10-18-2016 BOS Adjourned Meeting Agenda PKTBOARD PACKET
BOARD OF SUPERVISORS
ADJOURNED MEETING
October 18, 2016
1767
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PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
ADJOURNED MEETING
TUESDAY, OCTOBER 18, 2016
GENERAL DISTRICT COURTROOM
11 BANK STREET, CHATHAM, VA 24531
AGENDA
1. Call to Order — 7:00 p.m.
2. Roll Call
Barber Hagerman Blackstock Davis Scearce Warren Barksdale
3. Moment of Silence
4. Pledge of Allegiance
5. Items to be added to the Agenda
Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Second: Barber Hagerman Blackstock Davis Scearce Warren Barksdale
APPROVAL OF AGENDA
Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Second. Barber Hagerman Blackstock - Davis Scearce Warren Barksdale
HEARING OF CITIZENS
CONSENT AGENDA
6. (a) Resolution — Logan Mills; National Tractor Operator Award — Pages 12-13
(b) Resolution — Tunstall High School — Blue Ribbon Award— Pages 14-15
Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Second. Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Recipients of these Resolutions will be present to accept following approval of
the Consent Agenda due to it being a school night.
PUBLIC HEARINGS
Rezoning Cases
Case 1: S & B Associates — Tunstall Election District R-16-025
M-1, Industrial District, Light Industry to M-2, Industrial District, Heavy Industry
Open: Close:
Speakers:
Motion:
Second:
Roll Cod Vote
Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Comments:
Y N A
Barber
Hagerman
Blackstock
Sce e
Davis
Warren
Barksdale
(RoU Call Vote Yor N)
Case 2: Barbara R. Moorefield & Shere M. Mayhew — Staunton River Election District R-16-026
R-1, Residential Suburban Subdivision District & B-2, Business District, General to A-1,
Agricultural District
Open: Close:
Speakers.
Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Second. Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Roll Call Vote
Comments:
Y N A
Barber
Hagerman
Blackstock
Sceaae
Davis
Warren
Barksdale
(Rol(CaUVote Yor N)
IIHSED BUSINESS
7. Expenditure Refunds for September 2016: Motion was made by Mr. Barber, seconded
by Mr. Warren, which required a 10 -Day Layover that has now been met. Requires a
Roll Call Vote — Pages 18-21
Roll Call Vote
Comments:
Y N A
Barber
Hagerman
Blackstock
Sce e
Davis
Warren
Barksdale
(Roll Call Vote Yor N)
NEW BUSINESS
8. Workforce Investment Act (WIA) — The Harvest Foundation Grant Requires a Roll
Call Vote — Pages 23-30
Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Second: Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Roll Call Vote
Comments:
Y N A
Barber
Hagerman
Blackstock
Scearce
Davis
Warren
Barksdale
(Roll Call Vote Y or N)
9. Department of Social Services — Additional State Funds —Pages 31-32
Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Second. Barber Hagerman Blackstock Davis Scearce Warren Barksdale
10. Resolution to Amend FY2016/17 Budget following methodology amendment to
Merchant's Capital Tax Requires a Roll Call Vote — Pages 33-44
Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Second. Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Roll Call Vote
Comments:
Y N A
Barber
Hagerman
Blackstock
Scearce
Davis
Warren
Barksdale
(Roll Call Vote YorN)
11. Pittsylvania County Schools —Bus Lease —Pages 45-81
Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Second. Barber Hagerman Blackstock Davis Scearce Warren Barksdale
12. Tobacco Regional Opportunity Fund Grant (TROF) — Runk and Pratt — Page 82
Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Second. Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Roll Call Vote
Comments.
Y N A
Barber
Hagerman
Blackstock
Scearce
Davis
Warren
Barksdale
(Roll Call Vote YorN)
13. Award Construction Contract — Mt. Tabor Compactor Site — Pages 83-85
Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Second. Barber Hagerman Blackstock Davis Scearce Warren Barksdale
14. Naming Rights on County Property — Pages 86-90
Motion: Barber
Hagerman Blackstock Davis Scearce
Warren Barksdale
Second. Barber
Hagerman Blackstock Davis Scearce
Warren Barksdale
15. Virginia Association of Counties (VACo) Voting Credentials —
Pages 91-94
Motion: Barber
Hagerman Blackstock Davis Scearce
Warren Barksdale
Second. Barber
Hagerman Blackstock Davis Scearce
Warren Barksdale
16. Refund Request
— Lightower Fiber Networks II, LLC — Pages 95-98
Motion: Barber
Hagerman Blackstock Davis Scearce
Warren Barksdale
Second. Barber
Hagerman Blackstock Davis Scearce
Warren Barksdale
17. Western Virginia Emergency Medical Services (WVEMS) CouncilBoard of Directors
- Pittsylvania County Representative — Pages 100-101
Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Second. Barber Hagerman Blackstock Davis Scearce Warren Barksdale
18. Notice of Upcoming Appointments — Pages 102-103
BOARD ANNOUNCEMENTS
REPORTS FROM LEGAL COUNSEL
REPORTS FROM COUNTY ADMINISTRATOR
1. Letter from James "Mack" Doss — Page 107
CLOSED SESSION
Time Entered in Closed Session:
Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Second. Barber Hagerman Blackstock Davis Scearce Warren Barksdale
19. (a) Discussion concerning a prospective business or industry or the expansion of
an existing business or industry where no previous announcement has been
made of the business' or industry's interest in locating or expanding its
facilities in the community.
Legal Authority: Virginia Code §2.2-3711(A)(5)
Subject: Project Little Light
Purpose: Discussion of Potential Economic Development
Incentive Package
(b) Discussion concerning a prospective business or industry or the expansion of
an existing business or industry where no previous announcement has been
made of the business' or industry's interest in locating or expanding its
facilities in the community.
Legal Authority: Virginia Code §§ 2.2-3711(A)(5)
Subject: Project Emoji
Purpose: Discussion concerning a prospective business or
industry where no previous announcement has been
made of the business' or industry's interest in locating
its facilities in the community
RETURN TO OPEN SESSION
Motion to return to Open Session:
Motion: Barber
Second: Barber
Time Returned to Open Session:
Hagerman Blackstock Davis Scearce Warren Barksdale
Hagerman Blackstock Davis Scearce Warren Barksdale
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
CERTIFY CLOSED MEETING
BE IT RESOLVED that at the Meering of the Pittsylvania County Board of Supervisors on
October 18, 2016, the Board hereby certifies by a recorded vote that to the best of each board
member's knowledge only public business matters lawfully exempted from the open meeting
requirements of the Virginia Freedom of Information Act and identified in the motion authorizing the
closed meeting were heard, discussed or considered in the closed meeting. If any member believes
that there was a departure from the requirements of the Code, he shall so state prior to the vote
indicating the substance of the departure. The statement shall be recorded in the minutes of the
Board.
Vote
Tim R. Barber Yes/No
Jerry A. Hagerman Yes/No
Elton W. Blackstock Yes/No
Joe B. Davis Yes/No
Ronald S. Scearce Yes/No
Robert W. Warren Yes/No
Jessie L. Barksdale Yes/No
ADJOURNMENT
Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Second. Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Time:
TO BE ADDED
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HEARING OF
CITIZENS
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PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Resolution of Recognition: Logan Mills; 2016
National FFA Safe Tractor Operator's Contest
SUBJECUPROPOSAUREOUEST:
Resolution of Recognition
STAFF CONTACT(S):
Mr. Monday
BACKGROUND:
AGENDA DATE:
10-18-2016
ACTION:
CONSENT AGENDA:
ACTION:
Yes
ATTACHMENTS:
Resolution 2016-10-02
M
ITEM NUMBER:
6(a)
INFORMATION:
INFORMATION:
Attached hereto is Resolution 2016-10-02, recognizing Chatham High School student, Logan Mills'
achievement in winning the 2016 National FFA Safe Tractor Operator's Contest. Logan Mills will be present
at the Board's meeting to accept the resolution.
RECOMMENDATION:
Staff submits this to the Board for their review, consideration and approval.
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CONSENT
AGENDA
PH
Vittopfbania Couutp 36oarb of buperbt ori
RESOLUTION
2016-10.02
LOGAN MILLS
Winner of the 2016 Future Farmers ofAmerica
National Tractor Operator Contest
VIRGINIA: At the adjourned meeting of the Pittsylvania County Board of Supervisors held on
October 18, 2016, in the General District Courtroom of the Edwin R. Shields Courthouse
Addition, the following resolution was presented and adopted:
WHEREAS, Logan Mills, son of Robert and Cindy Mills, is a resident of the Callands
community in Pittsylvania County, and a sophomore at Chatham High School in the Future
Farmers of America (FFA) program; and
WHEREAS, on April 15, 2016 Logan Mills was named the state champion in the state FFA
Tractor Operator's Contest, earning him the opportunity to compete in the national contest held
at Big E in Massachusetts in September 2016; and;
WHEREAS, through the efforts of many months of practice and dedication, at the national
contest held in September, Logan Mills was named the 2016 FFA National Champion Tractor
Operator; and
WHEREAS, Logan Mills carries on a Mills family tradition of FFA membership, and of
winning FFA sponsored competitions. Logan Mills performed admirably throughout his
competition, bringing recognition not only to himself but to his family's tradition, his school and
its FFA Program, and to Pittsylvania County; then
BE IT RESOLVED, that the Pittsylvania County Board of Supervisors expresses its
congratulations and admiration to Logan Mills on becoming the 2016 FFA National Champion
Tractor Operator; and
BE IT FURTHER RESOLVED that a copy of this resolution be presented to Logan Mills.
Given under my hand this 18th day of October, 2016.
Jessie L. Barksdale, Chairman
Pittsylvania County Board of Supervisors
Clarence C. Monday, Clerk
Pittsylvania County Board of Supervisors
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PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Resolution of Recognition : Tunall High School
becoming BLUE RIBBON School
SUBJECT/PROPOSAL/REQUEST:
Resolution of Recognition
STAFF CONTACT(S):
Mr. Monday
BACKGROUND:
AGENDA DATE:
10-18-2016
ACTION:
CONSENT AGENDA:
ACTION:
Yes
ATTACHMENTS:
Resolution 2016-10-03
ITEM NUMBER:
6(b)
INFORMATION:
INFORMATION:
Attached hereto is Resolution 2016-10-03, recognizing Tunstall High School's achievement in becoming a
BLUE RIBBON School . Representatives from Tunstall High School will be present to accept the resolution.
RECOMMENDATION:
Staff submits this to the Board for their review, consideration and approval.
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Vittsplbauia ctCountp 38oarb of 6uperbi oo
RESOLUTION
2016-10-03
TUNSTALL HIGH SCHOOL
2016 NATIONAL BLUE RIBBON SCHOOL
VIRGINIA: At the adjourned meeting of the Pittsylvania County Board of Supervisors held on October 18,
2016, in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following resolution
was presented and adopted:
WHEREAS, Tunstall High School, located in the Tunstall Electoral District and part of the Pittsylvania County
Public Schools system, has been named as a National BLUE RIBBON School, the only school in the State of
Virginia to receive this prestigious award; and
WHEREAS, seven schools were nominated in Virginia and Tunstall High School was the only high school
selected for this honor; and;
WHEREAS, of the 329 public and private schools nationally selected as National BLUE RIBBON Schools,
only 54 recipients were high schools, making Tunstall High School's selection even more impressive; and
WHEREAS, as a BLUE RIBBON School recipient in the Exemplary High Performing Schools category,
Tunstall High School is among Virginia's highest performing schools as measured by state assessments or
nationally normed test; and
WHEREAS, this award affirms the hard work of students, educators, families, and communities in creating a
safe and welcoming place at Tunstall High School where students master challenging content, and is a symbol
of exemplary teaching and learning; and
WHEREAS, in achieving this level of educational excellence, Tunstall High School has become a shining star
of Pittsylvania County, bringing positive national recognition to our superlative educators and students, our
Tunstall community, and to our County; then
BE IT RESOLVED, that the Pittsylvania County Board of Supervisors expresses its congratulations and
admiration to Tunstall High School being named a 2016 National BLUE RIBBON School; and
BE IT FURTHER RESOLVED that a copy of this resolution be presented to representatives from Tunstall
High School.
Given under my hand this 18a' day of October, 2016.
Jessie L. Barksdale, Chairman
Pittsylvania County Board of Supervisors
Clarence C. Monday, Clerk
Pittsylvania County Board of Supervisors
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PUBLIC HEARING
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UNFINISHED
BUSINESS
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AGENDA TITLE:
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA DATE:
10-18-16
Expenditure Refunds for September 2016 -Motion ACTION:
made by Mr. Barber and seconded by Mr. Warren and Yes
has now met the 10 -day layover requirement. Requires
a roll vote.
SUBJECT/PROPOSAL/REQUEST:
Budget Amendment for expenditure refunds
STAFF CONTACT(S):
Monday, VanDerHyde
BACKGROUND:
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
Expenditures Refunds Memo
REVIEWED BY:
ITEM NUMBER:
7
INFORMATION:
INFORMATION:
DISCUSSION:
Attached is a list of expenditure refunds for the month of September 2016 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 $122,739.99 as follows: $100.00 to Clerk of Court -Copier Lease,
$232.39 to Sheriff -Subsistence & Lodging (100-4-031200-5530), $200.00 to Sheriff -Undercover Work (100-
4-031200-6024), $2,093.51 to VFD-Communication Equipment, $10,293.28 to E911 -Telephone (100-4-
035500-5230), $800.00 to Recreation -Field Maintenance (100-4-071100-6006), $1,282.00 to Library -Office
Supplies (100-4-073100-6001), $65.00 to Ag Development -Farmer's Market (100-4-082500-6014), $300.38
to WIA-Office Supplies (251-4-353661-6001), $107,373.43 to WIA-Rent (251-4-353853-6014). MOTION
MADE BY MR. BARBER AND SECONDED BY MR. WARREN AND HAS NOW MET THE 10 -DAY
LAYOVER REQUIREMENT. REQUIRES A ROLL VOTE.
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PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Expenditure Refunds for September 2016 -Requires a
motion and a 10 -day layover.
SUBJECT/PROPOSAL/REOUEST:
Budget Amendment for expenditure refunds
STAFF CONTACT(S):
BACKGROUND:
AGENDA DATE:
10-03-16
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
Expenditures Refunds Memo
REVIEWED BY: Cv`�
ITEM NUMBER:
10
INFORMATION:
INFORMATION:
Attached is a list of expenditure refunds for the month of September 2016 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 $122,739.99 as follows: $100.00 to Clerk of Court -Copier Lease,
$232.39 to Sheriff -Subsistence & Lodging (100-4-031200-5530), $200.00 to Sheriff -Undercover Work (100-
4-031200-6024), $2,093.51 to VFD-Communication Equipment, $10,293.28 to E911 -Telephone (100-4-
035500-5230), $800.00 to Recreation -Field Maintenance (100-4-071100-6006), $1,282.00 to Library -Office
Supplies (100-4-073100-6001), $65.00 to Ag Development -Farmer's Market (100-4-082500-6014), $300.38
to WIA-Office Supplies (251-4-353661-6001), $107,373.43 to WIA-Rent (251-4-353853-6014). THIS ITEM
REQUIRES A MOTION AND A 10 -DAY LAYOVER.
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Finance Department
P. O. sax 426
Chatham, Virginia 24531
VIT101i "U.
MEMO TO: Clarence C. Monday
County Administrator
r
FROM: Kim Van Der Hyde J'
Finance Director
SUBJECT: September Expenditure Refunds
DATE: September 27, 2016
Phone (434) 432-7746
Pax (434) 432-7746
Gretna/Hurt (434) 656-6211
Bachelors Heli/Miltmell (434) 747-4550
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:
100-4-021600-60051 Clerk of Court -Copier Lease 100.00
Reimbursement
100-4-031200-5530 Sheriff -Subsistence & Lodging 232.39
i Reimbursement
100-4-031200-6024 Sheriff -Undercover Work 200.00
Restitution
100-4-032200-6004
VFD-Communication Equipment
2,093.51
Reimbursement -Hurt VFD
100-4-035500-5230
E911 -Telephone
10,293.28
Reimbursement
100-4-071100-6006
Recreation -Field Maintenance
800.00
Reimbursement -Dan River Youth
Football Booster, Inc.
100-4-073100-60011
Library -Office Supplies
1,282.00
Donation
100-4-082500-6014
Ag Development -Farmer's Market
65.00
Vendor Fees (100-3-000000-189918)
251-4-353661-6001
WIA-Offiee Supplies
300.38
Reimbursement
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2514-353853-6014 WIA-Rent 107,373.43
Rent Payments (251-3-000000-150201)
TOTAL SEPTEMBER EXPENDITURE REFUNDS $122,739.94
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NEW BUSINESS
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PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Workforce Investment Act (WIA)-The Harvest
Foundation Grant- This item requires a motion and a
roll call vote.
SUBJECT/PROPOSAL/REOUEST:
Appropriation of the Harvest Foundation Grant for the
Work Force Investment Act (WIA) Fund
STAFF CONTACT(S):
BACKGROUND:
AGENDA DATE:
10-18-16
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ITEM NUMBER:
8
INFORMATION:
INFORMATION:
ATTACHMENTS:
The Harvest Foundation Grant Agreement
The Harvest Foundation Project Budget
REVIEWED BY:
DISCUSSION:
Pittsylvania County received an award notification from the Harvest Foundation to be used by the Workforce
Investment Board for a Home for the Holidays Job Grant. The total of the grant is $10,000.00 and will be
used to help promote job opportunities in the region. The monies will be used to create a website that will
not only show job opportunities but will also include cost of living calculators, links to real estate listings and
recreational activities in the area. This website will be used in advance to promote a job fair that will be held
during the holidays. A budget breakdown is also attached showing how these funds will be spent. This grant
does not require a monetary local match.
RECOMMENDATION:
Staff recommends that the Board of Supervisors approve and appropriate a total of $10,000.00 as set forth in
the attached project budget to the WIA Fund. THIS ITEM REQUIRES A MOTION AND A ROLL CALL
VOTE.
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Pick Up the Pacel
Project Budget
Organization Name: West Piedmont Workforce Inveetmen Project Thus: Home forthe Holidays Job Date: 8129/18
Budget Gtegoner
Project Detail
inlekhrdweresiiord
Harvest FB un dation
Requested Funding
(eW redeaagGm)
LHher Funding Total Projrbt
mork-own"Forad Bud'st
Balance
Staff time for employer
usual
Ferreted in-Und staff contribution
ounductoutream to identify local job:
1,50D 1,500
Staff time for event
outreach
Erimated in-kind maff contribution
develop marketing plan, Coate ads, place
ads, evaluate and irprme ad
erforrence
1,500 1,500
Subtotal Summers.
3.000 3OOD
pairs, Benefits
Staff fringe fpr employer
ouom ch
535Staff
fringe for event
mdumch
525SubtotalFM
F525
B BenBfda
450
Cemented Servioea
Website Design and
Development
To contractwHh Chani ss Web Systems
to design and develop a websaethat will
promote the available jobs in the region,
include cost Oflivingcaiculatan, links to
real estate Wines and seveatlonal
aniv0ies. The website will be promoted
In advance, as that individuals ban review
the material In advance of the adual
3,500
3,500
SOMOIal Connected S.M.
3,5003,SW
Cognomen pnal
Development
Subtotal 0Marmer6 rrel
Development
-
Crime. 0'refflon.
Subtotal M. (Sans ions
-
Program Operations
Common
Oulream will be through organic social
medh (Facelvak, event page On IS,
twitter), paid ads on soWl media, paid
weekly ad in the Bulletin (this is a listing
of the nee three shows On the Rives
.medule that runs every lhmade, on the
Cultural Calendar page), a preview, gory
in the Martinsville Bulletin the week of
the concert, eblasts to the Ans at the
Rives email list and the Roomer Walk
ran list, and we'd lie the show an
onew.Riveslbeatroolued
wevve.RoornerWalk.wm. The WPWIBalso
bas 510,BBB a month in free Google
Attitude advertising. A campaign will be
created for this sped& event.
4,580
9,000 12,580
Rominhmems
Light toad and drinks will be provided
during the networking reception
au ring bmore tike concert.
820
8 O
Concert Entry
Free admission to concert will be
provided to those that arrive during are
networking hour.
900
go0
Ries Theato Renbl
300
200
Subtotal Program
Operations
6,500
8,000 14,500
Trans oration
Sublotal Trans onetlon
Other
Sublotm 011ier
'
TOTAL
10,000
130.50 32.050
rem-uYfvenessea.'se".ID+n„mua, 10144?016
P24
the harvest foundation
September 20, 2016
Philip Wenkstern
Project Administrator
West Piedmont Workforce Investment Board
P. O. Box 4043
914 Brookdale Street
Martinsville, VA 24115
Dear Philip:
The Harvest Foundation is pleased to award a grant in the amount of $10,000 to West Piedmont
Workforce Investment Board for the program entitled Home for the Holidays.
The attached grant agreement outlines the Foundation's expectations and conditions for release of
funds under this 3 month grant for the Home for the Holidays Job Fair Program. The Foundation
reserves the right to withhold payment and/or reduce the amount of the grant award if any
requirements are not met.
The grant is subject to the terms as outlined in the enclosed Grant Agreement. Upon review and
approval, please have the appropriate authorized officials sign both copies of the Grant Agreement.
Return a signed original copy to The Harvest Foundation by October 7, 2016 and retain a signed copy
for your files.
We are very pleased to have the opportunity to support you in your efforts to make Martinsville and
Henry County the community of choice. We wish you much success and look forward to hearing from
you about your progress, challenges, and lessons learned. If you have any questions, please do not
hesitate to contact me as your program officer.
Sincerely,
DeWitt House
Senior Program Officer
fostered by t:he spirit of tho people
i alfswirth st., p7 evr. 81_83 mail % nsVIie..irgicia 24115 Lal 276.632.3329 fax 2%6.632.1878 wvnt,.theha rvesffounAation.prg
P25
Grant Agreement
This grant(s) from The Harvest Foundation to West Piedmont Workforce Investment Board (Grantee) is
solely for the purpose(s) as described in your proposal dated 9/2/16, including any subsequent approved
revisions and agreed upon outcomes and is subject to your acceptance of the conditions specified below.
This Agreement will be effective when signed by an authorized representative of your organization and o
signed original is received by The Harvest Foundation.
Request 10#
568
Grantee
West Piedmont Workforce Investment Board
Grant Terms
3Months
Grant Dates
9/30/2016 to 12/29/2016
Grant Amount
$10,000
Grant Request Title
Home for the Holidays Job Fair
Fiscal Sponsor Name
(if applicable)
Program Officer
DeWitt House
Payment Schedule
10/7/2016 $10,000.00 Scheduled
Please note that the first payment is pending receipt of the executed
Grant Agreement and any special conditions listed below. Subsequent
payments are contingent upon receipt and approval of progress and
financial reports.
Reporting Schedule
3/1/2017 Final Report including Financials
1. A data base will be created from the participants at the Home
for the Holidays Job Fair
2. A plan will be developed for the website including how to
update the information on an annual basis
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1. EXEMPT STATUS / IRS DETERMINATION
The Grantee has furnished documentation to The Harvest Foundation that confirms that the Grantee
qualifies under the Internal Revenue Code as a tax-exempt organization. The Grantee shall give
immediate notice to The Harvest Foundation of any change in such status. (If the Grantee has a fiscal
sponsor, see Section 8.)
The Harvest Foundation requests that it be promptly notified if and when there is a change in the
following:
1) Grantee's key personnel;
2) Grantee's address or contact information; and
3) Any development that significantly affects the operation of the organization.
2. EXPENDITURE OF GRANT FUNDS
This grant is solely for the purpose(s) as described in your recent proposal, including any subsequent
approved revisions and agreed upon outcomes (in the Outcomes Matrix), and this Grant Agreement.
Grant funds may not be expended for any other purpose without prior written approval by The Harvest
Foundation.
Permission to make significant changes to the approved budget (no reallocations between budget
categories or reallocations within budget categories that are greater than 5% of the total category),
must be requested in writing and The Harvest Foundation's written approval obtained before any
changes are implemented. All variance requests must be submitted through the Foundation's online
system.
Grant funds may not be used to influence or participate in public elections or lobby public officials as
outlined within the Internal Revenue Code.
The Grantee agrees to indemnify and hold harmless The Harvest Foundation for any expenses, costs or
damages it may incur as a result of the implementation of the grant.
Effective January, 1, 2009 The Harvest Foundation became a private foundation; therefore, any grant
received may be subject to restriction when determining a Grantee's public support calculation.
3. REPORTING REQUIREMENTS
In accordance with the reporting schedule listed in this Grant Agreement, the Grantee shall furnish to
The Harvest Foundation the required deliverables, reports on the progress of the grant and targeted
outcomes, including updated financials. Subsequent payments are contingent upon receipt and approval
of progress and financial reports.
The Grantee is required to use The Harvest Foundation online reporting process to complete progress
and final reports including financial reports, unless otherwise notified. A reminder will be sent four
weeks prior to the due date of all reports and will include instructions for accessing the online report.
P27
The Harvest Foundation requires that the Grantee:
• Maintain a file of all reports submitted to The Harvest Foundation;
• Provide a copy of any audited financial statements covering any portion of this grant.
• Be transparent in reporting all other forms of support and willing to demonstrate how the
project/initiative will be sustained after Foundation's funding ends.
The Grantee will provide:
• Reports, documents and any additional information as The Harvest Foundation may request;
• Reasonable access to The Harvest Foundation staff, and its representatives, during regular business
hours to files, records, accounts or personnel that are associated with this grant.
4. PUBLIC INFORMATION AND USE OF INFORMATION
The Harvest Foundation must approve any press release, poster, flyer, print ad, etc. that is being sent to
the media and/or public prior to dissemination. Also, whenever possible and appropriate, The Harvest
Foundation name and logo should be used on all program related materials including books, t -shirts, and
website. The Harvest Foundation's Director of Communications, Latala Hodges, should be consulted on
decisions related to public information and use of The Harvest Foundation logo.
The Harvest Foundation may include information regarding this grant, including the amount and
purpose of the grant, any photographs provided, the grantee logo or trademark, or other information or
materials about West Piedmont Workforce Investment Board and its activities, in the Harvest
Foundation's periodic public reports, newsletters and press releases.
5. UNEXPENDED FUNDS
Any unexpended portion of the grant shall be repaid to The Harvest Foundation within ninety (90) days
from the grant expiration date, unless an extension has been requested and approved. Any request for
an extension must include a written plan for use of the remaining funds, including the time period and a
revised budget. All variance requests must be submitted through the Foundation's online system.
6. CANCELLATION OF GRANT
The Harvest Foundation, at its sole discretion, may terminate this Agreement at any time if:
a) The Harvest Foundation is not satisfied with the quality of the Grantee's progress toward
achieving the agreed upon outcomes;
b) The Harvest Foundation is of the opinion that the Grantee is no longer capable of accomplishing
the purpose of the grant;
c) The Grantee loses nonprofit status, dissolves or fails to operate; and/or
d) The Grantee materially fails to comply with the terms and conditions of this Agreement.
If termination occurs, the Grantee shall, upon written request of The Harvest Foundation, provide to The
Harvest Foundation a full accounting of the receipt and disbursement of funds and expenditures
incurred under the grant as of the effective date of termination. Within ninety (90) days after the
written request by The Harvest Foundation, the Grantee shall remit all grant funds unexpended as of the
effective date of termination.
P28
7. LIMITATION
This Agreement contains the entire agreement between the parties with respect to the grant and
supersedes any previous oral or written understandings or agreements. It is expressly understood that
by making this grant, The Harvest Foundation has no obligation to provide other or additional support to
the Grantee for purposes of this project or any other purposes.
S. FISCAL SPONSOR (if applicable)
In addition to a Fiscal Sponsorship Agreement with the Grantee, by executing this Agreement, the Fiscal
Sponsor agrees to act as Fiscal Sponsor for the Grantee under this Agreement, and further agrees,
acknowledges, and undertakes responsibility for all representations and covenants of the Grantee under
this Agreement.
The Fiscal Sponsor agrees to indemnify and hold harmless The Harvest Foundation for any expenses,
costs or damages it may incur as a result of the implementation of the grant.
The Harvest Foundation requires the Fiscal Sponsor to provide the funded project with accurate and up-
to-date financial reports.
P29
9. ACCEPTANCE OF TERMS AND CONDITIONS
a" If of The Harvest Foundation
By:
Signature
DeWitt House
Senior Program Officer
On behalf of The Harvest Foundatio
By:
Signatu e
Allyson K. Rothrock
President
Date
QZ
Dote
The Grantee accepts the terms and conditions as set forth in the Grant Agreement, and agrees to
perform its responsibilities as specified.
Accepted on half of West Piedmont Workforce Investment Board
By:
3b SecrF Zr�lb
Signature of Authorized /Executive Director Date
Name: Lj-,:i i TU t7.{7- _ (please print)
Title: EheCU.-h u e— JI V ec:6 r
Accepted on behalf of;N�Yont Workforce Investment Board
By: ,.
/0 6,
Signature of uthorized Board Chairperson, Date
officer, or rustee
Name: x. (JV-1a�t (please print)
Title: Ckl c
P30
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Department of Social Services -Additional State Funds
SUBJECT/PROPOSAL/REOUEST:
Appropriation of additional state funds to the
Department of Social Services FY2017 budget
STAFF CONTACT(S):
BACKGROUND:
AGENDA DATE:
10-18-16
ACTION:
CONSENT AGENDA:
ACTION:
ITEM NUMBER:
9
INFORMATION:
INFORMATION:
ATTACHMENTS:
E-mail from Melody Bowler, DSS Business Manager
REVIEWED BY:
DISCUSSION:
The Department of Social Services has received notification for additional state funding in the amount of
$13,616. Attached is Social Services' budget amendment request. These funds will be used for legal
services. This additional funding does not require a local match.
RECOMMENDATION:
Staff recommends that the Board appropriate $13,616 to Social Services Department FY2017 budget (2014-
053100-3150).
P31
From: Bowler. Melody ND59
To: Kim Van Der Hyde
Subject: Additional Funds
Date: Thursday, Septernber 22, 2016 9:05:06 AM
Good Morning
The state has sent us additional funds in the amount of $13,616. 1 will pay out the full amount this
month from BL 201-4-53100-315000.
Thanks
Melody Bowler
Office Manager
Pittsylvania County Social Services
P32
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Proposed Amendment to County FYI Budget
Resolution
REQUEST:
Adopt Resolution 2016-10-01
STAFF CONTACTS:
Mr. Monday
AGENDA DATE:
10/18/16
ACTION•
Yes
ITEM NUMBER:
10
ATTACHMENTS: (3)
(1) Current FY 2017 Budget Resolution 2016-04-01
(2) Revised FY 2017 Budget Resolution 2016-09-01
(3) Proposed Resolution for Budget Resolution 2016-10-01
Revision
REVIEWED BY: 0/
BACKGROUND/DISCUSSION:
At the 9/6/16 Pittsylvania County Board of Supervisors' (`BOS") meeting, the BOS
unanimously voted to change the way the County assesses its Merchants' Capital Tax to the
following:
MERCHANTS' CAPITAL TAX
$2.75 rate (ap
ied to all below tiers; effective J uary 1, 2016
Tier 1
ITier 2 1 Tier 3
30% of original inventory cost
10% of original inventory cost 5% of original inventory cost
$1 to $1,000,000
$1,000,001 to $5,000,000 $5,000,001 to unlimited
At the 10/3/16 BOS meeting, the BOS conducted the duly advertised public hearing, as required
by Virginia Code § 15.2-1427, to begin the process of amending the County's FY 20107 Budget
Resolution (Resolution 2016-04-01), following the required seven (7) day waiting period.
RECOMMENDATION:
For the BOS'consideration. To effectuate the above, County Staff recommend the BOS adopt
Resolution 2016-10-01, attached. Roll Call Vote Required.
P33
Presented: April 4, 2016
Adopted: April 4, 2016
RESOLUTION 2016-04-01
VIRGINIA: At a regular meeting of the Pittsylvania County Board of
Supervisors on Monday, April 4, 2016 in the General District Courtroom in the Edwin R.
Shields Courthouse Addition in Chatham, Virginia, the following resolution on the
annual budget for Fiscal Year 2017 was presented and adopted.
WHEREAS, the laws of the Commonwealth of Virginia require the governing
body to prepare and approve a budget for fiscal and planning purposes, not withstanding
additional requirements for the schools, including revenues and expenditures for the
ensuing year by May 1, 2016; and
WHEREAS, the laws of the Commonwealth of Virginia control the distribution
of funds by appropriations giving the Board of Supervisors authority to set such
appropriations at such periodic basis as outlined in Section 15.2-2506 of the Code of
Virginia, being further identified in this Resolution with Exhibit A and Exhibit B; and
WHEREAS, a public hearing has been properly advertised and held on March 21,
2016, in accordance with state statute as shown by the affidavit of the publisher; then,
BE IT HEREBY RESOLVED, by the Board of Supervisors of the County of
Pittsylvania, that there be hereby adopted and appropriated a budget for Fiscal Year 2017,
the full and complete budget is contained in the document entitled:
"PITTSYLVANIA COUNTY ADOPTED BUDGET"
FISCAL YEAR 2017
JULY 1, 2016 - JUNE 30, 2017
TOTALING: $ 175,800,032
BE IT FURTHER RESOLVED, that the estimated budget total of $175,800,032
includes $16,736,709 total local effort for the Pittsylvania County Schools, and
$1,646,045 in reallocated carryovers for Industrial Development Local. Included in this
budget is an approval of supplements for employees of all five (5) Constitutional Offices.
These offices include the Sheriff, Treasurer, Commissioner of Revenue, Clerk of Courts
and Commonwealth's Attorney. Personnel costs for these offices, which include an
appropriation of local funding and compensation board funding cannot be overspent.
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BE IT STILL FURTHER RESOLVED, that the funds of the School Budget,
the Library Board, and the Welfare Board shall be expended only by order and approval
of those respective boards and that no money shall be paid out for such contemplated
expenditures unless and until there has first been made an appropriation for such
contemplated expenditures by the Board of Supervisors; and,
BE IT STILL FURTHER RESOLVED that the School Budget estimate for FY
2016-2017 be set at $91,489,633 with the local funds provided by the Board of
Supervisors set at $16,736,709 to be funded by classification as allowed by the Code of
Virginia, 1950 as amended, and the school board to report back in amounts requested to
be funded in each classification if different than shown in the approved budget.
The local funds include the following:
General Fund Local $16,736,709 (Includes $45,000 Solid Waste)
BE IT STILL FURTHER RESOLVED, that the Board of Supervisors shall
receive quarterly revenue and expenditure reports comparing receipts and expenditures to
the approved budget from the Office of the County Administrator as well as a list of
transfers approved by the County Administrator and,
BE IT STILL FURTHER RESOLVED, that the unit tax levy for the year
commencing January 1, 2016 shall be as follows:
Real Property:
Mobile Homes and Barns:
Machinery and Tools:
Contract Carrier:
$.59 per $100 of assessed value, 100%
market value
$.59 per $100 of assessed value, 100%
market value
$ 4.50 per $100 of assessed value at 10%
of original cost
$4.50 per $100 of assessed value at fair
market value
Personal Property: $8.75 per $100 of assessed value, 30% of
market value.
In accordance with the requirements set forth in Section 58.1-3524 (C) (2) and Section
58.1-3912 (E) of the Code of Virginia, as amended by Chapter 1 of the Acts of Assembly
(2004 Special Session 1) and as set forth in Item 503.E (Personal Property Tax Relief
Program) of Chapter 951 of the 2005 Acts of Assembly any qualifying vehicle sitused
within the county commencing January 1, 2016, shall receive personal property tax relief
in the following manner:
Personal use vehicles valued at $1,000 or less will be eligible for 100% tax relief;
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■ Personal use vehicles valued at $1,001 to $20,000 will be eligible for 52% tax
relief;
• Personal use vehicles valued at $20,001 or more shall only receive 52% tax relief
on the first $20,000 of value; and
■ All other vehicles which do not meet the definition of "qualifying" (business use
vehicles, farm use vehicles, motor home, etc.) will not be eligible for any of tax
relief under this program.
Generating Equipment:
$.59 per $100 of assessed value, 100% of
market value
Capital Merehant Twii 2.75 per $100 of assessed value. ,
MERCHANTS' CAPITAL TAX
2.75 rate a lied
to all below tiers; effective
Janua 1.2016
Tier 1
Tier 2
Tier 3
30% of original inventory
10% of original inventory
5% of original inventory
cost
cost
cost
$1 to $1.000.000
$1 000,001 to $5.000.000
$5.000,001 to unlimited
Consumer Utility Tax:
20% of the first $15.00 monthly for
residential users and 20% of the first
$100.00 monthly for commercial or
industrial users, except as required
for Gas and Electricity, as defined by
Chapter 6 Section 13 of the
Pittsylvania County Code 1975 as amended
AND BE IT FURTHER RESOLVED that the following fees will also be
collected by Pittsylvania County for tax year beginning January 1, 2016 and for the fiscal
year beginning on July 1, 2016:
Motor Vehicle Fee:
Building Inspection Fees:
Fire Prevention Fees:
$38.75 per vehicle, except as specified by
ordinance
These fees included in Exhibit C
These fees included in Exhibit D
AND BE IT FURTHER RESOLVED by the Pittsylvania County Board of
Supervisors that, for the fiscal year beginning on July 1, 2016, and ending on June 30,
2017, the following sections are hereby adopted.
P36
Section 1. The cost center shown on the attached table labeled Appropriations
Resolution, Exhibit A, are hereby appropriated from the designated
estimated revenues as shown on the attached table labeled
Appropriations Resolution, Exhibit A. This appropriation does
include the unappropriated surplus. Funds may be appropriated by
the Board of Supervisors as needed during FY 2017 subject to the
Board's by-laws for appropriations.
Section 2. Appropriations, in addition to those contained in this general
Appropriations Resolution, may be made by the Board of
Supervisors only if there is available in the fund unencumbered or
unappropriated sums sufficient to meet such appropriations.
Section 3. All appropriations herein authorized shall be on the basis of cost
centers for all departments and agencies excluding schools. The
regular school fund is specifically appropriated by category as
listed on Exhibit A.
Section 4. The School Board and the Social Services Board are separately
granted authority for implementation of the appropriated funds for
their respective operations. By this resolution the School Board
and the Social Services Board are authorized to approve the
transfer of any unencumbered balance or portion thereof from one
line item of expenditure to another within the same classification in
their respective funds in any amount. Transfers between
classification or funds require approval of the Board of
Supervisors.
Section 5. The County Administrator is authorized to make intra-
departmental transfers. This allows for the transfer of any
unencumbered balance or portion thereof from one line item of
expenditure to another within the same cost center for the efficient
operation of government. The County Administrator is also
authorized to make inter -departmental transfers up to $25,000.
This type of transfer allows for the transfer of any unencumbered
balance or portion thereof from one department to another. Inter-
departmental transfers in excess of $25,000 require the approval of
the Board of Supervisors.
Section 6. All outstanding encumbrances, both operating and capital, at June
30, 2016 shall be reappropriated to the FY 2017 fiscal year to the
same cost center and account for which they are encumbered in the
previous year. A report of which shall be submitted to the Board.
P37
Section 7. At the close of the fiscal year, all unencumbered appropriations
lapse for budget items other than the School Cafeteria Receipts
Fund 209, the State Restricted Seizure Fund - Sheriff 241, the
Federal Restricted Seizure Fund 242, the State Restricted Seizure
Fund — Commonwealth's Attorney 243, the Federal Restricted
Seizure Fund — Commonwealth's Attorney 244, the Animal
Friendly Plates Fund 245, the Grants Fund 250, the Work Force
Investment Act Fund 251, Law Library Fund 260, the Library
Memorial Gift Fund 265, Cash Bonds Fund 305, the County
Capital Improvements Fund 310, the Jail Inmate Management
Fund 311, the Courthouse Maintenance Fund 312, the Courthouse
Security Fund 314, the Jail Processing Fund 315, the Rural Roads
Fund 320, the Industrial Development Local Fund 325, the
Industrial Development Cyclical Fund 330, the School Bond Fund
410, the Landfill Bond Fund 415, the E911 Bond Fund 416, the
Social Services Bond Fund 420, the Debt Service Reserve Fund
425, the Bond Fund -Schools 435, the Rescue Billing Fund 530,
the Special Welfare Fund 733 and the Pittsylvania County
Employees Health Plan 734. Thus, all cancelled cash balances shall
revert back to the General Fund.
Section 8. Appropriations designated for capital projects will not lapse at the
end of the fiscal year but shall remain appropriated until the
completion of the project or until the Board of Supervisors, by
appropriate ordinance or resolution, changes or eliminates the
appropriation. Upon completion of a capital project, the County
Administrator is hereby authorized to close out the project and
transfer to the funding source any remaining balances. This section
applies to all existing appropriations for capital projects at June 30,
2016 and appropriations in the FY 2017 Budget. The County
Administrator is hereby authorized to approve construction change
orders to contracts up to $50,000.00 and approve all change order
for reduction of contracts.
Section 9. The approval of the Board of Supervisors of any grant of funds to
the County shall constitute the appropriation of both the revenue to
be received from the grant and the County's expenditure required
by the terms of the grant, if any. The appropriation of grant funds
will not lapse at the end of the fiscal year but shall remain
appropriated until completion of the project or until the Board of
Supervisors, by appropriate resolution, changes or eliminates the
appropriation. The County Administrator may increase or reduce
any grant appropriation to the level approved by the granting
agency during the fiscal year. The County Administrator may
P38
approve necessary accounting transfers between cost centers and
funds to enable the grant to be accounted for the in correct manner.
Upon completion of a grant project, the County Administrator is
authorized to close out the grant and transfer back to the funding
source any remaining balance. This section applies to
appropriations for grants outstanding at June 30, 2016 and
appropriations in the FY 2017 Budget.
Section 10.
The County Administrator may reduce revenue and expenditure
appropriations related to programs funded all or in part by the
Commonwealth of Virginia and/or the Federal Government to the
level approved by the responsible state or federal agency.
Section 11.
The County Administrator is authorized to make transfers to the
various funds for which there are transfers budgeted. The County
Administrator shall transfer funds only as needed up to amounts
budgeted or in accordance with any existing bond resolutions that
specify the matter in which transfers are to be made.
Section 12.
The Treasurer may advance monies to and from the various funds
of the County to allow maximum cash flow efficiency. The
advances must not violate County bond covenants or other legal
restrictions that would prohibit an advance.
Section 13.
All purchases with funds appropriated herein shall be made in
accordance with the County purchasing ordinance and applicable
state statutes.
Section 14. It is the intent of this resolution that funds be expended for the
purposes indicated in the budget; therefore, budgeted funds may
not be transferred from operating expenditures to capital projects
or from capital projects to operating expenses without the prior
approval from the Board of Supervisors. Also, funds may not be
transferred from one capital project to another without the prior
approval of the Board of Supervisors.
Section 15. The County Administrator is authorized, pursuant to state statute,
to issue orders and warrants for payments where funds have been
budgeted, appropriated, and where sufficient funds are available. A
warrant register shall be presented to the Board of Supervisors not
less frequently than monthly.
Section 16. Subject to the qualifications in this resolution contained, all
appropriations are declared to be maximum, conditional and
proportionate appropriations — the purpose being to make the
P39
appropriations payable in full in the amount named herein if
necessary and then only in the event the aggregate revenues
collected and available during the fiscal year for which the
appropriations are made are sufficient to pay all the appropriations
in full. Otherwise, the said appropriations shall be deemed to be
payable in such proportion as the total sum of all realized revenue
of the respective funds is to the total amount of revenue estimated
to be available in the said fiscal year by the Board of Supervisors.
Section 17. All revenue received by any agency under the control of the Board
of Supervisors or by the School Board or by the Social Services
Board not included in its estimate of revenue for the financing of
the fund budget as submitted to the Board of Supervisors may not
be expended by said agency under the control of the Board of
Supervisors or by the School Board or by the Social Services
Board without the consent of the Board of Supervisors being first
obtained. Nor may any of these agencies or boards make
expenditures, which will exceed a specific item of an
appropriation.
Section 18. Allowances out of any of the appropriations made in this resolution
by any or all county departments, bureaus or agencies under the
control of the Board of Supervisors to any of their officers and
employees for expense on account of the use of such officers and
employees of their personal automobiles in the discharge of their
official duties shall be paid at the same rate as that established by
the Internal Revenue Service and shall be subject to change from
time to time to maintain like rates.
Section 19. The County Administrator is directed to maintain eight (8) petty
cash accounts and establish any other petty cash accounts
authorized by the Board of Supervisors. The current petty cash
accounts are located in central purchasing, the landfill, building
inspections, zoning and recreation. These petty cash accounts are
maintained in accordance with Section 15.2-1229 of the Code of
Virginia as amended, 1950 with management plans as directed by
the County Auditor.
Section 20. All previous appropriation ordinances or resolutions to the extent
that they are inconsistent with the provisions of this resolution
shall be and the same are hereby repealed.
Section 21. This resolution shall be effective on July 1, 2016.
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RESOLUTION 2016-09-01
A RESOLUTION TO CHANGE COUNTY'S MERCHANTS' CAPITAL
TAX ASSESSMENT METHODOLOGY
WHEREAS, on April 4, 2016, the Pittsylvania County Board of Supervisors (the
"Board") approved Resolution 2016-04-01, adopting and appropriating a County budget for
Fiscal Year 2016, that included a tax levy for "Capital Merchant Tax" at 12.75 per $100 of
assessed value, 30% of inventory value;" and
WHEREAS, on September 6, 2016, the Board, following a duly advertised and lawfully
conducted public hearing, by an affirmative majority vote, approved the following revision to the
County's Merchants' Capital Tax assessment methodology, effective January 1, 2016:
MERCHANTS' CAPITAL TAX
$2.75 rate a
lied to all below tiers; effective J uary 1, 2016
Tier 1
Tier 2 Tier 3
30% of original inventory cost
10% of original inventory cost 5% of original inventory cost
$1 to $1,000,000
$1,000,001 to $5,000,000 $5,000,001 to unlimited
NOW THEREFORE, BE IT RESOLVED BY THE PITTSYLVANIA COUNTY
BOARD OF SUPERVISORS, that Resolution 2016-09-01 hereby amends the County's
Merchants' Capital Tax assessment methodology as described above.
Adopted this 6`h day of September, 2016.
ATTEST:
Clarence C. Monday, Clerk
Pittsylvania County Board c
APPROVED AS TO FORM:
J. Vaden Hunt, Esq.
Pittsylvania County Attorney
P41
ssielk L. Barksdale, Chair
Pittsylvania County Board of Supervisors
Vote
Jessie L. Barksdale, Chair
Ave
Elton W. Blackstock, Vice Chair
Ave
Ronald S. Scearce
Aye
Joe B. Davis
Aye
Robert W. "Bob" Warren
Aye
Jerry A. Hagerman
Nay
Tim R. Barber
Ave
Ayes 6 Naysl Abstentions 0
P42
RESOLUTION 2016-10-01
A RESOLUTION TO AMEND RESOLUTION 2016-04-01
WHEREAS, on April 4, 2016, the Pittsylvania County Board of Supervisors (the
"Board") approved Resolution 2016-04-01, adopting and appropriating a County budget for
Fiscal Year 2016, that included a tax levy for "Capital Merchant Tax" at "$2.75 per $100 of
assessed value, 30% of inventory value;" and
WHEREAS, on September 6, 2016, the Board, following a duly advertised and lawfally
conducted public hearing, by an affirmative majority vote, approved the following revision to the
County's Merchants' Capital Tax assessment methodology, effective January 1, 2016:
MERCHANTS' CAPITAL TAX
$2.75 rate (applied
to all below tiers; effective Janu
1, 2016
Tier I
Tier 2
Tier 3
30% of original inventory cost
10% of original inventory cost
5% of original inventory cost
$1 to $1,000,000
$1,000,001 to $5,000,000
$5,000,001 to unlimited
NOW THEREFORE, BE IT RESOLVED BY THE PITTSYLVANIA COUNTY
BOARD OF SUPERVISORS, that Resolution 2016-10-01 hereby amends Resolution 2016-04-
01 as described above.
Adopted this 18`h day of October, 2016.
ATTEST:
Clarence C. Monday, Clerk
Pittsylvania County Board of Supervisors
APPROVED AS TO FORM:
Vaden Hunt, Esq.
Pittsylvania County Attorney
P43
Jessie L. Barksdale, Chair
Pittsylvania County Board of Supervisors
Vote
Jessie L. Barksdale, Chair
Elton W. Blackstock, Vice Chair
Ronald S. Scearce
Joe B. Davis
Robert W. "Bob" Warren
Jerry A. Hagerman
Tim R. Barber
Ayes _ Nays Abstentions
P44
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Pittsylvania County Schools -Bus Lease
SUBJECUPROPOSAUREOUEST:
Appropriation of School Bus Lease
STAFF CONTACT(S):
AGENDA DATE:
10-18-16
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ITEM NUMBER:
11
INFORMATION:
INFORMATION:
ATTACHMENTS:
Virginia Installment Purchase Contract -Escrow Agreement
REVIEWED BY: 6v
BACKGROUND:
The Pittsylvania County School Board recently entered a lease with First Citizens Bank to purchase 10
passenger buses and 4 special needs 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 a total of 14
school buses. First Citizens Bank was the bank providing the lowest rate of 1.12%. The total amount
financed was $972,924.00 and will be financed for 3 years. The 2016 lease payment has already been
appropriated to the School Board's 2017 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 $972,924.00 to Fund 210 for the purpose of purchasing 14 school buses and have these funds
maintained by the Treasurer's Office.
P45
VIRGINIA INSTALLMENT PURCHASE CONTRACT—ESCROW
Not Exceeding $972,924 for a term of 24 months at a Bank Qualified rate of 1.12%
THIS INSTALLMENT PURCHASE CONTRACT, dated as of September 29,
2016 (the "Contract"), by and between FIRST -CITIZENS BANK & TRUST COMPANY (the
"Bank") and Pittsylvania County School Board, VIRGINIA, a body politic and corporate of the
Commonwealth of Virginia (the 'Borrower");
WITNESSETH:
WHEREAS, the Borrower is a duly and validly created, organized and existing
public body politic, duly created and existing under and by virtue of the Constitution and laws of
the Commonwealth of Virginia; and
WHEREAS, the Borrower has the power, pursuant to Section 15.2-951 of the Code
of Virginia, to enter into installment contracts to finance the purchase of personal property that
create in some or all of the property purchased a security interest to secure payment of the
purchase price; and
WHEREAS, the Bank desires to advance certain funds to enable the Borrower to
purchase the Equipment (as hereinafter defined) and the Borrower desires to obtain said advance
from the Bank and to purchase the Equipment pursuant to the terms and conditions hereinafter set
forth; and
WHEREAS, the obligation of the Borrower to make Installment Payments (as
hereinafter defined) and other payments required under Section 3 hereof, and
WHEREAS, in order to secure the obligations of the Bank hereunder, the Borrower
has requested that the Bank set aside in escrow with the Escrow Agent (as hereinafter defined),
pursuant to the terns of this Contract and the Escrow Agreement (as hereinafter defined), some or
all of the costs of the purchase of the Equipment pending its purchase; and
WHEREAS, the Bank and the Borrower each have duly authorized the execution
and delivery of this Contract.
NOW, THEREFORE, for and in consideration of the premises and of the covenants
hereinafter contained, and other valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
SECTION 1. DEFINITIONS
For purposes of this Contract, the following definitions will apply:
1.1 "Change in Deductibility" has the meaning set forth in Section 15.3.
1.2 "Date of Taxability" has the meaning set forth in Section 15.2.
1.3 "Determination of Taxability" has the meaning set forth in Section 15.2.
P46
hereunder.
1.4 "Disbursement Request" means a request made in accordance with Section 2
1.5 "Equipment" means the personal property described in Exhibit A attached
hereto.
1.6 "Escrow Agent" means First -Citizens Bank & Trust Company in its capacity
as Escrow Agent.
1.7. "Escrow Agreement" means the Escrow Agreement between the Borrower
and the Escrow Agent, dated as of the date of execution and delivery of this Contract, all of the
terms, definitions, conditions and covenants of which are incorporated herein by reference and
made a part of this Contract as if fully set forth herein.
1.8 "Escrow Fund" means that portion of the Purchase Price deposited by the
Bank with the Escrow Agent, which sum shall constitute the principal of the Escrow Fund, and
shall be held by the Escrow Agent in escrow in a separate fund and applied in accordance with the
provisions of the Escrow Agreement.
1.9 "Event of Taxability" has the meaning set forth in Section 15.2.
1.10 "Installment Payments" means those payments made by the Borrower to the
Bank as described in Section 3 of this Contract and in the Payment Schedule.
1.11 "Net Proceeds," when used with respect to any proceeds from policies of
insurance required hereunder or proceeds of any condemnation award arising out of the
condemnation of all or any portion of the Equipment, means the amount remaining after deducting
from the gross proceeds thereof all expenses (including, without limitation, attorneys' fees and
costs) incurred in the collection of such proceeds.
1.12 "Nonqualification Date" has the meaning set forth in Section 15.3.
1.13 "Payment Schedule" means the document labeled "Payment Schedule" and
attached hereto as Exhibit B and incorporated herein by reference, which describes the Borrower's
Installment Payments due hereunder.
1.14 "Purchase Price" means the amount described in Exhibit B hereto, which
will be advanced by the Bank to enable the Borrower to acquire the Equipment under the terms of
this Contract.
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SECTION 2. ADVANCE OF PURCHASE PRICE
The Bank agrees to advance the Purchase Price to the Borrower and the Borrower
agrees to borrow the Purchase Price from the Bank to be applied in accordance with the terms and
conditions of this Contract. The proceeds of the Purchase Price shall be used to purchase the
Equipment within a reasonable time following the date of this Agreement.
All requests by the Borrower for advances from the Bank shall be made at least five
(5) days prior to the requested advance, using a Disbursement Request form satisfactory to the
Bank, together with any documents and/or other items as the Bank may determine to be necessary.
The Bank may specify a requisition form substantially in the form set forth in Exhibit H attached
hereto, or some other form.
The Bank will authorize the Escrow Agent to advance some of all of the Purchase
Price from the Escrow Fund to purchase some or all of the Equipment under this Contract
following a Disbursement Request when it is deems itself assured that the Equipment to be
purchased by the funds advanced secures the funds advanced in accordance with this Contract.
SECTION 3. INSTALLMENT PAYMENTS AND OTHER PAYMENTS
3.1. Amounts and Times of Installment Payments and Other Pavments. The
Borrower shall repay the Purchase Price in installments as provided in Exhibit B to this Contract.
Each installment shall be deemed to be an Installment Payment and shall be paid in the amounts
and at the times set forth in the Payment Schedule except as provided herein. Installment
Payments shall be sufficient in the aggregate to repay the Purchase Price together with interest
thereon at a per annum rate equal to the rate per annum described in Exhibit B hereto. A portion of
each Installment Payment is interest. All payments shall be applied first to any late payment
charges or other amounts due hereunder that are neither interest nor principal, then to interest
accrued to the date of payment, and thereafter to the unpaid principal balance in inverse order of
maturity.
3.2. Place of Payments. All payments required to be made to the Bank
hereunder shall be made at the Bank's principal office or as may be otherwise directed by the Bank
or its assignee.
3.3. Late Charges. Should the Borrower fail to pay any Installment Payment or
any other sum required to be paid to the Bank within fifteen (15) days after the due date thereof,
the Borrower shall pay a late payment charge equal to four percent (4%) of the delinquent
payment.
3.4. Abatement of Installment Payments. There shall be no abatement or
reduction of the Installment Payments or other payments by the Borrower for any reason, including
but not limited to, any defense, recoupment, setoff, counterclaim, or any claim (real or contingent)
arising out of or related to the Equipment. The Borrower assumes and shall bear the entire risk of
loss and damage to the Equipment from any cause whatsoever, it being the intention of the parties
that the Installment Payments and other payments shall be made in all events unless the obligation
to make such Installment Payments and other payments is terminated as otherwise provided herein.
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3.5. Prepayment of Installment Payments. Provided the Borrower is not in
default of its obligations hereunder, it shall have the option to prepay the outstanding Installment
Payments designated as principal, in full and at any time, at a prepayment price equal to one
hundred percent (100%) of the principal balance thereof, together with accrued interest to the date
of prepayment, upon thirty (30) days prior written notice to the Bank. This pertains to each
Exhibit B under the Contract. Partial prepayments are not allowed without the Bank's permission,
which it may withhold or condition in its discretion.
SECTION 4. NATURE OF CONTRACT
This Contract is an installment purchase contract and security agreement pursuant
to Section 15.2-951 and Title 8.9A (the "Commercial Code -Secured Transactions") of the Code of
Virginia.
SECTION 5. EXHIBITS TO CONTRACT
The exhibits to this Contract are as follows:
Exhibit A: Description of the Equipment.
Exhibit B: Payment Schedule.
Exhibit C: Form of Incumbency and Authorization Certificate (to be furnished
by the Borrower to the Bank at closing).
Exhibit D: Form of Opinion Letter of Borrower's Counsel (Borrower to furnish
to the Bank at closing).
Exhibit E: Form Bank Eligibility Certificate (only applicable if first page
indicates that the tax status of this Contract is "Bank Qualified")
Exhibit F: Form of Continuous Insurance Coverage Declaration.
Exhibit G: Form of Escrow Agreement.
Exhibit H: Form of Disbursement Request.
SECTION 6. RESPONSIBILITIES AND COVENANTS OF THE BORROWER
6.1. Care and Use. The Borrower shall use the Equipment in a careful and
proper manner, in compliance with all applicable laws and regulations, and, at its sole cost and
expense, shall service, repair and maintain the Equipment so as to keep the Equipment in good
condition, repair, appearance and working order for the purposes intended, ordinary wear and tear
expected, and shall replace any part of the Equipment as may from time to time become worn out,
lost, stolen, destroyed or damaged or unfit for use. The Borrower shall use the Equipment only to
perform the Borrower's governmental and proprietary functions.
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6.2. Inspection. The Bank shall have the right upon reasonable prior notice to
the Borrower to enter into and upon the premises where the Equipment is located to inspect the
Equipment and observe its use during normal business hours.
6.3. Utilities. The Borrower shall pay, when due, all charges for utility services
used in connection with the Equipment. There shall be no abatement of the Installment Payments
on account of interruption of any such services.
6.4. Taxes. The Borrower shall pay, when due, all taxes levied by any
governmental body as a result of the Borrower's ownership, possession, or use of the Equipment or
as a direct or indirect result of the purchase of the Equipment by the Borrower.
6.5. Risk of Loss. The Borrower shall bear all risk of loss to and condemnation
of the Equipment, and no such loss or damage and no defect or unfitness or obsolescence with
respect to the Equipment shall relieve the Borrower of its obligation to make the Installment
Payments. In the event of loss or damage to or condemnation of the Equipment, the Borrower
shall either (a) continue to make the Installment Payments due hereunder and repair or replace the
Equipment, or (b) prepay in full the principal components of the outstanding Installment Payments
in accordance with Section 3.5 hereof. Said repair or replacement of the Equipment shall meet
with the satisfaction of the Bank.
6.6. Performance by the Bank of the Borrower's Responsibilities. Any
performance required of the Borrower or any payments required to be made by the Borrower may,
if not timely performed or paid, be performed or paid by the Bank, and, in that event, the Bank
shall be immediately reimbursed by the Borrower for such payments and for any costs and
expenses, legal or otherwise, associated with the payments or other performance by the Bank, with
interest thereon at a per annum rate equal to the Bank's then -announced "Prime Rate" in effect on
the last business day of the calendar month preceding the payment (but not exceeding the
maximum rate, if any, permitted by applicable law).
6.7. Financial Statements. The Borrower agrees that it will furnish the Bank at
such reasonable times as the Bank shall request current audited financial statements (including,
without limitation, the Borrower's annual budget as submitted or approved), and permit the Bank
or its agents and representatives to inspect the Borrower's books and records and make extracts
therefrom at its own expense during regular business hours and in a manner which will not disrupt
the normal business routine of the Borrower. The Borrower represents and warrants to the Bank
that all financial statements which have been delivered to the Bank fairly and accurately reflect the
Borrower's financial condition and there has been no material adverse change in the Borrower's
financial condition as reflected in the financial statements since the date thereof.
6.8. Other Responsibilities and Conditions. Simultaneously with the execution
of this Contract and prior to the advancement of any funds hereunder by the Bank, the Borrower
shall cause to be provided to the Bank the following:
(a) An Incumbency and Authorization Certificate in the form of Exhibit C
attached hereto;
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(b) An Opinion Letter of Borrower's Counsel in the form of Exhibit D attached
hereto;
(c) A certificate or other proof of insurance on the Equipment, in a form
satisfactory to the Bank;
(d) Certified copies of resolutions of the Borrower's governing body authorizing
the Borrower to enter into this Contract and carry out its terms;
hereof;
(e) Properly executed UCC financing statements as required by Section 7.1
(f) A Non -Arbitrage Certificate, in the form required by the Bank;
(g) If required by the Bank for a Contract that is indicated on the first page of
this Contract to have either a "Bank Qualified" or "Non -Bank Qualified" tax status, an Opinion
Letter from bond counsel, in form and substance and from an attorney satisfactory to the Bank,
which states that the interest on the Borrower's obligations under the Contract will not be included
in the gross income of the Bank for Federal and Virginia income tax purposes, and will not be an
item of tax preference for purposes of the Federal alternative minimum income tax;
(h) if required by the Bank for a Contract that is indicated on the first page of
this Contract to have a "Bank Qualified" tax status, an Opinion Letter from bond counsel, in form
and substance and from an attorney satisfactory to the Bank, which states that the Borrower's
obligations under the Contract are "qualified tax-exempt obligations" within the meaning of
Section 265(b)(3) of the Internal Revenue Code of 1986;
(i) A certificate from Borrower's treasurer or other finance officer
demonstrating to Bank's satisfaction that this Contract, together with all other indebtedness of the
Borrower, does not exceed (a) ten percent of the assessed valuation of the real estate subject to
taxation by Borrower, as shown by its last preceding assessment for taxes, excluding certain
classes of indebtedness not required to be included under Article VII, Section 10, of the
Constitution of Virginia, or (b) any other limits imposed upon the Borrower by charter or other
applicable law; and
0) Executed originals of any other documents and instruments required by this
Contract.
6.9. Special Tax Covenants. The Borrower covenants that: (a) it will make no
use of the monies advanced by the Bank (the "proceeds") which would cause this Contract to be an
"arbitrage bond" within the meaning of Section 148 of the Internal Revenue Code of 1986, as
amended (the "Code"), or the Treasury Regulations promulgated thereunder; (b) so long as the
Contract remains in effect, the Borrower will comply with the requirements of Section 148 of the
Code and the applicable Treasury Regulations promulgated thereunder and will not take or omit to
take any action which will cause the interest paid or payable under this Contract to be includible in
the gross income of the registered owner hereof; (c) the Equipment shall be used exclusively for
essential governmental purposes of the Borrower and no use shall be made of the proceeds or of
the Equipment, directly or indirectly, which would cause this Contract to be a "private activity
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bond" within the meaning of Section 141 of the Code; (d) no part of the payment of principal or
interest under this Contract is or shall be guaranteed, in whole or in part, by the United States or
any agency or instrumentality thereof, (e) no portion of the proceeds shall be used, directly or
indirectly, in making loans the payment of principal or interest with respect to which are to be
guaranteed, in whole or in part, by the United States or any agency or any instrumentality thereof;
(f) the Borrower shall not lease or otherwise make any of the Equipment available to any entity if
such lease or other availability would cause the interest portion of the Installment Payments to be
included in the gross income of the Bank under the Code for income tax purposes; and (g) any
earnings on the Escrow Fund remitted to the Borrower shall be applied by the Borrower to pay
capital costs for essential governmental purposes.
The Borrower shall file on or before its due date IRS Form 8038-G or 8038 GC as
applicable, and/or any other required federal or state filings, and shall furnish the Bank with
certified copies of such filings. The Borrower shall not take or omit to take any action that may
cause a loss of the federal, state or local tax-exempt status of this Contract or the interest thereon.
This Section 6.9 shall not apply if the first page of this Contract indicates that this
Contract has a "Taxable" tax status.
SECTION 7. SECURITY INTEREST; LIENS
7.1. Security Interest. The Borrower hereby grants to the Bank a security
interest in the Equipment and in any and all additions, accessions, repairs, replacements,
substitutions, and modifications to the Equipment, and all proceeds of all the foregoing, including
any insurance proceeds paid because of loss or damage to the Equipment, to the extent necessary
to secure the Borrower's payment obligations to the Bank under this Contract. The Borrower shall
execute and cause to be filed, at the Borrower's expense, financing statements and other related
documents that are reasonably necessary under Title 8.9A (the "Commercial Code -Secured
Transactions") of the Code of Virginia to perfect the above-described security interest by filing and
to maintain that security interest in perfected form. If the Equipment is or includes one or more
motor vehicles, the ownership of which is or are evidenced by a certificate of title(s), the Borrower
shall cause the Bank's lien to be properly shown on such title(s) as a first lien security interest.
The Equipment is and shall throughout the term of this Contract be and remain
personal property, regardless of whether the Equipment is now or may become in any manner
affixed or attached to real property or any building or fixtures on real property. If the Equipment is
permanently located on real property not owned in fee simple by the Borrower, the Borrower shall
obtain, if requested by the Bank, a waiver of any rights in and to the Equipment (including the
rights of levy and distraint) from the person who gives the Borrower permission to use the real
property on which the Equipment is located and from those holders of any recorded deeds of trust
on the real property on which the Equipment is located.
7.2. Liens. The Borrower shall not directly or indirectly create, incur, assume or
suffer to exist any lien, charge, security interest, encumbrance or claim on or with respect to the
Equipment (except the security interest granted to the Bank). The Borrower shall promptly, at its
own expense, take such action as may be necessary to duly discharge any such lien, security
interest, charge, encumbrance or claim if the same shall arise at any time. The Borrower shall
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P52
reimburse the Bank for any expense incurred by it in order to discharge or remove any such lien,
security interest, encumbrance or claim.
SECTION 8. INSURANCE AND UNFORESEEN LOSSES
8.1. Insurance. The Borrower shall obtain and maintain, at its expense, at all
times until termination of this Contract a primary policy of insurance covering the Equipment and
providing the insurance protection described in this Section. The Borrower shall maintain at its
own expense fire, casualty, public liability, property damage and theft insurance, and such other
insurance as required by the Bank. The Borrower shall maintain such insurance in such amounts
and with such deductibles, if any, as required by the Bank from time to time. The Equipment shall
be insured in an amount at least equal to its replacement value. All such insurance shall be
maintained with such insurance company or companies as shall be satisfactory to the Bank and
shall provide that losses shall be payable to the Bank and the Bank shall be named as an additional
insured with respect to all such insurance.
The Borrower shall deliver to the Bank the policies of insurance or duplicates
thereof or other evidence satisfactory to the Bank of such insurance coverage. Each insurer shall
agree by endorsement upon the policy or policies issued by it that (i) it will give thirty (30) days
prior written notice to the Bank of the cancellation or material modification of such policy; and
(ii) the coverage of the Bank shall not be terminated, reduced or affected in any manner regardless
of any breach or violation by the Borrower of any warranties, declarations and conditions of such
insurance. The Borrower hereby appoints the Bank as the Borrower's attorney-in-fact (i) to make
claim for, receive payment of, and execute and endorse all documents, checks or drafts received in
payment under any such insurance policies; and (ii) to make, adjust, settle or release any claims
under or relating to such insurance. The Borrower agrees to cooperate fully in all accident
insurance investigations, claims and litigation proceedings. The Borrower shall cooperate fully
with the Bank in filing any proof of loss with respect to any insurance policy described above. In
no event shall the Borrower voluntarily settle, or consent to the settlement of, any proceeding
arising out of any insurance claim with respect to the Equipment without the written consent of the
Bank.
The Bank may, but shall not be required, to permit the Borrower, in lieu of
obtaining the foregoing policies of insurance, to adopt alternative risk management programs
including, without limitation, to self -insure in whole or in part, individually or in connection with
other units of local government or other institutions, to participate in programs of captive insurance
companies, to participate with other units of local government or other institutions in mutual or
other cooperative insurance or other risk management programs, to participate in State or federal
insurance programs, to take advantage of State or federal laws now or hereafter in existence
limiting liability, or to establish or participate in other alternative risk management programs..
8.2 Loss and Damage. In the event of damage to any item of Equipment,
Borrower shall within five (5) days notify Lessor in writing of such loss or damage in all material
particulars, and within 15 days thereafter notify Lessor in writing of the course of action,
consistent with this Section 8.2, which it intends to take with respect to such lost or damaged
Equipment. Borrower shall within thirty (30) days thereafter: (and may apply the proceeds of any
insurance coverage to, either directly or by way of reimbursement):
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(a) place the damaged Equipment in good repair at Borrower's sole expense,
the adequacy of such repairs being subject to Bank's reasonable approval;
(b) replace at Borrower's sole expense the lost or damaged Equipment with
equipment having substantially similar specifications and of equal or greater value to the lost or
damaged Equipment immediately prior to the time of the loss or damage, such replacement
equipment to be subject to Bank's reasonable approval, whereupon such replacement equipment
shall be substituted on Exhibit A hereto and other related documents by appropriate endorsement
or amendment shall be executed, including documents which perfect the Bank's security interest in
the replacement Equipment; or
(c) pay Bank in cash all of the following: (i) all amounts owed by Borrower to
Bank under this Contract in the then -current Fiscal Year and (ii) the remaining principal balance
payable hereunder following such payment. Upon Bank's receipt of such payment, Borrower shall
be entitled to whatever interest Bank may have in said item, in its then condition and location,
without warranty expressed or implied.
8.3. Condemnation. Borrower shall immediately notify Bank if any
governmental authority shall institute, or shall notify Borrower of any intent to institute, any action
or proceeding for the taking of, or damages to, all or any part of the Equipment or any interest
therein under the power of eminent domain, or if there shall he any damage to the Equipment due
to governmental action, but not resulting in a taking of any portion of the Equipment. Borrower
shall file and prosecute its claims for any such awards or payments in good faith and with due
diligence and cause the same to be collected and paid over to Bank, and to the extent permitted by
law hereby irrevocably authorizes and empowers Bank, in the Borrower's name or otherwise, to
collect and receipt for any such award or payment and to file and prosecute such claims. Any
condemnation award shall be applied in the same manner as insurance proceeds as if the
Equipment was lost or damaged as further provided in this Section 8.3.
8.4 Net Proceeds. The Net Proceeds of any insurance policies or condemnation
awards shall be deposited in any Escrow Fund or, if no Escrow Fund exists, in a separate fund held
by the Bank. Unless the Borrower shall exercise its option to prepay in full the outstanding
Installment Payments under Section 8.2(c), all Net Proceeds so deposited shall be applied to the
prompt repair or replacement of the Equipment upon receipt of requisitions acceptable to the Bank
and the Borrower stating with respect to each payment to be made: (a) the requisition number;
(b) the name and address of the person, firm, or corporation to whom payment is due; (c) the
amount to be paid; and (d) that each obligation mentioned therein has been properly incurred, is a
proper charge against the Escrow Fund or the separate fund, as the case may be, and has not been
the basis of any previous withdrawal and specifying in reasonable detail the nature of the
obligation, accompanied by a bill or a statement of account for such obligation. Any repair or
replacement paid for in whole or in part out of such Net Proceeds shall be the property of the
Borrower, subject to Bank's security interest, and shall be included as part of the Equipment under
this Contract.
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Any Net Proceeds not applied to repair or replacement shall be paid first to the
Bank to the extent necessary to pay the principal portion of the remaining Installment Payments,
accrued but unpaid interest, and any other amounts due under this Contract related to the
Equipment condemned, and then the balance remaining, if any, shall be paid to the Borrower.
SECTION 9. WARRANTIES AND REPRESENTATIONS OF THE
BORROWER
The Borrower warrants and represents to the Bank (all such representations and
warranties being continuing) as follows:
(a) The Borrower is a public body politic duly created and existing under the
laws of the Commonwealth of Virginia as a political subdivision of the Commonwealth of
Virginia, and has all powers necessary to enter into the transactions contemplated by this Contract
and to carry out its obligations hereunder;
(b) This Contract, and all other documents relating hereto, have been duly and
validly authorized, approved, executed and delivered by the Borrower, and the performance by the
Borrower of its obligations under such documents has been approved and authorized, under all
laws, regulations and procedures applicable to the Borrower, including, but not limited to,
compliance with all applicable public meeting and bidding requirements, and the transactions
contemplated by this Contract and all other documents relating hereto constitute a public purpose
for which public funds may be expended pursuant to the Constitution and laws of the
Commonwealth of Virginia, and, assuming due authorization, execution and delivery hereof by the
Bank, constitute valid, legal and binding obligations of the Borrower, enforceable in accordance
with their respective terms, except as enforcement thereof may be limited by general principles of
equity or by bankruptcy, insolvency and other laws affecting the enforcement of creditors' rights
generally;
(c) No approval or consent is required from any governmental authority with
respect to the entering into or performance by the Borrower of this Contract and the transactions
contemplated hereby, or, if any such approval is required, it has been duly obtained;
(d) There is no action, suit, proceeding or investigation at law or in equity
before or by any court, public board or body pending or, to the best of the Borrower's knowledge,
threatened, against or affecting the Borrower challenging the validity or enforceability of this
Contract or any other documents relating hereto, or the performance of the Borrower's obligations
hereunder, and compliance with the provisions hereof, under the circumstances contemplated
hereby, does not and will not in any material respect conflict with, constitute on the part of the
Borrower a breach of or default under, or result in the creation of a lien or other encumbrance on
any property of the Borrower (except as contemplated herein) pursuant to any agreement or other
instrument to which the Borrower is a party, or any existing law, regulation, court order or consent
decree to which the Borrower is subject;
(e) There are no liens or encumbrances on the Equipment other than the lien
created by this Contract;
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(f) Resolutions relating to the performance by the Borrower of this Contract
and the transactions contemplated hereby have been duly adopted, are in full force and effect, and
have not been in any respect amended, modified, revoked or rescinded;
(g) The purchase of the Equipment is essential to the proper, efficient and
economical operation of the Borrower and the delivery of its service and the Equipment will
provide an essential use and permit the Borrower to carry out public functions that it is authorized
by law to perform;
(h) The security interest granted by the Borrower to the Bank in the Equipment
shall have been duly perfected and shall constitute a first lien security interest in the Equipment;
and
(i) Unless the first page of this Contract indicates that this Contract has a "Non -
Bank Qualified" or "Taxable" tax status: the Borrower has designated its obligation hereunder as a
"qualified tax-exempt obligation" within the meaning of Section 265(6)(3) of the Internal Revenue
Code. The Borrower (i) has not, does not expect to and shall not issue, directly or indirectly
through subordinate units, more than $10,000,000 of tax-exempt obligations (other than private
activity bonds) during this calendar year and (ii) has not and shall not designate during this
calendar year more than $10,000,000 of its obligations (or of its subordinate units) as "qualified
tax-exempt obligations."
SECTION 10. INDEMNIFICATION
To the extent permitted by applicable law, the Borrower hereby agrees to
indemnify, protect and save the Bank and the Escrow Agent harmless from all liability,
obligations, losses, claims, damages, actions, suits, proceedings, costs and expenses, including
attorneys' fees, arising out of, connected with, or resulting directly or indirectly from the
Equipment, including without limitation, the possession, condition or use thereof.
The indemnification arising under this Section shall continue in full force and effect
notwithstanding the payment in full of all obligations under this Contract.
SECTION 11. DISCLAIMER OF WARRANTIES
11.1. No Representations by the Bank. The Borrower acknowledges that it has
inspected the Equipment and found the Equipment to be satisfactory and acknowledges and agrees
that it has selected the Equipment based upon its own judgment and disclaims any reliance upon
any statements or representations made by the Bank with respect thereto.
11.2. Disclaimer By the Bank. THE BANK MAKES NO WARRANTIES OR
REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE CONDITION,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT
OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE
EQUIPMENT.
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SECTION 12. DEFAULT AND REMEDIES
12.1. Definition of Event of Default. The Borrower shall be deemed to be in
default hereunder upon the happening of any of the following events of default (each, an "Event of
Default"):
(a) The Borrower shall fail to make any Installment Payment or fail to pay any
other sum hereunder when due; or
(b) The Borrower shall fail to perform or observe any term, condition or
covenant of this Contract or shall breach any warranty by the Borrower herein or therein
contained; or
(c) The Borrower's governing body shall fail to budget and appropriate in its
budget for any fiscal year monies sufficient to pay all of the Installment Payments and the
reasonably estimated additional payments under this Contract coming due in the next ensuing
fiscal year or shall delete from its adopted budget any appropriation for such purposes; or
(d) Proceedings under any bankruptcy, insolvency, reorganization or similar
litigation shall be instituted by or against the Borrower, or a receiver, custodian or similar officer
shall be appointed for the Borrower or any of its property, and such proceedings or appointments
shall not be vacated or fully stayed after the institution or occurrence thereof; or
(e) Any warranty, representation or statement made by the Borrower herein or
in any other document executed or delivered in connection herewith is found to be incorrect or
misleading in any material respect on the date made; or
(f) An attachment, levy or execution of a security interest or lien is levied upon
or against the Equipment.
12.2. Remedies on Default. Upon the occurrence of any Event of Default, the
Bank may exercise any one or more of the following remedies as the Bank in its sole discretion
shall elect:
(a) Declare the entire principal amount of the Installment Payments and all
accrued interest and other charges immediately due and payable without notice or demand to the
Borrower;
(b) Proceed by appropriate court action to enforce performance by the Borrower
of the applicable covenants of this Contract or to recover for the breach thereof;
(c) Exercise all the rights and remedies of a secured party or creditor under the
Uniform Commercial Code of the Commonwealth of Virginia and the general laws of the
Commonwealth of Virginia with respect to the enforcement of the security interest granted or
reserved hereunder, including, without limitation, to the extent permitted by law, take possession
of any collateral without any court order or other process of law and without liability for entering
the premises and sell, lease, sublease or make other disposition of the same in a commercially
reasonable manner for the account of the Borrower, and apply the proceeds of any such sale, lease,
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sublease or other disposition, after deducting all costs and expenses, including court costs and
attorneys' fees, incurred with the recovery, repair, storage and other sale, lease, sublease or other
disposition costs, toward the balance due under this Contract and, thereafter, shall pay any
remaining proceeds to the Borrower;
(d) Terminate this Contract as to all or any part of the Equipment and use,
operate, lease or hold all or any part of the Equipment as the Bank in its sole discretion may
decide;
and
(e) Take possession of any proceeds of the Equipment, including Net Proceeds
(f) Terminate the Escrow Fund in accordance with the Escrow Agreement.
12.3. Further Remedies. All remedies of the Bank are cumulative and may be
exercised concurrently or separately. The exercise of any one remedy shall not be deemed an
election of such remedy or preclude the exercise of any other remedy. The Borrower agrees to pay
to the Bank all court costs and reasonable attorney fees incurred by Bank in enforcing the Bank's
rights and remedies under this Contract.
SECTION 13. ASSIGNMENT
13.1. Assignment by the Borrower. The Borrower agrees not to sell, assign, lease,
sublease, pledge or otherwise encumber or suffer a lien or encumbrance upon or against any
interest in the Equipment or this Contract (except for the lien and security interest of the Bank
therein) without the Bank's prior written consent.
13.2. Assignment by the Bank. The Bank may, at any time and from time to time,
assign all or any part of its interest in the Equipment, this Contract, the Note and/or this Deed of
Trust, including without limitation, the Bank's rights to receive the Installment Payments and any
additional payments due and to become due hereunder. Any assignment made by the Bank or any
subsequent assignee shall not purport to convey any greater interest or rights than those held by the
Bank pursuant to this Contract. The Bank or its assignees may assign or reassign either this entire
Contract or a partial interest herein. All assignments by the Bank shall be subject to the following
rules and conditions:
(a) The Bank shall send written notice of the assignment and its effective date
to the Borrower before it makes the assignment. Such notification shall be forwarded to the
Borrower at least thirty (30) days before the effective date of the assignment. The notification
shall include an executed copy of the assignment documents, shall specify the assignee's name and
address, and shall provide the Borrower with instructions for making payments after the effective
date of the assignment. The requirement of thirty (30) days notice may be waived in writing by the
Borrower.
(b) The Borrower shall not be obligated to make payments to anyone other than
the Bank until the notification specified in part (a) of this Section is received by the Borrower or
until the effective date of the assignment, whichever is later. Should the Borrower incorrectly
13
P58
make payments to the Bank after the conditions specified in the preceding sentence are met, the
Bank shall return those payments to the Borrower.
(c) When the Borrower receives the notification specified in subparagraph
(a) of this Section, it shall send written acknowledgment of the same to the Bank and shall record
the assignment on the Borrower's "records."
(d) The Bank shall require each of its assignees to (1) conform to the
notification requirements of this Section in the event of further assignments, and (2) require such
conformity from that assignee's assignees.
(e) The Borrower shall execute, at the Bank's request, notice of assignment and
other related documents that are reasonably necessary to protect the security interest in the
Equipment or in this Contract, and to maintain those security interests in perfected form.
After the giving of notice described above to the Borrower, the Borrower shall
thereafter make all payments in accordance with the notice to the assignee named therein and shall,
if so requested, acknowledge such assignment in writing, but such acknowledgment shall in no
way be deemed necessary to make the assignment effective.
13.4 Book -Entry System. This Contract and any interest herein may be
transferred only through a book entry system as prescribed by Section 149(a) of the Internal
Revenue Code of 1986 and the Regulations thereunder as the same may be amended from time to
time. During the term of this Contract, Borrower shall keep a complete and accurate record of all
assignments and other transfers in form and substance necessary to comply with Section 149(a) of
the Internal Revenue Code. Upon assignment of Bank's interest herein, Borrower will cause
written notice of such assignment to be sent to Bank and, upon receipt of such notice of
assignment, Borrower shall: (i) acknowledge the same in writing to Bank; and (ii) record the
assignment in Borrower's "book entry system" as that term is defined in Section 149(a) of the
Code. No further action will be required by Bank or Borrower to evidence the assignment.
13.5 Escrow Fund Assignment by the Bank. The Bank may freely assign all or
any part of its interest in the Escrow Fund and its duties as Escrow Agent in connection with an
assignment by the Bank of this Contract.
SECTION 14. NO FUTURE RESTRICTION ON BORROWER
No provision of this Contract shall be construed or interpreted to restrict the future
issuance of any of the Borrower's bonds or obligations payable from any class or source of the
Borrower's moneys. To the extent of any conflict between this Section and any other provision of
this Contract, this Section shall take priority.
SECTION 15. TAX-EXEMPT INTEREST
15.1. Intent of Parties. Unless the first page of this Contract indicates that this
Contract has a "Taxable" tax status, it is the intention of the parties hereto that the interest portion
of the Installment Payments paid by the Borrower to the Bank under this Contract shall be tax-
exempt under Section 103 of the Internal Revenue Code.
14
P59
15.2. Determination or Event of Taxability. If at anytime there is a
"Determination of Taxability" or "Event of Taxability," as hereinafter defined, the interest rate
under this Contract, from and after the Date of Taxability, as hereinafter defined, shall increase to
the rate which will provide to the Bank the effective yield which it would have received had there
not been a Determination of Taxability or Event of Taxability (the "Alternative Rate of Interest")
payable for such time to the Date of Taxability. In such event, the Borrower also shall be required
to pay to the Bank all amounts, if any, which may be necessary to reimburse the Bank for any
interest, penalties or other charges assessed by the Internal Revenue Service and the Virginia
Department of Taxation against the Bank by reason of the Bank's failure to include the interest
portion of the Installment Payments in its gross income for income tax purposes. Installment
Payment amounts under this Contract shall be increased as a result of the increased interest rate
and additional interest as a result of said rate increase on all previous payments shall be paid to the
Bank upon demand therefor. The Borrower shall pay to the Bank the above-mentioned Alternative
Rate of Interest notwithstanding any transfer by the Bank or payment or prepayment by the
Borrower prior to the date such Determination of Taxability was made.
An Event of Taxability shall mean any event, occurrence or situation, resulting from an
action, or failure to act, by the Borrower, the effect of which is to cause the interest portion of the
Installment Payments to be includible in the gross income of the Bank for federal income tax
purposes. A Determination of Taxability shall mean a determination that the interest portion of the
Installment Payments is included in gross income of the Bank for federal income tax purposes,
which determination shall be deemed to have been made upon the occurrence of the first to occur
of the following: (a) the date on which the Bank is advised in writing by the Commissioner or any
District Director of the Internal Revenue Service that, as a consequence of an action, or failure to
act, by the Borrower, the interest portion of the Installment Payments (hereinafter called "Interest")
is included in the gross income of the Bank for federal income tax purposes; (b) the date on which
the Borrower receives notice from the Bank that the Bank has been advised (i) in writing that the
Internal Revenue Service has issued a statutory notice of deficiency or similar notice to the Bank
which asserts, in effect, that Interest received by the Bank is included in the gross income of the
Bank for federal income tax purposes, as a result of an action, or failure to act, by the Borrower, or
(ii) by an opinion of counsel (approved by the Bank and Borrower) received by the Bank which
concludes, in effect, that Interest is included in the gross income of the Bank for federal income tax
purposes as a result of an action, or failure to act, by the Borrower; (c) the day on which the
Borrower is advised in writing by the Commissioner or any District Director of the Internal
Revenue Service that there has been issued a public or private ruling of the Internal Revenue
Service that the Interest is included in the gross income of the Bank for federal income tax
purposes as a result of an action, or failure to act, by the Borrower; or (d) the day on which the
Borrower is advised in writing by counsel to the Bank that a final determination, from which no
further right of appeal exists, has been made by a court of competent jurisdiction in the United
States of America in a proceeding with respect to which the Borrower has been given written
notice and an opportunity to participate and defend that the Interest is included in the gross income
of the Bank for federal income tax purposes, as a result of an action, or failure to act, by the
Borrower.
The Date of Taxability shall mean the first date upon which Interest is included in the gross
income of the Bank for federal income tax purposes as a result of an Event of Taxability or a
Determination of Taxability.
15
P60
This section 15.2 shall not apply if the first page of this Contract indicates that this Contract
has a "Taxable" tax status.
15.3 Bank Oualification. Unless the first page of this Contract indicate that this
Contract has a "Non -Bank Qualified" or "Taxable" tax status: If at any time there is a "Change in
Deductibility," as hereinafter defined, the interest rate payable hereunder shall increase, from and
after the "Nonqualification Date" as hereinafter defined, to the rate which will provide to the Bank
the effective yield which it would have received had there not been a Change in Deductibility. A
"Change in Deductibility" means any determination by the Internal Revenue Service or any court
of competent jurisdiction that the obligation of the Borrower hereunder is not a "qualified
tax-exempt obligation" within the meaning of Section 265(b)(3) of the Internal Revenue Code as a
result or as a consequence of (i) an action, or failure to act, by the Borrower or (ii) a breach of any
representation or warranty made by the Borrower to the Bank relating to the status of this Contract
as a qualified tax-exempt obligation as defined above (including but not limited to the
representations and warranties contained in Section 9(i) of this Contract). "Nonqualification date"
means that date that this Contract is determined not to be a "qualified tax-exempt obligation" as a
result of a Change in Deductibility.
15.4. Duty to Notify the Bank. The Borrower agrees to give prompt written
notice to the Bank upon the Borrower's receipt of any oral or written notice or information from
any source whatsoever to the effect that an Event of Taxability or a Determination of Taxability or
a Change in Deductibility has occurred.
SECTION 16. MISCELLANEOUS
16.1. Waiver. No covenant or condition of this Contract can be waived except by
the written consent of the Bank. Any failure of the Bank to require strict performance by the
Borrower or any waiver by the Bank of any terms, covenants or conditions herein shall not be
construed as a waiver of any other breach of the same or any other term, covenant or condition
herein.
16.2. Severability. If any provision in this Contract shall be held to be invalid or
unenforceable by a court of competent jurisdiction, such ruling shall not affect any other term or
provision herein, except that the invalid or unenforceable provision and the other provisions in this
Contract automatically shall be modified as minimally as possible so as to be valid and enforceable
and to effectuate the intent of the parties, provided that such modification can be made while still
preserving the intent of the parties, and the remaining terms and provisions, as modified, if
modified, shall remain binding on the parties. In the event that no such modification can be made
while still preserving the intent of the parties hereto, then the invalid or unenforceable provision
shall be stricken from this Contract, and the remaining terms, if sufficient to constitute a binding
contract, shall remain in full force and effect.
16.3. Governing Law. This Contract shall be construed, interpreted and enforced
in accordance with the laws of the Commonwealth of Virginia.
16.4. Notices. Any and all notices, requests, demands, and other communications
given under or in connection with this Contract shall be in writing and shall be deemed to have
16
P61
been given when the writing is delivered, if given or delivered by hand, overnight delivery set -vice,
or facsimile or electronic transmitter (with confirmed receipt), or three (3) days after being mailed,
or on the day it was actually received, whichever is earlier, if mailed by first class United States
mail, postage prepaid, to the mailing address, telecopy number or email addresses set forth below:
If to the Bank, address to:
First -Citizens Bank & Trust Company
FCC Mail Code: 994082
1230 Main Street
Columbia, SC 29201
Telephone for Overnight: 803-931-1721
Facsimile: 803-931-8648
Email: courtneydunlap@firsteitizens.com
Attention: Courtney Dunlap, Government Lending Coordinator
If to the Borrower, address to:
5� O.n U� tn+y BSc ho�\s
�0.rrm V A��{53j
Telephone for Overnight:
Facsimile:
Email: mark JunPS kt d VG.0 S
Attention: IVB f, r tt A ,,'o,3 e �
The Borrower or the Bank may, by notice given hereunder, designate any further or different
addresses or telecopy numbers to which subsequent demands, notices, approvals, consents,
requests or other communications shall be sent or persons to whose attention the same shall be
directed. The Bank also may give notice to the Borrower at any updated address for the Borrower
of which the Borrower gives the Bank informal notice which the Bank maintains in its records.
16.5. Section Headings. All section headings contained herein are for
convenience of reference only and are not intended to define or limit the scope of any provision of
this Contract.
16.6. Entire Contract. This Contract, together with the exhibits and attachments
hereto, which are incorporated herein by reference, constitutes the entire Contract between the
parties and this Contract shall not be modified, amended, altered or changed except by written
agreement signed by the parties.
16.7. BindingEffect. ffect. This Contract shall be binding upon and inure to the benefit
of the parties and their respective successors and assigns.
provisions.
16.8. Time. Time is of the essence of this Contract and each and all of its
17
P62
16.9. Execution in Counterparts. This Contract may be executed in any number
of counterparts, each of which shall be an original and all of which shall constitute but one and the
same instrument.
ND: 4813-2001-1310, v. I
[SIGNATURE PAGE FOLLOWS]
18
P63
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed as of the
day and year first above written.
ATTEST:
Name: Thin e t
Title: Clerk of ` k- a 801-4
[SEALI
Borrower's Address
?;+Fs yivun. w ��+� sChOOls
aIo. Sd* a�a
Cy-,C,4noLrA, \/A ort`1731
Rkvp'. 12 Sone
Pittsylvania County School Board
By:
Name: Levivin b boss
Title: C -ha: r rn n
FIRST -CITIZENS BANK & TRUST COMPANY
By:
Name: Steve Groth
Title: Senior Vice President
Bank's Address
First -Citizens & Trust Company
Attn: Courtney Dunlap
1230 Main Street
Columbia, SC 29201
[SIGNATURE PAGE TO INSTALLMENT FINANCE CONTRACT]
19
P64
EXHIBIT A
DESCRIPTION OF EOUIPMENT
Installment Purchase Contract Date: September 29, 2016
Borrower: Pittsylvania County School Board
Purchase Price: $972,924
Description and Serial Department and Purpose or Location of Equipment After
Number Function of Equipment Delivery
64 Passenger Buses
411ZABRDT2HCJD2847
4UZABRDTOHCJD2846
4UZABRDT9HCJD2845
4UZABRUVI CAD2844
4UZABRDT3HCJD2842
4UZABRDTIIICJD2841
4UZABRDT'XHCJD2840
4UZABRDT311CJD2839
4UZABRDTIliCJD2838
Special Needs Buses
4UZABPDU3JCJD2407
4UZABPDUIJCJD2406
Transportation - transport students
Transportation - transport students
Transportation - transport students
Transportation -transport students
Transportation - transport students
'Transportation - transport students
Transportation - transport students
Transportation - transport students
Transportation - transport students
Transportation - transport students
Pupil Transportation Department
Pupil Transportation Department
Pupil Transportation Department
Pupa Transportation Department
Pupa Transpornslion Department
Pupil Transportation Department
Pupil Transportation Department
Pupil Transportation Department
Pupil Transportation Department
Pupil Transportation Department
Transportation- transport students Pupil Transportation Department
Transportation- transport students Pupil Transportation Department
Maintenance - Service Truck Pupil Transportation Department
Tranaportatian- Service Truck Pupil Transportation Department
Issuer: Pittsylvania County School Board
Name: Carr, A Oa ss
Title: C' vIY.ntrn
Date: September 29, 2016
P65
EXHIBIT B
PAYMENTSCHEDULE
Installment Purchase Contract Date: September 29, 2016
Borrower: Pittsylvania County School Board
Purchase Price: $972,924
The interest rate is 1.12% per annum. Interest is calculated and imposed on the unpaid balance
of the Purchase Price, based on the payment schedule described herein. The Purchase Price plus
interest shall be repaid by Issuer to Bank in three (3) annual payments of $327.926.69, beginning
on the closing date of September 29, 2016 and continuing on the same day every year thereafter,
until paid in full.
Due at Inception: Origination Fee $0
Amount $ 972,924
Rate 1.12%
Term (Years) Two (2)
Payment
Number Payment Date
Payment
Principal
Interest
Balance
1 9/29/16
$ 327,926.69
$ 327,926.69
$ 0
$ 644,997.31
2 9/29/17
$ 327,926.69
$ 320,702.72
$ 7,223.97
$ 324,294.59
3 9/29/18
$ 327,926.69
$ 324,294.59
$ 3,632.10
$ 0
Total
$ 983,780.07
$ 972,924
$ 10,856.07
Issuer: Pittsylvania County School Board
By: 61, - 4Q
Name: Calv:" b. boss
Title: Cl ryaan
Date: September 29, 2016
P66
EXHIBIT C
INCUMBENCY AND AUTHORIZATION CERTIFICATE
In connection with the execution and delivery by Pittsylvania County School
Board, (the "Borrower") of an Installment Purchase Contract dated Sc� 6b Zh. Zo'(o
between the Borrower and First -Citizens Bank & Trust Company, I, Tgnef F. 46n—A- , do
hereby certify that I am the duly appointed Clerk of ?;q7 Jyfu,1..- Co.�tF, 54wi b political
subdivision and body corporate and politic existing underYhe laws of the Commonwealth of
Virginia, and that 1 have custody of the official minutes and other pertinent records of that body.
I further certify that:
I . As of the date of this certificate, the persons named below hold the positions
listed opposite their names.
2. The persons named below were authorized by a resolution of the Borrower's
governing body, passed in a regular meeting held on S by 13 Zol (o , to execute and
deliver on behalf of the Borrower the aforesaid Installment Purchase Contract to evidence the
obligation of the Borrower in connection with the purchase of personal property and the creation
of a security interest in the purchased property, together with all other documents and
instruments required and contemplated by said Installment Purchase Contract, and to carry out
the terms of all of the foregoing, all under and pursuant to the provisions of Section 15.2-951 of
the Code of Virginia, as amended. Attached hereto is a true, complete and accurate copy of such
resolution. Such resolution has not been amended, rescinded, terminated or otherwise revoked
and is in full force and effect.
3. The signatures set opposite the names and positions of the persons named below
are such persons' true and authentic signatures.
Name Position Simtature
U6I b. Doss Ch&l+mah n
IN WITNESS WHEREOF, I have duly executed this certificate and have affixed
to it the seal of ► %Est)yrsti.it C�. +may Virginia on this 13 w, day of ,20 A.
— T.JcRon/ onm/
ISEALI
By: 9 X74 1�,, :� t_.
Name J'0.nef n(o-k
Title: Clerk o -F 1-6e Ad - r
P67
GENTRY L0CKE
Attorneys
September 29, 2016
First -Citizens Bank & Trust Company
FCC Mail Code: 994082
1230 Main Street
Columbia, SC 29201
Clark H. Worthy
worthy(a)Wtrylocke.com
P: (540) 983-9384
F: (540) 983-9400
Re: $972,924 Virginia Installment Purchase Contract — Escrow dated
September 29, 2016 (the "Contract'), between First -Citizens Bank &
Trust Company (the "Bank") and Pittsylvania County School Board (the
"Borrower")
Ladies and Gentlemen:
We are legal counsel for the Pittsylvania County School Board (the "Borrower") and are
familiar with the above -referenced Contract, and all other documents to be executed by Borrower
in connection therewith (the "Installment Purchase Documents"). We have examined the
Installment Purchase Documents, the resolutions adopted by the Borrower to authorize and
execute the Installment Purchase Documents, and such other documents, records, and provisions
of law as we deemed relevant and necessary as a basis for rendering the following opinion.
As to questions of fact material to the opinions and statements set forth herein, we have
relied upon representations of the Borrower set forth in the Installment Purchase Documents and
other certificates and representations by persons including representatives of the Borrower.
Whenever an opinion or statement set forth herein with respect to the existence or absence of
facts is qualified by the phrase "to the best of our knowledge" or a phrase of similar import, it is
intended to indicate that during the course of our representation of the Borrower in connection
with the Installment Purchase Documents no information has come to our attention that should
give us current actual knowledge of the existence or absence of such facts. Except to the extent
expressly set forth herein, we have not undertaken any independent investigation of the existence
or absence of such facts, and no inference as to our knowledge or the existence or absence of
such facts should be drawn from the fact of our representation or any other matter.
Based upon such examination and assuming the authorization, execution, delivery and
enforceability of all documents by parties other than the Borrower, we are of the opinion that:
1. The Borrower is a duly organized or created and validly existing political
subdivision of the Commonwealth of Virginia and is authorized under the laws of the
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First -Citizens Bank & Trust Company
September 29, 2016
Page 2
Commonwealth of Virginia and the United States of America to enter into the Installment
Purchase Documents and to perform its obligations under the Installment Purchase Documents.
2. The Installment Purchase Documents have been duly authorized by a resolution
of the governing body of the Borrower, and have been this day properly executed by the officials
authorized to execute them, and delivered to the Bank.
3. The Borrower has complied with any applicable bidding, budgeting, and other
laws related to its entering into the Installment Purchase Documents and carrying out the terms
of the Installment Purchase Documents.
4. The Installment Purchase Documents are valid and legally binding obligations of
the Borrower enforceable against the Borrower in accordance with their respective terms, subject
to appropriation by the Borrower. The obligations of the Borrower under the Installment
Purchase Documents, and the enforceability of such obligations, may be limited or otherwise
affected by (a) bankruptcy, insolvency, reorganization, moratorium and other laws affecting the
rights of creditors generally, (b) principles of equity, whether considered at law or in equity, (c)
the exercise of sovereign police powers of the Commonwealth of Virginia, and (d) rules of law
which may limit the enforceability on public policy grounds of any obligations of
indemnification undertaken by the Borrower.
5. The provisions of Section 7 of the Contract are effective to create for the benefit
of Bank a valid security interest in all right, title and interest of the Borrower in the Equipment in
which a security interest may be created under Article 9 of the Uniform Commercial Code
currently in effect in the Commonwealth of Virginia (the "Virginia UCC'). Upon the later of the
attachment of the security interest and the filing of a financing statement (referenced in Section
7.1 of the Contract) with the Virginia State Corporation Commission, the Bank will have a
perfected security interest in that portion of the Equipment in which a security interest can be
perfected by filing a financing statement under Article 9 of the Virginia UCC.
6. Under existing statutes, regulations and rulings, interest under the Contract is
excluded from gross income for federal income tax purposes, and interest under the Contract will
continue to be so excluded so long as (1) the Borrower complies with the requirements of
Section 148(f) of the Code (as defined in the Contract) in order to prevent the Contract from
being an arbitrage bond and (b) the Borrower complies with the relevant covenants set forth in
the Contract that must be complied with subsequent to the execution of the Contract. Interest
under the Contract is not an item of tax preference under Section 57 of the Code for purposes of
federal alternative minimum tax imposed on individuals and corporations, but such interest is
taken into account in determining adjusted current earnings (as defined in Section 56(8)(3) of the
Code) for purposes of calculating the amount of such tax for corporations.
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First -Citizens Bank & Trust Company
September 29, 2016
Page 3
7. Under existing statutes, interest under the Contract is exempt from all income
taxation by the Commonwealth of Virginia and any political subdivision thereof.
8. The Borrower's obligations under the Contract are "qualified tax-exempt
obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986.
9. To the best of our knowledge, the representations and warranties contained in
Section 9 of the Contract are true and accurate.
Notwithstanding anything to the contrary set forth in this opinion, this opinion is subject
to the following exceptions, reservations, limitations, assumptions and qualifications:
A. We express no opinion as to and our opinion above is subject to and limited by
the enforceability, under certain circumstances, of contractual provisions respecting:
severability; attorneys' fees, to the extent inconsistent with applicable law; indemnity, to the
extent contrary to public policy; cumulations, non -exclusivity, or availability of remedies or the
enforcement of contractual provisions to the extent contrary to public policy; provisions that
contain a waiver of (i) broadly or vaguely stated rights, (ii) the benefits of statutory, regulatory,
or constitutional rights, (iii) unknown future defenses, (iv) rights to damages or notice, (v) the
right to trial by jury, service of process or objections to the laying of venue or forum in
connection with any litigation arising out of or pertaining to the agreement in which such
provision appears or (vi) the statute of limitations; provisions that attempt to change or waive
rules of evidence or fix the method or quantum of proof to be applied in litigation or similar
proceedings; non -waiver of remedies by a failure or delay of exercise; performance
requirements, to the extent such requirements are beyond the control of the performer; choice of
law provisions, choice of law clauses to the extent the provision could be determined by the
court to be contrary to a public or fundamental policy of a state or country whose law would
apply in the absence of a choice of law clause and to involve and issue in which such state or
country has a materially greater interest in the determination of the particular issue than does the
state whose law is chosen; forum selection clauses and consent to jurisdiction clauses (both asto
personal jurisdiction and subject matter jurisdiction); restraints on trade; and any contractual
provisions imposing penalties, forfeitures or an increased rate of interest upon delinquency in
payment or the occurrence of a default or with respect to the capitalization of interest.
B. We express no opinion as to and our opinion above is subject to and limited by
the unenforceability of contractual provisions or contracts found by a court to be or have been
unconscionable or to constitute violations of public policy or to result in a wholly unintended
level of hardship.
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Page 4
C. Our opinion is subject to and limited by the assumption that the Bank will enforce
any rights and remedies it has under the Installment Purchase Documents and all exhibits thereto
in good faith and in a commercially reasonable manner.
D. We express no opinion, and none should be inferred, as to (i) the compliance of
the Bank with any local, state, federal or foreign law or regulation that may, because of the
nature of its respective business, be applicable to the transactions contemplated by the
Installment Purchase Documents, (ii) compliance with or applicability of any local, state or
federal environmental, hazardous waste, consumer protection, product safety or registration,
fraudulent transfer, securities, or tax laws, rules or regulations, (iii) the enforceability of any
nondisclosure or confidentiality provisions, restrictions, limitations or obligations contained in
the Installment Purchase Documents, or (iv) the title of any person or party to any real or
personal property, or the existence, creation, enforceability, perfection (except as expressly
provided herein) or priority of any lien, security interest or other encumbrance in or on any real
or personal property.
E. No opinion is expressed as to whether a court would limit the exercise or
enforcement of rights or remedies against the Borrower under the Installment Purchase
Documents in the event of any default if it is determined that such default is not material or if
such exercise or enforcement is not reasonably necessary for a non -defaulting party's protection.
F. We express no opinion as to any provision in any of the Installment Purchase
Documents whereby the Borrower purports to appoint an attorney in fact to act on behalf of the
Borrower.
G. This opinion relates only to matters as of 11:59 p.m. on the date hereof, and we
express no opinion with respect to any transaction, transfer, conveyance or obligation occurring
after such time on the date hereof.
H. We express no opinion in paragraphs 5 and 9 with respect to (a) money, (b)
deposit accounts, (c) letter of credit rights, (d) property covered by a certificate of title statute, (e)
as -extracted collateral or timber to be cut, (f) any property subject to a statute, regulation or
treaty of the United States whose requirements for a security interest's obtaining priority over the
rights of a lien creditor with respect to the property preempt Section 8.9A -310(a) of the Virginia
UCC, (g) goods that are or are to become fixtures as defined in Section 8.9A-102(41) of the
Virginia UCC, (h) property of the type described in Section 8.9A-302 of the Virginia UCC, (i)
commercial tort claims that are not listed and described with specification on an exhibit to the
Contract, 0) after-acquired commercial tort claims, or (k) property for which a security interest
may not be perfected by filing.
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First -Citizens Bank & Trust Company
September 29, 2016
Page 5
We have not been asked to, and do not, render any opinion with respect to any matters
except as expressly set forth above. This opinion is solely for Bank's benefit, and the benefit of
any successor or assign of Bank, to be used solely in connection with the transactions
contemplated by the Installment Purchase Documents and may not be used for any other
purpose, distributed to or relied upon by any other person, quoted in whole or in part or
otherwise reproduced in any other document, in each case without our prior written consent,
except (i) to any successor or assignee of Bank's interests in the Installment Purchase
Documents, (ii) to Bank's independent auditors, (iii) to regulatory authorities having jurisdiction
over Bank and (iv) as otherwise compelled by state or federal law. We do not undertake to
advise you of any changes in the opinions expressed herein resulting from matters that might
hereafter be brought to our attention.
28103/8000/7721375x1
P72
/Very truly yours, n I
IJ IM t I �1l
J, �rf.�-
Gentry Locke Rakes & Moore, LLP
EXHIBIT E
(for use only with Bank -Qualified Conlracts)
BANK ELIGIBILITY CERTIFICATE
This Eligibility Certificate is executed and delivered this 29th day of _
September, 2016, with the consent and approval of ( Calvin D. Doss, Chairman ) of
the government unit signing below ('Borrower"). Borrower and First -Citizens Bank &
Trust Company are parties to an Installment Purchase Contract relating to the financing
of the following:
[INSERT DESCRIPTION OF EQUIPMENT PURCHASE]
(9) 64 Passenger Thomas buses @ $84,071.00 each
(2) Special Needs "Phomas buses @ $86,559.00 each
(1) 2017 Ford F250 @ $29,055.20
(1) 2017 Ford F150 @ $22,286.05
The undersigned official of Borrower, on behalf of Borrower, hereby certifies to First -
Citizens Bank & Trust Company that the undersigned Borrower (i) has not issued and reasonably
anticipates that it shall not issue, directly or indirectly though subordinate units, more than
$10,000,000.00 of tax-exempt obligations during this calendar year, (ii) has not and shall not
designate during this calendar year more than $10,000,000.00 of its obligations (or of its
subordinate units) as "qualified tax-exempt obligations" and (iii) hereby designates the
Installment Purchase Contract to which this certificate relates as a "qualified tax-exempt
obligation" as defined in Section 265 (b)(3) of the Internal Revenue Code of 1986, as amended.
(Affix Seal of Government Unit)
Pittsylvania County School Board
By:
Name: Cal wn D , Do ss
Title: Chu-'rmAn
P73
EXHIBIT F
CONTINUOUS INSURANCE COVERAGE DECLARATION
Borrower: Pittsylvania County School Board
Bank: First -Citizens Bank & Trust Company
Insurance Co.:
Policy i#:
Agency:
Address:
Agent:
Telephone:
6(`ann o ✓1
Whereas, the Borrower has entered into an agreement to finance personal property and insurance
coverage is required by the Bank to protect its security interest. Borrower agrees to maintain
insurance coverage on the property with the above designated company or another company of
its selection during the term of financing. If coverage is not renewed or never acquired, and a
loss occurs while the collateral is uninsured, the Borrower agrees to indemnify the -Bank. The
indemnification can be accomplished by the mutual agreement of the parties as follows:
• The principal balance and accrued interest may be paid in full in satisfaction of the
obligation.
• The equipment is repaired to its original condition or replaced with equal value equipment, at
the expense of the Borrower,
• A replacement or substitution of collateral is acquired by the Borrower, at the Borrower's
expense.
The Borrower pledges to notify the Bank of a loss in whole or part within ten (10) days of any
loss and agrees to cooperate with the Bank in obtaining insurance proceeds or through
indemnification for any losses. The Borrower further certifies that the Borrower takes full
responsibility of notifying the insurance agency/company and maintaining continuous coverage
on the collateral.
Pittsylvania County School Board
By: LLr.X&yj'
Name: CcIon b. (doss
Title: 0- j—A Ii a.n
P74
EXHIBIT G
ESCROW AGREEMENT
THIS ESCROW AGREEMENT ("Agreement") is entered into and effective as
of the 29th day of September 2016, by and between the Pittsylvania County School Board, a
public body of the Commonwealth of Virginia (the 'Borrower") and FIRST -CITIZENS BANK &
TRUST COMPANY in its capacity as escrow agent (the "Escrow Agent") and in its capacity as a
lending bank (the 'Bank").
WITNESSETH:
WHEREAS, Borrower entered into an Installment Purchase Contract dated as of
the date hereof (the "Contract") with FIRST -CITIZENS BANK & TRUST COMPANY as Bank for
the purpose of purchasing the personal property described in the Contract (the "Equipment"); and
WHEREAS, Borrower is borrowing the sum of $972,924 DOLLARS (the
"Purchase Price") from the Bank to finance the costs of the Project (the "Costs of Construction");
and
WHEREAS, capitalized terms used in this Agreement without definition shall
have the respective meanings given to them in the Contract; and
WHEREAS, the Escrow Agent is willing to serve as Escrow Agent upon the
terms and conditions herein set forth.
NOW, THEREFORE, in consideration of the premises and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
Creation of Escrow Fund.
(a) Deposit into Escrow Account. Upon advance, some or all of the Purchase
Price will be deposited by the Bank with the Escrow Agent into a special account of the
Borrower with the Escrow Agent (the "Escrow Account'). The sum so deposited shall constitute
the principal of the Escrow Fund, and shall be held by the Escrow Agent in escrow in a separate
fund designated as the "Escrow Fund" and applied in accordance with the provisions of this
Agreement.
(b) Separate Fund. The Escrow Account shall be held separate and apart
from all other funds of the Borrower. All moneys deposited in the Escrow Account are the
property of Borrower. Borrower hereby agrees that it will only request withdrawal of funds from
the Escrow Account as provided herein and only for application from time to time to the
payment of "Equipment Acquisition Costs" (as defined below). All amounts when on deposit in
P75
the Escrow Account shall be subject to a lien and charge in favor of the Bank to secure the
Borrower's obligations under the Contract.
(c) FDIC Insurance and Collateralization. The Escrow Fund will be insured
to the fullest extent allowed by the Federal Deposit Insurance Corporation and will be
collateralized to the extent and in the manner required by applicable law and regulation of the
State of Virginia.
2. Investment of Escrow Fund. The Escrow Agent shall invest and reinvest
the Escrow Fund in a Bank depository account. The Borrower agrees that such investment and
reinvestment complies with federal, state and local laws, regulations and ordinances governing
investment of escrowed funds held pursuant to a loan arrangement similar in substance to the
arrangement contemplated by the Contract. Accordingly the Escrow Agent, so long as it invests
the Escrow Fund in a Bank depository account, shall not be responsible for any liability, cost,
expense, loss or claim of any kind, directly or indirectly arising out of or related to the
investment or reinvestment of the Escrow Fund, and the Borrower agrees to release and
indemnify and hold harmless the Escrow Agent and the Bank, pursuant to Section 7 of this
Agreement, from any such liability, cost, expense, loss or claim.
3. Disbursements.
(a) Payment by Escrow Agent. Unless the Escrow Fund is earlier terminated
in accordance with the provisions of this Agreement, the principal of the Escrow Fund shall be
disbursed by the Escrow Agent to the Borrower (or as otherwise instructed by the Bank) to pay
for Equipment Acquisition Costs upon receipt of written authorization(s) from the Bank
following a proper Disbursement Request. Except as otherwise agreed by the Bank in its
discretion, disbursements shall be limited to two per calendar month. "Equipment Acquisition
Costs" means all costs of the design, planning, acquiring, installing of the Equipment as
determined in accordance with generally accepted accounting principles and that will not
adversely affect the exclusion from gross income for federal income tax purposes of the
designated interest component of "Installment Payments" (as defined in the Contract) including
(a) sums required to reimburse the Borrower or its agents for advances made for any such costs,
(b) interest during the installation process, and (c) all costs related to the financing of the
Equipment through the Contract, including, but not limited to, engineering and legal fees. Any
funds remaining in the Escrow Fund after purchase of all the Equipment to be purchased shall be
applied in accordance with Section 3.1 of the Contract.
(b) Distribution of Interest. Interest earned on the Escrow Fund shall be
accrued and retained in the Escrow Fund. To the extent not used to pay Equipment Acquisition
Costs or applied in accordance with Section 3.1 of the Contract, then upon instruction by the
Bank the Escrow Agent shall remit the interest earned on the Escrow Fund to the Borrower.
4. Termination. The Escrow Fund shall be terminated at the earliest of.
(a) the final distribution of principal and earnings of the Escrow Fund; (b) written notice to the
Escrow Agent from the Bank of a default by the Borrower under the Contract; (c) termination of
the Contract; or (d) termination of this Agreement. Upon termination of the Escrow Fund in
P76
accordance with this Agreement, the Escrow Agent shall disburse the Escrow Fund, including
interest earned on the Escrow Fund, as the Bank instructs.
5. Reliance of Escrow Agent on Documents. The Escrow Agent may act in
reliance upon any written notice, request, waiver, consent, certificate, receipt, authorization,
power of attorney, or other instrument or document which the Escrow Agent in good faith
believes to be genuine and to be what it purports to be. The Escrow Agent shall not be liable in
any manner for the sufficiency or correctness as to the form, manner of execution, or validity of
any instrument or as to the identity, authority, or right of any person executing the same; and the
Escrow Agent's duties hereunder shall be limited to the receipt of such moneys, instruments or
other documents received by it as the Escrow agent, and for the disposition of the same in
accordance herewith.
6. Limitation of Liability. Neither Escrow Agent nor its officers, employees,
directors, agents or affiliates shall: (a) be liable for any good faith action, omission, or error in
judgment in performing Escrow Agent's duties under this Agreement, but shall be liable only for
losses caused by Escrow Agent's gross negligence or intentional misconduct in the performance
of its duties under this Agreement; (b) in any event be liable for any special, speculative or
consequential damages, even if advised of the possibility of such damages, or for any punitive
damages; (c) be liable for any loss arising from any act or failure to act by any third party,
including a failure to follow Escrow Agent's instructions or to honor its demands, or from any
delay or difficulty arising from applicable rules, regulations, procedures, or requirements; (d) be
liable for any loss arising from, or failure to perform when performance is rendered unfeasible,
or significantly more costly, by causes beyond Escrow Agent's control, including equipment,
communications and transportation failures and interruptions, governmental orders and actions,
war or military action, civil unrest or commotion, catastrophes, strikes or other labor
disturbances, or natural disasters; (e) be liable for loss or deemed in violation of any provision of
this Agreement or applicable law if, promptly after the discovery of the mistake, Escrow Agent
takes whatever actions may be practical under the circumstances to remedy the mistake, or if
Escrow Agent is unable to correct a mistake due to Borrower's failure to act; (f) be subject to
liability for acting in accordance with Borrower's instructions or arising from any other exercise
of authority by Borrower; or (g) have any responsibility for providing legal or tax advice. Any
liability of Escrow Agent to Borrower shall be limited to the lesser of the total fees charged or to
be charged Borrower by Escrow Agent under this Agreement or the actual damages suffered by
Borrower.
7. Indemnification of Escrow Agent,• Lien Against Escrow Fund. Unless the
Escrow Agent is guilty of gross negligence or intentional misconduct with regard to its duties
hereunder, the Borrower, to the fullest extent permitted by applicable law, agrees to indemnify
the Escrow Agent and hold it harmless from any and all claims, liabilities, losses, actions, suits
or proceedings at law or in equity, or any other expenses, fees or charges of any character or
nature, which the Escrow Agent may incur or with which it may be threatened by reason of its
acting as Escrow Agent under this Agreement; and in connection therewith, to indemnify the
Escrow Agent against any and all expenses, including reasonable attorneys' fees and the cost of
defending any action, suit or proceeding or resisting any claim. To the extent permitted by
applicable law, the Escrow Agent shall be vested with a lien on all property deposited hereunder,
for indemnification, for reasonable attorneys' fees, court costs, for any suit, interpleader or
P77
otherwise, or any other expenses, fees or charges of any character or nature, which may be
incurred by the Escrow Agent by reason of disputes arising between the Borrower and the
Escrow Agent as to the correct interpretation of this Agreement and instructions given to the
Escrow Agent hereunder, or otherwise, with the right of Escrow Agent, regardless of the
instructions aforesaid, to hold the said property until and unless said additional expenses, fees
and charges shall be fully paid. The indemnification obligations created by this Section 7 shall
survive the termination of this Agreement.
8. Discretion of the Escrow Agent to file Civil Action in the Event of
Dispute. If a disagreement about the interpretation of this Contract, or about the rights and
obligations or the propriety of any action contemplated by the Escrow Agent hereunder shall
arise, the Escrow Agent may, but shall not be required to, bring an appropriate civil action to
resolve the disagreement. The Escrow Agent shall be reimbursed by the party adjudged at fault
for all costs, including reasonable attorneys' fees, in connection with such civil action, and shall
be fully protected in suspending all or part of its activities under Contract until a final judgment
in such action is received.
9. Consultation with Counsel. If the Escrow Agent, after consultation with
the Borrower, is unsure of its duties and obligations as Escrow Agent under this Agreement, it
may consult with competent counsel of its own choice (which may be internal or external
counsel to the Bank), and in those circumstances it (a) shall have full and complete authorization
to act, and shall not be liable for acting, in accordance with the reasoned opinion of such counsel,
and (b) shall be reimbursed for the reasonable expenses charged it by such counsel. The Escrow
Agent shall otherwise not be liable for any mistakes of fact or errors of judgment, or for any acts
or omissions of any kind unless caused by its gross negligence or willful misconduct.
10. Compensation of Escrow Aaent. For its regular services under this
Agreement, the Escrow Agent shall impose no fees or charges for its services. However, when
unusual circumstances cause the Escrow Agent to take on extraordinary duties or
responsibilities, the Escrow Agent will be entitled to charge Borrower a reasonable fee for its
extraordinary services and to be reimbursed by Borrower for cost of its reasonable out-of-pocket
expenses that can be directly allocated to those extraordinary expenses. In the event of litigation,
arbitration or other dispute, the Escrow Agent is entitled to be reimbursed by Borrower for its
attorneys' fees, court costs, and all other reasonable costs and expenses incurred in its
performance of this Agreement.
H. Notices. Escrow Agent may send notices and communications to
Borrower's current addresses of record (including telecopier numbers and email addresses) and
may transmit them by mail, telecopier, electronic communication, messenger, courier or
otherwise. All such communications will be deemed personally given to Borrower when
delivered, whether or not actually received. Notice sent to Borrower by U.S. mail will he
considered delivered three (3) days after it is deposited into the U.S. mail, postage prepaid,
addressed to Borrower at the current mailing address in Escrow Agent's records. Borrower will
notify Escrow Agent promptly in writing of any change in addresses. Escrow Agent may contact
Borrower by telephone, and may record any telephone conversations. Escrow Agent is not
required to record any telephone conversation, or to retain any recordings or transcriptions of
4
P78
recordings, and Escrow Agent will not be liable for making or retaining, or not making or
retaining, recordings.
Notices from Borrower must be in writing and will be effective upon Escrow
Agent's actual receipt, provided a reasonable opportunity is given for Escrow Agent to act upon
such notice. Borrower may send notices and communications about the Escrow Fund and this
Agreement by mail to:
FIRST -CITIZENS BANK & TRUST COMPANY
1230 MAIN STREET
COLUMBIA, SC 29201
ATTN: COURTNEY DUNLAP, 994082
12. Representative Client List. Escrow Agent may include Borrower's name
on a representative client list to be used for marketing purposes unless instructed otherwise by
Borrower in writing. Upon receipt of such instruction, Escrow Agent will not include
Borrower's name in any marketing materials created thereafter.
13. Construction of Agreement.
a. Capitalized Terms. Capitalized terms will have the meanings
indicated by associated parentheticals unless the particular context clearly indicates that a
different meaning was intended.
b. Headings. The headings, titles, and captions within this
Agreement are only for convenience of reference, and do not define, limit, or extend any
provision herein.
C. Entire Agreement. This writing constitutes the entire agreement
between Borrower and Escrow Agent and supersedes any prior understanding or agreement
between them concerning escrow services relating to the Contract. No oral or written
representations, arrangements, understandings, or agreements exist between the parties relating
to such services unless fully expressed in this Agreement.
d. Gender and Number. Regardless of the gender and number
actually used, the words and phrases of this Agreement shall be construed to include any other
gender and any other number that the context requires.
C. Governing Law. Except when the laws of the United States apply,
this Agreement shall be construed and governed under the laws of the Commonwealth of
Virginia, without regard to its conflicts of laws principles.
f. Presumptions. No provision of this Agreement will be more
strictly construed against either party because that party or that party's counsel drafted it.
P79
g. Execution in Counterparts. This Agreement may be executed
simultaneously in two or more counterparts, each of which shall be deemed an original, but
which collectively shall constitute one and the same instrument.
h. Amendment and Assignment.
i. Escrow Agent may modify the terms of this Agreement by
30 days prior written notice to Borrower, and Borrower's continued acceptance of Escrow
Agent's services after receipt of the notice will constitute Borrower's acceptance of the
modification. Any other amendments, changes, alterations, modifications, additions, or
qualifications to the terms of this Agreement must be made in writing and signed by Borrower
and Escrow Agent.
ii. This Agreement may not be assigned by the Borrower
without the written consent of Escrow Agent, which consent shall not be unreasonably withheld
or delayed. Escrow Agent may assign this Agreement in connection with a permitted assignment
by Bank of the Contract. Any corporate successor to all or any relevant part of the business of
Escrow Agent may continue to provide services as Escrow Agent under this Agreement without
the necessity of transfer, conveyance, or assignment.
IN WITNESS WHEREOF, the parties hereto have caused this Escrow
Agreement to be executed as of the day and year first above written.
[SIGNATURES APPEAR ON FOLLOWING PAGE[
P80
PITTSYLVANIA COUNTY SCHOOL BOARD,
AS BORROWER
By: ( a�u�.dLd�YyD
Print: C�a hIn D . Qoss
Title: CAA, r.r'�t n
FIRST -CITIZENS BANK & TRUST COMPANY,
AS BANK AND AS ESCROW AGENT
in
Print: STEVE GROTH
Title: SENIOR VICE PRESIDENT
[SIGNATURE PAGE TO ESCROW AGREEMENT]
P81
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE: TROF Grant Award for Runk
and Pratt Senior Living Communities Project
SUBJECT/PROPOSAL/REQUEST: Board
appropriate awarded $155,000 TROF grant to Fund
325.
STAFF CONTACT(S):
Mr. Monday
Mr. Rowe
Ms. Van Der Hyde
BACKGROUND:
AGENDA DATE:
10-18-2016
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
No
REVIEWED BY:
12
INFORMATION:
INFORMATION:
In July 2016, the County announced that Runk and Pratt Senior Living Communities would be constructing a
$6M assisted living and memory care facility near the Town of Hurt, resulting in the creation of 60 jobs. To
assist in the site development for the project, the Tobacco Commission awarded the County a $155,000
Tobacco Regional Opportunity Fund.
DISCUSSION:
Pittsylvania County has been awarded $155,000 from the Tobacco Regional Opportunity Fund by the
Tobacco Region Revitalization Commission. This award is based upon job creation and capital investment
within a defined time period (5 years for this project), and requires no local match. The Company has agreed
to provide a letter of credit for the awarded amount prior to it being distributed to the Company to eliminate
any potential liability and risk to the County. The awarded money must be appropriated to the County's
economic development fund — Fund 325.
RECOMMENDATION:
Staff recommends that $155,000 be appropriated to Fund 325 from the Tobacco Regional Opportunity Fund
(TROF) funds received and authorize the County Administrator to sign any necessary documentation.
This amendment requires a roll call vote.
P82
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Award Construction Contract — Mt. Tabor Compactor
Site
SUBJECT/PROPOSAL/REOUEST:
Award Construction Contract
STAFF CONTACT(S):
Mr. Monday; Mr. Hawker
BACKGROUND:
DISCUSSION:
AGENDA DATE:
10-18-2016
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ITEM NUMBER:
13
INFORMATION:
INFORMATION:
ATTACHMENTS:
Letter from Dewberry including Bid Tabulations
Bids were received for construction of the Mt. Tabor Road Compactor Site. Only one (1) bid was submitted,
and was submitted by White's Construction Company, Inc. in the amount of $438,680.62. Funds are already
available for this project.
RECOMMENDATION:
Staff recommends the Board of Supervisors award the construction contract to White's Construction
Company, Inc. in the amount of $438,680.62 and authorize the County Administrator to sign any necessary
documentation.
P83
V Dewberry
September 30, 2016
Mr. Otis Hawker
Assistant County Administrator
Pittsylvania County
P.O. Box 426
Chatham, VA 24531
Dewberry Engineers Inc. 434.797.4497
551 Piney Forest Road 434.797.4341 fax
Danville, VA24540 www,dewberry.com
Re: Pittsylvania County Mount Tabor Road Compactor Site
Dear Mr. Hawker:
Bids were received on September 29, 2o16 at lo:oo a.m. for construction of the above referenced project.
During the public bid opening the apparent low bidder was announced as White's Construction Company,
Inc. with a bid amount of $438,680.62. Dewberry Engineers Inc. (Dewberry) has checked the
contractor's standing with the DPOR website and they were found to be in good standing. Dewberry
recommends award of the contract to White's Construction Company, Inc.
If you should have any questions, please feel free to call.
Sincerely,
'GIL /Z. ;7
Shawn R. Harden, P.E.
Associate
SRH/vnl
Attachment
P:\50082115\Adm\Correspondence\Letters\2or6.09.30.Award Lettecdoc
Page 1 of 1
P84
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PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE: AGENDA DATE: ITEM NUMBER:
Naming Rights on County Property 10/18/16 14
SUBJECT/PROPOSAL/REQUEST: ACTION:
Pittsylvania County Philanthropic Naming Rights Yes
Policy
ATTACHMENT:
1) Naming Rights Policy
STAFF CONTACT:
Mr. Monday; Mr. Hunt REVIEWED BY:
BACKGROUND:
Attached please find a Pittsylvania County Philanthropic Naming Rights Policy drafted at the
request of, and in conjunction with, the Community Foundation of the Dan River Region.
RECOMMENDATION:
Staff recommends the Board of Supervisors approve the attached Philanthropic Naming Rights
Policy.
P86
PITTSYLVANIA COUNTY PHILANTHROPIC NAMING RIGHTS
POLICY
I. SCOPE OF POLICY:
The Pittsylvania County Board of Supervisors ("BOS") establishes the following
naming rights policy to provide guidance in approving philanthropic naming rights for
County owned or controlled property or facilities, recognizing financial contributions by
any individual or entity. This policy shall not apply to corporate naming rights, which
in a y b e addressed as provided in a Pittsylvania County Sponsorship Policy, or
honorary naming rights, which may be addressed as provided in a Pittsylvania County
Honorary Naming Rights Policy.
II. DEFINITIONS:
The following words will have the meaning ascribed to them herein:
A. 'civic or charitable group" shall mean a nonprofit entity, family, or group that
has made a substantial contribution to the community, either through civic involvement,
involvement in historic events relevant to specific County property, or to the geographical
location of specific County property; or made a financial and/or in-kind donation to
support a specific public service or County property. For-profit entities of any type shall
not be considered a civic or charitable group.
B. "individual" shall mean a person who has made a financial and/or in-kind donation
to support a specific public service or County property.
C. "honorary naming rights" shall mean the naming of County property to honor
the service, commitment, or other type of participation by an individual or civic or
charitable group. Honorary naming rights may be addressed as provided in a Pittsylvania
County Honorary Naming Rights Policy.
D. "philanthropic naming rights" shall mean the naming of County property due to
a charitable donation from an individual, civic or charitable group, or other entity or
organization that is intended to enhance the community by financial and/or in-kind support
for a specific public service or County property.
E. "corporate naming rights" shall mean a mutually beneficial business arrangement
between the County and an external entity (individual, for-profit, or not-for-profit
organization), wherein the external entity provides goods, services, or financial support
to the County in return for access to the commercial and/or marketing potential
associated with the public display of the external entity's name on Pittsylvania County
property. Corporate naming rights are addressed as may be provided in a Pittsylvania
County Sponsorship Policy.
F. "County\ property" shall mean County owned or controlled real property, public
facilities such as buildings or parks, features or attributes of a facility such as a bench,
tree, bridge, walkway, hallway or room, or other public venue.
Page 1 of 3
P87
III. PROCESS:
The process to establish philanthropic naming rights for County property shall be as follows:
County departments, boards, or agencies may develop philanthropic naming rights
opportunity plans, in conjunction with the County Administrator or his/her designee, to
be implemented as approved by the BOS by resolution. For philanthropic naming rights
not covered by an approved naming rights opportunity plan, a philanthropic
naming rights plan shall be developed. In developing said plans, or in reviewing
nominations for philanthropic naming rights as provided herein, the following criteria shall
be complied with:
A. Philanthropic naming rights opportunity plans shall establish an aggregrate
campaign goal. Factors to be considered in development of the goal shall
include, but not be limited to, capital costs, annual operating and
maintenance costs, and desirability and marketability of the opportunity.
Each campaign goal shall be developed on a case-by-case basis.
B. All assets for which naming opportunities will be offered shall be valued
as a function of the aggregate campaign goal within the philanthropic
naming rights opportunity plan. Factors to be considered in the valuation
of each asset shall include desirability and marketability, exposure
associated with the naming of the asset, and relative value as compared
with other assets that are part of the campaign.
C. In-kind donations of real property shall be valued at the fair market value
of the real property. In-kind donations of personal property shall be valued
at 50% of the retail cost of the personal property; provided, however, if the
property donated was budgeted for acquisition by the County, the personal
property shall be valued at the County's cost to acquire the personal
property.
D. All naming rights shall be approved for a specific term, which shall not be
longer than the useful life of the property or facility, as determined by the
County, unless otherwise established in the naming rights opportunity plan
or in a donor contract approved by the County and the donor.
E. Naming rights opportunity plans shall establish a review process either by a
standing committee (the composition shall be identified in the plan) or by
department employee(s), and shall be approved by the County BOS by
resolution before implementation of the plan.
F. The review committee established in the plan shall consider compliance
with the established naming rights policy; whether the donation is from a
potentially controversial source (e.g tobacco, alcohol, etc.); appropriate
signage; compliance with the required approval process for accepting
Page 2 of 3
P88
donations; whether a donor contract is appropriate, and if so, the terms
thereof; citizen input; and any other relevant factors. In addition, upon
notice to the BOS, the County Administrator, or his/her designee, may
refuse any financial and/or in-kind donation if it is deemed to not be in the
best interests of the County.
Page 3 of 3
P89
ANIMAL SHELTER NAMING OPPORTUNITIES
Naming Opportunities
Quantity
Gift Level
Shelter Building
1
$1,000,000
Adoption Center Lobby
1
$250,000
Education/Training/Meeting Room
1
$100,000
Dog Kennel Wings
2
$50,000
Medical Treatment Suite
1
$25,000
Cat Community Rooms & Outdoor Catios
2
$25,000
Memorial Garden
1
$25,000
Small Animal Suite
1
$25,000
Nursery
1
$25,000
Kitten Room
1
$25,000
Adoption Counseling Area
2
$10,000
"Puff & Fluff" Grooming Area
1
$10,000
Get Acquainted Rooms
$10,000
Indoor Dog Kennel & Outdoor Kennel
$5,000
Run
Cat Condo
$2,500
Cat/Kitten Cages
Cat Isolation Cages
Dog Isolation Cages
Outdoor Benches
5
$1,000
Outdoor Trees
Unlimited
$500
Front Walkway Bricks 4" x 8"
1000
$100
P90
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE: AGENDA DATE:
Voting Credentials — Virginia Association of Counties 10-18-2016
(VACo)
ACTION:
SUBJECT/PROPOSAL/REOUEST: Yes
Voting Credentials for Annual Meeting
STAFF CONTACT(S):
Mr. Monday
CONSENT AGENDA:
ACTION:
ITEM NUMBER:
15
INFORMATION:
INFORMATION:
ATTACHMENTS:
Letter & Credentials form from VACo
REVIEWED BY: 67
BACKGROUND:
Members of the Board of Supervisors will be attending their annual meeting for the Virginia Association of
Counties (VACo) at the Homestead Omni November 13-15, 2016. Each year the Board of Supervisors votes to
approve the authorized credentials for the representatives of Pittsylvania County at the Annual Business Meeting,
which will be held this year on Tuesday, November 15, 2016.
Attached hereto is the voting credential form for the annual meeting.
RECOMMENDATION:
Staff submits this to the Board of Supervisors for their review and consideration. In the past, the Board has
approved the Chair to be listed as the authorized voting delegate for Pittsylvania County and one alternate.
P91
President
Judy S Lyttle
Sorry County
President -Elect
Mary W. Biggs
Montgomery County
First Vice President
William A. Robertson, Jr.
Prince George County
Second Vice President
Sherrin C. Alsop
King and Queen County
Secretary -Treasurer
Donald L Hart, Jr.
Accomaci: County
Immediate Past President
Penelope A. Gross
Fairfax County
Executive Director
Dean A. Lynch, CAE
General Counsel
Phyllis A_ Enrico, Esq., CAE
1207 E. Main St., Suite 300
Richmond. Va. 23219-3627
Phone: 804.788.6652
Fax: 804.788.0083
E-mail: mail@vaco.org
Web site: www.vaco.org
Virginia Association of Counties
TO:
FROM:
RE:
DATE:
Connecting County Governments since 1934
Chairs, County Board of Supervisors
Comity Chief Administrative Officers
Dean A. Lynch, Executive Director
Voting Credentials for the Annual Business Meeting
September 27, 2016
-... r
Virginia Association of Counties
The 2016 Annual Business Meeting of the Virginia Association of Counties will be
held on Tuesday, November 15, at 11:00 a.m. at The Homestead in Bath County.
Article VI of the VACo ByLaws states that each county shall designate a representative
of its board of supervisors to cast its vote(s) at the Annual Business Meeting. However, if a
member of the board of supervisors cannot be present for this meeting, the Association's
ByLaws allow a county to designate a non -elected official from your county or a member of a
board of supervisors from another county to cast a proxy vote(s) for your county.
For your county to be certified to vote at the Annual Business Meeting, (1) your annual
dues must be paid in full and (2) either a completed Voting Credentials Form or a Proxy
Statement must be submitted to VACo by November 1, 2016. Alternatively, this information
may be submitted to the Credentials Committee at its meeting on Monday, November 14, at
1:00 p.m. in the Monroe Room or to the conference registration desk before this meeting.
NOMINATING COMMITTEE
The Nominating Committee will meet at 5:00 p.m. in the Mt. Vernon Room on
Monday, November 14th during VACo's Annual Conference at the Homestead. The committee
is charged to nominate a candidate for President -Elect, First Vice President, Second Vice
President, and Secretary -Treasurer to be elected at the Annual Business Meeting. Please send
your expressions of interest and nominations to the Committee or to VACo's Executive
Director.
REGIONAL DIRECTORS
Pursuant to VACo's By -Laws, "regional directors shall be selected at the Annual
Meeting by the member counties located within the region which the director will represent."
Regional caucuses will be scheduled during the Annual Meeting to select directors. Incumbent
regional directors should chair the caucuses. Reports should be given to VACo's Executive
Director by 6:00 p.m. on Monday, November 14th. The attached list shows the regional
directors that must be selected.
Attachments
cc: VACo Board of Directors
Nominations Committee
P92
VACo 2016 Annual Meeting
Voting Credentials Form
Form may be returned by mail, fax (804-788-0083), or by email to
vsteinruck@vaco.org
Voting Delegate:
(Supervisor)
Name
Title
Locality
Alternate Delegate:
(Supervisor)
Name
Title
Locality
Certified by:
(Clerk of the Board)
Name
Title
Locality
VACo 2016 Annual Meeting
Proxy Statement
County authorizes the following person to cast its vote at the 2016 Annual
Meeting of the Virginia Association of Counties on November 15, 2016.
a non -elected official of this county.
-OR-
a supervisor from
This authorization is:
County.
Uninstructed. The proxy may use his/her discretion to cast County's votes on any
issue to come before the annual meeting.
Instructed. The proxy is limited in how he/she may cast County's votes. The
issues on which he/she may cast those votes and how he/she should vote are:
(List issues and instructions on the back of this form)
Certified by:
Title
Locality
P93
Region 1.....................John M. Seward (Surry County)
Region 3.....................Patricia S. O'Bannon* (Henrico County)
Region 5.....................Ann H. Mallek (Albemarle County)
Region 6.....................Barbara J. Byrd (Clarke County)
Region 7.....................Stephanie Koren (Louisa County)
Region 8.....................John Vihstadt (Arlington County)
Region 8.....................Daniel G. Storck (Fairfax County)
Region 8.....................Sharon S. Bulova* (Fairfax County)
Region 8.....................Phyllis J. Randall (Loudoun County)
Region 10...................Sara E. Carter (Appomattox County)
Region I I ....................Bill Thomasson (Bedford County)
Region 12...................Timothy A. Reeves, Sr. (Wythe County)
Past Presidents:
Penelope A. Gross
Harrison A. Moody
* ineligible for reappointment (term limit)
VACo Bylaws: Article IX, Section 4
P94
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Refund Request — Lightower Fiber Networks II, LLC_
Refund Request for Overpayment
STAFF CONTACT(S):
Mr. Monday
BACKGROUND:
AGENDA DATE:
10-18-2016
ACTION•
Yes
CONSENT AGENDA:
ACTION:
ITEM NUMBER:
16
INFORMATION:
INFORMATION:
ATTACHMENTS:
1. Letter from Commissioner of the Revenue to County
Administrator dated 10-13-2016
2. Letter from Commissioner of the Revenue to Treasurer
dated 10-12-2016
3. Email from Treasurer dated 10-14-2016 with accrued
interest on overpayment
REVIEWED BY:
DISCUSSION:
County staff received a letter from the Commissioner of the Revenue on 10-13-2016 concerning a request for
refund of an overpayment of real property tax made by Lightower Fiber Networks II, LLC to Pittsylvania
County. (see attached). Lightower Fiber Networks II, LLC had paid its real property tax for 2016 in full,
based on the preceding year's assessment received from the State Corporation Commission (SCC). Once the
Commissioner's office received the 2016 SCC report with the correct assessment values, the Commissioner's
office corrected the assessment on Lightower Fiber Networks II, LLC's account.
The tax refund amount is $5,565.67, and interest on that amount for four (4) months is $185.52, bringing a
total refund amount of $5,751.19 due to Lightower Fiber Networks II, LLC.
RECOMMENDATION:
Staff recommends the Board of Supervisors approve the refund request of $5,751.19 in real property tax
overpayment, which includes interest due, to Lightower Fiber Networks II, LLC and authorize the Treasurer
to issue this refund.
P95
Shirley Ycoms Hammock
Conuniswner
October 13, 2016
OFFICE OF
COMMISSIONER OF THE REVENUE
PITTSYI ANIACOUNTY
Mr. Clarence Monday
County Administrator
P.O. Box 426
Chadlaii.,' 24531-0426
R O.RON 272
('HAI'HAM,VIRGINIA24531
RE: REFUND REQUEST FOR LIGHTOWER FIBER NETWORKS II LLC
Dear Mr. Monday:
(434)432-7940
(434)6%-6211
FAX (434)432-797
shirley.hainmock(4 pitt_ov.orr
This letter is to advise you pursuant to Pittsylvania County Code Section 6-6.2 Refund of Local Taxes
Assessed and Paid in Error of a pending refund for the above referenced taxpayer that may have an
adverse effect on County finances. I am therefore requesting pursuant to this section, the Board's advice
and guidance in authorizing the refund be made by the local Treasurer.
In 2016, Lightower Fiber Networks II LLC, was assessed pursuant to Virginia Code 58.1-3917 based on
the preceding year's assessment received from the State Corporation Commission. After receiving the
2016 SCC report with the correct values, we made a correction on the assessment of the real estate. The
assessment has been dropped and an overpayment was made on this account.
I am enclosing a copy of the letter of refund requesting the Treasurer to refund Lightower Fiber Networks
II LLC, $5,565.67 for 2016 taxes paid in error. Please feel free to contact me if you have any questions.
Regards,
Shirley Y. Ha ock
Commissioner of the Revenue
SYH/ttf
Enclosure
Pc: Honorable Vincent Shorter, Treasurer
Kim VanDerHyde, Finance Director
J. Vaden Hunt, County Attorney
P96
Shirley Yeans Hammock
Conimissioner
October 12, 2016
OFFICE OF
COMMISSIONER OF THE REVENUE
Mr. Vincent Shorter, Treasurer
Pittsylvania County
Chatham, VA 24531
Dear Mr. Shorter:
PITTSYLb;4NIA COUNTY
P.O. BOX 272 (434)452-7940
CHATI-IANI. VIRGINIA245;I
(434)6S6-0111
FAX(43)4)432-7957
shirley.hanvnock(dpittgoN.ore
The following taxpayer(s) property was incorrectly taxed for the taxable year(s) 2016. The
taxpayer states taxes have been paid and is requesting a refund under Sec. 58.1-3990 Code of
Virginia.
Account: #220275 Parcel I.D. SCC REAL PROPERTY Full or Partial
Name: Lightower Fiber Networks II LLC
Bill Keefe Tax Director
80 Central St
Boxborough, MA 01719
2016 Assessed Value: $1,109,960 Taxes: $6548.76
Amount of Refund Requested: $5565.67
Thank you for your attention in this matter.
Regards,
Shirley Y. Ha oc
Commissioner of the Revenue
SYH/ttf
P97
Rebecca Flippen
From: Vincent E. Shorter
Sent: Friday, October 14, 2016 10:39 AM
To: Rebecca Flippen
Subject: Interest Calculation for Account: #220275
Rebecca,
If approved and refund is issued in the month of October, the total amount of refund including interest owed to
account:220275 Lightower Fiber Networks II LLC is $5,751.19. The breakdown of this amount is listed below.
Amount of refund requested by the Commissioner of the Revenue $5,565.67
Four months interest $185.52
Total amount of refund including interest $5,751.19
Thanks,
Vincent Shorter
P98
APPOINTMENTS
P99
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Appointment to the Western Virginia Emergency
Medical Services Council, Inc.
SUBJECUPROPOSAUREOUEST:
Re -Appointment
STAFF CONTACT(S):
Mr. Monday
BACKGROUND:
AGENDA DATE:
10-18-2016
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ITEM NUMBER:
17
INFORMATION:
INFORMATION:
ATTACHMENTS:
Letter from WVEMS concerning appointment
M
The Board of Supervisors of Pittsylvania County appoints representation to the Western Virginia Emergency
Medical Services Council, Inc. to service a 3 -year term.
DISCUSSION:
Mr. Tim Duffer is the current representative from Pittsylvania County to this council and his tern will expire
December 31, 2016.. Terms to this council are for 3 years and the new term will begin January 1, 2017 and
will last until December 31, 2019. Mr. Duffer is eligible for re -appointment and has indicated his willingness
to continue serving on this council.
RECOMMENDATION:
Staff submits this to the Board for their review and consideration.
P100
1944 PETERS CREEK ROAD, NW
ROANOKE, VA • 2401 7-1 61 3
540.562.3482 • 800.972.4367 • Fax 540.562.3488
October 5, 2016
Mr. Clarence Monday
County Administrator
Pittsylvania County
1 Center St.
Chatham, VA 24531
Dear Clarence:
w .w ems.org
VvViii"
Warriors Ylrslnls Fmnynncll Medical sornlcns councll.lcG
At present, Pittsylvania County is represented on the Western Virginia Emergency Medical
Services Council board of directors by Tim Duffer. His term expires on December 31, 2016. He
is eligible for reappointment.
We come to you to now to solicit an appointment to fill the upcoming term representing your
locality. This term is for three years, and lasts until December 31, 2019. The director appointed to
fill that term would be eligible for additional three-year terms.
We ask that you submit the name and contact information for your appointment at your earliest
convenience. If your locality desires to re -appoint Tim, you may advise me by letter or email. No
additional information is necessary. Localities typically appoint government officials, EMS
agency members, or interested citizens. We encourage diversity among our board members. Our
prime concern is that all of our directors take an interest and play an active role in our Council
and in the continued development of our progressive EMS system.
Our Board meets quarterly in regular session in the Roanoke area, and each director is typically
assigned to at least one working committee. We look forward to your reply, and to active EMS
Council representation for Pittsylvania County. Please feel free to contact me for any additional
information.
Sincer y,
Robert H. Logan, Ph.D.
Executive Director
Email: logan@vaems.org
Copy: Ford Wirt, President
Tim Duffer
Serving the counties of Alleghany, Botetourt, Craig Floyd, Franklin, Giles, Henry, Montgomery, Patrick. Pittsylvania, Pulaski, and Roanoke; and the cities
of Covington, Danville, Martinsville, Radford. Roanoke and Salem.
P101
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Upcoming Appointments
SUBJECT/PROPOSAL/REQUEST:
Upcoming appointments
STAFF CONTACT(S):
Mr. Monday
BACKGROUND:
DISCUSSION:
AGENDA DATE:
10-18-2016
ACTION:
CONSENT AGENDA:
ACTION:
ITEM NUMBER:
18
INFORMATION:
Yes
INFORMATION:
ATTACHMENTS:
1. Table of upcoming appointments
For your review, attached is a list of upcoming appointments that will be placed on future agendas in
November and December.
RECOMMENDATION:
Staff submits this to the Board for their review.
P102
9
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REPORTS FROM
MEMBERS
P104
REPORTS FROM
LEGAL COUNSEL
P105
REPORTS FROM
COUNTY
ADMINISTRATOR
P106
2314 Franklin Tpke
Danville, VA 24540
October 3, 2016
Mr. Otis Hawker
Pittsylvania County Administration
P O Box 426
Chatham, VA 24531
Dear Otis:
On behalf of the Pittsylvania Historical Society I want to thank you and your fine staff for
all that you do for us at Callands, the site of our festival each year.
Throughout the year the grounds are pristine and so well kept. Darrell Dalton should be
commended for his efforts in taking care of our every need, not only for our festival but all year
long. Please let him how much he is appreciated by all of us.
The society has already begun to make plans to celebrate our county's 250th anniversary
beginning in January, 2017. We plan to have year-long events throughout the county and hope
that you will be able to attend some of these.
/jmd
Sincerely,
James M. Doss
P107
CLOSED SESSION
P108
ADJOURNMENT
P109