1997-10-08October 8, 1997 (Regular Night Meeting)
(Page 1)
000044
A regular meeting of the Board of Supervisors of Albemarle County,
Virginia, was held on October 8, 1997, at 7:00 p.m., Room 241, County Office
Building, McIntire Road, Charlottesville, Virginia.
PRESENT: Mr. David P. Bowerman, Mrs. Charlotte Y. Humphris, Mr. Forrest
R. Marshall, Jr., Mr. Charles S. Martin, Mr. Walter F. Perkins and Mrs. Sally
H. Thomas.
ABSENT: None.
OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr., County
Attorney, Larry W. Davis, and County Planner, V. Wayne Cilimberg.
Agenda Item No. 1. The meeting was called to order at 7:01 p.m., by the
Chairman, Mrs. Humphris.
Agenda Item No. 2. Pledge of Allegiance.
Agenda Item No. 3. Moment of Silence.
Agenda Item No. 4. Other Matters Not Listed on the Agenda from the
Public.
Mr. Bob Watson read into the record a Resolution (copy on file in the
Clerk's office) adopted by the Blue Ridge Home Builders Association Board in
support of a meals tax. In addition, they will be working in tandem with the
Chamber of Commerce and the Charlottesville Area Board of Realtors with regard
to the public relations campaign and total implementation.
Mr. Bob Rannigan, representing the Charlottesville Fathering Initiative,
said they are in the process of promoting and nurturing healthy fathering in
the community. The organization is currently at the beginning stages of
starting a dialogue to have somebody in the community work in a full-time
position to promote fathering and be an advocate for fathers using existing
programs already in the community. An has been sent to the Virginia Father-
hood Campaign, which is located in the Virginia Department of Health. He
provided Board members with a copy of the RFP. He is not asking the Board for
any money, but wanted members to know what the organization is doing.
Mrs. Thomas asked if an expression of interest by the County would help
the grant application. Mr. Rannigan responded, "no", the application is
beyond that stage.
Agenda Item No. 5. Consent Agenda.
Regarding Item 5.1, Mrs. Thomas asked if the assets returned to the
County are the same ones seized by County police. Mr. Tucker said the assets
are returned to the Task Force, which is made up of City, County and Univer-
sity. This is the County's share of the assets. The assets are split between
the three entities.
Mrs. Thomas said this sort of program leads to terrible abuse in other
states and was highlighted in a recent television program. She asked what the
County does to make sure there is not such eagerness to acquire these assets
that people go overboard seizing them. Mr. Tucker said the police and the
investigators have to follow the guidelines that are set by the City, County
and University police departments for the task force. The task force also
must follow state and federal laws. He thinks there is adequate oversight.
He knows that the three police chiefs meet at least quarterly regarding the
task force. He sees a monthly report on what has transpired in terms of the
types of arrests, etc. He added that there are state and federal laws that
permit certain assets to be acquired.
Regarding Item 5.2, Mrs. Thomas asked if this is paying for a portion of
the Criminal Justice Planner in the Planning District Commission. Mr. Tucker
said he did not think so, but he will look into it. He thinks this primarily
covers a position that does a lot of the analysis in the County. Mrs. Thomas
said she did not want there to duplication.
October 8, 1997 (Regular Night Me,ting)
(Page 2)
000045
Motion was offered by Mrs. Thomas, seconded by Mr. Martin, to approve
Items 5.1 through 5.5bi and to accept the remaining items as information.
Roll was called and the motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and
Mr. Marshall.
None.
Item No. 5.1. Appropriation: Federal and State Drug Seized Assets,
$46,985.91 (Form #97025).
The Executive Summary states that periodically the County receives
revenues for assets seized in federal and state drug enforcement actions.
proceeds are utilized for additional law enforcement activities. This
appropriation requests approval of the receipts and expenditures for federal
and state drug seized assets for the period July 1, 1997 through June 30,
1998. This appropriation also requests approval of the expenditure of the
unrestricted July 1, 1997 fund balance. Staff recommends approval of
appropriation #97025 in the amount of $46,985.91.
The Board approved the following Resolution of Appropriation, by the
above shown vote:
FISCAL YEAR: 1997/98
NUMBER: 97025
FUND: GRANT
PURPOSE OF APPROPRIATION:
EXPENDITURE OF DRUG SEIZED ASSETS.
EXPENDITURE
COST CTR/CATEGORY DESCRIPTION AMOUNT
1123539000580902 FEDERAL DRUG SEIZED ASSETS $17,954.00
1123639000580905 STATE DRUG SEIZED ASSETS 5,859.43
TOTAL $46,985.91
REVENUE DESCRIPTION AMOUNT
2123515000150101
2123533000330205
2123551000510100
2123624000240403
2123651000510100
INTEREST
FEDERAL REVENUE
FI/ND BALANCE
STATE REVENUE
FUND BALANCE
TOTAL
$ 1,000.00
533.40
40,593.08
83.47
4,775.96
$46,985.91
The
Item No. 5.2. Appropriation: Crime Analysis Unit Grant 98-B9169,
$36,808 (Form #97027).
The Executive Summary states the Department of Criminal Justice Services
has approved a grant to establish a crime analysis unit providing multi-agency
services. Funding is requested for a crime analyst, crime analysis software,
and computer equipment. This position will collect data and assess criminal
justice needs for the County of Albemarle, City of Charlottesville, and the
University of Virginia. This is the second year of a three year grant.
A $27,606 Department of Criminal Justice Service's grant and $9,202
local match will fund the crime analyst. The local match is funded by
$3,067.33 each by the City of Charlottesville and the University of Virginia
and $3,067.34 by the County of Albemarle. The County of Albemarle's match of
$3,067.34 is funded from current operations. Staff recommends approval of
appropriation $97027 in the amount of $36,808.
The Board approved the following Resolution of Appropriation, by the
above shown vote:
FISCAL YEAR: 1997/98
NI3MBER: 97027
FLrND: GRANT
PURPOSE OF APPROPRIATION:
CRIMINAL JUSTICE CRIME ANALYSIS GRANT
(98-B9169)
October 8, 1997 (Regular Night Me~tlng)
(Page 3)
000046
EXPENDITURE
COST CTR/CATEGORY DESCRIPTION AMOUNT
1152029411110000
1152029411210000
1152029411221000
1152029411232000
1152029411241000
1152029411550400
1152029411800700
WAGES $29,430.00
FICA 2,252.00
VRS 3,417.00
DENTAL INSLrPJ~NCE 53.00
LIFE INSURANCE 103.00
TRAVEL-EDUCATION 1,000.00
ADP EQUIPMENT 553.00
TOTAL $36,808.00
REVENUE DESCRIPTION AMOUNT
2152019000190207 CITY OF CHARLOTTESVILLE $ 3,067.33
2152019000190219 UVA 3,067.33
2152033000330405 CRIME ANALYSIS GRANT 27,606.00
2152051000512004 GENERAL FUND TRANSFER 3,067.34
TOTAL $36,808.00
Item No. 5.3. Appropriation: Drug Court Services Grant, $33,531 (Form
~97028).
The County of Albemarle has entered into a contract with the Virginia
Department of Corrections to provide eligibility determination for all
potential candidates for the Drug Court prior to the bond hearing. The County
in turn has contracted with Offender Aid & Restoration (OAR) to provide these
services as part of their Pre-Trial Services program. The Commonwealth
Attorneys and the Courts will make recommendations for eligibility.
Funding is provided by a $33,531 Department of Corrections grant. There
is no local match. Staff recommends approval of appropriation #97028 in the
amount of $33,531.
The Board approved the following Resolution of Appropriation, by the
above shown vote:
FISCAL YEAR: 1997/98
NUMBER: 97028
FUlqD: GRANT
PURPOSE OF APPROPRIATION:
FUNDING FOR DRUG COURT SERVICES.
EXPENDITURE
COST CTR/CATEGORY DESCRIPTION AMOUNT
1123729405566120 OFFENDER AID AND RESTOR3kTION ~
TOTAL $33,531.00
REVENUE DESCRIPTION AMOUNT
2123724000240414 STATE DEPT. OF CORRECTIONS $33,531.00
TOTAL $33,531.00
Item No. 5.4. Appropriation: HUD Section 8 Housing Assistance,
$1,515,935 (Form #97029).
The Section 8 Housing Program is an ongoing rental assistance program
offered by the Federal Department of Housing and Urban Development (HUD). The
Section 8-001 program provides housing assistance with 178 subsides. Program
8-001 is funded through June 2002. The Section 8-002 program provides 34
housing vouchers. The Section 8-003 program provides housing assistance for
34 units.
The final amount of the Federal HUD grant will be determined by the
final amount of assistance rendered to residents. It is estimated that the
grant 8-001 should be approximately $1,027,920, grant 8-002 should be approxi-
mately $233,163, and grant 8-003 should be approximately $264,852, a total of
$1,515,935. Staff recommends approval of appropriation ~97029 in the amount
of $1,515,935.
October 8, 1997 (Regular Night Me~ting)
(Page 4)
000047
The Board approved the following Resolution of Appropriation, by the
above shown vote:
FISCAL YEAR: 1997/98
NUMBER: 97029
FUND: GRANT
PURPOSE OF APPROPRIATION: FUNDING FOR HOUSING ASSISTANCE GRANTS.
EXPENDITURE
COST CTR/CATEGORY DESCRIPTION AMOUNT
1122781920300205
1122781920312800
1122781920579001
1122781921300205
1122781921312800
1122781921579001
1122781922300205
1122781922312800
1122781922579001
ADMINISTP~ATIVE FEE
AUDIT
HOUSING ADM. FEE
ADMINISTRATIVE FEE
AUDIT
HOUSING ADM. FEE
ADMINISTRATIVE FEE
AUDIT
HOUSING ADM. FEE
TOTAL
$933,600.00
400.00
93,920.00
201,857.00
200.00
21,106.00
238,270.00
200.00
26,382.00
$1,515,935.00
REVENUE DESCRIPTION AMOUNT
2122733000330015 SECTION 8-001 GRANT $1,027,920.00
2122733000330016 SECTION 8-002 GRANT 223,163.00
2122733000330017 SECTION 8-003 GRAi~T 264,852.00
TOTAL $1,515,935.00
Item No. 5.5. Refinancing Resolution for Mallside Forest Apartments.
On December 4, 1996, the Board adopted a Resolution approving the
issuance by the Harrisonburg Redevelopment & Housing Authority of $8.5 million
of revenue bonds to be used for the Mallside Forest Apartment Project. The
multi-family apartment project will provide affordable housing to persons and
families of low-to-moderate income in Albemarle County.
The developer now desires to refinance the Project to take advantage of
a more favorable maturity period available for refunding bonds. The Harrison-
burg Redevelopment & Housing Authority has agreed to issue refunding bonds.
County approval is necessary for the developer to retain the same favorable
tax status for the refunding bonds as received for the original financing.
The developer has provided written assurance that the proposed plan of
refinancing will not alter the project regarding tenant composition, the
nature of the units, the rent structure, or the amount of investment. A
public hearing was advertised and held in Harrisonburg on September 24, 1997.
The approval of the proposed Resolution is necessary for the refunding plan to
proceed. Staff recommends that the Board adopt the proposed Resolution.
The Board approved the following Resolution, by the above shown vote:
RE:
RESOLUTION APPROVING THE ISSUANCE BY THE
HARRISONBURG REDEVELOPMENT AND HOUSING AUTHORITY OF
MULTIFAMILY HOUSING REVENUE REFUNDING BONDS TO
REFINANCE THE MALLSIDE FOREST APARTMENTS PROJECT
LOCATED IN ALBEMARLE COUNTY, VIRGINIA
WHEREAS, pursuant to the Virginia Housing Authorities Law,
Chapter 1, Title 36, Code of Virginia of 1950, as amended (the
"Act") and a Trust Indenture dated as of April 1, 1997 between the
Harrisonburg Redevelopment and Housing Authority (the "Authority")
and Crestar Bank, as trustee, the Authority previously issued its
$8,500,000 Multifamily Housing Revenue Bonds (Mallside Forest
Apartments Project) Series 1997 (the "Prior Bonds"), the proceeds of
which were used to make a loan to Fore Mallside Forest, L.P., a
Virginia limited partnership (the "Owner"), to finance the acquisi-
tion, construction and equipping of a 160-unit apartment development
(the "Project") to be located on an approximately 11.583 acre parcel
of land off Putt-Putt Lane behind the Albemarle Square Shopping
Center located near the intersection of Rio Road (Virginia Route
631) and US Route 29 in Albemarle County, Virginia (the "County");
and
OOO048
October 8, 1997 (Regular Night Meeting)
(Page 5)
WHEREAS, the Board of Supervisors of the County (the "Board")
invited and encouraged the Authority to issue the Prior Bonds for
the benefit of the County and the Owner, and found that the issuance
of the Prior Bonds provided needed housing units in the County; and
WHEREAS, the Owner has requested that the Authority issue its
refunding bonds in an amount not to exceed $8,500,000 (the "Refund-
ing Bonds") and make a loan of the proceeds thereof to the Owner for
the purpose of refunding the Prior Bonds and refinancing the
Project; and
WHEREAS, the Refunding Bonds will be secured by fully modified
mortgage-backed securities which will be guaranteed as to timely
payment of principal and interest by the Government National
Mortgage Association; and
WHEREAS, pursuant to the proposed plan of refinancing the
average maturity of the Refunding Bonds will exceed the average
maturity of the Prior Bonds, but the Project tenant composition, the
nature of units at the Project, the Project rent structure and the
amount of the Owner's investment in the Project, as stated by the
Owner, will not change from that required for the Prior Bonds; and
WHEREAS, with respect to such proposed plan of refinancing,
the Authority has caused a notice of public hearing to be published
in newspapers of general circulation in the City of Harrisonburg,
Virginia and the County, and has, on September 24, 1997, held a
public hearing, all in accordance with the provisions of § 147(f) (2)
of the Internal Revenue Code of 1986, as amended, and the regula-
tions, rulings and proclamations promulgated or proposed thereunder
(collectively, the "Code") and § 15.1-1378.1, Code of Virginia,
1950, as amended (the "Virginia Code"), and other applicable laws of
the Commonwealth of Virginia; and
WHEREAS, the Board has been requested to approve the issuance
of the Refunding Bonds to comply with Section 147(f) (2) of the Code;
and
WHEREAS, the Owner has provided to the Board a Fiscal Impact
Statement pursuant to Section 15.1-1378.2 of the Virginia Code.
NOW, THEREFORE, BE IT RESOLVED by the Albemarle Board of
County Supervisors:
1. The Board approves the issuance of the Refunding
Bonds by the Authority for the benefit of the Owner to the
extent required by Section 147(f) (2) of the Code to permit the
Authority to assist in the financing of the Project.
2. The approval of the issuance of the Refunding
Bonds, as required by Section 147(f) (2) of the Code, does not
constitute an endorsement of the Refunding Bonds or the
creditworthiness of the Owner, and, as required by Section 36-
29 of the Act, the Refunding Bonds (and such Refunding Bonds
shall so state on their face) shall not be a debt of the City,
the County, the Commonwealth or any political subdivision
thereof (other than the Authority) and neither the City, the
County, nor the Commonwealth or any political subdivision
thereof (other than the Authority) shall be liable thereon,
nor in any event shall the Refunding Bonds be payable out of
any funds or properties other than those of the Authority
specifically pledged thereto. The Refunding Bonds shall not
constitute an indebtedness within the meaning of any constitu-
tional or statutory debt limitation or restriction.
3. This Resolution shall take effect immediately upon
its adoption.
Item No. 5.5a. Proclamation proclaiming October, 1997, as Teen
Pregnancy Prevention Month.
October 8, 1997 (Regular Night Meeting)
(Page 6)
The Board adopted the following Proclamation, by the above shown vote:
TEEN PREGNANCY PREVENTION MONTH
WHEREAS,
the consequences of pregnancies to teens (between the
ages of 10 and 19) and teen parenthood tend to lead to
a greater chance of the mother's dropping out of school,
obtaining a poorer job and becoming dependent on
welfare; and of poorer health and school performance of
the child; and of increasing public expenditures to
provide welfare services; and
WHEREAS,
there has been a decline in the annual number of
pregnancies since 1988 among younger teens (10 to 19) in
Albemarle County; and
WHEREAS,
of the 132 pregnancies to girls, aged ten to nineteen,
in Albemarle County in 1995 suggests that the teen
pregnancy rate has not changed in the last four years;
and
WHEREAS,
of the total number of teens who gave birth in Albemarle
County, one in four already had at least one birth; and
WHEREAS,
in the 1992 Virginia Youth Risk Survey half of all ninth
and tenth graders reported already having had sexual
intercourse, and among eleventh and twelfth graders the
number increased to nearly three-fourths of the surveyed
students; and
WHEREAS,
teens sexual activity leads not only to unwanted
pregnancies but increasingly to sexually transmitted
diseases including AIDS; and
WHEREAS,
a community needs assessment conducted by The Council On
Adolescent Pregnancy Prevention indicated that although
clinical family planning services for teens in our
community are excellent, they are under-utilized; and
WHEREAS,
there is an urgent need to increase knowledge and
awareness of issues related to teen pregnancy among
young people, parents, youth leaders and others;
NOW, THEREFORE,
I, Charlotte Y. Humphris, Chairman, on
behalf of the Albemarle Board of County
Supervisors, do hereby recognize
OCTOBER, 1997, as
TEEN PREGNANCY PREVENTION MONTH
and call its importance to the attention of
all our citizens.
Week.
Item No. 5.5b. Proclamation proclaiming October 13 19, 1997, as Elks
The Board adopted the following Proclamation, by the above shown vote:
ELKS WEEK
WHEREAS,
the Charter for Charlottesville Lodge No. 389, Benevo-
lent and Protected Order of Elks, was granted on October
19, 1897. The 21 charter members held their first
meetings in the Masonic Temple with Mr. James B. Wood,
Past Grand Master of Masons in Virginia, installed as
the First Exalted Ruler; and
October 8, 1997 (Regular Night Meeting)
(Page 7)
ooooso
WHEREAS,
the officers and members of the Charlottesville Elks,
will celebrate their Centennial Birthday on October 19,
1997; and
WHEREAS,
seeking new members with their motto "Quality, Not
Quantity", by 1905, Lodge No. 389 became one of the most
prosperous of the national order; and
WHEREAS,
for the past one hundred years, the Charlottesville
Elks has been a pillar of strength and a good friend to
this community; and
WHEREAS,
the Charlottesville Elks are known for bringing joy to
this community's youth, elderly, disabled veterans,
handicapped and needy by providing scholarships for
youths, food for the needy and care for our disabled;
and
WHEREAS,
it is fitting that we congratulate, applaud and salute
the Charlottesville Elks, on their Centennial Birthday
for the outstanding service they have provided the
community for the past one hundred years;
NOW, THEREFORE,
I, Charlotte Y. Humphris, Chairman, on behalf of
the Albemarle Board of County Supervisors, do
hereby proclaim MONDAY, OCTOBER 13, 1997 THROUGH
SUNDAY, OCTOBER 19, 1997 as
ELKS WEEK
and encourage our citizens to join in
their celebration.
Signed and sealed this 8th day of October, 1997.
Item No. 5.6. Copy of minutes of the Planning Commission for September
16, 1997, was accepted for information.
Item No. 5.7. Memorandum dated September 24, 1997, to the Members of
the James River Heritage Partnership, from Mr. Charles T. Peters, Jr., City of
Richmond, Department of Community Development, providing a copy of the most
recent draft of their nomination for American Heritage Rivers designation for
the James River, was accepted for information.
Agenda Item No. 6. Public Hearing on the proposed issuance of school
bonds of Albemarle County in the estimated maximum principal amount of
$20,455,000. The purpose of the proposed bonds is to finance capital projects
for public schools. (Advertised in the Daily Progress on September 24 and
October 1, 1997.)
Mr. Tucker said the FY 1997/98 Capital Improvements Budget was approved
with the intent to issue approximately $20,455,000 in bonds through the
Virginia Public School Authority. Resolutions authorizing the application to
VPSA were approved by the School Board on August 25, 1997 and bY the Board of
on September 3, 1997. Provided for the Board's information is a projected
payment schedule based on the estimated effective interest rate of 5.55
percent. In order to proceed with this process, a public hearing is scheduled
tonight. In addition, the proposed Resolution will require Board approval.
Also, for the Board's information, he has provided a schedule of events
necessary to complete the bond issue.
Mr. Tucker said staff recommends approval of the resolution to proceed
with this project and to meet the bond issuance guidelines.
The Chairman opened the public hearing. No one came forward to speak,
therefore, the public hearing was closed.
Motion was offered by Mr. Martin, seconded by Mr. Bowerman, to adopt the
Resolution Authorizing the Issuance of not to Exceed $20,455,000 General
Obligation School Bonds of the County of Albemarle, Virginia, Series 1997 A,
00005:1.
October 8, 1997 (Regular Night Meeting)
(Page 8)
to be sold to the Virginia Public School Authority and Providing for the Form
and Details Thereof. Roll was called and the motion carried by the following
recorded vote:
AYES:
NAYS:
Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and
Mr. Marshall.
None.
(The adopted Resolution is set out below:)
RESOLUTION AUTHORIZING THE ISSUANCE OF NOT
TO EXCEED $20,455,000 GENERAL OBLIGATION
SCHOOL BONDS OF THE COUNTY OF ALBEMARLE,
VIRGINIA, SERIES 1997 A, TO BE SOLD TO THE
VIRGINIA PUBLIC SCHOOL AUTHORITY AND PRO-
VIDING 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
$20,455,000 and to issue its general obligation school bonds for the
purpose of financing certain capital projects for school purposes;
and
WHEREAS, the County held a public hearing, duly noticed, on
October 8, 1997, on the issuance of the Bonds (as hereinafter
defined) in accordance with the requirements of Section
15.1-227.8.A, 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 and,
consented to the issuance of the Bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
THE COUNTY OF ALBEMARLE , VIRGINIA:
1. Authorization of Bonds and Use of Proceeds. The Board
hereby determines that it is advisable to contract a debt and issue
and sell its general obligation school bonds in an aggregate
principal amount not to exceed $20,455,000 (the "Bonds") for the
purpose of financing certain capital projects for school purposes.
The Board hereby authorizes the issuance and sale of the Bonds in
the form and upon the terms established pursuant to this Resolution.
2. Sale of the Bonds. It is determined to be in the best
interest of the County to accept the offer of the Virginia Public
School Authority (the "VPSA") to purchase from the County, and to
sell to the VPSA, the Bonds at par upon the terms established
pursuant to this Resolution. The Chairman of the Board, the County
Executive or such officer or officers of the County as either may
designate are hereby authorized and directed to enter into a Bond
Sale Agreement dated as of October 15, 1997, with the VPSA providing
for the sale of the Bonds to the VPSA in substantially the form
submitted to the Board at this meeting, which form is hereby
approved (the ~Bond Sale 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 1997 A;" shall bear interest from
the date of delivery thereof payable semi-annually on each January
15 and July 15 beginning July 15, 1998 (each an "Interest Payment
Date"), at the rates established in accordance with Section 4 of
this Resolution; and shall mature on July 15 in the years (each a
~Principal Payment Date") and in the amounts set forth on Schedule
I attached hereto {the ~Principal Installments"), subject to the
provisions of Section 4 of this Resolution.
4. Interest Rates and Principal Installments. The County
Executive is hereby authorized and directed to accept the interest
rates on the Bonds established by the VPSA, provided that each
interest rate shall be ten one-hundredths of one percent (0.10%)
over the interest rate to be paid by the VPSA for the corresponding
principal payment date of the bonds to be issued by the VPSA (the
000052
October 8, 1997 (Regular Night Meeting)
(Page 9)
"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 eight percent (8%) per annum. The
Interest Payment Dates and the Principal Installments are subject to
change at the request of the VPSA. The County Executive is hereby
authorized and directed to accept changes in the Interest Payment
Dates and the Principal Installments at the request of the VPSA,
provided that the aggregate principal amount of the Bonds shall not
exceed the amount authorized by this Resolution. The execution and
delivery of the Bonds as described in Section 8 hereof shall
conclusively evidence such interest rates established by the VPSA
and Interest Payment Dates and the Principal Installments requested
by the VPSA as having been so accepted as authorized by this
Resolution.
5. Form of the Bonds. The Bonds shall be initially in the
form of a single, temporary typewritten bond substantially in the
form attached hereto as Exhibit A.
6. Payment; Paying Aqent and Bond Registrar. The following
provisions shall apply to the Bonds:
(a) For as long as the VPSA is the registered owner of the
Bonds, all payments of principal of and premium, if any, and
interest on the Bonds shall be made in immediately available funds
to the VPSA at, or before 11:00 a.m. on the applicable Interest
Payment Date, Principal Payment Date or date fixed for prepayment or
redemption, or if such date is not a business day for Virginia banks
or for the Commonwealth of Virginia, then at or before 11:00 a.m. on
the business day next preceding such Interest Payment Date,
Principal Payment Date or date fixed for prepayment or redemption.
(b) Ail 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) Crestar Bank, Richmond, Virginia, is designated as Bond
Registrar and Paying Agent for the Bonds.
7. Prepayment or Redemption. The Principal Installments of
the Bonds held by the VPSA coming due on or before July 15, 2008,
and the definitive Bonds for which the Bonds held by the VPSA may be
exchanged that mature on or before July 15, 2008, are not subject to
prepayment or redemption prior to their stated maturities. The
Principal Installments of the Bonds held by the VPSA coming due
after July 15, 2008, and the definitive bonds for which the Bonds
held by the VPSA may be exchanged that mature after July 15, 2008,
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, 2008, 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, 2008, through July 14, 2009
July 15, 2009, through July 14, 2010
July 15, 2010, and thereafter
102%
101
100
Provide~, however, that the Bonds shall not be subject to
prepayment or redemption prior to their stated maturities as
described above without first obtaining the written consent of the
registered owner of the Bonds. Notice of any such prepayment or
redemption shall be given by the Bond Registrar to the registered
owner by registered mail not more than ninety (90) and not less than
sixty (60) days before the date fixed for prepayment or redemption.
8. Execution of the Bonds. The Chairman or Vice Chairman
and the Clerk or any Deputy Clerk of the Board are authorized and
directed to execute and deliver the Bonds and to affix the seal of
the County thereto.
October 8, 1997 (Regular Night Meeting)
(Page 10)
000053
9. Pledge of Full Faith and Credit. For the prompt payment
of the principal of and premium, if any, and the interest on the
Bonds as the same shall become due, the full faith and credit of the
County are hereby irrevocably pledged, and in each year while any of
the Bonds shall be outstanding there shall be levied and collected
in accordance with law an annual ad valorem tax upon all taxable
property in the County subject to local taxation sufficient in
amount to provide for the payment of the principal of and premium,
if any, and the interest on the Bonds as such principal, premium, if
any, and interest shall become due, which tax shall be without
limitation as to rate or amount and in addition to all other taxes
authorized to be levied in the County to the extent other funds of
the County are not lawfully available and appropriated for such
purpose.
10. Use of Proceeds Certificate and Certificate as to
Arbitrage. The Chairman of the Board, the County Executive and such
officer or officers of the County as either may designate are hereby
authorized and directed to execute a Certificate as to Arbitrage and
a Use of Proceeds Certificate each setting forth the expected use
and investment of the proceeds of the Bonds and containing such
covenants as may be necessary in order to show compliance with the
provisions of the Internal Revenue Code of 1986, as amended (the
~Code"), and applicable regulations relating to the exclusion from
gross income of interest on the Bonds and on the VPSA Bonds. The
Board covenants on behalf of the County that (i) the proceeds from
the issuance and sale of the Bonds will be invested and expended as
set forth in such Certificate as to Arbitrage and such Use of
Proceeds Certificate and that the County shall comply with the other
covenants and representations contained therein and (ii) the County
shall comply with the provisions of the Code so that interest on the
Bonds and on the VPSA Bonds will remain excludable from gross income
for Federal income tax purposes.
11. State Non-Arbitrage Program; Proceeds Agreement. The
Board hereby determines that it is in the best interests of the
County to authorize and direct the 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, the VPSA, the investment manager and the depository,
substantially in the form submitted to the Board at this meeting,
which form is hereby approved.
12. Continuing Disclosure Agreement. The Chairman of the
Board, the County Executive and such officer or officers of the
County as either may designate 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.
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.
immediately.
Effective Date.
This Resolution shall take effect
October 8, 1997 (Regular Night Meeting)
(Page 11)
000054
The undersigned Clerk of the Board of Supervisors of the
County of Albemarle, Virginia, hereby certifies that the foregoing
constitutes a true and correct extract from the minutes of a meeting
of the Board of Supervisors held on October 8, 1997, and of the
whole thereof so far as applicable to the matters referred to in
such extract. I hereby further certify that such meeting was a
regularly scheduled meeting and that, during the consideration of
the foregoing resolution, a quorum was present.
WITNESS MY HAND and the seal of the Board of Supervisors of
the County of Albemarle, Virginia, this 8th day of October, 1997.
Agenda Item No. 7. Public Hearing on an ordinance to amend and reordain
Chapter 2, Administration, Article IV, Airport Commission, of the Code of the
County of Albemarle, in Section 2-30, Compensation and term of office of
members. This amendment will allow members of the Airport Commission to serve
three terms. (Advertised in the Daily Progress on September 24 and October 1,
1997.)
Mr. Tucker said this amendment will increase the terms of the members of
the Airport Commission which means that members can serve up to nine years.
This amendment also allows for changing the term "Airport Board" to "Airport
Authority".
The Chairman opened the public hearing. There being no one present to
speak to this matter, the public hearing was closed.
Motion was offered by Mr. Marshall, seconded by Mr. Bowerman, to adopt
an Ordinance to amend and reordain Chapter 2, Administration, Article IV,
Airport Commission, of the Code of the County of Albemarle, in Section 2-30,
Compensation and term of office of members. Roll was called and the motion
carried by the following recorded vote:
AYES:
NAYS:
Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and
Mr. Marshall.
None.
(The adopted Ordinance is set out below:)
ORDINANCE NO. 97-2(2)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION,
ARTICLE IV, AIRPORT COMMISSION, OF THE CODE OF THE COUNTY OF
ALBEMARLE, VIRGINIA.
BE IT ORDAINED By the Board of Supervisors of the County of
Albemarle, Virginia, that Chapter 2, Administration, Article IV,
Airport Commission, is hereby amended and reordained by amending
section 2-30, Compensation and term of office of members, and
section 2-33, Powers and duties, as follows:
Article IV. Airport Commissions
Sec. 2-30. Compensation and term of office of members.
Ail members of the airport commission shall serve without
compensation. All members will serve terms which expire on December
1 of the third year following their appointment. No member will be
reappointed who has served as a member for nine (9) consecutive
years immediately preceding such reappointment.
(8-18-54, ~ 1; 12-17-64; 11-21-68; 5-16-74, § 1; 9-14-83)
Sec. 2-33. Powers and duties.
The airport commission shall be an advisory body having the
duty of keeping the governing bodies of the county and City of
Charlottesville and the Charlottesville-Albemarle Airport Authority
advised on all matters pertaining to the airport.
(8-18-54, ~ 2; 4-6-70; 5-16-74, § 1)
Agenda Item No. 8. SP-97-38. Randolph R. & Catherine C. Lang (Sign
#59). Public Hearing on a request to establish an antique & gift shop on
000055
October 8, 1997 (Regular Night Meeting)
(Page 12)
approx 2.0 acs. Znd RA & EC. Located on N side of Rt 250 W (Rockfish Gap
Turnpike) at Nelson County line. TM69,P7A. White Hall Dist. (This property
is not located in a designated growth area.) (Advertised in the Daily
Progress on September 24 and October 1, 1997.)
Mr. Cilimberg summarized the staff's report which is on file in the
Clerk's office and a permanent part of the record. Staff reviewed the request
for compliance with Section 31.2.4.1 of the Zoning Ordinance and recommends
approval with five conditions. This proposal provides an opportunity to
improve the conditions. No negative impacts have been identified that are not
addressed by the conditions of approval. The Architectural Review Board will
review the signs in association with this proposal.
The Planning Commission, at its meeting on September 2, 1997, unani-
mously recommended approval of SP-97-38 subject to the five conditions
proposed by staff.
There were no questions for Mr. Cilimberg from Board members. The
Chairman opened the public hearing. Ms. Penni Wright, the applicant, said she
would be happy to answer any questions.
There being no other comments, the public hearing was closed.
Mr. Cilimberg suggested that the third condition be amended to read:
~Architectural Review Board approval of sign". He added that exterior
lighting is being addressed as a condition and landscaping will be a part of
site plan review.
Motion was offered by Mr. Perkins, seconded by Mr. Marshall, to approve
SP-97-38, subject to the five conditions recommended by the Planning Commis-
sion, with condition #3 amended as recommended. Roll was called and the
motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and
Mr. Marshall.
None.
(The conditions of approval are set out below:
Site plan or site plan waiver to address the parking layout, consolida-
tion of the entrances and landscaping;
2. Engineering Department approval of entrance improvements;
3. Architectural Review Board approval of sign;
4. Health Department approval of use of existing septic system; and
5. Exterior lighting to be shielded.
Agenda Item No. 9. SP-97-039. Woolen Mills Warehouse (Sign #81&82).
Public Hearing on a request to allow for fill to be located in the 100 year
flood plain of Moore's Creek [Section 30.3.3.2 of Zoning Ordinance] associated
w/construction of 2 warehouses totaling 10,000 sq ft on approx 6.7 acs. Znd
LI. Located on SE sd of Franklin St, b/t Ch'ville City Limit & Moore's Creek.
TM77,P40. Scottsville Dist. (This property is recommended for Industrial
Service in Neighborhood 4.) (Advertised in the Daily Progress on September 24
and October 1, 1997.)
Mr. Cilimberg summarized the staff's report which is on file in the
Clerk's office and a permanent part of the record. Staff reviewed the request
for compliance with the provisions of Section 31.2.4.1 of the Zoning Ordinance
and recommended approval subject to three conditions.
Mr. Cilimberg said the Planning Commission discussed the existence of
the flood plain and the identification of this as a major and locally impor-
tant stream valley in the Open Space and Critical Resources Plan. The staff
did not feel this request would have a detrimental affect to the aesthetic
resources in the area. The area had actually been filled in during the
1960's. The staff also did not think there was any detriment to water
quality. Since this is a minor intrusion, it should have little, if any
October 8, 1997 (Regular Night Meeting)
(Page 13)
000056
impact on the natural environment and habitat of the area. In addition, there
will be no structures within the flood plain.
Mr. Cilimberg said the Planning Commission, at its meeting on September
16, 1997, unanimously recommended approval of SP-97-39 subject to three
conditions. He noted that the second condition recommended by staff was
amended by the Planning Commission.
Referring to Attachment nE" provided by staff, Mrs. Thomas asked what
happens if the building changes its type of activity. Mr. Cilimberg said that
is related to the fill activity because the building is not in the area
subject to the special use permit.
The Chairman opened the public hearing. Mr. Katurah Roell, the appli-
cant, said, in response to Mrs. Thomas, he believes it would be a zoning issue
if a change in use of the activity occurred. He is glad to see something go
in this location. A gentleman is planning to locate a bread distribution
company in one of the warehouses. The other warehouse will be used for
storage due to its proximity to the sewage treatment plant. The rest of the
area will be left intact. He thinks this property will overall be in better
condition when the project is complete.
Motion was then offered by Mr. Marshall, seconded by Mrs. Thomas, to
approve SP-97-39, as recommended by the Planning Commission. Roll was called
and the motion carried by the following recorded vote:
AYES:
NAYS:
Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and
Mr. Marshall.
None.
(The conditions of approval are set out below:)
Albemarle County Engineering approval of Erosion and Sediment Control
Plan;
Water quality measures shall be provided to achieve water quality
equivalent to predevelopment conditions, subject to the approval of the
Water Resources Manager; and
No soil shall be removed from the Moore's Creek flood plain to compen-
sate for any fill.
Agenda Item No. 10. Approval of Minutes: November 1, 1995.
Mrs. Thomas had read her portion of the minutes of November 1, 1995,
pages 35 (Item #10) end. She noted several typo errors. She noted on page
45, the third sentence in paragraph one reads: "The architect of record is a
subcontractor of the existing architects for the high school." She asked if
that was correct. Mr. Tucker responded, ~yes". Mrs. Thomas said she thought
the architect of record was the architect, and that the architect of record
had hired the subcontractors. Mr. Tucker commented that the architect of
record for the sustainability design is a subconstractor of the existing
architect. The architect for the school actually had no involvement in the
sustainability issue. Mrs. Thomas commented that it would be clearer to add
that language.
Mrs. Thomas then referred to page 41, paragraph one the first sentence
reads: ~In both cases, it should be noted that as water supply watershed
properties, package treatment and point source discharge is desirable." The
topic under discussion is the Highway Department's desire to replace their
rest areas. She thought the point was that ~point source discharge was not
desirable". She recalls that the Health Department had said that point source
discharges were not desirable in the watershed. Mr. Tucker suggested going
back to review the tape to see what was said. (Note: After reviewing the
tape, it is noted that the sentence should read: bin both cases, it should be
noted that as water supply watershed properties, package treatment and point
source discharge is undesirable."
With the above-noted minute book corrections, motion was offered by Mrs.
Thomas, seconded by Mr. Bowerman, to approve the minutes as read. Roll was
called and the motion carried by the following recorded vote:
October 8, 1997 (Regular Night Meeting)
(Page 14)
AYES:
NAYS:
000057
Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and
Mr. Marshall.
None.
Agenda Item No. 11.
BOARD.
Other Matters not Listed on the Agenda from the
Mrs. Thomas mentioned an invitation Board members received to attend a
meeting on the tributary strategy of the Piedmont Region of the James River.
She attended one of the earlier meetings. Mr. Tucker said he asked Mr. David
Hirschman, the Water Resources Manger, to attend on behalf of the County.
Mrs. Thomas mentioned information the Board received regarding the
recent Request for Proposals by the Rivanna Solid Waste Authority for trans-
porting Construction and Demolition Debris (CDD) from the Ivy Landfill to a
landfill outside of the County. She would like to have this on an agenda for
discussion in the near future. It is something the Rivanna Board will deal
with, with the assumption that the County does not want to put tax dollars
into hauling CDD away from here. A lot of her constituents do want the County
to haul it away. She thinks it is fair to them for the Board to discuss it
rather than her alone saying nobody else will want to put tax dollars into
this. She thinks this will determine what the landfill will look like for a
long time in the future.
Mr. Tucker said the Board can discuss this item on November 5th. The
only decision the Rivanna Board will have to make at this time is whether to
do any blasting. He does not think that decision has to be made right away
and he believes most members are moving away from that idea. He has also
provided Mrs. Thomas some information on tip fees, which he will provide to
other Board members, regarding whether to transfer or not and what a subsidy
might cost.
Mr. Bowerman said there is a press conference scheduled by VOTE YES, a
kick off on the meals tax campaign for Tuesday, October 14, 1997, 10:00 a.m.,
at the County Office Building on the front steps of the second floor.
Mrs. Thomas said on Sunday, October 12, 1997, at 1:30 p.m., the Char-
lottesville Municipal Band will be giving a program for the Thomas Jefferson
Planning District Commission. Mr. Bowerman will receive a citation of some
sort and Albemarle County will receive a citation for being an original member
of the Planning District Commission.
Agenda Item No. 12. Executive Session: Legal Matters.
At 7:37 p.m., Mr. Bowerman moved that the Board go into Executive
Session pursuant to Section 2.1-344(A) of the Code of Virginia under Subsec-
tion (7) to consult with legal counsel and staff regarding specific legal
matters relating to reversion. The motion was seconded by Mrs. Thomas. Roll
was called and the .motion carried by the following recorded vote:
AYES: Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and
Mr. Marshall.
NAYS: None.
Agenda Item No. 13. Certify Executive Session.
At 8:00 p.m., the Board reconvened into open session. Motion was
offered by Mr. Bowerman, that the Board certify by a recorded vote that to the
best of each Board member's knowledge only public business matters lawfully
exempted from the open meeting requirements of the Virginia Freedom of
Information Act and identified in the motion authorizing the executive session
were heard, discussed or considered in the executive session. The motion was
seconded by Mr. Martin. Roll was called and the motion carried by the
following recorded vote:
Approved by
Board
Initials
October 8, 1997 (Regular Night Meeting)
(Page 15)
000058
AYES:
NAYS:
Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and
Mr. Marshall.
None.
Agenda Item No. 14. Adjourn.
Motion was immediately offered by Mr. Perkins, seconded by Mr. Bowerman,
to adjourn to October 13, 1997, 4:00 p.m., for a tour of the Monticello High
School. Roll was called and the motion carried by the following recorded
vote:
AYES:
NAYS:
Mr. Martin, Mr. Perkins, Mrs. Thomas, Mr. Bowerman, Mrs. Humphris and
Mr. Marshall.
None.
~~ ~aJ'rman~~f~