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
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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.
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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.
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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
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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
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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
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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
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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.
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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
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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.
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THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK
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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
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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.)
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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
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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