04-06-2015 BOS reg meetingRegular Meeting
April 6, 2015
Pittsylvania County Board of Supervisors
Monday, April 6, 2015
Regular Meeting
VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Supervisors was
held on Monday, April 6, 2015 in the General District Courtroom of the Edwin R. Shields
Addition in Chatham, Virginia. Brenda H. Bowman, Chair, called the meeting to order at 7:02
p.m. The following members were present:
Tim R. Barber Tunstall District
Coy E. Harville Westover District
Jerry A. Hagerman Callands-Gretna District
Elton W. Blackstock Staunton River District
Jessie L. Barksdale Banister District
Mr. James H. Snead, Dan River District Representative, was absent.
Mr. Clarence C. Monday, County Administrator, Mr. J. Vaden Hunt, County Attorney,
Mr. Greg Sides, Assistant County Administrator for Planning and Development, Ms. Kin Van
Der Hyde, Director of Finance, and Ms. Rebecca Flippen, Deputy Clerk to the Board were also
present.
Ms. Bowman led the Pledge of Alliance.
Approval of Agenda
Motion was made by Mr. Barksdale, seconded by Mr. Blackstock, to approve the agenda
with the following changes:
(1) Move Item #7, Appropriation for compactor site contracts for Sandy River Medical
Center Road and Callahan’s Hill, for discussion after Item #12, Board discussion on
next steps concerning Poultry Feasibility Study;
(2) Move Item #8(d), Danville Life Saving Crew Radio Request, forward to be heard first
under New Business;
(3) Deletion of:
(a) Item #11, Removal of Solid Waste at 401 Wilkerson Road, Danville, VA
(b) Item #13, Discussion on “No Thru Truck Traffic” on SR799/Climax Road
(c) Item #14(a), Closed Session - §2.2-3711(A)(3) of the Code of Virginia, 1950,
as amended; Subject-Animal Shelter; and
(d) Item #14(c), Closed Session - §2.2-371(A)(3) of the Code of Virginia, 1950,
as amended; Subject-Ringgold East Industrial Park
Mr. Barksdale’s motion was unanimously approved by the Board with the exception of Mr.
Snead, who was absent.
Hearing of the Citizens
Phillip Lovelace of the Callands-Gretna District made several comments opposing
setback proposals, which included his belief it was too harmful to citizens to have minimum lot
size requirements of 2.5 acres or larger as that would increase the individual’s property tax; too
many acres would be taken out of farm production, and it appeared to be taking away citizen
rights of their own property. Mr. Lovelace stated that he did not feel the Joint Setback Study
Committee had qualified people as members.
Regular Meeting
April 6, 2015
Ann Cockrell of the Chatham-Blairs District made comments opposing vertical integrated
poultry operations in Pittsylvania County, which included her belief that the Board was moving
too fast on the matter; the feasibility study seemed more like an invitation for poultry companies
to come to Pittsylvania County, and the industry can bring damage to the County’s waterways.
Laurie Moran, Executive Director for the Danville Pittsylvania Chamber of Commerce,
stated the Chamber was in support of the proposed County proposed FY2015/16 Budget’s line
funding for Economic Development.
Richard Shumate of the Westover District offered a word of prayer. Afterwards, Mr.
Shumate stated he felt the Board of Supervisors’ salaries needed to be raised, but not as much as
proposed; commented that he opposed vertically integrated poultry industries, and concluded
with opposing comments on the setback proposals.
Karen Maute from the Westover District stated the Board of Supervisors needed to
dissolve the Agricultural Development Board and allow the County’s Agricultural Director to
perform his duties and accept responsibility. In Ms. Maute’s opinion the Agricultural Board did
not support the County farmers at large but was an advocate for a select few as was obvious with
the proposed setbacks that originated from that board. Ms. Maute felt the proposed setbacks
would create a negative impact on the County’s citizens at large and would like to set the
dissolution of the Agricultural Board as an agenda item on the next meeting of the Board of
Supervisors.
Barbara Hudson of the Callands-Gretna District made comments concerning the death of
Maria Carter on February 17, 2015 (who fell in a frozen pond). Ms. Hudson questioned the
efficiency of the communication upgrades on the E911 system in regards to mutual aid agencies
and made comments alleging the bidding process for upgrading the system was not properly
handled.
Sonja Ingram of the Dan River District made comments opposing vertical integrated
poultry industries forming in the County, noting that other localities that have this industry also
have heavily polluted rivers and odorous smells-both directly related to the poultry industry. Ms.
Ingram also felt like the County was moving too quickly in supporting the industry; felt the
feasibility study was bias; and the County should take a hard look at jobs that would actually be
available to local workers and ask if those are the jobs wanted for this County.
This concluded the Hearing of the Citizens.
Consent Agenda
Motion was made by Mr. Harville, seconded by Mr. Blackstock to approve the Consent
Agenda, with one correction in the March 23, 2015 minutes found on page 25 of the agenda
packet, correcting the name of Chris Pace to Will Pace.
Consent Agenda:
(a) Minutes: March 2, 2015 – Regular Meeting
March 17, 2015 – Adjourned Meeting
March 23, 2015 FY 2015-16 Proposed School Budget &
County Budget Public Hearings
(b) Bill List – March 2015 (Online)
Mr. Harville’s motion was unanimously approved by the Board with the exception of Mr. Snead,
who was absent.
Presentation
Diane Adkins, Director of Libraries for Pittsylvania County Public Libraries, gave a brief
presentation on programs that were available to citizens through the public libraries. Ms. Adkins
also summarized that due to the greatly increased usage of the Mt. Hermon Branch Librar y by
citizens, there was a great need to consider alternatives to its current location due to lack of space
Regular Meeting
April 6, 2015
and ongoing maintenance issues with the building its located in at Mt. Hermon Courtyard on
Franklin Turnpike.
New Business
Motion was made by Mr. Barksdale, seconded by Mr. Harville, to increase the Board of
Supervisors per regular members’ annual salary from $6,000 to $8,400, and the Chair’s salary
from $7,200 to $10,200 annually, effective January 2016. Mr. Harville’s motion was
unanimously approved by the Board with the exception of Mr. Snead, who was absent.
Motion was made by Mr. Harville, seconded by Mr. Barksdale, to amend the Economic
Development budget and appropriate $721,983 of Tobacco Grant #2970 ( VoTech Project) and
approve a transfer of $52,656 (the amount of local match for Grant #2970) from Economic
Development to the Vo-Tech-Industrial Maintenance Grant. The following Roll Call Vote was
recorded: Mr. Harville-Yes; Mr. Barber-Yes; Mr. Snead-Absent; Mr. Blackstock-Yes; Mr.
Barksdale-Yes; Mr. Hagerman-Yes; and Ms. Bowman-Yes. The Board unanimously approved
Mr. Harville’s motion with the exception of Mr. Snead, who was absent.
Motion was made by Mr. Harville, seconded by Mr. Barber, for the reappropriation of
$197,757.20 as follows: $40.99 to County Attorney-Office Supplies (100-4-012210-6001),
$10.03 to Treasurer-Office Supplies (100-4-012410-6001), $199.67 to Clerk of Courts-Copier
Lease (100-4-021600-60051), $60.00 to Sheriff-Parts (100-4-031200-6030), $30.00 to Animal
Control-Donations (100-4-035100-5883), $143.60 to Animal Control-Medical Supplies (100-4-
035100-6004), $300.00 to B&G-Building Supplies (100-4-043100-6007, $150.00 to Recreation-
Recreation Supplies (100-4-071100-6014), $275.00 to Youth Commission (100-4-081200-5696),
$8,022.29 to WIA-Other Operating (251-4-353853-6014), $3,957.27 to Vo-Tech-Capital Outlay
(325-4-081004-8102), $8,916.00 to Landfill-Repairs & Maintenance (520-4-042300-3310). Mr.
Harville’s motion required a 10-Day Layover.
Motion was made by Mr. Harville, seconded by Mr. Barksdale, to approve the purchase
request made by Danville Life Saving Crew for two (2) mobile two-way radios and two (2)
portable radios for a total cost of $15,800.18, and that Mr. Jim Davis, Director of Emergency
Management, would make the purchase to insure the radios purchased were compatible with the
County’s E911 communication system; and that the funds for making the purchase would come
from unappropriated General Funds. Mr. Harville’s motion required a 10-Day Layover.
Motion was made by Mr. Barksdale, seconded by Mr. Barber, to approve the FY 2015/16
Pittsylvania County Schools Budget in the amount of $89,674,171, which includes a local
appropriation of $16,910,298, noting that statutory requirement has been met for advertisement
and more than seven days had passed since holding the legally advertised public hearing for
citizen input. The following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber-Yes;
Mr. Snead-Absent; Mr. Blackstock-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; and Ms.
Bowman-Yes. The Board unanimously approved Mr. Barkdale’s motion with the exception of
Mr. Snead, who was absent.
Motion was made by Mr. Blackstock, seconded by Mr. Barksdale, to approve the FY
2015/16 Pittsylvania County Budget in the amount of $173,309,354, noting that since more than
seven days had passed from the budget public hearing, the statutory requirement has been
satisfied. The following Roll Call Vote was recorded: Mr. Harville-No; Mr. Barber-No; Mr.
Snead-Absent; Mr. Blackstock-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; and Ms. Bowman-
Yes. The Board by 4-2 majority vote, approved Mr. Barkdale’s motion with the exception of
Mr. Snead, who was absent.
Regular Meeting
April 6, 2015
Presented: April 6, 2015
Adopted: April 6, 2015
RESOLUTION 2015-04-01
VIRGINIA: At a regular meeting of the Pittsylvania County Board of Supervisors on
Monday, April 6, 2015 in the General District Courtroom in the Edwin R. Shields Courthouse
Addition in Chatham, Virginia, the following resolution on the annual budget for Fiscal Year
2016 was presented and adopted.
WHEREAS, the laws of the Commonwealth of Virginia require the governing body to
prepare and approve a budget for fiscal and planning purposes, not withstanding additional
requirements for the schools, including revenues and expenditures for the ensuing year by May
1, 2015; and
WHEREAS, the laws of the Commonwealth of Virginia control the distribution of funds
by appropriations giving the Board of Supervisors authority to set such appropriations at such
periodic basis as outlined in Section 15.2-2506 of the Code of Virginia, being further identified
in this Resolution with Exhibit A and Exhibit B; and
WHEREAS, a public hearing has been properly advertised and held on March 23, 2015,
in accordance with state statute as shown by the affidavit of the publisher; then,
BE IT HEREBY RESOLVED, by the Board of Supervisors of the County of
Pittsylvania, that there be hereby adopted and appropriated a budget for Fiscal Year 2016, the
full and complete budget is contained in the document entitled:
"PITTSYLVANIA COUNTY ADOPTED BUDGET"
FISCAL YEAR 2016
JULY 1, 2015 - JUNE 30, 2016
TOTALING: $ 176,206,294
BE IT FURTHER RESOLVED, that the estimated budget total of $176,206,294
includes $16,910,298 total local effort for the Pittsylvania County Schools, and $1,227,971 in
reallocated carryovers for Industrial Development Local. Included in this budget is an approval
of supplements for employees of all five (5) Constitutional Offices. These offices include the
Sheriff, Treasurer, Commissioner of Revenue, Clerk of Courts and Commonwealth’s Attorney.
Personnel costs for these offices, which include an appropriation of local funding and
compensation board funding cannot be overspent.
BE IT STILL FURTHER RESOLVED, that the funds of the School Budget, the
Library Board, and the Welfare Board shall be expended only by order and approval of those
respective boards and that no money shall be paid out for such contemplated expenditures unless
and until there has first been made an appropriation for such contemplated expenditures by the
Board of Supervisors; and,
Regular Meeting
April 6, 2015
BE IT STILL FURTHER RESOLVED that the School Budget estimate for FY 2015-
2016 be set at $92,571,081 with the local funds provided by the Board of Supervisors set at
$16,910,298 to be funded by classification as allowed by the Code of Virginia, 1950 as amended,
and the school board to report back in amounts requested to be funded in each classification if
different than shown in the approved budget.
The local funds include the following:
General Fund Local $16,910,298 (Includes $45,000 Solid Waste)
BE IT STILL FURTHER RESOLVED, that the Board of Supervisors shall receive
quarterly revenue and expenditure reports comparing receipts and expenditures to the approved
budget from the Office of the County Administrator as well as a list of transfers approved by the
County Administrator and,
BE IT STILL FURTHER RESOLVED, that the unit tax levy for the year commencing
January 1, 2015 shall be as follows:
Real Property: $.59 per $100 of assessed value, 100%
market value
Mobile Homes and Barns: $.59 per $100 of assessed value, 100%
market value
Machinery and Tools: $ 4.50 per $100 of assessed value at 10%
of original cost
Contract Carrier: $4.50 per $100 of assessed value at fair
market value
Personal Property: $8.75 per $100 of assessed value, 30% of
market value.
In accordance with the requirements set forth in Section 58.1-3524 (C) (2) and Section 58.1-3912
(E) of the Code of Virginia, as amended by Chapter 1 of the Acts of Assembly (2004 Special
Session 1) and as set forth in Item 503.E (Personal Property Tax Relief Program) of Chapter 951
of the 2005 Acts of Assembly any qualifying vehicle sitused within the county commencing
January 1, 2015, shall receive personal property tax relief in the following manner:
Personal use vehicles valued at $1,000 or less will be eligible for 100% tax relief;
Personal use vehicles valued at $1,001 to $20,000 will be eligible for 55% tax relief;
Personal use vehicles valued at $20,001 or more shall only receive 55% tax relief on the
first $20,000 of value; and
All other vehicles which do not meet the definition of “qualifying” (business use
vehicles, farm use vehicles, motor home, etc.) will not be eligible for any of tax relief
under this program.
Generating Equipment: $.59 per $100 of assessed value, 100% of
market value
Capital Merchant Tax: $ 2.75 per $100 of assessed value, 30% of
Regular Meeting
April 6, 2015
inventory value
Consumer Utility Tax: 20% of the first $15.00 monthly for
residential users and 20% of the first
$100.00 monthly for commercial or
industrial users, except as required
for Gas and Electricity, as defined by
Chapter 6 Section 13 of the
Pittsylvania County Code 1975 as amended
AND BE IT FURTHER RESOLVED that the following fees will also be collected by
Pittsylvania County for tax year beginning January 1, 2015 and for the fiscal year beginning on
July 1, 2015:
Motor Vehicle Fee: $38.75 per vehicle, except as specified by
ordinance
Solid Waste Fee: $5.00 per household per month, except as
specified by ordinance
Building Inspection Fees: These fees included in Exhibit C
Fire Prevention Fees: These fees included in Exhibit D
AND BE IT FURTHER RESOLVED by the Pittsylvania County Board of Supervisors
that, for the fiscal year beginning on July 1, 2015, and ending on June 30, 2016, the following
sections are hereby adopted.
Section 1. The cost center shown on the attached table labeled Appropriations
Resolution, Exhibit A, are hereby appropriated from the designated
estimated revenues as shown on the attached table labeled Appropriations
Resolution, Exhibit A. This appropriation does include the unappropriated
surplus. Funds may be appropriated by the Board of Supervisors as
needed during FY 2016 subject to the Board’s by-laws for appropriations.
Section 2. Appropriations, in addition to those contained in this general
Appropriations Resolution, may be made by the Board of Supervisors only
if there is available in the fund unencumbered or unappropriated sums
sufficient to meet such appropriations.
Section 3. All appropriations herein authorized shall be on the basis of cost centers
for all departments and agencies excluding schools. The regular school
fund is specifically appropriated by category as listed on Exhibit A.
Section 4. The School Board and the Social Services Board are separately
granted authority for implementation of the appropriated funds for their
respective operations. By this resolution the School Board and the Social
Services Board are authorized to approve the transfer of any
unencumbered balance or portion thereof from one line item of
Regular Meeting
April 6, 2015
expenditure to another within the same classification in their respective
funds in any amount. Transfers between classification or funds require
approval of the Board of Supervisors.
Section 5. The County Administrator is authorized to make intra-departmental
transfers. This allows for the transfer of any unencumbered balance or
portion thereof from one line item of expenditure to another within the
same cost center for the efficient operation of government. The County
Administrator is also authorized to make inter-departmental transfers up to
$25,000. This type of transfer allows for the transfer of any unencumbered
balance or portion thereof from one department to another. Inter-
departmental transfers in excess of $25,000 require the approval of the
Board of Supervisors.
Section 6. All outstanding encumbrances, both operating and capital, at June 30,
2016 shall be reappropriated to the FY 2016 fiscal year to the same cost
center and account for which they are encumbered in the previous year. A
report of which shall be submitted to the Board.
Section 7. At the close of the fiscal year, all unencumbered appropriations lapse for
budget items other than the School Cafeteria Receipts Fund 209, the State
Restricted Seizure Fund - Sheriff 241, the Federal Restricted Seizure Fund
242, the State Restricted Seizure Fund – Commonwealth’s Attorney 243,
the Federal Restricted Seizure Fund – Commonwealth’s Attorney 244, the
Animal Friendly Plates Fund 245, the Grants Fund 250, the Work Force
Investment Act Fund 251, Law Library Fund 260, the Library Memorial
Gift Fund 265, Cash Bonds Fund 305, the County Capital Improvements
Fund 310, the Jail Inmate Management Fund 311, the Courthouse
Maintenance Fund 312, the Courthouse Security Fund 314, the Jail
Processing Fund 315, the Rural Roads Fund 320, the Industrial
Development Local Fund 325, the Industrial Development Cyclical Fund
330, the School Bond Fund 410, the Landfill Bond Fund 415, the E911
Bond Fund 416, the Social Services Bond Fund 420, the Debt Service
Reserve Fund 425, the Bond Fund-Schools 435, the Landfill Enterprise
Fund 520, the Rescue Billing Fund 530, the Special Welfare Fund 733 and
the Pittsylvania County Employees Health Plan 734. Thus, all cancelled
cash balances shall revert back to the General Fund.
Section 8. Appropriations designated for capital projects will not lapse at the end of
the fiscal year but shall remain appropriated until the completion of the
project or until the Board of Supervisors, by appropriate ordinance or
resolution, changes or eliminates the appropriation. Upon completion of a
capital project, the County Administrator is hereby authorized to close out
the project and transfer to the funding source any remaining balances. This
section applies to all existing appropriations for capital projects at June 30,
2015 and appropriations in the FY 2016 Budget. The County
Administrator is hereby authorized to approve construction change orders
to contracts up to $50,000.00 and approve all change order for reduction
of contracts.
Regular Meeting
April 6, 2015
Section 9. The approval of the Board of Supervisors of any grant of funds to the
County shall constitute the appropriation of both the revenue to be
received from the grant and the County’s expenditure required by the
terms of the grant, if any. The appropriation of grant funds will not lapse
at the end of the fiscal year but shall remain appropriated until completion
of the project or until the Board of Supervisors, by appropriate resolution,
changes or eliminates the appropriation. The County Administrator may
increase or reduce any grant appropriation to the level approved by the
granting agency during the fiscal year. The County Administrator may
approve necessary accounting transfers between cost centers and funds to
enable the grant to be accounted for the in correct manner.
Upon completion of a grant project, the County Administrator is
authorized to close out the grant and transfer back to the funding source
any remaining balance. This section applies to appropriations for grants
outstanding at June 30, 2015 and appropriations in the FY 2016 Budget.
Section 10. The County Administrator may reduce revenue and expenditure
appropriations related to programs funded all or in part by the
Commonwealth of Virginia and/or the Federal Government to the level
approved by the responsible state or federal agency.
Section 11. The County Administrator is authorized to make transfers to the various
funds for which there are transfers budgeted. The County Administrator
shall transfer funds only as needed up to amounts budgeted or in
accordance with any existing bond resolutions that specify the matter in
which transfers are to be made.
Section 12. The Treasurer may advance monies to and from the various funds of the
County to allow maximum cash flow efficiency. The advances must not
violate County bond covenants or other legal restrictions that would
prohibit an advance.
Section 13. All purchases with funds appropriated herein shall be made in accordance
with the County purchasing ordinance and applicable state statutes.
Section 14. It is the intent of this resolution that funds be expended for the purposes
indicated in the budget; therefore, budgeted funds may not be transferred
from operating expenditures to capital projects or from capital projects to
operating expenses without the prior approval from the Board of
Supervisors. Also, funds may not be transferred from one capital project
to another without the prior approval of the Board of Supervisors.
Section 15. The County Administrator is authorized, pursuant to state statute, to issue
orders and warrants for payments where funds have been budgeted,
appropriated, and where sufficient funds are available. A warrant register
shall be presented to the Board of Supervisors not less frequently than
monthly.
Section 16. Subject to the qualifications in this resolution contained, all appropriations
are declared to be maximum, conditional and proportionate appropriations
Regular Meeting
April 6, 2015
– the purpose being to make the appropriations payable in full in the
amount named herein if necessary and then only in the event the aggregate
revenues collected and available during the fiscal year for which the
appropriations are made are sufficient to pay all the appropriations in full.
Otherwise, the said appropriations shall be deemed to be payable in such
proportion as the total sum of all realized revenue of the respective funds
is to the total amount of revenue estimated to be available in the said fiscal
year by the Board of Supervisors.
Section 17. All revenue received by any agency under the control of the Board of
Supervisors or by the School Board or by the Social Services Board not
included in its estimate of revenue for the financing of the fund budget as
submitted to the Board of Supervisors may not be expended by said
agency under the control of the Board of Supervisors or by the School
Board or by the Social Services Board without the consent of the Board of
Supervisors being first obtained. Nor may any of these agencies or boards
make expenditures, which will exceed a specific item of an appropriation.
Section 18. Allowances out of any of the appropriations made in this resolution by any
or all county departments, bureaus or agencies under the control of the
Board of Supervisors to any of their officers and employees for expense
on account of the use of such officers and employees of their personal
automobiles in the discharge of their official duties shall be paid at the
same rate as that established by the Internal Revenue Service and shall be
subject to change from time to time to maintain like rates.
Section 19. The County Administrator is directed to maintain eight (8) petty cash
accounts and establish any other petty cash accounts authorized by the
Board of Supervisors. The current petty cash accounts are located in
central purchasing, the landfill, building inspections, zoning and
recreation. These petty cash accounts are maintained in accordance with
Section 15.2-1229 of the Code of Virginia as amended, 1950 with
management plans as directed by the County Auditor.
Section 20. All previous appropriation ordinances or resolutions to the extent that they
are inconsistent with the provisions of this resolution shall be and the same
are hereby repealed.
Section 21. This resolution shall be effective on July 1, 2015.
Motion was made by Mr. Harville, seconded by Mr. Blackstock, to approve the Industrial
Development Authority’s refinancing of the existing Intertape Polymer Corporation loan by
approving Resolution 2015-04-02 reaffirming the Moral Obligation Agreement with American
National Bank, which was unanimously approved by the Board.
Regular Meeting
April 6, 2015
RESOLUTION OF THE
BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY
REAFFIRMING MORAL OBLIGATION AGREEMENT FOR BANK REFINANCING
OF ECONOMIC DEVELOPMENT PROJECT OF THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF PITTSYLVANIA COUNTY, VIRGINIA
RESOLUTION 2015-04-02
WHEREAS, Pittsylvania County, Virginia (the "County"), and the Industrial
Development Authority of Pittsylvania County, Virginia (the "Authority"), are each a political
subdivision of the Commonwealth of Virginia, and American National Bank and Trust Company
("American National") is a national banking association; and
WHEREAS, in 2003, the governing bodies of the Authority and the County supported
the expansion of certain facilities of Intertape Polymer Corporation ("Intertape") in the County
(the "Project"), to promote and further industry, trade and economic development in the County,
in furtherance of promoting the safety, health, welfare, convenience and prosperity of the citizens
of the County;
WHEREAS, in furtherance of the Intertape expansion, the Authority previously acquired
an interest in certain real property and was involved in construction of a distribution facility (the
"Property") which was rented to Intertape pursuant to a written financing lease agreement; and
WHEREAS, the Authority incurred certain debt service obligations to American
National, in the original principal amount of $5,350,000.00 (the "American National Loan"),
and to Virginia Small Business Financing Authority (the "VSBFA"), in the original principal
amount of $1,600,000.00, both in connection with the Authority's acquisition, development and
use of the Property in furtherance of the Project as described herein. The Authority's related debt
service obligation with VSBFA was subsequently acquired and is now held by Virginia
Community Capital ("VCC"); and
WHEREAS, the governing body of the County, in expression of its support of the
Project and related expansion of manufacturing in the County, and consistent with its authority to
appropriate money to an industrial development authority for the purpose of promoting economic
development as provided in Section 15.2-953 of the Code of Virginia, as amended, entered into
(i) a Moral Obligation Agreement, dated as of J une 25, 2003, setting forth a plan for the County's
financial support of the Project related to the American National Loan in an amount up to
$898,000.00, plus any accrued interest thereon (the "AMNB Moral Obligation"), and (ii) a
Moral Obligation Agreement, dated as of June 25, 2003, setting forth a plan for the County's
financial support of the Project related to the VSBFA loan, now the VCC loan (the “VCC
Loan”), in an amount up to $1,600,000.00, plus accrued interest thereon; and
WHEREAS, the Authority has an opportunity to refinance its existing VCC Loan
associated with the Project, currently in the principal amount of approximately $1,000,000.00,
with American National on terms which are more advantageous to the Authority and, by doing
so, eliminate by operation of law the County’s Moral Obligation Agreement associated with the
VCC Loan; and
Regular Meeting
April 6, 2015
WHEREAS, American National has required, as a condition to and in connection with
refinancing of the Authority's existing VCC Loan associated with the Project, that the County
acknowledge and confirm its willingness to continue to support the Project and honor the AMNB
Moral Obligation, a copy of which is attached hereto and incorporated by reference, as it relates
to the existing loan with American National and any additional Authority indebtedness incurred
in connection with the refinance of the VCC Loan associated with the Project; and
WHEREAS, this Resolution is presented to the Board of Supervisors of the County (the
"Board") to evidence its continued support of the Project at a level of $898,000.00, plus accrued
interest thereon, and non-binding obligations concerning appropriations for repayment of the
Project loans with American National, in the event that the Authority fails to do so, all as more
particularly set forth in the AMNB Moral Obligation.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF PITTSYLVANIA COUNTY, VIRGINIA:
1. The AMNB Moral Obligation, a copy of which is filed with this Resolution, shall
remain in full force and effect and is hereby ratified and confirmed by the Board. The
Board further acknowledges and confirms its willingness to continue to support the
Project and honor the AMNB Moral Obligation as it relates to the existing Project
loan with American National and any additional Authority indebtedness incurred with
American National in connection with its refinance of the existing VCC Loan
associated with the Project.
2. The Chairman of the Board, Vice Chairman of the Board or the County Administrator
are each hereb y authorized and directed to execute, on behalf of the Board, any
document which is deemed necessary or appropriate to evidence the County's
continued support of the Project as set forth herein or to accomplish the contemplated
refinance by American National of the VCC Loan associated with the Project. The
execution and delivery of the above described documents is hereby approved with
such completions, omissions, insertions, changes and modifications as may be
subsequently approved by the official executing them, his execution to constitute
conclusive evidence of his approval of any such completions, omissions, insertions,
changes and modifications.
3. All other acts of the Chairman and other officers, agents or representatives of the
County, including the County Administrator and counsel for the County, that are in
conformity with the purposes and intent of this Resolution, and in furtherance of the
transactions contemplated by the AMNB Moral Obligation, are hereby approved and
ratified.
4. Nothing in this Resolution or in the AMNB Moral Obligation shall be deemed to be a
debt or a pledge of the faith and credit or the taxing power of the County with respect
to any sums which are or may become payable under the AMNB Moral Obligation.
All obligations of the County and the Board under the AMNB Moral Obligation are
and shall be subject to and dependent upon appropriations of funds by the Board, and
the Board shall have no legally binding obligation under this Resolution or in the
AMNB Moral Obligation to make any such appropriation or the payments provided
Regular Meeting
April 6, 2015
for therein, this Resolution and the AMNB Moral Obligation being a statement only
of the present intent of the Board.
5. This Resolution shall take effect immediately.
Mr. Greg Sides, Director of Planning & Development, explained to the Board that the
Kerr Lake Regional Water System (KLRWS) in Northeastern North Carolina had submitted a
request for an Interbasin Transfer (IBT) Certificate to the North Carolina Department of
Environmental and Natural Resources. Mr. Sides explained that KLRWS has a current
grandfathered IBT of 10 million gallons per day (mgd), and has requested that the transfer be
increased to 14.2 mgd. The water would be transferred from the Roanoke River Basin to the Tar
River-Pamlico Basin and the Neuse River Basin. KLRWS held a public hearing on March 31,
2015 for citizen input and written communications would be received by email and mail if
postmarked no later than April 30, 2015. The West Piedmont Planning Commission, along with
surrounding localities had taken the position of opposing the approval of the IBT. Motion came
from Mr. Blackstock, seconded by Mr. Barksdale, to authorize staff to draft a resolution
opposing the IBT by KLRWS and bring it back to the Board at their adjourned meeting on April
21, 2015 for review and approval, which was unanimously approved by the Board with the
exception of Mr. Snead who was absent.
Chair Bowman directed staff to move forward in planning a mid-summer trip for the
Board to see first-hand feedmills, hatcheries and process plants in Virginia pertaining to the
integrated poultry industry.
Unfinished Business
At the Board of Supervisors’ adjourned meeting on March 17, 2015, a motion was made
by Mr. Barber, seconded by Mr. Snead, to appropriate $340,000.00 from unappropriated General
Funds and to approve and award contract to Concrete Foundations, Inc. in the amount of
$340,000 for the compactor site contracts for Sandy River Medical Center Road and Callahan’s
Hill. This motion required a 10-Day Layover that had now been met and the following Roll Call
Vote was recorded: Mr. Harville-Yes; Mr. Barber-Yes; Mr. Snead-Absent; Mr. Blackstock-Yes;
Mr. Barksdale-Yes; Mr. Hagerman-Yes; and Ms. Bowman-Yes. The Board unanimously
approved Mr. Barber’s motion with the exception of Mr. Snead, who was absent.
Board Announcements
Mr. Harville asked where was the County on solid waste policing and to get the number
of residents that would be using the compactor sites at Old Mayfield Road and Callahan’s Hill.
After questions about the cost of manning each site and duties of the Conservator of the Peace,
staff was directed to put the issue on the April 21, 2015 adjourned meeting agenda.
Ms. Bowman reminded everyone that April was Spring Clean Up Month in Pittsylvania
County.
Closed Session
Motion was made by Mr. Harville, seconded by Mr. Barber to enter into Closed Session
for the following:
Legal Authority: §2.2-3711(A)(5) of the Code of Virginia, 1950, as amended
Subject: Project Lignum
Purpose: 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
Regular Meeting
April 6, 2015
industry’s interest in locating or expanding its facilities in the
community.
Mr. Harville’s motion was unanimously approved by the Board with the exception of Mr. Snead
who was absent and they entered into Closed Session at 9:10 pm.
Motion was made by Mr. Harville, seconded by Mr. Blackstock, to re-enter into Open
Session.
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
CERTIFY CLOSED MEETING
BE IT RESOLVED that at a Regular Meeting of the Pittsylvania County Board of
Supervisors on Monday, April 6, 2015, 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
Coy E. Harville Yes
Tim R. Barber Yes
James H. Snead Absent
Jessie L. Barksdale Yes
Elton W. Blackstock Yes
Jerry A. Hagerman Yes
Brenda Bowman Yes
The Board returned to Open Session at 9:28 pm. No action was taken
Adjournment
Motion was made by Mr. Harville seconded by Mr. Barber, to adjourn, which was
unanimously approved by the Board with the exception of Mr. Snead who was absent. The
meeting ended at 9:30 pm.
_______________________________________
Brenda H. Bowman, Chair
Pittsylvania County Board of Supervisors
_______________________________________
Clarence C. Monday, Clerk
Pittsylvania County Board of Supervisors