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09-19-2017 Work Session & Business Meetint PKTMwd r_ O_ PACKET 1767 Pi P2 t PITTSYLVANIA COUNTY BOARD OF SUPERVISORS WORK SESSION Tuesday, September 19, 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 Barksdale o Davis o Scearce ❑ Hagerman o Blackstock n Barber a Warren u 3. Items to be Added Barksdale ❑ Davis o Scearce o Hagerman o Blackstock a Barber n Barksdale o Davis c Scearce o Hagerman c Blackstock a Barber o Warren o Warren o 4. Approval of Agenda Barksdale o Davis o Scearce o Hagerman o Blackstock n Barber ❑ Barksdale o Davis o Scearce o Hagerman o Blackstock r; Barber o Warren c Warren c 5. New Business (a) Regional Transit (Presentation by Betty Adams) Pages 7-17 (b) Duke Energy Grant Update (Ms. Van Der Hyde) Pages 18-21 (c) Financial Historical Data Presentation (Ms. Van Der Hyde) (d) Auction results concerning old Northside High School field in Gretna, VA Page 23 (e) Recommendations from Legislative Committee (if any) Page 24 (f) Recommendations from Joint Computer/Radio/Telecommunications (CRT) & Finance Committees Meeting (ifany) Page 25 6. Discussion of Business Meeting items 7. Constitutional Officers Reports Pages 26-28 (a) Brief discussion with the Honorable Vincent Shorter, Treasurer, on review of Statement of the Treasurer's Accountability monthly reports. 8. Staff Reports (if any) 9. Closed Session Time Entered into Closed Session: Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren (a) Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body. For the purposes of this subdivision, "probable litigation" means litigation that has been specifically threatened or on which the public body or its legal counsel has a reasonable basis to believe will be commenced by or against a known party. Nothing in this subdivision shall be construed to permit the closure of a meeting merely because an attorney representing the public body is in attendance or is consulted on a matter. Legal Authority: Virginia Code Section 2.2-3711(A)(7) Subject Matter: Mountain Valley Pipeline Purpose: Consultation with Legal Counsel Regarding Zoning/Federal Preemption Issues 10. Return to Open Session & Closed Session Certification Time Returned to Open Session: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the Work Session of the Pittsylvania County Board of Supervisors on September 19, 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 Vote Tim R. Barber Yes/No Ronald S. Scearce Yes/No Jerry A. Hagerman Yes/No Joe B. Davis Yes/No Elton W. Blackstock Yes/No Jessie L. Barksdale Yes/No Robert W. Warren Yes/No 11. Adjourn to Business Meeting (General District Courtroom; 7:00 pm) PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Regional Transit SUBJECT/PROPOSAL/REO UEST: Presentation on proposed Regional Transportation Initiative STAFF CONTACT(S): Mr. Smitherman SUMMARY: AGENDA DATE: 09-19-2017 ACTION: ❑ CONSENT AGENDA: ❑ ROLL CALL VOTE: ❑ ATTACHMENTS: Yes REVIEWED BY: ITEM NUMBER: 5(a) INFORMATION: Betty Adams, Executive Director for the Southern Virginia Higher Education Center (SVHEC), will give a brief presentation on the proposed Regional Transportation Initiative. Along with the attached presentation document from the August 18, 2017 Transportation Advisory Committee meeting and the Resolution of Support adopted by Halifax County, information concerning the Southern Virginia Transit Feasibility Study Final Report of May 2017 can be reviewed at: https://www.dropbox.com/s/7yo9ei73v3lil6f/SoVaTransitFeasibilityStudy.pdf?dl=0 . FINANCIAL IMPACT AND FUNDING SOURCE: None at this time. RECOMMENDATION: Staff submits this for the Board's consideration. MOTION: P7 Transportation Advisory Committee Meeting AUGUST 18, 2017 Regional Transportation Initiative The Southern Virginia Higher Education Center partnered with the Virginia Department of Rail and Public Transportation to conduct a transit feasibility study for an eleven county area in southern Virginia • Regional stakeholders participated in study • The Final Report for the Southern Virginia Transit Feasibility study was completed in May 2017 • The consultant firm recommended that service for two corridors with the highest demand should be implemented to begin the process of providing public transportation in the region including; U.S. Route 29 between Chatham and Danville, and U.S. Route 58 between Danville and South Boston Key Dates for Transportation Planning Process • August 18, 2017 —Transportation Advisory Committee meeting • August 24, 2017 —Southern Virginia Transportation Stakeholder meeting • October 19, 2017—Tobacco Commission Grant Deadline • February 1, 2018—State Demonstration Grant application Deadline • June 2018— State will identify which Demonstration Grants will be funded • Spring 2019 — Bus service could begin after vehicles are delivered Survey Results Southern Virginia Higher Education survey results: 17.7% of the respondents indicated that transportation is often or always a barrier Over 50% of respondents indicated that the high cost of fuel is a barrier 17% reported unreliable vehicles as a specific transportation barrier • 13% of the respondents depend on others for rides 12.5% of the respondents lack a vehicle Survey Results Human Service Agency survey results: • All 30 respondents confirmed that their clients indicated that the lack of reliable transportation is a barrier • Top client transportation destinations are educational, employment and social services • 90% of the respondents indicated there is a need for regional transportation services across county and city lines Survey Results Employment Transportation survey results: • Employers reported that only 14% received notice that employees indicated transportation to work is a problem • Approximately 39% of employers surveyed believe transportation to work is an issue in hiring and retaining employees • 18.5% of employers stated they would be willing to help with the cost of transportation Transfer Connection issues and ADA Requirements • The travel time from Danville's Transfer Center to the Southern Virginia Higher Education Center is approximately 40 minutes • Transit systems must provide complementary service for persons with disabilities along intercity routes (minimum % mile corridor) • Additional time of at least 15 minutes must be added to each leg • Danville Transit operates a hub and spoke system that involves transfer connections beginning at 6:40 am, 7:20 am, 8:00 am, 8:40 am, 9:20 am, 10:10 am, 10:50 am, 11:30 am, 12:15 pm, 1:00 pm, 1:50 pm, 2:40 pm, 3:40 pm, 4:25 pm, 5:05 pm and 5:45 pm Transfer Connection Options and ADA Requirements DANVILLE REGIONAL TRANSIT BUSES BUS ARRIVE AT REGIONAL REGIONAL ARRIVES AT DANVILLE BUS DEPARTS BUS DANVILLE TRANSFER DANVILLE DEPARTS TRANSFER CENTER SOUTH BOSTON CENTER Development of Danville Transit Operating Cost Estimate for possible Service Expansion • FY17 variable operating cost per hour - $30 • Additional expense to support expanded service includes marketing expense ($15,000) and supervisory support ($38,000). • Operating cost estimate does not support radio communications. • Operating cost estimate includes overtime expense for all service hours. Year 1— Demonstration Grant Local Operating Cost Estimate Four (4) Roundtrips to South Boston and Gretna Total Operating Hours - 4591 * Local Operating Fund estimate based on three paid trips completed per hour Total Local Cost Estimates for Year 1 including Vehicle Cost (14 passenger buses) Capital Cost 5311 Federal and Three Lift Equipped 14 Passenger State Matching Aid Buses at $110,000 per unit (10% local cost for expansion vehicles) $330,000 Total Cost of Vehicles $33,000 Year 2 — Local Cost Estimate Four (4) Roundtrips to South Boston and Gretna Total Operating Hours -4591 • Local Operating Fund estimate based on three paid trips per hour • Buses paid for year 1 could be used for at least 4 years • State operating aid levels are not guaranteed for year 2 and later Service Plan Recommendations • Require passengers to reserve service based on fixed schedule times until demand supports providing service without reservations • Establish a toll free line for passengers to make reservations • Reservation based arrangement will provide for a more cost effective approach during the initial phase of service • The Demonstration grant may be extended beyond one year if service is initially provided relative to passenger demand versus a set schedule • Provide connecting van service within Pittsylvania and Halifax counties to fixed route bus stop locations Update on Propane Bus Procurement Activities • Significant vehicle downtime has occurred with propane buses Bus vendors lack maintenance experience and must rely on outside technicians There are no certified repair facilities within 200 miles of Danville The state has approved Danville's request to purchase bi-fuel propane vehicles Financial Status Report Highlights • Salary and wages over budget due to wage rate increase and passenger demand for Reserve A Ride Service • Overtime expense over budget due to turnover, increased wage rate and passenger demand for Reserve A Ride service • Vehicle maintenance over budget due to major repairs including the replacement of two diesel engines ($16,000 each). • Token sales increased $18,418 due to spike in Reserve A Ride Service (24%) • Local contribution over budget by $26,588 partially due to salary P/R Factor • Additional federal funding may be received in the amount of $76,557 Ridership Report Highlights • Fixed route ridership decreased 7.8% during FY17 • Reserve A Ride ridership increased 32% during FY17 • Handivan ridership increased 9.3% during FY17 • Senior ridership increased 4% during FY17 • Dialysis transportation for persons under 60 decreased 41°% 0 Update on Operating Projects • Service to the Danville Centra Medical Facility started August 1st • Mainline Trolley service started August 4th • Averett University bus service will start August 231d • New route and schedule guide was distributed in July • New brochure for the Mainline Trolley was distributed the end of July Update on Capita{ Projects • Two propane buses were delivered to support Averett service • Proposals were received for the propane refueling station • Five new small buses and two vans will be ordered this month • New coin counting machine has been ordered • New bus shelter will be completed next week at Averett's north campus • New bus shelter has been bid for the Adult Education bus stop and Public Works Engineering will bid sidewalk improvements for the project in September RESOLUTION Whereas, the Sothcm Virginia Higher Education Center has been established as a Center of Manufacturing Excellence to serve the workforce and educational needs of Southern Virginia; and Whereas, the Higher Education Center understands that one barrier to gaining the education, workforce skills and employment necessary to make all residents of Southern Virginia economically successful is transportation;, and Whereas, the HEC worked to get a grant through the Department of Rail and Public Transportation for a Southern Virginia Transit Feasibility Study; and Whereas, the final report from this Feasibility Study (May 2017) recommended two route corridors foot possible transit service consideration — South Boston to Danville and Chatham to Danville; and Whereas, the Danville Transportation Advisory Committee recommended that the Danville City Council should support the proposed service and permit Danville Transit to operate the service; and Whereas, projected service times and a preliminary budget have been developed by or in conjunction with Danville Transit; and Whereas, Danville Transit would submit and administer a Demonstration Grant and apply for Federal and State transportation funds; and Whereas, the local share of the cost for the Halifax County service is estimated to be $39,400 in year one of operations and between $39,000 and $40,500 in years 2 and 3 of operations; and Whereas, the HEC in conjunction with Halifax County anticipate funding for the local share of the grant to come from the Tobacco Commission and/or Go Virginia; and Whereas, should this funding not be available Halifax County agrees to provide the local share in conjunction with other local stakeholders and users of the service; and Whereas, Halifax County agrees that for the service to be given a chance to show success, 3 years of service under the Demonstration Grant should be anticipated — unless ridership numbers required for success are clearly not seen and then service would be terminated; Now therefore, Halifax County supports the submission of the Demonstration grant, Tobacco Commission grant, Go V irginia grant and local funding support required for this needed service. ATTEST: Ja es M. Halasz, Clerk 42. ,.r - 4i/fviX( Dennis G. Witt, Chairman P17 ri C %mor PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Duke Energy Grant SUBJECT/PROPOSAL/REOUEST: Update on funding made available from Duke Energy for the purpose of a Regional Agricultural Marketing Campaign Project STAFF CONTACT(S): Van Der Hyde SUMMARY: AGENDA DATE: 09-19-2017 ACTION: ❑ CONSENT AGENDA: ❑ ROLL CALL VOTE: ❑ ATTACHMENTS: 1.) Duke Energy MOU REVIEWED BY: If ITEM NUMBER: 5(b) INFORMATION: RI Duke Energy recently awarded North Carolina Cooperative Extension Rockingham County Center a grant in the amount of $100,000 to be used for a regional Agricultural Marketing Campaign. This campaign will benefit Pittsylvania County and surrounding Virginia counties as well. The funding agreement provided by Duke Energy allows for the excess of funds not used in North Carolina to be divided with the Virginia Cooperative Extension Pittsylvania County Office to be used to purchase regional agricultural themed promotional items. Jamie Stowe, Extension Unit Coordinator for Pittsylvania County believes that we should be expecting between $17,900 and $22,400. She said that these funds will be used for the purchase of agricultural promotional items for Pittsylvania, Halifax, Henry and Patrick Counties. Pittsylvania will serve as fiscal agent for these funds and this grant will not require any local funding. FINANCIAL IMPACT AND FUNDING SOURCE: Local funds are not required. RECOMMENDATION: This item does not require action at this time. The information has been provided to you to make you aware of the existence of this grant and its purpose. This item will be brought back at a later date when the exact appropriation of funds has been determined. MOTION: P18 &; DUKE ENERGY. July 31, 2017 Mr. Will Strader County Extension Director, Rockingham County 525 NC 65 Suite 200 Reidsville, NC 27320 Dear Mr. Strader, WATER STRATEGY, HYDRO LICENSING AND LAKE SERVICES Duke Energy CoWmfion 526 South Church Street Charlotte, NC 28202 I am pleased to inform you that Duke Energy Carolinas, LLC ("Duke Energy") has authorized funding to the North Carolina Cooperative Extension Rockingham County Center ("Rockingham Center') in the amount of $100,000.00, subject to Rockingham Center's acceptance of the terms and conditions set forth in this letter. The following terms and conditions are attached to the distribution of this funding: 1. This funding ($100,000.00) shall be be used only by the Rockingham Center solely to: a. Implement the attached Bouvier Kelly Letter of Agreement —Agency Services dated 6-30-17 for the Dan River State Crossings - Agricultural Marketing Campaign Project. b. Funding in excess of that required to implement the attached agreement will be divided with the Virginia Cooperative Extension Pittsylvania County office (Pittsylvania Office) in a manner agreeable to both the Rockingham Center and the Pittsylvania Office and fully utilized by both parties to purchase regional -agricultural - themed promotional items. Funding shall be paid to the Rockingham Center in one lump sum within 30 calendar days after the Rockingham Center signs and returns this letter to Duke Energy. 2. The Rockingham Center warrants that it is (a) a tax exempt organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code") and is further classified as a public charity within the meaning of Section 509(a)(1) or 509(x)(2) of the Code, or is a governmental unit described in Section 170 of the Code, and (b) that receipt of this grant will not adversely affect the Rockingham Centers current status under the Code. 3. The Rockingham Center must furnish to Duke Energy any information concerning a change or proposed change in the Rockingham Center's classification under the Code. Should such change in status occur, Duke Energy reserves the right to withhold future payments and/or have unexpended grant funds returned to Duke Energy. P19 Mr. Will Strader July 31, 2017 Page 2 of 3 4. All expenditures made by the Rockingham Center from this grant must be used only within the terms and conditions set forth herein. Any funds not used or committed for the specified purpose of the grant or not used or committed within any time limit specified in the request for the grant must be either approved by Duke Energy or returned to Duke Energy. 5. The Rockingham Center may not use grant funds nor any income earned thereon to: (a) carry on propaganda or otherwise to attempt to influence legislation (within the meaning of Section 4945(d)(1) of the Code), (b) influence the outcome of any specific public election or to carry on, directly or indirectly, any voter registration drive (within the meaning of Section 4945(d)(2) of the Code), (c) make grants to individuals or to other organizations that do not comply with the requirements of Section 4945(d)(3) or (4) of the Code, or (d) undertake any activity other than for a charitable, educational, literary, or scientific purpose specified in Section 170(c)(2)(8) of the Code. 6. It is understood that this project may not proceed exactly as proposed. In this case, please keep Duke Energy advised of any revisions you wish to implement. While Duke Energy will not unreasonably refuse to approve changes consistent with this letter or extensions to time frames originally set forth, Duke Energy reserves the right to require the return of monies not spent as originally approved. The Rockingham Center agrees to furnish annual reports by June 30 of each year on the results or progress of the project implemented by this funding. This report will contain a brief narrative about the status of project and a financial accounting of the expenditure of funds, including similar information provided by the Pittsylvania Office. These reports should be submitted each year until all funds have been expended. The final such report shall include a final accounting and an evaluation of what the funding accomplished. The Rockingham Center also agrees to provide any additional information reasonably requested by Duke Energy. 8. The Rockingham Center agrees to keep its financial and other records so that they adequately reflect that the funds were used exclusively for the grant's purposes. 9. Duke Energy retains the right to release information regarding this grant to any public media. The Rockingham Center will submit to Duke Energy all materials for publication or broadcast related to the grant for approval at least ten (10) business days prior to the intended date of publication or broadcast or submission for publication or broadcast. The Rockingham Center agrees to forward to Duke Energy copies of any news releases, published materials, or media articles mentioning this grant that come to the Rockingham Center's notice or attention. In the event of media or other inquiries calling for action more quickly than 10 days, the Rockingham Center shall notify Duke Energy as soon as possible after receiving such a request. 10. If the conditions set forth herein are not upheld or if Duke Energy determines, in its sole discretion, that the grant funds are not being used in an effective and efficient manner to P20 Mr. Will Strader August 7, 2017 Page 3 of 3 further the purposes of the grant, Duke Energy may (a) terminate any and all further distributions to the Rockingham Center whether or not such distributions are to be made as a part of this grant or any other approved grant from Duke Energy, and/or (b) require the repayment to Duke Energy of any unexpended grant funds. 11. The Rockingham Center hereby agrees to release, indemnify, defend and hold harmless Duke Energy, its affiliates, their officers, trustees, directors, managers and employees from and against all claims, damages or injuries to persons or property of Duke Energy, its affiliates, The Rockingham Center or any third party arising out of (directly or indirectly) or related in any way to the actions or omissions of the Rockingham Center, its officers, directors, employees or agents under this grant or related to the project. 12. Duke Energy desires that all resources granted to the Rockingham Center under this agreement be dedicated to accomplishing the purposes referenced in Condition 1. Accordingly, the Rockingham Center agrees not to recognize Duke Energy, its trustees or staff with any commemorative items. Please note that this funding has been provided based on an individual evaluation of the subject program referenced in Condition 1 and should not be construed as a precedent for subsequent gifts. Acknowledgment of the Rockingham Center's agreement to the terms and conditions set forth in this letter must be made by a duly authorized representative of the Rockingham Center who should execute both copies of this letter and return one such executed copy to Duke Energy within thirty (30) days from the date of this letter. Sincerely, Steven D. Jester Vice -President Water Strategy, Hydro Licensing, and Lake Services I certify that I am duly authorized to bind the North Carolina Cooperative Extension Rockingham County Center to the terms of this agreement, and do hereby agree to, and accept the terms set forth above, this _ day of 2017. 0 (Signature) Mr. Will Strader County Extension Director Rockingham County, NC P21 PITTSYI,YANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Financial Historical Data Presentation SUBJECT/PROPOSAL/REQUEST: Financial Historical Data Presentation STAFF CONTACT(S): Ms. Van Der Hyde AGENDA DATE: 09-19-2017 ACTION: 11 CONSENT AGENDA: ❑ ROLL CALL VOTE: 11 ATTACHMENTS: ITEM NUMBER: 5(c) INFORMATION: RI SUMMARY: Kim Van Der Hyde, Director of Finance, will give a presentation on financial historical data for Pittsylvania County, FINANCIAL IMPACT AND FUNDING SOURCE: N/A Staff submits this for the Board's consideration. MOTION: P22 FITTSYLVANIAi COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Auction results concerning old Northside High School field in Gretna, VA Update on results of GovDeals.com auction STAFF CONTACT(S): Mr. Smitherman, Vaden Hunt, Connie Gibson SUMMARY: AGENDA DATE: 09-19-2017 ACTION: ❑ CONSENT AGENDA: ❑ ROLL CALL VOTE: ❑ ATTACHMENTS: ITEM NUMBER: 5(d) INFORMATION: County Staff was approved to issue on Govdeals.com the land parcels in Gretna for auction. Fair market value is $51.400.00 . The County received 6 bids, with the highest being $20,500.00, which did not meet market value. If the Board chooses, the property can be sold to the high bid of $20,500.00, or resubmitted for sale through auction or other means. FINANCIAL IMPACT AND FUNDING SOURCE: The property is currently under the ownership of the Board of Supervisors and is not taxed. RECOMMENDATION: Staff needs direction from the Board of Supervisors on how to proceed. MOTION: If the Board chooses to sell, a motion is needed to sell the property to the high bidder for $20,500.00, and direct the County Attorney to proceed with the deed/title for the sale. P23 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Recommendations from Legislative Committee SUBJECT/PROPOSAL/REOUEST: Committee recommendations to Board of Supervisors STAFF CONTACT(S): Mr. Smitherman; Mr. Hunt SUMMARY: AGENDA DATE: ITEM NUMBER: 09-19-2017 5(e) ACTION: ❑ INFORMATION: R1 CONSENT AGENDA: ❑ ROLL CALL VOTE: ❑ ATTACHMENTS: REVIEWED BY: The Legislative Committee met on Monday, September 11, 2017 at 2:00 pm for the following: (a) Discussion of Potential Public Assemblies, Demonstrations, and Parades Ordinance (b) Discussion of Potential Revisions to Board of Supervisors' Bylaws There were no recommendations submitted from the Committee to the full Board at this time. FINANCIAL IMPACT AND FUNDING SOURCE: RECOMMENDATION: MOTION: P24 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Recommendations from CRT/Finance Committees Joint Meetinq SUBJECT/PROPOSAL/REOUEST: Committee Recommendations to full Board of Supervisors STAFF CONTACT(S): Mr. Davis SUMMARY: AGENDA DATE: 09-19-2017 ACTION: ❑ CONSENT AGENDA: ❑ ROLL CALL VOTE: ❑ ATTACHMENTS: REVIEWED BY: ITEM NUMBER: 5(f) INFORMATION: The Computer/Radio/Telecommunications (CRT) Committee and the Finance Committee will have a joint meeting at 3:30PM on Tuesday, September 19, 2017, to discuss the following: (a)Radio system enhancements Any of the committees' recommendations will be presented to the full Board of Supervisors. FINANCIAL IMPACT AND FUNDING SOURCE: RECOMMENDATION: MOTION: P25 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Constitutional Officers Reports - Treasurer SUBJECT/PROPO SAL/REOUEST: Brief discussion with the Honorable Vincent Shorter, Treasurer, on review of Statement of the Treasurer's Accountability monthly reports. STAFF CONTACT(S): Hon. Vincent Shorter AGENDA DATE: 09-19-2017 ACTION: ❑ CONSENT AGENDA: ❑ ROLL CALL VOTE: ITEM NUMBER: 7(a) INFORMATION: ATTACHMENTS: 07/31/17 Statement of the Treasurer's Accountability REVIEWED BY: Of SUMMARY: The Honorable Vincent Shorter, Treasurer, will discuss review of the Statement of the Treasurer's Accountability monthly reports. FINANCIAL IMPACT AND FUNDING SOURCE: N/A Staff submits for the Board's consideration. MOTION: None P26 PITTSYLVANIA COUNTY, VIRGINIA VINCENT E. SHORTER, TREASURER STATEMENT OF THE TREASURER'S ACCOUNTABILITY July 31. 2017 Assets held by the Treasurer: Cash on Hand Cash in Banks: First Citizens First Citizens (Pittsylvania County Employee Health) First Citizens (Pittsylvenia County Cafeteria Account) First Citizens (Pittsylvania County School Escrow Accounts) First Citizens (State Restricted Seizure -Sheriff) First Citizens (State Restricted Seizure Trust Accounts) First Citizens (Federal Restricted Seizure-Sherifo First Citizens (Special Welfare Account) First Citizens (Jail Medical Co -Payment Account) First Citizens (School Bus Lease) American National Bank Investment Account American National Bank (Cafeteria Receipts) American National Bank Tax Collections Account Certificates of deposit and savings: American National Bank (Certificate #5810) American National Bank (Certificate #2110) American National Bank (Certificate #1597) American National Bank (Certificate #6101) American National Bank (Certificate #6128) American National Bank (Certificate #6144) American National Bank (Certificate #6187) American National Bank (Certificate #6233) American National Bank (Certificate #6241) First Citizens Bank (Certificate #4416) First Citizens Bank (Certificate #4424) First State Bank Com of Va - Current Debit Account (State Jury Claims) First Citizens (Social Services IDA Bond Account) Bank of America P27 5,480.38 12,910,957.10 4,773,613.12 451,180.15 125,505.79 20,396.27 627,060.93 14,322.33 108,731.91 3, 736, 364.05 540, 509.05 102.41 3, 391, 390.51 1,022,103.83 1,022,103.83 1,022,103.83 1,005,630.13 1,005,630.13 1, 005, 530.87 3,919.22 38,404.40 $ 32,831,040.24 Liabilities of the Treasurer: Fund Balances: General Fund School Fund Pittsylvania County School Cafeteria Fund Cafeteria Receipts Fund School Bus Lease Virginia Public Assistance Fund State Restricted Seizure Fund - Sheriff Federal Restricted Seizure Fund - Sheriff State Restricted Seizure Fund - Comm Atty Federal Restricted Seizure Fund - Comm Atty Veterinary Expense Fund Grants Fund Workforce Investment Fund Law Library Fund Library Gifts Fund Cash Bonds Fund Capital Improvements Fund Jail Inmate Management Fund Courthouse Maintenance Fund Courthouse Security Fund Jail Processing Fund Rural Roads Fund Industrial Development Fund (Local) Industrial Development Fund (Cyclical) Pittsylvania County School Bond Fund Social Service IDA Bond Fund Debt Service Reserve Fund Bond Fund - Schools Landfill Enterprise Fund Rescue Billing Fund Central Stores Fund Commonwealth Atty Current Credit Account Local Sales Tax Fund Building Code Academy Fund Treasurer's Deferred Credit Account Treasurer's Clearing Account Special Welfare Fund Pitt. Co. Employees' Health Plan 17,159, 203.13 3,400,952.54 451,180.15 540,509.05 938,782.18 145, 902.06 627,060.93 10,541.30 25,869.83 (296.02) 612,273.68 246,521.44 29,474.40 43,510.07 332,564.55 977,413.31 271,486.42 35,978.11 526,578.56 16,949.37 239,522.62 1,126, 799.99 60,663.58 9,355.13 38,404.40 204,091.82 2,400.00 7,432.39 (6,518.52) (44,198.36) 12,909.44 545.60 (758.36) 14,322.33 4,773,613.12 Total Liabilities $ 32,831,040.24 I hereby affirm that this is a true and correct statement of the financial condition of my office at the close of business on July, 31, 2017 to the best of my knowledge. Treasurer. P28 BUSINESS MEETING P29 P30 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS BUSINESS MEETING TUESDAY, SEPTEMBER 19, 2017 General District Courtroom Edwin R. Shields Courthouse Addition 11 Banks Street, Chatham, VA AGENDA 1. Call to Order — 7:00 p.m. Barber Hagerman Blackstock Davis Scearce Barksdale Warren 2. Moment of Silence 3. Pledge of Allegiance 4. 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 5. (a) Minutes: August 15, 2017 Pages 38-47 (b) Bill List — August 2017 (Online) (c) Ratification of Regional One Contract Amendment Pages 48-59 (d) Restructuring Departments Pages 60-69 (e) Request from Library to transfer old book turnstiles to schools Pages 70-76 (f) Ratification of Building Lease for Community Policies Management Team (CPMT) Office Space Pages 77-87 (g) Proclamation - National Fire Prevention Week; October 8-14, 2017 Pages 88-90 (h) Ratification of Gravel Parking Lot Lease Pages 91-98 PUBLIC HEARINGS Rezoning Cases: Case 1: Brenda G. Short — Banister Election District R-17-028 R-1, Residential Suburban Subdivision District to A-1, Agricultural District Open: _ Speakers: Motion: Second: Roll Call Vote Close: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Barber Hagerman Blackstock Davis Scearce Barksdale Warren Comments: Y N A Barber Hagerman Blackstock Scearce Davis Barksdale Warren (Roll Call Vote Y or N) Public Hearings 7. Public Hearing to receive citizen input on the disposal of the following parcel of publicly owned property as follows: 0.064 of an acre plot located on the corner of Payne Street Extension in Gretna, Virginia; GPIN #2530-39-4367. Pages 100-116 Open: Speakers:_ Motion: Second. Roll Call Vote Y Barber Hagerman Blackstock Scearce Davis Barksdale Warren (Roll Call Vote Y or N) Close: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Barber Hagerman Blackstock Davis Scearce Barksdale Warren N A Comments: 8. Public Hearing to receive citizen input on a proposed amendment to Chapter 6-6.3, Property Exempt by Classification or Designation, of the Pittsylvania County Code to include real estate property owned by the New Prospect Baptist Church; GPIN #2555-07-2288 and GPIN #2555-07-2398. Pages 117146 Open: _ Speakers: Motion: Second. Roll Call Vote Y Barber Hagerman Blackstock Scearce Davis Barksdale Warren (Roll Call Vote YorN) Close. Barber Hagerman Blackstock Davis Scearce Barksdale Warren Barber Hagerman Blackstock Davis Scearce Barksdale Warren N A Comments: 9. Public Hearing to receive citizen input on an ordinance establishing a deadline for submission of applications for equalization of real estate assessment and for the Board of Equalization to complete its deliberations on such applications, prescribing the form for such applications, and permitting the electronic filing of applications. Pages 147-152 Open: _ Speakers. Motion: Second: Roll Call Vote Close: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Barber Hagerman Blackstock Davis Scearce Barksdale Warren Comments: Y N A Barber Hagerman Blackstock Scearce Davis Barksdale Warren (Roll Call Vote Y or N) UNFINISHED 10. Auction results concerning old Northside High School field in Gretna, VA Page 154 Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second. Barber Hagerman Blackstock Davis Scearce Barksdale Warren (Roll Call Vote Y or N) NEW BUSINESS 11. Danville-Pittsylvania Community Services Contract Renewal Pages 156-164 Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second. Barber Hagerman Blackstock Davis Scearce Barksdale Warren (Roll Call Vote Y or N) 12. Request from Fire & Rescue Association Pages 165-174 Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second. Barber Hagerman Blackstock Davis Scearce Barksdale Warren (Roll Call Vote Y or N) 13. Pittsylvania County Schools Bus/Yehicle Lease Pages 175-204 Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second. Barber Hagerman Blackstock Davis Scearce Barksdale Warren (Roll Call Vote Y or N) 14. Pittsylvania County Schools 2017/18 Budget Amendments Pages 205-208 Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren (Roll Call Vote Y or N) 15. Recommendations from Legislative Committee (if any) Page 209 Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second. Barber Hagerman Blackstock Davis Scearce Barksdale Warren (ROB Call Vote Y or N) 16. Recommendations from Joint CRT/Finance Committees (if any) Page 210 Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second. Barber Hagerman Blackstock Davis Scearce Barksdale Warren (Roll Call Vote YorN) BOARD ANNOUNCEMENTS REPORTS FROM COUNTY ADMINISTRATOR ADJOURNMENT TO BE ADDED P35 HEARING OF CITIZENS P36 CONSENT AGENDA P37 August 15, 2017 Business Meeting Pittsylvania County Board of Supervisors Business Meeting August 15, 2017 VIRGINIA: The Business meeting of the Pittsylvania County Board of Supervisors was held on Monday, August 15, 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 & Administration, Mr. Matt Rowe, Director of Economic Development; Ms. Kim Van Der Hyde, Director of Finance; Ms. Cheryl Boswell, CSA Coordinator; Ms. Lisette Jordan, Human Resources Manager; and Ms. Rebecca Flippen, Deputy Clerk were also present. Mr. Warren asked during the Moment of Silence, followed by 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. Consent Agenda Motion was made by Mr. Barber, seconded by Mr. Hagerman, to approve the Consent Agenda, which was unanimously approved by the Board. (a) Minutes: July 18, 2017 (b) Bill List — July 2017 (Online) (c) Contract Amendment — West Safety Services, Inc. (d) Approval of Community Center Policy & Agreement (e) Permission for Use of Parking Lot — Chatham Rescue Squad Hearing of the Citizens No one signed up to speak. Public Hearings Rezoning Cases Rezoning Cases: Case 1: ASK & C, LTD — Banister Election District R-17-024 RC -1, Residential Combined Subdivision District to A-1, Agricultural District Mr. Warren opened the public hearing at 7:04pm. Mr. Greg Sides explained that ASK & C, LTD, had petitioned to rezone 0.30 acre, located on State Road 686/Zion Road in the Banister Election District from RC -1, Residential Combined 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 P38 Board of Supervisors Business Meeting August 15, 2019 use. The Planning Commission, with no opposition, recommended granting the petitioner's request. Kenneth Plybon was there to represent the petition. No one signed up to speak and Mr. Warren closed the hearing at 7:05pm. Motion was made by Mr. Barksdale, seconded by Mr. Davis, to approve rezoning Case R-17-024 from RC -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. Barksdale's motion to rezone Case R-17-024 from RC -1 to A-1 was unanimously approved by the Board. Case 2: John L. Roberson & Laura J. Roberson — Tunstall Election District R-17-02 RC -1, Residential Combined Subdivision District to R-1, Residential Suburban Subdivision District Mr. Warren opened the public hearing at 7:07pm. Mr. Greg Sides explained that John and Laura Roberson had petitioned to rezone 0.09 acre, located on State Road 952/Blackbird Place in the Tunstall Election District from RC -1, Residential Combined Subdivision District to R-1, Residential Suburban Subdivision District. Once the property is rezoned to R-1, all uses listed under Section 35-222 are a permitted use. The Planning Commission, with no opposition, recommended granting the petitioners' request. John Roberson was there to represent the petition. No one signed up to speak and Mr. Warren closed the hearing at 7:09pm. Motion was made by Mr. Barber, seconded by Mr. Hagerman, to approve rezoning Case R-17-025 from RC- 1 to R-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. Barber's motion to rezone Case R-17-025 from RC -1 to R-1 was unanimously approved by the Board. Case 3: Willie B. Guill, Jr., & Tricia P. Guill — Staunton River Election District R-17-026 R-1, Residential Suburban Subdivision District to B-2, Business District, General Mr. Warren opened the public hearing at 7:10pm. Mr. Greg Sides explained that Willie and Tricia Guill had petitioned to rezone 1.68 acres from R-1, Residential Suburban Subdivision District to B-2, Business District, General. The parcel is located on State Road 641/Delta Drive in the Staunton River Election District. Once the property is rezoned to B-2, all uses listed under Section 35-365 are a permitted use. The Planning Commission, with no opposition, recommended granting the petitioners' request. Willie Guill, Jr., and Dakota Dillard were there to represent the petition. No one signed up to speak and Mr. Warren closed the hearing at 7:11pm. Motion was made by Mr. Blackstock, seconded by Mr. Barksdale, to approve rezoning Case R-17-026 from R-1 to B-2 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-17-026 from R-1 to B-2 was unanimously approved by the Board. Case 4: Lucy Dillard — Dan River Election District R-17-027 R-1, Residential Suburban Subdivision District to A-1, Agricultural District Mr. Warren opened the public hearing at 7:13pm. Mr. Greg Sides explained that Lucy Dillard had petitioned to rezone a total of 24.00 acres, two (2) parcels of land from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. The parcels are located on State Road 713/Oak Grove Road in the Dan River Election District. Once the properties are rezoned to A-1, all uses listed under Section 35-178 are a permitted use. The Planning P39 Board of Supervisors Business Meeting August 15, 2017 Commission, with no opposition, recommended granting the petitioner's request. Sheila Davidson and Kimberly Wiles were there to represent the petition. No one signed up to speak and Mr. Warren closed the hearing at 7:14pm. Motion was made by Mr. Davis, seconded by Mr. Barksdale, to approve rezoning Case R-17-027 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. Davis' motion to rezone Case R-17-027 from R-1 to A-1 was unanimously approved by the Board. This concluded the Rezoning Cases. Public Hearings Public Hearing to receive citizen input on a proposed amendment to Section 35-179; Special Use Permits that would add the following: temporary uses —rodeos. Mr. Sides explained the proposed amendment would include "rodeos" under Temporary Uses (not more than four (4) weeks duration) under Section 35-179; Special Use Permits of the Pittsylvania County Code. Mr. Warren opened the public hearing at 7:16pm. No one signed up to speak and Mr. Warren closed the hearing at 7:16pm. Motion was made by Mr. Davis, seconded by Mr. Barber, to approve the proposed amendment to Section 35-179; Special Use Permit, to include rodeos, 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. Davis' motion was unanimously approved by the Board. Public Hearing to receive citizen input on the disposal of the following two (2) parcels of publicly owned property via public auction as follows: (1) Lot #1: 2.1 acres located on SR 792/Millstream Drive, Gretna, Virginia; GPIN #2530-38-8407, and (2) Lot #2: 3.04 acres located on SR 792/Millstream Drive, Gretna, Virginia; GPIN #2530-48-0335. Mr. Smitherman explained staff had received two (2) letters of interest in purchasing the old Northside High School football field owned by the County, with parcel identification as follows: GPIN #2530-38-8407 (2.1 acres with a $21,000.00 market value); and GPIN #2530-48- 0335 (3.04 acres a $30,400.00 market value). Combined, the property's market value is $51,400.00. Mr. Smitherman stated the public hearing had been duly advertised, and once the hearing was held, it was up to the Board to determine how it wished to dispose of the property. As required by Virginia Code §15.2-1800(B), the Board must hold a public hearing for citizen input before disposing of publicly owned property. Mr. Warren opened the public hearing at 7:18pm.No one signed up to speak, and Mr. Warren closed the hearing at 7:18pm.. Motion was made by Mr. Blackstock, seconded by Mr. Barber, to approve disposing of the property, and to have staff place the property as described in the public hearing on GovDeals.com for auction, with a reserve of $51,000.00. 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, pursuant to Virginia Code §15.2-2507 to hear citizen input on proposed amendments to the county budget for fiscal year 2018 Ms. Van Der Hyde explained the Code of Virginia states in Section 15.2-2507 that "Any locality may amend its budget to adjust the aggregate amount to be appropriated during the current fiscal year as shown in the currently adopted budget as prescribed by section 15.2-2504. P40 Board of Supervisors Business Meeting August 15, 2017 However, any such amendment which exceeds one percent of the total expenditures shown in the currently adopted budget must be accomplished by publishing a notice of a meeting and a public hearing once in a newspaper having general circulation in that locality at least seven days prior to the meeting date." Ms. Van Der Hyde stated the amendment consists of an appropriate a total of $3,511,614.26 to the FY 2018 budget, which includes a total of $860,374.88 for County budget amendments and carryovers and a total of $2,651,239.38 for School carryovers. An advertisement of this amendment appeared in the Star Tribune on August 2, 2017, which satisfies the 7 -day requirement. Mr. Warren opened the public hearing at 7:19pm. No one signed up to speak and Mr. Warren closed the hearing at 7:19pm. Motion was made by Mr. Blackstock, seconded by Mr. Davis, to approve and appropriate a total of $3,511,614.26 to the FY 2018 budget, which includes a total of $860,374.88 for County budget amendments and carryovers and a total of $2,651,239.38 for School carryovers. 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. The concluded the Public Hearings. News Business Ms. Van Der Hyde explained Pittsylvania County allows retirees to remain on the County's group health plan and retirees pay 100% of insurance premiums. Currently, the County has 14 retirees insured. Pittsylvania County Schools requires that all Medicare eligible retirees be removed from the plan. The County has always allowed all retirees, regardless of age, to remain on the plan. We are seeing that new Pittsylvania County retirees are now seeking supplemental coverages elsewhere due to high costs of group health insurance premiums. The County is providing resources, to include seminars to retirees in an effort to identify other supplemental insurance options with Medicare that are less expensive than the group plan. Additionally, being self-insured, Pittsylvania County should coordinate benefit eligibility with the Pittsylvania County School Board as their retirees automatically roll -off the group health plan once Medicare eligible. The roll -off will mirror Pittsylvania County School Board's policy for Medicare eligible retirees. Current Pittsylvania County retirees over age 65 will be grandfathered in. Motion was made by Mr. Blackstock, seconded by Mr. Barksdale, to approve the request to grandfather in current retirees over age 65 under the county group health insurance plan and approve the request that effective October 1, 2017 all current retirees under age 65 enrolled in the group health plan will be removed when they become Medicare eligible. 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. Ms. Jordan explained Pittsylvania County added a high deductible health plan in FY 2017 as a cost-effective health insurance option for employees. The Board of Supervisors graciously voted to contribute a one-time only contribution of $500.00 to employees who opted to migrate to this plan. Staff would like to continue to offer this $500.00 incentive for the coming plan year for new participants along with existing HSA members. The County currently has a total of 15 employees on the plan. The cost to contribute to these employees would be $7,500.00 total. Staff hopes that more County employees are enticed to join this plan. By going to this plan, employees save the County anywhere from $255.72 to $435.00 annually, just in premium dollars. It is important to incentivize employee to migrate to the high deductible plan because the employee is more responsible in making health care related decisions resulting in less claims for P41 Board of Supervisors Business Meeting August 15, 2017 the County. Lees claims for the County translates to lower premium increases. Therefore, the more employees on the HSA plan, the better our premiums will be in the future. These funds are already budgeted in the FY 2018 budget. Motion was made by Mr. Barksdale, seconded by Mr. Davis, approving continuing the contribution of $500 to existing HSA members as well as employees choosing the high deductible health plan that becomes effective October 1, 2017, which would also include new employees who elect this coverage upon employment. 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. Ms. Boswell explained she had been asked by the Pittsylvania County Community Policy and Management Team (CPMT) to propose that the attendance policy be amended to read "CPMT members or alternates shall attend 75% of regularly scheduled meeting unless mitigating circumstances are approved by the Pittsylvania County Board of Supervisors. Alternates shall not attend more than 25% of regularly scheduled meetings." Motion was made by Mr. Scearce, seconded by Mr. Barber, which was unanimously approved by the Board. Ms. Van Der Hyde explained each year departmental/fund budgets are reviewed to determine if sufficient budget amounts exist to cover expenses until year-end. Most of these items are bookkeeping entries required by the County's auditors. After carefully reviewing the financial status of County Departments for fiscal year 2016-2017, several items need to be transferred and/or appropriated to either eliminate bottom line deficits in these departments. The departments affected are: Library, Reassessment, Electoral Board, Veterinary Fund and State Restricted Seizure Fund. Motion was made by Mr. Barber, seconded by Mr. Hagerman, to appropriate a total of $342,103.21 and approve transfers of $98,895.81, noting these will be adjusted in the FY2017 budget. 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. Mr. Rowe explained in 2011, in an effort to expand manufacturing operations in the County, the County's Industrial Development Authority (IDA) committed to making improvements of a shell building located within the Ringgold East Industrial Park at 2275 Cane Creek Parkway. These improvements were financed through a third -party lender (BB&T), and which was ultimately leased to Axxor, N.A., L.L.C. The Board of Supervisors at that time, in expression of its support for the project, entered into and approved a Moral Obligation Agreement with the lender for the project. The 2011 loan financing is set to expire at the end of September 2017, and in an effort to continue assisting the Company, the IDA has received a refinancing commitment of up to $1.6M from American National. The term is for a 3 -year period (36 months) and the commercial rate is competitive (staff called and received rates from 4 different lenders). The IDA through consensus unanimously requested that County Staff present the Moral Obligation Agreement to the Board for their consideration and approval. In 2011, the IDA/Board made and financed the necessary up -fits to its shell building to attract Axxor, N.A., L.L.C. (a manufacturer of honeycomb products) to the County. The financed improvement(s) payments were transferred to the Company in a balloon payment schedule. Axxor, N.A., L.L.C. has never missed its monthly payment and has had to adjust its business plans from being heavily reliant on furniture manufacturing to automobile applications. The Company is now revenue positive and is considering a second manufacturing line. The company just recently celebrated its 50' year of conducting business in the County. P42 Board of Supervisors Business Meeting August 15, 2017 The existing finance runs out the end of September 2017, and the remaining outstanding loan amount (of roughly $2.5M) is down to $1.6M. Requiring the Company to pay this balloon payment at this time would be detrimental to the Company and its operations in the County (along with its 19 employees); however, with its newer automotive related contracts, County Staff expects the Company to pay-off the refinancing (if approved by the Board) before the end of the 3 -year term. As part of the refinancing process, the Board is required to enter into a Moral Obligation Agreement with the new lender (American National Bank) to guarantee the payment of the financing. A Moral Obligation from the Board essentially means that should the Company default on its payments, that the Board would be obligated to pay the lender the outstanding loan amount (either through its general fund balance or through the raising of taxes for the sole purpose of paying the outstanding loan). The County has secured collateral in the existing building that houses the Company. The assessed value of the building is over $3M. The Moral Obligation Agreement has been reviewed and approved to form by the County's Attorney, and Staff respectfully requests that the Board consider approving and entering into a Moral Obligation Agreement with American National Bank to continue its assistance of Axxor, N.A., L.L.C. as it celebrates its 5a' year of operations in Pittsylvania County Motion was made by Mr. Blackstock, seconded by Mr. Davis, to approve and enter into a Moral Obligation Agreement with American National Bank to continue its assistance of Axxor, N.A., L.L.C. 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. MORAL OBLIGATION AGREEMENT OF PITTSYLVANIA COUNTY, VIRGINIA THIS MORAL OBLIGATION AGREEMENT, made as of the day of 2017, by and between PITTSYLVANIA COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the " County"), and AMERICAN NATIONAL BANK AND TRUST COMPANY, a national banking association (" American National"), to -wit: BACKGROUND A. The Industrial Development Authority of Pittsylvania County, Virginia (the Authority"), was created under the Industrial Development and Revenue Bond Act Q 15. 2- 4900 et se .) of the Code of Virginia to promote development, industry and trade. B. In an effort to expand manufacturing operations in the County, thereby promoting industrial development and the economy of the County, in 2011 the Authority committed to making improvements to a shell building located within Ringgold East Industrial Park at 2275 Cane Creek Parkway, which improvements were financed through a third -party lender, and which was ultimately leased to Axxor, N.A., LLC (the " Project"). The governing body of the County, in expression of its support of the Project and expansion of manufacturing in the County, entered into a Moral Obligation Agreement with the lender which provided financing for the Project. C. The existing 2011 loan associated with the Project is set to mature and the Authority has an opportunity to refinance that loan with American National. The Authority has obtained a commitment from American National to finance up to One Million Six Hundred Thousand and 00/ 100 Dollars 1, 600,000.00) plus closing costs (collectively, the " Loan"), and, as part of that financing commitment, American National requires the moral obligation of the County to repay the Loan in the event that the Authority fails to do so. P43 Board of Supervisors Business Meeting August 15, 2017 NOW, THEREFORE, for and in consideration of the foregoing promises and the mutual benefit to be derived therefrom and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. In the event the Authority fails to repay the indebtedness associated with the Loan, in the principal amount not to exceed One Million Six Hundred Thousand and 00/ 100 Dollars ($ 1, 600,000.00), plus closing costs, provided by American National, in accordance with the terms of its repayment stated therein, or the Authority is otherwise in default under the Loan, the County hereby acknowledges that, to the extent permitted by law, it has a moral obligation to pay American National such Loan amounts otherwise due from and payable by the Authority. In the event of nonpayment by the Authority, American National, by its duly authorized representative, shall submit an appropriation request to the County in the amount sufficient to make current payments on the Loan then due American National by the Authority and other amounts, if any, in order to protect and maintain the Authority' s ownership interest in the Project (collectively, the " Deficiency Amount"). Subject to the making of an appropriation pursuant to the provisions of this Paragraph 1, the County shall pay American National the amount of such appropriation as soon as practicable. 2. American National shall apply any funds so appropriated and paid to it by the County pursuant to this Agreement toward the Authority's obligations under the Loan provided to it by American National. 3. Until such time that there is no longer a Deficiency Amount, the Administrator of the County (the " County Administrator") shall include any Deficiency Amount due American National with respect to the Loan in his budget submitted to the Board of Supervisors for the following fiscal year as an amount to be appropriated to or in respect of the Project. The County Administrator shall deliver to American National, within fifteen (15) days after the adoption of the County' s budget for each fiscal year in which a Deficiency Amount was requested as provided herein, but not later than July 15 of each year, a letter, on letterhead of the County Administrator' s Office, stating whether the Board of Supervisors has appropriated for payment to American National an amount equal to the Deficiency Amount. 4. If at any time American National believes there is a Deficiency Amount or that amounts appropriated by Board of Supervisors are insufficient to fulfill the Authority' s Loan obligations, American National shall notify the County Administrator of the Deficiency Amount or such insufficiency and the County Administrator shall request a supplemental appropriation from the Board of Supervisors in the amount necessary to make such payment. 5. The County Administrator shall present each request for appropriation pursuant to Paragraph 4 above to the Board of Supervisors and the Board of Supervisors shall consider such request at the Board of Supervisor' s next regularly scheduled meeting at which it is possible to satisfy any applicable notification and all other legal requirements. Not later than five (5) business days after such meeting, the County Administrator shall notify American National as to whether the amount so requested was appropriated. If the Board of Supervisors shall fail to make any such appropriation, the County Administrator shall add the amount of such requested appropriation to the amount to be requested in the next fiscal year. 6. The Board of Supervisors hereby undertakes a non-binding obligation to appropriate such amounts as may be requested from time to time pursuant to Paragraphs 3, 4 and 5 above, to the fullest degree and in such manner as is consistent with the Constitution and laws of the P44 Board of Supervisors Business Meeting August 15, 2017 Commonwealth of Virginia. The Board of Supervisors, while recognizing that it is not empowered to make any binding commitment to make such appropriations in future fiscal years, hereby states its intent to make such appropriations, as may be necessary, consistent with this Agreement. 7. Nothing herein contained is or shall be deemed to be a lending of the credit of the County to American National, the Authority, the Project or to any other person or entity (unless specifically set forth otherwise), and nothing herein contained is or shall be deemed to be a pledge of the faith and credit or the taxing power of the County, nor shall anything herein contained legally bind or obligate the Board of Supervisors to appropriate funds for the purposes described herein. 8. Any notices or requests required to be given hereunder shall be deemed given if hand - delivered or sent by registered or certified mail, postage prepaid, addressed as follows: If to the County: Pittsylvania County, Virginia 1 Center Street P. O. Box 426 Chatham, VA 24531 Attention: County Administrator With a copy to: The County Attorney 1 Center Street P.O. Box 426 Chatham, VA 24531 If to American National: American National Bank and Trust Company 628 Main Street P. O. Box 191 Danville, VA 24543 Attention: President 9. If any clause, provision, or paragraph of this Agreement shall be held illegal or invalid by a court, the illegality or invalidity of such clause, provision, or paragraph shall not affect any of the remaining clauses, provisions, or paragraphs hereof, and this Agreement shall be construed and enforced as if such illegal or invalid clause, provision, or paragraph had not been contained herein. In case any question should arise as to whether any provision contained herein shall be in violation of law, then such provision shall be construed to be the agreement of the parties hereto to the full extent permitted by law. 10. This Moral Obligation Agreement supersedes all prior understandings and agreements of the parties with respect to the subject matter hereof and contains the entire agreement and understanding of the parties in connection with the transactions contemplated hereby. IN WITNESS WHEREOF, Pittsylvania County, Virginia has caused its name to be subscribed hereunto by its of the Board of Supervisors, as authorized and directed by the Board of Supervisors, and American National has caused its name to be subscribed hereunto by Ted R. Laws, its duly authorized representative, all as of the date first written above. PITTSYLVANIA COUNTY, VIRGINIA By: _ Name: Title: AMERICAN NATIONAL BANK AND TRUST COMPANY By: Name: Ted R. Laws Title: Danville Region Market President APPROVED AS TO FORM: J. VADEN HUNT, ESQ. ATTORNEY, PITTSVLVANIA COUNTY Mr. Smitherman explained the County has received a request from the Northside High School Museum to obtain property owned by the County; GPIN #2530-38-6169. On this property is the Northside High School Monument Marker, on which a previous Board of Supervisors had allowed the Northside High School Alumni to erect on the property. The property in question is a 0.064 acre plot the Board of Supervisors specifically sectioned off for P45 board of supmisons Business Meeting August 15, 2017 the purpose of allowing the Alumni to erect the monument (noted in motion, second, and unanimous approval of the 2005 Board of Supervisors at their 12-20-2005 Adjourned Meeting) when the County sold GPIN #2530-39-4367 to Riverside Plumbing in 2005. The Alumni unveiled the completed marker September 1, 2006. As required by Virginia Code § 15.2-1800(B), the County must advertise and hold a public hearing to dispose of any publicly owned property. Motion was made by Mr. Barksdale, seconded by Mr. Barber, to direct staff to duly advertise a public hearing for the disposal of the property identified as GPIN #2530-38-6169, which was unanimously approved by the Board. Mr. Smitherman explained The New Prospect Baptist Church has submitted two (2) Applications for Real Estate Exemption by Designation to the Commissioner of the Revenue's Office for consideration by the Board. The first application is for GPIN #2555-07-2398 on which sits a house currently located on the parcel that is used for a clothes closet and for youth activities, as well as for parking of the church bus and church car. Assessed value of this parcel is $56,100, with a $390.99 tax levy. The second application is for GPIN #2555-07-2288 on which sits a house currently being occupied by an elderly couple rent free. In a letter from the Commissioner of Revenue's Office, it was noted that if any of the property used does not fit the "exclusive use" of the church, their office can assess part of the property while applying the exemption to the qualified portion. Assessed value of this parcel is $47,000, with a $277.30 tax levy. As per Pittsylvania County Code §6.6-3, a public hearing is required before action of any kind can be taken regarding the applications. Mr. Blackstock stated that as a member of The New Prospect Baptist Church, he would be abstaining from participating in any discussion/action of this matter now and in the future. Motion was made by Mr. Barber, seconded by Mr. Hagerman, directing staff to advertise the required public hearing, which was approved by a 6 vote majority, with Mr. Blackstock abstaining. The Fire & Rescue Policies &Procedures Committee met at 3:30pm on Tuesday, August 15, 2017. Two items were discussed at their meeting: (1) Regional One Contract Extension; and (2) Fire & Rescue Study Implementation. Item 1: The Committee explained Regional One was contracted 10 years ago to provide back-up response service to the County's Volunteer Rescue Departments. They currently provide two ambulances for $98,000 annually. The contract expires September 1, 2017. The agreement is designed to have ambulances stationed to respond when volunteers are unavailable; however, since May 2017, at the County's request, Regional One has staged an ambulance in Hurt to be primary response in the area formerly served by Altavista Rescue Squad. This change has greatly strained back-up availability in the remainder of the county. With this decreased availability, volunteer agencies have suffered in meeting demands for EMS response. The Fire & Rescue Association recommended the addition of a third Regional One ambulance to address this deficiency. Regional One has provided two options. Option 1: Extend existing contract for two (2) ambulances at $32,666.66 plus an additional $62,000.00 to provide a 3`a ambulance from September 1 until December 31, 2017; Option 2: Provide an additional year contract from September 1, 2017 to August 31, 2018 for $350,000.00. Option 2 would provide the three (3) ambulances as requested by the Fire & Rescue Association and a QRV (Quick Response Vehicle) housed in the Chatham area with an Advanced Life -Support person to respond direct to the scene. Funding for this expanded service is available from Fire and Rescue budget roll-over funds ($116,425.18). Motion came from the Finance Committee to choose Option 2: to extend the contract with Regional One for 12 months at $350,000 and authorize the County Administrator to sign the amendment. The following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; P46 Board of Supervisors Business Meeting August 15, 2017 Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes. The Fire & Rescue Policies & Procedures Committee motion was unanimously approved by the Board. Item 2: The appointed Fire and Rescue Study Sub -Committee has provided its final recommendations to the Fire & Rescue Policies & Procedures Committee with the following 5 major goals 1. Improve organization and operation of Fire & EMS services 2. Improve interdepartmental communications 3. Coordinate training 4. Improve administration and purchasing 5. Standardize service delivery and staffing One of the top priorities of goal number one was to hire a Public Safety Director, or other similar position, to be charged with overseeing the County's Fire/EMS and Fire Marshall's office. The Public Safety Coordinator will also coordinate programing and services with volunteer Fire & Rescue services. Staff has reviewed these requests and agrees that the top priority is having a dedicated staff member to recommend, coordinate and lead the transformation of the County's Fire and Rescue Services. With the assistance of Emergency Mgt. Director Jim Davis, HR Director Liz Jordan has developed a job description for the suggested position. It was staff's recommendation that the attached be adopted and added to the County's pay system at Grade 23. Funding for said position is available from anticipated unused Fire and Rescue budget appropriation. Motion came from the Finance Committee to create the position of Public Safety Coordinator and authorize use of the existing and unobligated capital funds in the Fire & Rescue FY17/18 Budget. 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. The Fire & Rescue Policies & Procedures Committee motion was unanimously approved by the Board. Board Announcements Mr. Blackstock asked everyone to keep the family of retired State Trooper Charlie Gunter in their thoughts and prayers, who recently passed. Mr. Sceare wanted to publicly thank members of the Mt. Cross and Tunstall Volunteer Fire & Rescue Departments for the excellent response and care given during his daughter's recent automobile accident. Mr. Hagerman invited to the Climax Sorghum Festival on Saturday, September 16, 2017. Mr. Warren congratulated Dr. Betty Jo Foster on her hiring as the Interim Director for the Danville-Pittsylvania Chamber of Commerce. Mr. Warren also congratulated the Pittsylvania County Schools on full accreditation in all 18 schools within its system; and further congratulated Chatham Elementary and Union Hall Elementary Schools in receiving the 2017 Board of Education Excellence Award. Mr. Warren also congratulated Robert Mills, Jr. for selection as the Virginia winner of the 2017 Swisher Sweets/Sunbelt Expo Southeastern Farmer of the Year Award. The Board thanked the Fire and Rescue Study Sub -Committee for their work. Lastly, the Board asked everyone to send their prayers to Charlottesville after the tragedy during the recent protests there. Adiournment Mr. Warren adjourned the meeting at 7:54pm. P47 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Regional One, Inc. Contract Amendment SUBJECT/PROPOSAL/REOUEST: Amendment of Contract STAFF CONTACT(S): James E. Davis SUMMARY: AGENDA DATE: 09-19-2017 ACTION: R1 CONSENT AGENDA: n ROLL CALL VOTE: ATTACHMENTS: Contract Amendment REVIEWED BY: G� ITEM NUMBER: 6(c) INFORMATION: ❑ In order to better address EMS coverage in the County, The Board of Supervisors voted at their August 15, 2017 meeting to amend the contract with Regional One, Inc for a period of one year, commencing September 1, 2017 to August 31, 2018. As per the amendment agreement, Regional One agrees to provide one (1) Advanced Life Support ("ALS") transport in the original Altavista EMS coverage area and two (2) transports with a minimum of Basic Life Support ("BLS") transports centrally located in the County to respond to calls as needed by the County. Additionally, Regional One agrees to provide a Quick Response Vehicle ("QRV") with an ALS provider on board to assist anywhere in the County as needed. FINANCIAL IMPACT AND FUNDING SOURCE: The County will pay $150,000.09 to ROEMS, INC : 11 monthly subsequent payments in the amount of $18,181.81. Total subsidized amount: $350,000.00. Funding comes out of the Fire & EMS FY17/18 budget in the amount of $313,636.38 and FY 18/19 budget in the amount of $36,363.62. RECOMMENDATION: Staff recommends the BOS to authorize County Administrator to sign the Contract Amendment. MOTION: Motion to approve County Administrator's execution of the Regional One Contract Amendment as presented. P48 AMENDMENT TO AMBULANCE SERVICES AGREEMENT For valuable consideration, receipt of which is hereby acknowledged and confirmed, Regional One, Inc., d/b/a Regional EMS and Van's Med-Tee Transport and Services ("Regional One") and Pittsylvania County, Virginia, a political subdivision of the Commonwealth of Virginia (the "County"), parties to the Ambulance Services Agreement (the "Original Agreement"), attached hereto as Exhibit "A" and made a part fully hereof, agree to modify and amend said Original Agreement via this Amendment to Ambulance Services Agreement (the "Amendment") in the following ways: (1) Article 3.2 shall be amended to increase the annual subsidy from the County to Regional One from $98,000 to $350,000; $150,000.09 shall be paid by the County to Regional One upon Amendment execution; and the remaining $200,000 annual subsidy shall be paid in eleven (11) equal monthly installment of $18,181.81. (2) Regional One agrees to provide one (1) Advanced Life Support ("ALS") transport in the original Altavista EMS coverage area and two (2) transports with a minimum of Basic Life Support (`BLS") transports centrally located in the County to respond to calls as needed by the County. Additionally, Regional One agrees to provide a Quick Response Vehicle ("QRV") with an ALS provider on board to assist anywhere in the County as needed. All other terms, conditions, and covenants of the Original Agreement shall remain in full legal force and effect. IN WITNESS WHEREOF, the parties have signed this Amendment to Ambulance Services Agreement effective as of the first date written below: [THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK] P49 REGIONAL ONE, INC., D/B/A REGIONAL EMS AND VAN'S MED -TEE TRANSPORT AND SERVICES M Title: EXECUTIVE DIRECTOR Date: COMMONWEALTH OF VIRGINIA COUNTY OF PITTSYLVANIA The foregoing instrument was acknowledged before me this day of 2017, by , in his capacity as Executive Director of Regional One, Inc. Notary Public My commission expires: PITTSYLVANIA COUNTY, VIRGINIA 0 Title: COUNTY ADMINISTRATOR Date: COMMONWEALTH OF VIRGINIA COUNTY OF PITTSYLVANIA The foregoing instrument was acknowledged before me this day of , 2017, by David M. Smitherman, in his capacity as County Administrator of Pittsylvania County, Virginia. My commission expires: APPROVED AS TO FORM: J. VADEN HUNT, ESQ. PITTSYLVANIA COUNTY ATTORNEY P50 Notary Public Ambulance Services Agreement This -Ambulance Services Agreement ("Agreement") is made as of the /V day of September 2008 by and between Pittsylvania County, Virginia, apolitical subdivision of the Commonwealth of Virginia ("Pittsylvania County'), and Regional One, Inc., a Virginia corporation, d/b/a Regional One EMS and Van's Med- Tec Transport and Services ("Regional One"). WITNESSETH WHEREAS the Pittsylvania County Board of Supervisors issued a Request for Proposal (1106-03-02) dated March 17, 2006 ("RFP') seeking proposals for. 1) emergency ambulance services to back up the existing Pinsylvania County rescue squads when they are not available; and 2) non -emergency ambulance services, for the citizens of Pittsylvania County, as more fully set out in the RFP; and WHEREAS Regional One is licensed by the Commonwealth of Virginia as an Advanced Life Support EMS Agency and operates a business that provides emergency medical treatment and emergency and non -emergency transportation services throughout the Commonwealth of Virginia; and WHEREAS Regional One submitted a timely proposal in response to the RFP and / subsequently presented its proposal to Pittsylvania. County; and WHEREAS the Pittsylvania County Board of Supervisors selected Regional One as the vendor to provide the services requested in the RFP. NOW THEREFORE for and in consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Article 1. Responsibilities of Re»onal One 1.1 Provision of Services. Regional One shall provide for the citizens and residents of Pittsylvania County: 1) emergency ambulance services to back up the existing Pittsylvania County rescue squads when they are not available; and 2) non- emergency ambulance services, twenty-four (24) hours per day, seven (7) days per week, beginning on the Effective Date as defined below, pursuant to the terms set out herein. A. Equipment. Regional One shall maintain the following equipment during the term of this Agreement: P51 i. Two (2) Advance Life Support ambulances equipped as required by the Virginia Emergency Medical Services regulations, one (1) of which shall be based within Pittsylvania County. ii. A single -party telephone service for the receipt and dispatch of ambulance services for use by the citizens of Pittsylvania County. iii. A two-way radio communications system capable of maintaining radio contact between Pittsylvania County's 911 Center and Regional One's office(s) and each of its assigned ambulances on a designated VHF frequency licensed to Pittsylvania County by the Federal Communications Commission. B. Personnel. Regional One shall provide only qualified and trained personnel to perform services on its behalf under this Agreement, and at a minimum, shall . assign►ane (1) Emergency Medical Technician (Basic EMT -B) and one (1) Emergency Medical Technician (Intermediate) (EMT -1) or ParameMtto each ambulance designated for use hereunder. C. Response Times. Regional One shall be present at the scene as directed by dispatch and shall log on to the scene with dispatch within an average of twenty (20 minutes of receiving the initial dispatch call for emergency ambulance services from Pittsylvania County. 1.2 Compliance with Regulations. Regional One shall comply with all local, state and federal regulations applicable to the services it provides under this Agreement. 1.3 Insurance. Regional One shall keep in force during the term of this Agreement general liability insurance against any and all claims for bodily injury and property damage arising out of the performance of this Agreement. Such insurance shall have a combined single limit of not less than $1,000,000.00 per occurrence, including a $500,000.00 limit for bodily injuries per occurrence and a $100,000.00 limit for property damage per occurrence. Article 2. Responsibilities of Pittsylvania County 2.1 Referral of Ambulance Services Calls to Regional One. Pittsylvania County hereby designates Regional One as the provider of ambulance services within Pittsylvania County as follows: A. Emergency Ambulance Services. During the term of this Agreement, Pittsylvania County shall request Regional One to answer all calls received for emergency ambulance services when the existing Pittsylvania County rescue squads are not available to timely read to such calls. Pittsylvania County shall attempt to first d's tc all existing emergency ambulance service providers, and shall dispatch Regional One only if and when no such other 2 P52 providers are available to answer the call. Pittsylvania County shall dispatch Regional One utilizing a VHF frequency licensed to Pittsylvania County by the Federal Communications Commission. For purposes of this Agreement, the existing Pittsylvania County Rescue Squads shall be deemed to be not available to timely respond to calls for emergency ambulance services when, after a period of six minutes made by dispatch to the volunteer agency having primary responsibility or to its mutual aid agency and there has been no response received by dispatch from the volunteer agency having primary responsibility or its mutual aid agency. B. Non -Emergency Ambulance Services. All calls for non -emergency ambulance services received by Pittsylvania County shall be promptly referred to Regional One. C. Definition. For purposes of this Agreement, the term "emergency ambulance services" is deemed to mean the emergency transportation to a medical facility of persons in need of immediate medical attention. The term "non -emergency ambulance services" is deemed to mean the transportation of persons not in need of immediate medical attention D. Duty of County. The duties of Pittsylvania County, pursuant to this Agreement, acting by and through its E911 Dispatch Center shall be to make reasonable judgments based upon information provided by third parties as to whether or not a particular call is deemed to be a call for emergency ambulance services or a call for non -emergency ambulance services. The parties hereto agree that the County nor any of its agents or employees, shall have any liability to Regional One based upon simple negligence in the determination of whether or not a particular call is determined to be a call for emergency ambulance services or a call for non -emergency ambulance services. The parties hereto further agree that no negligent determination as to whether or not a particular call is for emergency ambulance services or for non -emergency ambulance services shall be deemed to be a breach of the terms and conditions of this Agreement, or default in the performance of the Agreement. 2.2 Provision of Information. During the term of this Agreement, Pittsylvania County shall timely provide Regional One with such information and documentation as may be reasonably necessary for Regional One to perform its duties hereunder, including adequate information pertaining to the nature of any calls for emergency assistance, and the identity, characteristics, location and condition of the person(s) in need of emergency assistance. P53 Article 3. Compensation 3.1 Compensation. Regional One shall be solely responsible for billing and • collecting from third parties the fees it charges for its services, which fees are attached hereto on Appendix A. 3.2 Pittsylvania County agrees to pay a subsidy to Regional One, Inc in the amount of $70,000 per contract year. This money will be used to cover, non - covered medical and EMS support services provided by Regional One. Payment for this subsidy can be setup in Monthly, Quarterly, or Yearly payment. 3.3 Pittsylvania County further agrees to assist Regional One in its efforts to timely obtain any permitting or zoning allowances that may be necessary for the establishment by Regional One of a base of operation within Pittsylvania County as required under Article 1.1(Axi) hereof. The parties agree that the foregoing does not constitute a commitment of any form of zoning approval. All parties acknowledge that any ultimate decision on any zoning matter must be made by the appropriate authorities, based upon sound and established zoning principles. Article 4. Term and Termination 4.1 Effective Date. The date of this agreement shall be the Effective Date. 4.2 Term. The initial term of this Agreement is one (1) year, beginning on the Effective Date, and shall automatically renew for successive one (1) year terms, unless notice is given by one party to the other within sixty (60) days prior to the end of the current term of its intention not to renew the Agreement. 4.3 Early Termination Rights. A. Immediate Termination. Either party may terminate this Agreement if the other party breaches any term, condition or provision of this Agreement and fails to correct, remedy or remove the breach within thirty (30) days after it receives written notice issued by the other party of the breach and that party's intention to terminate. Pittsylvania County may terminate this Agreement upon Regional One becoming insolvent or making an assignment for the benefit of its creditors or liquidating or having a receiver appointed with respect to its assets, and such insolvency is not remedied or such receivership is not vacated within thirty (30) days after it receives written notice issued by the other party. Any immediate termination under the above provision shall be effective upon the delivery of written notice thereof to the other party in compliance with this Agreement. P54 B. Other Termination Rights. With respect to any breach of this Agreement other than one giving rise to immediate termination as set forth above, the non - breaching party may terminate this Agreement thirty (30) days following the delivery of written notice to the other party describing the act or omission constituting the breach and the intent to terminate if the other party fails to cure said breach within the thirty (30) day period. Upon the early termination of this Agreement as allowed above, all rights and obligations of the parties hereunder shall cease. Article 5. Documentation 5.1 Record -Keeping. During the tern of this Agreement, Regional One shall maintain such records related to the services it provides hereunder as are required to be kept by it under the regulations applicable to it as an Advanced Life Support EMS Agency licensed by the Commonwealth of Virginia, and shall reasonably make all such records available to the County Administrator upon request as allowed by law and Regional One's privacy practices. 5.2 Confidentiality. Each party shall use its best efforts to preserve the confidentiality of all nonpublic financial information, manuals, protocols, marketing, and strategic information, client lists, patient lists, other information regarding the operations of each party, and all patient records and other protected health information ("Confidential Information"). Neither party shall disclose to third parties any of the other party's Confidential Information without prior written consent of the other party. Each party shall comply with applicable state and federal laws and regulations with respect to all Confidential Information. 5.3 Patient/Client Records and Other Documents. All books, reports, patient records and other documents prepared by or on behalf of Regional One in connection with the services provided under this Agreement shall be the property of Regional One, and the originals of such records shall be maintained at the offices of Regional One. The parties acknowledge that all information and records obtained in the course of Regional One providing services hereunder are subject to confidentiality and disclosure provisions of applicable state and federal laws and regulations. 5.4 Access to Records by Third Parties. The parties acknowledge that Regional One is required to make available to the Secretary of the U.S. Department of Health and Human Services (HHS), the U.S. Comptroller General, or their duly authorized representatives, this Agreement, any subcontracts, and such books, documents, and records that are necessary to certify the nature and extent of costs for services pursuant to 42 U.S.C. 1395x (vxl )(1) and 42 C.F.R. 420.300 el seq.. Any disclosure under this paragraph shall not be construed as a waiver of any legal rights to which Regional One may be entitled. P55 Article 6. Indemnification 6.1 Regional One. Regional One shall indemnify, defend and hold harmless Pittsylvania County against and from any and all claims, demands, actions, causes, costs, expenses liabilities and losses arising from (i) Regional One's negligence or willful misconduct in providing services hereunder, (ii) any breach or default in the performance of any obligation on Regional One's part hereunder; (iii) any act of negligence or willful misconduct of Regional One or any officer, agent or employee thereof that is the proximate cause of an injury. Article 7. General Provisions 7.1 Independent Contractors. Nothing herein shall be deemed to establish a partnership or joint venture between the parties. No personnel of either party shall be deemed an employee of the other. No party has the authority to act for any other party except as may be expressly provided herein. 7.2 Compliance with Federal Laws. Other provisions of this Agreement notwithstanding, each party shall comply with applicable state and federal laws in performing its duties under this Agreement, including but not limited to Title VI of the Civil Rights Act of 1964, and all applicable regulations of HHS regarding discrimination on the ground of race, age, color, sex, handicap, national origin, religion, disability, or exclusion from participation or denial of benefits under any program or activity provided by any party. Nothing in this Agreement requires the referral of any patient or the purchase of any item or service, or shall be construed as an offer or payment of any cash or other remuneration, whether directly or indirectly, overtly or covertly, for patient referrals or arranging the purchase or lease of any item or service. All amounts paid hereunder are intended to reflect fair market value for the services rendered, and are not intended to be an inducement or payment for the referral of patients or for arranging the purchase, lease or order of any item or service. 7.3 Governing Law. This Agreement shall be governed by the laws of the Commonwealth of Virginia and any applicable local and federal laws, including but not limited to the rules and regulations of HHS and any federal or state health insurance program. Any provision of law that invalidates or is inconsistent with the terms of this Agreement or that would cause any of the parties to be in violation of law shall be deemed to have superseded the terms of this Agreement. 7.4 Notices. Any notice required or permitted hereunder shall be in writing, effective as of the date of hand delivery, fax, or date of delivery by the U.S. Postal Service by certified or registered mail, postage prepaid, return receipt requested, and P56 addressed to the recipient requested at the address identified below. Either party may change its notice address from time to time by written notice to the other party in compliance herewith. If To Pittsylvania County: Pittsylvanin County ATTN: Dan Sleeper P.O. Box 426 Chatham, VA 24531 If To Regional One: Regional One, Inc. ATTN.- Tim Duffer 135 Forestdale Drive Danville, VA 24540 7.5 Sevembility/Waiver. If any portion of this Agreement shall be determined to be legally invalid or unenforceable, such portion shall be ineffective only to the extent of such invalidity or unenforceability, and the remaining portions thereof and of this Agreement shall remain in full force and effect. A waiver of any breach or failure to assert rights under this Agreement shall not be construed as a continuing waiver of such rights. 7.6 Default. In the event that a party to this Agreement defaults in the performance of any of the terms or obligations imposed upon such party by this Agreement or the transactions contemplated hereby, the non -defaulting party may institute legal proceeding to enforce the provisions of this Agreement. In such instance, in addition to any other remedy, the defaulting party shall be responsible for the reasonable attorneys' fees incurred by the non -defaulting party in pursuing such action. The parties retain all rights at law and in equity to enforce the provisions of this Agreement in accordance with applicable law. 7.7 Entire Agreement. This Agreement contains the complete and entire agreement of the parties with respect to the subject matter addressed, supersedes all prior agreements or negotiations, and may be amended only upon the written, signed agreement of the parties. 7.8 Non -Assignability. The rights and obligations of the parties hereunder shall not be assignable to any third party, and any attempted assignment shall automatically and immediately terminate this Agreement. P57 7.9 Choice of Forum. Any and all disputes between the parties hereto shall be resolved in the court of competent jurisdiction located in Pittsylvania County, Virginia. IN WITNESS WHEREOF, the parties have signed this Agreement effective as of the first date written above. P58 Regional One, Inc. d/b/a Regional One EMS and Van's Med- Tee Transport and S LM Executive COMMONWEALTH OF VIRGINIA , CITY/COUNTY OF�5I 1 1(lY� to -wit: I, the undersigned, a Notary Public in and for the above jurisdiction, hereby certify that this da nally appeared before me, in my said jurisdiction, whose name is signed to the foregoing Agreement as of Pittsylvania County, Virginia, and acknowledged the same. GIVEN under my hand this ��day of 2002. My commission expires KATHY W. PARRISH Notary Public NOTARY MR= Commm Wedth W vrptrre #19031 Camnbdon COMMONWEALTH OF VIRGINIA CITY/COUNTY OF ✓)Q A . to -wit: I, the undersigned, a Notary Public in and for the above jurisdiction, hereby certify that this day personally appeared before me, in my said jurisdiction, Timothy J.Duffer, whose name is signed to the foregoing Agreement as Executive Director of REGIONAL ONE, INC., and acknowledged the same. GIVEN under my hand this day of -1 2009. My commission expires Ad' C , P2, Notary Pu lic LAWRENCE E. HYLTON, JR. tMARY PUBW RE01WMT=f3 W58 C0MM0NMICALTK of VMMA MY COWASWR OWYMB RFlRt1ARY 28.2010 E P59 PITTSYL.VANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Restructuring of Departments SUBJECT/PROPOSAL/REQUEST: Position Descriptions Revisions Revised Organizational Chart STAFF CONTACT(S): Mr. Smitherman, Mr. Sides, Ms. Jordan SUMMARY: AGENDA DATE: 9-19-17 ACTION: CONSENT AGENDA: ROLL CALL VOTE: ATTACHMENTS: 6(d) INFORMATION: Position Descriptions Organizational Chart REVIEWED BY: Since recent retirements in upper management, positions have been revised to reflect restructuring of certain duties assumed in Emergency Management and Code Compliance/Zoning. The following job descriptions along with titles have been revised: Director of Emergency Management & Safety revised to Director of Public Safety with salary grade 29. Director of Code Compliance/Zoning revised to Director of Community Development with salary grade 29. The Pittsylvania County Organizational Chart demonstrates departments restructured at this time. FINANCIAL IMPACT AND FUNDING SOURCE: Recommended salary grades are consistent with Board approved compensation study. Staff offers this for informational purposes to the Board of Supervisors. MOTION: P60 Position Title: Director of Public Safety FLSA: ExEMPT REPORTS TO: COUNTY ADMINISTRATOR SALARY GRADE: 29 (70,266-115,939) SUMMARY OF POSITION: Under the direct supervision of the County Administrator, the Director of Public Safety perforans complex administrative and technical work required to develop, organize, direct and maintain an effective, comprehensive emergency services program, E-911 System, Computer -Aided Dispatch (CAD), and Communications system for Pittsylvania County. Manages County fire prevention and investigation programs, as well as hazardous material incident response programs. Must be able to work closely with, and maintain a positive working relationship with the Sheriffs Office, Town Police Chiefs of Chatham, Gretna, Hurt, the Fire and Rescue Squads, Local Emergency Planning Committee, State and Federal Officials for Emergency Management. ESSENTIAL JOB FUNCTIONS: Essential functions, as defined under the Americans with Disabilities Act, may include any of the following tasks, knowledge, skills and other characteristics. The list that follows is not intended as a comprehensive list; it is intended to provide a representative summary of the major duties and responsibilities. Incumbent(s) may not be required to perform all duties listed, and may be required to perform additional, position - specific tasks. • Serves as the Coordinator of Emergency Services; • Supervises Public Safety Coordinator; • Supervises the Animal Services Department; • Serves as Chairman of the Local Emergency Planning Committee; • Advises and helps implement the planning and coordination of, mitigation of, preparedness for, response to, and recovery from all disasters; • Develops and coordinates an overall set of goals and objectives for a total Emergency Services Program and related communications; • Ensures the maintenance and update of the County Emergency Operations Plan and Hazard Mitigation Plan; • Develops and coordinates table top exercises, full functional exercises, and properly documents actual incidents for EMA funding; • Fosters a positive working relationship with State and Federal Officials as related to Emergency Management situations; • Provides coordination of training as related to Emergency Services Operations; • Ensures the development and maintenance of the County Hazardous Materials Contingency Plan and related with the Fire Marshal; • Oversees duties of fire inspections; serves as Deputy Fire Marshal; • Responds to structural fires and other emergency scenes when called upon; • Assists in firefighting operations to preserve fire scene for investigation and evidence Equal Opportunity Employer P61 recovery; • Conducts origin and cause investigations for fires including fire scene examination, evidence recovery, witness interviews, and documentation (photography, sketches, field notes); • Maintains chain of custody and requests laboratory analysis of evidence; • Works with the Deputy Director of Emergency Services (County Administrator) in conducting a Hazard Identification and vulnerability analysis that will focus on mitigation activity; • Establish, implement, maintain, test and evaluate the actual operational systems for responding to known threats to the jurisdiction. Which includes, communications, warning, emergency public information, shelters, radiological defense, and the emergency operations center; • Develops policies and procedures for the law enforcement agencies and fire and rescue programs in Pittsylvania County as it relates to communications or as needed. • Coordinates the physical communications needs of the fire, rescue and law enforcement agencies in Pittsylvania County in conjunction with the Sheriffs Office, Fire and Rescue and other agencies and groups using the communications systems in Pittsylvania County; • Manages complex wireless radio communications systems which includes the coordination of installation and maintenance of wireless mobiles, base stations, control stations, and point to point microwave radio systems; • Manages Information's Systems Network as applicable to the E-911 call delivery system and the Emergency Services Program, which includes Alpha Pagers, text paging, remote fire and rescue printers, and Satellite Weather receiver systems; • Serves as the 9-1-1 Coordinator; • Analyzes and evaluates existing, and potential complex E-91 I telecommunications systems for cost effective and efficient operations and recommend new systems and/or modifications, gather requirements and general information regarding users needs relating to new development or enhancements, prepares feasibility studies, monitor technical design in relation to system changes; • Promotes Public Education relating to E-911 system and Emergency Services Programs; • Coordinates the use of mapping, E-911, GIS, and other databases with the County Administrator, Director of Community Development, Systems Manager, Fire and Rescue, and Sheriffs Office; • Supervises all telecommunicators in operation and use of all communications equipment and facilities; • Responsible for Government Operations Phone System Maintain department records asneeded. REQUIRED KNOWLEDGE AND SHILLS: A comprehensive knowledge of all aspects of Emergency Services Operations. Must have an extensive working knowledge of E-911, Computer, and Communications Systems, Fiber -Optic Wide Area Networking, Local Area Networking, and must possess the skills and abilities to implement an effective system Equal Opportunity Employer P62 t within Pittsylvania County. Must possess supervisory skills related to all phases of Emergency Services, Communications and Project Management; ability to communicate effectively both orally and in writing; coordinate system development: implement, operate and maintain in conjunction with the Sheriffs Office, Director of Code Compliance, Systems Manager, County Administrator, and other agencies and groups utilizing the Emergency Operations Center and the E-911 communication system and databases. Must possess excellent inter -personal relationship skills to effectively implement these systems. Technical skills in communications, and E-911 equipment preferred; must be able to coordinate, interface and/or supervise a broad range of programs and personnel as needed. Maintain and foster positive working relationships with all involved agencies, administration, employees, public officials, and the public. Must possess broad knowledge of firefighting, practices, and appropriate use of related equipment. EDUCATION AND EXPERIENCE: Any combination of education and experience equivalent to graduation from high school, supplemented by college level courses in emergency services, or degree in criminal justice, communications, supervision and/or E-91 1 system. Minimum of two (2) years of supervisory experience; previous experience in budget development and administration; emergency services, law enforcement, fire & rescue. Telecommunications, dispatching, computer usage and networking preferred. Previous technical experience in communications design and repair in a fire, rescue or law enforcement field preferred. CERTIFICATIONS AND LICENSES: Possession of an appropriate valid driver's license issued by the Commonwealth of Virginia. Ability to acquire Certificates in NIMS 100, 200, 300 & 400. Emergency Program Manager, Homeland Security Exercise and Evaluation Program (HSEEP), Basic Public Information Officer, Community Emergency Response Team Instructor. FEMA Professional Development Series within 24 months. Ability to acquire and maintain National Certified Emergency Number Professional with 36 months. ENVIRONMENTAL FACTORS AND CONDITIONS/PHYSICAL REQUIREMENTS: This work requires the occasional exertion of up to 10 pounds of force; work regularly requires sitting, speaking or hearing and using hands to finger, handle or feel, frequently requires reaching with hands and arms and repetitive motions and occasionally requires standing, walking and stooping, kneeling, crouching or crawling; work has standard vision requirements; vocal communication is required for expressing or exchanging ideas by means of the spoken word and conveying detailed or important instructions to others accurately, loudly or quickly; hearing is required to perceive information at normal spoken word levels and to receive detailed information through oral communications and/or to make fine distinctions in sound; work requires preparing and analyzing written or computer data and observing general surroundings and activities; work occasionally requires working near moving mechanical parts, exposure to fumes or airborne particles, exposure to outdoor weather conditions and exposure to the risk of electrical shock; work is generally in a moderately noisy location (e.g. business office, light traffic). This description provides information regarding the essential functions of the designated job, and the general nature and level of work associated with the job. It should not be interpreted to Equal Opportunity Employer P63 t describe all the duties and performance that may be required of employees or be used to limit the nature and extent of assignments an employee may be given. SIGNATURE—REVIEW AND COMMENTS I have read this description and understand the requirements and responsibilities of the position. Signature of Employee Date Signature/Job Title of Supervisor Date Comments: Equal Opportunity Employer P64 t Position Title: Director of Community Development FLSA: EXEMPT REPORTS To: Assistant County Administrator Planning & Administration SALARY GRADE: 29 ($70,266-115,939) SUMMARY OF POSITION: Under the general supervision of the Assistant County Administrator for Planning & Administration, the employee performs difficult professional and administrative work directing the activities of the County's planning, zoning, permitting, code enforcement, building inspections and geographic information systems (GIS) operations through the Department of Community Development. Additionally, performs related work as required; supervision is exercised over all department personnel. ESSENTIAL JOB FUNCTIONS: Essential functions, as defined under the Americans with Disabilities Act, may include any of the following tasks, knowledge, skills and other characteristics. The list that follows is not intended as a comprehensive list; it is intended to provide a representative summary of the major duties and responsibilities. Incumbent(s) may not be required to perform all duties listed, and may be required to perform additional, position - specific tasks. • Plans, organizes and directs the planning, development code, building inspections, erosion and sediment control, zoning, subdivision and GIS programs of the County, in accordance with County policies and budget; • Supervises, directs and evaluates assigned staff, processes employee concerns and problems; counsels, disciplines and completes employee performance evaluations; assists in the selection of department personnel; coordinates daily work activities; organizes, prioritizes, and assigns work; monitors status and inspects completed work; assists with complex/problems and provides technical expertise; • Serves as Zoning Administrator; administers, updates and enforces the zoning ordinance; interprets and enforces provisions of the zoning ordinance, state and local codes, laws, regulations, specifications, standards, policies and procedures; initiates legal actions necessary to correct deviations of noncompliance; • Tracks applicants' compliance with all zoning proffers, including monitoring of conditions of approval and tracking financial contributions; • Serves as Principal Planner, directs the development, preparation, update and maintenance of the Comprehensive Plan, and coordinates transportation planning with VDOT and County officials; • Serves as Subdivision Agent, administers, updates and enforces the subdivision ordinance; • Provides technical support to the Board of Zoning Appeals, Planning Commission, Board of Supervisors, and other boards/committees regarding assigned programs, and makes presentations and recommendations as required; • Drafts new ordinances, policies and procedures as necessary to address land use and Rev 8/2017 P65 development issues; • Coordinates the review of all site plans; maintains official zoning map; oversees updates and corrections to ensure accuracy; • Oversees permitting and building inspections functions through the supervision of employees and policies; renders advice and technical assistance as needed; • Receives and responds to requests for information and complaints from the general public and land development professionals; • Prepares and reviews a variety of correspondence, reports, memoranda, statistical data, etc.; • Oversees the maintenance of the various official records; performs clerical tasks such as report preparation on appeal cases and other complex cases; makes and writes formal, legally binding, written interpretations of the zoning ordinance, proffers and conditions of development approval; • Attends meetings/conferences as required by the Assistant County Administrator Planning & Administration; • Consults with officials of the County, State and Federal government in order to coordinate all phases of planning and community development; • Serves as liaison and County contact with the West Piedmont PDC, and other regional planning organizations; • Performs other related duties as assigned by Assistant County Administrator. REQUIRED KNOWLEDGE AND SHILLS: • Comprehensive knowledge of the zoning ordinances, civil engineering, GIS, state code provisions related to land use, and related codes and ofthe appropriate methods of enforcement; • Comprehensive knowledge of current situations and recent developments in planning and zoning; • Ability to interpret and analyze technical documents and regulations; • Ability to prepare and present effective and persuasive oral and written reports to top management, public groups, and/or Boards of Directors; • Ability to establish and maintain effective working relationships with County and other government officials, other agencies and the general public; • Skills in working within deadlines and multi -tasking to complete projects and assignments; efficient record keeping; • Skills in assessing, analyzing, identifying and recommending solutions to problems; • Skills in working independently or as a team member; • Proficient computer skills including Word, Excel, PowerPoint, Internet, routine database entry, spreadsheets, interpret graphics, photo imaging, etc. Rev 8/2017 P66 EDUCATION AND EXPERIENCE: Graduation from an accredited college or university with a bachelor's degree in planning, engineering, management or related field. A master's degree in Planning or related field is preferred. Extensive experience in planning and community development, which includes considerable zoning and supervisory experience. CERTIFICATIONS AND LICENSES: Possession of a valid driver's license. ENVIRONMENTAL FACTORS AND CONDITIONS: Work is performed primarily in an indoor environment, but may require visits to outdoor project sites. Moderate noise levels. Occasional overnight travel (up to 20%) by land and/or air. PHYSICAL REQUIREMENTS: The employee is regularly required to stand; sit; walk; talk or hear; use hands and fingers, handle, feel or operate objects, tools, or controls; and reach with hands and arms. The employee is occasionally required to climb, balance, stoop, kneel, crouch, or crawl. Must occasionally lift and/or move up to 50 pounds. Visual acuity required includes close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust and focus. Operation of motor vehicles or equipment. EQUIPMENT AND TOOLS UTILIZED: Must be physically able to operate a variety of machinery, and equipment including copiers, computers, and/or other electronic devices. This description provides information regarding the essential functions of the designated job, and the general nature and level of work associated with the job. It should not be interpreted to describe all the duties and performance that may be required of employees or be used to limit the nature and extent of assignments an employee may be given. SIGNATURE—REVIEW AND COMMENTS I have read this description and understand the requirements and responsibilities of the position. Signature of Employee Date Signature/Job Title of Supervisor Date Comments: P67 3 Rev 8/2017 4 Rev 8/2017 P68 O N � d G L E 9 C Q •E T •p G Q w L v U E s 'o c � E o � ® Q G L 9 C C y 9 'e CJ Q W U �d m a c c s, R U a 0 :j �a •� L O U N O n R •� �• c o Q °E w o L W C •� ° E oo V43 � 0 i Qr a O N W C L p G L E 9 C Q •E T •p G Q U E s 'o c � E o � ® Q P69 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Request from Pittsylvania County Public Library SUBJECT/PROPOSAL/REQUEST: Request to transfer old book turnstiles from library to schools STAFF CONTACT(S): Ms. Lisa Tuite SUMMARY: AGENDA DATE: 09-19-2017 ACTION: E'er CONSENT AGENDA: R1 ROLL CALL VOTE: ❑ ATTACHMENTS: Yes REVIEWED BY: 0 ITEM NUMBER: 6(e) INFORMATION: ❑ Ms. Lisa Tuite, Director for Pittsylvania County Public Library, is disposing of seven used paperback turnstiles that are no longer needed at the Chatham Library, or elsewhere in the library system. Teachers from Chatham High School and Chatham Elementary School have expressed interest in using them at their schools to make reading material more accessible to students and teachers. Ms, Tuite is requesting permission to transfer the turnstiles to the schools. (Letters of the request are attached). FINANCIAL IMPACT AND FUNDING SOURCE, None RECOMMENDATION: Staff recommends the Board approve the transfer of the turnstiles as requested. MOTION: Motion to transfer the requested turnstiles from the library to the Chatham High and Elementary Schools. P70 The Honorable Robert Warren Pittsylvania County Board of Supervisors P.O. Box 426 Chatham, VA 24531 August 24, 2017 Dear Mr. Warren: The Pittsylvania County Public Library is disposing of seven used paperback book turnstiles that are no longer needed at the Chatham library or elsewhere in the library system. In the course of moving books from the turnstiles to other shelving, several teachers who are patrons of the library have requested whether the library might transfer these items of county property to the Pittsylvania County Schools for use at Chatham High School and Chatham Elementary School. The book turnstiles would be used to make reading material more accessible to students and teachers. I hope that the Board of Supervisors will agree that this is a mutually beneficial outcome for these items. I am attaching letters of request from the teachers for your review. It is my understanding that the approval from the Board of Supervisors is necessary before the library can transfer the turnstiles to the public schools. Thank you for your assistance in making this transfer. Sincerely, Lisa W. Tuite Director P71 Chatham High School 100 Cavalier Circle Chatham VA 24531 Pittsylvania Board of County Supervisors August 4, 2017 Dear Sirs, I would like to request that a book turnstile that was used at the Chatham Branch of the Pitlsylvania County Library be transferred to Chatham High School to be used in room El 02 for the purpose of making magazines and other reading materials more accessible to students in the classroom. It is my understanding that the turnstile is no longer needed by said library, and therefore was to be placed into storage. I hope that you would deem transferal of this piece of equipment/furniture appropriate and useful. Thank you for your consideration, Ginn), Farthing F.o.s ..acnral ccmnu wnJ li]ul��g� rrnc6er P72 Chatham High School 100 Cavalier Circle Chatham VA 24531 Pittsylvania Board of County Supervisors Augusl4,2017 Dear Sire, I would like to request that a book turnstile that was used at the Chatham Branch of the Pittsylvarim County Library be transferred to Chatham High School to be used in room E102 for the purpose of making magazines and other reading materials more accessible to students in the classroom. It is my understanding that the turnstile is no longer needed by said library, and therefore was to be placed into storage. I hope that you would deem transferal of this piece of equipmenttturniture appropriate and useful. Thank you for your consideration, Ging Farthing Ger mmol Sdrrtr and Hnd.,Uv <hcr CI ISSdcnm Dcpxrtmrni I n P73 Rebecca Flippen From: Lisa Tuite <lisa.tuite@pcplib.org> Sent: Tuesday, August 29, 2017 2:51 PM To: Rebecca Flippen Subject: Fwd: letter Attachments: bookshelf letter.docx Rebecca, I understand that Connie forwarded to you the letter from the Chatham High School teacher and my letter about the book turnstiles that the library is no longer using but that teachers want, and for which the Board of Supervisors must approve the transfer. The letter attached to this email is the request from Chatham Elementary for the remaining book turnstiles. I know my letter was not on letterhead; if you need it on letterhead or need the letters to say anything in particular to effect the transfer of this property, please let me know and I'll be happy to resubmit. Thanks, Lisa ---------- Forwarded message ---------- From: Tricia Siebert <tricia.siebertla cs.kI2.va.us> Date: Tue, Aug 29, 2017 at 2:39 PM Subject: Fwd: letter To: lisa.tuitenu,ncnlib.org Tricia Siebert ---------- Forwarded message ---------- From: "Paige Wilkinson" <Paige.wilkinson(cr�,pcs.kl2.va.us> Date: Aug 29, 2017 2:36 PM Subject: letter To: "Tricia Siebert" <tricia.siebert(i pcs.kl2.va.us> Cc: Lisa Tuite Director Pittsylvania County Public Library 24 Military Drive, Chatham VA 24531 (434)432-3271 -- our stories connect us -- P74 CHATHAM ELEMENTARY SCHOOL 245 Chatham Elementary Lane Pittsylvania County Board of Supervisors 1 Center Street, Chatham VA DEAR MEMBERS OF THE BOARD, I would like to request that 8 book turnstiles that were used at the Chatham Branch of the Pittsylvania County Library be transferred to Chatham Elementary School to be used in classrooms for the purpose of making magazines and other reading materials more accessible to students and teachers. It is my understanding that the turnstiles are no longer needed by said library, and therefore being placed in storage. I hope that you would deem transferal of these pieces of equipment/furniture appropriate and useful. THANK YOU FOR YOUR CONS[DERAI 10R, Paige Wilkinson, Title I Instructor 245 Chatham Elementary Lane P75 O N O N O 0. CHATHAM ELEMENTARY SCHOOL 245 Chatham Elementary Lane Pittsylvania County Board of Supervisors 1 Center Street, Chatham VA DEAR MEMBERS OF THE BOARD, I would like to request that 8 book turnstiles that were used at the Chatham Branch of the Pittsylvania County Library be transferred to Chatham Elementary School to be used in classrooms for the purpose of making magazines and other reading materials more accessible to students and teachers. It is my understanding that the turnstiles are no longer needed by said library, and therefore being placed in storage. I hope that you would deem transferal of these pieces of equipment/furniture appropriate and useful. Paige Wilkinson, Title I Instructor 245 Chatham Elementary Lane P76 O N 00 N O 1 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Community Policy Management Team (CPMT) Lease Aqreement SUBJECT/PRO POSAL/REOUEST: Lease Approval STAFF CONTACT(S): Mr. Smitherman; Ms. Boswell; Mr. Hunt SUMMARY: AGENDA DATE: 09/19/2017 ACTION: RI CONSENT AGENDA: R1 ROLL CALL VOTE: ❑ ATTACHMENTS: Lease Agreement REVIEWED BY: 7-- ITEM NUMBER: 6(f) INFORMATION: ❑ It has been necessary for staff to secure an area more conducive to the confidentially required, as well as the need for increased space, during Family Assessment Planning Team (FAPT) and CPMT meetings. Leasing of a building owned by Pittsylvania Lodge #24 A.F. & A.M., provided an affable and affordable solution to the space problem. FINANCIAL IMPACT AND FUNDING SOURCE: Rent is $6,600 per year, payable by installments of $550.00 per month. This money is already in the CPMT Budget. Staff recommends the Board of Supervisors ratify the attached Lease Agreement. MOTION: Motion to ratify the CPMT Lease Agreement as presented. P77 LEASE AGREEMENT This Lease Agreement (the "Lease") is made on L4. 2017, by and between Pittsylvania Lodge 424 A.F. & A.M., a fraternal organizationii (Landlord"), and the Pittsylvania County Board of Supervisors, a political subdivision of the Commonwealth of Virginia ("Tenant"), (individually "Party," collectively the "Parties"). WITNESSETH Landlord is the owner of land and improvements commonly known and numbered as 61 North Main Street, Chatham, Virginia, 24531 (the "Building"), and legally described as follows: a two (2) story, brick, building of approximately 6,20Q square feet. Landlord desires to lease the first (I") floor of the Building consisting of approximately 3,000 square feet the "Premises") to Tenant, and Tenant desires to lease the Premises from Landlord upon the covenants, conditions, and provisidns herein set forth. THAT FOR AND IN CONSIDERATION of the mutual covenants and agreements herein contained, the Parties do hereby covenant and agree as fo�lows: 1. TERM. A. Initial Term. Landlord hereby leases the Premises to Tenam, and Tenant hereby leases the same from Landlord, for an Initial Term beginning September 1, 2017, and ending September 1, 2019. B. Renewal Term. Tenant may renew the Lease for one (1) addi{ional term of two (2) years as agreed upon by Landlord and Tenant. Tenant shall exercise such renewal option, if at all, by giving written notice to Landlord, not less than sixty (60) days prior to the expiration of the Initial Term. The renewal term shall contain the same covenants, conditions, and provisions as provided in this Lease. 2. RENT. Tenant shall pay to Landlord during the Initial Term rent of $6,600.00 per year, payable in installments of $550.00 per month. Each rent installment payment shall be due on the first day of each calendar month during the Lease term(s) to Landlord, and sent via U.S. Mail to Landlord's address as contained in the Notices S�ction of this Lease. 3. USE. The Premises shall be used by the Tenant Notwithstanding the forgoing, Tenant shall not use Page 1 of 10 P78 for an office andeeting area. the Premises for thpurposes of storing, manufacturing, or selling any explosives, flammables, or other inherently dangerous substance, chemical, thing, or device. 4. SUBLEASE AND ASSIGNMENT. Tenant shall have the right without Landlord's consent, to assign this Lease to a corporation or other entity with which Tenant may merge or consolidate, to any subsidiary of Tenant, to any corporation under common control with Tenant, or to a purchaser of substantially all of Tenant's assets. Except as set forth above, Tenant shall not sublease all or any part of the Premises, or assign this Lease in whole or in part without Landlord's consent, such consent not to be unreasonably withheld or delayed. 5. ALTERATIONS AND IMPROVEMENTS. Tenant, at Tenant's expense, shall have the right, following Landlord's consent, to remodel, redecorate, and make additions, improvements, and replacements of and to all or any part of the Premises from time -to -time as Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. Tenant shall have the right to place and install personal property, trade fixtures, equipment, and other temporary installations in and upon the Premises, and fasten the same to the Premises. All personal property, equipment, machinery, trade fixtures, and temporary installations, whether acquired by Tenant at the commencement of the Lease term(s) or placed or installed on the Premises by Tenant thereafter, shall remain Tenant's property free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time during the Lease term(s) provided that all damage to the Premises caused by such removal shall be repaired by Tenant at Tenant's expense. 6. PROPERTY TAXES. Landlord shall pay, prior to delinquency, all general real estate taxes and installments of special assessments coming due during the Lease term(s) on the Premises, and all personal property taxes with respect to Landlord's personal property, if any, on the Premises. Tenant shall be responsible for paying all personal property taxes with respect to Tenant's personal property at the Premises, if any. 7. INSURANCE. A. If the Premises, or any other part of the Building, is damaged by fire or other casualty resulting from any act or negligence of Tenant or any of Tenant's agents, employees, or invitees, rent shall not be diminished or abated while such damages are under repair. The tenant will maintain fire legal liability insurance to cover such losses in a minimum amount of no less than $250,000. 1 B. Landlord shall maintain fire and extended coverage insurance or� the Building and the Premises in the amount of $318,000. Tenant shall be responsible, at its expense, Page 2 of 10 P79 for fire and extended coverage insurance on all of its personal removable trade fixtures, located in the Premises. including C. Tenant and Landlord shall, each at its own expense, maintain a policy or policies of comprehensive general liability insurance with respect to the respective activities of each in the Building, with the premiums thereon fully paid on or before due date, issued by and binding upon an insurance company authorized to conduct business in Virginia, such insurance to afford minimum protection of not less than $1,000,000 combined single limit coverage of bodily injury, property damage, or' combination thereof. Landlord shall be listed as an additional insured on Tenant's policy or policies of comprehensive general liability insurance, and Tenant shall provide Llandlord with current Certificates of Insurance evidencing Tenant's compliance with this Section. Tenant shall obtain the agreement of Tenant's insurer to notify Landlord that a policy is due to expire at least ten (10) days prior to such expiration. Landlord', shall not be required to maintain insurance against thefts within the Premises or the Building. 8. UTILITIES. Tenant shall pay all charges for water, sewer, gas, electricity, telephone, internet, and other services and utilities used by Tenant on the Premises during the t-rm(s) of this Lease, unless otherwise expressly agreed in writing by Landlord. In the event that any utility or service provided to the Leased Premises is not separately metered, Landlord shall pay the amount due, and separately invoice Tenant for Tenant's pro rata share of the charges. Tenant shall pay such amounts within thirty (30) days of invoice. 9, SIGNS Following Landlord's consent, Tenant shall have the right to place on the Premises, at locations selected by Tenant, any signs which are permitted by applicable zoning ordinances and private restrictions. Landlord may refuse consent to any proposed signage that is in Landlord's opinion too large, deceptive, unattractive, or otherwise inconsistent with or inappropriate to the Premises or use of any other tenant. Landlord shall assist and cooperate with Tenant in obtaining any necessary permission from governmental authorities or adjoining owners and occupants for Tenant to place or construct the foregoing signs. Tenant shall repair all damage to the Premises resulting from the removal of signs installed by Tenant. 10. ENTRY. Landlord shall have the right to enter upon the Leased Premises at reasonable hours to inspect the same, provided Landlord shall not thereby unreasonably interfere with Tenant's business on the Premises. 11. PARKING. Page 3 of 10 P80 During the Lease's term(s), Tenant shall have the exclusive use in common with Landlord of the Building and Premises' automobile parking areas, driveways, and footways, subject to rules and regulations for the use thereof as prescribed from time -to - time by Landlord. 12. PREMISES RULES. Tenant will comply with the rules of the Premises, if any, adopted and altered by Landlord from time -to -time and will cause all of its agents, employees, invitees, and visitors to do so; all changes to such rules will be sent by Landlord to Tenant in writing. The initial rules, if added, will be attached hereto as Exhibit "A" and incorporated herein for all purposes. 13. DAMAGE AND DESTRUCTION. If the Premises or Building, or any part thereof, or any appurtenance thereto, is so damaged by fire, casualty, or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right, within ninety (90) days following damage, to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Premises or Building, and if such damage does not render the Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this Section, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials, or labor, or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term(s) that the Premises or Building are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this Section extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Premises or Building, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes. 14. DEFAULT. If default shall at any time be made by Tenant in the payment of rent when due to Landlord as herein provided, and if said default shall continue for fifteen (i5) days after written notice thereof shall have been given to Tenant by Landlord, or if d fault shall be made in any of the other covenants or conditions to be kept, observed and Performed by Tenant, and such default shall continue for sixty (60) days after notice ther✓vof in writing to Tenant by Landlord without correction thereof then having been commenced and thereafter diligently prosecuted, Landlord may declare the Lease's terms) ended and terminated by giving Tenant written notice of such intention, and if possession of the Premises is not surrendered, Landlord may reenter said Premises. Landlo4shall have, in Page 4 of 10 PS1 addition to the remedy above provided, any other right or remedy availabl� to Landlord on account of any Tenant default, either in law or equity. Landlord shall use reasonable efforts to mitigate its damages. 15. QUIET POSSESSION. Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, Landlord will keep and maintain Tenant in exc�usive, quiet, peaceable, undisturbed, and uninterrupted possession of the Premises dunng the term(s) of this Lease. 16. CONDEMNATION. If any legally, constituted authority condemns the Building or such part thereof which shall make the Leased Premises unsuitable for leasing, this Lease shall cease when the public authority takes possession, and Landlord and Tenant shall accoun, for rental as of that date. Such termination shall be without prejudice to the rights of either party to recover compensation from the condemning authority for any loss or damage caused by the condemnation. Neither party shall have any rights in or to any award made to the other by the condemning authority. 17. SUBORDINATION. Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust, or other lien presently existing or hereafter arising upon the Premises, or upon the Building, and to any renewals, refinancing, and extensions thereof, but Tenant agrees that any such mortgagee shall have the right at any time to subordinate such mortgage, deed of trust, or other lien to this Lease on such terms and subject to such conditions as such mortgagee may deem appropriate in its discretion. Landlord is hereby irrevocably vested with full power and authority to subordinate this Lease to any mortgage, deed of trust, or other lien now existing or hereafter placed upon the Premises or the Buildin, and Tenant agrees upon demand to execute such further instruments subordinating is Lease or attoming to the holder of any such liens as Landlord may request. In the event that Tenant should fail to execute any instrument of subordination herein required to be executed by Tenant promptly as requested, Tenant hereby irrevocab Landlord as its attomey-in-fact to execute such instrument in Tenant's na stead, it being agreed that such power is one coupled with an interest. Ten it will from time -to -time upon request by Landlord execute and deliver to s Landlord shall request a statement in recordable form certifying that unmodified and in full force and effect (or if there have been modifications is in full force and effect as so modified), stating the dates to which i charges payable under this Lease have been paid, stating that Landlord is hereunder (or if Tenant alleges a default stating the nature of such allege further stating such other matters as Landlord shall reasonably require. 18. NOTICES. Page 5 of 10 P82 q constitutes ie, place and nt agrees that ch persons as his Lease is that the same :nt and other iot in default default) and Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows: If to Landlord to: Pittsylvania Lodge # 24, A.F. and A.M. P.O. Box 1225 Chatham, Virginia 24531 If to Tenant to: Pittsylvania Board of Supervisors Attn: County Administrator 1 Center Street P.O. Box 426 Chatham, Virginia 24531 Landlord and Tenant shall each have the right from time -to -time %o change the place Notice is to be given under this Section by written notice thereof to the other Party. 19. BROKERS. I Tenant represents that Tenant was not shown the Premises by any real estate broker or agent and that Tenant has not otherwise engaged in, any activity, which could form the basis for a claim for real estate commission, brokerage fee, finderls fee or other similar charge, in connection with this Lease. 20. WAIVER. No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. One or more waivers by Landlord or Tenant shall not be construed as a waiver of!a subsequent breach of the same covenant, term or condition. 21. MEMORANDUM OF LEASE. The parties hereto contemplate that this Lease should not and shall nlbt be filed for record, but in lieu thereof, at the request of either party, Landlord and, Tenant may execute a Memorandum of Lease to be recorded for the purpose of giving record notice of the appropriate provisions of this Lease. 22. HEADINGS. Page 6 of 10 P83 The headings used in this Lease are for convenience of the parties only and shall not be considered in interpreting the meaning of any provision of this Lease, 23. SUCCESSORS. The provisions of this Lease shall extend to and be binding uponLandlordand Tenant and their respective legal representatives, successors, and assigns. 24. CONSENT. Landlord shall not unreasonably withhold or delay its consent with (respect to any matter for which Landlord's consent is required or desirable under this Lease. 25. PERFORMANCE. If there is a default with respect to any of Landlord's covenants,lwarranties or representations under this Lease, and if the default continues more than fifteen (15) days after notice in writing from Tenant to Landlord specifying the default, Tenant may, at its option and without affecting any other remedy hereunder, cure such default and deduct the cost thereof from the next accruing installment or installments of rent payable hereunder until Tenant shall have been fully reimbursed for such expendit res, together with interest thereon at a rate equal to the lesser of four percent (4%) per um or the then highest lawful rate. If this Lease terminates prior to Tenant's receiving full reimbursement, Landlord shall pay the unreimbursed balance plus accru�d interest to Tenant on demand. 26. COMPLIANCE WITH LAW. Tenant shall comply with all laws, orders, ordinances, andother public requirements now or hereafter pertaining to Tenant's use of the Premises. Landlord shall comply with all laws, orders, ordinances, and other public requirements now or hereafter affecting the Premises. 27. ENTIRE AGREEMENT. This Lease terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Lease may be modified only by a further writing that is duly executed by both Parties. 28. APPLICABLE LAW. This Lease shall be construed according to the laws of the Virginia. 29. VENUE. Page 7 of 10 P84 of The legal venue for any litigation arising out of this Lease shall be the appropriate court of Pittsylvania County, Virginia. 29. BENEFIT. This Lease shall inure to the benefit of, and shall bind the heirs, successors, and assigns of the Parties. 30. NON -APPROPRIATION PROVISION. Notwithstanding any other provision in this Lease to the contrary, if the Tenant fails during any fiscal year to appropriate or allocate sufficient funds to pay the amounts to be paid by the Tenant pursuant to the provisions of this Lease which become due or payable during such fiscal year, then this Lease and all the obligations of the Tenant hereunder shall automatically terminate at the end of the fiscal year in which such non - appropriation occurs. The Tenant agrees to use its reasonable efforts to obtain any necessary funding contemplated by this Lease, on an annual basis. 31. OTHER RESPONSIBILITIES OF LANDLORD AND TENANT. A. Landlord's Responsibilities: (1) Structural Components Capital Expenditures Fire and Casualty Insurance, Real Estate Taxes. The Landlord agrees to be fully and solely responsible for the maintenance and repair of the structural portions of the Premises and Building, which include the roof, foundation, and load-bearing walls outside of the interior of the improvements on the Premises. (2) Landscaping and Lawn Maintenance. Landlord agrees to be fully and solely responsible for landscaping and lawn maintenance of or related to the Premi s/Building. (3) Maintenance of the Premises/Center. Landlord agrees to be fully and solely responsible for maintaining and repairing the Premises'/Building's heating and air conditioning systems ("HVAC"). As part of maintaining said systems, Landlord shall be sblely responsible for the replacement of mechanical system filters. All repairs and replacements made by Landlord shall be of at least equal in class and quality to the otiginal equipment and workmanship. Any repairs and replacements made' by Landlord, at its expense to the plumbing, electrical and heating, and air conditioning tntits, fixtures, and facilities, must be provided by a qualified licensed contractor, plumber, Ipr electrician. B. Tenant's Responsibilities: (1) Janitorial Services Paper Products, and Light Bulbs. Tenantlagrees to be fully and solely responsible for any and all janitorial services, bathrooml related paper products, and replacement of light bulbs in and on/in the Premises. Page 8 of 10 Pss (2) Waste Disposal. Tenant agrees to be fully and solely resp( and waste disposal, including the cost of storage and removal of the Premises/Building. Tenant shall abide by all laws, rules, ordinances, established by any governmental body, entity, or political subdivision, w collection, storage and disposal of waste on the Premises/Building. ible for trash me from the I regulations regard to the (3) Snow Removal. Tenant shall be responsible for snow removal for the Premises. Witness the following signatures and seals: LANDLORD: PITTSYLVANIA LODGE # 24 A.F. & A.M. By: 44 Otj r r_ Q Name (Printed): HcL ry+u eNNO (i COMMONWEALTH OF VIRGINIA COUNTY OF P' -6a Au n, , i cam; BE IT REMEMBERED, that before me on this '1 day of bit I, 2017, appeared �M_ .,who acknowledged the signing of the foregoing instru entto be bis voluntary act and deed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my officj seal, on the day set rth above. NOI ARY PUBLIC Page 9 of 10 P86 TENANT: OF SUPERVISORS COMMON LTH OF VIRGINIA COUNTY BE IT REMEMBERED, that before me on thislr_>day orae —, 2017, appeared--VAVI, rn.Z)0)tbjjMM , 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 affiked my offic al seal, on the day set forth above. OTAR U LIC APPROVED AS TO FORM 7G4A4- J. Vaden Hunt, Esq. Pittsylvania County Attorney Page 10 of 10 Pal .. /i�Il llllllll••`. PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Proclamation — National Fire Prevention Week; October 8-14, 2017 S UBJECUPROPOSALIREOUEST: Annual Proclamation STAFF CONTACT(S): Mr. Bowman SUMMARY: AGENDA DATE: 09-19-2017 ACTION: CONSENT AGENDA: n ROLL CALL VOTE: El ATTACHMENTS: Proclamation REVIEWED BY: ITEM NUMBER: 6(g) INFORMATION: El Each year Pittsylvania County follows the United States non-profit Fire Protection Association declares a Fire Prevention Week in Pittsylvania County. Attached hereto, is a Proclamation from the Pittsylvania County Board of Supervisors declaring October 8th through October 14th, 2017 as Fire Prevention Week in Pittsylvania County. FINANCIAL IMPACT AND FUNDING SOURCE: N/A RECOMMENDATION: Staff recommends approval of attached proclamation. MOTION: Motion to approve proclamation. P88 Vitt5plbauia Couutp 38oarb of *uperbigom Proclamation NATIONAL FIRE PREVENTION WEEK October .Jh —14th, 2017 "Every Second Couunts: Plan 2 Ways Out!" WHEREAS, Pittsylvania County is committed to ensuring the safety and security of all those living in and visiting the County; and WHEREAS, U.S. fire departments responded to 365,500 home fires in 2015, according to the National Fire Protection Association (NFPA); and WHEREAS, U.S. home fires resulted in 2,560 civilian deaths in 2015, representing the majority (78 percent) of all U.S. fire deaths; and WHEREAS, newer homes are built with lightweight materials that burn faster than older home constructions; and WHEREAS, many of today's products and furnishings produce toxic gases and smoke when burned, making it impossible to see and breathe within moments; and WHEREAS, these conditions contribute to a much smaller window of time for people to escape a home fire safely, with people having as little as one to two minutes to escape from the time the smoke alarm sounds; and WHEREAS, a home fire escape plan provides the skill set and know-how to quickly and safely escape a home fire situation; and WHEREAS, a home fire escape plan includes two exits from every room in the home; a path to the outside from each exit; smoke alarms in all required locations; and a meeting place outside where everyone in the home will meet upon exiting; and WHEREAS, home fire escape plans should be developed by all members of the household; and WHEREAS, practicing a home fire escape plan twice a year ensures that everyone in the household knows what to do in a real fire situation; WHEREAS, Pittsylvania County's first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, Pittsylvania County's residents are responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes; and WHEREAS, the 2017 Fire Prevention Week theme, "Every Second Counts: Plan 2 Ways Out!" effectively serves to educate the public about the vital importance of developing a home fire escape plan with all members of the household and practicing it twice a year; then P89 THEREFORE, the Pittsylvania County Board of Supervisors does hereby proclaim October 8-14, 2017, as Fire Prevention Week throughout this community; urges all the County's citizens to develop a home fire escape plan with all members of the household and practice it twice a year; and to participate in the many public safety activities and efforts of Pittsylvania County's fire and emergency services during Fire Prevention Week 2017. Given under my hand this 19'h day of September, 2017. Robert W. "Bob" Warren, Chair Pittsylvania County Board of Supervisors David M. Smitherman, County Administrator Pittsylvania County Board of Supervisors P90 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Gravel Parking Lot Lease for Community Center Lease of parking lot to serve as additional or overflow parking for the center. STAFF CONTACT(S): Mark Moore, Richard Hicks SUMMARY: AGENDA DATE: 09-19-2017 ACTION: CONSENT AGENDA: 5/1 ROLL CALL VOTE: ❑ ATTACHMENTS: Lease Agreement REVIEWED BY: X ITEM NUMBER: 6(h) INFORMATION: ❑ This parking lot is located between the community center and the barber shop and will serve as additional or overflow parking for the community center. The lot will allow for approximately 15 parked cars, essentially doubling the amount of parking the center currently offers. The use of this lot is imperative to both county and private rentals held at the center throughout the week and on weekends. FINANCIAL IMPACT AND FUNDING SOURCE: Rental rate is $300/month and will be covered in the Parks and Recreation budget. Staff recommends that the Board of Supervisors ratify the lease agreement for the vacant lot beside the community center. MOTION: Motion to ratify the lease agreement as presented. P91 SURFACE PARKING LOT LEASE AGREEMENT THIS SURFACE PARKING LOT LEASE AGREEMENT (the "Agreement"), made and entered into this 1St day of October, 2017 ("Date of Execution"), between Curl's Rentals, Inc., a Virginia corporation ("Lessor"), and Pittsylvania County, Virginia, a political subdivision of the Commonwealth of Virginia ("Lessee"). RECITALS Lessor is the owner of a parcel of land located at 41 Main Street, Chatham, Virginia 24531, that contains a building (currently housing a beauty/barber shop) and an adjacent gravel surface parking lot (the "parking lot"). Said parcel is more fully described as follows: Tax Map # 2426-01-1036; containing 0.2100 acres; legally described more fully in Deed Book 1447; Page number 355; also depicted in Map Book/LR B43/372E. The Lessor, via this Agreement, has agreed to grant the Lessee the right to occupy and use the Southside of the parking lot portion of Tax Map # 2426-01-1036 only, and not the building (currently housing a beauty/barber shop); (the "demised premises"). Lessee is willing to accept such occupancy, subject to and in accordance with the payments, terms, and conditions herein provided. NOW, THEREFORE, in consideration of the following mutual promises herein set forth and other goods and valuable consideration, the receipt and sufficiency of which are acknowledged by the Parties hereto, the Parties agree as follows: 1. DEMISED PREMISES: The demised premises under this Agreement shall be the Southside of the parking lot to be occupied by Lessee, such portion being more fully described/depicted on the drawing attached hereto as Exhibit "A" and made a part hereof. 2. TERM(S) OF AGREEMENT: The initial term of this Agreement shall be for one (1) year, commencing as of the Date of Execution above. Unless terminated as described below, this Agreement shall be automatically renewed for eight (8) successive one (1) -year terns following the expiration of the initial tern. 3. TERMINATION: Either Party may terminate this Agreement by providing sixty (60) days' written notice to the other Party. Any such notice shall be directed to a Party at the Party's address as listed in the Notices Section of this Agreement. If the demised premises are 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 immediately, waiving any aforementioned termination notice requirement. 4. RENT: Lessee covenants and agrees to pay to Lessor, as rental for the parking lot, the sum of Three Hundred Dollars ($300.00) per month, due on the 1St day of each month the Agreement remains in full force and effect. Any and all rent payments shall be made payable to Lessor and sent via U.S. Mail to the Lessor's address contained in the Notices Section of this Agreement. Page 1 of 6 P92 5. ITEMS LEFT IN VEHICLES; DAMAGES TO VEHICLES: Lessor shall not be responsible for any damages or loss to possessions or items left in Lessee's vehicle in the demised premises, or any damages to Lessee's vehicles in the demised premises. 6. PERMITTED USE; COVENANTS OF OWNERSHIP; OUIET OWNERSHIP: The demised premises shall be used for the exclusive parking of the Lessee's visitors', employees', or Pittsylvania County Community Center's renters' motor vehicles only. Any other use/purpose must be approved by Lessor. Lessor covenants and agrees that it is the owner of the demised parking lot, and that Lessee shall have quiet enjoyment thereof for the Agreement's duration. 7. REAL ESTATE TAXES: Lessor shall pay one-half of the real estate taxes assessed against the demised premises, and Lessee shall pay one-half of the real estate taxes assessed against the demised premises (i.e., the parking lot only; not the building currently housing a beauty/barber shop). For said real estate taxes, Lessor shall invoice annually the Lessee, via mail to the address listed for the Lessee in the Notices Section of this Agreement. 8. UTILITIES: Lessee shall pay for all utilities (if any) used on the parking lot during the term(s) of the Agreement. 9. PARKING LOT MAINTENANCE; PARKING LOT SIGNAGE: On a daily basis, the Lessee will keep and maintain the demised premises in a neat and orderly manner, free of trash, debris, and cigarette butts during the term(s) of this Agreement. Lessee shall maintain and/or add gravel to the demised premises when reasonably prudent/necessary to do so. Lessee shall also have the right to erect or place any appropriate and reasonable sign or signage on or in the parking lot during the Agreement's term(s). 10. DEFAULT: If Lessee defaults in the payment of rent as stated, or in any covenants, agreements, or conditions herein contained to be kept by Lessee, the Lessor shall provide Lessee with a written notice of such default, and Lessee shall have ten (10) calendar days to cure such default. If the default is not cured, the Lessor shall have the option to enforce this Agreement in any manner provided by the laws of Virginia, including, but not limited to, termination of Agreement and re-enter of the parking lot, and take possession thereof with or without process of law to distain for any rent payment(s) due. Lessee shall quit and surrender peaceably the parking lot back to the Lessor. 11. NOTICES: All notices shall be deemed given in writing, deposited in the United States mail in a sealed envelope with correct postage, thereon prepaid and registered, addressed to Lessor or Lessee, as the case may be at the address set forth below: Lessor: Curl's Rentals, Inc. Attn: Fred Curl 1261 Smith Mountain Road Penhook, Virginia 24137 Lessee: Page 2 of 6 P93 Pittsylvania County, Virginia Attn: Pittsylvania County Administrator 1 Center Street P.O. Box 426 Chatham, Virginia 24531 12. INSURANCE REQUIREMENTS: The Lessee shall provide to the Lessor a copy of the General Liability Insurance in the amount of $1,000,000 for injuries to any one (1) person and $100,000 for property damage. Lessee shall deliver certificates of such insurance to Lessor prior to occupying the parking lot. To the extent allowed by Virginia law, Lessee agrees to indemnify, defend and hold harmless the Lessee, and any or all reasonable claims, damages, liabilities, and expenses associated with damage or injury brought upon by third (3`d) parties. The Lessee shall name the Lessor on its insurance and certificates and shall waive any right to recover against the other for damage or any part thereof. 13. INSURANCE COVERAGE: All insurance coverage and insurance requirements shall be kept in force during the term of this Agreement. 14. NON -APPROPRIATION PROVISION: Notwithstanding any other provision in this Agreement to the contrary, if the County fails during any fiscal year to appropriate or allocate sufficient funds to pay the amounts to be paid by the County pursuant to the provisions of this Agreement which become due or payable during such fiscal year, then this Agreement and all the obligations of the County hereunder shall automatically terminate at the end of the fiscal year in which such non -appropriation occurs. The County agrees to use its reasonable efforts to obtain any necessary funding contemplated by this Agreement, on an annual basis. 15. RIGHT OF FIRST REFUSAL: During any term or terms of this Agreement, before Lessor may sell the parcel identified as Tax Map # 2426-01-1036 to a third (3`d) party, Lessor shall first offer the parcel identified as Tax Map # 2426-01-1036 for purchase to Lessee in writing, delivered by certified, U.S. Mail, to Lessee at the address given in the Notices Section of the Agreement. Lessee shall then have ten (10) business days following the date Lessor first presents Lessee such purchase offer to decide whether or not to try to negotiate a Purchase Agreement for the parcel identified as Tax Map # 2426-01-1036 with Lessor. If Lessee desires to try to negotiate said Purchase Agreement, Lessee shall, within said ten (10) -period, deliver to Lessor written notice thereof to Lessor's address contained in the Notices Section of the Agreement, delivered via certified, U.S. Mail. Promptly after receipt of such notice, the Parties shall commence good faith negotiations exclusively with each other for a period not to exceed ninety (90) days after the date Lessee gives the requisite notice to Lessor. If Lessor does not receive said notice within said ten (10) -period, or if Lessor receives said notice within said period, but Lessor and Lessee do not enter into a legally binding, written agreement for the purchase and sale of the parcel identified as Tax Map # 2426-01-1036 within said ninety (90) -day period, Lessor shall be free to enter into an agreement with a third (3`d) party on terms (considered as a whole) no more favorable to the third (3rd) party than Lessor offered Lessee. If Lessor does not enter into a legally binding, written agreement with a third (3`d) party within the ninety (90) day - period, Lessor's right to sell the parcel identified as Tax Map # 2426-01-1036 to a third Page 3 of 6 P94 (3`d) party shall expire and the procedure described in this Section shall be applicable again, and Lessor, prior to selling the parcel identified as Tax Map # 2426-01-1036 to a third (3`d) party, shall first (1") offer in writing to try to negotiate the sale of the parcel identified as Tax Map # 2426-01-1036 to Lessee. For the elimination of doubt, upon each repetition of this procedure, notice shall once again be due by Lessor to Lessee as described above. 16. WAIVER OF BREACH: The failure of Lessor to enforce one (1) or more of the terms or conditions of the Agreement, from time -to -time, shall not constitute a waiver of such terms or conditions upon subsequent or continuing breach. 17. ALTERATIONS OR IMPROVEMENTS: No alterations or improvements shall be made to the demised premises, with the exception of the aforementioned signs, by the Lessee without prior written consent of Lessor. Any and all alterations or improvements made to the demised premises shall be the property of Lessor at the termination of the Agreement. 18. ASSIGNMENTS AND SUBLEASE: No assignment or sublease of the rights of the Lessee under this Agreement shall be made without prior written consent of Lessor. 19. LESSOR'S RIGHT OF ENTRY: Lessor may, at reasonable times, enter upon the demises premises for the purpose of inspecting the same. 20. APPLICABLE LAW: This Agreement shall be construed according to the laws of the Commonwealth of Virginia. 21. VENUE: The legal venue for any litigation arising out of this Agreement shall be the appropriate court in the Commonwealth of Virginia. 22. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties. This Agreement may not be changed orally, but only by an agreement in writing, signed by both Parties. 23. BENEFIT: This Agreement shall inure to the benefit of, and shall bind the heirs, successors, and assigns of the Parties. Witness the following signatures and seals Page 4 of 6 P95 LESSOR: COMMONW ALTH F VIRGINIA COUNTY OF Q; BE IT REMEMBERED, that before me on this day of ai(=ice "beC , 2017, appeared Fz-p— u,r L , 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 s//et forth above . dfk NOTARY PUBLIC �-t�z gc143 .Wanda O'N&* Robertson j NOTARY PUBLIC Commornvealth of Virginia W . giAmmisslon Expires 5/31019 Page 9 of 6 P96 LESSEE: PITTSYLVANIA COUNTY, VIRGINIA BY: _ % V4L h^'� Name (Printed): Work Y"C A i COMMONWEALTH OF VIRGINIA COUNTY OF�. �,�an.4� BE IT REMEMBERED, that before me on this l hday of mbcY 2017, appeared '( CK Ar - M o ori. , 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, 4theet forth above.UBLIC �� APPROVED AS TO FORM I.- V4 J. Vaden Hunt, Esq. Pittsylvania County Attorney Page 6 of 6 P97 P98 PUBLIC HEARING P99 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Public Hearing to Dispose of Public Property SUBJECT/PRO POSAUREO UEST: Request for Public Hearing to Dispose of Public Property; GPIN #2530-38-6169 STAFF CONTACT(S): Mr. Smitherman; Mr. Hunt SUMMARY: AGENDA DATE: 09-19-2017 ACTION: CONSENT AGENDA: ❑ ROLL CALL VOTE: ATTACHMENTS: Yes REVIEWED BY: /id ITEM NUMBER: INFORMATION: ❑ The County has received a request from the Northside High School Museum to obtain property owned by the County; GPIN #2530-38-6169. On this property is the Nothside High School Monument Marker, which the Board of Superivosrs allowed the Northside High School Alumni to erect on the property. The property in question is a 0.064 acre plot the Board of Supervisors specifically sectioned off for the purpose of allowing the Alumni to erect the monument (see attached 12-20-2005 minutes) when the County sold GPIN #2530-39-4367 to Riverside Plumbing in 2005. The Alumni unveiled the completed marker September 1, 2006. As required by Virginia Code § 15.2-1800(B), the County duly advertised the notice of public hearing in the Chatham Star Tribune on August 30 and September 6, 2017. FINANCIAL IMPACT AND FUNDING SOURCE: Fair market value on the property identified as GPIN #2530-38-6169 is $900. As the County owns the property, there is no revenue loss if the property is disposed of. RECOMMENDATION: Staff recommends the Board to hold the public hearing, and after closing the hearing, to dispose of the property identified as GPIN #2530-38-6169. MOTION: Motion to dispose of the property identified as GPIN #2530-38-6169, and direct the County Attorney to proceed with the deed/title process. P100 PUBLIC HEARING NOTICE As required by Virginia Code § 15.2-1800(B), the Board of Supervisors of Pittsylvania County, Virginia, will hold a public hearing on Tuesday, September 19, 2017, at 7:00 p. m., in the General District Courtroom, located on the second floor of the Edwin R. Shields Courthouse Addition at I 1 Bank Street, Chatham, Virginia, 24531, to receive citizen input on the disposal of the following parcel of publicly owned property as follows: 0.064 of an acre plot located on the comer of Payne Street Extension in Gretna, Virginia; GPfNr #2530-39-4367. A full text and documents/materials related to this public hearing are available in the Pittsylvania County Administrator's Office, 1 Center Street, Chatham, Virginia. Monday through Friday, from 5:00 a.m. to 5:00 p.m., for public viewing.. and on the County's website at www.pittsylvaniacoujityva.gov. P101 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Request to Dispose of Public Property — Norlbside High School Museum S UBJECT/PROPOSAL/REOU EST: Request for Public Hearing to Dispose of Public Property; GPIN #2530-38-6169 STAFF CONTACT(S): Smitherman AGENDA DATE: ITLM NUMBER: 08-15-2017 14 ACTION: Yes ATTACHMENTS 1. Letter from Northside High School Museum 2. Map of Property/Tax Card 3. Excerpt from 12-20-2005 BOS meeting minutes 4. Deeds from previous property conveyances REVIEWED BY: �� BACKGROUND/DISCUSSION: The County has received a request fiom the Northside High School Museum to obtain property owned by the County; GPIN #2530-38-6169. On this property is the Notllside High School Monument Marker, which the Board of Superivosrs allowed the Northside High School Alumni to erect on the property. The properly in question is a 0.064 acre plot the Board of Supervisors specifically sectioned off for,the propose of allowing the Alumni to erect the monument (see attached 12-20-2005 minutes) when the County sold GPIN #2530-39-4367 to Riverside Plumbing in 2005. The Alumni unveiled the completed marker September 1, 2006. As required by Virginia Code § 15.2-1800(B), the County must advertise and hold a public hearing to dispose of any publicly owned property. RECOMMENDATION: If it is the Board's desire to dispose of aforementioned property, staff requires authorization from the Board to advertise the disposal. P102 Northside High School Museum 725 Corner Road Java, VA 24565 Tel. P (434)432-4545 (434)713-4299 EIN # 51-0631612 July 27, 2017 Mr. David M. Smitherman County Administrator, Pittsylvania County 1 Center Street P.O. Box 426 Chatham, VA 24531 Mr. Smitherson; This letter is in regards to the Northside High School (monument) marker that the Northside High School Alumni Association built on the Corner of Payne Street Extension and Northside High School Drive in Gretna. The Northside High School Alumni Association asked the Board of Supervisors for permission to erect this monument and it was granted. The marker was completed during the summer of 2006 and unveiled on September 1, 2006. The area where the marker is located covers .064 acres or 2,772 sq. ft. Since this marker was built, over the years many Northside High Alumni, citizens inside and outside of the community have traveled from far and near to see and appreciate the marker. We, the Northside High School Museum Committee would like to obtain the area where the marker is located from the County Board of Supervisors. We understand that if we are able to obtain this property from the county, we will be responsible for its upkeep. If the Board of Supervisors is willing to allow us to obtain this piece of property, please let us know the necessary procedures that we must follow. Thanks for any consideration given this matter. Sincerely, Silas Musgrove, Chairman Northside High School Museum Committee P103 STA -(E CORPORATION COMMISSION Wichmona; March 9, 2007 This is to cert that the certifi'cate of incorporation of Northside High Museum was this day issued and admitted to record in this office and that the said corporation is authorized to transact its 6usiness subject to af(Virginia Caws appdca6Ce to the corporation and its business. Effective date. March 9, 2007 State Corporation Commission 9 CI ppA710R �4Pd`gf, 7ly���.p� �� fittest. � N F- N C�,-�qftfie �mmusion X803 CIS0313 P104 INTERNAL REVENUE SERVICE 1JB5YAR'13'dL<-N1' UY XM -6 'd'Xu ,tWxx P. O. BOR 2508 c'vcnwATI, ON 45201 Employer identification Number: Date: �. r -r3_1=• OCT r_. 6 .,__, i Sti�� 51-0631612 DLN: 17053152043007 NORTHSIDE HIGH MUSEUM Contact Person: C/O SILAS 14USGROVE SALLY B DAVENPORT Mf 31050 725 CORNER RD contact Telephone Number: �'71VA, VA 24565 (877) 829-5500 Accounting Period Ending: December 31 Public Charity Status: 170 (b) (1) (A) (vi) Form 990 Required: Yes Effective Date of Exemption: March 9, 2007 Contribution Deductibility: Yes Advance Ruling Ending Date: December 31, 2011 Addendum Applies: No Dear Applicant: we are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 501(c)(3) of the internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records. Organizations exempt under section 501(c)(3) of the Code are further classified as either public charities or private foundations. During your advance ruling period, you will be treated as public charity. Your advance ruling period begins with the effective date of your exemption and ends with advance ruling ending date shown in the heading of the letter. Shortly before the end of your advance ruling period, we will send you Form 8734, support Schedule for Advance Ruling Period. You will have 90 days after the end of your advance ruling period to return the completed form. we will then notify you, in writing, about your public charity status. Please see enclosed Publication 4221 -Pc, compliance Guide for 501(c)(3) Public Charities, for some helpful information about your responsibilities as an exempt organization. If you distribute funds to other organizations, your records must show whether they are exempt under section 501(C)(3). in cases where the recipient Letter 1045 (DO/CG) P105 -2- N®RTHS%DR HIGH MUSEUM organization is not exempt under section 501(c)(3), you angst have evidence the funds will, be used for section 501(c)(3) purposes. If you distribute funds to individuals, you should keep case hietoriea showing the recipient's name and address: the purpose of the award: the tanner of f the recipient to any of your officers, selection; and the relationship o directors, trustees, members, or major contributors. Sincerely, Robert Choi Director, Exempt organizations Rulings and Agreements Enclosures: Publication 4221 -PC Statute Extension P106 Letter 1045 (DO/Co) ^ c cocoococ 0 0 00 0 Y 0 01 mf z ianmmASY vu m ��i a p W MYY4 Va'A'O9 F ££020pC0 u z O LL a p } P10S d Y mf W a e u z } Q N p N nh c a O G � 00 n Y x a h¢ o p I�OOn v ,-IW NMO C p YN a YE OVP.2C N Of H mo m,00 nam F.T n ow o o £ ✓ddJN pC VY\\L q QOd£U � LL O U N d F D M p U UO' QO £ N Y O N N d Q 6 6 N ` J ,G Q 6X V1 N i TW O f o x s d my z o ,nm Om O S K m JQ P10S Tuesday, December 20, 2005 Adjourned hfeeting Mr. Harville wished everyone a Merry Christmas and a Happy New Year. He is looking forward to seeing everyone the first of the year; he expressed sincere appreciate for every Board Member and their cooperation this past year, the Board, the Staff, Mr. Sleeper, Mr. Hawker, Mr. Light and the entire staff in County Department for the fine job they have done. He expressed what a humbling experience and honor to have served as Chairman this past year and is looking forward to a great New Year. Mr. Harville presented his thanks and a special token of appreciation on behalf of the Board of Supervisors and John P. Light, Legal Counsel to Dorothy J. Ciezkowski, Deputy Clerk of the Board, wishing her a special Merry Christmas with sincere thanks for her thoughtfulness throughout the year as Mr. Scearce so stated and a fine job well done. Countv Administrator's Report Mr. Sleeper mentioned that he and the Chairman on January 11, 2006 will be attending a State Prayer Breakfast in Richmond that is held annually. Mr. Sleeper also mentioned that the Legislative Day in Richmond will be on Thursday, February 9, 2006, and if any Board Member plans to attend that day and return the following day to let he or the Deputy Clerk know in order to make the necessary reservations. Mr. Irby, Mr. Davis, Ms. Berger, Mr. Barber and Mr. Harville will be attending with the County Administrator. Mr. Pritchett and Mr. Scearce will be unable to attend. Mr. Harville requested the County Administrator to make a note to make an appointment to see Joe May with E1T, while in Richmond during the Legislative Day February 9, 2006 who serves on the General Assembly, as he was unable to attend the groundbreaking of the Cyber Park. Mr. Sleeper mentioned that he would bring back to the Board the old Gretna Middle School request to transfer property from the Board of Supervisors to the Industrial Development Authority so they can deal with a proposed industry. He also mentioned a request from the Alumni Association to erect a monument in a small area in the comer of the property for the Northside High School, and stated that he intends to have the plat redrawn noting the small change to the property for this monument. He stated that the Alumni Association would be absorbing the cost of the monument which will be similar to the few the County already has, which is a small brick monument with an insert that will either show a picture of the school or the years that the Northside High School served there. Mr. Sleeper also mentioned that he has a request from Southside with the same request. Ms. Berger wanted to know the status of the auction of the old Gretna Middle School. Mr. Sleeper stated that the best time to hold the auction would be in the Spring. Mr. Harville acknowledged and thanked Mr. Odie Shelton, Zoning Administrator and Director of Code Compliance for his cooperation in working with the Board. Closed Session Upon a motion of Mr. Davis seconded by Mr. Irby, the board voted unanimously to go into closed meeting at 8:47 p.m. Pla9 GK 1503PG569 05--05821 Tax Parcel ID number 59A-24-145 This Deed prepared by: John P. Light, Attorney at Law 317 Patton Street Danville VA 24541 Without Benefit of Title Examination THIS DEED, made and entered into this 14°i day of June; 2005, by and between the School Board of Pittsylvania County, Virginia, acting by and through its drily authurized Division Superintendent, James E. ,'vlcDanicl, part}of the first part, Grantor, and the Board of Supervisors of Pittsylvania County, Virginia, acting by and through its duly authorized Chairman of the Board, Coy E. Harville, party of the second part, Grantee. m WHEREAS, the School Board of Pittsylvania County, Virginia has determined that it has CJ I C no use for the hereinafter described real property; and in WHEREAS, the School Board of Pittsylvania County, Virginia has determined that it is iUjf in the best interest of the School Board and the Board of Supervisors of Pitts yh:mia County,, 0 Virginia to convey title of the hereinafter described real property to the Board of Supervisors of Pittsylvania County, Virginia; and WI IEREAS, by resolution duly adopted by the School Board of Pittsylvania County, Virginia on the 14'1' day of June, 2005, a copy of which is attached hereto and incorporated in \, W this deed by reference, the School Board of Pittsylvania County, Virginia has determined that the hereinafter described real property is surplus and authorized its Division Superintendent, James E, McDaniel, to sign this deed on its behalf; now wherefore this deed. W ITNESSETH: That for and inconsideration of the sum of one dollar ($1.00), cash in hand paid.. and other good and valuable consideration, in receipt and sufficiency of which is hereby WILLIAMS, MORRISON, LIGHT AND MOREAU ATTORNEYS AT LAW DANVILLE. VIACINIA 24541.1213 Pilo 8k 1503PG570 acknowledged by the party of the first part, the said party of the first part does hereby grant, bargain, sell, and convey with SPECIAL WARRANTY OF TITLE unto the Board of Supervisors of Pittsylvania County, Virginia, its successors and assigns, the following described real estate, to -wit: FIRST: All those certain lots or parcels of land, with improvements thereon and all appurtenances thereunto pertaining, lying and being situate in the Callands-Gretna Magisterial District and the Town of (trema, Pittsylvania County, Virginia, consisting of lots A. B. C, D and E, containing in the aggregate 7.135 acres, by survey, with metes and bounds as shown on Plat of Survey made by John R. Bradner, Dew'herry and Davis, Inc., dated September 1, 2004, revised February 3. 2005, a copy of which plat is to be recorded contemporaneously with this deed and is incorporated in [lis deed by specific reference; and 131--ING that property conveyed unto the School Board of Pittsylvania County, Virginia by deed of S. H. Creasy and Maude E. Creasy, his wife, dated December 21, 1936, said deed being recorded in the Office of the Clerk of the Circuit Court of Pittsylvania County, Virginia in deed book 230, page 295: and that property conve'ed unto the County School Board of Piusykania County, Virginia by deed of James Miller and Sally Miller, his wife. dated June 12, 1952, said deed being recorded in the aforesaid Clerk's Office in deed book 336, page 555; and that property conveyed unto the Count School Board of Pittsylvania County, Virginia by deed of Albert G. Tippett and Audrey B. Tippett, his wife, dated May 16, 1964, said deed being recorded in the aforesaid Clerk's Office in deed book 443, page 572. to which deeds reference is hereby made for a more panicular description of the property which is the subject of this deed; and SECOND: All those certain lots or parcels of land. with improvements thereon and all appurtenances thereumo permining. lying and being situate in the Callands-Gretna Magisterial District and the Town of Gretna, Pittsylvania County, Virginia, shown on the aforesaid Plat of Survey made by John W Bradner, Dewberry and Davis, Inc.. lying to the East of Payne Street Extension, S.R. 1315 and to the North of Northside Drive, S.R. 792, and BEING that property conveyed unto the County School Board of Pittsylvania County, Virginia, by deed of R. C. Vaden and Kate P. Vaden. his wife, dated July 10, 1941, said deed being recorded in the aforesaid Clerk's Office in deed book 251, page, 49, to which deed and plat reference is here made for a more particular description of the property which is the subject of this deed; and THIRD: All that certain lot or parcel of land, with improvemcnis thereon and all appurtenances :hereunto pertaining, lying and being situate WILLIAMS, MORRISON, LIGHT AND MOREAU ATTORNEYS AT l,w DANVILLE, VIRGINIA 24541- 12 13 P111 8h 1503PG5 7 1 in the Callands-Gretna Magisterial District and the Town of Gretna. Pittsylvania County. Virginia, and lying, BEING and adjoining the southern margin of Northside Drive, State Road 792 and cunulining 7.55 acres, per survey, and being that same property conveyed unto the County School Board of Pittsylvania County, Virginia. by deed of C. .I, Payne, et. al. dated November 27, 1964, said deed being recorded in the aforesaid Clerk's Office in deed boot: 465, page 555; to which deed reference is herein made for a more particular description of the proper[), which is the subject of this deed; and FOURTH: Any and all rights conveyed unto the School Bond of Pittsylvania County, Virginia by that Agreement and Deed of Easement made by Maude E. Creasy, widow, dated September 22, 1952, said Deed of Easement being recorded in the aforesaid Clerk's Office in deed book 338, page 579. . In compliance with Dte provisions of Section 15.2-1803 of the Code of Virginia, 1950, as amended, this deed is in the forst approved by John P. Light, County Attorney for Pittsylvania Cowtty. Virginia as evidenced by his execution hereof. In compliance with the provisions of Section 15.2-1803 of the Code ol' Virginia. 1950. as amended, this decd is accepted by Coy E. Harville, Chairman of the Board of Supervisors of Pittsylvania County, Virginia, on behalf of the Board of Supervisot:s of Pittsylvania Coutuy, Virginia. he having been authorized to so act on behalf of said County by Resolution duly adopted by the Board of Supervisors of Pittsylvania County at a meeting held on June 21. 2005. This deed is exempt from recordation taxes imposed by Section 58.1-801, 58.1-802.58.1 803, and 58.1.807 pursuant to the provisions of Section 58.1-811 A. C, D. and E. Code of Virginia, 1950, as amended. WITNESS the following signatures and seals: WILLIAMS, MORRISON, LIGHT AND MOREAU ATTORNEYS AT L w DANVILLE, VIRGINIA 245411213 P112 BK 1503PG572 Attest: THE SCHOOL BOARD OF PITTSYLVANIA COUNTY, VIRGINIA B)' -L. At � (SEAT.) James McDaniel, -Division Superintendent, School Board of Pittsylvania County, Virginia JaneYF. Hancock, Clerk School Board of Pittsylvania County, Virginia THE BOARD OF SUPERVISORS OF PITTSYLVAAIIA COUNTY,VIRGINIA ByC StleC�hainnin (SEAL) Coy E. Board of Supervisors of Pittsylvania County. Virginia COUNTY ATTO FjF�)RPI'1'ISYLVANIA COUNTY IN John iPrsy t,ia ily. Virney ginia For P� se1v� Ia � ut }•. Virginia Attest: William D. Sleeper, CI rk Board of Supervisors of Pittsylvania County, Virginia WILLIAMS. MORRISON, LIGHT AND MOREAU ATTORNEYS AT LAv DANVILLE, VIRGINIA 24541-1213 P113 6K 1503PG573 STATE G1NIA, CITY OIJNT TO -WIT: The foregoing instrument was rcknowledged before me by James E. McDaniel. Division Superintendent, School Board of Pittsylvania County, Virginia, on this Ke- "'day of 2005. TZIARY PUBLIC My commission expires: /,� . �/ , 00,5` STATE OF VIRGINIA, C–FI=1 /COUNTY OF 5 1 stn u e� TO -WIT: The foregoing instrument was acknowledged before me by Coy E. I larville. Chairman, Board of Supervisors of Pittsylvania County, Virginia, on this �_L'± day of 2005. NOTARY UBLIC My commission expires: STATE OF VIRGINIA, \ efT-Y/COUNTY OF.. Q�{ �sQ�u.� TO -WIT; The foregoing instrument was acknowledged before me by John P. Light. Countv Attorney for Pittsylvania County, Virginia, on this a 0± day of 5IT,� , _i005. A,Y0 A, -'k NOTAY UBLIC � �— My commission expires: WILLIAMS, MORRISON, LIGHT AND MOREAU ATTORNEYS AT LAV! DAWILLE, VIRGINIA 24541.1219 P114 Prepared by: Radford b. W'andrel, P.C. r U V V { �5 I'MV 17 :!Rotum to* '12 South Bridge Bad ord, VA 2 523 t Conefderation: 123,500.00 asasaaed Value: $369,900.00 Tax Map # 2530-3B-4367 THIS DEED, made this the 30" day of October, 2014, by and between RIVERVIEW PLUMBING & HEATING, INC., a Virginia corporation, Grantor; and OWEN HOLDINGS. LLC, a Virginia Limited Liability Company, Grantee. * W I T N E S S E T H* That for and in consideration, of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, cash in hand paid, the receipt of which is hereby acknowledged, the said Grantor does hereby GRANT and CONVEY with GENERAL WARRANTY and ENGLISH COVENANTS of title as provided by Section 55-70 of the Code of Virginia, as amended, unto the Grantee, all of the hereinafter described real property, and being more particularly described as follows, to -wit: All that certain tract or parcel of land, and all appurtenances thereunto pertaining, lying and being situate in the Town of Gretna, Pittsylvania County, Virginia, containing 6.447 acres, (the "Premises"), by survey, with metes and bounds as shown on Plat of Survey for: Pittsylvania Board of Supervisors (old Gretna Middle School property) made by John R. Bradner, Dewberry and Davis, Inc., Land Surveyors, dated September 1, 2004, revised February 3, 2005, revised January 25, 2006, a copy of which plat is recorded in the Office of the Clerk of the Circuit Court of Pittsylvania County, Virginia (the "Clerk's Office"), in Map Book 44, page 16E, said plat being incorporated herein by reference; LESS AND EXCEPT that certain lot containing 1.349 Prepared by: Steven C. Wandrei VSB # 66052 RADFORD & WANDREI, P.C. ATTORNEYS AT LAW ]BEDFORD, VIRGINIA 1 P115 acres which was conveyed to Norther9G1QQtJ�lQJJ"2county Food Center, Inc. by deed dated August 17, 2012, of record in the aforesaid Clerk's Office as Instrument Number 120004646; and LESS AND EXCEPT that parcel of land containing 1.48 acres which was conveyed to Spider Creek Properties, L.L.C., by deed dated December 6, 2013, of record in the aforesaid Clerk's Office as Instrument Number 1.30007601. Being the remainder of the property granted and conveyed to the said Riverview Plumbing & Heating, Inc. by Industrial Development Authority of Pittsylvania County, Virginia, by deed dated July 13, 2006, of record in the aforesaid Clerk's Office as Instrument Number 060005682. This conveyance and the warranties herein contained are expressly subject, however, to all easements, rights of way, conditions, reservations and restrictions affecting said real estate and now binding thereon as the same may be set forth or referred to in prior recorded deeds thereto or plats thereof. WITNESS the following signature and seal. RIVERVIEW PLUMBING & HEATING, INC. Bys_Lfl /n (SEALI // Its: fie" r�lrn�� STATE OF f4� CITY/COUNTY OF I The foregoing instrument was acknowwlle�d_ge(d� before me this the day of a121� , 2014, by of RIVERVIEW PLUMBING & HEATING, b\AyN f. Wit Virginia corporation. AY 4e" Notary Public =r.V My commission expires D-140.2,CALI Msn#m)/9-1-15 /owenhol di nge.dee +++„q",p Prepared by: Steven C. Wandrei VSB # 66052 RADFORD do WANDREI, P.C. ATTORNEYS AT LAW BEDFORD, VIRGINIA INSTRI MENT #1400055D5 RECORDED IN THE CLERK'S' OFFICE 0 FITTS'r'LI NIA CO:RdTY ON NOVEMBER 479 201f Al 02:45M 4361.50 G"r.ANTOR TAX WAS PAID A3 REOUIRED E'i SEC 58011-802 OF THE VA. CODE” 2 STATE: 4:80.75 LOCAL: $130.75 Ho Fo HA?MORE" rLERMh RECORDED B`,: TSi: P116 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Public Hearing: Applicaton for Real Estate Exemption SUBJECT/PROPOSAL/REQUEST: Public Hearing: Application for Real Estate Property Exemption by Designation from New Prospect Baptist Church STAFF CONTACTS : Mr. Smitherman; Mr. Hunt SUMMARY: AGENDA DATE: 09-19-2017 ACTION: R1 CONSENT AGENDA: ❑ ROLL CALL VOTE: ATTACHMENTS: Yes REVIEWED BY: l% " ITEM NUMBER: 8 INFORMATION: ❑ The New Prospect Baptist Church has submitted two (2) Applications for Real Estate Exemption by Designation to the Commissioner of the Revenue's Office for consideration by the Board. The first application is for GPIN #2555-07-2398 on which sits a house currently located on the parcel that is used for a clothes closet and for youth activities, as well as for parking of the church bus and church car. The second application is for GPIN #2555-07-2288 on which sits a house currently being occupied by an elderly couple rent free. (see letter from the church attached with this application). The Commissioner of Revenue's Office notes that if any of the property used does not fit the "exclusive use" of the church, their office can assess part of the property while applying the exemption to the aualified oortion. FINANCIAL IMPACT AND FUNDING SOURCE: GPIN #2555-07-2398 has an assessed value of $56,100, with a $390.00 tax levy loss if exempted. GPIN #2555-07-2288 has an assessed value of $47,000, with a $277.30 tax levy loss if exempted. RECOMMENDATION: Staff recommends the Board to hold the public hearing, and submits this to the Board of Supervisors for their consideration. MOTION: If the Board chooses to proceed, a motion to exempt one, or both, properties is required, along with a Roll Call Vote. P117 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a public hearing on Tuesday, September 19, 2017, at 7:00 p.m., in the Pittsylvania General District Courtroom, located on the second floor of the Edwin R. Shields Courthouse Addition, 11 Bank Street, Chatham, Virginia, 24531, to receive citizen input on a proposed amendment to Chapter 6-6.3, Property Exempt by Classification or Designation; of the Pittsylvania County Code to include real estate property owned by the New Prospect Baptist Church; GPIN #2555-07-2288 and GPIN 42555-07-2398. A complete text of the proposed change is available in the Piusylvania 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. P118 �'JIC', i i.ln� fhlNilllu: f. nl±)WI,:L41.1 July 26, 2017 OFFICE OF COMMISSIONER OF THE REVENUE Mr. David Smitherman Pittsylvania County Administrator PO Box 426 Chatham, VA 24531 Irl I I>l l A,1AI A( Ul'iA I1 11( 71 I \ I\l:\2 RE APPLICATIONS FOR REAL ESTATE PROPERTY EXEMPTION BY DESIGNATION Dear Mr. Smitherman: i-1.•a,ii_-74411 l i.•a )b>h ;Inilc, Itmunnrt =r pine) urp Enclosed please find two applications for real estate property exemption by designation for New Prospect Baptist Church, Inc. at PO Box 547 Hurt, VA 24563. The first application for parcel 2555-07-2398 indicates the house currently located on the parcel is used for a clothes closet and youth activities as well as church bus and car parking. The second application for parcel 2555-07-2288 indicates the house currently located on the parcel is being occupied by an elderly couple rent free. (See letter of explanation enclosed in packet) I have completed the loss of revenue on the parcels in their entirety should the Board vote to totally exempt the properties, however please take note if any of the property use does not fit the "exclusive use of the church we can assess part of the property while applying the exemption to the qualified portion. Should you have any questions, please call. Regards. Shirley Vk Commissioner of the Revenue SYH Enclosures P119 PITTSYLVANIA COUNYY, VIRGINIA oz SHIRLEY Y HAMMOCK, COMMISSIONER of THE REVENUEPO Box 272 Chatham, VA 24531 Phone: 434-432-7940 Fax: 434-432-7957Email: shirley.hammock@pittgov-org i+ Website:v✓ww.oittsvlvaniacountyva.gov REAL ESTATE/PERSONAL PROPERTY TAX EXEMPTION WORKSHEET FOR EXEMPT REVENUE (10 BE COMPLETED BY COMMISSIONER Of IHf REVENUE Ofr ICF APPLICANT: New Prospect Baptist Church 1'vc- REALESTATE: REQUESTED PARCEL ID(S) ASSESSED VALUE LEVY 2555-07-2398 $ 56,100 $330.99 PERSONAL PROPERTY: DESCRIPTION OF PROPERTY ASSESSED VALUE LEVY TOTAL LOSS OF REVENUE IF EXEMPT: §330.99 Date of public hearing: Approved or Disapproved: Effective Date of exemption: Signature of County If approved, exemption granted only for above listed items. Any changes to property must be reported to the County for an addendum to the adopted ordinance. (Please submit copy to Commissioner of the Revenue after public hearing and Board of Supervisor action taken) P120 (FOR ANY ANSWERS THAT REQUIRE MORE SPACE, PLEASE INCLUDE ATTACHMENTS) ryryAPPLICATION FOR: REAL ESTATE Y PERSONAL PROPERTY ❑ BOTH ❑ TAX PARCEL ID# d SSS® 1 �L 3 i 9 ACREAGE: CJ• a (IF REAL ESTATE) n r t� APPLICANT ORGANIZATION: Ag ia � ,® o -s c-cr 13-A F I hEr6' RC'4 ^J a ��� ) D n Pl . , rt. --1 0 V 1r-. 1% A 2YJ_ MAILING ADDRESS: ((STREET) ryY FEDERAL ID#=_ V [-yZ- 0 2 PROPERTY ADDRESS: S -(is I Qr+ LEGAL DESCRIPTION OF PROPERTY: f IROS PCG1 R U A,,y (REAL ESTATE) PERSONAL PROPERTY: ATTACH A SCHEDULE SHOWING ALL PERSONAL PROPERTY FOR WHICH EXEMPTION IS REQUESTED. SCHEDULE MUST INCLUDE VEHICLE IDENTIFICATION NUMBERS AS WELL AS A COMPLETE DESCRIPTION. NOTE: IF EXEMPTION APPROVED AND ADDITIONAL PROPERTY OBTAINED, A NEW LIST MUST BE FILED WITH THE COUNTY ADMINISTRATION REQUESTING THE ADDITIONAL PROPERTY BE INCLUDED IN THE EXEMPTION ORDINANCE. PLEASE ANSWER THE FOLLOWING QUESTIONS REGARDING THE ORGANIZATION: 1. INDICATE THE TYPE OF EXEMPTION DESIRED: CLASSIFICATION: DESIGNATION: 2. IS THE PROPE TY OWNERSHIP CHARTERED OR INCORPORATED UNDER THE LAWS OF THE COMMONWEALTH OF VIRGINIA? YES NO (IF YES, ATTACH A COPY OF THE CHARTER) 3, FOR WHAT PURPOSE IS THE OWNERSHIP CHARTERED, INCORPORATED OR OTHERWISE IN EXISTANCE? o Cii7deNf�- "Em a rrrL'M-I '- r7ilmr.'eiA� ��} <a <e�a�SPawlx. fm �S�#I0 J dApY PJru* t`v� P' capes 4. FOR WHAT PURPOSE IS THE PROPERTY BEING USED? PLEASE BE SPECIFIC AND INCLUDE USE OF ACREAGE, IF APPLICABLE. IF THERE ARE SEVERAL TYPES OF USE, INDICATE SUCH USAGES BY ACRES OF THE BUILDING, FLOOR LOCATIONS AND LAND ALLOCATIONS. ACRE,/AGE/PORTION DESCRIPTION OF USE ® �j BEGINNING DATE p g/� i A�zk!!Jd✓ G -f l+�'C F'612 CA-uE.Khi OV -5 kAol-af uSgl7 poi CLo*r(W C 144A.0 P121 PITTSYLVANIA CC)UNTY, VIRGINIA Shirley Y. Hammock. Commissioner o1 the Revenue i 4> PO Box 272 Chatham, VA 24531AkY.la;tli Phone: 434-432-7940 Fax: 434-432-7957 4, `'�-"s'`"• Email; shirlev.hammock iltgov org Website www oitisvlvanlacountvva.gov APPLICATION FOR REAL ESTATE -PERSONAL PROPERTY EXFMPTION BY QUALIFYING CLASSIFICATION OR DESIGNATION (FOR ANY ANSWERS THAT REQUIRE MORE SPACE, PLEASE INCLUDE ATTACHMENTS) ryryAPPLICATION FOR: REAL ESTATE Y PERSONAL PROPERTY ❑ BOTH ❑ TAX PARCEL ID# d SSS® 1 �L 3 i 9 ACREAGE: CJ• a (IF REAL ESTATE) n r t� APPLICANT ORGANIZATION: Ag ia � ,® o -s c-cr 13-A F I hEr6' RC'4 ^J a ��� ) D n Pl . , rt. --1 0 V 1r-. 1% A 2YJ_ MAILING ADDRESS: ((STREET) ryY FEDERAL ID#=_ V [-yZ- 0 2 PROPERTY ADDRESS: S -(is I Qr+ LEGAL DESCRIPTION OF PROPERTY: f IROS PCG1 R U A,,y (REAL ESTATE) PERSONAL PROPERTY: ATTACH A SCHEDULE SHOWING ALL PERSONAL PROPERTY FOR WHICH EXEMPTION IS REQUESTED. SCHEDULE MUST INCLUDE VEHICLE IDENTIFICATION NUMBERS AS WELL AS A COMPLETE DESCRIPTION. NOTE: IF EXEMPTION APPROVED AND ADDITIONAL PROPERTY OBTAINED, A NEW LIST MUST BE FILED WITH THE COUNTY ADMINISTRATION REQUESTING THE ADDITIONAL PROPERTY BE INCLUDED IN THE EXEMPTION ORDINANCE. PLEASE ANSWER THE FOLLOWING QUESTIONS REGARDING THE ORGANIZATION: 1. INDICATE THE TYPE OF EXEMPTION DESIRED: CLASSIFICATION: DESIGNATION: 2. IS THE PROPE TY OWNERSHIP CHARTERED OR INCORPORATED UNDER THE LAWS OF THE COMMONWEALTH OF VIRGINIA? YES NO (IF YES, ATTACH A COPY OF THE CHARTER) 3, FOR WHAT PURPOSE IS THE OWNERSHIP CHARTERED, INCORPORATED OR OTHERWISE IN EXISTANCE? o Cii7deNf�- "Em a rrrL'M-I '- r7ilmr.'eiA� ��} <a <e�a�SPawlx. fm �S�#I0 J dApY PJru* t`v� P' capes 4. FOR WHAT PURPOSE IS THE PROPERTY BEING USED? PLEASE BE SPECIFIC AND INCLUDE USE OF ACREAGE, IF APPLICABLE. IF THERE ARE SEVERAL TYPES OF USE, INDICATE SUCH USAGES BY ACRES OF THE BUILDING, FLOOR LOCATIONS AND LAND ALLOCATIONS. ACRE,/AGE/PORTION DESCRIPTION OF USE ® �j BEGINNING DATE p g/� i A�zk!!Jd✓ G -f l+�'C F'612 CA-uE.Khi OV -5 kAol-af uSgl7 poi CLo*r(W C 144A.0 P121 Continued Applicant: ,f 6V—. 6J��L� �f 6i��la` 5. DOES ANY OTHER INDIVIDUAL, ORGANIZATION, ASSOCIATION OR CORPORATION OCCUPY OR USE ANY PART OF THE PREMISES? YES NO IF YES, PLEASE GIVE DETAIL: (HOW OFTEN, WHAT PART OF THE BUILDING OR PROPERTY, NAME OF ORGANIZATION) & IS ANY INCOME, BE IT EARNEST MONEY OR IN KIND SERVICES, RECEIVED FROM THE USE OF ANY PORTION OF THE PROPERTY BY OTHER INDIVIDUALS OR GROUPS, WHETHER CONSIDERED AS RE T OR REIMBURSEMENT FOR NECESSARY EXPENSED FOR SERVICES INCURRED? YES NO IF YES, PLEASE GIVE DETAIL', 7. DOES YOUR OWNERSHIP GROUP HAVE AN EXEMPTION UND R U.S. INTERNAL REVENUE CODE SO THAT GIFTS TO YOUR GROUP ARE DEDUCTIBLE BY THE DONOR? YESNO (A) IF YES, GIVE DATE OF INTERNAL REVENUE RULING: A�AU1-# ^1A-tT- -EL Ua/ FoA C I%"t4s5 (B) GIVE INTERNAL REVENUE IDENTIFICATION NUMBER: -TOC 8. HAS THE ABC BOARD ISSUED A CURRENT ANNUAL ALCOHOL BEVERAGE LICENSE FOR SERVING ALCOHOL BEVERAGES O THE ORGANIZATION FOR USE ON THE PROPERTY FOR WHICH TAX EXEMPTION IS SOUGHT? YES NO t*�" 9. DOES ANY DIRECTOR, OFFICER, OR EMPLOYEE OF THE ORGANIZATION RECEIVE COMPENSATION IN EXCESS OF A REASONABLE ALLOWANCE FOR SALARIES OR OTHER COMPENSATION FOR PERSONAL SERV i S WHICH SUCH DIRECTOR, OFFICER, OR EMPLOYEE ACTUALLY RENDERS? YES NO 10, DOES THE ACTIVITIES OF THE ORGANIZATION INVOLVE CARRYING ON PROPAGANDA, OR OTHERWISE ATTEMPTING TO INFLUENCE LEGISLATION AND DOES THE ORGANIZATION PARTICIPATE IN OR INTERVENE IN ANY PO AL CAMPAIGN ON BEHALF OF ANY CANDIDATE FOR PUBLIC OFFICE? YES NO 11, REQUIRED DOCUMENTATION (A) ATTACH TO THIS APPLICATION YOUR MOST RECENT FINANCIAL STATEMENT, INCLUDING, WHERE APPLICABLE, IRS FORMS 900; 990; 990EZ, 990T, REFLECTING INCOME AND EXPENDITURES FOR THE MOST CURRENT TWELVE (12) L40NTH REPORTING PERIOD, WHICH STATEMENT WILL BECOME A PART OF THIS APPLICATION. THE ATTACHED - A/ 0-r p�Q URI.. E� f'Pt� 100 .Streif P` FINANCIAL STATEMENT IS FOR THE PERIOD FROM TO (B) ATTACH A COPY OF SAID ORGANIZATION'S IRS SECTION 501 (C) (3) STATUS CERTIFICATION OR DOCUMENTATION. (C) ATTACH A COPY OF THE ORGANIZATION'S CONSTITUTION, BY-LAWS, ARTICLES OF INCORPORATION, AND/OR OTHER RELATED DOCUMENTS. (D) ATTACH A LIST REFLECTING THE NAMES OF ALL TRUSTEES OR CORPORATE/ORGANIZATION OFFICERS, THE DATE APPOINTED OR ELECTED, AND THE COURT IN WHICH THEY QUALIFIED OR IDENTIFY THE INSTRUMENT IN WHICH THEY WERE OFFICIALLY APPOINTED. P122 Continued Applicant: /J C- epos fficr 17AMU-1 6 (E) IF INVESTMENTS, SUCH AS STOCKS OR BONDS, ARE REFLECTED ON THE FINANCIAL STATEMENT, ATTACH A LIST OF ALL SUCH INVESTMENTS, INCLUDING NAME OF STOCK, DATE RECEIVED AND VALUE. (F) IF APPLYING FOR EXEMPTION BY DESIGNATION, YOU WILL BE RESPONSIBLE FOR THE APPLICABLE COST FOR THE PUBLICATION NOTICE AS REQUIRED UNDER VA. CODE §58.1-3651. YOU SHALL RECEIVE AN INVOICE FOLLOWING THE ADVERTISEMENT FOR EXEMPTION AND PAYMENT SHALL BE MADE TO PITTSYLVANIA COUNTY PRIOR TO BOARD CONSIDERP.TION. NOTE: IF PAYMENT NOT RECEIVED PRIOR TO PUBLIC HEARING APPLICATION WILL CONSIDERED WITHDRAWN. NCES THAT THE GOVERNING BODY DEEMS PERTINENT TO THE ADOPTION (G) ANY OTHER CRITERIA, FACTS AND CIRCUMSTA OF SUCH ORDINANCE. (APPLICANT WILL BE NOT IFIED IF NEEDED). APPLICATION COMPl E7ED 6Y; a�g°%`a s 4. 1 &-' ✓ JM I S � � d ,p�rICUt? I Dj j?CCj$� DATE SUBMITTED: TITLE: S V Q e 1� ' nr ��!f CONTACT PERSON] PERSON /✓�ID����� P a�JF/7Rf ar�%7 .fH'd j- d TELEPHONE NUMBER: (434) 307-1-17Y G5 J AN APPOINTED OR ELECTED TRUSTEE(OFFICER FOR THE ABOVE ,-, NAMED ORGANIZATION, CERTIFY UNDER PENALTY OF LAW THAT THIS APPLICATION AND ALL ATTACHMENTS HERETO HAVE BEEN ��,""" APRIL A. PAORRIS EXAMINED BY ME AND ALL INFORMATION IS TRUE ND CORRECT. P NOTARY PUBLIC Corrar�cnwea!th ci Virgirna /..� Reg #7038309�� ZT SIGNATURE OF TRUSTEE/OFFICER: j- l DATE: 1 ` TITLE: R 15 L1 QCR SUBSCRIBED AND SWORN - NOTARY PUBLIC: _1 MY COMMISSION EXPIRES' OF P123 NEW PROSPECT BAPTIST CHURCII 1140 Acct : 232376 f t: II A':'l.: Dace : 06/04/16 Cls: I hP P 0 BOX 547 BY./Pa: 1-kI6/U3814 2c' Mb/Lt: B44/215F N1,11; IG0 09a NUT, VA ]4543 Con.= 5NO0t1 P. : OI iAVEL, En: 1 By Bcth:9 Iter Sirt Ralx )al., Ilse : Ol rl SINGLE FA'1 ElE9 area NN Ce.e; feel: Heac FloOR 765 -1.NO ,-)^4 YI Pit 145E A/C 110 CH 764 0.cl. 0 Yr Rmd Bath= I.0 0 C.ontl r13 FAIR Atic Ufir. style 01 RANCH ALCC Fir, Nbt Sty; 1.0 Fp FOUf,d LO: 01 CINDER BLO'_N BSW 764 12,CG 5409 W) stz, 01 WOOD 040'_ Ext :VINYL. SIDINC Rocf: 01 COMPOSITION P FsIt: 754 Foe: C At 1. 0 F'ic: Brs: 4 H,, LittreF I fl 0 rp: 0 rnny: n fl, CFAFFT nt:N2 SHEET P:d'f:l DR}F:ALI. C,. .-. El do SubT] Rt, Gtd Rtt D -t '.NO Anp)c Ply, -All RT 04 SC,`, FRDSPLC'I' RD FunC 0 Eron 0 p rr ml' ,nr Mbd Bl',, Val •"OEHtt. 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N'ea to 6, 1mx 6i-nepn vmrc+m,<vae. . o. upiPeletklcAeastl PFt •. e! c�.wm sneers r+e q r5'm �'Cn aar. 1'i'bl Mq��e Pr�n 'Mpn�err,2van as .e Ya Me �u v uW�M na'ii •s.��itM3a nY.,Ocr'.nNP. uw ewlLw LrA1uluao rWg¢i�tiF.4�k4e"6'� .,e�or rr..,m, P125 (00,40— P125 ©o, 0— 11 YI PITTSYLVANIA COUNTY, VIRGINIA SHIRLEY Y. HAMMOCK, COMMISSIONER OF THE REVENUE PO Box 272 Chatham, VA 24531 " Phone: 434-432-7940 Fax: 434-432-7957 e �.,A Email: shirley.hammock@pittgov.org Website: wwwoitfsylvaniacountwagov REAL ESTATE/PERSONAL PROPERTY TAX EXEMPTION WORKSHEET FOR EXEMPT REVENUE (1,1 FL COMPIr Irn NV C 0101001 4110R or ll@ Rfv[rml n1f:: r. APPLICANT: New Prospect Baptist Church iaC REAL ESTATE: REQUESTED PARCEL ID(S) 2555-07-2288 PERSONAL PROPERTY: DESCRIPTION OF PROPERTY ASSESSED VALUE $ 47,000 LEVY $277.30 ASSESSED VALUE LEVY TOTAL LOSS OF REVENUE IF EXEMPT: $277.30 Date of public hearing: Approved or Disapproved: Effective Date of exemption: Signature of County Official:, If approved, exemption granted only for above listed items. Any changes to property must be reported to the County for an addendum to the adopted ordinance. (Please submit copy to Commissioner of the Revenue after public hearing and Board of Supervisor action taken) P126 r ' 0 PITTSYLVANIA COUNTY, VIRGINIA Shirley Y Hammock, Commissioner o/!he Revenue "; )' t' PO Box 272 Chatham, VA 24531 .4 Phone: 434-432-7940 Fax: 434-432-7957 Email: shirleYhammockapitlgov.org � Website www DittsvlvaniaC0Untvvag0v APPLICATION FOR REAL ESTATE -PERSONAL PROPERTY EXEMPTION BY QUALIFYING CLASSIFICATION OR DESIGNATION (FOR ANY ANSWERS THAT REQUIRE rM—ORRE SPACE, PLEASE INCLUDE ATTACHMENTS) APPLICATION FOR: REAL ESTATE (� PERSONAL PROPERTY ❑ BOhH ❑ TAX PARCEL ID# e+VSJ �7��' FS' ACREAGE:. Q' `rye) (IF REAL ESTATE) APPLICANT ORGANIZATION: NC -7w PROs F1rcr ICA r -rbrr C) uvkcH y Nc- MAILING ADDRESS: V FEDERAL ID#: V T^" d -9 2 `R 0 (,6 PROPERTY ADDRESS: Al- 4 3'1 Pia drCC _ IRJ AP b ar's -7-9, ZIP (REAL ESTATE) l LEGAL DESCRIPTION OF PROPERTY: ! R 4 J Pr Li' !L d � AJ iZ (REAL ESTATE) PERSONAL PROPERTY: ATTACH A SCHEDULE SHOWING ALL PERSONAL PROPERTY FOR WHICH EXEMPTION IS REQUESTED. SCHEDULE MUST INCLUDE VEHICLE IDENTIFICATION NUMBERS AS WELL AS A COMPLETE DESCRIPTION. NOTE: IF EXEMPTION APPROVED AND ADDITIONAL PROPERTY OBTAINED, A NEW LIST MUST BE FILED WITH THE COUNTY ADMINISTRATION REQUESTING THE ADDITIONAL PROPERTY BE INCLUDED IN THE EXEMPTION ORDINANCE. PLEASE ANSWER THE FOLLOWING QUESTIONS REGARDING THE ORGANIZATION: 1. INDICATE THE TYPE OF EXEMPTION DESIRED: CLASSIFICATION. DESIGNATION: 2. IS THE PROPERTY OWNERSHIP CHARTERED OR INCORPORATED UNDER THE LAWS OF THE COMMONWEALTH OF VIRGINIAS YES ✓OPNO (IF YES, ATTACH A COPY OF THE CHARTER) 3. FOR WHAT PURPOSE IS THE OWNERSHIP CHARTERED, INCORPORATED OR OTHERWISE IN EXISTANCE? GpA t:g 12 urlu.���tbR GNJ�RttA�4 QcLlseo+�r �e♦u a/atroNk� �v�pouS (� r A t Fyw is AS /-!.v "rm P 1® rk4 s,✓ l a^ dt"ctra r ,-Cj C cl C 3 or_ tk G A -Y Pvrw-� 4. FOR WHAT PURPOSE IS THE PROPERTY BEING USED? PLEASE BE SPECIFIC AND INCLUDE USE OF ACREAGE, IF APPLICABLE. IF THERE ARE SEVERAL TYPES OF USE, INDICATE SUCH USAGES BY ACRES OF THE BUILDING, FLOOR LOCATIONS AND LAND ALLOCATIONS. ACREAGE/PORTION DESCRIPTION OF USE BEGINNING DATE P127 Continued Applicant: IV14W m 0,%0rb � aANa- c 5. DOES ANY OTHER NDIVIDUA ORGANIZATION, ASSOCIATION OR CORPORATION OCCUPY OR USE ANY PART OF THE 5. DOES ANY OTHER CNDIVIDIUA PREMISES? YES t�No IF YES, PLEASE GIVE DETAIL: (HOW OFTEN, WHAT PART OF THE BUILDING OR PROPERTY, NAME OF ORGANIZATION) 6. IS ANY INCOME, BE IT EARNEST MONEY OR IN KIND SERVICES, RECEIVED FROM THE USE OF ANY PORTION OF THE PROPERTY BY OTHER INDIVIDUALS OR GROUPS, WHETHER CONSIDERED AS REN REIMBURSEMENT FOR NECESSARY EXPENSED FOR SERVICES INCURRED? YES NO IF YES, PLEASE GIVE DETAIL: 7. DOES YOUR OWNERSHIP GROUP HAVE AN EXEMPTION �ER U.S. INTERNAL REVENUE CODE SO THAT GIFTS TO YOUR GROUP ARE DEDUCTIBLE BY THE DONOR? YES ��. NO (A) IF YES, GIVE DATE OF INTERNAL REVENUE RULING: r'L Iv C/Vt GAJ FDJL e Rv L.C.-O� Er Av116Gi" f P lull Pill?, uwvk bh, Me (B) GIVE INTERNAL REVENUE IDENTIFICATION NUMBER: 'cv t cd) S. HAS THE ABC BOARD ISSUED A CURRENT ANNUAL ALCOHOL BEVERAGE LICENSE FOR SERVING ALCOHOL BEVERAGES TO THE ORGANIZATION FOR USE ON THE PROPERTY FOR WHICH TAX EXEMPTION IS SOUGHT? YES _ NO 9. DOES ANY DIRECTOR, OFFICER, OR EMPLOYEE OF THE ORGANIZATION RECEIVE COMPENSATION IN EXCESS OF A REASONABLE ALLOWANCE FOR SALARIES OR OTHER COMPENSATION FOR PERSONAL SERVI ES WHICH SUCH DIRECTOR, OFFICER, OR EMPLOYEE ACTUALLY RENDERS? YES NO 10. DOES THE ACTIVITIES OF THE ORGANIZATION INVOLVE CARRYING ON PROPAGANDA, OR OTHERWISE ATTEMPTING TO INFLUENCE LEGISLATION AND DOES THE ORGANIZATION PARTICIPATE IN OR INTERVENE IN ANY POLITIC CAMPAIGN ON BEHALF OF ANY CANDIDATE FOR PUBLIC OFFICE? YES NO 11 REQUIRED DOCUMENTATION (A) ATTACH TO THIS APPLICATION YOUR MOST RECENT FINANCIAL STATEMENT, INCLUDING, WHERE APPLICABLE, IRS FORMS 900, 990; 990EZ, 990T, REFLECTING INCOME AND EXPENDITURES FOR THE MOST CURRENT TWELVE (12) MONTH REPORTING PERIOD, WHICH STATEMENT WILL BEECOM�EAiJ PARTOF THISSPPP ITICAN.�THE�ltA.CHEp� y f96 Jul FINANCIAL STATEMENT IS FOR THE PERIOD FROM t~d TO 5gar-r Pt rmt /9' (B) ATTACH A COPY OF SAID ORGANI7ATION'S IRS SECTION 501 (C) (3) STATUS CERTIFICATION OR DOCUMENTATION, (C) ATTACH A COPY OF THE ORGANIZATION'S CONSTITUTION, BY-LAWS, ARTICLES OF INCORPORATION, AND/OR OTHER RELATED DOCUMENTS. (D) ATTACH A LIST REFLECTING THE NAMES OF ALL TRUSTEES OR CORPORATE/ORGANIZATION OFFICERS, THE DATE APPOINTED OR ELECTED, AND THE COURT IN WHICH THEY QUALIFIED OR IDENTIFY THE INSTRUMENT IN WHICH THEY WERE OFFICIALLY APPOINTED. P128 Continued Applicant: i✓rw rRojOler ��YL �'��`dr�f (E) IF INVESTMENTS, SUCH AS STOCKS OR BONDS, ARE REFLECTED ON THE FINANCIAL STATEMENT, ATTACH A LIST OF ALL SUCH INVESTMENTS, INCLUDING NAME OF STOCK, DATE RECEIVED AND VALUE (F) IF APPLYING FOR EXEMPTION BY DESIGNATION, YOU WILL BE RESPONSIBLE FOR THE APPLICABLE COST FOR THE PUBLICATION NOTICE AS REQUIRED UNDER VA. CODE §58.1-3651. YOU SHALL RECEIVE AN INVOICE FOLLOWING THE ADVERTISEMENT FOR EXEMPTION AND PAYMENT SHALL BE MADE TO PITTSYLVANIA COUNTY PRIOR TO BOARD CONSIDERATION. NOTE-. IF PAYMENT NOT RECEIVED PRIOR TO PUBLIC HEARING APPLICATION WILL CONSIDERED WITHDRAWN. (G) ANY OTHER CRITERIA, FACTS AND CIRCUMSTANCES THAT THE GOVERNING BODY DEEMS PERTINENT TO THE ADOPTION OF SUCH ORDINANCE. (APPLICANT WILL BE NOTIFIED IF NEEDED. APPLICATION COMPLETED BY: TITLE: :7 It E"fl t1` CONTACT PERSON: Id DATE SUBMITTED: f'y TELEPHONE NUMBER. Mm 1 4 Ajp1 &4-b (2 Sim"N , AN APPOINTED OR ELECTED TRUSTEE/OFFICER FOR THE ABOVE NAMED ORGANIZATION, CERTIFY UNDER PENALTY OF LAW THAT THIS APPLICATION AND ALL A NOl'AHY PUBLIC i EXAMINED BY ME AND ALL INFORMATIONISTR AND CORRECT. Commonwealth cf Virginia Rey. L'r G.?2.109 (/ Aly Ccmmis_ion Esp,res i.r6 SIGNATURE OF TRUSTEE/OFFICER: TITLE: j ��6uf�f j orn SUBSCRIBED AND SWORN T BEFC NOTARY PUBLIC: iJIY COMMISSION EXPIRES: Y OF P129 E_ �y DATE: / "Sr ` Brady A. Willis, Scnior Pastor Joshua L. Crews, Associate Pastor 509 Prospect Road P.O. Box 547 Hurl, Virginia 24563 Phone Number: 434-324-8201 upbchu rehhu rl(gtfairpoint.net Statement -Schedule 1 Tax Parcel IDtt 2555072288 Luann B. Lee, Secretary This house is the one next to the church. The elderly couple that we purchased the house from are currently residing in the house RENT FREE. The church pays the upkeep, insurance, and electric bill for the house. Since this is an elderly frail couple in their upper 80's-easrly 90's the church agreed to allow them to live there as long as they could live alone. The man is very ill now suffering with cancer and we don't know how much longer they can take care of themselves but again if they can't and have to leave the house the agreement for them to continue living in the house ends. If they can no longer live on their own and have to go to assisted living or a nursing home this agreement ends. The church felt that since they had lived there so long and were elderly they could live there until they have to go to a nursing home or assisted living. We felt this was the right thing to do and in a way it is considered a ministry of our church to help them out. They just live in the house. The land behind the house is being cleared and has already been used for church activities such as "Trunk or Treat" and walking trails. Once this elderly couple leaves the house it is our intention to tear the house down and pave the land for church parking which we need. We currently use part of the land for parking on Sunday Morning at both houses. Kenneth G. Simpson 44 Treasurer/Director-Officer Jesus answered. `9 am the Way and the "T)uth and the Life." John 14:6 P130 232P8 Dtj NEW PROSPECT BAFT]cT CHDRCi! INC Data : 05/04/16 Cls- '3 FC:ATP P O BOY. 597 6k/Pa: LR16/03852 ton: T2 Mb/Lt: B44/21SF NLd: 1DO OF Cons : 40000 Rd : 01 PAVED HURT, VH 24563 Bn: ' By SI teM Use OI SINNGLE FFM Slat, B169 a"6 HB Code: Fuel: Heat STOVE IY Blt 1950 A/C NO CE Yr Rnd ! 03 FAIR Baths AttC Elfin Cond t 02 CTO]VENTIONAL Rttt Fin Style : FP Smt sty: Found tn: 1.0 Cl CINDER 6LOCC OPS Wl SICC: C2 CINDER BLOC, SSW Ext :STUCCO OFF EFA Roof: O1 COMPOS]TI nN S csnt: 754 fin: tan Atm: U Fin: 0 0402 Ra, a B,, 2 Dths: F _ H 0 FP: 0 Ch",Y 0 F1r:RARFMO0U VINYL Int:D2 SI{EETFCK K/DRYWALL nes: P..• •P.T 634 Size Rate V.I.e 754 69.53 52426 l54 -1.50 -3131 7$4 0.00 0 2.0 loan 154 1`..00 22,10 754 32.00 9048 754 6.CO 4524 144 26.an 3745 72 13.00 93E 00.00 1500 Rl d0 5x01 Gid Fctt D MIA Phys -50 Funs C Econ L C.rvlo 140 Nhd0 Bid. Val Ty,pr: s- info: E 0.05 /t:l 609 -35,002 C 0 C 35.000 ca ta:H3/2E/il Tire: ]U[t SCod0n,ca Sty 1M.LA 754 L OOR2/DR22/UR2/DU29/,1.19/U'_1 d: UU12/UD / 20P5 154 M12/DDI/DR22/DU7/DL221 3 BSW 754 4BFP 154 5EPA 144 HU29/L' 16/DLL^/BD6/[A]2/2i 6WDR 12 FEn' RnsmJ4. Mi;CCDes rETn:. 21WO302 001BUILWN5 Card 1 .f 1 0.5300 l:aP 1: ^55`-07-22P6 007BD31D000080 0.53 DeSc : RRCSPECT RD/6.39 LUT° k 8 Fiinted:OE/22/lI ,,,835-737 RAP DE231-257 U da Led:�.A UtiL PUBLIC :SEPTIC Htt: T.F. LEVEL SCALE 1:1,3 TFct at!Ip fcnl Uptp Ff Su1n:5eType he 1N200O 0 ❑ONES I7E 0'53 P131 I 1 fes D6 HDR 72 r--ffi2C ------ Al2— ------- A14 --- E I'll __EFA C1[" I I i;4 1 I I I 1 I I I I I I I I I -----C12-_, I Aly MLA I 754 I I I h1i I I I I I I I I I I i _r-4 I bi I I OPS I ----------- 2 ------- 4 Ayb Ceduni[ Rut r. PdFc FS nE. Ren1 f,Vdl cr DCS' ".ilvalf.e D 3::,0DOSe Mkt Val L 12,000 likt Val P. 35,000 Mt[ Val 41,0nn DEf t'a1 0 Net Val 47,030 Old Mkt h 12,000 13d Mkt B 35,00C Old Def 0 Old Net 47, Got) RRaQi�Wa i re wrnavea[awauvr e. aaure nu we.ron [rmee _ ..�repa;ur4 pa�erruv uparme e Im ce4riUon day.radlM aArrmn n[men wkol. yov mf [[eA eyaitti aala M[1ay IWon..P bdea meY a[ uaeClo� NanNaNg votlea banJ mllrr Rovwry FeccrP Geo JaQbM1laar.{ffeuu.'ea.en h kngauJe 14YPiPlM+IIl39iG: ,Gm�uarylub:: as . N(YR Nanal'R Y4�e++wJO Meti vw oPAnldtl1Y91e4F�t]kPJ lJ RI rvoRM vnvelc m a pJI IMme! �n�nRc~en�w�iil i+�nmeN[vwM m[rnr. P132 JT55--®°7v.-�S� 5-3 AC, Shupson's Tax Service fne. 600 1`r'lain Street, Suite B 600 Main Street -Upper Level Altavista, Va. 24517 Entail: ksim sorr(a),simt3sontaxservice.com Altavista, Va. July 12, 2017 Commissioner of Revenue P. O. Box 272 Chatham, Va. 24531 Back in early May our church New Prospect Baptist Church Inc located (u 505 Prospect Road, Hurt, Va. 24563 received tax notices on 2 properties the church had purchased next to the church as well as one for our church bus. I called the Offrce and spoke with Afarie F. Adkins about the bills and the one for the church bus was "Coded" wrong and that one got straightened out but the bills for the 2 houses required me to fill out an application for exemption from taxes which is what I have done and am sending to you: I paid the taxes on the properties. Parcel #2555072398 is a house that is used exclusively for church related activities. Our church bus is parked there and also it houses our clothes closet to give clothing to people in the community who are in need of them. Part of the (rouse is used fin. youth activities and on Sunday morning Cars Park up there to attend worship services. The 2nd Parcel # 2555072288 which is located next door to the church still has the couple living in it. They are both elderly and very frail and he has cancer and she has some issues and they probably will end rip in assisted living or a nursing home but for right now the church is allowing thein to live in the house "RENT FREE" and the church pays all the upkeep for the house, insurance. Thev pery the electric and water P133 [Recipient Name] April 22, 2015 Page 2 bill. Their access to the house is limited to the house and a small portion of the backyard if needed. The church has cleared most of the land behind the house and that is being used for church activities including "Trunk or Treat" last October and other church activities. Again the church just feels that it is the right thing to do not to make then. move right now since they are in such poor health and in their late 80's and early 90's. Again the church does not receive any Rent from them and the church is responsible to keep the house up. If they have to leave the house say to go in assisted living this agreement ceases and they cannot come back to the house. We have this in an agreement drawn up fly our church attorney and signed by them. When they have to leave or decease our plans are to tear the house down and use the land for parking. I hope this explains what the Houses are used for in enough detail. The house occupies about '/ of the land and the rest is used by the church. Again the other house is used 100% church use. 1 am sending you all the documents that our church attorney feels are relevant to this application and I also spoke with Elton Blackstock who is a member of the Board of Supervisors and also a member of our church and he is very aware of what the houses are used far and the circumstances of the house that still houses the elderly couple. Our church ineets all the requirements of IRC Section 501)c)(3) and is automatically considered tax exempt and is not required to apply,for and obtain recognition of tax exempt status from the IRS. Tnar k You, Ke meth G. Simpson -Treasurer -Director P134 Bradv A. Willis, Senior Pastor Joshua L. Crews, Associate Pastor Luann 13. Lee, Secretary New Prospect Baptist Church 509 Prospect Road P.O. Box 547 Hurt, Virginia 24563 Phone Number: 434-324-8201 npbchurchhurtgfairpoint.net Jesus answered. "I am the Way and the Truth and the Life." John 14:6 P135 Board of Directors: Paul David, President 682 Acorn Dr. Rustburg, VA 24563 Garry Collie, Vice President 99 Quail Ridge Dr. Altavista, VA 24517 Kenneth Simpson, Treasurer P.O. Box 728 Hurt, VA 24563 Beverly Cox, Secretary 1800 Sunset Dr. Altavista. VA 24517 Fay Dalton 216 Longview Rd. Hurt, VA 24563 Eddie Dollyhite 289 Arrington Dr. Evington, VA 24550 Jordan Moorefield 704 Spring Street Hurt, VA 24563 Tax -Exempt Statics Churches and religious organizations, like many other charitable organizations, qualify for exemption from federal income lax under IRC Section 501(c)(3) and are generally eligible to receive tax-deductible contributions. To qualify for tax-exempt status, the organization must meet the following requirements (covered in greater detail throughout this publication): . the organization must be organized and operated exclusively for religious, educational, scientific or other charitable purposes; • net earnings may riot inure to the benefit of any private individual or shareholder; •no substantial part of its activity may be attempting to influence legislation; r•the organization may not intervene in political campaigns; and tithe organizations purposes and activities may not be illegal or violate fundamental public policy. Recognition of 'fax -Exempt Status Automatic Exemption ter Churches Churches that meet the requirements of IRC Section 501(c)(3) are automatically 2 considered tax exempt and are not required to apply for and obtain recognition of tax-exempt status from the IRS, Although there is no requirement to do so, many churches seek recognition of tax-exempt status from the IRS because this recognition assures church Ieaddis, members and contributors that the church is recognized as exempt and qualifies for related tax benefits. For example, contributors to a church that has been recognized as tax exempt would know that their contributions generally are tax-deductible. Church Exemption Through a Central/Parent Organization A church with a parent organization may wish to contact the parent to see if it has a group ruling. If the parent holds a group ruling, then the IRS may already recognize the church as tax exempt. Under the group exemption process, the parent organization becomes the holder of a group ruling that identifies other affiliated churches or other affiliated organizations. A church is recognized as tax exempt if it is included in a list provided by the parent organization. It the church or other affiliated organization is included on the list, it doesn't need to take further action to obtain recognition of tax-exempt status. An organization that isn't covered under a group ruling should contact its parent organization to see if it's eligible to be included in the parent's application for the group ruling. For general information on the group exemption process, see Puhlicalion =1573. Group Exemptions, and Revenue Procedure 80-27, 1980-1 C.B. 677. P136 a BYLAWS OF ' Ale _-(ia)gVd.,6y_:j, (CHURCH, INC. SECTION 1. OFFICES SECTION 2. ANNUAL, MEETING The annud] meetinq of the corporation slia'I] be at 11w (I)ur, li which is located at "u t hr r;cccnu3 Sunday of vjednesday of July, of each year rr at suc li )I 17er 1,7,u a. as the r)ff.ieerr; and di.re:c•tore, des:ignat.e. SECTION 3. SPECIAL MEETINGS Special meet=ings of: the 130ard of Director:;, ttfYiceI:, o� � membera for any purpose or purposes may be cane hY thr-- president or any member of the Board of Directors - SECTIONS. NOTICE OF ANNUAL OR SPECIAL MEETINGS Notice of the annual meet-inq or of a r:pecial meeting Oi tJie Board of Directors, Of.ficerS or Members, stating the Line, place and purpose or purposes thereof 51)a'] he ()iven not leas than L'11 nor more than forty days prior to the me.eLing, but such notice may be waived in writing at any time. Notice period may Gc• varied, but may not. be less than 10 or more than 60 days prior Lr, meeting date. SECTION 5. QUORUM OF DIRECTORS At any meeting at least: ] per cent of l he direct ors entitled to lrote shall consti.tute a quorum, except as ol:heiwirse P137 The pi intipal Off ice shall 4>e in County 01 ..LU1 Slate of virginia. The corpolation may have ofiiues aid hla(es of busi�iess it. Such of Mer places within and wi shout thc SI al Virginia as shall be deternnined hY the direct<,i- SECTION 2. ANNUAL, MEETING The annud] meetinq of the corporation slia'I] be at 11w (I)ur, li which is located at "u t hr r;cccnu3 Sunday of vjednesday of July, of each year rr at suc li )I 17er 1,7,u a. as the r)ff.ieerr; and di.re:c•tore, des:ignat.e. SECTION 3. SPECIAL MEETINGS Special meet=ings of: the 130ard of Director:;, ttfYiceI:, o� � membera for any purpose or purposes may be cane hY thr-- president or any member of the Board of Directors - SECTIONS. NOTICE OF ANNUAL OR SPECIAL MEETINGS Notice of the annual meet-inq or of a r:pecial meeting Oi tJie Board of Directors, Of.ficerS or Members, stating the Line, place and purpose or purposes thereof 51)a'] he ()iven not leas than L'11 nor more than forty days prior to the me.eLing, but such notice may be waived in writing at any time. Notice period may Gc• varied, but may not. be less than 10 or more than 60 days prior Lr, meeting date. SECTION 5. QUORUM OF DIRECTORS At any meeting at least: ] per cent of l he direct ors entitled to lrote shall consti.tute a quorum, except as ol:heiwirse P137 provided by law. SECTION 6. VOTING i At each meetA ng every director then entitled to vote may vote in person or by pi.oay. SECTION 7. NUMBER OF DIRECTORS, TENURE, VACANCIES The business and affairs of the corporal inn shall h(- managed and controlled by a board of dj.rectors cif not nure t_nan directors, who shall be elected annually by the existing memhcis at the annual meeting. Each director shall hold oflice until the election of hjs or her successor. Any djrector may reaign at run/ time. Vacancies ocCUrrilig among the directors may IN' Pilled by the remaining directors. The members shall elect_ the board -f directors and the board of directois shall elect the officers. SECTION 8. REGULAR MEETING OF THE BOARD Immediately of ter each annua I elect ion of di l ('Cl 01 t I c newly elect.ed dii.ectors may me( -rt forthwith at thea t.ninc'jpr+l office of the corporation for the purpose of organization and the transaction of other business; if a quorum of the' directors hr then present no prior notice of :m cll meetjnq shall he, IeonIIcot Other I egul.ar meet inq s of the hoa i d of di I ectot s may b�� Itc,l d without not i c at such t.jme s and places as t.lie directors niay determine. SECTION 9. NOTICE OF SPECIAL MEETINGS SECTION 10. QUORUM Any action of the Members shall only require a vote of the majority of the Members present at that time. SECTION 11. OFFICERS The officers of the corporation shah be a Pjesident, a Vice Pre,idpnt, a Secretary, and a Treasurer, wlto shall be elected -L- P138 Notice of a special meeting shall be given at .1ea:;t. f ive days prior to meeting but such not jce may be waived its wrILIng at any tune. Notice period may he increased or decreased. SECTION 10. QUORUM Any action of the Members shall only require a vote of the majority of the Members present at that time. SECTION 11. OFFICERS The officers of the corporation shah be a Pjesident, a Vice Pre,idpnt, a Secretary, and a Treasurer, wlto shall be elected -L- P138 annually by the directors I and who shall hold office, during the pleasure of the directors, and any other officers or assistants � the Board of Directors may determine to electt at any time. All vacancies occurring among any of the above officers shall be filled by the directors. Any officer may be removed at any time by the affirmaLive vote of a majority of the directors at a special meeting of the directors called t`cr the purpose. Officers may be called by o he, names, as in fral_ernal organizations, SECTION 1.2, SUBORDINATE OFFICERS The JgMu d of direuwl s may appoinL such ul lien- of f icc,,rs; and i agents with such powers and duties as it shall dram necvss.aiy. SECTION 13. THE PRESIDENT The p] a sidenL steal l presi de at al l meet -i "qn of i In, membership and the board of direct-orsThe President chat hayr general management and control of the busine aural aflait rat the corporation. SECTION 19, THE VICE PRESIDENT The Vi cc President shall, in the ahLevncc- 01 dMahi l i t y of the President., exercise the powers and perfo m the duties of Lim President. The Vice President shall also generally aes 0 st: the President and exercise such WWI powers and perfot m snrh of hei � duties as shall he prescribed by the directors. SECTION 15. THE TREASURER The Treasurer- shall have the custody of all funds, securities, evidences of indebtedness and other perscvra prnperty of the corporation and shall deposit the Same in :;tick Dank nr trust company as shall be designated by the direcLurs of the corporation or the President_ The Treasurer shall receive and give receipts and acquittances for monies paid in on account of the corporation and shall pay out of the funds on hand all bills, payrolls and other just debts of the Corporation of whatever nature upon maturity of the same; he or she shall enter regularly in books of the corporation to be kept by him Or her for that purpose full and accurate account of all MOO cc receive=d and p� L; t paid ont by him or her on account of the corporat inn, and he car P139 she shall perform all Other duties incident. to tile office of Treasurer. SECTION 16. THE SECRETARY The Secretary shall keen the minutes Of all proceedings of the directors. He or she shall attend to the giving and serving of all notices to the members and directors, or OL11e:r notices required by law or these bylaws; he or shu shall have charge of the minute hooks and such other books and papers as thF_ iloard Maly direct, and he nr she shall perform all Other do b eb 111c.10PAt. to the ()if fee of hecret.ary. SECTION 17. SEAL The directors shall Provide a suitable corporate seal which shall be in charge Of the Slecre.tar/ and shall he used n:, authorized by the direcl:or:; SECTION 18. DEPOSITORIES Th(: f tuids of the corlporat i On shall be deposi i eel if) :.uch bank or trust routpany, and checks drawn against_ such funds shall K signed in r;uch manner, as may he delel-mined from t imp- Io time b. trim board of directors. SECTION 19. NOTICE AND WAIVER OF NOTICE Any notice required to be given by these 1),'law_; ora,, Lie giv«•n by mailing or taxing the same. to the person ent.il.led thereto at � his or her address as shown on the corporation'. 500"s and such notice shall be deemed to have been given at the time Of such i mailing or faxing. Any notice required by these bylaws to be given may be waived by the Person entitled to such notice. SECTION 20. POWER OF DIRECTORS TO AMEND, ETC. I'lie members shall have power to make, amend and repeal the bylaws of the corporation by a vote of a majority of all the members at any regular or :special meeting of the Members. The members will he those persons who are on the official roll of the Church. 4 P140 i Adopted at t -he organIzat -Iona] {{`meeting of the memb/e/i. s /of Vl4,klslnc.'- he]d on-- tJ Secret a ,, f) P141 i ARTICLES OF RESTATEMENT VIRGINIA NON -STOCK CORPORATION The undersigned, pursuant to Chapter 10 ofTille 13.1 of the Code of Virginia, states as follows: 1. 1 lie name of the corporation is: NEW PROSPE(:T BAVI ISTCHURCH, ]RC H, INC. 2. The corporation is organized and operated exclusively for charitable, religious, educational, and scientific purposes, including, for such purposes, the making of distributions to organizations qualifying as an exempt organization from Federal income tax under section .501 (c) (3) of the Internal Revenue Code, or corresponding section of any future Federal tax code. 3. No part of the net earnings of the organization shall inure to the benefit of, or be distributable to its utcnthers, trustees, officers, or other private persons, except (he organization shall beauthor➢zed and empowered to pay reasonable compensation forser'rces rendered and to make payments and distributions in furtherance of the purposes set forth in the purpose clause hereof. No substantial part of like activities of the organization shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and tike organization shall not particupate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of dtis document, the organization shall not carry on any other purpose not permitted to be carried on (a) by and organization exempt from Federal income tax under section S01 (c) (3) of the Internal Revenue Code, or corresponding section of any future Federal tax code, or (b) by an organization, contributions to which are deductible under section I70(c) (2) of dee Internal Revenue Code, or corresponding section of any future Federal tax code. Upon the dissolution of the organization, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c) (3) of the Internal Revenue Code, or corresponding section of any future Federal tax code, or shall be distributed to (lie Federal government, or to a state or local government, for a public purpose. Any such assets not disposed of shall be disposed of by lite Court of Common Pleas of the country in which the principal office of the organization is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes. 4. 'rhe known directors of tike corporation are now twelve (12) and their successors shall be appointed by the remaining Board of Directors as provided in the by-laws of the corporation. 5. The corporation is to have no members. 6. The name of the corporation's initial registered agent is P142 James 1'. Kent, .Ir., 11.0. Box 299, 525 Seventh Street, Altavista, VA 24517. The registered agent is a member of the Virginia State Bar and a resident of Virginia. 7. The corporation's initial registered office address, which is identical to the husiness office of the initial registered agent, is: P.O. Box 299, 525 Seventh Street, Altavista. VA 24517, which is in Campbell County 8. the board of directors are now numbering twelve (12) and the numher may he changed as provided in the by -latus of the corporalion, with the twelve being: Eddie Dollyhite 887 Dearborn Road Evington, VA 24550 David Martin 1'. O. Box 575 hurt, VA 24563 Ray Mitchell 632 Riverview Diive Altavista, VA 24517 Jordan Moorefield 704 Spring Street hurt, VA 24563 1J' Bud Brown 1824 Sunset Drive Altavista. VA 24517 Fay Dalton 216 Longview Road Hurt, VA 24563 Kenneth Dalton 216 Longview Road Hurt, VA 24563 C. Derek Shelton 414 Spring Street Hurt, VA 24563 -2- P143 r�`j' -FIIAi C O'eAca N A AI -St 1 aAahD ( RCGT-® C5 % -5 4 "f r-ap c� j t,c #a.. heAJ) AT'A-,( hd� QI1?r cam)?S C1,a,ell Paul David 682 Acorn Drive Rustburg. VA 24588 Karl Dewberry 313 Darrell Lane Hurt. VA 24563 Paul Shelton 1959 New l lall Circle Lynch Station, VA 24571 7 my She ltoil 221 Lasome Road Iho. VA 24563 Date: August 27. 2009 -3. P144 . 3—oj Paul David . President and Uirectoi . COMMONWEALTH OF VIRGINIA STATE CORPORATION COMMISSION SCC884 GUIDE FOR ARTICLES OF RESTA`i`EME141 (04108) OF A VIRGINIA NONSTOCK CORPORATION ARTICLES OF RESTATEMENT OF New Prospect Baptist Church, Inc. The undersigned, on behalf of the nonstock corporation set forth below, pursuant to Title 13 1, Chapter 10, Article 10 of the Code of Virginia, states as follows. 1.The name of the corporation immediately prior to restatement is New Prospect Baptist Church Inc, 2.The restatement contains an amendment to the articles of incorporation. 3 The text of the amended and restated articles of incorporation is attached hereto. 4 The restatement was adopted by the corporation on August 25, 2008 5. The restatement was adopted at a meeting of the board of directors by a vote of at least two-thirds of the directors in office Member approval of the restatement was not required because (1) The corporation has no members Euted t name ofth corporation by Paul David President and Director _ 0680300-1 434-369-5603 P145 TATE CORPORATION COMMISSION Kichinond, ,7u(y 10, 2007 2(1's is to certify that the cert f�cate of incorporatl'on of NEW PROSPECT BAPTIST CH UHH, INC. -was this day issuedand admitted to record in this office crud that the said corporation is authorized to transact its business subject to aCl Virginia laces appficable to the corporation and its business. Effective date: yuCy 10, 2007 CIS0313 State Corporation Commission Attest: - ('lei(of t(re - -- - - ('OP)711tZSSio71 P146 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Public Hearing - Board of Equalization (BOE) Sittinqs SUBJECT/PROPOSAL/REQUEST: Public Hearing -Proposed Ordinance to limit the dates for applications for BOE hearings and set the date by which the BOE must dispose of all applications. STAFF CONTACT(S): Hon. Shirley Hammock SUMMARY: AGENDA DATE: 09-19-2017 ACTION: Z CONSENT AGENDA: ❑ ROLL CALL VOTE: R1 ATTACHMENTS: Yes REVIEWED BY: ITEM NUMBER: 9 INFORMATION: ❑ At their August 15, 2017, the Board of Supervisors directed staff to advertise a public hearing for citizen input on an ordinance establishing a deadline for submission of applications for equalization of real estate assessment and for the Board of Equalization to complete its deliberations on such applications, prescribing the form for such applications, and permitting the electronic filing of applications. (Attached is the executive summary from 08-15-2017; the proposed ordinance; and the proposed application). The Honorable Shirley Hammock, Commissioner of the Revenue (COR), drafted the proposed ordinance and application, and supports the Board of Supervisors in approving both documents. The public hearing was duly advertised on August 30 and September 6, 2017. FINANCIAL IMPACT AND FUNDING SOURCE: N/A RECOMMENDATION: The COR recommends that the BOS set, via Ordinance presented at the public hearing, that the last day to accept appeal applications as June 22, 2018 (thereby, giving enough time to meet the fourty-five (45) day appeal notice requirement per Virginia Code § 58.1-3331), and set the last day for the BOE to complete its work as August 31, 2018. MOTION: After holding the public hearing, Motion to approve the proposed ordinance and application as presented, with the last day to accept appeal applications as June 22, 2018, and the last day for the Board of Equalization to complete its work as August 31, 2018. P147 PITTSYLVANIA COUNTY Board of Supervisors WORK SESSION EXECUTIVE SUMMARY AGENDA TITLE: Board of Equalization Sittings REOUEST• Limit the dates for applications for BOE hearings and set the date by which the BOE must dispose of all applications. CONTACT: Hon. Shirley Y. Hammock, Comm. of the Revenue AGENDA DATE: ITEM NUMBER: 8/15/17 ACTION: Potentially ATTACHMENT: (1) (1) Letter from Commissioner of the Revenue REVIEWED BY: BACKGROUND/DISCUSSION: Virginia Code § 58.1-3378 authorizes the Pittsylvania County Board of Supervisors (`BOS") to provide by Ordinance the date by which Board of Equalization ("BOE") appeal applications must be made by property owners. Said Code Section also allows the BOS to set the date by which the BOE must complete all appeals. In the past, BOE appointment by the Pittsylvania County Circuit Court Judge have been for the tweleve (12) month period of January 1 — December 31, after the effective date of the assessment for which they were appointed. See Virginia Code § 58.1-3370. This can result in the BOE being called back into session after having completed the set of hearings should a taxpayer wish to appeal. Setting a limitation on the appeal application date and the final date the BOE can dispose of the appeals brings continuity to the entire process, and allows the County to have sufficient clerical assistance to meet the notification requirements. Said change, will also pass the information back to the Commissioner of the Revenue's ("COR") Office in a more timely fashion; thereby, allowing for the making of any corrections needed to second half billings. After the Circuit Court appointment and training, the BOE should convene by mid-March and set a schedule for hearings. Said hearings will begin early April, and the BOE will complete its work by August 31, 2018. RECOMMENDATION: The COR recommends that the BOS set, via Ordinance to be presented at the September BOS Business Meeting, that the last day to accept appeal applications as June 22, 2018 (thereby, giving enough time to meet the fourty-five (45) day appeal notice requirement per Virginia Code § 58.1-3331), and set the last day for the BOE to complete its work as August 31, 2018. P148 August 3, 2017 Mr. David Smitherman Pittsylvania County Administrator PO Box 426 Chatham, VA 24531 RE: BOARD OF EQUALIZATION APPOINTMENT AND SITTINGS Dear Mr. Smitherman: As the 2018 General Reassessment is nearing conclusion, I would like to call to your attention pursuant to §58.1-3378 the governing body may, by ordinance limit the term of the Board of Equalization. Ordinarily, the BOE's appointment would expire December 31, 2018. By setting a timeline for appeals to be finalized, I feel this would be beneficial to the BOE members and the County, as well as to this office to ensure timely processing of appeals. In the past, the BOE's term has been for the entire year. Without term limitation, they could be called into session anytime during their appointment if a taxpayer decided they wanted to appeal an assessment. This would involve someone contacting the BOE chairman who in turn had to contact the members and set a date to convene to hear the appeal. I am bringing this to your attention due to the fact should the Board wish to proceed in this direction, the deadlines must be printed on the reassessment notices that will be mailed in November. To allow the contractor to get this information on the notices, this will require immediate action by the Board. Should you have any questions, please feel free to contact this office. Regards, Shirley Y. Hammock Commissioner of the Revenue Cc: J. Vaden Hunt, County Attorney Don Thomas, Wingate Appraisal Services P149 AN ORDINANCE ESTABLISHING A DEADLINE FOR SUBMISSION OF APPLICATIONS FOR EQUALIZATION OF REAL ESTATE ASSESSMENT AND FOR THE BOARD OF EQUALIZATION TO COMPLETE ITS DELIBERATIONS ON SUCH APPLICATIONS, PRESCRIBING THE FORM FOR SUCH APPLICATIONS, AND PERMITTING THE ELECTRONIC FILING OF APPLICATIONS WHEREAS, Pittsylvania County, Virginia (the "County"), is currently undergoing a general reassessment of real property within the County, to be effective January 1, 2018; and WHEREAS, Section 58.1-3370 of the Code of Virginia, 1950, as amended, requires the establishment of a Board of Equalization to receive applications from landowners seeking equalization of their real estate assessment; and WHEREAS, Section 58.1-3378 of the Code of Virginia, 1950, as amended, provides that the Board of Supervisors may establish a deadline by which applications for equalization of real estate assessments must be filed with the Board of Equalization; and WHEREAS, Section 58.1-3378 of the Code of Virginia, 1950, as amended, also provides that the Board of Supervisors may establish a deadline for the Board of Equalization to finally dispose of all application for equalization of real estate assessment. NOW THEREFORE, BE IT ORDAINED by the Pittsylvania County Board of Supervisors this 19th day of September, 2017, that June 22, 2018, be, and is hereby, established as the deadline date by which applications for equalization of assessment shall be filed with the Pittsylvania County Board of Equalization; and, BE IT ORDAINED FURTHER, that August 31, 2018, be and is hereby, established as the deadline date by which the Pittsylvania County Board of Equalization shall dispose of all timely applications for equalization of real estate assessments; and BE IT ORDAINED FINALLY, that applications shall be filed on a form substantially in the format of the form attached entitled "Appeal Application to the Board of Equalization," and that the filing of electronic applications is authorized as permitted by Section 58.1-3378 of the Code of Virginia, 1950, as amended. Adopted this 19th day of September, 2017. ATTEST: David M. Smitherman PC BOS Clerk P150 PC BOS Chairman APPROVED AS TO FORM: J. Vaden Hunt, Esq. Pittsylvania County Attorney Vote Jessie L. Barksdale Elton W. Blackstock Joe B. Davis Ronald S. Scearce Robert W. Warren Jerry A. Hagerman Tim R. Barber Ayes _ Nays Abstentions P151 APPEAL APPLICATION TO THE BOARD OF EQUALIZATION County of Pittsylvania Address: 18 Depot Street Chatham, VA 24531 Phone No: (434) 432-7816 DATE APPLICATION FILED: (Use one form for each parcel appealing) OWNER'S NAME OWNER'S ADDRESS Address of Property if Different from above: TAX MAP NUMBER: (As Listed on Land Book) Reason for Appeal (Check): ( ) Land Value; ( ) Building Value; ( ) Total Value; Optional Information: Other reasons: List comparable or similar properties for Board to review: (by Tax Map Number) 1) 2) REQUIRED: Signature of Owner, Taxpayer or Officer of Company Telephone (home) Date: (work) If an Agent or Representative appearing on behalf of the property owner: A signed letter of authorization by property owner must be submitted along with Notarized application for review. Notary: My Commission Expires: Date of Hearing: ; Time of Hearing: Office Use Only P152 Office Use Only UNFINISHED BUSINESS P153 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Auction results concerning old Northside Hiqh School field in Gretna, VA SUBJECT/PROPOSAL/REQUEST: Update on results of GovDeals.com auction STAFF CONTACT(S): Mr. Smitherman, Vaden Hunt, Connie Gibson SUMMARY: AGENDA DATE: 09-19-2017 ACTION: 21 CONSENT AGENDA: El ROLL CALL VOTE: R ATTACHMENTS: REVIEWED BY: l7 ITEM NUMBER: 10 INFORMATION: ❑ County Staff was approved to issue on Govdeals.com the land parcels in Gretna for auction. Fair market value is $51.400.00 . The County received 6 bids, with the highest being $20,500.00, which did not meet market value. If the Board chooses, the property can be sold to the high bid of $20,500.00, or resubmitted for sale through auction or other means. FINANCIAL IMPACT AND FUNDING SOURCE, The property is currently under the ownership of the Board of Supervisors and is not taxed. RECOMMENDATION: Staff needs direction from the Board of Supervisors on how to proceed. MOTION: If the Board chooses to sell, a motion is needed to sell the property to the high bidder for $20,500.00, and direct the County Attorney to proceed with the deed/title for the sale. P154 NEW BUSINESS P155 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Danville-Pittsylvania Community Services (DPCS) Performance Contract Renewal SUBJECT/PROPOSAL/REOUEST: Contract Approval STAFF CONTACT(S): Mr. Smitherman SUMMARY: AGENDA DATE: 09-19-2017 ACTION: 21 CONSENT AGENDA: ROLL CALL VOTE: ATTACHMENTS: Yes REVIEWED BY: ITEM NUMBER: 11 INFORMATION: The Danville-Pittsylvania Community Services (DPCS) Fiscal Year 2018 Performance Contract with the Virginia Department of Behavioral Health and Developmental Services (DBHDS) can be reviewed online at http://www.dbads.virginia.gov/professionals-and-service-providers/office-of-support-services . The Performance Contract is the DPCS service plan and associated costs as well as the performance expectation. Attached is (1) a letter from Jim Bebeau, Director of DPCS; (2) a code of VA Code 37.2-508; Performance contract for mental health, developmental, and substance abuse; and (3) a letter from DBHDS on the FY2018 Community Services Performance Contract Renewal. There will be a Board of Directors representative present at the meeting to answer any questions the Board of Supervisors may have. FINANCIAL IMPACT AND FUNDING SOURCE: Any service costs are already appropriated in the approved budget RECOMMENDATION: Staff recommends the Board of Supervisors approve the FY2018 Performance Contract Renewal and Revision. MOTION: Motion to approve the FY2018 Performance Contract Renewal and Revision. P156 Danville-PittsylvQania Co nit Services "Unlocking .Potential With Each Sunrise" Executive Director Stmcrs James F. Bebeau. I.PC Prevention Services 434-799-0456 Opmauoax Finance Diviaon 434-797-3981 434799-0456 Behavioral Health Services Human Besearces Division 434-793-4931 434-799-0456 Developmental Services Co 434-799-0456 mplieuce 34 Information Systems 434799-04-0456 July 19, 2017 David Smitherman, Administrator Pittsylvania County P. O. Box 426 Chatham, VA 24531 RE: FY2018 Performance Contract Renewal & Revision Dear Mr. Smitherman: Attached is the Danville-Pittsylvania Community Services (DPCS) Fiscal Year 2018 Performance Contract with the Virginia Department of Behavioral Health and Developmental Services (DBHDS), as approved June 29, 2017, by our Board of Directors. In accordance with Virginia Code §37.2-508, the Contract must be presented to the DPCS Board of Directors and then to our local governments for approval. The Performance Contract incorporates changes as negotiated with the Performance Contract Committee established by DBHDS and the Virginia Association of Community Services Boards. The attached May 12, 2017, memo (Attachment 1) from Paul Gilding, Director of the Office of Support Services with DBHDS, outlines the scope of changes. The Performance Contract (Attachment 2) is our service plan and associated costs, as well as our performance expectation. In the second year of the Contract, only the statistical and financial data is updated. The Contract has the following components. Exhibits include all mental health, developmental, and substance abuse services provided or contracted by DPCS that are supported by the resources described in the Contract. Administrative Requirements (Attachment 3) are identical for all Community Services Boards in Virginia and contain externally imposed requirements and long-term DBHDS requirements that Community Services Boards and DBHDS must meet. M� W ? 245 Hairston Street, Denville, Virginia 24540 434-799-0456 Fax 434-793-4201 TDD 434799-0198 ,e•� Gretna tem 111 Center Strom, Gretna, Virginia 24557 From Gre= 434-656-8201 Fmm Danville 434797-2116 F"434-656-8204 ne •. w Apcs.org P157 David Smitherman, Administrator July 19, 2017 Page 2 • Partnership Agreement (Attachment 4) is identical for all Community Services Boards in Virginia and describes the values, roles, and responsibilities of the three operational partners in the public services system—Community Services Boards, State Facilities operated by DBHDS, and Central Office of DBHDS. As a reference point for the impact of this Performance Contract in the community, in Fiscal Year 2016, DPCS directly served 19,162 residents of Pittsylvania County and the City of Danville through 159,170 distinct units of service. Should you or the Board of Supervisors need additional information about our Performance Contract with DBHDS, please do not hesitate to contact me. I will be present at the Tuesday, September 19, 2017, Board of Supervisors Meeting to answer questions. On behalf of the DPCS Board of Directors and the individuals who depend upon our services, I respectfully request that our Fiscal Year 2018 Performance Contract be approved. Sincere%ly, / James F. Bebeau, LPC Executive Director JFB:ctc Attachments (4) P158 I agc 1 vi � Code of Virginia Title 37.2. Behavioral Health and Developmental Services Chapter 5. Community Services Boards § 37.2-5o8. Performance contract for mental health, developmental, and substance abuse services. A. The Department shall develop and initiate negotiation of the performance contracts through which it provides funds to community services boards to accomplish the purposes set forth in this chapter. In the case of operating boards, the Department may, notwithstanding any provision of law to the contrary, disburse state and federal funds appropriated to it for mental health, developmental, or substance abuse services directly to the operating board, when that operating board is authorized by the governing body of each city or county that established it to receive such funds. Six months prior to the end of an existing contract or, if no contract exists, six months prior to the beginning of each fiscal year, the Department shall make available to the public the standard performance contract form that it intends to use as the performance contract for that fiscal year and solicit public comments for a period of 6o days. Such contracts shall be for a fixed term and shall provide for annual renewal by the Board if the term exceeds one year. B. Any community services board may apply for the assistance provided in this chapter by submitting to the Department its proposed performance contract together with (i) the approval of its board of directors for operating and administrative policy boards or the comments of the local government department's policy -advisory board and (ii) the approval of the contract by formal vote of the governing body of each city or county that established it. The community services board shall make its proposed performance contract available for public review and solicit public comments for a period of 3o days prior to submitting its proposed contract for the approval of its board of directors for operating and administrative policy boards or the comments of the local government department's policy -advisory board. To avoid disruptions in service continuity and allow sufficient time to complete public review and comment about the contract and negotiation and approval of the contract, the Department may provide semi-monthly payments of state- controlled funds to the community services board. If the governing body of each city or county does not approve the proposed performance contract by September 30 of each year, the performance contract shall be deemed approved or renewed. C. The performance contract shall (i) delineate the responsibilities of the Department and the community services board; (ii) specify conditions that must be met for the receipt of state- controlled funds; (iii) identify the groups of individuals to be served with state-controlled funds; (iv) contain specific outcome measures for individuals receiving services, provider performance measures, satisfaction measures for individuals receiving services, and participation and involvement measures for individuals receiving services and their family members; (v) contain mechanisms that have been identified or developed jointly by the Department and community services board and that will be employed collaboratively by the community services board and the state hospital to manage the utilization of state hospital beds; (vi) establish an enforcement mechanism, should a community services board fail to be in substantial compliance with its performance contract, including notice and appeal processes and provisions for remediation, withholding or reducing funds, methods of repayment of funds, and the Department's exercise of https://law.lis.virginia.gov/vacode/title37.2/chapter5/section37.2-508/ 9/13/2017 P159 Page 2 of 2 the provisions of subsection E; and (vii) include reporting requirements and information about revenues, costs, services, and individuals receiving services displayed in a consistent, comparable format determined by the Department. The Department may provide for performance monitoring in order to determine whether the community services boards are in substantial compliance with their performance contracts. D. No community services board shall be eligible to receive state-controlled funds for mental health, developmental, or substance abuse services after September 30 of each year unless (i) its performance contract has been approved or renewed by the governing body of each city or county that established it and by the Department; (ii) it provides service, cost, and revenue data and information and aggregate and individual data and information about individuals receiving services, notwithstanding the provisions of § 37.2-400 or any regulations adopted thereunder, to the Department in the format prescribed by the Department; and (iii) it uses standardized cost accounting and financial management practices approved by the Department. E. If, after unsuccessful use of a remediation process described in the performance contract, a community services board remains in substantial noncompliance with its performance contract with the Department, the Department may, after affording the community services board an adequate opportunity to use the appeal process described in the performance contract, terminate all or a portion of the contract. Using the state-controlled resources associated with that contract, the Department, after consulting with the governing body of each city or county that established the board, may negotiate a performance contract with another board, a behavioral health authority, or a private nonprofit or for-profit organization or organizations to obtain services that were the subject of the terminated performance contract. 1968, c. 477, § 37.1-198; 1970, c• 346; 1972, c• 498; 1976, c. 671; 1980, c. 582; 1986, c. 176; 1998, c. 680; 2005, cc. 75, 716; 2012, cc. 476, 507, 805, 836. https://law.lis.virginia.gov/vacode/title37.2/chapter5/section37.2-508/ 9/13/2017 P160 JACK BARBER. M.D. INTERIM COMMISSIONER TO: FROM: SUBJECT: DATE: ATTACHMENT 1 COMMONWEALTH of VIRGINIA DEPARTMENTOF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES Post Office Box 1797 Richmond, Virginia 23218-1797 Telephone(804) 786-3921 Fax (804)371-6638 www.dbads ,aginia go, Community Services Board or Local Government Department Executive Directors and the Behavioral Health Authority Chief Executive Officer Paul R. Gilding Office of Support Services Director FY 2018 COMMUNITY SERVICES PERFORMANCE CONTRACT RENEWAL May 12, 2017 The FY 2018 Community Services Performance Contract Renewal and Revision and Partnership Agreement are available for your information and use on the Office of Support Services web page at htti)://www.dbads.vireinia.gov//professionals-and-service-providers/office-of supportservices. The FY 2018 CSB Administrative Requirements Renewal and Revision, a separate document incorporated into the contract by reference, is also available there. The Department is distributing Letters of Notification and the Community Automated Reporting System (CARS) software electronically now. The letters contain initial allocations of state and federal funds to community services boards, the behavioral health authority, and the two local government departments with policy -advisory CSBs, all of which are referred to as CSBs in the contract documents and this memo. The contract documents incorporate changes in the FY 2017 Community Services Performance Contract that were negotiated last month with the Performance Contract Committee established by the Department and the Virginia Association of Community Services Boards. Language relating to intellectual disability is changed to developmental disabilities throughout the contract. Substantive changes from the FY 2017 Performance Contract are described below. Performance Contract Changes 1. Section 4.a.2.) on page 3 is revised to move the requirement for residential crisis stabilization units operated by CSBs to accept appropriate TDOs to a new section 6.b.)1 1.) in the contract. 2. Section 4.e.8.) on page 8 contains new DOJ requirements for emergency services and REACH programs. 3. Section 4.i.3.) on page 12 contains revisions related to case managers and support coordinators importing or inputting data into the Department's waiver management system (WaMS). 4. Prevention provisions are reorganized and expanded in new section 6.b.5.) on pages 14 and 15. P161 FY 2018 COMMUNITY SERVICES PERFORMANCE CONTRACT RENEWAL May 12, 2017 Page 2 5. A new section 6.b.1 l.) about residential crisis stabilization units is added on page 17. 6. Language is inserted in section 6.e on pages 19 and 20 containing business associates agreements requirements for CSBs. 7. Language is inserted in section 7.e on page 24 containing business associates agreements requirements for the Department. 8. A new Medical Services core service is added in Forms 11, 21, and 31 on pages 41, 42, and 43. The Department and VACSB Data Management Committee developed this new service, and CSBs will need to begin reporting service and cost data for this service beginning July 1, 2017. 9. Language is revised on pages 45 - 46 in Section I of Exhibit B to reflect definition changes and on pages 46 - 47 in Section III to add six new performance measures developed by the VACSB and Department. Separate Exhibit B Quarterly Performance Measures reporting is eliminated. 10. A new Exhibit H on Regional LIPOS Requirements is added on page 59. It reflects current regional practices and incorporates increased accountability requirements. The contract template and data collection tool referenced in section 3 are already used by CSBs. 11. Exhibit J contains a new subsection on CSB names and appointments in section C.3 on page 63. 12. Exhibit J contains revised language in subsections F.1 and 2 on 64 about CSB audits. CSB Administrative Requirements Changes 14. Appendix C on pages 31 - 35 is revised to clarify provisions about the reserve fund, acceptable uses of accumulated unspent state funds balances, and review of unspent balances. Contract Process Once the Department distributes the CARS software and Letters of Notification, CSBs will submit all of the contract's Exhibit A electronically using CARS software. CARS software contains Table 2: FY 2017 CSB Management Salary Costs, which enables CSBs and the Department to respond to requirements in § 37.2-504 of the Code of Virginia. This table also collects FTE information by program area and for emergency and ancillary services, including numbers of peer providers. Peer providers are staff who self -identify as individuals receiving services and have been hired specifically as peer providers. Staff not hired as peer providers, even if they have a mental health or substance use disorder or intellectual disability, should not be reported as peer providers. To be accepted for processing by the Department, a performance contract must satisfy the requirements and criteria in Exhibits E and I of the contract. 1. Exhibit A and Table 2 must be submitted to Information Services and Technology in the Department using CARS software and must be complete and accurate. 2. Since the contract is being distributed electronically, the parts of the contract that are submitted on paper should be printed, signed where necessary, and mailed to the Office of Support Services when Exhibit A is submitted. See Exhibit E in the contract. These parts are: • signature page of the contract body (page 30) • clinical criteria for TDO admissions in residential crisis stabilization units required in section 6.b.11.), P162 • signature page of Exhibit B, • Exhibit D (if applicable), • Exhibit F (two pages), and • Exhibit G. FY 2018 COMMUNITY SERVICES PERFORMANCE CONTRACT RENEWAL May 12, 2017 Page 3 The Department must receive all parts of the contract submitted on paper before a contract submission will be considered complete. 3. Exhibit A must conform to allocations of state and federal funds in the Letter of Notification, unless amounts have been revised by or changes negotiated with the Department and confirmed by the Department in writing. Total funds in each program area (pages AF -1 through AF -8) must equal total costs shown on Forms 11, 21, 31, and 01 or differences must be explained on the Financial Comments form. 4. Contracts must contain actual appropriated amounts of local matching funds. If a CSB cannot include the minimum 10 percent local matching funds in its contract, it must submit a written request for a waiver of the local matching funds requirement, pursuant to § 37.2-509 of the Code of Virginia and State Board Policy 4010, to the Office of Support Services with its contract. More information about the waiver request process is attached to this memo. The FY 2018 contract renewal and other materials described above are due in the Department's Office of Support Services by June 30, 2017, except for Exhibit A that is submitted to Information Services and Technology by the same date. Section 37.2-508 or 37.2-608 of the Code of Virginia authorizes the Department to provide up to six semi-monthly payments of state and federal funds to allow sufficient time to complete local government approval and Department negotiation and approval of the contract. Exhibit E automatically provides the first two semi-monthly July payments, whether or not a contract has been submitted. The process conditions the next four semi- monthly payments (two in August and two in September) on the Department's receipt of a complete performance contract. Once a contract is received in the Department, the Community Contracting Director will review it and notify the CSB within five working days that it is or is not accepted for review by the Department. Unacceptable contracts will need to be revised before the Department will process them. If you have any questions about this memo or the contract documents, please e-mail or call Joel Rothenberg, the Community Contracting Director, at Joel.rothenberv&dbads.virginia.gov or (804) 786-6089 or me at paul. ilding_9dbads.vir inia.gov or (804) 786-4982. Thank you. Enclosures (4) pc: Dawn M. Adams, DNP Dan Hinderliter Beverly D. Rollins Peggy S. Balak Kevin A. Howard Joel B. Rothenberg Jack W. Barber, M.D. Martha Kurgens Michael A. Schaefer Mary Begor Margaret Anne Lane Randy B. Sherrod Cleopatra L. Booker, Psy.D. Eric S. Leabough Challis H. Smith Gabriella C. Caldwell -Miller Deborah M. Lochart Debbie A. Smith Connie L. Cochran Janet S. Lung Becky L. Sterling Mindy Conley Kate Marshall Gail M. Taylor Donald D. Darr Holly E. Mortlock Dawn A. Traver Andrew Diefenthaler Dev Nair, Ph.D. Julie M. Truitt Kathy B. Drumwright Heather A. Norton Charlotte Watts, Ph.D. William R. Frank Diane Oehl Allen Wass Stacy H. Gill, LCSW Susan D. Pauley Florence B. Wells Marion Y. Greenfield Stacy L. Pendleton Allyson K. Tysinger, J.D. Kenneth M. Gunn, Jr. Phil R. Peter, MBA Jennifer M. Faison Daniel L. Herr, J.D. Mellie E. Randall P163 MINIMUM TEN PERCENT LOCAL MATCHING FUNDS WAIVER REQUEST ATTACHMENT A CSB should maintain its local matching funds at least at the same level as that shown in its FY 2016 performance contract. The 2016 Appropriation Act prohibits using state funds to supplant local governmental funding for existing services. If a CSB is not able to include at least the minimum 10 percent local matching funds required by § 37.2-509 of the Code of Virginia and State Board Policy 4010 in its performance contract or its end of the fiscal year performance contract report, it must submit a written request for a waiver of that requirement, pursuant to that Code section and policy, to the Office of Support Services with the contract or report. In accordance with section 7.g of the Community Services Performance Contract, if only a CSB's receipt of state funds as the fiscal agent for a regional program, including regional DAP, acute inpatient (LIPOS), or state facility reinvestment project funds, causes it to be out of compliance with the 10 percent local matching funds requirement in § 37.2-509, the Department will grant an automatic waiver of that requirement related to the funds for a regional program allocated to the other participating CSBs. The amount of state funds the CSB uses for its own participation in the regional program is not eligible for this automatic waiver. The CSB must submit a written request for the waiver, identifying the specific amounts and types of those funds that cause it to be out of compliance with the local matching funds requirement, but without the documentation required below in items 3, 4, and 5, and the Department will approve an automatic waiver in a letter to the CSB. I. State Board Policy 4010 defines acceptable local matching funds as local government appropriations, philanthropic cash contributions from organizations and people, in-kind contributions of space, equipment, or professional services for which the CSB would otherwise have to pay, and, in certain circumstances, interest revenue. All other funds, including fees, federal grants, other funds, and uncompensated volunteer services, are not acceptable. 2. Section 37.2-509 of the Code of Virginia states that allocations of state funds to any CSB for operating expenses, including salaries and other costs, shall not exceed 90 percent of the total amount of state and local matching funds provided for these expenses. This section effectively defines the 10 percent minimum amount of local matching funds as 10 percent of the total amount of state and local matching funds. 3. The written waiver request must include an explanation of each local government's inability to provide sufficient local matching funds at this time. This written explanation could include, among other circumstances, the following factors: a. an unusually high unemployment rate compared with the statewide or regional average unemployment rate, b. a decreasing tax base or declining tax revenues, c. the existence of local government budget deficits, or d. major unanticipated local government capital or operating expenditures (e.g., for flood damage). 4. Additionally, the waiver request must include information and documentation about the CSB's efforts to obtain sufficient local matching funds. Examples of such efforts could include newspaper articles, letters from CSB members to local governing bodies outlining statutory matching funds requirements, and CSB resolutions. 5. Finally, the waiver request must include a copy of the CSB's budget request that was submitted to each local government and a copy or description of the local government's response to it. P164 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Request from Fire & Rescue Association SUBJECTIPROPOSAUREOUEST: Additional funding for Rescue 1 truck STAFF CONTACT(S): Smitherman, Davis AGENDA DATE: 09-19-2017 ACTION: CONSENT AGENDA: ❑ ROLL CALL VOTE: ❑ ITEM NUMBER: 12 INFORMATION: ❑ ATTACHMENTS: Request from Fire & Rescue Association; Mutual Aid Agreement with City of Danville; Summary of Rescue 1 Expenses to date SUMMARY: On September 30, 2015, the Board of Supervisors approved Carryover Funds for a vehicle for the Fire & Rescue Association. This vehicle was purchased in October 2016. The Association requested an additional $105,000 to the Rescue 1 account during the FY18 budget process; the request was denied since there was already $106,000 in the account as of April 1, 2017. The account has been spent down to $31,054 over the past four (4) month. Last month the Association requested $116,425 of unused FY16 funds be carried -over to FYI for additional upfit; this money was instead used to fund the new Public Safety Coordinator position and the additional EMS unit for Northern Pittsylvania County. Please be aware that the County has a mutual aid agreement with the City of Danville to provide heavy rescue services if a matter arises that the County agencies are unable to handle. FINANCIAL IMPACT AND FUNDING SOURCE: Unappropriated fund balance: $116,425 RECOMMENDATION• It is recommended that the Board of Supervisors deny the request and ask the yet -to -be -hired Public Safety Coordinator to provide advice as to future investments in Fire and Rescue apparatus. MOTION: P165 Prom: Dean Fowler [mailto:deanfbwler02Ayahoo.com] Sent: Friday, September 1, 2017 10:08 AM To: David M. Smitherman <David.SmithermanO,)pitt og v_ore> Subject: Re: Rescue 1 equipment funding The association is coming to the board to request the funding to complete the equipping of the county owned rescue truck. This funding is needed to get the truck to the capabilities of responding to situations like structural collapse in the event of a tornado, water rescue, heavy vehicle extrication, industrial accidents involving entrapment, high angle and low angle rescue (rope rescue situations) confined space issues, and trench rescues. Its been said that the Danville Life Saving Crew has the equipment to cover these calls, and that is not the case. They only do vehicle extrication and water rescue, the Danville Fire Department does the other rescue disciplines for the city and carries that equipment on their trucks. Thanks, Dean P166 JosEPN C. KING 427 PAWoN &mcE (434) 7945100 CRY MANAGER P. O. BOX 3300 DAmwI , VIRGINIA 24543 FAX: (434) 799$549 E-MAIL' Itiugjc©ci.daovillt.va.us www, dauvillo-va.gov December 3, 2013 Otis S. Hawker Interim County Administrator Pittsylvania County, Virginia P. O. Box 426 Chatham, VA 24531 RE: Fire/Emergency Services Mutual Aid Agreement between the County of Pittsylvania, Virginia and the City of Danville, Virginia Dear Mr. Hawker: Enclosed you will find one fully executed original of the Mutual Aid Agreement between the County of Pittsylvania, Virginia and the City of Danville, Virginia. By copy of this letter, I am forwarding the City's original to the City Clerk for our files along with a copy to the Fire Chief. Sincerely, Vicky L. Farmer Executive Assistant Enclosure C: Sue DeMasi, City Clerk (w/original) David Eagle, Fire Chief (w/copy) P167 FIRE/EMERGENCY SERVICES MUTUAL AID AGREEMENT BETWEEN THE COUNTY OF PITTSYLVANIA, VIRGINIA AND THE CITY OF DANVILLE, VIRGINIA THIS FIRE/ EMERGENCY SERVICES MUTUAL AID AGREEMENT ("the Agreement") is made and entered into this day of/1b&mbL,,2013, by and between the COUNTY OF PITTSYLVANIA, VIRGINIA ("County"), a political subdivision of the Commonwealth of Virginia, and the CITY OF DANVILLE, VIRGINIA ("City"), a political subdivision of the Commonwealth of Virginia, (collectively sometimes "the parties"). WHEREAS, both County and City each maintain firefighting equipment and provide these services with the help of dedicated personnel, as authorized by Sections 27- 6.1 and 27-23.1 of the Code of Virginia, 1950, as amended; and WHEREAS, the Pittsylvania County Board of Supervisors and the City Council of the City of Danville have concurred in the effort to develop a mutual aid agreement for improved firefighting and EMS capabilities within and around the jurisdictions of Pittsylvania County and the City of Danville; and WHEREAS, it is deemed to be mutually beneficial to both County and City to enter into this Agreement concerning mutual aid with regard to the provision of fire suppression and operations, fire prevention, fire investigations, hazardous materials response, specialized rescue response, incident management, emergency medical services, and to serve as the back-up emergency dispatch center by County and City; and WHEREAS, the County of Pittsylvania and the City of Danville desire that the terms and conditions of the Agreement be established. NOW, THEREFORE, WITNESSETH, that for and in consideration of the mutual benefits to be derived by County and City from this Agreement, County and City hereby covenant and agree, each with the other, as follows: 1. County and City will endeavor to provide each other fire suppression and operations, fire prevention, fire investigations, hazardous materials response, specialized rescue response, incident management, emergency medical services, and to serve as the back-up emergency dispatch center within their respective capabilities available at the time a request for such service is made. 2. Nothing in this Agreement is intended or shall be interpreted, or construed to compel or require either party to respond to a request for service from the other party when the services of the party to whom the request is being made are already needed or are in use at the time the request is made, nor shall any such request compel or require the party to whom the request was made to continue to Page 1 of 4 P168 provide service to the other party when its personnel, apparatus, or equipment are needed to meet its own emergency response responsibilities. 3. County and City through its recognized fire departments recognize, that they are both fully capable of providing the services which are the subject of this Agreement within their respective boundaries, and have met the necessary training requirements to render the requested service. County and City also recognize that the intent of this Agreement is to supplement needed emergency services during times of need if resources are available and shall not be used to take the place of a service offered by the requesting jurisdiction. 4. Neither party shall be liable to the other for any loss, damage, personal injury, or death, including claims of contribution or indemnity, resulting from the performance of this Agreement, including but not limited to, acts or omissions which occur (1) during joint emergency response activities or (2) while in transit to or from an emergency response scene. 5. Neither party shall be expected or required to reimburse the other for the cost of apparatus, equipment, or personnel utilized as a result of a response to a request for assistance pursuant to this Agreement, unless otherwise specified by law. Notwithstanding the foregoing, a party requesting and receiving assistance shall reimburse the other party for the actual cost of specialized extinguishing agents or materials used in the requesting jurisdiction in the performance of this Agreement. Nothing in this agreement shall be construed to prevent either party from seeking reimbursement of the costs of emergency assistance from other individuals or entities or from state or federal funding sources as may be provided by law. 6. County and City fire and EMS/Rescue units shall respond to a call for service only upon request of the official designated for that purpose. The parties shall notify one another of the identity of the official or officials designated to request such assistance. The Pittsylvania County Emergency Communications Center/Dept of Emergency Management will notify both County and City units of all fire and EMS/Rescue calls received within Pittsylvania County where mutual aid assistance is required, and likewise the Danville Emergency Communication Center will notify both County and City units of all fire and EMS/Rescue calls received within Danville where mutual aid assistance is requested. Calls for service received from City will be directed to the Pittsylvania County Emergency Communications Center and calls from County will be directed to the Danville Emergency Communication Center, for appropriate handling. Mutual aid requests through the Virginia Statewide Mutual Aid system, or through regional hazardous materials contracts, shall come through the Virginia Emergency Operations Center. If for any reason requested mutual aid assistance cannot be rendered, then this should be immediately communicated to the requesting party. 7. When a party hereto responds to a request for assistance pursuant to this Agreement, its personnel manning the responding units shall not become Page 2 of 4 P169 employees of the party making such request for purposes of the Virginia Workers Compensation Act. S. Pursuant to Section 27-23.9 of the Code of Virginia, 1950, as amended, whenever two (2) or more fire companies or departments are called to provide joint services in any district or political subdivision, the commander of the first company to arrive shall have general supervision and control of all such participating companies and departments until an officer of such district or political subdivision who is otherwise authorized by law to do so shall assume such general supervision and control. 9. Notwithstanding anything to the contrary contained in this Agreement, nothing in this Agreement is intended or shall be construed to require either party to indemnify or save or hold harmless the other party, including, its officers, agents, and employees, from any liability for any act or omission occurring during or in connection with the performance of this Agreement. 10. Nothing contained in this Agreement shall confer any right upon any person other than the parties to this Agreement. This Agreement shall not be construed to impair or affect any sovereign or governmental immunity or official immunity that may otherwise be available to Pittsylvania County or any officer, or employee of Pittsylvania County, or to Danville City or any officer, agent, or employee of Danville City. 11. This Agreement supersedes all previous mutual aid agreements for fire, including memoranda of understandings, for services which are the subject of this Agreement between the County of Pittsylvania and the City of Danville. 12. This Agreement may be amended only in writing, signed by an authorized representative of each party, and may be terminated at any time by either party giving (30) thirty days written notice to the other party. IN WITNESS WHEREOF, Pittsylvania and Danville have caused this Agreement to be executed by their duly authorized representatives, all as of the day and year first above written. COT OF PI SYLV IA, VIRGINIA sy Title: Interim County Administrator Page 3 of 4 P170 Approved as to form: Y44 Pittsylvania County Attorney City of Danville, Virginia CITY OF DANVILLE, VIRGINIA By: Title: City Manager Page 4 of 4 P171 Summary of Rescue 1 Expenses to date Electrical 2 -Weatherproof boxes and covers for junction boxes 8- Twist lock Mal 20 amp 125 volt plugs 4- Twist lock Female 20 amp a125 volt plugs 8- Female 20 amp plugs 20' of 12/3 50 cord 8- SO box connectors Misc 2- Igloo Sportsman 55 coolers with insulation to store ice for 72 hours 6- Easy up chairs 2- Pelican 9460 Remote Area Lighting System, portable lights 6- Werner 4'x16"x20" Aluminum Work Platform 2- 120 volt 12 Amp Sawzalls 3- 40' Retractable cords Fire Extinguishers 2- 2.5 gal. water cans 2- ABC Dry Powder (101b) 1- CO2 (101b) 1- Class D (101b) Hand Tools 1- Pick Head Axe 1- Flat Head Axe Fire Hooks Unlimited Hammermaxx Tool Irons Shoulder Strap 1- Fire Hooks Unlimited Crow Bar 51" 2 — Stanley Tools 15" FatMax functional utility bar 2- Stanley Tools 30" Xtreme FuBarlll 2- Farr -Barr Multi -Purpose Fire Tool 1- New York Roof Hook 8' w/D handle end 1- New York Roof Hook 10' w/D handle end 1- Bolt cutters K Tool Kit Ajax Rescue Tolls Super Duty Master Air Hammer Kit 2- 101b Sledge Hammers Little Giant Overhaul Ladder 3/8 in. x 25 ft. PVC/Rubber Hybrid Air Hose 3/8 in. Composite Air Impact Wrench P1 72 1/2 in. Aluminum Air Impact Wrench 3/4 in. Heavy Duty Air Impact Wrench 20 ton Hydraulic Low Profile Heavy Duty Bottle Jack 8 Ton Hydraulic Heavy Duty Bottle Jack 3 Ib. Neon Orange Dead Blow Hammer 1-1/2 Ib. Rubber Mallet 24 oz. Fiberglass Framing/Rip Hammer 25 ft. x 1 in. QuikFind Duralock Tape Measure 4 Pc Adjustable Laser Etched Wrench Set 7 Pc Professional Metric Nut Driver Set 7 Pc Professional SAE Nut Driver Set 3 Pc SAE/Metric/Torx Folding Hex Key Set 22 Pc Screwdriver Set 24 in. Steel Pipe Wrench 18 in. Steel Pipe Wrench 14 in. Steel Pipe Wrench 4 Pc Tongue and Groove Joint Pliers Set 1/2 in. Drive 25 in. Breaker Bar 3 ton Low Profile Steel Heavy Duty Floor Jack with Rapid Pump 6 ton Steel Jack Stands 1/6 HP Submersible Utility Pump 1600 GPH 3/4 in. x 50 ft. Commercial Duty Garden Hose 6- Streamlight Fire Vulcan LED Flashlights w/ bank charger 1- Stihl MS461R Rescue Chainsaw with 20" bar 1- Spare Chain 1- Depth Limiter Kit Super VAC SVC4 Power Pro Cutoff Saw Super VAC 14" Tiger Tooth replacement saw blade Milwaukee M28, 28 Volt Cordless Lithium -Ion Tools 4pc combo kit Grinder/ cut-off tool %:" impact wrench 3 bay universal charger 3- Red Lithium Batteries Salvage Covers 4- 12'x14' 2- 9'x12' 2- 3'x20' hall runners Throw Bags Side Arm Throw Bag — 50" of 5/16" Waterline w/out QRU belt Side Arm Throw Bag— 50" of 5/16" Waterline w/ QRU belt Side Arm Throw Bag — 75" of 1/4" Ultraline w/ QRU belt P173 10- Sharpshooter Throw Bag - 75" of 5/16" Waterline w/ QRU belt Big Shot Throw Bag — 75' of 3/8" Grabline Big Shot Throw Bag — 75' of 3/8" Ultraline Oxygen Supplies 6- MSA G1 SCBA 6- Medium G1 Face piece 6- G1 Cylinder 3- Replacement Rechargeable pack 1- Rechargeable Battery Charging Station Jaws of Life JL -500 Streamline Cutters ML -28 w/PB Arms w/SLS Defender T-59 Ram Streamline MOC Combi Streamline 1L-300 Streamline Ram 2- 30" Yellow/Grey Hose C -Frame Ram Support P17a PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Pittsylvania County Schools Bus/Vehicle Lease SUBJECT/PROPOSAL/REQUEST Appropriation of School Bus/Vehicle Lease STAFF CONTACT(s): Ms. Van Der Hyde SUMMARY: AGENDA DATE: 09-19-2017 ACTION: CONSENT AGENDA: ❑ ROLL CALL VOTE: ATTACHMENTS: ITEM NUMBER: 13 INFORMATION: ❑ Lease Purchase Contract REVIEWED BY: V The Pittsylvania County School Board recently entered a lease with First Citizens Bank to purchase 6 passenger buses, 1 special needs bus and 3 maintenance -service vehicles. 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. The School Board received sealed bids to ensure receiving the best interest rate for purchasing a total of 10 buses/vehicles to be used in the Pupil Transportation Department. First Citizens Bank was the bank providing the lowest rate of 1.51 %. FINANCIAL IMPACT AND FUNDING SOURCE: The total amount financed was $678,714.00 and will be financed for 3 years. The 2018 lease payment has already been appropriated to the School Board's 2018 budget. Please see the attached lease purchase contract for further information. RECOMMENDATION: For auditing purposes, staff recommends that the Board of Supervisors ratify the attached lease and appropriate $678,714.00 to Fund 210 for the purpose of purchasing 10 buses/vehicles and have these funds maintained by the Treasurer's Office. MOTION: Motion to ratify the attached lease and appropriate $678,714.00 to Fund 210 for the purpose of purchasing 10 buses/vehicles and have these funds maintained by the Treasurer's Office. PI 75 LEASE PURCHASE CONTRACT Not Exceeding 5678,714 for a term of 24 months at a Bank -Qualified rate of 1.51% THIS LEASE PURCHASE CONTRACT, dated as of July 27, 2017 (the "Contract'), by and between FIRST -CITIZENS BANK & IRUST COMPANY (the 'Bank") and Pittsylvania County School Board (the "Borrower"), a body politic and corporate of the Commonwealth of Virginia (the "State"). 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 State; and WHEREAS, the Borrower has the power to finance the acquisition of personal property by contracts that create in some or all of the property acquired a security interest to secure repayment of the financing; and WHEREAS, the Borrower has determined it is in the best interest of the Borrower to lease the Equipment (as hereinafter defined) and has requested the Bank advance funds for the acquisition of the Equipment; and WHEREAS, the Bank has agreed to advance or make available funds for the lease of the Equipment and has further agreed to make the Equipment available for use by the Borrower; and WHEREAS, the Borrower will make Payments (as hereinafter defined) to the Bank for the lease and use of the Equipment from the Bank during the Term (as hereinafter defined); and WHEREAS, in order to secure the obligations of the Borrower hereunder, the Borrower has agreed to grant the Bank a security interest in the Equipment. 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: ARTICLE 1. DEFINITIONS For purposes of this Contract, the following definitions will apply: 1.1 "Acceptance Certificate" means the final Disbursement Request Form executed by the Borrower which certifies that the Borrower has acquired and accepted all of the Equipment. 1.2 "Additional Payments' means all amounts, other than Payments, due from the Borrower to the Bank under this Contract. 1.3 "Advancement' means the aggregate amount as described on Exhibit B of this Contract, which will he advanced by the Bank to enable the Borrower to lease the Equipment and pay the Closing Costs pursuant to the terms of this Contract. 1.4 "Borrower Authorized Representative" means the individuals designated to act on behalf of the Borrower in matters relating to this Contract, as evidenced by a written certificate furnished to the Bank containing the specimen signature of the authorized individuals. P176 1.5 "Change in Deductibility" has the meaning set forth in Section 14.3. 1.6 "Closing Costs" means all items of expense directly or indirectly payable by or reimbursable to the Borrower relating to the financing of the Equipment, including, but not limited to, filing and recording costs. settlement costs, printing costs, word processing costs, reproduction and binding costs, legal fees and charges and financing and other professional consultant fees. 1.7 "Date of Taxability" has the meaning set forth in Section 14.2. 1.8 "Determination of Taxability" has the meaning set forth in Section 14.2. 1.9 "Disbursement Request Form" means the form attached to this Contract as Exhibit C pursuant to which the Borrower requests all or a portion of the Advancement for the purchase of the Equipment in accordance with Article 2 hereunder. 1.10 "Equipment' means the personal property described in Exhibit of this Contract. I.I 1 -Escrow Agent' means First -Citizens Bank & Trust Company in its capacity as Escrow Agent. 1.12 "Escrow Fund" means the account created pursuant to Section 2.3 in which all or a portion of the Advancement is deposited by the Bank with the Escrow Agent. 1.13 **Event of Default' has the meaning set forth in Section 12.1. 1.14 "Event of Non -appropriation" has the meaning set forth in Section 5.2(a). 1.15 "Event of Taxability" has the meaning set forth in Section 14.2. 1.16 "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. 1.17 "Nonqualification Date" has the meaning set forth in Section 14.3. 1.18 "Payments" means those payments made by the Borrower to the Bank for the lease of the Equipment as described in Article 4 of this Contract and in the Payment Schedule. 1.19 "Payment Schedule' means the schedule of Payments attached hereto as Exhibit B and incorporated herein by reference, which describes the Borrower's Payments due hereunder. 1.20 "Term" means the term of this Contract, which commences on the date first written above, and terminates, subject to Section 5.2, on the payment by Borrower of all payments due under this Contract. 1.21 "Uniform Commercial Code" means the Uniform Commercial Code as adopted and codified in the laws of the State. P177 ARTICLE 2. ADVANCEMENT; ESCROW FUND 2.1 At closing. the Bank shall (i) advance all or a portion of the Advancement for the purpose of acquiring the Equipment, or paying Closing Costs, if any, pursuant to a Disbursement Request Form delivered by the Borrower to the Bank, and (ii) deposit the remainder of the Advancement, if any, in the Escrow Fund to be disbursed according to Section 2.2. 2.2 Requisition of Advancement Disbursement. If funds are deposited in the Escrow Fund pursuant to Section 2.1, then to receive a disbursement from the Escrow Fund, a Borrower Authorized Representative shall prepare and execute a Disbursement Request Form and deliver to the Bank and Escrow Agent. The Borrower shall attach to the Disbursement Request Form such documents as may be required by the terms of the Disbursement Request Form to suppon the request of funds from the Escrow Fund. 2.3 Escrow Fund. Prior to a deposit in the Escrow Fund pursuant to Section 2, 1, if any, the Escrow Agent shall establish and hold the Escrow Fund separate and apart from all other funds and accounts of the Borrower. The portion of the Advancement, if any, deposited in the Escrow Fund constitutes the principal of the Escrow Fund, The Escrow Agent shall invest and reinvest the Escrow Fund in a Bank depository account and any interest earned on the principal amount on deposit in the Escrow Fund shall be accrued and retained in the Escrow Fund. Amounts on deposit in the Escrow Fund are subject to a lien and charge in favor of the Bank to secure the Borrower's obligation under this Contract. The Escrow Fund shall terminate on the earlier of (a) receipt by the Bank and Escrow Agent of an Acceptance Certificate from the Borrower, (b) written notice to the Escrow Agent from the Bank of a default by the Borrower under the Contract, or (c) termination of the Contract. Any funds on deposit in the Escrow Fund on termination of the Escrow Fund shall be applied first against the principal portion of the remaining Payments, then accrued but unpaid interest, and last to any other amounts due under this Contract. Any balance remaining shall be distributed to the Borrower. ARTICLE 3. ACQUISITION OF EQUIPMENT 3.1 Acquisition of EguiplDgni. The Borrower will acquire the Equipment with the Advancement. To the extent that the Advancement is insufficient to complete the acquisition of the Equipment, the Borrower is responsible for the balance of funds required or shall reduce the scope of the Equipment needed. 3.2 Acceptance of Equipment. The Borrower shall accept the Equipment when and if delivered and placed in good repair and working order and hereby authorizes the Bank to add to Exhibit A, the serial number of each item of Equipment so delivered and any other information necessary, in the Bank's sole determination, to fully describe each item of Equipment. Any delay in delivery of the Equipment does not affect the validity of this Contract or the Borrower's obligations hereunder. Borrower shall notify the Bank that all Equipment has been received and accepted by executing the Acceptance Certificate. For purposes of laws governing taxation and conditional sales, title to the Equipment is deemed to be in the Borrower, subject to immediate and automatic reversion to the Bank in accordance with Article 5 on default by the Borrower under this Contract, or failure to appropriate sufficient funds to make any Payment. 3.3 EaWriment as Personal Property. The Equipment is, and shall at all times during the Term be and remain, personal property. No portion of the Equipment will become fixtures within the meaning of Article 9 of the Uniform Commercial Code. 3.4 No Alteration. The Borrower shall not make any alterations, additions, or improvements to the Equipment without the Bank's prior wrinen consent. unless such alterations, P178 additional or improvements may be removed without damage to the Equipment and without diminution of the subsequent value or utility of the Equipment. Any alterations, additions or improvements to the Equipment that the Bank reasonable deems cannot be removed without damage or diminution will be deemed permanently affixed to and for purposes of this Contract will become pan of the Equipment and subject to all rights of the Bank herein. ARTICLE 4. REPAYMENT OF ADVANCEMENT 4.1 Amounts and Times of Payment_, The Borrower shall repay the Advancement as provided in the Payment Schedule. Each Payment as represented on the Payment Schedule includes a principal component and an interest component. Each Payment is payable without notice or demand. 4.2 Lease Payment. Each Payment is a lease payment. On payment of all Payments and any other amounts payable under this Contract, the Borrower may purchase the Equipment from the Bank for $1.00. 4.3 Late Pa my ents. On failure by the Borrower to make a timely Payment, interest on the then outstanding principal balance shall continue to accrue at the rate indicated on the Payment Schedule until paid by the Borrower. 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. 4.4 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. 4.5 No Abatement of Payments, The obligation of the Borrower to make Payments or Additional Payments is not subject to abatement or reduction of 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 the entire risk of loss and damage to the Equipment from any cause whatsoever, it being the intention of the parties that the Payments and Additional Payments shall be made in all events unless the obligation to make such Payments and Additional Payments is terminated as otherwise provided herein. 4.6 Q2tional Prepayment of Installment Payment . If the Borrower is not in default of its obligations under this Contract, then the Borrower may prepay the outstanding Payments designated as principal, in whole at a prepayment price equal to one hundred percent (100%) of the principal balance thereof, together with accrued interest to the date of prepayment. The Borrower shall provide 30 days' prior written notice to the Bank prior to exercising the option provided under this section. 4.7 Conveyance of Equipment. On payment by the Borrower of all amounts outstanding under this Contract, all of the Bank's right, title and interest in and to the Equipment will be conveyed to the Borrower and, if requested by Borrower, the Bank shall deliver such documents to evidence the transfer of the Bank's interest in the Equipment to Borrower. ARTICLE 5. EVENT OF NON -APPROPRIATION 5.1 Limited Obligation of the Borrower. Subject at all times to Section 5.2, it is the Borrower's present intent, to make all Payments and Borrower reasonably believes that funds can be obtained sufficient to make all Payments. The Borrower agrees that funds, if any, which are legally P179 available for Payments and the performance of other obligations set forth in this Contract, will be applied to Payments and the performance of such obligations. NOTWITHSTANDING THE FOREGOING, THE FULL FAITH, CREDIT AND TAXING POWER OF THE BORROWER ARE NOT PLEDGED FOR THE REPAYMENT OF THE ADVANCEMENT. THE PARTIES AGREE THAT NOTHING CONTAINED IN THIS CONTRACT IS INTENDED TO CREATE, OR DOES CREATE, INDEBTEDNESS OF THE BORROWER WITHIN THE MEANING OF ANY STATE CONSTITUTIONAL OR STATUTORY LIMITATION OR RESTRICTION AND SHALL NOT BE SO CONSTRUED. NO PROVISION OF THIS CONTRACT IS TO BE CONSTRUED TO PLEDGE OR TO CREATE A LIEN ON ANY CLASS OR SOURCE OF BORROWER'S MONEYS [(OTHER THAN THE FUNDS HELD IN THE ESCROW FUND)], NOR SHALL ANY PROVISION OF THIS CONTRACT RESTRICT THE FUTURE ISSUANCE OF ANY OF BORROWER'S BONDS OR OBLIGATIONS PAYABLE FROM ANY CLASS OR SOURCE OF BORROWER'S MONEYS (EXCEPT TO THE EXTENT THIS CONTRACT RESTRICTS THE INCURRENCE OF ADDITIONAL OBLIGATIONS SECURED BY THE EQUIPMENT). Sa Non -appropriation. (a) All payment and performance obligations of the Borrower under this Contract coming due during the fiscal years that follow the fiscal year in which the Term commences are subject to the availability and appropriation of funds by the governing body of the Borrower. If the governing body of the Borrower, on consideration of the budget submitted for approval by the chief financial officer of the Borrower, which budget shall include the amounts of all Payments and any Additional Payments to become due in the fiscal year in which the budget is applicable, determines in its sole discretion not to include the amounts for the Payments and Additional Payments in its final approved budget, then an "Event of Non -appropriation" is deemed to have occurred. The chief financial officer of the Borrower shall promptly notify the Bank in writing of the occurrence of an Event of Non -appropriation; (b) On the occurrence of an Event of Non -appropriation that is not waived in accordance with subsection (c) below, without penalty or expense to Borrower of any kind whatsoever, as of the last day of the fiscal year in which the governing body of the Borrower lawfully budgeted funds to make Payments and Borrower shall have no further obligation to Payments under this Contract, except as to those Payments funds which have been lawfully budgeted and remain unpaid. No right of action or damages will accrue to the benefit of the Bank, or its assignee, as to that portion of Payments which remain unpaid as a consequence of an Event of Non -appropriation; (c) Bank may, in its sole discretion, on request by the chief administrative officer of the Borrower, temporarily waive the occurrence of an Event of Non -appropriation and suspend termination of this Contract for the purpose of allowing reconsideration by the Borrower's governing body of its decision to not appropriate funds with which to pay Payments. If such waiver is granted by Bank, then it is effective for thirty (30) days from the beginning of the fiscal year to which the Event of Non -appropriation applies (the "Waiver Period"). If the Borrower's governing body lawfully appropriates sufficient funds to make Payments prior to the expiration of the Waiver Period, then the Event of Non - appropriation is deemed to have been remedied, this Contract shall not terminate and the parties shall be restored to the status quo ante. If Borrowers governing body fails to lawfully appropriate sufficient funds for Payments during the Waiver Period, then this Contract terminates on the first day following the end of the Waiver Period; (d) On the occurrence of an Event of Non -appropriation that is not waived in accordance with subsection (c), or following expiration of the Waiver Period in which such Event of Non - appropriation remains uncured, the Borrower agrees to peaceably surrender possession of the Equipment to Bank or its assignee at such place as designated by the Bank or its assignee immediately following the termination of this Contract pursuant to this Section 5.2, and the Equipment shall be packed at Borrower's P180 cost for shipment at Borrower's cost in accordance with manufacturer specifications. If Borrower remains in possession of the Equipment, or any portion thereof, more than five business days following termination of this Contract in accordance with this Section 5.2, then Borrower will be deemed a lessee - at -will and shall pay to the Bank a fair and reasonable amount as rental for use of the Equipment during such period (as determined by Bank in its reasonable judgment); and (e) On termination of this Contract under this Article 5 and notwithstanding the provisions of subsection (d), Bank is authorized, to the extent permitted by applicable law, to, elect in its sole discretion (i) take possession of the Equipment, with or without legal action, (ii) lease the Equipment, (iii) collect all rents and profits therefrom, with or without taking possession of the Equipment, and (iv) after deducting all costs of collection and administration expenses, apply the net rents and profits first to the payment of necessary maintenance and insurance costs, and then to Borrower's account and in reduction of the amounts due from Borrower to Bank hereunder, if any. ARTICLE 6. REPRESENTATIONS AND WARRANTIES OF BORROWER AND THE BANK 6.1 Representation and Warranties of the Borrower. The Borrower represents and warrants that each of the following is true in all material respects: (a) The Borrower is a public body corporate and politic duly created and existing under the laws of the State, 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 State, 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) Since the date the Bank submitted its proposal to enter into this Contract with the Borrower, there has been no material change in the financial affairs of the Borrower which would affect its ability to make Payments and perform its other obligations under this Contract; (e) 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 that challenges or questions (i) the validity or enforceability of this Contract or any other documents relating hereto, (ii) the performance of the Borrower's obligations hereunder. (iii) the right of any member of the Borrower's governing body to hold office, (iv) the validity of the proceedings by which the Borrower's entry into this Contract has been authorized (v) the authority of the Borrower to acquire the Equipment or (vi) the authority of the Borrower to appropriate funds to make Payments; P181 (f) The Borrower's entry into and compliance with the provisions of this Contract, tinder the circumstances contemplated hereby, does not and will not in any material respect conflict with, or constitute on the pan of the Borrower a breach of or default under 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; (g) There are no liens or encumbrances on the Equipment other than the lien created by this Contract; (h) 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; (i) The Borrower has appropriated or otherwise has legally available and sufficient funds to pay all amounts due under this Contract within the Borrower's current fiscal year. The Borrower has not terminated any lease, rental agreement, payment agreement, equipment acquisitions, lease - purchase agreement or installment purchase contract to which the Borrower has been a party at any time during the past 10 years as a result of insufficient funds being appropriated in a fiscal year. During the past 10 years, no event has occurred which would constitute an event of default under any debt, revenue bond or obligation issued by or on behalf of the Borrower; and 6) if this Contract is indicated as "Bank Qualified" on the first page of this Contract, then the Borrower designates its obligation hereunder as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended ("Code"). The Borrower (i) has not and does not expect to 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 designated during this calendar year more than $10,000,000 of its obligations (or of its subordinate units) as "qualified tax-exempt obligations." 6.2 RelIrc5gritatigns and Warranties of the Bank. The Bank represents and warrants that each of the following is true in all material respects: (a) The Bank has the power and authority to enter into this Contract; (b) Neither the execution and delivery of this Contract nor the fulfillment of or compliance with the terms and conditions hereof or thereof, nor the consummation of the transactions contemplated hereby or thereby, conflicts with or results in a breach of the terms, conditions or provisions of the organizational documents of the Bank or any restriction or any agreement or instrument to which the Bank is now a party or by which the Bank is bound; (c) The Bank is entering into this Contract as a vehicle for making a commercial loan and without a present view to the distribution thereof (subject, nevertheless, to any requirement of law that the disposition of its property shall at all times be under its control) within the meaning of the federal securities laws; (d) The Bank is entering into this Contract solely for its own account and no other person now has any director indirect beneficial ownership or interest therein; (e) The Bank is cognizant to the extent it deems necessary of the financial and business conditions of the Borrower; the Bank has a net worth substantially in excess of the cost of this Contract and in the event it should unexpectedly incur the loss of the entire value of this Contract, such loss would not materially adversely affect its financial condition; and P182 M The Bank has made such investigation as it deems necessary to make its investment decision, and all information, books and records requested by it have been furnished to it; the Bank acknowledges that. except for the financial information received by it and relied on by it from the Borrower concerning the financial position of the Borrower, no other representations have been made to it as to the financial condition of the Borrower. ARTICLE 7. COVENANTS OF THE BORROWER 7.1 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 wom 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. 7.2 Inspection. The Bank shall have the right on 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. 7,3 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 Payments on account of interruption of any such services. 7.4 Tares. 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. 7.5 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 Payments. In the event of loss or damage to or condemnation of the Equipment, the Borrower shall either (a) continue to make the Payments due hereunder and repair or replace the Equipment, or (b)prepay in full the principal components of the outstanding Payments. Said repair or replacement of the Equipment shall meet with the satisfaction of the Bank. 7.6 Performance by the Bank of the Borrower's Resoonsibiliti s. 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). 7.7 Financial Statements: Budget. The Borrower agrees that it will fumish 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 P183 has been no material adverse change in the Borrower's financial condition as reflected in the financial statements since the date thereof. 7.8 Other Responsibilities and Conditions. Simultaneously with the execution of this Contract and prior to the disbursement of the Advancement, the Borrower shall cause to be provided to the Bank the following: (a) Certified copies of resolutions of the Borrower's governing body authorizing the Borrower to enter into this Contract and carry out its terms; (b) A certificate of the Borrower, executed by any of the Borrower's authorized officers, in form and substance satisfactory to the Bank that certifies (i) the Borrower is duly authorized to enter in the Contract; (ii) the resolution or ordinance authorizing the Contract and the transactions contemplated thereunder is in full force and effect and has not been modified, repealed or amended in whole or in part; (iii) each of the Borrower's representations and warranties in the Contract are true and correct in all material respects as of the date of the certificate; (iv) the names, specimen signatures and positions of the Borrower Authorized Representatives; (c) An Opinion Letter from counsel to the Borrower, in form and substance satisfactory to the Bank, which opines that (i) the Borrower is a public body corporate and politic duly created and existing under the laws of the State, and has all powers necessary to enter into the Contract and to carry out its obligations thereunder; (ii) the Contract is duly authorized and a valid and enforceable obligation of the Borrower; (iii) there is no pending or threatened litigation challenging (A) the Contract, (B) the Borrower's performance of its obligations thereunder, (C) the right of any member of the Borrower's governing body to hold office, (D) the validity of the proceedings by which the Borrower's entry into the Contract has been authorized, (E) the authority of the Borrower to acquire the Equipment or (F) the authority of the Borrower to appropriate funds to make Payments; and (iv) the Borrower's entry into and compliance with the provisions of the Contract does not and will not in any material respect conflict with or constitute on the part of the Borrower a breach of or default under 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; (d) A certificate or other proof of insurance on the Equipment, in a form consistent with the requirements of Article 9 and satisfactory to the Bank; and (e) Executed originals of any other documents and instruments required by this Contract or as may be requested by the Bank. ARTICLE 8. SECURITY INTEREST; LIENS 8.1 Security Interest. To secure all of its obligations under this Contract, the Borrower grants to the Bank a first and priority security interest in the Equipment, 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. The Bank may file a financing statement with respect to the Equipment and this Contract without the Borrower's signature. If the Equipment is or includes one or more motor vehicles, the ownership of which evidenced by a certificate of title, the Borrower shall cause the Bank's lien to be properly shown on each certificate as a first lien security interest. 8.2 Security Agreement. This Contract is a security agreement pursuant to the Uniform Commercial Code. P184 8.3 Ng Qlher 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 reimburse the Bank for any expense incurred by the Bank in order to discharge or remove any such lien, security interest, encumbrance or claim. PROCEEDS ARTICLE 9. INSURANCE; DAMAGE; CONDEMNATION; USE OF NET 9.1 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 9.1. The Borrower shall maintain 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 policies of insurance required under this Article 9 shall be maintained with an insurance company or companies 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. On acceptance of any Equipment, 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 as required under this Section 9.1 for such Equipment. Each insurer shall agree by endorsement on the policy or policies issued by it that (i) it will give 30 days' prior written notice to the Bank of the cancellation or material modification of such policy; and (ii) the coverage of the Bank will 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 anomey-in-fact (i) to make claim for, receive payment of, and execute and endorse all documents, checks or drafts received in payment under any insurance policies with respect to the Equipment; 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. The Borrower shall not 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.. 9? Loss and Damage. In the event of damage or loss to any item of Equipment, Borrower shall within five days notify the Bank in writing of such loss or damage in all material particulars, and within IS days thereafter notify the Bank in writing of the course of action, consistent with this Section 9.2, which it intends to take with respect to such lost or damaged Equipment. The Borrower shall within thirty (30) days, deposit any Net Proceeds received with respect to such damaged or lost Equipment in accordance with Section 9.4, or if no Net Proceeds shall: 10 P185 (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; 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) following such payment in subsection (i) (A) the remaining principal balance payable under this Contract or (B) the principal portion, accrued but unpaid interest, and any other amounts due under this Contract related to the lost or damaged Equipment. On Bank's receipt of such payment, Borrower shall be entitled to whatever interest Bank may have in the Equipment, or portion thereof, in its then condition and location, without warranty expressed or implied. 9.3 (:gndemnation. 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 Section 9.4, 9.4 Ilse of Net Proceeds. The Net Proceeds of any insurance policies or condemnation awards shall be deposited in the Escrow Fund or, if no Escrow Fund exists, in a separate fund held by the Bank. ) Unless the outstanding Payments in accordance wo with Section 9.4(b), all Net Prorrower exercises its option o ceeds eds shall be applied prepay all r to the roma portion of p t repair or replacement of the Equipment so condemned, lost or damaged. The Bankhall disburse Net Proceeds to the Borrower for such repair or replacement on receipt of a Disbursement Request Form from a Borrower Authorized Representative; (b) The Borrower may apply the Net Proceeds to pay the principal, accrued but unpaid interest, and any other amounts due under this Contract related to the Equipment so condemned, lost or damaged; (c) Any balance of Net Proceeds remaining following application in subsection (a) or (b) shall be applied first against the principal portion of any remaining Payments due under this Contract, accrued but unpaid interest, and last to any other amounts due under this Contract. Any balance of Net Proceeds remaining shall be distributed to the Borrower. ARTICLE 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, P186 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. ARTICLE 11. DISCLAIMER OF WARRANTIES 11.1 No Representations by the Bank. The Borrower acknowledges that it has inspected the Equipment and found the Equipment to be satisfactory and acknowledges and agrees that it has selected the Equipment based upon its own judgment and disclaims any reliance upon any statements or representations made by the Bank with respect thereto. 11.2 Disclaimer by the Bank. THE BANK MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE CONDITION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE EQUIPMENT. ARTICLE 12. DEFAULT AND REMEDIES 12.1 pefinition of Event of Default. The Borrower is deemed to be in default under this Contract on the happening of any of the following events (each, an "Event of Default'): (a) The Borrower fails to make any Payment or fail to pay any Additional Payment when due (provided, however, that an Event of Non -appropriation is not an Event of Default under this Contract); 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) 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 (d) 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 (e) An attachment, levy or execution of a security interest or lien is levied upon or against the Equipment. 12.2 Remedies on Default. Upon the occurrence of any Event of Default, the Bank may exercise any one or more of the following remedies as the Bank in its sole discretion shall elect: (a) Subject to Article 5, declare the entire principal amount of the 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; 12 P1 87 (c) Exercise all the rights and remedies at law or in equity, including those rights and remedies of a secured party or creditor under the Uniform Commercial Code and the general laws of the State with respect to the enforcement of the security interest granted or reserved hereunder; and (d) Terminate this Contract, and thereafter (i) take possession of the Equipment, with or without legal action, and sell the same to a third party, (ii) lease the Equipment to a third party in such manner and for such consideration as it shall determine in its sole discretion, (iii) collect rents and profits, any, therefrom, with or without taking possession of the Equipment, and (iv) after deducting all costs of collection and administration expenses, apply the net rents and profits first to the payment of necessary maintenance and insurance costs, and then as a credit against the amounts due from Borrower to the Bank hereunder. Any net rents and profits, if any, remaining after satisfaction of the amounts due from the Borrower to the Bank shall be paid to Borrower. If Borrower remains in possession of the Equipment or any portion thereof, more than five business days following termination of the Contract in accordance with this subsection (d), the Borrower is deemed a lessee -at -will and will pay to the Bank a fair and reasonable amount as rental for the use of the Equipment during such period, as determined by the Bank. 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. 12.4 Agreement to Pay Attorneys' Fees and Exp&nses. In the event of a default by the Borrower under the provisions of this Contract, the Borrower agrees, subject to the limitations and provisions of State law, that it will pay on demand to the Bank, the reasonable costs and expenses, including anomeys' fees, incurred by the Bank in the collection of Payments and Additional Payments or the enforcement of performance or observation of any obligation or agreement by the Borrower. ARTICLE 13. ASSIGNMENT 13.1 Assignment by the Borrower. The Borrower shall not 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, including without limitation, the Bank's rights to receive the 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 conditions set forth below. After the Bank gives the notice described below to the Borrower, the Borrower shall thereafter make all payments in accordance with the notice to the assignee named therein. (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 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 30 days' notice may be waived in writing by the Borrower, i3 P188 (b) The Borrower shall not be obligated to make Payments or Additional Payments to anyone other than the Bank until the notification specified in subsection (a) is received by the Borrower or until the effective date of the assignment. whichever is later. Should the Borrower incorrectly make Payments or Additional Payments to the Bank after the conditions specified in the preceding sentence are met, the Bank shall return those payments to the Borrower; and (c) 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. If so requested, the acknowledgment shall in no way be deemed necessary to make the assignment effective. 13.3 Book -Entry System. 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. On receipt of notice of assignment from the Bank as described in Section 13.2(a), Borrower shall record the assignment in Borrower's "book entry system' as that term is defined in Section 149(x) of the Code. This Contract, or any interest herein, is not subject to assignment through a public offering. 13.4 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. ARTICLE 14. TAX COVENANTS 14.1 Intent of Parties. If the Contract is designated as "tar -exempt' as indicated on the first page hereof, it is the intention of the parties hereto that the interest portion of the Payments paid by the Borrower to the Bank under this Contract are to be tax-exempt under Section 103 of the Internal Revenue Code. Borrower acknowledges that the continued exclusion of the interest component of the Payment from the Bank's gross income for federal income tax purposes depend in part, on the Borrower's compliance with certain provisions and requirements of the Internal Revenue Code of 1986, as amended (the "Code"), Treasury Regulations promulgated thereunder. To that end, the Borrower covenants that it will comply with all requirements of the Code that must be satisfied subsequent to the execution of this Contract so that the interest component of each Payment is and remains excludable from gross income for federal income tax purposes, and further, specifically covenants as follows: (a) The Borrower will make no use of the Advancement (the "Proceeds") which would cause this Contract to be an "arbitrage bond" within the meaning of Section 148 of the Code; (b) 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 bond" within the meaning of Section 141 of the Code; (c) 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; and (d) The Borrower shall timely file such reports and information as required by the Code, including a Form 8038-G or 8038 -GC, or other comparable forms, as applicable, and shall furnish the Bank copies of such filings. 14.2 12gtermination or Event of Taxability. If the Contract is designated as -Bank Qualified" on the first page hereof. then 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 4 P189 Taxability, as hereinafter defined, shall increase by a factor of 1.65. If the Contract is designated as "Non - Bank Qualified" on the first page hereof, then if at any time there is a Determination of Taxability or Event of Taxability, the interest rate under this Contract, from and after the Date of Taxability, shall increase by a factor of 1.45. In either case, on a Determination of Tasxability or Event of Taxability, the Borrower shall 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 by any State tar department against the Bank by reason of the Bank's failure to include the interest portion of the Payments in its gross income for income tax purposes. Payment amounts under this Contract will 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 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 Payments is included in gross income of the Bank for federal income tar purposes, which determination shall be deemed to have been made upon the occurrence of the earlier of the following; (a) the date on which the Bank is advised in writing by the Internal Revenue Service that, as a consequence of an action, or failure to act, by the Borrower, the interest portion of the 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 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 on which Interest is included in the gross income of the Bank for federal income tax purposes as a result of an Event of Taxability or a Determination of Taxability. 14.3 Bank Qualification. If the Contract is designated as "Bank Qualified" on the first page hereof and there is not an Event or Determination of Taxability, as defined above, then at any time there is a Change in Deductibility, as hereinafter defined, the interest rate payable under this Contract shall increase, from and after the Nonqualification Date as hereinafter defined, by a factor of 1.25 times. 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 15 P190 warranty made by the Borrower to the Bank relating to the status of this Contract as a qualified tax- exempt obligation (including but not limited to the representations and warranties contained in Section 6.10) 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. 14.4 Duly to Notify the Bank. The Borrower agrees to give prompt written notice to the Bank on 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. ARTICLE 15. MISCELLANEOUS 15.1 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 of the terms, covenants or conditions herein are not a waiver of any other breach of the same or any other term, covenant or condition herein. 15.2 Seve ' it . If any provision in this Contract is determined 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. 15.3 Goveming Law. This Contract shall be construed, interpreted and enforced in accordance with the laws of the State. 15.4 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 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 1230 Main Street, MC 994082 Columbia, SC 29201 Telephone for Overnight: 803-931-1721 Facsimile: 803-931-8648 Email: Courtney.duniapGfirstcitizens.com Attention: Courtney Dunlap, Government Lending Coordinator 16 P191 If to the Borrower, address to: Piaeylvama County School Board P.O. Box 232 Chatham, VA 24531 Telephone for Overnight: 434432-2761 Facsimile: 434432-9560 Email: mHrkjoM3Qpc&k12.va.aa Attention: -4 R.bro3.Dmx su ,,krftm 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. 15.5 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. 15.6 EDJEC 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. 15.7 Binding Effect. This Contract shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 15.8 Time. Time is of the essence of this Contract and each and all of its provisions. 15.9 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. 15.10 Reliance of the Bank on Document. The Bank may act in reliance on any writing, instrument or signature which it, in good faith, believes to be genuine and may assume the validity and accuracy of any statement or assertion contained in such a writing or instrument. The Bank is not 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 Bank's duties hereunder shall be limited to the receipt of such moneys, instruments or other documents received by it as the Bank, and for the disposition of the same in accordance herewith. [REYVAINDER OF PAGE INTENTIONALLY BLANK. SIGNATURE PAGE FOLLOWS. ] 17 P192 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed as of the day and year first above written. (SEAL] ATTEST: Names Anal F. Hancock Clerk of the Board Pittsylvania County School Board Name- Calvin D. Doss Chairman FIRST -CITIZENS BANK & TRUST COMPANY, as Bank and Escrow Agent 0 Name: Steve Groth Title: Senior Vice President [SIGNATURE PAGE TO LEASE PURCHASE CONTRACT] 18 P193 EXHIBIT A DESCRIPTION OF EQUIPMENT Contract Date: July 27 2017 Borrower: Pittsylvania County School Board Advancement: $678,714 Description and Serial Purchase Department and Purpose or Location of Equipment Number (if available) Price Function of Equipment After Delivery 64 Passenger Buses 4UZABRFC3JCJT3786 4UZABRFClJCJT3785 4UZABRFCXJCJT3784 4UZABRFC8JCJT3783 4UZABRFC6JCJT3782 4UZABRFC4JCJT3781 Special Needs Bus 4UZABPFD6JCJT3780 2017 Chev 3500 Cargo Van 2017 Chev 3500 Cargo Van 2017 Chev F250 4X4 PU Truck $84,795.00 Transportation -transport students Pupil Transportation Dept $84,795.00 Transporlation-transport students Pupil Transportation Dept $84,795.00 Transportation -transport students Pupil Transportation Dept $84,795.00 Transportation -transport students Pupil Transportation Dept $84,795.00 Transportation -transport students Pupil Transportation Dept $84,795.00 Transportation -transport students Pupil Transportation Dept $88,049.00 Transportation -transport students Pupil Transportation Dept $26,699.50 Maintenance-seryce vehicle Pupil Transportation Dept $26,699.50 Maintenance -service vehicle Pupil Transportation Dept $27,381.25 Maintenance -service vehicle Pupil Transportation Dept Pittsylvania County School Board By: _vim• (,/�`� l '7 Name: Calvin D. Doss Tide: Chairman Date: July 27, 2017 A-1 P194 EXHIBIT B PAYMENTSCHEDULE Contract Date: July 27, 2017 Borrower: Pittsvlvania County School Board Advancement: $678,714 Interest Rate: 1.51% Cash Flow Data - Loans and Pavmet 1 Loan 07/27/2017 678,714.00 1 2 Payment 07/27/2017 229,637.00 3 Annual 07/27/2019 Amortization Loan 07/27/2017 1 07/27/2017 2 07/27/2018 3 07/27/2019 Grand Totals 678,714.00 229,637.00 0.00 229,637.00 449,077.00 229,637.00 6,781.06 222,855.94 226,221.06 229,637.00 3,415.94 226,221.06 0.00 688,911.00 10,197.00 678,714.00 ANNUAL FINANCE Amount Financed Total of Payments PERCENTAGE CHARGE RATE The amount of credit The amount you will The dollar amount the provided to you or on have paid after you The cost of your credit credit will cost you. your behalf. have made all as a yearly rate. payments as scheduled. 1.510% $10,197.00 $678,714.00 $688,911.00 Pinsylvvaa+nia/County School Board By: c s-xL-zt-.d1 OL» r Name: Calvin D. Doss Title: Chairman Date: luly 27, 2017 B -I P195 RESOLUTION OF GOVERNING BODY At a duly called meeting of thesGoverning body of Lessee held in accordance with all applicable legal requirements. including open meeting laws, on the I I' day of July , 2017 , the following resolution was introduced and adopted: RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER LEASE AGREEMENT, EQUIPMENT SCHEDULE, AN ESCROW AGREEMENT, AND RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the governing body of THE SCHOOL BOARD OF THE COUNTY OF PITTSTLVANIA. VA ("Lessee") desires to obtain certain equipment (the "Equipment") described in Equipment Schedule to the Master Lease Agreement (collectively, the "Lease") with FIRST CITIZENS BANK, the form of which has been available for review by the governing body of Lessee prior to this meeting; and WHEREAS, the Equipment is essential for the Lessee to perform its governmental functions; and WHEREAS, the funds made available under the Lease will be deposited with FIRST CITIZENS BANK ((he "Escrow Agent") pursuant to an Escrow Agreement between Lessee and the Escrow Agent (the "Escrow Agreement") and will be applied to the acquisition of the Equipment in accordance with said Escrow Agreement; and WHEREAS, Lessee has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrange for the acquisition of the Equipment; and WHEREAS. Lessee proposes to enter into the Lease with FIRST CITIZENS BANK and the Escrow Agreement with the Escrow Agent substantially in the forms presented to this meeting. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF LESSEE AS FOLLOWS: Section 1. It is hereby found and determined that the terms of the Lease and the Escrow Agreement (collectively, the "Financing Documents") in the forms presented to this meeting and incorporated in this resolution are in the best interests of Lessee for the acquisition of the Equipment. ction 2, The Financing Documents and the acquisition and financing of the Equipment under the terms and conditions as described in the Financing Documents are hereby approved. The Superintendent of Lessee and any other officer of Lessee who shall have power to execute contracts on behalf of Lessee be, and each of them hereby is, authorized to execute. acknowledge and deliver the Financing Documents with any changes, insertions and omissions therein as may be approved by the officers who execute the Financing Documents, such approval to be conclusively evidenced by such execution and delivery of the Financing Documents. The Superintendent of the Lessee and any other officer of Lessee who shall have power to do so be, and each of there hereby is, authorized to affix the official seal of Lessee to the Financing Documents and attest the same. Section 3. The proper officers of Lessee be, and each of them hereby is, authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution and the Financing Documents. The undersigned further certifies that the above resolution has not been repealed or amended and remains in full force and effect and further certifies that the Lease and Escrow Agreement executed on behalf of Lessee are the same as presented at such meeting of the governing body of Lessee, excepting only such changes, insertions and omissions as shall have been approved by the officers who executed the same. Date: July 11 2017 The School Board of the County of Pittsylvania, VA, Lessee r Lame: Calvin D. Doss Title: Chairman Attested By: � 4 /✓� —L -- Name; Janet F. Hancock Title: lerk of the Board P196 %.�-j ri�sj3''."r� 444.16"�C3� Y14�- t 3 .,: -.. �1 �� a:: =: ISYIB: DATE . .: r>..✓aJ=I� 07/12/2017 PRODUCER THIS CERTIFICATE OF INSURANCE is ISSMM AS A MATTER OF INFO01ATION Risk Risk Management Programs, InC. t 5 Franklin ONLY. IT CONFERS NO RIGHTS UPON THE THIRD PARTY It THE CERTIFICATE BEYOND WHAT THE REFERENCED POLICY OFINSURANCF. EXPRESSLY PROVIDER. 13 Road S THIS CERTIFICATE OF INSURANCE DOES NOT EXTE\V, Roanoke, VA 24016 AMEND, OR ALTER THE COVERAGE, TERMS, EXCLUSIONS, OR CONDITIONS AFFORDED BY THE POLICY REFERENCED IN Tills CERTIFICATE. OF IMSURANCIi. COMPANIES AFFORDING COVERAGE _ _ _ COMPANY Y A Virginia Association of Counties Group Self-insurance Risk Poul INSURED COMPANY �LBTTC•R B Pittsylvanta County Public Schools P O BOX 232 'COMeR Y C Chatham, VA 24531 r COMPANY Y D LETT RNY E .C()Ykl�ACrES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY RFQUIR&yIENT.TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTO W11101 Tills CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERNS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO, YYPY OFIXSL'MNCE I NII.ICY NUMBER L"! j Policy EFFECTIVE POLICY EWIRATI LDIITY 1 I UATEOIMIWAYYI D\TE(AVANRUYYI A GENafiALLIABILITY VA -PI -069B.19 ;07/01/2017 07/01/2018 OFNERALAGGIAGATE S N/A X CWDICRCIAL GENERAL LIABILITY 3"d `_ `(I.A:'ALSMADE x ! (PRODUCTS-COMP.OP Y _ tiU IW PIWSLNAL a AW. JRY E 5.000.000 UWNCR Y; CONI'RACTOR'Y IMOT _ _ _ L\CIIo-CURRENCE _ S 0 RETENTION !I:IRF.tl AGF(Ery. Aro) S fI )MED. EXPERM wit m peruN — � S i,000 AALT0. ANYURO BILITY VA -PI -069B-18 '07 07/01/2018 ./01/2017 woolEDst"Mr. S { JMIT5,000,000 X Ali. OWNED AUTOS AUTOS IMURY s IPU ReUa4 �SCIIEDULED IIIRED AUTOS ' -- 1- MONlIWNED AUTM IUbILY IWURY IIPtt aRWnl Y _ GARAGL'LIAGILITY- t •PROPERTY DAMAGE S r X 0 RUNWION L'XCIb'l LIABILITY OCCURRENCE f BMWELLA FORM r— OTHER THAN USIBRFILA FORM ICACII - — - - GUREGATL• 'S ; ^ 11T1IER A Property VA-PI.069B•18 07/01/2017 , 07/0t/2018 $1,000 Ded/Blanket per schedule on filc Auto Physical Damage VA PI -069B• 18 07/01/2017 i 07/01/2018 $250 Comprehensive$ 250 Collision Crime VA -PI -069B-18 07/01/2017 , 07/01/2018 =$250,000 Blanket, $250 Deductible School Leaders VA -PI -069B-18 i 07/01/2017 ,07/01/2018 $5,000 Ded 55,000,000 Limit OESL•[IMO1 OF MRATIO\SU.00AnCLNSIV RIIICLF.s,RPECI.M. ITEMS RE: Installment Purchase Agreement - Certificate Holder is added as loan payee CLFRTHFICATE HOLDER -: ' � :.-. :, ", ...:... At1�PtbIkITA`O RP,PN-ebk�N'tATIYE,•:.•.n - . - . First -Citizens Bank & Trust Company PO Box 26592-DAC20 1 1 Raleigh, NC 27611 /1 P197 INCUMBENCY AND AUTHORIZATION CF,RTIFICATE In connection with the execution and delivery by Pittsylvania County School Board (the "Borrower"), a political subdivision and body corporate and politic existing tinder the laws of the Commonwealth of Virginia, of a Lease Purchase Contract (the --Contract") dated as of July 27, 2017 between the Borrower and First -Citizens Bank & Trust Company, I do hereby certify that 1 am the duly appointed Clerk of the Borrower, and as such, 1 am familiar with the official minutes and other pertinent records of that body. I further certify that: I. As of the date of this certificate, the persons named below hold the positions listed opposite their names. 2. The Borrower is authorized by a resolution of the Borrower's governing body, passed in a duly - called meeting held on July 11, 2017, at which a quorum was present and acting throughout, to enter into the Contract and carry out the transactions and obligations of the Borrower evidenced therein, including the purchase of the personal property identified in the Contract and the creation of a security interest therein. 3. The persons named below are authorized to execute and deliver on behalf of the Borrower the Contract and all other documents and instruments required or contemplated by the Contract, and to carry out the terms of all of the foregoing. 4. Attached hereto is a true, complete and accurate copy of such resolution and the same has not been modified, amended, rescinded, terminated or otherwise revoked and is in full force and effect. 5. The representations and warranties of the Borrower as set forth in the Contract are true and correct as of the date of this Certificate. 6. The signatures set opposite the names and positions of the persons named below are such persons' true and authentic signatures. Name Position Siggnrna��ture (D Cpl Calvin D. Doss Chairman `--`� IN WITNESS WHEREOF, I have duly executed this certificate and have affixed to it the seal of Pittsylvania County School Board on this 0'4, day of July 2017. (SEALI ByQ Name:_ 1 net F Hancock Title: Clerk of the Board P198 (17 Form 5038-0 I Information Return for Tax -Exempt Governmental Obligations (Rev. September 2011) d Under Internal Revenue Code section 149(e) OMB No. 1545-0720 Dapanment of the Treasury Ill separate Instructional Internal Revenue service Caution: If the issue price is under $100,000, use Form 8038 -GC. If Amendad Return shark hero 1 lasuer's name 2 Issuer's employer dintificafion number IEN) Pitts hrania Coun School Board 64.60D751O 3e Name of person (other than issuer) with whom me IRS may commu=ats about INS return (nes mstru bWSj 3b Telephone number of other parson Shown on 34 Mark R. Jones, Division Superintendent 494.432.2781 ! Number and atr»t (Cr P.O. box it mal is not delivered to atreel"W"Se) Aoomrau to 6 Report number (For IRS Use On!y) P. O. Box 232 14 9 s City, town, Of post oaiu. State, and ZIP code i Date of Sell Chatham, VA 24631 07127117 a Name of haus s CUSP number Vlr Infix Installment Purchase Contract - Vehicles 17 100 Name and title of officer or other employee of the ,Sauer whom the IRS may call for more information (se, I0b Telephone number of officer or other melNCtgns) employes mown on 90a (al Final maturity, date(b) sew price I (c) Stated redemption I (d) weighted Price at matunty average matunty 22 Proceeds used for accrued interest . . . . . . . . 23 Issue price of entire Issue (enter amount from line 21, column (b)) . . . . 24 Proceeds used for bond issuance costs Including underwriters' discount) . . 24 25 Proceeds used for credit enhancement . . . . . . . . . . . 25 25 Proceeds allocated to reasonably required reserve or replacement fund . 28 27 Proceeds used to currently refund prior issues . . . . . . . . 27 28 Proceeds used to advance refund prior issues . . . . . 28 9 29 Total (add lines 24 through 28) . . . . . . . . . . . . . . . . . . . . . . 30 Nonretunding proceeds of the issue (subtract line 29 from line 23 and enter amount here) . . . (a)Yield 31 Enter the remaining weighted average maturity of the bonds to be currently refunded . . . . ► years 32 Enter the remaining weighted average maturity of the bonds to be advance refunded . . . . Is, wears 33 Enter the last date on which the refunded bonds will be called (MMIDD/l . . . . . . ► 34 Enter the date(s) the refunded bonds were Issued ► (MhdNorrYYy7 For Paperwork Reduction Act Notice, see separate Instructions. cat. No. 63773S Form 8038-G (Rev. 9-201 r P199 e ur rooua tannur Lite Issue pricel, see the Instructions and attach schedule. 11 Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 12 Health and hospital . . . . . . . . . . . . . . . . . . . . . . . . 12 13 Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 878,714 00 14 Public safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 15 Environment (Including sewage bonds) . . . . . . . . . . . . . . . . . . . . 13 18 Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 17 Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 18 Other. Describe to 18 19 If obligations are TANS or RANs, check only box 19a . . . . . . . . . . . . . ► ❑ If obligations are BANS, check only box 19b . . . . . . . . . . . . . ► ❑ 20 If obligations are in the form of a lease or installment sale, check box . . . . . . . . ► ❑ , (al Final maturity, date(b) sew price I (c) Stated redemption I (d) weighted Price at matunty average matunty 22 Proceeds used for accrued interest . . . . . . . . 23 Issue price of entire Issue (enter amount from line 21, column (b)) . . . . 24 Proceeds used for bond issuance costs Including underwriters' discount) . . 24 25 Proceeds used for credit enhancement . . . . . . . . . . . 25 25 Proceeds allocated to reasonably required reserve or replacement fund . 28 27 Proceeds used to currently refund prior issues . . . . . . . . 27 28 Proceeds used to advance refund prior issues . . . . . 28 9 29 Total (add lines 24 through 28) . . . . . . . . . . . . . . . . . . . . . . 30 Nonretunding proceeds of the issue (subtract line 29 from line 23 and enter amount here) . . . (a)Yield 31 Enter the remaining weighted average maturity of the bonds to be currently refunded . . . . ► years 32 Enter the remaining weighted average maturity of the bonds to be advance refunded . . . . Is, wears 33 Enter the last date on which the refunded bonds will be called (MMIDD/l . . . . . . ► 34 Enter the date(s) the refunded bonds were Issued ► (MhdNorrYYy7 For Paperwork Reduction Act Notice, see separate Instructions. cat. No. 63773S Form 8038-G (Rev. 9-201 r P199 Form $039-0 IRev. 9.201 711 35 Enter the amount of the state volume cap allocated to the Issue under section 14l (bX5) . . . 35 38a Enter the amount of gross proceeds invested or to be Invested in a guaranteed investment contract (GIC) (see instructions) . . . . . . . . . . . . . . . . . . . . . . . . . 38a to Enter the final maturity date of the GIC ► C Enter the name of the GIC provider ► 37 Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans to other governmental units . . . . . . . . . . . . . . . . . . . . . 37 38a 0 this Issue is a loan made from the proceeds of another tax-exempt Issue, check box ► ❑ and enter the following information: b Enter the date of the master pool obligation ► c Enter the EIN of the issuer of the master pool obligation ► of Enter the name of the issuer of the master pool obligation ► 39 If the Issuer has designated the Issue under section 285(b)(3)(8)(i)(I11) (small issuer exception), check box Y Q 40 If the issuer has elected to pay a penalty in lieu of arbArage rebate, check box . . . . . . . . . . . . . ► ❑ 41a If the issuer has Identified a hedge, check here ► ❑ and enter the following information: b Name of hedge provider 11- c c Type of hedge ► of Term of hedge ► 42 If the Issuer has superintagrated the hedge, check box . . . . . . . . . . . . . . . . . . . . . ► ❑ 43 If the issuer has established written procedures to ensure that all nonqualifled bonds of this issue are remedialed according to the requirements under the Code and Regulations (see Instructions), check box . . . . . . . . ► 44 If the Issuer has estab'ished written procedures to monitor the requirements of section 148, check box . . . . . ► ❑ 45a It some portion of the proceeds was used to reimburse expenditures, check here ► ❑ and enter the amount of reimbursement . . . . . . . . . ► to Enter the date the official Intent was adopted ► Under Pirelli" of Pw;✓ry, I declare that 1 have taennned nag return arW accompanyug schedu,9 and statements, and to the beat of my knowledga Signature and belief they are true, cared, and comp,, 4 further decWe that I con"M to the IRS's disclosure of the issuer's return mfamahon, as nepeasary to and Praem this return, to IM person Mai I have aWhomed above. Consent �—)-%-I �A -7- (g_ #_7 Murk R. Jones, Division Superimendent s,gneture of oeuer's autror¢ed epresentam a Dale ' Type a Pnm name and at, Paid Printfrype Prepaers name Pr�var's signalun Date Crack❑d PT Preparef sen -employed Use Only Firma name P F m'e Esu (Rev. 9-2011) P200 July 27, 2017 First -Citizens Bank & Trust Company FCC Mail Code: 994082 1230 Main Street Columbia, SC 29201 Clark H. worthy worthy n,gentrylockexom P: (540)983-9384 F: (540)983-9400 Re: $678,714 Lease Purchase Contract dated July 27, 2017 (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 "Lease Purchase Documents"). We have examined the Lease Purchase Documents, the resolutions adopted by the Borrower to authorize and execute the Lease 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 Lease 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 Lease Purchase Documents no information has come to our attention that should give us current actual knowledge of the existence or absence of such facts. Except to the extent expressly set forth herein, we have not undertaken any independent investigation of the existence or absence of such facts, and no inference as to our knowledge or the existence or absence of such facts should be drawn from the fact of our representation or any other matter. Based upon such examination and assuming the authorization, execution, delivery and enforceability of all documents by parties other than the Borrower, we are of the opinion that: 1. The Borrower is a duly organized or created and validly existing political subdivision of the Commonwealth of Virginia and is authorized under the laws of the Commonwealth of Virginia and the United States of America to enter into the Lease Purchase Documents and to perform its obligations under the Lease Purchase—Documents. P201 First -Citizens Bank & Trust Company July 27, 2017 Page 2 2. The Lease 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 Lease Purchase Documents and carrying out the terms of the Lease Purchase Documents. 4. The Lease 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 Lease 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. 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 tar imposed on individuals and corporations, but such interest is taken into account in determining adjusted current earnings (as defined in Section 56(8)(3) of the Code) for purposes of calculating the amount of such tax for corporations. 6. Under existing statutes, interest under the Contract is exempt from all income taxation by the Commonwealth of Virginia and any political subdivision thereof. 7. 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. 8. To the best of our knowledge, the representations and warranties contained in Section 6 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; P202 First -Citizens Bank & Trust Company July 27, 2017 Page 3 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. C. Our opinion is subject to and limited by the assumption that the Bank will enforce any rights and remedies it has under the Lease 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 Lease 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 Lease Purchase Documents, or (iv) the title of any person or party to any real or personal property, or P203 First -Citizens Bank & Trust Company July 27, 2017 Page 4 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 Lease 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 Lease Purchase Documents whereby the Borrower purports to appoint an attorney in fact to act on behalf of the Borrower. G. This opinion relates only to matters as of 11:59 p.m. on the date hereof, and we express no opinion with respect to any transaction, transfer, conveyance or obligation occurring after such time on the date hereof. 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 Lease 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 Lease 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. Very truly yours, Gentry Locke Rakes & Moore, LLP P204 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Pittsylvania County Schools 2017-2018 Budget Amendments -Requires a motion, second and a roll call vote. SUBJECT/PROPOSAL/REOUEST: Approval of Schools 2017-2018 Budget Amendments STAFF CONTACT(S): Van Der Hvde AGENDA DATE: 9-19-17 ACTION: Yes CONSENT AGENDA: ACTION: ITEM NUMBER: 14 INFORMATION: INFORMATION: ATTACHMENTS: 1.) Pittsylvania County Schools 2017-2018 Adopted Budget 2.) Budget Amendment Request Letter from Pittsylvania County Schools BACKGROUND: The Board of Supervisors approves the School Board budget by category during the budget process each year. Since the budget process occurs early in the year, the Schools will often be notified of additional funds they will be receiving during the next fiscal year that were not anticipated during the original budget process. DISCUSSION: Attached is the adopted budget from the Pittsylvania County School Board by category. The bottom line of this budget is the amount approved by the Pittsylvania County Board of Supervisors on April 3, 2017 in the amount of $88,447,941 (School Operating Budget). Also attached is a letter from the School Board requesting changes to their approved budget totaling $720,683.60. This change is needed to properly reflect additional state, local and federal funds that the School Board will be receiving during FY2018. The following budget amendments need to be made in order to mirror the School Board budget. These changes will be funded by state funds of $343,547.70, local funds of $123,687.00 and federal funds of $253,448.90 for a grand total of $720,683.60 (please see the attached list for specific sources of funds). None of the local funds are coming from the County's General Fund. Instruction $167,287.32 General Admin & Support 364,830.99 Pupil Transportation 42,469.78 Operation & Maint 58,828.38 Technology 24,084.67 Net Change $720,683.60 RECOMMENDATION: Staff recommends that the Board approve the budget amendments to the School Board's 2017-2018 budget based on the attached request from the Pittsylvania County School Board. REQUIRES A MOTION, SECOND AND A ROLL CALL VOTE. P205 a oeevo 0 -.R e NN C Na r O O 4 O� m In Oh 00 OD y N (V t+)O C6 OM V e{ aDO OOH � u u a 5 � m on on o NfO co v<o 0 rM or n mN(oo�n m r d y W N O W O W W M � N m N A W _ 0 C �N�O)O MA mm10 10 m N W m O N N NOM m V V m P d W m M A 0 O O N N M m V m y 0 O W m tD N A O V K N V n QO N "O A N m M V a A M m V N O A OmaDNO N M m O) m O M N 0 W r co ov>rmm o � _�aoo_ W o o ro r N p w N m( mO N Mm V r� m N m m m n i 0 0 N a 10 O m M N h A M M N N N O) N O C'J r r M 7 N i Q m m r r M O N N NtM')_amD N m N GD - N O IN D) t(D 0 ((dN M tO a N 0 a V m C4 M tp n M N O O a N v�nmmv m rommm w m m mMN or V NOr OM n V rl�cq Ci m O mO O)� ' n m N A p� - m m O) O WWMOi o 10 nom 0 N In M�nr m MMinmm rn m w m O N m a m N N N m a C m O) CD WW t0 N In M t0 W M m (V N N v m m m N y U C N O c c a o:?O W C m m m no o z o F ) c c 2 m Z U2 12 F, 'OCNO W a — = IL 2cnm c'�cLi x yar�o_oma W DC7 a.OzLL f - P206 C N q � L l7 a .n a a m o a > c N A A o m �vj A D E N1£ c O V N U a m f0 W 4 C 7 $ a E w a C � N £ ' r N E C b O OA � u m � p O N G O N t m C N N a E 4 c c A n > W O C a w w a L 6 wp b W y M V) mm T O C tD N r O W a w N n m ayo N O m O O 0 W o m $ m N F pmj N V o v h W` ti y o a m E �m u o > > M y^ _ O C V• � ¢ EE w w � o w $ r v m $ m w M m aC oiry • . m a �o MN • �n an PITTSYLVANIA COUNTY SCHOOLS Dr. Mark R. Jones P.O. Box 232.39 Bank Street S.E. • Chatham, Virginia 24531 Division Superintendent August 18, 2017 David M. Smitherman, County Administrator Pittsylvania County Board of Supervisors P. O. Box 426 Chatham, VA 24531 Mr. Smitherman: Attached please find a document containing budget amendments for the FY 2017-2018 approved budget with corresponding categorical adjustments. Included are revenue adjustments and confirmations that were not available at the time the original budget was adopted. We ask the Board of Supervisors to amend the FY 2017-2018 budget, appropriate the additional funds and adjust categories accordingly. Thank you for your attention on this matter. Sincerely, Dr. Mark R. Jones. (T Division Superintendent TELEPHONE NUMBERS: (434) 432-2761 0 (434) 793-1624 (Danville) o (434) 656-6248 (Gretna) . FAX (434) 432-9560 P20 7 Revenue Amendments to 2017-18 Bud eget. IDEA Part B, Section 611 75,867.00 Federal 10-33302-1-9-0 JROTC (65.233.18) Federal 10-33302-9-1-0 Perkins CTE 37,338.03 Federal 10-33302-2-4-0 Title Il, Part A (9.381.92) Federal 10-33302-2-6-0 School Food 52,860.97 Federal 10-33302-1-3-0 Medicaid 162,000.00 Federal 10-52402-34-1 Hurt Trust Fund 24,687.00 Local 10-51803-0-1-0 Rebates & Refunds 75,000.00 Local I0-51803-0-1-0 Boys and Girls Club Rent 24,000.00 Local 10-51502-0-1-0 Vocational Adult 2,276.00 State 10-22402-1-8-0 Vocational Equipment 22,618.00 State 10-22402-5-2-0 Summer Governot's School 17,630.00 State 10-22402-6-0-0 Industry Certifications 18.007.54 State 10-22403-4-9-0 VA Workplace Readiness 4,174.44 State 10-22403-6-5-0 Additional State Equipment (VOC) 17,107.41 State 10-22403-3-4-0 STEM -H Certifications (VOC) 6,762.31 State 10-22403-3-6-0 DCC Dual Enrollment 254,972.00 State 10-52402-3-4-0 $720,683.60 Categorical Adjustments for 2017-18 Amendments: Category FY 17-18 Adopted Adjustments FY 17-18 Amended Instruction 64,241,523.00 167.287.32 64,408,810.32 General Support 3,370,527.00 364,830.99 3,735,357.99 Pupil Transportation Services 6,634,246.00 42,469.78 6,676,715.78 Operation and Maintenance Services 7,964,335.00 58,82838 8,023,163.38 Non -Instructional Operations 3,412,865.00 63,182.46 3,476,047.46 Facilities 0.00 0.00 0.00 Tecltttolo 2,824,445.001 24,084.671 2,848,529.67 Total 1 47,941.00 720,683.601 89,168,624.60 P208 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Recommendations from Legislative Committee SUBJECT/PROPOSAL/REQUEST, Committee recommendations to Board of Supervisors STAFF CONTACT(S): Mr. Smitherman; Mr, Hunt AGENDA DATE: 09-19-2017 ACTION: ❑ CONSENT AGENDA: ❑ ROLL CALL VOTE: ❑ ATTACHMENTS: REVIEWED BY: ITEM NUMBER: 15 INFORMATION: Fil SUMMARY: The Legislative Committee met on Monday, September 11, 2017 at 2:00 pm for the following: (a) Discussion of Potential Public Assemblies, Demonstrations, and Parades Ordinance (b) Discussion of Potential Revisions to Board of Supervisors' Bylaws There were no recommendations submitted from the Committee to the full Board at this time. FINANCIAL IMPACT AND FUNDING SOURCE• RECOMMENDATION: MOTION: P209 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Recommendations from CRT/Finance Committees Joint Meetinq SUBJECT/PROPOSAL/REQUEST: Committee Recommendations to full Board of Supervisors STAFF CONTACT(S): Mr. Davis AGENDA DATE: 09-19-2017 ACTION: ❑ CONSENT AGENDA: ❑ ROLL CALL VOTE: ❑ ATTACHMENTS: REVIEWED BY: ITEM NUMBER: 16 INFORMATION: R1 SUMMARY: The Computer/Radio/Telecommunications (CRT) Committee and the Finance Committee will have a joint meeting at 3:30PM on Tuesday, September 19, 2017, to discuss the following: (a)Radio system enhancements Any of the committees' recommendations will be presented to the full Board of Supervisors. FINANCIAL IMPACT AND FUNDING SOURCE: RECOMMENDATION: MOTION: P210 REPORTS FROM MEMBERS P211 REPORTS FROM COUNTY ADMINISTRATOR P212 ADJOURNMENT P213