10-21-2014 BOS PKTma)�& 5 m*
BOARD PACKET
BOARD OF SUPERVISORS
ADJOURNED MEETING
OCTOBER 21, 2014
s
1767
Pi
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
ADJOURNED MEETING
TUESDAY, OCTOBER 21, 2014
GENERAL DISTRICT COURTROOM
EDWIN R. SHIELDS COURTHOUSE ADDITION
AGENDA
1. Call to Order — 7:00 p.m.
2. Roll Call Harville Barber Snead Blackstock Bowman Hagerman Barksdale
3. Pledge of Allegiance
4. Items to be Added to the Agenda
Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
APPROVAL OF AGENDA
Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
HEARING OF CITIZENS
CONSENT AGENDA
Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
5. (a) — Pages
PUBLIC HEARINGS
Rezoning Cases
Case 1: Lizzie M. Doss — Staunton River Election District R -14 -038
R -1, Residential Suburban Subdivision District to A -1, Agricultural District
Open: Close:
Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Roll Call Vote
Y N A
Harville
Barber
Snead
Blackstock
Bowman
Hagerman
Barksdale
(Roll Call Vote Y or N)
Case 2: Scotty D. Bailess & Carolyn C. Badess — Staunton River Election District R -14 -039
R -1, Residential Suburban Subdivision District to A -1, Agricultural District
Open: Close:
Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Roll Call Vote
Y N A
Harville
Barber
Snead
Blackstock
Bowman
Hagerman
Barksdale
(Roll Call Vote Y or N)
PUBLIC HEARING
6. The Board of Supervisors of Pittsylvania County, Virginia, will hold a public hearing on
Tuesday, October 21, 2014, at 7:00 p.m., in the General District Courtroom of the Edwin R.
Shields Courtroom Addition in Chatham, Virginia, to receive citizen input on proposed
amendment to Pittsylvania County Code ( "PCC ") to PCC §2 -22; Running at Large
Restrictions, of the PCC to include Pin Oak Lane, Carter Drive, and Bowe Street in the
Westover Election District. Requires a Motion and a Roll Call Vote — Pages 13 -24
Open: Close.
Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Roll Call Vote
Y N A
Harville
Barber
Snead
Blackstock
Bowman
Hagerman
Barksdale
(Roll Cali Vote Y or N)
7. Expenditure Refunds — At the Board of Supervisors meeting on October 6, 2014, a motion
was made by Mr. Snead, seconded by Mr. Barber, which required a 10 -Day Layover that
has been met. Requires a Roll Call Vote — Pages 26 -29
Roll Call Vote
Y N A
Harville
Barber
Snead
Blackstock
Bowman
Hagerman
Barksdale
(Roll Call Vote YorN)
NEW BUSINESS
8. Recommendations from Solid Waste Committee — The Solid Committee will meet at S:OOpm
on the following items and any recommendations from that Committee will be presented to
the full Board —Pages 31 -33
(a) Callahan Hill Compactor Site
Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
(b) Sandy River Site
Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
(c) 839 Compactor Site
Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
(d) Enforcement
Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
9. Ratification of School Bus Lease — Pages 34 -73
Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
10. Virginia Department of Transportation Revenue Sharing — Town of Chatham — Pages 74 -80
Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale
BOARD ANNOUNCEMENTS
REPORTS FROM LEGAL COUNSEL
REPORTS FROM COUNTY ADMINISTRATOR
(1) Out of State Travel — Director of Agriculture Page - 84
(2) Year 2015 Regional Comprehensive Ecomonic Development Strategy (CEDS) Pages — 85 -90
ADJOURNMENT
Motion by: Harville Barber Snead Blackstock
Seconded by: Harville Barber Snead Blackstock
Time Adjourned:
Bowman Hagerman Barksdale
Bowman Hagerman Barksdale
TO BE ADDED
N9
HEARING OF
CITIZENS
P10
CONSENT
AGENDA
PH
PUBLIC HEARING
P12
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE: AGENDA DATE:
Public Hearing — Amendment to Section 2.22; 10 -21 -2014
Running At Large Restrictions in Designated Areas, of
the Pittsylvania County Code (PCC): Pin Oak Lane, ACTION:
Carter Drive, Bowe Street I Yes
SUBJECT/PROPOSAL/REQUEST:
Public Hearing
STAFF CONTACT(S):
Mr. Monday
CONSENT AGENDA:
ACTION:
ITEM NUMBER:
6
INFORMATION:
INFORMATION:
ATTACHMENTS:
(1) copy of advertisement
(2) copy of Section 2 -22 of the PCC
(3) Submitted Petition
(4) Map of proposed area
(5) Calculation of Property Owners' signatures
REVIEWED BY: N
At their meeting on October 6, 2014, the Board of Supervisors authorized staff to advertise a public hearing for
citizen input concerning a petition submitted to the County Administrator's Office to make an amendment Chapter
2 -22; Running at Large Restrictions in Designated Areas of Pittsylvania County, PCC, to include Pin Oak Lane,
Carter Drive and Bowe Street in the Westover Electoral District.
DISCUSSION:
After reviewing and comparison to the recorded plat, 14 (56% percent) of the landowners of the proposed
controlled area had signed the petition letters in favor of establishing a Running at Large Restriction for Pin Oak
Lane, Carter Drive and Bowe Street, meeting the requirement of Chapter 2 -22(b) of the PCC that a minimum of
51 %required to hold a public hearing. (25 eligible landowners with 14 owners'signatures in favor ofa controlled
area.)
RECOMMENDATION:
Staff submits this to the Board of Supervisors for their review and consideration.
P13
CHATHAM STAR TRIBUNE
OCTOBER 8TH & 15TH, 2014 EDITIONS
PUBLIC HEARING
NOTICE
The Board of Supervisors of Pittsylvania
County will hold a public hearing on Tuesday,
October 21, 2014 at 7:00 p. m. in the General
District Courtroom of the Edwin R. Shields
Courthouse Addition in Chatham, Virginia to
receive citizen input on the proposed amend-
ment and ratification of the following animal
control area to Chapter 2, Section 2 -22; Run-
ning at Large Restrictions; of the Pittsylvania
Code to include Pin Oak Lane, Carter Drive
and Bowe Street in the Westover Election Dis-
trict.
A full text of the proposed changes is avail-
able in the office of the County Administrator,
1 Center Street, Chatham, Virginia Monday
through Friday from 8:00 a. m. to 5:00 p, m.
for public viewing and on the County's website:
www.pittgov.org.
P14
SEC. 2 -21. SEVERABILITY CLAUSE.
It is hereby declared to be the intention of the Board of Supervisors that the sections, paragraphs,
sentences, clauses, and phrases of this Ordinance are severable, and if any phrase, clause, sentence,
paragraph, or section of this Ordinance shall be declared unconstitutional or invalid by the valid
judgment or decree of a Court of competent jurisdiction, such unconstitutionality or invalidity shall
not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this
Ordinance. (Code 1975, Sec.1-3)
SEC. 2 -22. RUNNING AT LARGE RESTRICTIONS IN DESIGNATED AREAS
(a) Notwithstanding the provisions of Section 2 -13, it shall be unlawful for any dogs, licensed or
unlicensed to run at large within certain designated subdivisions, towns, villages, or other defined
areas. (B.S.M.4 /19/05)
(b) A majority of the property owners in any subdivision, town, village, or other defined area within
Pittsylvania County may petition the Board of Supervisors to be included among those areas
within which it is unlawful for dogs to run at large. Upon receipt of such petition, the Board shall
consider (1) whether the petition is signed by a majority of the property owners within the area,
and (2) whether the area is well enough defined to permit adequate enforcement by the Animal
Control Officer. Thereafter, the Board shall vote upon the petition. If a majority of the members
of the Board vote in favor of the petition, the area designated therein shall be added to those on
file in the County Administrator's Office.
(c) The following areas shall be designated areas restricting dogs running at large.
(1) Quailwood Subdivision, off Orphanage Road in the Mt. Hermon area as recorded in Map
Book 43, Page 67 H, Section 2, Lots 1 -26, 28 and 29.
(2) Fairfield Park Subdivision, off Highway 41 in the Mt. Hermon area as shown on maps
recorded in Map Book 14, Pg. 84, Sec. A, B, C, D; Pg. 31, Map Book 20, Pg. 65; Map Book
31, Pg. 98.
(3) Ridgecrest Park Subdivision, off Highway 41 in the Mt. Hermon area as shown on maps
recorded in Map Book 15, Pg. 51, Sec. A, B, C, D, F,; Map Book 22, Pg. 17, Sec. A, B, C;
Map Book 33, Page 41, Sec. B, F; Map Book 33, Pg. 42, Sec. G.
(4) Olde Hunting Hills Subdivision, off Mt. Cross Road, Secondary Highway 750 as shown on
maps recorded in Map Book 23, Pg. 93, Sec. K., Sec. L -Lt. 7A, Sec. B -Lt. 18A; Map Book
13; Pg. 94 Sec's A- IA -3A, B -1 -6, C -1 -3; Map Book 16, Pg. 8, Sec's AA, 5, B- 18 -24, L -1 -7;
Map Book 26, Pg. 25, Sec's A, L, M; Map Book 37, Pg. 49, Sec's L, M, N; Map Book 39, Pg.
12, Sec's A, M, N, P; Map Book 40, Pg. 188, Sec's A, P; Map Book 14, Pg. 65, Sec's D, E.
(5) Laurel Woods Subdivision, off Golf Club Road in the Mt. Hermon area as recorded in Map
Book 21, Page 7, Sections A, B; Map Book 40; Page 17. (B.S.M. 7/19/05 effective 9/1/05)
1`194
P15
(6) Mountain View Place Subdivision, off R & L Smith Drive, State Route 863, as recorded in
Deed Book 848, Page 748, Sections A & B, Plat Book 43, Page 148 -L, Tax I.D. #125 -A -47,
Zoning R -I . (B.S.M. 9/20/05 effective 10/21/05).
(7) Stoneridge Subdivision, off Pinecroft Road, State Road 747, as recorded in Deed Book 1176,
Page 102; DB 1309, Pg 651; DB 1324, Pg 662; DB 1330, Pg 490; DB 1332, Pg 729; DB
1352, Pg 090; DB 1353, Pg 124; DB 1354, Pg 457; DB 1402, Pg 140; DB 1403, Pg 858; DB
1431, Pg 623; DB 1443, Pg 406; DB 1452, Pg 400; DB 1455, Pg 622; DB 1461, Pg 219; DB
1475, Pg 009; DB 1478, Pg 617; DB 1499, Pg 646; DB 1511, Pg 605; DB 1513, Pg 488; DB
1522, Pg 850. (B.S.M. 7/18/06)
(8) A portion ol'Stony Mill Road, beginning at the intersection of SR 869 & SR 844 and ending
at the Stony Mill Bridge at Sandy River. A map is available for viewing in the office of the
County Administrator, 21 North Main Street, Chatham, Virginia.
(9) Mt. Hermon Place Subdivision, from Samuel Road to the end of Pepper Lane, and the cul -de-
sacs of Samuel Road, Samuel Ct., Samuel Bend, and Franklin Place as recorded in MB 39, Pg
199; DB 840, Pg 323; MB 40, Pg 84; MB 43, Pg 139B; MB 43, Pg 26J; MB 39, Pg 55; MB
40, Pg 13; MB 42, Pg 193; MB 43, Pg 21C; MB 43, Pg 306; MB 43, Pg 170B; MB 42, Pg
142. A map is available for viewing in the office of the County Administrator, 21 North Main
Street, Chatham, Virginia. (B.S.M. 10/21/08 effective 11 /03108)
(10) Huckleberry Hills Subdivision, from Blue Ridge Drive /SR 634 to end of Banley Street /SR
980, as recorded in DB 1191, Pg 581, DB 1191, Pg 578; DB 606, Pg 164; DB 587, Pg 113;
DB 1268, Pg 052; DB 1463, Pg 643; DB 1202, Pg 782; DB 586, Pg 46; DB 998, Pg 609; DB
533, Pg 583; DB 557, Pg 487; DB 1025, Pg 004; DB 894, Pg 124; DB 551, Pg 547; WF 09,
Pg 00134; including 250 feet around 125 Banleys Street #2532 -73 -2915 in the Staunton
River District, A map is available for viewing in the office of the County Administrator, 21
North Main Street, Chatham, Virginia. (B.S.M. 5/19/09)
(11) Dogwood Estates Subdivision including the entire subdivision from Ridgecrest Drive (SR
744), along Dogwood Lane (SR 1540), along all of Maple Drive (SR 1541), along all of John
Drive (SR 1558) and to the end of Allen Place (SR 1559) as recorded in MB 43, Pg 63C; MB
29, Pg 53 MB 43, Pg 156K; MB 43, Pg 156J; Plat Cabinet 2, Pg 232C. A map is available for
viewing in the office of the County Administrator, 21 North Main Street, Chatham, Virginia.
(B.S.M. 4/17/12)
(12) Wayside Acres Subdivision, from Hillside Road (Route 1 1 15), to Hogan Street, to Ridgeview
Road (Route 1 114) MB 2, Pg 100, including 011ie S. Short Subdivision, DB 415, Pg 344 and
Pg 345. A Map is available for viewing in the Office of the County Administrator, located at
I Center Street, Chatham, Virginia. (B.S.M. 11/05/12)
(13) Sunset Bay Subdivision, from Rose Street (SR 758) to the Sandy Court cul -de -sac, along
Sunset Bay Road to the Crestview Lane cul -de -sac as recorded in MB 43, Pg. 287E; MB 43,
Pg. 251G and MB 43, Pg. 251H. A Map is available for viewing in the Office of the County
Administrator, located at 1 Center Street, Chatham, Virginia. (B.S.M. 2/19/2013)
P195
P16
(14) Lakeside Drive the entire length Lakeside Drive coming off U.S. 29N thru its entire length of
2051.18 feet upon reaching the deadend, in the Banister Electoral District. A Map is available
for viewing in the Office of the County Administrator, located at 1 Center Street, Chatham,
Virginia. (B.S.M. 1/21/14)
SEC. 2 -23. FEMALES IN SEASON RUNNING AT LARGE.
It shall be unlawful for the owner of any female dog to permit such dog to stray from his premises,
while such dog is known to such owner to be in season. During the entire time such dog is in season
she shall be confined, restricted or penned up in a building or a secure enclosure adequate to prevent
the animal from running at large. Tethering of a female dog in season not under the direct supervision
and control of the owner or custodian shall not be considered adequate confinement.
For authority of this section, refer to Section 3.2 -6538, Code of Virginia, 1950, as amended.
Adopted by the Board of Supervisors, 3/7/05.
SEC. 2 -24. IMPOUNDMENT WHERE RUNNING AT LARGE.
(a) It shall be the duty of the Animal Control Officer or other officer to cause any dog found running
at large in violation of any provisions of this Chapter to be caught and confined in the County
animal shelter. Every effort shall be made on the part of such officer to determine ownership of
the confined dog and to notify the owner of its whereabouts. If the owner is known by the virtue
of a nametag, license or other identification on the dog, such owner shall be notified forthwith by
the person taking the dog into custody.
(b) A dog confined, pursuant to this Chapter may be claimed by the rightful owner, after displaying
proof of ownership, a current dog tag and current rabies inoculation proof. No dog shall be
released to any person claiming ownership, unless such tag and proof are displayed.
Any owner claiming a dog impounded under this Chapter shall pay to the person in charge of the
animal shelter a fee in an amount equal to the actual expenses incurred in keeping the dog
impounded. Such fee shall be in addition to any penalty imposed for the violation of this article
and shall be paid prior to release of the dog from the shelter. The person collecting such fee shall
famish the owner of the dog with a written receipt, in a form and manner approved by the County
Administrator, and shall keep a carbon copy of all such receipts in a bound book, which shall be
turned over to the County Treasurer when the book is filled and shall be subject to audit by
representatives of the Board of Supervisors whenever requested. All such fees shall be disposed
of in the same manner as dog license taxes.
(c) Dogs impounded under this Chapter may be disposed of after a waiting period of seven (7) days
from the time notice was given to the owner or, if the owner cannot be located, seven (7) days
after impoundment. Nothing herein shall be construed to prohibit the destruction of critically ill
or critically injured dogs for humane purposes.
P196
P17
PETITION FOR CONTROLLED // AREA `
We the undersigned residents of / -a &Iuie 611 . n � in
County, Virginia hereby petition the Pitts Ivania County oa d of Supervis
c ntrolled rea roro t r' ! -4 v -tj Q�
e
in accordance with Cha ter 2, Section 2 -22 of the Pittsylvania County Code.
Petitioner ,. 91 Witness
Print Name P t ame
Sign Name Si ame
P k ID
;CI�OM
JUN 2 5 2014
Pittsylvanie
ors for a
k LAA,e _ to
Address & Telephone Number Address
l r 2.
Print Mine Print Name — - -_ -
Sign Name Sign Name
Address & Telephone Number Address
. mss - „1 GS -676 � 3.
Print Name —r— Print Name
Sign Name Sign Name
Address & Telephone� Number Address
/
—..__— --------------- -- - - - - --
Print Name � Print Name
Sign Name Sign Name
M Iclupnone Numaer
P197
P18
e
Petitioner
5. [CD0ea
Print Name
Sign Name
n. J A,
Address & Telephone Number Address
6. Z . rr& 1A)2, L 6.
Print Name Print Name
Sign Name Sign Name
�. Y • 5
Address & Telephone Number Address
7. H
Print Name
Sign Name
Address & Telephone Number
Witness
Sign Name
jw�kit-� s{. ,����,c�;4 •�5�/
7740 -�--/ (" I-
9.
Print Name I Print Name
Sign Name Sign Name
��� 6L.�• (A -s��QC Uq . of
g� 7/
Address & Telephone Number Address
P198
P19
Petitioner Witness
10. ffi"W e 10.
Print Name Print Name
Sign Name Sign Name
Address & Telephone Number Address
PrilliTame U
Print Name
!,Sign Name n
b 4404P IL
Sign Name
Address & Telephone Number Address
12. /`d e�J nv 12.
Print Name
Print Name
Sign Name
Sign Name
Address & Telephone Number Address
Name
Sip Name /� II Sign Name
Number
Address
P199
P20
3.
7
'D.
I &O -k-' I
S
1.1��
MC
sli.
P200
P21
/s
/g
e 4��,
-cd
a-6-A f—a c tio—A
ct°�.S eve .
C
t3
P201
P22
o
PIN OAK LANE, CARTER DRIVE & BOWE STREET
TO BERRY HILL ROAD
CONTROLLED AREA
PETITION
OWNER'S NAME &ADDRESS
PIN NUMBER
PETITION SIGNED
Marc H. & Kathy W. Parrish
1388 -11 -0146*
Yes
200 Pin Oak Lane, Danville, VA 24541
1388 -01 -9147
Yes
120 Pin Oak Lane, Danville, VA 24541
1388 -01 -8197
Clara B. Scearce
1388 -01 -7198*
Yes
180 Pin Oak Lane, Danville, VA 24541
1388 -00 -7972
Mailing Address:
1378 91 -7037*
Yes
1048 Pine Lake Road, Danville, VA 24541
4Owner
Carla Janet Dodd
1388 -01 -6169*
Signed by
160 Pin Oak Lane, Danville, VA 24541
1378 -90 -3956
Not Pro
James H. & Joyce Crews Stephens
1388-01 -5036*
No
140 Pin Oak Lane, Danville, VA 24541
Tony C. & Bethany M. Nolan
1388 00 -3975*
Yes
120 Pin Oak Lane, Danville, VA 24541
1388 -00 -3906
Arnold T. Jr. & Aquilla A. Mangrum
1388-01 -1290*
Yes
100 Pin Oak Lane, Danville, VA 24541
1388 -01 -2214
James D. & Rosa Y. Hylton
1378 91 -7037*
Yes
174 West Carter Drive, Danville, VA 24541
Ben Hairston Smith
1378-91-3006*
Yes
Ben Hairston & Bertha A. Smith
1378 -90 -3956
77 Bowe Street, Danville, VA 24541
James Randall & Kathy Waters Davis
1378 -91 -8204
No
ST RD 1634
Mailing Address:
145 Winston Court, Danville, VA 24540
David W. & Linda C. Oakes
1388 -00 -9435
No
ST RD 1630
Mailing Address:
297 Ripl!y Drive Danville, VA 24540
Tynecastle Holdings, LLC
1388 -00 -1987*
No
180 W. Carter Drive, Danville, VA 24541
Mailing Address:
765 Piney Forest Road, Danville, VA 24541
Glenn A. & Belinda M. Mumpower
1388 -00 -0899*
Yes
200 West Carter Street, Danville, VA 24541
1388 -00 -3543
1388 -00 -0987
Dowin Taz & Meryl W. Dalton I 1 1378 -90 -1784* Yes
88 Bowe Street, Danville, VA 24541 1378 -90 -3610 I
P202
P23
PIN OAK LANE, CARTER DRIVE & BOWE STREET
TO BERRY HILL ROAD
CONTROLLED AREA
PETITION
(Continued)
_ OWNER'S NAME & ADDRESS
PIN NUMBER
PETITION SIGNED
Douglas W. Hankins, Et Als
1378- 904935*
No
Doris H. Janney, Et Als
1378 -90 -5954
101 Bowe Street, Danville, VA 24541
Mailing Address: c/o Shirley Redman
309 Rives Road, Martinsville, VA 24112
- . --
Matthew W. &Hannah Crider Stowe
-
1378 -90 -7903*
- --
Yes
129 Bowe Street, Danville, VA 24541
Dowin Taz &Meryl L. Dalton, Et Als
1378 -90 -5624*
Inherited
136 Bowe Street, Danville, VA 24541
Mailing Address:
88 Bowe Street, Danville, VA 24541
Zefra Turman Webb
1378 -90 -7622*
Yes
172 Bowe Street, Danville,-VA 24541_
Robert Kent Ferrell
1378 -90 -9620*
Yes
224 Bowe Street, Danville, VA 24541
1388 -00 -2545*
Yes
James Roach
264 Bowe Street, Danville, VA 24541
Glenn A. Mumpower
1388 00 -3593*
Inherited
288 Bowe Street, Danville, VA 24541
Mailing Address:
200 West Carter Street, Danville, VA 24541
Charles Leonard Davis
1388 -00 -5920*
Yes
325 Bowe Street, Danville, VA 24541
1388 -00 -6943
Wanda D. Fitzgerald
348 Bowe Street, Danville, VA 24541
1388 -00 -6510*
Signed by
Tyrone Fitzgerald
Leonard T. Johnson, Jr.
1388 -00 -8972*
Yes
385 Bowe Street, Danville, VA 24541
Hughie & Evelyn B. Dix, Life Tenant
1388 -00 -9995
No
ST RD 1630
225 Spring View Court, Danville, VA 24541
Raymond Maurice Mathes
1388 -10 -1598*
Yes
448 Bowe Street, Danville, VA 24541
1388 -10 -2528
25 -m Total Home & Landowners
14 - Home & Landowners Signed Petition
7 - Home & Landowners Did Not Sign Petition
2 - Home & Landowners Signed Petition that Already Had Property but Inherited Other
Property ,
2 - Signed Petition That Was Not a Home or Landowner
56% of Homeowners /Landowners Signed Petition
P203
P24
UNFINISHED
BUSINESS
P25
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA DATE:
AGENDA TITLE: 1 10 -21 -14
Expenditure Refunds- Motion made by Mr. Snead and ACTION:
seconded by Mr. Barber and has now met the 10 -day Yes
layover requirement. Requires a roll call vote.
SUBJECT/PROPOSAL/REQUEST:
Budget Amendment for expenditure refunds
STAFF CONTACT(S):
Monday, VanDerHyde
BACKGROUND:
CONSENT AGENDA:
ITEM NUMBER:
7
INFORMATION:
ACTION:
INFORMATION:
ATTACHMENTS:
Yes
REVIEWED BY:
DISCUSSION:
Attached is a list of expenditure refunds for the month of September 2014 for review. As discussed earlier
with the Board, the simple routine of putting every refund back in the budget is extremely time consuming
and leaves room for errors. To stay in balance with the Treasurer, we need to reappropriate refunds into the
budget so the budget would increase with every expenditure refund.
RECOMMENDATION:
Staff recommends the reappropriation of $10,036.18 as follows: $51.33 to County Attomey- Office Supplies
(100 -4- 012210 - 6001), $16.00 to Finance - Printing (100 -4- 012430 - 3500), $15.00 to Finance - Office Supplies
(100 -4- 012430- 6001), $199.67 to Clerk of Courts - Copier Lease (100 -4- 021600 - 60051), $10.00 to Sheriff -
Subsistence & Lodging (100 -4- 031200 - 5530), $29.01 to Sheriff -Fuel (100 -4- 031200- 6008), $1,011.31 to
Sheriff -Parts (100 -4- 031200 - 6030), $717.20 to Sheriff -Labor (100 -4- 031200 - 6031), $379.50 to Extradition
(100 -4- 033100 - 5550), $20.00 to Animal Control - Donations (100 -4- 035100 - 5883), $20.00 to CPMT- Office
Supplies (100 -4- 053500- 6001), $7,551.85 to WIA -Other Operating (251 -4- 353853- 6014), $15.31 to
Landfill - Telephone (520 -4- 042400 - 5230). MOTION MADE BY MR. SNEAD AND SECONDED BY MR.
BARBER AND HAS NOW MET THE 10 -DAY LAYOVER REQUIREMENT. REQUIRES A ROLL
CALL VOTE
P26
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA DATE:
AGENDA TITLE: 1 10 -06 -14
Expenditure Refunds- Requires a motion crud a 10 -day I ACTION:
layover Yes
S UBJECT/PROPOSAL /REO UEST:
Budget Amendment for expenditure refunds
STAFF CONTACT(S):
BACKGROUND:
CONSENT AGENDA:
ITEM NUMBER:
17
INFORMATION:
ACTION: INFORMATION:
ATTACHMENTS:
Yes
REVIEWED BY: ON\
DISCUSSION:
Attached is a list of expenditure refunds for the month of September 2014 for review. As discussed earlier
with the Board, the simple routine of putting every refund back in the budget is extremely time consuming
and leaves room for errors. To stay in balance with the Treasurer, we need to reappropriate refunds into the
budget so the budget would increase with every expenditure refund.
RECOMMENDATION:
Staff recommends the reappropriation of $10,036.18 as follows: $51.33 to County Attorney - Office Supplies
(100 -4- 012210 - 6001), $16.00 to Finance - Printing (100 -4- 012430- 3500), $15.00 to Finance - Office Supplies
(100 -4- 012430 - 6001), $199.67 to Clerk of Courts - Copier Lease (100 -4- 021600 - 60051), $10.00 to Sheriff -
Subsistence & Lodging (100-4-031200-5530), $29.01 to Sheriff -Fuel (100 -4- 031200- 6008), $1,011.31 to
Sheriff -Parts (100 -4- 031200- 6030), $717.20 to Sheriff -Labor (100 -4- 031200 - 6031), $379.50 to Extradition
(100 -4- 033100 - 5550), $20.00 to Animal Control- Donations (100 -4- 035100 - 5883), $20.00 to CPMT - Office
Supplies (100 -4- 053500- 6001), $7,551.85 to WIA -Other Operating (251 -4- 353853- 6014), $15.31 to
Landfill= felephone (520 -4- 042400 - 5230). THIS ITEM REQUIRES A MOTION AND A 10 -DAY
LAYOVER.
P 113
P27
Finance Department
P. O. Box 426
Chatham, Virginia 24831
PITTSYLVANIA. COUNTY
VIRGINIA
MEMO TO: Clarence C. Monday
County Administrator
FROM: Kim Van Der Hyde
Finance Director
SUBJECT: September Expenditure Refunds
DATE: October 2, 2014
Phone (434) 432 -7740
Fax (434) 432 -7746
Gretna /Hurt (434) 686 -6211
Bachelors Hall/'Whitmell (434) 797 -9550
The list below shows all expenditure refunds that were sent to the Finance Department
during the month of September. I am recommending that all of the following expenditure
refunds be reappropriated by the Board of Supervisors:
1004-012210 -6001 County Attorney - Office Supply 51.33
100-4- 031200 -6031 Sheriff -Labor 717.20
Insurance Claim
100-0- 033100 -5550 Extradition 379.50
P 114
P2S
FOIA payments
100 4412430 -3500
Finance- Printing
16.00
Reimbursement
1004412430 -6001
Finance - Office Supplies
15.00
Reimbursement
100 -4- 021600 -60051
Clerk of Court- Copier Lease
199.67
Reimbursement
100 -4- 031200 -5530
Sheriff-Subsistence & Lodging
10.00
Reimbursement
100 -4 -031200-6008
Sheriff -Fuel
29.01
Reimbursement
100 -4 -031200 -6030
Sheriff -Parts
1,011.31
Insurance Claim/Restitution
100-4- 031200 -6031 Sheriff -Labor 717.20
Insurance Claim
100-0- 033100 -5550 Extradition 379.50
P 114
P2S
1004- 035100 -5883 Animal Control- Donations 20.00
Donation
100 -4- 053500 -6001 CPMT - Office Supplies 20.00
Rebate
251 -4- 353853 -6014 WIA -Rent 7,551.85
Rent Payments (251 -3- 000000- 150201)
5204- 042400 -5230 Landfill- Telephone
Reimbursement
TOTAL SEPTEMBER EXPENDITURE REFUNDS
P115
P29
15.31
510,036.18
NEW BUSINESS
P30
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
AGENDA DATE: ITEM NUMBER:
Recommendations from Solid Waste Committee
10 -21 -2014 8
SUBJECT/PROPOSAL/REOUEST:
ACTION: INFORMATION:
Committee Recommendations
Yes
STAFF CONTACT(S):
CONSENT AGENDA:
ACTION: INFORMATION:
Mr. Monday
ATTACHMENTS:
(1) Solid Waste Committee Agenda
(2) Memo from Otis Hawker
n
REVIEWED BY:
BACKGROUND:
The Solid Waste Committee will meet at 5:00pm on Tuesday, October 21, 2014. Any recommendations that come
from that meeting will be presented to the full Board of Supervisors.
Solid Waste Committee Agenda:
(a) Callahan Hill Compactor Site
(b) Sandy River Site
(c) 839 Compactor Site
(d) Enforcement
RECOMMENDATION:
Any recommendations that come from that meeting will be presented to the full Board of Supervisors.
P31
SOLID WASTE COMMITTEE
Pittsylvania County Board of Supervisors
Tuesday, October 21, 2014
5:00 pm
Conference Room
Captain Martin Building
1 Center Street
Chatham, Virginia
AGENDA
1. Call to Order 5:00 pm
2. Roll Call
3. Approval of Agenda
4. New Business:
(a) Callahan Hill Compactor Site
(b) Sandy River Site
(c) 839 Compactor Site
(d) Enforcement
5. Adjournment
P32
PITTSYLVANIA COUNTY
VIRGINIA
a1 =�
Otis S. Hawker 9
Assistant County Administrator ° as ° 1 Center Street, Chatham, Virginia
Operations & Facilities �✓ a
P.O. Box 426 w o yr z Phone (434) 432 -7712
IT Fax (434) 432-7714
Chatham, Virginia 24531 767
www.pittgov.org
otis.hawker @pittgov.org ME
To: Clarence C. Monday, County Administrator
From: Otis S. Hawker, Assistant County Administrator X�21
Date: Thursday, October 16, 2014
Subject: Solid Waste Committee Meeting
I have reviewed the Solid Waste Agenda for the meeting scheduled for Tuesday, October 21, 2014. 1
submit the following for your review:
Item (a) Callahan Hill Compactor Site
The Callahan Hill Compactor Site is located just off of 58 West and was installed in 1989 just after
the annexation by the City of Danville. At that time, this property was owned by the Virginia
Department of Transportation (VDOT) and was later deeded to the County. This site is one of 19
compactor sites in the County's collection system. Due to population growth, the present design at
this site is not sufficient to handle the incoming flow of solid waste. In order to correct this, staff has
completed a new design that should serve this area for the next 8 to 10 years. I have developed and
will discuss costs associated with the above - mentioned improvements.
Item (b) Sandy River Site
The County purchased land at the Sandy River Medical Center several years back anticipating
improving and securing a collection site for that community. We have purchased a compactor and
associated equipment out of a previous budget. Working with engineers, I have preliminary cost
estimates sufficient to set a budget number to make improvements to this site. We will answer any
questions that the committee will have.
Item (c) 839 Compactor Site
The 839 Compactor Site was installed several years back and due to budget constraints, several
improvements need to be considered in order to complete this site. The site needs to be paved in the
service area where the citizens use. Chain link fencing with privacy slats need to be installed in
order to secure the site. Staff has preliminary estimates in order to make the necessary
improvements and will discuss these costs with the committee.
If you should have any questions regarding this matter, please do not hesitate to contact me.
OSH/kp
Attachment
P33
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
School Bus Leases
SUBJECT/PROPOSAL/REQUEST:
Appropriation of School Bus Leases
STAFF CONTACT(S):
Monday, VanDerHvde
AGENDA DATE:
10 -21 -14
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
Yes
ITEM NUMBER:
9
INFORMATION:
INFORMATION:
BACKGROUND:
The Pittsylvania County School Board recently entered a lease with SunTrust Bank to purchase 8 school
buses. The Auditor of Public Accounts requires that local governing bodies approve such financings. The
Code of Virginia, 1950 as amended does not allow for School Boards to establish and maintain such accounts
outside of the County Treasurer's custody. As such, this lease will need to be maintained on the County's
books and an appropriation will need to be made for the purchase of these school buses.
DISCUSSION:
The School Board received sealed bids to ensure receiving the best interest rate for purchasing 8 school
buses. SunTrust was the bank providing the lowest rate of 1.19 %. The total amount financed was
$672,610.00 and will be financed for 3 years. The 2015 lease payment has already been appropriated to the
School Board's 2015 budget. Please see the attached lease documents for further information.
RECOMMENDATION:
For auditing purposes, staff recommends that the Board of Supervisors ratify the attached lease and
appropriate 672,610.00 to Fund 210 for the purpose of purchasing 8 school buses and have these funds
maintained by the Treasurer's Office.
P34
1]m '.0Q-ESC STO M8 07 1-' "1
"rIIE SCHOOL BOARD OF THE COUNTY OF PITTSYLVANIA, VA
INDEX TO LEGAL DOCUMENTS
DANK- QUALIFIED ESCROW
Master Lease Agreement. Lease Number 03370. Dated as of May 25.2005:
Exhibit A - Equipment Schedule No. 04:
Acceptance Certificate:
Payment Schedule:
Exhibit B - Tax Agreement and Arbitrage Certificate:
Exhibit C - Resolution of Governing Body:
Exhibit D - Incumbency Certificate:
Exhibit E - Opinion of Counsel:
Exhibit F - Escrow Agreement, with its Schedule I and Exhibit A:
Exhibit G -I Confirmation of Outside Insurance;
Exhibit G -2 Questionnaire for Self- Insurance to Lease and Addendum:
UCC Financing Statements with attached Schedule A:
Form 8038 -G. Form 8038 -G COPY AND PASTE THE LINK BELOW TO DOWNLOAD THE
FORM, COMPLETE, EXECUTE AND RETURN A COPY WITH ALL DOCUMENTS
'pup // tnoti its tov/ too /uicklict /list /fnnnsPublieatiuns html• isesxionid =Delis lSxh2W.1 LCum-
!�. \K000 '.+nluc= 8038 -l; &criteria= furmYennber
P35
EXHIBIT A
EQUIPMENT SCHEDULE NO. 04
TO LEASE NO. 03370
The following Equipment comprises an Equipment Group which is the subject of the Master Lease Agreement dated as May 25.
2005 (the "Agreement') between the undersiened Lessor and Lessee. The Aereement is incorporated herein in its entirety. and Lessee
hereby reaffirms as of the Lease Date (as defined below) each of its representations, warranties and covenants contained in the Agreement.
The Lease Date for this Equipment Schedule is July 15. 2014(the "Lease Date "). Lessee warrants that no Non- Appropriation and no
Event of Default. or event which, with the passage of time or the giving of notice or both, would constitute an Event of Default. has
occurred under the Agreement as of the Lease Date. An Acceptance Certificate and Payment Schedule are attached to this Equipment
Schedule and by reference are made a part hereof. The terms capitalized in this Equipment Schedule but not defined herein shall have the
meanings assigned to them in the Agreement.
EQUIPMENT CROUP
The cost of the Equipment Group to be funded by Lessee under this Lease is $672,610.00 (the "Acquisition Cost'). The
Equipment Group consists of the following Equipment which has been or shall be purchased from the Vendor(s) named below for the
prices set forth below:
18) New 2015 Thomas Built Buses, Vin's TBD
The Equipment Group is essential to the governmental functions of Lessee. The Equipment Group is or will be located at the
following address(es). Prior to relocation of the Equipment Group or any portion thereof during the Lease Term. Lessee will provide
written notice to Lessor:
PCS Transportation Department, 1001 Tightsqueeze Rd, Chatham, VA
[Signatures appear on the following page.]
P36
IN WITNESS WHEREOF. Lessor has caused this Equipment Schedule No. 04 to Lease No. 03370 to be executed in its
corporate name by its duly authorized officer. and Lessee has caused this Equipment Schedule to be executed in its name by its duly
authorized officer.
THE SCHOOL BOARD OF THE COUNTY
OF PITTSYLVANIA, VA..
Lessee
v
By:
Name: James E. Mc el
Tide: Superintendent
.address: 39 Bank Street SE
Chatham. VA 24531
Telephone: 434/432 -2761
Facsimile: 434/432 -9560
3 ]OIJ'.NO.I SC.OfK w:U' 12.111
P37
SUNTRUST EQUIPMENT FINANCE
& LEASING CORP..
Lessor
Name:
Title:
.address: 300 East Joppa Road. 7th Floor
Towson. MD 21286
Telephone:
Facsimile:
Lease No.: 03370
Equipment Schedule: 04
ACCEPTANCE CERTIFICATE
I. the undersigned. hereby certify that I am the duly qualified and acting officer of Lessee identified below and, with respect to the
above referenced Equipment Schedule and Lease, that:
L The Equipment described below has been delivered and installed in accordance with Lessee's specifications. is in good
working order and is fully operational and has/ been fully accepted by Lessee on or before the date indicated below:
.jee- (04eAc1)rrt
'_. Attached are (a) evidence of insurance with respect to the Equipment in compliance with Article VII of the Agreement: (b)
Vendor invoice(s) and/or bill(s) of sale relating to the Equipment, and if such invoices have been paid by Lessee, evidence of payment
thereof (evidence of official intent to reimburse such payment as required by the Code having been delivered separately by Lessee); and (c)
financing statements executed by Lessee as debtor and/or the original certificate of title or manufacturer's certificate of origin and title
application, if any, for any Equipment which is subject to certificate of title laws.
?. Rental Payments shall be due and payable by Lessee on the dates and in the amounts indicated on the Payment Schedule
attached to the Equipment Schedule. Lessee has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to
pay all Rental Payments required to be paid under the Lease during the current Fiscal Year of Lessee. Such moneys will be applied in
payment of all such Rental Payments due and payable during such current Fiscal Year. Lessee anticipates that sufficient funds shall be
available to make all Rental Payments due in subsequent Fiscal Years.
a. Lessee hereby authorizes and directs Lessor to fund the Acquisition Cast of the Equipment by paying, or directing the payment
by Escrow Agent (if applicable) of. the invoice prices to the Vendor(s). in each case as set forth above, or by reimbursing Lessee in the
event such invoice prices have been previously paid by Lessee.
?. No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of Default (as
defined in the Lease) exists at the date hereof.
i� 6. Final Acceptance Certificate. This Acceptance Certificate constitutes final acceptance of all of the Equipment identified in
the Equipment Schedule described above. Lessee certifies that upon payment in accordance with paragraph 4 above, or direction to
Escrow Agent (if applicable) to make payment, Lessor shall have fully and satisfactorily performed all of its covenants and obligations
under the Lease. (CHECK BOX IF APPLICABLE.]
5111 U.yESC ST9. DOC ro 171'A
P38
THE SCHOOL BOARD OF THE COUNTY
OF PITTSYLVANIA, VA.,
Lessee
By:
Name: James E. Mc
Title: Superinte dent
Date:_ " F %
1b ye At<r!
I i G I N I A 9 d U 9 C O :.1 P A n Y
;uses • trailers • containers
INVOICE DATE: 07/07/2014
INVOICE NO: 16566
CUSTOMER NO: 262931
SOLD TO PITTSYLVANIA CO SCHOOL BD SHIP TO TRANSPORTATION DEPT
39 BANK ST SF.
CHATHAM VA 24531
-------- ---------- - -- - -'
CUSTOMER PO D01693897
2015
THOMAS
C2
4UZABRDT9FCGH9128
65 PASS
83198.00
2015
THOMAS
C2
4UZABRDTOFC6H9129
65 PASS
83198.00
2015
THOMAS
C2
4UZABRDT7FCGH9130
65 PASS
83198.00
2015
THOMAS
C2
4UZABROT9FCGH9131
65 PASS
83198.00
2015
IIIOMAS
C2
4UZABRDTOFCGH9132
65 PASS
03198.00
2015
THOMAS
C2
4UZABP000FCGH5790
SPECIAL NEEDS
85540.00
2015
THOMAS
C2
4UZABPDU2FCGH5791
SPECIAL NEEDS
85540.00
2015
THOMAS
C2
4UZABPOU4FCGH5792
SPECIAL NEEDS
BSS40.00
SCHOOL
BUSES
SALES
TAX
F.E.T
TAX
DEPOSIT
DMV FEES
TRADE
ALLOWANCE
BALANCE DUE 672610.00
------------------------------------------------------------------------------------------
TRADE INFORMATION:
------------------------------------------------------------------- ------ ----------- - - - - --
REMIT TO:SONNY MERRYMAN INC.
P.O. BOX 495
RUSTBURG, VA 24588
7.3. IZOUD9 /9'ioUVl :T L. lr mi rl. A
7iailinq, @ddtes5: _o% ;'ri ;r,smurq, - n,_.;9,ib
'hiop0q,ittdrnss
P39
n:v.sonnvi nerrnnan.ron,
Lease Number: 03370
Equipment Schedule: 04
PAYMENT SCHEDULE
The Funding Date with respect to the above referenced Equipment Group shall be July 15. 2014. The annual Interest rate
applicable to the Equipment Group shall be 1.19 %. The amounts of the interest component of Rental Payments payable under this
Equipment Schedule have been calculated based on the assumption that the proceeds of this Equipment Schedule were disbursed on
the Funding Date and such payments of interest component will be payable as set forth in this Payment Schedule regardless of when
the proceeds of this Equipment Schedule were actually disbursed. The first Rental Payment is due on July 15. 2014 and subsequent
payments are due annually as set forth below.
Payment
Payment
Total
Principal
Interest
Prepayment
Number
Date
Payment
Component
Component
Priee*
0
07/15/2014
686.06220
1
07/15/2014
226.860.77
226.860.77
0.00
454.664.21
2
07/15/2015
226.860.77
221,556.35
5.304.42
228.676.73
3
07/15i2016
226.860.77
224.192.87
2,667.90
0.00
Totals
680,582.31
672,610.00
7,972.31
. Afier payment of Rental Payment due on such date.
�:su ap- Efi'Sra Dnr a, u, ihtl
P40
THE SCHOOL BOARD OF THE COUNTY
OF PITTSYLVANIA, VA.,
Lessee
By: i
Name: James E. ;IcDamel
Title: Superintendent
Date:_ 11,711 4
[Escrow)
TAX AGREEMENT AND ARBITRAGE CERTIFICATE
EXHIBIT B
Lease Number: 03370
Equipment Schedule: 04
This TAX AGREEM ENT AND ARBITRAGE CERTIFICATE (this "Certificate ") is executed and delivered as of the Lease Date (the
Lease Date') .specified in the Equipment Schedule referenced above f the "Equipment Schedule ") by THE SCHOOL BOARD OF THE
COUNTY OF PITTSYLVANIA, VA ( "Lessee') in favor of SUNTRUST EQUIPMENT FINANCE & LEASING CORP. and its
successors and assigns ( "Lessor ") in connection with that certain Master Lease Agreement dated as of May 25, 2005 (the "Agreement)
and the Equipment Schedule. each by and between Lessor and Lessee. The terms capitalized herein but not defined herein shall have the
meanings assigned to them in the Agreement.
Section 1. In General
L1. This Certificate is executed for the purpose of establishing the reasonable expectations of Lessee as to future events regarding the
financing of certain equipment (the -Equipment) to be acquired by Lessor and leased to Lessee pursuant to and in accordance with the
Agreement and the Equipment Schedule (together with all related douments executed pursuant thereto and contemporaneously herewith.
the "Financing Documents "). As described in the Financing Documents, Lessor shall apply 5672,610.00 (the "Principal Amount) toward
the acquisition of the Equipment and Lessee shall make Rental Payments under the terms and conditions as set forth in the Financing
Documents.
1.2. The individual executing this Certificate on behalf of Lessee is an officer of Lessee delegated with the responsibility of reviewing and
executing the Financing Documents, pursuant to the resolution or other official action of Lessee adopted with respect to the Financing
Documents. a copy of which has been delivered to Lessor.
1.3. The Financing Documents are being entered into for the purpose of providing funds for financing the cost of acquiring, equipping and
installing the Equipment which is essential to the governmental functions of Lessee. which Equipment is described in the Equipment
Schedule. The Principal Amount will he deposited in escrow by Lessor on the Lease Date and held by SUNTRUST BANK. as escrow
agent ( "Escrow Agent") pending acquisition of the Equipment under the terms of that certain Escrow Agreement dated as of the Lease Date
(the "Escrow Agreement). by and between Lessor. Lessee and Escrow Agent.
1.4. Less" will complete and timely file for each payment schedule issued under the Lease a Form 803" (or, if the invoice price of the
Equipment under such schedule is less than $100.000, a Form 8038 -GC) relating to such Lease with the Internal Revenue Service in
accordance with Section 149(e) ofthe Internal Revenue Code of 1986. as amended (the -Code ").
1.5. Lessee has not issued. and reasonably anticipates that it and its subordinate entities, if any. will not issue, tax-exempt obligations
(including the Lease) in the amount of more than $10.000,000 during the current calendar year. Lessee hereby designates the Lease as a
-,qualified tax -exempt obligation' within the meaning of Section 265(6)13) of the Code and agrees that it and its subordinate entities, if any.
will not designate more than 310.000.000 of their obligations as "qualified tax - exempt obligations" during the current calendar year.
Section 2. NowArbitrRee Certification
s.
2.1. The Rental Payments due under the Financing Documents will be made with monies retained in Lessees general operating fund (or an
account or subaccount therein). No sinking, debt service, reserve or similar fund or account will be created or maintained for the payment
of the Rental Payments due under the Financing Documents or pledged as security therefor.
2.2. There have been and will he issued no obligations by or on behalf of Lessee that would be deemed to he (i) issued or sold within
fifteen (15) days before or after the Lease Date. (ii) issued or sold pursuant to a common plan of financing with the Financing Documents
and ( iii) paid out of substantially the same source of funds as, or deemed to have substantially the same claim to be paid out of substantially
the same source of funds as, the Financing Documents.
2.3. Other than the Principal Amount held under the Escrow Agreement. Lessee does not and will not have on hand any funds that are or
will be restricted, segregated, legally required or otherwise intended to be used, directly or indirectly, as a substitute. replacement or
separate source of financing for the Equipment.
2.4. No portion of the Principal Amount is being used by Lessee to acquire investments which produce a yield materially higher than the
yield realized by Lessor from Rental Payments received under the Financing Documents. As used in this certificate. the term ')icld"
means yield computed by the actuarial method using a 360 -day year and semi- annual compounding, resulting in a discount rate which,
when used in computing the present worth of all payments of principal and interest to be paid on an obligation. produces an amount
equal to the issue price. fair market value. present value or purchase price thereof. as applicable, and is determined in all respects in
accordance with Section 148 of the Code.
2.5. The Principal Amount does not exceed the amount necessary for the governmental purpose for which the Financing Documents were
entered into. Such funds are expected to be needed and fully expended for payment of the costs of acquiring, equipping and installing the
Equipment.
2.6. Lessee does not expect to convey. sublease or otherwise dispose of the Equipment, in whole or in part. at a date which is earlier than
SCW. &pbtif STa.M recnt 1_M
P41
the final Payment Date under the Financing Documents.
Section 3 Disbursement of Funds: Reimbursement to Leuee,
3.1. It is contemplated that the entire Principal Amount deposited in escrow will be used to pay the acquisition cost of Equipment to the
vendors or manufacturers thereof. provided that, if applicable, a portion of the principal amount may be paid to Lessee as reimbursement
for acquisition cost payments already made by it so long as the conditions set forth in Section 3.2 below are satisfied.
3.2. Lessee shall not request that it be reimbursed for Equipment acquisition Must payments already made by it unless each of the following
conditions have been satisfied:
(a) Lessee adopted a resolution or otherwise declared its official intent in accordance with Treasury Regulation § 1.150 -2 (the
"Declaration of Official Intent"). wherein Lessee expressed its intent to be reimbursed from the proceeds of a borrowing for all or a portion
of the cost of the Equipment, which expenditure was paid to the Vendor not earlier than sixty (60) days before Lessee adopted the
Declaration of Official Intent:
(b) The reimbursement being requested will be made by a written allocation before the later of eighteen (18) months after the
expenditure was paid or eighteen (18) months after the items of Equipment to which such payment relates were placed in service;
(c) The entire payment with respect to which reimbursement is being sought is a capital expenditure, being a cost of a type properly
chargeable to a capital account under general federal income tax principles; and
(d) Lessee will use any reimbursement payment for general operating expenses and not in a manner which could be construed as an
artifice or device under Treasury Regulation § 1.148 -10 to avoid, in whole or in part, arbitrage yield restrictions or arbitrage rebate
requirements.
Section 4 Use and Investment of Funds• Temoorarr Period,
4.1. Lessee has incurred or will incur, within six (6) months from the Lease Date. binding obligations to pay an amount equal to at least
five percent (5 %) of the Principal Amount toward the costs of the Equipment. An obligation is not binding if it is subject to contingencies
within Lessce's control. The ordering and acceptance of the items of Equipment will proceed with due diligence to the date of final
acceptance of the Equipment.
4.2. An amount equal to at least eighty-five percent (85 %) of the Principal Amount will he expended to pay the cost of the Equipment by
the end of the three -year period commencing on the Lease Date. No portion of the Principal Amount will be used to acquire investments
that do not tarty out the governmental purpose of the Financing Documents and that have a substantially guaranteed yield in excess of the
vield on the Lease.
4.3. (a) Lessee covenants and agrees that it will rebate an amount equal to excess earnings on the Principal Amount deposited under the
Escrow Agreement to the Internal Revenue Service if required by, and in accordance with, Section 148(f) of the Code, and make the
annual determinations and maintain the records required by and otherwise comply with the regulations applicable thereto. Lessee
reasonably expects to cause the Equipment to be acquired by no later than 18 months from the actual Lease Date.
(b) Lessee will provide evidence to Lessor that the rebate amount has been calculated and paid to the Internal Revenue Service in
accordance with Section 148(D of the Code unless: (i) the entire Principal Amount is expended on the Equipment by the date that is the
six -month anniversary of the Lease Date or (ii) the Principal Amount is expended on the Equipment in accordance with the following
schedule: At least fifteen percent (15 %) of the Principal Amount and interest earnings thereon will be applied to the cost of the Equipment
within six months from the Lease Date: at least sixty percent (609/6) of the Principal Amount and interest earnings thereon will be applied to
the cost of the Equipment within 12 months from the Lease Dare: and one hundred percent (100° /a) of the Principal Amount and interest
earnings thereon will be applied to the cost of the Equipment prior to eighteen (18) months from the Lease Date.
f(c) Lessee hereby covenants that (i) Lessee is a governmental unit with general tar powers; (ii) the Lease is not a 'private activity bond"
under Section 141 of the Code; (iii) at least ninety -five percent (95 %) of the Principal Amount is used for the governmental activities of
Lessee: and (iv) the aggregate principal amount of all tax - exempt obligations (including the Lease) issued by Lessee and its subordinate
entities, if any. during the current calendar year is not reasonably expected to exceed $5.000.000. Accordingly, the rebate requirements of
Section 148(1) of the Code are treated as being met, in lieu of the spending exceptions set forth in paragraph (b) above.]'
Section S. Escrow Account.
The Financing Documents provide that the monies deposited in escrow shall be invested until payments to the vendor(s) or manufacturer(s)
of the Equipment are due. Lessee will ensure that such investment will not result in Lessee's obligations under the Financing Documents
being treated as an "arbitrage bond" within the meaning of Section 148(a) of the Internal Revenue Code of 1986. as amended (the "Code ").
respectively. Any monies which are earned from the investment of these funds shall be labeled as interest earned. All such monies will be
disbursed on or promptly after the date that Lessee accepts the Equipment.
Section 6. No Private Use: No Consumer Loan.
6.1. Lessee will riot exceed the private use restrictions set forth in Section 141 of the Code. Specifically. Lessee will not permit more than
' Not applicable to all transactions: see amount limitation.
24,14 HQ-E.W.I ra:"l 12..1
P42
100/a of the Principal Amount to be used for a Private Business Use (as defined herein) if. in addition, the payment of more than ten percent
(10%) of the Principal Amount plus interest earned thereon is, directly or indirectly, secured by M any interest in property used or to he
used for a Private Business Use or (ii) any interest in payments in respect of such property or derived from any payment in respect of
property or borrowed money used or to be used for a Private Business Use.
In addition, if both (A) more than five percent (5 %) of the Principal Amount is used as described above with respect to Private
Business Use and (B) more than five percent (50.16) of the Principal Amount plus interest earned thereon is secured by Private Business Use
property or payments as described above. then the excess over such five percent 15 %) Ithe "Excess Private Use Portion ") will be used for a
Private Business Use related to the govemmental use of the Equipment. Any such Excess Private Use Portion of the Principal Amount will
not exceed the portion of the Principal Amount used for the governmental use of the particular project to which such Excess Private Use
Portion is related. For purposes of this paragraph 6.1. "Private Business Use" means use of bond proceeds or bond financed- property
directly or indirectly in a trade or business carried on by a natural person or in any activity carried on by a person other than a natural
person. excluding, however. use by a state or local governmental unit and excluding use as a member of the general public.
6.2. No part of the Principal Amount or interest earned thereon will he used. directly or indirectly. to make or finance any loans to non-
governmental entities or to any governmental agencies other than Lessee.
Section 7. No Federal Guarantee,
7.1. Payment of the principal or interest due under the Financing Documents is not directly or indirectly guaranteed, in whole or in part, by
the United States or an agency or instrumentality, thereof.
7.2. No portion of the Principal Amount or interest earned thereon shall be (i) used in making loans the payment of principal or interest of
which are to be guaranteed, in whole or in part. by the United States or any agency or instrumentality thereof, or (ii) invested, ditxetly or
indirectly. in federally insured deposits or accounts if such investment would cause the financing under the Financing Documents to be
"federally guaranteed" within the meaning of Section 149(b) of the Code.
Section 81 Post - Issuance Compliance.
S.1 in the event an action takes place (or is anticipated to take place) that will cause the Equipment not to be used for qualified uses
under Section 141 of the Code. Lessee will consult with bond counsel as soon as practicable about taking remedial action as described in
Treasury Regulation Section 1.141 -12. Levee will take all actions necessary to ensure that the "nonqualified bonds" (as defined in
Treasury Regulation Section L 141 -12) are properly remediated in accordance with the requirements of the Treasury Regulations. Lessee
is familiar with the Internal Revenue Service's Voluntary Compliance Agreement Program pursuant to which issuers of tax- exempt debt
may voluntarily resolve violations of the Code and applicable Treasury Regulations on behalf of the holders of such debt or themselves
through closing agreements with the Internal Revenue Service.
82. Lessee will actively monitor the requirements of the Code and the Treasury Regulations (a) set forth in this certificate and confirm that
such requirements are met no less than once per year: (b) related to the allocation and accounting of proceeds to capital projects and will
maintain a list that specifies the allocation of proceeds of the Lease to the costs of the Equipment: (b) related to arbitrage limitations.
including yield restriction. rebate requirements and the investment of gross proceeds of the Lease. The offices within Lessee that are
currently responsible for such monitoring are the administration and accounting departments
Section9 Miscellaneous.
9.1. Lessee shall keep a complete and accurate record of all owners or assignees of the Financing Documents in form and substance
satisfactory to comply with the registration requirements of Section 149(a) of the Code unless Lessor or its assignee agrees to act as
Lessee's agent for such purpose.
92. Lessee shall maintain complete and accurate records establishing the expenditure of the Principal Amount and interest earnings
thereon for a period of rive (5) years after payment in full under the Financing Documents.
Q3. To the best of the undersigned's knowledge, information and belief. the above expectations are reasonable and there are no other
facts. estimates or circumstances that would materially change the expectations expressed herein.
-, :nu W) ESC,(W ran) Idol
P43
IN WITNESS WHEREOF, this Tax Agreement and Arbitrage Certificate has been executed on behalf of Lessee as of the Lease
Date.
_vu uO.ESC.0(r1A m 1',,;
P44
THE SCHOOL BOARD OF THE COUNTY
OF PPPTSYLVANIA, VA.
Lessee
By:
Name: 4.ms . Mc
Title: Superintendent
EXHIBIT C
[Escrow] Lease Number: 03370
Equipment Schedule: 04
RESOLUTION OF GOVERNING BODY
At a duly called meeting of the governing body of Lessee held in accordance with all
applicable legal requirements, including open meeting laws, on the 81' day of Jules,
2014 , the following resolution was introduced and adopted:
RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A
MASTER LEASE AGREEMENT, EQUIPMENT SCHEDULE NO. 04, AN
ESCROW AGREEMENT, AND RELATED INSTRUMENTS, AND
DETERMINING OTHER MATTERS IN CONNECTION THEREWITH.
WHEREAS, the governing body of THE SCHOOL BOARD OF THE COUNTY OF
PITTSYLVANIA, VA ( "Lessee ") desires to obtain certain equipment (the "Equipment ")
described in Equipment Schedule No. 04 ( "the Equipment Schedule ") to the Master Lease
Agreement (collectively, the "Lease ") between SUNTRUST EQUIPMENT FINANCE &
LEASING CORP. ( "Lessor ") and Lessee, the form of which has been available for review
by the governing body of Lessee prior to this meeting; and
WHEREAS, the Equipment is essential for Lessee to perform its governmental functions;
and
WHEREAS, the funds made available under the Lease will be deposited with SUNTRUST
BANK ( "Escrow Agent') pursuant to an Escrow Agreement between Lessor, Lessee and
the Escrow Agent (the "Escrow Agreement') and will be applied to the acquisition of the
Equipment in accordance with said Escrow Agreement; and
WHEREAS, Lessee has satisfied the legal requirements, including those relating to any
applicable public bidding requirements, to arrange for the for the acquisition of the
Equipment and the execution and delivery of the Lease and the Escrow Agreement; and
WHEREAS, Lessee proposes to enter into the Lease with SUNTRUST EQUIPMENT
FINANCE & LEASING CORP. and the Escrow Agreement with Lessor and Escrow
Agent substantially in the forms presented to this meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF
LESSEE AS FOLLOWS:
Section 1. It is hereby found and determined that the terms of the Lease and the Escrow
Agreement (collectively, the "Financing Documents ") in substantially the forms presented
to this meeting and incorporated in this resolution are in the best interests of Lessee for the
acquisition of the Equipment.
P45
Section 2. The Financing Documents and the acquisition and financing of the Equipment
under the terms and conditions as described in the Financing Documents are hereby
approved. The Superintendent of Lessee and any other officer of Lessee who shall
have power to execute contracts on behalf of Lessee be, and each of them hereby is,
authorized to execute, acknowledge and deliver the Financing Documents with any changes,
insertions and omissions therein as may be approved by the officers who execute the
Financing Documents, such approval to be conclusively evidenced by such execution and
delivery of the Financing Documents. The Clerk of the Board of Lessee and any other
officer of Lessee who shall have power to do so be, and each of them hereby is, authorized
to affix the official seal of Lessee to the Financing Documents and attest the same.
Section 3. The proper officers of Lessee be, and each of them hereby is, authorized and
directed to execute and deliver any and all papers, instruments, opinions, certificates,
affidavits and other documents and to do or cause to be done any and all other acts and
things necessary or proper for carrying out this resolution and the Financing Documents.
Section 4. Pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended
(the "Code "), Lessee hereby specifically designates the Lease as a "qualified tax- exempt
obligation" for purposes of Section 265(b)(3) of the Code.
Section 5. This resolution shall take effect immediately.
The undersigned further certifies as of the Lease Date specified in the Equipment Schedule
that the above resolution has not been repealed or amended and remains in full force and
effect and further certifies that the Lease and Escrow Agreement executed on behalf of
Lessee are the same as presented at such meeting of the governing body of Lessee,
excepting only such changes, insertions and omissions as shall have been approved by the
officers who executed the same.
Date: July 8, 2014
(SEAL)
P46
THE SCHOOL BOARD OF THE COUNTY
OF PITTSYLVANIA, VA,
Lessee
v
By: — GY
Name: James E. an' 1
Title: Superintendent
By:
Name: Janet F. Hancock
Title: Clerk of the Board
EXHIBIT D
Lease No.: 03370
Equipment Schedule: 04
INCUMBENCY CERTIFICATE
I do hereby certify as of the Lease Date specified in the Equipment Schedule referenced above (the -Lease Date') that 1 am the
duly elected or appointed and acting Clerk of the Board of THE SCHOOL BOARD OF THE COUNTY OF PITTSVLVANIA, VA. a
political subdivision duly organized and existing under the laws of the State of Virginia t" Lessee" ), that 1 have custody of the records
of such entity. and that the individuals named below are the duly elected or appointed officers of such entity holding the offices set forth
opposite their respective names.
I further certify as of the Lease Date that (i) the officers of Lessee listed below have the authority on behalf of Lessee to execute
and deliver the Master Lease Agreement dated as of May 25, 2005 between SUNTRUST EQUIPMENT FINANCE do LEASING CORP.
and Lessee, all Equipment Schedules thereunder and all other documents agreements and certificates contemplated by the foregoing; and
(ii) the signatures set opposite the respective names and titles of such officers are their true and authentic signature.
NAME
TITLE
SIGNATURE
PHONE NUMBER
.lames E. McDaniel
Superintendent
4341432 -2761
IN WITNESS WHEREOF. I have duly executed this certificate as of the Lease Date.
21J 14 w-Esc sraDrN're• W 11 .ul
Name: Jahet Hancock
Title: Clerk of the Board
P47
Attornevs at Law
July 15, 2014
SUNTRUST EQUIPMENT FINANCE & LEASING CORP.
300 East Joppa Road, 7" Floor
Towson, MD 21286
`19 Mato Jlreet
!O. Box 8200
"anvnlle, VA 24543 -8200
I'e1: 134.793.8200
?ax; 434.793.8436
ww cl ementwheatleecom
Re: Master Lease Agreement dated as of May 25, 2005, as amended by Amendment No. 01
dated October 16, 2009 (collectively, the "Agreement "), by and between SUNTRUST
EQUIPMENT FINANCE d1 LEASING CORP., Successor to SunTrust Leasing
Corporation ( "Lessor ") and THE SCHOOL BOARD OF THE COUNTY OF
PITTSYLVANIA, VIRGIN IA ( "Lessee ")
Ladies and Gentlemen:
We have acted as counsel to Lessee with respect to the Agreement described above and various
related matters, and in this capacity have reviewed a duplicate original or certified copy thereof and
Equipment Schedule No. 04 executed pursuant thereto (together with the Agreement, the "Lease ") and
the Escrow Agreement dated as of the Lease Date specified in the Equipment Schedule between Lessor,
Lessee and SunTrust Bank, as Escrow Agent (the "Escrow Agreement" and together with the Lease, the
"Financing Documents "). The terms capitalized in this opinion but not defined herein shall have the
meanings assigned to them in the Lease. Based upon the examination of these and such other documents
as we have deemed relevant, it is our opinion that:
I . Lessee is a political subdivision of the Commonwealth of Virginia (the "State ") within
the meaning of Section 103(c) of the Internal Revenue Code of 1986, as amended, and is duly organized,
existing and operating under the Constitution and laws of the State.
2. Lessee is authorized and has the power under applicable law to enter into the Financing
Documents, and to carry out its obligations thereunder and the transactions contemplated thereby.
3. The Financing Documents have been duly authorized, executed and delivered by and on
behalf of Lessee, and are legal, valid and binding obligation of Lessee enforceable in accordance with
their terms, except as enforcement thereof may be limited by bankruptcy, insolvency and other similar
laws affecting the enforcement of creditors' rights generally and by general equitable principles.
4. The authorization and execution of the Financing Documents and all other proceedings of
Lessee relating to the transactions contemplated thereby have been performed in accordance with all
applicable open meeting, public records, public bidding and all other laws, rules and regulations of the
State.
P48
SunTrust Equipment Finance & Leasing Corp.
July 15, 2014
Page 2
5. The execution of the Lease and the appropriation of moneys to pay the Rental Payments
coming due thereunder do not and will not result in the violation of any constitutional, statutory or other
limitation relating to the manner, form or amount of indebtedness which may be incurred by Lessee.
b. To the best of our knowledge, there is no litigation, action, suit or proceeding pending or
before any court, administrative agency, arbitrator or governmental body that challenges the organization
or existence of Lessee, the authority of Lessee or its officers or its employees to enter into the Financing
Documents, the proper authorization and/or execution of the Financing Documents or the documents
contemplated thereby, the appropriation of moneys to make Rental Payments under the Lease for the
current Fiscal Year of Lessee, or the ability of Lessee otherwise to perform its obligations under the
Financing Documents and the transactions contemplated thereby. To the best of our knowledge, no such
litigation, action, suit or proceeding is threatened.
7. The Equipment is personal property, and when used by Lessee will not be or become
fixtures under the laws of the State.
8. A resolution of the governing body of Lessee was duly and validly adopted by such
governing body on July 8, 2014, and such resolution has not been amended, modified, supplemented or
repealed and remains in full force and effect.
Me foregoing opinions are subject to the following additional limitations, qualifications and
exceptions:
Our opinion is based solely on federal law and the law of the State (without giving effect
to the State's principles of conflict of laws), and we express no opinion based upon the
laws of any other state or the District of Columbia. We are expressing no opinion with
reference to federal and state securities laws and regulations and federal and state antitrust
and unfair competition laws and regulations.
2. We relied upon the information certified by the Lessee as contained in that certain
Certificate, a copy of which is attached hereto as Schedule A, incorporated herein by this
reference.
Our opinion on the validity and enforceability of the obligations of the Lessee as contained
in the Financing Documents are subject to (a) the provisions of applicable federal and state
bankruptcy, insolvency, or fraudulent conveyances, reorganizations, moratorium, or
similar laws relating to or affecting the enforcement of creditor's rights generally, now or
hereinafter in effect and any judicially developed doctrines relevant to any of the foregoing
laws, such as substantive consolidation of entities; (b) principles of equity and public policy
which may restrict the enforcement of certain remedies and any other matters set forth on
Schedule B attached to this letter and incorporated herein by this reference; and (c) all
matters set forth on Schedule C attached to this letter and incorporated herein by this
reference.
4. Neither the State nor any political subdivision of the State, including the Lessee, is
obligated to pay any amounts under the Financing Documents or other costs incident to it
except from the monies specifically pledged for this purpose. Neither the faith and credit
{ nor the taxing power of the State or any political subdivision of the State, is pledged to the
payment of any amounts under the Financing Documents. 'fhe Financing Documents do
P49
SunTmst Equipment Finance & Leasing Corp.
July 15, 2014
Page 3
not directly, indirectly or contingently obligate the State or any political subdivision of the
State, including the Lessee, to levy any taxes or to make any appropriations for the payment
of the Lease.
5. We have made no examination of and we express no opinion on the state of the title to any
real or personal property to which the Lease purports to subject a lien, security interest, or
other encumbrance. We have made no examination of and we express no opinion on the
priority of any liens, security interests, or other encumbrances purported to be created or
perfected by the (,ease.
6. We express no opinion as to whether the Financing Documents comply with any statutes,
laws, rules, or regulations which prescribe permissible and lawful investments for the
Lessee or whether the Financing Documents comply with any statutory, regulatory, or
other loan limits applicable to the lessor.
We express no opinion concerning the validity or enforceability of any provisions of the
Financing Documents which provide (i) any warranties or indemnifications by the Lessee
regarding environmental matters; (ii) any obligation by the Lessee to indemnify or save
and hold harmless the Lessor or any other parry; or (iii) any other provision which has the
effect of indemnifying the Lessor or any other party. Certain indemnity provisions of the
Financing Documents may be unenforceable as being beyond the power of the Lessee to
undertake such indemnification or pursuant to court decisions invalidating such indemnity
provisions on grounds of public policy. The Lessee's obligations to pay the cost of
performing its obligations under the Financing Documents, including without limitation its
obligation to make payments under the Lease, are also subject to and dependent upon
annual appropriations being made from time to time by the Board of Supervisors of
Pittsylvania County, Virginia to Lessee, for such purpose.
8. We express no opinion as to (i) compliance with federal securities laws, regulations, and
judicial and agency decisions relating to the registration or qualification of securities; or
(ii) compliance with registration or qualification requirements of any state securities or
"blue -sky" laws of any state or the District of Columbia.
9. This opinion may be relied upon by the addressee hereof and its successors and assignees
of interests in the Lease, but only with regard to matters specifically set forth herein. This
opinion may not be used, circulated, quoted, relied upon or otherwise referred to for any
other purpose without our prior written consent.
10 This opinion is given as of the date hereof, and we assume no obligation to update or
supplement this opinion to reflect the facts or circumstances which may hereafter come to
our attention or any changes in laws which may hereafter occur.
i We express no opinion as to provisions purporting to apply the laws of a particular
jurisdiction, provisions purporting to set evidentiary standards, provisions purporting to
waive or establish jurisdiction, or provisions purporting to waive claims of fraud, illegality,
the right to a jury trial or rights under any applicable statutes of limitations, or otherwise
waiving any constitutional rights or limitations.
PSa
Sunfrust Equipment Finance & Leasing Corp.
July 15, 2014
Page 4
4
Very truly yours,
CLEMENT & WHEATLEY, A Professional
Corpor
dy:�
Michael C. Guano , Vice Pre i ent
P51
Schedule A
Certificate
GENERAL CERTIFICATE OF
PITTSYLVANIA COUNTY SCHOOL BOARD
Re: Master Lease Agreement dated as of May 25, 2005, as amended
by Amendment No. 01 dated October 16, 2009 (collectively, the
"Agreement "), by and between SUNTRUST EQUIPMENT
FINANCE & LEASING CORP., Successor to SunTrust Leasing
Corporation ( "Lessor") and THE SCHOOL BOARD OF THE
COUNTY OF PITTSYLVANIA, VIRGINIA ( "Lessee ")
This General Certificate (this "Certificate ") is being executed and delivered in connection with
the above - referenced Agreement and Equipment Schedule No. 04 executed pursuant thereto
(collectively, the "Lease ") and the Escrow Agreement dated as of the Lease Date specified in the
Equipment Schedule between Lessor, Lessee and SunTrust Bank, as Escrow Agent (the "Escrow
Agreement" and together with the Lease, the "Financing Documents "), and various related documents.
The undersigned hereby certifies as to the matters set forth in all of the following paragraphs.
411 capitalized terms used herein shall have the same meaning as set forth in the Lease.
L Lessee is a political subdivision of the Commonwealth of Virginia (the "State ") within
the meaning of Section 103(c) of the internal Revenue Code of 1986, as amended, and is duly organized,
existing and operating under the Constitution and laws of the State.
2. Lessee is authorized and has the power under applicable law to enter into the Financing
Documents, and to carry out its obligations thereunder and the transactions contemplated thereby.
3. The Financing Documents have been duly authorized, executed and delivered by and on
behalf of Lessee, and are legal, valid and binding obligations of Lessee enforceable in accordance with
their terms, except as enforcement thereof may be limited by bankruptcy, insolvency and other similar
laws affecting the enforcement of creditors' rights generally and by general equitable principles.
4. The authorization and execution of the Financing Documents and all other proceedings
of Lessee relating to the transactions contemplated thereby have been performed in accordance with all
applicable open meeting, public records, public bidding and all other laws, rules and regulations of the
State.
5. The execution of the Financing Documents and the appropriation of moneys to pay the
Rental Payments coming due thereunder do not and will not result in the violation of any constitutional,
statutory or other limitation relating to the manner, form or amount of indebtedness which may be
incurred by Lessee.
6. There is no litigation, action, suit or proceeding pending or before any court,
administrative agency, arbitrator or governmental body that challenges the organization or existence of
Lessee, the authority of Lessee or its officers or its employees to enter into the Financing Documents, the
proper authorization and/or execution of the Financing Documents or the documents contemplated
thereby, the appropriation of moneys to make Rental Payments under the Lease for the current Fiscal
Year of Lessee, or the ability of Lessee otherwise to perform its obligations under the Financing
P52
Documents and the transactions contemplated thereby. To the best of our knowledge, no such litigation,
,fiction, suit or proceeding is threatened.
7. The Equipment is personal property, and when used by Lessee will not be or become
fixtures under the laws of the State.
8. A resolution of the governing body of Lessee was duly and validly adopted by such
governing body on July 8, 2014, and such resolution has not been amended, modified, supplemented or
repealed and remains in full force and effect.
WITNESS my official signature and the seal of the The School Board of the County of
Pittsylvania, Virginia as of July 15, 2014.
r ✓ (SEAL)
James E. McDanie , t mten ent
i
The undersigned, being the Clerk of The School Board of the County of Pittsylvania,
Virginia, hereby certifies that James E. McDaniel is the Superintendent of The School Board of the
County of Pittsylvania, Virginia, and that the signature set forth above is his true and genuine signature,
which signature was affixed in the presence of the undersigned.
Witness my hand and seal as of the 15' day of July 2014.
Janet . Hancock, Clerk
P53
Schedule B
Equitable Principles Limitations
The opinions set forth in this letter are subject to the effect of general principles of equity,
whether applied by a court of law or equity, including principles:
(a) governing the available of specific performance, injunctive relief or other equitable
remedies, which generally place the award of such remedies, subject to certain
guidelines, in the discretion of the court to which applicable for such relief is made;
(b) affording equitable defenses (e.g., waiver, laches and estoppel) against a party seeking
enforcement;
(c) requiring good faith and fair dealing in the performance and enforcement of a contract
by the party seeking its enforcement;
(d) requiring reasonableness in the performance and enforcement of an agreement by the
party seeking enforcement of the contract;
(e) requiring consideration of the materiality of (i) the client's breach and (ii) the
consequences of the breach to the party seeking enforcement;
(t) requiring consideration of the impracticability or impossibility of performance at the
time of attempted enforcement; and
(g) affording defenses based upon the unconscionability of the enforcing party's conduct
after the parties have entered into the contract.
P54
Law that:
Schedule C
The opinions expressed in this letter are subject to the effect of generally applicable rules of
(a) limit or affect the enforcement of provisions of a contract that purport to require waiver
of the obligations of good faith, fair dealing, diligence and reasonableness;
(b) provide that forum selection clauses in contracts are not necessarily binding on the
court(s) in the forum selected;
(c) limit the availability of a remedy under certain circumstances where another remedy has
been elected;
(d) limit the right of a creditor to use force or cause a breach of the peace in enforcing rights;
(e) relate to the sale or disposition of collateral or the requirements of a commercially
reasonable sale;
(f) I imit the enforceability of provisions releasing, exculpating or exempting a party from,
or requiring indemnification of a party for, liability for its own action or inaction, to the
extent the action or inaction involves gross negligence, recklessness, willful misconduct
or unlawful conduct;
(g) may, where less than all of a contract may be unenforceable, limit the enforceability of
the balance of the contract to circumstances in which the unenforceable portion is not an
essential part of the agreed exchange;
(h) govern and afford judicial discretion regarding the determination of damages and
entitlement to attorneys' fees and other costs;
(i) may, in the absence of a waiver or consent, discharge a guarantor to the extent that (1)
action by a creditor impairs the value of collateral securing guaranteed debt to the
detriment of the guarantor, or (2) guaranteed debt is materially modified; and
j) may permit a party who has materially failed to render or offer performance required by
the contract to cure that failure unless (1) permitting a cure would unreasonably hinder
the aggrieved party from making substitute arrangements for performance, or (2) it was
important in the circumstances to the aggrieved party that performance occur by the date
stated in the contract.
P55
EXHIBIT F
Lease No.: Shown on Schedule I
Equipment Schedule: Shown on Schedule I
SUNTRUST EQUIPMENT FINANCE & LEASING CORP.
ESCROW AGREEMENT
This ESCROW AGREEMENT, made and entered into as of the Date shown on Schedule 1, by and among SUNTRUST EQUIPMENT
FINANCE & LEASING CORP.. a Virginia corporation ( "Lesser'), the lessee named on Schedule h which is a political subdivision or
Public body politic and corporate of the State or Commomvealth shown on Schedule t ("Lessee "), and SUNTRUST BANK a Georgia
banking corporation, as Escrow Agent ("Escrow Agent ").
In consideration of the mutual covenants herein contained the parties hereto agree as follows:
AR'T'ICLE 1. DEFINITIONS AND RECITALS
Section Ll. Definitions. The terms defined in this Section LI shall. for all purposes of this Escrow Agreement, have the meanings
specified below or on Schedule 1.
"Acquisition Costs" means, with respect to the Equipment. the contract price paid or to be paid to the person entitled to such payment
upon acquisition or delivery of any portion of the Equipment in accordance with the purchase order or contract herefore. Acquisition Costs
may include the administrative. engineering, legal, financial and other costs incurred by Levee in connection with the acquisition, delivery
and financing of the Equipment, if approved by Lessor.
"Equipmenrl means the personal property described in the Acceptance Certificate executed pursuant to the Lease, together with any and
all modifications, additions and alterations thereto, to he acquired from the moneys held in the Equipment Acquisition Fund.
"Equipment Acquisition Fund" means the account by that name established and held by Escrow Agent pursuant to Article 11 of this
Escrow Agreement.
"Escrow Agent Fee" has the meaning set forth in Section 6.1 and the amount of such Escrow Agent Fee is shown on Schedule 1.
"Escrow Agreement" means this Escrow Agreement and any duly authorized and executed amendment or supplement hereto.
"Initial Deposit Amount" means the amount shown as the Initial Deposit Amount on Schedule I.
"Lease" means the Master Lease. together with the Equipment Schedule identified on Schedule 1. by and between Lessee and Lessor. and
any duly authorized and executed amendment or supplemem thereto.
":Master Lease" means the Master Lease AgreemenL dated as of the date shown on Schedule h by and between Lessee and Lessor.
including any Equipment Schedules entered into thereunder and any duly authorized and executed amendment or supplement thereto.
"Payment Request Form" means the document substantially in the form attached hereto as Exhibit A to be executed by Lessee and
Lessor and submitted to Escrow Agent to authorize payment of Acquisition Costs.
"Qualified Investments" means the ST Leasing — Corp Agency NOW Account, a SunTrust Deposit Account for Escrow customers of
SUNTRUST EQUIPMENT FINANCE & LEASING CORP. and SunTmst Bank. By signing this Escrow Agreement, Lessee
acknowledges that such Qualified Investment is a permitted investment under any state, county or municipal law applicable to the
investment of Lessee's Binds.
ARTICLE 11. APPOINTMENT OF ESCROW AGENT; AUTHORITY
Section 2.l. Antroinfinenr f Escrow Agent. Lessor and Lessee hereby appoint and employ Escrow Agent to receive, hold, invest and
disburse the moneys to be paid to Escrow Agent pursuant to this Escrow Agreement and to perform certain other fimetions. all as
hereinafter provided. By executing and delivering this Escrow Agreement. Escrow Agent accepts the duties and obligations of Escrow
Agent hereunder.
oucsr sr n.00c rim c_.n
P56
Escrow Agent undertakes to perform only such duties as are expressly set forth herein, and no additional duties or obligations shall be
implied hereunder. In performing its duties under this Escrow Agreement, or upon the claimed failure to perform any of its duties
hereunder, Escrow Agent shall not be liable to anyone for any damages, losses or expenses which may be incurred as a result of
Escrow Agent so acting or failing to so act: provided. however. Escrow Agent shall not be relieved from liability for damages arising
out of its proven gross negligence or willful misconduct under this Escrow Agreement. Escrow Agent shall in no event incur any
liability with respect to (i) any action taken or omitted to be taken in good faith upon advice of legal counsel. which may be counsel to
any party hereto. given with respect to any question relating to the duties and responsibilities of Escrow Agent hereunder or (if) any
action taken or omitted to be taken in reliance upon any instrument delivered to Escrow Agent and believed by it to be genuine and to
have been signed or presented by the proper party or parties. Escrow Agent shall not be bound in any way by any agreement or
contract between Lessor and Lessee. including the Master Lease, whether or not Escrow Agent has knowledge of any such agreement
or contract.
Section 2.2. Authority. Each of the parties has authority to enter into this Escrow Agreement, and has taken all actions necessary to
authorize the execution of this Escrow Agreement by the representatives whose signatures are affixed hereto.
ARTICLE III. EQUIPMENT ACQUISITION FUND
Section 3.1. Equipment Acquisition Fund. Escrow Agent shall establish a special escrow account designated as the "Equipment
Acquisition Fund" (the "Equipment Acquisition Fund "), shall keep such Equipment Acquisition Fund separate and apart from all other
funds and moneys held by it and shall administer such Equipment Acquisition Fund as provided in this Escrow Agreement.
Section 3.2. Deposit. Upon execution of the Lease and delivery to Lessor by Lessee of all documents required to be delivered thereunder.
Lessor shall deposit or cause to be deposited with Escrow Agent an amount equal to the Initial Deposit Amount. Escrow Agent shall credit
such amount to the Equipment Acquisition Fund. The Initial Deposit Amount is to be sent by Lessor to Escrow Agent by wire transfer to:
SunTrust Bank ABA# 061000104, Account# 9443001321, Account Name: Escrow Services Richmond, Beneficiary as shown on
Schedule [,Attention: Matthew Ward.
Section 3.3. Disbursements. Escrow Agent shall use the moneys in the Equipment Acquisition Fund from time to time to pay the
Acquisition Cost of each item of Equipment. within a reasonable time of receipt with respect thereto of a Payment Request Form executed
by Lessor and Levee. Upon receipt of a Payment Request Form executed by Lessor and Lessee. an amount equal to the Acquisition Cost
:as shown therein shall he paid directly by Escrow Agent to the person or entity entitled to payment as specified therein. Although the
Payment Request Form may have schedules, invoices and other supporting document attached to it. Lessor will send to Escrow Agent only
the page or pages showing the signatures of Lessor and Lessee, the Acquisition Cost and related payment intbrrnation. without such
schedules. invoices or other supporting documentation. Escrow Agent may act and rely upon the signed Payment Request Form without
the need to review or verify any such schedules, invoices or other supporting documentation.
Section 3.4. Transfers Upon Completion. Unless all of the funds deposited by Lessor in the Equipment Acquisition Fund have been
previously disbursed pursuant to Section 3.3 or paid to Lessor pursuant to Section 3.5, on the Ending Date shown on Schedule I. Escrow
Agent shall pay upon written direction all remaining moneys in the Equipment Acquisition Fund to Lessor or its assignee for application as
a prepayment of the unpaid Principal under the related Lease. Any amounts paid pursuant to this Section 3A shall be subject to a
prepayment fee equal to two percent (2 %) of such amount. Lessor shall apply amounts received under this Section 3.4 first to unpaid fees.
late charges and collection costs, if any, which have accrued or been incurred under the Master Lease, then to overdue Principal and
Interest on the Lease and then. in the sole discretion of Lessor, either (f) to Principal payments thereafter due under the Lease in the inverse
order of their maturities or Of proportionately to each Principal payment thereafter due under the Lease. In the event that Lessor elects to
apply any such amounts in accordance with clause (i) of the preceding sentence, Lessee shall continue to make Rental Payments as
scheduled in the applicable Payment Schedule. In the event that Lessor elects to apply such amounts in accordance with clause fill of this
Section 3.4. Lessor shall provide Lessee with a revised Payment Schedule which shall reflect the revised Principal balance and reduced
Rental Payments due under the Lease. Capitalized terms used in this Section 3.4. but not defined herein. shall have the meanings given to
such terns in the Lease. Escrow Agent shall have no responsibility to we to the appropriate application of any moneys returned under this
Section 3.4.
Section 3.5. Liquidation. Upon receipt of written notice from Lessor or Lessee that the Lease has been terminated pursuant to Sections
3.2 or 122 thereof. Escrow Agent shall liquidate all investments field in the Equipment Acquisition Fund and transfer the proceeds thereof
and all other moneys held in the Equipment Acquisition Fund to Lessor.
Section 3.6. Responsible Party, Lessee shall be responsible for the initiation of the disbursement process pursuant to Section 3.3 hereof.
Neither Escrow Agent nor Lessor shall be responsible for any additional monies assessed to Lessee resulting from disbursements made
from the Equipment Acquisition Fund.
13114 a1 }ES('.DW. .'I; sJ 2
P57
ARTICLE IV. TRUST; INVESTMENT
Section 4.1. Irrevocable Trust, The moneys and investments held by Escrow Agent under this Escrow Agreement are irrevocably held
in trust for the benefit of Lessor and Lessee, and such moneys, together with any income or interest earned, shall be expended only as
provided in this Escrow Agreement, and shall not be subject to levy or attachment or lien by or for the benefit of any creditor of either
Lessor or Lessee (other than Lessor's security interest granted hereunder).
Escrow Agent shall have no responsibility at any time to ascertain whether or not any security interest exists in the Equipment
Acquisition Fund or any part of the Equipment Acquisition Fund or to file any financing statement under the Uniform Commercial
Code of any jurisdiction with respect to the Equipment Acquisition Fund or any part thereof.
Section 4.2. Investment. Moneys held by Escrow Agent hereunder shall he invested and reinvested by Escrow Agent only in Qualified
Investments. Such investments shall be registered in the name of Escrow Agent and held by Escrow Agent for the benefit of Lessor and
Lessee. Escrow Agent may purchase or sell to itself or any affiliate, as principal or agent, investments authorized by this Article IV. Such
investments and re- investments shall be made giving full consideration for the time at which funds are required to be available. Any
income received on such investments shall be credited to the Equipment Acquisition Fund and any loss on such investments shall be
charged to the Equipment Acquisition Fund. Escrow Agent shall not be responsible or liable for any loss suffered in connection with any
investment of moneys made by it in accordance with this Article IV.
Section 4.3. Disposition of Investments. Escrow Agent shall, without further direction from Lessor or Lessee, sell such investments as
and when required to make any payment from the Equipment Acquisition Fund.
Section 4.4. Accountirm Escrow Agent shall keep complete and accurate records of all moneys received and disbursed under this
Escrow Agreement which shall be available for inspection by Lessor or Lessee, or the agent of either of them at any time during regular
business hours upon prior written request. Escrow Agent shall furnish to Lessor and Lessee no less than quarterly an accounting of all
investments and interest and income therefrom.
Section 4.5. Termination. This Escrow Agreement shall terminate upon disbursement by Escrow Agent of all moneys held by it
hereunder. Notwithstanding the foregoing, this Escrow Agreement shall not be considered to he terminated unfit all fees. costs and
expenses of Escrow Agent have been paid in full. Upon termination. Escrow Agent shall be discharged from all duties and responsibilities
under this Escrow Agreement.
ARTICLE V. ESCROW AGENT'S AUTHORITY; INDEMNIFICATION
Section 5.1. Validity. Escrow Agent may act upon any writing or instrument or signature which it believes to be genuine. may assume the
validity and accuracy of any statement or assertion contained in such a writing or instrument, and may assume that any person ptnponing to
give any writing, notice, advice or instructions in connection with the provisions hereof has been duly authorized to do so, and Escrow
Agent shall be under no duty to make any investigation or inquiry as to any of the foregoing. Escrow Agent shall not be liable in any
manner for the sufficiency or correctness as to form. manner and execution. or validity of any instrument deposited with it, nor as to the
identity, authority or right of any person executing the same.
Escrow Agent shall be entitled to rely upon any statement, certificate, document or instrument presented to it by or on behalf of Lessee
by any of Lessee's Authorized Representatives shown on Schedule 1 and shall be entitled to rely upon any such statement. certificate.
document or instrument presented to it by any other person who identifies himself or herself as an authorized representative of Lessee.
Section 5.2. Use of Counsel and A ents. Escrow Agent may execute any of the trusts or powers hereof and perform the duties required
of it hereunder by or through attorneys, agents, or receivers. Escrow Agent shall be entitled to advice of counsel concerning all matters of
trust and its duties hereunder and shall be paid or reimbursed the reasonable fees and expenses of such counsel. as provided in Section 6.1.
Escrow Agent shall not be answerable for the default or misconduct of any such attorney, agent, or receiver selected by it with reasonable
care.
Section 53. Interpretation. As an additional consideration for and as an inducement for Escrow Agent to act hereunder, it is
understood and agreed that. in the event of any disagreement between the parties to this Escrow Agreement or among them or any
other persons resulting in adverse claims and demands being made in connection with or for any money or other property involved in
or affected by this Escrow Agreement. Escrow Agent shall be entitled, at the option of Escrow Agent, to refuse to comply with the
demands of such parties. or any of such parties. so long as such disagreement shall continue. In such event. Escrow Agent shall make
no delivery or other disposition of the Equipment Acquisition Fund or any part of the Equipment Acquisition Fund. Anything herein to
the contrary notwithstanding, Escrow Agent shall not be or become liable to such parties or any of them for the failure of Escrow
Agent to comply with the conflicting or adverse demands of such parties or any of such parties.
Escrow Agent shall be entitled to continue to refrain and refuse to deliver or otherwise dispose of the Equipment Acquisition Fund or
!:0) 1.80-ESC. DOC ,V 12.1
P58
any part thereof or to otherwise act hereunder, as stated above, unless and until:
I. the rights of such parties have been finally settled by binding arbitration or duly adjudicated in a court having
jurisdiction of the parties and the Equipment Acquisition Fund: or
2. the parties have reached an agreement resolving their differences and have notified Escrow Agent in writing of such
agreement and have provided Escrow Agent with indemnity satisfactory to Escrow Agent against any liability, claims or damages
resulting from compliance by Escrow Agent with such agreement.
In the event of a disagreement between such parties as described above. Escrow Agent shall have the right, in addition to the rights
described above and at the option of Escrow Agent. to tender into the registry or custody of any court having jurisdiction. all money
and property comprising the Equipment Acquisition Fund and may take such other legal action as may be appropriate or necessary, in
the opinion of Escrow Agent. Upon such tender, the parties hereto agree that Escrow Agent shall be discharged from all further duties
and responsibilities under this Escrow Agreement: provided, however. that the tiling of any such legal proceedings shall not deprive
Escrow Agent of its compensation hereunder earned prior to such filing and discharge of Escrow Agent of its duties and
responsibilities hereunder.
The parties heretojointly and severally agree that, whether under this Section 5.3 or any other provisions of this Escrow Agreement, in
the event any controversy arises under or in connection with this Escrow Agreement or the Equipment Acquisition Fund or in the event
that Escrow Agent is trade a party to or intervenes in any litigation pertaining to this Escrow Agreement or the Equipment Acquisition
Fund, to pay to Escrow Agent reasonable additional compensation for its extraordinary services and to reimburse Escrow Agent for all
costs and expenses associated with such controversy or litigation. including reasonable attorney's fees.
Section 5.4. Limited Liability of Escrow Agent. Escrow Agent shall not be liable in connection with the perfomrance or observation of
its duties or obligations hereunder except for in the case of its proven gross negligence or willful misconduct. Escrow Agent shall have no
obligation or liability to any of the other parties under this Escrow Agreement for the failure or refusal of any other party to perform any
covenant or agreement made by such party hereunder or under the Master Lease. but shall be responsible solely for the performance of the
duties and obligations expressly imposed upon it as Escrow Agent hereunder.
Section 5.5. Indemnification. Escrow Agent shall have no obligation to take any legal action in connection with this Escrow
Agreement or towards its enforcement. or to appear in, prosecute or defend any action or legal proceeding which would or might
involve it in any cost, expense, loss or liability unless security and indemnity, as provided in this Section 5.5, shall be furnished.
To the extent permitted by applicable law. Lessee agrees to indemnify Escrow Agent and it officers, directors. employees and agents and
save Escrow Agent and its officers, directors, employees and agents harmless from and against any and all Claims (as hereinafter
defined) and Losses (as hereinafer defined) which may be incurred by Escrow Agent or any of such officers, directors, employees or
agents as a result of Claims asserted against Escrow Agent or any of such officers, directors, employees or agents as a result of or in
connection with Escrow Agent's capacity us such tinder this Escrow Agreement by any person or entity. For the purposes hereof. the
term "Claims" shall mean all claims, lawsuits, causes of action or other legal actions and proceedings of whatever nature brought
against (whether by way of direct action, counterclaim. cross action or impleader) Escrow Agent or any such officer. director,
employee or agent, even if groundless, false or fraudulent, so long as the claim. lawsuit, cause of action or other legal action or
proceeding is alleged or determined. directly or indirectly, to arise out of. result from. relate to or be based upon, in whole or in part:
(a) the acts or omissions of Lessor or Lessee, (b) the appointment of Escrow Agent as escrow agent under this Escrow Agreement, or
(c) the peribrmance by Escrow Agent of its powers and duties under this Escrow Agreement: and the term -Losses" shall mean losses.
costs. damages. expenses. judgments and liabilities of whatever nature (including but not limited to attomeys% accountants' and other
protessionals' fees. litigation and court costs and expenses and amounts paid in settlement). directly or indirectly resulting from,
arising out of or relating to one or more Claims. Upon the written request of Escrow Agent or any such officer. director, employee or
agent leach referred to hereinafter as an "Indemnified Party "). and to the extent permitted by Imv. Lessee agrees to assume the
investigation and defense of any Claim including the employment of counsel acceptable to the applicable Indemnified Party and the
payment of all expenses related thereto and. notwithstanding any such assumption, the Indemnified Party shall have the right, and
Lessee agrees to pay the cost and expense thereof. to employ separate counsel with respect to any such Claim and participate in the
investigation and defense thereof in the event that such Indemnified Party shall have been advised by counsel that there may be one or
more legal defenses available to such Indemnified Party which are different from or additional to those available to either Lessor or
Lessee. Lessee hereby agrees that the indemnifications and protections afforded Escrow Agent in this Section 5.5 shall survive the
termination of this Escrow Agreement.
ARTICLE VI. COMPENSATION
Section 6.1. Escrow Agent Fee. Escrow Agent and/or Lessor shall be paid by Lessee the Escrow Agent Fee shown on Schedule 1 for the
1914 W)1FsCC.alx'..0 uae
P59
ordinary services to be rendered hereunder (the -Escrow Agency Fees ") from interest earnings from a deduction taken by Lessor and
expressly authorized by Lessee at the time the Escrow Account is closed, and will be paid and/or reimbursed by Lessee upon request for all
costs. expenses, disbursements and advances, such as reasonable attomey's fees and court costs. incurred or made by Escrow Agent in
connection with carrying out its duties hereunder, including the costs expenses disbursements and advances described in Sections 5.2, 5.3
and 6.2. The Escrow Agent Fee and such other costs expenses disbursements and advances %hail be payable solely from the interest
earnings from the Equipment Acquisition Fund. In the event a shortfall occurs, said shortfall shall be the responsibility of Lessee and not
the responsibility of Escrow Agent. Lessor. or their agents or assigns. Such shortfall shall be paid by Lessee to Escrow Agent within 30
days following receipt by Lessee of a written statement setting forth such shortfall.
Section 6.2. Investment Fees. Escrow Agent shall be entitled to charge reasonable fees and commissions in connection with the
investment by it of amounts held in the Equipment Acquisition Fund (the "Investment Fees'). Investment Fees are more fully delineated
and defined in any prospectus referenced in or attached to the attached Schedule 1. Other Investment Fees may apply for self- directed
investment choices or for extraordinary investments outside the Qualified Investment defined herein. Lessor and Lessee hereby authorize
Escrow Agent to periodically deduct the Investment Fees from investment earnings on the Equipment Acquisition Fund.
Section 6.3. Security for Fees and Expenses. As security for all fees and expenses of Escrow Agent hereunder and any and all losses,
claims. damages, liabilities and expenses incurred by Escrow Agent in connection with its acceptance of appointment hereunder or
with the performance of its obligations under this Escrow Agreement and to secure the obligation of Lessee to indemnify Escrow
Agent as set forth in Section 5.5, Escrow Agent is hereby granted a security interest in and a lien upon the Equipment Acquisition
Fund, which security interest and lien shall be prior to all other security interests liens or claims against the Equipment Acquisition
Fund or any part thereof.
ARTICLE VII. CHANGE OF ESCROW AGENT
Section 7.1. Removal of Escrow Agent. Lessor and Lessee, by written agreement. may by written request, at anytime and for any
reason, remove Escrow Agent and any successor thereto, and shall thereupon appoint a successor or successors thereto, but any such
successor shall have capital (exclusive of borrowed capital) and surplus of at least Fifty Million Dollars (850.000,000), and be subject to
supervision or examination by federal or state authority. if such bank or trust company publishes a report of condition at least annually,
pursuant to statute or the requirements of any federal or state supervising or examining authority, then for the purposes of this Section 7. 1.
the combined capital and surplus of such bank or trust company may be conclusively established in its most recent report of condition so
published.
Section 7.2. Reslenation of Escrow Agent. Escrow Agent may resign at any time from it obligations under this Escrow Agreement by
providing written notice to the parties hereto. Such resignation shall be effective on the date set forth in such written notice which shall
he no earlier than 30 days alter such written notice has been given, unless an earlier resignation date and the appointment of a successor
Escrow Agent shall have been approved by Lessor and Lessee. In the event no successor escrow agent has been appointed on or prior to
the date such resignation is to become of %etive. Escrow Agent shall be entitled to tender into the custody of a court of competent
jurisdiction all assets then held by it hereunder and shall thereupon be relieved of all further duties and obligations under this Escrow
Agreement. Escrow Agent shall have no responsibility for the appointment of a successor escrow agent hereunder.
Section 7.3, Merger or Consolidation. Any entity into which Escrow Agent may be merged or converted, or with which it may be
consolidated, or any entity resulting from any merger, conversion or consolidation to which it shall be a party. or any company to which
Escrow Agent may sell or transfer all or substantially all of its corporate trust business (provided that such company shall be eligible under
Section 7.1) shall be the successor to Escrow Agent without any execution or filing or fiuther act.
ARTICLE Vlll. ADMINISTRATIVE PROVISIONS.
Section 8.1. Notice. All written notices to be given under this Escrow Agreement shall be given by mail, by facsimile or by overnight
courier to the party entitled thereto at its contact information specified on Schedule 1, or at such contact information as the party may
provide to the other parties hereto in writing from time to time. Any such notice shall be deemed to have been received 72 hours after
deposit in the United States mail in registered or certified form, with postage fully prepaid. or if given by other means when delivered at
the address or facsimile number specified in Schedule I. Any notice given by any party shall be given to both other parties.
Section 8.2. Assignment, Except as expressly herein provided to the contrary, the rights and duties of each of the parties under this
Escrow Agreement shall not be assignable to any person or entity without the written consent of all of the other parties. Notwithstanding
the above. Lessor may freely assign all or any part of its interest in this Escrow Agreement and the Equipment Acquisition Fund in
connection with an assignment by Lessor of its rights under the Lease.
Section 8.3. Binding Effect. This Escrow Agreement shall be binding upon and inure to the benefit of the parties and their respective
neopeu.txx'
P60
successors and assigns.
Section 8.4. Severability. In the event any provision of this Escrow Agreement shall be held invalid or unenforceable by any court of
competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof.
Section 8.5. Entire Agreement Amendments. This Escrow Agreement constitutes the entire agreement of the parties with respect to the
subject matter hereof and supersedes all prior and contemporaneous writings, understandings, agreements, solicitation documents and
representations, express or implied. By execution of this Escrow Agreement. Escrow Agent shall not be deemed or considered to be a
party to any other document, including the Master Lease.
This Escrow Agreement may be amended, supplemented or modified only by written documents duly authorized, executed and delivered
by each of the parties hereto.
Section 8.6. Captions. The captions or headings in this Escrow Agreement are for convenience only and in no way define. limit or
describe the scope or intent of any provisions. Articles. Sections or clauses hereof:
Section 8.7. Further Assurances and Corrective Instruments. Lessor and Lessee agree that they will, from time to time, execute.
acknowledge and deliver. or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as
may be necessary or proper to carry out the intention or to facilitate the performance of the parties under this Escrow Agreement, and for
better assuring and confirming the rights and benefits provided herein.
Section 8.8. Governing Law. This Escrow Agreement shall be construed and governed in accordance with the laws of the
Commonwealth of Virginia.
Section 8.9. Execution in Counterparts. This Escrow Agreement may be simultaneously executed in several counterparts, each of
which shall hem original and all of which shall constitute but one and the same Escrow Agreement.
Section 8.10. Waiver of Jury Trial. Lessor. Lessee and Escrow Agent hereby waive any right to trial by jury in any action or proceeding
with respect to, in connection with or arising out of this Escrow Agreement,
Section 8.11. No Tax Reporting. Escrow Agent will not be responsible for tax reporting of any income on the Equipment Acquisition
Fund.
]'14131)'GS('. MN' ratio] 1 vl
[SIGNATURE PAGES FOLLOW)
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK)
P61
EXECUTION PACE OF ESCROW AGREEMENT
IN WITNESS WHEREOF, the parties have executed this Escrow Agreement as of the Date of Escrow Agreement shown on Schedule 1.
SUNTRUST BANK, SUNTRUST EQUIPMENT FINANCE &
Escrow Agent LEASING CORP..
Lessor
By:
By:
Name:
Name:
Title:
Title:
THE SCHOOL BOARD OF THE COUNTY
OF PITTSYLVAN IA, VA,
Lessee
By:
Name: James E. M Dan
[SEAL]
Title: Superintendent
Schedule I
Information to Complete Escrow Agreement
Exhibit A
Payment Request Form
P62
SCHEDULEI
INFORMATION TO COMPLETE ESCROW AGREEMENT
Lease Number: 0303 =70
Equipment Schedule: 004
Date of Escrow Agreement: July 15. 2014
Name of Lessee: THE SCHOOL BOARD OF THE COUNTY OF PITTSYLVANIA. VA
Lessee's State / Commonwealth: Virginia
Fees: $250.00 (Escrow Agent)
Investment Fees, if any, are more fully defined on the attached prospectus, if any
Extension and other tees may be applicable if not disbursed by the Ending Date.
Initial Deposit Amount:
672.610.00
Date of Master Lease Agreement:
May 25, 2005
Beneficiary Name for Fund:
THE SCHOOL BOARD OF THE COUNTY OF PITTSYLVANIA. VA
Ending Date:
January 15, 2016
Lessee's Address:
39 Bank Street SE
Chatham. VA 24531
Attention: James E. McDaniel
Lessee's 'relephEme: 4341432 -2761
Lessee's Facsimile: 434/432 -9560
Lessee's Taxpayer Identification Number: 54-6001510 47 r/
Lessee's Authorized Representatives James E. McDaniel / Superintendent [name /title) [signature]
[name/title] si aturci
Escrow Agent's Address:
Escrow Agent's Telephone
Escrow Agents Facsimile:
SunTrust Bank
919 East Main Street. 7" Floor
Richmond, VA 23219
Attention: Matt Ward
(804) 782 -7182
(804) 782 -7855
Lessor's Address:
SUNTRUST EQUIPMENT FINANCE & LEASING CORP.
300 East Joppa Road. 7th Floor
Towson. Maryland 21286
Attention: Escrow Disbursement Coordinator
Lessor's Telephone:
(410) 307 -6749
Lessor's Facsimile:
(410) 307 -6665
Lessor's Taxpayer Identification Number:
26- 1256148
_UN: wI .ESC s m. aa'rtcu7 lESl
P63
Lease Number: 03370
Equipment Schedule: 004
EXHIBIT A
PAYMENT REQUEST FORM NO. /
SUNTRUST BANK. as Escrow Agent under an Escrow Agreement dated as of .Ju /ct /5 Ze/ (the "Escrow
Agreement ") by and among Escrow Agent, SUNTRUST EQUIPMENT FINANCE & LEASING CORP.. as Lessor. and THE
SCHOOL BOARD OF THE COUNTY OF PITTSYLVANIA. VA , as Lessee, is hereby requested to pay, from the Equipment
Acquisition Fund. to the person or entity designated below as payee, that amount set forth opposite each such name. in payment of the
Acquisition COSts of the Equipment designated opposite such payee's name and described on the attached page(s). The terms capitalized
in this Payment Request Fonn but not defined herein shall have the meanings assigned to them in the Escrow Agreement.
Pavee
no
c±
Lessee hereby certifies that:
Amount Equipment
4(x,'72 4;1C.`° Q LGIS
I. Attached hereto is a duplicate original or certified copy of the following documents relating to the order, delivery and
acceptance of the Equipment described in this Pavment Request Form: to) a manufacturers or dealers invoice: and lb) unless this
Payment Request Form relates to partial payment of a Vendor, as defined in the Lease, in connection with a purchase order approved by
Lessor. Lessee's Acceptance Certificate relating to the Equipment.
The representations and warranties contained in the Lease are true and correct as of the date hereof.
3. No Non - Appropriation or Event of Default, as each such term is defined in the Lease, or event which with the giving of
notice or passage of time or both would constitute an Event of Default. has occurred.
Dated: , _0P/
THE SCHOOL BOARD OF THE COUNTY
OF PITTSYLVANIA, VA,
Lessee
By:
Nan
Titb
Dau
I 'M M STn. DOC,,, W 1261
SUNTRUST EQUIPMENT FINANCE &
LEASING CORP..
Lessor
By: _
Name:
Title:
Date:
P64
EXHIBIT G -1
Lease No.: 03370
Equipment Schedule: 04
TO: VaCo Risk Mgmt
?08 Market St.
Roanoke, VA 24011
Mm, Susan Farris
Phone 540 /345 -8500 Fax 434/793-8436
Gentlemen:
THE SCHOOL BOARD OF THE COUNTY OF PITTSYLVANIA, VA has entered into a Master Lease
Agreement dated as of May 25. 2005 with SUNTRUST EQUIPMENT FINANCE & LEASING CORP. In accordance with
the Agreement, Lessee cenifies that it has instructed the insurance agent named above to issue:
a. All Risk Physical Damage Insurance on the leased Equipment evidenced by a Certificate of Insurance and Long Form Loss
Payable Clause naming SUNTRUST EQUIPMENT FINANCE & LEASING CORP. and/or its assigns as Loss Payee.
The Coverage Required is $672,610.00.
b. Public Liability Insurance evidenced by a Certificate of Insurance naming SUNTRUST EQUIPMENT FINANCE &
LEASING CORP. and/or its assigns as Additional Insured.
The Following minimum coverage is required:
Liability: S 500.000.00 per person
Liability - Bodily Injury: 51.000.000.00 aggregate
Liability - Property Damage: S 1.000.000.00 property damage liability
PROPERTY: (8) New 2015 Thomas Built Buses. Vins, TBD
LOCATION: PCS Transportation Department, 1001 Tightsqueeze Rd, Chatham, VA
Upon issuance of the coverage outlined above, please mail a certificate of insurance to SUNTRUST EQUIPMENT
FINANCE & LEASING CORP., 300 East Joppa Road, 7ih Floor, Towson, MD 21286.
Your courtesy in issuing and forwarding the requested certificate at your earliest convenience will be appreciated.
Very truly yours.
rHE SC OL BO RD O HE COUNTY OF PITTSYLVANIA, VA,
v
By:
Nit" fames E. McDa
Title: Superintendent
Date: i- i — /
P65
EXHIBIT C -2
Lease Number: 03370
Equipment Schedule: 04
QUESTIONNAIRE FOR SELF - INSURANCE TO
,MASTER LEASE AGREEMENT
In connection kith the Master Lease Agreement (the "Agreement"). dated as of May 25. 2005, made and entered into by and between
SUNTRUST EQUIPMENT FINANCE & LEASING CORP., as Lessor ( "Lessor'), and the lessee identified below. as Lessee
( "Lessee "). Lessee warrants and represents to Lessor the following information as of the Lease Date specified in the Equipment Schedule
referenced above I the "Lease Date ") . The terms capitalized herein but not defined herein shall have the meanings assigned to them in the
Agreement.
I. Propenv lusurance.
a. Lessee is self - insured for damage or destruct to the Equipment.
YES �NO (circle one)
If yes, the dollar amount limit for propert a to the Equipment under Lessees self-insurance program is $
b. Lessee maintains an umbrella insurance policy for claims in excess of Lessee's self- insurance limits for property damage
to the Equipment as indicated above.
YES NO (circle one)
I f yes, the umbrella policy provides coverage for all risk property damage.
YES NO (circle one)
If yes. the dollar limit for property damage to the Equipment under such umbrella policy is $
2. Liubiliry Insurance.
a. Lessee is self - insured for liability for injury or death of any person or damage or loss of property arising out of or relating to
the condition or operation of the Equipment.
YES NO (circle one)
If yes, the dollar limit for such liability claims under Lessee's self-insurance program is $
b. Lessee maintains an umbrella insurance policy for claims in excess ol'Lessee's self-insurance limits for liability
including injury or death of persons or damage to property as indicated above.
YES NO (circle one)
If yes, the umbrella policy provides coverage for liabilities for injury and death to persons as well as damage or loss of
property arising out of or relating to the condition or operation of the Equipment.
YES NO (circle one)
It' ves, the dollar amount of the umbrella policy's limits for such liability coverage is $
3A Sell hri'urance Fund.
a. Lessee maintains a self- inwrance fund
YES NO (circle one)
If yes, please complete the following:
Monies in the self- insurance fund are subject to annual appropriation.
YES NO (circle one)
The total amount maintained in the self - insurance fund to cover Lessee's self insurance liabilities is $
h. Amounts paid from Lessee's self - insurance fund are subject to limitations for each claim.
YES NO Icircle one)
If yes. the dollar amount of limit per claim is $
`o11u0.[SC Fa al X- —.01' W
P66
313 Na SeIJ insurance Fund.
a. I f Lessee does not maintain a self - insurance fund. please complete the following:
Lessee obtains funds to pay claims for which it has self-insured from the following sources:
L. The limitations on the amounts payable for claims from the above sources are as follows:
a. The following entity or officer has authority to authorize payment for claim:
b. In the event the entity or officer named in the prior response denies payment of a claim, does the claimant have recourse to
another administrative officer. agency or the courts'?
YES NO (circle one)
I f ves, to whom does the claimant have recourse?
i. C'errilictues olYrn,curance.
Attached hereto are copies of certificates of insurance with respect to policies maintained by Lessee.
IN WITNESS WHEREOF, Lessee has caused this Queseionnaire to be executed as a supplement to the representations of Lessee in the
Agreement by its duly authorized officer as of the Lease Date.
.attachment
'm+ nu.[u DI.' m 117 )' A
P67
THE SCHOOL BOARD OF THE COUNTY
OF PITTSYLVANIA, VA .
Lessee
/ / // /�
BY: %r
Name: -James E. bICDa
Title: Superintendent
Telephone: 434/432 -2761
Facsimile: 4341432 -9560
SUNTRUST EQUIPMENT FINANCE & LEASING CORP.
ADDENDUM TO EQUIPMENT SCHEDULE NO. 04
TO MASTER LEASE AGREEMENT (LEASE NO. 03370)
RELATING TO SELF - INSURANCE
THIS ADDENDUM is made as of as of the Lease Date specified in the Equipment Schedule referenced above Ithe "Lease Date ").
between SUNTRUST EQUIPMENT FINANCE & LEASING CORP. ( "Lessor ") and THE SCHOOL BOARD OF THE COUNTY
OF PITTSYLVANIA, VA ( "Lessee").
Recitals
A. Lessor and Lessee have entered into a Master Lease Agreement dated as of May 25, 2005 (the "Agreement').
B. Lessee desires to lease equipment described in Equipment Schedule No. 04 to the Agreement (the "Equipment') and Lessee has
requested that Lessor lease such Equipment to Lessee.
C. With respect to Equipment Schedule No. 04 . Lessee has requested that Lessor permit it to provide self - insurance for liability
claims and property damage.
D. Lessor is %%it ling to grant Lessee's request subject to the following terms and conditions.
NOW, THEREFORE, inconsideration of the premises and mutual covenants and agreements contained herein and in the Agreement, it is
hereby agreed as follows:
I. The terms capitalized in this Addendum but not defined herein shall have the meanings assigned to them in the Agreement.
2. Lessee hereby represents and warrants that all representations and warranties contained in the Agreement are true and correct
as of the Lease Date and that neither a Non- Appropriation nor any Event of Default or event which, with the passage of time or giving of
notice or both, would constitute an Event of Default has occurred under the Agreement.
3. All other terms and conditions of the Agreement not specifically amended by this Addendum shall remain in full force and
alrect and are hereby ratified and confirmed by Lessee.
T. Lessee represents and warrants that all representations and warranties contained in the Questionnaire for Self- Insurance to
Master Lease Agreement (the "Questionnaire ") are true and correct as of the Lease Date.
5. Lessor acknowledges receipt of the Questionnaire and, in reliance upon the information provided therein. agrees that Lessee
may satisfy the requirements of Sections 7.1 through 7.3 of the Agreement with respect to Equipment Schedule No. 04 through self -
insurance.
6. By written notice to Lessee, Lessor may revoke its agreement relative to Equipment Schedule No. 04 to accept self -
insurance in lieu of the insurance required by Section 7.1 through 7.3 of the Agreement at any time during the related Lease Term when
Lessor deems itself insecure with respect to such self - insurance. Within thirty (30) days of receipt of notice from Lessor. Lessee agrees to
obtain insurance in compliance with Section 7.1. 7.2 and 7.3 of the Agreement and provide evidence thereof to Lessor.
IN WITNESS WHEREOF. the parties by their duly authorized officers have executed this Addendum as of the Lease Date.
THE SCHOOL BOARD OF THE COUNTY
OF PITTSYLVANIA, VA.
Lessee
v
By:
Name: James E. McDa '
Title: Superintendent
:arJ -.uo -ESC ixx rug or 11 fl
P68
SUNTRUST EQUIPMENT FINANCE &
LEASING CORP..
Lessor
Name:
Title:
`1114:0()-ESC STB. WC m 01 12111
PAGE TO BE REPLACED BY UCC FINANCING STATEMENT
P69
SCHEDULE A TO FINANCING STATEMENT OF
THE SCHOOL BOARD OF THE COUNTY OF PITTSYLVANIA, VA, AS DEBTOR. AND
SUNTRUST EQUIPMENT FINANCE & LEASING CORP., AS SECURED PARTY
Continuation of Collateral Description
The financing statement to which this Schedule A is attached covers the types of property described on the face of such
financing statement and all of the Debtor's right, title and interest in and to (collectively. the "Collateral "):
(8) New 2015 Thomas Built Buses. Vin's TBD
(a) the equipment described in Equipment Schedule No. 04 dated as of July 15. 2014 (the "Equipment Schedule ") to the
Master Lease Agreement dated as of May 25, 2005 (the "Agreement," and together with the Equipment Schedule. the 'lease ")
between Debtor, as lessee, and Secured Party, as lessor, as such Lease may be amended, modified or supplemented from time to time
together with all of Debtor's right, title and interest in and to the Equipment Acquisition Fund established in Debtor's name at
SUNTRUST BANK ( "Escrow Agent ") pursuant to the Escrow Agreement dated as of July 15. 2014 (the "Escrow Agreement") among
Debtor, Secured Party and Escrow Agent:
(b) to the extent not included in the foregoing, all books, ledgers and records and all computer programs, tapes, discs. punch
cards, data processing software, transaction files. master tiles and related property and rights (including computer and peripheral
equipment) necessary or helpful in enforcing, identifying or establishing any item of Collateral: and
(c) to the extent not included in the foregoing, all repairs, replacements, substitutions and modifications and all proceeds and
products of any or all of the foregoing, whether existing on the date hereof or arising hereafter.
r `114'BQ) FSr $T8 NN'ro n' 11 -d
P70
Instructions for Form 8038 -G rao i°tanalRevenueServi e (Rev. September 2012)
(Use with the September 2011 revision of Form 8038 -G.)
Information Return for Tax-Exempt Governmental Obligations
Section references are to the Inlitmal Revenue
Code unless otherwise noted.
General Instructions
Purpose of Form
Form 8038 -G is used by issuers of
tax-exempt governmental obligations to
provide the IRS with the information
required by section 149(e) and to monitor
the requirements of sections 141 through
150.
Who Must File
IF the loam price
THEN, for tax<xempl
pine 21, column (b))
governmental
Is...
obligations issued after
December 31,1989,
Issuers moat file...
S100,000orniore
A saparate Form 8038 -G
for each issue
Lass than $100.000 Fonn 8038 -GC.
Information Return for
Srnalf Tax - Exempt
Govermmernal Bond
Issues. Leases. and
Installment Sales
Forall build America bonds and
1 recovery zone economic
development bonds use Form
8038 -B. Information Return for Build
America Bonds and Recovery Zone
Economic Development Bonds. For tax
credit bonds and specified tax credit
bonds use Form 8038 -TC, Information
Return for Tax Credit Bonds and Specified
Tax Credit Bonds,
When To File
File Form 8038 -G on or before the 15th
day of the 2nd calendar month after the
close of the calendar quarter in which the
bond is issued. Form 8038 -G may not be
filed before the issue date and must be
completed based on the facts as of the
issue date.
Late filing. An issuer may be granted an
extension of time to file Form 8038 -G
under Section 3 of Rev. Proc. 2002 -48,
2002.37 LA.B. 531, if it is determined that
the failure to file timely is not due to willful
neglect. Type or print at the top of the form
"Request for Relief under section 3 of Rev.
Proc. 2002 -48" and attach a letter
explaining why Form 8038 -G was not
submitted to the IRS on time. Also indicate
whether the bond issue in question is
under examination by the IRS. Do not
Aug 10, 2012
submit copies of the trust indenture or
other bond documents. See Where To File
next.
Where To File
File Form 8038 -G, and any attachments,
with the Department of the Treasury,
Internal Revenue Service Center, Ogden,
UT 84201.
Private delivery services. You can use
certain private delivery services
designated by the IRS to meet the "timely
mailing as timely filing/paying" rule for tax
returns and payments. These private
delivery services include only the
following:
• DHL Express (DHL): DHL Same Day
Service.
• Federal Express (FedEx): FedEx
Priority Overnight, FedEx Standard
Overnight, FedEx 2Day, FedEx
International Priority, and FedEx
International First.
• United Parcel Service (UPS): UPS Next
Day Air, UPS Next Day Air Saver. UPS
2nd Day Air, UPS 2nd Day Air A.M., UPS
Worldwide Express Plus, and UPS
Worldwide Express.
The private delivery service can tell you
how to get written proof of the mailing
date.
Other Forms That May Be
Required
For rebating arbitrage (or paying a penalty
in lieu of arbitrage rebate) to the Federal
government, use Form 8038 -T. Arbitrage
Rebate. Yield Reduction and Penalty in
Lieu of Arbitrage Rebate.
For private activity bonds, use Form
8038, Information Return for Tax - Exempt
Private Activity Bond Issues.
For build America bonds (Direct Pay),
build America bonds (Tax Credit), and
recovery zone economic development
bonds, complete Form 8038 -B,
Information Return for Build America
Bonds and Recovery Zone Economic
Development Bonds.
For qualified forestry conservation
bonds, new clean renewable energy
bonds, qualified energy conservation
bonds, qualified zone academy bonds,
qualified school construction bonds, clean
renewable energy bonds, and all other
qualified tax credit bonds (except build
America bonds), file Form 8038 -TC,
Cat. No. 63774D
P71
Information Return for Tax Credit Bonds
and Specified Tax Credit Bonds.
Rounding to Whole Dollars
You may show amounts on this return as
whole dollars. To do so, drop amounts
less than 50 cents and increase amounts
from 50 cents through 99 cents to the next
higher dollar.
Questions on Filing Form
8038 -G
For specific questions on how to file Form
8038 -G send an email to the IRS at
TaxEremptBorldOuestlona ®Ira.gov
and put "Form 8038 -G Ouestion" in the
subject line. In the email include a
description of your question, a return email
address, the name of a contact person,
and a telephone number.
Definitions
Tax - exempt obligation. This is any
obligation, including a bond, installment
purchase agreement, or financial lease, on
which the interest is excluded from income
under section 103.
Tax - exempt governmental obligation.
A tax - exempt obligation that is not a
private activity bond (see next) is a
tax- exempt governmental obligation. This
includes a bond issued by a qualified
volunteer fire department under section
150(e).
Private activity bond. This includes an
obligation issued as part of an issue in
which:
e More than 10% of the proceeds are to
be used for any private activity business
use. and
e More than 10% of the payment of
principal or interest of the issue is either
(a) secured by an interest in property to be
used for a private business use (or
payments for such property) or (b) to be
derived from payments for property (or
borrowed money) used for a private
business use.
It also includes a bond, the proceeds of
which (a) are to be used directly or
indirectly to make or finance loans (other
than bans described in section 141(c)(2))
to persons other than governmental units
and (b) exceeds the lesser of 5% of the
proceeds or $5 million.
Issue price. The issue price of
obligations is generally determined under
Regulations section 1.148.1(b). Thus,
Flom 8038 -G I Information Return for Tax - Exempt Governmental Obligations
(Rev. September 2011) ►Under Internal Revemle Code section 149(1)
►See separate instructions. OMB No. 1545 -0720
Depenment of e a rolasury Caution: 8 the issue
Internal Revenue Seance price is under $100.000, use form 8038 -GC.
1 Issuer's name 2 Issuer's employer identhh- h- number (EIN)
The School Board of the County of outevivania. ve
3a Name of person ether than issuer) with whwn the IRS may communicate about ties return tan, inetruceon3)
3b Telephone number of other peson shown on 3a
Tracey R. Worley, Director of Finance
434. 432.2761, ext 5024
4 Number and street (w P.O. box it mail a rat deevered W street address)
Room /alone
5 Report number IFw IRS Use 0rdy)
P.O. Box 232
131 1
6 City. town, or post o6ios. state, and ZIP code
7 Date W issue
Chatham. VA 24557
0711512014
a Name al issue
9 CUSIP number
Master Lease Agreement No, 03370, Schedule No. 04
WA
102 Name and title of officer or other employee of the issuer whom ale IRS may call for mwe wdermatipn Ilea
10b Telephone number M officer or otlw
instructors)
employee shown on loa
James E. McDaniel, Superintendent
434 -432 -2761, ext 5001
T of Issue enter the Issue price . See the instructions and attach schedule.
11 Education . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . .
11
12 Health and hospital . . . . . . . . . . . . . . .
. . . .
12
13 Transportation . . . . . . . . . . . . . . . . . . . . . . .
. . . .
13
672,610
00
14 Public safety . . . . . . . . . . . . . . . . . . . . . . . . .
. . . .
14
15 Environment (including sewage bonds) - . . . , .
15
18 Housing . . . . . . . . . . . . . . . . . . . . . . .
. . .
18
17 Utilities . . . . . . . . . . . . . . . . . . . . . . . . . .
. . .
17
18 Other. Describe ►
18
19 If obligations are TANS or RANs, check only box 19a
► ❑
If obligations are BANs, check only box 19b . . . . . . . . . . . . . .
. . ► ❑
20 If obligations are in the form of a lease or installment sale, check box . . . . . .
. . ► ❑
,
Description of Obligations. Complete for the entire issue for which this form is bein filed.
(a) Final maturity date
all Issue price
(c) Slated redemption
(a Weighted
(N yield
price al maturity
average maturity
21
0711512018
672,610A0
WAI
3 yews 1
1.18
vova vn wrw lawn timivam unaerwrlleB' alacouM)
22 Proceeds used for accrued interest . . . . . . . . . . . . . . . . . . . . . 22
23 Issue price of entire Issue (enter amount from line 21, column (b)) . . . . 23
24 Proceeds used for bond issuance costs (including underwriters' discount) . t
28 Proceeds used for credit enhancement . . . . . . . . .
28 Proceeds allocated to reasonably required reserve or replacement fund
27 Proceeds used to currently refund prior issues . . . . . . . . .
28 Proceeds used to advance refund prior issues . . . . . . . . .
29 Total (add lines 24 through 28) . . . . . . . . . . . . . . . 29
30 Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount herel . . . vh
31 Enter the remaining weighted average maturity of the bonds to be currently refunded . . . . ► years
32 Enter the remaining weighted average maturity of the bonds to be advance refunded . . . . ► years
33 Enter the last date on which the refunded bonds will be called (MM/DD/YYYY) . . . . . . ►
34 Enter the date(sl the refunelwfi hnnAe wmn ► ,,,,,,,,,,,,,,,,,,,,
Act Notice, see separate instructions.
P72
Cal. No. 637735
Mini. 9 -2011)
Fain 8038 -G (Rev. 9-2811)
Page .2
LIM
Miscellaneous
35
Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) . . . . 35
36a
Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract
(GIC) (see instructions) . . . . . . . . . . . . . . . . . . . . . . . . 36a
b
Enter the final maturity date of the GIC►
C
Enter the name of the GIC provider 0-
37
Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans
to other governmental units . . . . . . . . . . . . . . . . . . . . . . . . 37
38a
If this issue is a loan made from the proceeds of another tax- exempt issue, check box ► ❑ and enter the following Information:
b
Enter the date of the master pool obligation►
C
Enter the EIN of the issuer of the master pool obligation ►
d
Enter the name of the issuer of the master pool obligation No
39
If the issuer has designated the issue under section 265(b)(9)(B)(IXIII) (small issuer exception), check box . . . . ►
❑
40
If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box . . . . . . . . . . . . . ►
❑
41a
If the Issuer has identified a hedge, check here ► ❑ and enter the following information:
b
Name of hedge provider b,
c
Type of hedge ►
d
Term of hedge ►
42
If the issuer has superintegrated the hedge, check box . . . . . . . . . . . . . . . . . . . . . ►
❑
43
If the issuer has established written procedures to ensure that all nonqualified bonds of this issue are remediated
according to the requirements under the Code and Regulations (see instructions), check box . . . . . . . . ►
❑
44
If the issuer has established written procedures to monitor the requirements of section 148, check box . . . . . ►
❑
45a
If some portion of the proceeds was used to reimburse expenditures, check here ► ❑ and enter the amount
of reimbursement . . . . . . . . . ►
b
Enter the date the official intent was adopted ►
Under peneloes of penury, I declare that I have ssann ned she return and accompanying Uhedules and statements. and to the hest of my knowledge
Signature and bel ef, they are true, ccttecl, and Maws. I runner declare that I conserx to the IRS's disclosure of the issuer's return information, as necessary to
and process thi/s� / urn, too rson t eve authorized above. —7 �j
Consent ' / 6 � / —% �i ' Jemes E. McDaniel, Syterirtendem
Slgnat re of asuei s authooze mprese tease Date Type or print rams and title
Paid Prinviype piepare, s name arer's signature oats C] it PTIN
Chepk
Preparer eer- empGrad
Use Only Fun's name ► Firm's EIN ►
Form alidil -(9 (Rev. 9 -2011)
P73
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE: AGENDA DATE:
Virginia Department of Transportation (VDOT)
Revenue Sharing Application and Resolution — Town 10 -21 -2014
of Chatham
SUBJECT/PROPOSAL/REQUEST:
VDOT Revenue Sharing Project
STAFF CONTACT(S):
Clarence Monday; Greg Sides
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
Yes
REVIEWED BY:
ITEM NUMBER:
10
INFORMATION:
INFORMATION:
BACKGROUND:
The Town of Chatham has applied for Revenue Sharing Project funds through the VDOT Fiscal Year 2015 -2016
Revenue Sharing Program. (See attached application). This application is requesting an allocation of Revenue
Sharing funds up to $35,000.00, and the Town of Chatham intends to provide up to $35,000.00 as its match of
funds. The application's project is for the repair and replacement of broken or damaged sidewalks along Main
Street in the downtown area of the Town. Council for the Town of Chatham has already voted to support their
match of funds for the Revenue Sharing request from VDOT. (See attached.)
According to VDOT, the Town of Chatham cannot apply directly for Revenue Sharing. The Revenue Sharing
Program project identified in the application would have to be administered by Pittsylvania County. Staff has
attached a resolution for the Board of Supervisors to approve, supporting this project and the submission of the
application on behalf of the Town of Chatham.
RECOMMENDATION:
Staff recommends the Board of Supervisors approve Resolution 2014 -10 -07 and authorize the County
Administrator to sign all necessary documentation.
P74
Vittgplbauia Countp 38oarb of �&uperbioors
RESOLUTION
2014 -10 -07
At the adjourned meeting of the Pittsylvania County Board of Supervisors held in the General
District Courtroom in Chatham, Virginia on October 21, 2014, on a motion by
, seconded by ,
the following resolution was adopted by a vote of to
WHEREAS, The Virginia Department of Transportation Revenue Sharing Program
states that Towns not maintaining their own streets may not directly apply for Revenue Sharing
Funds, but may include their request as part of a package submitted by the County in which they
are located; and
WHEREAS, the Pittsylvania County Board of Supervisors desires to submit an
application for an allocation of funds of up to $35,000.00 through the Virginia Department of
Transportation Fiscal Year 2015 -2016 Revenue Sharing Program, on behalf of the Town of
Chatham; and
WHEREAS, the Chatham Town Council has committed to provide up to $35,000.00 as
its local match of these funds requested to repair and replace sidewalks in the downtown area;
then
NOW, BE IT HEREBY RESOLVED, that the Board of Supervisors of Pittsylvania
County hereby supports this application on behalf of the Town of Chatham for an allocation of
up to $35,000.00 through the Virginia Department of Transportation Revenue Sharing Program,
with the understanding that the required matching funds will be provided by the Chatham Town
Council; and
BE IT FURTHER RESOLVED, that the Board of Supervisors of Pittsylvania County
authorizes the County Administrator to execute the project application agreements for the
approved revenue sharing project, with the understanding that the Chatham Town Manager or
Chatham Clerk of Council will provide all necessary project administration agreements and
documentation to the County Administrator.
Adopted this 21 st day of October, 2014.
Jessie L. Barksdale, Chairman
Pittsylvania County Board of Supervisors
Clarence C. Monday, County Administrator /Clerk
Pittsylvania County Board of Supervisors
P75
REVENUE SHARING DETAILED APPLICATION FOR FUNDS
SEPARATE APPLICATION REQUIRED FOR EACH PROJECT TO BE CONSIDERED
FY: 2015 -16 County of >Pittsylvania County District: Lynchburg
# of Applications Locality is submitting: 1
PLEASE NOTE: Projects receiving funding under this program are to be initiated and a portion of the Revenue Sharing funds
expended within one year of the allocation.
PROJECT INFORMATION (Please TAB from field to field)
Locality's Priority #: 1 Route #: 29 BUS and local road name, if available: Main Street
State Project Number: UPC #:
If Type of Project is "Maintenance ", has appropriate analysis been provided confirming
Type of Project: Maintenance the pavement or structure is below VDOT maintenance performance targets? Yes
If Type of Project is "Construction ", will the requested funds accelerate advertisement of
the project that is already in the Six -Year improvement Plan or in the locality's capital plan? >select<
If this is a Construction project AND the advertisement date will be accelerated, please fill in dates below:
Current Advertisement Date:
Scope of Work: Sidewalk
Description of Work/Scope: Repair and/or replace broken and dan
From: Route 1406, Center Street
Length: (miles)
Advanced Advertisement Date:
east and
To: Route 57, Depot Street
Is this project in another locality? Yes If yes, please identify the locality and reason for request on the line below.
Project is in the Town of Chatham Coun is applying because the Town is not eligible
PROJECT ESTIMATES lease TAB from field to field
PHASE
*Total Estimated Project Cost
Sections below pertain to Reve5'un rtion only:
* *Estimated Eligible
** *Estimated
imbursementProject
Costs
VDOT Project
li
PE
$0
$0
$
0
RW
$0
$0
$
0
CN
$ 70,000
$ 0
$
0
TOTAL
$ 0
$ 0
$
0
!rlll. /J /Gl\lS// rrcvr cw — f`lease answer on each line corresponding j
to each base or this project below
Please note that indicating any phase of project work to be administered by the locality and reimbursed using Revenue Sharing Program funding
constitutes a "Local[ Administered Project". Submission of this a lication represents the locality's o
's re uest to administer the 'ect work.
PE Phase: >select one<
RW Phase: >select one<
CN Phase: Yes; Reimbursement will be Re guested
�Jrc i rrwfrtNuldh r1vrvKffA11U1y (Please TAB from field to field)
VDOT Revenue Sharing matching funds UP TO $1M requested for CONSTRUCTION project FY 2014: $ 0
VDOT Revenue Sharing matching funds OVER $IM requested for CONSTRUCTION project FY 2014: $ 0
VDOT Revenue Sharing matching funds UP TO $IM requested for MAINTENANCE project FY 2015: $ 35,000
VDOT Revenue Sharing matching funds OVER $1 M requested for MAINTENANCE project FY 2014: $ 0
VDOT Revenue Sharing matching TOTAL request (this application) (right click on "W' to are right & "Update Field" for total) $ 0
Note: CONSTRUCTION projects total or combined CONSTRUCTION & MAINTENANCE projects total requested must not
exceed $IOM; Also, MAINTENANCE projects total requested must not exceed $5M
$0
Project has previously received Revenue Sharing state funds: No If Yes, FY(s): Totaling: $ 35,000
Total of other State / Federal / Local funds (enter amount to the right): $ 0
List types of other funds: $35,000 in local matching funds from Town of Chatham
Total funding to be programmed on Project (should equal total estimated cost above): (right click on "$0" & `Update Field" for total)
COMMENTS
Submitted by: >Clarence Monday, County Administrator
Signature of Locality
Date
Reviewed by: >type in VDOT Official name & title<
Signature of VDOT Official Date
$35,000
P76 (Revised 07/18/2012)
SUMMARY OF PROJECTS - Designation of Funds Form
FY 2016 Revenue Sharing Program
Locality:
$10 million maximum allocation per locality and
no more than $5 million of that amount may be allocated to maintenance projects
CONSTRUCTION FUNDS BEING REQUESTED:
Locality's
Priority
Route it
Road Name
Requested State Match
up to $1M for
Construction
Requested State
Match Over $1M for
Construction
TOTAL CONSTRUCTION
FUNDS REQUESTED FOR
PROJECT
1
29 BUS
Main Street
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
TOTAL MAINTENANCE FUNDS REQUESTED:
$35,0001
$0
$35,000
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
TOTAL CONSTRUCTION FUNDS REQUESTED:
$0
$0
$0
MAINTENANCE FUNDS BEING REQUESTED: (cannot exceed $5 million and is part of total $10M)
Locality's
Priority
Route tt
Road Name
Requested State Match
up to $1M for
Maintenance
Requested State
Match Over $1M for
Maintenance
TOTAL MAINTENANCE
FUNDS REQUESTED FOR
PROJECT
1
29 BUS
Main Street
$35,000
$0
$35,000
$0
$0
$0
$0
$0
$0
$0
$0
$0
TOTAL MAINTENANCE FUNDS REQUESTED:
$35,0001
$0
$35,000
GRAND TOTAL OF ALL FUNDS REQUESTED: - $35,000 $0 $35,000
Locality Representative Date Submitted
Revised: 6/23/2012
P77
VDOT Representative Date Reviewed
Revised: 6/23/2012
P78
ANTICIPATED FUTURE YEAR REVENUE SHARING FUNDING REQUESTS
YEAR
CONSTRUCTION
MAINTENANCE
TOTAL REQUESTED
YR2
2016
$35,000
$35,000
YR3
YR4
YRS
YR6
TOTALS:
If known, please identify the specific projects you currently anticipate requesting funding for in future years
below:
YEAR
Route /Road Name
Existing Project
(Yes or No)
Brief Scope of Work
(example - widening,
intersection improvement,
drainage, etc.)
2016
Route 29 Main Street
No
Sidewalk replacement
This information is for informational purposes and is non - binding. It has been requested to assist VDOT staff
with long range planning and budgeting.
Failure to provide this information does not prevent you from applying for funding in the future.
P79
2
The Town of Chatham is seeking funding from VDOT through the revenue sharing
Program to make repairs and replace sidewalks in the downtown area. I was
informed by VDOT that a request for this would need to come through the County
rather than the through the Town. At the regular scheduled meeting on October 13,
2014 Council voted to budget $35,000.00 and request that VDOT match this
through their revenue sharing program. Also Council voted for me to work with
the County on submitting this application.
The Town is respectfully requesting that Pittsylvania County administer this
application as required by VDOT. Should this application be successful all funding
for this project will be paid by the Town.
Should you have any questions please don't hesitate to contact me.
Sincerely,
Edmund Giles
Town Manager
Cc: Members of Town Council
Brenda Bowman, Chatham - Blairs Board Member
Pso
Town of Chatham
16 Court Place
PO Box 370
Chatham, VA
Edmund.giles@chatham-va.gov
�RCmn�
MAYOR
ROY P. BYRD, JR.
October 15, 2014
STAFF
EDMUND GILES
70
To WN MANAGER
Clarence C. Monday, County Administrator
TIMOTHY D. HAMMELL
Pittsylvania County
CLERK/TREASURER
1 Center St.
ROBERT H. HANSON
P.O. Box 426
DIRECTOR OF PUBLIC WORKS
Chatham, VA 24531
TOWN COUNCIL
J.R. BISHOP
W.P. BLACK
C.B. CUNDIFF
Re: VDOT Revenue Sharing for Sidewalks Town of Chatham
R. B.THOMPSON
A.D. WALL
W.S. WIEBKING
Dear Mr. Monday,
The Town of Chatham is seeking funding from VDOT through the revenue sharing
Program to make repairs and replace sidewalks in the downtown area. I was
informed by VDOT that a request for this would need to come through the County
rather than the through the Town. At the regular scheduled meeting on October 13,
2014 Council voted to budget $35,000.00 and request that VDOT match this
through their revenue sharing program. Also Council voted for me to work with
the County on submitting this application.
The Town is respectfully requesting that Pittsylvania County administer this
application as required by VDOT. Should this application be successful all funding
for this project will be paid by the Town.
Should you have any questions please don't hesitate to contact me.
Sincerely,
Edmund Giles
Town Manager
Cc: Members of Town Council
Brenda Bowman, Chatham - Blairs Board Member
Pso
REPORTS FROM
MEMBERS
P81
REPORTS FROM
LEGAL COUNSEL
P82
REPORTS FROM
COUNTY
ADMINISTRATOR
P83
PITTSYLVANIA COUNTY
EXECUTIVE SUMMARY - FOR INFORMATION
I County Administrator Reports October 21, 2014
BACKGROUND:
Mr. Fred Wydner, Director of Agricultural Development, is responsible for promoting existing agricultural
operations and looking for new agricultural development opportunities to bring new jobs and income to the County.
DISCUSSION:
Mr. Wydner is working with the Agriculture Development Board to promote economic development opportunities
in the agribusiness area. On January 26 -29, 2015 the IPPE is being held in Atlanta, Georgia. Mr. Wydner will have
an opportunity to establish valuable business contacts and promote Pittsylvania County as a potential agribusiness
location. Mr. Wydner will help staff a display booth with the Virginia Department of Agriculture and Consumer
Services (VADCS) and the Virginia Agribusiness Development Officers Group (VADO). The funds for this trip are
within the current department budget.
RECOMMENDATION:
Staff supports the requested, and budgeted, out -of -state travel as consistent with assigned job duties and beneficial
to the County and is presenting this report for informational purposes.
P84
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY — FOR INFORMATION
Year 2015 Regional Comprehensive Economic Development Strategy
County Administrator Reports October 21, 2014
BACKGROUND:
Each year members of the Board of Supervisors submit a Project List to the West Piedmont Planning District for
their Regional Comprehensive Economic Development Strategy (CEDS). This is a requirement for Economic
Development Administration (EDA) funding and EDA projects. We must submit projects listing their project
priorities and their project types, along with the proposed funding including federal, state, local or other.
DISCUSSION:
Attached is the Board of Supervisor's CEDS project list from last year, which was based on a review and update of
the previous year's project list. We have included City of Danville projects for informational purposes and because
joint projects with the City of Danville have been coordinated with City /County staff to assure consistency. The
proposed list includes projects that are located throughout the County. Please note that the Priority rating is not
based on importance, but is an EDA term relating to the Planning Stage of the project. The County must submit our
2015 project list, along with a letter of endorsement, by December 31, 2014
Staff requests that the Board of Supervisors review last year's project list and offer any suggested revisions or
additions. You may contact Mr. Sides if you have any questions about listed projects. The updated project list will
come back to the Board for approval.
P85
m
d N
cn
V
QLL tn O N O N O O O N
2QO 'O N Z O t ON N a
N U -
C
Z J h N
> Y > > Y
Ewa z o 0 0 o z z o
Wg? a a a a °
0 0 0
O 0 0
0 0 0 0 0
J O O O O O O O O O
O
N O_ O r O t00 O
V O O
/ A Q O) r N O O O (h
LW
r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 000 0 0 0 0 0 0 000 0 0 0 m v m o 0
Z 00 0 0 c0 0 0 0 0 0 00 N 000 000 000 000 N m m �-O
00 O O h N O O O V am 000 OOtO 000 N N O mmr r 0
Q O O O O N f A F A O i 0 V M M- O- s T t 0 r o M
Z N N t0 N r c 1 EA 69 fA N f9 fA FA IV fA E9 f9
t^ Q fA EA (A fA FA Fry fJ3 fA f9 f9 FA f9 FA EA Fp
2U 00
UZO 0 U a UU o
Uu pU pUv WV Q
j ¢ S W Q S S co W S m O o 0 a W o W S 2 w U W «_
5 W W
N
a.
T w
E 3
O
=E" m�
o
J EO N N
w Ul L IT ¢ E T 10 _J d d W Y O W ro
W E J E O O
'E N N o `0 -OO >- °> c 3 10 N C a E Y o V m
U N N J N ro N E N u X C O co Y N J N-
Y ro v N N CO O) v a J ¢ 0` u a O !!1 «O
¢u0i J m �= >.m c
Q U 5 m °' E trot E .3 m me ?t01i
pni i0 3 ii in m °D o
m w E
m O C` C H O j O ro N N N U .O m m Y m N
U C >
a E mrnm v mo m'c
N C d C u O m Y J ° O N N O N m D m r, o m
C W c� a— N¢ w c m u O 0 ii n m m `
U a m N E J im E m U m u Jw¢ Y ro o m N o mN m . ^ > m J m C o x y
Z m o m > % a
° N m
o ° o 0 0 ¢ o om
a n N 0
E m o" . U Z m E
o v Q E Y m o u
d m a U p a N N O X 0 0 O O m O
O Z E K N N N
O O m m '^
a m 0 m 3 c
C N o
L m c m oQ f m C N J O I W L C¢ O
0 c o S jA O o m W r m W J Z 0 W N K U C Q W l
m.-
m¢
W W N oa - - -
>' Cl) Q.
Z
W d L
m y m c m m 3 G E C ro C
^/ ; g v4 a roY nn tn� `e `n c
IL m F m m .C1� m R a m
IX N
a N a a`o as EACH 33uo y" `i Qc
O LL u Om �' uo o a �� m� c .E4 oa �z W �m
°Q ° e o °c °e ='� me �vi,�a roy do '�°�� c•
U A a m° ° « m N m «� N c
Q CWU 0 °1U"O �� °1N� -0 mU' m,;
C WUU iii U oU 6ha O(i CD o CDy W aCi COO
P86
H
m
Y
N
O
O
N
U. ca
y G
O
M
d03�U
m�U
O
U
N
O
Q
?
O
y
°L)
°° to
v
-°4
D
a
z
E Gi
m
O
O
Ul
ux
=
Yl
N
C
R
v
C 1
•
Y«
'Y «
= d
5i
O U
.•° v
N
O
R�
d
ry
V
° Y
c
m W
m
J L
E K i. 'm
v '°
m
W
C
2
E a
E
m t
'
o
W m 0:
m m
0
� C
x d
OI C
rn
m`
U -°
o
E
E
m;
O
N p
o
z
Z
E
Z
Z
z
Z
Z
Z
Z
Z
W
E
C
IO �
>
17 N
10
Y Ul
❑ � C
N C
y
C
�
O—
d
a
J m
a C
C
Ul
N a> N
L O
E
O
N>
✓1 N
0
0
0
o
O
o
0
0
0
0
0
0
0
0
0
o
O
o
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
N 0.
3
U
0
0
0
0
0
0
0
0
0
O
O
O
O
O
O
N
O
O
O
O
O
0
E L
M
N
T 0
E
b d
N
y0
❑
(D j N
fA
N
69
fA
Ui
E9
fA
'«
fA
E9
fA
y
C O
N
O N
O LL'
N
N O
C N
>
N
n
C
C
00 °o
N
H 4
p
O
❑
N
t
O,
O O
7 0 10
N_
N
N C
C
E N
O
tU
L
C u
J W
O Ei
i J
j C_
h
o
0 0 0
0 0 0 0 0
0 0 0
0 0 0
o 0 0
0 o 0
0 0 0
0 0 o 0
0 0
0 0 0
0 0 0 0
0 0 0 0
2
0
0 0 0
0 0 0 0 0
0 o a
o 0 0
0 0 0
0 0 0
0 0 0
0 0 0 0
0 0
0 0 0
0 0 0 0
0 0 0 0
J
O
000
00 000
000
000
000
000
O t0 O
O �00�0
N N
000
O 000
0000
❑
N
O O O_
�
M N
N N M
M N N
�
Q
M Eli fA
fA fA fA � fA
fA fA
fA
N3 fA
fA fA
fA iA
fA (A fA t9
EA fA fA
0
W
U
w
�
J
FF
W
W
W
W J
W J
W S
W S J
j❑
U
W J
_
W
W
W
J J
J
LL U)
_
LL
C)
IX
C
E
maO
>
W
a
m
u
2
N
C
m
m
W
OI
W
OI
z
P87
m
Y
N
N
N
y G
w y G
a
d03�U
m�U
O
N
U
jq
O C C
?
O
y
°L)
°° to
v
-°4
a:
❑
E Gi
m
f c
n
cl
Ul
ux
=
a
R
v
C 1
•
Y«
'Y «
= d
5i
O U
.•° v
N
O
R�
d
ry
V
° Y
c
m W
m
2 E
E K i. 'm
v '°
m
W
2
E a
E
m t
'
o
W m 0:
m m
0
� C
x d
OI C
rn
m`
U -°
o
E
E
m;
O
N p
o
m 2
2
E
N N
zo
U O
ESL)
3
• O
auuxLL
a m
•�
xLL
Ct U
zd
E
IO �
>
17 N
10
Y Ul
❑ � C
N C
y
C
�
O—
d
a
J m
a C
C
Ul
N a> N
L O
E
O
N>
✓1 N
D)
O
y
N d
] C A N
O
N
C
N
E m
. E
E
N 0.
3
U
c
Eo
m
��
3 �3N
oau
d�
3
y
O C
O O
E L
m
'y w
T 0
E
b d
N
y0
❑
(D j N
C
t0
C Z
m 3
O
C of
Y
'«
U Y
y
C O
N
O N
O LL'
N
N O
C N
>
N
n
C
C
N
H 4
p
O
❑
N
t
O,
O O
7 0 10
N_
N
N C
C
E N
O
tU
L
C u
J W
O Ei
i J
j C_
O>
N N
N
°� O
4%
N
O 01
i
E
oa
v a
w
W`
z8
a'o
P87
m
Y
N
y G
w y G
a
d03�U
m�U
da
L c
L
y w
U
?
!^
y
°L)
°° to
v
-°4
a:
�'o•�.
E Gi
m
f c
n
cl
Q.
�Q.
ux
=
a
R
v
C 1
•
Y«
'Y «
= d
5i
Sw m
.•° v
yLL
LL
R�
N N
LZ
N C=
D o'i
G E
U C
y
vp
O
mC1
O
U
G=
>
0 O
° U
V
q
U N
0 •°•
N C
� C
D N
OI C
OI C
O� O vim. ]
D
O
N p
�. Z
t
O
U +�. O
d
N N
zo
U O
ESL)
O ry 0
cLLu
• O
auuxLL
m .�
•�
xLL
Ct U
zd
P87
m
Y
N
y G
w y G
• U
d03�U
m�U
da
y w
U
?
!^
y
j
Q G j
A W j
d GI
a:
�'o•�.
E Gi
m
S'a
n
cl
c
o o
uLL0
H
Q Q
O
O
O
O
N
N
Q
O
W
Z
p
O
c
c
V
w
w
w
c
QU
?
w
o
W a°
Z
Z
o
0
0
s
Z
Z
Z
Z
Eg
n
a
a
a
O
O
O
O
O
N
O
O
O
O
O
O
O
O
J
O
O
O
O
O
O
O
O
Q
°o
°o
o
o
iri
o
0
0
0
0
6
6
6
O
O
N
O
O
N
N
fA
N
cli
Lli
O O
0 0
O O
0 0
O O O O O
O O
O O
O N
O O O
0 0
0 0
0 0 0 0
O O O
O O O
O O O
O
O O O O O
0 0
O O
O O
O O
O W
O O O
O O
0 0
O O O O
O O O
0 0 0
O O O
O
Z
00
O
6
O
000
00
00
0000
000
000
000
O
O O
66
O O O OD
O O
6n
00
O t0
00 O
00
00
O 00 0
0 00
000
000
O
V
ON
NL O N� f,
4
V
M
00
SON
63 M
0006
0-7
000
t9 fA
fry
Q
Vf F9 f9 fA fA
-
�
f9 fA
N N
69 f9
O (O
fA f9
M G
fA FA
N N
fA fA
z
V N M �--
fA f9 fA fA
.-
f9 E9 fA
fA fA W
2U
LL O j Q H j p W J J K ¢ o O a O D m u Q O U J N Q
J Q o w v u S W a w J S j V > Q
7 w W
>
`m
c 'o o.
0
O
° c c
E t6 Vl r U N C O N N
IL E
w O U w L s
Z Ul > YO N 0) O U) C O y 10
E m m E 5 m u m ° y °" r
a c
c w y o U L n .'�.
o u 5 w E
ZO m`
c > m tq ° �° o� o o 0 c � m
Z
.
Q. U �
0 O
a ao > mE v� c O
U J 0 w E
W N X O °U
'
O m e U
f/)
a O w w N m 0 N U U) w w E D >
° E N C LL O E Q a O v w >
8°
w0 (n
E ° 0 m o n
o w N
°5
EZ5 w °o o >; m vw w w w 3 m i¢ n wu 0 yl E w m m � m 0 w y o c f ° O o o } 0 t 1 > � m w 0 u
F irvm d M m t m m > a¢ E
v E w 0 E m N U
E 0-6
cm m a >
w UU E E >0 m U) 0 Re Uc `o
�20 0E 0
W` _
Cc C
a
Y
w d
CL `o
IL « 4 ry
a
m v e w U t o L w c o o m
Ev
G a
W C a O A E
CL d L• �� V j °,0
i Ss a'S ES a waS wm•� YN EEU oU w
Ue cue 2 caw
o >ce >aa
� m ovm a
x O v
aii zv ai3d CimGiS yE yuo « nUO yv zxmm uax" LL 3E :c ¢a w
P88
d pl ••�
Q rn ~
100 'v 1° R c Z i a mcEQ>
> (p L
U
yLLwb
O 0 '0 0 I Ul �
i g Z Z O. Z a° a° R T T T T T m
0 0 0 0 o O o 0 0
o° o0 0 °o 00 °o
J E
O o O R O o O O O o
~ N3 N� i9 fA f9 f9 fA O t
@ c D
O O 0 0 0 0 0 0 0 0 0 O O O O 0 o O O O O o 0 0 0 o o t� E n o
O O 0 0 0 0 O O O O O O O O O 0 0 0 0
00 O O 0 ID _
h 00 0000 00 o o 0 00 00 00 00 00 O O O O 3 j c o g' p
Q 0
Z O O O O O O O O O O O 0 6 O W 66 0 0 O O 0 0 do $¢ m c 5 -y d t O
M N 0000 000 O O 00 N O) O O 1010 O O 00 O O > L° >
Q �W OW-M 00000 N N �b3 N N 100 00 Q 0 a¢ F" x p d¢ 0
O O .` d
�fA tAH<AHVi <A to �� b9� �»w `o Emn o�m$E
E m I, n 00
d r E i 0 a F
E p c E nr K
2U Um
j S Lu p J > II
> J W W W W W 1 ELI O n u
LL y D > c o¢ x o a U
Z > > > > > > > > > >
m
m `m 0
m E
D m 3 D E
c E O a 2 d ti d o
d > D m m .°?dmv22
E Eo cm c 3 a n d E
mE m Z m m e w m- y g 0 a s a
0 c _0 o T m m D d u c s n o w d ¢ m e x 1. I m E d E `o -0 S c c Oc c c E D ',y-'
0O o a o c a Q °
E 1d> L
N d 0 C 0 d t' N 3 o d E U E A y i w? t' o d E m m m
o O ¢ c ° yC 1
i°_d > c > d n E
0 � U w a
O L E d m c to
I n c m ° `d 6 m EO O
o 6 o E
O o xI
O a E 0 0 = > ' c >m H o M m m C rn _ O E z G
0 Orn m cEc nl=u d E c m W ' W c "¢c In 0 Y 5 >E
o c my cv E
y o rc Ie
E d E E O
d UI Dc 8 I <I 3 U ¢ w
10 m Y 3 'iJ m m > D G m� U N z > C j 1U IU 0 ° ¢ N¢ m a
N Ua 3 Z w dw ¢' w m UH 0- 0.w DY a d 0' w F F > 3� w N
it LU
m _
Q a N N a N N a N N N
a�
C C C
A d
C O 0 } Q O
O g c 0 N O N
d d II .Ei E m 6 E RRE U' O O y
w 4 (-1 t � m C o 0 0¢ Q m y
U V R O 0 h h n d m ELL N o` a
U G D GO w om> °m`cU Drry
OI �` " m �, p It E Ie >' U '° j m 'S a 8 .4 a0i E 2 c 3
E�� Skip w e e mce m 2 ..E �0. Em=
m� m� Q 0_ 0. >cc°)¢> n
It an d 3 O 3 O Q E 0 Il m o m s
'e m O c m G m m t9 m E m �` m d N N L N d
m O m jp C m Q G O m Q m a L °n
cO O > �'. '�� mr �> 4. y�j N�j W ¢ 11 U 11 W FI-OLL II
O O j y 0 Y 04 '> w .0 wr m 11 Ur O II
aE Z' Of 3 y >. > C C l c Ice C m U Im 11 rc a a w 3
ci3a zzmy u z "o" 3v 3€ zo" is z °a ¢ ac00e.)ww 0
P89
(:
�
k�[2sI
))J \\
\) Mao
4!=
(
6: ,\
§44{)]
) \)2{
k) { {)
\)(E)
\\ }\(
CL \§
/ >
\ \ \ \ \\
0 m a 0 w m
rw
ADJOURNMENT
1391