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HomeMy WebLinkAbout2010-12-15Tentative BOARD OF SUPERVISORS T E N T A T I V E DECEMBER 15, 2010 4:00 P.M. - ROOM 241 COUNTY OFFICE BUILDING 1. Call to Order. 2. Appointments. 3. Consent Agenda: a. Virginia Retirement System (VRS) Plan Changes - Resolution to Pick up Employee’s Contributions. b. Resolution – Proposed Financing for Greater Charlottesville Habitat for Humanity, Inc. c. Resolution to Amend Section 5.3 of the Regional Jail Authority Service Agreement. 4. Joint Meeting with School Board: a. Brief Update on Access Albemarle. b. Work Session: Capital Improvements Program. c. Matters Not Listed on the Agenda. 5. Adjourn to December 21, 2010, 12:00 Noon, Meeting with Legislators. Return to Board of Supervisors Home Page Return to County Home Page file:////coba-webapp01/BOSForms/Agenda/2010Files/Migration/20101215/00_Agenda.htm [10/1/2020 3:47:51 PM] COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Virginia Retirement System (VRS) Plan Changes SUBJECT/PROPOSAL/REQUEST: Resolution to Authorize Pick-up of Employee‟s VRS Contribution STAFF CONTACT(S): Messrs. Tucker, Foley, and Davis; and Ms. Gerome LEGAL REVIEW: Yes AGENDA DATE: December 15, 2010 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Virginia General Assembly adopted several benefit plan changes for the Virginia Retirement System (“VRS”) for employees hired on or after July 1, 2010. One change stipulated that employees hired on or after July 1, 2010 with no prior service credit (VRS „Plan 2‟ employees) must pay their VRS member contribution unless their employer elects to pick-up (in whole or in part) the five percent (5%) member contribution. Localities and school divisions may elect to pick-up, in whole or in part (in whole percent increments) the 5% member contribution for their VRS Plan 2 employees. The employer‟s decision to pay all or a portion of the member contribution for VRS Plan 2 employees is not irrevocable; however that decision must remain in effect for a full fiscal year (July 1 – June 30). DISCUSSION: On June 2, 2010, the Board of Supervisors and the School Board decided to not pick -up the VRS Plan 2 employees‟ five percent (5%) member contribution for FY 2011, but directed staff to assess market trends and present a recommendation for FY 2012. At the October 6, 2010 joint meeting with the School Board, staff provided market data indicating that a majority of localities did elect to pick up the member contribution. At that meeting, the Board of Supervisors and School Board decided to pick up the five percent (5%) member contribution effective July 1, 2011. VRS requires that a resolution be adopted by any county or school board that elects to pay any portion of the VRS Plan 2 employee contribution. A resolution is attached authorizing Albemarle County to pick-up the five percent (5%) member contribution for VRS Plan 2 employees effective July 1, 2011. The School Board will also be considering a resolution to pick-up the member contribution for its VRS Plan 2 employees at the December 15th joint Board meeting. BUDGET IMPACT: There is no impact for this fiscal year. The budget implications for the upcoming year will be reflected in the FY2011-12 budget. RECOMMENDATIONS: Staff recommends that the Board of Supervisors adopt the attached resolution authorizing Albemarle County to pick- up the five percent (5%) member contribution for VRS Plan 2 employees effective July 1, 2011. ATTACHMENTS A – Resolution Return to agenda Page 1 of 2 The Virginia General Assembly, in its 2010 session passed legislation creating a separate retirement plan for employees hired on or after July 1, 2010 (hereafter referred to as “Plan 2” employees). The legislation amended VA Code § 51.1-144 to provide that Plan 2 employees will pay their 5 percent member contribution and that, absent other action by the employer, such contribution will be paid through salary reduction according to Internal Revenue Code § 414 (h). Internal Revenue Code § 414 (h) provides that a governmental employer may “pick-up” mandatory employee contributions and thereby cause the contributions to be made on a pre-tax basis. The formal written action required by Internal Revenue Code § 414 (h) to effect the pick-up has been taken by the General Assembly with the Governor’s signature. The legislation also permits each county, city, town, local public school board or other local employer to pick- up, in whole or in part (in 1 percent increments), the 5 percent member contribution as an additional benefit not paid as salary. The employer’s optional payment of the 5 percent member contribution may be phased in over a period approved by the VRS Board not to exceed 6 years and may only be made on a uniform basis for all its Plan 2 employees. The formal written action required by Internal Revenue Code § 414 (h) to effect the pick-up using the alternatives permitted by the legislation must be taken by the governing body of the specific employing entity and must be effective only on a prospective basis. Please indicate, by selecting one option below, how member contributions will be paid:  This is to acknowledge that_______________________ (Employer Name) will have the employees pay the 5 percent member contribution according to the terms of the legislation. This action does not require action by your governing body. __________________________(Authorized Signature)____________(Date) × This is to acknowledge that the County of Albemarle, Virginia elects to pick-up some or all of the 5 percent member contributions as detailed in the following duly approved resolution. RESOLUTION Authorization to Pick-up the Employee’s Contribution to VRS Under § 414(h) of the Internal Revenue Code For Plan 2 Employees WHEREAS, the Virginia General Assembly, in its 2010 session passed legislation creating a separate retirement plan for employees hired on or after July 1, 2010 (hereafter referred to as “Plan 2 Employees”). The legislation stipulates that Plan 2 Employees will pay their 5 percent member contribution and that, absent other action by the employer, such contribution will be paid through salary reduction according to Internal Revenue Code § 414 (h) on a pre-tax basis; and WHEREAS, the legislation allows certain employers, including the County of Albemarle, Virginia, to pick-up and pay all or a portion of the member contributions on behalf of its Plan 2 Employees as an additional benefit not paid as salary; and WHEREAS, the election to pick-up and pay all or a portion of the member contributions on behalf of its Plan 2 Employees as an additional benefit not paid as salary shall, once made, remain in effect for the applicable fiscal year (July 1 - June 30) and shall continue in effect beyond the end of such fiscal year absent a subsequent resolution changing the way the 5 percent member contribution is paid; and Page 2 of 2 1947006v1 WHEREAS, employee contributions that are picked-up as an additional benefit not paid as salary are not considered wages for purposes of VA Code § 51.1-700 et seq. nor shall they be considered salary for purposes of VA Code § 51.1-100 et seq.; and WHEREAS, the County of Albemarle, Virginia desires to pick-up and pay its Plan 2 Employees’ member contributions to VRS as an additional benefit not paid as salary in an amount equal to 5% of creditable compensation; and WHEREAS, VRS tracks such picked-up member contributions and is prepared to treat such contributions as employee contributions for all purposes of VRS. NOW, THEREFORE, IT IS HEREBY RESOLVED that effective the first day of July, 2011, the County of Albemarle, Virginia shall pick-up member contributions of its Plan 2 Employees to VRS as an additional benefit not paid as salary in an amount equal to 5% of creditable compensation subject to the terms and conditions described above; and it is further RESOLVED that such contributions, although designated as member contributions, are to be made by the County of Albemarle, Virginia in lieu of member contributions; and it is further RESOLVED that nothing herein shall be construed so as to permit or extend an option to VRS members to receive the picked-up contributions made by the County of Albemarle, Virginia directly instead of having them paid to VRS. Return to exec summary December 14, 2010 Board of Supervisors County of Albemarle, Virginia 401 McIntire Road Charlottesville, Virginia 22902 Economic Development Authority of Albemarle County, Virginia Proposed Financing for Greater Charlottesville Habitat for Humanity Inc. Greater Charlottesville Habitat for Humanity Inc. ("Habitat") has requested that the Economic Development Authority of Albemarle County, Virginia (the "Authority") assume, modify and reissue an existing $6,000,000 note (the "Original Note") of Southwood Charlottesville LLC ("Southwood"), whose sole member is Habitat, originally entered into in connection with the acquisition of approximately 350 trailer pads for the Southwood Mobile Homepark (the "Project"), which is located on approximately 100.5 acres of land at 387 Hickory Street, Charlottesville, Virginia 22902 (collectively, the "Project"). As set forth in the resolution of the Authority attached hereto (the "Resolution"), the Authority has agreed to assume, modify and reissue the Original Note as requested. The Authority has conducted a public hearing on the proposed financing of the Project and has recommended that you approve the assumption, modification and reissuance of the Original Note as required by Section 147(f) of the Internal Revenue Code of 1986, as amended, and Section 15.2-4906 of the Code of Virginia of 1950, as amended. Attached hereto is (1) a certificate evidencing the conduct of the public hearing and the action taken by the Authority, (2) the Fiscal Impact Statement required pursuant to Virginia Code Section l5.2-4907, and (3) the form of resolution suggested by counsel to evidence your approval. __________________________________________ Secretary, Economic Development Authority of Albemarle County, Virginia Return to agenda 27862191.2 CERTIFICATE The undersigned Secretary of the Economic Development Authority of Albemarle County, Virginia (the "Authority") certifies as follows: 1. A meeting of the Authority was duly called and held on December 14, 2010, at 4:00 o'clock p.m. in the Fourth Floor Conference Room of the County Office Building, 401 McIntire Road, Charlottesville, Virginia, pursuant to proper notice given to each Director of the Authority before such meeting. The meeting was open to the public. The time of the meeting and the place at which the meeting was held provided a reasonable opportunity for persons of differing views to appear and be heard. 2. The Chairman announced the commencement of a public hearing on the application of the Greater Charlottesville Habitat for Humanity Inc. and that a notice of the hearing was published once a week for two successive weeks in a newspaper having general circulation in the County of Albemarle, Virginia ("Notice"), with the second publication appearing not less than seven days nor more than twenty-one days prior to the hearing date. A copy of the Notice has been filed with the minutes of the Authority and is attached as Exhibit A. 3. A summary of the statements made at the public hearing is attached as Exhibit B. 4. Attached as Exhibit C is a true, correct and complete copy of a resolution (the "Resolution") adopted at such meeting of the Authority by a majority of the Directors present at such meeting. The Resolution constitutes all formal action taken by the Authority at such meeting relating to matters referred to in the Resolution. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on this date. -2- WITNESS my hand and the seal of the Authority, this ______ day of December, 2010. __________________________________________ Secretary, Economic Development Authority of Albemarle County, Virginia [SEAL] Exhibits: A - Copy of Certified Notice B - Summary of Statements C - Inducement Resolution EXHIBIT B TO CERTIFICATE Summary of Statements Representatives of the Greater Charlottesville Habitat for Humanity Inc. and McGuireWoods LLP, Bond Counsel, appeared before the Authority to explain the proposed plan of financing. No on appeared in opposition to the proposed bond issue. 27790417 v4 RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY OF ALBEMARLE COUNTY, VIRGINIA APPROVING THE ASSUMPTION, MODIFICATION AND REISSUANCE OF THE GREATER CHARLOTTESVILLE HABITAT FOR HUMANITY INC.'S EXISTING $6,000,000 NOTE A. The Economic Development Authority of Albemarle County, Virginia (the "Authority") is a political subdivision of the Commonwealth of Virginia empowered by the provisions of the Economic Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (collectively, the "Act"), to assist organizations which are exempt from federal income taxation pursuant to §501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), and which are exempt from federal income taxation pursuant to §501(a) of the Code. B. The Authority has received a request from the Greater Charlottesville Habitat for Humanity Inc. ("Habitat") requesting the Authority to assume, modify and reissue an existing $6,000,000 note (the "Original Note") of Southwood Charlottesville LLC ("Southwood"), whose sole member is Habitat, originally entered into in connection with the acquisition of approximately 350 trailer pads for the Southwood Mobile Homepark (the “Project”), which is located on approximately 100.5 acres of land at 387 Hickory Street, Charlott esville, Virginia 22902 (the "Plan of Finance"). C. The Plan of Finance has been described to the Authority and a public hearing after public notice has been held as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 15.2-4906 of the Act. D. Habitat, in its application to the Authority, has requested the Authority to undertake the Plan of Finance. E. The Original Note is expected to be assumed, modified and reissued pursuant to an Assumption, Modification and Reissuance Agreement (the "Agreement"), currently contemplated to be among the Authority, Southwood and Southwood Inc. (the "Noteholder"), the current holder of the Original Note (the Original Note, as assumed, modified, and reissued, is hereafter referred to as the "Note"). F. In connection with the Plan of Finance, it is contemplated that the Project will be conveyed to the Authority and leased back to Southwood pursuant to a Lease Agreement (the "Lease") currently contemplated to be among the Authority, Southwood and the Noteholder. G. Forms of the Agreement, the Lease and the Note (the "Basic Documents"), have been made available to the Board of Directors of the Authority and filed with the Authority's records. -3- H. No member of the Board of Directors of the Authority is an officer or employee of Albemarle County, Virginia (the "County"), and each member has, before entering upon his or her duties during his or her present term of office, taken and subscribed to the oath prescribed by Section 49-1 of the Code of Virginia of 1950, as amended. At the time of their appointments and at all times thereafter, including the date hereof, all of the members of the Board of Directors of the Authority have satisfied the residency requirements of the Act. I. No member of the Board of Directors of the Authority has engaged in conduct prohibited under the Conflict of Interest Act, Chapter 40.1, Title 2.1 of the Code of Virginia of 1950, as amended, in connection with this Resolution, the Basic Documents or an y other official action of the Authority in connection therewith. After careful consideration and in furtherance of the public purposes for which the Authority was created, NOW, THEREFORE, BE IT RESOLVED THAT: 1. The execution and delivery of the Note in the principal amount of $6,000,000 in connection therewith are hereby authorized and approved. The final terms of the Note are to be determined by the Chairman or Vice Chairman as evidenced by his or her execution of the Agreement. The Note shall be in substantially the form attached as an exhibit to the Agreement. 2. The execution and delivery of the Basic Documents are hereby approved. The Chairman and Vice Chairman of the Authority, either of whom may act, are each authorized to execute the Note on behalf of the Authority, and, if required, the Secretary and any Assistant Secretary of the Authority, either of whom may act, are authorized to affix and attest the seal of the Authority to the Note and the other Basic Documents, in a form consistent with t erms hereof, as may be approved by the Chairman or the Vice Chairman of the Authority, either of whom may act, whose approval shall be evidenced conclusively by their execution and delivery thereof. Each officer of the Authority is authorized to execute and deliver on behalf of the Authority such other instruments, documents, deeds of trusts, or certificates, and to do and perform such things and acts, as they shall deem necessary or appropriate to carry out the transactions authorized by this Resolution or contemplated by the Note and the other Basic Documents, and all of the foregoing, previously done or performed by such officers of the Authority, are in all respects approved, ratified and confirmed. 3. The Chairman, Vice Chairman and Secretary of the Authority are hereby authorized and directed to have the Note prepared, to have the Note executed pursuant to the Agreement and this Resolution, to deliver the Note to the registered owner thereof. 4. It is hereby found and determined that the accomplishment of the Plan of Finance will be in the public interest and will promote the safety, health, welfare, convenience or prosperity of the Commonwealth and the County, and their citizens. 5. At the request of Habitat, the Authority approves McGuireWoods LLP, Richmond, Virginia, as Bond Counsel in connection with the execution and delivery of the Note. 6. All costs and expenses in connection with the execution and delivery of the Note, including the fees and expenses of Bond Counsel and counsel to the Authority, shall be paid by Habitat. If for any reason the Note is not delivered and the Plan of Finance is not completed, it is -4- understood that all such expenses shall be paid by Habitat and that the Authority shall have no responsibility therefor. 7. Habitat shall pay any and all costs and expenses incurred by the Authority in connection with the Plan of Finance. If for any reason the Note is not delivered, it is understood that Habitat will reimburse the Authority for all of its out-of-pocket expenses relating to the Plan of Finance. 8. The Authority recommends that the Board of Supervisors of the County approve the execution and delivery of the Note and the Plan of Finance. 9. The Note may not be issued pursuant to this resolution until such time as the execution and delivery of the Note and the Plan of Finance has been approved by the Board of Supervisors of the County. 10. This resolution will take effect immediately upon its adoption. CERTIFICATE The undersigned Secretary of the Economic Development Authority of Albemarle County, Virginia (the "Authority"), certifies that the foregoing is a true, correct and complete copy of a resolution adopted by a majority of the members of the Authority present and voting at a meeting duly called and held on December 14, 2010, in accordance with law, with a quorum present and acting throughout, and that such resolution has not been repealed, revoked, rescinded or amended but is in full force and effect on the date hereof. Dated: December 15, 2010 __________________________________________ Secretary, Economic Development Authority of Albemarle County, Virginia [SEAL] Return to letter FISCAL IMPACT STATEMENT FOR PROPOSED BOND FINANCING Date: December 14, 2010 To the Board of Supervisors of Albemarle County, Virginia Applicant: Greater Charlottesville Habitat for Humanity, Inc. Facility: Assumption, modification and reissuance of note originally entered into in connection with the acquisition of the Southwood Mobile Homepark 1. Maximum amount of financing sought. $ 6,000,000 2. Estimated taxable value of the facility's real property to be constructed in the locality. $ N/A 3. Estimated real property tax per year using present tax rates. $ 70,000 4. Estimated personal property tax per year using present tax rates. $ 0 5. Estimated merchants' capital tax per year using present tax rates. $ N/A 6. (a) Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality. $ 75,000 (b) Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality. $ 0 (c) Estimated dollar value per year of services that will be purchased from Virginia companies within the locality. $ 190,000 (d) Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality. $ 0 7. Estimated number of regular employees on year round basis. 4 8. Average annual salary per employee. $ 38,000 __________________________________________ Chairman, Economic Development Authority of Albemarle County, Virginia Return to letter At a regular meeting of the Board of Supervisors of Albemarle County, Virginia, held on the 15th day of December, 2010, the following Board members were recorded as present: PRESENT: On motion by ______________________________, seconded by ___________________________, the attached Resolution was adopted by a majority of the members of the Board of Supervisors by a roll call vote, the votes being recorded as follows: MEMBER VOTE RESOLUTION OF THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA WHEREAS, the Economic Development Authority of Albemarle County, Virginia (the "Authority"), has considered the application of Greater Charlottesville Habitat for Humanity Inc. ("Habitat") requesting the Authority's to assume, modify and reissue an existing $6,000,000 note (the "Original Note") of Southwood Charlottesville LLC ("Southwood"), whose sole member is Habitat, originally entered into in connection with the acquisition of approximately 350 trailer pads for the Southwood Mobile Homepark (the "Project"), which is located on approximately 100.5 acres of land at 387 Hickory Street, Charlottesville, Virginia 22902; WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds; WHEREAS, the Authority issues its bonds on behalf of Albemarle County, Virginia (the "County"); the Project is located in the County and the Board of Supervisors of Albemarle County, Virginia (the "Board") constitutes the highest elected governmental unit of the County; WHEREAS, the Authority has recommended that the Board approve the assumption, modification and reissuance of the Original Note (the Original Note, as assumed, modified, and reissued, is hereafter referred to as the "Note"); and WHEREAS, a copy of the Authority's resolution approving the execution and delivery of the Note, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA: 1. The Board approves the execution and delivery of the Note by the Authority for the benefit of Habitat as required by Section 147(f) of the Code and Section l5.2-4906 of the Code of Virginia of 1950, as amended (the "Virginia Code"), to permit the Authority to assist in the Project. 2. The approval of the execution and delivery of the Note does not constitute an endorsement to a prospective purchaser of the Note of the creditworthiness of the Project, Southwood or Habitat. 3. This resolution shall take effect immediately upon its adoption. Adopted by the Board of Supervisors of Albemarle County, Virginia this 15th day of December, 2010. __________________________________________ Clerk, Board of Supervisors of Albemarle County, Virginia [SEAL] Return to letter ACOUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Amendment of Regional Jail Authority Service Agreement SUBJECT/PROPOSAL/REQUEST: Adoption of Resolution to Amend Section 5.3 of the Service Agreement for the Albemarle-Charlottesville Regional Jail. STAFF CONTACT(S): Messrs. Tucker, Foley, and Davis LEGAL REVIEW: Yes AGENDA DATE: December 15, 2010 ACTION: INFORMATION: CONSENT AGENDA: ACTION: X INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The City of Charlottesville and the Counties of Albemarle and Nelson have established the Albemarle-Charlottesville Regional Jail Authority that operates pursuant to the Service Agreement for the Albemarle-Charlottesville Regional Jail. Section 5.3 of the Service Agreement requires the Jail Authority to maintain an Operating Reserve Fund in an amount equal to not less than 90 days or 25% of the adopted Annual Budget for the Jail Authority. The Superintendant of the Jail Authority has requested on behalf of the Jail Authority that Section 5.3 be amended to reduce the Operating Reserve Fund requirement to 20% of the adopted Annual Budget. SunTrust Bank, the holder of the current revenue note representing the outstanding indebtedness, has advised the Jail Authority that the note does not require the maintenance of the Operating Reserve Fund, and that SunTrust does not object to a reduction of the balance in the Operating Reserve Fund. Section 10.5 of the Service Agreement provides that the Agreement may be changed or amended only with the consent of the Authority and each Member Jurisdiction. DISCUSSION: The Jail Superintendent, by letter dated December 7, 2010, has requested an amendment of the Service Agreement and has set forth the reasons for the request. (See Attachment A) The background information regarding the jail security system referenced in the Superintendent’s letter is provided in the attached Jail Authority Executive Summary dated November 11, 2010. (See Attachment B) If the Board concurs in the request to amend the Service Agreement, a Resolution has been prepared for the Board’s adoption. (Attachment C) Concurrent Resolutions will be considered by Charlottesville, Nelson, and the Jail Authority. BUDGET IMPACT: There is no impact on the County budget. This action will facilitate the acquisition of the jail security system by the Jail Authority. RECOMMENDATIONS: Staff recommends that the Board adopt the attached Resolution to Amend Section 5.3 of the Service Agreement for the Albemarle-Charlottesville Regional Jail. (Attachment C) ATTACHMENTS A – December 7, 2010 Letter from Jail Superintendent B – November 11, 2010 Jail Authority Executive Summary C – Resolution to Amend Jail Service Agreement Return to agenda ALBEMARLE-CHARLOTTESVILLE REGIONAL JAIL AUTHORITY EXECUTIVE SUMMARY AGENDA TITLE: Revised Security System Request SUBJECT/PROPOSAL/REQUEST: STAFF CONTACTS: Cols. & Mess: Matthews, Beauford & Robinson, AGENDA DATE: ITEM NUMBER: November 11, 2010 FORMAL AGENDA: ACTION: INFORMATION: No CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: No BACKGROUND: It was determined in the early part of 2009 that our existing security system was on borrowed time. The Black Creek system was over 10 years old; it is a proprietary system that requires Black Creek involvement with most issues; and was operating on Windows 97, which is no longer supported by Microsoft. The staff had done some preliminary work on new security systems that offered nonproprietary software and generic off the shelf hardware. A couple of vendors were asked to review our system and give us an approximate estimate of the cost to upgrade. In September the Superintendent explained this situation to the board as well as the high priority to move foreword with this project. It was explained to the board that approximately $700,000 would be needed to complete this project. Several methods of financing this project were reviewed by the staff and the one that seemed to be the best was to use funds from the operational restrictive fund. It was determine from both the bank and our attorneys that this was acceptable. The ACRJ staff met with Hugh Gravitt, purchasing agent for Albemarle County, and began to put together a Request for Proposal (RFP). In the latter part of June we received nine vendor RFP responses out of approximately forty vendors who attended the initial RFP meeting. The security team staff of nine voted on the nine RFP vendors and selected four to interview. Those four vendors were interviewed and did presentation in the early part of August. The security team voted on these vendors and sent the results to Hugh Gravitt. It was determined through this process that Simplex Grinnell, out of Richmond, VA, would be awarded the contract. Simplex did an outstanding presentation with hands on usage by our staff. They met all of our requirements which primarily required that the system have nonproprietary software and that the hardware be off the shelf nonproprietary. This would allow our team more flexibility in repair and modification. Simplex has hundreds of offices nationwide with two in Virginia – Richmond and Roanoke. They recently converted the system at Pamunkey Regional Jail from Black Creek to Simplex. Their staff has been very satisfied with the system and quality of service provide. Revised Request: Our security team and staff are recommending that we move foreword with the security system upgrade using Simplex Grinnell. The initial cost estimate from Simplex was $602,196 remains the same, however we have asked Lakeside Electrical to give us an estimate that should cover their portion of work. Lakeside is already an approved contractor with Albemarle County, which we can use. They have provided an estimate of $190,000, which they indicate is on the high side (this is higher than our $95,000 guessed earlier). Their concerns are the existing conduit and whether they are adequate for the new wiring. We know that a lot of the conduct is stuffed full with existing wiring, and much of it is in concrete walls. We are requesting a maximum of $850,000 to be allocated by the board to fund this project. We are also recommended that the $850,000 for this project be appropriated from the operational restrictive fund (4003 Fund), which currently has an approximate balance of $3,468,593. The balance of the debt is presently $ 6,878,970. This would reduce the restrictive fund from 25% to 19.6% of budget. Future funding for this restrictive account is being reviewed by out attorney. Recommendation: Increase the security system upgrade expense from $700,000 to $850,000. A RESOLUTION TO AMEND SECTION 5.3 OF THE SERVICE AGREEMENT FOR THE ALBEMARLE-CHARLOTTESVILLE REGIONAL JAIL WHEREAS, the City of Charlottesville and the Counties of Albemarle and Nelson (the “Member Jurisdictions”) have previously established the Albemarle- Charlottesville Regional Jail Authority, and adopted an agreement (the “Service Agreement”) that established their respective rights and obligations regarding the financing, construction and operation of the regional jail serving their jurisdictions; and WHEREAS, since its initial adoption, Section 5.3 of the Service Agreement has included a provision, intended to provide assurance to the bank that provided the financing for construction of the jail, that the Jail Authority would maintain an Operating Reserve Fund equal to 90 days, or twenty-five percent, of its annual operating budget; and WHEREAS, over the ensuing decade, the amount in the Operating Reserve Fund has increased, and the unpaid balance of the Jail Authority’s indebtedness has decreased; and WHEREAS, SunTrust Bank, the holder of the current revenue note representing that outstanding indebtedness, has advised the Jail Authority that the note does not require the maintenance of the Operating Reserve Fund, and that SunTrust does not object to a reduction of the balance in the Operating Reserve Fund; and WHEREAS, the Jail Authority has determined that certain major security system components in the jail have reached the end of their useful life, and need to be replaced; and WHEREAS, the Jail Authority and the Member Jurisdictions have determined that the most prudent and cost-effective way to pay for the security system replacement is to withdraw the required amount, not to exceed $850,000.00, from the Operating Reserve Fund; and WHEREAS, the Jail Authority and the Member Jurisdictions wish to amend the Service Agreement to allow that withdrawal, thereby reducing the Operating Reserve Fund to twenty percent of the current Annual Budget, and to provide a method for approval of future withdrawals; now therefore, be it Resolved by the Boards of Supervisors of Albemarle, and Nelson Counties and the Council of the City of Charlottesville, with the concurrence of the Albemarle- Charlottesville Regional Jail Authority, that 1. Section 5.3 of the Service Agreement is amended and readopted as follows: 2 Section 5.3 Operating Reserve Fund. The Authority agrees to provide for an Operating Reserve Fund in each of its Annual Budgets in an amount equal to not less than 90 days twenty percent of its projected Annual Budget for each year, less debt service. The Operating Reserve Fund will be established as a separate account and will be used to cover periods of revenue shortfall when the Authority’s revenues are not sufficient to cover its Operating Expenses or Debt Service, or in such other instances as may be approved by the Authority and concurred in by the chief administrative officers of all member jurisdictions. If such withdrawals reduce the Operating Reserve Fund below twenty percent of the Annual Budget, the Authority shall adopt a plan to restore it to that level over a period not to exceed three fiscal years. 2. The chief administrative officers of the Member Jurisdictions and the Jail Authority are authorized to sign a conformed copy of the Service Agreement incorporating this amendment. IN WITNESS WHEREOF, the governing bodies of the Counties of Albemarle and Nelson, and the City of Charlottesville have authorized and caused this Resolution to be approved and their respective seals to be affixed hereto and attested by their respective clerks. COUNTY OF ALBEMARLE, VIRGINIA ____________________________________ __________________ Chairman, Board of Supervisors Date ATTEST: ___________________________________ Clerk to the Board APPROVED AS TO FORM: ___________________________________ County Attorney 3 COUNTY OF NELSON, VIRGINIA ____________________________________ __________________ Chairman, Board of Supervisors Date ATTEST: ____________________________________ Clerk to the Board APPROVED AS TO FORM: ____________________________________ County Attorney CITY OF CHARLOTTESVILLE, VIRGINIA _____________________________________ __________________ Mayor Date ATTEST: _____________________________________ Clerk to the Council APPROVED AS TO FORM: _____________________________________ City Attorney COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Access Albemarle Status Report SUBJECT/PROPOSAL/REQUEST: Update on the status of the Access Albemarle Project STAFF CONTACT(S): Messrs. Tucker, Foley, Davis, Culp, Wiggans, and Henry LEGAL REVIEW: No AGENDA DATE: December 15, 2010 ACTION: INFORMATION: X CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: No REVIEWED BY: BACKGROUND: Albemarle County entered into a multi-year partnership with Microsoft Corporation several years ago to develop an integrated local government/school business management system to improve many of the County’s key business systems. These improvements were designed to help the County meet its strategic objective of efficiency and effectiveness in county government operations. The partnership with Microsoft was developed to capitalize on the County’s current use of Microsoft products and the County’s existing enterprise agreement with Microsoft. The project’s initial phases involved extensive analysis of existing business processes across local government and school division departments, requiring significant research and assessment of numerous functions related to the County’s financial and human resources activities. When completed, Access Albemarle will provide the County with an integrated public sector solution that combines and streamlines operations that are currently provided through separate mainframe systems that are not integrated. This integrated system will allow the County’s existing business functions, which include financial management, purchasing, human resources, payroll, budgeting, and tax collection, to work together and will allow County leadership to better identify and track County financial and human resource operations. DISCUSSION: The County first started working towards this integrated application in 2006, knowing that although the end result would be very beneficial, it would be a long and complex process to analyze and integrate numerous functions related to our financial and human resources activities. It has proven to be challenging and we have encountered some setbacks as we have worked with Microsoft and several other vendors to develop this integrated business management system. In spite of these setbacks, staff has continued in this effort to protect the County’s previous investment in the development of the system and has successfully negotiated a no additional cost agreement with Microsoft to move the project forward. Thanks to the hard work and persistence of staff and the successful partnership with our implementer, Avastone (formerly Anderson Tackman Company), Phase 1 of the project became operational centrally in the Finance Department on July 1, 2010. This phase includes General Ledger/Financial Management System, Procurement and Accounts Payable, Fixed Assets, Miscellaneous Billings and Receivables Management and the integration of the Financial Management System (FMS) with Enterprise Reporting. In addition, the basic Budgeting and Reporting components of the new system for local government have been successfully implemented and are currently in use. Remaining steps to achieve full implementation of enhanced budgeting and reporting for local government will continue in preparation for the coming fiscal year. W ith the exception of these enhanced budgeting and reporting items, the final step for implementation of the core business systems of the County, which was the primary objective of Phase 1, will be the distribution of the new system to departments for their use, beginning with the IT Department this month. Due to some of the unique budgeting and tracking needs of the school system, the decision was made to focus attention on implementation of the core needs of the Financial Management System and local government budgeting and complete school budgeting for utilization for FY 2012-13, after those components had become operational. AGENDA TITLE: Access Albemarle Status Report December 15, 2010 Page 2 System Benefits: There were a number of critical organizational benefits that motivated the County to undertake this significant effort several years ago. These benefits are especially important now in providing opportunities for increased efficiencies and streamlined processes across the organization: Improves access to data - providing decision-makers with real time information and increasing the County’s ability to make data driven decisions Standardizes business operations in a server based environment - improving operational flexibility Provides integrated business systems and processes: o reducing paper flow o eliminating duplicate data entry o removing/reducing redundant systems and process steps o reducing time to process reports Improves data transparency and clarity of County operations Results in a more modern and user friendly system interface Supports the County’s efforts in performance management Will create more customer focused government operations How the Project Scope has evolved: The project scope evolved over time as county staff worked with Microsoft and other vendors to focus specifically on meeting the County’s core business needs and developing a reasonable and supportable approach to implementing the various phases of the system. The following are key adjustments that have allowed Phase 1 of the Access Albemarle project to successfully become operational in July, 2010: Original Project Software development effort - new product with considerable effort to develop Large, complex, all or nothing effort designed to be implemented all at one time Run by consultants from various companies with varying degrees of local government experience Focused on development Revised Project Utilizes maturing set of existing Microsoft products which are the core of the system Focused on meeting the County’s basic business needs first, with the potential for future enhancements Phased approach to implementation Standardization - Part of larger potential Virginia local government client base Run by experienced government consultants Stronger County project management focus - Measured approach with phases and milestones Focused on implementation Project Milestones: Phase 1: Fixed Assets, Financial Management & Reporting, Procurement – Currently operational centrally Distribution to departments beginning with IT in progress Local Government Budgeting – Department input and utilization by OMB for FY 2011-12 Budget preparation School Budgeting – Planned to be operational for FY 2012-13 Budget Phase 2: Payroll (and required Human Resources modules) – Planned to be operational by April, 2011 Human Resources (remaining functionality) – Planned to be operational on July, 2011 Phase 3: Revenue & Tax Collections – Planned to be operational by December 31, 2011 BUDGET IMPACT: The County has expended approximately $4 million to date for all software, hardware and consulting service through the arrangement with Microsoft, though no funds have been expended for the past two years while implementation has continued. The County will incur no additional project costs through the Microsoft agreement, with the exception of $88,000 for non-Microsoft software needed for implementation. RECOMMENDATIONS: No action is requested by the Board at this time. COUNTY OF ALBEMARLE OFFICE OF FACILITIES DEVELOPMENT MEMORANDUM TO: Members of the Board of Supervisors Members of the Albemarle County School Board FROM: Bill Letteri, Director DATE: December 9, 2010 SUBJECT: Joint Board Meeting on CIP This memo is to provide summary remarks and background information regarding this year’s Capital Improvements Program review process in advance of your joint discussion on Wednesday, December 15, 2010. The Technical Review Team (TRT) and the CIP Oversight Committee (OSC) conducted several meetings to prepare a proposed CIP for the County Executive’s consideration. As you may recall, this was an “Amendment Year”, meaning only critical projects, or those impacting health or safety, are considered. The Committees were again challenged this year to develop a balanced plan that addresses the County’s most critical needs within limited resources. In advancing the proposed plan, the OSC acknowledges that there are, as yet, unfunded capital and infrastructure needs; however, the plan does achieve the following: Provides adequate funds to properly maintain our existing facilities; Provides necessary funding to support technology systems, special equipment replacements and apparatus replacements over the next five years; Includes plan for funding Ivy Fire Station and Greer Phase II; Results in targeted reserve balances at the end of the CIP period. Attached for your review are the following documents: 1) FY12-16 CIP Proposed Project Summary 2) FY12-16 CIP Financial Summary 3) Ivy Fire Station - CIP Fund Reallocation Considerations 4) Proposed Statement Regarding Apparatus Replacement Policy I will review this information in detail at our meeting on Wednesday, including a discussion of revenue assumptions, request adjustments, unfunded projects and recommendations regarding apparatus replacement policies and maintenance funding. Return to agenda FY12-16 CAPITAL IMPROVEMENTS PROGRAM FY 12-16 Desc.Project FY 11/12 FY 12/13 FY 13/14 FY 14/15 FY 15/16 TOTAL 1.Administration A.Voting Machine Replacement 214,000 - - - - 214,000 B.Computer Assisted Mass Appraisal 450,000 - - - - 450,000 Subtotal, Administration 664,000 - - - - 664,000 2.Courts A.Court Square - Maintenance/Replacement 222,000 217,000 223,000 211,000 287,000 1,160,000 B.J&DR Court - Maintenance/Replacement 17,000 18,000 19,000 20,000 21,000 95,000 C.Old Jail Facility Maintenance 16,000 20,000 25,000 25,000 30,000 116,000 Subtotal, Courts 255,000 255,000 267,000 256,000 338,000 1,371,000 3.Public Safety A.800 MHz Radio Replacements - 40,000 484,904 542,502 560,099 1,627,505 B.Police Mobile Data Computers 315,000 76,684 126,324 82,004 84,664 684,676 C.Police Patrol Video Cameras 74,940 75,614 78,237 80,860 83,483 393,134 D.ECC CAD 547,140 - - - - 547,140 E.ECC Emergency Telephone System - 531,452 - - 531,452 F.Fire/Rescue Airpacks - - - - 1,988,962 1,988,962 G.Fire/Rescue Lifepacks (Patient Monitor/Defibrillator)- 387,212 - - - 387,212 H.Fire/Rescue Mobile Data Computers - - - - 55,500 55,500 I.County Fire & EMS Apparatus Replacement - 268,275 1,415,700 296,380 1,737,738 3,718,093 J.VFD Fire & EMS Apparatus Repl.1,300,525 1,123,000 2,483,605 2,032,693 1,080,599 8,020,422 Subtotal, Public Safety 2,237,605 2,502,237 4,588,770 3,034,439 5,591,045 17,954,096 4.Public Works A.County Facilities - Maintenance/Replacement 323,000 319,000 342,000 681,000 846,000 2,511,000 B.Ivy Landfill Remediation 523,000 523,000 523,000 523,000 523,000 2,615,000 C.Keene Landfill Closure - - - - - - D.Moores Creek Septage Receiving 109,441 109,441 109,441 109,441 109,441 547,205 E.Storage Facility Lease 60,000 62,000 65,000 67,000 71,000 325,000 F.Old Crozet School Restoration - 200,000 - - - 200,000 G.COB Brick/Mortar Repointing Project 940,000 940,000 - - - 1,880,000 Subtotal, Public Works 1,955,441 2,153,441 1,039,441 1,380,441 1,549,441 8,078,205 5.Parks, Recreation & Culture A.Parks - Maintenance/Replacement 423,000 289,000 304,000 321,000 175,310 1,512,310 B.Burley & Lane Fields Poles/Lighting - - - - 467,000 467,000 Subtotal, Parks, Recreation & Culture 423,000 289,000 304,000 321,000 642,310 1,979,310 6.Libraries A.City-Co Branch Library Repair/Maint - 175,000 132,000 - - 307,000 B.Crozet Library Repair/Maintenance - 17,000 - - - 17,000 C.Northside Library Repair/Maintenance 15,000 - - - - 15,000 D.Scottsville Library Repair/Maint 5,000 12,000 - - - 17,000 Subtotal, Libraries 20,000 204,000 132,000 - - 356,000 7.Technology and GIS A.County Server/Infrastructure Upgrade 390,000 405,000 415,000 425,000 425,000 2,060,000 Subtotal, Technology and GIS 390,000 405,000 415,000 425,000 425,000 2,060,000 General Government Projects Subtotal 5,945,046 5,808,678 6,746,211 5,416,880 8,545,796 32,462,611 8.Stormwater Control A.Stormwater Management Program 100,000 100,000 100,000 100,000 100,000 500,000 Subtotal, Stormwater Control 100,000 100,000 100,000 100,000 100,000 500,000 9.Schools A.Administrative Technology 183,000 183,000 183,000 261,000 261,000 1,071,000 B.Instructional Technology 575,000 575,000 575,000 575,000 575,000 2,875,000 C.Schools - Maintenance/Replacement - PAG 510,000 510,000 510,000 510,000 510,000 2,550,000 D.Schools - Maintenance/Replacement - FIN 2,929,500 3,559,696 4,391,000 4,851,375 4,546,000 20,277,571 E.Storage Facility Lease 144,000 150,000 150,000 150,000 150,000 744,000 F.Technology Grant 752,000 752,000 752,000 752,000 752,000 3,760,000 G.Wide Area Network Upgrade - - 400,000 - - 400,000 H.Greer Addition Renovation 3,908,780 - - - - 3,908,780 I.Local Area Network Upgrade 500,000 500,000 700,000 - - 1,700,000 Subtotal, Schools 9,502,280 6,229,696 7,661,000 7,099,375 6,794,000 37,286,351 Project Management Fee 639,520 657,500 678,050 705,580 734,320 3,414,970 TOTAL REQUESTED PROJECTS 16,186,846 12,795,874 15,185,261 13,321,835 16,174,116 73,663,932 Oversight Committee Proposed Project Summary 12/9/2010 FY12-16 FY FY FY FY FY TOTAL 2012 2013 2014 2015 2016 FIVE YEARS GROWTH FORMULA ALLOC. 17,221,514 17,469,677 18,070,981 18,857,057 20,071,252 91,690,481 TOTAL NET DEBT REQUIRE. 16,868,894 16,979,399 17,463,169 17,789,041 18,529,375 87,629,878 BALANCE TRSFR TO CIP 352,619 490,278 607,813 1,068,016 1,541,878 4,060,603 CURRENT REVENUES 1,825,805 1,827,054 2,128,340 2,929,665 2,931,029 11,641,893 NET TRSFR TO CIP 352,619 490,278 607,813 1,068,016 1,541,878 4,060,603 LOAN PROCEEDS-Local Gov't 4,156,665 3,971,623 4,925,533 3,378,579 6,344,062 22,776,462 LOAN PROCEEDS-Schools 6,838,280 4,059,696 5,491,000 4,851,375 4,546,000 25,786,351 TOTAL REVENUES 13,173,369 10,348,651 13,152,686 12,227,635 15,362,969 64,265,310 FUND BALANCE 11,369,760 8,356,284 5,909,061 3,876,485 2,782,285 AVAILABLE REVENUE 24,543,130 18,704,935 19,061,746 16,104,120 18,145,254 PROJECT REQUESTS/PM FEE 16,186,846 12,795,874 15,185,261 13,321,835 16,174,116 73,663,932 RESERVE BALANCE 8,356,284 5,909,061 3,876,485 2,782,285 1,971,138 CIP Financial Summary (Based on Recommended Project Summary) CIP Fund Reallocation Considerations for Ivy Fire Station Capital Fund Account Description of Intended Uses Balance Proposed Liquidation Public Works- Roadway Landscaping Program Funds new landscaping improvements and the upgrading of existing landscaping along County roads: Entrance Corridors; Meadow Creek Parkway landscaping to create a gateway and reflect park-like setting $408,627 $100,000 Transportation PL/Constr-Local Intended to cover VDOT shortfalls for current projects & high priority projects that are either ineligible for VDOT funding and/or will not be designed/constructed within a timeframe desired by the County. To be used on priority list in CIP FY11-20. Identified projects include: Jarman’s Gap Rd; Georgetown Rd; Crozet Main St. Extension/Eastern Ave. $2,270,948 $600,000 Hillsdale Sidewalk Project substantially complete: New sidewalk starting on Greenbrier Drive and extending east on Hillsdale Drive toward Rio Road then ending at Mall Drive New sidewalk on Old Brook Road. Balance to connect sidewalks to the City's Hillsdale Connector road project; however, City project not yet funded for construction. $82,084 $77,000 Ivy Rd Sidewalk Sidewalk, curb and storm drainage system from the Kluge Rehab Center site to the City line. Defined by the City/County/UVA needs assessment study and there is recent UVA interest in improvements to support multi- modal options. Sidewalk connects to the existing sidewalk system in the City and serves: Kluge Center Apartments housing students Surrounding residential/commercial areas Project not fully funded (total cost $1,100,000) - other sidewalk projects address more immediate need. $422,063 $422,063 Rt 250 W Sidewalk Sidewalk, curb and gutter from Bellair Market to Farmington/Ednam. Part of the County’s transportation plan for multi-modal transportation options. Provides access from nearby offices and new residential uses to commercial areas. Pedestrians currently have to walk on the side of the road very close with the vehicles. Project not fully funded (total cost $503,000) - other sidewalk projects address more immediate need $156,572 $156,572 Street Light Program Funds serve two primary purposes: Allow more flexible and consistent funding for public requests for street lighting projects; 2) Anticipate the need to provide street lighting along public sidewalk projects. $185,232 $150,000 CIP Fund Reallocation Considerations for Ivy Fire Station Capital Fund Account Description of Intended Uses Balance Proposed Liquidation Places-29 Master Funds to begin implementation of the master plan with no definite start dates. Various projects have been identified including: Berkmar Drive Extd bridge & alignment study; Design of US29 widening from South Fork Rivanna River to Hollymead Towncenter; $300K of total appropriation provided for BOS priority pedestrian crossing improvements: o Rio Rd at the Mall o Rio/Berkmar o Hydraulic/Commonwealth o Two locations on Rte 250 East $1,385,000 $200,000 Sidewalk Contingency Contingency fund for sidewalk projects: Specific projects Additional work identified during design/construction $113,823 $100,000 Total $1,805,635 November 16, 2010 Proposed Statement Regarding Apparatus Replacement Policy The CIP Oversight Committee has reviewed this year’s submittal and 5 year schedule for Fire/Rescue Apparatus purchases and replacements as recommended by the TRT Committee and offers the following comments: The Committee agrees that the policy outline, criteria and procedures represents a logical approach for establishing a proposed replacement plan; however, the committee recommends that specific criteria, such as the number of miles and estimated useful life, be revisited next year to reflect actual experience and improvements in equipment quality. The Oversight Committee also recommends that the Board of Supervisors and County Executive’s Office direct the Department of Fire Rescue, and ACFRAB, to revisit the concept of managed apparatus rotation among stations. Where County CIP funds are being utilized to replace fire and EMS apparatus, it is likely that significant cost-savings might be realized through rotation of vehicles from stations with high call volumes to those with lower call volumes periodically. The goal of rotation would be to more evenly distribute wear and tear, mileage, and depreciation over time. This practice may promote better County-wide fleet service and more efficient use of replacement funds over time. Periodic apparatus rotation would be consistent with one of the recommendations outlined in the recent Resource Utilization Study, and is common practice among several peer localities.