11-28-2017 Work Session & Business Meetint PKTmpm& 5 61�fl
BOARD OF SUPERVISORS
WORK SESSION
r"
BUSINESS MEETING
PACKET
NOVEMBER 28, 2017
1767
PITTSYLVANIA COUNTY
BOARD OF SUPERVISORS
WORK SESSION
Tuesday, November 28, 2017
4:30 PM
Main Conference Room
County Administration Building; 1 Center Street, Chatham, Virginia 24531
AGENDA
I. Call to Order (4:30 pm)
2. Roll Call
Barksdale D Davis D Scearce ❑ Hagerman D Blackstock D Barber c Warren n
3.
Items to be Added to Agenda
Barksdale D Davis ❑ Scearce D Hagerman D
Barksdale D Davis ❑ Scearce D Hagerman D
Blackstock D Barber D
Blackstock D Barber D
Warren D
Warren D
4.
Approval of Agenda
Barksdale D Davis D Scearce D Hagerman D
Barksdale D Davis D Scearce D Hagerman D
Blackstock D Barberii
Blackstock D Barber D
Warren D
Warren D
5.
New Business
(a) VDOT Smart Scale Applications (Discussion with VDOT Representatives) Page 7
(b) CSA Update (Ms. Boswell) Pages 8-10
(c) SVMP Update; Town of Altavista's Presentation (Mr. Hicks) Page 11
(d) Financial Update (Ms. Van Der Hyde) Page 12
(e) E911 Tower Debt Refinance (Ms. Van Der Hyde) Pages 13-33
(f) Accessing Equity Capacity for Future Projects (Ms. Van Der Hyde) Pages 34-53
(g) Courthouse Chiller (Mr. Hicks) Page 54
6. Constitutional Officers Reports
(a) Taxes Due Date ('The Honorable Vincent Shorter) Page 55
7. Staff Reports (time permitting)
(a) Solid Waste Update (Mr. Hicks)
(b) CEDS List (Mr. Sides) Pages 56-61
(c) Update on Armory Building (Mr. Hicks) Pages 62-63
(d) Agenda Software Award Update (Ms. Flippen)
(e) Courthouse and Jail Study RFP Award Update (Mr. Smitherman)
8. Discussion of Business Meeting Items (if any)
9. Closed Session (to start at 6.00PM)
Barksdale ❑ Davis ❑ Scearce ❑ Hagerman ❑ Blackstock ❑ Barber ❑ Warren ❑
Barksdale ❑ Davis ❑ Scearce ❑ Hagerman ❑ Blackstock ❑ Barber ❑ Warren ❑
Time
1. Consultation with legal counsel employed or retained by a public body regarding
specific legal matters requiring the provision of legal advice by such counsel. 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.
(a) Legal Authority: Virginia Code § 2.2-3711(A)(8)
Subject Matter: Project Solution
Purpose: Discussion of Potential Economic Development
Incentive Package
2. Discussion concerning a prospective business or industry or the expansion of
an existing business or industry where no previous announcement has been made of the
business' or industry's interest in locating or expanding its facilities in the community.
(c) Legal Authority: Virginia Code § 2.2-3711(A)(5)
Subject Matter: Project Calcium
Purpose: Economic Development Project Status Update
(d) Legal Authority: Virginia Code § 2.2-3711(A)(5)
Subject Matter: Project 3
Purpose: Economic Development Project Status Update
10. Return to Open Session & Closed Session Certification
Barksdale ❑ Davis ❑ Scearce ❑ Hagerman ❑ Blackstock ❑ Barber ❑ Warren ❑
Barksdale ❑ Davis ❑ Scearce ❑ Hagerman ❑ Blackstock ❑ Barber ❑ Warren ❑
Time
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
CERTIFY CLOSED MEETING
BE IT RESOLVED that at the Work Session of the Pittsylvania County Board of
Supervisors on November 28, 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.
I. Adjourn to Business Meeting (at 6:30 pm and reconvene in County General District
Courtroom at 7.•00 pm)
Vote
Tim R. Barber
Yes/No
Jerry A. Hagerman
Yes/No
Elton W. Blackstock
Yes/No
Joe B. Davis
Yes/No
Ronald S. Scearce
Yes/No
Robert W. Warren
Yes/No
Jessie L. Barksdale
Yes/No
I. Adjourn to Business Meeting (at 6:30 pm and reconvene in County General District
Courtroom at 7.•00 pm)
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
WORK SESSION
AGENDA TITLE: AGENDA DATE:
Virginia Department of Transportation (VDOT) Smart 11-28-2017
Scale Applications
ACTION• ❑
SUBJECTIPROPOSAL/REOUEST
Discussion with VDOT representatives on potential
Smart Scale Applications CONSENT AGENDA: ❑
STAFF CONTACT(S):
Mr. Sides
ROLL CALL VOTE: ❑
ATTACHMENTS:
None
REVIEWED BY: 5vs
ITEM NUMBER:
5(a)
INFORMATION: R1
SUMMARY:
Representatives from VDOT will be present to discuss The Smart Scale process and potential Smart Scale
Applications for Pittsylvania County.
FINANCIAL IMPACT AND FUNDING SOURCE,
N/A
RECOMMENDATION:
MOTION:
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
WORK SESSION
AGENDA TITLE:
CSA Update
AGENDA DATE:
ITEM NUMBER:
11/28/2017
5(b)
SUBJECT/PROPOSAL/REOUEST•
ACTION: ❑
INFORMATION:
CPMT Attendance Report
Decreasing CSA Costs
CONSENT AGENDA•
❑
ROLL CALL VOTE:
❑
STAFF CONTACT(S):
ATTACHMENTS:
Ms. Boswell
CPMT Attendance Record 2017
REVIEWED BY:
PS
SUMMARY:
Cheryl Boswell, CSA Coordinator, will present the Community Policy and Management Team (CPMT)
quarterly attendance report.
"CPMT members, or their alternate, shall attend at least 75% of regularly scheduled meetings, unless
mitigating, circumstances are approved by the Pittsylvania County Board of Supervisors. To satisfy a CPMT
member's 75% minimum regular meeting requirement, a CPMT member's alternate can attend no more than
25% of the total regular CPMT meetins on the CPMT member's behalf."
FINANCIAL IMPACT AND FUNDING SOURCE:
N/A
RECOMMENDATION•
MOTION:
None
Ledford -Cohen
System Transformation Facilitators & Consultants
Dr. Gail Ledford - mgledford(a_ verizon g
Dr. Robert Cohen - rocohen26410gmail com
P. 0. Box 2841
Springfield, Virginia 22152
Review of Pittsylvania County's Comprehensive Service Act (CSA) System
A Proposal
Purpose: To conduct an initial assessment of the service delivery, administrative and fiscal components of the
County's CSA system to determine the effectiveness and efficiency of the current system of care and the
extent to which it conforms to the core values, principles and policies of Virginia's CSA. To provide guidance to
the County on the system's strengths and areas needing improvement, as well as offer recommendations for
enhancing performance, with special attention to the cost of services.
Goals: The Ledford -Cohen consultation will be focused on the following goals:
• To understand the extent to which the County's CSA system's performance is consistent with the basic
tenets of the Commonwealth's CSA.
• To assess the factors that contribute to the current cost of services and expenditure growth.
• To provide an assessment of how well the current system of care is performing, including its strengths
as well as areas that need improvement.
• To identify specific areas that would benefit from corrective action and offer recommendations for
how to address areas of concern, including types of assistance that might be appropriate.
Method: The consultants will employ the following strategies to assess Pittsylvania's system of care and
develop recommendations for improving performance:
• Review organizational structure, policies and procedures, reports and other documents related to the
County's system for care for children and families.
• Interview key stakeholders, including CSA staff and county administrative staff involved in child/family
service system.
• Review sample of cases of children served through CSA.
• Review performance measures, including cost, utilization and outcomes related to CSA.
Anticipate 2 site visits to Pittsylvania, off-site review of written materials and numerous phone contacts.
Deliverables: Following the assessment of the current CSA system, Ledford -Cohen will provide to the County:
• A written summary of findings, conclusions and recommendations.
• Discussions with Mr. Hicks and other County officials he designates to discuss findings and
recommendations.
• Debriefing meeting with CSA staff to share and discuss findings.
Schedule: This review will be conducted over a four-month period, including gathering information to assess
current performance, development of conclusion and recommendations and discussion of potential strategies
for improvement with county officials. Proposed start date: December 1, 2017.
Cost: Total Project Cost Including Consultant Time and Travel: $9,500
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
WORK SESSION
AGENDA TITLE:
SVMP Update; Town of Altavista's Presentation
SUBJECT/PROPOSAL/REOUEST
Update on Southern Virginia Multimodal Park Utility
Service Study
STAFF CONTACT(S):
Mr. Hicks
AGENDA DATE:
11-28-2017
ACTION: ❑
CONSENT AGENDA: ❑
ROLL CALL VOTE:
ATTACHMENTS:
REVIEWED BY:
❑E
ITEM NUMBER:
5(c)
INFORMATION: El
!%dS
SUMMARY:
The Town of Altavista, Samet Corporation and Pittsylvania County hired the engineering firm of Peed and
Bortz, LLC to do an evaluation of opportunities to provide water and sewer services to the Multimodal Park
in Hurt, Virginia. The study was completed in October of 2017, and was presented to the Altavista Town
Council on Tuesday, October 24, 2017. At the worksession meeting, we will provide you with a summary of
the report and the various costs associated with the described options.
FINANCIAL IMPACT AND FUNDING SOURCE:
Funding sources have not been identified. Costs will more than likely be distributed among participants at a
rate to be determined.
RECOMMENDATION:
No Recommendation. Discussions with all of the interested parties will continue
MOTION:
None Required.
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
WORK SESSION
AGENDA TITLE: AGENDA DATE:
Financial Update -Future Financial Impacts 1 11/28/2017
SUBJECT/PROPOSAL/REOUEST: ACTION: ❑
Presentation on the future financial impacts facing the
County
STAFF CONTACT(S):
Kim Van Der Hyde
CONSENT AGENDA:
ROLL CALL VOTE:
ATTACHMENTS:
REVIEWED BY:
■❑
u
ITEM NUMBER:
5(d)
INFORMATION:
SUMMARY:
A financial presentation will be given on the future financial impacts facing the County.
FINANCIAL IMPACT AND FUNDING SOURCE:
N/A
RECOMMENDATION:
Staff submits this for the Board's consideration.
MOTION:
None
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
WORK SESSION
AGENDA TITLE:
E911 Tower Debt Refinance
Briefing on the resolution that will be passed at
tonight's business meeting
STAFF CONTACT(S):
Van Der Hyde
AGENDA DATE:
11/28/2017
ACTION: ❑
CONSENT AGENDA: ❑
ROLL CALL VOTE: ❑
ITEM NUMBER:
5(e)
INFORMATION: El
ATTACHMENTS:
E911 Debt Refinance Resolution #2017-11-01
Bank of America Term Sheet including Amortization
Schedule
REVIEWED BY: C�$
SUMMARY:
The Computer/Radio/'Telecommunications committee has been working to resolve a dead zone issue in
several areas of the County for fire and rescue service including the Tunstall area in Dry Fork and the
Mayfield Road area near Berry Hill Road. The committee has determined that placing 2 additional towers in
these areas would significantly improve radio reception and enable all rescue calls to be received. One tower
would be located at Tunstall Fire and Rescue and the other would be located at the Mayfield Road compactor
site location. The cost of this project is anticipated not to exceed $2 million. Two items will appear on
tonight's BOS business meeting. The first is a public hearing to hear citizen input on the placement of the
Tunstall tower on the Tunstall Fire and Rescue site. This public hearing is necessary because we do not own
this property and Tunstall Fire and Rescue is a 501(c)(3) corporation. As such, the IRS requires that this
public hearing be held to meet their statutory requirements. The second item on tonight's agenda is the E911
Debt Refinance Resolution (Resolution #2017-11-01). This resolution must be approved by the Board of
Supervisors to proceed with the debt refinance.
FINANCIAL IMPACT AND FUNDING SOURCE:
The 8 original towers were financed by Bank of America in 2012 at a total cost of $13.4 million to be repaid
over a 10 -year period. Bank of America is willing to refinance this lease to include the 2 additional towers.
The new financed amount would be $10,987,800 at an interest rate of 2.26%. This deal would extend the
repayment schedule of these towers by 2 years to 2025. A copy of the bank term sheet and amortization
schedule is attached for your review. Debt service payments will only increase slightly to cover a small
portion of principal and the interest on the additional amount until the last 2 years. The majority of the cost
or $1.8 million will be paid in FY2024 and FY2025.
This update is provided this afternoon to prepare the Board to approve the attached resolution at the 7 pm
business meeting.
MOTION:
No motion is required at this time.
COVERING CERTIFICATE FOR RESOLUTION
The undersigned Clerk of the Board of Supervisors of the County of Pittsylvania,
Virginia (the "Board"), certifies as follows:
1. Attached hereto is a true, correct and complete copy of a resolution entitled
"RESOLUTION AUTHORIZING THE COUNTY OF PITTSYLVANIA, VIRGINIA, TO ENTER
INTO A SCHEDULE OF PROPERTY UNDER AN EXISTING MASTER EQUIPMENT LEASE
PURCHASE AGREEMENT TO FINANCE IMPROVEMENTS TO THE COUNTY'S
EMERGENCY COMMUNICATIONS SYSTEM AND TO REFINANCE CERTAIN
OUTSTANDING RENTAL PAYMENTS UNDER THE MASTER LEASE PURCHASE
AGREEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH
SCHEDULE OF PROPERTY" (the "Resolution"), as adopted at a regular meeting of the Board
held on November 28, 2017, by the recorded affirmative roll -call vote of a majority of all
members elected to the Board.
2. Such meeting of the Board was held at the time and place established by the
Board for its regular meetings.
3. The minutes of such meeting reflect the attendance of the members and their
votes on the Resolution as follows:
Member Attendance Vote
(Present/Absent) (Aye/Nay/Abstain)
Tim R. Barber
Jessie L. Barksdale
Elton W. Blackstock
Joe Davis
Jerry A. Hagerman
Ronald Scearce
Robert "Bob" Warren
4. The Resolution has not been repealed, revoked, rescinded or amended and is in
full force and effect on the date hereof.
WITNESS my signature and the seal of the County of Pittsylvania, Virginia, this
day of 2017.
(SEAL)
David M. Smitherman, Clerk, Board of
Supervisors, Pittsylvania County, Virginia
Resolution 2017-11-01
RESOLUTION AUTHORIZING THE COUNTY OF
PITTSYLVANIA, VIRGINIA, TO ENTER INTO A
SCHEDULE OF PROPERTY UNDER AN EXISTING
MASTER EQUIPMENT LEASE PURCHASE AGREEMENT
TO FINANCE IMPROVEMENTS TO THE COUNTY'S
EMERGENCY COMMUNICATIONS SYSTEM AND TO
REFINANCE CERTAIN OUTSTANDING RENTAL
PAYMENTS UNDER THE MASTER LEASE PURCHASE
AGREEMENT AND AUTHORIZING THE EXECUTION
AND DELIVERY OF SUCH SCHEDULE OF PROPERTY
WHEREAS, the County of Pittsylvania, Virginia (the "County"), and Banc of America
Public Capital Corp (the "Lessor") have previously entered into a Master Equipment Lease
Agreement (the "Master Lease Agreement"), and a Schedule of Property No. 1 ("Schedule No.
1"), each dated as of February 24, 2012, to finance the acquisition and installation of certain
emergency communications equipment;
WHEREAS, the Board of Supervisors of the County (the `Board") desires to finance
additional improvements to the County's emergency communications system, including but not
limited to the acquisition, installation and equipping of new cell towers and related equipment
(collectively, the "Equipment"), for use by the County and the Tunstall Volunteer Fire and
Rescue, Inc.;
WHEREAS, the Lessor has offered to refinance the outstanding rental payments due
under Schedule No. 1 (the "2012 Rental Payments"); and
WHEREAS, the County Administration has recommended that the County enter into a
Schedule of Property No. 2 under the Master Lease Agreement ("Schedule No. 2" and, together
with the Master Lease Agreement, the "Lease Agreement"), the form of which has been
presented to this meeting, to finance the acquisition, installation and equipping of the Equipment
and to refinance the 2012 Rental Payments;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF
PITTSYLVANIA, VIRGINIA:
1. The Board (a) has determined that it is in the best interests of the County and its
residents to proceed with the lease/purchase financing of the Equipment and the refinancing of
the 2012 Rental Payments and (b) authorizes the acquisition, installation and equipping of the
Equipment and refinancing the 2012 Rental Payments through the execution of Schedule No. 2
with the Lessor in accordance with the terms of the Master Lease Agreement, the bid of the
Lessor dated October 24, 2017 (attached hereto as Exhibit A), and this Resolution.
2. The County Administrator (which term shall include the Assistant County
Administrator) is authorized to negotiate with the Lessor and to accept such pricing terms as the
County Administrator shall determine to be in the best interests of the County; provided
however, that (a) the aggregate amount of principal components of basic rent (the "Basic Rent")
payable under the Lease Agreement shall not exceed $10,987,800, (b) the Lease Agreement shall
terminate no later than December 31, 2026, and (c) the interest components of Basic Rent
payable under the Lease Agreement shall bear interest at an annual rate not to exceed 2.26%
(exclusive of any interest penalties and subject to adjustment as set forth in the Lease
Agreement). The County Administrator is further authorized to determine the payment dates and
installment amounts of Basic Rent (comprising both principal and interest components) due
under the Lease Agreement and the provisions relating to any prepayment of such Basic Rent
(including any make -whole prepayment price).
3. The County Administrator is authorized to execute a final form of Schedule No. 2
substantially in the form presented to this meeting, which is hereby approved, with such
completions, omissions, insertions and changes not inconsistent with this Resolution and the
Master Lease Agreement as may be approved by the County Administrator. The execution by
the County Administrator of Schedule No. 2 and the delivery thereof to the Lessor shall
constitute conclusive evidence of the County Administrator's approval of the final form of
Schedule No. 2 and any related completions, omissions, insertions and changes. The officers of
the County are authorized and directed to execute and deliver all certificates and instruments,
including any project escrow agreement or restricted account agreement, and to take all actions
necessary or desirable in connection with the execution and delivery of Schedule No. 2.
4. The County is authorized to grant a security interest in the Equipment acquired
with the proceeds under the Lease Agreement as security for the prompt payment when due of
amounts payable and the performance by the County of its other obligations under the Lease
Agreement.
5. The Board determines that the acquisition and continuing use of the Equipment
and the financing of the same through the Lease Agreement are necessary and proper to the
efficient operation of the County and will continue to be necessary and proper to the efficient
operation of the County through the fiscal year ending June 30, 2027.
6. The undertaking by the County to make payments under the Lease Agreement
shall be a limited obligation payable solely from funds to be appropriated from time to time by
the Board for such purpose and shall not constitute a debt of the County within the meaning of
any constitutional or statutory limitation or a pledge of the faith and credit or the taxing power of
the County beyond any fiscal year for which the County has appropriated funds for such purpose.
7. The County believes that funds sufficient to make payment of all amounts payable
under the Lease Agreement can be obtained. While recognizing that it is not empowered to
make any binding commitment to make such payments beyond the current fiscal year, the Board
states its intent to make annual appropriations for future fiscal years in amounts sufficient to
make all such payments and recommends that future boards do likewise during the term of the
Lease Agreement. The Board directs the County Administrator, or such other officer as may be
charged with the responsibility for preparing the County's annual budget, to include in the
budget for each fiscal year during the term of the Lease Agreement an amount sufficient to make
all rental payments payable under the Lease Agreement during such fiscal year.
8. The County covenants that it will not take or omit to take any action the taking or
omission of which will cause the Lease Agreement to be an "arbitrage bond" within the meaning
2
of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), and regulations
issued pursuant thereto, or otherwise cause interest on the proceeds under the Lease Agreement
to be includable in the gross income of the Lessor, and its successors and assigns, under current
law. Without limiting the generality of the foregoing, the County shall comply with any
provision of law that may require the County at any time to rebate to the United States any part
of the earnings derived from the investment of the gross proceeds under the Lease Agreement,
unless the County receives an opinion of nationally recognized bond counsel that such
compliance is not required to prevent interest on the proceeds under the Lease Agreement from
being includable in the gross income for federal income tax purposes of the Lessor, and its
successors and assigns, under existing law.
9. Such officers of the County as may be requested by the County's special tax
counsel are authorized and directed to execute an appropriate certificate setting forth (a) the
expected use and investment of the proceeds under the Lease Agreement to show that such
expected use and investment will not violate the provisions of Section 148 of the Code and (b)
any elections such officers deem desirable regarding rebate of earnings to the United States for
purposes of complying with Section 148 of the Code. Such certificate shall be prepared in
consultation with the County's special tax counsel, and such elections shall be made after
consultation with such special tax counsel.
10. The County covenants that during the term of the Lease Agreement it shall not
permit the proceeds of the Lease Agreement or the Equipment to be used in any manner that
would result in (a) 5% or more of such proceeds or the Equipment being used in a trade or
business carried on by any person other than a governmental unit or a 501(c)(3) organization (to
the extent such use does not constitute unrelated trade or business use), as provided in Section
141(b) of the Code, or (b) 5% or more of such proceeds being used directly or indirectly to make
or finance loans to any persons other than a governmental unit or a 501(c)(3) organization (to the
extent such use does not constitute unrelated trade or business use), as provided in Section 141(c)
of the Code; provided, however, that if the County receives an opinion of a nationally recognized
bond counsel firm that any such covenants need not be complied with to prevent the interest
components of basic rent from being includable in the gross income for Federal income tax
purposes of the Lessor under existing law, the County need not comply with such covenants.
11. All other actions of the County in conformity with the purposes and intent of this
Resolution and in furtherance of entering into the Lease Agreement, financing the acquisition,
installation and equipping of the Equipment and refinancing the 2012 Rental Payments are
approved and confirmed.
12. All resolutions or parts of resolutions in conflict herewith are repealed.
13. This Resolution shall take effect immediately.
3
99900.14463 EMF US 67117285x4
SCHEDULE OF PROPERTY No. 2
Re: Master Equipment Lease Agreement, dated as of February 24, 2012, between Banc of
America Public Capital Corp, as Lessor, and the County of Pittsylvania, Virginia, as
Lessee
1. Defined Terms.
(a) Except as amended in subsection (c) below, all capitalized terms used but
not otherwise defined herein shall have the meanings ascribed to them in the above -referenced
Master Equipment Lease Agreement (the "Master Equipment Lease ").
(b) For purposes of the Lease created by the Master Equipment Lease and this
Schedule, the following capitalized terms shall have the following meanings:
"Escrow Account" shall mean the "2017 Pittsylvania Equipment Lease
Escrow Account" established pursuant to the Escrow Agreement.
"Escrow Agent" shall mean Bank of America, National Association.
"Escrow Agreement" shall mean the Escrow and Account Control
Agreement dated as of December 1, 2017, by and among Lessee, Escrow
Agent and Lessor.
(c) For purposes of the Lease created by the Master Equipment Lease and this
Schedule, the following capitalized terms defined in the Master Equipment Lease shall be
amended to have the meanings set forth below:
"Acquisition Fund" shall mean the Escrow Account.
"Acquisition Fund Agreement" shall mean the Escrow Agreement.
"Acquisition Fund Custodian" shall mean the Escrow Agent.
"Maximum Equipment Cost" shall mean the cumulative amount that may
be financed under the Master Equipment Lease and the Schedules
thereunder, not to exceed $15,467,730.
2. Equipment. The items of Equipment described in the attached Exhibit A are
hereby included under this Schedule of the Master Equipment Lease.
3. Payment Schedule.
(a) Rental Payments. The Rental Payments shall be in such amounts and
payable on such dates as set forth in the Rental Payment Schedule attached to this Schedule as
Exhibit B.
(b) Purchase Price Schedule. The Purchase Price on each Rental Payment
date for the Equipment listed in this Schedule shall be the amount set forth for such Rental
1
Payment date in the "Purchase Price" column of the Rental Payment Schedule attached to this
Schedule. The Purchase Price is in addition to all Rental Payments then due under this Schedule
(including the Rental Payment shown on the same line in the Rental Payment Schedule).
4. Representations, Warranties and Covenants. Lessee hereby represents, warrants
and covenants that its representations, warranties and covenants set forth in the Master
Equipment Lease are true and correct as though made on the date of commencement of Rental
Payments on this Schedule. Lessee further represents and warrants that (a) no Material Adverse
Change in Lessee's financial condition has occurred since the date of the Master Equipment
Lease; (b) the governing body of Lessee has authorized the execution and delivery of this
Schedule pursuant to its resolution adopted on November 28, 2017 (which has not been amended
or supplemented); (c) the Equipment described in Exhibit A hereto is essential to the functions of
Lessee or to the services Lessee provides its citizens; (d) Lessee has an immediate need for, and
expects to make immediate use of, substantially all such Equipment, which will be used by
Lessee only for the purpose of performing one or more of Lessee's governmental or proprietary
functions consistent with the permissible scope of its authority; and (f) Lessee expects and
anticipates adequate funds to be available for all fixture payments or rent due after the current
budgetary period.
5. Assignment of Equipment. Lessee assigns to Lessor all of Lessee's right, title and
interest in and to the [2017 PURCHASE AGREEMENT] and the Equipment to be provided by
the vendor thereunder. Such assignment of the [2017 PURCHASE AGREEMENT] is an
assignment of rights only; nothing in the Master Equipment Lease or this Schedule shall be
deemed to have relieved Lessee of any obligation or liability under the [2017 PURCHASE
AGREEMENT]. Lessee shall arrange for delivery and installation of the Equipment and shall
advise Lessor of the date as of which all of the Equipment has been delivered and installed.
6. The Lease. The terms and provisions of the Master Equipment Lease (other than
to the extent that they relate solely to other Schedules or Equipment listed on other Schedules)
are hereby incorporated into this Schedule by reference and made a part hereof.
7. Lease Proceeds; Refinancing of Rental Payments Due under Schedule of Property
No. 1. The Lease Proceeds shall be applied as follows:
(a) Lessor shall transfer $[] to Escrow Agent to deposit to the Escrow
Account to pay the costs of the Equipment and the related costs of entering into this Schedule. It
is expected that by eighteen (18) months from the date of this Schedule, Lessee will have taken
possession of all items of Equipment shown above and that a Lessee's Acceptance Certificate, or
Acceptance Certificates, will be signed by Lessee and delivered to Lessor on or before eighteen
(18) months from the date of this Schedule.
(b) Lessor shall constructively apply $[to the prepayment in full of
the outstanding principal components of the Rental Payments, together with accrued and unpaid
interest thereon, due under Schedule of Property No. 1 dated February 24, 2012 ("Schedule No.
I"
4
8. Acquisition Period. The Acquisition Period applicable to this Schedule shall end
at the conclusion of the 18a' month following the date hereof.
9. Lease Term. The Term of this Lease shall begin on December 1, 2017 (the
"Commencement Date") and end on March 15, 2026.
10. Purchase Option Commencement Date. For purposes of Section 10.01 of the
Lease, the Purchase Option Commencement Date is [March 15, 2022].
11. Maximum Equipment Cost. The Maximum Equipment Cost approved on a
cumulative basis under the Lease for this Schedule and all previous Schedules is $15,467,730.
12. Contract Rate. The Contract Rate for this Schedule is 2.26%.
[Signature Page Follows]
c
Dated: December 1, 2017.
LESSOR:
Banc of America Public Capital Corp
555 California Street, 4th Floor
San Francisco, California 94104
Attention: Contract Administration
LESSEE:
County of Pittsylvania, Virginia
1 Center Street
Chatham, Virginia 24531
Attention: County Administrator
Fax No.: (434) 432-7714
Name: David M. Smitherman
Title: County Administrator
Counterpart No. of manually executed and serially numbered counterparts.
To the extent that this Lease constitutes chattel paper (as defined in the Uniform Commercial
Code), no security interest herein may be created through the transfer or possession of any
Counterpart other than Counterpart No. 1.
lI
EXHIBIT A
EQUIPMENT LISTING
The Lessee may finance the following emergency E911 equipment or such other
equipment as Lessor and Lessee may agree for purposes of this Schedule, as described below:
Equipment Refinanced Pursuant to Schedule of Property No. 2
The E911 radio communications equipment to be located at each of nine sites in the
County known generally as the Callands Compactor Site, the Grit Road Site, the Mt. Airy Site,
the Rockford School Road Site, the White Oak Mountain Site, the Brosville Site, the Dan River
Middle School Site, the Smith Mountain Site and the ECC Site and certain of portable equipment
as described below:
Callands Compactor Site
VHF Radio Infrastructure Equipment
VHF Base Stations
Transmit Combiners
VHF Antenna System
Paging System
Cabinets/Power Supplies and Misc. Hardware
Simulcast Controller and HA Switch
System Status Monitor Sub -System
Test Equipment
5 Consoles and Console Furniture
Mux/Routers
Fiber Optic
Digital Microwave Eauipment
HSB Radio
Multiplex Equipment
Loop Switch
Power Supply and Battery
Antenna System
Spare Equipment
VHF Radio Infrastructure Equipment
VHF Base Stations
Transmit Combiners
VHF Antenna System
Paging System
Cabinet&Tower Supplies and Misc. Hardware
Simulcast Controller
System Status Monitor Sub -System
Test Equipment
Mux/Routers
Site Facilities Equipment
Fencing
Grounding and Surge Protection
Prefabricated Shelter
Emergency Generator and Fuel System
UPS and Batteries
RF Antennas
Cable Ladder on Tower
Tower and Associated Equipment
300 ft. Self -Supporting Tower
Grit Road Site
Site Facilities Equipment
Fencing
Grounding and Surge Protection
Prefabricated Shelter
Emergency Generator and Fuel System
UPS and Batteries
RF Antennas
Digital Microwave Equipment
HSB Radio
Multiplex Equipment
Loop Switch
Power Supply and Battery
Antenna System
Spare Equipment
VHF Radio Infrastructure Equipment
VHF Base Stations
Transmit Combiners
VHF Antenna System
Paging System
Cabinets/Power Supplies and Misc. Hardware
Simulcast Controller
System Status Monitor Sub -System
Test Equipment
Mux/Routers
Digital Microwave Equipment
HSB Radio
Multiplex Equipment
Loop Switch
Power Supply and Battery
Antenna System
Spare Equipment
VHF Radio Infrastructure Fuluipment
Tower and Associated Equipment
195 ft. Self -Supporting Tower
Mt. Airy Site
Site Facilities Eguipment
Fencing
Grounding and Surge Protection
Prefabricated Shelter
Emergency Generator and Fuel System
UPS and Batteries
RF Antennas
Cable Ladder on Tower
Tower and Associated Equipment
Rockford School Road Site
VHF Base Stations
Transmit Combiners
VHF Antenna System
Paging System
Cabinets/Power Supplies and Misc. Hardware
Simulcast Controller
System Status Monitor Sub -System
Test Equipment
Mux/Routers
Digital Microwave Equipment
HSB Radio
Multiplex Equipment
Loop Switch
Power Supply and Battery
Antenna System
Spare Equipment
195 ft. Self -Supporting Tower
Site Facilities Equipment
Fencing
Grounding and Surge Protection
Prefabricated Shelter
Emergency Generator and Fuel System
UPS and Batteries
RF Antennas
Cable Ladder on Tower
Tower and Associated Equipment
195 ft. Self -Supporting Tower
VHF Radio Infrastructure Equipment
VHF Base Stations
Transmit Combiners
VHF Antenna System
Paging System
Cabinets/Power Supplies and Misc. Hardware
Simulcast Controller
System Status Monitor Sub -System
Test Equipment
Mux/Romers
Di¢ital Microwave Equipment
HSB Radio
Multiplex Equipment
Loop Switch
Power Supply and Battery
Antenna System
Spare Equipment
VHF Radio Infrastructure Equipment
VHF Base Stations
Transmit Combiners
VHF Antenna System
Paging System
Cabinets/Power Supplies and Misc. Hardware
Simulcast Controller
System Status Monitor Sub -System
Test Equipment
Mux/Routers
Digital Microwave Equipment
HSB Radio
Multiplex Equipment
Loop Switch
Power Supply and Battery
Antenna System
Spare Equipment
VHF Radio Infrastructure Equipment
White Oak Site
Site Facilities Equipment
Grounding and Surge Protection
UPS and Batteries
RF Antennas
Cable Ladder on Tower
Tower and Associated Equipment
300 ft. Self -Supporting Tower
Brosville Site
Site Facilities Equipment
Fencing
Grounding and Surge Protection
Prefabricated Shelter
Emergency Generator and Fuel System
UPS and Batteries
RF Antennas
Tower and Associated Equipment
250 ft. Self -Supporting Tower
Dan River Middle School Site
VHF Base Stations
Transmit Combiners
VHF Antenna System
Paging System
Cabinets/Power Supplies and Misc. Hardware
Simulcast Controller
System Status Monitor Sub -System
Test Equipment
Mux/Routers
Site Facilities Equipment
Fencing
Grounding and Surge Protection
Prefabricated Shelter
Emergency Generator and Fuel System
UPS and Batteries
RF Antennas
Digital Microwave Equipment
HSB Radio
Multiplex Equipment
Loop Switch
Power Supply and Battery
Antenna System
Spare Equipment
VHF Radio Infrastructure Equipment
Tower and Associated E ui ment
300 ft. Self -Supporting Tower
Smith Mountain Site
VHF Base Stations
Transmit Combiners
VHF Antenna System
Paging System
Cabinets/Power Supplies and Misc. Hardware
Simulcast Controller
System Status Monitor Sub -System
Test Equipment
Mux/Routers
Digital Microwave Equipment
HSB Radio
Multiplex Equipment
Loop Switch
Power Supply and Battery
Antenna System
Spare Equipment
VHF Radio Infrastructure Equipment
VHF Base Stations
Transmit Combiners
VHF Antenna System
Paging System
Cabinets/Power Supplies and Misc. Hardware
Simulcast Controller
System Status Monitor Sub -System
Test Equipment
Mux/Routers
Digital Microwave Equipment
HSB Radio
Multiplex Equipment
Loop Switch
Power Supply and Battery
Antenna System
Spare Equipment
968 Radios
800 Pagers
Miscellaneous Base Stations
Site Facilities Equipment
Fencing
(mounding and Surge Protection
Prefabricated Shelter
Emergency Generator and Fuel System
UPS and Batteries
RF Antennas
Tower and Associated Equipment
250 ft. Self -Supporting Tower
ECC Site
Other Miscellaneous Equipment
Equipment Financed Pursuant to Schedule of Property No. 2
[Insert Equipment Description/Location]
EXHIBIT B
RENTAL PAYMENT SCHEDULE [BAPCC TO PROVIDE]
Rental
Payment
Date
Rental
Payment
Amount
Interest
Portion
Principal
Portion
Outstanding
Balance
Purchase
Price
[including
Prepayment
Premium]
Total
Purchase Price is equal to 100% of the Principal components of Rental Payments then
remaining outstanding as of such Rental Payment date, plus any other amounts due and owing
under the Lease. The Purchase Price represents a payment in addition to the Rental Payment
amount due on such Rental Payment date.
For purposes of this Lease, "Taxable Rate, " with respect to the interest component of
Rental Payments, means an annual rate of interest equal to [I%.
LESSEE:
County of Pittsylvania, Virginia
David M. Smitherman, County Administrator
36841.000013 EMF_US 67190320x2
Charles T. Maguire
Senior Vice President
Government Equipment Finance
October 24, 2017
Pittsylvania County, VA
BankofAmerica mil
Merrill Lynch
Banc of America Public Capital Corp
VA2-300-18-02
I I I I E. blain Street. 181h Floor
Richmond, VA 23219
l5mail: charles.maguirc@baml com
1'c1: (804) 489-5044
Fax: (804) 262-8344
Banc of America Public Capital Corp ("BAPCC") is pleased to submit to you ("Lessee") the lease financing
proposal (the "Proposed Transaction") described in the attached Summary of Terms and Conditions (the "Term
Sheet").
We would like to document this as a schedule to the original master lease.
This letter and the Term Sheet (collectively, the "Proposal" or "Proposal Letter") include only a brief description
of the principal terms of the Proposed Transaction, and are intended for discussion purposes only. This Proposal
Letter is not intended to and does not create any binding legal obligation on the part of either party. BAPCC will
not be obligated to provide any financing until the satisfactory completion of its credit, legal and investment
approval process. The terms and conditions of this Proposal Letter shall be superseded by and shall no longer be
effective upon the execution and delivery of final legal documentation with respect to this Proposed Transaction.
This Proposal must be accepted on or before November 3, 2017 in order for BAPCC to proceed with its
consideration of the Proposed Transaction. To accept this proposal, please sign the enclosed copy of this letter
and return it, by no later than November 3, 2017 to:
Banc of America Public Capital Corp
1111 E. Main Street, 18" Floor
Richmond, VA 23832
P — 804-489-5044
F — 804-788-3432
We appreciate this opportunity to present Bank of America.
Very
y� �truly yours,
�p
ti'w.s"w" ?
Charles T. Maguire
Senior Vice President
"Bank of America Merrill Lynch" ie the marketing name forthe global banking and global markets businesses of dank of Americo Corporation. Lending,
derivatives, leasing equipment finance. and other commercial banking aclivides are performed globally by banking.mumes of Bank of America
Corporation, including Bank ofAmetica. N.A., Member FDIC. Securities, strategic advisory, and other invesuncnt banking activities are performed globally
by investment banking affiliates of Bank of America Corporation ("Investment Banking Affiliates"), including, in the United States. Merrill Lynch, Pierce,
Fenner & Smith Incorporated and Merrill Lynch Professional Clearing Corp., both of which an rogisterad broker-dealers and Members of SIPC, and, in
othojonsdietions, by locally registered entities. Merrill Lynch, Pierce, Former & Smith Incorporated and Merrill Lynch Professional Clearing Corp.
are registered as futures commission merchants with the CFTC and arc members of the NFA. BAPCC is not a municipal adviscrand is incl subject o the
fiduciary dory established in Section 15B(oXI) cribs Severities Exchange Act of 1934, as emended, with respect to any muniailed financial product or issuance
ofmunicipal securitiec line information provided in this document is not intended to be and should not be construed as "advice' with the meaning Section 15B
afthe Securities Exel,angc Aa of 1934 and the municipal advisor rules offl a SEC. Investment products offered by Investment Banking Affiliates: Are Not
FDIC Insured a May Lose Value • Are Not Bank Guaranteed. 02016 Bank of America Corporation
Page 2
The undersigned, by its authorized representative below, accepts the above proposal, agrees to furnish Lessor, its
successors and assigns, any information relating to the business or financial condition of Lessee or its affiliates,
and authorizes Lessor, Bank of America, National Association, and their affiliates to disclose to, discuss with and
distribute such information (and any information they may already have) to any other affiliates or proposed
assignees or successors of Lessor.
Pittsy a is County, VA
By:
Title:Com., &f f r=/is Iffmii=
Date: l� f 3 t h7
*Pittsylvania County obligations
related to the proposal or the
transaction are subject.to future
Board of Supervisors' approval.
(Meeting set for November 28, 2017)
The contents of this proposal and any subsequent discussions between us, including any and all information, recommendations, opinions,
indicative pricing, quotations and analysis with respect to airy municipal financial product or issuance ofmunicipal securities, are provided
to you in reliance upon the exemption providedfor responses to requests for proposals or qualifications under the municipal advisor rules
(the "Rules') of the Securities and Exchange Commission (240 CFR 1511n1 -I et seq.).
The Slaf of the SEC's Office of Municipal Securities has Issued guidance which provides that, in order for a requesifm proposals to be
consistent with this exemption, it must (a) identify a particular objective. (b) be open far not more than a reasonable period oftime, (up to six
months being generally considered as reasonable), and (c) involve a competitive process (such as by being provided to at least three
reasonably competitive morkeJ participants) or by beingpublicly posted to your tf:ctat website. In submitting this proposal, we have relied
upon your compliance with thisguidance.
In submitting thisproposal, we are not undertaking to act as a "municipal advisor" loyou or any otherperson within the meaning of the
Rules. In connection with this proposal and the transactions described herein, we are not subject to, and we hereby disclaim, any fiduciary
duty to you or to any other person. We understand that you will consult with and rely on the advice of your own municipal, financial, tax,
legal andother advisors as and to the extemyou deem necessary in connection withyour evaluation of this proposal and the transactions
described herein.
The Immacnmn des,ribed hitt., doe.rnaa Is an -.,I ..glh, cornmereml tmnmcuai be u, .. you amt llanc ofArnrri o t'valle capital Corporonc
fits.mEsWiariev ur a$t/!alas (edleclivety, "RAPCC) m which: (j) HANX: is acting solelyas a principol lix., = a leaderorlevsor) amlfar Its own Inreresl; (it)
RAPCC is nal xnng asa muuirJpal alvts.r mfm.rufal advimrmyou; (ta) RAPCChas ro ftduciarydmvp.,o., Iv Section 158 af+he Seemilmoachange Aci
of 1934 "you i uh respect to IN, Immaclion and the discussions, undertakings aad procedures leading Ihemro (irrespective ofwhelher 84PCC or any of in
of iliales haspmvidedoUursen,icu or k mrmtillypnwiding othersemices loWu m mhernmmrs); (n) the untroh/igonons RAPCY: hes loyou wnh respeel m
Ibis mumu ou are sxtfrnh to the defmu. Imnmcdon agnerxrnr hrlwet.us!and(v)BAPC(1isnot ecounrmmlme Ih.t)av takean actionwith reaped to the
Irarrsadlon described in Ibis docounntt,..d before inking anyamion with respeel to /he dds+mumctlon, you shoulddlamv henitmou um contain dherim with
your own legal, acmrmnng, lar, fnimeml and odor admw , as yon deem appmphou, 1Jynu would like a munteipd advisor in this Irarsacllon dot has legal
fiduchuy dulles uWu, ,ou.refre, to engage. munldpol advlm, m scree hr that enpaclly.
SUMMARY OF TERMS AND CONDITIONS
Date: October 24, 2017
Lessee: Pittsylvania County, VA.
Lessor: Banc of America Public Capital Corp ("BAPCC") or its assignee or designee
Proiect: Refinance of existing lease, add $2,000,000 in new equipment/costs of issuance and extend
term by 24 months.
Securitv: BAPCC will have a security interest in the Equipment.
Structure: The Lease will be structured as a NON-BANK QUALIFIED TAX-EXEMPT transaction.
This is a lease intended as secured transaction; all tax benefits will remain with Lessee; the
lease will be a net financial lease, and all expenses, including (but not limited to) insurance,
maintenance, and taxes, will be for the account of Lessee.
Final Maturity: March 15, 2026
Maximum
Fundine: Not to exceed $10,987,800
Rate: 2.26%, see attached amortization.
The current rates are locked until December 1, 2017, and will be honored so long as the
transaction is funded before such date.
In order to lock the rate, the Counly lust notify (email is fine) BAPCC of acceptance of the
rates within 5 business days from the issuance of this proposal.
Payments: Payments will be in accordance with the attached amortization schedule. Please note if
alternative payment frequencies (i.e. monthly, quarterly or annual) or changes to the principal
amounts due on each payment date are requested, this may be accommodated but any changes
to the average life may also impact the rate quoted herein.
Insurance: Lessee may be required to provide, at its expense, casualty insurance (with such deductibles as
Lessor may approve) Lessor has the ability, if necessary, to obtain and provide any insurance
certificate required.
Prepayment: Pre -payable in whole on any payment date at par, after the first half term has expired.
Governmental
Entity Lease: The Base Rent installments are calculated on the assumptions, and Lessee will represent, that
Lessee is a state or political subdivision of a state within the meaning of Section 103(c) of the
Internal Revenue Code (the "Code"), that this transaction will constitute an obligation of Lessee
within the meaning of Section 103(a) of the Code, notwithstanding Section 103(b) of the Code.
Lessee shall provide Lessor with such evidence as Lessor may request to substantiate and
maintain such tax status.
Lessee will indemnify Lessor only as to the actions or omissions of the lessee, on an after-tax
basis, against any loss of Federal income tax exemption of the interest portion of the rentals and
against any penalties and interest imposed by the Internal Revenue Service on Lessor in
connection therewith on a lump -sum basis.
n t racy d.crhddo, dorent - +r eo,etlrrer. d- rh mx end cojNnerica],,bit. Cztrol Corp ar tore
Jt bselt.,,, ro ut -(cof! ! ll BAN(-)- hclr: (i)fiAl(C' ting xulely aprt ip+!(t. t: lu rlernrleamrJ andl rh rNnreren. (i+l
HAPCC. iv aat aciingw a municipal ad+'. n e, fn.to l arh Icor toy,-: (iii) HAI C C my no fiduciary duty perraanl toSemmn 15H oI the Seaaities lxichaogeAct
of 1934 to you n•itlr revpect to thin tmnxactinn mrd the di..cuscmrn. undenabngs and procedure., leading droreh, (nesp,we, of"r)"tj er HAPCC or tory of,.
apdiates hos provldad nthersemfees or is moovody pmrirhng other set -rice, to yoo no other mooeer); (n) tha ardy obligeli t., HA PCC has to you with respect to
thm rransuninn arc xerJ rth to rhe krnio,e tran..aeann a"me"n benvrrn oc; and (r) BAN, (' 1. nut rcc(nim eadiog thmyou take m+ ouiotnri+h respect m the
trm;roction de cnhed in tha dooment mrd beJr.ru inking onynenmr Wth nape/ "16, this voosaaion. yon ehordd diseuis It, infivnedwo mnmined herein Midi
ycoirioro legal, accmnrthrg, me, finando! and other advisors, n.r you dorm oppropdare. ]Jyan yank! like n mmdcipn! o<h•isor In rhes trmuaodon rlmt hat legal
Jidueiary dories rnyor+, you are fire m engage n mor icrpol advisor to serve in dial cnpavity.
Non-Appropriation
Termination: Lessee affirms that funds are available for the current fiscal year and reasonably believes that
sufficient funds can be obtained to make all rental payments during each subsequent fiscal year.
Lessee will regularly budget for and otherwise use its best efforts to obtain funds for the
continuation of the rentals in this transaction.
Expenses: Lessor and lessee will each be responsible for their own closing costs.
Escrow
Account: Lessee may deposit, subject to compliance with applicable regulations under the Internal
Revenue Code, including, but not limited to arbitrage regulations, the proceeds of the Lease in
an escrow acceptable to Lessor, and disbursements made therefrom to pay for the Project upon
the execution and delivery of an acceptance certificate (and related documents) by Lessee and
approved by Lessor.
Documents: Lease documents in form and substance satisfactory to Lessor and its local counsel must be
executed and delivered. If Lessor requests, Lessee will also furnish duly executed landlord and
mortgage waivers and supporting information. Lessee will also provide board resolutions,
incumbency certificates and other documentation required by Lessor.
Private
Placement: The proposed transaction is a private placement that will not require (i) any additional public
ongoing disclosure requirements, (ii) any additional public offering document generation
requirements, or (iii) any underwriting or related fees.
Market
Disruption: Notwithstanding anything contained herein to the contrary, in the event any material change
shall occur in the financial markets after the date ofthis Proposal Letter, including but not limited
to any governmental action or other event which materially adversely affects the extension of
credit by banks, leasing companies or other lending institutions, the Lessor may modify the
indicative pricing described above.
USA Patriot Act
Compliance: The Lessee acknowledges that pursuant to the requirements of the USA Patriot Act, as amended
from time to time (including as amended by the USA Freedom Act of 2015) (the "Patriot Act"),
the Lessor is required to obtain, verify and record information that identifies the Lessee, which
information includes the name and address of the Lessee and other information that will allow
the Lessor to identify the Lessee in accordance with the Patriot Act.
Credit Due
Dilieence: In order to complete its credit due diligence, Banc of America Public Capital Corp Credit
Administration will need you to provide:
- Three years of most recent audited financial statements;
- Most recent fiscal year's Budget
- Insurance Certificate
- W-9
r'he lronsacuan dmc ibed /n Ikk dxvmem Iran arm's length com...I eransanlon hel»een you om/Rax oJAmadmYvbAc Capllol Corp Drone
ofits a'ubsedlarlrr oroJ//llares (collectively. "RAPCC f in uhtch: (i) RAYCC I.r omirg anlrlymcoptincipal (i.e., as a lenJer nr /evrorJ ondJnric. nxm inlererr, hf
RAPCC isnatacting m a municipal arlvlvororfrneaclal advoorlo you: (ilii) RApC(7Iw.c nuftdaciary dulypmmvanllo Section 158ofthe secudoesErchongeAct
of IM m you uWh rapecv to this lronradion aml the dircuseions, undermkings amt procedures leading Ih men, (/rveryective ofcvhelher RAPCC or any oJln
af3hateshm'prowded other wrvicw or is currentlyprovidingolhersemcce lowuon other matters);(w) file only obiganota RAfa: has to ybu wilhreapedto
1h4nammetiao are setfonh in the de)inidve trammchan agreement/ bete'ennrs; mid (v) RAPCC is nm recommndbg thal you take on action with respect O'h'
trameal, nGsmdbod in Ihlr dacamem, aml before mk/ng.,y.,m no h reepuct tone, Ihir rmnsomwt yup rhaulddiscuxc the ig(ornmtimi canmirm lherme with
your own #g.1, accouorn g. I.. firmxtal and other advisors, w you deem appropriate. Ifyou would like a municipal advisor in this Iromactim Ober has too
jduclory dmtes to you, youn,efree to engage a mmadpa/advisor to serve In shat capacity.
Lease Amortization:
Date Funding
Payment
Interest
Principal
--
Balance
- ----
12/1/2017 $ 10,987,800.00
---
$ 10,987,800.00
3/15/2018
$
1,296,004.27
$
71,738.13
$
1,224,266.15
$
9,763,533.85
9/15/2018
$
110,327.93
$
110,327.93
$
-
$
9,763,533.85
3/15/2019
$
1,365,199.71
$
110,327.93
$
1,254,871.78
$
8,508,662.08
9/15/2019
$
96,147.88
$
96,147.88
$
-
$
8,508,662.08
3/15/2020
$
1,382,396.33
$
96,147.88
$
1,286,248.45
$
7,222,413.62
9/15/2020
$
81,613.27
$
81,613.27
$
-
$
7,222,413.62
3/15/2021
$
1,400,019.74
$
81,613.27
$
1,318,406.46
$
5,904,007.16
9/15/2021
$
66,715.28
$
66,715.28
$
$
5,904,007.16
3/15/2022
$
1,418,081.65
$
66,715.28
$
1,351,366.37
$
4,552,640.79
9/15/2022
$
51,444.84
$
51,444.84
$
-
$
4,552,640.79
3/15/2023
$
1,436,593.57
$
51,444.84
$
1,385,148.73
$
3,167,492.06
9/15/2023
$
35,792.66
$
35,792.66
$
-
$
3,167,492.06
3/1512024
$
1,455,566.77
$
35,792.66
$
1,419,774.10
$
1,747,717.96
9/15/2024
$
19,749.21
$
19,749.21
$
-
$
1,747,717.96
3/15/2025
$
893,608.19
$
19,749.21
$
873,858.98
$
873,858.98
9/15/2025
$
9,874.61
$
9,874.61
$
-
$
873,858.98
3/1512026
$
883,733.59
$
9,874.61
$873,858.98
--.....
$
0.00
$ 10,987,800.00
-'------
$
12,002,869.50
------
$ 1,015,069.50
$
10,987,800.00
71e irorachon desch d ie tr -loeol 1 oh leg1le e;alt of h,, yoo oodBorefA !bheCPll(.pr or one
fu-v,c;dear; or offllarel(col! 'i ly HAPCO Jtir(,)BAA C r>rgsolely o aP ncpol(em u koder or 1 - ) andfar av osi n inlerest, 0')
HAPCC Is nol aping av a mun;npal adv;mr orfnanmal ad -satyr y m (jh,) BA/ CC hat no fdneiury duly pu uu r u S ct nn bH frhe S cu i1 es /.xchange Act
of 1934 ro yco, e911, respect do'his lreoseell- mrd rhe discussions, undermkingv and procedures leading rherero (rrresp ear, f nherher BAPCC or any of in
aJQliams Ifs prov;ded other services or is correolypr..,dmg orh,rre,;,csroyrco,on othermmrers);(iv)/he only obligmions BAPCCbas m yro ndM respect to
rhes vansaorion are ser ford, m the daf owee dmrmoorloo ogreemenes /wm•een us: mrd (n) BAPCC A not recmnne,nding t,adyou mke oo acoon rrirh respect to rha
rmnsam;oo described hh this dacunrenp and before mkmg coy ellol, xi1h C1, the rh/s 1,,,.11an, yrodh.vhovld discuss rhe inlbnnatmr confined herein xUh
Y.", men legal accourfng rax, jnaucial and other adsisors, as y,.a deem appropriate. ljyou a anrd like a municipal—IM-1 in 11111 rrnnmcriee dhm has legal
fiduciary duces m you. ymh arefine da engage a maniclpal advisar'o serve ;n rha' capacity.
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
WORK SESSION
AGENDA TITLE:
Accessing Equity Capacity for Future Projects
Information about Master Lease Financing Program
and review of Request for Proposal (RFP)
STAFF CONTACT(S):
Ms. Van Der Hyde
AGENDA DATE:
11/28/2017
ACTION: ❑
CONSENT AGENDA: ❑
ROLL CALL VOTE: ❑
ITEM NUMBER:
5(f)
INFORMATION: ¢J
ATTACHMENTS:
1. E-mail from Chris Kulp
2. Master Lease Financing Program RFP
C7e5
SUMMARY:
The Finance Department has been tasked to determine financing options for various County projects
including economic development. After much research, it has been determined that the County's best option
is a Master Lease Financing Program that would be secured by real property owned by the County. The
County currently has an RFP issued to obtain sealed proposals from financing institutions that would be
interested in providing access to a capacity of funds up to $5 million that would be drawn over an
approximate 3-5 year time period primarily for capital investment in economic development. It is important
to note that even after the initial approval of this master lease program, each project must be approved by the
Board of Supervisors and the financing institution before any additional funds can be drawn. The County is
utilizing the Industrial Development Authority since these funds will be used to create a diverse economic
base that will ultimately expand the County's tax base while providing new employment opportunities for its
citizens. The county will be making an initial draw of these funds in the amount of $2.025 million at closing.
The projected uses for this initial draw include the purchase of an existing building to serve as a library in the
Mt. Hermon area ($475,000). In addition, a 12,000 sq. ft. industrial facility will be purchased and upfitted in
Ringgold, Virginia for a manufacturing company locating operations in Pittsylvania County($1,050,000).
Lastly, funds will be used for Landfill Equipment ($500,000). A more comprehensive description of a master
lease structure is attached that explains in more detail how this financing program is designed and how it
works.
FINANCIAL IMPACT AND FUNDING SOURCE:
The objective is to have these loans amoritized over a 10 -year repayment schedule. The County may consider
alternative financing proposals that may result in payment of a variable interest rate during the draw period
and terming out the loan at a fixed interest rate once all funds have been drawn. The interest rate for these
projects will vary depending on the nature of the projects being financed, the loan could either be tax-exempt
or taxable. We will know more once all proposals have been received.
RECOMMENDATION:
This report is provided for informational purposes only.
MOTION:
This item does not require a motion from the Board.
4350 N. Fairfax Dr. Suite 580 1 Arlington, VA 22203
From: Kulp, Chris mailto•ckulp hunton.com]
Sent: Wednesday, November 01, 2017 4:04 PM
To: Kim Van Der Hyde <Kim Vanderhyde pittgov or >
Staley,
Cc: Kulp, Chris <ekul ftunton.com>; Kevin Rotty <rottyk@afm com>; Kathryn Allen <allenkC@pt n com>%
Brendan <BStaleyC�hunton com>; J. Vaden Hunt Esquire
vaden hunt pittgov.org) <vaden hunt@PittRov org>
Subject: RE: Master Lease Program
Kim
Pursuant to your request to provide some background explanation on the master lease
structure that Danville recently put in place and that could be used for the
EDA/County, I don't have a ready-made explanation. But see if this helps. Hopefully,
it is not too long for your purposes.
*u' k+k�41r>4�tk'�.'+�dcualk�'; irir*
As background, the "Industrial Development and Revenue Bond Act" (Va Code
Sections 15.2.4900 et seq.) authorizes the EDA to undertake economic development
initiatives and to issue revenue bonds. Va Code Sections 15.2 -953, -1205 and -4905
provide authorization for localities to appropriate monies to their respective EDA and
to enter into financing arrangements to support the EDA's activities and debt.
With that background in mind, the recommended structure involves having the EDA
establish a master trust agreement structure under which it describes the types of
economic development projects that it will finance and the process to issue bonds from
time to time. Each financing would then be effected by the ERA's entering into a
supplemental trust agreement that provides the particulars for that financing -
whether bank deal or public offering, etc.
The security for the bondholders could involve a simple financing agreement between
the EDA and the County, by which the County BOS agrees, subject to antival
at�uro
_Y p tion, to pay the debt service on the related EDA bonds. Depending on the
project, the EDA would have the flexibility to pledge additional project revenue to pay
debt service (for example if the EDA itself were leasing the project to a private entity
and receiving rental income or selling property from which the EDA may receive some
sale proceeds).
It is likely, however, that the lending community may find that the County's moral
obligation/ subject to appropriation pledge, by itself, is not sufficiently attractive to be
able to provide a competitive interest rate for the financing. Hence, similar to the
Danville situation, the County could put up real estate collateral to help secure the
3
EDA's debt. The collateral security would likely be structured as a leasehold interest -
the EDA pledges (as security for the EDA bonds) the leasehold interest that the EDA
receives in certain real property from the County. This is accomplished by (1) the
County's entering into a prime lease to lease the property to the EDA, (2) the ERA's
leasing the property back to the County under a financing lease pursuant to which the
County agrees, subject to annual appropriation to make rental payments that would
be sufficient to cover the debt service payments on the related EDA bonds and (3) the
EDA's pledging and assigning its interests in the leased property to the bond trustee
for the benefit of the holders of the EDA bonds.
Under this leasehold structure, the fee simple ownership of the real estate collateral
would always reside with the County; the County would have given up only a
leasehold interest in the particular property. Thus, under the financing lease, the
County would still be able to occupy and use the leased property for its regular
purposes, and, only if the EDA defaults or the County has an event of non -
appropriation, could the bond trustee repossess the leased property, evict the County
from possession and sublease the property to another entity. But, again, in that
situation, the County would lose possession only for the term of the prime lease (i.e.
number of years), and the County would be able to recover the property once the lease
term ended (or earlier, if the EDA/County took action to remedy the default or non -
appropriation situation).
The value (insured or assessed value) of the real property to be offered up as collateral
and its "essentiality" would then determine the total aggregate financing amount that
the EDA could undertake with this structure. For example, if the County were to offer
a certain essential building valued at $50 million, then the first lender might be willing
to sign off on an aggregate amount of $40-60 million of parity bonds that could be
issued under the Master Trust Agreement structure secured by that same particular
collateral. The EDA and the County would then have in place a "master" structure
that would allow the issuance of up to that total dollar amount of
financing. Obviously, if the potential full amount of debt is not issued to the first
lender, then each subsequent lender would have to get comfortable with the credit and
the security. But at least the EDA and County would have put in place an overall
master financing structure with specific provisions under which future parity EDA
bonds could be issued, all secured by the same revenues and the leasehold interest in
the same real property, without having to seek consent from the first lender for each
subsequent issuance.
1 would anticipate that, given the likely economic development initiatives to be
undertaken by the EDA and the County, the working assumption for now is that the
4
EISA bonds would issued on a taxable basis since there is likely to be more than a "de
minimis " of private business use in how the bond proceeds are used. That is obviously
a facts and circumstances analysis that could change depending on the project and
particular use.
Let me know if you have any questions or would like to clarify any particular points.
-Chris
From: Kim Van Der Hyde [mailto:Kim.Vanderh dde(onittgov.orgI
Sent: Wednesday, November 01, 2017 2:48 PM
To: Kulp, Chris
Subject: Master Lease Program
Hi Chris,
I need your help this afternoon. I plan to talk to the Board about our interest in entering into a Master Lease Program
similar to the one that Danville has for financing future projects of the County. Mr. Smitherman, County Administrator,
recommended that I reach out to you to see if you can provide a brief explanation of what a Master Lease is -something
very short that would be easily understood by the media and the average citizen. This is all brand new to me so any help
you can provide would be greatly apprectiated.
Kim Van Der Hyde
Director of Finance
Finance
PffTSYLVA1\Ilt COUNTY
ViRCINIA
Tel. (434) 432-7742
Fax. (434) 432-7746
I Kim Vanderhvde(Z).nittgov.oLg
wrvw nittsyYvaniacotentvva.gov
i
I Center Street
P.O. Box 426
Chatham, VA
24531
Any e-mail or other correspondence sent to a member of the Board of Supervisors, or any other public official or employee of
Pittsylvania County, Virginia (the "County"), in the transaction of public business, is considered a public record. Public records are
subject to the Virginia Freedom of Information Act ("VA FOIA"). Virginia law requires the County to provide a copy of any such e-
mail, upon request, for inspection and copying to any citizen of the Commonwealth, or to any member of the news media, unless
lawfully exempted from production/disclosure under VA FOIA. If you have received this email or any attachments in error, please
notify the sender immediately at (434) 432-7700, and by reply email, and delete this email and any attachments to it from your inbox,
sent items, and deleted items. Thank you.
Industrial Development Authority of the
County of Pittsylvania, Virginia
MASTER LEASE FINANCING PROGRAM
REQUEST FOR PROPOSAL #20171109
DUE DATE & TIME: November 30,2017,3:00 PM
CONTACT:
Connie Gibson
co r nie.LibsonkPittgov.or2
(434)432-7744
Industrial Development Authority of the County of Pittsylvania, Virginia
RFP # 20171109
Issue date: November 9, 2017
Request for Proposal for a Master Lease Financing Program for Economic Development Projects
General Instructions to Offers
DUE DATE: Sealed Proposals will be received until November 30, 2017, no later than 3:OOP.M.
Proposals not so marked or sealed shall be returned to the offeror and will not be considered. Proposals
shall clearly indicate the legal name, address and telephone number of the offeror (company, firm, and
partnership, individual). The offeror has the sole responsibility to have the proposal received by the
Pittsylvania County Purchasing Department at the below address and by the above stated time and date.
One (1) copy of proposals shall be submitted to:
Pittsylvania County Purchasing Department
ATT: Connie Gibson
1 Center Street, Chatham, VA 24531.
Reference the Due Date and Hour, and RFP number in the lower left comer of the return envelope or
package.
In addition to the hard copy, please also submit one electronic copy to Connie Gibson.
All questions regarding this RFP must be made in writing. The written questions must be received by the
County no later than 2:00 p.m., Friday, November 17, 2017.
All questions shall be directed to:
Connie Gibson
Procurement Manager
Pittsylvania County
P.O. Box 426
Chatham, VA 24531
Tel: (434) 432-7744
Email: Connie eibsonPpitteov org
The County will address all questions and will post the responses on the County's website at
his://pittsylvaniacountyvva gov/143/Bids-RFPs by November 20, 2017 at 3:00 p.m. It is the bank's
responsibility to retrieve these responses from the County's website. The County will not issue an
addendum.
This procurement shall be conducted in accordance with the competitive negotiation procedures of the
Virginia Public Procurement Act — Section 2.2- 4302.2
This public body does not discriminate against faith -based organizations in accordance with the Code of
Virginia of 1950, § 2.2-4343.1, as amended, or against a bidder or offeror because of race, religion, color,
sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in
employment.
1 Proiect Overview
The Industrial Development Authority of the County of Pittsylvania, Virginia (the "IDA") is tasked
with creating a diverse economic base by the aggressive recruitment, expansion and retention of
businesses, industries and tourism, thus expanding the tax base and capital investment in Pittsylvania
County (the "County") and providing new employment opportunities for its citizens. To further this
mission, the IDA is now seeking a financing arrangement to provide funding for certain economic
development related initiatives. The IDA is seeking capacityfor up to $5 million; however, all of the
funds would not be drawn initially. The IDA is seeking a draw period for up to three to five years or
the $5 million limit. The IDA expects the first draw to be for $2.025 million at closing. The
projected uses of the money include the purchase of an existing building to serve as a library in the
Mt. Hermon area ($475,000). In addition, a 12,000 sq. ft. industrial facility will be purchased and up -
fitted in Ringgold, Virginia for a manufacturing company locating operations in Pittsylvania County
($1,050,000). Lastly, funds will be used for Landfill Equipment ($500,000).
Due to the uncertainty of timing and costs, the IDA is looking for a financing arrangement with
considerable flexibility as to funding draws and repayment. The County and the IDA have tentatively
determined to enter a master lease financing arrangement providing for the issuance of a lease
revenue bond by the IDA (the "Bond"), which will be payable from certain rental payments received
from the County and further secured by a leasehold interest in certain County real property. The
Bond will be issued pursuant to the terms of a master trust agreement and a supplemental trust
agreement entered into by the IDA and a corporate trustee. The IDA will loan the proceeds of the
Bond to the County pursuant to the terms of a lease/lease-back financing arrangement, as evidenced
by a prime lease and a financing lease between the County and the IDA. The County's lease
payments will be structured to match the debt service on the Bond. The IDA will assign to the trustee
(for the benefit of the bondholder) certain of the IDA's interest in the prime lease and financing lease
(including the 1DA's rights to receive lease payments from the County). The County's undertaking to
make the lease payments will be subject to annual appropriation by the County Board of Supervisors
and will not constitute a pledge of the full faith and credit of the Commonwealth or of any of its
political subdivisions, including the County and the IDA. Pursuant to the master trust agreement, the
Bond will be secured by one or more pieces of real property owned by the County.
However, the IDA and the County are willing to consider alternative financing proposals that will
meet their needs and serve their best interests. For example, one potential alternative financing
arrangement could include payment of a variable interest rate during the draw period and then
terming -out the loan at a fixed interest rate once all funds have been drawn.
it. Fittancint➢
Borrower: The Industrial Development Authority of the County of Pittsylvania, Virginia (the
"IDA")
Bond Amount: Up to $5,000,000.00
Purpose: The IDA desires a financing vehicle that will provide funding for a variety of
economic development related capital needs.
Security: The Bond will be secured by an assignment to the trustee of certain of the IDA's
rights under (a) a prime lease between the County and the IDA and (b) a financing
lease between the IDA and the County. The lease payments will be structured to
pay debt service on the Bond, subject to and contingent upon the annual
appropriation of funds therefor, by the County Board of Supervisors.
The real property assets comprising the leased collateral will be determined
following the issuance of this RFP and with the input of the winning bidder. It is
expected that the IDA, at the request of the County, will have the ability under the
master trust agreement to issue additional new money bonds and refunding bonds
that will be secured on a parity with the Bond. Please specify any additional
collateral requirements for the Bond as well as any limitations on the issuance of
additional debt secured by the same leased collateral.
In the event an alternative financing structure is agreed upon, the County and the
IDA will enter into a support agreement pursuant to which the County will agree,
subject to annual appropriation, to make payments sufficient to cover the principal
of and interest on the related Bond in a timely manner.
Tax Status: Depending upon the nature of the projects being financed, the loan could be either
tax-exempt or taxable.
Interest Rate: The County is interested in fixed rate financing proposals, but will consider various
alternatives, including variable rate proposals during the draw period. Please provide
both tax-exempt and taxable rates or indices.
Amortization: Desired term of 10 years with approximately level annual payments. Final maturity
would be no later than January 1, 2030.
Bond Counsel: The County's Bond Counsel (Hunton & Williams LLP) will provide an opinion on
behalf of the County with respect to the financing.
Conflict Waver: Houton & Williams LLP has been engaged to serve as bond counsel to the IDA and
the County for purposes of this financing. By submitting its proposal, each bidder
represents that it understands the role of Houton & Williams LLP, and that, if the
bidder is selected as the winning bidder, the bidder will have agreed to waive any
potential conflict of interest that the involvement of Human & Williams LLP might
present to such bidder in connection with this financing.
Repayment Provisions: The County desires interest payments on the outstanding principal balance to be
calculated based on a 30/360 day -count basis and paid semi-annually on January 1
and July 1.
Prepayment: The County will consider various prepayment options but desires prepayment
flexibility at the lowest cost.
Closing: The County expects that closing and the transfer of funds will occur by the end of
calendar year 2017.
III Prouosal Submission
All proposals submitted shall be valid for a minimum of thirty (30) days following commencement of
vendor questions. All proposals submitted shall become the property of the IDA.
Acceptance or Rejection of Proposal.
The IDA reserves the tight to reject any and all proposals received in this request. The IDA is not
obligated to award a contract solely on the basis of this request and reserves the right to request
clarification of information submitted and to request additional information of all offerors.
Proposal Requirements.
The proposal must be in writing. It is preferred that a bidder's proposal not be subject to further credit or
underwriting approval. No response may be modified by the bidder after it has been submitted.
(a) Proposals should include: the name, address, e-mail address and telephone number of your
institution; the primary contact; and identity of legal counsel, if any.
(b) Proposals must be accompanied with a list of all requirements and conditions associated with its
proposal. Please note the value and nature of County collateral your bank will require to lend $5
million.
(c) Proposals must indicate the interest rate or rates (or indices) for the term of the financing.
(d) Proposals must provide full disclosure of all financing costs, including any closing or legal costs.
(e) Prepayment provisions (including any penalty or other fee requirements) should be set forth in the
proposal.
Alternate Structure.
A bidder may also propose an alternate financing structure to achieve the purposes outlined herein including
other forms of tax credit or tax-exempt bonds or acquisition, use and security agreements.
IV. Evaluation and Selection
These criteria are to be utilized in the evaluation of qualifications for the development of a short list of
those offerors to be considered for interviews and/or potential negotiations. Individual criteria may in all
probability be assigned varying weights at the IDA's discretion, to reflect relative importance. Offerors
are required to address each evaluation criteria in the order listed, and to be specific in presenting their
qualifications.
• Interest Rate proposed (40 points)
• Ability to meet the County and IDA's needs (40 points)
• Fees and closing costs of offeror (5 points)
• Completeness and quality of proposal (15 points)
The IDA may, if deemed necessary, ask for interviews with all or several of the firms submitting
proposals.
Selection Procedure and Award
Selection may be made of two or more offerors deemed to be fully qualified and best suited among those
submitting proposals, on the basis of the factors involved in the Request for Proposal, including price if so
stated in the Request for Proposal. The IDA staff and Board, in consultation with the County, will
determine which bank proposal offers the IDA the financing at the lowest cost to the IDA and County,
taking into consideration terms, conditions and costs of issuance to be paid by the IDA. Negotiations shall
then be conducted by County staff with each of the offerors so selected. Price shall be considered, but
need not be the sole or primary determining factor. After negotiations have been conducted with each
offeror so selected, the IDA staff will make a recommendation to the County Board of Supervisors and
the IDA Board, which shall make the final selection of the offeror that, in its opinion, has made the best
proposal and provides the best value, and shall award the contract to that offeror. When the terms and
conditions of multiple awards are so provided in the Request for Proposal, awards may be made to more
than one offeror. Should the IDA or County Board of Supervisors determine in writing and in its sole
discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than
the others under consideration, a contract may be negotiated and awarded to that offeror.
Basis for Award
information and/or factors gathered during interviews, negotiations and any reference checks, in addition
to the evaluation criteria stated in the RFP, and other information or factors deemed relevant by the IDA,
shall be utilized in the final award.
GENERAL TERMS AND CONDITIONS:
County's General Terms and Conditions are included in all Requests for Proposals.
Certain clauses and conditions may not be applicable for this particular Request for
Proposal.
A. Acceptance Invoicing and Payment
Nothing herein, or in the process, shall be construed as having obligated the County to pay for any
expenses incurred by respondents to this RFP, or to the selected consultant prior to the Board of
Supervisors' approval of a consultant services contract.
Pursuant to § 2.24343 of the Code of Virginia of 1950, as amended, the winning bidder (hereafter
referred to as "Consultant" as applicable) covenants and agrees to:
j. Within seven (7) days after receipt of any amounts paid to the CONSULTANT under the
Agreement, (i) pay any subconsultant for its proportionate share of the total payment
received from the COUNTY attributable to the work under the Contract performed by
such subconsultant, or (ii) notify the COUNTY and the subconsultant, in writing, of its
intention to withheld all or part of the subconsultant's payment and the reason therefore;
2. Provide its federal employer identification number or social security number, as
applicable, before any payment is made to the CONSULTANT under the Agreement;
3. Pay interest at the legal rate or such other rate as may be agreed to in writing by the
subconsultant and the CONSULTANT on all amounts owed by the CONSULTANT that
remain unpaid after seven (7) days following receipt by the CONSULTANT of payment
from the COUNTY for work performed by the subconsultant under the Agreement; and
4. Include in its contracts with any and all subconsultants the requirements of 1, 2, and 3
above.
B. Attorney's Fees
In the event of any action brought by either party against the other to enforce any of the obligations
hereunder or arising out of any dispute concerning the terms and conditions hereby created, each party
shall pay their own attorney's fees, costs and expenses, except in a case of default by the Consultant, the
Consultant shall be responsible for any resulting additional purchase and administrative costs including,
but not limited to fees and charges of engineers, architects, attorneys, and other professionals and all court
or other dispute resolution costs.
C. Audit
Consultant shall keep and require each of its subconsultants, if any, to keep, at no additional cost to
County, full and detailed accounts of costs chargeable to County, during the project, and for five (5) years
following completion. County shall be afforded full access to accounts, records, and supporting
documents for review, audit, copy (such copies will be the property of County), and verification of costs.
Audit access to Consultant's records in lump sum or unit price areas when applicable shall be sufficient to
satisfy County that all quantities meet the payments to its subconsultant and suppliers, Consultant shall
remit promptly to County the amount of any adjustment resulting from audit.
D. Availability of Funds/Non-Appropriation Clause
It is understood and agreed between the parties herein that the County shall be bound hereunder only to
the extent of the funds available or which may hereafter become available for the purpose of the
Financing Lease. Notwithstanding any other provision in the Financing Lease, 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 the Financing Lease, which become due and payable
during such fiscal year, then the Financing Lease and all the obligations of the County thereunder shall
automatically terminate at the end of the fiscal year in which non -appropriation occurs. The County
agrees to use its reasonable efforts to obtain any necessary funding contemplated by the Financing Lease,
on an annual basis.
E. Binding Effect
The terms, provisions, covenants and conditions contained in any resulting Financing Lease shall apply
to, insure to the benefit of, and be binding upon the parties hereto and upon their respective heirs, legal
representatives, successors, and permitted assigns except as otherwise expressly provided.
F. Compliance of Law
The Consultant providing materials and services to the County under any contract resulting from this RFP
represents and warrants to the County that it is:
1. Conforming to the provisions of the Civil Rights Act of 1964, as amended, the Virginia
Fair Employment Contracting Act of 1975, as amended, and the Virginia Human Rights
Act, as amended, where applicable.
2. Not employing illegal alien workers or otherwise violating the provisions of the
Immigration Reform and Control Act of 1986 and Virginia Code §2.2-4311.1.
3. Complying with federal, state and local laws and regulation applicable to the
performance of the services procured; and
4. In full compliance with the Virginia Conflict of Interest Act.
G. Contract Award
Pittsylvania County has the right to award a contract to more than one Offeror, if it is in the County's best
interest to provide adequate services in accordance with the criteria found in the Scope of Services.
Should Pittsylvania County determine in writing and in its sole discretion that only one offeror is fully
qualified, or that one offeror is clearly more highly qualified and suitable than the others under
consideration, a contract may be negotiated and awarded to that offeror. Pittsylvania County reserves the
right to award the Financing Lease to the most qualified, responsible, and responsive offeror(s), resulting
in a negotiated agreement, which is most advantageous to and in the best interest of Pittsylvania County.
Pittsylvania County shall be the sole judge of the Proposal and the resulting negotiated agreement that is
in the public interest, and Pittsylvania County's decision shall be final.
H. Contract Chanties
No verbal agreement or conversation with any officer, agent or employee of Pittsylvania County either
before or after execution of the Financing Lease resulting from this Request for Proposal (RFP), RFP
Addendum or follow-up negotiations, shall effect or modify any of the terms or obligations contained in
the contract. No alterations to the terms and conditions of the contract shall be valid or binding upon
Pittsylvania County unless made in writing and where Board approval is not required, by the County
Administrator or his designee
I. Finanein¢ Documents
The contract entered into by Pittsylvania County and the offeror shall consist of this Request For
Proposal, any addendum issued, the proposal submitted by the Consultant, Pittsylvania County's Standard
Form of Agreement, and any approved change orders issued, all of which shall be referred to collectively
as the Financing Documents. Additional documents which the parties agree to include as contract
documents may be set forth in the final contract.
J. Definitions:
1. County:
Wherever the word "County" appears, it shall be understood to mean
Pittsylvania County Government.
2. Offeror:
A person who makes an offer in response to a Request for Proposals.
3. Informality:
A minor defect or variation in a bid or proposal from the exact requirements of the Invitation for Bid, or
this Request for Proposal, which does not affect the price, quality, quantity, or delivery schedule for the
goods, services or construction being procured.
K. Drug Free Workplace
During the performance of this contract, the Consultant agrees to (i) provide a drug-free workplace for the
Consultant's employees; (ii) post in conspicuous places, available to employees and applicants for
employment, a statement notifying employees that the unlawful manufacture, sale, distribution,
dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Consultant's
workplace and specifying the actions that will be taken against employees for violations of such
prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the
Consultant that the Consultant maintains a drug-free workplace; and (iv) include the provisions of the
foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be
binding upon each subconsultant or vendor.
For the purposes of this section, "drug-free workplace" means any site at which the performance of work
is done in connection with this contract awarded to the Consultant, the employees of whom are prohibited
from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any
controlled substance or marijuana during the performance of the contract.
L. Ethics in Public Contracting
The Offeror hereby certifies that it has familiarized itself with Article 6 of Title 2.2 of the Virginia Public
Procurement Act, Virginia Code Sections 2.24367 through 2.21377, and that all amounts received by it,
pursuant to a Contract resulting from this RFP, are proper and in accordance therewith. By submitting
their proposals, Offerors certify that their proposals are made without collusion or fraud that they have not
offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer or
subconsultant in connection with their proposal, and that they have not conferred on any public employee
having official responsibility for this procurement transaction any payment, loan, subscription, advance,
deposit of money, services or anything of more than nominal value, present or promised, unless
consideration of substantially equal or greater value was exchanged.
M. Examination of Records
The Consultant agrees that Pittsylvania County or any duly authorized representative shall have access to
and the right to examine any and copy any directly pertinent books, documents, papers and records of the
Consultant involving transactions related to any contract resulting from this RFP. The period of access
provided in this paragraph for records, books, documents, and papers and software which may be related
to any arbitration, litigation, or the settlement of claims arising out of the performance of any subsequent
contract or any subsequent contracts with vendors shall continue until disposition of any appeals,
arbitration, litigation, or claims. Consultants agrees to keep all records in accordance with the state and
local retention laws including but not limited to Virginia Code § 55-525.27.
N. Faith -Based Organizations
Pursuant to Section 2.2-4343.1 of the Code of Virginia of 1950, as amended, in all invitations to bid,
requests for proposals, contracts, and purchase orders, the COUNTY does not discriminate against faith -
based organizations "Faith -based Organization" means a religious organization that is or applies to be a
Consultant to provide goods or services for programs funded by the block grant provided pursuant to the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193. If
CONSULTANT is a faith -based organization, then Consultant shall give to each individual who applies
for or receives goods, services, or disbursements provided pursuant to this Agreement the following
notice:
NOTICE
Pursuant to Section 2.2-4343.1 of the Code of Virginia of 1950, as amended, as an applicant for or
recipient of goods, services, or disbursements provided pursuant to a contract between the COUNTY and
a faith -based organization, you are hereby notified as follows:
Neither the COUNTY'S selection of a charitable or faith -based provider of services nor the expenditure
of funds under this contract is an endorsement of the provider's charitable or religious character,
practices, or expression. No provider of services may discriminate against you on the basis of religion, a
religious belief, or your refusal to actively participate in a religious practice. If you object to a particular
provider because of its religious character, you may request assignment to a different provider. If you
believe that your rights have been violated, please discuss the complaint with your provider or notify the
County Administrator.
O. Federal -Aid Provisions
When the U. S. Government pays all or any portion of the cost of a project, the Consultant shall observe
all federal laws, rules, and regulations made pursuant to such laws. The work shall be subject to
inspection by the appropriate federal agency. Such inspection shall in no sense make the federal
government a party of the contract and will in no way interfere with the rights of either party. Consultant
shall require all subconsultants to observe all federal laws, rules, and regulations made pursuant to such
laws. Reporting requirements that is part of the regulation shall be followed in accordance with the
federal law, rules and/or regulation made pursuant to such laws. A Duns number will be provided by the
Consultant and registration with the Central Consultant Registration (CCR) shall be followed according to
the federal aid provisions.
P. Freedom of Information
All information submitted to the County in response to this RFP will constitute public information and
pursuant to the Virginia Freedom of Information Act will be available to the public for inspection upon
request. Pursuant to Virginia Code §2.2-4342, a Bidder/Offeror may request an exception to disclosure
for trade secrets or proprietary information as such is defined under Virginia Code § 59.1-336, part of the
Uniform Trade Secrets Act, In order to claim this exemption, a Bidder/Offeror must: (1) Submit a request
in writing referencing their desire to invoke the protections of Virginia Code § 2.24342; (2) Specifically
identify which data or materials they wish to have protected; and (3) Articulate the rationale for why
protection is necessary for the particular data or materials, to the satisfaction of the County. Failure to
meet these requirements will result in the data or materials being open for inspection in response to a
valid inquiry tinder the Virginia Freedom of Information Act and serve to waive any right of the
Bidder/Offeror to assert a claim against the County for disclosure of trade secrets or proprietary
information.
R. Force Maieure
In any contract resulting from this RFP, neither party shall be liable hereunder by reason of any failure
or delay in the performance of its obligations thereunder (except for the payment of money) on account
of strikes, industry wide material shortages, riots, insurrection, fires, flood, storm, explosions,
earthquakes, pandemic flu, acts of God, war, governmental action, and labor conditions. In the case
of an industry wide material shortage the Consultants shall provide to the County within 24 hours of
Consultant's determination that there exists an industry wide material shortage, the following; 1) a
written description of the specific material alleged to be in short supply; 2) a written list of all
manufacturers, wholesalers, suppliers and/or retailers from which Consultant has attempted to obtain,
and/or contracted to obtain, said material; 3) a written description detailing all actions taken by Consultant
to obtain said materials; 4) a written statement, signed by an authorized representative of Consultant, that
Consultant has used due diligence to secure said materials in the most expeditious manner; 5) a written
time frame in which Consultant anticipates that it will obtain said materials and; 6) the County, or its
authorized representative, concurs that there is an industry wide shortage of the specific material so
identified by Consultant.
S. Grant Funds Provision
When a project is funded in part or all by grant funds, the Consultant shall observe all rules and
regulations according to the grant fund award documentation. Consultant has the responsibility to comply
with all grant fund reporting requirements and any or all award documentation terms and conditions.
T. Governing Law
In any contract resulting from this RFP, the parties agree that the lease is governed by and shall be
interpreted in accordance with the Pittsylvania County Procurement Policy and the laws of the
Commonwealth of Virginia, the Virginia Public Procurement Act, and that proper venue, in the event of
litigation concerning this matter, shall be in the Circuit Court of Pittsylvania County, Virginia. The
parties agree that any litigation involving the lease shall be brought only in such court.
U. Headings
Headings in the RFP and any resulting contract are informational only and the substance of each
numbered or lettered provision shall prevail in the event of any ambiguity or inconsistency between a
heading and its content.
V. Insurance
During the performance of any Contract resulting from this RFP, the Consultant shall have and keep
current insurance whichever is greater in scope or amount as follows:
a. Worker's Compensation Insurance in compliance with all states in which Consultant does
business, including coverage B Employer's liabilities in not less than the following
amounts:
i. Bodily Injury by accident $100,000 for each accident;
ii. Bodily Injury by disease, $500,000 policy limit;
iii. Bodily Injury by disease, $100,000 for each employee.
b. General Liability insurance in amount not less than $1,000,000 for any occurrence
involving bodily injury, and not less than $1,000,000 for any occurrence involving
property damage. This coverage shall include contractual liability, broad form property
damage, independent Consultants, and personal injury.
c. Automobile liability insurance in an amount not less than $500,000 combined single limit
bodily injury and property damage. This coverage shall include liability for the use of
hired and non -owned apparatus.
d. Professional Liability Insurance in an amount not less than $2,000,000 per occurrence
and $6,000,000 in the aggregate. The amount of coverage may increase according to the
project value.
The General Liability and Automobile Liability insurance policies specified herein shall name
Pittsylvania County as additional insured with regard to work performed under any contract resulting
from this IFB. The Consultant shall provide Pittsylvania County with copies of certificates of insurance
coverage and proof of payment of all premiums. These certificates shall have provisions for notifying
Pittsylvania County if there is anv change in liability insurance.
W. Interuretation
Words of any gender used in any Contract resulting from this RFP shall be held and construed to include
any other gender, and words in the singular number shall be held to include the plural, and vice versa,
unless the context otherwise requires.
X. Non-Collnsiori
The party making the foregoing proposal hereby certifies that such proposal is genuine and not collusive
or sham; that said offeror has not colluded, conspired, connived or agreed, directly or indirectly, with any
offeror or person, to put in a sham proposal or to refrain from offering, and has not in any manner,
directly or indirectly, sought by agreement or collusion, or communication or conference, with any person
to fix the proposal price or affiant or of any proposal, or to fix any overhead, profit or cost element of said
proposal price, or of that of any other offeror, or to secure any advantage against the County or any
person interested in the proposed contract; and that all statements in said proposal are true.
Y. Non -Discrimination
Any contract resulting from this RFP and every contract, subcontract, or purchase order there under shall
include the following provisions according to Virginia Code Section 2.2-4311:
During the performance of a contract, the Consultant agrees as follows:
a. The Consultant will not discriminate against any employee or applicant for employment
because of race, religion, color, sex, age, or national origin, except where religion, sex or
national origin is a bona fide occupational qualification reasonably necessary to the
normal operation of the Consultant. The Consultant agrees to post in conspicuous places,
available to employees and applicant for employment, notices setting forth non-
discrimination clause.
b. The Consultant, in all solicitations or advertisements for employees placed by or on
behalf of the Consultant, will state that such Consultant is an equal opportunity employer.
c. Notices, advertisements, and solicitations placed in accordance with federal law, rule or
regulation shall be deemed sufficient for the purpose of meeting the requirement.
The Consultant will include the provisions in the foregoing paragraphs a, b, and c in every contract,
subcontract, or purchase order of over $10,000, so that the provisions will be binding upon each
subconsultant or vendor associated with Pittsylvania County.
Z. Partial Invalid
Neither any payment for, nor acceptance of, the whole or any part of the services by Pittsylvania County,
nor any extension of time, shall operate as a waiver of any provision of any Contract resulting from this
RFP, nor of any power herein reserved to Pittsylvania County, or any right to damages herein provided,
nor shall any waiver of any breach of any Contract be held to be a waiver of any other or subsequent
breach. Failure of Pittsylvania County to require compliance with any term or condition of any Contract
shall not be deemed a waiver of such term or condition or a waiver of the subsequent enforcement
thereof.
AA. Proposal Withdrawal
Any Proposal may be withdrawn up until the time set above for the opening of the Proposal. Any
Proposals not so withdrawn shall constitute an irrevocable offer for a period of 30 days.
BB. RFP Proposal and Clarification
Pittsylvania County reserves the right to request clarification of information submitted and to request
additional information of one or more offerors. Each offeror shall examine the Request for Proposal
documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any
inquiries, suggestions or requests concerning interpretation, clarification or additional information
pertaining to the Request for Proposal shall be made in writing to Pittsylvania County's Purchasing
Manager. Pittsylvania County shall not be responsible for oral interpretations given by any employee,
representative, or others. The issuance of a written addendum signed by Pittsylvania County's Purchasing
Manager is the only official method whereby interpretation, clarification, or additional information can be
given. Pittsylvania County will provide electronically or by mail to all official RFP holders any addenda,
which are issued to this Request for Proposal. Official RFP holders are those who obtain an RFP from
the Pittsylvania County Purchasing Manager.
CC. Release and Ownership of Information
Pittsylvania County shall make a good faith effort to identify and make available to the Consultant all
non -confidential technical and administrative data in Pittsylvania County's possession which Pittsylvania
County may lawfully release including, but not limited to contract specifications, drawings,
correspondence, and other information specified and required by the Consultant and relating to its work
under this Contract. Pittsylvania County reserves its rights of ownership to all material given to the
Consultant by Pittsylvania County and to all background information, documents, and computer software
and documentation developed by the Consultant in performing any Contract resulting from this RFP.
No reports, information or data given to or prepared by the Consultant under the resulting Contract shall
be made available to any individual or organization by the Consultant without the prior written approval
of Pittsylvania County, which approval Pittsylvania County shall be under no obligation to grant.
As may be allowed by law, any information, ideas, or concepts that the County receives during the
procurement process from any offeror's written proposal, any discussion or interview with the offeror or
as a result of any portion of the procurement process for the services described in this Request for
Proposal shall become the property of Pittsylvania County. Pittsylvania County may use this information
for any purpose without compensation to the offeror from whom the information was received.
DD. Rei lm and Responsibilities of Consultant
The Consultant shall indemnify, defend and hold harmless the County and its representatives from any
and all claims, suits and actions for injury or damage sustained by any person or property from any act or
omission by Consultant and/or its Consultants or employees, or anyone else for who Consultant is or may
be responsible. This section shall survive the termination the Lease.
The Consultant in any contract resulting from this RFP shall pay all royalties and license fees necessary
for performance of the contract. The Consultant shall defend all suits or claims for infringement of any
patent rights or any other proprietary rights arising from or related to performance of the resulting
contract and shall save Pittsylvania County harmless from any and all loss, including reasonable
attorneys' fees, on account thereof.
EE. Sub Consultants and Assignments
The Consultant shall not sublet or assign or transfer any interest in this Contract or any portion thereof
without the prior written consent of Pittsylvania County of which Pittsylvania County shall be under no
obligation to grant. In seeking consent for any subcontract or assignment, the Consultant shall furnish all
information required by Pittsylvania County to permit Pittsylvania County to ascertain the qualifications
of the proposed subconsultant to perform the work, and the Consultant shall submit a copy of the
subconsultant to Pittsylvania County for approval. The subconsultant shall incorporate by reference all
provisions and conditions of the Contract resulting from this RFP.
Pittsylvania County's approval of a subconsultant shall not relieve the Consultant of any of its
responsibilities, duties or liabilities hereunder. The Consultant shall continue to be responsible o shall be
Pittsylvania County for performance of the subconsultant and the subconsultant, for all purposes,
deemed to be an agent or employee of the Consultant. Nothing in the Contract resulting from this RFP or
any subcontract shall create any contractual relationship between any subconsultant and Pittsylvania
County.
FF. Tax Exemption
The County of Pittsylvania as a public body of the Commonwealth of Virginia, is exempt from any
Federal excise tax and Virginia sales and use tax for purchases made by the County.
Termination
Pittsylvania County shall have the right to terminate at Pittsylvania County's convenience, with or
without cause, any Contract resulting from this RFP by specifying the date of termination in a written
notice. In this event, the Consultant shall be entitled to just and equitable compensation for any
satisfactory work completed. All work produced, and data collected shall become the property of
Pittsylvania County.
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
WORK SESSION
AGENDA TITLE:
Courthouse Chiller Replacement
Request for Authorization to Develop RFP for the
Replacement of the 135 Ton Chiller for the
Courthouse
STAFF CONTACT(S):
Mr. Hicks
SUMMARY:
AGENDA DATE:
11-28-2017
ACTION: ❑
CONSENT AGENDA: ❑
ROLL CALL VOTE: ❑
ATTACHMENTS:
None
ITEM NUMBER:
5(g)
INFORMATION: 0
P -T
As the cooling season ended this fall, we began experiencing problems with the 135 ton chiller for the
courthouse. Several leaks were detected in the system and repairs were unable to fix the problems. Several
additional attempts were made to repair the unit. The unit will not hold a charge and will not be useable for
the 2018 cooling season. This unit was installed in 1991. This unit services the newest portion of the
courthouse complex. To develop a set of specifications for a new unit, advertise for bids, award the bids,
order the unit and install the unit, we estimate it will take at least 3-4 months, which will put us close to the
cooling season. The estimated cost for replacement is $250,000. As you will recall, we replaced the 65 ton
unit a couple of years ago.
FINANCIAL IMPACT AND FUNDING SOURCE:
No funds are currently in the FY 17/18 budget. Funding will likely come from unappropriated fund balance.
RECOMMENDATION:
Authorize Staff to proceed with the development of an RFP for the replacement of the unit.
MOTION:
Any action on this item will take place at the Board's 7:00pm Business Meeting.
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
WORK SESSION
AGENDA TITLE:
Taxes Due Date
SUBJECT/PROPOSAL/REOUEST:
Change the due date for tax collection from June 5th
and December 5th to June 10th and December 10th
STAFF CONTACT(S):
Vincent Shorter
AGENDA DATE:
11/28/2017
ACTION: ❑
CONSENT AGENDA: ❑
ROLL CALL VOTE: ❑
ATTACHMENTS:
Click here to enter text.
REVIEWED BY: 0�4.$
6(a)
.I
SUMMARY:
The Treasurer's Office recommends that the County Code be amended to reflect the due dates for tax
collection be changed to June 10th and December 10th of each year. Extending the deadline by 5 days will
greatly benefit the operations of the Treasurer's Office and will benefit the citizens we serve. There are
multiple issues associated with the due date within 5 days of the end and beginning of a month. At the end of
each month we have significantly increased traffic flow in the office from customers addressing their needs
associated with the DMV stop program. These transactions are typically more time consuming than the
average tax payment transaction and causes wait times and the length of the line for tax payments to increase.
We also have software limitations on the last day of the month due to month end balancing. Each of the
transactions we conduct while month end balancing is occurring must be repeated after the balancing process
is complete. The first of the month also presents challenges with the due date only 5 days away. We also
have an increased volume of traffic on the first of each month associated with the DMV stop program from
citizens that did not resolve all of their issues on the last day of the month. The first few days of the month
are also the time in which many people receive their income. Having the due date only 5 days from this time
places these citizens in a small window with many others that desire to pay on or near the last day. This issue
is further compounded during most collection cycles when there is a weekend between the first day of the
month and the fifth day of the month. We lose 2 calendar days of collection and this amplifies all of the
above mentioned issues.
FINANCIAL IMPACT AND FUNDING SOURCE:
None
RECOMMENDATION:
The Treasurer recommends that the County Code be amended to reflect a change of the tax due dates be
changed to June 10th and December 10th effective for tax year 2018.
MOTION:
At this time, for the Board's review and consideration for future action.
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
WORK SESSION
AGENDA TITLE:
2018-2019 CEDS List
2018-2019 Regional Comprehensive Economic
Development Strategy (CEDS) List
STAFF CONTACT(S):
Mr. Sides
AGENDA DATE:
11-28-2017
ACTION: ❑
CONSENT AGENDA: ❑
ROLL CALL VOTE: ❑
7(b)
INFORMATION: H
ATTACHMENTS:
WPEDD Memorandum dated 10-2-2017
REVIEWED BY: P-5
SUMMARY:
Each year Pittsylvania County works with the West Piedmont Planning District Commission in developing a
list of projects to be included in the regional Comprehensive Economic Development Strategy. Attached is
the current 2017/2018 CEDS List. Staff is working on updates to the list for 2018/2019. Please review the
current list and offer any comments about potential additions or deletions to Mr. Rowe or Mr. Sides. Also let
us know if there are any questions regarding a project (s) on the list.
Mr. Sides will appear before the Board at their December 19, 2017 Business Meeting requesting approval,
including a Letter of Support, on the 2018/2019 CEDS List.
FINANCIAL IMPACT AND FUNDING SOURCE:
N/A
Staff submits this for the Board's review and consideration.
MOTION:
None at this time.
WEST PIEDMONT ECONOMIC DEVELOPMENT DISTRICT
P.O. Box 5268 - Martinsville, VA 24115-5268
Telephone: 276-638-3987 Fax 276-638-8137 Email: Imanning(a)wppdc.org
October 2, 2017
MEMORANDUM
TO: County Administrators, Counties of Franklin, Henry, Patrick, and Pittsylvania
City Managers, Cities of Danville and Martinsville
Manager, Town of Rocky Mount
FROM: Leah Manning, Regional Economic Development Planner
RE: Year 2018 Regional Comprehensive Economic Development Strategy
Work on the 2018 CEDS update is underway. Once again, our CEDS timetable is March 31, 2018, to align
with our planning grant. One of the first steps will be for all localities to begin planning and compiling their
list of prioritized projects. A listing of the projects for the current CEDS is attached, along with blank forms
on which to prepare your list for next year (April 1, 2018 - March 31, 2019) to coincide with this schedule. If
additional pages are needed, please make extra copies of the enclosed sheets.
To get the process started, we request that you and your staff carefully review the attached current project
list to see if projects need to be added or deleted. Then, we ask that you update your list and indicate
whether the projects are Priority I, II, and III projects, as well as an indication of Type I, II, III, IV, and V
projects. Since the spreadsheet is already at a maximum for space, please combine the Project Type with
the Project Priority column (see template included on separate tab within the file). Please note that, as with
the previous CEDS updates, we are incorporating EDA Project Types as part of the project information
since EDA requested that we provide a more detailed breakdown with regard to project priorities. Since
2011, the CEDS Committee decided to implement this methodology for the document. A guideline for the
Project Types is also included for your convenience.
In order to keep the CEDS development on track with the current schedule, we need your completed
oroiect list. alona with a letter of endorsement from vour localitv (sample form letter enclosed) no
later than Friday. December 29, 2017. We realize this is some time away; however, we want to make
sure you have adequate time for planning since EDA will not consider funding projects not included on this
list. In addition to EDA -eligible projects, please include CDBG, Rural Development, Appalachian Regional
Commission, VDOT/Smart Scale grants, and any other grants or projects for which your jurisdiction plans to
apply for funding during the period from April 1, 2018 - March 31, 2019. We also encourage localities to
work toaether on reaional proiects for inclusion on the list and as potential GO Virainia
opportunities.
With regard to Priority I projects, please remember, if you are invited to submit an EDA preapplication/grant
proposal, you will need a Preliminary Engineering Report and detailed project information. EDA sometimes
invites Priority II and III projects as well as Priority I projects if the project planning progresses.
If you have questions or need assistance, please let me know. Please remember that a project must be
included on the project list to be eligible for EDA funding. If you have a grant underway at this time,
be sure to include it on the list for next year in case there is a carryover to the next year by EDA for
some reason. Therefore, if you have projects in the planning stage, be sure to include them. As you are
aware, things can change during the year with regard to funding availability.
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PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
WORK SESSION
AGENDA TITLE:
Update on Armory Building
Requests for Letters of Interest on Proposed Uses for
Armory Building
STAFF CONTACT(S):
Mr. Hicks
AGENDA DATE:
11-28-2017
ACTION: ❑
CONSENT AGENDA: ❑
ROLL CALL VOTE: ❑
ITEM NUMBER:
7 (c)
INFORMATION: Ef
ATTACHMENTS:
Request for Letters of Interest Letter.
5E,4S
SUMMARY:
Since the County has obtained title to the National Guard Armory building, there has been a lot of interest in
the building. To solicit ideas and interest in the building, we have developed a Letter of Interest solicitation
process that will be used to measure and quantify that interest. Once all of the letters of interest have been
received, staff will review them and determine if any of the proposals warrant a more detailed review. If the
Supervisors are aware of any potential users, please make them aware of the process. Attached for your
review and information is a copy of the notice that will be provided to any interested parties. We will also
place an ad in the local newspapers soliciting letters of interest.
FINANCIAL IMPACT AND FUNDING SOURCE:
Undetermined at this time. Leasing options or sale of the property could result in additional funds for the
County
N/A
MOTION:
PITTSYLVANIA COUNTY
VIRGINIA
SYLVgh
c� ? 9 1 Center Street
County Administration a
� Chatham, Virginia
P.O. Box 426 ° o
Phone (434) 432-7739
Chatham, Virginia 24531 e oFax (434) 432-7714
www pittsylvaniacountyva.gov J
y
nes
Pittsylvania County Board of Supervisors is seeking proposals for the use of the building which formerly
housed the National Guard Amory, on Main Street, Chatham, VA 24531. The intended use can be public,
private, for profit or nonprofit. The proposed use may be based upon sale or lease of the facility.
Interested parties are encouraged to submit a Letter of Interest. Submittal requirements are outlined below.
After letters are received, the County will evaluate based on the plan for use of the building, the public
benefit to be provided by that use, and the respondent's ability to maintain the building and be solely
responsible for paying for facility modifications and maintenance needs. The County reserves the right to
begin negotiating with one or more respondents, (for which all parties of record will be informed) or
terminate the process.
Building Modifications: The building will be sold or leased in an "as is" condition. Any renovation or
modifications to the building or immediate exterior infrastructure, including the walkway and fence will be
the sole responsibility of the operator. Pittsylvania County must pre -approve all renovation plans for the
building interior and exterior. The lessee must obtain all necessary permits for renovation and must be solely
responsible for paying for all permit and construction costs. The lessee must also provide the County with
proof of Commercial General Liability Insurance with the limit determined to be necessary by the County
Attorney, depending on the activities to occur in the building.
Building Maintenance: The occupant shall be responsible for maintenance and upkeep of the building and
the immediate exterior infrastructure, including the walkway, planter beds and fence. The lessee will insure
that the building is maintained and preserved in a fashion presentable to the public and in keeping with the
surrounding area. The lessee must maintain the building and immediate exterior in a clean, safe condition
for the general public at all times.
The sale price or lease rate shall be negotiated based on fair market value for the intended use of the space by
the lessee.
Building Utilities: The occupant shall be responsible for all charges for utilities or services used or supplied
to the building, including charges, if any, for installing meters for them.
Letters of Interest Shall Include:
1. Proposed use of the building. Describe how the building will be utilized and the intended benefit to the
community.
2. Description of experience of key personnel. Describe the party(s) who will be running the intended
operation or program for which you would like to use the building and their background and experience in
doing so.
3. Plan for renovating or improving the building. Describe how the building will be remodeled or renovated
to accommodate your intended use. Describe your ability to financially undertake the project and provide
liability insurance.
4. Signed by respondent(s). Indicate whether the proposal is being made on behalf of an individual or an
organization.
There will be an open house on December 6, 2017, 2:OOpm for any interested parties.
Acceptance of Responses: Review of responses will be by the County at its sole discretion. Upon review of
the responses, the County may:
Invite one or more individuals/organizations to begin negotiations with the County on a contract that will
deal with the renovation and reuse of the building. The contract will include insurance, hold harmless, and
indemnification provisions protecting the County's interests;
The County is not bound to enter into an agreement with any respondent. The County will be under no
obligation to receive further information, whether written or oral, from any respondent.
Modification of Terms: The County reserves the right to modify the terms of this Request for Interest at any
time at its sole discretion.
Ownership of Responses: All documents, including responses, submitted to the County become the property
of the County. They will be received and held in confidence by the County, subject to the Virginia Freedom
of Information Act.
How to Submit a Letter of Interest: Send required information no later than 2:00 p.m. on January 10, 2018.
Piusylvania County Administration
Richard Hicks
1 Center Street, Chatham, VA 24531
Or by email to: Richard.hicks@pittgov.org
PITTSYLVANIA COUNTY
BOARD OF SUPERVISORS
BUSINESS MEETING
TUESDAY, NOVEMBER 28, 2017
Pittsylvania Court General District Courtroom
Edwin R. Shields Courthouse Addition
11 Bank Street
Chatham, Virginia 24531
AGENDA
(ALL VOTES SHALL BE ROLL CALL VOTES)
Barber Hagerman Blackstock Davis Scearce Barksdale Warren
1. MOMENT OF SILENCE
2. PLEDGE OF ALLEGIANCE
3. ITEMS TO BE ADDED TO AGENDA
4. APPROVAL OF AGENDA
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Roll Call Vote
Y N A
Barber
Hagerman
Blackstock
Scearce
Davis
Barksdale
Warren
(Roll Call Vote YorN)
5. HEARING OF CITIZENS
CONSENT AGENDA
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Second. Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Roll Call Vote
Y N A
Barber
Hagerman
Blackstock
Scearce
Davis
Barksdale
Warren
(a) Minutes (October 17, 2017, Work Session/Business Meetings; September 6, 2017
BOS & IDA Joint Meeting) Pages 74-95
(b) Bill List (October 2017; Online)
(c) Ratification of Letter of Support: INFRA Application for Danville Rail
Infrastructure & Chesapeake Port Improvements Pages 96-98
(d) Road Name Request: Non Canis Lane Pages 99-102
9. PUBLIC HEARINGS
A. Rezoning Public Hearings:
Case 1: TRC Acquisitions & Holdings, LLC —Westover Election District; R-17-039
RC -1, Residential Combined Subdivision District to B-2, Business District, General
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Roll Call Vote
Barber
Hagerman
Blackstock
Scearce
Davis
Barksdale
Warren
(Roll Call Vote Y or N)
Case 2: William H. Rogers, Jr., and Others — Banister Election District; R-17-040
R-1, Residential Suburban Subdivision District to B-2, Business District, General
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Second. Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Roll Call Vote
Y N A
Barber
Hagerman
Blackstock
Scearce
Davis
Barksdale
Warren
(Roll Call Vote YorN)
Case 3: William H. Rogers, Jr., & Judith R. Rogers — Banister Election District; R-17-041
A-1, Agricultural District & RC -1, Residential Combined Subdivision District to
M-2, Industrial District, Heavy Industry
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Roll Call Vote
Y N A
Barber
Hagerman
Blackstock
Scearce
Davis
Barksdale
Warren
(Roll Call Vote Y or N)
Case 4: Nelson Brack Hines & Deborah R. Hines — Tunstall Election District; R-17-042
R-1, Residential Suburban Subdivision District to A-1, Agricultural District
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Second. Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Roll Call Vote
Y N A
Barber
Hagerman
Blackstock
Scearce
Davis
Barksdale
Warren
(Roll Call Vote Y or N)
Case 5: Casey A. Wolfe & Kimberly Cox Wolfe — Staunton River Election District;
R-17-043
R-1, Residential Suburban Subdivision District to A-1, Agricultural District
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Roll Call Vote
Y N A
Barber
Hagerman
Blackstock
Scearce
Davis
Barksdale
Warren
(Roll Call Vote Y or N)
B. Pittsylvania County Code ("PCC") Potential Keviston runttc meartnQs:
Hearing 1: Public Hearing to receive citizen input on potentially revising Pittsylvania County Code
("PCC"), Chapter 9, Motor Vehicles and Traffic, to add Article VIII., Video -Monitoring
System, Sections 9-201 - 903. Pages 103-113
Motion: Barber
Second: Barber
Roll Call Vote
Barber
Hagerman
Blackstock
Scearce
Davis
Barksdale
Warren
(Roll Call Vote Y or N)
Hagerman Blackstock Davis
Hagerman Blackstock Davis
Y N A
Scearce Barksdale Warren
Scearce Barksdale Warren
Hearing 2: Public Hearing to receive citizen input on a proposed on its plans to undertake equipment
Pages 114-115 financing to expand and improve the County's emergency communications system.
Such expansion and improvements will benefit the residents of the County and
will be used by employees of the County and the Tunstall Volunteer Fire and Rescue, Inc.
(the "Department").
The County plans to undertake a lease/purchase equipment financing in an estimated
maximum amount of $2,000,000 to pay (a) the costs of new cell towers to be located
within the geographic boundaries of the County on a parcel owned by the Department
with a street address of 740 Tunstall High Road, Dry Fork, Virginia 24549, and a parcel
owned by the County with a street address of 980 Old Mayfield Road, Danville, Virginia
24541, (b) the costs of related equipment and (c) the costs and expenses related to
undertaking the lease financing.
The Department is a not-for-profit, nonstock Virginia corporation that operates a fire and
rescue station located at 740 Tunstall High Road, Dry Fork, Virginia 24549. Its mailing
address is P.O. Box 575, Danville, Virginia 24543.
The financing will not constitute a debt or pledge of the faith and credit of the
Commonwealth of Virginia or any political subdivision thereof, including the County.
Neither the Commonwealth of Virginia nor any political subdivision thereof, including
the County, shall be obligated to repay the principal or interest components due under the
lease/purchase financing arrangement, except from the monies appropriated by the Board
from time to time for such purpose.
Motion: Barber
Second: Barber
Roll Call Vote
Barber
Hagerman
Blackstock
Scearce
Davis
Barksdale
Warren
(Rall Call Vote YorN)
Hagerman Blackstock Davis Scearce Barksdale Warren
Hagerman Blackstock Davis Scearce Barksdale Warren
Y N A
10. PRESENTATIONS
11.
(a) Danville-Pittsylvania Community Services Annual Report Pages 116-120
(a) Resolution 2017-11-01; E911 Tower Debt Refinance Resolution Pages 121-141
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Second. Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Roll Call Vote
Y N A
Barber
Hagerman
Blackstock
Scearce
Davis
Barksdale
Warren
(Rol[ Call Vote Y or N)
(b) Comprehensive Services Act (CSA) 2018 Budget Amendment (Motion & 10 Day
Layover Required) Page 142
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Second. Barber Hagerman Blackstock Davis Scearce Barksdale Warren
(c) Refund Request for VA PCS Alliance LC Pages 143-145
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Roll Call Vote
Y N A
Barber
Hagerman
Blackstock
Scearce
Davis
Barksdale
Warren
(Roll Ca[[ Vote Y or N)
(d) Refund Request for Danville Cellular Phone Co Pages 146-148
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Roll Call Vote
Barber
Hagerman
Blackstock
Scearce
Davis
Barksdale
Warren
(Roll Call Vote Yor N)
Y N A
(e) Request for Public Hearing to Amend 6.6-3; Tax Exemption by Designation or
Classification: property owned by Northside High School Museum Pages 149-172
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Roll Call Tote
Y N A
Barber
Hagerman
Blackstock
Scearce
Davis
Barksdale
Warren
(Roll Call Vote YorN)
(f) Request for Public Hearing (Amend PCC Section 2-22; Running At Large Designation in
Restricted Areas to include Green Farm Road) Pages 173-187
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Second. Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Roll Call Vote
Y N A
Barber
Hagerman
Blackstock
Scearce
Davis
Barksdale
Warren
(Roll Call Vote YorN)
(g) Courthouse Chiller Replacement Page 188
Motion: Barber Hagerman Blackstock
Second: Barber Hagerman Blackstock
Roll Call 6 ote
Y N A
Barber
Hagerman
Blackstock
Scearce
Davis
Barksdale
Warren
(RoU Call Vote YorN)
Davis Scearce Barksdale Warren
Davis Scearce Barksdale Warren
(h) Sheriff's Department Radios Pages 189-191
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Roll Call Vote
Y N A
Barber
Hagerman
Blackstock
Scearce
Davis
Barksdale
Warren
(i) 2018 General Reassessment Extension Request from Pittsylvania County Board
Assessors Pages 192-195
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Second. Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Roll Call Vote
Y" N A
Barber
Hagerman
Blackstock
Scearce
Davis
Barksdale
Warren
(Roll Call Vote YorN)
12. APPOINTMENTS
(a) Appointments to Planning Commission (Dan River & Tunstall District Representatives)
Pages 197
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Roll Call Vote
(b)
Y N A
Barber
Hagerman
Blackstock
Scearce
Davis
Barksdale
Warren
(Roll Call Vote Y or N)
Appointment to Pittsylvania County Service Authority (Staunton River District
Representative) Pages 198
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Roll Call Vote
Barber
Hagerman
Blackstock
Scearce
Davis
Barksdale
Warren
(Roll Call Vote YorN)
Y N A
(c) Appointment to Pittsylvania County Public Library Board of Trustees (Town of Hurt
Representative) Pages 199
Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren
Roll Call Vote
Y N A
Barber
Hagerman
Blackstock
Scearce
Davis
Barksdale
Warren
13. MATTERS FROM WORK SESSION (if any)
14. BOARD ANNOUNCEMENT
15. REPORTS FROM COUNTY ADMINISTRATOR (if any)
16. ADJOURNMENT TIME:
October 17, 2017
Work Session
Pittsylvania County Board of Supervisors
Work Session
October 17, 2017
VIRGINIA: The Work Session of the Pittsylvania County Board of Supervisors began
at 4:30pm on Monday, October 17, 2017 in the Main Conference Room of the County
Administration Building located at 1 Center Street in Chatham, Virginia. The following members
were present:
Joe B. Davis
Ronald S. Scearce
Jessie L. Barksdale
Jerry A. Hagerman
Elton W. Blackstock, Jr.
Robert W. Warren
Dan River District
Westover District
Banister District
Callands-Gretna District
Staunton River District
Chatham -Blairs District
The Honorable Tim R. Barber, Tunstall District, was absent from the meeting.
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. Richard Hicks, Assistant County Administrator for Operations, Ms. Kim
Van Der Hyde, Director of Finance, and Ms. Rebecca Flippen, Deputy Clerk were also present.
Approval of A¢enda
Motion was made by Mr. Blackstock, seconded by Mr. Barksdale, to approve the agenda,
and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr.
Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes.
Mr. Blackstock's motion was unanimously approved by the Board present.
News Business
Ms. Van Der Hyde gave a presentation to the Board of Supervisors of locality financial
comparisons that included Augusta, Bedford, Campbell, Fauquier, Franklin, Halifax, Henry,
Mecklenburg, Pittsylvania, and Rockingham Counties. (And, can be viewed in its entirety at
httl2s://i)ittsylvaniacountyva.gov/DocumentCenterNiew/2429 ). This comparison was developed
with these questions in mind: Does land mass/population correlate to higher costs? How do our
schools compare in funding and performance? How does our debt compare? How does revenue
compare? What is the comparative tax burden of our citizens? Population vs Land Mass;
Expenditures Compared with Land Mass; Cost per Capita; Average Cost per Capita vs Ability to
Pay; Expenditures Compared with Cost per Capita; 2016 Tax Rate; School Funding; Percentage
of Accredited Schools; Sheriff- Total Spending; Health & Welfare -Total Spending vs CSA Costs;
Sanitation and Waste Removal -Total Spending; Total Bond Debt in 2016; and Revenue in 2016.
Clay Stewart, SCS CEO, gave a brief update on the SCS Broadband Project. Mr. Stewart
stated the White Oak Mountain site was complete, and people within a 5 -mile radial band of the
White Oak site were being contacted on whether they want to sign up for broadband service.
Board of Supervisors
Work Session
October 17, 2017
Other sites would be completed on a roll out schedule, and as each were completed, the same
contact service to citizens would be done.
Mr. Hicks discussed the Solid Waste Green Box Sites Removal Phase Out with the
Board. (The presentation can be viewed in its entirety on the County's website
https•//pittsylvaniacountvva.gov/DocumentCenterNiew/2430 ). Mr. Hicks explained that at all
the areas where green boxes were being removed, there was a compactor site within 5 miles or
less, and that by removing the green boxes, not only would the County save money by not
having to replace the 4 frontloader trucks that were already worn out (replace cost of $250,000
per truck), there would be an annual cost savings of nearly $250,000.
Staff Reports
Ms. Flippen stated that interviews had been completed and Accela had been awarded the
contract for agenda management and digital boardroom software.
Mr. Sides said that Worldview Solutions had been awarded the contract for new GIS
software.
Mr. Hicks stated Arcadis had been awarded the contract for the Landfill Consultant RFP.
Closed Session
Motion was made by Mr. Blackstock, seconded by Mr. Barksdale to enter into Closed
Session, which was approved by Roll Call Vote: Mr. Barber -Absent; Mr. Hagerman -Yes; Mr.
Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes.
Consultation with legal counsel employed or retained by a public body regarding specific
legal matters requiring the provision of legal advice by such counsel. 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.
(a) Legal Authority: Virginia Code § 2.2-3711(A)(8)
Subject Matter: Project MP
Purpose: Discussion of Potential Economic Development
Incentive Package
(b) Legal Authority: Virginia Code § 2.2-3711(A)(8)
Subject Matter: Project Solution
Purpose: Discussion of Potential Economic Development
Incentive Package
Discussion concerning a prospective business or industry or the expansion of an existing
business or industry where no previous announcement has been made of the business' or
industry's interest in locating or expanding its facilities in the community.
(c) Legal Authority: Virginia Code § 2.2-3711(A)(5)
Subject Matter: Project Homeland
Board of Supervisors
Work Session
October 17, 2017
Purpose: Economic Development Project Status Update
(d) Legal Authority: Virginia Code § 2.2-3711(A)(5)
Subject Matter: Project 123
Purpose: Economic Development Project Status Update
The Board entered into Closed Session at 6:00pm.
Upon a Motion by Mr. Barksdale, seconded by Mr. Blackstock, the Board re-entered
Open Session and the following Certification was recorded:
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
CERTIFY CLOSED MEETING
BE IT RESOLVED that at the Work Session of the Pittsylvania County Board of
Supervisors on October 17, 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.
The Board re-entered Open Session at 6:46pm.
Adiournment
Mr. Warren adjourned the meeting at 6:47pm.
Robert W. "Bob" Warren, Chair
Pittsylvania County Board of Supervisors
David M. Smitherman, Clerk
Pittsylvania County Board of Supervisors
Vote
Tim R. Barber
Absent
Jerry A. Hagerman
Yes
Elton W. Blackstock
Yes
Joe B. Davis
Yes
Ronald S. Scearce
Yes
Robert W. Warren
Yes
Jessie L. Barksdale
Yes
The Board re-entered Open Session at 6:46pm.
Adiournment
Mr. Warren adjourned the meeting at 6:47pm.
Robert W. "Bob" Warren, Chair
Pittsylvania County Board of Supervisors
David M. Smitherman, Clerk
Pittsylvania County Board of Supervisors
October 17, 2017
Business Meeting
Pittsylvania County Board of Supervisors
Business Meeting
October 17, 2017
VIRGINIA: The Business meeting of the Pittsylvania County Board of Supervisors was
held on Monday, October 17, 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 7:03 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. Richard Hicks, Assistant County Administrator for Operations, Ms. Kim
Van Der Hyde, Director of Finance, and Ms. Rebecca Flippen, Deputy Clerk were also present.
Mr. Warren asked during the Moment of Silence, followed by the Pledge of Allegiance.
Items to be Added
Motion was made by Mr. Scearce, seconded by Mr. Blackstock, to add the following item
to the agenda:
Resolution 2017-10-05 congratulating Robert Mill, Jr. on winning the 2017 Swisher
Sweets Sunbelt Expo Southeastern Farmer of the Year.
Mr. Blackstock's motion was unanimously approved by the following Roll Call Vote: Mr.
Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr.
Barksdale -Yes; and Mr. Warren -Yes.
Approval of Agenda
Motion was made by Mr. Barber, seconded by Mr. Davis, to approve the agenda with the
additional items, and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr.
Hagerman -Yes; Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and
Mr. Warren -Yes. Mr. Barber's motion was unanimously approved by the Board.
Hearing of the Citizens
Will Pace of the Chatham/Blair District, and member of the Chatham Town Council,
asked that people not place campaign signs on the road right-of-ways and mediums. Doing such
could result in a $100 fine that he wished VDOT would start enforcing.
No one else signed up to speak.
Board of Supervisors
Business Meeting
October 17, 2017
Consent Agenda
Motion was made by Mr. Blackstock, seconded by Mr. Davis., to approve the Consent
Agenda, and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes;
Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes.
Mr. Blackstock's motion was unanimously approved by the Board.
(a) Minutes (September 19, 2017, Work Session/Business Meetings)
(b) Bill List (September 2017; Online)
(c) Proclamation (National Domestic Violence Awareness Month)
(d) Closed Session Certification Confirmation/Ratification (September 19,
2017)
(e) Section 125 Plan Renewal
(f) Request to Purchase Service Revolver
(g) Resolution 2017-10-01 (Shentel Franchise Renewal)
(h) Letter of Support — TIGER Program (Ratification)
(i) Virginia Association of Counties (Voting Credentials for Annual
Conference)
(j) Resolution of Support: Olde Dominion Agricultural Foundation -
Agribusiness Grant
Mr. Blackstock read the Proclamation on National Domestic Violence Awareness Month.
Pittsylvania County Board of Supervisors
Proclamation
National Domestic Violence Awareness Month
October 2017
WHEREAS, 1 in every 4 women will experience domestic violence during her lifetime and
approximately 15.5 million children are exposed to domestic violence every year; and
WHEREAS, when a family member is abused, it can have long-term damaging effects on the
victim that also leaves a mark on family, friends, and the community at large; and
WHEREAS, the problem of domestic violence is not confined to any group or groups of people,
but crosses economic, racial, gender, educational, religious, and societal barriers, and is sustained
by societal indifference; and
WHEREAS, the crime of domestic violence violates an individual's privacy, dignity, security,
and humanity due to the systematic use of physical, emotional, sexual, psychological, and
economic control and/or abuse; and
WHEREAS, victims should have help to find the compassion, comfort, and healing they need,
and domestic abusers should be punished to the full extent of the law; and
Board of Supervisors
Business Meeting
October 17, 2017
WHEREAS, victims of the violence should have access to medical and legal services,
counseling, transitional housing, and other supportive services so that they can escape the cycle
of abuse; and
WHEREAS, we encourage domestic violence victims and their families to seek assistance from
appropriate victims' services organizations and the National Domestic Violence Hotline (1 -800-
799 -SAFE); and
WHEREAS, it is important to recognize the compassion and dedication of the individuals who
provide services to victims of domestic violence and work to increase public understanding of
this significant problem; and
WHEREAS, as a community, we must dedicate ourselves to protecting vulnerable members of
our society, we have a moral obligation to work to prevent domestic violence, and to address its
brutal and destructive effects;
NOW, THEREFORE, in recognition of the important work done by domestic violence
programs and victims' service providers, the Pittsylvania County Board of Supervisors does
hereby proclaim the month of October as Domestic Violence Awareness Month and urge all
citizens to work towards the elimination of domestic violence.
Mr. Scearce read Resolution 2017-1-05, congratulation Robert Mill, Jr. on winning the 2017
Swisher Sweets Sunbelt Expo Southeastern Farmer of the Year.
Pittsylvania County Board of Supervisors
RESOLUTION
2017-10-05
ROBERT MILLS, JR.
Winner of the 2017 Swisher Sweets Sunbelt Expo
Southeastern Farmer of the Year
VIRGINIA: At the regularly scheduled meeting of the Pittsylvania County Board of
Supervisors held on October 17, 2017, in the General District Courtroom of the Edwin R. Shields
Courthouse Addition, the following resolution was presented and adopted:
WHEREAS, Robert Mills, Jr. is a Pittsylvania County resident and owner of Briar View Farm, a
2,244 acre farming operation based in Callands, Virginia. Robert and his wife Cynthia are the
proud parents of two sons, Logan and Holden Mills, both accomplished in agriculture and
actively involved in the fanning business.; and
WHEREAS, on July 31, 2017 Robert Mills, Jr. was named the Sunbelt Ag Expo Virginia
Fanner of the Year. He was nominated by Stephen Barts, Pittsylvania County Agriculture and
Natural Resources Extension Agent with Virginia Cooperative Extension. Winning the Virginia
Fanner of the Year award entered Robert into competition with nine other highly qualified state
finalists across the southeastern United States.; and;
Board of Supervisors
Business Meeting
October 17, 2017
WHEREAS, Robert Mills, Jr. is a first generation farmer who has been successfully farming for
nineteen years. Crops produced include conventional and organic flue cured tobacco, dark fired
tobacco and bioenergy tobacco, along with winter wheat. He also operates beef cattle and poultry
pullet enterprises; and
WHEREAS, on October 17, 2017 at a luncheon of over 1,500 people at the Sunbelt Ag Expo
held annually in Moultrie, Georgia, Robert Mills, Jr. was selected as winner of the Swisher
Sweets Sunbelt Ag Expo Southeastern Farmer of the Year. Robert won this prestigious award
not only for his fanning success, but also for his extensive leadership and community service,
and ongoing commitment to the Virginia agricultural industry. This includes recently being
elected as President of the Board of the Virginia Agriculture and Consumer Services, and being
named to the Virginia Tech Board of Visitors; then
BE IT RESOLVED, that the Pittsylvania County Board of Supervisors expresses its
congratulations and admiration to Robert Mills, Jr. on becoming the 2017 Swisher Sweets
Sunbelt Ag Expo Southeastern Farmer of the Year.
BE IT FURTHER RESOLVED that a copy of this resolution be presented to Robert Mills, Jr.
Public Hearings
Rezoning Public Hearings:
Case 1: Par 5 Development Group, LLC; Dan River Election District: R-17-029
RC -1, Residential Combined Subdivision District to B-1, Business District,
Limited
Mr. Warren opened the public hearing at 7:18pm. Mr. Sides explained that Par 5
Development Group, LLC, had petitioned to rezone a total of 3.06 acres, three (3) parcels of
land, located on State Road 729/Kentuck Road in the Dan River Election District from RC -1,
Residential Combined Subdivision District to B-1, Business District, Limited. Once the
properties are rezoned to B-1, all uses listed under Section 35-346 are a permitted use. The
Planning Commission, with opposition, recommended granting the petitioner's request. Zac Ivey
with Par 5 Development Group, LLC, Attorney Kerry Hutherson and Matt Hastings with
Summit Design and Engineering Services were there to represent the petition. No one signed up
to speak and Mr. Warren closed the hearing at 7:22pm. Motion was made by Mr. Davis,
seconded by Mr. Barksdale, to approve rezoning Case R-17-029 from RC -1 to B-1 and the
following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock -
Yes; Mr. Scearcc-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes. Mr. Davis'
motion was unanimously approved by the Board.
Case 2: Par 5 Development Group, LLC; Staunton River Election District; R-17-030
R-1, Residential Suburban Subdivision District to B-2, Business District, General
Mr. Warren opened the public hearing at 7:24pm. Mr. Sides explained Par 5
Development Group, LLC, had petitioned to rezone 0.67 acre, located on State Road
988/Highwayview Road in the Staunton River Election District from R-1, Residential Suburban
Subdivision District to B-2, Business District, General. Once the property is rezoned to B-2, all
uses listed under Section 35-365 are a permitted use. The Planning Commission, with opposition,
recommended granting the petitioner's request. Zac Ivey with Paz 5 Development Group, LLC,
Attorney Services were there to represent the petition. No one signed up to speak and Mr.
Warren closed the hearing at 7:26pm. Motion was made by Mr. Blackstock, seconded by Mr.
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Business Meeting
October 17, 2017
Davis, to approve rezoning Case R-17-030 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 was
unanimously approved by the Board.
Case 4: Gloria K. Hall & Olivia P. Salzer; Callands-Gretna Election District; R-17-032
B-2, Business District, General to RC -1, Residential Combined Subdivision
District
Mr. Warren opened the hearing at 7:28pm. Mr. Sides explained that Gloria Hall and
Olivia Salzer had petitioned to rezone 2.13 acres, located on State Road 969/Sago Road in the
Callands-Gretna Election District from B-2, Business District, General to RC -1, Residential
Combined Subdivision District. Once the property is rezoned to RC -1, all uses listed under
Section 35-267 are a permitted use. The Planning Commission, with no opposition,
recommended granting the petitioners' request. Gloria Hall was there to represent the petition.
No one signed up to speak and Mr. Warren closed the hearing at 7:29pm. Motion was made by
Mr. Hagerman, seconded by Mr. Blackstock, to approve rezoning Case R-17-032 from B-2 to
RC -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. Hagerman's motion was unanimously approved by the Board.
Case 5: Ronald Sykes & Tammy Sykes; Callands-Gretna Election District; R-17-033
R-1, Residential Suburban Subdivision District to A-1, Agricultural District
Mr. Warren opened the hearing at 7:30pm. Mr. Sides explained Ronald and Tammy
Sykes had petitioned to rezone 10.23 acres, located on State Road 978/Lakeside Road and on
State Road 965/Paynes Road in the Callands-Gretna Election District from R-1, Residential
Suburban Subdivision District to A-1, Agricultural District. Once the property is rezoned to A-1,
all uses listed under Section 35-178 are a permitted use. The Planning Commission, with
opposition, recommended denying the petitioners' request. Ronald Sykes was there to represent
the petition.
Mr. Sykes stated he had moved to Pittsylvania County from Franklin County due to his
mother having a massive stroke, and in order to keep the family home of three generations, he
and his wife moved here. He purchased the 10.23 acres to build a shop/storage building, to keep
all his equipment in, and to put probably a single -wide home in for his son. He submitted
pictures for the Board of Supervisors, and stated that the pictures submitted at the Planning
Commission were taken by a trespasser, and the imagines on those pictures could not be seen
from the highway. When Mr. Sykes had the property cleared, a 25 foot section of trees was left
on the road front in order to block anyone else's view of the building he planned to put on the
site. He also submitted pictures of his neighbors' property taken from the road frontage that had
much more junk visible from the road. The neighbor complaining cannot see anything from her
property or from the road frontage that is on his property.
Tommy Nevin, spoke on behalf of Mikina Jordan, who opposed the rezoning, stating
there was equipment everywhere, and that at one point, a tractor was blocking the road to unload
3 box trailers, what appears to be scrape metal, along with other various equipment. The
application Mr. Sykes submitted said he was building an adjacent building. All the property
surrounding this parcel is residential and what Mr. Skyes wanted to do would devalue all the
surrounding properties. Ms. Nevin stated Ms. Jordan asked the Board of Supervisors to deny
rezoning the property.
Board of Supervisors
Business Meeting
October 17, 2017
No one else signed up to speak and Mr. Warren closed the hearing at 7:37pm. Motion
was made by Mr. Hagerman, seconded by Mr. Blackstock, to deny rezoning Case R-17-033, and
the following Roll Call Vote was recorded: Mr. Barber -No; Mr. Hagerman -Yes; Mr. Blackstock -
Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes. Mr.
Hagerman's motion was approved to deny the petitioners' request to rezone by a 6-1 majority
vote of the Board, with Mr. Barber opposing.
Case 6: Joseph A. Craddock & Jennifer R. Craddock; Staunton River Election District;
R-17-034
A-1, Agricultural District to R-1, Residential Suburban Subdivision District
Mr. Warren opened the public hearing at 7:41pm. Mr. Sides explained Joseph and
Jennifer Craddock had petitioned to rezone 0.1295 acre, located on State Road 670/Deer View
Road in the Staunton River Election District from A-1, Agricultural 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. No one was there to represent the petition and no one signed up
to speak. Motion was made by Mr. Blackstock, seconded by Mr. Barber, to approve rezoning
Case R-17-034 from A-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. Blackstock's motion was unanimously approved by the Board.
Case 7: Michael L. Hughes; Chatham -Blairs Election District; R-17-035
R-1, Residential Suburban Subdivision District to A4, Agricultural District
Mr. Warren opened the public hearing at 7:43pm. Mr. Sides explained Michael Hughes
had petitioned to rezone 4.00 acres, located on State Road 883/Campview Road in the Chatham -
Blairs Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural
District. Once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted
use. The Planning Commission, with no opposition, recommended granting the petitioner's
request. Michael Hughes was there to represent the petition. No one signed up to speak and Mr.
Warren closed the hearing at 7:44pm. Motion was made by Mr. Blackstock, seconded by Mr.
Barber, to approve rezoning Case R-17-035 from R-1 to A-1 and the following Roll Call Vote
was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr.
Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes. Mr. Blackstock's motion was
unanimously approved by the Board.
Case 8: Robert E. Daniels Revocable Trust Dated 9/24/97; Callands-Gretna Election
District; R-17-036
R-1, Residential Suburban Subdivision District to A-1, Agricultural District
Mr. Warren opened the public hearing at 7:45pm. Mr. Sides explained Robert E. Daniels
Revocable Trust Dated 9/24/97, Robert E. Daniels, Trustee, had petitioned to rezone 36.23 acres,
located on Route 40/West Gretna Road and on State Road 626/Smith Mountain Road in the
Callands-Gretna Election District from R-1, Residential Suburban Subdivision District to A-1,
Agricultural District. Once the property is rezoned to A-1, all uses listed under Section35-178 are
a permitted use. The Planning Commission, with no opposition, recommended granting the
petitioner's request. Ben Davenport was there to represent the petition. No one signed up to
speak and Mr. Waren closed the hearing at 7:46pm. Motion was made by Mr. Hagerman,
seconded by Mr. Davis, to approve rezoning Case R-17-036 from R-1 to A-1 and the following
Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock -Yes; Mr.
Board of Supervisors
Business Meeting
October 17, 2017
Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes. Mr. Hagerman's motion
was unanimously approved by the Board.
Case 9: Mary L. Doss; Callands-Gretna Election District; R-17-037
A4, Agricultural District to RC -1, Residential Combined Subdivision District
Mr. Warren opened the hearing at 7:50pm. Mr. Sides explained Mary L. Doss had
petitioned to rezone 1.421 acres, located on State Road 644/Cooksburg Road in the Callands-
Gretna Election District from A-1, Agricultural District to RC -1, Residential combined
Subdivision District. Once the property is rezoned to RC -1, all uses listed under Section 35-267
are a permitted use. The Planning Commission, with no opposition, recommended granting the
petitioner's request. Bill Doss and Betty Adkin were there to represent the petition. No one
signed up to speak and Mr. Warren closed the hearing at 7:50pm. Motion was made by Mr.
Hagerman, seconded by Mr. Barksdale, to approve rezoning Case R-17-037 from A-1 to RC -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. Hagerman's motion was unanimously approved by the Board.
This concluded the Rezoning Cases.
Public Hearings:
Public Hearing to receive citizen input on a proposed amendment to PCC Chapter 36, Fee
Assessment. The proposed amendment would increase the courthouse construction,
renovation, or maintenance fee to the maximum $5.00 per applicable court action/case
allowable under Virginia Code §17.1-281(C)
Mr. Hunt explained that currently, per Pittsylvania County Code §§ 36-1 & 36-2,
Pittsylvania County, Virginia (the "County"), collects a fee of $2.50 per applicable court
action/case for courthouse maintenance. Virginia Code § 17.1-281(C) allows the County to
collect an additional $3.00 fee per appropriate court action/case (maximum of $5.00) for
courthouse construction, renovation, or maintenance, if its courthouse is certified, following an
application and facility inspection by the Department of General Services ("DGS"), as being
non-compliant with the current safety and security guidelines in the Virginia Courthouse Facility
Guidelines, and said non-compliance "cannot be feasibly renovated to correct such non-
compliance." Said inspection application was submitted and the facility was certified to be non-
compliant with the current safety and security guidelines in the Virginia Courthouse Facility
Guidelines by DGS.
Mr. Warren opened the public hearing at 7:50pm. No one signed up to speak and Mr.
Warren closed the hearing at 7:50pm. Motion was made by Mr. Barksdale, seconded by Mr.
Davis, to approve amending Chapter 36; Fee Assessment, of the Pittsylvania County Code as
presented and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes;
Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes.
Mr. Barksdale's motion was unanimously approved by the Board.
PITTSYLVANIA COUNTY CODE
CHAPTER 36
FEE ASSESSMENTS
§ 36-1. Assessment for Courthouse Construction, Renovation, or Maintenance
Board of Supervisors
Business Meeting
October 17, 2017
§ 36-2. Assessment for Law Library as Part of Costs in Civil Actions
§ 36-3. Courthouse Security Fees
§ 36-4. Jail Processing Fees
§ 36-5. Recreation Gate Fees
SEC. 36-1. ASSESSMENT FOR COURTHOUSE CONSTRUCTION, RENOVATION,
OR MAINTENANCE.
A. As authorized by Section 17.1-281 of the Code of Virginia, 1950, as amended, since the
Pittsylvania County Courthouse Complex ("Complex") has been certified by the Department of
General Services ("Department"), upon application to the Department by the County, to not be in
compliance with the current safety and security guidelines contained in the Virginia Courthouse
Facility Guidelines, and said Complex cannot be feasibly renovated to correct such non-
compliance, there shall be a fee of five dollars ($5.00) assessed as part of the costs in (i) each
civil action filed in the Pittsylvania County General District Court or the Pittsylvania County
Circuit Court and (ii) each criminal or traffic case in the Pittsylvania County General District
Court or Pittsylvania County Circuit Court in which the defendant is charged with a violation of
any statute or ordinance. A fee of only two dollars ($2.00) shall be assessed in any civil action
if the amount in controversy is five hundred dollars ($500.00) or less.
B. The fees herein established shall be collected by the Clerk of the Court in which the action is
filed and remitted to the Treasurer of Pittsylvania County, Virginia, and held by such Treasurer,
subject to disbursement by the Board of Supervisors of Pittsylvania County, for the construction,
renovation, or maintenance of courthouse or jail and court -related facilities and to defray
increases in the cost of heating, cooling, electricity, and ordinary maintenance.
C. This ordinance shall become effective immediately upon adoption.
SEC. 36-2. ASSESSMENT FOR LAW LIBRARY AS PART OF COSTS IN CIVIL
ACTIONS
A. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF PITTSYLVANIA
COUNTY, IN REGULAR SESSION AND ACTING PURSUANT TO SECTION 42.1-70 OF
THE CODE OF VIRGINIA, 1950, AS AMENDED, that there shall be a fee of four ($4.00)
assessed as part of the cost incident to each civil action filed in the General District Court of
Pittsylvania County and the Circuit Court of Pittsylvania County. On civil appeals from General
District Court to the Circuit Court an additional filing fee shall be taxed as part of the cost for the
appeal.
B. The fee herein established shall be collected by the Clerk of the Court in which the action is
filed and remitted to the Treasurer of Pittsylvania County, Virginia, and held by such Treasurer,
subject to disbursement by the Board of Supervisors of Pittsylvania County, for the acquisition
of law books, periodicals, computer research services and equipment for the Law Library.
C. This ordinance shall become effective September 8, 1992, for each civil case filed then or
thereafter.
SEC. 36-3. COURTHOUSE SECURITY FEES.
Board of Supervisors
Business Meeting
October 17, 2017
A. In accordance with the 2007 Session of the General Assembly of Virginia Senate enacted Bill
693 as Chapter 756 of the Acts of Assembly, which is codified as an amendment to Section 53.1-
120 of the Code of Virginia, 1950 as amended. This Act provides that any County may assess a
sum not in excess of ten (10) dollars as a part of the costs in each criminal or traffic case in its
Juvenile & Domestic Relations Court, General District Court or Circuit Court in which the
defendant is convicted of a violation of any statute or ordinance, to fund its courthouse security
personnel.
B. NOW THEREFORE, it is hereby ordained that in this County of Pittsylvania on and after
July 1, 2007 a fee of ten (10) dollars is hereby and shall be assessed as part of the cost against
each defendant for each conviction or violation of a statute or ordinance which shall be collected
by the Clerk of the Court with other cost. The Clerk shall remit the fees to the Treasurer of this
County. The Treasurer shall hold such funds subject to appropriation by this board in a special
fund for courthouse security personnel.
Adopted by the Board of Supervisors on July 1, 2002.
Amended by the Board of Supervisors on July 16, 2002.
Amended by the Board of Supervisors on June 19, 2007.
SEC. 36-4. JAIL PROCESSING FEES.
A. In accordance with the 2002 session of the General Assembly enacted Senate Bill 406 as
Chapter 840 of the Acts of Assembly which is codified as Section 15.2-1613.1 of the Code of
Virginia, 1950, as amended which provides that any County by ordinance may authorize a
processing fee, not to exceed twenty-five ($25.00) dollars, on any individual admitted to County,
city or regional jail following conviction. The fund so collected shall be used by the County
sheriffs office to defray the costs of processing arrested persons into local or regional jails.
B. NOW THEREFORE, be it ordained that on and after July 1, 2002 a processing fee of twenty
five ($25.00) dollars is hereby assessed and imposed upon any individual admitted to a County,
city or regional jail following conviction within the County of Pittsylvania of a crime,
misdemeanor or violation of a local ordinance of the County of Pittsylvania or any town located
within this County. Said fees shall be assessed by the Clerk of the Court of the Court in which
the conviction occurred, with the other cost of the court proceedings and deposited with the
Treasurer of this County and shall be used by the sheriff of this County to defray the cost of
processing the convicted arrested persons into the local or regional jail.
Adopted by the Board of Supervisors on July 16, 2002.
SEC. 36-5. RECREATION GATE FEES.
A. The Board of Supervisors shall be expressly authorized, via resolution, to establish recreation
gate fees for entry and attendance of any and all County Parks and Recreation run, sponsored, or
affiliated recreation games and contests within the County's jurisdiction. A copy of the adopted
fee schedule shall be posted in or at the recreational facility at points where such fees are to be
collected.
B. No person shall be permitted to attend or gain entry into any recreational game or contest
described above for which fees are charged without first paying the fee.
Board of Supervisors
Business Meeting
October 17, 2017
C. Fees may be suspended by order of the Board of Supervisors and/or the County
Administrator or his/her designee, for good cause.
D. No fees paid under paragraph A shall be refunded, without the express approval of the Board
of Supervisors, the County Administrator or his designee, or the Director of Parks and
Recreation or his designee.
News Business
Mr. Smitherman explained the Purchasing Department issued a RFP for a Comprehensive
Justice Needs Assessment of the County Courts and Jail Facilities. Purchasing ran an ad in the
Star Tribune, Danville Register and Bee, posted on the Virginia Business Opportunity website
(which was sent to 6,618 fines), posted on the County's website, and on the County's public
bulletin board. The County received four (4) proposal responses. Each proposal was evaluated
independently by the evaluation committee. The committee members, Sheriff Taylor, Judge
Moreau, Judge Reynolds, and Circuit Court Clerk Mark Scarce, met with the top two (2) ranking
fines for presentations; Dewberry and Moseley Architects. By unanimous vote of the evaluation
committee, Moseley Architects was determined to be the best choice for the County. The total
cost for the needs assessment is $177,782 and is included in the FY2017/18 budget.
Motion was made by Mr. Blackstock, seconded by Mr. Barksdale, to award the
Comprehensive Justice Needs Assessment of the County Courts and Jail Facilities to Moseley
Architects in the amount of $177,782 and authorize the County Administrator to sign all
necessary documentations. 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. Van Der Hyde submitted to the Board that the Department of Social Services (DSS)
had received notification for additional funding from the state to provide supplementary aid for
foster care. The total amount of $27,830.00 had been awarded in additional state funds to the
Pittsylvania County DSS, which did not require a local match.
Motion was made by Mr. Barksdale, seconded by Mr. Davis, to appropriate a total of
$27,830.00 to the Fostering Futures IV -E Foster Care line item in the Pittsylvania County DSS
budget, and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes;
Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes.
Mr. Barksdale's motion was unanimously approved by the Board.
Ms. Van Der Hyde submitted Pittsylvania County received notification of a grant
awarded to the West Piedmont Workforce Development Board (WPWDB) and the Roanoke
Valley -Allegany Regional Commission (RVARC) from the Virginia Department of Rail and
Public Transportation to provide ride solutions services for individuals needing transportation to
and from work. The total of the shared grant is $54,999.12. The portion related directly with the
WIB totals $47,522.12 and does not require a local match from Pittsylvania County.
Motion was made by Mr. Davis, seconded by Mr. Barksdale, to approve and appropriate
a total of $47,522.12 as set forth in the attached budget document to the WIB budget, and the
following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock -
Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes. Mr. Davis'
motion was unanimously approved by the Board.
Board of supervisors
Business Meeting
October 17, 2017
Mr. Matt Rowe, Director for Economic Development, submitted to the Board that in
accordance to the purchase and sale of the Chatham movie theater building, Parco International /
Doomsday Tackle was to improve the exterior of the building and property, clean and remove
debris from inside the building, and conduct extensive demolition while also stabilizing the
building's condition. This activity is associated with Doomsday Tackle's new retail and design
facility. In addition, they were to hire first employees to oversee the design work and perform
marketing and sales. As of October 1, 2017, this preliminary work and hiring has been
completed and Staff is requesting that the Board grant a $25,000 grant (funds to come from the
building's original purchase and sale) to Parco International / Doomsday Tackle for the next
phase of improvements. A final $25,000 grant (from the building's original purchase and sale)
will be received once the facility receives all necessary Certificates of Occupancy and is open to
the public for a period of 6 months. This project has taken a non -revenue performing property
and has placed it back on the tax rolls, and will create an additional attraction for Chatham Main
Street. The facility is expected to be open to the public by 2nd Qtr. 2018. Funds for the grant
would be coming from original $50,000 purchase and sale of building, per original purchase
agreement.
Motion was made by Mr. Barksdale, seconded by Mr. Davis, to approve a performance
grant in the amount of $25,000 to Parco International and Doomsday Tackle for meeting their
first project milestone as they establish an interactive retail tackle and design center in the old
Chatham movie theatre, and the following Roll Cal Vote was recorded: Mr. Barber -Yes; Mr.
Hagerman -Yes; Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and
Mr. Warren -Yes. Mr. Barksdale's motion was unanimously approved by the Board.
Mr. Sides submitted to the Board that Pittsylvania County and the City of Danville are
working with an economic development project with the code name of Project Lignum. This
project will be located in the Berry Hill Industrial Park, a jointly administered property owned by
the Danville Pittsylvania Regional Industrial Facility Authority. This project is expected to create
80 new jobs with an average annual salary of $41,513 and a total capital investment of $120
million. As a very large electric user, this project will also greatly benefit the development of the
Berry Hill Park by providing power credits to help fund new electrical infrastructure. A
requirement of this deal is that DPRIFA supply a graded pad, ready for construction. The
estimated cost of creating this pad site is $5,641,625. Staff is proposing that DPRIFA submit an
application to the Tobacco Commission Southern Area Economic Development Grant Program
to help fund this project. A Resolution of Support is needed for the application. There will also
need to be a Resolution of Support from DPRIFA. Tobacco Commission grants require dollar
for dollar matching funds from other sources. After utilizing all other available funding sources,
it is expected that there will be a local requirement of approximately $1.1 million from
Pittsylvania County, and the same from the City of Danville. County matching funds would need
to come from the unassigned fund balance, or through a line item in the 2018-19 County Budget.
Motion was made by Mr. Barksdale, seconded by Mr. Blackstock, to approve Resolution
2017-10-03 for a Tobacco Commission Southern Area Economic Development Grant that will
be used for site improvements necessary for Project Lignum, and the following Roll Call Vote
was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr.
Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes. Mr. Barksdale's motion was unanimously
approved by the Board.
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
Board of Supervisors
Business Meeting
October 17, 2017
RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR THE FY
2018 TOBACCO COMMISSION SOUTHERN AREA ECONOMIC DEVELOPMENT
GRANTS PROGRAM FOR PROJECT LIGNUM
2017-10-03
WHEREAS, Pittsylvania County has been impacted by the decline of the tobacco
industry causing a negative impact on economic development and growth throughout the
County, and
WHEREAS, the Tobacco Region Revitalization Commission has developed a Southern
Area Economic Development Grant Program to help tobacco related localities to change and
revitalize their economy, and
WHEREAS, grants from the Tobacco Region Revitalization Commission will assist
Pittsylvania County in transforming its economy to replace the decline in the tobacco agro-
business community, then
BE IT HEREBY RESOLVED, that the Board of Supervisors of Pittsylvania County
authorizes the submission of a grant application to the FY2018 Southern Area Economic
Development Grant Program for site pad improvements for Project Lignum and authorizes the
County Administrator to file this application and all necessary correspondence relating to the
Tobacco Region Revitalization Commission required by this grant and to be responsible for the
accuracy of the application and for the appropriate use of funds, should they be granted.
Mr. Rowe submitted to the Board that with the lease -to -purchase arrangement with
recently announced Unison Tube, LLC now being executed, the region no longer has building
product that is geared towards the needs of advanced manufacturers. Currently, the County is
engaged with 6-8 advanced manufacturing companies, all of which seek to locate in an existing
40,000 sq. ft. facility to reduce commercial start-up time. These aerospace and automotive
companies have visited and are interested in the area due to the precision machining and
advanced manufacturing workforce programs. To address this outstanding issue, Staff proposes
to utilize the Tobacco Commission Southern Area Economic Development Grant Program to pay
for half of such a building or roughly $1.5M. This grant must be matched dollar -to -dollar from
the locality in either public or private funds. To reduce financial burden to the County, Staff has
reached out to several private development companies and has determined an appetite for the
remaining $1.5M to be financed privately by building construction firms. As proposed, the
County would create an RFP and solicit offers from private firms to finance and construct a
building and enter into 5 -year lease -to -purchase agreement with the County (which could be
terminated at any point once a company purchases or locates in the building). Any subsequent
RFP, business terms, and/or private firm selection would need to be reviewed and approved by
the Board. The proposed facility would be located in Cane Creek Centre. As part of the
application process, the Board must approve and submit a Resolution of Support. No financial
impact on the County, as currently proposed, for the application and acceptance of the $1.5M
grant. However, once a contract is signed with a private building firm the County would be
responsible for paying a yearly lease for up to 5 years; with an agreed building purchase at the
end of year 5 if a tenant is not in the facility. This approach allows the County to budget funds
over a longer period of time, while recruiting a tenant to acquire the facility.
Board of Supervisors
Business Meeting
October 17, 2017
Motion was made by Mr. Davis, seconded by Mr. Barksdale, seconded by Mr. Davis, to
approve the Resolution of Support 2017-10-02 for a Tobacco Commission Southern Area
Economic Development Grant that will be utilized in the construction of a 40,000 sq. ft. shell
building in Cane Creek Centre to further economic development in Pittsylvania County, 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.
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR THE FY
2018 TOBACCO COMMISSION SOUTHERN AREA ECONOMIC DEVELOPMENT
GRANTS PROGRAM FOR A SHELL BUILDING IN CANE CREEK CENTRE
2017-10-02
WHEREAS, Pittsylvania County has been impacted by the decline of the tobacco
industry causing a negative impact on economic development and growth throughout the
County, and
WHEREAS, the Tobacco Region Revitalization Commission has developed a Southern
Area Economic Development Grant Program to help tobacco related localities to change and
revitalize their economy, and
WHEREAS, grants from the Tobacco Region Revitalization Commission will assist
Pittsylvania County in transforming its economy to replace the decline in the tobacco agri-
business community, then
BE IT HEREBY RESOLVED, that the Board of Supervisors of Pittsylvania County,
through its partnership with the Danville Pittsylvania Regional Industrial Facility Authority,
authorizes the submission of a grant application to the FY2018 Southern Area Economic
Development Grant Program for shell building construction for advanced manufacturing
prospects in Cane Creek Centre and authorizes the County Administrator to file this application
and all necessary correspondence relating to the Tobacco Region Revitalization Commission
required by this grant and to be responsible for the accuracy of the application and for the
appropriate use of funds, should they be granted.
Staff submitted that an application from Mary Moore, a resident of Green Farm Road,
requesting a public hearing to amend Pittsylvania County Code Section 2.2-22; Running at Large
Restrictions in Designated Areas, to include Green Farm Road in the Ringgold area. At the time
of the Board's meeting, the petition contained 30 signatures of the 62 property owners on Green
Farm Road. Ms. Moore was continuing to circulate the petition.
Motion was made by Mr. Scearce, seconded by Mr. Blackstock, to not advertise a hearing
at this time, but would consider the request if additional signatures of property owners were
submitted that brought the total of petitioners' seeking a public hearing to over 50% of the
property owners of Green Farm Road in favor of a restricted area. 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. Scearce's motion was unanimously
approved by the Board.
Board of supervisors
Business Meeting
October 17, 2017
Armointments
Motion was made by Mr. Blackstock, seconded by Mr. Barber, to appoint Timothy W.
Dudley as the Staunton River District Representative on the Planning Commission for a 4 -year
term, beginning November 1, 2017 until October 31, 2021, and the following Roll Call Vote was
recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr.
Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes. Mr. Blackstock's motion was
unanimously approved by the Board.
Motion was made by Mr. Scearce, seconded by Mr. Davis, to re -appoint Dr. Joey
Faucette as the Chatham -Blairs District Representative on the Pittsylvania County Industrial
Development Authority for a four (4) year term that will commence December 1, 2017 through
November 30, 2021, 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. Scearce's motion was unanimously approved by the Board.
Motion was made by Mr. Barber, seconded by Mr. Blackstock, to re -appoint Ronnie
Haymore as the Tunstall District Representative on the Pittsylvania County Industrial
Development Authority for a four (4) year term that will commence December 1, 2017 through
November 30, 2021. 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.
Board Announcements
Mr. Scearce stated he has attended an emergency meeting of the Fire and Rescue
Association the week before concerning a proposed public hearing the Board had considered on
changes that would affect the Fire & Rescue groups. He then attended another meeting
facilitated by Mike Neal of the Ringgold Volunteer Fire Department, where a lot of information
was covered to help remove some of the misinformation that had been circulating. Mr. Scearce
also said it was a good meeting, and the Fire & Rescue groups there voiced their concerns very
well.
Mr. Blackstock echoed Mr. Scearce's comments on how well the meetings with Fire and
Rescue had been received. Mr. Blackstock also congratulated Daniel Lanier on being named
Virginia's Auctioneer of the Year and asked staff to draft a resolution to be presented to Mr.
Lanier at a future Board meeting.
Mr. Warren agreed with both Mr. Scearce and Mr. Blackstock's comments regarding the
Fire and Rescue information meetings. Mr. Warren also said there seemed to be reoccurring
problems with drivers not stopping for schools buses, and asked that drivers be mindful of the
Virginia laws concerning this and that the laws were in place to keep our children safe.
County Administrator's Comments
Mr. Smitherman stated that presentations made at the Work Session would be available
for viewing on the County's website.
Adjournment
Board of Supervisors
Business Meeting
October 17, 2017
Mr. Warren adjourned the meeting at 8:22pm.
Robert W. "Bob" Warren, Chair
Pittsylvania County Board of Supervisors
David M. Smitherman, Clerk
Pittsylvania County Board of Supervisors
September 6, 2017
BOS & IDA Joint Meeting
Pittsylvania County Board of Supervisors
and
Industrial Development Authority
Joint Meeting
September 6, 2017
VIRGINIA: The Joint Meeting of the Pittsylvania County Board of Supervisors and
Industrial Development Authority was held on Wednesday, September 6, 2017 in the Main
Conference Room of the County Administration Building (Captain Martin Building) located at 1
Center Street in Chatham, Virginia.
Mr. Warren, Chair for the Board of Supervisors, called the meeting to order at 4:01 pm.
Tim R. Barber
Joe B. Davis
Ronald S. Scearce
Jessie L. Barksdale
Jerry A. Hagerman
Elton W. Blackstock, Jr.
Tunstall District (Remote attendance)
Dan River District
Westover District
Banister District
Callands-Gretna District
Staunton River District
Robert W. Warren Chatham -Blairs District
Noted that Mr. Barber attended the meeting remotely via phone call-in.
Roll Call by Ms. Robertson for the IDA members:
Joey Faucette
Chatham -Blairs District (arrived late)
Randy Anderson
Banister District
Ronnie L. Haymore
Tunstall District
Stanley Simpson
Staunton River District
Charlie Mahan
Callands-Gretna District
Ronald McMahon
Westover District
Eddie L. Hite, Dan River District, was absent
Mir. David M. Smithennan, County Administrator and Clerk of the Board; Mr. J. Vaden
Hunt, County Attorney and Attorney for the Industrial Development Authority; Mr. Greg L.
Sides, Assistant County Administrator for Planning & Administration, Mr. Matt Rowe, Director
of Economic Development; Ms. Brenda Robertson, Clerk for the IDA; and Ms. Rebecca Flippen,
Deputy Clerk were also present.
Items Added
Motion was made by Mr. Blackstock, seconded by Mr. Scearce, to add the following
Closed Session to the agenda:
Authority: 2.2-3711(A)(5) of the Code of Virginia, 1950, as amended
Subject Matter: Project 123
Purpose: Economic Development Project Status Update
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.
Board of Supervisors
BOS & IDA Joint Meeting
September 6, 2017
Motion was made by Mr. Blackstock, seconded by Mr. Barksdale, to add the remote
attendance of Mr. Barber, whose reason for remote attendance was a prior commitment at the
same time and his location from which he was remotely attending was 1193 Oak Hill Road,
Danville, VA 24541, and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr.
Hagerman -Yes; Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and
Mr. Warren -Yes. Mr. Blackstock's motion was unanimously approved by the Board.
Approval of Agenda
Motion was made by Mr. Barksdale, seconded by Mr. Davis, to approve the agenda as
amended, and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes;
Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes.
Mr. Blackstock's motion was unanimously approved by the Board.
Motion was made by Mr. Anderson, seconded by Mr. Haymore, to approve the agenda
with the additional item, which was unanimously approved by the IDA, with the exception of
Mr. Hite, who was absent.
Closed Session
Motion was made by Mr. Blackstock, seconded by Mr. Davis, to enter into Closed
Session for all of the following matters:
Motion was made by Mr. Anderson, seconded by Mr. Haymore, to enter into Closed
Session for items A (1) and (2) and B (1) and (2) of the following matters:
(A) Consultation with legal counsel and briefings to 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; and consultation with
legal counsel employed or retained by a public body regarding specific legal matters requiring
the provision of legal advice by such counsel.
(1) Authority: 2.2-3711(A)(7) of the Code of Virginia, 1950, as amended
Subject Matter: Project Robot
Purpose: Discussion of Potential Economic Development Incentive
Package
(2) Authority: 2.2-3711(A)(7) of the Code of Virginia, 1950, as amended
Subject Matter: Project Box
Purpose: Discussion of Potential Economic Development Incentive
Package
(B) Discussion concerning a prospective business or industry or the expansion of an existing
business or industry where no previous announcement has been made of the business' or
industry's interest in locating or expanding its facilities in the community.
(1) Authority: 2.2-3711(A)(5) of the Code of Virginia, 1950, as amended
Subject Matter: Project Solution
Purpose: Economic Development Project Status Update
(2) Authority: 2.2-3711(A)(5) of the Code of Virginia, 1950, as amended
Board of Supervisors
BOS & IDA Joint Meeting
September 6, 2017
Subject Matter:
Project Tap
Purpose:
Economic Development Project Status Update
(3) Authority:
2.2-3711(A)(5) of the Code of Virginia, 1950, as amended
Subject Matter:
Project 123
Purpose:
Economic Development Project Status Update
The following Roll Call Vote of the Board 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 following Roll Call Vote of the IDA was recorded: Mr. Faucette-Yes; Mr. Anderson -
Yes; Mr. Mahan -Yes; Mr. Haymore-Yes; Mr. McMahon -Yes; and Mr. Simpson -Yes. Mr.
Faucette's motion was unanimously approved by the IDA with the exception of Mr. Hite, who
was absent.
Closed Session was entered at 4:05pm.
Motion was made by Mr. Blackstock, seconded by Mr. Davis, to re-enter into Open
Session.
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
CERTIFY CLOSED MEETING
BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors
on September 6, 2017, the Board hereby certifies by a recorded vote that to the best of each
board member's knowledge only public business matters lawfully exempted from the open
meeting requirements of the Virginia Freedom of Information Act and identified in the motion
authorizing the closed meeting were heard, discussed or considered in the closed meeting. If any
member believes that there was a departure from the requirements of the Code, he shall so state
prior to the vote indicating the substance of the departure. The statement shall be recorded in the
minutes of the Board.
Vote
Tim R. Barber
Yes
Jerry A. Hagerman
Yes
Elton W. Blackstock
Yes
Joe B. Davis
Yes
Ronald S. Scearce
Yes
Robert W. Warren
Yes
Jessie L. Barksdale
Yes
Mr. Blackstock's motion was unanimously approved.
PITTSYLVANIA COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY
CERTIFY CLOSED MEETING
BE IT RESOLVED that at the Meeting of the Pittsylvania County Industrial
Development Authority on September 6, 2017, the Board hereby certifies by a recorded vote that
to the best of each board member's knowledge only public business matters lawfully exempted
from the open meeting requirements of the Virginia Freedom of Information Act and identified
Board of Supervisors
BOS & IDA Joint Meeting
September 6, 2017
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
Joey Faucette
Yes
Randy Anderson
Yes
Ronnie L. Haymore
Yes
Stanley Simpson
Yes
Charlie Mahan
Yes
Ronald McMahan
Yes
Open Session reconvened at 6:00 pm.
Motion was made by Mr. Blackstock, seconded by Mr. Davis, to approve an economic
development incentive package for Project Robot, and the following Roll Call Vote was recorded: Mr.
Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr.
Barksdale -Yes; and Mr. Warren -Yes. Mr. Blackstock's motion was unanimously approved by
the Board.
Motion was made by Mr. Faucette, seconded by Mr. Anderson to approve an economic
development incentive package for Project Robot, and the following Roll Call Vote was recorded: Mr.
Faucette-Yes; Mr. Anderson -Yes; Mr. Mahan -Yes; Mr. Haymore-Yes; Mr. McMahon -Yes; and
Mr. Simpson -Yes. Mr. Faucette's motion was unanimously approved by the IDA with the
exception of Mr. Hite, who was absent.
Motion was made by Mr. Blackstock, seconded by Mr. Scearce, to approve an economic
development incentive package for Project Box, and the following Roll Call Vote was recorded: Mr.
Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr.
Barksdale -Yes; and Mr. Warren -Yes. Mr. Blackstock's motion was unanimously approved by
the Board.
Motion was made by Mr. Faucette, seconded by Mr. Anderson to approve an economic
development incentive package for Project Box, and the following Roll Call Vote was recorded: Mr.
Faucette-Yes; Mr. Anderson -Yes; Mr. Mahan -Yes; Mr. Haymore-Yes; Mr. McMahon -Yes; and
Mr. Simpson -Yes. Mr. Faucette's motion was unanimously approved by the IDA with the
exception of Mr. Hite, who was absent.
The County Attorney, also the IDA Attorney, stated that the economic development
incentive package documents would be available to the public following Governor McAuliffe's
Economic Development Announcements to be held on Thursday, September 7, 2017.
Adiournment
Mr. Warren adjourned the meeting at 6:05pm.
Robert W. "Bob" Warren, Chair
Pittsylvania County Board of Supervisors
David M. Smitherman, Clerk
Pittsylvania County Board of Supervisors
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
BUSINESS MEETING
AGENDA TITLE:
Letter of Support for INFRA Grant - ratification
SUBJECUPROPOSAUREOUEST:
Ratify Letter of Support for INFRA Application for
Berry Hill Rail Infrastructure and Chesapeake Port
Improvements
STAFF CONTACT(S):
Mr. Smitherman
AGENDA DATE: ITEM NUMBER:
11-28-2017 8(c)
ACTION: ❑ INFORMATION
CONSENT AGENDA:
ROLL CALL VOTE: 0
ATTACEMENTS:
Letter of Support to Sec. Elaine Chao
GR
u
SUMMARY:
Pittsylvania County and the City of Danville, through the Danville-Pittsylvania Regional Industrial Facility
Authority, have applied to the U.S. Department of Transportation INFRA grant program for rail
infrastructure in the Berry Hill Industrial Park and Chesapeake Port improvements. Application deadline for
the grant was November 1, 2017, and the grant required Letter of Support was signed and sent October 27,
2017.
FINANCIAL IMPACT AND FUNDING SOURCE:
There is no local match required for this particular grant.
RECOMMENDATION:
Staff recommends that the INFRA Letter of Support, with signature from the Board Chairman, be ratified.
MOTION:
"I make a motion that the INFRA grant Letter of Support for rail infrastructure and Chesapeake Port
improvements, dated October 27, 2017, be approved and ratified."
SUPERVISORS
Robert W. Warren, Chairman
Joe B. Davis, Vice -Chairman
Tim R. Barber
Jessie L. Barksdale
Elton W. Blackstock
Jerry A. Hagerman
Ronald S. Scearce
Pittsylvania County
0
k
BOARD OF SUPERVISORS
P.O. Box 426
Chatham, VA 24531
October 27, 2017
The Honorable Elaine L. Chao
Secretary, U.S. Department of Transportation
1200 New Jersey Ave, SE
Washington, DC 20590
David M. Smitherman
County Administrator
Phone (434) 432-7710
Fax (434) 432-7714
Email: david.smitherman@pittgov.org
RE: INFRA Application for Danville Rail Infrastructure and Chesapeake Port Improvements
Dear Secretary Chao:
As Chairman of the Pittsylvania County Board of Supervisors, I am pleased to offer my
strong support for the INFRA grant application for federal funding submitted by the Danville-
Pittsylvania Regional Industrial Development Authority (the "Authority"), the City of Danville,
Virginia and Pittsylvania County, Virginia. Funding will support, among other endeavors, the
construction of a rail spur serving the Berry Hill Industrial Park (the "Park") located in rural
southern Virginia.
The Danville-Pittsylvania region, which continues to struggle with high rates of
unemployment and low median household incomes, is one of the most economically challenged
areas in the Commonwealth of Virginia. The Park, which the Authority is currently developing,
has the potential to create the sustained economic growth necessary to positively transform the
area. At present, the Park has no rail connection. The construction of a rail spur at the Park
funded by a INFRA grant would greatly contribute to the Park's attractiveness to businesses
seeking to ship their products by rail. By enticing new manufacturers to locate at the Park,
implementation of the proposed plan would result in the creation and continued support of new
high -paying jobs. Additionally, the construction of a wood pellet facility in the region would
provide a direct economic impact to more than 5,000 fann land owners in Pittsylvania county
and contiguous Virginia counties in the form of jobs and additional timber market opportunities.
Secretary Chaos
INFRA Application
October 27, 2017
Page 2 of 2
It is my hope that you will give favorable consideration and fund the Danville Rail
Infrastructure and Chesapeake Port Improvements through the 2017 INFRA grant program. The
economic competitiveness of the disadvantaged Danville-Pittsylvania region would greatly
benefit from the implementation of the proposed plan.
Robert. W. "Bob" Warren, Chairman
Pittsylvania County Board of Supervisors
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
BUSINESS MEETING
AGENDA TITLE: AGENDA DATE: ITEM NUMBER:
Road Name Addition — Non Canis Lane 1 11-28-2017 8(d)
SUBJECT/PROPOSAL/REOUEST: ACTION: ❑ INFORMATION: ❑
Request to name private drive
CONSENT AGENDA: LTJ
ROLL CALL VOTE: H
ATTACHMENTS:
Letter of Request from James Myers, with map
STAFF CONTACT(S):
Mr. Kelly I REVIEWED BY: �Fd.$
SUMMARY:
Mr. James Myers has requested to name a private road. The proposed names are:
1. Non Canis Lane
2. Narrow Road
3. One Way
Mr. Myers owns all the property adjoining the private road, and at this time, there are no residencies on the
dead-end road. Mr. Myers agrees to pay the $200 road sign fee; $150 for a double-faced sign and $50 for the
installation, and replacement at no cost to the citizen.
There are no other roads in Pittsylvania County with these names.
FINANCIAL IMPACT AND FUNDING SOURCE:
None at this time. As per Sec. 42 -8(B)(4) -Street and Road Names; Signage, of the Pittsylvania County Code,
should replacement of the sign be needed, it would be at no cost to the citizen.
RECOMMENDATION:
Staff submits this for the Board's review and consideration.
MOTION:
I make a motion to approve the petitioner's request to name a private road
upon receipt of $200, authorize staff to undertake the process of installation of the road sign.
M
PITTSYLVANIA COUNTY
VIRGINIA
Department of Building Inspections �, y Phone (434) 432-7755
P.O. Drawer D Fax (434) 432-7919
Chatham, Virginia 24531 ¢ o y Gretna/Hutt (434) 656-6211
176;
9-1-1 Road Name Addition Request
We the undersigned request that our private road be named and included into the E-911 System of Pittsylvania County. We understand that by agreeing
to this our current address will change to reflect the new address assigned by the County. We request that the following name be adopted by the Board of
Supervisors:
No k C,oLh i s La -h.,
1 st Choice
Narrow boa
2nd Choice
3rd Choice
Signatories
1).
Name J a. e-r'C
I I° 0 F. �� a ROGL S
Current Addc1 Z� Ot 1 t (�✓ ..]
Certificate of Ackn wle gm nt:
City/County - - -- . i (24=- -- 'w
-IL, foregoing instrument was ac nowler17
dged before me this - day of , 20 -L by `-' 04 ffw�> tl
(Name of pt' Publicerson eking acknowledgment)
tar
My commission expires:
X4
11 X00 C ('e-+V)O - 0OAd
Current Adcjres1�Q
Certificate of Ackn wlerWnev
City/County of
- (y 2o22- '^
The foregoing instrument was acknowledged before me this 19- day of 20 by
(Name of pens seekin acknowledgment)
Notary Public
My commission expires:
3).
Name
Current Address
4
Certificate of Acknowledgment:
City/County of
Commonwealth of Virginia
The foregoing instrument was acknowledged before me this _ day of _, 20 _ by
(Name of person seeking acknowledgment)
Notary Public
My commission expires:
U
it
x
_ -�
PITTSYLVANIA COUNTY
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
BUSINESS MEETING
AGENDA TITLE:
Public Hearing to Receive Citizen Input on Potentially
Revising Pittsylvania County Code, Chapter 9, Motor
Vehicles and Traffic, to Add Article VIII, Video -
Monitoring System, Sections 9-201 — 9-203
SUBJECT/PROPOSAL/REOUEST:
Public Hearing and Potential Adoption of Ordinance
No. 11-02
STAFF CONTACT:
Mr. Hunt
AGENDA DATE:
11-28-2017
ACTION: 0
CONSENT AGENDA: ❑
ROLL CALL VOTE: ¢J
9(b) Hearing 1
INFORMATION: ❑
ATTACHMENTS: (4)
1. Virginia Code §46.2-844 (Ex. "A")
2. Ordinance 11-02 (Ex. `B")
3. New PCC Code Section 9-201 thm 9-203 (Ex. "C"); and
4. PCS Email Regarding School Bus Video -Monitoring Cost
(Ex. "D")
REVIEWED BY: �7d$
SUMMARY:
The Pittsylvania County Schools System ("PCS") has formally requested that the Pittsylvania County Board
of Supervisors (`BOS") adopt a local ordinance, pursuant to authority in Virginia Code § 46.2-844(B),
attached hereto as Exhibit "A," authorizing PCS to install and operate a video -monitoring system in and on
school buses operated by PCS for the purposes of recording violations for prosecutorial purposes of
individuals that fail to stop for school buses taking on or letting off passengers in violation of Virginia Code
§ 46.2-844(A), also attached. A copy of said potential new County Code sections is attached hereto as
Exhibit `B." A copy of enabling Ordinance 11-02 for the proposed new County Code sections is attached
hereto as Exhibit "C."
FINANCIAL IMPACT AND FUNDING SOURCE:
Per the email attached hereto as Exhibit "D" from PCS, there will be no cost to the BOS.
County Staff recommends that the BOS hold the legally required public hearing, and adopt Ordinance No.
11-02, adding Article VIII, Video -Monitoring System, to Chapter 9, Sections 9-201 — 9-203, Motor Vehciles
and Traffic, to the Pittsylvania County Code.
MOTION:
"I make a motion to approve Ordnance No. 11-02 adding Article VIII, Video -Monitoring System, Sections
9-201 — 9-203, to Chapter 9, Motor Vehciles and Traffic, to the Pittsylvania County Code."
PUBLIC HEARING NOTICE
The Pittsylvania County Board of Supervisors will hold a public hearing on Tuesday, November
28, 2017, at 7:00 p.m., in the General District Courtroom, located on the second floor of the
Edwin R. Shields Courthouse Addition, at 11 Bank Street, Chatham, Virginia, 24531, to receive
citizen input on potentially revising Pittsylvania County Code ("PCC"), Chapter 9, Motor
Vehicles and Traffic, to add Article VIII., Video -Monitoring System, Sections 9-201 - 903. A
complete text of the proposed PCC change is available in the Pittsylvania County
Administrator's Office, 1 Center Street, Chatham, Virginia, 24531, Monday through Friday,
between the hours of 8:00 a.m. and 5:00 p.m., as well as on the County's website at
www.pittgov.org.
Page I of 2
Code of Virginia
Title 46.2. Motor Vehicles
Chapter 8. Regulation of Traffic
§ 46.2-844• Passing stopped school buses; penalty; prima
facie evidence.
A. The driver of a motor vehicle approaching from any direction a clearly marked
school bus that is stopped on any highway, private road, or school driveway for the
purpose of taking on or discharging children, the elderly, or mentally or physically
handicapped persons, who, in violation of § 46.2-859, fails to stop and remain
stopped until all such persons are clear of the highway, private road, or school
driveway is subject to a civil penalty of $25o, and any prosecution shall be
instituted and conducted in the same manner as prosecutions for traffic infractions.
A prosecution or proceeding under § 46.2-859 is a bar to a prosecution or
proceeding under this section for the same act, and a prosecution or proceeding
under this section is a bar to a prosecution or proceeding under § 46.2-859 for the
same act.
In any prosecution for which a summons charging a violation of this section was
issued within io days of the alleged violation, proof that the motor vehicle
described in the summons was operated in violation of this section, together with
proof that the defendant was at the time of such violation the registered owner of
the vehicle, as required by Chapter 6 (§ 46.2-600 et seq.) shall give rise to a
rebuttable presumption that the registered owner of the vehicle was the person who
operated the vehicle at the place where, and for the time during which, the violation
occurred. Such presumption shall be rebutted if (i) the owner of the vehicle files an
affidavit by regular mail with the clerk of the general district court that he was not
the operator of the vehicle at the time of the alleged violation, (ii) the owner testifies
in open court under oath that he was not the operator of the vehicle at the time of
the alleged violation, or (iii) a certified copy of a police report showing that the
vehicle had been reported to the police as stolen prior to the time of the alleged
violation of this section is presented prior to the return date established on the
summons issued pursuant to this section to the court adjudicating the alleged
violation. Nothing herein shall limit the admission of otherwise admissible
evidence.
EXHIBIT
E
k A
E
https:glaw.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-844/ 11/15/2017
Page 2 of 2
The testimony of the school bus driver, the supervisor of school buses, or a law-
enforcement officer that the vehicle was yellow, conspicuously marked as a school
bus, and equipped with warning devices as prescribed in § 46.2-1090 is prima facie
evidence that the vehicle is a school bus.
B. A locality may, by ordinance, authorize the school division of the locality to
install and operate a video -monitoring system in or on the school buses operated by
the division or to contract with a private vendor to do so on behalf of the school
division for the purpose of recording violations of subsection A. Such ordinance
may direct that any civil penalty levied for a violation of subsection A shall be
payable to the local school division. In any locality that has adopted such an
ordinance, a summons for a violation of subsection A may be executed as provided
in § 19.2-76.2 and, notwithstanding the provisions of § 19.2-76, the summons may
be executed by mailing by first-class mail a copy thereof to the address of the owner
of the vehicle contained in the records of the Department. Every such mailing shall
include, in addition to the summons, a notice of (i) the summoned person's ability
to rebut the presumption that he was the operator of the vehicle at the time of the
alleged violation through the filing of an affidavit as provided in subsection A and
(ii) instructions for filing such an affidavit, including the address to which the
affidavit is to be sent. If the summoned person fails to appear on the date of return
set out in the summons mailed pursuant to this section, the summons shall be
executed in the manner set out in § 19.2-76.3. No proceedings for contempt or
arrest of a person summoned by mailing shall be instituted for failure to appear on
the return date of the summons. Any summons executed for violation of this section
shall provide to the person summoned at least 3o business days from the mailing of
the summons to inspect information collected by a video -monitoring system in
connection with the violation.
For purposes of this subsection, "video -monitoring system" means a system with
one or more camera sensors and computers installed and operated on a school bus
that produces live digital and recorded video of motor vehicles being operated in
violation of § 46.2-859. All such systems installed shall, at a minimum, produce a
recorded image of the license plate and shall record the activation status of at least
one warning device as prescribed in § 46.2 -logo and the time, date, and location of
the vehicle when the image is recorded.
1985, C. 511, § 46.1-212.1; 1987, c.1o6; 1989, C. 727;1997, cc. 622, 800, 9o8; 2001,
C. 126; 2002, C. 541; 2011, cc. 787, 838; 2016, cc. 637, 700.
https://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-844/ 11/15/2017
ORDINANCE NO. 11-02
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 9, MOTOR VEHICLES
AND TRAFFIC, OF THE CODE OF THE COUNTY OF PITTSYLVANIA, VIRGINIA.
BE IT ORDAINED by the Board of Supervisors of the County of Pittsylvania, Virginia,
that Chapter 9, Motor Vehicles and Traffic, of the Code of the County of Pittsylvania, Virginia,
is hereby amended and reordained as follows:
By Adding:
Article VIII.
Video-Monitorine System
Sec. 9-201. Definitions
Sec. 9-202. Authorization
Sec. 9-203. Passing Stopped School Buses Violations; Civil Penalty
PITTSYLVANIA COUNTY CODE
CHAPTER 9
MOTOR VEHICLES AND TRAFFIC
ARTICLE VIII.
VIDEO -MONITORING SYSTEM
Sec. 9-201. Definitions.
For the purposes of this article and, unless otherwise required by the context, "video -monitoring
system" shall mean a system with one (1) or more camera sensors and computers installed and
operated on a school bus that produces live and recorded video of motor vehicles being operated
in violation of Virginia Code § 46.2-859. Such system shall, at a minimum, produce a recorded
image of the license plate and shall record the activation status of at least one (1) warning device
as prescribed in Virginia Code § 46.2-1090 and the time, date, and location of the vehicle when
the image is recorded.
Sec. 9-202. Authorization.
A. Authorization. Pursuant to Virginia Code § 46.2-844, the County authorizes the School
Division to install and operate video -monitoring systems in or on the Division's school buses.
B. Private Entities. Pursuant to the Virginia Public Procurement Act, the School Division may
enter into an Agreement with a private entity to provide the video -monitoring systems and all
related support services, to include consulting, operations, and administration for the purpose of
Page I of 3 EXHIBIT
s S
E
recording violations of Virginia Code § 46.2-844 (A). A private entity may not obtain records on
behalf of the County regarding the registered owners of vehicles captured by a video -monitoring
system. Only a law enforcement officer employed by the County may issue a civil summons or
ticket pursuant to this Article.
C. Restricted Collection of Information. Personal information collected by a video -monitoring
system installed and operated pursuant to this Article shall be limited exclusively to that
information that is necessary for the enforcement of violations of Virginia Code §§ 46.2-844 (A)
or 46.2-859.
Sec. 903. Passing Stopped School Buses Violations; Civil Penalty.
A. Elements of Violation. The operator of a vehicle will be deemed to be in violation of this
Section if such vehicle is found, as evidenced from a video -monitoring system, to have failed to
stop such vehicle when approaching, from any direction, any school bus which is stopped on any
highway, private road, or school driveway for the purpose of taking on or discharging children,
the elderly, or mentally or physically handicapped persons, and the vehicle fails to remain
stopped until all such persons are clear of the highway, private road, or school driveway and the
bus is put in motion.
B. Evidence of violation. In any prosecution for which a civil summons is issued within ten (10)
days of the alleged violation, proof that the motor vehicle described in the summons was
operated in violation of this Section, together with proof that the Defendant was at the time of
such violation the registered owner of the vehicle, as required by Chapter 6 of Title 46.2 of the
Code of Virginia, 1950, as amended, shall give rise to a rebuttable presumption that the
registered owner of the vehicle was the person who operated the vehicle at the place where, and
for the time during which, the violation occurred.
The testimony of the school bus driver, the supervisor of school buses, or a law-enforcement
officer that the vehicle was yellow, conspicuously marked as a school bus, and equipped with
warning devices as prescribed in Virginia Code § 46.2-1090 is prima facie evidence that the
vehicle is a school bus.
C. Civil Summons. A civil summons shall contain, at a minimum, the following information: (i)
the name and address of the person charged; (ii) the nature of the violation and the Section of this
Chapter allegedly violated; (iii) the location and date that the violation occurred or was observed;
(iv) the amount of the civil penalty for the violation; (v) the manner, location, and time in which
the civil penalty may be paid to the County; and (vi) the right of the recipient of the summons or
ticket to elect to stand trial and that a signature to an admission of liability will have the same
force and effect as a judgment of a court. If the person issued a summons does not admit to
liability and pay the civil penalty, the person may be served with a summons pursuant to Virginia
Code § 19.2-74 to appear in court for trial.
D. Civil Penalties. The operator of a vehicle deemed to be in violation of this Section shall be
subject to the following:
Page 2 of 3
1. Amount of Civil Penalty. Any violation of this Section shall be subject to a civil penalty of
two hundred and fifty dollars ($250.00), payable to Pittsylvania County Public Schools.
2. Civil Penalties are in lieu of Criminal Penalties. A civil penalty imposed pursuant to this
Section is a bar to a prosecution or proceeding under Virginia Code § 46.2-859 for the same act.
Adopted this day of 2017.
ATTEST:
PC BOS Chairman
David M. Smitherman, PC BOS Clerk
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
Page 3 of 3
PITTSYLVANIA COUNTY CODE -
CHAPTER 9
MOTOR VEHICLES AND TRAFFIC
ARTICLE VIII.
Sec. 9-201. Definitions.
For the purposes of this article and, unless otherwise required by the context, "video -monitoring
system" shall mean a system with one (1) or more camera sensors and computers installed and
operated on a school bus that produces live and recorded video of motor vehicles being operated
in violation of Virginia Code § 46.2-859. Such system shall, at a minimum, produce a recorded
image of the license plate and shall record the activation status of at least one (1) warning device
as prescribed in Virginia Code § 46.2-1090 and the time, date, and location of the vehicle when
the image is recorded.
Sec. 9-202. Authorization.
A. Authorization. Pursuant to Virginia Code § 46.2-844, the County authorizes the School
Division to install and operate video -monitoring systems in or on the Division's school buses.
B. Private Entities. Pursuant to the Virginia Public Procurement Act, the School Division may
enter into an Agreement with a private entity to provide the video -monitoring systems and all
related support services, to include consulting, operations, and administration for the purpose of
recording violations of Virginia Code § 46.2-844 (A). A private entity may not obtain records on
behalf of the County regarding the registered owners of vehicles captured by a video -monitoring
system. Only a law enforcement officer employed by the County may issue a civil summons or
ticket pursuant to this Article.
C. Restricted Collection of Information. Personal information collected by a video -monitoring
system installed and operated pursuant to this Article shall be limited exclusively to that
information that is necessary for the enforcement of violations of Virginia Code §§ 46.2-844 (A)
or 46.2-859.
Sec. 903. Passing Stopped School Buses Violations; Civil Penalty.
A. Elements of Violation. The operator of a vehicle will be deemed to be in violation of this
Section if such vehicle is found, as evidenced from a video -monitoring system, to have failed to
stop such vehicle when approaching, from any direction, any school bus which is stopped on any
highway, private road, or school driveway for the purpose of taking on or discharging children,
the elderly, or mentally or physically handicapped persons, and the vehicle fails to remain
EXHIBIT
E
stopped until all such persons are clear of the highway, private road, or school driveway and the
bus is put in motion.
B. Evidence of violation. In any prosecution for which a civil summons is issued within ten (10)
days of the alleged violation, proof that the motor vehicle described in the summons was
operated in violation of this Section, together with proof that the Defendant was at the time of
such violation the registered owner of the vehicle, as required by Chapter 6 of Title 46.2 of the
Code of Virginia, 1950, as amended, shall give rise to a rebuttable presumption that the
registered owner of the vehicle was the person who operated the vehicle at the place where, and
for the time during which, the violation occurred.
The testimony of the school bus driver, the supervisor of school buses, or a law-enforcement
officer that the vehicle was yellow, conspicuously marked as a school bus, and equipped with
warning devices as prescribed in Virginia Code § 46.2-1090 is prima facie evidence that the
vehicle is a school bus.
C. Civil Summons. A civil summons shall contain, at a minimum, the following information: (i)
the name and address of the person charged; (ii) the nature of the violation and the Section of this
Chapter allegedly violated; (iii) the location and date that the violation occurred or was observed;
(iv) the amount of the civil penalty for the violation; (v) the manner, location, and time in which
the civil penalty may be paid to the County; and (vi) the right of the recipient of the summons or
ticket to elect to stand trial and that a signature to an admission of liability will have the same
force and effect as a judgment of a court. If the person issued a summons does not admit to
liability and pay the civil penalty, the person may be served with a summons pursuant to Virginia
Code § 19.2-74 to appear in court for trial.
D. Civil Penalties. The operator of a vehicle deemed to be in violation of this Section shall be
subject to the following:
1. Amount of Civil Penalty. Any violation of this Section shall be subject to a civil penalty of
two hundred and fifty dollars ($250.00), payable to Pittsylvania County Public Schools.
2. Civil Penalties are in lieu of Criminal Penalties. A civil penalty imposed pursuant to this
Section is a bar to a prosecution or proceeding under Virginia Code § 46.2-859 for the same act.
J. Vaden Hunt, Esq.
From:
Kim Van Der Hyde
Sent:
Wednesday, November 08, 2017 1:55 PM
To:
J. Vaden Hunt, Esq.
Cc:
Rebecca Flippen
Subject:
FW: Bus Cameras
This is what I got back from the schools on the bus cameras.
Kim Van Der Hyde
Director of Finance
Finance
PITTSYLVANIA COUNTY
VIRGINIA
Tel. (434) 432-7742
Fax. (434)432-7746
Kim.Vauderhvde(a'ipitteov.ore
www.nittsvlvan iacou ntvva.cov
I Center Street
P.O. Box 426
Chatham, VA
24531
Any e-mail or other correspondence sent to a member of the Board of Supervisors, or any other public official or employee of
Pittsylvania County, Virginia (the "County"), in the transaction of public business, is considered a public record. Public records are
subject to the Virginia Freedom of Information Act ("VA FOIA"). Virginia law requires the County to provide a copy of any such e-
mail, upon request, for inspection and copying to any citizen of the Commonwealth, or to any member of the news media, unless
lawfully exempted from production/disclosure under VA FOIA. If you have received this email or any attachments in error, please
notify the sender immediately at (434) 432-7700, and by reply email, and delete this email and any attachments to it from your inbox,
sent items, and deleted items. Thank you.
From: Tracey Worley[mailto:tracev.worlevgpcs.kl2.va.usl
Sent: Wednesday, November 8, 2017 9:16 AM
To: Kim Van Der Hyde <Kim.Vanderhvde@pittgov.orR>
Subject: Re: Bus Cameras
Hey!
There will be no cost to the BOS. Must have the ordinance in order to install camera. The reason for this is the number
of cars that are passing or not stopping when buses have the flashing lights on to load and unload students. It does cost
about $3,000 per bus to outfit with the camera. The plan is to install one or two cameras at this time and then just
move those buses around to areas that have high incidences of this happening.
Let me know if you need anything else. EXHIBIT
Tracey D
1 g
E
On Tue, Nov 7, 2017 at 3:39 PM, Kim Van Der Hyde <Kim Vanderhyde(aaittgov.org> wrote:
Hi Tracey,
The Board has been asked to hold a public hearing so that the School Board can put cameras on the buses to see who
is around the outside of the buses. Elton Blackstock wants assurance that in passing this ordinance that our Board is not
financially responsible for the cost of these cameras. I am sure that the School Board would have these funds budgeted
but wanted to get something from you stating that. Thanks Tracey!
Kim Van Der Hyde
Director of Finance
Finance
PITTSYIVANIA COUNTY
VIRGINIA
Tel. (434) 432-7742
Fox. (434) 432-7746
Kim.V anderhvde4r- pittzov.org
www nittsvlvaniaconntvva.eoV
1 Center Street
P.O. Box 426
Chatham, VA
24531
Any e-mail or other correspondence sent to a member of the Board of Supervisors, or any other public official or employee of
Pittsylvania County, Virginia (the "County"), in the transaction of public business, is considered a public record. Public records are
subject to the Virginia Freedom of Information Act ("VA FOIA"). Virginia law requires the County to provide a copy of any such e-
mail, upon request, for inspection and copying to any citizen of the Commonwealth, or to any member of the news media, unless
lawfully exempted from production/disclosure under VA FOIA. If you have received this email or any attachments in error, please
notify the sender immediately at (434) 432-7700, and by reply email, and delete this email and any attachments to it from your inbox,
sent items, and deleted items. Thank you.
Tracey R. Worley
Director of Finance
Pittsylvania County Schools
P.O. Box 232
39 Bank Street, SE
Chatham, VA 24531
434-432-2761, ext. 5024
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
BUSINESS MEETING
AGENDA TITLE: AGENDA DATE:
E911 Tower Public Hearing 1 11/28/2017
ACTION: ❑
Public Hearing to obtain citizen input on the
placement of an E911 tower on the Tunstall Fire &
Rescue property located at 740 Tunstall High Road in CONSENT AGENDA: ❑
Dry Fork, Virginia
ROLL CALL VOTE: ❑
STAFF CONTACT(S):
Van Der Hyde
ATTACHMENTS:
Public Hearing Notice
REVIEWED BY: C7ds
ITEM NUMBER:
9(b) Hearing 2
INFORMATION H
SUMMARY:
At the request of Chris Kulp of Hunton & Williams, bond counsel for Pittsylvania County, the County is
holding a public hearing tonight to hear citizen input concerning the placement of a E911 tower on the
Tunstall Fire & Rescue property. This public hearing is necessary because Tunstall Fire & Rescue is a
501(c)(3) organization. As such, the Internal Revenue Service requires a public hearing since the County
will be using 501(c)(3) property for the potential use of financed property. This public hearing was duly
advertised in the Star Tribune on November 8, 2017, which satisfies the IRS requirement of local newspaper
publication at least 14 calendar days in advance of the public hearing date. A copy of the public hearing
notice is attached for your review.
FINANCIAL IMPACT AND FUNDING SOURCE:
The county plans to undertake a lease/purchase equipment financing in an estimated maximum amount of $2
million to pay (a) the costs of new cell towers to be located within the geographic boundaries of the County
on a parcel owned by the Department with a street address of 740 Tunstall High Road, Dry Fork, Virginia
24549, and a parcel owned by the County with a street address of 980 Old Mayfield Road, Danville, Virginia
24541, (b) the costs of related equipment and (c) the costs and expenses related to undertaking the lease
financing.
Staff recommends that the Board of Supervisors listen to citizen input concerning the placement of a E911
tower at Tunstall Fire and Rescue located at 740 Tunstall High Road, Dry Fork, VA.
MOTION:
No action is required with this public hearing.
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Board of Supervisors (the "Board") of the County
of Pittsylvania, Virginia (the "County"), will hold a public hearing on its plans to un-
dertake an equipment financing to expand and improve the County's emergency com-
munications system. Such expansion and improvements will benefit the residents of
the County and will be used by employees of the County and the Tunstall Volunteer
Fire and Rescue, Inc. (the "Department").
The County plans to undertake a lease/purchase equipment financing in an esti-
mated maximum amount of $2,000,000 to pay (a) the costs of new cell towers to
be located within the geographic boundaries of the County on a parcel owned by
the Department with a street address of 740 Tunstall High Road, Dry Fork, Virginia
24549, and a parcel owned by the County with a street address of 980 Old Mayfield
Road, Danville, Virginia 24541, (b) the costs of related equipment and (c) the costs
and expenses related to undertaking the lease financing.
The Department is a not-for-profit, nonstock Virginia corporation that operates a
fire and rescue station located at 740 Tunstall High Road, Dry Fork, Virginia 24549.
Its mailing address is P.O. Box 575, Danville, Virginia 24543.
The financing will not constitute a debt or pledge of the faith and credit of the
Commonwealth of Virginia or any political subdivision thereof, including the County.
Neither the Commonwealth of Virginia nor any political subdivision thereof, includ-
ing the County, shall be obligated to repay the principal or interest components due
under the lease/purchase financing arrangement, except from the monies appropriated
by the Board from time to time for such purpose.
The public hearing shall be held by the Board, on behalf of itself and the Depart-
ment, at 7:00 p.m. on Tuesday, November 28, 2017, in the Pittsylvania Court General
District Courtroom, Edwin R. Shields Courthouse Addition, 11 Bank Street, Cha-
tham, Virginia 24531. Interested persons may appear at such time and place and
present their views.
CLERK, BOARD OF SUPERVISORS,
COUNTY OF PITTSYLVANIA, VIRGINIA
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
BUSINESS MEETING
AGENDA TITLE:
Danville-Pittsylvania Community Services (DPCS)
Annual Report
Presentation of DPCS Services Annual Report
STAFF CONTACT(S):
Ms. Van Der Hyde
AGENDA DATE:
11-28-2017
ACTION: ❑
CONSENT AGENDA: ❑
ROLL CALL VOTE: ❑
ITEM NUMBER:
10
INFORMATION: 21
ATTACHMENTS:
1) Summarized copy of Annual Report
Sus
SUMMARY:
Annually, the Danville-Pittsylvania Community Services (DPCS) Board makes a report to the governing
bodies of Pittsylvania County and the City of Danville concerning programs operated by their agency. Jim
Bebeau, Executive Director, and Kim Van Der Hyde, DPCS Board Member from DPCS will be presenting
the annual report.
FINANCIAL IMPACT AND FUNDING SOURCE:
N/A
Staff submits this to the Board of their review and consideration.
MOTION:
No motion necessary.
WHO WE ARE, WHO WE SERVE, Rov WHAT WE DO
Danville- Pittsylvania Community Services • 2017 Annual Report
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Board of Directors
Robert Warren
Chairperson
Pittsylvania Co.
Shelby Irving
Vice Chairperson
City of Danville
Danville-Pittsylvania Community Services - 2017 Annual Report • Page 2
Introduction
As Chairperson of the Danville-Pittsylvania Community Services' (DPCS) Board of
Directors, It gives me great pleasure to present to the community our Annual Report
for Fiscal Year 2017 (July 1, 2016 to June 30, 2017). This year the message to our
community is simple -a focus on Who We Are, Who We Serve, and What We Do.
Who We Are: We are a workforce nearly 300 strong composed of men and women
who are passionate about helping others live, work, and play in their communities
at their maximum potential. Each of us brings a particular skill, passion, and focus
that makes an impact each and every day on the lives of those we are honored
to serve. We are a volunteer Board of Directors composed of 15 citizens dedicated
to our community, Seven Directors are from the City of Danville and eight are from
Pittsylvania County.
Jessie Barksdale
Secretary
Who We Serve: We work with infants, toddlers, children, adolescents, adults, and
Pittsylvania Co.
seniors -everyone in our community. On average, through treatment services or
prevention programs, we connect with one in ten residents of Pittsylvania County
James F. Bebeau, LPC
and the City of Danville.
Executive Director
CITY OF DANVILLE
What We Do: Altogether, the Agency operates almost 50 unique programs across its
Gwendolyn Edwards
Developmental, Behavioral Health, and Prevention Services Divisions for adults and
Rufus Fuller III
children. In this past year, DPCS directly served 17,316 individuals in the City of Danville
Anne Geyer
and Pittsylvania County through 187,195 distinct units of service.
ul
MichaelOn
behalf of the 15 volunteer members of our Board of Directors and the staff, it is
Frank Wicketskers
an honor and privilege to bring you an Annual Report sharing Who We Are, Who We
PITTSYLVANIA COUNTY Serve, and What We Do In the City of Danville and Pittsylvania County
Julie Brown
Gracie Mays Sincerely,
Ronald Merricks/,,¢/, /
Jacqueline Satterfield `'Z W dd,�_
Faith Stamps Robert "Bob" Warren
Mm Van Der Hyde Chairperson
IF 4 DPCS 1 the Who We Serve
Local11 1 Community Services
By the Numbers Number of People Served by DPCS during FY 2017*
City of Danville and Pittsylvania County dollars
in the amount of $920,679 were utilized to
generate $18,311,633 in fees, revenues, and
grant funds for a total economic impact of
$19,232,312.
DPCS is a Danville-Pittsylvania County top 20
employer. During FY 2017, DPCS employed
291 full-time, part-time, and contract staff
and paid $14,377,195 in compensation and
benefits. The majority of our 291 employees
live and pay taxes in Danville and Pittsylvania
County. One hundred twenty-four DPCS
employees reside in Danville and 110 reside in
Pittsylvania County.
Total expenditures for the year came to
$18,897,502.
Program
Areas
Mental
Health
Substance
Use
Dually
Diagnosed
Emergency
Services
Developmental
Services
Prevention
Total
*Individuals may be served by more than one program.
Page 3 • 7017 Annual Report - Danville-Pittsylvania Community Services
��!�l COUNTER
RVITI• 1 JkR A.� 6I� TOOLS
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Prevention Services
• Red Ribbon Week - Prevention Services partners with Pittsylvania
County and Danville Public Schools for this national drug use
prevention campaign. Materials are purchased for each school to
customize their campaign. In FY 2017, Prevention Services touched
1,198 students during Red Ribbon Week.
• Mental Health First Aid - Prevention Services offers this training in
the Danville-Pittsylvania community to people who wantto be better
prepared to assist someone experiencing a mental health crisis.
DPCS trained 80 community members from various sectors during FY
2017, and also trained four more staff as trainers. Modules are now
available for target populations: Military, Aging, Higher Education,
and Public Safety.To register for a class, call 434.799.0456 ext. 3810.
• Inside Out Dad - Prevention Services partners with the local jails in
Pittsylvania County and the City of Danville to provide this program
for incarcerated men.The program connects fathers to their families,
helping them to improve behavior while still incarcerated. These
fathers learn the skills needed to become more involved, responsible,
and committed in the lives of their children, providing increased
motivation for them to get out of jail and stay out, In FY 2017, the
program served 44 incarcerated men.
• Counter Tools -Through the Virginia Department ofBehavioralHealth
and Developmental Services, Prevention Services has partnered to
implement the Counter Tools Project. The project Includes verifying
all tobacco retailers in our area, providing valuable merchant
educatlon training and completing an environmental scan. Verifying
is important because there is no license or comprehensive list of
tobacco merchants. Merchant Education is important in order to
reduce the number of underage purchases of tobacco products.
Environmental scans are important because research has shown
that teens who visit stores with a high number of tobacco ads are
twice as likely to try smoking.
• Community Needs Assessment - Prevention Services, in partnership
with the Regional Alliance for Substance Abuse Prevention, has
completed a comprehensive, community -wide needs assessment
looking at drug use. Priority areas selected include: Opioid Misuse in
both the City and County, Underage Drinking in Pittsylvania County
and Marijuana Use in the City of Danville. Action plans are being
developed to include more youth involvement in prevention activitles.
Prevention Services • FY2017
individuals
by DPCS Pr
Services
f t youth atte
r*
New Hor¢o
Adventure
®individuals i community
five parenti received A
Mental H
®families se - Aid Training
Healthy Fam
nd
r youth partie t atteandedm
r Too Good for
®9th graders
completed -u
Sources of Revenue
Fiscal Year 2017
FederalLocal
$1,241,743 • 6.46%l $920,679
4.79%
(includes
in-kind)
rcw
$326,377
1.69%
Expenditures by Division
Yvvc,aiw
3.55%
Central
Prevention Administration
Services Services*
$1,254,172 $2,276,482
6.64% 12.05%
('Board Administration, Finance, Human Resources,
Fleet Maintenance, Compliance & Information Systems)
Danville-Pittsylvania Community Services - 2017 Annual Report • Page 4
What We Do
Developmental Services
Developmental Services
and Behavioral
Health Services
As a result of Virginia's Medicaid Home and Community Based
FY 2017
Waivers Redesign, the Developmental Services Division's target
individuals in Danville and
population expanded to include all individuals with developmental
disabilities, notjust the subset of individuals with intellectual disabilities.
Pittsylvania County have
Medicaid Waiver slots
This expansion led to 53 new individuals with a developmental disability
diagnosis receiving Case Management from the Developmental
Medicaid Developmental
Services Division.
Community Engagement is a newly available service of the Develop -
Disability Waiver slots were
mental Day Services program. Community Engagement services are
assigned in our locality
to support
designed individuals as they acquire, retain, or improve skills
during FY 2017
necessary to build positive social behavior, interpersonal competence,
®children
served by
greater independence, employability, and personal choice.These skills
are necessary to access typical activities in community life such as
r
Developmental and Mental
those chosen by the general population. During FY 2017,31 individuals
Health Services
actively participated in Community Engagement.
• The Department of Justice Settlement Agreement requires that
t 1
n
adults receiving Outpatient
and Psychiatric Behavioral
individuals are served in the most integrated settings appropriate to
meet their needs consistent with their choices. One of the initiatives of
Health Services
the Agreement is to assist individuals living in training centers through-
out Virginia to access supports and services in their local community.
During FY 2017, DPCS Case Management assisted four individuals with
adults receiving
their moves into the community from Central Virginia Training Center.
Emergency Services
KEWindividuals
served by DPCS
operated Residential Programs
What We Do
individuals served by
Behavioral Health Services
Developmental and Mental
Child and Family Services - Behavioral Health's crisis intervention/
Health Day Support
liaison works closely with the school systems to address crisis calls and
avoid unnecessary emergency service visits. During the previous school
Case Management
year, the crisis counselor served 26 school aged students, with 13 of
service hours
those students resulting in full prescreenings. The position was not filled
for half of the school year.
individuals served through
Adult Clinical Services - The Alpha Jail and Aftercare Program is a
Case Management
Behavioral Health partnership with the Danville City Jail providing quality
care for individuals seeking substance use services while incarcerated.
and adolescents
Treatment continues after release at DPCS. June 1, 2017 marked the
®children
incarcerated at W. W. Moore
successful completion of the first year of this program, which served 36
Juvenile Detention Home
clients in the City Jail and 24 in the Aftercare portion of the program.
provided Case Management
Intensive Community Services -The Program for Assertive Community
Services
Treatment (PACT) provides individual'¢ed, community-based treatment,
rehabilitation, and support designed to meet the needs of 87 adults
r
Telemedicine and Medication
with serious mental illness who often require 24-hour service availability
E r
Management appointments kept
to avoid hospitalization. During FY 2017, 96% of PACT individuals were
successfully treated in the community and did not require Inpatient
Units of Service for
treatment. The Psychosocial Rehabilitation Program Is seeing an
I I
Psychosocial Rehabilitation-
increase in group participation. New groups have been added
"Keep
Harmony House individuals
including a Computer Group, Calm and... " which uses various
"Our
stress management techniques, and Time," a peer led recovery
group. The program is increasing the number of community outings
r
individuals served by Program for
taken each year. Mental Health Case Management is increasing its
r
Assertive Community Treatment
utilization of Certified Peer Recovery Specialists (CPRS). CPRS have
a greater involvement in discharge planning, re-entry, and group
r I i
Adult Outpatient
services. Our CPRS became certified as trainers and will begin training
r
service hours
other Peer Recovery Specialists for certification.
®service
hours for outpatient
• Medical Services - Behavioral Health Services has increased service
hours available for children and adolescents with the addition of a
r
children, adolescents, and
telemedicine doctor who is certified to treat adults and children.
their families
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
E911 Tower Debt Refinance Resolution
Approval of Resolution #2017-11-01 concerning the
refinance of the E911 tower project
STAFF CONTACT(S):
Van Der Hyde
AGENDA DATE: ITEM
11/28/2017 11(a)
ACTION: ® INFORMATION: ❑
CONSENT AGENDA: ❑
ROLL CALL VOTE: YJ
ATTACHMENTS:
1. E911 Debt Refmance Resolution #2017-11-01
2. Bank of America Term Sheet including Amortization
Schedule
�%dS
SUMMARY:
The Computer/Radio/Telecommunications committee has been working to resolve a dead zone issue in
several areas of the County for fire and rescue service including the Tunstall area in Dry Fork and the
Mayfield Road area near Berry Hill Road. The committee has determined that placing 2 additional towers in
these areas would significantly improve radio reception and enable all rescue calls to be received. One tower
would be located at Tunstall Fire and Rescue and the other would be located at the Mayfield Road compactor
site location. The cost of this project is anticipated not to exceed $2 million. A resolution must be approved
by the Board of Supervisors to proceed with the debt refinance.
FINANCIAL IMPACT AND FUNDING SOURCE:
The 8 original towers were financed by Bank of America in 2012 at a total cost of $13.4 million to be repaid
over a 10 year period. Bank of America is willing to refinance this lease to include the 2 additional towers.
The new fiananced amount would be $10,987,800 at an interest rate of 2.26%. This deal would extend the
repayment schedule of these towers by 2 years to 2025. A copy of the bank term sheet and amortization
schedule is attached for your review. Debt service payments will only increase slightly to cover the a small
portion of principal and the interest on the additional amount until the last 2 years. The majority of the cost
or $1.8 million will be paid in FY2024 and FY2025. Closing on this refinance is scheduled for 12-01-17, if
approved.
RECOMMENDATION:
Staff recommends that the attached E911 Debt Refinance Resoltuion (Resolution #2017-11-01) be approved
MOTION:
"I make a motion that the Board of Supervisors approve the E911 Debt Refinance Resolution (Resolution
#2017-11-01) and authorize staff to obtain the necessary signatures to finalize the paperwork needed for
closing."
COVERING CERTIFICATE FOR RESOLUTION
The undersigned Clerk of the Board of Supervisors of the County of Pittsylvania,
Virginia (the "Board"), certifies as follows:
1. Attached hereto is a true, correct and complete copy of a resolution entitled
"RESOLUTION AUTHORIZING THE COUNTY OF PITTSYLVANIA, VIRGINIA, TO ENTER
INTO A SCHEDULE OF PROPERTY UNDER AN EXISTING MASTER EQUIPMENT LEASE
PURCHASE AGREEMENT TO FINANCE IMPROVEMENTS TO THE COUNTY'S
EMERGENCY COMMUNICATIONS SYSTEM AND TO REFINANCE CERTAIN
OUTSTANDING RENTAL PAYMENTS UNDER THE MASTER LEASE PURCHASE
AGREEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH
SCHEDULE OF PROPERTY" (the "Resolution"), as adopted at a regular meeting of the Board
held on November 28, 2017, by the recorded affirmative roll -call vote of a majority of all
members elected to the Board.
2. Such meeting of the Board was held at the time and place established by the
Board for its regular meetings.
3. The minutes of such meeting reflect the attendance of the members and their
votes on the Resolution as follows:
Member Attendance Vote
(Present/Absent) (Aye/Nay/Abstain)
Tim R. Barber
Jessie L. Barksdale
Elton W. Blackstock
Joe Davis
Jerry A. Hagerman
Ronald Scearce
Robert "Bob" Warren
4. The Resolution has not been repealed, revoked, rescinded or amended and is in
full force and effect on the date hereof.
WITNESS my signature and the seal of the County of Pittsylvania, Virginia, this
day of 12017.
(SEAL)
David M. Smitherman, Clerk, Board of
Supervisors, Pittsylvania County, Virginia
Resolution 2017-I1-01
RESOLUTION AUTHORIZING THE COUNTY OF
PITTSYLVANIA, VIRGINIA, TO ENTER INTO A
SCHEDULE OF PROPERTY UNDER AN EXISTING
MASTER EQUIPMENT LEASE PURCHASE AGREEMENT
TO FINANCE IMPROVEMENTS TO THE COUNTY'S
EMERGENCY COMMUNICATIONS SYSTEM AND TO
REFINANCE CERTAIN OUTSTANDING RENTAL
PAYMENTS UNDER THE MASTER LEASE PURCHASE
AGREEMENT AND AUTHORIZING THE EXECUTION
AND DELIVERY OF SUCH SCHEDULE OF PROPERTY
WHEREAS, the County of Pittsylvania, Virginia (the "County"), and Banc of America
Public Capital Corp (the "Lessor") have previously entered into a Master Equipment Lease
Agreement (the "Master Lease Agreement"), and a Schedule of Property No. 1 ("Schedule No.
1"), each dated as of February 24, 2012, to finance the acquisition and installation of certain
emergency communications equipment;
WHEREAS, the Board of Supervisors of the County (the `Board") desires to finance
additional improvements to the County's emergency communications system, including but not
limited to the acquisition, installation and equipping of new cell towers and related equipment
(collectively, the "Equipment"), for use by the County and the Tunstall Volunteer Fire and
Rescue, Inc.;
WHEREAS, the Lessor has offered to refinance the outstanding rental payments due
under Schedule No. I (the "2012 Rental Payments"); and
WHEREAS, the County Administration has recommended that the County enter into a
Schedule of Property No. 2 under the Master Lease Agreement ("Schedule No. 2" and, together
with the Master Lease Agreement, the "Lease Agreement"), the form of which has been
presented to this meeting, to finance the acquisition, installation and equipping of the Equipment
and to refinance the 2012 Rental Payments;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF
PITTSYLVANIA, VIRGINIA:
1. The Board (a) has determined that it is in the best interests of the County and its
residents to proceed with the lease/purchase financing of the Equipment and the refinancing of
the 2012 Rental Payments and (b) authorizes the acquisition, installation and equipping of the
Equipment and refinancing the 2012 Rental Payments through the execution of Schedule No. 2
with the Lessor in accordance with the terms of the Master Lease Agreement, the bid of the
Lessor dated October 24, 2017 (attached hereto as Exhibit A), and this Resolution.
2. The County Administrator (which term shall include the Assistant County
Administrator) is authorized to negotiate with the Lessor and to accept such pricing terms as the
County Administrator shall determine to be in the best interests of the County; provided
however, that (a) the aggregate amount of principal components of basic rent (the "Basic Renf')
payable under the Lease Agreement shall not exceed $10,987,800, (b) the Lease Agreement shall
terminate no later than December 31, 2026, and (c) the interest components of Basic Rent
payable under the Lease Agreement shall bear interest at an annual rate not to exceed 2.26%
(exclusive of any interest penalties and subject to adjustment as set forth in the Lease
Agreement). The County Administrator is further authorized to determine the payment dates and
installment amounts of Basic Rent (comprising both principal and interest components) due
under the Lease Agreement and the provisions relating to any prepayment of such Basic Rent
(including any make-whole prepayment price).
3. The County Administrator is authorized to execute a final form of Schedule No. 2
substantially in the form presented to this meeting, which is hereby approved, with such
completions, omissions, insertions and changes not inconsistent with this Resolution and the
Master Lease Agreement as may be approved by the County Administrator. The execution by
the County Administrator of Schedule No. 2 and the delivery thereof to the Lessor shall
constitute conclusive evidence of the County Administrator's approval of the final form of
Schedule No. 2 and any related completions, omissions, insertions and changes. The officers of
the County are authorized and directed to execute and deliver all certificates and instruments,
including any project escrow agreement or restricted account agreement, and to take all actions
necessary or desirable in connection with the execution and delivery of Schedule No. 2.
4. The County is authorized to grant a security interest in the Equipment acquired
with the proceeds under the Lease Agreement as security for the prompt payment when due of
amounts payable and the performance by the County of its other obligations under the Lease
Agreement.
5. The Board determines that the acquisition and continuing use of the Equipment
and the financing of the same through the Lease Agreement are necessary and proper to the
efficient operation of the County and will continue to be necessary and proper to the efficient
operation of the County through the fiscal year ending June 30, 2027.
6. The undertaking by the County to make payments under the Lease Agreement
shall be a limited obligation payable solely from funds to be appropriated from time to time by
the Board for such purpose and shall not constitute a debt of the County within the meaning of
any constitutional or statutory limitation or a pledge of the faith and credit or the taxing power of
the County beyond any fiscal year for which the County has appropriated funds for such purpose.
7. The County believes that funds sufficient to make payment of all amounts payable
under the Lease Agreement can be obtained. While recognizing that it is not empowered to
make any binding commitment to make such payments beyond the current fiscal year, the Board
states its intent to make annual appropriations for future fiscal years in amounts sufficient to
make all such payments and recommends that future boards do likewise during the term of the
Lease Agreement. The Board directs the County Administrator, or such other officer as may be
charged with the responsibility for preparing the County's annual budget, to include in the
budget for each fiscal year during the term of the Lease Agreement an amount sufficient to make
all rental payments payable under the Lease Agreement during such fiscal year.
8. The County covenants that it will not take or omit to take any action the taking or
omission of which will cause the Lease Agreement to be an "arbitrage bond" within the meaning
2
of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), and regulations
issued pursuant thereto, or otherwise cause interest on the proceeds under the Lease Agreement
to be includable in the gross income of the Lessor, and its successors and assigns, under current
law. Without limiting the generality of the foregoing, the County shall comply with any
provision of law that may require the County at any time to rebate to the United States any part
of the earnings derived from the investment of the gross proceeds under the Lease Agreement,
unless the County receives an opinion of nationally recognized bond counsel that such
compliance is not required to prevent interest on the proceeds under the Lease Agreement from
being includable in the gross income for federal income tax purposes of the Lessor, and its
successors and assigns, under existing law.
9. Such officers of the County as may be requested by the County's special tax
counsel are authorized and directed to execute an appropriate certificate setting forth (a) the
expected use and investment of the proceeds under the Lease Agreement to show that such
expected use and investment will not violate the provisions of Section 148 of the Code and (b)
any elections such officers deem desirable regarding rebate of earnings to the United States for
purposes of complying with Section 148 of the Code. Such certificate shall be prepared in
consultation with the County's special tax counsel, and such elections shall be made after
consultation with such special tax counsel.
10. The County covenants that during the term of the Lease Agreement it shall not
permit the proceeds of the Lease Agreement or the Equipment to be used in any manner that
would result in (a) 5% or more of such proceeds or the Equipment being used in a trade or
business carried on by any person other than a governmental unit or a 501(c)(3) organization (to
the extent such use does not constitute unrelated trade or business use), as provided in Section
141(b) of the Code, or (b) 5% or more of such proceeds being used directly or indirectly to make
or finance loans to any persons other than a governmental unit or a 501(c)(3) organization (to the
extent such use does not constitute unrelated trade or business use), as provided in Section 141(c)
of the Code; provided, however, that if the County receives an opinion of a nationally recognized
bond counsel firm that any such covenants need not be complied with to prevent the interest
components of basic rent from being includable in the gross income for Federal income tax
purposes of the Lessor under existing law, the County need not comply with such covenants.
11. All other actions of the County in conformity with the purposes and intent of this
Resolution and in furtherance of entering into the Lease Agreement, financing the acquisition,
installation and equipping of the Equipment and refinancing the 2012 Rental Payments are
approved and confirmed.
12. All resolutions or parts of resolutions in conflict herewith are repealed.
13. This Resolution shall take effect immediately.
3
99900.14463 EMF_US 67117285x4
EXHIBIT A
EQUIPMENT LISTING
The Lessee may finance the following emergency E911 equipment or such other
equipment as Lessor and Lessee may agree for purposes of this Schedule, as described below:
Equipment Refinanced Pursuant to Schedule of Property No. 2
The E911 radio communications equipment to be located at each of nine sites in the
County known generally as the Callands Compactor Site, the Grit Road Site, the Mt. Airy Site,
the Rockford School Road Site, the White Oak Mountain Site, the Brosville Site, the Dan River
Middle School Site, the Smith Mountain Site and the ECC Site and certain of portable equipment
as described below:
Callands Compactor Site
VHF Radio Infrastructure Equipment
VHF Base Stations
Transmit Combiners
VHF Antenna System
Paging System
Cabinets/Power Supplies and Misc. Hardware
Simulcast Controller and HA Switch
System Status Monitor Sub -System
Test Equipment
5 Consoles and Console Furniture
Mux/Routers
Fiber Optic
Dieital Microwave Equipment
HSB Radio
Multiplex Equipment
Loop Switch
Power Supply and Battery
Antenna System
Spare Equipment
VHF Radio Infrastructure Equipment
VHF Base Stations
Transmit Combiners
VHF Antenna System
Paging System
Cabinets/Power Supplies and Misc. Hardware
Simulcast Controller
System Status Monitor Sub -System
Test Equipment
Mux/Routers
Site Facilities Equipment
Fencing
Grounding and Surge Protection
Prefabricated Shelter
Emergency Generator and Fuel System
UPS and Batteries
RF Antennas
Cable Ladder on Tower
Tower and Associated Equipment
300 ft. Self -Supporting Tower
Grit Road Site
Site Facilities Equipment
Fencing
Grounding and Surge Protection
Prefabricated Shelter
Emergency Generator and Fuel System
UPS and Batteries
RF Antennas
Digital Microwave Equipment
HSB Radio
Multiplex Equipment
Loop Switch
Power Supply and Battery
Antenna System
Spare Equipment
VHF Radio Infrastructure Equipment
VHF Base Stations
Transmit Combiners
VHF Antenna System
Paging System
Cabinets/Power Supplies and Misc. Hardware
Simulcast Controller
System Status Monitor Sub -System
Test Equipment
Mux/Routers
Digital Microwave Equipment
HSB Radio
Multiplex Equipment
Loop Switch
Power Supply and Battery
Antenna System
Spare Equipment
VHF Radio Infrastructure Equipment
Tower and Associated Equipment
195 ft. Self -Supporting Tower
Mt. Airy Site
Site Facilities Equipment
Fencing
Grounding and Surge Protection
Prefabricated Shelter
Emergency Generator and Fuel System
UPS and Batteries
RF Antennas
Cable Ladder on Tower
Tower and Associated Equipment
Rockford School Road Site
VHF Base Stations
Transmit Combiners
VHF Antenna System
Paging System
Cabinets/Power Supplies and Misc. Hardware
Simulcast Controller
System Status Monitor Sub -System
Test Equipment
Mux/Routers
Digital Microwave Equipment
HSB Radio
Multiplex Equipment
Loop Switch
Power Supply and Battery
Antenna System
Spare Equipment
195 ft. Self -Supporting Tower
Site Facilities Equipment
Fencing
Grounding and Surge Protection
Prefabricated Shelter
Emergency Generator and Fuel System
UPS and Batteries
RF Antennas
Cable Ladder on Tower
Tower and Associated Equipment
195 ft. Self -Supporting Tower
VHF Radio Infrastructure Equipment
VHF Base Stations
Transmit Combiners
VHF Antenna System
Paging System
Cabinets/Power Supplies and Misc. Hardware
Simulcast Controller
System Status Monitor Sub -System
Test Equipment
Mux/Routers
Digital Microwave Equipment
HSB Radio
Multiplex Equipment
Loop Switch
Power Supply and Battery
Antenna System
Spare Equipment
VHF Radio Infrastructure Equipment
VHF Base Stations
Transmit Combiners
VHF Antenna System
Paging System
Cabinets/Power Supplies and Misc. Hardware
Simulcast Controller
System Status Monitor Sub -System
Test Equipment
Mux/Routers
Digital Microwave Equipment
HSB Radio
Multiplex Equipment
Loop Switch
Power Supply and Battery
Antenna System
Spare Equipment
VHF Radio Infrastructure Equipment
White Oak Site
Site Facilities Equipment
Grounding and Surge Protection
UPS and Batteries
RF Antennas
Cable Ladder on Tower
Tower and Associated Equipment
300 ft. Self -Supporting Tower
Brosville Site
Site Facilities Equipment
Fencing
Grounding and Surge Protection
Prefabricated Shelter
Emergency Generator and Fuel System
UPS and Batteries
RF Antennas
Tower and Associated Equipment
250 ft. Self -Supporting Tower
Dan River Middle School Site
VHF Base Stations
Transmit Combiners
VHF Antenna System
Paging System
Cabinets/Power Supplies and Misc. Hardware
Simulcast Controller
System Status Monitor Sub -System
Test Equipment
Mux/Routers
Site Facilities Equipment
Fencing
Grounding and Surge Protection
Prefabricated Shelter
Emergency Generator and Fuel System
UPS and Batteries
RF Antennas
Digital Microwave Equipment
HSB Radio
Multiplex Equipment
Loop Switch
Power Supply and Battery
Antenna System
Spare Equipment
VHF Radio Infrastructure Equipment
Tower and Associated Equipment
300 ft. Self -Supporting Tower
Smith Mountain Site
VHF Base Stations
Transmit Combiners
VHF Antenna System
Paging System
Cabinets/Power Supplies and Misc. Hardware
Simulcast Controller
System Status Monitor Sub -System
Test Equipment
Mux/Routers
Dieital Microwave Equipment
HSB Radio
Multiplex Equipment
Loop Switch
Power Supply and Battery
Antenna System
Spare Equipment
VHF Radio Infrastructure Equipment
VHF Base Stations
Transmit Combiners
VHF Antenna System
Paging System
Cabinets/Power Supplies and Misc. Hardware
Simulcast Controller
System Status Monitor Sub -System
Test Equipment
Mux/Routers
Dieital Microwave Equipment
HSB Radio
Multiplex Equipment
Loop Switch
Power Supply and Battery
Antenna System
Spare Equipment
968 Radios
800 Pagers
Miscellaneous Base Stations
Site Facilities Equipment
Fencing
Grounding and Surge Protection
Prefabricated Shelter
Emergency Generator and Fuel System
UPS and Batteries
RF Antennas
Tower and Associated Equipment
250 ft. Self -Supporting Tower
ECC Site
Other Miscellaneous Equipment
Equipment Financed Pursuant to Schedule of Property No. 2
[Insert Equipment Description/Location]
EXHIBIT B
RENTAL PAYMENT SCHEDULE [BAPCC TO PROVIDE]
Rental
Payment
Date
Rental
Payment
Amount
Interest
Portion
Principal
Portion
Outstanding
Balance
Purchase
Price
[including
Prepayment
Premium]
Total
Purchase Price is equal to 100% of the Principal components of Rental Payments then
remaining outstanding as of such Rental Payment date, plus any other amounts due and owing
under the Lease. The Purchase Price represents a payment in addition to the Rental Payment
amount due on such Rental Payment date.
For purposes of this Lease, "Taxable Rate, " with respect to the interest component of
Rental Payments, means an annual rate of interest equal to [1%.
LESSEE:
County of Pittsylvania, Virginia
David M. Smitherman, County Administrator
36841.000013 EMF_US 67190320x2
Charles T. Maguire
Senior Vice President
Government raptipment Finance
October 24, 2017
Pittsylvania County, VA
BankofAmerica'�I
Merrill Lynch
Banc ol'America Public Capital Corp
VA2300-18-02
I I I I E. Main Street 18th Floor
Richmond, VA 23219
Email: charles.moguire(wbamixom
Tel: (804)489-5044
Farr: (804) 262-8344
Banc of America Public Capital Corp ("BAPCC") is pleased to submit to you ("Lessee") the lease financing
proposal (the "Proposed Transaction") described in the attached Summary of Terms and Conditions (the "Term
Sheet").
We would like to document this as a schedule to the original master lease.
This letter and the Tenn Sheet (collectively, the "Proposal" or "Proposal Letter") include only a brief description
of the principal terms of the Proposed Transaction, and are intended for discussion purposes only. This Proposal
Letter is not intended to and does not create any binding legal obligation on the part of either party. BAPCC will
not be obligated to provide any financing until the satisfactory completion of its credit, legal and investment
approval process. The terms and conditions of this Proposal Letter shall be superseded by and shall no longer be
effective upon the execution and delivery of final legal documentation with respect to this Proposed Transaction.
This Proposal must be accepted on or before November 3, 2017 in order for BAPCC to proceed with its
consideration of the Proposed Transaction. To accept this proposal, please sign the enclosed copy of this letter
and return it, by no later than November 3, 2017 to:
Banc of America Public Capital Corp
1111 E. Main Street, 18" Floor
Richmond, VA 23832
P — 804-489-5044
F — 804-788-3432
We appreciate this opportunity to present Bank of America.
Very truly yours,
&*Tw 7. XtgWra
Charles T. Maguire
Senior Vice President
^Bank of America Merrill Lynch" is the marketing name for the global banking and global markets businesses of Bank ofAmorica Corpomlion. Lending,
derivatives, leasing, equipment finance, and other commercial banking activities are performed globally by banking affiliates of Bank of America
Corporation, including Bank of America. N.A., Member FDIC. Securities, strategic advisory, and other investment banking activities ate performed globally
by investment banking affiliates of Bank of America Corporation ('.Investment Banking Affiliates"), including, in the United States, Merrill Lynch, Pierce,
Fenner & Smith Incorporated and Merrill Lynch Professional Clearing Corp., both of which aro registered bmkerdealms and Members of SIPC. and, in
other jurisdictions, by locally registered entities. Merrill Lynch, Pierce, Fenner & Smith Incorporated and Merrill Lynch Professional Clearing Corp.
are registered as futures commission merchants with the CFTC and are members of the NPA. BAPCC is not a municipal advisor and is not subjeono the
fiduciary duty established in Section 15B(c)(I) of the Securities Exchange Act or 1934, es amended, with respect to any municipal financial product on, issuance
of municipal securities. no, information provided in this document is not intended to be and should act be construed as -advice-with the meaning Section 15B
ofthe Securities Exchange Am of 1934 and the municipal advisor rules ofdm SEC. Investment products onered by Investment Banking Affiliates: Are Na
FDIC Insured • May Lose Value • Are Not Bank Guaranteed. 02016 Bank of America Corporation
Page 2
The undersigned, by its authorized representative below, accepts the above proposal, agrees to furnish Lessor, its
successors and assigns, any information relating to the business or financial condition of Lessee or its affiliates,
and authorizes Lessor, Bank of America, National Association, and their affiliates to disclose to, discuss with and
distribute such information (and any information they may already have) to any other affiliates or proposed
assignees or successors of Lessor.
County, VA
Title:
Date: to 4 k l7
*Pittsylvania County obligations
related to the proposal or the
transaction are subject -to future
Board of Supervisors' approval.
(Meeting set for November 28, 20171
The contents of thisproposa/and any subsequent discussions between us, including any andall infonration. recommendations, opinions,
indicative pricing, quotations and analysis with respect to any municipal financial product w issuance ofmufticipal secvmlties, are provided
to you in reliance upon the exempilon provided for responses to requests for proposals or qualifications under the municipal advisor rules
(the "Rules') ofthe Securities and Exchange Commission (240 CFR ISHal-1 et seq.).
The Staff of the SEC's Office of Municipal Securities las issued guidance which provides that, in order for a request for proposals to be
consistent with this exemption, it must (a) identfy a particular objective. (b) be open fw not more than a reasonable period airtime (up to six
months being generally considered as reasonable). and (c) involve a competitive process (such as by being provided to at least three
ma ably conpelitive market participants) or by being publicly posted to yow ofcial website. In submintng this proposal, we have relied
upon your compliance with Misguidance.
In submitting this proposal. we are not undertaking to act as a "municipal advisor" to you or any other person within the meaning ofthe
Rules. In connection with this proposal and the transactions described herein, we are not subject to, and we hereby disclaim, any fiduciary
duty to you or to any other person. We understand thal you will consult wilh and rely on the advice ofyour men rmmicipal. financial. ax,
legal and other advisors as and to the extent you deem necessary in connection with yaw evaluation of this proposal and the transactions
describedherein.
The tmnandiun drscrlMrd en mAs docurttuv is an arm's lop oh. reoueemfal tmnsacamr bemxenyou mitt Bara JAnwri<n Public' ('apical L'arp or one
njitt.ahtidianev nraglfaMs (col(ectitw/y ••HAPC(') in which: O HAICC isocting wale y at a principal (i.e.. m' a lemler or /ennr) amt for its corn interest; (ii)
HAPCC ix rrof acting asamanidpa/advianr arJlrandal advisor toynu:(iit)HAYCC hos nojduciarydurypumwnuo SedimrlSH frhe Securities Exchange Act
of 1934 WWW with reepcd to Ihts rmnractone and the dismcsslorrs, undertakings amt procethires leading thereto (uresµctive of whelher HAIVC or any of a,
afTttiates has provided edier services or is ntrreodyprovlding afherservices fo youon other maven); (v) the only obligation AAP(:(: has to you with respect to
Ihis fransactmr oreset forth in the defhnitivr fmnmaion agreements between us: and (v)BA/'CC tr nm mcammeading lbolyou take" action wtlh respect fo the
troamcdon described in this docer a n, mul before taking anyocuon with m.vpecl to the this immucaon. you should disco a the information conatnedbemin with
your own legal, aecmmting, tar, financed amt other advisors, myon deem appropriate. !f you would like a emuctl al advisor in this tronnosom that hos legal
fhdectoryduties toyau. ynu orefree to engogea municipal advuo, 0 serve ill flan capodIY
SUMMARY OF TERMS AND CONDITIONS
Date: October 24, 2017
Lessee: Pittsylvania County, VA.
Lessor: Banc of America Public Capital Corp ("BAPCC") or its assignee or designee
Proiect: Refinance of existing lease, add $2,000,000 in new equipment/costs of issuance and extend
term by 24 months.
Security: BAPCC will have a security interest in the Equipment.
Structure: The Lease will be structured as a NON-BANK QUALIFIED TAX-EXEMPT transaction.
This is a lease intended as secured transaction; all tax benefits will remain with Lessee; the
lease will be a net financial lease, and all expenses, including (but not limited to) insurance,
maintenance, and taxes, will be for the account of Lessee.
Final Maturity: March 15, 2026
Maximum
ndin : Not to exceed $10,987,800.
Rate: 2.26%, see attached amortization.
The current rates are locked until December 1, 2017, and will be honored so long as the
transaction is funded before such date
In order to lock the rate, the County must notify (email is fine) BAPCC of acceptance of the
rates within 5 business days from the issuance of this proposal.
Payments: Payments will be in accordance with the attached amortization schedule. Please note if
alternative payment frequencies (i.e. monthly, quarterly or annual) or changes to the principal
amounts due on each payment date are requested, this may be accommodated but any changes
to the average life may also impact the rate quoted herein.
Insurance: Lessee may be required to provide, at its expense, casualty insurance (with such deductibles as
Lessor may approve) Lessor has the ability, if necessary, to obtain and provide any insurance
certificate required.
Prepayment: Pre -payable in whole on any payment date at par, after the first half term has expired.
Governmental
Entity Lease: The Base Rent installments are calculated on the assumptions, and Lessee will represent, that
Lessee is a state or political subdivision of a state within the meaning of Section 103(c) of the
Internal Revenue Code (the "Code"), that this transaction will constitute an obligation of Lessee
within the meaning of Section 103(a) of the Code, notwithstanding Section 103(6) of the Code.
Lessee shall provide Lessor with such evidence as Lessor may request to substantiate and
maintain such tax status.
Lessee will indemnify Lessor only as to the actions or omissions of the lessee, on an after-tax
basis, against any loss of Federal income tax exemption of the interest portion of the rentals and
against any penalties and interest imposed by the Internal Revenue Service on Lessor in
connection therewith on a lump -sum basis.
Thenovaclbn deseriludia this dac'uesnr is an arm's kath. coneen ia/too./ne, hemeenyou aril 11amgflowim Public Caplin/ Corp., one
oJits sllhsidmrler ser a�limes (cdleclive(y. "11APC'C') in which: (i) aANT i.,aciingev(e(ya/ ape tivilwi (i.e., as a leader or Irvine) ondforils mvn /merest; (!i)
11APCC is rwl acliagax a municipal orlviwrorfirwncinl ar(vixar to yoq (iii) BAPCChas sea fiduclarydutypummlltloSecliol/ 1511of lite Secunl/es lixcharlgeAcl
of 193{ In yvv with respect /o Able Inrnsacrion and dm discussions, undernrhingsamt procedures leading Thema, ('rrcspective of whether HAlice or any of he
affiliates has prov/dadofierservires aro mmrcndy providing other rrrvlces to ymI nn nlhernwnersJ; (IvJ the unlyahllgallons RAP(Y.'ha<lo yvu wish rcrpecl to
Ibis /m+unnfon are.mrjorrd in Om nllive /mL.nrocrinn agrcenrcna henvren vs; and M RA1K'C tr rat rccmn....Wong /hut you rake an action uirh re. pea 1. 11.II�/I. ,,,a. atscrllled In this daea/nno.enolhClbre/akarganyaC'too, Orh resivil todw out loons C/fan.yen.shonl,ldiscaf'Y do,iof)ro anon con/aardhe/ein with
yoar own (egol. ..at urs, fenticu t and other advteors, a..yau deem aparapria v. lfyou would like a dvisor in this Imnsconon Mar I"n legal
fiduciary duties /nyvv, you are yen to engage a a novinal advisor to serve In dial capacity.
Non -Appropriation
Termination: Lessee affirms that funds are available for the current fiscal year and reasonably believes that
sufficient funds can be obtained to make all rental payments during each subsequent fiscal year.
Lessee will regularly budget for and otherwise use its best efforts to obtain funds for the
continuation of the rentals in this transaction.
Expenses: Lessor and lessee will each be responsible for their own closing costs.
Escrow
Account: Lessee may deposit, subject to compliance with applicable regulations under the Internal
Revenue Code, including, but not limited to arbitrage regulations, the proceeds of the Lease in
an escrow acceptable to Lessor, and disbursements made therefrom to pay for the Project upon
the execution and delivery of an acceptance certificate (and related documents) by Lessee and
approved by Lessor.
Documents: Lease documents in form and substance satisfactory to Lessor and its local counsel must be
executed and delivered. If Lessor requests, Lessee will also famish duly executed landlord and
mortgage waivers and supporting information. Lessee will also provide board resolutions,
incumbency certificates and other documentation required by Lessor.
Private
Placement: The proposed transaction is a private placement that will not require (i) any additional public
ongoing disclosure requirements, (ii) any additional public offering document generation
requirements, or (iii) any underwriting or related fees.
Market
Disruption: Notwithstanding anything contained herein to the contrary, in the event any material change
shall occur in the financial markets after the date ofthis Proposal Letter, including but not limited
to any governmental action or other event which materially adversely affects the extension of
credit by banks, leasing companies or other lending institutions, the Lessor may modify the
indicative pricing described above.
USA Patriot AM
Compliance: The Lessee acknowledges that pursuant to the requirements of the USA Patriot Act, as amended
from time to time (including as amended by the USA Freedom Act of 2015) (the "Patriot Act"),
the Lessor is required to obtain, verify and record information that identifies the Lessee, which
information includes the name and address of the Lessee and other information that will allow
the Lessor to identify the Lessee in accordance with the Patriot Act.
Credit Due
Dilieence: In order to complete its credit due diligence, Banc of America Public Capital Corp Credit
Administration will need you to provide:
- Three years of most recent audited financial statements;
- Most recent fiscal year's Budget
- Insurance Certificate
- W-9
The tronsaatia.. drecrtbedin do., docummar m. arm's length, cornnia mderanxadion loneaenyou andlianc ofAnrertca Public Capital Corp prone
tJiee auharc4arMr or af/iltame (eallretive(y, 'BAYCC'f irr which: /i) HAPCCls aping.ndr(y as uprincipvl (Le., os a frndernr /esrurJ andforlta oxw mmrur (liJ
BAPCCi.vmlxtingasamunicipaladvisarorfermncia/advisorloynu!(iii)HAPCCNaenoftdrtciurydutypur iittoSe,lion ISHofthe Securities Exchange Act
of 1937 IO)VU wiM respect m this hanaadion mnf rhe discussion,, undertakings mal pracedarex leading thereto (Irrespective of whether HAIICC or any of lis
affiliates hos praeoledother services or is currently providing other.setvfces to you on other manera): (iv) the only oblignaane HAPCChas to you with resped to
this traneadion are saforeb n, the dkeibdave Iraninewn agreements bem-een as; and (v) HAPCC is not .,,,it Malian take an action with mpre, m the
transaction described in this drmument. aadJopre raking any strut.,itis rasped la the this tri n mean. you.ilmiddiamuv the itlfornmtion canlainedherein with
your corn legal, aceaunrirrg. tax, fumwta(a d other advisors, aayou deem appropriate. Ifyrm would like a manicipal advisor it this transaction that has legal
ftduciarydullea m you, you arefree to eagagen munielpa(advtror m serve In Thal ropociry.
Lease Amortization:
Date
Funding
Payment
Interest
Principal
Balance
12/1/2017
$ 10,987,800.00
Y
–
--
—
—^
$
10,987,800.00
3/15/2018
$
1,296,004.27
$
71,738.13
$
1,224,266.15
$
9,763,533.85
9/15/2018
$
110,327.93
$
110,327.93
$
-
$
9,763,533.85
3/15/2019
$
1,365,199.71
$
110,327.93
$
1,254,871.78
$
8,508,662.08
9/15/2019
$
96,147.88
$
96,147.88
$
-
$
8,508,662.08
3/15/2020
$
1,382,396.33
$
96,147.88
$
1,286,248.45
$
7,222,413.62
9/15/2020
$
81,613.27
$
81,613.27
$
-
$
7,222,413.62
3/15/2021
$
1,400,019.74
$
81,613.27
$
1,318,406.46
$
5,904,007.16
9/15/2021
$
66,715.28
$
66,715.28
$
-
$
5,904,007.16
3/15/2022
$
1,418,081.65
$
66,715.28
$
1,351,366.37
$
4,552,640.79
9/15/2022
$
51,444.84
$
51,444.84
$
-
$
4,552,640.79
3/15/2023
$
1,436,593.57
$
51,444.84
$
1,385,148.73
$
3,167,492.06
9/15/2023
$
35,792.66
$
35,792.66
$
-
$
3,167,492.06
3/15/2024
$
1,455,566.77
$
35,792.66
$
1,419,774.10
$
1,747,717.96
9/15/2024
$
19,749.21
$
19,749.21
$
-
$
1,747,717.96
3/15/2025
$
893,608.19
$
19,749.21
$
873,858.98
$
873,858.98
9/15/2025
$
9,874.61
$
9,874.61
$
-
$
873,858.98
3/15/2026
$
883,733.59
$
9,874.61
$
873,858.98
$
0.00
$ 10,987,800.00
$ 12,002,869.50
$ 1,015,069.50
$ 10,987,800.00
Thr lmnsaclion desmibedin this document /ran arm's lmgtA mmmemia/tmtaamiwt behvurnyon atd Harm ofAtnerim Public Capita/Carp or ate
nfbx suArWiaries or af/flloles (cmllydivrfy, "HA/'CC) in wfiicfi: (i)11A/'CC ix uctirµ xnB:ly as a principal (i.r., ov a Iwderor/exsory andfor its awn /merest (iJ
HAPCCIs not actingav a municipal advttor arfirtattcia! adivar Myau;(iii) HAPCC hos tmfiduc ty dulypumaut la Section/fH ofihe Securities Fchange Act
of 1934 to you with respect ra this tmnsacdca, am/ the d/scusslons, urdermkings and pi xmhia t leading thereto (1,.pemhm ofwhaha, HAPCC or any oft.
affiliates has provldud olbrr, services ar a curremlyproviding other rervmccs to you on other matters); (iv) the only ob/igallanr HAPCChas to you with respect to
tht, hmrsacrton are sntfoith to /he d fcu,,,e tmnsaclion agmrmetat hemecnl ux: and 69 HAPCC it not aummntending butyau mke an anion with respect m the
tmmm. tian drseNbed in this dacnmmnt, and before taking any wriest with it pacr to the ddt tmnwchan, ymu w awdiscmrs the infobnahan coulamahrretn wpb
your ours legal, wrnunling, lar, jnanciol arW ahrr advisors, as ynu rkrm �roprmle. {fyuu i mn/d like a.unwed mh•isor m this tronsowion that has legal
fkludarydudes ro}mq ymu arefree to engage o namicipal advisor to serve in that cgmny.
SCHEDULE OF PROPERTY NO.2
Re: Master Equipment Lease Agreement, dated as of February 24, 2012, between Banc of
America Public Capital Corp, as Lessor, and the County of Pittsylvania, Virginia, as
Lessee
1. Defined Terms.
(a) Except as amended in subsection (c) below, all capitalized terms used but
not otherwise defined herein shall have the meanings ascribed to them in the above -referenced
Master Equipment Lease Agreement (the "Master Equipment Lease ").
(b) For purposes of the Lease created by the Master Equipment Lease and this
Schedule, the following capitalized terms shall have the following meanings:
"Escrow Account" shall mean the "2017 Pittsylvania Equipment Lease
Escrow Account" established pursuant to the Escrow Agreement.
"Escrow Agent" shall mean Bank of America, National Association.
"Escrow Agreement" shall mean the Escrow and Account Control
Agreement dated as of December 1, 2017, by and among Lessee, Escrow
Agent and Lessor.
(c) For purposes of the Lease created by the Master Equipment Lease and this
Schedule, the following capitalized terms defined in the Master Equipment Lease shall be
amended to have the meanings set forth below:
"Acquisition Fund" shall mean the Escrow Account.
"Acquisition Fund Agreement" shall mean the Escrow Agreement.
"Acquisition Fund Custodian" shall mean the Escrow Agent.
"Maximum Equipment Cost" shall mean the cumulative amount that may
be financed under the Master Equipment Lease and the Schedules
thereunder, not to exceed $15,467,730.
2. Equipment. The items of Equipment described in the attached Exhibit A are
hereby included under this Schedule of the Master Equipment Lease.
3. Payment Schedule.
(a) Rental Payments. The Rental Payments shall be in such amounts and
payable on such dates as set forth in the Rental Payment Schedule attached to this Schedule as
Exhibit B.
(b) Purchase Price Schedule. The Purchase Price on each Rental Payment
date for the Equipment listed in this Schedule shall be the amount set forth for such Rental
1
Payment date in the "Purchase Price" column of the Rental Payment Schedule attached to this
Schedule. The Purchase Price is in addition to all Rental Payments then due under this Schedule
(including the Rental Payment shown on the same line in the Rental Payment Schedule).
4. Representations, Warranties and Covenants. Lessee hereby represents, warrants
and covenants that its representations, warranties and covenants set forth in the Master
Equipment Lease are true and correct as though made on the date of commencement of Rental
Payments on this Schedule. Lessee further represents and warrants that (a) no Material Adverse
Change in Lessee's financial condition has occurred since the date of the Master Equipment
Lease; (b) the governing body of Lessee has authorized the execution and delivery of this
Schedule pursuant to its resolution adopted on November 28, 2017 (which has not been amended
or supplemented); (c) the Equipment described in Exhibit A hereto is essential to the functions of
Lessee or to the services Lessee provides its citizens; (d) Lessee has an immediate need for, and
expects to make immediate use of, substantially all such Equipment, which will be used by
Lessee only for the purpose of performing one or more of Lessee's governmental or proprietary
functions consistent with the permissible scope of its authority; and (f) Lessee expects and
anticipates adequate funds to be available for all future payments or rent due after the current
budgetary period.
5. Assignment of Equipment. Lessee assigns to Lessor all of Lessee's right, title and
interest in and to the [2017 PURCHASE AGREEMENT] and the Equipment to be provided by
the vendor thereunder. Such assignment of the [2017 PURCHASE AGREEMENT] is an
assignment of rights only; nothing in the Master Equipment Lease or this Schedule shall be
deemed to have relieved Lessee of any obligation or liability under the [2017 PURCHASE
AGREEMENT]. Lessee shall arrange for delivery and installation of the Equipment and shall
advise Lessor of the date as of which all of the Equipment has been delivered and installed.
6. The Lease. The terms and provisions of the Master Equipment Lease (other than
to the extent that they relate solely to other Schedules or Equipment listed on other Schedules)
are hereby incorporated into this Schedule by reference and made a part hereof.
7. Lease Proceeds; Refinancing of Rental Payments Due under Schedule of Property
No. 1. The Lease Proceeds shall be applied as follows:
(a) Lessor shall transfer $[] to Escrow Agent to deposit to the Escrow
Account to pay the costs of the Equipment and the related costs of entering into this Schedule. It
is expected that by eighteen (18) months from the date of this Schedule, Lessee will have taken
possession of all items of Equipment shown above and that a Lessee's Acceptance Certificate, or
Acceptance Certificates, will be signed by Lessee and delivered to Lessor on or before eighteen
(18) months from the date of this Schedule.
(b) Lessor shall constructively apply $[to the prepayment in full of
the outstanding principal components of the Rental Payments, together with accrued and unpaid
interest thereon, due under Schedule of Property No. 1 dated February 24, 2012 ("Schedule No.
1").
2
8. Acquisition Period. The Acquisition Period applicable to this Schedule shall end
at the conclusion of the 18a' month following the date hereof.
9. Lease Term. The Term of this Lease shall begin on December 1, 2017 (the
"Commencement Date") and end on March 15, 2026.
10. Purchase Option Commencement Date. For purposes of Section 10.01 of the
Lease, the Purchase Option Commencement Date is [March 15, 2022].
11. Maximum Equipment Cost. The Maximum Equipment Cost approved on a
cumulative basis under the Lease for this Schedule and all previous Schedules is $15,467,730.
12. Contract Rate. The Contract Rate for this Schedule is 2.26%.
[Signature Page Follows]
3
Dated: December 1, 2017.
LESSOR:
Banc of America Public Capital Corp
555 California Street, 4th Floor
San Francisco, California 94104
Attention: Contract Administration
Mo-
Name:
M
Name:
LESSEE:
County of Pittsylvania, Virginia
1 Center Street
Chatham, Virginia 24531
Attention: County Administrator
Fax No.: (434) 432-7714
Name: David M. Smitherman
Title: County Administrator
Counterpart No. of manually executed and serially numbered counterparts.
To the extent that this Lease constitutes chattel paper (as defined in the Uniform Commercial
Code), no security interest herein may be created through the transfer or possession of any
Counterpart other than Counterpart No. 1.
rd
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE: AGENDA DATE:
CSA 2018 Budget Amendment — This item requires a 11/28/2017
motion and a second and a 10 -day layover.
ACTION ¢J
Appropriation of Comprehensive Services Act (CSA)
carryover from FY2017 I CONSENT AGENDA: ❑
STAFF CONTACT(S):
Kim Van Der Hyde
ROLL CALL VOTE: ❑
ATTACHMENTS:
ITEM NUMBER:
II(b)
INFORMATION: ❑
REVIEWED BY: CPS
SUMMARY:
The Board of Supervisors, at their June 20, 2017 meeting, approved a supplement to fund the remainder of
FY2017 for the CSA program. At that time, a total of $3,171,830 of state funds and $628,170 of local funds
were appropriated to cover FY2017 expenses for CSA services. A total of $1,198,873.18 of state funds and
$317,176.94 of local funds remained at the close of June 2017. Since June, a total of $1,536,742.36 has been
spent on prior year CSA invoices. Therefore, the funds appropriated back in June need to carryover to the
FY2018 year in order to cover these prior year expenses.
FINANCIAL IMPACT AND FUNDING SOURCE:
$1,198,873.18 will come from state funds and $317,176.94 will come from fund balance to cover CSA prior
year expenses. These funds were previously approved by the Board on June 20, 2017.
A carryover of $1,198,873.18 of state funds and $317,176.94 of local funds needs to be appropriated to the
FY2018 budget to cover prior year expenditures.
MOTION:
"I make a motion that the Board of Supervisors approve and appropriate $1,198,873.18 of state funds and
$317,176.94 of local funds to the Community Policy and Management Team Budget for CSA services."
THIS ITEM REQUIRES A MOTION AND A SECOND AND A 10 -DAY LAYOVER.
PITTSYLVANIA COUNTY
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
BUSINESS MEETING
AGENDA TITLE:
Refund of local taxes -Virginia PCS Alliance LC
SUBJECT/PROPOSAL/REOUEST:
Advice and guidance from the Board of Supervisors
(BOS) authorizing a refund of $6,300.84 for Virginia
PCS Alliance LC
STAFF CONTACT:
Hon. Shirley Hammock, Commissioner of the
Revenue (COR)
AGENDA DATE:
11-28-2017
ACTION:
CONSENT AGENDA: ❑
ROLL CALL VOTE: ¢J
ITEM NUMBER:
11(c)
INFORMATION: ❑
ATTACHMENTS:
1. Letter from the Commissioner of the Revenue
REVIEWED BY: 5u.$
SUMMARY:
Assessments from the State Corporation Commission are made based on the prior year's information. Based
on the yearly filings received in September the assessments are corrected. Virginia PCS Alliance LC
assessed for a 2017 tax levy of $6,300.84. When the report was received and reviewed from the SCC, a
correction was done resulting in an overpayment in the amount of $6,300.84 to 2017.
Note: After all the corrections were done for the 2017 SCC assessments the net loss was $784.84
from the original levies assessed.
FINANCIAL IMPACT AND FUNDING SOURCE:
The refund is in the amount of $6,300.84; and the Treasurer's Office has calculated interested owed through
November 28, 2017 to be $262.53. The total refund amount, including interest, will be $6,563.37.
RECOMMENDATION:
The COR recommends that the BOS approve the request for the Treasurer to refund the overpayment of
$6,300.84 pursuant to Pittsylvania County Code Section 6-6.2 along with the due interest of $262.53.
MOTION:
"I make a motion to authorize the Treasurer to issue the refund request to Virginia PCS Alliance, LC, as
presented, for a total amount of $6,563.37."
Shirley Yentts Hammock
Commissioner
October 10, 2017
OFFICE OF
COMMISSIONER OF THE REVENUE
PITTS11V\NIA000A I )
Mr. David Smitherman
County Administrator
P.O. Box 426
Chatham, VA 24531-0426
P.O.130X'72
CHATHAM. VIIWINIA2453I
RE: REFUND REQUEST FOR VIRGINIA PCS ALLIANCE LC
Dear Mr. Smitherman:
(434)432-7940
(134)66-6211
FAX 1134) 4 32-7957
Shirley.hammock(nq�ittgo�.or�
This letter is to advise you pursuant to Pittsylvania County Code Section 6-6.2 Refund of Local Taxes
Assessed and Paid in Error of a pending refund for the above referenced taxpayer that may have an
adverse effect on County finances. I am therefore requesting pursuant to this section, the Board's advice
and guidance in authorizing the refund be made by the local Treasurer.
In 2017, Virginia PCS Alliance LC, was assessed pursuant to Virginia Code 58.1-3917 based on the
preceding year's assessment received from the State Corporation Commission. After receiving the 2017
SCC report with the correct values, we made a correction on the assessment of the real estate. The
assessment has been dropped and an overpayment was made on this account.
I am enclosing a copy of the letter of refund requesting the Treasurer to refund Virginia PCS Alliance LC,
$6,300.84 for 2017 taxes paid in error. Please feel free to contact me if you have any questions.
Regards,
Shirley "YHamdck.
Commissioner of the Revenue
SYH/rcg
Enclosure
Pc: Honorable Vincent Shorter, Treasurer
Kim VanDerHyde, Finance Director
J. Vaden Hunt, County Attorney
Shirlev Yearts Hammock
Commissioner
October 10, 2017
OFFICE OF
COMMISSIONER OF THE REVENUE
Mr. Vincent Shorter, Treasurer
Pittsylvania County
Chatham, VA 24531
Dear Mr. Shorter:
PITI'SYLV ANI %( OUNT)'
P. 0.130X'72
CHATHAM, VIRGINIA24531
(434)43'-7940
(434)656-6111
FAX (434) 432-7957
shirley.lmmmocko pitt�_oc.org
The following taxpayer(s) property was incorrectly taxed for the taxable year(s) 2017. The
taxpayer states taxes have been paid and is requesting a refund under Sec. 58.1-3990 Code of
Virginia.
Account: #173722 Parcel I.D. SCC REAL PROPERTY Partial
Name: Virginia PCS Alliance LC
d/b/a Ntelos
Jay Turtora, VP Acct & Planning
P O Box 1990
Waynesboro, VA 22980
2017 Assessed Value: $1,067,939 Taxes: $6,300.84
Amount of Refund Requested: $6,300.84
Thank you for your attention in this matter.
Regards,
Shirley Y. Hammock
Commissioner of the Revenue
SYH/rcg
PITTSYLVANIA COUNTY
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
BUSINESS MEETING
AGENDA TITLE: AGENDA DATE: ITEM NUMBER:
Refund of local taxes -Danville Cellular Telephone 11-28-2017 11(d)
Company LP �r
ACTION: ¢J INFORMATION: ❑
Advice and guidance from the Board of Supervisors
(BOS) authorizing a total refund of $21,565.48 for CONSENT AGENDA: ❑
Danville Cellular Telephone Company LP
STAFF CONTACT:
Hon. Shirley Hammock, Commissioner of the
Revenue (COR)
ROLL CALL VOTE:
ATTACHMENTS:
1. Letter from the Commissioner of the Revenue
REVIEWED BY: P-9
SUMMARY:
Assessments from the State Corporation Commission are made based on the prior year's information. Based
on the yearly filings received in September the assessments are corrected. When the report was received and
reviewed from the SCC, it was discovered they had paid the 2017 in full for the first half and based on the
SCC filing, had overpaid.
Note: After all the corrections were done for the 2017 SCC assessments the net loss was $20,702.87
from the original levies assessed.
FINANCIAL IMPACT AND FUNDING SOURCE:
The refund is in the amount of $20,702.87; and the Treasurer's Office has calculated interested owed through
November 28, 2017 to be $862.61. The total refund amount, including interest, will be $21,565.48.
RECOMMENDATION:
The COR recommends that the BOS approve the request for the Treasurer to refund the overpayment of
$20,702.87 pursuant to Pittsylvania County Code Section 6-6.2 along with the due interest of $862.61.
MOTION:
"I make a motion authorize the Treasurer to issue the refund request to Danville Cellular Telephone
Company LP, as presented for a total amount of $21,565.48."
Shirlcv Ycatrs Hammock
Commissioner
October 10, 2017
OFFICE OF
COMMISSIONER OF THE REVENUE
Mr. David Smitherman
County Administrator
P.O. Box 426
Chatham, VA 24531-0426
PITT SYLVANIACOUN I )
P. O. BOX 272
CHATHAM, VIRGINIA245' 1
(434)432-79411
(44)656-6211
FAX(434)432-79 ' 57
shirley.hammock(iepittov.orQ
RE: REFUND REQUEST FOR DANVILLE CELLULAR TELEPHONE COMPANY LP
Dear Mr. Smitherman:
This letter is to advise you pursuant to Pittsylvania County Code Section 6-6.2 Refund of Local Taxes
Assessed and Paid in Error of a pending refund for the above referenced taxpayer that may have an
adverse effect on County finances. I am therefore requesting pursuant to this section, the Board's advice
and guidance in authorizing the refund be made by the local Treasurer.
In 2017, Danville Cellular Telephone Company LP, was assessed pursuant to Virginia Code 58.1-3917
based on the preceding year's assessment received from the State Corporation Commission. After
receiving the 2017 SCC report with the correct values, we made a correction on the assessment of the real
estate. The assessment has been dropped and an overpayment was made on this account.
I am enclosing a copy of the letter of refund requesting the Treasurer to refund Danville Cellular
Telephone Company LP, $20,702.87 for 2017 taxes paid in error. Please feel free to contact me if you
have any questions.
Regards,
Shirley Y. Hammock
Commissioner of the Revenue
SYH/rcg
Enclosure
Pc: Honorable Vincent Shorter, Treasurer
Kim VanDerHyde, Finance Director
J. Vaden Hunt, County Attorney
Shirley Yentts Hammock-
Commissioner
ammockCommissioner
October 10, 2017
OFFICE OF
COMMISSIONER OF THE REVENUE
Mr. Vincent Shorter, Treasurer
Pittsylvania County
Chatham, VA 24531
Dear Mr. Shorter:
PI TTSYLVANI:A(:'OUN'TY
P.U. 60.a ' 72
CHATHAM, VIRGINIA2_4531
(434)432-7940
(4-4)6%-6211
FAX (434)-;2-7957
shirey.hani nock(a. pit tgov.orlt
The following taxpayer(s) property was incorrectly taxed for the taxable year(s) 2017. The
taxpayer states taxes have been paid and is requesting a refund under Sec. 58.1-3990 Code of
Virginia.
Account: #173709 Parcel I.D. SCC REAL PROPERTY Partial
Name: Danville Cellular Telephone Company LP
d/b/a Verizon Wireless
Luis Aguirre, SR Tax Consultant
P O Box 635
Basking Ridge, NJ 07920
2017 Assessed Value: $3,508,961 Taxes: $20,702.87
Amount of Refund Requested: $20,702.87
Thank you for your attention in this matter.
Regards,
Shirley Y. Hammock
Commissioner of the Revenue
SYH/rcg
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
BUSINESS MEETING
AGENDA TITLE: AGENDA DATE: ITEM NUMBER:
Request for Public Hearing from Northside High 11-28-2017 11(e)
School Museum, Inc.
ACTION: 1Z INFORMATION: ❑
Request to amend Pittsylvania County Code §6.6-3;
Real Estate Property Exemption by Qualifying CONSENT AGENDA: ❑
Classification or Designation
ROLL CALL VOTE:
ATTACHMENTS:
1) Letter from the Hon. Shirley Hammock, Commissioner of
the Revenue
STAFF CONTACT(S): 2) Applications for Exemption from Northside High School
Ms. Hammock Museum Inc
REVIEWED BY: PS
SUMMARY:
Northside High School Musuem, Inc. has submitted an Application for Real Estate Exemption by
Designation to the Commissioner of the Revenue's Office for consideration by the Board. The application is
for GPIN #2530-38-6169, located on the comer of Northside Drive and Payne Street Extension in Gretna,
Virginia, on which is the musuem's historical sign commemorating the site of the former Northside High
School. The 0.0600 of an acre was deeded to the Museum on October 5, 2017. Assessed value of this parcel
is $900, with a $5.31 tax levy. The Museum's application also asks a retroactive exemption date of October
5, 2017.
FINANCIAL IMPACT AND FUNDING SOURCE:
Annual loss of $5.31 tax levy.
RECOMMENDATION:
Staff recommends the Board of Supevisors authorize staff to advertise a public hearing for citizen input on
this matter for the December 19, 2017 Business Meeting.
MOTION:
"I make a motion to authorize staff to advertise for a public hearing for citizen input on the proposed
amendment to Pittsylvania County Code §6.6-3; Real Estate Property Exemption by Qualifying
Classification or Designation to include real estate property known as GPIN #2530-38-6169, located on the
corner of Northside Drive and Payne Street Extension in Gretna, Virginia, owned by the Northside High
School Museum, Inc."
Shirley Yeatts Hummock
Conunissioner
November 2, 2017
OFFICE OF
COMMISSIONER OF THE REVENUE
PITTSYL.VANIA000NTI
Mr. David M. Smitherman
Pittsylvania County Administrator
PO Box 426
Chatham, VA 24531
P. 0. BOX 272
CHATHAM. VIRGINIA 24531
RE: TAX EXEMPTION APPLICATION NORTHSIDE HIGH SCHOOL MUSEUM, INC
Dear Mr. Smitherman:
1434143 -7940
14341656-6111
FAX ( 434) 432-7957
shirley.hanunock(a pittgoc.org
Enclosed please find the Application for Real Estate -Personal Property Exemption by Qualifying
Classification or Designation for Northside High School Museum, Inc. Pursuant to Code of Virginia §58.1-
3651, the organization is requesting tax exemption by designation for the real estate property owned.
Note: enclosed request by organization to have exemption retroactive to date deed recorded 10-5-17.
We have reviewed the application and completed the worksheet for exempt revenue projection based
on the current real estate tax rate. The following were noted as to bring your attention to any
application discrepancies:
11. (a) Attach to this application your most recent financial statement, including, where
applicable, IRS forms 900; 990; 990EZ; 990T...
Applicant attached a copy of email confirmation of filing and acceptance by the IRS. Did
not attach actual filing copy. When questioned, they stated they did not keep a record of
actual return since it was filed online.
Should you need further information, please feel free to contact this office. Once we are advised of the
Board of Supervisor's action on this application, we will take the appropriate action.
Regards,
Shirley Y. Hammock
Commissioner of the Revenue
Enclosure: Application for Exemption
�0 - 31-/7
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ate.
PITTSYLVANIA COUNTY, VIRGINIA
Shirley Y Hammock, Commissioner of the Revenue
PO Box 272 Chatham, VA 24531
Phone: 434-432-7940 Fax: 434-432-7957.�ifrs
Email: shirlev.hammock@pittgov.oM
Website: www.pittsvlvaniacountvva.gov
APPLICATION FOR REAL ESTATE -PERSONAL PROPERTY EXEMPTION
BY QUALIFYING CLASSIFICATION OR DESIGNATION
(FOR ANY ANSWERS THAT REQUIRE MORE SPACE, PLEASE INCLUDE ATTACHMENTS)
APPLICATION FOR: REAL ESTATE Q PERSONAL PROPERTY ❑ BOTH ❑
TAX PARCEL ID# 2 5 30 - 3 S - 6l (, 9 ACREAGE: 00600
(IF REAL ESTATE)
APPLICANT ORGANIZATION: '1 ./VDy'th 5: cit H ; �t h SC hoU/ M u SAH r^ Inc.
MAILING ADDRESS: /d� R
FEDERAL ID#: 5-/ 0 6 3/ 6 i R
PROPERTY ADDRESS: Lc)-v�nev- 0
(REAL ESTATE)
LEGAL DESCRIPTION OF PROPERTY:
4-
:J0.va , VA a 45 ti .s -
M
k7
t-rI a V11
(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:
INDICATE THE TYPE OF EXEMPTION DESIRED: CLASSIFICATION: DESIGNATION: ✓
2. IS THE PROPERTY 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?
10LA $1. ✓im + Nor -0,54z i; t., 5Gl,uei A41GErke_r (0,'St-r�t
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
,0600 N;5-�Or,C/LIIASeNm /Viar Icer 0tt,S a.of1
Continued
Applicant: Nor Hl5': d'e H'�1,ScAoC/ n/luSetim J -,c„
5. DOES ANY OTHER INDIVIDUAL, ORGANIZATION, ASSOCIATION OR CORPORATION OCCUPY OR USE ANY PART OF THE
PREMISES? YES
NOS
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 RENT OR REIMBURSEMENT FOR NECESSARY
EXPENSED FOR SERVICES INCURRED? YES NO
IF YES, PLEASE GIVE DETAIL:
7. DOES YOUR OWNERSHIP GROUP HAVE AN EXEMPTION UNDER U.S. INTERNAL REVENUE CODE SO THAT GIFTS TO YOUR
GROUP ARE DEDUCTIBLE BY THE DONOR? YES I,/ NO
(A) IF YES, GIVE DATE OF INTERNAL REVENUE RULING: Ma rG A 6, a66
(B) GIVE INTERNAL REVENUE IDENTIFICATION NUMBER: -5-106 316 / a
B. 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 V
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 SERVICES WHICH SUCH DIRECTOR,
OFFICER, OR EMPLOYEE ACTUALLY RENDERS? YES
NO v
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 POLITICAL CAMPAIGN ON
BEHALF OF ANY CANDIDATE FOR PUBLIC OFFICE? YES
11. REQUIRED DOCUMENTATION
No 1--
(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 BECOME A PART OF THIS APPLICATION. THE ATTACHED
FINANCIAL STATEMENT IS FOR THE PERIOD FROM O I' l - 16 TO I a - 31-1 (o
,/(B) ATTACH A COPY OF SAID ORGANIZATIONS IRS SECTION 501 �3) ATUS CERTIFICATION OR DOCUMENTATION.
,4C) ATTACH A COPY OF THE ORGANIZATION'S CONSTITUTI , BY-RTICLES OF INCORPORATJON, AND/OR OTHER
RELATED DOCUMENTS. tL su. C.rtru�
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.
2
Continued Applicant: Alor-&1,5;de /-/,-91, Scd.co/ N1u5�r ln�.
Y
(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: 5 /a-5 M u S � r0✓e-
�7 .t�+ zn c
TITLE: �re 5; cle n t- . Alort-�. S: de- %�.'ryp JM.✓S�-`�[�gTE SUBMITTED: 10 -31-11
CONTACTCT PERSS M6i S r 0 �•L 'f 3'! 1/3,;2
�tl s—
I TELEPHONE NUMBER:3�9
I, ' ( /y ` S �J�U✓� , AN APPOINTED OR ELECTED TRUSTEE/OFFICER FOR THE ABOVE
i
NAMED ORGANIZATION, CERTIFY UNDER PENALTY OF LAW THAT THIS APPLICATION AND ALL ATTACHMENTS HERETO HAVE BEEN
EXAMINED BY ME AND ALL INFORMATION IS TRUE AND CORRECT.
NOTARY
i�. P�o1�wIM Iw�Pb
ro Callllil""' 3121
REAL ESTATE/PERSONAL PROPERTY TAX EXEMPTION
WORKSHEET FOR EXEMPT REVENUE
(TO BE COMPLETED BY COMMISSIONER OF THE REVENUE OFFICE)
APPLICANT: 1VakAi;dt, 149h 60-k6al
REALESTATE:
REQUESTED PARCELID(S) ASSESSED VALUE
PERSONAL PROPERTY:
DESCRIPTION OF PROPERTY ASSESSED VALUE
sytt.;
LEVY
5.31
LEVY
TOTAL LOSS OF REVENUE IF EXEMPT: 5.31
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)
Y ,
PITTSYLVANIA COUNTY, VIRGINIA
�•_
,:��Um{
SHIRLEY Y.HAMMOCK, COMMISSIONER OF THE REVENUE
,
))IIll
` !'J
PO Box 272 Chatham, VA 24531
Phone: 434-432-7940 Fax: 434-432-7957
Email: shirley.hammock@pittgov.org
Website: www.oittsylvaniacountyva.aov
REAL ESTATE/PERSONAL PROPERTY TAX EXEMPTION
WORKSHEET FOR EXEMPT REVENUE
(TO BE COMPLETED BY COMMISSIONER OF THE REVENUE OFFICE)
APPLICANT: 1VakAi;dt, 149h 60-k6al
REALESTATE:
REQUESTED PARCELID(S) ASSESSED VALUE
PERSONAL PROPERTY:
DESCRIPTION OF PROPERTY ASSESSED VALUE
sytt.;
LEVY
5.31
LEVY
TOTAL LOSS OF REVENUE IF EXEMPT: 5.31
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)
our Form 990-N (postcard) E -File Was Accepted
Subject: Your Form 990-N (postcard) E -File Was Accepted
From: Aplos Software <no-reply@aplossoftware.com>
Date: 5/4/2017 8:15 PM
To: tillI49@verizon.net
Apim logo- Mating Nonprofits Simple
Your Form 990-N Was ,accepted by the IRS
UU
�r� r
u -
The Internal Revenue Service (IRS) has accepted
Form 990-N (e -Postcard) for tax year 2016 (01 Jan
2016 - 31 Dec 2016) .
Yournl formation
Organization: NORTHSIDE HIGH MUSEUM
EIN:510631612
Submission Type: 990-N (e -Postcard)
Tax Year: 2016
Submission ID: 44086820171240000014
e -File Postmark: 04 May 2017 17:10:06
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91AI01
,ei ❑ IC IOA41 O.O1 AAA
_CDXINNATI,..AH 45201
CINCINNATI, OH 45201
Date:0 F
--^� NORTHSIDE HIGH MUSEUM
Jl C/O SILAS MUSGROVE
725 CORNER RD
JAVA, VA 24565
Dear Applicant:
Employer Identification Number:
51-0631612
DLN:
17053152043007
Contact Person:
SALLY B DAVENPORT ID# 31050
Contact Telephone Number:
(877) 829-5500
Accounting Period Ending:
December 31
Public Charity Status:
1�
170(b) (1) (A) (vi)
'kForm 990 Required:
/ Yes
Effective Date of Exemption:
-- March 9,-2007 - - -
Contribution Deductibility:
Yes
Advance Ruling Ending Date:
December 31, 2011
Addendum Applies:
No
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 a public cbarity. 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, Co;`p.iance Guide for 501(c)(3) Public
Charities, for some helpful information abo'4. your responsibilities as an
exempt organization.
If you distribute funds to other organizations, your records must snow whether
they are exempt under section 501(c)(3). in cases where the recipient
Letter 1045 (DO/CG)
NORTHSIDE HIGH MUSEUM
organization is not exempt under section 501(c)(3), you must ha._ _>_dence the
funds will be used for section 5J1(c)(3) purposes.
�. If you distribute fiords to individ,:als, you should keep case histc_iss showing
the recipients name and address; thepurposeof the award; the maa--s—' of
selection; and the relationship ofr�e.'reczpient to any of your ar_c°<-s,
directors, trustees, members, or major contributors.
Enclosures: Publication 4221 -PC
Statute Extension
Robert Choi
Director, Exempt organizations
Rulings ar..d Agreements "---
Letter 1045 (DO/CG)
By Laws of the Northside High Museum
Article 1 Name
The name of this organization shall be the Northside High Museum
Article II Purpose
The
purpose of this organization shall be the following:
1.
the Northside High Museum shall be organized for educational purposes.
2.
to establish and maintain a place to store and display facts relative to the
accomplishments of Afro Americans of northern Pittsylvania County.
3.
to assume the responsibility and privilege of disseminating information
on the history of people by all available means as well as the history of
Northside High School.
4.
to promote a thorough understanding of accomplishments of professionals,
alumni and others; rewarding for outstanding service toward the organization's
goals and objectives.
5.
to act as a unifying agency among areas — local, state and national
6.
to foster educational programs which have as the essential aim of
highlighting the excellence of Afro Americans in the art and sciences,
humanities and public services.
7.
to maintain the Northside High Museum as a non profit organization
8.
to gather all available memorabilia relative to the early education of
Afro Americans and display it in an educational manner
Article III (A) Leaders and their responsibilities
This organization shall consist of the following officers:
1. President
A. shall oversee the staff of the organization
B. shall conduct the business meetings of the organization unless he/she
delegates that authority
C. shall be an ex -officio member of boards and committees of the
organization.
2. Vice -President
A. shall perform duties as delegated by the president of the organization.
B. shall perform the presidential duties in the absence of the president.
3 . Secretary
The secretary shall be responsible for recording and maintaining the
official records of the organization.
4. Treasurer
The treasurer shall be responsible for accepting and dispersing the finance
organization and/or the body.
16
5. Board of Directors
The board of directors shall consist of (9) nine members.
Article III (B) Compensation and other Financial Arrangements with Officers,
Directors, Trustees, Board Members, and Others
1. Officers, Directors, Trustees, Members, or other Private Persons
shall not be compensated for their services.
2. Ministers, Retired Teachers, Professionals, Volunteers, and Others
shall not be compensated.
3. All teaching and other services will be provided on a voluntary basis.
Article III ( C ) Specific Activities that the Museum may conduct
1. Shall undertake fundraising activities to help finance the museum.
2. Shall not support or oppose candidates in political campaigns.
3. Shall not attempt to influence legislation.
4. Shall not carry on activities not permitted by organizations exempt from
federal income tax under section 501 ( c ) ( 3 )
Article IV Membership
1. Membership in this organization shall consist of any person formerly in
attendance at Pittsylvania County Training School or Northside High School
plus staff and faculty.
2. Membership shall also include all other persons interested in the
advancement of the cause or objectives of the organization.
Article V Governance
1. This organization shall have the right to govern itself according to the
standards set forth by the body.
order.
2. The source of authority of governing procedures shall be Robert's Rules of
3. This organization shall endeavor to keep the unit of spirit in the bonds of peace.
4. Non board members may attend meetings if they desire — if they wish to
bring up an issue to have addressed, they may put their concern in writing
and it will be addressed at another meeting
Article VI Meetings
1. The regular meetings shall be held on the second Thursday of each month
6:30 PM.
2. Special meetings may be called by the president when needed
3. At least one annual meeting shall be held by the organization (time and
place decided by the body).
4. The recommended agenda for business meeting shall be:
A. Devotion
B. Roll call
17
C. Reading of the minutes
D. Treasurer's report
E. Other business
F. Unfinished business
G. New business
H. Election of officers (when appropriate)
I. Statements for the good of the organization
J. Adjournment
Article VII Quorum
A quorum shall consist of those members who are entitled to vote and are
present at any regular or special called business meeting (five)
Article VIII
1.
2.
3.
Committees
History
Publicity
Hospitality
4. Other committees appointed or as needed by the president
Article IX Amendments
The By Laws may be amended by a two-thirds vote of the membership of the
body in attendance at any regular or special meeting called for that purpose.
Article X Property Rights
1. All property of the organization shall be held, transferred or conveyed in
the official name of the organization.
2. No real property of the organization shall be sold or otherwise alienated
unless the same shall have been authorized by a two-thirds of the votes
cast at any regular or special meeting.
Article XI Dissolution
In the event that the body or organization ceases to function as an
organization, all assets and real properties shall be awarded to the
Community Mission Baptist Church located at 725 Comer Road, Java,
VA.
Is
STATE CORPORATION COMMISSION
richmond, %arch 91, 2007
This is to certify that the certificate of incorporation of
Northside High Museum
was this daze issued and admitted to record in this office and that
the said corporation is authorized to transact its business subject
to af(Virginia Gains appfica6le to the corporation and its business.
Effective date: ,march 9, ?007
CIS0313
1803
State Corporation Commission
,Attest:
5
2013 ANNUAL REPORT
COMMONWEALTH OF VIRGINIA
STATE CORPORATION COMMISSION
File online at
sccefile.scc.virginia.gov
1. CORPORATION NAME:
Northside High Museum
2. VA REGISTERED AGENT NAME AND OFFICE ADDRESS: DIR.
SILAS MUSGROVE
1120 CORNER RD
JAVA, VA 24565
3. CITY OR COUNTY OF VA REGISTERED OFFICE:
171-PITTSYLVANIA COUNTY
4. STATE OR COUNTRY OF INCORPORATION:
VA -VIRGINIA
DUE DATE: 03/31/13
SCC ID NO.: 0673830-6
5. STOCK INFORMATION
I CLASS I AUTHORIZED I
DO NOT ATTEMPT TO ALTER THE INFORMATION ABOVE. Carefully read the enclosed instructions. Type or
print in black only.
=6. PRINCIPAL OFFICE ADDRESS:
Mark this box if address shown below is correct
If the block to the left is blank or contains incorrect data please add or correct the
address below.
ADDRESS: 725 CORNER ROAD
CITY/ST/ZIP JAVA, VA 24565
ADDRESS:
CITY/ST/ZIP
7. DIRECTORS AND PRINCIPAL OFFICERS: All directors and principal officers must be listed.
An individual may be designated as both a director and an officer.
Mark appropriate box unless area below is blank:
❑ Information is correct ,- I Information is incorrect ❑ Delete information
If the block to the left is blank or contains incorrect data, please mark appropriate
box and enter information below: ❑ Correction ❑ Addition 17 Replacement
OFFICER IN DIRECTOR D
OFFICER D DIRECTOR ❑
NAME:
MATILDA B TURNER
NAME:
TITLE:
TREASURER
TITLE:
ADDRESS:
149 KENNON DRIVE
ADDRESS:
CITY/ST/ZIP:
DANVILLE, VA 24540
CITY/ST/ZIP:
I affirm that the information contained in this report is accurate and complete as of the date below.
SIGNATURE OF DIRECTOR/OFFICER
LISTED IN THIS REPORT
PRINTED NAME AND CORPORATE TITLE
DATE
It is a Class 1 misdemeanor for any person to sign a document that is false in any material respect with intent that the document be delivered to the
Commission for filing.
+ 0410185 000019075 09SCC1
AF00ZV Nv 15 2111
2013 ANNUAL REPORT CONTINUED
CORPORATION NAME:
Northside High Museum
7. DIRECTORS AND PRINCIPAL OFFICERS (continued):
DUE DATE: 03/31/13
SCC ID NO.: 0673830-6
All directors and principal officers must be listed.
An individual may be designated as both a director and an officer.
Mark appropriate box unless area below Is blank:
❑ Information is correct ❑ Information is incorrect
❑ Delete information
If the block to the left is blank or contains incorrect data, please mark appropriate box
and enter information below: ❑ Correction IJ Addition L Replacement
OFFICER [M
DIRECTOR IA
OFFICER ❑ DIRECTOR ❑
NAME: SILAS MUSGROVE
NAME:
TITLE: CHAIRMAM
TITLE:
ADDRESS: 1120 CORNER RD
ADDRESS:
CITY/ST/ZIP: JAVA, VA 24565
CITY/ST/ZIP:
Mark appropriate box unless area below is blank:
❑ Information is correct ❑ Information is incorrect
❑ Delete information
If the block to the left is blank or
and enter information below:
contains Incorrect data, please mark appropriate box
❑ Correction ❑ Addition LL Replacement
OFFICER [X
DIRECTOR ❑
OFFICER ❑ DIRECTOR ❑
NAME: SANDY SAUNDERS
NAME:
TITLE: SECRETARY
TITLE:
ADDRESS: 115 DRUID LANE
ADDRESS:
CITY/ST/ZIP: DANVILLE, VA 24541
CITY/ST/ZIP:
Mark appropriate box unless area below is blank:
❑ Information is correct ❑ Information is incorrect
❑ Delete information
If the block to the left is blank or contains incorrect data, please mark appropriate box
and enter information below: ❑ Correction ❑.Addition L] Replacement
OFFICER ❑
DIRECTOR ❑
OFFICER ❑ DIRECTOR ❑
NAME:
NAME:
TITLE:
TITLE:
ADDRESS:
ADDRESS:
CITY/ST/ZIP:
CITY/ST/ZIP:
Mark appropriate box unless area below Is blank:
❑ Information is correct ❑ Information is incorrect
❑ Delete information
If the block to the lett is blank or contains incorrect data, please mark appropriate box
and enter information below: _. Correction ❑ Addition ❑ Replacement
OFFICER ❑
DIRECTOR ❑
OFFICER ❑ DIRECTOR ❑
NAME:
NAME:
TITLE:
TITLE:
ADDRESS:
ADDRESS:
CITY/ST/ZIP:
CITY/ST/ZIP:
AFWZW 8-3111
+ 0410185 000019075 09SCC1
7
1
NORTHSIDE HIGH MUSEUM BOARD
OF DIRECTORS
President — Board of Directors = Silas Musgrove
Vice President — Board of Directors = Matilda Turner
Secretary — Board of Directors = Sanford Saunders
Asst. Secretary — Board of Directors = Barbara W. Hubbard
Treasurer — Board of Directors = Matilda Turner
Asst. Treasurer — Board of Directors = James Devins
Historian = Jimmy Devins
Board of Directors = Ruth W. Word Board of Directors = Robert Womack
Board of Directors = Othella D. Rice Board of Directors = Maebell Davis
Board of Directors = George Miller Board of Directors = Buford Coles
Board of Directors = Silas Moore Board of Directors = Mary S. King
Board of Directors = Effie B. Fuller Board of Directors = Brenda A. Patterson
Board of Directors = Kent W. Fuller Board of Directors = Ella Nowlin Monroe
Mission of the Northside High Museum
The Northside High School Museum is a non-profit organization. Its purpose is to locate,
gather, display all available materials and memorabilia related to the history of the early
education of Blacks in Pittsylvania County from 1903 through 1969. It will be used to
help to inform and educate the community and others relative to the history of education
of our black ancestors. The museum will highlight the early educational contributions of
the teachers, staff, students and all of our Black citizens of that time period in a manner in
which it will beneficial to all who are exposed to these contributions. "We are preserving
our own history as we know it."
The Objectives that the Northside High Museum Committee
wishes to accomplish
1. Gather all historical educational pertinent to the education of the black citizenry of
Pittsylvania County during the era of 1903 through 1969
2. Interview all available teachers / instructors that contributed toward the education of
our black citizens during that time period
3. Provide our current citizens and all interested individuals information regarding the
achievements and accomplishments of the early Blacks in Pittsylvania County
4. Build a permanent place to preserve and display facts relative Black heritage
which is to be located in the basement of Community Mission Baptist Church
5. To develop strategies and ways to use this museum as a bridge showing how
important early black education was toward the success and achievements of Blacks of
today.
6. Show how important early Black education was to the development of the whole Black
( community (economically, spiritually, politically and socially)
7. To have a showcase to display the achievements and show the end product that the
Black Educational developed.
8. Collect and display all memorabilia available pertaining to all individuals of the Early
Pittsylvania County Black Educational System
0
ml
:•
-8734
-8604
6k*1i1 om
El
2530-38-1422
ias_ n-lms jq -0 FKw
NORTI-ISIDE ®F
7
2530-38-4680
2530-38-4367
r
2530-37-4789
1
c;-
Exempt from Recordation Taxes and Fees under Sections 58.1-822(A) (3), 58.1-811(C) (4J), 58.1-
811(C) (5), 58.1-3315, 42.1-70,17.1-266 and 17.1-279(E) ofthe Code of Virginia, 1950, as amended.
The existence of title insurance is unknown to the Preparer.
This Deed was prepared bv:
J. Vaden Hunt, Esq.
Pittsylvania County Attorney
1 Center Street
P.O. Box 426
Chatham, Virginia 24531
VSB # 65574
Tax Map #: 2530-38-6169
DEED OF BARGAIN AND SALE
THIS DEED OF BARGAIN AND SALE (the "Deed"), made this th day. of October,
2017, by and between the BOARD OF SUPERVISORS OF THE COUNTY OF
PITTSYLVANIA, VIRGINIA (the `Board of Supervisors"), a political subdivision of the
Commonwealth of Virginia, party of the first part, GRANTOR, and NORTHSIDE HIGH
SCHOOL MUSEUM, INC., a Virginia corporation ("the Museum"), party of the second party,
GRANTEE:
WITNESSETH:
WHEREAS, per §15.2-1800(B) of the Code of Virginia, 1950, as amended, the Board of
Supervisors, on September 19, 2017, at a regularly scheduled public meeting, conducted a public
hearing (the "Public Hearing") regarding the disposition, sale, and surplus of the parcel
containing Northside High School historic marker, identified as Tax Map # 2530-38-6169,
located at the comer of Northside Drive and the Payne Street Extension in Gretna, Virginia (the
"Property");
WHEREAS, per §15.2-1813 of the Code of Virginia, 1950, as amended, the Board of
Supervisors duly and properly advertised the Public Hearing in the August 30, 2017, and
September 6, 2017, issues of the Chatham .Star Tribune, a newspaper published in and having
general circulation in Pittsylvania County, Virginia; and
WHEREAS, the Board of Supervisors, at the Public Hearing, by a duly adopted
affirmative motion, authorized the disposition, sale (via public or private), and surplus of the
Property to the Museum.
NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS AND NO
CENTS ($10.00), cash in hand paid, and other good and valuable consideration, the receipt and
sufficiency of all of which is hereby acknowledged, the party of the first party, the Board of
Supervisors, does hereby BARGAIN, SELL, GRANT, and CONVEY with SPECIAL
WARRANTY OF TITLE to the said party of the second part, the Museum, the following
described tract, or parcel of land, with improvements thereon and appurtenances there unto
belonging, lying in the Callands-Gretna Magisterial District -of Pittsylvania County, Virginia, and
more particularly described as follows:
0.0600 acre parcel, Tax Map # 2530-38-6169, on the comer of Northside Drive
and Payne Street Extension in Gretna, Virginia, containing a Northside High
School historic marker, being a portion of the same property conveyed by the
School Board of Pittsylvania County, Virginia, to the Board of Supervisors of
Pittsylvania County, Virginia, by Deed dated June 14, 2005, recorded in the Clerk's
Office of the Circuit Court of Pittsylvania County, Virginia, in Deed Book 1503,
page 569.
WHEREAS, this Property is conveyed in its "AS IS" condition, without warranty or
representation as to its condition, value or permitted use, including without limitation, any
warranty or representation with regard to the presence of any toxic or hazardous substances or
materials of any nature (including, but not limited to, petroleum, lead. radon, asbestos, or
asbestos-related materials).
WHEREAS, this conveyance is made expressly subject to (i) any and all rights,
privileges, covenants, easements, conditions, restrictions and agreements as are of record, insofar
as they may be lawfully applicable to the Property, (ii) any unrecorded utility easements,
including any relocated easements for utilities and any relocated utility lines and related
facilities, on, under or across the Property, and (iii) any and all prior grants, conveyances and/or
reservations of the coal, oil, gas, including coal methane gas, stone, sand, minerals, and/or other
subsurface rights or interests, as are of record, insofar as they may be lawfully applicable to the
Property; and, to the extent of any such prior grants, conveyances and/or reservations of coal, oil,
gas, including coal methane gas, stone, sand, minerals, and/or other subsurface rights and
interests therein, the same are excluded from this conveyance.
IN WITNESS WHEREOF, Robert W. Warren, Chairman of the Board of Supervisors of
the County of Pittsylvania, Virginia, and Silas Musgrove, Chairman of Northside High Museum,
Inc., have affixed their signatures and seals hereto.
[THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
GRANTOR
BOARD OF SUPERVISORS OF THE
COUNTY OF PITTSYLVANIA, VIRGINIA
Robert W. Warren
Chairman
To wit:
COMMONWEALTH OF VIRGINIA
COUNTY OF PITTSYLVANIA
1, , a Notary Public in and for the County of
Pittsylvania, Virginia, do hereby certify that Robert W. Warren, Chairman of the Board of
Supervisors of the County of Pittsylvania County, Virginia, whose name is signed to the
foregoing Deed bearing the date of the of October, 2017, has personally appeared before
me and acknowledged the same.
Given under my hand this th day of October, 2017.
My commission expires:
Notary Public
Notary Public Number
APPROVED AS TO FORM
TA11*-�
J. Vaden Hunt, Esq.
Pittsylvania County Attorney
GRANTEE
NORTHSIDE HIGH MUSEUM, INC.
By: (SEAL)
Silas Musirove
Chairman
To wit:
COMMONWEALTH OF VIRGINIA
COUNTY OF PITTSYLVANIA
a Notary Public in and for the County of
Pittsylvania, Virginia, hereby certify that Silas Musgrove, Chairman of Grantee, whose name
are signed to the foregoing Deed bearing the date of ,k*e of October, 2017, have personally
appeared before me and acknowledged the same.
Given under my hand this &4fh day of October, 2017.
My commission expires:
Not Pub 'c
Notary Public Number
Hollye Keesee
Commonwealth of Vifginle
J Notary Public
4411�yrf�Ei1 ! „ Commission No. 76749191
' MY Commission E.c es
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Request for Public Hearing to Amend Pittsylvania
County Code (PCC) Section 2.2-22; Running At Large
Restriction in Designated Areas, to include Green
Farm Road
SUBJECUPROPOSAUREOUEST:
Request for Public Hearing
STAFF CONTACT(S):
Mr. Davis
AGENDA DATE:
11-28-2017
ACTION: 0
CONSENT AGENDA: ❑
ROLL CALL VOTE: 0
INFORMATION: ❑
ATTACHMENTS:
1) Section 2.2-22; Running At Large Restriction in
Desginated Area
2) GIS Map of Green Farm Road
REVIEWED BY: 5Ed,$
SUMMARY:
Staff received a petition submitted by Mary Moore, resident of Green Farm Road in the County, requesting
the Board of Supervisors to consider amending Pittsylvania County Code (PCC) Section 2.2-22; Running At
Large Restriction in Designated Areas, to include Green Farm Road. This road serves as the border between
the Dan River and Banister Districts.
Ms. Moore has developed a petition in favor of a controlled area defined as the entirety of Green Farm Road.
Staff has verified there are 62 property owners on Green Farm Road. Ms. Moore's petition now has 38
signatures (64.3%) requesting a public hearing for citizen input on amending Pittsylvania County Code
(PCC) Section 2.2-22; Running At Large Restriction in Designated Areas, to include Green Farm Road.
FINANCIAL IMPACT AND FUNDING SOURCE:
N/A
RECOMMENDATION:
Staff recommends setting a public hearing for citizens' input, to be held at the Board's next Business meeting
on Tuesday, December 19, 2017.
MOTION:
"I make a motion to direct staff to advertise a public hearing for a proposed amendment to include Green
Farm Road in Section 2.2-22; Running At Large Restriction in a Designated Area, of the Pittsylvania County
Code."
PETITION FOR CONTROLLED AREA 0
We the undersigned residents of rifc!) f�kI'm AJ in Pittsylvania
County, Virginia hereby petition rthe Pittsyl�y is County Board of Supervisors for a
controlled area from [7)1 <_f.21 b i Perl /(lo^rn 3(o r, to / 56,
in accordance with Chapter 2, Section 2-22 of the Pittsylvania County Code.
Petitioner Witness
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PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
BUSINESS MEETING
AGENDA TITLE:
Courthouse Chiller Replacement
SUBJECT/PROPOSAL/REOUEST:
Request for Authorization to Develop RFP for the
Replacement of the 135 Ton Chiller for the
Courthouse
STAFF CONTACT(S):
Mr. Hicks
SUMMARY:
AGENDA DATE:
11-28-2017
ACTION:
CONSENT AGENDA: ❑
ROLL CALL VOTE:
ATTACHMENTS:
None
REVIEWED BY:
A
ITEM NUMBER:
11(g)
INFORMATION: ❑
CC'S
As the cooling season ended this fall, we began experiencing problems with the 135 ton chiller for the
courthouse. Several leaks were detected in the system and repairs were unable to fix the problems. Several
additional attempts were made to repair the unit. The unit will not hold a charge and will not be useable for
the 2018 cooling season. This unit was installed in 1991. This unit services the newest portion of the
courthouse complex. To develop a set of specifications for a new unit, advertise for bids, award the bids,
order the unit and install the unit, we estimate it will take at least 3-4 months, which will put us close to the
cooling season. The estimated cost for replacement is $250,000. As the Board will recall, the County
replaced the 65 ton unit a couple of years ago.
FINANCIAL IMPACT AND FUNDING SOURCE:
No funds are currently in the FY 17/18 budget. Funding will likely come from unappropriated fund balance.
Authorize Staff to proceed with the development of an RFP for the replacement of the unit.
MOTION:
"I make a motion to authorize staff to proceed with the development of an RFP for the replacement of the
chl35 ton chiller for the courthouse."
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
BUSINESS MEETING
AGENDA TITLE•
Sheriff's Department Radios
Purchase of radios, chargers, and bay chargers
STAFF CONTACT(S):
Hon. Mike Taylor, Sheriff
AGENDA DATE:
11-28-2017
ACTION: ¢J
CONSENT AGENDA: ❑
ROLL CALL VOTE: 0
11(h)
INFORMATION: ❑
ATTACHMENTS:
Memorandum from the Hon. Mike Taylor, Sheriff
REVIEWED BY: 5Eds
SUMMARY:
The Sheriff Department's existing Unity 100 Harris hand-held radio's warranty will expire in 2020. In
recent meetings with Harris, the Harris LX -200 hand-held radios have been offered at an extremely viable
purchase price. These newer radios will still have enough LTE technology for communication even if/when
there is no connectivity to the county's existing tower sites. This would be a sole source purchase in the
amount of $229,680.88 for 154 radios; chargers, and bay chargers.
FINANCIAL IMPACT AND FUNDING SOURCE:
The $229,680.88 would come from the 242 Fund; Federal Restrictive Fund Account.
Staff submits this to the Board for their review, consideration, and approval
MOTION:
"I make a motion to approve the Sheriff's request for the purchase of the radios and equipment as presented
in his memorandum, in the amount of $229,680.88 charged to the 242 Fund, and noting this is a sole source
purchase."
November 10, 2017
Pittsylvania County Administration
1 Center Street
P. 0. Box 436 Chatham, Virginia
24531
JUSTIFICATION FOR APPROPRIATIONS
OF
FEDERAL ASSET FORFEITURE FUNDS
PITTSYLVANIA COUNTY SHERIFF'S OFFICE
1. Executive Summary
This justification is to show the need to purchase 154 XL -200 P25 Phase 2 hand-held radios
with 256 -AES, 64 -DES Encryption w/ OTAP, TDMA, P25 trunking capabilities and
VC2000 charger units that will enhance the effective communications for personnel of the
Sheriff s Office.
2. Identification of the Assessment of Need
The existing Unity 100 Harris hand-held radio's warranty will expire in 2020. The Unity
100s have practical usage (life -span) through the year 2022. In recent meetings with
Harris Public Safety and Professional Communications Division the Harris XL -200 hand-
held radios have been offered at an extremely viable purchase price. The XL -200 radio
will have technological advancements that will support the Sheriff's Office effective
communications for a minimum of two decades. These advancements include SIMS card
availability which is part -in -parcel to Virginia's FirstNet, a program announced by
Governor McAuliffe in mid- 2017. FirstNet and AT&T will build, operate and maintain
a highly secure wireless broadband communications network for Virginia's public safety
community at no cost to the state for the next 25 years. The FirstNet network will deliver
innovation and create an entire system of modernized devices, apps and tools for first
responders. http://www.att.com/firstrespondernews
What this equates to the deputies in the field is even if/when there is no connectivity to
the county's existing tower sites, effective communications will still be had through LTE
technology utilizing AT&T data packets. This in itself significantly creates a safer
environment for all deputies as they serve the citizens of the county.
3. Scope of Planning, Conclusion and Recommendation
Members discussed pricing with Harris representatives. Hams
has quoted a discounted price of $1,415.47 per radio provided
the Unity 100 currently in use be tamed into Harris. In
comparison the lowest quoted Virginia bid price to a northern
Virginia police agency was $3,400.
Federal Engineering has confirmed that the XL -200 radios are
the only hand-held radios that will communicate with the in -
car repeaters currently in the Sheriff s vehicles. It has also
been confirmed through Federal Engineering that the county's
contract with Harris allows the acquisition and is in
compliance with Virginia and the county procurement policy.
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
BUSINESS MEETING
AGENDA TITLE: AGENDA DATE: ITEM NUMBER:
2018 General Reassessment Extension Request from 11/28/2017 11(i)
the Pittsylvania County Board of Assessors
ACTION: ® INFORMATION: ❑
Potential Approval of the Board of Assessors Request CONSENT AGENDA: ❑
for a 60 -day Extension from Circuit Court
ROLL CALL VOTE:
ATTACHMENTS: (3)
1. Virginia Code § 58.1-3257 (Ex. "A");
2. BOA 2018 General Reassessment Extension Request
STAFF CONTACT(S): Letter (Ex. `B"); and
Mr. Hunt 3. Circuit Court Grant Extension Letter ("Ex. "C").
REVIEWED BY: AC'S
SUMMARY:
The legal deadline for completing the Pittsylvania County, Virginia (the "County"), 2018 General
Reassessment is December 31, 2017. Pursuant to legal authority contained in Virginia Code § 58.1-3257,
attached hereto as Exhibit "A," the Pittsylvania County Board of Assessors ("BOA") has formally requested
that the Pittsylvania County Board of Supervisors ("BOS") approve a 60 -day extension to complete the
necessary steps needed to finalize the Assessment and conduct the necessary Appeals. A copy of the BOA's
request letter is attached hereto as Exhibit `B." The primary cause of the necessity for said extension is that
Assessment clerical staff turn -over has created siginificant challenges in meeting the Decemebr 31, 2017,
legal deadline. The BOA anticipates that the General Reassessment will be completed within a 30 -day
period after December 31, 2017.
FINANCIAL IMPACT AND FUNDING SOURCE:
Upon information and belief, none.
RECOMMENDATION:
County Staff recommends that the BOS approve the BOA's request for a 60 -day extension to complete the
2018 General Reassessment and Appeals, and have the County Attorney request said extension from the
Pittsylvania Circuit Court Judge. A copy of a sample request letter is attached hereto as Exhibit "C."
MOTION:
"I make a Motion to approve the Board of Assessors request for a 60 -day extension to complete the County's
2018 General Reassessment and Appeals, and direct the County Attorney to request said extension from the
Pittsylvania Circuit Court Judge."
BOARD OF ASSESSORS
18 DEPOT STREET
CHATHAM, VA 24531
(434) 432-7816
reassessment@pittgov.org
November 2, 2017
I Vaden Hunt
County Attorney
County of Pittsylvania
P. O. Box 426
Chatham, VA 24531
Re: 2018 General Reassessment Extension Request
Dear Mr. Hunt:
The legal deadline for completing the Pittsylvania County 2018 General Reassessment is
December 31, 2017. However, Section 58.1-3257 of the Code of Virginia (attached) provides for an
extension not exceeding three months, to be granted by the Circuit Court.
The Board of Assessors would like to request a 60 -day extension, which appears, at this time, to
be adequate. We anticipate that the reassessment will be completed within a 30 -day period after
December 31, 2017. During the Board's last meeting, Mr. Thomas with Wingate Appraisal Service, laid
out the necessary and proper steps needed to complete the assessments and conduct the appeals. The
principal delay at this point, involves the progress of the County -provided clerical, where employee
turnover has created significant challenges in meeting the December 31 deadline.
Subsequently, a vote was taken and passed to request the appropriate extension. We regret the
need for additional time and we will strive to have everything completed as early as possible.
A sample extension request is included for your convenience, and should you have any
questions, please advise.
Sin rely,
Geor Rea, Jr., firman
Boar f Assessors
Code of Virginia
Title 58.1. Taxation
Chapter 32. Real Property Tax
§ 58.1-3257. Completion of work; extensions
A. Except as provided in subsection B, in every city and county the person or officers making such
reassessment shall complete the same and comply with the provisions of § 58.1-3300 not later
than December 31 of the year of such reassessment. But the circuit court in such city or county
may for good cause, extend the time for completing such reassessment and complying with such
section for a period not exceeding three months from December 31 of the year of such
reassessment.
B. In Hanover County, the person or officers making such reassessment shall complete the same
and comply with the provisions of § 58.1-3300 not later than three months after December 31 of
the year of such reassessment.
Code 1950, § 58-792; 1968, c. 742; 1971, Ex. Sess., c. 221; 1976, c. 717; 1980, c. 2; 1984, c. 675;
2001, c. 449;2007, c. 813.
The chapters of the acts of assembly referenced in the historical citation at the end of this section
may not constitute a comprehensive list of such chapters and may exclude chapters whose
provisions have expired.
11/212017
SAMPLE LETTER
J. Vaden Hunt
County Attorney
County of Pittsylvania
P. O. Box 426
Chatham, VA 24531
Judge, Circuit Court
Dear Judge
Pursuant to Section 58.1-3257 of the Code of Virginia, as amended, we respectfully request a
60 -day extension in which to complete the General Reassessment for Pittsylvania County.
This extension is necessary in order to complete the clerical work, public hearings, and reviews
in a timely and orderly manner.
Very truly yours,
J. Vaden Hunt
County Attorney
Copy: Wingate Appraisal Service
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
BUSINESS MEETING
AGENDA TITLE:
Appointments to the Pittsylvania County Planning
Commission
SUBJECT/PROPOSAL/REOUEST:
Planning Commission appointments for Tunstall and
Dan River Districts
STAFF CONTACT(S):
Ms. Flippen
AGENDA DATE:
11-28-2017
ACTION: H
CONSENT AGENDA: ❑
ROLL CALL VOTE:
ATTACHMENTS:
None
REVIEWED BY:
12(a)
INFORMATION: ❑
0 4S
SUMMARY:
Stanton River District:
The term for the Dan River District Representative on the Planning Commission expires December 31,
2017. The Honorable Joe B. Davis has nominated for re -appointment Brian Horne, for a 4 -year term
beginning January 1, 2018 until December 31, 2022.
Tunstall District:
The term for the Tunstall District Representative on the Planning Commission expires December 31, 2017.
Morris Stowe currently holds this position and is eliligle for re -appointment.
FINANCIAL IMPACT AND FUNDING SOURCE:
N/A
RECOMMENDATION:
Staff submits this for the Board's review and consideration.
MOTION:
1) " I make a motion to appoint Brian Horne as the Dan River Representative on the Pittsylvania County
Planning Commission for a four (4) year term that will commence January 1, 2018 through December 31,
2022."
2) "I make a motion to appoint as the Tunstall District Representative on the
Pittsylvania County Planning Commission for a four (4) year term that will commence January 1, 2018
through December 31, 2022."
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
BUSINESS MEETING
AGENDA TITLE:
Appointment to the Pittsylvania County Service
Authority
SUBJECTIPROPOSA VREOUEST:
Service Authority appointment for the Staunton River
Representative
STAFF CONTACT(S):
Ms. Flippen
AGENDA DATE: ITEM NUMBER:
11-28-2017 12(b)
ACTION: H INFORMATION
CONSENT AGENDA: ❑
ROLL CALL VOTE:
ATTACHMENTS:
None
REVIEWED BY:
�9
C7'S
SUMMARY:
The Pittsylvania County Board of Supervisors makes appointments to the Pittsylvania County Service
Authority to serve four (4) year terms per appointment.
J
The term for the Staunton River District representative ends December 16, 2017. The new seat term would
begin December 17, 2017 and end December 16, 2021.
Mr. Elton W. Blackstock, Jr. is the current representative and is eligible for reappointment.
FINANCIAL IMPACT AND FUNDING SOURCE:
N/A
RECOMMENDATION:
Staff submits this for the Board's review and consideration.
MOTION:
"I make a motion to appoint
the Pittsylvania County Service Authority for a four (4)
through December 16, 2021."
_ as the Staunton River District Representative on
year term that will commence December 17, 2017
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
BUSINESS MEETING
AGENDA TITLE:
Appointment to the Pittsylvania County Public
Library Board of Trustees
Library Board of Trustees appointment for the Town
of Hurt Representative
STAFF CONTACT(S):
Ms. Flippen
AGENDA DATE:
11-28-2017
ACTION: 1z
CONSENT AGENDA: ❑
ROLL CALL VOTE:
ATTACHMENTS:
None
ITEM NUMBER:
12(c)
N
CWS
INFORMATION: ❑
SUMMARY:
The Honorable Elton W. Blackstock, Jr. has nominated Phyllis Roach to serve as the Town of Hurt
representative on the Pittsylvania County Public Library Board of Trustees for a 4 -year term beginning July
1, 2017 — June 30, 2021. This would be a first term for Ms. Roach
FINANCIAL IMPACT AND FUNDING SOURCE:
N/A
Staff submits this for the Board's review and consideration.
MOTION:
"I make a motion to appoint Phyllis Roach as the Town of Hurt Representative on the Pittsylvania County
Public Library Board of Trustees for a four (4) year term that will commence July 1, 2017 through June 30,
2021."