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11-20-2012 Adjourned MeetingAdjourned Meeting November 20, 2012 Page | 1 Pittsylvania County Board of Supervisors Tuesday, November 20, 2012 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, November 20, 2012 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Tim R. Barber, Chairman, called the meeting to order at 7:01p.m. The following members were present: Tim Barber Tunstall District James Snead Dan River District Coy E. Harville Westover District Jessie L. Barksdale Banister District Jerry A. Hagerman Callands-Gretna District Brenda H. Bowman Chatham-Blairs District Marshall Ecker Staunton River District Mr. William D. Sleeper, County Administrator, Mr. J. Vaden Hunt, County Attorney, Mr. Greg L. Sides, Assistant County Administrator for Planning and Development, Mr. Odie Shelton, Jr., and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Barber led the Pledge of Allegiance. Approval of Agenda Motion was made by Mr. Ecker, seconded by Mr. Snead, to approve the agenda with the following additions/deletions: Additions: (a) Open Space Land Use Application – Laurel, Inc. (b) Employee Stipend (c) Beautification Committee Deletions: (a) Closed Session Mr. Ecker’s motion was unanimously approved by the Board. Hearing of the Citizens Mr. Jason Andrews of the Callands-Gretna District thanked the Board for all that they do and offered a word of prayer. Mr. Richard Shumate of the Westover District made comments opposing the Solid Waste Fee ordinance and the amount of taxes in general paid by the citizens of the County. Mr. Eric Deaton, Chief Executive Officer for Danville Regional Medical Center thanked the Board for their support on the Mt. Hermon clinic and invited the Board to the clinic’s open house on December 2, 2012. Consent Agenda Motion was made by Mr. Snead, seconded by Harville, to approve the Consent Agenda. (a) Regional One - December (b) Department of Motor Vehicles (DMV) Pet Friendly Tags - Sterilization Program Adjourned Meeting November 20, 2012 Page | 2 A Roll Call Vote was recorded in order to appropriate the $840 due from DMV to Pittsylvania County from the Pet Friendly Tags Sterilization Program once it is received by the County: Mr. Ecker-Yes; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman- Yes; Ms. Bowman-Yes; and Mr. Barber-Yes. Mr. Snead’s motion was unanimously approved by the Board. Public Hearing Rezoning Cases: Case 1: New Bethel Missionary Baptist Church-Staunton River District; R-12-044 A-1, Agricultural District to R-1, Residential Suburban Subdivision District Mr. Barber opened the public hearing at 7:10pm. Mr. Shelton explained that the New Bethel Missionary Baptist Church had petitioned to rezone 1.01 acre, located off State Road 640/Wards Road, in the Staunton River Election District from A-1, Agricultural District to R-1, Residential Suburban Subdivision District (to combine with the adjacent parcel of land zoned R-1). The Planning Commission, with no opposition, recommended granting the petitioner’s request. Robert Hunt, Jr., and Frank Monroe were present to represent the petition. No one signed up to speak and Mr. Barber closed the hearing at 7:11pm. Motion was made by Mr. Ecker, seconded by Ms. Bowman, to approve rezoning Case R-12-044 from A-1 to R-1 and the following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-Yes; and Mr. Barber-Yes. Mr. Ecker’s motion was unanimously approved by the Board. Case 2: Jacqueline Kirby – Chatham-Blairs District; R-12-045 R-1, Residential Suburban Subdivision District to B-1, Business District, Limited Mr. Barber opened the public hearing at 7:12pm. Mr. Shelton explained that Jacqueline Kirby had petitioned to rezone 0.52 acre, located on State Road 719/Mount Hermon Circle in the Chatham-Blairs Election District from R-1, Residential Suburban Subdivision District to B-1, Business District, Limited (for a child day care center). The petitioner had submitted a proffer stating the 0.52 acre parcel of land will not be used for any permitted uses, listed by right, under Section 35-346 that are not solely related to the child day care center; that any other uses, other than stated, will require a new petition with a Public Hearing and approval by the Board of Supervisors; and should the child day care center ever be dissolved, she will petition the Board of Supervisors to rezone the property back to R-1, Residential Suburban Subdivision District. The Planning Commission, with opposition, recommended denying the petitioner’s request. Jacqueline Kirby was not present to represent the petition and no one had signed up to speak. Mr. Barber closed the hearing at 7:13pm. Ms. Bowman stated that after the Planning Commission had met, that Ms. Kirby indicated her desire to withdraw her application for rezoning. Motion was made by Ms. Bowman, seconded by Mr. Ecker, to deny rezoning Case R- 12-045 from R-1 to B-1, as this would be spot zoning this area and the following Roll Call Vote was recorded: Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-Yes; Mr. Harville-Yes; and Mr. Barber-Yes. Ms. Bowman’s motion was unanimously approved by the Board. This concluded the Rezoning Cases. Public Hearings Public hearing to receive citizen input on the proposed amendment to Chapter 6-6.3, Property Exempt by Classification or Designation, of the Pittsylvania County Code. The proposed amendment would establish a tax exempt status for the Pittsylvania Christian Adjourned Meeting November 20, 2012 Page | 3 Service Camp, Inc. (Camp Pitt); GPIN #1488-59-2189, located at 1232 Oxford Road, Chatham, VA. Mr. Barber opened the public hearing at 7:15pm. Mr. Sleeper explained that the Pittsylvania County Christian Service Camp, Inc. has requested the Pittsylvania County Board of Supervisors to exempt property located at 1232 Oxford Road, Chatham, Virginia, located in the Callands-Gretna District. This area has been known as Camp Pitt, and utilized by many of the church organizations for several years. The total assessed value of this property is $75,700 for the building facility and the 13.45 acres of land and the current annual tax on this property is $423.92. No one signed up to speak and Mr. Barber closed the public hearing at 7:16pm. Motion was made by Mr. Hagerman, seconded by Mr. Barksdale, to approve designating the property, known as GPIN #1488-59-2189, located at 1232 Oxford Road, “Camp Pitt”, as a tax exempt property for the Pittsylvania County Christian Service Camp, Inc. and amend Chapter 6- 6.3 of the Pittsylvania County Code to include this property as exempt. The following Roll Call Vote was recorded: Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-Yes; Mr. Harville-Yes; Mr. Snead-Yes; and Mr. Barber-Yes. Mr. Hagerman’s motion was unanimously approved by the Board. This concluded the Public Hearings. Unfinished Business At the November 5, 2012 meeting of the Board, a motion was made by Mr. Harville and seconded by Mr. Barksdale and had now met the 10-day layover requirement, for the reappropriation of funds as follows: $399.34 to Clerk of Court-Copier Lease (100-4-021600- 60051), $3,982.36 to Sheriff-Parts (100-4-031200-6030), $2,621.00 to Sheriff-Svc Costs-Labor (100-4-031200-6031), $47.24 to Sheriff-Uniforms (100-4-031200-6011), $337.08 to Fire & Rescue –Vehicle Insurance (100-4-032200-5305), $26.52 to Fire & Rescue-United Way Contribution (100-4-032200-5667), $64.75 to Jail-Extradition (100-4-033100-5550), $2,820.00 to Jail-Police Supplies (100-4-033100-6010), $23.90 to Animal control-Professional Health Services (100-4-035100-3110), $260.00 to Library-Postage (100-4-073100-5210), $160.22 to Library-Fuel (100-4-073100-6008), $14,287.22 to WIA-Rent (251-4-353160-5420). The following Roll Call Vote was recorded: Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-Yes; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; and Mr. Barber-Yes. Mr. Harville’s motion was unanimously approved by the Board. New Business Motion came from the Legislative Committee to set a public hearing for December 18, 2012 to receive citizen input on a proposed amendment to Chapter 14, Public Buildings and Property, of the Pittsylvania County Code that would establish Section 14.4; Posting Generally, that would prohibit the posting of any fliers, signs, posters, or advertisements on any buildings, fences, poles, or other property owned by the County, and that any person found guilty of violating this Section would be deemed guilty of a Class 3 misdemeanor. The Board unanimously approved setting a public hearing date of December 18, 2012 for citizen input on this proposal. Motion came from the Legislative Committee to approve proposed amendments to the By-Laws and Rules of Procedures of the Pittsylvania County Board of Supervisors and for this item to layover until the January 7, 2013 meeting of the Board of Supervisors. Adjourned Meeting November 20, 2012 Page | 4 Motion was made by the Legislative Committee to authorize the County Administrator to contact the County’s local delegates and senators of the Virginia General Assembly to add Pittsylvania County in lines 8 and 10 in §15.2-2159(A) of the Code of Virginia, 1950, as amended, which was unanimously approved by the Board of Supervisors. Mr. Ecker and Mr. Harville made a declaration that they were participants in the Land Use Program but that they did not have a conflict in voting on issues concerning Land Use. Motion then came from the Legislative Committee to approve only the form originally approved by the Board of Supervisors as the revalidation form for participants in the Land Use Program, and to advertised through local media that the second page sent was for informational purposes only and participants in the program were not required to fill out the second page, which was unanimously approved by the Board. Motion was made by Ms. Bowman, seconded by Mr. Ecker, to approve a Bond Compliance Policy that would be incorporated into the Board’s Policies and Procedures, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOND COMPLIANCE POLICIES AND PROCEDURES These County Bond Compliance Policies and Procedures were approved by the Board of Supervisors on November 20, 2012. Statement of Purpose: The County may, from time to time, finance its capital improvements and operations through the issuance of debt obligations that are eligible for tax benefits under federal and state law. Such obligations may include tax exempt bonds and/or bonds eligible for tax credits (direct subsidies to the County or tax credits to bond owners). All such obligations are referred to herein as “County Bonds,” whether in the form of general obligation bonds, revenue bonds, bond anticipation notes, tax anticipation notes, lease-purchase obligations, installment-purchase obligations, tax increment bonds or otherwise. The purpose of these policies and procedures is to ensure that the requirements of the federal and state law necessary to preserve the tax advantages of County bonds are continuously complied with for the requisite periods. These policies and procedures may be modified, expanded, abridged, or otherwise amended by the Board of Supervisors upon consultation with the County Attorney and the County’s Bond Counsel. A. General Policies and Procedures 1. The County Administrator shall identify an appropriate staff member (currently the Finance Director) to be responsible for monitoring post-issuance compliance issues. The County Administrator shall be responsible for ensuring an adequate succession plan for transferring post-issuance compliance responsibility when changes in staff occur. Adjourned Meeting November 20, 2012 Page | 5 2. The Finance Director or designee will coordinate procedures for record retention and review of such records. 3. The Finance Director or designee will review post-issuance compliance procedures and systems on a periodic basis, but not less than annually. 4. Overall administration and coordination of this policy is the responsibility of the County Administrator. Such person shall be responsible for identifying any violations of federal tax requirements relating to the bonds and shall consult with Bond Counsel as to the best method for the timely correction of any identified violations either through available remedial actions or through the IRS’s Voluntary Closing Agreement Program. B. Issuance of Obligations The Finance Director or designee will: 1. Obtain and store a closing binder and/or CD or other electronic copy of the relevant and customary transaction documents. 2. Confirm that Bond Counsel has filed the applicable information report (e.g., Form 8038- G, Form 8038-CP) for such issue with the IRS on a timely basis. 3. Coordinate receipt and retention of relevant books and records with respect to the investment of expenditure of the proceeds of such Obligations with other County staff. C. Expenditure of Proceeds The Finance Director or designee will: 1. Coordinate the tracking of expenditures, including the expenditure of any investment earnings. 2. Only permit bond proceeds to be expended for capital expenditures or costs of issuance of the issue. 3. Ensure that no more than 2 percent of proceeds are applied to payment of costs of issuance for all bonds, unless Bond Counsel indicates that such 2 percent limit does not apply. 4. Monitor the expenditure of proceeds against the tax certificate expectation. 5. Monitor the expenditure of proceeds against the schedule for the arbitrage rebate exception or exceptions identified in the tax certificate. 6. Consult with Bond Counsel after issuance to ensure that all applicable post-issuance requirements are met, including without limitation consultation in connection with the contracts with respect to the use of bond financed assets. Adjourned Meeting November 20, 2012 Page | 6 D. Investment of Proceeds Investment of bond proceeds will be done in compliance with the arbitrage bond rules and rebate of arbitrage will be supervised by the Finance Director or other staff member designated by the County Administrator, under the direction of the Treasurer. All proceeds will be deposited and maintained in separate account(s). The investment of bond proceeds shall comply with the following: 1. Investments will be purchased only in market transactions at fair market value. 2. Calculations of rebate liability will be performed periodically as set forth in the tax certificate by outside consultants unless the County is eligible for an exception to the rebate liability. 3. Rebate payments, if required, will be made with Form 8038-T no later than 60 days after each fifth anniversary of the date of issuance and the final retirement of the issue. Compliance with rebate requirements will be reported to any bond trustee. E. Debt Service Payments The Finance Director or designee will: 1. Ensure the Treasurer’s Office receives all debt service invoices in a timely manner. If not delivered directly to the office, the trustee will be contacted for an invoice. 2. Record the wire transfer completed by the Treasurer’s Office in the general ledger for all debt service payments. 3. Adjust all bonds payable accounts for principal payments completed during the fiscal year. F. Continuing Disclosure Requirements The Finance Director or designee will: 1. Coordinate and monitor continuing disclosure requirements with all outstanding bond issues. 2. Maintain Electronic Municipal Market Access (EMMA) system registration with the Municipal Securities Rulemaking Board (MSRB) to submit electronic copies of the Comprehensive Annual Financial Report or other compliance documents necessary to meet compliance requirements. 3. Send the Comprehensive Annual Financial Report to all national and/or state repositories, as required. Adjourned Meeting November 20, 2012 Page | 7 4. Notify the trustee for each bond issue when continuing disclosure requirements have been met. G. Records 1. Records will be retained for the life of the bond issue, plus any refunding, plus five years. Records may be in the form of documents or electronic copies of documents. 2. Retainable records pertaining to bond issuance include the transcript of the documents executed in connection with the issuance of bonds and any amendments, and copies of rebate calculations and records of payments. 3. Retainable records pertaining to expenditures of bond proceeds include requisitions, trustee statements (if any), investment agreements and final allocation of proceeds. 4. Retainable records pertaining to the types of facilities financed with the proceeds of an issue include whether such facilities are land, buildings or equipment, economic life calculations and information regarding depreciation and contracts involving the use of facilities. H. Potential Non-compliance 1. Upon discovery of any potential non-compliance with any requirements of federal or Virginia law necessary to preserve the tax advantage of County Bonds, the Director of Finance will promptly consult with Bond Counsel to determine if non-compliance, in fact, occurred, and if so, what actions are needed to remedy such non-compliance. Motion was made by Mr. Snead, seconded by Mr. Ecker, to approve and appropriate a total of $95,306.85 to the dislocated worker-unobligated program funds line item (251-4-353851-5743). The following Roll Call Vote was recorded: Ms. Bowman-Yes; Mr. Ecker-Yes; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; and Mr. Barber-Yes. Mr. Snead’s motion was unanimously approved by the Board. Motion was made by Mr. Hagerman, seconded by Mr. Ecker, to postpone to December 3, 2013 Item 11; Approval of the Comprehensive Economic Development Strategy Project List for West Piedmont Planning District Commission (WPPDC) until Mr. Hagerman discussed some of the projects with Mr. Greg Sides, Assistant County Administrator for Planning and Development, which was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Barksdale, to approve a right-of-way easement for utility service to the new E911 tower on Rockford School Road compactor site in the Callands-Gretna District, and authorize the County Administrator to sign all necessary documentation, easement, and service contracts, which was unanimously approved by the Board. Motion was made by Mr. Barksdale, seconded by Mr. Snead, to award a uniform rental contract bid to Coyne Textile Services for a two year contract with an annual cost of $8,801.52, which was unanimously approved by the Board. Adjourned Meeting November 20, 2012 Page | 8 Motion was made by Mr. Snead, seconded by Mr. Barksdale, to appropriate and amend $30,000.00 to the FY12/13 Budget for a 2012 State Homeland Security Program awarded to Pittsylvania County by the Virginia Department of Emergency Management for a Radio System- to-System Integration Study. The following Roll Call Vote was recorded: Ms. Bowman-Yes; Mr. Ecker-Yes; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; and Mr. Barber-Yes. Mr. Snead’s motion was unanimously approved by the Board. Appointments Motion was made by Ms. Bowman, seconded by Mr. Ecker, to approve appointing Mr. Jim Harper as the Chatham-Blairs representative to the Purchase of Development Rights (PDR) Subcommittee, which was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Barksdale, to approve Brenda Velarde as the Staunton River District representative to the Purchase of Development Rights (PDR) Subcommittee, which was unanimously approved by the Board. Motion was made by Mr. Barber, seconded by Ms. Bowman, to approve Mr. Mark Osborne as the Tunstall representative to the Purchase of Development Rights (PDR) Subcommittee, which was unanimously approved by the Board. Motion was made by Mr. Barksdale, seconded by Mr. Snead, to appoint Ms. Mollie Holmes as the Banister District representative to the Purchase of Development Rights (PDR) Subcommittee, which was unanimously approved by the Board. Added Items Motion was made by Ms. Bowman, seconded by Mr. Ecker, to approve Laurel, Inc. application for Open Space Land Use and authorize the County Administrator to sign on the behalf of the Board of Supervisors for an Open Space Agreement with Laurel, Inc. in the Chatham-Blairs District of Pittsylvania County, Virginia, which was unanimously approved by the Board. Motion was made by Ms. Bowman, seconded by Mr. Barksdale, to set the new term dates for the Beautification Committee to January 1, 2013 through December 31, 2013, and that Board members submit their district representative nominations for approval during the month of December 2012, which was unanimously approved by the Board. Motion was made by Mr. Barksdale, seconded by Mr. Hagerman, to approve an appropriate $154,000.000 from unappropriated surplus in order to give a $500 stipend to all fulltime employees and $250 stipend to all permanent part time employees. This motion required a 10-Day Layover. Adjournment Motion was made by Mr. Ecker, seconded by Mr. Snead to adjourn the meeting, which was unanimously approved by the Board. The meeting adjourned at 8:01pm.