5/8/2018 - Regular
May 8, 2018
185
Roanoke County Administration Center
5204 Bernard Drive
Roanoke, Virginia 24018
The Board of Supervisors of Roanoke County, Virginia met this day at the
Roanoke County Administration Center, this being the second Tuesday and the first
regularly scheduled meeting of the month of May 2018. Audio and video recordings of
this meeting will be held on file for a minimum of five (5) years in the office of the Clerk
to the Board of Supervisors.
IN RE: OPENING CEREMONIES
Before the meeting was called to order an invocation was given by
Spiritual Growth Pastor Kevin Wilson of Fellowship Community Church. The Pledge of
Allegiance was recited by all present.
IN RE: CALL TO ORDER
Chairman Hooker called the meeting to order at 3:02 p.m. The roll call
was taken.
MEMBERS PRESENT: Chairman Martha B. Hooker, Supervisors George G. Assaid,
Phil C. North and Joseph P. McNamara
MEMBERS ABSENT: Supervisor P. Jason Peters.
STAFF PRESENT: Thomas C. Gates, County Administrator; Daniel R.
O’Donnell, Assistant County Administrator; Richard
Caywood, Assistant County Administrator; Ruth Ellen
Kuhnel, County Attorney; Amy Whittaker, Public Information
Officer and Deborah C. Jacks, Chief Deputy Clerk to the
Board
IN RE: BRIEFINGS
1. Briefing to discuss Roanoke County's Legislative Program and
preparation for the 2019 session of the Virginia General Assembly
(Ruth Ellen Kuhnel; County Attorney; Eldon James, Eldon James
& Associates)
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Briefing was given by Eldon James and Sue Rowland. Supervisor
McNamara asked when can we expect to see a budget with Mr. James responding he
does not know at this point. There was no further discussion
IN RE: NEW BUSINESS
1. Resolution approving the Roanoke County Public Schools
(RCPS) budget for fiscal year 2018-2019 upon certain terms and
conditions (Mr. Jason B. Moretz, School Board Chairman,
Roanoke County Public Schools (RCPS); Dr. Gregory Killough,
Ed. D. Superintendent, RCPS; Mrs. Penny Hodge, CPA, SFO,
Assistant Superintendent of Finance and Operations, RCPS)
Dr. Killough gave brief introduction and overview. Ms. Hodge outlined the
request for resolution. Mr. Moretz followed up with a “thank you for having us,” adding
it is never too early to start talking about 2019/2020.
Supervisor McNamara commented that he wanted them to know that he
agrees one hundred percent (100%.)
Supervisor North thanked the schools for their team efforts with all three
being in attendance. He thanked Roanoke county Schools for all they have done in the
past and in the future. The biggest challenge for us as a County is the education of our
students to keep them here so they will return here and one day seek employment here,
because if they don’t it is going to be a, “bunch of old folks” and that will not be any fun
at all. Let’s work towards that challenge in the future and he appreciates all they do.
Supervisor Hooker read the following statement. “As the citizens know,
she is a teacher at Glenvar High School and a Roanoke County Public School
employee. On today’s agenda are items that involve the school and after consultation
with the County Attorney, she has concluded there is no legal conflict and that she can
vote fairly, objectively and in the public best interest.
There was no further discussion.
RESOLUTION 050818-1 APPROVING THE ROANOKE COUNTY
PUBLIC SCHOOLS BUDGET FOR FISCAL YEAR 2018-2019
UPON CERTAIN TERMS AND CONDITIONS
WHEREAS, State Code 22.1-93 requires the governing body of a County to
prepare and approve an annual budget for education purposes by May 15 or within
thirty (30) days of the receipt by the County of the estimates of state funds, whichever
shall later occur; and
WHEREAS, the Roanoke County School Board approved their fiscal year 2018-
2019 budget on March 22, 2018, and subsequently amended the budget on April 26,
2018.
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THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia that the fiscal year 2018-2019 Roanoke County Public Schools budget
as set forth by the School Board’s adoption on March 22, 2018, and incorporating
approved amendments to that budget on April 26, 2018, a copy of which is incorporated
by reference herein, is hereby APPROVED, and the County Administrator and the Clerk
are authorized to execute and attest, respectively, on behalf of the County, any
documentation, in form approved by the County Attorney, necessary to evidence said
approval.
On motion of Supervisor Hooker to adopt the resolution, seconded by Supervisor
Assaid and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, McNamara
NAYS: None
ABSENT: Supervisor Peters
IN RE: PUBLIC HEARINGS
1. Public hearing for citizen comment on the proposed fiscal year
2018-2019 Operating Budget and the proposed fiscal year 2019-
2028 Capital Improvement Program (Christopher R. Bever,
Director of Management and Budget)
Chairman Hooker opened and closed the public hearing with the following
citizens speaking:
Noah Tickle of the Catawba Magisterial District stated the Pie of this
shows governance runs off of taxes. Going after defenseless individuals is not the
righteous way of our governance. That includes all of us in this room as part of that.
Previously, it was said, "taxes did not go up." Actually they did go up and taxes did also
go up this time. The new real estate assessments at the top says this is not a tax bill.
WOW, an assessment turns to be a tax; a tax turns to be an assessment. Let’s toss that
hot potato to a judge. Maybe a Judge Roberts saying affordable healthcare is a tax and
a tax is affordable healthcare. We are to run off of our commerce is our founding’s. The
industrial complexes with lots of money manage to not do that. What he has read is,
before 1913 there was very good growth in America and no taxes. He was not there,
despite his appearance. Americans will always spend what money they have. Pick that
out of their wallets in the forms of taxes. That goes away resulting in a down for
commerce. Continuously cut the taxes and the economy is stimulated by American
spending, spending, spending. A new report from the Tax Foundation indicates working
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Americans are now working 109 days each year just to pay all their taxes. So just keep
on keeping on with the taxes-tax to death mentality. The voices of governance will yell
even louder at the staffies, "get out there and get em in here." Let’s see how well that
works for governance. Truth is leave the money in American wallets and they will spend
every dime of it. That is good governance for a good economy.
IN RE: PUBLIC HEARING AND FIRST READING OF ORDINANCES
1. Ordinance adopting a Police e-Citation initiative wherein the
County will assess a five dollar fee per convicted offense or pre-
payable offense in each criminal or traffic case in the district or
circuit courts (Howard B. Hall, Chief of Police; Christopher R.
Bever, Director of Management and Budget)
Mr. Bever outlined the request for ordinance.
Chairman Hooker opened and closed the public hearing with no citizens to
speak on this agenda item.
Supervisor Assaid’s motion to approve the first reading and set the second
reading for May 22, 2018, was seconded by Supervisor North and approved by the
following vote:
AYES: Supervisors Assaid, North, McNamara, Hooker
NAYS: None
ABSENT: Supervisor Peters
2. Ordinance amending Section 10-3 (Levying of License Fees and
Taxes) of the Roanoke County Code, raising the threshold of
annual gross receipts for those entities required to pay the
County Business License Tax (from $100,000 or more to $125,000
or more); and requiring entities that are below the threshold to
pay only an annual $50 license fee (Christopher R. Bever, Director
of Management and Budget)
Mr. Bever outlined the request for ordinance.
Chairman Hooker opened and closed the public hearing with no citizens to
speak on this agenda item.
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Supervisor McNamara commented this falls under the category of
lowering taxes; it is to promote businesses, which we have a very strong feeling and
desire that we want to promote. Healthy business promotes healthy communities and
this is a step that helps to do that. Everybody buys from businesses, so if you are not
one of those businesses that falls in the category, everybody benefits; money saved
goes into the economy as Mr. Tickle pointed out. On this action, first, previous article
in the Roanoke Times referred to is as being gross income; it is not gross income, it is
really sales or gross receipts. These are very small businesses and we want them to
become bigger businesses. Second he owns Katie’s Ice Cream with his wife. It is a
small business in Roanoke County and it has been suggested to him by two different
people so there are others thinking it that he is trying to lower his tax bill by this action.
This action refers to businesses with gross receipts less than 125,000; Katie’s Ice
Cream has gross receipts much higher than that. He wants to make it very clear that
this is not going to lower his tax bill personally or through Katie’s Ice Cream in any way
shape or form. There was no further discussion.
Supervisor McNamara’s motion to approve the first reading and set the
second reading for May 22, 2018, was seconded by Supervisor Hooker and approved
by the following vote:
AYES: Supervisors Assaid, North, McNamara, Hooker
NAYS: None
ABSENT: Supervisor Peters
3. Ordinance amending Section 20-25 (Supplemental Collection
Service) of the Roanoke County Code repealing Section 20-25(F),
discontinuing the "Payloader Program" (renting a trailer for
additional trash disposal) (Rob Light, Director of General
Services; Christopher R. Bever, Director of Management and
Budget)
Mr. Bever outlined the ordinance.
Chairman Hooker opened and closed the public hearing with no citizens to
speak on this item. There was no discussion.
Supervisor McNamara’s motion to approve the first reading and set the
second reading for May 22, 2018, was seconded by Supervisor Hooker and approved
by the following vote:
AYES: Supervisors Assaid, North, McNamara, Hooker
NAYS: None
ABSENT: Supervisor Peters
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4. Ordinance imposing or increasing certain fees for services for
development and inspections, planning and zoning, and repealing
prior actions concerning same (Arnold Covey, Director of
Community Development; Christopher R. Bever, Director of
Management and Budget)
Mr. Bever outlined the ordinance.
Chairman Hooker opened and closed the public hearing with no citizens to
speak on this item.
Supervisor McNamara asked Mr. Covey when the last time this was
adjusted with Mr. Covey responding 1990. There was no further discussion.
Supervisor McNamara’s motion to approve the first reading and set the
second reading for May 22, 2018, was seconded by Supervisor Hooker and approved
by the following vote:
AYES: Supervisors North, McNamara, Hooker
NAYS: Supervisor Assaid
ABSENT: Supervisor Peters
IN RE: FIRST READING OF ORDINANCES
1. Ordinances to appropriate funds for:
(a) Fiscal year 2018-2019 operations budget and approval of the
Classification and Pay Plan for fiscal year 2018-2019 for
Roanoke County, Virginia;
There was no discussion.
Supervisor McNamara’s motion to approve the first reading and set the
second reading for May 22, 2018, was seconded by Supervisor Hooker and approved
by the following vote:
AYES: Supervisors Assaid, North, McNamara, Hooker
NAYS: None
ABSENT: Supervisor Peters
(b) Fiscal year 2018-2019 capital budget for Roanoke County,
Virginia;
There was no discussion.
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Supervisor McNamara’s motion to approve the first reading and set the
second reading for May 22, 2018, was seconded by Supervisor Hooker and approved
by the following vote:
AYES: Supervisors Assaid, North, McNamara, Hooker
NAYS: None
ABSENT: Supervisor Peters
(c) Fiscal year 2018-2019 transfers to and on behalf of Roanoke
County Public Schools budget for Roanoke County, Virginia;
There was no discussion.
Supervisor McNamara’s motion to approve the first reading and set the
second reading for May 22, 2018, was seconded by Supervisor Hooker and approved
by the following vote:
AYES: Supervisors Assaid, North, McNamara, Hooker
NAYS: None
ABSENT: Supervisor Peters
(d) Fiscal year 2018-2019 operations budget for Roanoke County
Public Schools; and
There was no discussion.
Supervisor McNamara’s motion to approve the first reading and set the
second reading for May 22, 2018, was seconded by Supervisor North and approved by
the following vote:
AYES: Supervisors Assaid, North, McNamara, Hooker
NAYS: None
ABSENT: Supervisor Peters
(e) Fiscal year 2018-2019 capital budget for Roanoke County Public
Schools (Christopher R. Bever, Director of Management and
Budget)
There was no discussion.
Supervisor Assaid commented that since he is the Director of Facilities for
Roanoke County Schools and capital projects run through the facilities operations
department, he will be abstaining from this vote.
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Supervisor McNamara’s motion to approve the first reading and set the
second reading for May 22, 2018, was seconded by Supervisor North and approved by
the following vote:
AYES: Supervisors North, McNamara, Hooker
NAYS: None
ABSENT: Supervisor Peters
ABSTAIN: Supervisor Assaid
2. Ordinance authorizing the granting of an electric utility easement
to Appalachian Power Company (AEP) on Townsend Road, an
unimproved right of way owned by the Roanoke County Board of
Supervisors for the purpose of supplying electric power to 8447
Townsend Road (Tax Map No. 026.08-03-27.00-0000), Hollins
Magisterial District (Tarek Moneir, Deputy Director of
Development; Peter Lubeck, Senior Assistant County Attorney)
Request for ordinance was outlined by Mr. Moneir. There was no
discussion.
Supervisor North’s motion to approve the first reading and set the second
reading and public hearing for May 22, 2018, was seconded by Supervisor Hooker and
approved by the following vote:
AYES: Supervisors Assaid, North, McNamara, Hooker
NAYS: None
ABSENT: Supervisor Peters
IN RE: PUBLIC HEARING AND SECOND READING OF ORDINANCES
1. Ordinance authorizing the issuance of not to exceed $30,000,000
General Obligation School Bonds of the County of Roanoke,
Virginia, to be sold through the Virginia Public School Authority
(VPSA) (Rebecca Owens, Director of Finance)
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Ms. Owens outlined the request for ordinance and advised there were no
changes from the first reading. Outstanding debt service will be $186,000,000 after this
issuance. Another question is how does the debt relate to other municipalities –
Roanoke County’s ratio of outstanding debt for the schools as a percentage of total
debt, 58% of that will pertain to the Schools and 42% will actually pertain to Roanoke
County. When she looked at the surrounding localities similar in size and service
delivery, the ratio of outstanding debt for schools relative to the County is slightly higher
than other localities, this show the support in the partnership that we have with the
schools and investment in Roanoke County Public Schools.
Supervisor North asked what was the end date on the bidding process,
with Supervisor Assaid responding May 24, 2018.
Chairman Hooker opened and closed the public hearing with no citizens to
speak on this item. There was no further discussion.
ORDINANCE 050818-2 AUTHORIZING THE ISSUANCE OF NOT
TO EXCEED $30,000,000 GENERAL OBLIGATION SCHOOL
BOND 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 $30,000,000 and to issue its general obligation school bond (as
more specifically defined below, the "Local School Bond") for the purpose of financing a
portion of the costs of the renovation of Cave Spring High School (collectively, the
"Project");
WHEREAS, the County held a public hearing, duly noticed, on May 8, 2018, on the
issuance of the Local School Bond in accordance with the requirements of Section
15.2-2606, Code of Virginia 1950, as amended (the "Virginia Code");
WHEREAS, the School Board of the County has, by Ordinance, requested the
Board to authorize the issuance of the Local School Bond and consented to the issuance
of the Local School Bond;
WHEREAS, Virginia Public School Authority ("VPSA") has offered to purchase the
Local School Bond along with the local school bonds of certain other localities with a
portion of the proceeds of certain bonds to be issued by VPSA in the fall of 2018 (the
"VPSA Bonds");
WHEREAS, the Bond Sale Agreement (as defined below) shall indicate that
$30,000,000 is the amount of proceeds requested (the "Proceeds Requested") from VPSA
in connection with the sale of the Local School Bond;
WHEREAS, VPSA's objective is to pay the County a purchase price for the Local
School Bond which, in VPSA's judgment, reflects the Local School Bond's market value
(the "VPSA Purchase Price Objective"), taking into consideration of such factors as the
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amortization schedule the County has requested for the Local School Bond relative to the
amortization schedules requested by other localities, the purchase price to be received by
VPSA from the sale of the VPSA Bonds and other market conditions relating to the sale of
the VPSA Bonds;
WHEREAS, such factors may result in the Local School Bond having a purchase
price other than par and consequently (i) the County may have to issue the Local School
Bond in a principal amount 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 Local School Bond
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;
WHEREAS, the first reading of this ordinance was held on April 24, 2018, and the
second reading and public hearing of this ordinance was held on May 8, 2018.
NOW, THEREFORE, BE IT ENACTED BY THE BOARD OF SUPERVISORS OF
THE COUNTY OF ROANOKE, VIRGINIA:
1. Authorization of Local School Bond and Use of Proceeds. The Board
hereby determines that it is advisable to contract a debt and issue and sell its general
obligation school bond in an aggregate principal amount not to exceed $30,000,000 (the
"Local School Bond") for the purpose of financing the Project. The Board hereby
authorizes the issuance and sale of the Local School Bond in the form and upon the
terms established pursuant to this Ordinance.
2. Sale of the Local School Bond. The sale of the Local School Bond,
within the parameters set forth in paragraph 4 of this Ordinance, to VPSA is authorized.
Given the VPSA Purchase Price Objective and market conditions, the County
acknowledges that the limitation on the maximum principal amount of the Local School
Bond set forth in paragraph 1 of this Ordinance restricts VPSA's ability to generate the
Proceeds Requested, however, the Local School Bond may be sold for a purchase
price not lower than 95% of the Proceeds Requested. The Chairman of the Board, the
County Administrator, or either of them (each a "Delegate") and such other officer or
officers of the County as either may designate are hereby authorized and directed to
enter into an agreement with VPSA providing for the sale of the Local School Bond to
VPSA (the "Bond Sale Agreement"). The Bond Sale Agreement shall be in a form
approved by a Delegate, which approval shall be evidenced by the execution and
delivery of the Bond Sale Agreement by the applicable Delegate.
3. Details of the Local School Bond. The Local School Bond shall be dated
16 days prior to the date of its issuance and delivery or such other date designated by
VPSA; shall be designated "General Obligation School Bond, Series 2018"; shall bear
interest from its dated date payable semi-annually on each January 15 and July 15
beginning no earlier than July 15, 2019 (each an "Interest Payment Date"), at the rates
established in accordance with paragraph 4 of this Ordinance; and shall mature on July 15
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in the years (each a "Principal Payment Date") and in the amounts acceptable to a
Delegate (the "Principal Installments"), subject to the provisions of paragraph 4 of this
Ordinance.
4. Interest Rates and Principal Installments. Each Delegate is hereby
authorized and directed to accept the interest rates on the Local School Bond established
by VPSA, provided that each interest rate shall be five one-hundredths of one percent
(0.05%) over the interest rate to be paid by VPSA for the corresponding principal payment
date of the VPSA Bonds, a portion of the proceeds of which will be used to purchase the
Local School Bond, and provided further that the true interest cost of the Local School
Bond does not exceed five and fifty one-hundredths percent (5.50%) per annum. The
Interest Payment Dates and the Principal Installments are subject to change at the request
of VPSA. Each Delegate is hereby authorized and directed to accept changes in the
Interest Payment Dates and the Principal Installments at the request of VPSA based on
the final term to maturity of the VPSA Bonds, requirements imposed on VPSA by the
nationally-recognized rating agencies and the final principal amount of the Local School
Bond; provided, however, that the principal amount of the Local School Bond shall not
exceed the amount authorized by this Ordinance and the principal components of the
Local School Bond shall amortize over no more than 20 years. The execution and delivery
of the Local School Bond as described in paragraph 8 hereof shall conclusively evidence
the approval and acceptance of all of the details of the Local School Bond by the Delegate
as authorized by this Ordinance.
5. Form of the Local School Bond. The Local School Bond shall be initially
in the form of a single, temporary typewritten bond substantially in the form attached
hereto as Exhibit A.
6. Payment; Paying Agent and Bond Registrar. The following provisions
shall apply to the Local School Bond:
(a) For as long as VPSA is the registered owner of the Local School
Bond, all payments of principal, premium, if any, and interest on the Local School Bond
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 Local School
Bond.
(c) The County Administrator is hereby authorized and directed to
designate a Bond Registrar and Paying Agent for the Local School Bond as required by
VPSA.
7. Prepayment or Redemption. Unless required otherwise by VPSA, the
Principal Installments of the Local School Bond held by VPSA coming due on or before
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July 15, 2028, and the definitive bond for which the Local School Bond held by VPSA may
be exchanged that mature on or before July 15, 2028, are not subject to prepayment or
redemption prior to their stated maturities. The Principal Installments of the Local School
Bond held by VPSA coming due on or after July 15, 2029, and the definitive bond(s) for
which the Local School Bond held by VPSA may be exchanged that mature on or after
July 15, 2029, 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, 2028, upon
payment of the prepayment or redemption prices (expressed as percentages of Principal
Installments to be prepaid or the principal amount of the Local School Bond to be
redeemed) set forth below plus accrued interest to the date set for prepayment or
redemption:
Dates Prices
July 15, 2028 through July 14, 2029 101%
July 15, 2030 through July 14, 2031 100½
July 15, 2032 and thereafter 100
Provided, however, that the Principal Installments of the Local School Bond shall
not be subject to prepayment or redemption prior to their stated maturities as described
above without first obtaining the written consent of VPSA or other registered owner of
the Local School Bond. Notice of any such prepayment or redemption shall be given by
the Bond Registrar to VPSA or other 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.
If VPSA refunds the VPSA Bonds in the future and such refunding causes the
Local School Bond to be deemed refunded, the prepayment or redemption of the Local
School Bond will be subject to VPSA approval and subject to similar prepayment or
redemption provisions as set forth above that correspond to the call period of the VPSA
bonds issued in part to refund the Local School Bond.
8. Execution of the Local School Bond. The Chairman or Vice Chairman
and the Clerk or any Deputy Clerk of the Board are authorized and directed to execute
and deliver the Local School Bond and to affix the seal of the County thereto.
9. Pledge of Full Faith and Credit. For the prompt payment of the principal
of, premium, if any, and the interest on the Local School Bond as the same shall become
due, the full faith and credit of the County are hereby irrevocably pledged, and in each
year while any portion of the Local School Bond shall be outstanding there shall be levied
and collected in accordance with 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 premium, if any, and the interest on the Local School Bond 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.
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10. Use of Proceeds Certificate and Tax Compliance Agreement. The
Chairman of the Board, the County Administrator and such other officer or officers of the
County or the School Board as either may designate are hereby authorized and directed to
execute and deliver on behalf of the County a Use of Proceeds Certificate and Tax
Compliance Agreement (the "Tax Compliance Agreement") setting forth the expected use
and investment of the proceeds of the Local School Bond 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 VPSA Bonds. The Board covenants on
behalf of the County that (i) the proceeds from the issuance and sale of the Local School
Bond will be invested and expended as set forth in such Tax Compliance Agreement and
that the County shall comply with the other covenants and representations contained
therein and (ii) the County shall comply with the provisions of the Code so that interest 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
determines that it is in the best interests of the County to authorize and direct the County
Director of Finance to participate in the State Non-Arbitrage Program in connection with
the Local School Bond. The Chairman of the Board, the County Administrator and such
officer or officers of the County as either 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 Local School Bond 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 submitted to the Board at this meeting, which form is
hereby approved.
12. Continuing Disclosure Agreement. The Chairman of the Board, the
County Administrator and such other officer or officers of the County as either may
designate are hereby authorized and directed to execute a Continuing Disclosure
Agreement, as set forth in Appendix D 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 compliance with the provisions of the Securities and Exchange
Commission Rule 15c2-12, under the Securities Exchange Act of 1934, as amended, and
directed to make all filings required by Section 3 of the Bond Sale Agreement should the
County be determined by VPSA to be a MOP (as defined in the Bond Sale Agreement).
13. Refunding. The Board hereby acknowledges that VPSA may issue
refunding bonds to refund any bonds previously issued by VPSA, including the VPSA
Bonds issued to purchase the Local School Bond, and that the purpose of such refunding
bonds would be to enable VPSA to pass on annual debt service savings to the local
issuers, including the County. Each of the Delegates is authorized to execute and deliver
to VPSA such along to the Local School Bond, revised debt service schedule, IRS Form
8038-G or such other documents reasonably deemed necessary by VPSA and VPSA's
bond counsel to be necessary to reflect and facilitate the refunding of the Local School
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Bond and the allocation of the annual debt service savings to the County by VPSA. The
Clerk to the Board of Supervisors is authorized to affix the County's seal on any such
documents and attest or countersign the same.
14. Filing of Ordinance. The appropriate officers or agents of the County are
hereby authorized and directed to cause a certified copy of this Ordinance to be filed with
the Circuit Court of the County.
15. Election to Proceed under Public Finance Act. In accordance with
Section 15.2-2601 of the Virginia Code, the Board elects to issue the Local School Bond
pursuant to the provisions of the Public Finance Act of 1991, Chapter 26 of Title 15.2 of
the Virginia Code.
16. Further Actions. The members of the Board and all officers, employees
and agents of the County are hereby authorized to take such action as they or any one of
them may consider necessary or desirable in connection with the issuance and sale of the
Local School Bond and otherwise in furtherance of this Ordinance and any such action
previously taken is hereby ratified and confirmed.
17. Effective Date. This Ordinance shall take effect immediately.
On motion of Supervisor McNamara to adopt the ordinance, seconded by
Supervisor Hooker and carried by the following recorded vote:
AYES: Supervisors North, Hooker, McNamara
NAYS: None
ABSTAIN: Supervisor Assaid
ABSENT: Supervisor Peters
IN RE: CONSENT AGENDA
RESOLUTION 050818-3 APPROVING AND CONCURRING IN
CERTAIN ITEMS SET FORTH ON THE BOARD OF
SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS
ITEM K- CONSENT AGENDA
BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as
follows:
That the certain section of the agenda of the Board of Supervisors for May 8,
2018, designated as Item K- Consent Agenda be, and hereby is, approved and
concurred in as to each item separately set forth in said section designated Items 1
through 3 inclusive, as follows:
1. Approval of minutes – March 13, 2018
2. Resolution approving participation in and conditions of the Virginia Juvenile
Community Crime Control Act (VJCCCA) Grant Program of the Department of
Juvenile Justice for the fiscal years 2018-2019 and 2019-2020 and to allow
participation by the City of Salem
May 8, 2018
199
3. Resolution amending the Virginia Department of Transportation (VDOT)
Secondary Six-Year Road Improvement Plan for fiscal years 2018 through
2023 and Estimated Allocations
On motion of Supervisor McNamara to adopt the resolution, seconded by
Supervisor Assaid and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, McNamara
NAYS: None
ABSENT: Supervisor Peters
RESOLUTION 050818-3.a APPROVING PARTICIPATION IN AND
CONDITIONS OF THE VIRGINIA JUVENILE COMMUNITY
CRIME CONTROL ACT (VJCCCA) GRANT PROGRAM OF THE
DEPARTMENT OF JUVENILE JUSTICE FOR FISCAL YEARS
2018-2019 AND 2019-2020 AND TO ALLOW PARTICIPATION
BY THE CITY OF SALEM
WHEREAS, the County of Roanoke has participated in the Virginia Juvenile
Community Crime Control Act (VJCCCA) program in the past allowing the Court Service
Unit to provide direct services, substance abuse services and probation activities
associated with the Juvenile Court; and
WHEREAS, through the Juvenile Intervention Services Program of Roanoke
County’s Court Services Unit, the grant funds have been administered to assist the
court by providing immediate and random urine screens, community service, restitution
and providing intensive supervision such as Home Electronic Monitoring and Outreach
Detention services; and
WHEREAS, the Court Services Unit of the Juvenile Court serves the youth of
both the County of Roanoke and the City of Salem; and
WHEREAS, the Court Services Unit desires to provide services through the
Juvenile Intervention Services Program to serve the youth of both the County of
Roanoke and the City of Salem utilizing the funding from the VJCCCA grant and other
appropriate funds.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of
Roanoke County will participate in the Virginia Juvenile Community Crime Control Act
for fiscal years 2018-2019 and 2019-2020 and will accept said funds, appropriating
them for the purpose set forth in this Act until it notifies the Department of Juvenile
Justice, in writing, that it no longer wishes to participate in the program.
BE IT FURTHER RESOLVED that the County Administrator or the Assistant
County Administrator is hereby authorized to execute a local plan on behalf of the
County of Roanoke and City of Salem; and
May 8, 2018
200
BE IT FURTHER RESOLVED that the County of Roanoke will combine services
and grant resources with the City of Salem, and the County, as operator of the Juvenile
Intervention Services Program, will serve as fiscal agent for these localities.
On motion of Supervisor McNamara to adopt the ordinance, seconded by
Supervisor Assaid and carried by the following recorded vote:
AYES: Supervisors Assaid, Hooker, McNamara
NAYS: None
ABSENT: Supervisor Peters
RESOLUTION 050818-3.b AMENDING THE VIRGINIA
DEPARTMENT OF TRANSPORTATION (VDOT) SECONDARY
SIX-YEAR ROAD IMPROVEMENT PLAN FOR FISCAL YEARS
2018 THROUGH 2023, AND ESTIMATED ALLOCATIONS
WHEREAS, this Board had previously agreed to assist in the preparation of the
Secondary Six-Year Road Improvement Plan, in accordance with Virginia Department
of Transportation policies and procedures; and
WHEREAS, since such time as the Secondary Six-Year Improvement Plan was
approved by this Board, the Virginia Department of Transportation has informed the
Board that Construction Formula funds, in the amount of $1,495,520, allocated to
Secondary System projects in Roanoke County prior to, and through fiscal year 2010
are subject to deallocation unless transferred to an active project; and
WHEREAS, this Board has identified a new project, Fallowater Lane Extension
from Electric Road to Chevy Road, as a recipient of the funds to be transferred.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Board of
Supervisors requests that $1,495,520 in Construction Formula funds be transferred to
the new project; and
BE IT FURTHER RESOLVED, that the Board of Supervisors is responsible for
the project balance of $1,004,480, based upon the project estimate; $2,500,000. This
balance is eligible for Revenue Sharing Funding; and
BE IT FURTHER RESOLVED, that the Board of Supervisors does hereby grant
signatory authority to the County Administrator or his designee to execute an amended
project agreement with VDOT for the Fallowater Lane Extension project, UPC 112304;
and
BE IT FURTHER RESOLVED that a copy of this resolution duly attested to be
forthwith forwarded to the Virginia Department of Transportation Salem Residency
Office along with a duly attested copy of the proposed Roanoke County Secondary Six-
Year Road Improvement Plan for fiscal years 2018-2023 by the Clerk to the Board.
On motion of Supervisor McNamara to adopt the resolution, seconded by
Supervisor Assaid and carried by the following recorded vote:
May 8, 2018
201
AYES: Supervisors Assaid, Hooker, McNamara
NAYS: None
ABSENT: Supervisor Peters
IN RE: REPORTS
Supervisor Hooker moved to receive and file the following reports. The
motion was seconded by Supervisor McNamara and carried by the following recorded
vote:
AYES: Supervisors Assaid, North, McNamara, Hooker
NAYS: None
ABSENT: Supervisor Peters
1. Unappropriated, Board Contingency and Capital Reserves Report
2. Outstanding Debt Report
IN RE: REPORTS AND INQUIRIES OF BOARD MEMBERS
Supervisor North reminded everyone that Roanoke County will hold
Community Meetings for Hollins Center Plan Study this Thursday, from 4 to 7 p.m. at the
Hollins Library. At that time, we will receive feedback from the surveyors and other folks
input. We will also have a meeting on Saturday, May 19, 2018, from 9 to 12 p.m. if you
th
cannot make the May 10 date. There are similar meetings being held at Oak Grove on
different dates.
Supervisor McNamara stated there were a lot of significant things
happening today, without a lot of discussion, but work beforehand, we are halfway to
adopting a budget. He does not think that any one of us up here likes everything, but
we all like enough about it for give and take and adopt a budget. That is a nice rule in
government, it is nice to adopt a budget timely and he is glad we were able to do that,
halfway there, but it certainly appears that way. It looks like the budget we will ultimately
adopt has Mr. Tickle’s tax reduction for which, he believes, four out the last five years,
we have reduced the tax rate. They are all business tax rates, machinery and tools tax
rate for approximately 3 years in a row. We took a year off and we are lowering the tax
rate for business license. Roanoke Times tries to figure out headlines and the headline
and the headline is not, “Business owner lowers business taxes,” because that is not an
accurate headline. It would be, “Roanoke County is open for business;” Roanoke
County is open for business and the businesses are our lifeblood and our schools are a
great supporters of that lifeblood. The third thing that happened today that is pretty
significant, and by the way, he thinks we would be hard pressed to find another
government that has lowered taxes four out of the last five years with, by the way, not
202 May 8, 2018
raising any taxes. The third thing is that we are funding within current confines a pretty
significant capital investment. Again, this is testament to a good relationship to the
schools and good financial planning all going back a number of years ago when we
established the joint School/County Capital Funding program. He thinks there are a lot
of governments that would really like an opportunity to come up with a $30 million bond
issue and have within their operating structure the funding mechanism to pay for that
bond issue. So, it was a fairly quiet meeting, but a lot of pretty good things went on
today. He would like to thank everybody that worked hard on that and asked Mr. North
to provide the Oak Grove dates.
Supervisor North stated the Oak Grove meetings would be held May 9,
2018, from 9:00 to 12:00 noon at the Oak Grove Church of the Brethren and a second
meeting at May 24, 2018, from 4 to 7 p.m.
Supervisor Hooker advised she had a couple of quick items. First, there is
an annual event in the Laurel Wood neighborhood where they undertake a fire/safety
program. The whole community comes together and does some really great things in a
wooded neighborhood to protect and secure their neighborhood against fires and it is a
great, neighborhood community event. Kudos to that neighborhood and organization as
they work together. Their work is to be commended. Secondly, she was handed an
advertisement for a free security workshop sponsored by Roanoke County and the City
of Roanoke. It is scheduled for Tuesday, June 5, 2018, from 8:30 a.m. until 10:30 a.m.
at the South County Library at 6303 Merriman Road in Roanoke County and the topics
to be covered include prevention strategies, types of attacks, cyber security tips, ransom
ware, security solutions, cyber security insurance, breach response and best practices.
Sounds like a great workshop that you could participate in for free and they are asking
for advanced registration at cybersecurityroanoke.eventbrite.com. Thanks to Economic
Development for handing me the flyer.
IN RE: ADJOURNMENT
Chairman Hooker adjourned the meeting at 4:26 p.m.
.mitted by: Approved by:
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Deborah C. a' Martha B. Hooker
Chief Deputy -rk to the Board Chairman