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HomeMy WebLinkAbout3/10/2009 - Adopted Board Records AT A REGULAR MEE-rING OF THE BOARD OF SUPERVISORS OFROANOKE COUNTY, VIRGINIA, HELD AT -rHE ROANOKE COL'NTY ADMINISTRATION CENTER ON TUESDAY, MARCH 10,2009 RESOLUTION 031009-1 OF CONGRATULATIONS TO DR. LORRAINE S. LANGE FOR RECEIVING AN eSCHOOL NEWS TECH-SAWY SUPERINTENDENT AWARD FOR 2009 WHEREAS, the eSchool News Tech-Sawy Superintendent Awards Program, which was established in 2001, honors K-12 educators who have displayed exemplary vision in the use of technology to further the goals of educating today's students and equip then1 with 218t century skills; and WHEREAS, Dr. Lorraine S. Lange, Roanoke County School Superintendent, was nominated for this elite award by a teacher of her district, and from hundreds of countrywide nominations was chosen one of ten national recipients by a panel of judges that includes past laureates of tile award; and WHEREAS, the criteria used to screen the winners are found in the Hallmarks of Excellence and include the effective use of technology day-to-day, distributing resources among students and staff district wide, offering training resources, integrating technology into the curriculum, and using technology to improve business operations; and WHEREAS, Dr. Lange exceptionally demonstrates all of the Hallmarks of Excellence criteria set forth by the eSchool News Network; and serves as an exemplary model for other school superintendents nationwide; and WHEREAS, Dr. Lange was presented with this award in February 2009, and the Board of Supervisors wishes to congratulate Dr. Lange for being recognized as one of the nation's top ten educators for her technology vision and leadership. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, does hereby extend its sincere congratulations to DR. LORRAINE S. LANGE for receiving an eSchool News Tech-Savvy Superintendent Award for 2009; and BE IT FURTHER RESOLVED, that the Board of Supervisors expresses its deepest appreciation to Dr. Lange for her enduring dedication and significant contributions to the education of the children of Roanoke County Schools. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: A YES: Supervisors Moore, Church, Flora, McNamara, Altizer NA YS: None A COpy TES-rE: ~~)~ Brenda J. Ho on, CMC Deputy Clerk to the Board 2 AT A REGULAR IVIEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADIVIINISTRA-rION CENTER ON TUESDAY, MARCH 10, 2009 RESOLUTION 031009-2 AUTHORIZING THE ISSUANCE AND SALE OF NOT TO EXCEED $50,000,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF ROANOKE, VIRGINIA TO BE SOLD TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY AND PROVIDING FOR THE FORM AND DETAILS THEREOF WHEREAS, the Board of Supervisors (the "Board") of the County of Roanoke, Virginia (the "County") has determined that it is necessary and expedient to borrow an amount not to exceed $50,000,000 and to issue its general obligation school bonds to finance certain capital projects for school purposes. WHEREAS, the Board held a public hearing on March 10, 2009, on the issuance of the Bonds (as defined below) in accordance with the requirements of Section 15.2- 2606, Code of Virginia of 1950, as amended (the "Virginia Code"). WHEREAS, the SCllool Board of the County has requested by resolution the Board to authorize the issuance of the Bonds and has consented to the issuance of the Bonds. WHEREAS, the Bond Sale Agreement (as defined below) shall indicate that $47,700,000 is the amount of proceeds requested (the "Proceeds Requested") from the Virginia Public School Authority ("VPSA") in connection with the sale of the Bonds. WHEREAS, VPSA's objective is to pay the County a purchase price for tile Bonds which, in VPSA's judgment, reflects the Bonds' market value (the "VPSA Purchase Price Objective"), taking into consideration such factors as the amortization schedule the County has requested for the Bonds, the amortization schedules requested by other localities, the purchase price to be received by VPSA for its bonds and other market conditions relating to the sale of VPSA's bonds. WHEREAS, such factors may result in the Bonds having a purchase price other than par and consequently (i) the County may have to issue a principal amount of Bonds that is greater than or less than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) if the maximum authorized principal amount of the Bonds set forth in section 1 below does not exceed the Proceeds Requested by at least the amount of any discount, the purchase price to be paid to the County, given the VPSA Purchase Price Objective and market conditions, will be less than the Proceeds Requested. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF ROANOKE, VIRGINIA: 1 . Authorization of Bonds and Use of Proceeds. The Board hereby determines that it is advisable to contract a debt and to issue and sell general obligation -1- school bonds of the County in the maximun1 principal amount not to exceed $50,000,000 (the IIBonds") for the purpose of financing certain capital projects for school purposes. The Board hereby authorizes the issuance and sate 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 VPSA to purchase from the County, and to sell to VPSA, the Bonds at a price determined by VPSA and accepted by the Chairman of the Board or the County Administrator and upon the terms established pursuant to this Resolution. The County Administrator and the Chairn1an of the Board, or either of them, and such officer or officers of the County as either of them may designate, are hereby authorized and directed to enter into the Bond Sale Agreement with the VPSA providing for the sale of the Bonds to VPSA in substantially the form on file with the County Administrator, which form is hereby approved (the "Bond Sale Agreement"). 3. Details of the Bonds. The Bonds shall be issuable in fully registered form in denorr~inations of $5,000 and whole multiples thereof; shall be dated the date of issuance and delivery of the Bonds; shall be designated "General Obligation School Bonds, Series 2009 (or such other designation as the County Administrator may approve) shall bear interest from the date of delivery thereof payable semi-annually on each January 15 and July 15 (each an "Interest Payment Date"), beginning January 15, 2010, at the rates established in accordance with paragraph 4 of this Resolution; and shall mature on July 15 in the years (each a "Principal Payment Date") and in the amounts established in accordance with paragraph 4 of this Resolution. The Interest Payment Dates and the Principal Payment Dates are subject to change at the request of VPSA. 4. Principal Installments and Interest Rates. The County Administrator is hereby authorized and directed to accept the interest rates on the Bonds establisl1ed by VPSA, provided that each interest rate shall be no more than ten one-hundredths of one percent (0.100/0) over the interest rate to be paid by VPSA for the corresponding principal payment date of the bonds to be issued by the VPSA (the "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 six percent (60/0) per annum. The County Adn1inistrator is further authorized and directed to accept the aggregate principal amount of the Bonds and the amounts of principal of the Bonds coming due on each Principal Payment Date (the "Principal Installments") established by VPSA, including any changes in the Interest Payment Dates, the Principal Payment Dates and the Principal Installments which may be requested by VPSA provided that such aggregate principal amount shall not exceed the maximum amount set forth in paragraph one and the final maturity of the Bonds shall not be later than 21 years from their date. The execution and delivery of the Bonds as described in paragraph 8 hereof shall conclusively evidence such Interest Payment Dates, Principal Payment Dates, interest rates, principal amount and Principal Installments as having been so accepted as authorized by this Resolution. -2- 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: Pavinq Agent and Bond Reqistrar. The following provisions shall apply to the Bonds: (a) For as long as VPSA is the registered owner of the Bonds, all payments of principal of, premium, if any, and interest on the Bonds shall be made in immediately available funds to 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 succeeding such Interest Payment Date, Principal Payment Date or date fixed for prepayment or redemption; (b) All 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; and (c) U.S. Bank National Association, 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, 2019, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature on or before July 15, 2019, are not subject to prepayment or redemption prior to their stated maturities. -rhe Principal Installments of tile Bonds held by the VPSA coming due after July 15, 2019, and the definitive Bonds for which the Bonds held by the VPSA may be exchanged that mature after July 15, 2019, 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, 2019, 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 15,2019 to July 14, 2020, inclusive................................ July 15, 2020 to July 14, 2021, inclusive................................ July 15,2021 and thereafter .................................................. 101 0/0 100.5 100; Provided, 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 redenlption 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. The County Administrator is authorized to approve such other rederr~ption provisions, including changes to the redemption dates set forth above, as may be requested by VPSA. -3- 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. -rhe manner of such execution may be by facsimile, provided that if both signatures are by facsimile, the Bonds shall not be valid until authenticated by the manual signature of the Paying Agent. 9. Pledqe of Full Faith and Credit. For the prompt payment of the principal of, and the prenliunl, 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 sl1all be outstanding there shall be levied and collected in accordance w'ith 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 the prerrlium, 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: Non-Arbitraqe Certificate. The Chairman of the Board and the County Administrator, or either of them and such officer or officers of the County as either may designate are hereby authorized and directed to execute a Non-Arbitrage Certificate, if required by bond counsel, and a Use of Proceeds Certificate 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 Use of Proceeds Certificate and the County shall comply with the 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 deterrrlines that it is in the best interests of the County to authorize and direct the County Treasurer to participate in the State Non-Arbitrage Program in connection with the Bonds. -rhe County Administrator and the Chairman of the Board, or either of them and such officer or officers of the County as either of them 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, VPSA, the investment manager, and the depository substantially in the form on file with the County Administrator, which form is hereby approved. 12. Continuinq Disclosure Aqreement. The Chairman of tile Board and the County Administrator, or either of them, and such officer or officers of the County as -4- either of them may designate are hereby authorized and directed (i) 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 conlpliance with the provisions of the Securities and Exchange Commission Rule 15c2-12 and (ii) to make all filings required by Section 3 of the Bond Sale Agreement should the County be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 13. Filino 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 County Administrator, the Chairman of the Board, and such other officers, employees and agents of the County as either of them may designate are hereby authorized to take such action as the County Administrator or the Chairman of the Board may consider necessary or desirable in connection with the issuance and sale of the Bonds and any such action previously taken is hereby rati"fied and confirmed. 15. Effective Date. This Resolution shall take effect immediately. Tile undersigned Clerk of the Board of Supervisors of the County of Roanoke, 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 March 10, 2009, 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. The front page of this Resolution accurately records (i) the members of the Board of Supervisors present at the meeting, (ii) the members who were absent from the meeting, and (iii) the vote of each member, including any abstentions. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNanlara, Altizer NAYS: None A COpy TESTE: ~9:~ Brenda J. Holton, CMC Deputy Clerk to the Board of Supervisors -5- cc: Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Dr. Lorraine Lange, School Superintendent Brenda Chastain, Clerk, School Board I hereby certify that the foregoing is a true a,nd correct copy of Resolution 031009-2 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on Tuesday, March 10, 2009. Brenda J. Holton, Deputy Clerk -6- EXHIBIT A (FORM OF TEMPORARY BOf\ID) NO. TR-1 $ UNITED STA-rES OF AMERICA COrvlMONWEAL TH OF VIRGINIA COUNTY OF ROANOKE General Obliqation School Bond Series 2009 -rhe COUNTY OF ROANOKE, VIRGINIA (the "County"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY the principal amount of Dollars ($ ), in annual installments in the amounts set forth on Schedule I attached hereto payable on July 15, 2009 and annually on July 15 thereafter to and including July 15, 20_ (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable serrli-annually on January 15 and July 15 of each year commencing on January 15, 2010 (each an "Interest Payment Date;" together with any Principal Payment Date, a "Payment Daten), at the rates per annum set forth on Schedule I attached hereto, subject to prepayment or reden'"lp1:ion as hereinafter provided. Both principal of and interest on this Bond are payable in lawful money of the United States of America. For as long as the Virginia Public School Authority is the registered owner of this Bond, U.S. Bank National Association, Richmond, Virginia, as bond registrar (the "Bond Registrar") shall make all payments of principal, premium, if any, and interest on this -7- Bond, without presentation or surrender hereof, to the Virginia Public School Authority, in irr~mediately available funds at or before 11 :00 a.m. on the applicable Payment Date or date fixed for prepayment or redemption. If a Payment Date or date 'fixed for prepayment or redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of principal, premium, if any, or interest on this Bond shall be made in immediately available funds at or before 11 :00 a.m. on the business day next succeeding the scheduled Payment Date or date fixed for prepayment or redemption. Upon receipt by the registered owner of this Bond of said payments of principal, premium, if any, and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the County shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. The full faith and credit of the County are irrevocably pledged for the payment of the principal of and the prerrlium, if any, and interest on this Bond. The resolution adopted by the Board of Supervisors authorizing the issuance of the Bonds provides, and Section 15.2-2624 of the Code of Virginia of 1950, as amended, requires, that there shall be levied and collected an annual tax upon all taxable property in the County subject to local taxation sufficient to provide for the payment of the principal, premium, if any, and interest on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be 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. -8- This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia of 1950, as amended, and resolutions duly adopted by the Board of Supervisors of the County and the School Board of the County to provide funds for capital projects for school purposes. This Bond may be exchanged without cost, on twenty (20) days written notice from the Virginia Public School Authority at the office of the Bond Registrar on one or more occasions for one or more temporary bonds or definitive bonds in marketable form and, in any case, in fully registered fornl, in denoITlinations of $5,000 and whole multiples thereof, having an equal aggregate principal amount, having principal installments or maturities and bearing interest at rates corresponding to the maturities of and the interest rates on the installments of principal of this Bond then unpaid. "rhis Bond is registered in the name of the Virginia Public School Authority on the books of the County kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for definitive Bonds as hereinabove provided, such definitive Bonds to be registered on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond coming due on or before July 15, 2019 and the definitive Bonds for w~lich this Bond may be excl1anged that mature on or before July 15, 2019 are not subject to prepayment or redemption prior to their stated maturities. The principal installments of this Bond coming due after July 15, 2019, and -9- the definitive Bonds for w~lich this Bond may be exchanged that mature after July 15, 2019 are subject to prepayment or redemption at the option of the County prior to tl1eir stated maturities in whole or in part, on any date on or after July 15, 2019, 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, 2019 to July 14, 2020, inclusive................................ July 15, 2020 to July 14, 2021, inclusive................................ July 15, 2021 and thereafter .................................................. 1010/0 100.5 100; Provided, however, that the Bonds shall not be subject to prepayment or rederTlption prior to their stated maturities as described above without the prior 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. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of t~lis Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and laws of the COrTlmonwealth of Virginia. -10- THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK -11- IN WITNESS WHEREOF, the Board of Supervisors of the County of Roanoke, Virginia, has caused tbis Bond to be issued in the name of the County of Roanoke, Virginia, to be signed by its Chairman or Vice-Chairman, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated May _,2009. COUNTY OF ROANOKE, VIRGINIA (SEAL) ATTEST: By: Deputy Clerk, Board of Supervisors of the County of Roanoke, Virginia Chairman, Board of Supervisors of the County of Roanoke, Virginia -12- ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLL~DING ZIP CODE, OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDEN-rIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attorney to exchange said Bond for definitive bonds in lieu of w~lich this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of tile Bond Registrar which requirements will include membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. ) Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or change.) -13- ACTION NO. A-031 009-3 ITEM NO. F-1 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA HELD AT THE ROANOKE COUNTY ADMINIS-rRA1-ION CENTER MEETING DATE: March 10, 2009 AGENDA ITEM: Request to appropriate $51 ,200,000 for the renovation of Mount Pleasant Elementary, Green Valley Elementary, Cave Spring Elementary and William Byrd High School from VPSA bond proceeds and school capital reserves SUBMITTED BY: Diane D. Hyatt Chief Financial Officer APPROVED BY: John M. Chambliss County Administrator COUNTY ADMINISTRATOR'S COMMENTS: BACKGROUND: The next projects on the School Board Capitallrrlprovement Plan are the renovations of Mount Pleasant Elementary, Green Valley Elementary, Cave Spring Elementary and William Byrd High School. These projects may include some or all of the following: asbestos abatement, renovation of existing corridors, upgrade of HV AC and electrical systems, renovation of existing classrooms, upgrade of kitchen and serving area, renovations to the auditorium, replacement of existing windows and roof system, general interior finish upgrades, and parking lot improvements. SUMMARY OF INFORMATION: The total project budget will be funded with existing capital reserves and pending VPSA bond issues (Attachment A). -rhe School Board has previously appropriated $1,132,950 from major capital reserves for William Byrd High and $2,275,866 as an advance for the three elementary schools for the initial architecture/engineering and survey/testing costs. At that time, the School Board approved a reimbursement resolution for these projects to allow the costs to be reimbursed from the future VPSA bond issue. The School Board has agreed to a total of $3,500,000 from existing major capital reserves towards these projects. 1 The ability to subsidize capital projects with cash payments is made possible by the joint capital financing plan adopted by the School Board and Board of Supervisors in December 2004. Staff has prepared the required application and resolutions to participate in the Spring 2009 bond sales. As part of this application process, a public hearing will be held by the County Board of Supervisors on March 10, 2009. FISCAL IMPACT: The total project budget of $51 ,200,000 will be funded with cash reserves of $3,500,000 and pending bond sales of $47,700,000 (including issuance costs of $110,000) which are included in the capital financing plan for the school system as approved by the Board of Supervisors. STAFF RECOMMENDATION: Staff recommends a total appropriation of $51 ,200,000 for the renovation of William Byrd High, Mount Pleasant Elementary, Green Valley Elementary, and Cave Spring Elementary which includes $3,500,000 frorr~ major capital reserves ($1,132,950 approved on August 28,2008) and $47,700,000 from the Spring 2009 VPSA bond issue ($2,275,866 advanced by the School Board on August 28, 2008). VOTE: Supervisor Flora moved to approve the staff recommendation. Motion Approved ~ Yes No Absent Ms. Moore ~ D D Mr. Church ~ D D Mr. Flora ~ D D Mr. McNamara ~ D D Mr. Altizer ~ D D c: Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Dr. Lorraine Lange, School Superintendent Brenda Chastain, Clerk, School Board 2 V') ......, OJ tlO -0 ::::s c:J -0 c: n3 V') ......, u OJ '0 L- a.. Q) o o N bD C L- a. 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E .n -- T""" l W ~ :::J () o o -- () ......., QJ boO U :J a:l ....., U (l.l .0' C: ro (5 1-- AT A REGL~LAR MEE-rING OF -rHE BOARD OF SL~PERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRA1-ION CENTER ON TUESDAY, MARCH 10,2009 RESOLUTION 031009-4 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SLIPERVISORS AGENDA FOR THIS DATE DESIGNATED AS rrEM J - CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: -rhat the certain section of the agenda of the Board of Supervisors for March 10, 2009 designated as Item J - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Item 1 inclusive, as follows: 1. Resolution of congratulations to the Town of Vinton on its 125th Anniversary That the Clerk to tile Board is hereby authorized and directed where required by law to set forth upon any of said items the separate vote tabulation for any such item pursuant to this resolution. On motion of Supervisor Flora to adopt the consent resolution, and carried by the following recorded vote: A YES: Supervisors Moore, Church, Mcl\Jamara, Flora) Altizer NAYS: None A COpy TESTE: ~~.~ Brenda J. Halon, CMC Deputy Clerk to the Board AT A REGULAR MEE1""ING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, MARCH 10,2009 RESOLUTION 031009-4.a OF CONGRATULATIONS TO THE TOWN OF VINTON ON ITS 125TH ANNIVERSARY WHEREAS, on March 17, 1884, the General Asserrlbly of Virginia granted a charter establishing the Town of Vinton as a separate political subdivision located within Roanoke County; and WHEREAS, during its 125 year existence, the Town of Vinton, both as a separate political subdivision and as part of Roanoke County, has made many significant contributions to both the citizens of the Town and the citizens of Roanoke County; and WHEREAS, the Vinton Town Council has scheduled a celebration on March 17, 2009, at the Vinton War Memorial, to honor the Town and its many outstanding citizens, both past and present, who have made many valuable contributions to the quality of life in the Town of Vinton and Roanoke County. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County that it does hereby express its most sincere congratulations to the Town of Vinton, its Council, and its citizens on the 125thanniversary of the Town of Vinton's most distinguished existence; and BE IT FURTHER RESOLVED that the Board does express its appreciation to the Town and its many citizens, both past and present, who have made many substantial contributions to the quality of life in both the Town of Vinton and in Roanoke County; and 1 BE IT FURTHER RESOLVED that Roanoke County, in commending and congratulating the Town of Vinton for its nlost successful past 125 years, looks forward to continued meaningful cooperation in providing essential and necessary governmental services for all our citizens for the next 125 years. On motion of Supervisor Flora to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None A COpy -rESTE: ~~~ Brenda J. Iton, CMC Deputy Clerk to the Board 2 AT A REGULAR MEE-rING OF -rHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRA1-ION CENTER ON l-UESDA Y, MARCH 10, 2009 RESOLUTION 031009-5 CERTIFYING THE CLOSED MEE1-ING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of -rhe Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that tile Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member's knowledge: 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies, and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor Altizer to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Moore, Church, McNamara, Flora, Altizer NAYS: None A COpy TESTE: ~~~ Brenda J. Ho on, CMC Deputy Clerk to the Board AT A REGULAR MEE1-ING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CEN-rER ON TUESDAY, MARCH 10,2009 ORDER 031009-6 SETTING THE TAX RATE ON REAL ESTATE SITUATE IN ROANOKE COUNTY FOR -rHE CALENDAR YEAR 2009 BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, that the levy for the twelve-month period beginning January 1, 2009, and ending December 31 , 2009, be, and hereby is, set for a tax rate of $1.09 per one hundred dollars of assessed valuation on a,1I taxable real estate and mobile homes classified by Sections 58.1-3200, 58.1-3201, 58.1-3506.A.8, and 58.1-3506.B of the 1950 Code of Virginia, as amended, situate in Roanoke County. On motion of Supervisor Altizer to adopt the order, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NA YS: None A COpy TESTE: ~~~ Brenda J. Ho ton, CMC Deputy Clerk to the Board cc: Paul Mahoney, County Attorney Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Brent Robertson, Director, Management and Budget William Driver, Director, Real Estate Valuation Kevin Hutchins, Treasurer Nancy Horn, Commissioner of Revenue AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD THE ROANOKE COUNTY ADMINISTRATION CENTER ON TL~ESDAY, MARCH 10,2009 ORDER 031009-7 SETTING THE TAX LEVY ON PERSONAL PROPERTY SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 2009 BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the levy for the twelve-month period beginning January 1, 2009, and ending December 31, 2009, be, and hereby is, set for a tax rate of $3.50 per one hundred dollars of assessed valuation on all taxable, tangible personal property, excluding that class of personal property generally designated as machinery and tools as set forth in Section 58.1-3507 of the 1950 Code of Virginia, as amended, and excluding all those classes of household goods and personal effects as are defined in Sections 58.1-3504 and 58.1-3505 of the 1950 Code of Virginia, as amended, but including the property separately classified by Sections 58.1-3500, 58.1-3501, 58.1-3502, 58.1-3506 in the 1950 Code of Virginia, as amended, of public service corporations based upon the assessed value thereof fixed by the State Corporation Commission and duly certified. 2. That there be, and hereby is, established as a separate class of personal property in Roanoke County those items of personal property set forth in Section 58.1- 3506 of the 1950 Code of Virginia, as amended, and adopted by Ordinance No. 121592- 11 , and generally designated as Motor Vehicles for Disabled Veterans. 3. That the levy for the twelve-month period beginning January 1, 2009, and ending December 31 , 2009, be, and hereby is, set at fifty (500/0) percent of the tax rate established in paragraph 1 for the taxable, tangible personal property as herein established 1 as a separate classification for tax purposes and as more fully defined by Section 58.1- 3506 of the 1950 Code of Virginia, as amended, and generally designated as Motor Vehicles for Disabled Veterans. On motion of Supervisor Flora to adopt the order, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None A COpy TESTE: ~~, &~ Brenda J. Ho on, CMC Deputy Clerk to the Board cc: Paul Mahoney, County Attorney Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Brent Robertson, Director, Management and Budget William Driver, Director, Real Estate Valuation Kevin Hutchins, Treasurer Nancy Horn, COrTlrTlissioner of Revenue 2 AT A REGULAR MEE-rING OF -rHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD THE ROANOKE COUNTY ADMINISTRATION CEN-rER ON TUESDAY, MARCH 10, 2009 ORDER 031009-8 SETTING THE TAX LEVY ON A CLASSIFICATION OF PERSONAL PROPERTY · MACHINERY AND TOOLS - SITUATE IN ROANOKE COUNTY FOR THE CALENDAR YEAR 2009 BE IT ORDERED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That there be, and hereby is, established as a separate class of personal property in Roanoke County those items of personal property set forth in Section 58.1- 3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools. 2. That the levy for the twelve-month period beginning January 1, 2009, and ending December 31,2009, be, and hereby is, set for a tax rate of $3.00 per one hundred dollars of assessed valuation on all taxable, tangible personal property as herein established as a separate classification for tax purposes and as more fully defined by Section 58.1-3507 of the 1950 Code of Virginia, as amended, and generally designated as machinery and tools. On motion of Supervisor Altizer to adopt the order, and carried by the following recorded vote: A YES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None A COpy -rESTE: ~~.~ Brenda J. Hol n, CMC Deputy Clerk to the Board 1 cc: Paul Mahoney, County Attorney Diane Hyatt, Chief Financial Officer Rebecca Owens, Director, Finance Brent Robertson, Director, Management and Budget William Driver, Director, Real Estate Valuation Kevin Hutchins, Treasurer Nancy Horn, Commissioner of Revenue 2 AT A REGULAR MEE-rING OF -rHE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINIS-rRA1-ION CENTER ON l-UESDAY, MARCH 10, 2009 ORDINANCE 031009-9 AMENDING AND REENAC'-ING SECTIONS OF ARTICLE II, COUNTY VEHICLE LICENSE, OF CHAPTER 12, MOTOR VEHICLE AND TRAFFIC, OF THE ROANOKE COUNTY CODE TO DELETE PROVISIONS FOR VEHICLE DECALS AND TO ENACT A VEHICLE LICENSE FEE AS PERMITTED BY STATE LAW WHEREAS, Section 46.2-752 authorizes counties, as well as cities and towns, to charge a license fee on motor vehicles, trailers and semi-trailers having a situs within the jurisdiction which is in addition to any personal property tax on such vehicles or trailers; and WHEREAS, this Virginia Code section further authorizes a county to provide by ordinance that it shall be unlawful for any owner or operator of a motor vehicle, trailer or semi-trailer to fail to obtain the license represented by such license fee; and WHEREAS, this Virginia Code section further provides that a county, city or town may dispense with the requirement tllat a decal or other tangible evidence of a local license tax be displayed upon any licensed vehicle; and WHEREAS, the Treasurer of Roanoke County has requested the elimination of the county's vehicle decals to reduce the inconvenience to county citizens, to reduce costs of obtaining and processing decals and without a negative irrlpact upon the collection of such license fees; and WHEREAS, adoption of amendments to the existing Roanoke County Code provisions concerning motor vehicles are necessary at this time to permit effective implementation of this license fee ordinance beginning with the tax year 2009; and WHEREAS, the first reading for this ordinance was held on February 24, 2009; and the second reading and public hearing was held on March 10, 2009. BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That Sec. 12-27. License year.; Sec. 12-28. Levy and amount of fee; special provisions for antique vehicles; exceptions., Sec 12-29. Application for license and payment of tax., Sec. 12-30. Authority of Treasurer and Commissioner of the Revenue, Correction of or relief from License fee, of Article II, COUNTY VEHICLE LICENSE, of Chapter 12, MOTOR VEHICLES AND -rRAFFIC of the Roanoke County Code, be amended and reenacted as follows: Sec. 12-27. License year. The license year under this article shall commence on January JHR.e 1 and expire on December May 31 of each year and each license issued upon the payment of the license fee ~ prescribed by this article shall expire at the end of the license year in which such license is issued. (Code 1971, SS 10-42,10-43; Ord. No. 2735, S 1, 12-9-80) Sec. 12-28. Levy and amount of fee ~; special provisions for antique vetlicles; exceptions. (b) On every motor vehicle, trailer and semitrailer not taxed under other subsections of this section, there shall be a fee ~ of twenty dollars ($20.00) per annum, except that the fee ~ on motorcycles shall be fifteen dollars ($15.00) per annum, the fee on vehicles with a gross weight in pounds of four thousand and one (4,001), or more, shall be twenty-five dollars ($25.00). The annual license fee for a trailer or semi-trailer not designed and used for the transportation of passengers with a gross vehicle weight in pounds of 1,500 or less shall not exceed eight dollars ($8.00); for such trailers or semi-trailers with a gross vehicle weight in pounds of 1,501 to 4,000 pounds shall not exceed eighteen dollars and fifty cents ($18.50) and for such trailers of semi-trailers with a gross vehicle weight in pounds of 4,001 shall not exceed twenty dollars ($20.00). The annual license fee for a motor vehicle which is registered for farm use with the Division of Motor Vehicles pursuant to ~ 46.2-698 of the Code of Virginia shall not exceed fifteen dollars ($ 15.00). 2 (c) On o::lch truck or tr~iler thoro sh~11 be a tax per annum according to the follo\ving schedule: Gross \'ohicle +FHek Trailer \ ^ , . L L 'n Dr'\. nrlC" v v '"':::J '" - '"" I..... ....., 1 ,500 or loce $20.00 $ 6.50 1 ,501 to 1,000 20.00 15.00 1,001 to 6,500 25.00 20.00 6,501 to 10,000 30.00 20.00 10,001 to 20,000 40.00 20.00 20,001 to 30,000 60.00 20.00 30,001 to 40,000 70.00 20.00 40,000 and Q\,'er 80.00 20.00 -rhe fee ~ for a trailer designed exclusively to transport boats shall not exceed six dollars and "fifty cents ($6.50). (c) tG1 The owner of an "antique motor vehicle," as defined and licensed in title 46.2 of the Code of Virginia, may be recognized secure a local license or dec31 at no ch3rgo upon filing an application for same with the Treasurer and payment of a five dollar ($5.00) fee and the payment of the appropriate personal property taxes. This application shall remain valid so long as the vehicle is titled to the applicant. (d) fe1 Any member of the Virginia National Guard shall be entitled to be licensed for any motor vehicle bearing special license plates issued under the provisions of 9 46.2-744 of the Code of Virginia 3 local license or deC31 upon the payment of a an annual license fee in the amount of one-half ( 1/2) of the license fee ~ prescribed in this section. (e) -rhe following owners of nlotor vehicles are hereby exerTlpt from the annual license fee ~: An honorably-discharged prisoner of war, any person awarded the Medal of Honor, and any disabled veteran. These exerTlptions shall be limited to anyone passenger vehicle, pickup or panel truck owned by an eligible person. The COrTlmissioner of the Revenue shall deterrTline eligibility based upon the criteria utilized by the commissioner of the department of motor vehicles of the COrTlmonwealth of Virginia for the issuance of special license plates. -rhe Treasurer is hereby authorized to recognize issue ~ loc:]1 license or dec31 te owners eligible under this subsection. (Code 1971, ~ 10-41; Ord. No. 1929, 12-13-78; Ord. No. 83-99, ~ 1,6-14-83; Ord. No. 84-195, 11-13-84; Ord. No. 6987 -5, ~ 1, 6-9-87) Cross References: Taxation generally, Ch. 21. 3 Sec. 12-29. Application for license and payment of fee~. Application for a license required by this article shall be made at the office of the Commissioner of the Revenue on forms supplied by the Treasurer or Commissioner of the Revenue. At the time of such application, the license fee ~ prescribed by this article shall be paid. A license fee of one dollar ($ 1.00) shall be paid for a license for a vehicle which replaces a vehicle currently licensed in Roanoke County which has been sold or disposed of not more than v'/ithin sixty (60) days prior to the application for such new license upon the presentation of adequate written proof of sale or disposal of the currently licensed vehicle. (Code 1971, S 10-45) Sec. 12-30. Authority of Treasurer and Comrrlissioner of the Revenue; Correction of or relief from license fee. The Treasurer and Commissioner of the Revenue, respectively, shall have the authority to correct erroneous billings or assessments of vehicles for a license fee in any tax year upon submission of proper documentation as to such vehicles use, weight or other appropriate classification. 2. That this ordinance shall be effective on and after January 1, 2009. On motion of Supervisor Altizer to adopt the ordinance, and carried by the following recorded vote: AYES: Supervisors Moore, Church, Flora, McNamara, Altizer NAYS: None A COpy -rESTE: ~~ Brenda J. Holton, CMC Deputy Clerk to tile Board 4 c: Circuit Court Robert P. Doherty, Jr., Judge James R. Swanson, Judge Steven A. McGraw, Clerk Bonnie Hager, Judicial Secretary Norce Lowe, Secretary Juvenile Donlestic Relations District Court Doris J. Johnson, Clerk (for distribution) General District Court Vincent A. Lilley, Judge Theresa A. Childress, Clerk (for distribution) Gerald Holt, Sheriff Kevin Hutchins, Treasurer Nancy Horn, Commissioner of Revenue Paul Mahoney, County Attorney Randy Leach, Corrlmonwealth Attorney Chief Magistrate Raymond Leven Diana Rosapepe, Director, Library Services Ray Lavinder, Police Chief Richard Burch, Chief of Fire & Rescue Roanoke Law Library, 315 Church Avenue, S.W., Rke 24016 Roanoke County Law Library, Singleton Osterhoudt Roanoke County Code Book Jotln M. Cha,n'"lbUss, Jr., County Adrrdnistrator Dan O'Donnell, Assistant County Administrator Diane D. Hyatt, Chief Financial Officer Arnold Covey, Director, Community Development Tarek Moneir, Deputy Director, Development Philip Thorrlpson, Deputy Director, Planning Rebecca Owens, Director, Finance David Davis, Court Services Elaine Carver, Chief Information Officer Bill Greeves, Director, Information Technology Anne Marie Green, Director, General Services Pete Haislip, Director, Parks, Recreation & Tourism William E. Driver Director, Real Estate Valuation Brent Robertson, Director, Managenlent & Budget 5