help in Emergency commemorates its 31st year of providing
unparalleled services to women, children and men who have been victimized by domestic violence;
NOW THEREFORE, BE IT RESOLVED, in recognition of the important work being done by the
Shelter for Help in Emergency, that I, Ann H. Mallek, Chair of the County of Albemarle Board of
Supervisors, do hereby proclaim the month of October 2010 as DOMESTIC VIOLENCE AWARENESS
MONTH, and urge all citizens to actively participate in the scheduled activities and programs sponsored
by the Shelter for Help in Emergency, and to work toward the elimination of personal and institutional
violence against women, children and men.
ATTACHMENT 2
National Preparedness Month
WHEREAS, “National Preparedness Month” creates an important opportunity for every resident of
Albemarle County to prepare their homes, businesses, and communities for any type of
emergency from natural disasters to potential terrorist attacks; and
WHEREAS, investing in the preparedness of ourselves, our families, businesses, and communities can
reduce fatalities and economic devastation in our communities and in our nation; and
WHEREAS, the Federal Emergency Management Agency’s Ready Campaign, Citizen Corps and other
federal, state, local, private, and volunteer agencies are working to increase public activities
in preparing for emergencies and to educate individuals on how to take action; and
WHEREAS, emergency preparedness is the responsibility of every citizen of Albemarle County and all
citizens are urged to make preparedness a priority and work together, as a team, to ensure
that individuals, families, and communities are prepared for disasters and emergencies of
any type; and
WHEREAS, all citizens of Albemarle County are encouraged to participate in citizen preparedness
activities and asked to review the Ready campaign’s Web sites at ready.gov or listo.gov (in
Spanish) and become more prepared;
ATTACHMENT 3
RESOLUTION TO APPOINT AND SET
COMPENSATION & BENEFITS FOR
THE COUNTY EXECUTIVE
WHEREAS, the County of Albemarle operates under the County Executive Form of Government;
and
WHEREAS, the Board of Supervisors appoints the County Executive to serve at its pleasure and
determines the compensation and benefits to be paid to the County Executive for the performance of his
duties and responsibilities.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby
appoints Thomas C. Foley to be County Executive effective January 1, 2011 to serve at its pleasure, and
sets his fiscal year compensation and benefits as follows:
1) Annual salary of $ 165,000.
2) Annual vehicle allowance of $6,000.
3) Annual deferred Compensation paid by the County in the amount of $16,500.
4) Annual leave equivalent to that of a County employee with twenty one (21) years of
consecutive employment with the County.
5) Such other benefits provided to all County employees in the Personnel Policy &
Procedures Manual.
6) In the event of Board termination or resignation at the request of the Board, the
continuation of salary and health insurance benefits for six months on a monthly basis beginning the next
month after the date of separation from employment.
ATTACHMENT 4
Violence Against Women Act (VAWA)
Annual Certification and Board Resolution
Acting on behalf of the County Board of Supervisors as its County Executive, I approve the submission of
this annual certification for the County’s administration of the Housing Choice Voucher Program making
the following certification to the Department of Housing and Urban Development (HUD) in connection with
the implementation of the Plan:
Albemarle County certifies that it carries out the Housing Choice Voucher Program (HCV) in conformity
with the Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA) and
further certifies that the County uses required language found in the amended HAP Contract and
Tenancy Addendum as described in PIH Notice 2007-5.
ATTACHMENT 5
Residential Anti-Displacement and Relocation Assistance Plan Certification
The County Of Albemarle will replace all occupied and vacant occupiable low/moderate-income dwelling
units demolished or converted to a use other than as low/moderate income dwelling unit as a direct result
of activities assisted with funds provided under the Housing and Community Development Act of 1974, as
amended. All replacement housing will be provided within three (3) years of the commencement of the
demolition or rehabilitation relating to conversion.
Before obligating or expending funds that will directly result in such demolition or conversion, the County
Of Albemarle will make public and advise the state that it is undertaking such an activity and will submit to
the state, in writing, information that identifies:
(1) A description of the proposed assisted activity;
(2) The general location on a map and approximate number of dwelling units by size (number of
bedrooms) that will be demolished or converted to a use other than as low/moderate-income
dwelling units as a direct result of the assisted activity;
(3) A time schedule for the commencement and completion of the demolition or conversion;
(4) The general location on a map and approximate number of dwelling units by size (number of
bedrooms) that will be provided as replacement dwelling units;
(5) The source of funding and a time schedule for the provision of replacement dwelling units;
(6) The basis for concluding that each replacement dwelling unit will remain a
low/moderate-income dwelling unit for at least 10 years from the date of initial occupancy; and
(7) Information demonstrating that any proposed replacement of dwelling units with smaller
dwelling units is consistent with the housing needs of low- and moderate- income households
in the jurisdiction.
The County Of Albemarle will provide relocation assistance to each low/moderate – income household
displaced by the demolition of housing or by the direct result of assisted activities. Such assistance shall
be that provided under Section 104 (d) of the Housing and Community Development Act of 1974, as
amended, or the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended.
The County Of Albemarle’s FY10 project includes the following activities which will not result in demolition
of any residential structures or displacement of residents:
Installation of approximately 5000 feet of sewer line and appurtenances to include service laterals to
dwelling units.
The County Of Albemarle will work with the grant management staff, engineers, project area residents,
and the Department of Housing and Community Development to insure that any changes in project
activities do not cause any displacement from or conversion of occupiable structures.
In all cases, an occupiable structure will be defined as a dwelling that meets local building codes or a
dwelling that can be rehabilitated to meet code for $25,000 or less.
ATTACHMENT 6
Fair Housing Certification
Compliance with Title VIII of the Civil Rights Act of 1968
Whereas, the County of Albemarle has been offered and intends to accept federal funds
authorized under the Housing and Community Development Act of 1974, as amended, and
Whereas, recipients of funding under the Act are required to take action to affirmatively further fair
housing;
Now, Therefore, Be It Resolved, that the County of Albemarle agrees to take at least one action
to affirmatively further fair housing each grant year, during the life of its project funded with Community
Development Block Grant funds. The action taken will be selected from a list provided by the Virginia
Department of Housing and Community Development.
ATTACHMENT 7
RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $7,830,000 GENERAL
OBLIGATION SCHOOL BONDS OF THE COUNTY OF ALBEMARLE, VIRGINIA, TO BE SOLD IN ONE
OR MORE SERIES, 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 an amount not to exceed $7,830,000
and to issue its general obligation school bonds for the purpose of financing certain capital projects for school
purposes; and
WHEREAS, the Board has been informed that on September 9, 2010, the Virginia Public School
Authority’s (“VPSA”) Board of Commissioners intends to approve a series resolution authorizing the issuance
under its 1997 Resolution of one or more series of bonds (the “VPSA Resolution”), the proceeds of which will
be loaned to Virginia localities in connection with its Fall pool financing program (the “Fall Pool”);
WHEREAS, the VPSA Resolution will permit the issuance of one or more series of taxable bonds,
the proceeds of which will be used to purchase “Build America Bonds” issued pursuant to Section 54AA of
the Internal Revenue Code of 1986, as amended (the “Code”), by Virginia Localities participating in the Fall
Pool, upon the request of one or more Virginia localities;
WHEREAS, the County held a public hearing, duly noticed, on September 8, 2010, on the issuance
of the Bonds (as defined below) 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, requested the Board to authorize the
issuance of the Bonds (as hereinafter defined) and consented to the issuance of the Bonds; and
WHEREAS, the Bond Sale Agreement (as defined below) shall indicate that $7,830,000 is the
amount of proceeds requested (the “Proceeds Requested”) from the VPSA in connection with the sale of the
Bonds; and
WHEREAS, 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 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 greater than or less 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 Proceeds Requested by at least the amount of any 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; and
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 one or more series in an
aggregate principal amount not to exceed $7,830,000 (the "Bonds") for the purpose of financing certain
capital projects for school purposes including, without limitation, the projects as described in Exhibit B. The
Chairman of the Board and the County Executive (each, a “Delegate”) are hereby authorized to approve the
issuance of one or more series of Bonds, including the issuance of a series of Bonds the interest on which is
not includable in gross income for Federal income tax purposes (“Tax-Exempt Bonds”) and the issuance of a
series of “Build America Bonds” as described in Section 54AA of the Code (“Build America Bonds”), to make
any elections required under the Code and to designate a portion of such Bonds as Build America Bonds
under the Code, if the Delegate determines, in consultation with VPSA, that it is in the best interest of the
County to do so. 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 VPSA to purchase from the County, and to sell to VPSA, the Bonds at a price, determined by VPSA to
be fair and accepted by a Delegate 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 Purchase Price Objective and market conditions, to generate an amount of proceeds
substantially equal to the Proceeds Requested. Each Delegate is hereby authorized and directed to enter
into one or more Bond Sale Agreements, dated as of October 8, 2010, with VPSA providing for the sale of
the Bonds to VPSA. The agreements shall be in substantially the forms submitted to the Board at this
meeting, which form is hereby approved (the "Bond Sale Agreement"), with such completions omissions,
insertions and changes not inconsistent with this Resolution as may be approved by the Delegate
executing such agreement.
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 2010A-1 (Tax-Exempt)" and “General
Obligation School Bonds, Series 2010A-2 (Federally Taxable – Build America Bonds)” (if designated as Build
America Bonds) or such other designation as the Delegate shall determine; shall bear interest from the date
of delivery thereof payable semi-annually on each January 15 and July 15 beginning July 15, 2011 (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 acceptable to a
Delegate (the "Principal Installments"), subject to the provisions of Section 4 of this Resolution.
4. Interest Rates and Principal Installments. A Delegate is hereby authorized and directed to
accept the interest rates on the Bonds established by VPSA, provided that each interest rate shall be five
one-hundredths of one percent (0.05%) over the interest rate to be paid by VPSA for the corresponding
principal payment date of the bonds to be issued by 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 five and fifty one-hundredths percent (5.50%) per annum in the case of Tax-Exempt Bonds or
seven and fifty one-hundredths percent (7.50%) per annum in the case of Build America Bonds. The Interest
Payment Dates and the Principal Installments are subject to change at the request of VPSA. A Delegate is
hereby authorized and directed to accept changes in the Interest Payment Dates and the Principal
Installments at the request of VPSA, provided that the aggregate principal amount of the Bonds shall not
exceed the maximum principal amount authorized by this Resolution. The execution and delivery of the
Bonds as described in Section 8 hereof shall conclusively evidence such interest rates established by VPSA
and the Interest Payment Dates and the Principal Installments requested by VPSA as having been so
accepted by the Delegate as authorized by this Resolution.
5. Form of the Bonds. The Bonds shall be initially in the form of single, temporary typewritten
bonds substantially in the form attached hereto as Exhibit A with such revisions as are necessary in the case
of the issuance of a series of Build America Bonds.
6. Payment; Paying Agent and Bond Registrar. The following provisions shall apply to the
Bonds:
(a) For as long as 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 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 succeeding 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) U.S. Bank, National Association, Richmond, Virginia, is designated as Bond Registrar and
Paying Agent for the Bonds. 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. The County shall give prompt
written notice to VPSA of the appointment of any successor Bond Registrar and Paying Agent for the Bonds.
7. Prepayment or Redemption.
(a) Tax-Exempt Bonds. The Principal Installments of the Tax-Exempt Bonds held by VPSA
coming due on or before July 15, 2020, and the definitive bonds for which the Tax-Exempt Bonds held by
VPSA may be exchanged that mature on or before July 15, 2020, are not subject to prepayment or
redemption prior to their stated maturities. The Principal Installments of the Tax-Exempt Bonds held by
VPSA coming due after July 15, 2020, and the definitive bonds for which the Tax-Exempt Bonds held by
VPSA may be exchanged that mature after July 15, 2020, 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, 2020,
upon payment of the prepayment or redemption prices (expressed as 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, 2020 through July 14, 2021 101%
July 15, 2021 through July 14, 2022 100½
July 15, 2022 and thereafter 100
Provided, however, that the Principal Installments of the Tax-Exempt 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 Tax-Exempt 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.
(b) Build America Bonds. The Board hereby delegates to a Delegate, either of whom may act,
the authority, subject to the limitations contained herein, to determine the redemption provisions, including
the redemption dates, of the Principal Installments of any Build America Bonds. Based on financial
market considerations, the Principal Installments of the Build America Bonds may (i)(A) contain the option
to be redeemed at a redemption price not to exceed 101% of the principal amount of the bonds to be
redeemed, and/or (B) have a “make whole redemption” price and (ii) upon the occurrence of an
“Extraordinary Event” be optionally redeemed on any business day. The Principal Installments of the
Build America Bonds which are subject to such redemption may be redeemed, before their respective
maturities on any date not earlier than the redemption date, determined as set forth above, in whole or in
part, upon payment of the redemption price, determined as set forth above, plus accrued interest to the
redemption date.
An “Extraordinary Event” will have occurred if a material adverse change has occurred to Section
54AA or Section 6431 of the Code (as such Sections were added by Section 1531 of the American
Recovery and Reinvestment Act of 2009, pertaining to Build America Bonds) pursuant to which the
County’s 35% cash subsidy payment (the “Federal Subsidy”) from the United States Treasury is reduced
or eliminated.
Provided, however, that the Principal Installments of the Build America 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 to be issued as Build America 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 and Vice Chairman of the Board (either of whom may
act) and the Clerk and any Deputy Clerk of the Board (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, 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 other officer or officers of the County as either may designate 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 Tax-Exempt Bonds and on the corresponding VPSA Bonds or the qualification of any Build America
Bonds to qualify as “Build America Bonds” under the Code. 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 (i) interest on any Tax-Exempt Bonds and on the corresponding VPSA Bonds
will remain excludable from gross income for Federal income tax purposes and (ii) any Build America Bonds
shall not fail to qualify as “Build America Bonds” under the Code.
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 County Director of Finance 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 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,
VPSA, the investment manager and the depository, in such form as may be approved by the officer executing
such Proceeds Agreement.
12. Continuing Disclosure Agreement. The Chairman of the Board, the County Executive and
such other officer or officers of the County as either may designate 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 15c2-12,
under the Securities Exchange Act of 1934, as amended, and directed to make all filings required by
Section 3 of the Bond Sale Agreement should the County be determined by VPSA to be a MOP (as
defined in the Bond Sale 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. Request to VPSA. By its delivery of a copy this Resolution to VPSA, the County hereby
requests that VPSA issue a series of taxable bonds under the VPSA Resolution.
16. Filing of 8038-CP The County recognizes that in order to receive the Federal Subsidy for any
Build America Bonds, it must file, or cause to be filed, a Form 8038-CP with the Internal Revenue Service not
less than 45 days and not more than 90 days prior to each Interest Payment Date, as provided in Notice
2009-26 issued by the Internal Revenue Service, so long as filing such form is a condition to receipt of the
Federal Subsidy on each Interest Payment Date.
17. Effective Date. This Resolution shall take effect immediately.
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ATTACHMENT 8
Planning Conditions of Approval
SP-2010-00008. The Canine Clipper Dog Grooming and Boarding
1. Development of the use shall be in accord with the conceptual plan titled “The Canine Clipper
Composite Plan”, prepared by the applicant and dated April 15, 2010 (hereafter, the “Conceptual
Plan”), as determined by the Director of Planning and the Zoning Administrator. To be in accord
with the Conceptual Plan, the development shall reflect the following major elements within the
development essential to the design of the development:
• Kennel yard and house yard within fenced area
• Entrance gate
• Three structures: kennel, residence, and garage
• Fence circumscribing the entire site, including the three structures and the kennel
yard, house yard, and front yard
as shown on the Conceptual Plan. Minor modifications to the Plan which do not conflict with the
elements above may be made to ensure compliance with the Zoning Ordinance;
2. The number of dogs attending the Canine Clipper Dog Grooming and Boarding business during the
day shall not exceed, in the aggregate for both the grooming and boarding activities, twenty (20) at
any one time (does not include personal pets owned by the applicant);
3. The number of dogs attending the overnight boarding business shall not exceed ten (10) (not
including personal pets owned by the applicant), or one dog per run, at any one time;
4. Dogs boarding overnight shall be kept inside between the hours of 10:00 PM and 6:00 AM, except
for occasional supervised trips outside;
5. The hours of operation for the Canine Clipper Dog Grooming and Boarding business shall not begin
earlier than 9:00 A.M. and shall end not later than 9:00 P.M., each day;
6. The number of customer trips generated for the dog grooming business shall not exceed eight (8)
trips per day; and
7. All outdoor lighting shall be only full cut-off fixtures and shielded to reflect light away from all
abutting properties. A lighting plan limiting light levels at all property lines to no greater than 0.3
foot candles shall be submitted to the Zoning Administrator or their designee for approval.
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PROJECT: SP-2010-00006. Baugh Auto Body (Sign #8) and
PROJECT: SP-2010-00011. Baugh Rental Car Outdoor Storage
1. Development of the use shall be in general accord with the conceptual plan entitled, “Baugh Auto
Body II, Special Use Permit Plan,” prepared by Engineering Design Associates, and dated May 25,
2010 (hereinafter, the “Special Use Permit Plan”), as determined by the Director of Planning and
the Zoning Administrator. To be in conformity with the plan, development shall reflect the following
major elements within the development essential to the design of the development:
– location of parking areas
– relation of buildings and parking to the street
as shown on the Special Use Permit Plan, except that the landscaping and fencing location and
design may be modified to meet the requirements of the Architectural Review Board (ARB). Minor
modifications to the plan that do not conflict with the elements above may be made to ensure
compliance with the Zoning Ordinance;
2. The rental of passenger vehicles under SP 2010-00011 is permitted as an accessory use
associated with SP 2010-00006, Baugh Auto Body Shop;
3. Rental cars available on the site may only be rented to customers of the auto body shop;
4. The hours of operation for the auto body shop and accessory rental car use shall not begin before
6:00 a.m. on Monday and shall not end later than 6:00 p.m. on the next Saturday;
5. The US 29 frontage and the perimeters of parking areas shall be improved with landscaping to
meet the Entrance Corridor guidelines. The landscaping shall be shown on a plan, to be approved
with the site plan amendment. The plan shall include identification of existing trees and shrubs on
the site, although trees and shrubs in the heavily wooded area on the south side of the parcel need
not be individually identified;
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6. The design of the screening fence shall be subject to ARB approval. The fence shall be
supplemented with landscaping, which shall be subject to ARB approval. Sufficient area for planting
shall be provided, as determined by the ARB;
7. A planting island shall be added at the west end of the rental car parking row with plants as
determined by the ARB. The island and planting shall be shown on a plan, to be approved with the
site plan amendment;
8. Vehicles shall not be elevated anywhere on the parcel outside of the building;
9. Rental vehicles shall be parked only in the area indicated for rental car parking shown on the
Special Use Permit Plan. Rental car parking shall be only in designated striped parking spaces, as
identified on this plan. No parking shall occur in travelways. No sign identifying the rental car use
shall be visible from offsite locations;
10. No chain link, barbed wire, razor wire, or other similar fencing or attachments other than that
existing on the site on September 8, 2010, shall be installed on this parcel;
11. Existing site and exterior building lighting shall be brought into conformance with Section 4.17 of the
Zoning Ordinance;
12. No damaged vehicle awaiting repair shall be outside the building for longer than 48 hours, and no
damaged vehicle leaking fluids shall be stored outside;
13. Prior to issuance of a zoning compliance clearance, a certified engineer’s report as required by
section 4.14.8 of the Zoning Ordinance, to also include proof of compliance with all applicable
Federal and State agencies regulating activities, shall be submitted and approved by the County
Engineer;
14. All vehicle repair operations shall be performed inside the building; and
15. No outside washing of vehicles shall be permitted unless approved by the County Engineer after a
finding that the washing operation does not generate off-site run-off.
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SP-2009-00013. Fontaine Research Park – Hospitals
1. The hospital use shall be limited to sixty (60) beds;
2. The use shall not commence until such time as appropriate state and federal approvals have been
obtained;
3. Site plan shall not be signed until fire official approval has been obtained; and
4. The use shall be for inpatient medical rehabilitation and shall not provide emergency services.
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SP-2009-00014. Fontaine Research Park - Supporting Commercial Uses
1. The supporting commercial uses shall be limited to a maximum of five (5) percent of the square
footage allowed in the park. There is no minimum amount required.
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ATTACHMENT 9
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