Agenda Board of Supervisors Meeting Tuesday, December 08, 2020 at 4:00 PM
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Agenda Board of Supervisors Meeting Tuesday, December 08, 2020 at 4:00 PM County Administration Building, Auditorium 414 N Main Street, Madison, Virginia 22727 Call to Order Call to Order, Pledge of Allegiance & Moment of Silence Determine Presence of a Quorum / Adopt Agenda Public Comment Special Appearances 1. Presentation to Terri Weaver (Jackson) 2. Consideration: Resolution to Support Woodberry Forest's IDA Financing (Gardner) 3. Consideration: Endorsement of a Medical Cannabis Operator/Cultivator (Jackson) 4. Public Hearing: Mountaineer Village VA, LLC Tax Abatement Ordinance (Webb) 5. Public Hearing: Disposal of American Legion Property on Thrift Road (Gregg) Consent Agenda 6. Consent Agenda: A. Minutes from the November 24, 2020 Meeting B. Authorization to Pay Capital Project Invoices from Bond Proceeds Constitutional Officers, County Departments, Committees & Organizations Old Business 7. Consideration: Revised Leathers Lane Position Statement (Gregg) 8. Consideration: Whidby Proposal for Leathers Lane Maintenance (Hobbs) 9. Consideration: Madison County Administration Center Renovation Contract Award (Hobbs) New Business 10. Discussion: FY22 Budget Development Calendar (Hobbs) 11. Consideration: Bridge Replacement on Repton Mill Road at Beautiful Run (Hobbs) Information/Correspondence Public Comment Closed Session 12. Adjourn to January 4, 2020 at 9:00 AM (Cancel December 22, 2020 Meeting) 1 1. 2 2. NOTICE OF PUBLIC HEARING ON PROPOSED REVENUE BOND FINANCING BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF MADISON COUNTY, VIRGINIA NOTICE IS HEREBY GIVEN that the Industrial Development Authority of Madison County, Virginia (the “Authority”), will hold a public hearing, which may be continued or adjourned, at 7:00 p.m. on Monday, December 7, 2020, in the Madison County Administrative Center Auditorium, 414 North Main Street, Madison, Virginia 22727, concerning the issuance of one or more series of revenue bonds (the “2021 Bonds”) for the benefit of Woodberry Forest School (the “School”). The 2021 Bonds, which will be issued in an aggregate amount currently expected not to exceed $20,000,000, will be issued as qualified 501(c)(3) bonds pursuant to the Virginia Industrial Development and Revenue Bond Act (the “Act”) to (a) finance the capital improvement projects described below benefitting the School’s educational purposes and (b) pay all or a portion of the related costs of issuance of the 2021 Bonds. The School desires to use proceeds of the 2021 Bonds to finance various capital improvement projects on its Campus (as hereinafter defined), including, without limitation, the completion of renovations of the Walker Building and the construction, improvement and equipping of various capital improvements set forth in the Capital Improvement Plan endorsed by the School’s Board of Trustees (as it may be amended from time to time). The School is a Virginia non-profit corporation whose campus (the “Campus”) is located in Madison County, Virginia, with its main entrance on U.S. Route 15 at Virginia State Highway 622. The School’s mailing address is Woodberry Forest School, 10 Woodberry Station, 898 Woodberry Forest Road, Woodberry Forest, Virginia 22989. All improvements to be financed with proceeds of the 2021 Bonds will be located on the Campus and will be owned and operated by the School. As required by the Act, the 2021 Bonds will not pledge the credit or the taxing power of the Commonwealth of Virginia, Madison County, Virginia, or the Authority, but will be payable solely from revenues derived from the School and pledged therefor. Any person interested in the issuance of the 2021 Bonds may appear and be heard. Please refer to the Madison County website regarding any particular protocols or restrictions related to the COVID-19 pandemic that may affect public meetings and public participation (https://www.madisonco.virginia.gov/emergencymanagement/page/covid-19- information). Written comments may also be sent to the Authority c/o [email protected] or mailed to the Authority, P.O. Box 705, Madison, VA 22727. INDUSTRIAL DEVELOPMENT AUTHORITY OF MADISON COUNTY, VIRGINIA 3 2. 4 2. 5 2. 6 2. 7 2. 8 2. 9 2. 10 2. 11 2. 12 2. RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF MADISON COUNTY, VIRGINIA WHEREAS, the Industrial Development Authority of Madison County, Virginia (the “Authority”), has received information on the plans of Woodberry Forest School, a not-for-profit Virginia nonstock corporation that owns and operates an independent preparatory school for boys (the “School”), to (a) finance various capital improvement projects on its campus, including, without limitation, the completion of renovations of the Walker Building and the construction, improvement and equipping of various capital improvements set forth in the Capital Improvement Plan endorsed by the School’s Board of Trustees (as it may be amended from time to time) (collectively, the “Project”), and (b) pay the related costs of issuance; WHEREAS, the School in its appearance before the Authority and in its application has described the benefits of the financing and has requested the Authority to issue its educational facilities revenue bonds (as more particularly described below, the “Bonds”) under the Virginia Industrial Development and Revenue Bond Act in Section 15.2-4900, et. seq. of the Code of Virginia of 1950, as amended (the “Act”), in such amounts as may be necessary to (a) finance the costs of the Project and (b) pay the related costs of issuance; and WHEREAS, a public hearing 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. NOW, THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF MADISON COUNTY, VIRGINIA: 1. It is hereby found and determined that the financing of the Project for the School (a) will be in the public interest of Madison County, Virginia (the “County”), and its environs, (b) will enable the School to provide improved educational services and facilities for the use of the inhabitants of the Commonwealth of Virginia (the “Commonwealth”) and the County, and (c) will be in furtherance of the purposes of the Act. 2. The Authority hereby agrees to assist the School in the financing of the Project by issuing the Bonds in an aggregate principal amount not to exceed $20,000,000. 3. The Bonds may be issued in one or more series at one time or from time to time. The Bonds will be issued in form and pursuant to terms to be set by the Authority in a subsequent resolution. The payment of the Bonds will be secured by an assignment for the benefit of the holders thereof, of substantially all of the Authority’s rights to payments under the loan agreement and may be additionally secured by other collateral. 4. The proceeds of the Bonds shall be loaned to the School to enable it to acquire, construct, improve, equip and develop the Project, pay issuance and related financing costs of the Bonds and, if necessary, pay capitalized interest on the Bonds during and after any construction of the Project. The School shall agree to provide payments to the Authority sufficient to pay the principal of, premium, if any, and interest on and purchase price of, if any, the Bonds and to pay all other expenses in connection with financing the Project. 13 2. 5. It having been represented to the Authority that it may be necessary to proceed immediately with the acquisition, construction, improvement, equipping and development of the Project, the Authority hereby agrees that the School may proceed with plans for the Project, enter into contracts for acquisition, construction, improvement, equipping and development of the Project, and take such other steps as it may deem appropriate in connection therewith, provided that nothing herein shall be deemed to authorize the School to obligate the Authority without its consent in each instance to the payment of any moneys or the performance of any acts in connection with the Project. The Authority agrees that the School may be reimbursed from the proceeds of the Bonds for all lawful costs so incurred by it. 6. The Authority hereby agrees with the recommendation of the School that Hunton Andrews Kurth LLP be appointed as bond counsel in connection with the issuance of the Bonds and hereby appoints such firm to supervise the proceedings and approve the issuance of the Bonds. 7. All lawful costs and expenses incurred in connection with the financing of the Project and the issuance of the Bonds, including the fees and expenses of bond counsel, counsel for the Authority and the purchaser or underwriter for the sale of the Bonds, shall be paid from the proceeds of the Bonds or by the School. If for any reason the Bonds are not issued, or the Bonds are issued but it is determined that a part or all of such costs are not lawfully payable out of Bond proceeds, it is understood that all such expenses shall be paid by the School and that the Authority shall have no responsibility therefor. 8. The School shall indemnify and save harmless the Authority, its officers, directors, employees, and agents from and against all liabilities, obligations, claims, damages, penalties, fines, losses, costs, and expenses in any way connected with the School, the issuance of the Bonds or the financing of the Project. 9. The Authority hereby recommends that the Board of Supervisors of the County approve the issuance of the Bonds in accordance with the provisions of Section 147(f) of the Code and Section 15.2-4906 of the Act within sixty days of the date of the adoption of this resolution. 10. The Authority hereby directs the Secretary or Assistant Secretary of the Authority to submit to the Board of Supervisors of the County a copy of this resolution, the School’s fiscal impact statement and a summary of the public hearing proceedings held by the Authority prior to the adoption of this resolution.