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WORK
SESSION
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Pittsylvania County Board of Supervisors
WORK SESSION
Tuesday, March 21, 2017
4:30 PM
Main Conference Room
County Administration Building
1 Center Street, Chatham, Virginia
AGENDA
1. Call to Order (4:30 pm)
2. Roll Call
3. Items to be Added
4. Approval of Agenda
5. New Business
(a) Joint Meeting with Finance Committee (Recess at 5:00 pm for portrait sitting;
reconvene at approximately 5:30 pm)
(b) Discussion of VA FOIA Fees
6. Staff, Committee, and/or Constitutional Officer Reports
(a) Discussion of Legislative Committee Recommendations
(b) Discussion of Report from Fire & Rescue Policies and Procedures Committee
Recommendation
(c) Report from Property & Building Committee
(d) Report from Solid Waste Committee
(e) Report from Economic Development Committee
7. Closed Session (6:00 pm)
(a) Consultation with legal counsel employed or retained by public body regarding
specific legal matters requiring provision of legal advice by such counsel
Legal Authority: Virginia Code § 2.2-3711(A)(7)
Subject: Project S8
Purpose: Discussion of Potential Prospective Business Incentive
Package
(b) Consultation with legal counsel employed or retained by public body regarding
specific legal matters requiring provision of legal advice by such counsel
Legal Authority: Virginia Code § 2.2-3711(A)(7)
Subject: Project Box
Purpose: Discussion of Potential Prospective Business Incentive
Package
PS
(c) Consultation with legal counsel employed or retained by public body regarding
specific legal matters requiring provision of legal advice by such counsel
Legal Authority: Virginia Code § 2.2-3711(A)(7)
Subject: Project Turtle
Purpose: Discussion of Potential Prospective Business Incentive
Package
(d) Consultation with legal counsel employed or retained by public body regarding
specific legal matters requiring provision of legal advice by such counsel
Legal Authority: Virginia Code § 2.2-3711(A)(7)
Subject: Project Sorter
Purpose: Discussion of Potential Local Performance Agreement
(e) Discussion or consideration of the acquisition of real property for a public purpose,
where discussion in an open meeting would adversely affect the bargaining position
or negotiating strategy of the public body.
Legal Authority: Virginia Code § 2.2-3711(A)(3)
Subject: Project CCC
Purpose: Discussion of Potential Acquisition of Parks and
Recreation Property/Facility
8. Recess to Business Meeting (arrive in General District Courtroom prior to 7pm)
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PITTSYLVANIA COUNTY
Board of Supervisors
Work Session
EXECUTIVE SUMMARY
AGENDA TITLE:I AGENDA DATE: ITEM NUMBER:
Legislative Committee; Animal Fencing 3/21/17 6(a)
REOUEST: I ACTION:
For the BOS' Review and Consideration Undetermined
STAFF CONTACTS: I ATTACHMENTS:
Mr. Boswell; Mr. Hunt Yes (various)
BACKGROUND/DISCUSSION:
Currently in the County, per Pittsylvania County Code § 2-3, only horses, mules, cattle, hogs,
sheep, and/or goats are required to be fenced. On February 22, 2017, the Legislative Committee
("LC") met on several topics, one of them being expanding the County's animal fencing
requirement to include fowls and other animals. At said meeting, the LC, due to the potential
controversy and large impact this decision could have on the County, referred this matter to the
full Board of Supervisors (`BOS") for discussion and review during the present Work Session.
Attached please find information to assist the BOS in any potential decision related hereto.
RECOMMENDATION:
For the BOS' review and consideration.
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PITTSYLVANIA COUNTY CODE
CHAPTER 2
ANIMALS AND FOWL
Article I.
General Considerations
§ 2-1. Burial or Cremation of Animals or Fowl
§ 2-2. Bird Sanctuary
§ 2-3. Fencing on Animals
- M.
§ 2-4. Definitions Generally
§ 2-5. Positions of Animal Control Officer Created
§ 2-6. Amount of License Tax
§ 2-7. When License Tax Payable
§ 2-8. Payment of License Tax Subsequent to Summons
§ 2-9. Effect of a Dog Not Wearing Collar as Evidence
§ 2-10. How to Obtain License
§ 2-11. What Dog License Shall Consist of
§ 2-12. Duplicate License Tags
§ 2-13. Displaying Receipts: Dogs to Wear Tags
§ 2-14. Dogs Deemed Personal Property; Rights Relating Thereto
§ 2-15. Dogs Killing, Injuring or Chasing Livestock or Poultry
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§ 2-16.
Killing Unlicensed Dogs
§ 2-17.
Disposal of Dead Dogs
§ 2-18.
Unlawful Acts: Penalties
§ 2-19.
Dangerous Dogs and Vicious Dogs
§ 2-20.
Compensation for Livestock and Poultry Killed by Dogs
§ 2-21.
Severability Clause
§ 2-22.
Running at Large Restrictions in Designated Areas
§ 2-23.
Females in Season Running at Large
§ 2-24.
Impoundment Where Running at Large
§ 2-25.
Evidence showing inoculation for rabies prerequisite to obtaining dog license
§ 2-25.1. Rabies inoculation of dogs; availability of certificate
Article III.
cats
§ 2-30. Vaccination of cats; certificate required; impoundment of unvaccinated cats
Article IV.
Waterfowl
§ 2-35. Prohibit and Restrict Feeding of Migratory and Non -Migratory Waterfowl
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si ,
An Ordinance to repeal Chapter 2, Articles I and II, Sections 2-1 through 2-20 of the Code of Laws
of Pittsylvania County, and to re-enact the same with certain changes, modifications, additions,
deletions, and amendments.
ORDINANCE
Be it ordained by the Board of Supervisors of Pittsylvania County, Virginia, that Chapter 2, Articles I
and II of the Code of Laws of Pittsylvania County, Virginia, be repealed, and be re-enacted as
Chapter 2, Articles I and II together with certain changes, modifications, additions, deletions and
amendments.
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CHAPTER 2
Article 1•
LU"ZI- 1l 1FAI X11UJ7
1' 11 u 1, 1 ► 1' 1
The owner of any animal or grown fowl, which has died from disease or otherwise, when he
knows of such death, shall forthwith have its body cremated or buried.
2. Any person violating the provisions of this section shall be subject to a fine not exceeding twenty
($20.00) dollars for each offense.
3. The above ordinance is adopted pursuant to the authority granted by the Code of Virginia of
1950, as amended.
me"AVIIJ
The following described real estate in Tunstall Magisterial District is hereby set-aside as an area for a
Bird Sanctuary.
Sanclmaa established. Beginning at a point corner with the southern right of way of the Old
Martinsville Rd., and the corporate limits of the City of Danville, Virginia; thence in a southerly
direction to the northern boundary of Route 58; thence along said Route 58 in a westerly direction
to the intersection of said Route 58 and the Old Martinsville Road at Callahan's Hill; thence in an
easterly direction along the southern boundary of the old Martinsville Road to the point and place
of beginning.
2. Discharge of weapons prohibited. penalty. It shall be unlawful for any person to shoot or
otherwise discharge any rifle, pistol, shotgun, bow, crossbow, sling, slingshot, air gun, or other
weapon at, toward or upon any bird, or to otherwise injure or destroy any such bird or any nest or
egg thereof, within the sanctuary created by Paragraph 1 hereof. Any person violating any
provision of this section shall be guilty of a misdemeanor.
Posting sanctuary. The Commission of Game and Inland Fisheries may post such sanctuary,
provided that signs therefore can be obtained with cost to the State.
Provided, however, that existing hunting areas within said bird sanctuary as herein created are to be
excepted from the provisions of this ordinance, and if it becomes necessary in the opinion of the
County Game Warden to destroy certain birds which are a nuisance, then said Game Warden shall
have such authority.
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if .
SFC 2-3. FENCING OF ANIMALS:
The boundary line of each lot or tract of land is declared to be a lawful fence as to any horse, mule,
cattle, hogs, sheep or goats, and it shall be unlawful for the owner or manager of any said animals to
permit such animal to run at large beyond the limits of his own lands within Pittsylvania County.
CHAPTER 2
Article II.
DOGS
SEC. 24DEFINITIONS GENERALLY,
For the purpose of this article, the following words and phrases shall have the meanings respectively
ascribed to them by this section.
(a) Animal (`nntrol Officer. Any Animal Control Officer or deputy Animal Control Officer appointed
pursuant to Section 2-5.
(b) Enclosure. A structure used to house or restrict animals from running at large.
(c) Livestock. Cattle, horses, sheep, goats, swine and enclosed domesticated rabbits or hares.
(d) Count Administrator. The duly appointed County Administrator, his deputy, or other person
authorized to perform the duties imposed by this ordinance. (B.S.M. 5-2-88)
(e) Owner Any person having a right of property in any dog, subject to the provisions of this article,
and any person who keeps or harbors such dog, or has the dog in his care, or who acts as its
custodian, and any person who permits a dog to remain on or about any premises occupied by
him.
(f) Poultry. All domestic fowl, and game birds raised in captivity.
(g) Pound. A facility operated by the County for the prevention of cruelty to animals or for the
purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals.
(h) Boarding Kennel. A place or establishment other than a pound or shelter where animals not
owned by the proprietor are fed, sheltered and watered for a fee, but shall not include training or
show kennels.
(i) Person. Any individual, partnership, firm, joint-stock company, corporation, association, trust,
estate, or other legal entity.
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(j) Other Officer. All other persons employed or elected by the people of Virginia, or by any
municipality, county, or incorporated town therefore, whose duty is to preserve the peace, to
make arrests, or to enforce the law.
(k) Treasurer. The County Treasurer and his assistants or other officer designated by law to collect
taxes in the County.
(1) To Run at Large. A dog shall be deemed "to run at large" while roaming, running or self -hunting
off the property of its owner or custodian and not under its owner's or custodian's immediate
control, including chasing motor vehicles on a highway. (B.S.M. 5-2-88)
(m)Vaccinate Vaccinated or Vaccination. The immunization of a dog against rabies, whether by
inoculation, vaccination, or any other method of treatment approved by the County Health
Officer.
(n) Veterinarian. Any licensed veterinarian authorized to practice veterinary medicine in the State.
(o) Guide Dog. Lead Dog or Hearing Dog. Any dog that is trained and serves as a guide dog for a
blind person or that is trained and serves as a guide dog for a blind person or that is trained and
serves as a lead dog or guide dog for a deaf person or a hearing impaired person. A hearing dog
means a dog trained to alert its owner by touch to sounds of danger and sounds to which the
owner should respond.
SEC 2-5. POSITIONS OF ANIMAL CONTROL OFFICER CREATED
There is hereby created the position of Animal Control Officer, who shall have the power to enforce,
Chapter 64, Title 3.2 Code of Virginia of 1950, as amended, all laws for the protection of domestic
animals, the provisions of this ordinance and the Comprehensive Animal Laws of the Commonwealth
of Virginia. There is also created the position of Deputy Animal Control Officer who shall assist the
Animal Control Officer in dog inspection activities and in the enforcement of dog laws, animal
control and protection laws of Virginia. When in uniform or upon displaying a badge or other
credentials of office, Animal Control Officers and Deputy Animal Control Officers shall have the
power to issue a summons to any person found in the act of violating any such law or any ordinance
enacted pursuant to such law of the County for which the Animal Control Officer or Deputy Animal
Control Officer is appointed.
Animal Control Officers shall have knowledge of the comprehensive laws of Virginia governing
animals, and basic animal care, and shall complete training as required by the Commonwealth as set
forth in Section 3.2-6556 of the Code of Virginia. (B.S.M. 5-2-88)
Upon taking into custody any dog, the Animal Control Officer or the Deputy Animal Control Officer
shall fill out and complete in detail the Pinsylvania County Animal Custody Record, as then in
current use, together with such signatures thereon as maybe necessary. (B.S.M. 5-2-88)
For authority of this section, refer to Section 3.2-6555, Code of Virginia, 1950, as amended.
Adopted by the Board of Supervisors, 3/7/05.
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SEC 2-6. AMOUNT OF LICENSE TAX.
It shall be unlawful for any person to own a dog four (4) months old or older in this county unless
such a dog is licensed, as required by the provisions of this ordinance. Dog licenses shall run by the
calendar year, namely, from January 151, to December 315', inclusive, and the license tax shall be
payable at the Office of the Treasurer and shall be:
A. Male. For a male dog; five ($5.00) dollars for dogs and five ($5.00)
dollars for neutered dogs per dog.
B. Female. For a female dog; five ($5.00) dollars for a female dog and five
($5.00) dollars for an unsexed (successfully spayed) female.
C. Kennel.
(1). For a kennel of 1-20 dogs, forty ($40.00) dollars, regardless of sex.
(2). For a kennel of 21 or more dogs, fifty ($50.00) dollars, regardless of sex.
D. No license tax shall be levied against the owners of any guide dog, lead dog, or
hearing dog.
For authority of this section, refer to Section 3.2-6524, Code of Virginia, 1950, as amended.
Adopted by the Board of Supervisors, 3/7/05. (B.S.M. 4/19/05) Amended 12/18/07.
SFr 2-7. WHEN LICENSE TAX PAYABLE
(a) On January 151, and not later than January 3151, of each year the owner of any dog four (4) months
old or older shall pay a license tax as prescribed in Section 2-6.
(b) If a dog shall become four months of age or come into possession of any person between January
151, and November 1St, of any year the license tax for the current calendar year shall be paid
forthwith by the owner.
(c) If a dog shall become four months of age or come into the possession of any person between
October 31st, and December 3151, of any year the license tax for the succeeding calendaryear shall
be paid forthwith by the owner and this license shall protect the dog from the date of purchase.
M'WCWj M-01113", 1 u eR.
Payment of the license tax subsequent to a summons to appear before a court for failure to pay the
license tax within the time required should not operate to relieve such owner from the penalties
provided.
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EC. 2-9. EFFECT OF DOG NOT WEARING COLLAR AS EVIDENCE
Any dog not wearing a collar bearing a license tag of the proper calendar year shall prima facie be
deemed to be unlicensed and in any proceedings under this ordinance the burden of proof of the fact
that the dog has been licensed or is otherwise not required to bear a tag at that time, shall be on the
owner of the dog.
-10. HOW TO OBTAIN LICENSE.
Any person may obtain a dog license by making oral or written application to the Treasurer of the
County, accompanied by the amount of the license tax and certificate of vaccination as required by
this article. The Treasurer of other Officer charged with the duty of issuing dog licenses shall only
have authority to license dogs of resident owners or custodians who reside within the boundary limits
of the county and may require information to this effect from the applicant. Upon receipt of proper
application and certificate of vaccination as required by this article, the Treasurer or other Officer
charged with the duty of issuing dog licenses shall issue a license receipt for the amount on which he
shall record the name and address of the owner or custodian, the date of payment, the year for which
issued, the serial number of the tag, whether male, unsexed female, female or kennel, and deliver the
metal license tag or plate provided herein. The information thus received, shall be retained by the
Treasurer and open to the public for inspection during the period for which such license is valid. The
Treasurer may establish substations in convenient locations in the county and appoint agents for the
collection of the license tax and issuance of such licenses.
SEC 11WHAT DOG LICENSE SHALL CONSIST OF
A dog license shall consist of a license receipt and a metal tag. The tag shall be stamped or otherwise
permanently marked to show the name Pittsylvania County, the sex of the dog, the calendar year for
which issued and bear a serial number.
EC. 2-12. DUPLICATE LICENSE TAG
If the dog license shall become lost, destroyed, or stolen, the owner of custodian shall at once apply
to the Treasurer or his Agent who issued the original license for a duplicate license tag, presenting the
original license receipt. Upon affidavit of the owner or custodian before the Treasurer or his Agent
that the original license tag has been lost, destroyed, or stolen, he shall issue a duplicate license tag
which the owner or custodian shall immediately affix to the collar of the dog. The Treasurer or his
Agent shall endorse the number of the duplicate and the date issued on the face of the original license
receipt. The fee for a duplicate tag shall be two ($2.00) dollars. (B.S.M. 4/19/05)
SEC 2-13, DISPLAYING RECEIPTS• DOCS TO WEAR TAGS
Dog license receipts shall be carefully preserved by the licensee and exhibited promptly on request
for inspection any Animal Control Officer or other officer. Dog license tags shall be securely
fastened to a substantial collar by the owner or custodian and worn by such dog. It shall be unlawful
for the owner to permit any license dog four months old or older to run or roam at large at any time
without a license tag. The owner of the dog may remove the collar and license tag required by this
PIS
section (i) when the dog engaged in lawful hunting, (ii) when the dog is competing in a dog show,
(iii) when the dog has a skin condition which would be exacerbated by the wearing of a collar, (iv)
when the dog is confined, or when the dog is under immediate control of its owner.
SEC. 2-14, DOGS DEEMED PERSONAL PROPERTY: RIGHTS RELATING THERETO
All dogs shall be deemed personal property and may be the subject of larceny and malicious or
unlawful trespass. Owners may maintain any action for the killing of any such dogs, or injury
thereto, or unlawful detention or use thereof as in the case of other personal property. The owner of
any such dog which is injured or killed contrary to the provisions of this chapter by any person shall
be entitled to recover the value thereof or the damage done thereto in an appropriate action at law
from such person.
Any Animal Control Officer or other officer finding a stolen dog, or a dog held or detained contrary
to law. Shall have authority to seize and hold such dog pending action before the General District
Court or other court. If no such action is instituted within seven days, the Animal Control Officer or
other officer shall deliver the dog to its owner.
The presence of a dog on the premises of a person other than its legal owner shall raise no
presumption of theft against the owner and the Animal Control Officer may take such dog in charge
and notify its legal owner to remove him. The legal owner of the dog shall pay a reasonable charge
as specified by the Board of Supervisors for the keep of such dog while in the possession of
the Animal Control Officer.
SEC 2-15, DOGS KILLING, INJURING, OR CHASING LIVESTOCK OR POULTRY.
It shall be the duty of any Animal Control Officer or other officer who may find a dog in the act of
killing or injuring livestock or poultry to kill such dog forthwith whether such dog bears a tag or not.
Any person finding a dog committing any of the depredations mentioned in this section shall have the
right to kill such dog on sight, as shall any owner of livestock or his agent finding a dog chasing
livestock on land utilized by the livestock when the circumstances show that such chasing is harmful
to the livestock. Any court shall have the power to order the Animal Control Officer or other officer
to kill any dog known to be a confirmed livestock or poultry killer, and any dog killing poultry for the
third time shall be considered a confirmed poultry killer.
Any Animal Control Officer who has reason to believe that any dog is killing livestock or poultry
shall be empowered to seize such dog solely for the purpose of examining such dog in order to
determine whether it committed any of the depredations mentioned herewith. Any Animal Control
Officer or other person who has reason to believe that any dog is killing livestock, or committing any
of the depredations mentioned in this section, shall apply to a magistrate of the county, wherein such
dog may be, who shall issue a warrant requiring the owner or custodian, if known, to appear before a
general district court at a time and place named therein, at which time evidence shall be heard. If it
shall appear that the dog is a livestock killer, or has committed any of the depredations mentioned in
this section, the district court shall order that the dog be killed immediately, by the Animal Control
Officer or other officer designated by the court.
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DOG KILLING OTHER DOMESTIC ANIMALS OTHER THAN LIVESTOCK OR
POULTRY,
Any Animal Control Officer who has reason to believe that any dog is killing other dogs or domestic
animals other than livestock or poultry shall apply to a magistrate of the county for the issuance of a
warrant requiring the owner or custodian, if known, to appear before the general district court at a
specified time. The Animal Control Officer or owner shall confine the dog until such time as
evidence shall be heard and a verdict rendered. If it appears from the evidence that the dog has
habitually killed other dogs or domestic animals, the court may order the dog killed.
SEC 2-16 KIL.L.ING UNLICENSED DOGS.
It shall be the duty of the Animal Control Officer to kill any dog of unknown ownership found
running at large on which license has not been paid; provided, that the Animal Control Officer may
deliver such dog to any person in this county who will pay the required license fee on such dog, with
the understanding that should the legal owner thereafter claim the dog and prove his ownership, he
may recover such dog by paying to the person to whom it was delivered by the Animal Control
Officer, the amount of the license fees paid by him and a reasonable charge for the keep of the dog
while in his possession. Any person, Animal Control Officer, or other officer killing a dog under this
chapter shall cremate or bury the same.
CFC 2-17 DISPOSAL OF DEAD DOGS
The owner of any dog, which has died from disease or other cause, shall forthwith cremate or bury
the same. If, after notice, any owner fails to do so, the Animal Control Officer or other officer shall
bury or cremate the dog, and he may recover on behalf of the county from the owner his cost for this
service.
CFC 2-18UNLAWFUL ACTS: PENALTIES
(a) The following shall be unlawful acts and constitute Class 4 misdemeanors:
(1) False statements on license application For any person to make a false statement in order to
secure a dog license to which he is not entitled.
(2) Failure to pay license tax. For any dog owner to fail to pay the license tax required by this
chapter before February 15', for the year in which it is due.
(3) Running at large. For any dog owner to allow a dog to run at large in violation of Section 2-
19.
(4) Dead Does. For any owner to fail to dispose of the body of his dog in violation of Section 2-
17.
(5) Diseased Doggy. For the owner of any dog with a contagious or infectious disease to permit
such dog to stray from his premises if such disease is known to the owner.
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(6) Removing Collar and Tag. For any person, except the owner or custodian, to remove a
legally acquired license tag from a dog.
(7) Concealing a Dog. For any person to conceal or harbor any dog on which the license tax has
not been paid, or to conceal a mad dog to keep the same form being killed.
(8) Other violations. To permit a dog to chase motor vehicles on a public highway. (B.S.M. 5-
2-88) (B.S.M. 3-7-05)
(b) The following act shall be punished as a Class 1 misdemeanor: False Claim. For any person to
present a false claim or to receive any money on a false claim under the provisions of the Code of
Virginia.
1.1 • 1 I 1 11 1 1 11
(a) As used in this section:
"Dangerous dog" means a canine or canine crossbreed that has bitten, attacked, or inflicted
injury on a person or companion animal that is a dog or cat or killed a companion animal that is a
dog or a cat. However, when a dog attacks or bites another dog or cat, the attacking or biting dog
shall not be deemed dangerous (i) if no serious physical injury as determined by a licensed
veterinarian has occurred to the other dog or cat as a result of the attack or bite (ii) both animals
are owned by the same person, (iii) if such attack occurs on the property of the attacking or biting
dog's owner or custodian, or (iv) for other good cause as determined by the court. No dog shall
be found to be a dangerous dog as a result of biting, attacking or inflicting injury on another dog
while engaged with an owner or custodian as part of lawful hunting or participating in an
organized, lawful dog handling event. (B.S.M. 4/17/07)
"Vicious dog" means a canine or canine crossbreed that has (i) killed a person; (ii) inflicted
serious injury to a person including multiple bites, serious disfigurement, serious impairment of
health, or serious impairment of a bodily function; or (iii) continued to exhibit the behavior that
resulted in a previous finding by a court or, on or before July 1, 2006, by an animal control
officer as authorized by local ordinance, that it is a dangerous dog, provided that its owner has
been given notice of that finding.
No canine or canine crossbreed shall be found to be a dangerous dog or a vicious dog solely
because it is a particular breed, nor shall the ownership of a particular breed of canine or canine
crossbreed be prohibited. No animal shall be found to be a dangerous dog or vicious dog if the
threat, injury or damage was sustained by a person who was (i) committing, at the time, a crime
upon the premises occupied by the animal's owner or custodian, (ii) committing, at the time, a
willful trespass upon the premises occupied by the animal's owner or custodian, or (iii)
provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly
provoked, tormented, abused, or assaulted the animal at other times. No police dog that was
engaged in the performance of its duties as such at the time of the acts complained of shall be
found to he a dangerous dog or a vicious dog. No animal which, at the time of the acts
complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring,
P18
a person, or its owner's or custodian's property, shall be found to be a dangerous dog or a
vicious dog.
(b) Disposition of vicious dogs and dangerous dogs:
(1) Any Law Enforcement Officer or Animal Control Officer who has reason to believe that a
canine or canine crossbreed within his jurisdiction is a dangerous dog or vicious dog shall
apply to a magistrate of the jurisdiction for the issuance of a summons requiring the owner or
custodian, if known, to appear before a general district court at a specified time. The
summons shall advise the owner of the nature of the proceeding and the matters at issue. If a
Law Enforcement Office successfully makes an application for issuance of a summons, he
shall contact the local animal control officer and inform him of the location of the dog and the
relevant facts pertaining to his belief that the dog is dangerous or vicious. The Animal
Control Officer shall confine the animal until such time as evidence shall be heard and a
verdict rendered. If the Animal Control Officer determines or custodian can confine the
animal in a manner that protects the public safety, he may permit that the owner or custodian
to confine the animal until such time as evidence shall be heard and a verdict rendered. The
court, through its contempt powers, may compel the owner, custodian or harborer of the
animal to produce the animal. If, after hearing the evidence, the court finds that the animal is
a dangerous dog, the court shall order the animal's owner to comply with the provisions of
this ordinance. If, after hearing the evidence, the court finds that the animal is a vicious dog,
the court shall order the animal euthanized in accordance with the provisions of §3.2-6562,
Code of Virginia, 1950, as amended, and the same from time to time be amended.
(2) If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or legal
guardian shall be responsible for complying with all requirements of this section.
(3.)The owner of any animal found to be a dangerous dog shall, within ten (10) days of such
finding, obtain a dangerous dog registration certificate from the local Animal Control Officer
or treasurer for a fee of fifty ($50.00) dollars, in addition to other fees that may be authorized
by law. The local Animal Control Officer or treasurer shall also provide the owner with a
uniformly designed tag that identifies the animal as a dangerous dog. The owner shall affix
the tag to the animal's collar and ensure that the animal wears the collar and tag at all times.
All certificates obtained pursuant to this subdivision shall be renewed annually for the same
fee and in the same manner as the initial certificate was obtained. The Animal Control Officer
shall provide a copy of the Dangerous Dog Registration Certificate and verification of
compliance to the State Veterinarian
(4) All certificates or renewals thereof required to be obtained under this section shall only be
issued to persons 18 years of age or older who present satisfactory evidence (i) of the
animal's current rabies vaccination, if applicable, (ii) that the animal has been neutered or
spayed, and (iii) that the animal is and will be confined in a proper enclosure or is and will be
confined inside the owner's residence or is and will be muzzled and confined in the owner's
fenced -in yard until the proper enclosure is constructed. In addition, owners who apply for
certificates or renewals thereof under this section shall not be issued a certificate or renewal
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thereof unless they present satisfactory evidence that (i) their residence is and will continue to
be posted with clearly visible signs warning both minors and adults of the presence of a
dangerous dog on the property and (ii) the animal has been permanently identified by means
of a tattoo on the inside thigh or by electronic implantation. All certificates or renewals
thereof required to be obtained under this Section shall only be issued to persons who present
satisfactory evidence that the owner has liability insurance coverage, to the value of at least
one hundred thousand ($100,000.00) dollars that covers animal bites. The owner may obtain
and maintain a bond in surety, in lieu of liability insurance, to the value of at least one
hundred thousand ($100,000.00) dollars.
(5) While on the property of its owner, an animal found to be a dangerous dog shall be confined
indoors or in a securely enclosed and locked structure of height and design to prevent its
escape or direct contact with or entry by minors, adults, or other animals. The structure shall
be designed to provide the animal with shelter from the elements of nature. When off its
owner's property, an animal found to be a dangerous dog shall be kept on a leash and
muzzled in such a manner as not to cause injury to the animal or interfere with the animal's
vision or respiration, but so as to prevent it from biting a person or another animal.
(6) The owner of any dog found to be a dangerous shall register the animal with the
Commonwealth of Virginia Dangerous Dog Registry, as established under Section 3.2-6542,
within forty-five (45) days of such a finding by a court of competent jurisdiction.
The owner shall also cause the local animal control officer to be promptly notified of (i) the
names, addresses, and telephone numbers of all owners; (ii) all of the means necessary to
locate the owner and the dog at any time; (iii) any complaint or incidents of attack by the dog
upon any person or cat or dog; (iv) any claims made or lawsuits brought as a result of any
attack; (v) tattoo or chip identification information or both; (vi) proof of insurance or surety
bond; and (vii) the death of the dog.
(7) After an animal has been found to be a dangerous dog, the animal's owner shall immediately,
upon learning of the same, notify the local animal control authority if the animal (i) is loose
or unconfined; (ii) bites a person or attacks another person; (iii) is sold, given away, or dies.
Any owner of a dangerous dog who relocates to a new address shall, within ten (10) days of
relocating, provide written notice to the appropriate local animal control authority for the old
address from which the animal had moved and the new address to which the animal has been
moved.
(8) All fees collected pursuant to the ordinance, less the costs incurred by the animal control
authority in producing and distributing the certificates and tags required by the ordinance,
shall be paid into a special dedicated fund in the treasury of the locality for the purpose of
paying the expenses of any training course required under §3.2-6556, of the Code of Virginia,
1950, as the same may from time to time be amended.
(9) The owner of any custodian of a canine or canine cross -breed or other animal is guilty
of a:
1. Class 2 misdemeanor if the canine or the canine cross -breed previously declared a
dangerous dog pursuant to this Section, when such declaration arose out of a separate and
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distinct incident, attacks and injures of kills a cat or dog that is a companion animal
belonging to another person;
2. Class 1 misdemeanor if the canine or the canine cross -breed previously declared a
dangerous dog pursuant to this Section, when such declaration arose out of a separate and
distinct incident, bites a human being or attacks a human causing bodily injury; or
3. Class 6 felony as provided for in the Code of Virginia if any owner or custodian whose
willful act or omission in the care, control or containment of a canine, canine cross -breed
or other animal is so gross, wanton, and culpable as to show a reckless disregard for
human life, and is the proximate cause of such dog or other animal attacking and causing
serious bodily injury to a person.
The provisions of this subsection shall not apply to any animal that, at the time of the acts
complained of, was responding to pain or injury or was protecting itself, its kennel, its
offspring, a person, or its owner's or custodian's property, or when the animal is a police
dog that is engaged in the performance of its duties at the time of the attack.
(10) The owner of any animal that has been found to be a dangerous dog who willfully fails to
comply with the requirements of this Section shall be guilty of a Class 1 misdemeanor.
(B.S.M. 4-17-07)
(c) The Animal Control Officer may determine, after investigation, whether a dog is a dangerous
dog. If the animal control officer believes that a dog is a dangerous dog, he may order the
animal's owner to comply with the provisions of this ordinance. If the animal's owner disagrees
with the Animal Control Officer's determination, he may appeal the determination to the General
District Court for a trial on the merits.
Adopted by the Board of Supervisors, 3/7/05.
(B.S.M. 4-17-07) (AS.M.12-18-07)(B.S.M. I -1S-08)
SEC 2-20 COMPENSATION FOR LIVESTOCK AND POULTRY KILLED BY DOGS
Any person who has any livestock or poultry killed or injured by any dog not his own shall be
entitled to receive as compensation the fair market value of such livestock or poultry not to exceed
four hundred ($400.00) dollars per animal or ten ($10.00) dollars per fowl to the extent budgeted for
the fiscal year, provided that (i) claimant has furnished evidence within Sixty (60) days of discovery
of the quality and value of the dead or injured livestock and the reasons the claimant believes that
death or injury was caused by a dog; (ii) the Animal Control Officer or other officer shall have
conducted an investigation and that his investigation supports the claim (B.S.M. 5-2-88) (B.S.M.
4/19/05)
Under this section, the County Administrator is authorized to receive claims for compensation for
livestock and poultry killed by dogs, together with reports made by the Animal Control Officer
investigating the killing of livestock and poultry by dogs. The County Administrator shall process
the claim and determine the fair market value of the livestock or poultry killed, and, if the claim is
supported by the warden's investigation, shall approve the claim and submit the same to the
Treasurer of Pittsylvania County for payment to the person entitled. (B.S.M. 5-2-88)
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SEC 2-21, SEVER_AHILITY CLAUSE
It is hereby declared to be the intention of the Board of Supervisors that the sections, paragraphs,
sentences, clauses, and phrases of this Ordinance are severable, and if any phrase, clause, sentence,
paragraph, or section of this Ordinance shall be declared unconstitutional or invalid by the valid
judgment or decree of a Court of competent jurisdiction, such unconstitutionality or invalidity shall
not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this
Ordinance. (Code 1975, Sec.1-3)
SEC 2-22, RUNNING Al LARGE RESTRICTIONS IN DESIGNATED AREAS
(a) Notwithstanding the provisions of Section 2-13, it shall be unlawful for any dogs, licensed or
unlicensed to run at large within certain designated subdivisions, towns, villages, or other defined
areas. (B.S.M. 4/19/05)
(b) A majority of the property owners in any subdivision, town, village, or other defined area within
Pittsylvania County may petition the Board of Supervisors to be included among those areas
within which it is unlawful for dogs to run at large. Upon receipt of such petition, the Board shall
consider (1) whether the petition is signed by a majority of the property owners within the area,
and (2) whether the area is well enough defined to permit adequate enforcement by the Animal
Control Officer. Thereafter, the Board shall vote upon the petition. If a majority of the members
of the Board vote in favor of the petition, the area designated therein shall be added to those on
file in the County Administrator's Office.
(c) The following areas shall be designated areas restricting dogs running at large.
(1) Quailwood Subdivision, off Orphanage Road in the Mt. Hermon area as recorded in Map
Book 43, Page 67 H, Section 2, Lots 1-26, 28 and 29.
(2) Fairfield Park Subdivision, off Highway 41 in the Mt. Hermon area as shown on maps
recorded in Map Book 14, Pg. 84, Sec. A, B, C, D; Pg. 31, Map Book 20, Pg. 65; Map Book
31, Pg. 98.
(3) Ridgecrest Park Subdivision, off Highway 41 in the Mt. Hermon area as shown on maps
recorded in Map Book 15, Pg. 51, Sec. A, B, C, D, E; Map Book 22, Pg. 17, Sec. A, B, C;
Map Book 33, Page 41, Sec. B, F; Map Book 33, Pg. 42, Sec. G.
(4) Olde Hunting Hills Subdivision, off Mt. Cross Road, Secondary Highway 750 as shown on
maps recorded in Map Book 23, Pg. 93, Sec. K., Sec. L -Lt. 7A, Sec. B -Lt. 18A; Map Book
13; Pg. 94 Sec's A -IA -3A, B-1-6, C-1-3; Map Book 16, Pg. 8, Sec's A-4, 5, B-18-24, L-1-7;
Map Book 26, Pg. 25, Sec's A, L, M; Map Book 37, Pg. 49, Sec's L, M, N; Map Book 39, Pg.
12, Sec's A, M, N, P; Map Book 40, Pg. 188, Sec's A, P; Map Book 14, Pg. 65, Sec's D, E.
(5) Laurel Woods Subdivision, off Golf Club Road in the Mt. Hermon area as recorded in Map
Book 21, Page 7, Sections A, B; Map Book 40, Page 17. (B.S.M. 7/19/05 effective 9/1/05)
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(6) Mountain View Place Subdivision, off R & L Smith Drive, State Route 863, as recorded in
Deed Book 848, Page 748, Sections A & B, Plat Book 43, Page 148-L, Tax I.D. 4125-A-47,
Zoning R-1. (B.S.M. 9/20/05 effective 10/21/05).
(7) Stoneridge Subdivision, off Pinecroft Road, State Road 747, as recorded in Deed Book 1176,
Page 102; DB 1309, Pg 651; DB 1324, Pg 662; DB 1330, Pg 490; DB 1332, Pg 729; DB
1352, Pg 090; DB 1353, Pg 124; DB 1354, Pg 457; DB 1402, Pg 140; DB 1403, Pg 858; DB
1431, Pg 623; DB 1443, Pg 406; DB 1452, Pg 400; DB 1455, Pg 622; DB 1461, Pg 219; DB
1475, Pg 009; DB 1478, Pg 617; DB 1499, Pg 646; DB 1511, Pg 605; DB 1513, Pg 488; DB
1522, Pg 850. (B.S.M. 7/18/06)
(8) A portion of Stony Mill Road, beginning at the intersection of SR 869 & SR 844 and ending
at the Stony Mill Bridge at Sandy River. A map is available for viewing in the office of the
County Administrator, 21 North Main Street, Chatham, Virginia.
(9) Mt. Hermon Place Subdivision, from Samuel Road to the end of Pepper Lane, and the cul-de-
sacs of Samuel Road, Samuel Ct., Samuel Bend, and Franklin Place as recorded in MB 39, Pg
199; DB 840, Pg 323; MB 40, Pg 84; MB 43, Pg 139B; MB 43, Pg 26J; MB 39, Pg 55; MB
40, Pg 13; MB 42, Pg 193; MB 43, Pg 21C; MB 43, Pg 30G; MB 43, Pg 170B; MB 42, Pg
142. A map is available for viewing in the office of the County Administrator, 21 North Main
Street, Chatham, Virginia. (B.S.M. 10/21/08 effective 11/03/08)
(10) Huckleberry Hills Subdivision, from Blue Ridge Drive/SR 634 to end of Banley Street/SR
980, as recorded in DB 1191, Pg 581; DB 1191, Pg 578; DB 606, Pg 164; DB 587, Pg 113;
DB 1268, Pg 052; DB 1463, Pg 643; DB 1202, Pg 782; DB 586, Pg 46; DB 998, Pg 609; DB
533, Pg 583; DB 557, Pg 487; DB 1025, Pg 004; DB 894, Pg 124; DB 551, Pg 547; WF 09,
Pg 00134; including 250 feet around 125 Banleys Street #2532-73-2915 in the Staunton
River District, A map is available for viewing in the office of the County Administrator, 21
North Main Street, Chatham, Virginia. (B.S.M. 5/19/09)
(11) Dogwood Estates Subdivision including the entire subdivision from Ridgecrest Drive (SR
744), along Dogwood Lane (SR 1540), along all of Maple Drive (SR 1541), along all of John
Drive (SR 1558) and to the end of Allen Place (SR 1559) as recorded in MB 43, Pg 63C; MB
29, Pg 53 MB 43, Pg 156K; MB 43, Pg 156J; Plat Cabinet 2, Pg 232C. A map is available for
viewing in the office of the County Administrator, 21 North Main Street, Chatham, Virginia.
(B.S.M. 4/17/12)
(12) Wayside Acres Subdivision, from Hillside Road (Route 1115), to Hogan Street, to Ridgeview
Road (Route 1114) MB 2, Pg 100, including 011ie S. Short Subdivision, DB 415, Pg 344 and
Pg 345. A Map is available for viewing in the Office of the County Administrator, located at
1 Center Street, Chatham, Virginia. (B.S.M. 11/05/12)
(13) Sunset Bay Subdivision, from Rose Street (SR 758) to the Sandy Court cul-de-sac, along
Sunset Bay Road to the Crestview Lane cul-de-sac as recorded in MB 43, Pg. 287E; MB 43,
Pg. 251G and MB 43, Pg. 251 H. A Map is available for viewing in the Office of the County
Administrator, located at I Center Street, Chatham, Virginia. (B.S.M. 2/19/2013)
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IJ
(14) Lakeside Drive the entire length Lakeside Drive coming off U.S. 29N thru its entire length of
2051.18 feet upon reaching the deadend, in the Banister Electoral District. A Map is available
for viewing in the Office of the County Administrator, located at 1 Center Street, Chatham,
Virginia. (B.S.M. 1/21/14)
(15) Restriction in Designated Areas, to include Jasper Woods Road in Hurt, Virginia, with a
controlled area defined as from Highway View Road/SR 988 to Jasper Wood Road/ SR 753,
and ending at Shula Drive/SR 642. (B.S.M.12/15/2015)
SEC 2-23, FEMALES IN SEASON RUNNING AT LARGE
It shall be unlawful for the owner of any female dog to permit such dog to stray from his premises,
while such dog is known to such owner to be in season. During the entire time such dog is in season
she shall be confined, restricted or penned up in a building or a secure enclosure adequate to prevent
the animal from ruining at large. Tethering of a female dog in season not under the direct supervision
and control of the owner or custodian shall not be considered adequate confinement.
For authority of this section, refer to Section 3.2-6538, Code of Virginia, 1950, as amended.
Adopted by the Board of Supervisors, 3/7/05.
EC. 2-24. IMPOUNDMENT WHERE RUNNING AT LARGE
(a) It shall be the duty of the Animal Control Officer or other officer to cause any dog found running
at large in violation of any provisions of this Chapter to be caught and confined in the County
animal shelter. Every effort shall be made on the part of such officer to determine ownership of
the confined dog and to notify the owner of its whereabouts. If the owner is known by the virtue
of a nametag, license or other identification on the dog, such owner shall be notified forthwith by
the person taking the dog into custody.
(b) A dog confined, pursuant to this Chapter may be claimed by the rightful owner, after displaying
proof of ownership, a current dog tag and current rabies inoculation proof. No dog shall be
released to any person claiming ownership, unless such tag and proof are displayed.
Any owner claiming a dog impounded under this Chapter shall pay to the person in charge of the
animal shelter a fee in an amount equal to the actual expenses incurred in keeping the dog
impounded. Such fee shall be in addition to any penalty imposed for the violation of this article
and shall be paid prior to release of the dog from the shelter. The person collecting such fee shall
furnish the owner of the dog with a written receipt, in a form and manner approved by the County
Administrator, and shall keep a carbon copy of all such receipts in a bound book, which shall be
turned over to the County Treasurer when the book is filled and shall be subject to audit by
representatives of the Board of Supervisors whenever requested. All such fees shall be disposed
of in the same manner as dog license taxes.
(c) Dogs impounded under this Chapter may be disposed of after a waiting period of seven (7) days
from the time notice was given to the owner or, if the owner cannot be located, seven (7) days
after impoundment. Nothing herein shall be construed to prohibit the destruction of critically ill
or critically injured dogs for humane purposes.
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{
SEC 2-25 EVIDENCE SHOWING INOCULATION FOR RABIES PREREQUISTE TO
OBTAINING DOG LICENSE.
No license tag shall be issued for any dog unless there is presented, to the Treasurer or other officer
of the county charged by law with the duty of issuing license tags for dogs at the time application for
license is made, evidence satisfactory to him showing that such dog has been inoculated or
vaccinated against rabies by a currently licensed Veterinarian or currently licensed Veterinary
Technician who was under the immediate and direct supervision of a licensed Veterinarian on the
premises.
For authority of this section, refer to Section 3.2-6526, Code of Virginia, 1950, as amended.
Adopted by the Board of Supervisors, 3/7/05.
SEC, 2-25.1. RABIES INOCULATION OF DOGS; AVAILABILITY OF CERTIFICATE.
The owner or custodian of all dogs four (4) months of age and older shall have them currently
vaccinated for rabies by a licensed Veterinarian or licensed Veterinary Technician who is under the
immediate and direct supervision of a licensed Veterinarian on the premises. The supervising
Veterinarian on the premises shall provide the owner of the dog with a certificate of vaccination. The
owner of the dog shall furnish within a reasonable period of time, upon the request of an Animal =
Control Officer, Humane Investigator, Law-enforcement Officer, State Veterinarian's Representative,
or official of the Department of Health, the certificate of vaccination for such dog. The vaccine used
shall be licensed by the United States Department of Agriculture for use in that species.
For authority of this section, refer to Section 3.2-6521, Code of Virginia, 1950, as amended.
Adopted by the Board of Supervisors, 3/7/05
CHAPTER 2
Article III.
CATS
(a) It shall be unlawful for any person to own, keep or harbor any domestic cat over the age of four
(4) months unless such cat has been vaccinated against rabies with a species appropriate vaccine
approved by the United States Department of Agriculture and administered by a licensed
Veterinarian, and has received any required vaccination against rabies as specified in the
Certificate of Vaccination.
(b) Upon vaccination or revaccination of a domestic cat as required by this Section, a Certificate of
Vaccination, properly executed and signed by the licensed Veterinarian performing the
vaccination, shall be issued to the cat's owner by the Veterinarian, who shall retain a copy of the
Certificate for his or her records.
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(c) The certificate issued pursuant to paragraph (B) of this section shall be NASPHV Form number
50 or its equivalent, or as the same shall be from time to time modified, and shall certify that the
cat has been vaccinated in accordance with this article, and shall include the following
information:
1. The date of the vaccination
2. The date for required revaccination
3. A brief description of the cat or its age, sex and breed; and
4. The name and address of the animal's owner.
(d) The certificate issued pursuant to subsection (B) of this section shall be preserved by the owner of
the cat and exhibited promptly upon request for inspection by the Animal Control Officer or any
Law enforcement officer.
(e) Any person bringing a domestic cat into the County from some other jurisdiction shall be
required to conform with the provisions of subsection (A) above within fifteen (15) days
subsequent to bringing such cat into the County.
(f) It shall be the duty of the persons charged with the enforcement of this chapter to impound any
cat which has not been vaccinated as required by the Section, and such cat shall be held for a
period of not less than five (5) days, unless the cat is rabid or suspected of being rabid, in which
case the cat shall be destroyed humanely and preserved and tested in accordance with acceptable
Health Department procedures.
(g) Any cat impounded pursuant to the Section which is not rabid or suspected of being rabid may be
redeemed by its owner at any time within the five (5) days following its impoundment by paying
an impoundment fee of fifteen dollars ($15.00) plus five dollars ($5.00) for each day or fraction
thereof during which the cat was impounded and the cost of any vaccination required to comply
with this Section, otherwise such cat shall be disposed of as is provided by law.
For authority for this Section, see Section 3.2-6524, Code of Virginia, 1950, as amended. (Adopted
by the Board of Supervisors on July 16, 2002)
CHAPTER 2
Article IV.
WATERFOWL
SEC. 2-35, PROHIBIT AND RESTRICT FEEDING OF MIGRATORY AND
NON -MIGRATORY WATERFOWL.
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c lb
(a) That upon notice to the Department of Game and Inland Fisheries, the feeding of migratory and
non -migratory waterfowl is hereby prohibited in Pittsylvania County in accordance with
subsection (c).
(b) For the purpose of this section, migratory and non -migratory waterfowl shall be those species
defined by the Virginia Department of Game and Inland Fisheries as any and all waterfowl in the
Family Anatidae (ducks, geese, and swans) including native, non-native, and domestic ducks and
geese, and any crossbreeds or hybrids of these birds and includes those species listed in the
attachment to this ordinance.
(c) This prohibition is applicable to those areas of Pittsylvania County that are so heavily populated
as to make the feeding of such waterfowl a threat to the public health or environment. Specific
areas include all areas within the waters or within five hundred (500) feet of the Smith Mountain
project shorelines.
(d) Specific areas cited within subsection (c) shall be posted with the appropriate signage to
designate the area where this section is applicable.
(e) Enforcement of this section shall be the sole responsibility of Pittsylvania County.
(f) Any person violating the provisions of this section shall be subject to a civil fine not to exceed
fifty ($50.00) dollars.
(g) No provision of this section shall be applicable on lands within a national or state park or forest,
or wildlife management area.
For authority for this Section, see Section 29.1-527.1 (2004, c.386), Code of Virginia, 1950, as
amended. (Adopted by the Board of Supervisors on April 19, 2005)
This ordinance was presented and adopted at a regular meeting of the Pittsylvania County
Board of Supervisors held on Monday. April 6 1987 in the Circuit Courtroom in Chatham
Virenin. The effective date of this ordinance is April 6 1987
This ordinance was amended at a regular meeting of the Pittsylvania County Board of
Supervisors held on Monday May 2 1988 in the Circuit Courtroom in Chatham. Virginia.
The effective date of these amendments is May 2, 1988.
This ordinance was amended at a regular meeting of the Pittsylvania County Board of
Supervisors on Tuesday. September 4,1990 in the Circuit Courtroom in Chatham Virginia
This ordinance was amended at an adiourned meeting of the Pittsylvania County Board of
Supervisors on Tuesday. September 17, 2002.
This ordinance was amended at a regular meeting of the Pittsylvania County Board of
Suunervisors on Monday. March 7 2005.
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Amended by the Board of Supervisors on September 18, 2007
Amended by the Board of Supervisara on December 18, 007
Amended by the Board of Supervisors on January 15 2008
Amended bythe Board of Supervisors on March 3, 0 8
Amended by the Board of SupervisQngn November i 2008
Amended by the Board of Supervison on May 19, 00
Amended by the Board of Supervisorl on January 19,2010o
Amended by the Board of Supervisors on April 17, 2012•
Amended by the Board of Supervisors on November , 2012
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Bedford County, VA Code of Ordinances
Sec. 4-83. - Lot lines declared fences as to livestock.
Page 1 of 1
The boundary lines of each lot or tract of land in the county shall constitute lawful fences as
to any livestock domesticated by man.
(Ord. No. 0-0709-128(RJ, 7-13-2009) 5
0003
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3/1/2017
Bedford County, VA Code of Ordinances� / Page 1 of 1
- _Logo
Sec. 4-104. - Livestock running at large.
(a) It shall be unlawful for the owner or person in control of any horse, mule, cattle, hog, sheep,
goat or fowl to permit any such animal to run at large in the county beyond the limits of his
own lands.
(b) Any person violating any provision of this section shall be guilty of a class 2 misdemeanor.
(Ord. No. 0-0709-128(R), 7-13-2009)
State law reference— Code of Virginia, § 3.1-796.94:1.
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3/1/2017
Halifax County, VA Code of Ordinance4ohigh6way!
Page 1 of 1
04/
Sec. 5-4. -Certain animals running at la etc.
(a) Animals dangerous to traff1c. It shall be unlawful for any owner or possessor of any horse,
cattle, hog, sheep or other animal negligently to drive such animal upon a public highway, or
to allow such animal to stray upon such highway, or to tie or graze such animal in such a way
as to be dangerous to traffic.
(b) Escape from confinement. It shall be unlawful for any such owner or possessor of such
animal negligently or knowingly to permit any animal to escape from confinement, or to
allow any gate to be left open or any fence to become in such condition as to be insufficient
to confine such animal.
(c) When unlawful foranimals to run at large. It shall be unlawful for the owner or manager of
any animal or type of animal described in Code of Virginia, § 55-306, to permit any such
animal, as to which the boundaries of lots or tracts of land have been or may be constituted a
lawful fence, to run at large beyond the limits of his own lands within the county, or portion
of such county wherein such boundaries have been constituted and shall be a lawful fence.
(d) Animalsmaynotrun atlarge after entry of order. After the expiration of ten days from the
date of entering such order it shall be unlawful for any animal specified in Code of Virginia, §
55-306, to run at large within such boundaries, and any person owning or having charge of
any such animal who shall permit the same to run at large within such boundaries shall be
guilty of a class 4 misdemeanor, each day such animal is permitted to run at large to
constitute a separate offense; and any such animal found running at large upon any street,
alley, road or other public ground within such boundaries may be taken up and impounded
by any person who may retain such animal in his custody until the expense of keeping such
animal shall have been paid.
(e) Dogs. This section shall not apply to dogs.
(Code 2000, § 4.2)
State Law reference— Authority to adopt this section, Code of Virginia, § 55-310.
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3/1/2017
Halifax County, VA Code of Ordinances Page 1 of 1
04Y
Sec. 5-3. - Boundary lines declared to be lawful fences.
Notice having been given as required by Code of Virginia, § 55-310, the board of supervisors
hereby declares the boundary line of each lot and tract of land within the county to be a lawful
fence as to any horse, mule, cattle, hog, sheep or goat.
(Code 2000, § 4.1)
State Law reference— Authority to adopt local fence law, Code of Virginia, §§ 55-310-55-316;
damages for trespass by animals in crossing lawful fences, Code of Virginia, §§ 55-306-55-309.
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3/1/2017
3%2017 Franklin Canty, VA Code of Or6nances
Sec. 4-1. - Confinement or fencing of livestock and fowl.
(a) It shall be unlawful for any person to allow or permit any livestock or poultry or other fowl of any
description owned by him or under his control to stray to any highway or public property or private
premises of another, and all livestock or poultry or other fowl shall be sufficiently confined or fenced by
the owner or person exercising control over the same so as to prevent the same from trespassing or
straying.
(b) A violation of this section shall constitute a Class 2 Misdemeanor.
(Ord. of 10-21-97)
Cross reference— Penalty for Class 2 Misdemeanor, § 1-11.
State Law reference— Authority of county to prevent animals from trespassing and running at large upon
public highways, Code of Virginia, § 15.1-512,
9
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main
Sec. 4-3. Livestock running at large
The boundary line of each lot or tract of land within the County is hereby declared to be a
lawful fence as to any of the animals mentioned in VA. CODE ANN. §55-306 (Repl. Vol. 2012), and
it shall be unlawful for the owner or manager of any animal or type of animal described in VA. CODE
ANN. §55-306 (Rept. Vol. 2012) to permit any such animal to run at large beyond the limits of his
own lands within the County. (4-1-57) (11-15-82)
For the purposes of this section, animals mentioned in VA. CODE ANN. §55-306 (Repl. Vol.
2012) shall include any livestock domesticated by man.
Violation of this section is a Class 4 misdemeanor punishable by a fine of not more than two
hundred fifty dollars ($250.00).
For state law authority to regulate running at large of
animals, see VA. CODE ANN. §15.2-1218 (Rept. Vol.
2012) and §32-6544 B (Repl. Vol. 2016). For authority
for penalty, see VA. CODE ANN. §3.2-6587 A. 9. (Repl.
Vol. 2016) and § 18.2-11 (Rept. Vol. 2014). As to No -
Fence Law, see VA. CODE ANN. §§55-310 to 55-316
(Rept. Vol. 2012).
[THE 1982 AMENDMENT repealed and reenacted this section.]
[THE AUGUST 7, 2000 AMENDMENT substituted "any of the animals mentioned in VA.
CODE ANN. §55-306" for "any animal or fowl," "owner or manager" for "owner and
manager," and "animal or type of animal described in VA. CODE ANN. §55-306 to permit
any such animal" for "such animal to permit such animal or fowl," all in the first paragraph,
and added the second paragraph.]
[THE JULY 6, 2004 AMENDMENT added the third paragraph.]
Sec. 4-3.1. Burial or cremation of animals or fowls which have died.
(a) When the owner of any animal or grown fowl which has died knows of such death,
such owner shall forthwith have its body cremated or buried, or request such service from an officer or
other person designated for the purpose. If the owner fails to do so, any judge of a general district
court, after notice to the owner if he can be ascertained, shall cause such animal or fowl to be
cremated or buried by any officer or other person designated for such purpose. Such officer or other
person shall be entitled to recover of the owner of every such animal or fowl that is cremated or buried
the actual cost of the cremation or burial and a reasonable fee to be recovered in the same manner as
such officers' fees are recovered, free from all exemptions in favor of such owner.
(b) Any person violating the provisions of this section shall be guilty of a misdemeanor
which shall be punishable by a fine of not more than two hundred fifty dollars ($250.00).
(c) Nothing in this section shall be deemed to require the burial or cremation of the whole
or portions of any animal or fowl which is to be used as food or in any commercial manner. (8-17-81)
12/6/16
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3112017
Sec. 5-300. - Fence law declared.
Herry Canty, VA Code d 0niwres
The Board of Supervisors hereby declares the boundary line of each lot and tract of land in the county
to be a lawful fence as to any and all animals mentioned in Code of Virginia, § 55-306.
(Ord. of 1-25-05)
Sec. 5-301. - Confinement or fencing of livestock and fowl.
A. It shall be unlawful for any person to knowingly allow or permit any livestock or poultry or other fowl of
any description owned by him or under his control to repeatedly stray into any public highway or public
property or private premises of another, and all livestock or poultry or fowl shall be sufficiently confined
or fenced by the owner or person exercising control over the same so as to prevent the same from
trespassing or straying.
B. A violation of this [section] shall constitute a misdemeanor punishable by up to a two hundred fifty
dollar ($250.00) fine.
(Ord. of 1-25-05)
IGVR1 Coo
hops:/Av .mmicods.c Aibray/vaterry pwntytcodeslcode of adiremes?rgdeld=COOK CHSNJFO ARTIIIFE
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Fence -Out Counties
Accomack, Alleghany, Amelia, Amherst, Appomattox,
Bath, Bland, Brunswick, Buchanan, Caroline, Carroll,
Charles City, Chesapeake, Chesterfield, Craig, Culpeper,
Dickenson, Dinwiddie, Essex, Fairfax, Fauquier, Franklin,
Frederick, Giles, Grayson, Greensville, Hampton, Henrico,
Henry, Highland, Isle of Wight, James City, King William,
Lancaster, Lee, Lunenburg, Madison, Matthews,
Mecklenburg, Middlesex, Montgomery, Nelson, Newport
News, Northumberland, Northampton, Nottoway,
Powhatan, Prince Edward, Prince George, Prince William,
Richmond, Rockbridge, Russell, Shenandoah, Suffolk,
Surry, Tazewell, Sussex, Virginia Beach, Westmoreland,
York
11/5/2014 County Presenation 21
P36
Page 1 of I
Code of Virginia
Title 55. Property and Conveyances
Chapter 18. Trespasses; Fences
§ 55-31o. How governing body of county may make local
fence law.
The board of supervisors or other governing body in any county in this State after
posting notice of the time and place of meeting thirty days at the front door of the
courthouse, and at each voting place in the county, and by publishing the same once
a week for four successive weeks in some newspaper of such county, if any be
published therein, and if none be published therein, in some newspaper having a
general circulation therein, a majority of the board being present and concurring,
may declare the boundary line of each lot or tract of land, or any stream in such
county, or any magisterial district thereof, or any selected portion of such county, to
be a lawful fence as to any or all of the animals mentioned in § 55-3o6, or may
declare any other kind of fence for such county, magisterial district or selected
portion of the county than as prescribed by § 55-299 to be a lawful fence, as to any
or all of such animals.
Code 1950, § 8-88o; 1977, c. 624.
http://Iaw.lis.virginia.gov/vacode/55-3 10/
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Page I of I
Code of Virginia
Title 55. Property and Conveyances
Chapter 18. Trespasses; Fences
§ 55-316• When unlawful for animals to run at large.
It shall be unlawful for the owner or manager of any animal or type of animal
described in § 55-3o6 to permit any such animal, as to which the boundaries of lots
or tracts of land have been or may be constituted a lawful fence, to run at large
beyond the limits of his own lands within the county, magisterial district, or portion
of such county wherein such boundaries have been constituted and shall be a lawful
fence.
Code 195o, § 8-886;1977, c. 624; 1979, C. 486.
http://law.lis.virginia.gov/vacode/55-316/
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Page 1 of 2
Code of Virginia
Title 3.2. Agriculture, Animal Care, and Food
Chapter 59. General Provisions
§ 3.2-5900. Definitions.
As used in this subtitle, unless the context requires a different meaning:
"Accredited veterinarian" means a veterinarian approved by the Administrator of
the U.S. Department of Agriculture in accordance with 9 C.F.R. Part 161, which
includes the authority to issue health certificates.
"Animal" means any organism of the kingdom Animalia, other than a human being.
"Hatching egg" means any egg of any chicken, turkey, waterfowl, or game bird, or
the egg of any other avian species that is used or intended to be used for hatching
purposes.
"Horse" means any stallion, colt, gelding, mare, or filly. t r^/
�t;,9 fir 7►
WPI "Livestock" 'ncludes domestic or domesticated bovine a mals; equine animals;
S ovine animal • porcihe animals; cervidae animals; caprad a/
animalanimals of the
genus Lama; r tites; fish or shellfish in aquaculture facilities, as defined in §
3.2-2600; enclosed rabbits or hares raised for human food or fiber; or any other
individual animal specifically raised for food or fiber, except companion animals.
"Passport" means a document that may be used in lieu of a Certificate of Veterinary
Inspection and shall contain animal identifiers and health maintenance history
such as vaccinations and laboratory tests.
"Poultry" includes all domestic fowl and game birds raised in captivity.
"State Veterinarian" means the veterinarian employed by the Commissioner as
provided in § 3.2-5901•
"State Veterinarian's representative" means any person who is either: (i) an
employee of the Department under the direction of the State Veterinarian; or (ii) a
veterinarian deputized pursuant to § 3.2-5901•
Code 1950, §§ 3-4, 3-13; 1966, c. 702, §§ 3.1-4, 3.1-14; 1972, c• 531; 1975, C. 26o;
1977, c. 186; 1978, cc. 219,540; 1982, c. 150;1984, c. 492, § 29-213.36; 1987, c. 488,
http://law.lis.virginia.gov/vacode/title3.2/chapter59/section3.2-5900/ 2/22/2017
P39
Page 2 of 2
§ 3.1-796.66;1988, C. 538; 1991, C. 348;1993, cr. 174, 455, 959; 1994, cc. 261,370;
1995, cc. 1o, 61o; 1996, c. 996; 1998, c. 817; 2002, cc. 351, 500, 787; 2003, cc. 544,
551, § 3.1-741.3; 2003, c. 1007; 2005, c. 633; 2oo8, c. 86o.
http://law.lis.virginia.gov/vacode/title3.2/chapter59/section3.2-5900/ 2/22/2017
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Code of Virginia
Title 55. Property and Conveyances
Chapter 18. Trespasses; Fences
§ 55-303• Statutes declaring watercourses lawful fences
continued.
All acts declaring any river, stream, or watercourse, or any part thereof, or any
boundary in any county, a lawful fence, or authorizing any court so to declare the
same, or enacting a special fence law for any county or any part thereof, and all acts
relating to the making or repairing of division fences in any county or in any part
thereof which may be in force on the day before the Code of 1887 took effect, shall
continue in force.
Code 1950, § 8-873; 1977, c. 624.
http://law.lis.virginia.gov/vacode/titles 5/chapter 18/section55-303/
2/22/2017
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I -
Page 1 of 2
Code of Virginia
Title 55. Property and Conveyances
Chapter 18. Trespasses; Fences
§ 55-299• Definition of lawful fence.
Every fence shall be deemed a lawful fence as to any livestock named in § 55-306,
which could not creep through the same, if
(i) Five feet high, including, if the fence be on a mound, the mound to the bottom of
the ditch,
(2) Of barbed wire, 42 inches high, consisting of at least four strands of barbed
wire, firmly fixed to posts, trees, or other supports substantially set in the ground,
spaced no farther than 12 feet apart unless a substantial stay or brace is installed
halfway between such posts, trees or other supports to which such wires shall be
also fixed,
(3) Of boards, planks, or rails, 42 inches high, consisting of at least three boards
firmly attached to posts, trees, or other supports substantially set in the ground,
(4) Three feet high within the limits of any incorporated town whose charter does
not prescribe, nor give to the council thereof power of prescribing, what shall
constitute a lawful fence within such corporate limits, or
(5) Any fence of any kind whatsoever, except as described in this section, and except
in the case of incorporated towns as set forth in subdivision (4), which shall be:
a. At least 42 inches high,
b. Constructed from materials sold for fencing or consisting of systems or devices
based on technology generally accepted as appropriate for the confinement or
restriction of livestock named in § 55-3o6, and
c. Installed pursuant to generally acceptable standards so that applicable livestock
named in § 55-306 cannot creep through the same.
A cattle guard reasonably sufficient to turn all kinds of livestock shall also be
deemed a lawful fence as to any livestock mentioned in § 55-3o6.
http://law.lis.virginia.gov/vacode/55-299/
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Page 2 of 2
Nothing contained in this section shall affect the right of any such town to regulate
or forbid the running at large of cattle and other domestic animals within its
corporate limits.
The Board of Agriculture and Consumer Services may adopt rules and regulations
regarding lawful fencing consistent with this section to provide greater specificity as
to the requirements of lawful fencing. The absence of any such rule or regulation
shall not affect the validity or applicability of this section as it relates to what
constitutes lawful fencing.
Code 1950, § 8-869; 1977, c. 624; 2007, c. 574•
http://law.lis.virginia.gov/vacode/55-299/
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Page 1 of I
Code of Virginia
Title 55. Property and Conveyances
Chapter 18. Trespasses; Fences
§ 55-3o6. Damages for trespass by animals; punitive and
double damages.
If any livestock domesticated by man shall enter into any grounds enclosed by a
lawful fence, as defined in §§ 55-299 through 55-303, the owner or manager of any
such animal shall be liable for the actual damages sustained.
When punitive damages are awarded, the same shall not exceed twenty dollars in
any case.
For every succeeding trespass the owner or manager of such animal shall be liable
for double damages, both actual and punitive.
Code 1950, §§ 8-874 through 8-876; 1977, c. 624;1979, C. 486.
http://law.lis.virginia.gov/vaeode/title55/chapterl8/section55-306/ 2/22/2017
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Page 1 of 1
Code of Virginia
Title 55. Property and Conveyances
Chapter 18. Trespasses; Fences
§ 55-300. Court may declare stream of water or canal a
lawful fence; proceeding therefor.
The circuit court of any county, upon a petition of any proprietor or tenant of lands
on any stream of water or canal, may, in its discretion, declare and establish the
same, or any part of either within the limits and jurisdiction of the county, a lawful
fence as to any of the stock named in § 55-3o6. Notice of the application shall be
given by posting a copy of the petition at the front door of the courthouse and at two
or more public places at or near the stream or canal, to the part whereof the petition
applies, for thirty days, and by publishing the same once a week for four successive
weeks in a newspaper, if one is published in the county. At or before the trial of the
cause, any person interested may enter himself a defendant thereto, and the same
shall thereafter be proceeded in as other causes.
Code 1950, § 8-870; 1977, c. 624.
http://law.lis.virginia.gov/vacode/title55/chapterl8/section55-300/ 2/22/2017
P45
Page 1 of 1
Code of Virginia
Title 55. Property and Conveyances
Chapter 18. Trespasses; Fences
§ 55-301. Revocation of order.
Such court may upon like petition and notice of any person interested, revoke or
alter any order made under § 55-300; but such order shall not be made within one
year from the date of the original, and shall not take effect until six months after it
is made.
Code 1950, § 8-871; 1977, c. 624.
http://law.lis.virginia.gov/vacode/title55/chapterl8/section55-301/ 2/22/2017
P46
Page 1 of 1
Code of Virginia
Title 55. Property and Conveyances
Chapter 18. Trespasses; Fences
§ 55-302. Boundary lines of certain low grounds on
James River a lawful fence.
The owners and occupants of low grounds on either side of the James River in the
Counties of Buckingham, Albemarle, and Goochland, enclosed by lawful fences on
the back and hill lands, need not keep up any fence on the boundary lines running
across the low grounds to the river, and such boundary lines shall be deemed a
lawful fence, except where public roads cross the river or run parallel with its banks.
Code 1950, § 8-872; 1977, c. 624.
http://law.lis.virginia.gov/vacode/title55/chapterl8/section55-302/ 2/22/2017
P47
..Punishment for conviction of misdemeanor (§ 18.2-11)—Virginia Decoded... Page 1 of 5
Virginia
D E C O D E D
18.2 Comes And Offenses Generally
1 In General
3 Classification Of Criminal Offenses And Punishment Therefor
§ 18.2-11 Punishment for conviction of misdemeanor
§ 18.2 -ii
Punishment for conviction of misdemeanor
The authorized punishments for conviction of a misdemeanor are:
(a. For Class i misdemeanors, confinement in jail for not more than twelve months and
.__............._............._........_
a fine of not more than $ 2,500, either or both.
(b. For Class 2 misdemeanors, confinement in jail for not more than six months and a
fine of not more than $1,000, either or both.
(c. For Class 3 misdemeanors, a fine of not more than $ 500.
misdemeanors, ............................. _ ....
(d. For Class 4 misdemeanors, a fine of not more than $ 250.
For a misdemeanor offense prohibiting proximity to children as described in subsection
A of § 18.2-'170.2 M8.2-170.2/), the sentencing court is authorized to impose the
punishment set forth in subsection B of that section in addition to any other penalty
provided by law.
History
1975, cc. 14,15;1990, C. 788; 2000, C. 770.
Download
,` (/18.2-111xt)I (/18.2-11 json) r� (/18.2-11.xm1)
Comments
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3 Comments Virginia Decoded 0 Login
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0 Join the discussion...
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Sort by Best
• margie • 7 months ago
I am scared to death facing a September court date for 2 misdemeanor i's, Assault &
Battery - on my husband and daughter. I did not initiate the physical violence. I
reacted to my husband's chest thumping me and blocking my way to go upstairs to
bed. I shoved his shoulder with my hand after he did this. It was not out of aggression,
but to get him off me and to get out of the way. He was not injured in anyway. My
daughter, 14, came down stairs and saw this and thought I had just pushed my
husband, which I did. She did not see him thump bump me and stop my trying to
ascend the stairs. She yelled at me and I yelled back. NOt at all proud of the volatile,
hostile verbal altercation. I instructed her to leave and go back to bed, as this did not
concern her. She refused. I told her she may lose her computer privilege, at whih
point, she grabbed my right forearm, standing 1 step above me, and squeezed as hard
as she could and would not let go. More verbal assaults and as she still held grip, I spit
on her. She let go, and my husband said he was going to call the police. I said fine, he
did they arrived and I got arrested for z misdemeanor 1's asualt and battery.
I am devastated. The jail experience was traumatic. I have a \awyer, but am just
miserable thinking about this and have nightmare's. We have started seeing a
counselor and I feel so alone and at a loss. I did not initiate the physical violence. I did
not hurt anyone. I reacted to both my husband and my daughters physical assaults.
Any advice is so appreciated. Peace.
Reply . Share)
. Oscar A margie • 6 months ago
Is this your first offense?
Do NOT enter a guilty plea. If you enter a guilty plea, You can never get it
expunged. DO NOT listen to your lawyer if he/she tells you to enter a guilty
plea. Plea no contest or not guilty. That way you can get the conviction
removed off your record if convicted.
First offenses usually come with suspended jail time for 6 months, probation
and anger management classes. You can still have your husband arrested for
assaulting you. Statute of limitations is a year. Get him arrested too before you
go to court. Appeal appeal appeal if you are not happy with the verdict DO
NOT WAIT to appeal.
i n ., . Reply . Share)
` Jacob Perry • 3 months ago
Less than a month aeo I was assaulted at school. My attacker velled derogatory
https://vacode.org/2016/18.2/l/3/18.2-1 I /
P49
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Punishment for conviction of misdemeanor (§ 18.2-11)—Virginia Decoded... Page 3 of 5
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TRUST, BUT VERIFY
If you're reading this for anything important, you should double-check its accuracy—read
§ 18.2-11 on the official Code of Virginia website
(hM://Iaw.lis.virginia.gov/vaeode/18.2-11/).
COURT DECISIONS CROSS REFERENCES
(Court of Appeals for the FourthX bb1i4xw/4&Aj*eanor
brandishing a firearm. Va.Code § 18.2-282,18.2-11(1982). West Virginia mandates ...
(htWLs://www.courtlistener.c•.om i 'on/ S&4ogW- rentorjack-f-davis-
director-virginia-state-department/) (Court of Appeals for the Fourth Circuit, 10/30/78)
... dollar fine, or both. Va.Code AM.*28Xf s41.. 201/3
commonwealth/) (COA (Court
... first DUI offense a Class I misdemeanor. Code 118.2-11 provides that upon conviction of
a Class I ...
Commonwealth v. Albert R. Howell
(https•//www courtlistener com/opinion/1o682o�/commonwealth-v-albeit-r-howell/)
(COA (Court of Appeals), 08/29/95)
provisions for a Class 1...
Nesbit v Com (https://www.courtlistener.com/2pinion/12,i6682/"nesbit-v-com/) (COA
(Court_ of Appeals), 12/01/92)
... misdemeanor is a fine of not more than $250. See Code § 18.2-11. Because the trial court
erred in ...
Iglesias v Com (https-//www courtlistener com/opinion/12227.,1/iglesias-v-com/) (COA
(Court ofAppeals), o9/o6/88)
... punishable as a Class 4 misdemeanor. Code §§ 18.2-8;18.2-11; Code § 46.1-1(40)....
https://vacode.org/2016/18.2/t/3/18.2-1 l /
P50
2/22/2017
. Punishment for conviction of misdemeanor (§ 18.2-11)—Virginia Decoded... Page 4 of 5
(Overbea v Com (htti)s•//www courdistener com/opinion/los886�/overbey v com/) (SCV
..............
(Supreme Court of Virginia), 01/13/o6)
a Class 1 misdemeanor, as prescribed by Code § 18.2-11(a), is confinement in jail for not
more than ...
Strout v. CiIii of Virginia Beach (https://www.courtlistener com/opinion/io6.827/strout-
v-city-of-virginia-beach/) (COA (Court of Appeals), 05/25/04)
... for a Class 1 misdemeanor is defined by Code § 18.2-11(a), which provides that
authorized ...
Scott v. Com. (htWs://www.courtlistener.com%o ip nion/io6lg73/scott-v-com/) (COA (Court
of Appeals), 03/29/11)
... quot;a fine of not more than $500." Code § 18.2-11(e)....
Derek Lee Nisbet v. M of Virginia Beach
(https: //www.courtlistener.com/opinion/io6�829/derek-lee-nisbet-v-city-of-virginia-
beach (COA (Courtof Appeals), 05/25/04)
... for a Class 1.. .
Court opinions are provided by CourtListener (http://www.courtlistener.com/). which is developed by the
Free Law Project (http://freelaMroiect.o .
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Punishment for conviction of misdemeanor (§ 18.2-11)—Virginia Decoded... Page 5 of 5
All user -contributed content is owned by its authors. The laws ale owned by the people and, consequently, are
not governed by copyright—so do whatever you want with them. This website does not constitute legal advice.
Only a lawyer can provide legal advice. While every effort is made to keep all Intonnabon up-to-date and
accurate, no guarantee is made as to its accuracy.
https://vacode.org/2016/18.2/l/3/18.2-1 1 /
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2/22/2017
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BUSINESS
MEETING
P79
P80
PITTSYLVANIA COUNTY
BOARD OF SUPERVISORS
BUSINESS MEETING
TUESDAY, MARCH 21, 2017
General District Courtroom
Edwin R. Shields Courthouse Addition
11 Banks Street, Chatham, VA
AGENDA
1. Call to Order — 7:00 p.m.
2. Roll Call
Barber Hagerman Blackstock Davis Scearce Barksdale Warren
3. Moment of Silence
4. Pledge of Allegiance
5. Items to be added to the Agenda
APPROVAL OF AGENDA
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
HEARING OF CITIZENS
CONSENT AGENDA
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
6. (a) Minutes: February 6, 2017 BOS Special Meeting Pages 90-91
February 6, 2017 BOS Regular Meeting Pages 92-104
February 21, 2017 BOS Business Meeting Pages 105-110
(b) Bill List — February 2017 (Online)
(c) Proclamation — National County Government Month — April 2017 Pages 111-112
(d) Proclamation — Countywide Spring Cleanup Month — April 2017 Pages 113-114
(e) Proclamation — Sexual Assault Awareness Month — April 2017 Pages 115-116
(f) Proclamation — National Animal Care & Control Appreciation Week—April 9-15, 2017
Pages 117-118
(g) Proclamation — National Public Safety Telecommunications Week — April 9-15, 2017
Pages 119-120
(h) Letter of Recognition — Pittsylvania County Public Schools Faculty/Students of
JROTC, BETA and Interact Clubs Pages 121-125
(i) Purchase of Service Weapon - Deputy Sheriff Virginia K. Newman Pages 126-129
PUBLIC HEARINGS
Rezoning Cases:
Case 1: Richard E. Wallace & Ronnie Pembelton — Staunton River Election District: R-17-007
R-1, Residential Suburban Subdivision District to A-1, Agricultural District
Open: _
Speakers.
Motion:
Second.
Roll Call Vote
Barber
Hagerman
Blackstock
Scearce
Davis
Barksdale
Warren
(Roll Call Vote Yortq
Close.
Barber Hagerman
Barber Hagerman
N A
Blackstock Davis Scearce
Blackstock Davis Scearce
Comments:
Barksdale Warren
Barksdale Warren
Case 2: David W. Foster & Betty W. Foster — Dan River Election District: R-17-008
R-1, Residential Suburban Subdivision District to B-2, Business District, General
Open: Close.
Speakers:
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Roll Call Vote
Comments:
Y N A
Barber
Hagerman
Blackstock
Scearce
Davis
Barksdale
Warren
(Roll Call Vote YorN)
Case 3: Michael G. Willis & Donna L. Willis — Callands-Gretna Election District: R-17-009
R-1, Residential Suburban Subdivision District to A-1, Agricultural District
Open: Close:
Speakers.
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Roll Call Vote
Comments:
Y N A
Barber
Hagerman
Blackstock
Scearce
Davis
Barksdale
Warren
(Roll Call Vote Y or N)
Public Hearin¢
7. Public Hearing to receive citizen input on potentially leasing publicly owned property
located at 200 Blairs Middle School Circle, Blairs, Virginia 24527, to Southside Soccer
Club for soccer recreational purposes. Pages 131-142
Open: Close:
apeaKers.
Motion:
Second.
Roll Call Vote
Barber
Hagerman
Blackstock
Scearce
Davis
Barksdale
Warren
Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Y N A
Comments:
PRESENTATIONS
8. Update on Danville Regional Health Collaborative — Annie Martinie, Senior
Program Officer, Dan River Foundation Page 144
NEW BUSINESS
9. Recommendations from Legislative Committee Pages 146-147
(a) Proposed Amendment to PCC 6-1.1
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Second. Barber Hagerman Blackstock Davis Scearce Barksdale Warren
(b) Proposed Amendment to PCC 4-30(b) Pages 148-152
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Second. Barber Hagerman Blackstock Davis Scearce Barksdale Warren
(c) Proposed Amendment to PCC Chapter 43 Pages 153-156
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
(d) Proposed Amendment to Pittsylvania County Zoning Ordinance for Solar Energy
Facilities Pages 157-161
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Second. Barber Hagerman Blackstock Davis Scearce Barksdale Warren
10. Recommendation from Fire & Rescue Policies and Procedures Committee Pages 162-173
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
11. Recommendations from Economic Development Committee (if any) Pages 174-180
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Second. Barber Hagerman Blackstock Davis Scearce Barksdale Warren
12. Recommendations from Finance Committee (if any)
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
13. Financial Matters
(a) Danville Regional Foundation Grant — Ringgold Rail Trail Pages 181-185
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
(b) Pittsylvania County Public Schools Bus Lease Pages 186-223
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale
Warren
Second: Barber Hagerman Blackstock Davis Scearce Barksdale
Warren
(c) Expenditure Refunds — February 2017 Pages 224-226
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale
Warren
Second: Barber Hagerman Blackstock Davis Scearce Barksdale
Warren
14.
Closed Session Matters for action (if any)
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale
Warren
Second: Barber Hagerman Blackstock Davis Scearce Barksdale
Warren
15.
Change Orders 5 & 6: Courthouse Security Project Pages 227-232
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale
Warren
Second: Barber Hagerman Blackstock Davis Scearce Barksdale
Warren
16.
Potential Road Abandonment — Shula Drive Pages 233-236
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale
Warren
Second: Barber Hagerman Blackstock Davis Scearce Barksdale
Warren
17.
Tobacco Commission Grant for Advanced Skills IT Academy Pages 237-239
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale
Warren
Second. Barber Hagerman Blackstock Davis Scearce Barksdale
Warren
18.
Request from the Town of Chatham -County Ordinance prohibiting internal combustion
engines on Cherrystone & Roaring Fork Lakes Pages 240-241
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale
Warren
Second: Barber Hagerman Blackstock Davis Scearce Barksdale
Warren
BOARD ANNOUNCEMENTS
REPORTS FROM COUNTY ADMINISTRATOR
ADJOURNMENT
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Time:
TO BE ADDED
P87
HEARING OF
CITIZENS
P88
CONSENT
AGENDA
P89
Special Call Meeting
February 6, 2017
Pittsylvania County Board of Supervisors
Monday, February 6, 2017
Special Session
VIRGINIA: The Special Session of the Pittsylvania County Board of Supervisors was
held on Tuesday, February 6, 2017 in the Main Conference Room of the Captain Martin
Building located a 1 Center Street in Chatham, Virginia. Robert W. "Bob" Warren, Chairman,
called the meeting to order at 3:00 p.m. The following members were present:
Tim R. Barber
Joe B. Davis
Ronald S. Scearce
Jessie L. Barksdale
Jerry A. Hagerman
Elton W. Blackstock, Jr
Robert W. Warren
Tunstall District
Dan River District
Westover District
Banister District
Callands-Gretna District
Staunton River District
Chatham -Blairs District
Mr. David M. Smitherman, County Administrator, J. Vaden Hunt, County Attorney, Matt
Rowe, Director of Economic Development, and Ms. Rebecca Flippen, Deputy Clerk to the
Board, were also present.
Approval of Amenda
Motion was made by Mr. Blackstock, seconded by Mr. Davis, to approve the agenda,
which was unanimously approved by the Board.
Closed Session
(a) Discussion or consideration of the acquisition of real property for a public
purpose, where discussion in an open meeting would adversely affect the bargaining
position or negotiating strategy of the public body.
• Legal Authority: Virginia Code Section 2.2-3711(A)(3)
• Subject: Project CC
Purpose: Discussion of Potential Acquisition of Parks and
Recreation Property/Facility
(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 Section 2.2-3711 (A)(5)
• Subject: Project S8
• Purpose: Project Status Update/Discussion
Motion was made by Mr. Blackstock, seconded by Mr. Barksdale, to enter into Closed Session,
and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr.
Davis -Yes; Mr. Scearce-Yes; Mr. Blackstock -Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr.
Warren -Yes.
P90
Special Call Meeting
February 6, 2017
The Board entered into Closed Session at 6:02pm.
Motion was made by Mr. Blackstock, seconded by Mr. Barksdale, to return to Open
Session.
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
CERTIFY CLOSED MEETING
BE IT RESOLVED that at a Special Call Meeting of the Pittsylvania County Board of
Supervisors on Monday, February 6, 2017, 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
Jessie L. Barksdale
Yes/No
Robert W. Warren
Yes/No
The Board unanimously approved Mr. Blackstock's motion to return to Open Session. The
Board returned to Open Session at 6:45pm.
No action was taken
Adiournment
Motion was made by Mr. Barber, seconded by Mr. Blackstock, to adjourn the Special
Meeting, which was unanimously approved by the Board. The meeting adjourned at 6:45pm.
Robert W. "Bob" Warren, Chair
Pittsylvania County Board of Supervisors
David M. Smitherman, County Administrator
Pittsylvania County Board of Supervisors
P91
February 6, 2017
Regular Meeting
Pittsylvania County Board of Supervisors
Regular Meeting
February 6, 2017
VIRGINIA: The Regular meeting of the Pittsylvania County Board of Supervisors was
held on Monday, February 6, 2017 in the General District Courtroom of the Edwin R. Shields
Courthouse Addition in Chatham, Virginia. Chair Robert W. "Bob" Waren, called the meeting
to order at 7:00 p.m. The following members were present:
Tim R. Barber
Joe B. Davis
Ronald S. Scearce
Jessie L. Barksdale
Jerry A. Hagerman
Elton W. Blackstock, Jr.
Robert W. Warren
Tunstall District
Dan River District
Westover District
Banister District
Callands-Gretna District
Staunton River District
Chatham -Blairs District
Mr. David M. Smitherman, County Administrator, Mr. J. Vaden Hunt, County Attorney,
Mr. Matt Rowe, Director of Economic Development, Ms. Kim Van Der Hyde, Director of
Finance, Lisette Jordan, Human Resource Manager, and Rebecca Flippen, Deputy Clerk were
also present.
After a Moment of Silence, Mr. Warren led the Pledge of Allegiance.
Approval of Agenda
Motion was made by Mr. Blackstock, seconded by Mr. Davis, to approve the agenda,
which was unanimously approved by the Board.
Hearing of the Citizens
Mr. Richard Shumate of the Westover District offered a word of prayer.
Dr. Tiffany Franks, President of Averett College, updated the Board of the college's
current activities.
No one else signed up to speak.
Consent Agenda
Motion was made by Mr. Barber, seconded by Mr. Davis, to approve the Consent
Agenda, which was unanimously approved by the Board.
(a) Minutes — January 3, 2017
January 17, 2017
(b) Bill List — January 2017 (Online)
(c) Ratify Proclamation — Axxor's 5th Anniversary
(d) Ratify Letters of Birthday Recognitions:
Ellawease Thompson — 90th Birthday
James Edward Alderson — 100th Birthday
(e) Resolutions of Support:
(1) Kentuck Volunteer Fire Department
(2) Bachelors Hall Volunteer Fire Department
(f) Position Description Changes
(g) Proclamation — Black History Month — February 2017
P92
Regular Meeting
February 6, 2017
Vittgpibania QCouutp 39oarb of *uperbigorg
PROCLAMATION
Axxor Group
Recognizing Five -Years of Business Operations in Pittsylvania County
WHEREAS, the Axxor Group (Axxor) is a recognized leader in the development, production,
and sale of honeycomb made from paper and water-based glues, that is used in numerous
furniture, packaging, and automotive products; and;
WHEREAS, Axxor located its first U.S. manufacturing facility, Axxor North America, from the
Netherlands to the Ringgold East Industrial Park in Pittsylvania County in 2011 with an
announced investment of $4.96 million; and;
WHEREAS, Axxor is a valued employer of Pittsylvania County residents, and is an active and
engaged business member in the surrounding community and Danville-Pittsylvania County
Chamber of Commerce; and;
WHEREAS, Axxor has successfully operated its Pittsylvania County production facility located
at 2275 Cane Creek Parkway, in the community of Ringgold, for five (5) years; then
BE IT PROCLAIMED, that the Pittsylvania County Board of Supervisors expresses both its
congratulations to the Axxor Group (Axxor) for celebrating its five-year anniversary of its
commercial operations of Axxor North America in Pittsylvania County; and, its thanks to the
local Axxor North America plant and management for the great economic benefits they bring to
Pittsylvania County.
BE IT FURTHER PROCLAIMED that a copy of this proclamation be presented to
representatives of the Axxor Group (Axxor).
Vitt5pibanfa Countp 7.1412poarb of *uperbi ori
RESOLUTION
2017-02-02
WHERAS, the Pittsylvania County Board of Supervisors under the United States
Internal Revenue Code receives a $10 -million dollar allocation for tax exempt bonds each year
beginning January 1; and
WHEREAS, the tax exempt bonds cover boards, agencies and commissions under the
Board of Supervisors; and
WHEREAS, the Kentuck Volunteer Fire Department is an authorized Volunteer Fire
Department identified in Section 31-2:1 of the Pittsylvania County Code, authorizing them to
participate in financing on tax exempt status for equipment utilized by the Volunteer Fire
Department for public use; and
WHEREAS, the Kentuck Volunteer Fire Department has held a public hearing on
December 22, 2016 on the tax-exempt financing after publishing the required notice by code;
then
P93
Regular Meeting
February 6, 2017
BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors
hereby approves the Kentuck Volunteer Fire Department entering into a financial agreement as
required under the United States Internal Revenue Code for financing to be carried out on a tax
exempt basis in the amount not to exceed $333,886.00.00 to finance one (1) 2016 Pierce
Responder Multi -Use Pumper Mounted on a 2016 Freightliner Chassis; and
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the
Kentuck Volunteer Fire Department in order to supplement their financing requirements.
Pitt.5plbania Countp 38oarb of *uperbi om
RESOLUTION
2017-02-03
WHERAS, the Pittsylvania County Board of Supervisors under the United States
Internal Revenue Code receives a $10 -million dollar allocation for tax exempt bonds each year
beginning January 1; and
WHEREAS, the tax exempt bonds cover boards, agencies and commissions under the
Board of Supervisors; and
WHEREAS, the Bachelors Hall Volunteer Fire Department is an authorized Volunteer
Fire Department identified in Section 31-2:1 of the Pittsylvania County Code, authorizing them
to participate in financing on tax exempt status for equipment utilized by the Volunteer Fire
Department for public use; and
WHEREAS, the Bachelors Hall Volunteer Fire Department has held a public hearing on
December 22, 2016 on the tax-exempt financing after publishing the required notice by code;
then
BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors
hereby approves the Bachelors Hall Volunteer Fire Department entering into a financial
agreement as required under the United States Internal Revenue Code for financing to be carried
out on a tax exempt basis in the amount not to exceed $245,000.00.00 to finance one (1) 2016
Pierce Responder Multi -Use Pumper Mounted on a 2016 Freightliner Chassis; and
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the
Bachelors Hall Volunteer Fire Department in order to supplement their financing requirements.
pittg;plbania Countp 7ewgooarb of 6uperbigor.5
proclamation
BLACK HISTORY MONTH
"The Crisis of Black Education"
Whereas, the Board of Supervisors of Pittsylvania County takes pride in joining Americans
throughout the country in recognizing February 2017 as National Black History Month; and
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February 6, 2017
Whereas, African Americans play an important role in Pittsylvania County, Virginia, and
American history, and the famous historian Dr. Carter G. Woodson, a native Virginian and the
son of former slaves, brought this fact to the world's attention by founding the Association for
the Study of Negro Life and History, publishing significant scholarly works and establishing
Negro History Week, the precursor to Black History Month; and
Whereas, the theme of this year's celebration is "The Crisis of Black Education" focusing on
the crucial role of education in the history of African Americans; and
Whereas, African Americans have made substantial contributions in human progress in the
fields of Economics, Medicine, Law, Science, Technology, Literature, and in many other phases
of human endeavors, and continue to have an important impact on technological advances in the
information age and in every frontier of science and art; and
Whereas, Pittsylvania County is committed to meeting our education challenge and improving
our education system for all students, and is honored to celebrate the contributions of African
Americans to the fabric of our state; then
Now, Therefore, Be It Resolved, that the Pittsylvania County Board of Supervisors do hereby
proclaim the month of February, 2017, as Black History Month, and encourage we remember
that no matter a person's color, ethnicity, or background, all our County's citizens can make a
positive difference in their communities.
Public Hearings
As required by Virginia Code § 15.2-1800(B), public hearing to receive citizen input on the
potential sale of County owned property and appurtenances thereon located at the corner of
Bank and Purden Streets in the Town of Chatham, Virginia, more fully described as being
property identified as Tax Map # 2426-01-3521 and measuring 0.28 acres.
Mr. Warren opened the public hearing at 7:12pm. Steve DelGiomo, intended buyer of the
property, told the Board he was purchasing the property, which included the old theatre building,
for the purpose of re -locating his company, Doomsday Tackle Company, within the building, as
an innovation center for the company. Once renovations of the building are complete, said Mr.
DelGirono, the company would open under the name of DTCo Innovation Center, and will
include a video studio, a 32 -foot long testing tank, product development, testing and retail sales.
No one else signed up to speak and Mr. Warren closed the hearing at 7:27pm. Motion was made
by Mr. Blackstock, seconded by Mr. Hagerman, to approve the sale of County owned property
identified as Tax Map # 2426-01-3521 and measuring 0.28 acres to Steve DelGiomo and the
following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock -
Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes. Mr.
Blackstock's motion was unanimously approved by the Board.
Public Hearing to receive citizen input on the proposed amendments to Articles 1.2, 2.1, 2.6,
and 5. 1, of the Pitlsylvania County Board of Supervisors' Bylaws.
Mr. Warren opened the public hearing at 7:32pm. Mr. Hunt explained Articles 1.2, 2. 1, and 2.6
proposed amendments that would reflect the Board's intention of holding one Board meeting a
month instead of the current two meetings a month schedule. The proposed meeting schedule
would be to meet the P Tuesday of each month, beginning at 4:30pm; Work Session with staff
from 4:30pm until 6pm; Dinner from 6pm — 7pm; Public Hearings, if any, beginning at 7pm;
Regular meeting following any public hearings (if any); meeting in November to be held
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February 6, 2017
November 28, 2017 due to Thanksgiving holiday schedule. The proposed amendment to Article
5.1 would increase the 10 -Day Layover requirement threshold to $50,000. Richard Shumate of
the Westover District commented that he did not agree with the Board reducing their meetings to
once a month. The citizens of the County, under Hearing of the Citizens, only had 3 minutes to
speak to the Board at each meeting with their concerns and that would be reduced to 3 minutes
once a month. He further stated that the Board's salaries were just increased last year, and now
they were reducing their meeting schedule in half. No one else signed up to speak and Mr.
Warren closed the hearing at 7:34pm. Motion was made by Mr. Blackstock, seconded by Mr.
Barber, to approve amending Articles 1.2, 2.1, 2.6, and 5.1 as presented. Mr. Barksdale thanked
Mr. Shumate for his comments and submitted the following comments: "With no intend to
disrespect any members of the Board, there is no business necessity to warrant going to one
meeting a month. Having less interaction, with the emphasis on less, amongst Board and staff
will not add value to anything we do. Personally, meeting once a month raises my expectations
of the Board. The Board attendance at meetings, involvement in local activities and events,
should improve tremendously. " Mr. Barksdale further commented that regardless of the vote, he
would continue to be active in the aforementioned. No other comments were made. The
following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock -
Yes; Mr. Scearce-Yes; Mr. Davis -No; Mr. Barksdale -No; and Mr. Warren -Yes. Mr.
Blackstock's motion carried by a 5-2 majority vote of the Board, with Mr. Barksdale and Mr.
Davis opposing.
This concluded the public hearings.
Unfinished Business
At the Board of Supervisors' meeting on January 17, 2017, a motion was made by Mr.
Barksdale, seconded by Mr. Davis, the reappropriation of $59,470.46 as follows: $226.66 to
Board of Supervisors -Travel (100-4-011010-5500), $1,000.00 to Circuit Court -Salaries & Wages
(100-4-021100-1100), $6.00 to Circuit Court -Meals for Jurors (100-4-021100-6002), $100.00 to
Clerk of Court -Copier Lease, $5.02 to Sheriff -Postage (100-4-031200-5210), $200.00 to Sheriff -
Undercover Account (100-4-031200-6024), $250.00 to Sheriff -Parts (100-4-031200-6030),
$326.67 to Extradition (100-4-033100-5550), $32.00 to Jail -Food Supplies (100-4-033100-
6002), $9,086.64 to E911 -Telephone (100-4-035500-5230), $.54 to Landfill -Engine Accessories
(100-4-042300-6032), $908.00 to CPMT-Pool Programs (100-4-053500-7003), $35.00 to
Recreation -Park Maintenance (100-4-071100-60065), $4,599.61 to Library -Telephone (100-4-
073100-5230), $34,854.72 to Library -Internet Services (100-4-073100-5240), $5.00 to
Victim/Witness-Travel (250-4-021900-5500), $7,834.60 to WIA-Rent (251-4-353853-6014).
This motion required a 10 -Day Layover that had now been met and the following Roll Call Vote
was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr.
Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes. Mr. Barksdale's motion was unanimously
approved by the Board.
News Business
Financial Matters
The Finance Committee met at4:30pm on February 6, 2017 and had no recommendations
for the Board of Supervisors at this time.
Motion was made by Mr. Barber, seconded by Mr. Barksdale, to approve a
reappropriation of $19,244.06 as follows: $117.39 to Fleet -Travel (100-4-012520-6008),
$100.00 to Clerk of Court -Copier Lease, $1.18 to Comm Atty.-Office Supplies (100-4-022100-
6001), $150.00 to Sheriff -Undercover Account (100-4-031200-6024), $2,037.31 to Sheriff -
Capital Outlay -Vehicles (100-4-031200-8105), $35.75 to Extradition (100-4-033100-5550),
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$62.00 to Jail -Food Supplies (100-4-033100-6002), $100.00 to Animal Control -Donations (100-
4-035100-5883), $42.73 to B&G-Bldg Maint Supplies (100-4-043100-6007), $1,593.58 to
Library -Office Supplies (100-4-073100-6001), $425.99 to Library -Furniture & Fixtures (100-4-
073100-6003), $1.33 to Library -Bldg Maint Supplies (100-4-073100-6007), $540.00 to Library -
Books & Subscriptions (100-4-073100-6012), $14,036.80 to WIA-Rent (251-4-353853-6014).
This motion required a 10 -Day Layover.
Kim Van Der Hyde, Director of Finance, explained that Mark W. Scarce, Clerk of Court
received notification from the State Compensation Board that there are additional technology
trust funds available to Pittsylvania County in the amount of $14,300.00 for FY 2017. These
funds will be used for office supplies and data processing. These funds will be reimbursed 100%
from the State Compensation Board. Therefore, the following budget amendment needs to be
approved and the monies appropriated from the State Compensation Board.
100-4-021600-3161 12,000.00
100-4-021600-6001 2.300.00
14,300.00
Motion was made by Mr. Barksdale, seconded by Mr. Davis, to appropriate $14,300.00 to the
Clerk of Court Budget and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr.
Hagerman -Yes; Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and
Mr. Warren -Yes. Mr. Barksdale's motion was unanimously approved by the Board.
Mr. Smitherman explained that Patrick Henry Community College is a 501(c)(3) non-
profit organization holding the following properties within Pittsylvania County: GPIN 2420-52-
1667; 2420-53-0687; 2420-64-1663; 2420-4-2210; and 2420-41-1685 and had submitted
applications to the Office of the Commissioner of the Revenue requesting tax exemption on these
properties. Pittsylvania County Code § 6-6.3 requires a public hearing for citizen input on
proposed amendments to that section before the Board of Supervisors could approve granting
such types of tax exemptions. Motion was made by Mr. Blackstock, seconded by Mr. Barksdale,
to authorize staff to advertise a public for citizen input on Patrick Henry Community College's
application for tax exemption on the aforementioned properties, which was unanimously
approved by the Board.
Lisette Jordan, Human Resources Manager, presented modifications of the County's
Personnel Policies Manual, as permitted by Section 1.1 of said manual. The modifications
include the following:
• Section 6.2, F (Donation of Vacation Leave), page 20. Section removed.
• Section 6.2, G, 5a (Sick Leave Bank - Procedures Concerning Use), page 21. Sentence
added: employees do not accrue leave until he/she returns to work.
• Section 6.3 (Hybrid Leave Program), page 23. Paid status is when an employee
physically returns to work. Regardless of VRS plan type, employees will not accrue
vacation and sick time when out on leave.
• Section 6.3 (Hybrid Leave Program), page 24. Remove section 6, no longer applies.
• Section 6.5 (Injury Leave) remove wording "leave without pay" replace with "workers'
compensation."
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• Section 16.2 Coverage of Personnel, Grievance. Wording narrowed to full -rime
employees. Other classifications are covered by required Equal Employment Opportunity
and Department of Labor laws.
• Section 19.4 (Workers' Compensation) third paragraph revised wording — employee will
receive regular salary according to Section 6.5 (Injury Leave). The County will be
reimbursed wages it pays to the employee in the amount of 66 2/3 percent from workers'
compensation. Removed wording in sixth paragraph "leave without pay" replace with
"workers' compensation." See attached for Sections 6.5 & 19.4.
Ms. Jordan further explained the definition of paid status is actively at work relative to benefits.
Personnel covered under the grievance process is narrowed to full-time employment. The
donation of vacation leave will be removed from the manual in order to prevent any conflict, and
perception of bias between departments and amongst staff. Donation requests approved prior to
the date of Board of Supervisors' approval of the manual's modifications (02-06-2017) will be
honored. Motion was then made by Mr. Barksdale, seconded by Mr. Davis, to approve the
modifications to the County's Personnel Policies Manual as presented with an effective date of
02-06-2017, which was unanimously approved by the Board.
Matt Rowe, Director Economic Development, explained County Staff has been working
with the Southern Virginia Multimodal Park, LLC (SVMP, LLC) to create and develop a world
class industrial park on 800 acres in Hurt, VA, that is anchored by an intermodal facility. Staff
has successfully coordinated a feasibility analysis of the site for a possible inland port facility, as
was recently highlighted through a signed and executed Memorandum of Understanding with
numerous stakeholders. Staff has also been working with neighboring locales to begin the
creation of a multi -jurisdiction and regional effort to assist in facilitating the location of large
industry to the site that would greatly impact the region. The result of this effort is the proposed
creation of an additional Regional Industrial Facility Authority; the Staunton River Regional
Industrial Facility Authority (SR RIFA).
County Staff has initiated an effort of creating a revenue -and -cost sharing mechanism
amongst neighboring locales and regions, and SVMP, LLC, for the purpose of developing the
Southern Virginia Multimodal Park in Hurt, VA. Staff has had productive conversations and has
regional support for a second, larger Regional Industrial Facility Authority. As is currently
proposed, Pittsylvania County, Town of Hurt, City of Danville, and Town of Altavista, would
comprise the membership of the Staunton River Regional Industrial Facility Authority. The
letter of intent is simply a mechanism that all mentioned locales must approve to show support
for the concept, and to direct their respective staffs to work together to create the required by-
laws and ordinances to establish the Authority. The document also states that all approving
locales support the location of Virginia's second inland port site in Hurt, VA. If approved by all
governing bodies, there will be a formal Letter of Intent signing ceremony at the Willows of
Runk and Pratt in Hurt, VA, at 1.000m on February 23, 2017, NOT, the February 16`" date
previously stated in the Board's packet. Local, regional, and State dignitaries and representatives
would likely be on -hand to celebrate the region's, and regions', willingness to work together.
This type of an agreement, stated Mr. Rowe, is highly encouraged by Virginia's GoVirginia
economic development program. As currently scheduled, this Letter of Intent is expected to be
considered by the Town of Hurt and City of Danville at their respective council meetings on
February 7d, and by the Town of Altavista's council on February 14 .
Motion was made by Mr. Blackstock, seconded by Mr. Barksdale, to approve the Letter
of Intent as explained by Mr. Rowe, which was unanimously approved by the Board.
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004Staunton River RIFA.
Regional Inci«Strial Facility Authority
LETTER OF INTENT TO CREATE THE STAUNTON RIVER REGIONAL INDUSTRIAL FACILITY AUTHORITY
The following Letter of Intent, dated this February 23, 2017, formally documents the desire and intent of the
involved parties to create a potential Regional Industrial Facility Authority (to be known as the Staunton River
Regional Industrial Facility Authority), in accordance with the Virginia Regional Industrial Facilities Act, Title 15.2,
Chapter 64, Code of Virginia, 1950, as amended.
Involved Parties: Pittsylvania County, Virginia; Town of Hurt, Virginia; Town of Altavista, Virginia; City of Danville,
Virginia; and Southern Virginia Multimodal Park, LLC, a North Carolina limited liability company.
Prooertv: Seven parcels of land totaling 800 +/- contiguous acres (GPIN# 2545-69-2418; 2546-30-5577; 2545-48-
6913; 2546-63-7181; 2546-12-3690; 2546-02-6006; and 2546-03-9755) comprising the property known and
marketed as the Southern Virginia Multimodal Park in the Town of Hurt, Virginia.
Purpose: The involved parties' purpose for creating the Staunton River Regional Industrial Facility Authority is to
improve the regional economy through the attraction of global industry to the property, and the establishment of
an intermodal facility on the property that will serve the region and will be publicly recognized as Virginia's second
inland port.
Virginia Inland Port: The involved parties hereby recognize the importance of working collaboratively together and
with local, State, and Federal representatives, and other public and private stakeholders to establish a Virginia
Inland Port on the property. The involved parties also acknowledge that the property is well suited for an inland
port due to its efficient rail and highway access, and that such a facility would greatly benefit the region through
the creation of jobs and the induction of significant private capital investment.
Terms and Conditions: The terms and conditions of the Staunton River Regional Industrial Facility Authority shall
be developed and enacted through the adoption of an ordinance by August 23, 2017, six months from the date of
this letter of intent. Involvement from involved parties may range from marketing the property, to providing
utilities to the property, to cost -revenue sharing on a project -by -project basis on the property.
Public Information: The Involved parties recognize and agree that this Letter of Intent shall become a public
document.
Intent: This letter expresses only the intent of the involved parties and, notwithstanding anything herein to the
contrary, is not (and shall not be deemed to be) a legally binding agreement.
Robert W. "Bob" Warren
Chairman, Board of Supervisors, Pittsylvania County
Mike Mattox
Mayor, Town of Altavista
ary Poindexter
Mayor, Town of Hurt
John Gilstrap
'�_..J,Vay
SVMP, LLC
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February 6, 2017
Mr. Vaden Hunt, County Attorney, explained The Commonwealth of Virginia,
Department of Military Affairs ("DMA") is the owner of the property located on the West side of
South Main Street (U.S. Highway No. 29) near the intersection of Memorial Drive and South
Main Street in the Town of Chatham, Virginia, in Pittsylvania County, Virginia, known as the
Chatham Readiness Center ("Chatham Armory"). Recently, the DMA decommissioned the
Chatham Armory. DMA has agreed to sell the Chatham Armory to Pittsylvania County,
Virginia (the "County"), for $1.00. Currently, the County is utilizing the Chatham Armory for
recreational purposes, deemed a valid "public interest" by the Commonwealth of Virginia (the
"Commonwealth"). The Commonwealth has stated in the email attached hereto as Exhibit "A,"
that as long as the Chatham Armory is being used for the "public interest" when ownership is
transferred, the Commonwealth is satisfied, and said "public interest" requirement "does not
need to be a promise of that in perpetuity." Mr. Hunt further stated if the Board of Supervisors
desires to own the Chatham Armory, Staff recommended the Board pass Resolution 2017-02-01,
authorizing the transfer of ownership of the Chatham Armory from the DMA to the County via
deed.
Motion was made by Mr. Barksdale, seconded by Mr. Barber, to approve Resolution
2017-02-01 and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -
Yes; Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr.
Warren -Yes. Mr. Barksdale's motion was unanimously approved by the Board.
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION 2017-02-01
RESOLUTION AUTHORIZING CHATHAM ARMORY ACQUISITION
WHEREAS, the Commonwealth of Virginia, Department of Military Affairs ("DMA")
is the current owner of the decommissioned property located on the West side of South Main
Street (U.S. Highway No. 29) near the intersection of Memorial Drive and South Main Street in
the Town of Chatham, Virginia, in Pittsylvania County, Virginia, known as the Chatham
Readiness Center ("Chatham Armory");
WHEREAS, the Pittsylvania County Board of Supervisors (the "Board") desires to
acquire the Chatham Armory; and
WHEREAS, DMA has agreed to sell the Chatham Armory to Pittsylvania County,
Virginia (the "County"), for $1.00; and
WHEREAS, the Board and the County intend to use the Chatham Armory for the public
interest.
NOW THEREFORE, BE IT RESOLVED by the Board that the Pittsylvania County
Administrator and/or the Board Chairman is hereby authorized to execute all necessary
documents to acquire on behalf of the County and the Board the Chatham Armory; and, the
County Attorney is hereby authorized to record a Deed effectuating the same.
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Motion was then made by Mr. Barber, seconded by Mr. Barksdale, to authorize the
Chairman to sign all necessary documents and for the County Attorney to put the deed to record,
and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr.
Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes.
Mr. Barber's motion was unanimously approved by the Board.
This Deed is exempt from recordation taxes and fees under Virginia Code §§58.1-81] (A) (3), 58.1-811(C)(4), and 58.1-
811(C)(5)
Prepared by. The Office of theAttorney General of Virginia
Tae Map ID # 1425-09-3450
Cash Consideration: $1.00
Actual Value: $295,000.00
DEED
This DEED, dated this day of
2017, by and between the
COMMONWEALTH OF VIRGINIA, DEPARTMENT OF MILITARY AFFAIRS, Grantor, and
the COUNTY OF PITTSYLVANIA, VIRGINIA, a political subdivision of the Commonwealth of
Virginia, Grantee, whose address is 1 Center Street, Chatham, Virginia 24531.
WITNESSETH:
WHEREAS, Grantor owns certain real property, together with the improvements thereon
(collectively, the "Property"), located Southwest of the Town of Chatham in the County of
Pittsylvania, Virginia, which Property is held in the possession of the Virginia Department of
Military Affairs ("DMA"); and
WHEREAS, the Property comprises a portion of the facility known as the Chatham
Readiness Center, located on the West side of South Main Street (U.S. Highway No. 29) near the
intersection of Memorial Drive and South Main Street in said Pittsylvania County; and,
WHEREAS, Virginia Code § 2.2-1150(A)(1) provides that "[w]hen it is deemed to be in
the public interest ... [p]roperty owned by the Commonwealth may be sold ... to political
subdivisions ... for such consideration as is deemed proper," subject to specified approvals set
forth in Virginia Code § 2.2-1150(B); and
WHEREAS, as evidenced by the execution of this Deed, it is deemed to be in the public
interest to convey the Property to Grantee, because Grantee is using the Property for the public
interest and benefit, with the approval of the Governor, and in a form approved by the Attorney
General.
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Regular Meeting
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NOW, THEREFORE, FURTHER WITNESSETH:
That for and in consideration of the sum of One Dollar ($1.00), cash in hand paid, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
and pursuant to Virginia Code §§ 2.2-1150, Grantor does hereby QUITCLAIM unto the Grantee,
the Property, more fully described as follows to wit:
All of the following described real estate lying and being in the Town of Chatham,
Pittsylvania County, Virginia, on the West side of South Main Street (U.S. Highway
No. 29) and beginning at a point on the Western margin of said street and comer
with public driveway and with the public driveway and along dividing line of area
"C" as shown on map S 813/4' E 386 1/2 feet to a point on public drive designated
as area "A" on map and thence with said area "A" S 1 3/4° E 314 feet to a point
comer with area `B" and public driveway and continuing with the northern line of
area `B" S 841/4° E 327 feet to a point on the western margin of Main Street, thence
with the street and on a curve in a northern direction 406 feet to the beginning as
shown on a map made by J.S. Carter, C. E., February, 1940.
BEING a portion of the same property conveyed to the Commonwealth of Virginia,
Department of Military Affairs, by Deed from the Board of Supervisors Pittsylvania
County, Virginia, dated April 29, 1954, and recorded on April 5, 1955, in the Clerk's
Office of the Circuit Court of Pittsylvania County, Virginia, in Deed Book 358, page
581.
The Property is conveyed in its "AS IS" condition, without warranty or representation as
to the acreage, boundary lines, condition, value, permitted use of the Property after the expiration
of the use restriction set forth in the paragraph below, or presence on the Property of any toxic or
hazardous substances or materials of any nature, including but not limited to petroleum, lead,
radon, asbestos, or asbestos-related materials.
This conveyance is made expressly subject to (i) any and all rights, privileges,
covenants, easements, conditions, restrictions, and agreements as are of record, insofar as they
may be lawfully applicable to the Property, (ii) any unrecorded utility easements, including any
relocated easements for utilities and any relocated utility lines and related facilities, on, under or
across the Property, and (iii) any and all prior grants, conveyances and/or reservations of the
coal, oil, gas, including coalbed methane gas, stone, sand, minerals, and/or other subsurface
rights or interests, as are of record, insofar as they may be lawfully applicable to the Property;
and, to the extent of any such prior grants, conveyances and/or reservations of coal, oil, gas,
including coal methane gas, stone, sand, minerals and/or other subsurface rights and interests
therein, the same are excluded from this conveyance.
In compliance with Virginia Code § 15.2-1803, this Deed, and the conveyance of the
Property described above, have been accepted by Grantee, pursuant to a Resolution of the Board
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February 6,2017
of Supervisors of the County of Pittsylvania, Virginia (the "Board"), duly adopted at a meeting
of said Board held on the 6`s day of February, 2017. A copy of said Resolution is attached to this
Deed as Exhibit "A". Further, acceptance of this Deed and the conveyance of the Property
described above to Grantee, is evidenced, below, by the execution of this Deed on behalf of said
County by the Grantee's undersigned duly authorized official.
This transaction has been approved by the Governor of Virginia, acting through the
Secretary of Administration, pursuant to Virginia Code §§ 2.2-1150(A)(1) and 2.2-1150(B) of, and
other applicable law, as evidenced by the following or attached approval, which is incorporated
herein by reference.
WITNESS the following signatures and seals
GRANTOR: COMMONWEALTH OF VIRGINIA,
DEPARTMENT OF MILITARY AFFAIRS
BY:
Major General Timothy P. Williams,
Adjutant General of Virginia
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF , to -wit:
The foregoing Deed was acknowledged before me this day of 2017,
by Major General Timothy P. Williams, acting in his capacity as Adjutant General of Virginia of
the Department of Military Affairs of the Commonwealth of Virginia, on behalf of the
Department and the Commonwealth of Virginia, in the jurisdiction aforesaid.
My Commission expires:
Notary's Registration No.
Notary Public
GRANTEE: COUNTY OF PITTSYLVANIA, VIRGINIA,
a political subdivision the Commonwealth of Virginia
BY:
Robert W. Warren
Chairman; Pittsylvania County Board of Supervisors
COMMONWEALTH OF VIRGINIA
COUNTY OF PITTSYLVANIA, to -wit:
The. foregoing Deed was acknowledged before me this day of , 2017,
by Robert W. Warren, acting in his capacity as Chairman of the Board of Supervisors of
Pittsylvania County, Virginia, on behalf of the said County.
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My Commission expires:,
Notary's Registration No.
Notary Public
APPROVED AS TO FORM
By:
J. Vaden Hunt, Esq.
Pittsylvania County Attorney
APPROVED AS TO FORM
By:
Allison A. Kotula
Assistant Attorney General
RECOMMEND APPROVAL:
DEPARTMENT OF GENERAL SERVICES
By:
Christopher L. Beschler, Director
APPROVAL BY THE GOVERNOR:
Pursuant to Virginia Code § 2.2-1150, and as the official designee of the Governor of
Virginia, as authorized and designated by Executive Order NO.88 (01), dated December 21,
2001, I hereby approve the conveyance of the property described in the attached or foregoing
Deed, and the execution of this instrument for, on behalf of, and in the stead of the Governor of
Virginia.
Return recorded Deed to:
Secretary of Administration Date
EXHIBIT "A"
Copy of Resolution of the Board of Supervisors of the County of Pittsylvania, Virginia,
duly adopted at a meeting of said Board held on the 6s' day of February, 2016.
Adiournment
Motion was made by Mr. Barber, seconded by Mr. Hagerman, to adjourn, which was
unanimously approved by the Board. The meeting adjourned at 8:10pm.
Robert W. "Bob" Warren, Chair
Pittsylvania County Board of Supervisors
David M. Smitherman, Clerk
Pittsylvania County Board of Supervisors
P104
February 21, 2017
Business Meeting
Pittsylvania County Board of Supervisors
Business Meeting
February 21, 2017
VIRGINIA: The Business meeting of the Pittsylvania County Board of Supervisors was
held on Monday, February 21, 2017 in the General District Courtroom of the Edwin R. Shields
Courthouse Addition in Chatham, Virginia. Chair Robert W. "Bob" Warren, called the meeting
to order at 7:00 p.m. The following members were present:
Tim R. Barber
Joe B. Davis
Ronald S. Scearce
Jessie L. Barksdale
Jerry A. Hagerman
Elton W. Blackstock, Jr
Robert W. Warren
Tunstall District
Dan River District
Westover District
Banister District
Callands-Gretna District
Staunton River District
Chatham -Blairs District
Mr. David M. Smitherman, County Administrator and Clerk of the Board; Mr. J. Vaden
Hunt, County Attorney; Mr. Greg L. Sides, Assistant County Administrator for Planning &
Development; Mr. Odie H. Shelton, Jr., Director of Code Compliance, Mr. Matt Rowe, Director
of Economic Development, Ms. Kim Van Der Hyde, Director of Finance, and Rebecca Flippen,
Deputy Clerk were also present.
After a Moment of Silence, Mr. Warren led the Pledge of Allegiance.
Approval of Agenda
Motion was made by Mr. Barber, seconded by Mr. Blackstock, to approve the agenda
with the addition of Resolution 2017-02-04 under the Consent Agenda, which was unanimously
approved by the Board
Hearing of the Citizens
No one signed up to speak.
Consent Agenda
Motion was made by Mr. Barber, seconded by Mr. Blackstock, to approve the Consent
Agenda, which was unanimously approved by the Board.
(a) Proclamation — National Agriculture Day — March 21, 2017
(b) Resolution 2017-02-04 Designated Marketing Organization
pittl;ptbauia clCouutp T;ffioarb of *uperbiooro
3prodamatiou
NATIONAL AGRICULTURE DAY
March 21, 2017
"FOOD FOR LIFE tt
WHEREAS, agriculture development in Pittsylvania County is one of the major economic
resources of the County and ranks in the top 10 of Agribusiness Counties in the Commonwealth;
and
P105
Ro-Organmtion Meeting
January 3, 2017
WHEREAS, the Virginia Department of Agriculture and Consumer Services suggests this a
perfect opportunity to give credit to the farmers of our state and county; and
WHEREAS, National Agriculture Day is an important celebration in Virginia because
agriculture is the Commonwealth's largest industry that contributes $55 billion to the state's
economy each year, and over $62 million in agriculture receipts based on crops and livestock in
Pittsylvania County; and
WHEREAS, agriculture in the Commonwealth is a diversified industry with products
encompassing livestock, field crops, fruits, vegetables, poultry, dairy, aquaculture, vineyards,
and more; and the mild climate and rich soil of Virginia provide an environment in which crops
are harvested nearly year -around; and
WHEREAS, in the 1960s one farmer supplied food for 25.8 persons in the U.S. and abroad.
Today, one farmer supplies foodfor 155 people in the U.S. and abroad; and
WHEREAS, every Virginian should understand how food, fiber and renewable resource
products are produced and should value the essential role of agriculture in maintaining a strong
economy, and appreciate the role Virginia agriculture plays in providing safe, abundant, and
affordable products; and
WHEREAS, because only two percent of the population is engaged in production of agriculture,
basic knowledge about and experience with the industry is on the decline, and National
Agriculture Day helps young people to understand and consider career opportunities in the
agriculture, food and fiber industries; then
BE IT HEREBY PROCLAIMED by the Pittsylvania County Board of Supervisors that March
21, 2017 be proclaimed "National Agriculture Day" in Pittsylvania County and all citizens of
Pittsylvania County are encouraged to thank a farmer for the products they provide which enrich
our daily lives and urges parents, grandparents, and educators to inform young children on the
importance of local agriculture and to consider career opportunities in the agriculture, food and
fiber industries.
pttt6ptbauta Couutp 7,1413oarb of �&uperbi ori
RESOLUTION
2017-02-04
WHEREAS, Pittsylvania County has been blessed with a landscape of acclaimed scenic
beauty and a rich historical heritage of both structures and people; and,
WHEREAS, Pittsylvania County has tremendous tourism opportunities in history,
recreation, agritourism, meetings and events, and countless other attractions that increase visitor
expenditures, tax revenues, and employment in the County; and
WHEREAS, a Danville-Pittsylvania County planning team formulated a tourism plan for
the region which was presented to the Pittsylvania County Board of Supervisors in 2016; and
P106
Re Organization Meeting
January 3, 2017
WHEREAS, the Pittsylvania County Board of Supervisors approved the tourism plan,
provided funding for 2016-17, and made appointments to a Tourism Advisory Committee
created under the umbrella of the Danville Pittsylvania County Chamber of Commerce; and
WHEREAS, the County's ability to attract state tourism grants, marketing support and
resources, and the recognition of other regions require the identification of a Designated
Marketing Organization (DMO); and
WHEREAS, the Designated Marketing Organization (DMO) for the region is uniquely
qualified to be the best first point of contact for any meeting or event in Pittsylvania County
because of the organization's comprehensive view of the destination, local expertise, extensive
in -market relationships, and complimentary services;
NOW, THEREFORE BE IT RESOLVED, that the Pittsylvania County Board of
Supervisors designates the Danville Pittsylvania County Chamber of Commerce as the
Designated Marketing Organization (DMO) for Pittsylvania County, Virginia.
Public Hearin¢s
Rezoning Cases
Case 1: Zada Singleton — Staunton River Election District R-17-004
R-1, Residential Suburban Subdivision District to A-1, Agricultural District
Mr. Warren opened the hearing at 7:03pm. Mr. Shelton explained that Zada Singleton had
petitioned to rezone 2.50 acres, located on State Road 638/Roark Mill Road and on State Road
640/ Wards Road in the Staunton River Election District from R-1, Residential Suburban
Subdivision District to A-1, Agricultural District. Once the property is rezoned to A-1, all uses
listed under Section 35-178 are a permitted use. The Planning Commission, with no opposition,
recommended granting the petitioner's request. Danny Singleton was there to represent the
petition. No one signed up to speak and Mr. Warren closed the hearing at 7:04pm. Motion was
made by Mr. Blackstock, seconded by Mr. Davis, to approve rezoning Case R-17-004 from R-1
to A-1 and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr.
Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes.
Mr. Blackstock's motion to rezone Case R-17-004 from R-1 to A-1 was unanimously approved
by the Board.
Case 2: Hollywood Baptist Church — Callands/Gretna Election District R-17-005
R-1, Residential Suburban Subdivision District to A-4 Agricultural District
Mr. Warren opened the public hearing at 7:05 pm. Mr. Shelton explained that Hollywood
Baptist Church had petitioned to rezone 1.56 acres, located on Highway 57/Callands Road and
on State Road 821/Weal Road in the Callands-Gretna Election District from R-1, Residential
Suburban Subdivision District to A-1, Agricultural District. Once the property is rezoned to A-1,
all uses listed under Section 35-178 are a permitted use. The Planning Commission, with no
opposition, recommended granting the petitioner's request. Ryan Gatewood with LE&D
Professionals, P.C., and Karle Byrd, Trustee of Hollywood Baptist Church, was there to
represent the petition. No one signed up to speak and Mr. Warren closed the hearing at 7:07pm.
Motion was made by Mr. Hagerman, seconded by Mr. Barber, to approve rezoning Case R-17-
005 from R-1, Residential Suburban Subdivision District to A-1, Agricultural District and the
following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock -
Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes. Mr.
Hagerman's motion to rezone Case R-17-005 from R-1, Residential Suburban Subdivision
District to A-1, Agricultural District was unanimously approved by the Board.
P107
Re Organi bon Meeting
January 3, 2017
Case 3: Jason Karl Keesee — Callands-Gretna & Banister Election Districts R-17-006
R-1, Residential Suburban Subdivision District to A-1, Agricultural
Mr. Warren opened the public hearing at 7:08pm. Mr. Shelton explained that Jason Karl Keesee
had petitioned to rezone 7.00 acres, located off U.S. Highway 29 (off Dual Track Road) in the
Callands-Gretna and Banister Election Districts from R-1, Residential Suburban Subdivision
District to A-1, Agricultural District. Once the property is rezoned to A-1, all uses listed under
Section 35-178 are a permitted use. The Planning Commission, with no opposition,
recommended granting the petitioner's request. Jason Keesee was there to represent the petition.
No one signed up to speak and Mr. Warren closed the hearing at 7:1Opm. Motion was made by
Mr. Hagerman, seconded by Mr. Blackstock, to approve rezoning Case R-17-006 from R-1,
Residential Suburban Subdivision District to A-1, Agricultural District and the following Roll
Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock -Yes; Mr. Scearce-
Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes. Mr. Hagerman's motion to
rezone Case R-17-006 from R-1, Residential Suburban Subdivision District to A-1, Agricultural
District was unanimously approved by the Board.
Public Hearing
Public hearing to receive citizen input on the proposed amendment to Chapter 6-6.3, Property
Exempt by Classification or Designation, of the Pittsylvania County Code. The proposed
amendment would establish a tax exempt status for real property owned by Patrick Henry
Community College.
Mr. Warren opened the public hearing at 7:12pm. The Board was informed that Patrick Henry
Community College is a 501(c)(3) non-profit organization holding the following properties
within Pittsylvania County: GPIN 2420-52-1667; 2420-53-0687; 2420-64-1663; 2420-4-2210;
and 2420-41-1685, and has submitted applications for tax exempt status for these properties.
Staff has duly advertised a public hearing notice for citizen input on proposed amendments to
Pittsylvania County Code § 6-6.3, Property Exempt by Classification or Designation, as required
before the Board of Supervisors could approve granting such types of tax exemptions. The
Honorable Shirley Y. Hammock, Commissioner of the Revenue, had submitted by letter a
breakdown of the assessed value and exempt levy for each property. The total assessed value
was $375,500 and the total exempt levy at $0.59 per $100 is $2,215.45. Jack Hanberry, Vice -
President for Financing Administration for Patrick Henry Community College and representing
the Foundation holding the property, was present. Mr. Hanberry stated the properties were
donated to the college, and once sold, the monies go to the Real Estate Foundation of which
distributes scholarships for students attending PNCC., No one else signed up to speak and Mr.
Warren closed the hearing at 7:14pm. Motion was made by Mr. Blackstock, seconded by Mr.
Barber, to approve Patrick Henry Community College's application for the aforementioned
properties to be classified as tax exempt and amend Pittsylvania County Code § 6-6.3, Property
Exempt by Classification or Designation to reflect this exemption to following properties held by
PHCC within Pittsylvania County: GPIN 2420-52-1667; 2420-53-0687; 2420-64-1663; 2420-4-
2210; and 2420-41-1685, and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr.
Hagerman -Yes; Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and
Mr. Warren -Yes. Mr. Blackstock's motion was unanimously approved by the Board.
Unfinished Business
At the Board of Supervisors' meeting on February 6, 2017, a motion was made by Mr.
Barber, seconded by Mr. Barksdale, to approve a reappropriation of $19,244.06 as follows:
$117.39 to Fleet -Travel (100-4-012520-6008), $100.00 to Clerk of Court -Copier Lease, $1.18 to
Comm Atty.-Office Supplies (100-4-022100-6001), $150.00 to Sheriff -Undercover Account
(100-4-031200-6024), $2,037.31 to Sheriff -Capital Outlay -Vehicles (100-4-031200-8105),
P108
January 3,2017
$35.75 to Extradition (100-4-033100-5550), $62.00 to Jail -Food Supplies (100-4-033100-6002),
$100.00 to Animal Control -Donations (100-4-035100-5883), $42.73 to B&G-Bldg Maint
Supplies (100-4-043100-6007), $1,593.58 to Library -Office Supplies (100-4-073100-6001),
$425.99 to Library-Fumiture & Fixtures (100-4-073100-6003), $1.33 to Library -Bldg Maint
Supplies (100-4-073100-6007), $540.00 to Library -Books & Subscriptions (100-4-073100-
6012), $14,036.80 to WIA-Rent (251-4-353853-6014). This motion required a 10 -Day Layover
that had now been met and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr.
Hagerman -Yes; Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and
Mr. Warren -Yes. Mr. Barber's motion was unanimously approved by the Board.
News Business
Financial Matters
The Finance Committee met at 4:30pm. No recommendations were submitted for the
Board's consideration.
Kim Van Der Hyde, Finance Director, explained Pittsylvania County was awarded a
tobacco grant in the amount of $811,526 for the SoVA Vineyard Development and Expansion to
Support Virginia's Wine Industry project. This grant did involve multi jurisdictional partners,
however, Pittsylvania County would serve as the fiscal agent and must be appropriated in the
County's budget. This grant does not require a local match from the County. This grant was
approved by the Tobacco Commission on January 12, 2016. Ms. Van Der Hyde further
explained the Board of Supervisors needed to appropriate a total of $811,526 to the SoVA
Vineyard Development and Expansion to Support Virginia's Wine Industry Project in the
Industrial Development Fund (Fund 325). Motion was made by Mr. Blackstock, seconded by
Mr. Davis, to amend the Economic Development budget and appropriate $811,526 of Tobacco
Funds to the SoVA Vineyard Development and Expansion to Support Virginia's Wine Industry
Project. The following Roll Call Vote was recoded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr.
Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes.
Mr. Blackstock's motion was unanimously approved by the Board
Vaden Hunt, County Attorney, explained the Southside Soccer Club has requested to
lease from the Pittsylvania County Board of Supervisors fields and three (3) outbuildings located
at the old Blairs Middle School for youth soccer purposes. Per Virginia Code §15.2-1800, a
public hearing is legally required to lease County -owned property. Motion was made by Mr.
Blackstock, seconded by Mr. Barksdale, to authorize staff to advertise the required public
hearing, which was unanimously approved by the Board.
Board Announcements
Mr. Scearce reminded everyone of the Friends of the NRA Banquet to be held at IALR
on Thursday, February 23, 2017 at 5:00pm.
Mr. Blackstock reminded everyone of the Letter of Intent Signing Ceremony to be held at
The Willows on February 23, 2017 at 1:00pm.
County Administrator Reports
Mr. Smitherman reminded everyone of the Pittsylvania County Employee Services
Awards on February 22, 2017 at 3:00pm; and of the Legislative Committee meeting, also on
February 22, 2017, at 1:30pm.
Adjournment
Motion was made by Mr. Blackstock, seconded by Mr. Barber, to adjourn, which was
unanimously approved by the Board. The meeting Business at 7:35pm.
P109
Re -Organization Meeting
January 3, 2017
Robert W. "Bob" Warren, Chair
Pittsylvania County Board of Supervisors
David A Smitherman, ClerK
Pittsylvania County Board of Supervisors
P/10
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
AGENDA DATE: ITEM NUMBER:
Proclamation — National County Government
03-21-2017 6(c)
Month: April 2017
ACTION:
INFORMATION:
SUBJECT/PROPOSAL/REOUEST:
CONSENT AGENDA:
Proclamation on County Government Month
ACTION:
INFORMATION:
Yes
ATTACHMENTS:
STAFF CONTACT(S):
Yes
Mr. Smitherman
REVIEWED BY:
BACKGROUND:
The National Association of Counties participates in the recognition of National County Government
Month, of which Pittsylvania County also recognizes on an annual basis.
DISCUSSION:
Attached hereto is a proclamation declaring the month of April 2017 as National County Government
Month in Pittsylvania County.
RECOMMENDATION:
Staff recommends the Board of Supervisors proclaim April 2017 as National County Government
Month in Pittsylvania County and direct the County Administrator to notify all news media covering
Pittsylvania County.
P111
atfSpfbauia Countp J%3oorb of *uperbi org
Proclamation
NATIONAL COUNTY GOVERNMENT MONTH - APRIL 2017
"Brilliant Ideas at Work"
R HEREAS, the nation's 3,069 counties serving more than 300 million Americans provide essential
services to create healthy, safe and vibrant communities; and
WHEREAS, counties move America forward by providing health care, administering justice, keeping
communities safe, creating economic opportunities and much more, and
WHEREAS, Pittsylvania County and all counties take pride in their responsibility to protect and
enhance the health, welfare and safety of its residents in efficient and cost-effective ways; and
WHEREAS, through National Association of Counties President Bryan Desloge's `Brilliant Ideas at
Work" initiative, NA Co is encouraging counties to focus on the most innovative programs and services that
strengthen communities; and
WHEREAS, in order to remain healthy, vibrant and safe, America's counties provide public health,
justice, safety, infrastructure, transportation, technology, environmental stewardship and economic services
that play a key role in everything from residents' daily commutes to emergency response; and
WHEREAS, each year since 1991 the National Association of Counties has encouraged counties
across the country to actively promote their own programs and services to the public they serve; then
NOW, THEREFORE, BE IT RESOLVED THAT, the Board of Supervisors of Pittsylvania County
does hereby proclaim April 2017 as National County Government Month and encourage all county officials,
employees, schools and residents to participate in county government celebration activities.
Given under my hand this day 21st day of March, 2017.
Robert W. "Bob " Warren, Chair
Pittsylvania County Board of Supervisors
David M. Smitherman, County Administrator
Pittsylvania County Board of Supervisors
P112
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE: I AGENDA DATE:
Proclamation — Annual Countywide Spring Cleanup 03-21-2017
Month; April 2017
SUBJECT/PROPOSAL/REOUEST
Proclamation
STAFF CONTACT(S):
Mr. Smitherman
ACTION:
CONSENT AGENDA•
ACTION:
Yes
ATTACHMENTS:
Yes
ITEM NUMBER:
6(d)
INFORMATION:
INFORMATION:
BACKGROUND:
The Pittsylvania County Board of Supervisors annually support countywide spring cleanup during the month of
April.
DISCUSSION:
Attached hereto, you will find a proclamation from the Pittsylvania County Board of Supervisors for the
countywide cleanup for April 2017.
RECOMMENDATION•
Staff recommends the Board of Supervisors approve the attached proclamation designating April 2017 as
Countywide Spring Cleanup Month in Pittsylvania County and authorize the County Administrator to distribute a
copy of the proclamation to local media sources.
P113
Fatlaina ion
CGUNTYWIDE SPRING CLEANUP
April 2017
VIRGINIA: AT THE BUSINESS MEETING OF THE PITTSYLVANIA COUNTY
BOARD OF SUPERVISORS IN THE GENERAL DISTRICT COURTROOM IN CHATHAM,
VIRGINIA ON TUESDAY, MARCH 21, 2017, THE FOLLOWING PROCLAMATION WAS
PRESENTED AND ADOPTED:
Whereas, Pittsylvania County is rich in beauty and natural resources; and
Whereas, the Board of Supervisors of Pittsylvania County strives to improve the quality of life in our
community through enhanced community awareness, education, and public/private partnerships
working together on projects that keep our environment clean and free of debris, beautify our
neighborhoods andpublic spaces, and instill pride and a sense of ownership in our community; and
Whereas, Pittsylvania County citizens realize a cleanup effort is needed to display pride in our
communityfor ourselves, our visitors, and for industrial prospects; and
Whereas, all people, regardless of race, gender, income, or geography, have a moral right to a
healthy, sustainable environment with economic growth; and
Whereas, all residents of Pittsylvania County have a citizenship responsibility to protect and care
for the beauty and natural resources of Pittsylvania County, and a countywide cleanup campaign
will encourage individuals to participate in the improvement of their community's environment
through the three main focus areas of litter prevention, waste reductions and recycling, and
beautification; then
Now, Therefore, Be It Proclaimed, that the Pittsylvania County Board of Supervisors proclaims
April 2017 as Countywide Spring Cleanup Month in Pittsylvania County, Virginia, and encourages
all communities, civic and professional groups, businesses, churches, schools, families and
individual citizens to take an active role in making the communities in Pittsylvania County a more
beautiful place to live, work and play.
Given under my hand this day 21s` day of March, 2017.
Robert W. "Bob" Warren, Chair
Pittsylvania County Board of Supervisors
David M. Smitherman, County Adminstrator
Pittsylvania County Board of Supervisors
P114
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Proclamation — Sexual Assault Awareness Month;
April 2017
SUBJECT/PROPOSAL/REOUEST•
Proclamation
STAFF CONTACT(S):
Mr. Smitherman
BACKGROUND:
AGENDA DATE:
03-21-2017
ACTION:
CONSENT AGENDA:
ACTION:
Yes
ATTACHMENTS:
Yes
REVIEWED BY:
ITEM NUMBER:
6(e)
INFORMATION:
INFORMATION:
DISCUSSION:
Attached hereto, you will find a proclamation from the Pittsylvania County Board of Supervisors for the
designating April 2017 as Sexual Assault Awareness Month in Pittsylvania County. Ms. Christina J. Bilgrav,
Resident/Relief Administrative Coordinator for HAVEN for the Dan River Region, Inc., will be present to accept
the proclamation.
RECOMMENDATION•
Staff recommends the Board of Supervisors approve the attached proclamation designating April 2017 as Sexual
Assault Awareness Month in Pittsylvania County, present the proclamation to Ms. Bilgrav, and authorize the
County Administrator to distribute a copy of the proclamation to local media sources.
P115
Proclamation
SEXUAL ASSAULT AWARENESS MONTH
APRIL 2®17
WHEREAS, Sexual Assault Awareness Month calls attention to the fact that sexual violence is
widespread and impacts every person in this community; and
WHEREAS, rape, sexual assault, and sexual harassment harm our community, and statistics show
one in five women and one in 71 men will be raped at some point in their lives; and
WHEREAS, child sexual abuse prevention must be a priority to confront the reality that one in six
boys and one in four girls will experience a sexual assault before age 18; and
WHEREAS, young people experience heightened rates of sexual violence, and youth ages 12-17 were
2.5 times as likely to be victims of rape or sexual assault; and
WHEREAS, on campus, one in five women and one in 16 men are sexually assaulted during their
time n college; and
WHEREAS, localities must work to educate their communities about sexual violence prevention,
supporting survivors, and speaking out against harmful attitudes and actions; and
WHEREAS, prevention is possible when everyone gets involved and the first step is increasing
education, awareness, and community involvement and to take action to create a safer involvement for all;
then
NOW, THEREFORE, BE IT RESOLVED THAT, the Board of Supervisors of Pittsylvania County
advocates communities across the County in taking action to prevent sexual violence, and does hereby
proclaim April 2017 as Sexual Assault Awareness Month, and with each day of the year as an opportunity to
create change in the future.
Given under my hand this day 21s` day of March, 2017.
Robert W. "Bob" Warren, Chair
Pittsylvania County Board of Supervisors
David M. Smitherman, County Administrator
Pittsylvania County Board of Supervisors
P116
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Proclamation - National Animal Care &Control
Appreciation Week
SUBJECT/PROPOSAL/REQUEST:
Proclamation
STAFF CONTACT(S):
Mr. Smitherman
AGENDA DATE:
03-21-2017
ACTION:
CONSENT AGENDA:
ACTION:
Yes
ATTACHMENTS:
Proclamation /�
REVIEWED BY: bel
ITEM NUMBER:
6(f)
INFORMATION:
INFORMATION:
BACKGROUND:
Each year, the Board of Supervisors supports the Animal Control Officers in Pittsylvania County, as well as those
in other jurisdictions that provide the public safety of animal control in their communities.
DISCUSSION:
Attached hereto, is a proclamation on Animal Care & Control Appreciation Week for the week of April 9`s -15'h,
2017. The Board of Supervisors is encouraging citizens to join in expressing their sincere appreciation and
gratitude for the many hours of service provided by Animal Care & Control Officers and safety for our community.
RECOMMENDATION:
Staff recommends the Board of Supervisors approve the attached proclamation and direct the County Administrator
to submit it to the required news media.
P117
iff5p ansa Couutp Tgoarb at buperbiooro
Proclamation
NATIONAL ANIMAL CARE c& CONTROL APPRECIATION WEEK
April 9'i' — April 15', 2017
Whereas, the National Animal Control Association has designated the second week in April each
year as Animal Control Appreciation Week; and
Whereas, the various Federal, State, and Local Government Officials throughout the Country take
this time to recognize, thank, and commend all Animal Control Officers for the dedicated service they
provide to the Citizens, various Public Safety, Public Service Agencies and Departments throughout the
Country; and
Whereas, the Pittsylvania County Board of Supervisors would like to express its sincere thanks and
appreciation for the outstanding service the Pittsylvania County Animal Control Department who risk life
and limb and spend huge amounts of personnel resources including time away from family and friends by
going out into the public to protect the welfare of helpless animals and pets that are rescued from injury,
disease, abuse, and starvation; and
Whereas, the Pittsylvania County Animal Control personnel provide the essential community
functions of enforcing Animal Control laws, protecting the public from diseases such as rabies, and
educating the public on the proper care of the community's pets; and
Whereas, the Pittsylvania County Board of Supervisors wishes to commend each and every Animal
Control Officer for their service, which is in keeping with the long and distinguished tradition of the Animal
Control Profession; then
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Pittsylvania County Board of
Supervisors officially recognize and proclaim the week of April 9`h through 15'h, 2017as National Animal
Care and Control Appreciation Week and respectfully asks all Citizens, Public Safety, Health, and Public
Service Personnel alike to join in expressing their sincere thanks, gratitude and appreciation for the many
long hours of outstanding service and quality performance these outstanding individuals provide throughout
the year to assure the safety and welfare of all.
Given under my hand this 21" day of March, 2017.
Robert W. "Bob" Warren, Chair
Pittsylvania County Board of Supervisors
David M. Smitherman, County Administrator
Pittsylvania County Board of Supervisors
P118
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE: AGENDA DATE:
Proclamation — National Public Safety 03-21-2017
Telecommunications Week
SUBJECT/PROPOSAL/REQUEST:
Proclamation
STAFF CONTACT(S):
Mr. Smitherman
ACTION:
CONSENT AGENDA:
ACTION:
Yes
ATTACHMENTS:
Proclamation
REVIEWED BY: 6�
ITEM NUMBER:
6(g)
INFORMATION:
INFORMATION:
BACKGROUND:
The Board of Supervisors annually passes proclamations to support the dispatchers in the County E-911 Center for
the work they do to provide safety for the community throughout the year.
DISCUSSION:
Attached hereto, is a proclamation establishing April 9-15, 2017 as National Public Safety Telecommunications
Week in Pittsylvania County. The Board of Supervisors expresses their sincere appreciation and honors the men
and women whose diligence and professionalism keeps the County and citizens of our community safe.
RECOMMENDATION:
Staff recommends the Board of Supervisors approve the attached proclamation and authorize the County
Administrator to submit it to the required news media.
Pi 19
vVittolbania Couutp 38oarb of �buperbi!6orq
Proclamation
NATIONAL PUBLICSAFETY TELECOMMUNICATIONS WEER
April 9"' —1 P, 2017
Whereas emergencies can occur at any time that require police, fire or emergency medical
services; and,
Whereas when an emergency occurs the prompt response of police officers, firefighters and
paramedics is critical to the protection of life and preservation of property; and,
Whereas the safety of our police officers and firefighters is dependent upon the quality and
accuracy of information obtained from citizens who telephone the Pittsylvania County police -fire
communications center; and,
Whereas Public Safety Telecommunicators are the first and most critical contact our citizens have
with emergency services; and,
Whereas Public Safety Telecommunicators are the single vital link for our police officers and
firefighters by monitoring their activities by radio, providing them information and insuring their safety;
and,
Whereas Public Safety Telecommunicators of Pittsylvania County have contributed substantially
to the apprehension of criminals, suppression offires and treatment ofpatients; and,
Whereas each dispatcher has exhibited compassion, understanding and professionalism during
the performance of their job in the past year;
Therefore Be It Resolved that the Board of Supervisors of Pittsylvania County declares the week
ofApril 9 through 15, 2017 to be National Public Safety Telecommunicators Week in Pittsylvania County
in honor of the men and women whose diligence and professionalism keep our city and citizens safe.
Given under my hand this day 21s` day of March, 2017.
Robert W. "Bob" Warren, Chair
Pittsylvania County Board of Supervisors
David M. Smitherman, County Administrator
Pittsylvania County Board of Supervisors
P120
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE: AGENDA DATE: ITEM NUMBER:
Letter of Recognition — Pittsylvania County Public 03-21-2017 6(h)
Schools' Faculty/Students of JROTC, BETA and Interact
Clubs CONSENT AGENDA ACTION:
Yes
SUBJECT/PROPOSAL/REOUEST•
Letter of Recognition
STAFF CONTACT(S):
Mr. Smitherman
ATTACHMENTS:
1. Letter of Recognition
2.Emai1 & Letter from
Dircctor,(DSS)
REVIEWED BY: /
Cheryl Fisk, Assistant
BACKGROUND:
Cheryl Fisk, Assistant Director for Pittsylvania County Department of Social Services (DSS), informed the Board
of Supervisors of community efforts performed by students and faculty of the JROTC, BETA and Interact Clubs
that benefits DSS clients. Ms. Fisk requested that the Board of Supervisors consider some type of recognition to
the groups for the invaluable service their efforts provide.
DISCUSSION:
Attached hereto, is a Letter of Recognition to Dr. Mark Jones, Superintendent for the Pittsylvania County Public
Schools, recognizing the efforts of faculty and students of the JROTC, BETA and Interact Clubs. Dr. Jones will be
present to accept the letter on behalf of the faculty and students involved. A copy of the letter will also be provided
to Chatham, Dan River and Tunstall High Schools.
RECOMMENDATION:
Staff recommends the Board of Supervisors approve and present the Letter of Recognition to Dr. Mark Jones.
P121
Pittsylvania County
SUPERVISORS
Robert W. Warren, Chairman
Joe B. Davis, Vice -Chairman
Tim R. Bather
Jessie L. Barksdale
Elton W. Blackstock
Jerry A. Hagerman
Ronald S. Scearce
Dr. Mark Jones, Superintendent
Pittsylvania County Schools
PO Box 232
Chatham, VA 24531
March 16, 2017
Dear Dr. Jones,
BOARD OF SUPERVISORS
P.O. Box 426
Chatham, VA 2,4531
David M. Smitherman
County Administrator
Phone (434) 432-7710
Fax (434) 432-7714
Email: david.smithennan@pittgov.mg
I am writing this letter on behalf of the Pittsylvania County Board of Supervisors to recognize
the efforts of the JROTC Instructors and Cadets from Chatham High School, Dan River High
School, and Tunstall High School, as well as the Beta and Interact students and instructors from
Chatham High School. The amount of effort and dedication they portray for doing good in our
community is immense. They assist the Pittsylvania County Department of Social Services with
their yearly "Project Santa Claus" to ensure that children in our community are able to have
Christmas gifts. Due to the hard work and dedication from the JROTCs, Beta Club, and the
Interact Club, the Department of Social Services has been able to help over 500 children per year
at Christmas. Not to mention that this type of work is often done after school hours and on their
own personal time. These students truly are a wonderful asset to our community and are very
much appreciated.
The Board also applauds the JROTC Instructors: SFC(R) Eddie Perdue, Chatham High School;
Lt. Col. David King and Sgt. Major Hubert Royall, Tunstall High School; and CW2 Ronald E.
Emerson, Senior Army Instructor and SFC(R) Michael Coder, Dan River High School. Melanie
Wade, Rebecca Parsons, and Christy Lipscomb are the instructors of the Beta and Interact Clubs
at Chatham High School and we commend them as well for their hard work, dedication, and
guidance for all of their students. The efforts of the instructors and students have not gone
unnoticed and are deeply appreciated.
Sincerely,
Robert W. Warren, Chairman
Pittsylvania County Board of Supervisors
Cc: Chatham High School
Dan River High School
Tunstall High School
P122
From: Robert Warren
Sent: Tuesday, February 21, 2017 9:29 PM
To: David M. Smitherman <>
Cc: Jessie L. Barksdale <Lessie barksdalelapittaov ora>
Subject: Fwd: Hello!
I thank this is a good idea
Sent from my iPhone
Begin forwarded message:
From: "Jessie L. Barksdale" <jessie.barksdale(a�pittgov org>
Date: February 21, 2017 at 2:34:07 PM EST
To: Robert Warren <Robert. Warren(iDpitt ov org>
Subject: FW: Hello!
Mr. Chairman,
I would appreciate your help with this. Thanks.
Jessie Barksdake
From: Fisk, Cheryl (VDSS) [chervl.fisk(&dss.vireinia govl
Sent: Tuesday, February 21, 2017 2:10 PM
To: Jessie L. Barksdale
Subject: Hello!
Good Afternoon Mr. Barksdale
First let me say how disappointed I was to find out you are no longer serving on our Board. You
were an amazing Board member, and I truly appreciate all of your support throughout the
years. Second, I would like to follow up on the conversation we had at the December Board
meeting, about the Board of Supervisors recognizing the Tunstall, Dan River and Chatham
JROTC's and the Chatham Beta Club and Interact Club for all that they do for our clients each
Christmas. I have attached a letter I mailed to the School Superintendent, and was just hoping
that the Board could do a Resolution of Appreciation for all that these students and faculty do for
our community each year. Please let me know if this is something you can help me with, and
also know you will be missed on our Board.
Cheryl H. Fisk
P123
tPITTSYLVANIA COUNTY
DEPARTMENT OF SOCIAL
SERVICES
SHERRY R. FLANAGAN 220 H.G. McGhee DRIVE DANVILLE
DIRECTOR POST OFFICE DRAWER E (434)792-8635
CHATHAM, VIRGINIA 24531 GRETNA
(434) 656$407
Phone: (434) 432-7281
Fax: (434) 432-0923
Dr. Mark Jones, Superintendent
Pittsylvania County Schools
PO Box 232
Chatham, VA 24531
January 19, 2017
Dear Dr. Jones:
I am writing to express my sincere appreciation to the JROTC Instructors and Cadets from
Chatham High School, Dan River High School and Tunstall High School, as well as the Beta and
Interact students and instructors from Chatham High School. Each year, the students in these
organizations stand outside in the cold conditions, and collect toys and monetary donations for
the Pittsylvania County Department of Social Services "Project Santa Claus." Not only do they
have to give up their weekends, they get up early, get dressed in their uniform (JROTC) and
stand outside in inclement weather conditions, when most students their ages are relaxing at
home in their pajamas. They establish dates with the local Wal-Mart and K -Mart stores in
advance, prints brochures to hand shoppers as they enter the store, and offer heartfelt thanks to
each shopper that donates to the cause. They collect toys, unload them at school and reload them
in our agency vehicle, or deliver them to our agency. Referrals for needy children are made by
services and eligibility staff at the Pittsylvania County Department of Social Services, and each
child receives up to five donated new gifts. In the past four years, our agency has served over
500 children per year. As a result of the JROTCs, Beta Club and Interact Club students' hard
work and dedication, children that would otherwise receive minimal or no Christmas gifts, are
provided with Christmas gifts, and the family can have a loving Holiday Season.
P124
Page Two
I truly feel, that in a world that is plagued with school shootings, high drop-out rates, and a
multitude of negativity aimed at the youth of today, these students exemplify the model students
that put other's needs above their own, therefore making this community a better place to live. I
also strongly commend the following JROTC Instructors: SFC(R) Eddie Perdue, Chatham High
School; Lt. Col. David King and Sgt. Major Hubert Royall, Tunstall High School and CW2
Ronald E. Emerson, Senior Army Instructor and SFC (R) Michael Coder, Dan River High
School. I would also like to recognize Melanie Wade, Rebecca Parsons and Christy Lipscomb,
instructors of the Beta and Interact Clubs at Chatham High School. These instructors also
sacrifice their valuable weekends and provide guidance and education, as well as serving as
mentors to their students, teaching them to be giving, productive members of society. These
cadets and faculty take the phrase "No Child Left Behind" to a whole new level!
Sincerely,
Cheryl Fisk, Assistant Director
Pittsylvania County Department of Social Services
cc: Randy Foster, Principal
Steven Mayhew, Principal
Brian Boles, Principal
P125
PITTSYLVANIA COUNTY
Board of Supervisors
AGENDA TITLE:
Purchase of Service Weapon
SUBJECT/PROPOSAL/REQUEST:
Purchase of Service Weapon
STAFF CONTACT(S):
Mr. Smitherman; Sheriff Taylor
EXECUTIVE SUMMARY
AGENDA DATE:
03-21-2017
ACTION•
CONSENT AGENDA:
ACTION:
Yes
ITEM NUMBER:
6(i)
INFORMATION:
INFORMATION:
ATTACHMENTS:
1) Letter from Sheriff Michael W. Taylor
2) § 59.1-148.3(B). Purchase of handguns of certain officers;
Code of Virginia, 1950, as amended
REVIEWED BY:
BACKGROUND:
Over the years, the Pittsylvania County Board of Supervisors has approved requests to purchase service weapons
issued members of the Pittsylvania County Sheriff's Office meeting the requirements under §59.1-148.3, Purchase
of Handguns of Certain Officers, of the Code of Virginia, 1950, as amended.
DISCUSSION:
Attached hereto, is a letter from the Honorable Mike Taylor, Sheriff of Pittsylvania County, requesting approval
from the Board of Supervisors that Deputy Sheriff Virginia K. Newman be allowed to purchase her issued service
weapon upon retirement. §59.1-148.3, Purchase of Handguns of Certain Officers, of the Code of Virginia, 1950, as
amended, covers the circumstances pertaining to officers being allowed to purchase their issued service weapons.
This request meets all the requirements of the State code. (See attached).
RECOMMENDATION:
Staff recommends the Board of Supervisors approve Sheriff Taylor's request that Deputy Sheriff Virginia K.
Newman be allowed to purchase her issued service weapon upon retirement.
P126
9Nichaef-W. Thyfor
Sheriff
die Office of the Sheriff
Pzttsy vanza County
Phone - (434) 432-7800 Fax - (434) 432-7823
En1aiC-pcso@pittgay.org -Website - wlvw.pittsylvaniasheriff.org
March 7, 2017
Mr. David M. Smitherman, County Administrator
Pittsylvania County
P. O. Box 426
Chatham, Virginia 24531
Re: Purchase of Service Weapon / Glock Model 22- Serial Number YMT 87o
Dear Mr. Smitherman:
1�ooretl�f�
P Bey
P.O. Box 407
Chatham, IVA 24531
Deputy Sheriff Virginia K. Newman is retiring 1 May 2017 due to nonservice-incurred disability
from the Pittsylvania County Sheriffs Office. Deputy Newman has served 16 years and 7 months
and is leaving our office in good standing. Deputy Newman has requested to purchase her issued
duty weapon, that which is referenced above. I am asking for your approval of Deputy Newman's
request for the purchase of her duty weapon for $1.00 as defined in § 99.1-148.3, Code of Virginia.
Thank you for your attention in this matter of mutual interest. With kindest regards I remain,
Sheriff
Enclosures 1: $1.00 U.S. Currency
Cc: Vaden Hunt, Esquire, Attorney for Pittsylvania County
Personnel File of Virginia K. Newman
fu
MWT/ngo
P127
3/32017 § 59.1-148.3. (Effective July 1, 2018) Purchase of handguns or odw weapons of certain officers
Get acquainted with our new Virginia State Law Portal! Law Help Center
Code of Virginia
Title 59.1. Trade and Commerce
�R)Q
Chapter 11.1. Firearms AU / CA
t7 / /ri'le 1 / 4131+117
This section has more than one version with varying effective date view a complete list of a versions of this section see Table of Contents.
X
§ 59.1-148.3. :" `� Purchase of handguns
or other weapons of certain officers.
A. The Department of State Police, the Department of Game and Inland Fisheries, the Department of Alcoholic Beverage Control,
the Virginia Lottery, the Marine Resources Commission, the Capitol Police, the Department of Conservation and Recreation, the
Department of Forest ryt „'' any regional jail board or authority, and any local police department may allow any full-time
sworn law-enforcement ;Mcer, }eputy, or regional jail officer, a local fire department may allow any full-time sworn fire marshal,
the Department of Motor Vehicles may allow any law-enforcement officer, any institution of higher learning named in § 23.1-1100
may allow any campus police officer appointed pursuant to Article 3 (§ 23.1-809 et seq.) of Chapter 8 of Title 23.1, retiring on or
after July 1, 1991, and the Department of Corrections may allow any employee with internal investigations authority designated by
the Department of Corrections pursuant to subdivision 11 of § 53.1-1 t&or,
eCidtiC, ii) at 70
years of age or older, or (iii) as a result of a service -incurred disability or who is receiving long-term disability payments fora
service incurred disability with no expectation of returning to the employment where he incurred the disabili _
�.e BaTttt Jj `sssbed or tb himby the agency or institution alma price of $Ihf the previously issued weapon is
µnoionger available, a weapon of like kind may be substituted for that weapon. This privilege shall also extend to any former
Superintendent of the Department of State Police who leaves service after a minimum of five years. This privilege shall also extend
to any person listed in this subsection who is eligible for retirement with at least 10 years of service who resigns on or after July 1,
1991, in good standing from one of the agencies listed in this section to accept a position covered by the Virginia Retirement
System. Other weapons issued by the agencies listed in this subsection for personal duty use of an officer may, with approval of
the agency head, be sold to the officer subject to the qualifications of this section at a fair market price determined as in
subsection B so long as the weapon is a type and configuration that can be purchased at a regulayhar w r r spo m goods
store a vale citizen wt ut r syr}ctions of r than the instary� b k�rovnd clyec?. 4(}/�C� L
...�r�..�e ft�� ti/�f�•�J S/ 7 - /IM/s fc �w � 7 . dl �. oTA r�
the agencies listed m subsection A may low any full-time savor law-enforcement officer who re ' es wi
& to purchase the service handgun issued to him by the agency at a price equivalent to the w apon s fair
m t v'atue on the date of the officer's retirement. Any full-time sworn law-enforcement officer employed by any of the agencies
listed in subsection A who is retired for disability as a result of a nonservice-incurred disability may purchase the service handgun
issued to him by the agency at a price equivalent to the weapon's fair market value on the date of the officer's retirement.
Determinations of fair market value may be made by reference to a recognized pricing guide.
I
C. The agencies listed in subsection A may allow the immediate survivor of any full-time sworn law-enforcement officer (i) who is
killed in the line of duty or (ii) who dies in service and has at least 10 years of service to purchase the service handgun issued to
the officer by the agency at a price of $1.
D. The governing board of any institution of higher learning named in § 23.1-1100 may allow any campus police officer appointed
pursuant to Article 3 (§ 23.1-809 et seq.) of Chapter 8 of Title 23.1 who retires on or after July 1, 1991, to purchase the service
handgun issued to him at a price equivalent to the weapon's fair market value on the date of the officer's retirement.
Determinations of fair market value may be made by reference to a recognized pricing guide.
E. Any officer who at the time of his retirement is a full-time sworn law-enforcement officer with a state agency listed in
subsection A, when the agency allows purchases of service handguns, and who retires after 10 years of state service, even if a
portion of his service was with another state agency, may purchase the service handgun issued to him by the agency from which
he retires at a price of $1.
F. The sheriff of Hanover County may allow any auxiliary or volunteer deputy sheriff with a minimum of 10 years of service, upon
leaving office, to purchase for $1 the service handgun issued to him.
http./Aaw.lis.vir4nia.gov/vacodelfitle59.1/Ch*eril.1/secfiaM.1-148.3/ 1/3
P128
P129
PUBLIC HEARING
P130
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE: AGENDA DATE: ITEM NUMBER:
Potential Southside Soccer Club Lease 03-21-2017 7
REOUEST/ACTION: ACTION:
Conduct Public Hearing; Potentially Approve Yes
Lease
ATTACHMENTS:
STAFF CONTACT: (1) Southside Soccer Club Lease Request Letter
Mr. Hunt (2) Virginia Code § 15.2-1800
(3) Southside Soccer Club Lease
(4) Previous Executive Summary
(5) Public Hearing Notice/Ad
REVIEWED BY:
�/�
BACKGROUND/DISCUSSION:
Southside Soccer Club has requested to lease from the Pittsylvania County Board of Supervisors
(`BOS") athletic fields and three (3) outbuildings located at the Old Blairs Middle School for
youth soccer purposes. Per Virginia Code § 15.2-1800, a public hearing is legally required to
lease County -owned property to a private entity.
RECOMMENDATION:
Staff recommends conducting the required public hearing, and, if it is the BOS' desire, authorize
the execution of the attached lease between the BOS and the Southside Soccer Club for the
aforementioned property.
P131
Chris Anderson
Southside Soccer Club
200 Blairs Middle School Circle
Blairs, VA 24527
February 1, 2017
David M Smitherman
County Administrator
Pittsylvania County
1 Center St
Chatham, VA 24531
Mr. Smitherman:
I have been designated as a point of contact by the Board of Directors of Southside Soccer Club in reference to an agreement
between Pittsylvania County and Southside Soccer Club (SSC). The following information is intended to provide limited
background information about SSC and what we do, as well as a recommended working agreement between the two
aforementioned entities.
• SSC is a registered non-profit organization that was formed in 2003.
• SSC has an all -volunteer, 11 member Board of Directors.
• SSC has an annual membership that fluctuates between approximately 900-1000 players, which form 70-80 teams.
• SSC has an annual volunteer force of approximately 180 adults, including coaches, concession workers and grounds
maintenance volunteers.
• SSC employs between 75 —100 referees per year, made up of teenagers and adults.
• SSC employs 2 soccer coaches at the Academy level and 1 Director of Technical Training.
• SSC receives no outside funding
• SSC has approximately $20,000 in grounds maintenance equipment in secure storage at facility.
• SSC spends approximately $4500 in lawn/grounds mowing and weed control annually as well as parking lot repair.
• SSC spends approximately $800-$1000 per year in fertilizer and seed per year on soccer fields.
• SSC currently occupies 2 buildings at facility, the Clubhouse and a secured garage/shop.
• The Clubhouse holds one restroom, an office, a secure storage room with video surveillance equipment, a concession
stand and a large multi -use area for eating/breaks, training and BOD meetings. This area has been maintained by SSC
at no cost to Pittsylvania County.
• SSC currently occupies the entire East side, and South Side fields on the Blairs property which is used for 6-8 soccer
fields during Spring and Fall seasons.
• SSC is a member of Virginia Youth Soccer Association and United States Soccer Association.
• SSC participates in Interleague play with the City of Danville, and the Counties of Halifax, Charlotte, Mecklenburg,
Appomattox and Rockingham, NC.
• SSC is the largest soccer body in southern VA.
The following bullet points represent the ways in which SSC offers to serve the citizens of Pittsylvania County. Reference
may be made to the additionally attached photo from Google Earth:
• Continue to provide superior and exemplary service to the 900-1000 players and their supporting families.
• Continue to maintain the grass covered grounds at the Blairs facility within the red lines of the complex on the Google
Earth attachment, including but not limited to: fertilizer, lime, seed, aerating, grass mowing and weed control, removal
of debris, fallen trees and litter.
• General maintenance, such as filling in potholes, of the parking lot area on the Western, Southern and Eastern sides of
the building.
• General maintenance of clubhouse, Shop #1 and Shop #2 including but not limited to light bulbs, drop ceilings, floor
coverings and interior paint.
P132
• Provide and maintain weekly, Porta -Potties, including ADA approved devices.
The following bullet points represent the requests of SSC to Pittsylvania County Board of Supervisors in return of the
services offered by SSC:
• Continued use of clubhouse building, shop #1 and shop #2. Please note; currently SSC only uses shop #1. We are now
asking for use of shop #2 in addition to #1. The benefit for SSC in having both shops will be that we can store our
soccer goals inside during the offseason, prolonging the life of the steel goals and the nylon nets, as well as protection
from theft.
• Continued use of all grass covered fields within red outlined area on Google Earth image.
• Continued use of all parking areas and common areas outlined on Google Earth image.
• Use of electrical service, water service and septic service for clubhouse and both shops.
• Repair of, and use of field lights on East side of field. These lights were in working order until PCSA trenched on the
property, now only a few lights work.
• Repair of broken windows to shop. We do not need glass. If boarding is less expensive that is fine.
• Repair of caps on septic system, located on south side of building and maintenance of septic system. This area is
identified by yellow circle on Google Earth image.
• 10 year lease agreement — While this may seem like a long commitment, we are happy to agree to termination with a
90 day agreement. The reason we want this is because if we are able to secure such an agreement, it makes us eligible
for turf management grants as well as administrative grants through US Soccer. As you can tell by the photos, the
common areas of the fields are very worn due to the high traffic during the seasons. The 90 days would be sufficient
for us to finish a season if we were mid-season and you wished to terminate the agreement.
• Lease agreement to be at no cost to SSC.
In closing, I would like to point out that the buildings we request to occupy are not attached to the main building. They are in
much better shape and have been reviewed by the Fire Marshall. On behalf of SSC BOD, thank you very much for entertaining
our requests, allowing us to continue to serve our children and community.
Sincerely,
Chris Anderson
434-441-7194
Papagoat34@gmaii.com
P133
Virginia 6 15.2-1800. Purchase, sale, use, etc., of real arooerty.
A. A locality may acquire by purchase, gift, devise, bequest, exchange, lease as lessee, or otherwise, title to, or any interests in,
any real property, whether improved or unimproved, within its jurisdiction, for any public use. Acquisition of any interest in real
property by condemnation is governed by Chapter 19 (§ 15.2-1901 et seq.). The acquisition of a leasehold or other interest in a
telecommunications tower, owned by a nongovernmental source, for the operation of a locality's wireless radio communications
systems shall be governed by this chapter.
B. Subject to any applicable requirements of Article VII, Section 9 of the Constitution, any locality may sell, at public or private
sale, exchange, lease as lessor, mortgage, pledge, subordinate interest in or otherwise dispose of its real property, which includes
the superjacent airspace (except airspace provided for in § 15.2-2030) which may be subdivided and conveyed separate from the
subjacent land surface, provided that no such real property, whether improved or unimproved, shall be disposed of until the
governing body has held a public hearing concerning such disposal. However, the holding of a public hearing shall not apply to
(i) the leasing of real property to another public body, political subdivision or authority of the Commonwealth or (ii) conveyance
of site development easements across public property, including, but not limited to, easements for ingress, egress, utilities, cable,
telecommunications, stone water management, and other similar conveyances, that are consistent with the local capital
improvement program, involving improvement of property owned by the locality. The provisions of this section shall not apply to
the vacation of public interests in real property under the provisions of Articles 6 (§ 15.2-2240 et seq.) and 7 (§ 15.2-2280 et seq.)
of Chapter 22 of this title.
C. A city or town may also acquire real property for a public use outside its boundaries; a county may acquire real property for a
public use outside its boundaries when expressly authorized by law.
D. A locality may construct, insure, and equip buildings, structures and other improvements on real property owned or leased by
it.
E. A locality may operate, maintain, and regulate the use of its real property or may contract with other persons to do so.
Notwithstanding any contrary provision of law, general or special, no locality providing access and opportunity to use its real
property, whether improved or unimproved, may deny equal access or a fair opportunity to use such real property to, or otherwise
discriminate against, the Boy Scouts of America or the Girl Scouts of the USA. Nothing in this paragraph shall be construed to
require any locality to sponsor the Boy Scouts of America or the Girl Scouts of the USA, or to exempt any such groups from
local policies governing access to and use of a locality's real property. The provisions of this paragraph applicable to a locality
shall also apply equally to any local governmental entity, including a department, agency, or authority.
F. This section shall not be construed to deprive the residentjudge r rjudges of the right to control the use of the courthouse.
G. "Public use" as used in this section shall have the same meaning as in § 1-219.1.
Code 1950, § 15-692; 1962, c. 623, § 15.1-262; 1968, c. 418; 1974, c. 282; 1977, c. 269; 1979, a 431; 1980, cc. 212, 559; 1984,
c. 241; 1986, cc. 477, 573; 1990, c. 813; 1997, c. 587; 1998, c. 696; 2005, c. 822; 2006, c. 57; 2007, cc. 882, 901, 926.
P134
LEASE AGREEMENT
This LEASE AGREEMENT (the "Lease"), is made on _, 2017 ("Date of
Execution"), between the Board of Supervisors of Pittsylvania County, Virginia ("Lessor"), a
political subdivision of the Commonwealth of Virginia, and Southside Soccer Club ("Lessee"), a
(collectively "the Parties").
WITNESSETH
THAT FOR AND IN CONSIDERATION of the mutual covenants and agreements
herein contained, the Parties do hereby covenant and agree as follows:
1. LEASE OF PROPERTY; COVENANTS OF OWNERSHIP; QUIET ENJOYMENT:
Lessor hereby leases and demises, and Lessee hereby rents, the following -described real Property
and appurtenances thereon located in and around 200 Blairs Middle School Circle, Blairs,
Virginia 24527: the clubhouse building, shop #1, shop #2, all grass fields within the outlined
area on the Google Earth image attached hereto as Exhibit "A" and made a part hereof, and all
parking areas and common areas within the outlined area as detailed on Exhibit "A" (the
"Premises"). The Premises is solely leased for soccer purposes. Any other purpose must be
approved by Lessor. Lessor covenants and agrees that it is the owner of the demised Premises,
and that Lessee shall have quiet enjoyment thereof for the Lease's duration.
2. TERM OF LEASE, RENEWALS; TERMINATION: The initial term of this Lease
shall be for one (1) year, commencing as of the Date of Execution above. Unless terminated as
described below, this Lease shall be automatically renewed for eight (8) successive one-year
terms following the expiration of the initial term. Lease may be terminated by either party with
ninety (90) days' written notice.
3. RENT: For the Lease's initial term and any Lease extension(s) thereto, Lessee
covenants and agrees to pay to Lessor, as rental for the Premises, the sum of one dollar ($1.00)
per year. All rent payments shall be made payable to the Treasurer of Pittsylvania County,
Virginia, and sent to the following address: 21 Main Street, P.O. Box 407, Chatham, Virginia
24531.
4. REAL ESTATE TAXES: Lessee shall not be liable for any real estate taxes
associated with the demised Premises (if any) during the initial term of this Lease and any
extension(s) thereof.
5. UTILITIES: Lessee shall be responsible for paying for all utilities used on or in the
Premises during the initial term of this Lease and any extension(s) thereof.
6. INSURANCE; INDEMNIFICATION:
A. Casualty Insurance on Contents: Lessee shall maintain, at its expense, fire and
casualty insurance coverage, protecting its property and the property of others located on the
Premises from loss, damage, or injuries.
Page 1 of 6
P135
B. Liability Insurance During the Lease: Lessee shall provide and keep in force, for the
protection of the general public and Lessor, liability insurance against claims for property
damage, bodily/personal injury, or death upon the Premises, to the extent of not less than five
hundred thousand and 00/100 dollars ($500,000.00), with respect to property damage,
bodily/personal injury, or death to any one (1) person and to the extent of not less than one
million and 00/100 dollars ($1,000,000.00) for property damage, bodily/personal injury, or death
to any number of persons arising out of one accident.
C. Notice to Lessor Regarding Insurance: Any form of insurance provided in Paragraph
6(B), shall be in a form approved by Lessor. Unless otherwise provided, such policy shall name
Lessor as an additional insured and shall contain a clause that the insurer shall not cancel,
materially modify, or fail to renew the insurance without first giving Lessor thirty (30) days'
prior written notice Any such insurance shall be with an insurance company approved by the
Lessor, authorized to do business in the Commonwealth of Virginia, and have a policyholder's
rating of no less than "the most current edition of best insurance reports." A copy of the policy
or certificate evidencing the insurance shall be delivered to the Lessor.
D. Indemnification of Lessor: Lessor shall not be liable for any damage to property or
injury arising from Lessee's occupation or use of the Premises, except as may be caused by
Lessor's failure to perform under the Lease. Lessee shall protect, indemnify, defend, and save
harmless the Lessor, his agents, or servants from and against any and all claims, actions,
damages, liabilities, and expenses (including reasonable attorneys' fees) resulting from the
negligent, unlawful, or willful acts or omissions of Lessee, Lessee's employees, representative,
agents, customers, invitees, or visitors, or from Lessee's failure to perform any obligation
imposed upon it by law or the provisions of this Lease, notwithstanding any possible negligence
(whether sole, concurrent, or otherwise) on the part of Lessor, its agents, contractors, or servants.
7. MAINTENANCE OF THE PREMISES: REPAIR OF FIXTURES:
A. MAINTENANCE OF PREMISES: Lessee shall maintain the Premises at all
times in a neat and orderly condition. Any and all exterior signage shall be approved by Lessor.
Lessee shall maintain the Premises' grass covered grounds as detailed on Exhibit "A," including,
but not limited to: fertilizing, lime application, seeding, aerating, grass mowing, weed control,
field lining, debris removal, removal of fallen trees, and litter cleanup. Lessee shall also provide
general maintenance, including filling potholes, of the parking lot areas as detailed on the Exhibit
"A." Moreover, Lessee shall provide general maintenance to the clubhouse, shop #1, and shop
#2, including, but not limited to: replacing light bulbs, repair/replacing drop ceilings,
repair/replacement of floor coverings, and maintenance of interior paint. Finally, Lessee shall
provide and maintain weekly any and portable toilets housed on the Premises, included ADA -
approved devices.
B. REPAIRS TO PREMISES: Lessor shall make the following repairs to the
Premises prior to commencement of the Lease's initial term: repair of the field lights on the East
side of the main field; repair of the broken windows (if any) on shop #1 and shop #2
Page 2 of 6
P136
(replacement glass or secure boarding is acceptable to Lessee); and repair of all broken and/or
cracked septic concrete caps.
C. REPAIRS AND MAINTENANCE OF PLUMBING, WIRING AND OTHER
FIXTURES: Repairs and maintenance oFto the heating (if applicable), air conditioning (if
applicable), plumbing equipment, septic equipment/system, and/or electrical wiring shall be the
Lessor's responsibility, unless the repairs and/or maintenance required are the result of the
improper use or negligence of the Lessee, Lessee's invitees or licensees, in which event the
repair shall be the responsibility of Lessee. Repairs and/or maintenance oFto all other equipment
and fixtures during the term of this Lease shall be the responsibility of Lessee.
8. DESTRUCTION OF PREMISES: If Premises is totally destroyed by casualty or
becomes so extensively damaged, without fault of Lessee, so as to render the demised Premises
unusable by Lessee, Lessor or Lessee may elect to terminate this Lease and the proceeds of any
insurance on the Premises or personal property leased hereunder shall be the Lessor's property.
9. ALTERATIONS OR IMPROVEMENTS: No alterations or improvements shall be
made to the demised Premises by the Lessee without Lessor's prior written consent. Any and all
alterations or improvements made to the Premises shall be the Lessor's property at the Lease's
termination.
10. ASSIGNMENTS AND SUBLEASE: No assignment or sublease of the rights of the
Lessee under this Lease shall be made without Lessor's prior written consent.
11. LESSOR'S RIGHT OF ENTRY: Lessor may, at reasonable times, enter upon the
demised Premises for the purpose of inspecting the same.
12. BREACH OF COVENANTS: In the event Lessee fails to perform any of the other
covenants of this Lease to be performed by Lessee under this Lease, then Lessor shall have the
right, in addition to all other rights or remedies provided by law or equity, to: (i) without
demand or notice to re-enter, by force or otherwise, and take possession of the Premises without
being liable by doing said; and (ii) setoff against rents paid in advance for any damages caused
by such breach, with the Lessee being liable for any deficiency. In the event Lessor fails to
perform any of the covenants of this Lease to be performed by Lessor, Lessee shall have all
rights and remedies provided by law and equity. If an action is brought to enforce any of the
rights or remedies available to either party in the event a breach of any term of this Lease, the
prevailing party shall be entitled to any and all costs expended, including reasonable attorneys'
fees, court costs, and litigation costs.
13. IMMEDIATE TERMINATION OF LEASE: In the event that Lessee should execute
any Deed of Assignment for the benefit of creditors, file a petition in bankruptcy, or should the
property of the Lessee be levied upon by any creditors, the Lessor, at its discretion, shall have the
option, if allowed by law or equity, to declare this Lease terminated.
Page 3 of 6
P137
14. WAIVER OF BREACH: The failure of Lessor to enforce one (1) or more of the
terms or conditions of the Lease, from time -to -time, shall not constitute a waiver of such terms or
conditions upon subsequent or continuing breach.
15. APPLICABLE LAW: This Lease shall be construed according to the laws of the
Commonwealth of Virginia.
16. VENUE: The legal venue for any litigation arising out of this Lease shall be the
appropriate court of Pittsylvania County, Virginia.
17. ENTIRE AGREEMENT: This Lease constitutes the entire agreement between the
Parties. This Lease may not be changed orally, but only by an agreement in writing, signed by
both Parties.
18. BENEFIT: This Lease shall inure to the benefit of, and shall bind the heirs,
successors, and assigns of the Parties.
19. NOTICES: Any notice or demand under this Lease shall be by registered or certified
mail, return receipt requested, sent to the Parties at the addresses listed below, and shall be
deemed delivered on the date postmarked:
A. LESSOR: Pittsylvania County Administration
1 Center Street
P.O. Box 426
Chatham, Virginia 24531
B. LESSEE: Southside Soccer Club
Witness the following signatures and seals:
[THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
Page 4 of 6
P138
LESSOR:
THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA
BY:
Name (Printed):
Its:
COMMONWEALTH OF VIRGINIA
COUNTY OF
BE IT REMEMBERED, that before me on this day of 2017,
appeared , who acknowledged the signing of the foregoing
instrument to be his voluntary act and deed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my
official seal, on the day set forth above.
NOTARY PUBLIC
APPROVED AS TO FORM
J. Vaden Hunt, Esq.
Pittsylvania County Attorney
Page 5 of 6
P139
LESSEE:
SOUTHSIDE SOCCER CLUB
BY:
Name (Printed):
Its:
COMMONWEALTH OF VIRGINIA
COUNTY/CITY OF
BE IT REMEMBERED, that before me on this _ day of 2017,
appeared 'who acknowledged the signing of the foregoing
instrument to be his/her voluntary act and deed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my
official seal, on the day set forth above.
NOTARY PUBLIC
Page 6 of 6
P140
PUBLIC HEARING NOTICE
The Pittsylvania County Board of Supervisors will hold a public hearing on Tuesday, March 21,
2017, at 7:00 p.m., in the General District Courtroom, located on the second floor of the Edwin
R. Shields Courthouse Addition, at 11 Bank Street, Chatham, Virginia, 24531, to receive citizen
input on potentially leasing publicly owned property located at 200 Blairs Middle School Circle,
Blairs, Virginia 24527, to Southside Soccer Club for soccer recreational purposes. A complete
text of the proposed change is available in the Pittsylvania County Administrator's Office, 1
Center Street, Chatham, Virginia, 24531, Monday through Friday, between the hours of 8:00
a.m. and 5:00 p.m., as well as on the County's website at www.pittgov.org.
P141
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VA,
PRESENTATIONS
P143
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Update on Danville Regional Health Collaborative —
Annie Martine, Senior Program Officer, Danville
Regional Foundation
SUBJECT/PROPOSAL/REOUEST:
Program Update
STAFF CONTACT(S):
Mr. Smitherman
BACKGROUND:
AGENDA DATE:
03-21-2017
INFORMATION:
Yes
ATTACHMENTS:
No
REVIEWED BY: (�
Annie Martinie, Senior Program Officer for the Danville Regional Foundation, will give an update on the Regional
Health Collaborative
RECOMMENDATION:
Staff submits this for the Board's review and consideration.
P144
NEW BUSINESS
P145
PITTSYLVANIA COUNTY
Board of Supervisors
Work Session
EXECUTIVE SUMMARY
BACKGROUND/DISCUSSION:
On February 22, 2017, the Legislative Committee ("LC") met on several topics, one of them
being the present matter. The Honorable Shirley Hammock informed the LC that it was
recommended to her by the Commonwealth of Virginia's Department of Taxation, to protect the
County legally, to add Merchants' Capital to the County's list of General Levies under PCC § 6-
1.1. Accordingly, to effectuate the same, the attached revision to PCC § 6-1.1 is required. The
LC supported said revision, and recommended the same to the full Pittsylvania County Board of
Supervisors (`BOS").
RECOMMENDATION:
For the BOS' consideration. It is recommended that the BOS authorize County Staff to
advertised and conduct a public hearing at the BOS' April Business Meeting on the attached
revisions to PCC § 6-1.1, as required by Virginia law.
P146
AGENDA DATE: ITEM NUMBER:
ittee; Amendment to Pittsylvania
3/21/17 9(a)
C") 6-1.1 (General Levy Revision-
7[�ENDAt
ital)
ACTION•
Yes
REQ:
Authorize Public Hearing to Amend PCC § 6-1.1
ATTACHMENT: (1)
(1) PCC § 6-1.1 (Redlined Revision)
STAFF CONTACT
Ms. Hammock
R EVIEWED BY•
BACKGROUND/DISCUSSION:
On February 22, 2017, the Legislative Committee ("LC") met on several topics, one of them
being the present matter. The Honorable Shirley Hammock informed the LC that it was
recommended to her by the Commonwealth of Virginia's Department of Taxation, to protect the
County legally, to add Merchants' Capital to the County's list of General Levies under PCC § 6-
1.1. Accordingly, to effectuate the same, the attached revision to PCC § 6-1.1 is required. The
LC supported said revision, and recommended the same to the full Pittsylvania County Board of
Supervisors (`BOS").
RECOMMENDATION:
For the BOS' consideration. It is recommended that the BOS authorize County Staff to
advertised and conduct a public hearing at the BOS' April Business Meeting on the attached
revisions to PCC § 6-1.1, as required by Virginia law.
P146
PITTSYLVANIA COUNTY CODE
SEC. 6-1.1. GENERAL LEVY
As required by the Code of Virginia, 1950, as amended, the Board of Supervisors shall approve
and appropriate an annual budget.
The annual budget shall be funded by an appropriation resolution which shall set the annual levy
in at least, but not limited to, the following classifications:
1. General Real Estate
2. Mobile Home and Barns
3. Machinery and Tools
4. Personal Property
5. Generating Equipment
6. Merchants' C'anital
(B.S.M. 11-19-02)(B.S.M. 04-06-09)
P147
PITTSYLVANIA COUNTY
Board of Supervisors
Work Session
EXECUTIVE SUMMARY
AGENDA TITLE: AGENDA DATE: ITEM NUMBER:
Legislative Committee; Amendment to Pittsylvania 3/21/17 9(b)
County Code § 4-30(b) (Building Official Change)
ACTION:
RFfNiF.RT- Yes
Authorize Public Hearing to Amend PCC § 4-30(b)
STAFF CONTACT:
Mr. Sides; Mr. Bowman
ATTACHMENT: (1)
(1) PCC § 4-30 (Redlined)
REVIEWED BY:,
BACKGROUND
Recently, the County's Organization Chart was revised by the County Administrator and some
duties reassigned. One such reassignment, was to now make the Building Official, and not the
Director of Code Compliance (as previously), responsible for the removal, repair, or securing of
dangerous structures under Pittsylvania County Code ("PCC") Chapter 4, Article III.
On February 22, 2017, the Legislative Committee ("LC") met on several topics, one of them
being the present matter. In order to effectuate the Building Official's above -reassignment of
duties, the attached revision to PCC § 4-30(b) is required. The LC supported the revision to PCC
§ 4-30(b), and recommended the same to the full Pittsylvania County Board of Supervisors
CBOS").
RECOMMENDATION:
For the BOS' consideration. It is recommended that the BOS authorize County Staff to
advertised and conduct a public hearing at the BOS' April Business Meeting on the attached
revisions to PCC § 4-30(b), as required by Virginia law.
P148
Article M.
REMOVAL, REPAIR OR SECURING OF DANGEROUS STRUCTURES
SEC. 4-30. DEFINITIONS
(a) Building Code shall mean the applicable provisions of the Uniform Statewide Building Code
relating to the maintenance of existing buildings as adopted by the Commonwealth of Virginia
and Board of Housing and Community Development.
(b) Code Officials shall mean the Building Official DiFeeter of
Gode. Damplian
...a__li__ee _ r his designee.
(c) Dangerous Structure shall mean any building, wall or other structure in Pittsylvania County
that fails to comply with the building code through damage, deterioration, infestation, improper
maintenance, or for any other reason or reasons, and thereby becomes unsafe, unsanitary, or
deficient in adequate exit facilities, or which constitutes a hazard or public nuisance or is
otherwise dangerous to human life, health or safety, or the public welfare and which might
endanger the public health or safety of other residents of Pittsylvania County.
(d) Lien -holder or Lien -holders shall mean any and all individuals, associations, corporations, or
other entities that have a mortgage or other lien of record of any kind on the property which are
of record against the owner. Either term may be singular or plural unless the contact indicates
otherwise.
(e) Owner means the owner or owners of the premises therein, as indicated in the tax records of
Pittsylvania County, Virginia.
SEC. 4-31. OWNER'S RESPONSIBILITIES.
It shall be the responsibility of all owners of buildings, structures and real property located
within the boundaries of Pittsylvania County to take the necessary action, at such time or times
as the Code Official may prescribe, to repair, remove, or secure any building, wall, or any other
structure on their property which might endanger the public health or safety of other residents of
Pittsylvania County, subject to such rights of appeal as are provided for in the section. All such
buildings or other structures declared by the Code Official to be a dangerous structure shall
either be made safe by compliance with the Building Code or be vacated and secured against
public entry or be taken down and removed as determined by the Code Official.
SEC. 4-32. NOTICES TO OWNERS AND LIEN HOLDERS.
Whenever the code official shall be of the opinion and finds that any structure in the County is a
dangerous structure as defined in this chapter, the Code Official shall cause written notice to be
served upon the owner and lien holder, as provided for in Section 4-33 of this chapter. Such
notice shall state that the building, wall or any other structure has been declared to be a
dangerous structure and shall, at a minimum, provide the following information:
(1) The location of the building or structure by street address and/or tax identification number
Page 1 of 4
P149
(2) A statement that the building or structure has been inspected by the Code Official or his
designee, and that it has been deemed to be a dangerous structure as defined in this chapter and,
further, to be declared by the Code Official as unsafe, unfit for human occupancy, or unlawful, as
defined in the uniform Statewide Building Code.
(3) A listing of the specific conditions which exist that cause the building or structure to
endanger the public health or safety of other residents of the County and, further, which cause
the Code Official to declare the building or structure to be unsafe, unfit for human occupancy or
unlawful with reference to the Uniform Statewide Building Code section that serves as a basis
for the declaration for a dangerous structure.
(4) A statement that the Code Official has determined that necessary corrective action to abate
the unsafe or dangerous conditions, as described in the notice, consist of one (1) of the following
actions:
(a) The completion of the repairs and/or improvements to the building or structure, which may
include the securing of the building or structure against public entry as provided in the notice; or
(b) The taking down or removal of the building or structure.
(5) An order to complete the necessary corrective action to abate the unsafe or dangerous
conditions as determined by the Code Official by specifying the required repairs and/or
improvements to be made to the building or structure or by requiring the building or structure to
be taken down and removed. The Order shall provide a stipulated time within the necessary
corrective action is to be completed.
(6) A statement that the failure to comply with the terms of a notice to abate the unsafe or
dangerous conditions will result in the County taking action to abate such conditions in
accordance with the provisions of § 15.2-906 of the Code of Virginia and/or of the Uniform
Statewide Building Code, as the Code Official deems appropriate.
(7) A statement of the owner's rights of appeal of the Code Official's decisions to the local Board
of Building Code Appeals in accordance with the appeals provision of the Uniform Statewide
Building Code.
SEC. 4-33. SERVICE OF NOTICE.
The notices issued pursuant to this chapter shall be served upon any owner and lien -holder in the
following manner:
A. Where the Code Official has determined the necessary corrective action to abate the unsafe or
dangerous condition is to make repairs to the building or structure, which may include the
securing of the building or structure against public entry, the notice shall be given by either
delivering a copy of the notice by certified mail or by registered mail, return receipt requested
sent to the address of record in the Office of the Commissioner of Revenue of
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P150
Pittsylvania County, Virginia
B. Where the Code Official has determined the necessary corrective action to abate the unsafe or
dangerous condition is to take down and remove the building or structure, the notice shall be a
written notice mailed by certified or registered mail, return receipt requested, sent to the last
known address of the property owner.
C. In addition to subsections (1) or (2) above, notice shall also be given to any such person or
entity by publishing once a week for two weeks a copy of the notice in the newspaper having
general circulation in the County in accordance with the applicable provisions of § 15.2-906
of the Code of Virginia.
SEC. 4-34. APPLICATION FOR APPEAL.
The owner or owner's agent of any building, wall or structure which has been declared to be a
dangerous structure and ordered by the Code Official to be repaired, secured or removed, as
provided for in this chapter, may appeal the decision to the local Board of Building Code
Appeals. A written request for appeal to the Board of Building Code of Appeals shall be
submitted within twenty-one (21) calendar days from the receipt of the decision to be appealed
on forms as provided by the Code Official. Upon receipt of any application for appeal, the Code
Official shall schedule a hearing within sixty (60) calendar days. The appeal hearing shall be in
accordance with the usual procedures of the Board of Building Code of Appeals. All procedures,
notices, hearings, decisions and other actions by the Building Code of Appeals shall be in
accordance with the appeals provisions of the building code.
SEC. 4-35. SECURING, REPAIR OR REMOVAL OF DANGEROUS BUILDINGS;
ACTIONS BY THE COUNTY.
A. If the dangerous condition has not been remedied with a structure secured or tom down and
removed within the time limit allowed by the Code Official, or if challenged, by the time
established following the final review of the Code Official's decision, the Code Official shall
with the approval of the County Administrator, proceed in accordance with the provisions of
§15.2-906 of the Code of Virginia, 1950, as amended, to cause the structure to be removed
repaired, secured as the Code Official deems appropriate, considering the condition of the
premises.
B. In the event the County, through its own agents or employees, removes, repairs or secures any
building, wall or any other structure after complying with the notice provisions of this chapter,
the cost of expenses there of shall be chargeable to and paid by the owners of such property and
may be collected by the County as taxes and levies are collected.
C. Every charge authorized by this section with which the owner of any such property shall have
been assessed and which remains unpaid shall constitute a lien against such property ranking on
a parity with liens for unpaid local taxes and enforceable in the same manner as provided for in
Article 3 (§58.1-3940 et seq.) and for (§58.1-3965 et seq.) of Chapter 39 of Title 58.1 of the
Code of Virginia, 1950, as amended.
Page 3 of
P151
SEC. 4-36. EXTENSION OF TIME.
In the event that any act required by this chapter cannot be performed within the time provided
due to shortage of materials, war, restraint by public authorities, strikes, local disturbances, civil
disobedience, or any other circumstances beyond the control of the actor, then the time within
which such act will be accomplished shall be extended for a period equivalent to the time of such
limitation; provided, however, that the person or entity seeking such extension shall make a
written request therefore within the then applicable time period.
SEC. 4-37. ADDITIONAL AUTHORITY.
In addition to the authority delegated to the Code Official in this chapter, the Code Official shall
have all of the authority extended to the Code Official in the Virginia Uniform Statewide
Building Code, as well as to take appropriate action on behalf of the County in an emergency to
abate, raze, or remove any dangerous structure which constitutes a public nuisance under the
provisions of § 15.2- 900 of the Code of Virginia, 1950; as amended.
Adopted by the Board of Supervisors on Monday, June 7, 2004 and became effective
immediately upon its passage.
Article I, See. 4-1 Adopted by the Board of Supervisors on Monday, June 21, 2005 and
became effective July 1, 2005.
Amended by the Board of Supervisors 10-16-2012
Page 4 of 4
P152
PITTSYLVANIA COUNTY
Board of Supervisors
Work Session
EXECUTIVE SUMMARY
AGENDA TITLE: AGENDA DATE:
Legislative Committee; Amendment to 3/21/17
Pittsylvania County Code ("PCC") Chapter 43
(VA COIA) ACTION:
Yes
REOUEST:
Authorize Public Hearing to Amend PCC
Chapter 43
STAFF CONTACT:
Mr. Hunt
ITEM NUMBER:
9(c)
ATTACHMENT: (2)
(1) PCC Chapter 43 (Redlined Revisions)
(2) VA COIA Disclosures Filing Primer
REVIEWED BY:
BACKGROUND/DISCUSSION:
On February 22, 2017, the Legislative Committee ("LC") met on several topics, one of them
being the present matter. In order to effectuate recent changes to the Virginia State and Local
Government Conflict of Interest Act ("VA COIA") disclosure/filing requirements, the attached
revision to PCC Chapter 43 is required. Said revision is supported by the VA COIA Council.
The LC also supported said revision, and recommended the same to the full Pittsylvania County
Board of Supervisors (`BOS").
RECOMMENDATION:
For the BOS' consideration. It is recommended that the BOS authorize County Staff to
advertised and conduct a public hearing at the BOS' April Business Meeting on the attached
revisions to PCC Chapter 43, as required by Virginia law.
P153
PITTSYLVANIA COUNTY CODE
CHAPTER 43
DISCLOSURE OF PERSONAL INTERESTS BY COUNTY OFFICIALS AND
EMPLOYEES
§ 43-1. Purpose.
§ 43-2. When and by Whom Required.
§ 43-3. Additional Disclosure.
See. 43-1. PURPOSE.
To enhance citizen confidence in local government, the disclosure statement of personal interests
of certain county officers and employees is required in accordance with the Virginia State and
Local Government Conflict of Interests Act (the "Act'). This Chanter does not apply to County
Constitutional Officers or the School Board Said entities are responsible for their own
disclosure filings under the Act.
SEC. 43-2. WHEN AND BY WHOM REQUIRED.
At the time(s) prescribed by the Act the following individuals shall be required to file the
following form(s):
A Disclosure of Real Estate Holdings (Virginia Code & 2.2-3115(G)):
1. Planning Commission Members;
2. Board of Zoning Appeals Members;
3. Board of Assessors Members;
4. Real Estate Assessor(s),
5. County Administrator; and
6 County Attorney (as an "executive officer").
B Statement of Economic Interests (Virginia Code & 2.2-3115):
1. Board of Supervisor Members;
2 County Administrator (as person holding a "position of trust" employed
by governing body); and
3 County Attorney (as person holding a "position of trust" employed by
governing body)
C Financial Disclosure Statement (Virginia Code & 2.2-3115):
1 Industrial Development Authority Members;
2. Service Authority Members;
P154
3 CPMT Members -
4. FAPT Members; and
5. Library Board Members
SEC. 43-3. ADDITIONAL DISCLOSURE.
Nothing contained in this article shall be deemed to relieve any person subject to the NLirginia
State ..-.a r ,.,..,, .-..-...f-_ Genfliet of Interest.,; Act from any requirement of disclosure of his
or her personal interest in a transaction of specific application, not otherwise identified in the
forms required hereby, or from the additional disclosures required by Virginia Code & Seeiea
2.2-3115, �f tlae oFonia, 1950, as ailiended _ Nothing contained herein also prevents
the Pittsvlvania County Board of Sunervisors from regmnng additional discretionary entities or
individuals from making VA COIA disclosures via Resolution (B.S.M. 6/6/16_)
P155
.,
SEC. 43-3. ADDITIONAL DISCLOSURE.
Nothing contained in this article shall be deemed to relieve any person subject to the NLirginia
State ..-.a r ,.,..,, .-..-...f-_ Genfliet of Interest.,; Act from any requirement of disclosure of his
or her personal interest in a transaction of specific application, not otherwise identified in the
forms required hereby, or from the additional disclosures required by Virginia Code & Seeiea
2.2-3115, �f tlae oFonia, 1950, as ailiended _ Nothing contained herein also prevents
the Pittsvlvania County Board of Sunervisors from regmnng additional discretionary entities or
individuals from making VA COIA disclosures via Resolution (B.S.M. 6/6/16_)
P155
VA COIA DISCLOSURE FILINGS
Virginia Code § 2.2-3115 (attached) governs VA COIR disclosures by local government
officers and employees
Virginia Code & 2-2-3155(C): No person shall be mandated to file any disclosure not
otherwise required by this article."
• The three (3) VA COIA disclosure filing forms are:
(1) Disclosure of Real Estate Holdings ("DOREH");
(2) Statements of Economic Interests ("SOEI"); (long form); and
(3) Financial Disclosure Statement ("FDS"); (short form)
• DOREH: (required filers)
(1) Planning Commission members;
(2) BZA members;
(3) Board of Real Estate Assessors Members
(4) Real Estate Assessor(s); and
(5) County Administrator and "executive officer"
• SOEI: (long form mandatory and/or discretionary filers)
(1) Board of Supervisors members;
(2) Members of Town Council (if town has population exceeding 3,500);
(3) School Board members;
(4) Persons holding positions of trust appointed or employed by the governing body if
the governing body passes an ordinance requiring them to file;
(5) Persons holding positions of trust appointed or employed by School Board if the
School Board passes an ordinance requiring them to file; and
(6) Members of the governing body of any entity established in a county or city with the
power to issue bonds or expend funds in excess of $10,000 in any fiscal year if
the governing body of the appointed Jurisdiction requires them to submit this
form
• FDS: (short form required filers)
(1) Members of the governing body of any entity established in a county or city with the
power to issue bonds or expend funds in excess of $10,000 in any fiscal year
unless required to file the SOEI by the governing body of the appointing
Jurisdiction; and
(2) Non -salaried citizen members of local boards, commissions, and councils if the
governing body has designated them to file this form
P156
PITTSYLVANIA COUNTY
EXECUTIVE SUMMARY
AGENDA TITLE: 7�AGENDA:
Legislative Committee - Amendment to PittsylvaniaCounty Zoning Ordinance for Solar Energy Facilities
— Schedule Public Hearing SUBJECT/PROPOSAL/REOUEST•Recommendation from the Pittsylvania County ENT AGENDA:
Legislative Committee ACTION:
STAFF CONTACT(S):
Mr. Smitherman
Mr. Sides
INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
ITEM NUMBER:
9(d)
INFORMATION:
BACKGROUND:
The Legislative Comrnittee ofthe Pittsylvania CountyBoard of Supervisors previously requested that staffprepare
and submit a document to regulate the review and permitting of solar energy facilities in the County. A draft
document was presented at the July 19, 2016 meeting of the Legislative Committee that proposed a section
regulating solar energy be added to the Pittsylvania County Zoning Ordinance, under the Supplementary Regulation
section. The draft document included all the allowable regulatory design and permitting criteria authorized to local
governments by the Code of Virginia. The procedure for zoning ordinance amendments is that the governing body
refer the proposed amendment to the Planning Commission for its recommendations. Included in this process is a
Public Hearing by the Planning Commission, followed by its recommendation to the governing body. The
governing body would then hold at least one public hearing before approving and adopting the zoning ordinance
amendment. At their August 1, 2016 meeting, The Board referred the proposed amendment to the Planning
Commission for review and recommendation. The Pittsylvania County Planning Commission reviewed the
proposed amendments relating to solar energy facilities over the course of several meetings and worksessions.
Additional revisions were agreed to and a Public Hearing was properly advertised and held on November 1, 2016.
Following the Public Hearing, the Planning Commission voted by a 6 to 0 vote (2 members were absent) to
recommend that the Board of Supervisors approve the proposed amendments to Chapter 35 of the Zoning
Ordinance. Upon receipt of that report from the Planning Commission, the Board of Supervisors voted to refer the
proposed ordinance to the Legislative Committee for review and recommendation.
DISCUSSION:
The Legislative Committee met on February 22, 2017 to review the recommended amended ordinance from the
Planning Commission. There was discussion concerning the solar project setback requirements. The Legislative
Committee supported revised language that would treat solar projects the same as any other development in terms
of zoning setbacks (see attached for committee recommendation highlighted in red on page 2 and 3).
RECOMMENDATION:
The Legislative Committee has recommended that the Board of Supervisors schedule a public hearing on the
proposed amendments to the Pittsylvania County Zoning Ordinance to regulate solar energy facilities, with the
revised setback language as presented at the February 22, 2017 meeting.
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DRAFT
Pittsylvania County Zoning Ordinance Article I, Division 3 Definitions
Solar energy facility, large-scale: A private solar energy conversion system, whose primary
purpose is to produce power, or off -set power use, for on-site commercial, agricultural and industrial
applications, consisting of photovoltaic panels, support structures, and associated control, conversion,
and transmission hardware which has the rated capacity to produce more than 25 kilowatts (M) of
electrical power and which has a total site area of five (5) acres or less.
Solar energy facility, small system: A private solar energy conversion system, whose primary
purpose is to produce power, or off -set power use, for residential applications, consisting of photovoltaic
panels, support structures, and associated control, conversion, and transmission hardware which has the
rated capacity to produce not more than 25 kilowatts (M) of electrical power.
Solar energy facility, utility -scale: An energy conversion system, whose primary purpose is to
produce power for consumption by, or under contract to, a utility provider, consisting of photovoltaic
panels, support structures, and associated control, conversion, and transmission hardware which has a
total site area of more than five (5) acres.
Pittsylvania County Zoning Ordinance Article II, Division 4, Supplementary Regulations
Sec. 35-141 Solar Energy Facilities.
The following guidelines are intended to promote and regulate the development of solar energy
facilities in Pittsylvania County while protecting the public health, safety and general welfare of the
community.
Sec. 35-141(A) Small Solar Energy Facilities
Small solar energy facilities shall be a Permitted Use in all zoning districts:
1. Roof -mounted small solar energy facilities may be mounted on a principal building or an
accessory building but shall not exceed the maximum building height requirements for the
zoning district in which they are located and shall not be more than three (3) feet higher
than the finished roof to which it is mounted. These facilities shall meet the building
setback requirements for the structures to which they are affixed and shall not extend
beyond the exterior perimeter of the structure roof.
2. Ground -mounted small solar energy facilities shall meet the minimum setbacks for principal
or accessory structures in the zoning districts which they are located. The maximum height
of these facilities shall be 15 feet as measured from the grade or base of the facility to its
highest point.
3. All small solar energy facilities shall be configured to avoid glare and heat transference to
adjacent properties.
4. All small solar energy facilities shall utilize components which have a UL listing or
equivalent and fully comply with all applicable building and electrical codes, and shall not
generate or create electrical interruptions or interference with existing electrical or
electronic uses.
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Sec. 35-141(6) Large Scale Solar Energy Facilities
1. Roof -mounted large-scale solar energy facilities shall be a Permitted Use in all zoning districts
when affixed to the roof of an existing or properly permitted commercial, governmental,
industrial, agricultural or institutional building. These facilities shall meet the building setback
requirements for the structures to which they are affixed and shall meet all design requirements
specified for small solar energy facilities.
2. Ground -mounted large-scale solar energy facilities shall be by Special Use Permit in the M-1
Industrial District, Light Industry zoning district and the M-2 Industrial District, Heavy Industry
zoning district, and in the A-1 Agricultural zoning district.. .
Sec. 35-141(C) Utility Scale Solar Energy Facility
Utility -scale solar energy facilities shall be by Special Use Permit in the M-1 Industrial District, Light
Industry zoning district and the M-2 Industrial District, Heavy Industry zoning district, and in the A-1
Agricultural zoning district.
Sec. 35-141(D) Permitting Requirements for Large and Utility Scale Solar Energy Facilities
In addition to the requirements of Article V, Division 4 (Site Development Plans) and, where
applicable, Article V, Division 3 (Special Use Permits ) of Chapter 35, Pittsylvania County Zoning
Ordinance, the following documents and information must be provided for review and approval of
large- and utility -scale solar energy facilities:
1. A narrative identifying the applicant, owner, and operator, and describing the proposed solar
energy project, including: an overview of the project and its location, approximate rated capacity
of the solar energy project, the approximate number, representative types and expected
footprint of solar equipment to be constructed, and a description of ancillary facilities, if
applicable,
2 Project site development and landscape plans demonstrating that the solar project minimizes
impacts on the visual character of an existing public right-of-way (ROW) or historic properties
listed on the Virginia Landmarks Register, or the National Register of Historic Places.
3. A site plan meeting the requirements of Chapter 35, Article V, Division 4 Pittsylvania County
Code, including the following additional information and details:
a) Property lines and setbacks as set out below, unless otherwise
prescribed by the Board of Zoning Appeals as a condition of
approval for a Special Use Permit.
of 50 feet
All aspects and components associated
with a solar energy facility shall meet the
minimum zoning placement and setback
requirements for the zoning district in
which it is located
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b) Existing and proposed buildings and structures, including
preliminary location(s) of the proposed solar equipment.
c) Existing and proposed access roads, drives, turnout locations, and
parking; however, this requirement shall not exceed VDOT
requirements for other types of projects in the underlying zoning
district.
d) Location of substations, electrical cabling from the solar systems to
the substations, ancillary equipment, buildings, and structures
(including those within any applicable setbacks).
e) Fencing, or other methods of ensuring public safety, in accordance
with Section 35-121.
f) Buffering as required based on the visual impacts of the project or
as required by the Board of Zoning Appeals as a condition of
approval for a Special Use Permit. Required buffers shall be placed
or preserved between any required fencing and adjoining
properties and/or adjacent rights-of-way.
pht pf a. and here gelated buffer exists, FeqUIFed
SGFeening shall be planed with n the twenty Ave (25) feel plpceel to
the-pe4meL�,err ^f the -bite -area. Buffering or vegetative screening
shall comply with Section 35-121.
g) Additional information may be required, as determined by the
Zoning Administrator, such as a scaled elevation view and other
supporting drawings, photographs of the proposed site, photo or
other realistic simulations or modeling of the proposed solar energy
project from potentially sensitive locations as deemed necessary by
the Zoning Administrator to assess the visual impact of the project,
landscaping and screening plan, coverage map, and additional
information that may be necessary for a technical review of the
proposal.
4. Documentation shall include proof of control over the land or possession of the right to
use the land in the manner requested. The applicant may redact sensitive financial or
confidential information.
5. Document that the panels are located and installed so that the sum of the glare is
directed away from an adjoining property or public rights of way.
6. The applicant shall provide proof of adequate liability insurance for a large and utility -
scale solar facility prior to issuance of a zoning or building permit.
Sec. 35-141(E) Decommissioning Requirements for Large and Utility Scale Solar Energy Facilities
The owner or operator of a large or utility scale solar energy facility shall completely decommission a
facility within 12 months if the facility ceases to generate electricity for a continuous period of 12 months
This period may be extended by the Board of Zoning Appeals if the owner or operator provides evidence
that the failure to generate electricity is due to circumstances beyond their control and the facility has not
been abandoned. Decommissioning shall include the removal of all solar collectors, cabling, electrical
components, fencing and any other associated equipment, facilities and structures to a depth of at least
36 inches and stabilization of the site. A decommissioning plan shall be submitted, which shall include the
following: (1) the anticipated life of the project; (2) the estimated decommissioning cost in current dollars;
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(3) how said estimate was determined; and (4) the manner in which the project will be decommissioned.
As allowed by Section 35-714 of the Pittsylvania County Zoning Ordinance, the Board of Zoning Appeals
shall require a bond with surety or other approved security to ensure compliance with conditions imposed
in a Special Use Permit. The plan shall acknowledge that if at any time the project is declared to be an
unsafe structure by the Pittsylvania County Building Code Official, the terms of the "unsafe structure"
code shall apply.
Sec. 35-141(F) General Requirements for Large and Utility Scale Solar Energy Facilities
1. The height of roof mounted large and utility -scale solar energy facilities shall not exceed the
maximum height of other structures as permitted in the zoning district, and the maximum height
of ground mounted facilities shall be 15 feet, as measured from the grade or base of the facility
to its highest point, or shall be as approved by the Board of Zoning Appeals as a condition of
approval for a Special Use Permit.
2. Warning signage shall be placed on solar equipment and facilities to the extent appropriate.
Solar equipment shall not be used for the display of advertising, except for reasonable
identification of the photovoltaic equipment manufacturer or operator of the solar energy facility.
All signs, flags, streamers or similar items, both temporary and permanent, are prohibited on
solar equipment except as follows: (a) manufacturer's or installer's identification; (b) warning
signs and placards; (c) signs that may be required by a federal agency; and (d) signs that
provide a 24-hour emergency contact phone number and warn of any danger. Educational signs
providing information about the project and the benefits of renewable energy may be allowed as
provided in Article Il, Division 3 of the Pittsylvania County Zoning Ordinance.
3. All large and utility scale solar energy facilities shall utilize components which have a UL listing
or equivalent and fully comply with all applicable building and electrical codes, and shall not
generate or create electrical interruptions or interference with existing electrical or electronic
uses.
4. All large and utility scale solar energy facilities shall comply with all applicable state and federal
permitting and regulatory requirements.
5. All large and utility scale solar energy facilities must comply with the Pittsylvania County Noise
Ordinance, but the requirements shall be no more stringent than for other development in the
underlying zoning district.
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PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Fire & Rescue Policies and Procedures Committee
Recommendation
SUBJECT/PROPOSAL/REQUEST:
Committee Recommendation
STAFF CONTACT(S):
Mr. Smitherman
BACKGROUND:
AGENDA DATE:
03-21-2017
ACTION:
Yes
ITEM NUMBER:
10
ATTACHMENTS:
1. Mt. Cross VFD Letter of Request
2. F & R Reimbursement Policy
REVIEWED BY: 6-`'
DISCUSSION:
The Fire & Rescue Policies and Procedures Committee met on February 28, 2017. From that meeting, a motion
came from the Committee to make a one-time exception to policy in order to allow Mt. Cross VFD's request for
$7,500 reimbursement. Typically the money could only be applied for the purchase of a new vehicle or towards
debt service to one. Mt. Cross purchased a used vehicle.
RECOMMENDATION:
Staff submits this for the Board's review and consideration.
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Mourd Cross Volunttel Dirt & Rescue Dcparime11i
4812 4101-1 Oms Road, Damtilfc, Virgini. 24,541)
14'r., 4.;� 197.1:135 rut 435'!!.I A 59
To: Donna Meeks
Capital Funds Coordinator
Piusylvania Co.
Prom: Sue White
Treasurer
SuhjccU Request lilt Capital Punds
Dear Ms. Nlecks.
November 2. 2016
'I lie department Is requesting $7.5110 Up, fol' 'N116/2017. Prosy lva11ra L'oung We
Department Capital Expenditure Funds for the purchase of a lire truck t}om Blairs
Volunteer Fire Department.
Please find attached copies of the cancelled check to American National Bank and Ini.q.
the Bill of $ale from lilairs and a copy of the truck's title.
Sincereely. i.
Sue %bite
'treasurer
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P165
Item A:
To be considered: Review and discussion of current funding & reimbursement polices
Fire and rescue services for the 982.89 square miles of Pittsylvania County and its
citizens are provided by 35 volunteer agencies. Each agency is a non-profit corporation
governed by a Board of Directors and is responsible for responding to fire and/or rescue calls in
an area specified by the County 24 hours a day. There are approximately 450 volunteer fire
fighters and 200 volunteer rescue squad members serving the County. These agencies
responded to approximately 10,000 calls for service each year.
The fire agencies do not bill for services and survive solely from donations from the community,
and annual operating contributions from the Board of Supervisors of Pittsylvania County,
Virginia, and fund raising projects of various types. The ems agencies do bill for services and
receive donations from the community, and annual operating contributions from the Board of
Supervisors of Pittsylvania County, Virginia, and fund raising projects of various types.
Since February of 1981 (BOS minutes Feb 2, 1981) the Board of Supervisors has been
reimbursing these agencies for general maintenance and some operational items. As previously
stated in the 2006 and 2015 Virginia Department of Fire Programs studies, the BOS need to
allocate much more than the $7,500.00 per department and EMS agency per year. With
inflationary costs the $7500.00 will hardly buy any equipment and the maintenance costs for
the equipment will eat up any funds for new or improved equipment. Many departments have
to rely once again on outside grants and donations to offset those cost for fire service.
Departments are required to file their reimbursement requests within 60 days of expenditure
and proof of payment from the vendors to the County Office of Emergency Management in
order to receive the authorized BOS policy reimbursements.
Recommendation: As stated in the 2015 Study, the County should develop a new funding
model.
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Item B:
lo Be Considered: A request from the Pittsylvania County Fire & Rescue association to change
the allowable reimbursement of the department's Capital Improvement Fund to include used
apparatus instead of new and debt service. Current policy as directed by the BOS for funding
allocations to Fire & EMS agencies includes an annual appropriation of $7500.00 respectfully.
Policy states:
"Section i — Eire/Rescue Capital Contribution
$7,500 to fire agencies that provide fire and/or 1st Responder EMS service.
$7,500 to stand alone EARS Squads.
$15,000 to combination Fire/EMS transport agencies:
$7,500 for fire equipment
$7,500 for EMS equipment
Funding reimbursed during fiscal year (July 1 to June 30)
After expenditure by agency
With accompanying receipts/invoices
Used for equipment or apparatus.
Funds may be carried over to next fiscal year
Can only be used for apparatus purchases:
Purchase of new equipment
Debt service on existing equipment
No Debt — alternatives require ordinance change.
EMS funds for EMS apparatus/equipment
Fire funds for fire apparatus equipment
P65
PI 67
Utilization for debt service on fire/squad stations (Bd of Supv approved'"
Recommendation: Annual allocation is present in the budget, Staff recommends BOS to change
policy wording to include "New and Used" apparatus.
Item C:
To Be Considered: Mt. Cross Fire & Rescue request to utilize CIP funds for reimbursement of
used Fire Truck. Letter Attached.
Recommendation: None if BOS approves recommendation from "Item B" above.
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P168
SUBJECT: REIMBURSEMENTS FROM THE COUNTY
THERE HAVE BEEN A NUMBER OF QUESTIONS FROM THE VARIOUS
VOLUNTEER FIRE DEPARTMENTS CONCERNING REIMBURSEMENTS. AT THE
FEBRUARY 2, 1981 MEETING OF THE BOARD OF SUPERVISORS, THE
FOLLOWING CLARIFICATIONS WERE MADE AS:
ATTACHED IS A GUIDELINE PROCEDURE FOR REIMBURSEMENT OF
ELIGIBLE ITEMS.
THOUGH SOME REPAIRS HAD BEEN REIMBURSED IN THE PAST,
THE BOARD OF SUPERVISORS CLARIFIED THAT THE ONLY ITEMS
ELIGIBLE FOR REIMBURSEMENTS WERE THOSE LISTED IN ITEMS
1-7, SPECIFICALLY OIL, GASOLINE, TIRES AND BATTERIES
INSTALLED OR USED ON FIRE -FIGHTING VEHICLES.
ALL PARTS EXCEPT LISTED ABOVE AND REPAIRS ARE THE
RESPONSIBILITY OF THE INDIVIDUAL DEPARTMENT.
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P169
REIMBURSEMENT
GUIDELINES AND PROCEDURES
FOR
VOLUNTEER FIRE DEPARTMENTS
1. Items Eligible for Direct Reimbursement
1. Insurance for Building and Equipment
2. Oil for Fire Fighting Vehicles
3. Fuel for Fire Fighting Vehicles
4. Electricity
5. Heating Fuel
6. New Tires and Batteries installed on Fire Fighting Vehicles
7. County -Wide Fire Training Programs, held within the County
I1. Items NOT eligible for Direct Reimbursement
1. Capital expenditures for maintenance and improvements to buildings and
grounds.
2. Capital equipment purchases and accessories to capital equipment.
3. Telephone charges of any kind.
4. Bookkeeping services.
5. Individual travel or training for individuals
Ill. PROCEDURES
1. Departments will submit copy of ORIGINAL invoice to the Office of
Emergency Services seven days BEFORE the first Monday of each month.
2. Invoices will follow regular County procedures and be placed on the Bill List for
approval by the Board of Supervisors at each regular meeting (the first Monday
of each month).
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3. Invoices received by the Office of Emergency Services or the Office of County
Administrator afier the 25th will have to be held for the following month.
4. Only expenses incurred since July 1, 1978, will be reimbursed.
5. Reimbursements will be made on a -monthly basis only. Invoices submitted that
are over 60 days old WILL NOT BE PAID.
6. Reimbursements will not be made for purposes of inventory built up; only actual
expenses.
7. All records kept by each fire department will be subject to audit by the County.
IV. $1 500.00 MATCHING MONEY
1 . Matching fund money may be used for any purpose.
2. Itemized evidence of fund raising proceeds equal to or exceeding $1,500.00 must
be submitted before an appropriation of the County matching funds by the Board
of Supervisors.
Only fully organized and active departments shall be eligible for the matching
funds.
4. In the event if'a department does not offer itemized evidence of matching funds,
NO appropriation will be made by the Board of Supervisors in any amount, to
that department.
5. Matching funds must be requested for current Fiscal Year. The County will not
match funds from previous years.
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SUBJECT: Reimbursement Policy - Enforcement on 60 Day Invoice Situation
DATE: July 22, 1986
For quite sometime now, we have been lenient on this process trying to help the various
volunteer fire departments in the reimbursement process. However, this has compounded
our problems over the past year. Many departments have misunderstood the process and
let invoices, et c. slip way past the deadlines we routinely accept.
After review of the process and the problems we in Central Purchasing and Accounting are
faced with daily, it has been determined that strict enforcement of the sixty (60) day policy
on invoices must be re-established. The Board of Supervisors and the County
Administrator have charged this department with strict compliance to the Board's
guidelines on reimbursements to volunteer fire departments.
In an attempt to review how we will work this enforcement we will give several examples
in the attached pages. .
Example 1 shows where a volunteer fire department incurred a bill and got the goods
involved on that same date, then sent this to Central Purchasing and Accounting for
reimbursement after the sixty (60) day deadline. In the future Central Purchasing &
Accounting will not reimburse this, we will send it back to you marked "ineligible - 60 day
deadline violated". If you want to pursue this reimbursement further you must take it to the
Board of Supervisors for special approval.
Example 2 shows a volunteer fire department's insurance bill without any policy
breakdown on the aspects of coverage's. if we can't determine these coverage's to be
within our guidelines we will reject reimbursement pending prompt return of the
breakdown data. Remember the sixty (60) day deadline will still be in effect. The best way
to solve this is send a copy of the policy with your reimbursement request.
Example 3 is a request for matching funds - note the date on the submitted forms (deposit
tickets, etc.).
Matching funds must be raised in the same year that we are in from a budget standpoint.
Our budget runs from July 1 to June 30. if you request matching funds on July 20th you
must raise the funds from July 1 thru July 19. We also need to see the event associated
with these fund raisers, etc. so denoted (in supporting documents, which should be
submitted with your request for matching funds.
Remember, if you don't request these funds they will not be sent to you and if you do
request them you need proper documentation.
Related to the sixty (60) day deadline on invoices, several dates that always come into play
as we review them:
I. Original invoice date from vendor.
2. Date materials were actually received from vendor
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3. Original date of purchase.
4. Date invoice received by volunteer fire department.
5. Date sent to Central Purchasing & Accounting by volunteer fire dept.
6. Date received by Central Purchasing & Accounting.
7. Date volunteer fire department paid invoice.
We will accent only those with the date in #11 - the original date of invoice from vendor
as being the prereguisite required for our sixty 60 day timetable. However, if for some
explainable reasons (such as back orders, transportation strike, etc.) we will ask that this
be expressed at the time any invoices over sixty (60) days old are submitted. This does not
necessarily mean Central Purchasing and Accounting will authorize the reimbursement,
yet will give you. due consideration to the reason involved. Again, if rejected for
reimbursement, the volunteer fire department can pursue this reimbursement further with
the Board of Supervisors. All other dates above are of no true consequence for Central
Purchasing & Accounting to consider in regard to the sixty (60) day deadline.
There are many items which by the policy are classified ineligible, these should not be
submitted for reimbursement, yet if grouped in a statement with other eligible items, we
will reimburse only those eligible reimbursable items.
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PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
AGENDA DATE: ITEM NUMBER:
Recommendation from Economic Development
3/21/2017 11
Committee to Obtain Legal Services to Assist in the
Creation of the Staunton River RIFA
ACTION: INFORMATION:
Yes
SUBJECT/PROPOSAUREOUEST:
The Economic Development Committee, with support
CONSENT AGENDA:
from Staff, recommends and requests that the Board
ACTION: INFORMATION:
award a contract with the firm Clement and Wheatley
for legal services.
ATTACHMENTS:
STAFF CONTACT(S): Original Request for Qualifications
Matthew D. Rowe
REVIEWED BY:
BACKGROUND:
On February 23, 2017 a letter of intent to create the Staunton River RIFA (SR RIFA) was signed in a
ceremony by Pittsylvania County, Town of Hurt, Town of Altavista, and City of Danville, along with a
private partner, SVMP, LLC. This letter of intent did not create the Authority, but instead was a public sign
of support to pursue the creation of such a regional organization. In order to formally create SR RIFA, all
participating localities much adopt an associated ordinance and by-laws. To be proactive, County Staff
solicited a Request for Qualifications from legal firms to assist the County and its partners in creating the
ordinance and by-laws (the awarding of contract does not include full legal services for the subsequently
created SR RIFA — such a decision must be made by the members of the Authority). On March 16, 2017, the
County's Economic Development Committee, along with Staff from participating jurisdictions, interviewed
selected firms and made a unanimous decision to recommend that the Board enter into a contract with
Clement and Wheatley for legal services to draft and create the needed ordinance and by-laws to create the
SR RIFA.
Once the contract is executed with Clement and Wheatley, the firm will work with all localities and the
SVMP, LLC to create an ordinance and by-laws that accomplishes the goals of all involved parties, while
being in compliance with the Code of Virginia. All involved localities will need to approve said documents
in order for the SR RIFA to be formally created. As stated in the signed letter of intent, this action must
occur prior to August 23, 2017, 6 months after the signing of the letter of intent by the involved parties. The
cost of legal services will be shared amongst the 4 participating locales.
RECOMMENDATION•
The Economic Development Committee, along with County Staff, recommends that the Board direct the
County Administrator to enter into and sign an agreement with Clement and Wheatley for legal services that
will lead to the creation of the Staunton River RIFA.
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a
1767
Pittsylvania County and Staunton River Regional Industrial Facility Authority
Request for Qualifications
Attorney Services, RFQ 2017-03
CONTACT
CONNIE GIBSON, PURCHASING MANAGER
(434) 432-7744 —E-mail: connie.Qibson(-)pittzov.or2
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Pittsylvania County/Staunton River Regional Industrial Facility Authority
Request for Qualifications
Attorney Services, RFQ 2017-03
Pittsylvania County and Staunton River Regional Industrial Facility Authority (SR RIFA)
requests a statement of qualifications and related proposals for contracted attorney services.
DUE DATE: Sealed proposals are due in the Purchasing Office, 1 Center Street, Chatham, VA
24531 by 10:00 am on March 13, 2017. Failure to submit proposals to the correct location by the
designated date and hour will result in disqualification.
RFP RESPONSE: In order to be considered for selection, interested parties must submit a
complete response to this RFQ. One (1) original, so marked, and three (3) copies of each
proposal must be submitted to the Purchasing Manager. No other distribution of the proposal
shall be made by the Offeror.
ADDRESS: Proposals should be mailed or hand delivered to:
Pittsylvania County Purchasing Department
Att: Connie Gibson,
1 Center Street, P.O Box 426
Chatham, VA 24531.
Failure to submit proposals to the correct location by the designated date and hour will result in
disqualification.
All Proposals must be in a sealed envelope and clearly marked in the lower left corner: "Sealed
Proposal — RFO 2017-03" Proposals not so marked or sealed shall be returned to the offeror and
will not be considered. Proposals shall clearly indicate the legal name, address and telephone
number of the offeror (company, fum, partnership or individual). All expenses for making
Proposals to Pittsylvania County shall be home by the offeror. The offeror has the sole
responsibility to have the proposal received by the Pittsylvania County Purchasing Department at
the above address and by the above stated time and day.
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Purpose:
The SR RIFA seeks services encompassing the traditional legal counsel scope of work including
the rendering of opinions to the SR RIFA Board and staff, consultation and oordination with the
County Attorney and any assigned special counsel. Attendance ata variety cc meetings will be
required, including staff meetings and SR RIFA meetings as specified. Amore detailed
statement of services is provided in the scope of work as described below.
Background Information
The purpose of the Staunton River Industrial Facility Authority is to improve regional economy
through the attraction of global industry to the subject property and establishment of an
intermodal facility that will serve the region and be recognized as an Wand Port.
Finn shall provide services to assist in the creation of the Staunton River Regional industrial
Facility Authority and its associated by-laws and ordinances.
The firm selected shall be awarded a 1 year contract, which may be renewed by the Staunton
River RIFA Board for additional 1 year increments.
Firms shall submit both annual fees and hourly fees, with the expectation that the firms will be
present at 1 meeting in Hurt, VA per month. The average time devoted by the firm to the
Staunton River RIFA is approximately 15 hours per month.
Involved parties:
Pittsylvania County, Virginia, Town of Hurt, Virginia, Town of Altavista, Virginia, City of
Danville, Virginia,; and Southern Virginia Multimodel Park, a North Carolina limited liability
company.
Scope of Work
1. Provide legal advice, counsel, training, consultation, and opinions and all levels of city
government, on a variety of civil assignments including, but not limited to promotion of
economic development, creation/retention of primary jobs for projects, community
development initiatives, general contracts, development agreements, grants, loans,
authorized use/ oversight on use of 4B tax, public disclosure issues/notices and related
legal issues associated with representation of Section 4B economic development
corporation. The SR RIFA Attorney's advice includes methods of effectively avoiding
civil litigation.
2. Furnish legal representation at all SR RIFA board meetings, and at other meetings as
requested.
3. Appear before courts and administrative agencies to represent the SR RIFA's interests as
determined necessary.
4. Prepare and review memorandums, orders, resolutions, contracts, and other documents
for legal correctness when requested by SR RIFA Board or staff.
5. Work cooperatively with County attorney and any special legal counsel retained by the
County or the SR RIFA for special projects.
6. Coordinate with special counsel as needed to ensure proper management of legal issues
and proper coordination and transition of legal issues among legal counsel.
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7. Assist SR RIFA board and staff to maintain an awareness of ethical standards and
appearance of fairness standards, and to avoid potential conflicts of interest, prohibited
transactions, and appearance of prohibited transactions.
8. Performs other legal services and tasks as assigned by the SR RIFA board.
9. Avoidance of Conflict of Interest.
Specifications:
The awarded firm shall:
■ Attend all SR RIFA Board meetings.
• May be asked to attend work sessions or retreats.
■ May be called upon to attend occasional community meetings, and may be called upon to
attend meetings related to specific projects in which the SR RIFA is involved.
• Must be available by phone, cell phone, fax and email.
• Timeliness of response and accessibility to the SR RIFA Attorney to the President,
Director, Board members and staff is an important aspect of the service.
• Accessibility and responsiveness for the proposed designated Attorney is of greatest
importance. Accessibility includes the ability to be generally available to attend meetings
in person on short notice and the ability to be reached promptly by telephone.
Please provide one (1) copy of a written response per sealed proposal submitted,
responding to each inquiry in the order presented below.
Scope of Work: Attachment A
• Identify any, or all of, the outlined `Scope of Work' that will be provided.
2. Professional Business History: Include as Attachment B
• Provide a narrative description of the firm's history.
Firm Experience: Include as Attachment C
• Provide a narrative description of the firm.
• Identify other economic development corporations or agencies the firm may
have represented.
• Identify experience with municipal law issues, including land use, zoning,
growth management, contract law, personnel municipalities, municipal utility
districts, water districts, and other related specialties.
• Please explain any grievances or disciplinary actions that may have been taken
against the lawyer/firm.
4. Proposed Attorney/Team: Include as Attachment D
• Name and describe the attomey(s) and/or team proposed, including the
designated Attorney.
• For each attorney on the team proposed, please identify the law school
attended, year of graduation, and year in which each passed the bar
examination in Virginia.
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Provide a resume for each team member, with considerable detail in the
experience and qualifications for Attorney, and any significant assisting
attorneys.
If specialty attorneys or additional resources are available through your firm
(in addition to the team) to meet special needs, please identify them and their
specialties.
5. Accessibility and Responsiveness: Include as Attachment E
• Identify the accessibility of the proposed designated Attorney, and the
response time that the individual offers to SR RIFA. Specifically identify the
lead time required for attending scheduled or ad-hoc meetings.
• Identify the physical location of the Attorney's primary offices.
6. Proposed Fee Structure: Include as Attachment F
• Propose a comprehensive package, inclusive of all service costs. The SR RIFA is
open to a variety of approaches, including hourly rates or a flat monthly rate with
add-ons. The SR RIFA will select the finalist by considering the proposed
compensation as a "best and final offer," although the SR RIFA reserves the right
to negotiate terms as needed to improve elements of the proposal to best meet the
needs of the RIFA, including cost.
7. Avoidance of Conflict of interest: Include as Attachment G
• Answer the following question: How would your firm handle representation of
any other client engaged in development activity within SR RIFA?
✓ In answering this question, please identify how the firm would handle a
situation where one attorney in the firm represents the RIFA as the contract
Attorney, and another attorney in the same firm represents a developer
seeking approval of a project within the RIFA boundaries.
✓ In answering this question, please identify those steps, if any, the firm would
be willing to undertake to eliminate or reduce the potential for conflict of
interest.
8. References: Include as Attachment H
• Provide three references for the designated Attorney and any team alternates.
• Please note that the County prefers references relating to municipal experience.
Naming of a reference is considered permission to contact the reference. The SR
RIFA may contact outside individuals, whether offered as references or not. The
SR RIFA retains the right to use such information in its decision. Submittal
of a proposal is agreement that the RIFA may contact and use such
information.
Evaluation and Selection
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Evaluation process — The County reserves the right to award the contract to the proposal
that best meets the needs and interest of SR RIFA. The following steps are anticipated:
Step 1. Receive and review of qualifications and written proposals.
Step 2. Initial reference and information check.
Step 3. County interview of finalists.
Step 4. Approval of contract by County Board of Supervisors.
Evaluation of the written nronosal — Written statements of qualifications and proposals
will be evaluated by SR RIFA as set forth below.
1. Applicable experience of proposed designated Attorney.
2. Depth and stability of firm or practice
3. Interpersonal match and philosophical concurrence with SR RIFA core beliefs,
practices and personnel.
4. Accessibility and responsiveness of both the proposed designated SR RIFA Attorney
and any assisting attorneys.
5. Cost.
Interviews — Interviews will be held at the sole option of the County. If interviews are
conducted, firms should plan to have key personnel on their interview teams who will
be assigned to work specified in the proposal. Short listed firms may be asked to
provide supplemental or additional information for review by the County prior to the
interviews
Contract Negotiations — Staunton River RIFA reserves the right to negotiate all
elements which comprise the apparent successful proposal. SR RIFA representatives
and the selected finalist will review in detail all aspects of the requirements and the
proposal. During the review of the apparent successful proposal, the respondent may
offer, and SR RIFA may accept revisions to the proposal, although such suggestions
are not favored.
Rejection of Proposals - SR RIFA reserves the right to reject any or all proposals,
portions or parts thereof. Without limiting the generality of the foregoing, the SR
RIFA may reject any proposal which is incomplete or not responsive.
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PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Danville Regional Foundation (DRF) -Ringgold Rail
Trail Grant- Requires a Roll Call Vote
SUBJECT/PROPOSAL/REOUEST•
Appropriation of DRF Funds to improve the Ringgold
Rail Trail
STAFF CONTACT(S):
Smitherman, Moore, Van Der
BACKGROUND:
AGENDA DATE:
3-21-17
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ITEM NUMBER:
13(a)
INFORMATION:
INFORMATION:
ATTACHMENTS:
Danville Regional Foundation (DRF) Grant
Agreement
REVIEWED BY: �:
DISCUSSION:
Pittsylvania County recently received notification of a grant awarded by the Danville Regional Foundation
(DRF) in the amount of $25,000 to improve the Ringgold Rail Trail. This grant is to be used to make
improvements to the trail by creating a park -like atmosphere at each trailhead and building greater awareness
of the trail as a strong community asset. As the agreement states, this grant is made possible through DRF's
Make More Happen! (MMH) initiative. The goal of this initiative is to create a spark for community leaders
and citizens who are passionate about improving the region's quality of life. This grant does not require a
local match.
RECOMMENDATION:
Staff recommends that the Board of Supervisors approve the attached agreement and allow the County
Administrator to sign all necessary documents to accept the grant. In addition, the Board needs to approve an
appropriation of $25,000 for the DRF Ringgold Rail Trail Grant to the Grants Fund (Fund 250). THIS
MOTION REQUIRES A ROLL CALL VOTE.
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ti i
A Bridge to the Future
March 1, 2017
Letter of Agreement
David Smitherman
County Administrator
Pittsylvania County
P.O. Box 426
Chatham, VA 24531
Dear Mr. Smitherman:
Re: Grant Agreement between Danville Regional Foundation and Pittsylvania County
The purpose of this letter is to set forth an agreement for use of grant funds in the amount of
$25,000 from Danville Regional Foundation (DRF) to Pittsylvania County to improve the
Ringgold Rail Trail by creating a park -like atmosphere at each trailhead and building greater
awareness of the trail as a strong community asset.
This grant is made possible through DRF's Make More Happen! (MMH) initiative. The goal of
MAH is to create a spark for community leaders and citizens who are passionate about
improving the region's quality of life. We believe that successful efforts will encourage more
people to take more action for positive change. As a recipient of a MMH award, the grantee is
encouraged to promote the MMH initiative among other organizations and individuals in the
region.
As described in the attached proposal, the MMH funds will be used to add signage, benches, picnic
tables and trash cans to trailhead entrances, add mile markers along the trail, post directional
signage along Hwy 58 and improve 300 linear yards of trail surface at each trailhead. The trail will
continue to be maintained by Pittsylvania County Parks and Recreation. The project is a
partnership between Pittsylvania County, Danville Running and Fitness Club, local Boy Scout
troops 372, 373 and 374 and Eagle Scout, Chris Stafford.
The impact of this project will be increased usage of the Ringgold Rail Trail, increasing levels of
physical activity and creating destination spots for families and community gatherings. The
improvements may also improve the capacity of existing events and attract new events to the
region, while increasing awareness of the historical significance of the old railroad and the depot.
Lastly, this project is the first step toward the long range plan of paving the Ringgold Rail Trail
and connecting it to the River Walk Trail and the Beaches to Bluegrass Trail.
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The proposal fits well with the Foundations priorities related to health and wellness.
The start date for the project will be on or around April 1, 2017, with completion expected by
September 30, 2017. Pittsylvania County will be for responsible for providing a final financial
report on how the funds were utilized, as well as a final programmatic report on the activities
associated with the grant. Any DRF funds that are not used for the project will be returned to
DRF.
SPECIAL PROVISIONS
All grants are made in accordance with current and applicable laws and the Internal Revenue
Code, as amended, and its regulations.
Expenditure of Funds: Funds shall be expended in accordance with the budget contained
within this agreement.
Expenses charged against this grant shall not be incurred prior to the date on which the grant
period begins or after its termination date and shall be incurred only to cant' out the approved
program described herein.
All line items may be changed by up to 10 percent withoutwritten Foundation approval as long
as the budget total does not change.
Line items may not be added or deleted without written approval from the Foundation.
Grant funds may not be used for lobbying, which for this purpose includes any attempt to
influence specific legislation by affecting public opinion, or communicating with any member or
employee of a legislative body, other than by making available the results of nonpartisan study,
analysis or research.
Record Keeping: The Grantee shall maintain records consistent with generally accepted
accounting principles (GAAP) to account for the funds received under this grant and to identify
how the funds have been expended.
The Grantee shall maintain its records of grant expenditures for at least seven years after
completion or termination of the grant. The Grantee shall make its records of grant expenditures
available to the Foundation at reasonable times and upon request.
Reversion of Grant Funds: The Grantee shall return unexpended and uncommitted funds at the
close of the grant period, unless other written arrangements are made with the Foundation.
Notification: The Grantee shall notify the Foundation of any lawsuit, or any proceeding before
any federal, state, or local administrative agency that may impact this initiative.
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Indemnification: To the extent allowed by Virginia law, the Grantee will protect and hold
harmless the Foundation from and against all claims, suits, and actions arising from negligent
acts or omissions, which may occur in the Grantee's performance of the terms of this Agreement.
Licensing: The Grantee shall obtain and maintain all registrations, licenses, consents, and filings
with any party or any public authority required in connection with the Grantee's operation or
with the execution and performance of this Agreement.
Subcontractor: If at any time the Grantee intends to use subcontractors in performing its
obligations under this Agreement the Grantee assumes responsibility for the actions and
omission of the subcontractors. Any act or omission by a subcontractor which would be a breach
of this Agreement if such act or omission were made by the Grantee shall be deemed to be a
breach of this Agreement by Grantee.
Termination of Agreement: Either party in writing may terminate this agreement for cause at
any time by providing 30 day written notice to the other party via registered mail using the
address contained herein. Upon termination the Grantee shall promptly repay all unexpended
and uncommitted grant funds, providing the Foundation with appropriate accounting records to
support the process.
Waiver: The failure of either party to insist upon strict performance of the terms, conditions and
provisions of this Agreement shall not be deemed a waiver of future compliance or a waiver of
any provisions herein.
Construction of Agreement: The laws of the Commonwealth of Virginia shall govern this
Agreement.
This Agreement supersedes any and all prior agreements and contains the entire Agreement of
the Parties. This Agreement shall not be amended or modified in any manner other than by an
amendment in writing signed by all parties to this Agreement.
If you are agreeable to the terms of this Letter of Understanding and Special Provisions as stated
above, please sign letters and return one to DRF.
Thank you.
Sincerely,
'14. -,�5k
Karl N. Stauber
President & CEO
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David Smitherman, Pittsylvania County Administrator
Date:
Mark Moore, Director of Plttsylvarna County Parks and Recreation
Date:
ATTACHMENT
1: Proposal received from Mark Moore on February 3, 2017
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PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Pittsylvania County Schools -Bus Lease — Requires a
Roll Call Vote
SUBJECT/PROPOSAL/REOUEST:
Appropriation of School Bus Lease
STAFF CONTACT(S):
AGENDA DATE:
3-21-17
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ITEM NUMBER:
13(b)
INFORMATION:
INFORMATION:
ATTACHMENTS:
Virginia Installment Purchase Contract -Escrow Agreement
Executive Summary -10-18-16
REVIEWED BY:
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. These funds were originally appropriated for expense by the Board of Supervisors at
their adjourned meeting, 10-18-16.
DISCUSSION:
The School Board has completed the procurement of school buses through this school bus lease program.
During the manufacturing and procurement of the buses, which took several months, a total of $42.90 of
interest was earned on the account. These funds need to be appropriated by the Board to the Bus Lease Fund
(Fund 210). In addition, the total amount of the lease $972,966.90 needs to be appropriated to the regular
School Fund (Fund 205) since the bank required that the Schools purchase the buses and request a
reimbursement from the bank. Typically, the financing institution will pay the vendor direct instead of
requiring this type of arrangement. Since the bus lease is located in a separate fund, the Board needs to
approve this appropriation for bookkeeping purposes.
RECOMMENDATION:
For bookkeeping and auditing purposes, staff recommends that the Board of Supervisors appropriate 42.90 to
Fund 210 to account for interest earned on the bus lease account and to appropriate a total of $972,966.90 to
Fund 205 to account for the actual purchase of 14 school buses. A ROLL CALL VOTE IS REQUIRED FOR
THIS ITEM.
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PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Pittsylvania County Schools -Bus Lease
S UBJECT/PROPOSAL/REOUEST
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:
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.
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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 terms 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.
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hereunder. 1.4 "Disbursement Request" means a request made in accordance with Section 2
hereto. 1.5 "Equipment" means the personal property described in Exhibit A attached
1.6 "Escrow Agent" means First -Citizens Bank &
as Escrow Agent. Trust Company in its capacity
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 Payments. 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: Foran 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. Performances 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;
(e) Properly executed UCC financing statements as required by Section 7.1
hereof;
(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
(j) 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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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 be 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(b)(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 IL DISCLAIMER OF WARRANTIES
1 1.1. 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. I. 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.
dies on
t.
n the occurrence of any Event of
t, the
Bank may exercise anyo e or mo a of the following remedies as the Bank n is 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
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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-EntrySvstem. 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.
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15.2. Determination or Event of Taxability. If at any time 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
Detennination of Taxability.
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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 Qualification. 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. Governine 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
P203
been given when the writing is delivered, if given or delivered by hand, overnight delivery service,
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@firstcitizens.com
Attention: Courtney Dunlap, Government Lending Coordinator
If to the Borrower, address to:
0.n l�W t+ct Si ho IS
o
0 3 J
(ilQ+ham S3 j
Telephone for Overnight: (4 34) L4 3 d— a_7to 1
Facsimile: N 3A) Li 3a— 951, o
Email: (Murk J00 ce pc -s k-( 'k VG.US
Attention: N\rjrtc \�.�es hpznn+�^c(ent
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
P204
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. 1
[SIGNATURE PAGE FOLLOWS]
ILI
P205
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed as of the
day and year first above written.
Pittsylvania County School Board
By: ( c
Name: LcLtytn l� l�nss
Title:
ATTEST:
Name: T0. n e f E
Title: elf v -k of ft'e 8n` 4
[SEAL.'
FIRST -CITIZENS BANK &TRUST COMPANY
Name: Steve Groth
Title: Senior Vice President
Borrower's Address Bank's Address
First -Citizens & Trust Company
Attn: Courtney Dunlap
Ou h 3 1230 Main Street
V A blV 3 t Columbia, SC 29201
[SIGNATURE PAGE TO INSTALLMENT FINANCE CONTRACT]
IL:
P206
EXHIBIT A
DESCRIPTION OF EQUIPMENT
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
04 e
Transportation - transport students
Transportation - transport students
Transports lion -transport sluden is
Transportation - transport students
Transportation - transport students
Transportation - transport students
"rransporlation - transport students
Transportation - transport students
Transportation - transport students
Transportation - transport students
n - transport
- Semite Tru
Pupil Transportation Department
Pupil Transporlalion Department
Pupil Tsalsporlatlon Department
Pupil Transportation Department
Pupil Transportation Department
Pupil Transporlalion Department
Pupil Transporlalion Department
Pupil Transportation Department
Pupil Transportation Department
Pupil I ransportation Department
Pupil Transportation Department
Pupil Transportation Deparlmenl
Issuer: Pittsylvania County School Board
By: �,Q L",Y
Name: ce, I \n n D Da u
Title: CPka,Y ,tae,
Date: September 29, 2016
P20 7
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. C !tel �xaYa J
Name: Cn Iv b. Moss
Title: CW1.11 non
Date: September 29, 2016
P208
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.cn b-. 29, 201{�
between the Borrower and First -Citizens Bank & Trust Company, 1, Ta et F. Glu w.k do
hereby certify that I am the duly appointed Clerk of P,yru,:, Ccvu� 5.ly�l political
subdivision and body corporate and politic existing under ae laws h Commonwealth of
Virginia, and that 1 have custody of the official minutes and other pertinent records of that body.
1 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 .Sff b -r /3 2o!!p , 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 Signature "
U kny b. D. s� C k& i V, gncn 1 .C�/U/Yb_
IN WITNESS WHEREOF, I have duly executed this certificate and have affixed
to it the seal of Pills jtym:, Cu Virginia on this / 3 f` day of -5 -.. 120 /6.
ISEALI
By:
Name: 7- Anel F k;;�,,R
Title: clerk of ffe Bc,.
P209
GENTRY LOCKE
Attorneys
September 29, 2016
First -Citizens Bank & Trust Company
FCC Mail Code: 994082
1230 Main Street
Columbia, SC 29201
Clark H. Worthy
worthy@genhylocke.00m
P: (540)963-9384
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:
I. 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
281031800017721375v
P210
( GENTRY LOCKE
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(g)(3) of the
Code) for purposes of calculating the amount of such tax for corporations.
28103/8000/7721 375v
P211
GENTRY LOCKE
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 as to
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.
28103/8000/7721375vl
P212
�' GENTRY LOCKE
First -Citizens Bank & Trust Company
September 29, 2016
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.
O. 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.
28103/8000/7721375vI
P213
GENTRY LOCKE
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
P214
Very truly yours,
�,'L L46, -K LLP
Gentry Locke Rakes & Moore, LLP
EXHIBIT E
(for use only with Bank -Qualified Contracts)
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 Thomas buses @ $86,559.00 each
(1) 2017 Ford F250 @ $29,055.20
(1) 2017 Ford F 150 @ $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: Ca l wn D Doss
Title: 041a.,f � ')
P215
EXHIBIT F
CONTINUOUS INSURANCE COVERAGE DECLARATION
Borrower: Pittsylvania County School Board
Bank: First -Citizens Bank & Trust Company
Insurance Co.:
Policy #:
Agency:
Address:
Agent:
Telephone:
pwafG quo
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: �a Quu D
Name: Cefin,l ib
Title: 0 i-aA,i
P216
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
P217
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
P218
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
P219
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 Agent. 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.
11. 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 be
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
P220
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.
e. 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.
P221
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
P222
PITTSYLVANIA COUNTY SCHOOL BOARD,
AS BORROOW� ERS , /
Print: (a)to i D. Doss
Title: char /ma n
FIRST -CITIZENS BANK & TRUST COMPANY,
AS BANK AND AS ESCROW AGENT
LA
Print: STEVE GROTH
Title: SENIOR VICE PRESIDENT
(SIGNATURE PAGE TO ESCROW AGREEMENT]
P223
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Expenditure Refunds for February 2017 -Requires a
motion, second and a 10 -day layover
SUBJECT/PROPOSAL/REOUEST:
Budget Amendment for expenditure refunds
STAFF CONTACT(S):
BACKGROUND:
AGENDA DATE:
3-21-17
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
Expenditures Refunds Memo
REVIEWED BY: C;`
ITEM NUMBER:
13(c)
INFORMATION:
Attached is a list of expenditure refunds for the month of February 2017 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 $240,524.79 as follows: $8.53 to BOS-Travel (100-4-011010-
5500), $52.17 to Fleet -Travel (100-4-012520-6008), $19.62 to Electoral Bd-Office Supplies (100-4-013100-
6001), $100.00 to Clerk of Court -Copier Lease (100-4-021600-60051), $189.84 to Sheriff -Svc Contracts
(100-4-031200-3320), $227.67 to Sheriff -Undercover Account (100-4-031200-6024), $1993.51 to VFD-
Communication Equipment (100-4-032200-6004)), $51.51 to Jail -Food Supplies (100-4-033100-6002), $.32
to B&G-Bldg Maint Supplies (100-4-043100-6007), $896.00 to Recreation -Recreation Fees (100-4-071100-
5696), $150.00 to Library -Postage (1004-073100-5210), $1.12 to Library -Office Supplies (100-4-073100-
6001), $1.95 to Library -Furniture & Fixtures (100-4-073100-6003), $.49 to Library -Bldg Maint Supplies
(100-4-073100-6007), $1.00 to Library -Books & Subscriptions (100-4-073100-6012), $8,231.06 to WIA-
Rent (251-4-353853-6014), $228,600.00 to CIP-Compactor. REQUIRES A MOTION, SECOND AND A
10 -DAY LAYOVER.
P224
Finance Department
P.O. Boa 426
Chatham, Virginia 24531
PITTSYLVANIA COUNTY
VIRGINIA
MEMO TO: David M. Smitherman
County Administrator
FROM: Kim Van Der Hyde
Finance Director
SUBJECT: February Expenditure Refunds
DATE: March 10, 2017
Phone (434( 432.7740
Fax (434)432-7746
Gretna/Hurt (4341656-6211
The list below shows all expenditure refunds that were sent to the Finance Department
during the month of February. I am recommending that all of the following expenditure
refunds be reappropriated by the Board of Supervisors:
100-4-011010-5500 BOS-Travel 8.53
Tax Reimbursement
100-4-012520-6008 Fleet -Travel 52.17
Out of State Gas Reimbursement
100-4-013100-6001 Electoral Bd-Office Supplies 19.62
Tax Reimbursement
100-4-021600-60051 Clerk of Court -Copier Lease 100.00
Reimbursement
100-4-031200-3320 Sheriff -Svc. Contracts 189.84
Service Cancelled
100-4-031200-6024 Sheriff -Undercover Account 227.67
Restitution
100-4-032200-6004 VFD-Communication Equip 1,993.51
Insurance Claim
100-4-033100-6002 Jail -Food 51.51
Tax Reimbursement/Food Reimbursement
100-4-043100-6007 B&G-Bldg Maint Supplies ,32
Tax Reimbursement
P225
100-4-071100-5696
Recreation -Recreation Fees
896.00
Recreation Fees
100-4-073100-5210
Library -Postage
150.00
Donation
100-4-073100-6001
Library -Office Supplies
1.12
Tax Reimbursement
100-4-073100-6003
Library -Furniture & Fixtures
1.95
Tax Reimbursement
100-4-073100-6007
Library -Bldg Maint Supplies
.49
Tax Reimbursement
100-4-073100-6012
Library -Books & Subscriptions
1.00
Tax Reimbursement
251-4-353853-6014
WIA-Other Operating
8,231.06
Rent Payments (251-3-000000-150201)
310-4-094110-8133 CIP-Compactor Site Imp 228,600.00
Insurance Claim
TOTAL FEBRUARY EXPENDITURE REFUNDS $240,524.79
P226
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE• I AGENDA DATE:
Change Orders 5 & 6: Courthouse Security Project 3/21/2017
SUBJECT/PROPOSAL/REOUEST•I ACTION:
Amend Daniel Builders LLC contract in the amount of Yes
$27,578
STAFF CONTACT(S):
Mr. Otis Hawker
Mr. David Smitherman
BACKGROUND:
CONSENT AGENDA:
ACTION:
ITEM NUMBER:
15
INFORMATION:
INFORMATION:
ATTACHMENTS: Yes, Change order 5 and 6
from Daniel Builders LLC
DISCUSSION•
Change order 5: Circuit Court has requested during renovations of the Courthouse Security for us to include
an X -Ray machine for the actual Circuit Court entrance identical to the one at the main secure entrance of the
Courthouse facility. Staff has requested under contract price for Daniel Builders LLC to price the new X -Ray
machine and associated electrical work and installation. Daniel Builders LLC has submitted a price of
$26,612 to perform the work.
Change order 6: The County Treasurer's Office has requested a partial window be installed to allow some
daylight into the Treasurer's Office as opposed to completely closing the window up. Daniel Builders LLC
submitted change order 5 in the amount of $966 to perform the work.
The Sheriff is aware and agrees with these changes and funds are already available in the Courthouse
Security fund to perform the work.
RECOMMENDATION:
Staff recommends that the Pittsylvania County Board of Supervisors amend Daniel Builders LLC's contract
in the total amount of $27,578 and authorize the County Administrator to execute the change order.
P227
March 7, 2017
4) 685-7486 • fax (434) 685-7481 • cell (434) 334-6901 • john1rdanielbuildersllc.com
257 Saddle Road - Danville, VA 24541 • VA Cl ASS A 2705075131A
Sam Franklin
Dewberry
551 Piney Forest Road
Danville, Virginia 24540
RE: PCO # 005 — X Ray machine
Dear Mr. Franklin:
We are pleased to offer options on a change order as listed below:
Furnish materials and labor to supply/install (1) additional L-3 model PX5.3 checkpoint x ray machine matching the one
being installed at the new entrance area. On site calibration and staff orientation is included. Install (1) electrical outlet to
accommodate machine.
A CO in the amount of26$ .612.00 is kindly requested.
Contact me with any questions.
Sincerely,
inD
Brian K. Shelton
Daniel Builders, LLC
"Together, we can build the future"
P228
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P229
phone (434) 685-7486 • fax (434) 665-7487 • cell (434) 334-6901 • johnodanielbuildemllc.com
257 Saddle Road • Danville, VA 24541 - VA Cl ASS A 2.705 075131A
March 13, 2017
Sam Franklin
Dewberry
551 Piney Forest Road
Danville, Virginia 24540
RE: PCO At 006 — Treasurer's Office Window
Dear Mr. Franklin:
We are pleased to offer options on a change order as listed below:
Furnish materials and labor to supply/install (1) 2' tall x 3' wide aluminum storefront window. Window framing shall
match interior framing for the original contract work. Glass shall be Y<" clear. Window to be installed in the opening
where the existing window is to filled in.
This work has the possibility of not being installed before the substantial completion date of this project.
A CO in the amount of $966.00 is kindly requested.
Contact me with any questions.
Sincerely,
'/ w�v
.UiLi2✓r /[ . �J�ce�on
Brian K. Shelton
Daniel Builders, LLC
"Together, we can build the future"
P230
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Brian Shelton
From: Eddie Cassada <ecassada@piedmontglass.com>
Sent: Monday, March 13, 2017 3:51 PM
To: 'Brian Shelton'; kwhitlock@piedmontglass.com
Subject: RE: Pitts Co Courthouse PCO
$853.00
Eddie Cassada
Piedmont Glass
124 Mall Drive
Danville, VA 24540
Ph: 434-792-7252
Fx: 434-792-4134
From: Brian Shelton[mailto:brian@danielbuildersllc.comj
Sent: Monday, March 13, 2017 3:14 PM
To: 'Eddie Cassada'; kwhitlock@piedmontglass.com
Subject: PItts Co Courthouse PCO
Please price a storefront window 2' tall and 3' wide with clear ''/<" glass to go on the interior of the building.
Brian K. Shelton
Cell: (434) 944 - 8244
Jill
phone (434)685-7486•fax (434)685-7487
251 Saddle Road • Danville, VA 24541
P232
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE: AGENDA DATE: ITEM #:
Request for Potential Abandonment of a Portion of 3/21/17 (T) 16
Shula Drive
SUBJECT/PROPOSAL/REQUEST:
Commence Legal Process for Potential Abandonment
of a Portion of Shula Drive
STAFF CONTACT:
Mr. Hunt
ACTION:
Yes
ATTACHMENT: (1)
(1) Virginia Code § 33.2-909
REVIEWED BY:
BACKGROUND:
Recently, the Virginia Department of Transportation ("VDOT"), at the request of the Honorable
Elton W. Blackstock, Staunton River Supervisor, held a public forum related to safety issues
involving Shula Drive. At the conclusion of said forum, the recommendation, from an informal
vote of citizens in attendance thereof, was to commence the legal road abandonment process for
the following portion of Shula Drive: Rt. 642 (Shula Drive), from U.S. Highway 29, west to Rt.
988 (Highwayview Road), a total distance of 0.06 miles.
Please also be advised that prior to the above -referenced informal vote at the public forum,
VDOT conducted a formal Roadway Safety Assessment ("RSA"). The RSA's purpose was to
gather input from key stakeholders and identify feasible solutions to address concerns with a goal
to improve safety at this intersection. The RSA team, consisting of state and local officials/law
enforcement, citizens and Fire/EMS personnel, have been working together since October 2016,
to conduct said RSA, and to prepare the findings and recommendations. The group looked at
current conditions, reviewed crash history, and identified possible crash patterns in developing
possible alternatives.
While nine (9) alternatives were initially considered, ultimately the following four (4) were
considered most feasible:
(1) Installing an Intersection Conflict Warning System — Dynamic Flashing Warning
Beacons;
(2) Closing the west leg of Route 642, Shula Drive
(3) Constructing a Restricted Crossing U -Turn ("RCUT")/J-Turn Intersection; or
(4) Constructing Off -set T -Intersections.
These alternatives were further evaluated for their likelihood to either increase or decrease
crashes, impacts, costs, and other factors. As a result, the final recommendation, which has the
greatest benefit as compared to cost, is to close the West leg of Route 642 (Shula Drive).
P233
DISCUSSION:
Per Virginia Code § 33.2-909, attached, the legal procedure for the Pittsylvania County Board of
Supervisors (the `BOS") to potentially abandon the aforementioned portion of Shula Drive is as
follows:
Road Abandonment Process:
(1) Via an affirmative majority vote at a public meeting, the BOS must decide that no public
necessity exists for the continuance of the public road proposed to be abandoned;
(2) After said action, the BOS, via a second majority affirmative vote, must vote to send
formal notice of its intent to abandon said road to the VDOT Commissioner;
(3) Then, County Staff must post notice in at least three (3) places on and along the road
sought to be abandoned for at least thirty (30) days;
(4) At the same time, County Staff must publish notice of the BOS' intent to abandon said
road in two (2) or more issues of a newspaper having general circulation in the County;
(5) The BOS must then wait thirty (30) days for any interested party to request and/or
petition for a public hearing of or related to the advertised and posted potential road
abandonment;
(6) If a petition/request for a public hearing occurs, the BOS must hold a public hearing
related to the proposed road abandonment;
(7) Following the Step 6 public hearing, the BOS must either determine (within four (4)
months of the 30 -day road posting period ending) that: (1) no public necessity exists to
abandon the road in question and dismiss its road abandonment application with VDOT;
or (2) must pass an ordinance or resolution requesting VDOT to abandon said road,
because the safety and welfare of the public would be best served by abandoning said
road; and
(8) Alternatively, if a request and/or petition for a public hearing does not occur within the
time frame specified in Step 5 above, the BOS (within four (4) months of the thirty (30)
day posting period ending) must pass an ordinance or resolution requesting VDOT to
abandon said road, because the safety and welfare of the public would be best served by
abandoning said road.
If the BOS determines to potentially commence the legal process to abandon the aforementioned
portion of Shula Drive, the following needs to occur:
(1) Make a motion stating that the BOS has determined that no public necessity exists for the
continuance of the aforementioned portion of Shula Drive;
(2) Authorize County Staff to post and publish a Notice of Intent to Abandon the
aforementioned portion of Shula Drive, including a willingness to hold a public hearing;
and
(3) Authorize County Staff to forward the required potential road abandonment
documentation to VDOT.
P234
Virginia Code 6 33.2-909 Abandonment of highway, landing, or railroad crossing procedure
A. The governing body of any county on its own motion or upon petition of any interested landowner may cause any
section of the secondary state highway system, or any crossing by the highway of the lines of a railroad company or
crossing by the lines of a railroad company of the highway, deemed by it to be no longer necessary for the uses of
the secondary state highway system to be abandoned altogether as a public highway, a public landing, or a public
railroad crossing by complying substantially with the procedure provided in this section.
B. The governing body of the county shall give notice of its intention to abandon any such highway, landing, or
railroad crossing (i) by posting a notice of such intention at least three days before the first day of a regular term of
the circuit court at the front door of the courthouse of the county in which the section of the highway, landing, or
railroad crossing sought to be abandoned as a public highway, public landing, or public railroad crossing is located
or (ii) by posting notice in at least three places on and along the highway, landing, or railroad crossing sought to be
abandoned for at least 30 days and in either case by publishing notice of its intention in two or more issues of a
newspaper having general circulation in the county. In addition, the governing body of the county shall give notice
of its intention to abandon such highway, landing, or railroad crossing to the Board or the Commissioner of
Highways. In any case in which the highway, landing, or railroad crossing proposed to be abandoned lies in two or
more counties, the governing bodies of such counties shall not abandon such highway, landing, or railroad crossing
unless and until all affected governing bodies agree. The procedure in such cases shall conform mutatis mutandis to
the procedure prescribed for the abandonment of a highway, landing, or railroad crossing located entirely within a
county.
When the governing body of a county gives notice of intention to abandon a public landing, the governing body
shall also give such notice to the Department of Game and Inland Fisheries.
C. If one or more landowners in the county whose properly abuts the highway, landing, or railroad crossing
proposed to be abandoned, or if only a section of a highway, landing, or railroad crossing is proposed to be
abandoned, whose property abuts such section, or the Board or the Department of Game and Inland Fisheries, in the
case of a public landing, files a petition with the governing body of the county within 30 days after notice is posted
and published as provided in this section, the governing body of the county shall hold a public hearing on the
proposed abandonment and shall give notice of the time and place of the hearing by publishing such information in
at least two issues in a newspaper having general circulation in the county and shall also give notice to the Board or,
if a public landing is sought to be abandoned, to the Department of Game and Inland Fisheries.
D. If a petition for a public hearing is not filed as provided in this section, or if after a publichearing is held the
governing body of the county is satisfied that no public necessity exists for the continuance of the section of the
secondary highway as a public highway or the railroad crossing as a public railroad crossing or the landing as a
public landing or that the safety and welfare of the public would be served best by abandoning the section of
highway, the landing, or the railroad crossing as a public highway, public landing, or public railroad crossing, the
P235
governing body of the county shall (i) within four months of the 30 -day period during which notice was posted
where no petition for a public hearing was filed or (ii) within four months after the public hearing adopt an
ordinance or resolution abandoning the section of highway as a public highway, or the landing as a public landing,
or the railroad crossing as a public railroad crossing, and with that ordinance or resolution the section of highway
shall cease to be a public highway, a public landing, or a public railroad crossing. If the governing body is not so
satisfied, it shall dismiss the application within the applicable four months provided in this subsection.
E. A finding by the governing body of a county that a section of the secondary state highway system is no longer
necessary for the uses of the secondary state highway system may be made if the following conditions exist:
1. The highway is located within a residence district as defined in § 46.2-100;
2. The residence district is located within a county having a density of population exceeding 1,000 per square mile;
3. Continued operation of the section of highway in question constitutes a threat to the public safety and welfare;
and
4. Alternate routes for use after abandonment of the highway are readily available.
F. In considering the abandonment of any section of highway under the provisions of this section, due consideration
shall be given to the historic value, if any, of such highway.
G. Any ordinance or resolution of abandonment issued in compliance with this section shall give rise in subsequent.
proceedings, if any, to a presumption of adequate justification for the abandonment.
H. No public landing shall be abandoned unless the Board of Game and Inland Fisheries shall by resolution concur
in such abandonment.
Code 1950, § 33-76.8; 1950, p. 731; 1970, c. 322, § 33.1-151; 1975, c. 255; 1978, c. 187; 1980, c. 39; 1981, c. 323;
1990, c. 190; 2014, c. 805.
P236
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Tobacco Commission Grant for Advanced Skills IT
Academy
SUBJECT/PROPOSAL/REOUEST•
The Board is requested to consider if it would like to
partner with DCC and Danville to support a Tobacco
Commission grant that will begin to lay the
foundation to create an IT focused workforce pipeline.
The County is being requested to provide $35,280.66
as its portion of the grant's local match.
STAFF CONTACT(S):
Mr. Rowe
AGENDA DATE:
3-21-2017
ACTION•
Yes
CONSENT AGENDA:
ACTION:
ITEM NUMBER:
17
INFORMATION:
INFORMATION:
ATTACHMENTS:
DCC proposed grant submittal overview.
A DDC representative will be present to answer
additional questions.
REVIEWED BY:
BACKGROUND:
Danville Community College (DCC) has been an integral workforce partner with the County and the City of
Danville, and this partnership has resulted not only in the precision machining capstone program but also its
associated recent and upcoming job announcements and significant private investment. The DCC precision
machining program not only is at the college level, but also extends into the County's high school (as well as
the City's high school now), and offers students the curriculum needed to obtain in -demand, and above
average paying jobs. This now touted program took forward thinking from regional leaders, and a similar
opportunity is being presented to the Board through the proposed Virginia Tobacco Commission grant to
begin the creation of the DCC Advanced Skills IT Academy. DCC and the region have identified the
information technology field as the next opportunity for our workforce, and this field integrates into the
existing precision machining and advanced manufacturing workforce pipeline. The Virginia Tobacco
Commission grant is the first concrete step to create the proposed Advanced Skills IT Academy.
DISCUSSION:
The proposed grant must have a 1 -to -I local match. The total budgeted program amount is $211,683.96. Of
this amount, $105,841.98 is considered to be the local match. With the proposed partnership, Pittsylvania
County, along with the City of Danville and DCC, would each pay one-third of the local match; being
$35,280.66. This is an unbudgeted request and would have to come from the County's general fund
(Economic Development Department budget funding is unable to meet this request without greatly impacting
core functions). If funded, the grant would fund the development of the curriculum for the capstone
experience and would purchase a new server that is required to meet the cloud -based curriculum needs.
DCC and the City of Danville have already committed to meeting their portion of the proposed partnership,
RECOMMENDATION:
Staff recommends that the Board continue its forward-looking investment in the County's workforce, by
being a funding partner in the Virginia Tobacco Commission grant with DCC and the City of Danville in the
amount of $35,280.66, to take the first necessary steps to create the Advanced Skills IT Academy.
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DCC
Danville Community College
Serving Danville Halifax County Pittsylvania County
1008 South Main Street Danville, Virginia 24541-4004
Advanced Skills IT Academy
434.797.2222 TTY: 434.797.8542
Fax: 434.797.8541 www.dcc.vccs.edu
A Collaborative Partnership between DCC, Danville, Pittsylvania County
Information Technology (IT) holds the potential for tremendous growth opportunity in this region if we
provide an available labor pool of highly skilled employees. The Bureau of Labor statistics indicates this
field will grow by 20% (Bureau of Labor Statistics, 2014) over the next ten years and given several
strategic advantages of this area, this growth can become an ever greater driver of economic growth
and development, providing high paying jobs to area constituents.
As we did in Precision Machining, we can collaboratively build a pathway to provide a pipeline of highly
skilled labor pool for the field of IT. Danville Community College (DCC) is requesting a collaborative
partnership with the City of Danville and Pittsylvania County to make this a reality. We will pursue
funding from the Tobacco Commission in order to build upon the existing programs at the high schools
and DCC to create a training program that does not currently exist, addressing skills gaps identified by
existing IT companies in this region. As evidenced by successes of the Precision Machining pipeline, the
creation of a highly skilled labor pool we can and will attract IT companies to this region, and attract
more advanced manufacturing opportunities as the industry becomes ever more automated with the
inclusion of robotics. The future of manufacturing in the U.S. will be based on highly skilled technicians
who program and monitor automated systems. The future of economic growth rests largely upon the
skilled IT programmers, cyber security specialists, and data administrators and analysts.
Danville Community College requests from Pittsylvania County, $35,280.66 in matching funds to
support a grant application to the Tobacco Commission for the development of an Advanced Skills
Information Technology Academy. DCC and the City of Danville have each committed a like amount.
The Tobacco Commission award, if successful, is the first step toward the Academy and will fund
development of the curriculum for the capstone experience and purchase a new server that meets the
cloud -based curriculum needs.
The Academy is designed to meet the growing regional needs for qualified individuals in:
• Cyber security • Database and cloud management ® Software development
Current IT graduates often lack the industry needed skills as they relate to the future of robotics, cloud
database technology, and software development specifically in terms of the growing demands for
information security. The Academy provides students with integrated, team -based cross learning about
how the IT fields operates. The database students, cybersecurity students, and software developers will
collaborate to develop products, solutions and work with stakeholders in product development. The
goal will be to provide a realistic learning environment so graduates will enter the workforce with the
skills that employers need and reduce need for additional training/mentors so new employees can hit
the ground running. We have worked with Noblis and KSI to identify the skills gaps related to existing
Associate's and Baccalaureate degrees and our next step is to develop the curriculum and applied
training experience that will close those gaps.
An Egual OpporturtRylAfrme6ve e0on Collage Member, V+rgOua CommunUy College System
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Access/Pathway to Advanced ITSkills
IT Academy will prepare students for the future of industry, regardless of sector. Increasingly,
employers ranging from sales to manufacturing are becoming dependent on technology to function.
This has led to the significant growth of Information Technology as field. The Bureau of Labor statistics
indicates this field will grow by 20% (Bureau of Labor Statistics, 2014) over the next ten years. The
number of students in the pipeline does not meet the industry demand.
The Advanced IT Academy has three pathways for students to enter. For traditional pathway students,
DCC will work with school partners to develop a targeted recruitment strategy in K-12 learning through
three phases. In the first phase, interested 3`^ through 8th graders will be exposed to IT skills through
curriculum integrating hand -on learning opportunities to building interest and skills in IT as a profession.
In the second, phase, students will be mentored into a curriculum pathway in Information Technology
where they will be able to complete one year of college study, earn a basic certificate(s), and earn an
industry credential by the time of graduation. After high school, they will be able to complete an
Associate's degree in either Programming or Networking in one additional year. After completion,
students will attend a capstone experience through the Advanced IT Academy to earn a final Career
Studies Certificate of Advanced study in one of the above mentioned targeted fields.
Non-traditional students entering the Advanced IT Academy will enter based on a prior learning
assessment. Any student who has attended credit or non-credit training and/or earned an industry
credential will be granted credit for the equivalent courses at DCC. This will provide non-traditional
students with the opportunity to reduce time to degree completion. DCC has been approved as one of
the 40 colleges to delivery curriculum as a competency -based approach which provides additional
opportunities to assess prior learning and also accelerate learning for students with higher levels of IT
skills as they enter the program
The final pathway targets students who currently hold a bachelor's or associate's degree and are
interested in gaining additional relevant skills to help in their job search or career advancement. In this
option, students will enter directly into the Advanced IT Academy through credit and non-credit training
in order to improve their skills in hands-on, collaborative learning environment.
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PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Request from Town of Chatham
SUBJECT/PROPOSAL/REQUEST:
Prohibition of internal combustion engines on
Cherrystone & Roaring Fork Lakes
STAFF CONTACT(S):
Mr. Smitherman
AGENDA DATE:
03-21-2017
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
Yes
ITEM NUMBER:
18
INFORMATION:
INFORMATION:
At their March 13, 2017 meeting, the Town of Chatham Council passed Resolution 2017.03.01, which formally
requests the Pittsylvania County Board of Supervisors to consider establishing a county ordinance stipulating that
except in emergency situations or sponsor authorized maintenance, no vessel powered by or equipped with internal
combustion engines be allowed on Cherrystone and Roaring Fork Lakes (see attached resolution).
RECOMMENDATION:
Staff recommends the Board of Supervisors refer this request to their Legislative Committee for further
consideration.
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Resolution 2017.03.01
TOWN OF CHATHAM
RESOLUTION PROHIBITING INTERNAL COMBUSTION ENGINES
ON CHERRYSTONE LAKE AND ROARING FORK LAKE
Whereas, Cherrystone and Roaring Fork Lakes, providing for the health and
wellness of Pittsylvania County residents, are the source for all of the public water supply
produced by the Chatham Water plant; and
Whereas, the private lakes, serving as drinking water reservoirs, must be kept free
of contaminates or pollutants from internal combustion engines; and
Whereas, no county ordinance or other prohibition currently exists preventing the
use of internal combustion engines on these private lakes.
Therefore, Be It Resolved That, the Council of the Town of Chatham, at a
lawfully organized meeting held at Chatham, VA on March 13, 2017, formally requests
that the Pittsylvania County Board of Supervisors establish a county ordinance stipulating
that, except in emergency situations or sponsor authorized maintenance, no vessels
powered by or equipped with internal combustion engines be allowed on Cherrystone or
Roaring Fork Lakes.
Be It Further Resolved That, the Council of the Town of Chatham formally
requests that any violation of the aforementioned ordinance be enforced by the Pittsylvania
County Sheriff's Office.
Tim thyD. Hammel I — Clerk of Council
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Roy P. B, d, Jr. —Mayor
REPORTS FROM
MEMBERS
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REPORTS FROM
COUNTY
ADMINISTRATOR
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ADJOURNMENT
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