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12-19-1984 MinutesBOARD OF SUPERVISORS MINUTES December 19, 1984 Supervisors in Attendance: Mr. Harry G. Daniel, Chairman Mr. G. H. Applegate, Vice Chairman Mr. R. Garland Dodd Mrs. Joan Girone Mr. Jesse J. Mayes Mr. Richard L. Hedrick County Administrator Staff in Attendance: Mr. Steve Micas, Co. Attorney Mrs. Pauline Mitchell, Public Info. Officer Mr. Jeffrey Muzzy, Asst. Co. Admin. for Community Develop. 1. CALL TO ORDER Mr. Daniel called the meeting to order at 12:30 p.m. in Room 502 of the Administration Building. 3. REVENUE BONDS FOR JOHN J. CHRETIEN Mrs. Girone stated that she, Mr. Applegate and staff had met with representatives of the John J. Chretien Company and with the inclusion of their letter outlining certain building criteria recommends approval of the bonds. Mr. Otis Brown was present representing the applicant. Mr. Micas stated there was a supplemental resolution which the Industrial Authority's attorney suggested be adopted which confirms criteria outlined in their letter, a copy of which is filed with the papers of this Board. On motion of Mrs. Girone, seconded by Mr. Applegate, the Board adopted the following resolution: WHEREAS, the Industrial Development Authority of the County of Chesterfield (the Authority) has previously authorized the issuance of its industrial development bonds in an amount not to exceed $6,500,000, upon terms to be mutually agreed upon, for the benefit of Midlothian Ramada Inn Associates to acquire, construct and equip a hotel of approximately 150 rooms, with meeting and other ancillary facilities to be located at 8700 block, Midlothian Turnpike, Chesterfield County; and WHEREAS, J. J. Chretien Company (the Company) has proposed to construct a hotel facility of approximately 150 rooms (the Project) on the same site, subject to terms to be agreed upon between the Authority and the Company, and has applied to the~ Authority to be substituted for Midlothian Ramada Inn Associates in the allocation of the State ceiling in the amount of indus- trial development bonds which may be issued on 1984; and WHEREAS, the Authority has held a public hearing thereon on December 10, 1984; and WHEREAS, the Authority has requested the Board of Supervisors (the Board) of the County of Chesterfield (the County), to approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended (the Code); and 84-765 , a copy of the Authority's resolution approving the ssuance of the Bonds, subject to terms to be agreed upon, a ecord of the public hearing and a "fiscal impact statement" with espect to the Project have been filed with the Board. E IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF HESTERFIELD: The Board of Supervisors of the County of Chesterfield, approves the issuance of the Bonds by the Industrial Development Authority of the County of Chesterfield, for the benefit of the Company, to the extent required by Section 103(k), to permit the Authority to assist in the financing of the Project. The approval of the issuance of the Bonds, as required by Section 103(k), does not constitute an endorsement of the Bonds or the creditworthiness of the Company, but, as required by Section 15.1-1380 of the Code of Virginia of 1950, as amended, the Bonds shall provide that neither the County nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the County nor the Authority shall be pledged thereto. Nothing in this resolution shall be construed as any assurance that any allocation of State Ceiling, as defined in Executive Order Number 50(84) of the Governor of the Commonwealth of Virginia, dated July 31, 1984, will be made. This resolution shall take effect immediately upon its adoption. : Unanimous motion of Mrs. Girone, seconded by Mr. Applegate, the Board the following resolution: , the Industrial Development Authority of the County of sterfield (the Authority) and the Board of Supervisors of ~ld County (the Board), have previously authorized the ssuance of industrial development bonds in an amount not to $6,500,000, upon terms to be mutually agreed upon, for the of the J. J. Chretien Company (the Company), to acquire, and equip a hotel facility of approximately 150 rooms, ith meeting and other ancillary facilities to be located at 8700 lock, Midlothian Turnpike, Chesterfield County; and , in order to insure a quality project benefiting the ounty, the Company has proffered certain building and quality onditions that will control the development of the Project; THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF IELD COUNTY THAT: The Board of Supervisors instructs the Authority to provide in all applicable loan documents, indentures or sales agreements that the Company will covenant to build and operate the project as described in the letter dated December 17, 1984 from J. J. Chretien to Jeff Muzzy, a copy of which is incorporated herein. In addition, such documents shall contain assurances that the development shall conform with the visual rendering prepared by Oldham and Seltz dated December 14, 1984, a copy of which is incorporated herein; that the County Planning Staff shall approve the color of the brick prior to issuance of a building permit for the Project; and that the Company will not convey its interest in the development while the 84-766 Bonds are outstanding without complying with conditions imposed by the Authority. This resolution shall take effect immediately upon its adoption and a copy shall be sent to the Chairman of the Authority, counsel to the Authority and J. J. Chretien. V~te: Unanimous Le Board expressed appreciation to Mr. Brown for his cooperation this matter. Mr. Brown stated his clients were impressed with t Le County's interest in development in the County to this m!gnitude. EXECUTIVE SESSION motion of Mr. Dodd, seconded by Mr. Mayes, the Board went into ecutive Session for consultation with the County Attorney to scuss legal matters relating to HMK vs. Board of Supervisors, al., Civil Action No. 84-1070-R, pursuant to Section 2.1-344 i) (6) of the Code of Virginia, 1950, as amended. .te: Unanimous convening: '. Daniel excused himself from the meeting. .e Board recessed to lunch at the Crosswind Restaurant. R :convening: ADJOURNMENT O. motion of Mr. Dodd, seconded by Mrs. Girone, the Board a ~journed at 2:15 p.m. until 12:00 noon on January 2, 1985, in R ~om 502 for an organizational meeting. 'es: Mr. Applegate, Mr. Dodd, Mrs. Girone and Mr. Mayes. A ~sent: Mr. Daniel. C ,unty Administrator ~arry~. Daniel Chairman 84-767