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028-29 (FiscalYear2024-2025BudgetAmendment(SchoolConstructionRequests)) RESOLUTION FISCAL YEAR 20242025 BUDGET AMENDMENT WHEREAS, Pursuant to Section 15.2-2507 of the Code of Virginia, 1950, as Amended, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on October 23, 2024, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2024-2025 Budget be Amended to Reflect- 1- eflect:1. A Su lemental Appropriation to the School Construction Fund for $151,600,000.00 for a Fourth High School. 2. A Sul2plemental Appropriation to the School Construction Fund for$22,400,000.00 for Middletown Elementary School Expansion. 3. A Supplemental Appropriation to the School Construction Fund for 13 600 000.00 for Jordan Springs Elementary School Expansion, Including a General Fuad Supplemental Appropriation in the Amount of$7,463,418.70 for School Proffers. Upon a motion made by Supervisor Jewell and seconded by Supervisor Wells the above budget amendment and supplemental appropriation was adopted by the following recorded vote: Josh E. Ludwig, Chairman No John F. Jewell Aye Heather H. Lockridge No Robert W. Wells Aye Blaine P. Dunn Aye Judith McCann-Slaughter Aye Robert T. Liero Aye A COPY ATTEST Michael L. Bollvqfar Frederick Cou Administrator BOS Res. No. 028-24 cc: Cheryl B. Shiffler, Finance Director C. William Orndoff, Jr., Treasurer 11 . • Frederick County Public Schools Executive Director of Finance Patty Carvery cameryp@fcpsk12.net DATE: July 29, 2024 TO: Mike Bollhoefer, County Administrator FROM: Patty D. Camery, Executive Director of Finance SUBJECT: 1) Supplemental Appropriation to the School Construction Fund 2) Participation in the 2024 Fall VPSA Bond Sale 3) Request to use School Proffer Funds The Frederick County School Board requests, by way of the attached resolution, action by the Board of Supervisors of the County of Frederick concerning the following school construction projects: 1 . A supplemental appropriation to the school construction fund for $151,600,000.00 for a fourth high school. 2. A supplemental appropriation to the school construction fund for $22,400,000.00 for Middletown Elementary School expansion. 3. A supplemental appropriation to the school construction fund for $13,600,000.00 for Jordan Springs Elementary School expansion. The resolution also serves as a formal request for the Board of Supervisors of the County of Frederick to authorize the debt associated with the construction projects through participation and application beginning with the 2024 Fall Bond Pool through the Virginia Public School Authority (VPSA) along with the use of school proffer funds held in the name of the Division by the County. Participation in future VPSA borrowings will continue until the appropriated amount approved by the Board of Supervisors of the County of Frederick is met. A public hearing is required and requested, after which the resolution can be considered by the Board of Supervisors. Please do not hesitate to contact me should you have any questions. Thank you. Attachment cc: Dr. George Hummer, Superintendent Jay Tibbs, Deputy County Administrator Cheryl Shiffler, Frederick County Finance Director Ann Phillips, Deputy Clerk 1415 Amherst Street www.FrederickCountySchoolsVA.net 540-662-3889,ext.88105 P.O.Box 3508 Winchester,Virginia 22604-2546 RESOLUTION REQUESTING THE BOARD OF SUPERVISORS TO ISSUE GENERAL OBLIGATION SCHOOL BONDS FOR SCHOOL PURPOSES AND CONSENTING TO THE ISSUANCE THEREOF BE IT RESOLVED: 1. The School Board of the County of Frederick (the "School Board") hereby (i) requests, pursuant to Section 15.2-2640 of the Code of Virginia, 1950, as amended (the "Code"), that the Board of Supervisors of the County of Frederick (the "County") cause the County to issue one or more of its general obligation school bonds (the "Bonds") in an aggregate principal amount not in excess of$196,980,000.00, but with the objective of providing up to $187,600,000.00 in net proceeds, to finance the following: 1) The fourth high school at$151,600,000.00. 2) Middletown Elementary School Expansion at $22,400,000.00. 3) Jordan Springs Elementary School Expansion at $13,600,000.00. which constitutes capital projects for public school purposes and (ii) consents, pursuant to Section 15.2-2638.B(iii) of the Code and Article VII, Section 10(b) of the Constitution of Virginia, to the issuance of the Bonds. 2. The School Board requests to utilize proffer dollars held by the county, which are specifically designated for the school division, to offset the amount of funds needed to borrow to fund these projects. 3. Further, the School Board consents to and authorizes an application to the Virginia Public School Authority (the "VPSA")for the purchase of the Bonds by the VPSA as part of its 2024 Fall Pooled Bond Sale and such future borrowings as may be necessary to finance the above-referenced projects. The Chairman of the School Board, the Superintendent of the schools of Frederick County School Division (the "Schools"), and such other officer or officers of the School Board or the Schools as either may designate (the "Authorized Officers") are hereby authorized to decrease the amount of proceeds requested to the extent the County and such Authorized Officers deem it necessary to issue the Bonds in an amount less than provided in paragraph 1 above. 4. The Authorized Officers are hereby authorized and directed to execute and deliver on behalf of the School Board 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 Bonds and containing such covenants as may be necessary for the bonds issued by VPSA in the Fall of 2024 or in the future (the "VPSA Bonds") to show compliance with the provisions of the Internal Revenue Code of 1986, as amended (the "Tax Code"), and the applicable regulations. The School Board covenants on behalf of itself and the Schools under its governance that the School Board and the Schools shall comply with the provisions of the Tax Compliance Agreement and the Tax Code so that the interest on the VPSA Bonds is excludable from gross income under the Tax Code. 5. This resolution shall take effect immediately. ADOPTED BY THE FREDERICK COUNTY SCHOOL BOARD THIS 23rd DAY OF JULY, 2024 Member Vote Member Vote Scott Sturdivant _Y Daryl Bell —y — Miles Adkins Y Dianna Klein Y Brian Erskine Y Linda Martin N Frank Funes Chairman Frederick County School Board r Deputy Clerk Frederick County School Board G C� NOVICE OF PUBLIC HEARING The Frederick_County Board of Supervisors will hold a Public Hearing on Wednesday; October 23, 2024, 7:00 RM.,,in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia, to Consider the Fallowing: Amendment to the 2024-2025 Fiscal Year Budget-Pursuant to Section 15.2-2507 of the Code of Virginia, 1950, as Amended, the Board of Supervisors will Hold a Public Hearing to Amend the Fiscal Year 2G24-2025 Budget to Reflect: 1.A Supplemental Appropriation to the School Construction Fund for $151,600,000.00 for a Fourth High School. 2.A Supplemental Apropriation to the School Construction Fund for;22,400,000.00 for Middletown Elementary School Expansion. 3.A Supplemental Appropriation to the School Construction Fund for $13,600,000.00 for Jordan Springs Elementary School Expansion, Including a General Fund Supplementai Appropriation in the Amount of$7,463,418.70 for School Proffers. ------- The meeting will be broadcast via Cable Channel 16 and will be live streamed on the website at v,rww.fcva-US/BOSMeetings. Proposed School Bond Financings by the Board of Citizens preferring not to attend the mee#ing to speak are Supervisors of the County of Frederick, Virginia. Notice is encouraged to submit comments to the Board via: Hereby Given that the Board of Supervisors (The "Board") of the County of Frederick, Virginia (the "County'? will Hold a Electronic commenting on the county website at Public Hearing in Accordance with Section 15.2-2606 of the wwwrGva,us18OSMeetings(Click on the'eComment to submit Code Of Virginia of 9950, as Amended, on the Issuance of your comments.) General Obfigation School Bonds(the"Bonds")of the County in an Aggregate Principal Amount Not to Exceed Those Listed Email to county staff Karen Vecchio at kvacchio fcva.us or Above Along with the Use of School Proffer Funds Held in the Ann Phillips at ann.philiips@fcva.us by neon on the day of the Name of the School Division by the County to Finance Certain meeting. Capital Projects for Public School Purposes, Consisting Primarily of the Fourth High School, Expansion of Middletown Mail to:October 23 Public Hearing Comments,107 N.Kent St, Elementary School, and Expansion of Jordan Springs Winchester, VA 22601. include your name, address, and Elementary School, Participation in Future VPSA Borrowings magisterial district, Will Continue Until the Appropriated Amount Approved by the Board of Supervisors of the County of Frederick is Met. A In person by calling the Deputy Clerk at 540-722-8273 to Resolution Authorizing the Issuance of the Bonds will be 'arrange to drop off your comments. Considered by the. Board of Supervisors at Its Meeting on Wednesday,October 23,2024.All Interested Parties are Invited �' - to Attend and Present Oral or Written Comments. Interested citizens may appear before the Board to speak on the above item(s). The agenda is available online at www.fova.us1BOSMeetIngs and at the Frederick County Inquiries concerning the above item(s) may beaddressed to Administrative Offices, 107 North !Cent Street,Winchester, the Office of the County Administrator between the hours of Virginia. 8:00 AM. and 5:00 PM, Monday through Friday, 107 North Kent Michael L.Bollhoefer Street,Winchester,Virginia 22601 (540)665-5666.Any subject County Administrator file(s), including the full text of any ordinance or of any other County of Frederick,Virginia item(s)to be adopted are available at the Officeofthe County Administrator. � www.fcva.us The Winchester Ste° Wednesday October 16,2024 NOTCE OF PUBLIC HEAPUNG The Frederick County Board of Supervisors will hold a Public Hearing on Wednesday; October 23,2024, 7:00 P.M., in the. Board of Supervisors' Meeting Room, County Administration Building, 107 !North Kent Street, Winchester, Virginia, to Consider the Following: Amendment to the 2024-2025 Fiscal Year Budget-Pursuant to Section 15.2-2507 of the Code of Virginia, 1950, as Amended,the Board of Supervisors will Hold a Public Hearing to Amend the Fiscal Year 2024-2025 Budget to Reflect: I.A Supplemental Appropriation to the School Construction Fund for $154,600,000.00 for a Fourth High School_ 2.A Supplemental Appropriation to the School'p Construction Fund for $22400,000,00 for Middletown Elementary School Expans6. 3.A Supplemental Appropriation to the School Construction Fund for $13,600,000.00 for Jordan Springs Elementary School Expansion, Including a General Fund 'Supplemental Appropriation in the Amount of$7,463,418.70 for School Proffers. The meeting will be broadcast via Cable Channel 16 and will be Proposed School Bond Financings by the 'Board of live streamed on the website at www.fcva.us/BOSMeetings. Supervisors of the County of Frederick, Virginia. !Notice is Citizens preferring not to attend the meeting to speak are Hereby Given that the Board of Supervisors (The "Board") of' encouraged to submit comments to the Board via: the County of Frederick, Virginia (the "County") will Hold a Public Hearing in Accordance with Section 15.2-2606 of the Electronic commenting r on the county- website at Code Of Virginia of 1950, as Amended, on the Issuance of www.fcva_us1BQSMeetings(Click on the'eComment'to submit General Obligation School Bonds(the"Bonds")of the County in your comments.) an Aggregate Principal Amount Not to Exceed Those Listed Entail to county staff Karen Nacchio of kvacchio� a.us or Above Along with the Use of School Proffer Funds Held in the Ann Phillips at asnn.philhp.s@fgva.us by noon on the day of the Name of the School Division by the County to Finance Certain meeting. Capital Projects for Public School Purposes, Consisting (Primarily of the Fourth High School, Expansion of Middletown Mail to:October 23 Public Hearing Comments,107 N.Kent St,, Elementary School, and Expansion of Jordan Springs Elementary School. Participation In Future VPSA Borrowings Winchester, VA 22601. Include your name, address, arid magisterial district. t Will Continue Until the Appropriated Amount Approved by the Board of Supervisors of the County of Frederick is Met. A In person by calling the Deputy Clerk at 540-722-8273 to Resolution Authorizing the issuance of the Bonds will be arrange to drop off your comments, 1 Considered by the,Board of Supervisors at Its Meeting on I Wednesday,October 23,,2024.All.Interested Parties are Invited .__ to Attend and Preserif Ora]or Written Comments. --------- Interested citizens may appear before the Board to speak on the above item(s). The agenda is available online at i www.fcva.us1ROSMeetin9s and at the Frederick County l Inquiries concerning the above item(-) may be addressed to Administrative Offices, 107 North Kent Street,Winchester, the Office of the County Administrator between the hours of ,Virginia. 8:00 AM.and 5:00 PM,Monday through Friday,107 North Kent Street,Winchester,Virginia 22601 (540)665-5666,Any subject Michael L.Bollhoefer file(-), including the full text of any ordinance or of any other County Administrator i item(s)to be adopted are available at the OfFide of the County` County of Frederick,Virginia Administrator. www.fcva.us The Wmehesteir Star Wednesday (October 9,2024