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12-15-2015 BOS adj meetingAdjourned Meeting December 15, 2015 Pittsylvania County Board of Supervisors Tuesday, December 15, 2015 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, December 15, 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 7:00 p.m. The following members were present: Brenda H. Bowman Chatham-Blairs District Elton W. Blackstock Staunton River District Tim Barber Tunstall District Coy E. Harville Westover District Jerry A. Hagerman Callands-Gretna District Jessie L. Barksdale Banister District James H. Snead Dan River District Mr. Clarence C. Monday, County Administrator, Mr. J. Vaden Hunt, County Attorney, Mr. Greg L. Sides, Assistant County Administrator for Planning & Development, Mr. Odie H. Shelton, Jr., Director for Code Compliance, Ms. Kim Van Der Hyde, Director of Finance, and Ms. Rebecca Flippen, Deputy Clerk to the Board were also present. Ms. Bowman led the Moment of Silence, and then the Pledge of Alliance. Approval of Agenda Motion was made by Mr. Barber seconded by Mr. Harville, to approve the agenda, which was unanimously approved by the Board. Hearing of the Citizens Matthew Speck of the Staunton River District thanked the Board of Supervisors for their service to the County and encouraged the upcoming 2016 Board of Supervisors to make a prayer policy; and then he offered a word of prayer. Wayne Robertson of the Chatham-Blairs District and member of the current School Board thank the Board for co-working with the School Board over the past four years and appreciated their position in all their decision making processes. This concluded the Hearing of the Citizens. Consent Agenda Motion was made by Mr. Barber, seconded by Mr. Barksdale, to approve the Consent Agenda, but to pull Item (d) and vote on that separately, which was approved by the Board of Supervisors. (a) Letter of Recognition – Hunter & Luke Mills (b) Resolution 2015-12-04 – Hunter Shelton (c) Request to Purchase Service Weapon (d) Purchase of Laptops/Phones by Board of Supervisors Public Presentations: Presentation of Resolutions #2015-12-02 (Samuel Swanson, Jr.) and #2015-12-03 (M. Kate Berger) Adjourned Meeting December 15, 2015 Presentation of Service Plaque and Jefferson Cup to Coy E. Harville, James H. Snead, and Brenda H. Bowman Youth Commission Report Members of the Pittsylvania County Youth Commission presented the results of their survey taken by students in the four county high schools. Topics surveyed included, but was not limited to, how students liked where they lived, interest in a high school based credit union, school curriculums, continued education (beyond high school), plans after graduation, interest in returning to the area to live as an adult, school activities, time spent on homework, safety in and outside the schools, youth recreation, and quality of life in Pittsylvania County. Public Hearings Rezoning Cases Case 1: Matthew B. Adkins & Megan S. Adkins – Dan River Election District: R-15-037 A-1, Agricultural District & R-1, Residential Suburban Subdivision District to B-2, Business District Ms. Bowman opened the public hearing at 8:10pm. Mr. Shelton explained that Matthew and Megan Adkins had petitioned to rezone 1.05 acres, located on U.S. Highway 360/Old Richmond Road, in the Dan River Election District from A-1, Agricultural District and 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 no opposition, recommended granting the petitioners’ request. Matthew Adkins was there to represent the petition. No one signed up to speak and Ms. Bowman closed the hearing at 8:11pm. Motion was made by Mr. Snead, seconded by Mr. Barber, to rezone Case R-15-037 from A-1 & R-1 to B-2, and the following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Blackstock- Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; and Ms. Bowman-Yes. Mr. Snead’s motion was unanimously approved by the Board. Case 2: David W. Goad – Staunton River Election District: R-15-038 R-1, Residential Suburban Subdivision District to A-1. Agricultural General Ms. Bowman opened the public hearing at 8:12pm. Mr. Shelton explained that David W. Goad had petitioned to rezone 3.08 acres, located on State Road 685/Telegraph Road, in the Staunton River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. The Planning Commission, with no opposition, recommended granting the petitioner’s request. David Goad was there to represent the petition. No one else signed up to speak and Ms. Bowman closed the hearing at 8:14pm. Motion was made by Mr. Blackstock, seconded by Mr. Harville, to approve rezoning Case R-15-038 from R-1 to A-1, and the following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Blackstock-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; and Ms. Bowman-Yes. Mr. Blackstock’s motion was unanimously approved by the Board. Case 3: Cameron R. Jewell & Geraldine L. Jewell – Tunstall Election District: R-15-039 R-1, Residential Suburban Subdivision District to B-2, Business District, General Ms. Bowman opened the public hearing at 8:15pm. Mr. Shelton explained that Cameron and Geraldine Jewell had petitioned to rezone 2.51 acres, located on State Road 841/Medical Center Road, in the Tunstall Election District from RC-1, Residential Combined Subdivision District to B-2, Adjourned Meeting December 15, 2015 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 petitioners’ request. Cameron Jewell was there to represent the petition. Walter Rieck and Doug Walker (adjacent landowners) signed up to speak, and a letter was submitted by Christy Smith (adjacent property owner), opposing the petitioners’ request to rezone for the following reasons: concerns about chemicals being stored on the property that could spill, leak, smell, run -off with stormwater into near-by creek, an environmental study had not been performed and should be, unsuitable topography for the business, and increased road traffic. No one else signed up to speak and Ms. Bowman closed the hearing at 8:27pm. Motion was made by Mr. Barber, seconded by Mr. Snead to deny rezoning Case R-15-039 from R-1, Residential Suburban Subdivision District to B-2, Business District, General as the B-2 zoning would not be consistent with the area/comprehensive plan and would be considered spot zoning, and the business would not be a good fit for the surrounding residential area; and the following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Blackstock-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; and Ms. Bowman-Yes. Mr. Barber’s motion to deny the rezoning was unanimously approved by the Board. Case 4: James Franklin Williams & Sandra J. Williams – Staunton River Election District: R- 15-040 R-1, Residential Suburban Subdivision District to A-1. Agricultural General Ms. Bowman opened the public hearing at 8:341pm. Mr. Shelton explained that James and Sandra Williams had petitioned to rezone 1.44 acres, located on State Road 646/Spring Road, in the Staunton River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. The Planning Commission, with no opposition, recommended granting the petitioners’ request. James Williams was there to represent the petition. No one signed up to speak and Ms. Bowman closed the hearing at 8:32pm. Motion was made by Mr. Blackstock, seconded by Mr. Barksdale to approve rezoning Case R-15-040 from R-1, Residential Suburban Subdivision District to A-1, Agricultural District and the following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Blackstock-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; and Ms. Bowman-Yes. Mr. Blackstock’s motion was unanimously approved by the Board. Case 5: Grayson W. Jacobs, Jr. & Emily M. Jacobs – Staunton River Election District: R-15- 041 R-1, Residential Suburban Subdivision District to A-1. Agricultural General Ms. Bowman opened the public hearing at 8:34pm. Mr. Shelton explained that Grayson and Emily Jacobs had petitioned to rezone 4.06 acres, located on State Road 646/Spring Road, in the Staunton River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. The Planning Commission, with no opposition, recommended granting the petitioners’ request. James Williams was there to represent the petition. No one signed up to speak and Ms. Bowman closed the hearing at 8:35pm. Motion was made by Mr. Blackstock, seconded by Mr. Barber, to approve rezoning Case R-15-041 from R-1, Residential Suburban Subdivision District to A-1, Agricultural District and the following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Blackstock-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; and Ms. Bowman-Yes. Mr. Blackstock’s motion was unanimously approved by the Board. This concluded the rezoning cases. Adjourned Meeting December 15, 2015 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 real property owned by Arc of Southside, Inc. for Parcels #1377-87-3469 and #1377-87-4402. Ms. Bowman opened the public hearing at 8:36pm. Mr. Monday explained at their meeting on November 17, 2015, the Board of Supervisors approved a request from Arc of Southside, Inc. for a Public Hearing for the purpose of citizen input on amending PCC § 6 -6.3 to include the property known as #2426-35-2059 and #2329-45-4674 as tax exempt by classification/designation. These two parcels of property in Pittsylvania County are as follows: 1) Tax Parcel #2426-35-2059, 1.14 acres located at 449 Chalk Level Road, Chatham, VA is being used as a K-12 school for students with disabilities; and 2) Tax Parcel #2329-45-4674, 3.996 acres located at 3446 US Hwy 29, Danville, VA is being used as an employment training center for adults with disabilities The public hearing has been duly advertised. The total amount of annual taxes that would be exempt on this property, (Parcel ID #2426-35-2059) is $647.82. The total amount of annual taxes that would be exempt on this property, (Parcel ID #2426-35-2059) is $2,288.02. The total loss of revenue for the County if exempt would be $2,935.84. No one signed up to speak and Ms. Bowman closed the hearing at 8:37pm. Motion was made by Mr. Harville, seconded by Mr. Barksdale, as follows: “The Board of Supervisors hereby designates the property owned by The Arc of Southside, Inc., known as 1) Tax Parcel #2426-35-2059, 1.14 acres located at 449 Chalk Level Road, Chatham, VA is being used as a K-12 school for students with disabilities; and 2) Tax Parcel #2329-45-4674, 3.996 acres located at 3446 US Hwy 29, Danville, VA is being used as an employment training center for adults with disabilities to be exempt by designation since said real property is used specifically for charitable purposes”. The following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Blackstock-Yes; Mr. Barksdale- Yes; Mr. Hagerman-Yes; and Ms. Bowman-Yes. Mr. Harville’s motion was unanimously approved by the Board. Public Hearing to receive citizen input on the proposed amendment and ratification of the following animal control area to Chapter 2, Section 2-22; Running at Large Restrictions; of the Pittsylvania Code to include from Highway View Road/SR 988 to Jasper Wood Road/SR 753, and ending at Shula Drive/SR 642 in the Staunton River Election District. Ms. Bowman opened the public hearing at 8:40pm. Mr. Monday explained at their meeting on November 17, 2015, the Board of Supervisors approved a request to hold a public hearing for citizen input on a proposal to amend Pittsylvania County Code (PCC) Section 2.2 -22; Running At Large Restriction in Designated Areas, to include Jasper Woods Road in Hurt, Virginia. Mr. Well’s letter included a signature petition in favor of a controlled area defined as from Highway View Road/SR 988 to Jasper Wood Road/ SR 753, and ending at Shula Drive/SR 642. The public hearing has been duly advertised. As per Pittsylvania County Code (PCC) Section 2.2-22; Running At Large Restriction in Designated Areas, staff has verified that a majority (51%) of the property owners are in favor of a controlled area defined as from Highway View Road/SR 988 to Jasper Wood Road/ SR 753, and ending at Shula Drive/SR 642. No one signed up to speak; however, Larry Wells, who submitted the petition on behave of the petitioning residents that there have been issues with dogs for some time, parents were afraid to let the children out to play, and on a personal issue, his garden had been destroyed by dogs. Ms. Bowman then closed the hearing at 8:45pm. Motion was made by Mr. Blackstock, seconded by Mr. Barksdale, as follows: “The Board of Supervisors approves the Adjourned Meeting December 15, 2015 proposed amendment of Pittsylvania County Code (PCC) Section 2.2-22; Running At Large Restriction in Designated Areas, to include Jasper Woods Road in Hurt, Virginia, with a controlled area defined as from Highway View Road/SR 988 to Jasper Wood Road/ SR 753, and ending at Shula Drive/SR 642”. The following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Blackstock-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; and Ms. Bowman-Yes. Mr. Blackstock’s motion was unanimously approved by the Board. This concluded the public hearings. New Business Motion was made by Mr. Blackstock, seconded by Mr. Snead, to approve Resolution 2015- 12-05, for lease financing with the Virginia Resources Authority, concerning the School Energy Project. The following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Barber-Yes; Mr. Snead- Yes; Mr. Blackstock-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; and Ms. Bowman-Yes. Mr. Blackstock’s motion was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2015-12-05 RESOLUTION APPROVING A LEASE FINANCING WITH THE VIRGINIA RESOURCES AUTHORITY, APPROVING THE FORM OF CERTAIN DOCUMENTS PREPARED IN CONNECTION THEREWITH AND AUTHORIZING THE DISTRIBUTION, EXECUTION AND DELIVERY OF THE SAME WHEREAS, the Pittsylvania County School Board (the “School Board”) desires to finance the acquisition, construction and equipping of certain equipment and improvements (collectively, the “Equipment”) to approximately 19 different educational facilities operated by the Pittsylvania County Schools through an energy performance contract with Trane and thereby improve energy systems and decrease energy costs; WHEREAS, the School Board has requested that the County of Pittsylvania, Virginia (the “County”), enter into a plan of lease/purchase financing with the School Board, Banc of America Leasing and Capital, LLC (or one of its affiliates) (the “Lender”), and the Virginia Resources Authority (“VRA”) utilizing proceeds of a qualified energy conservation bond (as more particularly described in the hereinafter defined Documents, the “VRA Bond”) to be issued by VRA as part of the VirginiaSAVES Green Community Program (the “Program”) established by the Virginia Department of Mines, Minerals and Energy and administered by CleanSource Capital, LLC (the “Program Administrator”); WHEREAS, there have been presented to this meeting the following documents (the “Documents”), proposed to be executed in connection with the issuance of the VRA Bond and the plan of lease/purchase financing: Lender's Taxable QECB Installment Purchase Agreement Proposal for Pittsylvania County; Draft Proposal for Funding for the Program between the Program Administrator, the County and the School Board, to which VRA’s commitment letter is attached as an exhibit; Adjourned Meeting December 15, 2015 Draft Administrative Services Agreement between the Program Administrator, the County and the School Board; Draft Bond Purchase and Lease Acquisition Agreement (“Bond Purchase Agre ement”) between VRA, the Lender, the County and the School Board; Draft Prime Lease (the “Prime Lease”), between the School Board (as lessor) and VRA (as lessee), which is to be acknowledged and consented to by the County; and Draft Financing Lease (the “Financing Lease”), between VRA (as lessor) and the County and the School Board (as co-lessees); WHEREAS, as described in the Documents, VRA will deliver the VRA Bond to the Lender in exchange for the principal amount of the VRA Bond under the terms and cond itions of the Bond Purchase Agreement; WHEREAS, VRA will cause the net proceeds of the VRA Bond to be applied to finance the Equipment, all or a portion of which will be leased to VRA for nominal consideration pursuant to the Prime Lease and leased back to the County and the School Board pursuant to the Financing Lease; WHEREAS, the rental payments under the Financing Lease (the “Rental Payments”) will be structured to be sufficient in timing and amount to pay the debt service on the VRA Bond and VRA will apply the Rental Payments, or cause them to be applied, to pay such debt service; and WHEREAS, the federal subsidy payments expected to be received by VRA because of the issuance of the VRA Bond as a qualified energy conservation bond, to the extent received, will be transferred to, or applied for the benefit of, the School Board and the County as described in the Documents; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA: Plan of Finance. The County Board of Supervisors (the “County Board”) hereby finds and determines that it is in the best interests of the County and its residents to assist the School Board with its request to promote energy efficiency savings through the Equipment. Accordingly, the County Board approves the following plan of finance: (a) the School Board will lease the Equipment to VRA pursuant to the terms of the Prime Lease and the County will consent thereto, and (b) VRA will lease all or a portion of the Equipment to the County and the Schoo l Board pursuant to the terms of the Financing Lease; provided, however that (i) the term of the Prime Lease shall not be longer than December 31, 2037 (with earlier termination upon payment of all Rental Payments), (ii) the term of the Financing Lease shall not be longer than December 31, 2032, (iii) the aggregate amount of principal components due under the Financing Lease shall not exceed $3,314,000 and (iv) the interest components of the Rental Payments shall not exceed a rate of 4.5% per year (prior to taking into account the federal subsidy payments and any default rate). If the County Board fails to make payments under the terms of the Financing Lease for any reason, the County acknowledges that the Financing Lease will allow VRA and its assignees to exercise certain remedies, including without limitation, the return of the Equipment until the earlier of Adjourned Meeting December 15, 2015 (x) the payment or prepayment in full of all Rental Payments, or (y) the termination of the Prime Lease. If required by the Lender, the County Board authorizes the County Administrator to structure the financing through a sale/leaseback equipment lease arrangement with payment provisions and general covenants (for example, requirements to maintain insurance and compliance with applicable law) in substantially the forms set forth in the Financing Lease, but allowing for the liquidation and sale of the Equipment as a remedy for an event of default or an event of non-appropriation. In addition, the County Board acknowledges that VRA is treating the Financin g Lease as a “local obligation” within the meaning of Section 62.1-199 of the Code of Virginia of 1950, as amended (the “Virginia Code”), including amendments thereto taking effect as of July 1, 2011, which in the event of a nonpayment under the Financing Lease authorizes VRA to file an affidavit with the Governor that such nonpayment has occurred pursuant to Section 62.1-216.1 of the Virginia Code. In acquiring the Financing Lease, VRA is further relying on Section 62.1-216.1 of the Virginia Code, providing that if the Governor is satisfied that such nonpayment has occurred, the Governor will immediately make an order directing the Comptroller to withhold all further payment to the County of all funds, or of any part of them, appropriated and payable by th e Commonwealth of Virginia to the County for any and all purposes, and the Governor will, while the nonpayment continues, direct in writing the payment of all sums withheld by the Comptroller, or as much of them as is necessary, to VRA, so as to cure, or cure insofar as possible, such nonpayment. The County Board agrees to such treatment of the Financing Lease as a “local obligation” under Section 62.1-216.1 of the Virginia Code and will not contest such designation. Authorization of Documents. The Chairperson of the County Board and the County Administrator (each an “Authorized County Representative”), either of whom may act, are hereby authorized and directed to execute the Documents to which the County is a party, which shall be in substantially the forms submitted to this meeting, which are hereby approved, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the Authorized County Representative executing such Documents, the execution and delivery of which shall constitute conclusive evidence of such officer’s approval of any such completions, omissions, insertions and changes. At the discretion of the School Superintendent, in consultation with the County Administrator, all or a portion of the Equipment may be included in the leasehold interests conveyed by the Prime Lease and the Financing Lease. Counsel to the School Board, in collaboration with the County Attorney, is hereby authorized to cause the Prime Lease and the Financing Lease an d other related documents as are necessary to be recorded in the Clerk’s Office of the Circuit Court of Pittsylvania County. Payment and Prepayment Provisions. Rental Payments shall be payable in lawful money of the United States of America and otherwise comply with the terms set forth in the Financing Lease. The County may, at its option, prepay the principal components of Rental Payments upon the terms set forth in the Financing Lease. Subject to Appropriation. The undertaking by the County under the Financing Lease to make Rental Payments shall be a limited obligation of the County, payable solely from funds to be appropriated by the County Board from time to time 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 of the County beyond any fiscal year for which the County Board has lawfully Adjourned Meeting December 15, 2015 appropriated from time to time. Nothing herein or in the Financing Lease shall constitute a debt of the County within the meaning of any constitutional or statutory limitation or a pledge of the faith and credit or taxing power of the County. Annual Budget. The County Board believes that funds sufficient to make payment of all amounts payable under the Financing Lease 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 County Board hereby states its intent to make annual appropriations for future fiscal years in amounts sufficient to make all such payments and hereby recommends that future Boards do likewise during the terms of the Financing Lease. The County Board directs the County Administrator, or such other officer who may be charged with the responsibilit y for preparing the County’s annual budget, to include in the budget request for each fiscal year during the term of the Financing Lease an amount sufficient to pay all amounts coming due under the Financing Lease during such fiscal year without regard to any anticipated federal subsidy payments. Throughout the term of the Financing Lease, the County Administrator shall deliver to VRA within 30 days after the adoption of the budget for each fiscal year, but not later than July 1, a certificate stating whether an amount equal to the Rental Payments and any other amounts due under the Financing Lease that will be due during the next fiscal year has been budgeted and appropriated by the County Board. If at any time during any fiscal year of the County, through the fiscal year ending June 30, 2033, the amount appropriated in the County’s annual budget in any such fiscal year is insufficient to pay when due the amounts payable under the Financing Lease, the County Board directs the County Administrator, or such other officer who may be charged with the responsibility for preparing the County’s annual budget, to submit to the County Board at the next scheduled meeting, or as promptly as practicable but in any event within 45 days, a request for a supplemental appropriation sufficient to cover the deficit. Tax Compliance Documentation. The Authorized County Representatives, either of who may act, and the Director of Finance are hereby authorized and directed to execute, deliver and file all certificates and documents and to take all such further action as they may consider necessary or desirable in connection with the execution and delivery of the Documents and the financing of the Equipment, including without limitation the execution and delivery of a federal tax certificate and agreement setting forth the expected use and investment of the proceeds of the VRA Bond and the Financing Lease to show that such expected use and investment will not violate the provisions of Sections 54A, 54D and 6431 of the Internal Revenue Code of 1986, as amended, and the Treasury regulations and IRS notices thereunder, applicable to qualified energy conservation bonds, and to take all such further action as they may consider necessary or desirable in connection with the execution and delivery of the VRA Bond and the Documents. The foregoing shall be subject to the advice, approval and direction of bond counsel for the County. SNAP Investment Authorization. The County has heretofore received and reviewed the Information Statement (the “Information Statement”) describing the State Non-Arbitrage Program of the Commonwealth of Virginia (“SNAP”) and the Contract Creating the State Non-Arbitrage Program Pool I (the “Contract”), and the County Board hereby authorizes the County Treasurer in he r discretion to utilize SNAP in connection with the investment of any proceeds of the Financing Lease. The County Board acknowledges the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the County in connection with SNAP, except as otherwise provided in the Contract. Adjourned Meeting December 15, 2015 Other Actions. All other actions of County officials in conformity with the purposes and intent of this Resolution and in furtherance of the execution and delivery of the Documents are ratified, approved and confirmed. The County officials are authorized and directed to execute and deliver all certificates and other instruments considered necessary or desirable in connection with the execution and delivery of the Documents pursuant to this Resolution. Any authorization herein to execute a document shall include authorization to deliver it to the other parties thereto and to record such document where appropriate. Effective Date. All prior resolutions or actions inconsistent with this Resolution are hereby repealed. This Resolution shall take effect immediately. The undersigned Deputy Clerk of the Board of Supervisors of Pittsylvania County, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board held on December 15, 2015, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. Members present at the meeting were: _______________________________________. Members absent from the meeting were: _____________________________________. Members voting in favor of the foregoing resolution were: _______________________. Members voting against the foregoing resolution were: ___________________________. Members abstaining from voting on the foregoing resolution were: ________________. WITNESS MY HAND and the seal of the County of Pittsylvania, Virginia, this 15TH day of December, 2015. Katie Millner, Comprehensive Services Act Coordinator for Pittsylvania County, presented the Community Policy Management Team (CPMT) quarterly report. All CPMT members were in compliance with the Board of Supervisors Resolution 2014-10-02. Mr. Monday introduced Matthew Rowe as the County’s new Director of Economic Development. Mr. Rowe’s first day was December 15, 2015. Motion was made by Mr. Blackstock, seconded by Mr. Barber, to approve a 50/50 Cost Share Agreement that would be the policy to share “Watch of Children” costs between the residents requesting the signs and the County, on an equal 50 – 50 basis. Mr. Harville made a substitute motion to table the issue until the January 19, 2016 Board meeting, as he felt there were still too many unanswered questions on cost, and the County made become liable for maintenance of signs currently installed that now VDOT was responsible for, and that those signs would be different than future signs. Mr. Harville’s substitute motion failed for a second. The following Roll Call Vote was recorded for Mr. Blackstock’s motion: Mr. Harville-Yes; Mr. Barber-Yes; Mr. Snead-Yes; Mr. Blackstock-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; and Ms. Bowman-Yes. Mr. Blackstock’s motion was unanimously approved by the Board. Adjourned Meeting December 15, 2015 Another motion was made by Mr. Blackstock, seconded by Mr. Barksdale, for staff to contact VDOT on finding a better cost for sign materials than currently being considered, which was unanimously approved by the Board. Proposed Cost-Share Policy for Watch for Children Signs I. Citizens requesting a Watch for Children sign in unincorporated areas within Pittsylvania County will be given a sign request application form (also available online). The applicant will provide contact information and identify the geographic area of concern along with the desired sign location. The application form will indicate the required cost-share amount per sign, based on a 50% share of the actual sign purchase cost, and include a statement accepting responsibility for providing payment. II. When a Watch for Children sign request application is received, County staff will meet on site with VDOT staff to determine if the desired location meets VDOT sign guidelines, or if an acceptable alternative sign location is available. If an alternative location is required, staff will coordinate with the applicant to determine if the alternative site is acceptable and addresses their concerns. III. If the location is approved and the applicant provides the cost-share payment, the County Administrator will sign the VDOT Agreement for the Installation and Maintenance of Watch for Children Signs by County or Town, or subsequent addendum for additional signs. The County will pay the required fee and obtain the VDOT Land Use Permit approving installation of the sign on VDOT right-of-way. IV. Building and Grounds staff will install the Watch for Children sign at the approved location, based on VDOT specifications, and be responsible for future maintenance. V. Expenses Estimated cost per sign $400 (based on purchasing agent quote) A County budget adjustment will need to be created for sign purchase cost and Land Use Permit fee, along with sign installation and maintenance. Upfront purchase of multiple signs is anticipated for purchasing efficiency, and to establish inventory. Staff anticipates the need for an initial appropriation of $5000.00 to establish the initial inventory and to pay for the initial permit fee. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve the Comprehensive Economic Development Strategy (CEDS) list for FY 2016 submitted by the West Piedmont Planning District and authorize the County Administrator to sign any necessary documentation, which was unanimously approved by the Board. Adjourned Meeting December 15, 2015 Motion was made by Mr. Harville, seconded by Mr. Barber, to approve the request for a Public Hearing to be held on January 19, 2016 for the purpose of citizen input on amending PCC § 6- 6.3 to include Parcels #1377-87-3469 and #1377-87-4402 owned by Bachelors Hall Volunteer Fire Department tax exempt by classification/designation, which was unanimously approved by the Board. Mr. Monday explained that Owens-Brockway Glass Container, Inc., filed amended business personal property returns for tax years 2008, 2009, 2010, and 2011. Robinson, Farmer, Cox Associates reviewed such amended filings. The matter was further analyzed by th e Virginia Department of Tax Commissioner who issued determination in favor of Owens-Brockway. The business overpaid taxes to the County and is owed a refund that includes principal plus interest. Mutual agreement has been reached, resulting in reimbursement in the amount of $130,000. This matter is not due to staff errors; instead, is attributed to overpayment. From time-to-time, said Mr. Monday, overpayments occur, and the County has a line item for such reimbursements. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve the reimburse Owens-Brockway Container, Inc. $130,000 from the Miscellaneous Refunds, #100-4-092100-5834 Line Item in the General Fund, which was unanimously approved by the Board. Consent Agenda Item (d) Motion was made by Mr. Barber, seconded by Mr. Blackstock, to sell Mr. Harville his cell phone and laptop (both outdated) for the amount of One Dollar ($1.00) each, which was approved by a 6/1 vote of the Board, with Mr. Harville abstaining. Motion was made by Mr. Blackstock, seconded by Mr. Barber, to sell Ms. Bowman her cell phone and laptop (both outdated) for the amount of One Dollar ($1.00) each, which was approved by a 6/1 vote of the Board, with Ms. Bowman abstaining. Motion was made by Mr. Blackstock, seconded by Mr. Barber, to sell Mr. Snead his cell phone (outdated) for the amount of One Dollar ($1.00), which was approved by a 6/1 vote of the Board, with Mr. Snead abstaining. Adjournment Motion was made by Mr. Snead, seconded by Mr. Harville, to adjourn the meeting, which was unanimously approved by the Board. The meeting ended at 9:40pm.