COUNTY OF ALBEMARLE

 

EXECUTIVE SUMMARY

 

 

AGENDA TITLE:

Amendment of Articles of Incorporation for the Rivanna Water and Sewer Authority and the Rivanna Solid Waste Authority

 

 

SUBJECT/PROPOSAL/REQUEST:

Concurrent Resolutions to Amend and Restate Articles of Incorporation for the Rivanna Authorities to increase the number of members on the boards

 

 

STAFF CONTACT(S):

Messrs. Tucker, Davis

 

 

LEGAL REVIEW:   Yes

 

AGENDA DATE:

April 1, 2009

 

ACTION:     X          INFORMATION:   

 

CONSENT AGENDA:

  ACTION:              INFORMATION:   

 

 

ATTACHMENTS:   Yes

 

 

REVIEWED BY:

 

 

 

BACKGROUND:

The Rivanna Water and Sewer Authority (“RWSA”) was created in 1972 and the Rivanna Solid Waste Authority (“RSWA”) was created in 1990 by concurrent resolutions adopted by the Charlottesville City Council and the Albemarle County Board of Supervisors.  Each Concurrent Resolution set forth the legal framework for the authority being created by establishing Articles of Incorporation that included the qualifications and number of members of the Board of Directors.  The RWSA Articles of Incorporation was subsequently amended in 1986, again by adoption by the City Council and the Board of Supervisors of a Concurrent Resolution.  The Articles of Incorporation for each Authority are filed with the State Corporation Commission and remain effective until such time that they are superseded by the filing of properly adopted amended articles of incorporation.

 

The current Articles of Incorporation provide that each Authority is governed by a five member Board consisting of the following members:

 

RWSA:

 

 

RSWA:

 

 

Both the City Council and the Board of Supervisors expressed an interest in expanding the membership of the Boards of the two Authorities to include one member of the City Council and one member of the Board of Supervisors. 

 

STRATEGIC PLAN:

County Mission: To enhance the well-being and quality of life for all citizens through the provision of the highest level of public service consistent with the prudent use of public funds.

 

 

DISCUSSION:

The state enabling legislation for local authorities such as the RWSA and RSWA provides that “one or more members of the governing body of a locality may be appointed board members of the authority”. Virginia Code §15.2-5113 (A). The procedure for changing the membership of the RWSA and RSWA Boards, including providing for the appointment of a member of City Council and a member of the County Board of Supervisors to each Board, is the adoption of concurrent resolutions or ordinances by the two governing bodies following an advertised public hearing.  If the concurrent resolutions or ordinances are adopted by the two governing bodies, the amended Articles of Incorporation approved in the concurrent resolutions or ordinances must be filed with the State Corporation Commission.

 

The proposed Articles of Incorporation expands the membership of the Boards of the two Authorities to include one member of the City Council and one member of the Board of Supervisors.  In addition, clarification is provided that the terms of all ex officio members shall not exceed four years.  However, it provides that such ex officio members may be eligible for reappointment for additional four year terms so long as they hold their appointed or elected offices.  The proposed Resolution for the RSWA would also allow the Board of Supervisors to appoint another County department head to the RSWA Board in place of the County Engineer.  After the County reorganized departments and created the Community Development Department, Mark Graham has continued to be designated the County Engineer for purposes of serving on the RSWA Board.  The proposed change would allow for the direct appointment of the Director of Community Development or any other County department head in the place of the County Engineer.

 

The City Council held its public hearings on March 16, 2009 and adopted the attached concurrent resolutions. Attachment A is the Concurrent Resolution for the RWSA and Attachment B is the Concurrent Resolution for the RSWA.  A separate public hearing has been advertised and should be held for each Concurrent Resolution.  Likewise, separate votes should be taken on the two Concurrent Resolutions.  The adoption of the Resolutions is a matter of the Board of Supervisor’s discretion. However, if any substantive changes in the Resolutions are desired it would be necessary to advertise the new changes and to hold another public hearing before adopting any amended resolution.  In addition, the City would need to repeat this process to reconsider and approve any changes.

 

BUDGET IMPACT:

No budget impact is anticipated.

 

RECOMMENDATIONS:

Staff recommends that the Board hold the advertised public hearings and adopt the attached Resolutions if the Board wants to expand the membership of the Boards of the two Authorities to include one member of the City Council and one member of the Board of Supervisors.

 

ATTACHMENTS

A – Concurrent Resolution to amend the RWSA Articles of Incorporation

B – Concurrent Resolution to amend the RSWA Articles of Incorporation

Return to regular agenda