01-17-2017 Adjourned MeetingJanuary 17, 2017
Adjourned Meeting
Pittsylvania County Board of Supervisors
Adjourned Meeting
January 17, 2017
VIRGINIA: The Adjourned meeting of the Pittsylvania County Board of Supervisors
was held on Monday, January 17, 2017 in the General District Courtroom of the Edwin R.
Shields Courthouse Addition in Chatham, Virginia. Chair Robert W. “Bob” Warren, called the
meeting to order at 7:00 p.m. The following members were present:
Tim R. Barber Tunstall District
Joe B. Davis Dan River District
Ronald S. Scearce Westover District
Jessie L. Barksdale Banister District
Jerry A. Hagerman Callands-Gretna District
Elton W. Blackstock,Jr. Staunton River District
Robert W. Warren Chatham-Blairs District
Mr. David M. Smitherman, County Administrator and Clerk of the Board; Mr. J. Vaden
Hunt, County Attorney; Mr. Greg L. Sides, Assistant County Administrator for Planning &
Development; Mr. Odie H. Shelton, Jr., Director of Code Compliance, Mr. Matt Rowe, Director
of Economic Development, Ms. Kim Van Der Hyde, Director of Finance, and Rebecca Flippen,
Deputy Clerk were also present.
After a Moment of Silence, Mr. Smitherman led the Pledge of Allegiance.
Approval of Agenda
Motion was made by Mr. Blackstock, seconded by Mr. Davis, to approve the agenda with
the addition of moving Item #15 before Item #6, which was unanimously approved by the Board.
Since Item 15 was one of three Closed Session items, an amended motion by Mr.
Blackstock, seconded by Mr. Barber, was made to immediately enter into Closed Session for the
following:
(a) Consultation with legal counsel employed or retained by public body regarding
specific legal matters requiring provision of legal advice by such counsel
Authority: 2.2-3711(A)(7) of the Code of Virginia, 1950, as amended
Subject: Project Internet
Purpose: Discussion of Lease Agreement
(b) Discussion of the disposition of publicly held property, where discussion in an open
meeting would adversely affect the bargaining position or negotiating strategy of the
public body
Authority: 2.2-3711(A)(3) of the Code of Virginia, 1950, as amended
Subject: Project Turtle
Purpose: Discussion of the disposition of publicly held property
(c) Discussion concerning a prospective business or industry or the expansion of an
existing business or industry where no previous announcement has been made of the
business’ or industry’s interest in locating or expanding its facilities in the community
Authority: 2.2-3711(A)(5) of the Code of Virginia, 1950, as amended
Subject: Project S8
Purpose: Project Update
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January 3, 2017
Mr. Blackstock’s motion was unanimously approved and the Board entered into Closed Session
at 7:02pm.
Motion was made by Mr. Blackstock, seconded by Mr. Barber, to return to Open Session.
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
CERTIFY CLOSED MEETING
BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors
on January 17, 2017, the Board hereby certifies by a recorded vote that to the best of each board
member’s knowledge only public business matters lawfully exempted from the open meeting
requirements of the Virginia Freedom of Information Act and identified in the motion
authorizing the closed meeting were heard, discussed or considered in the closed meeting. If an y
member believes that there was a departure from the requirements of the Code, he shall so state
prior to the vote indicating the substance of the departure. The statement shall be recorded in the
minutes of the Board.
Vote
Tim R. Barber Yes/No
Jerry A. Hagerman Yes/No
Elton W. Blackstock Yes/No
Joe B. Davis Yes/No
Ronald S. Scearce Yes/No
Jessie L. Barksdale Yes/No
Robert W. Warren Yes/No
The Board returned to Open Session at 7:41pm.
Motion was made by Mr. Barber, seconded by Mr. Scearce, to hold a public hearing for
citizen input concerning the disposal of public property, which was unanimously approved by the
Board.
Motion was made by Mr. Blackstock, seconded by Mr. Davis, to enter into a tower lease
agreement with AcelaNet LLC (dba SCS Broadband). Under the agreement, the County will
lease its existing county-owned towers to AcelaNet LLC, who will be responsible for placing
wireless internet transmitting and receiving equipment on the structures. Mr. Blackstock’s
motion was unanimously approved by the Board.
Clay Stewart, Chief Operating Officer for AcelaNet LLC, was present at the Board
meeting and gave a short presentation about the Company and their planned course of action for
Pittsylvania County to the Board and those in attendance. He highlighted their current service
and rate structure and explained that there was no “data cap” on their service packages.
Hearing of the Citizens
Mr. Coy E. Harville, of the Westover District, commented that the Board of Supervisors
needed to be more respectful of their citizens when going into Closed Sessions at the beginning
of meetings. Several elderly citizens were present at the meeting and had to go wait in the
hallway outside the courtroom, without anywhere to sit, for 40 minutes while the Board met
under Closed Session.
No one else signed up to speak.
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Consent Agenda
Motion was made by Mr. Barber, seconded by Mr. Barksdale, to approve the Consent
Agenda, which was unanimously approved by the Board.
(a) Purchase of Phone by outgoing County Administrator
Public Hearings
Rezoning Cases
Case 1: William S. Harville & Stacey D. Harville – Dan River Election District R-17-001
R-1, Residential Suburban Subdivision District to B-2, Business District, General
Mr. Warren opened the hearing at 8:00pm. Mr. Shelton explained that Scott and Stacey Harville
had petitioned to rezone 1.030 acre, located on State Road 730/Wilkerson Road in the Dan River
Election District from R-1, Residential Suburban Subdivision District to B-2, Business District,
General. Once the property is rezoned to B-2, all uses listed under Section 35-365 are a permitted
use. The Planning Commission, with no opposition, recommended granting the petitioners’
request. Scott Harville was there to represent the petition. No one signed up to speak and Mr.
Warren closed the hearing at 8:02pm. Motion was made by Mr. Davis, seconded by Mr.
Barksdale, to approve rezoning Case R-17-001 from R-1 to B-2 and the following Roll Call Vote
was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr.
Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes. Mr. Davis’ motion to rezone Case R-17-
001 from R-1 to B-2 was unanimously approved by the Board.
Case 2: Dodson Snack Sales, Inc. – Dan River Election District R-17-002
B-2, Business District, General to R-1, Residential Suburban Subdivision District
Mr. Warren opened the public hearing at 8:03 pm. Mr. Shelton explained that Dodson Snack
Sales, Inc., had petitioned to rezone 0.444 acre, located on State Road 730/Wilkerson Road in the
Dan River Election District from B-2, Business District, General to R-1, Residential Suburban
Subdivision District. Once the property is rezoned to R-1, all uses listed under Section 35-222
are a permitted use. The Planning Commission, with no opposition, recommended granting the
petitioner’s request. Howard Dodson, Jr., was there to represent the petition. No one signed up
to speak and Mr. Warren closed the hearing at 8:04pm. Motion was made by Mr. Davis,
seconded by Mr. Barksdale, to approve rezoning Case R-17-002 from B-2, Business District,
General to R-1, Residential Suburban Subdivision District and the following Roll Call Vote was
recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr.
Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes. Mr. Davis’ motion to rezone Case R-17-
002 from B-2, Business District, General to R-1, Residential Suburban Subdivision District was
unanimously approved by the Board.
Case 3: David W. Prillaman & Patsy F. Prillaman – Callands-Gretna Election District R-
17-003 R-1, Residential Suburban Subdivision District to A-1, Agricultural
Mr. Warren opened the public hearing at 8:05pm. Mr. Shelton explained that David and Patsy
Prillaman had petitioned to rezone a total of 10.87 acres, two (2) parcels of land, located on State
Road 57/Callands Road in the Callands-Gretna Election District from R-1, Residential Suburban
Subdivision District to A-1, Agricultural District. Once the properties are 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. David Prillaman was there to
represent the petition. No one signed up to speak and Mr. Warren closed the hearing at 8:06pm.
Motion was made by Mr. Hagerman, seconded by Mr. Blackstock, to approve rezoning Case R -
17-003 from R-1, Residential Suburban Subdivision District to A-1, Agricultural District and the
following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-
Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes. Mr.
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Hagerman’s motion to rezone Case R-17-003 from R-1, Residential Suburban Subdivision
District to A-1, Agricultural District was unanimously approved by the Board.
Public Hearing
Public hearing to receive citizen input on potentially granting Intertape Polymer Group, Inc., a
temporary construction easement on Tax Parcel 2338-50-3839 (10.27 acres), currently owned
by Pittsylvania County, Virginia (the “County”).
Mr. Warren opened the public hearing at 8:07pm. Mr. Sides explained Intertape has contacted
the County about possibly using a piece of property owned by Pittsylvania County on Eagle
Springs Road for a temporary truck turn around area. With this turn around area, the company’s
trucks would be able to access the existing facility from either Ringgold Industrial Parkway or
Eagle Springs Road. Pittsylvania County currently owns parcel 2338-50-3839, which measures
10.72 acres. Only a small portion of the property, located east of the existing rail line and south
of Eagle Springs Road, would be needed. Because this property is publicly owned, a Public
Hearing would be required before taking any action relating to use of the property. Prior to the
Public Hearing, the County Attorney would need to draft an agreement stipulating the temporary
use of the property along with addressing stabilization and liability issues. Mr. Coy Harville, of
the Westover District and retired member of the Board of Supervisors, spoke in favor of granting
the temporary construction easement, noting Intertape been a successful business in Pittsylvania
County for over 25 years. No one else signed up to speak and Mr. Warren closed the hearing at
8:08pm. Motion was made by Mr. Barber, seconded by Mr. Blackstock, to authorize the County
Administrator to sign the easement agreement, and the following Roll Call Vote was recorded:
Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr.
Barksdale-Yes; and Mr. Warren-Yes. Mr. Barber’s motion was unanimously approved by the
Board.
DEED OF TEMPORARY CONSTRUCTION EASEMENT
This DEED OF TEMPORARY CONSTRUCTION EASEMENT (the “Deed”), made
and entered into this ____ day of __________, 2017, by and between Pittsylvania County,
Virginia, a political subdivision of the Commonwealth of Virginia, Grantor, and Intertape
Polymer Group Corporation, a Canadian Corporation, Grantee.
WITNESSETH:
That for and in consideration of the sum of TEN DOLLARS ($10.00), cash in hand paid,
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Grantor hereby grants and conveys to the Grantee, a Temporary Construction
Easement (the “easement”) on, over, across, and through property owned by Grantor, more
particularly described as GPIN 2338-50-3839, MB 44/148L.
As more fully detailed in the Exhibits attached hereto and fully incorporated herein by
said reference, Grantee and its contractors shall have the right to utilize the easement for the
purpose of construction site access during a building improvement project to provide a vehicle
turn around area, and for the removal of soil material to be used for construction purposes. The
term of this easement shall be for such period of time as is necessary for the completion of the
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construction of the aforesaid improvements, but in any event, it shall terminate no later than one-
hundred and eighty (180) days from the date of execution of this Deed.
Grantee agrees that the construction work shall be pursued as diligently and expeditiously
as reasonably possible.
Grantee agrees to repair or to pay for any actual damage that may be caused by it or its
contractors in the exercise of any of the rights granted herein, to the extent permitted by law.
At the conclusion of all construction work, Grantee shall see that Grantor’s property is
restored to a stabilized and vegetated condition. Grantee also agrees that neither it, nor its
successors or assigns, shall construct or install anything within the easement area prior to or
during the term of the easement, including fences and shrubbery, without Grantor’s written
permission. Temporary access and turn around facilities must be constructed in compliance with
all Virginia Department of Transportation rules and regulations. All easement activities must
comply with all applicable regulations and all required permits must be obtained at the grantee’s
expense. No damage or restoration is expected other than is indicated on the attached Exhibits.
At the conclusion of the Easement period, all work that is indicated in the attached Exhibits will
be left in place.
Grantee agrees to indemnify and save harmless Grantor, its officers, agents, employees,
and volunteers from any and all losses, expenses, costs and claims, including but not limited to
costs of investigation, all reasonable attorneys’ fees (whether or not litigation results), and the
cost of any appeal, occurring or arisin g in connection with the Contractor’s, its agents’,
subcontractors’, employees’, or volunteers’ negligence or wrongful acts or omissions in
connection with its performance of any and all of the activities covered by this Deed. Nothing
contained in this Deed shall be deemed to be a waiver of Grantor’s sovereign immunity.
The terms, covenants, and provisions of this easement shall extend to and be binding
upon the heirs, executors, administrators, personal representatives, successors, and assigns of the
parties hereto.
Grantor covenants that it has the right to convey the easement herein granted.
WITNESS the following signatures and seals:
GRANTOR:
PITTSYLVANIA COUNTY, VIRGINIA
By: __________________________________
Title: County Administrator
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COMMONWEALTH OF VIRGINIA
COUNTY OF PITTSYLVANIA, to-wit:
I, _____________________________________________, a Notary Public in and for the
County of Pittsylvania, Virginia, whose term of office expires on ________, 20__, do hereby
certify that David M. Smitherman, Pittsylvania County Administrator, whose name is signed to
the foregoing Deed of Temporary Construction Easement, has acknowledged the same before me
in the County and State aforesaid. He is personally known to me or has produced a dri ver’s
license as identification.
Given under my hand this _______ day of _______________, 2017
_____________________________________
Notary Public
Registration No._______________________
APPROVED AS TO FORM:
__________________________
J. Vaden Hunt, Esq.
Pittsylvania County Attorney
GRANTEE:
INTERTAPE POLYMER GROUP CORPORATION
By: __________________________________
Title:__________________________________
_____________________________
COUNTY OF ___________, to-wit:
I, _____________________________________________, a Notary Public in and for
the______________________, whose term of office expires on ________, 20__, do hereby
certify that ___________________________, whose name is signed to the foregoing Deed of
Temporary Construction Easement, has acknowledged the same before me in the County and
State aforesaid. He/She is personally known to me or has produced a driver’s license as
identification.
Given under my hand this _______ day of _______________, 2017
_____________________________________
Notary Public
Registration No._______________________
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Unfinished Business
At the Board of Supervisors’ meeting on December 5, 2016, a motion was made by Mr.
Barber, seconded by Mr. Davis, for the reappropriation of $37,143.22 as follows: $.44 to Human
Resources-Training (100-4-012220-5540), $11.99 to Electoral Board-Office Supplies (100-4-
013100-6001), $1.55 to Registrar-Office Supplies (100-4-013100-6001), $100.00 to Clerk of
Court-Copier Lease, $225.00 to Sheriff-Undercover Account (100-4-031200-6024), $230.00 to
Sheriff-Halloween Contributions (100-4-031200-5878), $51.28 to Sheriff-Fuel (100-4-031200-
6008), $2,691.61 to Sheriff-Parts (100-4-031200-6030), $2,652.49 to Sheriff-Labor (100-4-
031200-6031), $50.53 to VFD-United Way Contribution (100-4-032200-5667), $88.00 to
Extradition (100-4-033100-5550), $117.40 to Jail-Food Supplies (100-4-033100-6002), $1.88 to
Landfill-Telephone (100-4-042400-5230), $13.71 to Library-Office Supplies (100-4-073100-
6001), $85.00 to Non-departmental-Awards & Certificates (100-4-091200-5840), $30,822.34 to
WIA-Rent (251-4-353853-6014). This motion required a 10-Day Layover that had now been
met and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr.
Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes.
Mr. Barber’s motion was unanimously approved by the Board.
At the Board of Supervisor’s December 13, 2017 meeting, a motion was made by Mr.
Warren, seconded by Mr. Davis, for the appropriation of $146,100, from Unappropriated
Surplus, for the base bid of the Courthouse Chiller Project ($130,500) plus $15,600 for a 5-year
warranty. Mr. Warren’s motion required a 10-Day Layover that had now been met and the
following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-
Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes. Mr. Warren’s
motion was unanimously approved by the Board.
News Business
Financial Matters
Motion came from the Finance Committee to approve the Budget Calendar, which was
unanimously approved by the Board.
Motion was made by Mr. Barksdale, seconded by Mr. Davis, to approve the
reappropriation of $59,470.46 as follows: $226.66 to Board of Supervisors-Travel (100-4-
011010-5500), $1,000.00 to Circuit Court-Salaries & Wages (100-4-021100-1100), $6.00 to
Circuit Court-Meals for Jurors (100-4-021100-6002), $100.00 to Clerk of Court-Copier Lease,
$5.02 to Sheriff-Postage (100-4-031200-5210), $200.00 to Sheriff-Undercover Account (100-4-
031200-6024), $250.00 to Sheriff-Parts (100-4-031200-6030), $326.67 to Extradition (100-4-
033100-5550), $32.00 to Jail-Food Supplies (100-4-033100-6002), $9,086.64 to E911-
Telephone (100-4-035500-5230), $.54 to Landfill-Engine Accessories (100-4-042300-6032),
$908.00 to CPMT-Pool Programs (100-4-053500-7003), $35.00 to Recreation-Park Maintenance
(100-4-071100-60065), $4,599.61 to Library-Telephone (100-4-073100-5230), $34,854.72 to
Library-Internet Services (100-4-073100-5240), $5.00 to Victim/Witness-Travel (250-4-
021900-5500), $7,834.60 to WIA-Rent (251-4-353853-6014). This motion required a 10-Day
Layover.
The Board was informed that the Courthouse Maintenance Fund has been used to keep
the original Chiller running until the new Chiller is installed. A total of $3,286.12 needed to be
appropriated to cover these maintenance costs. There are sufficient funds to cover this
appropriation. These 2 items have tremendously reduced the balance in the Courthouse
Maintenance Fund. Future repairs to the Courthouse will need to be charged elsewhere until this
fund is restored. The balance in the Courthouse Maintenance Fund stands at $4,017.21 after all
costs are accounted for. Motion was made by Mr. Blackstock, seconded by Mr. Davis, to
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approve an amendment to the Courthouse Maintenance budget and appropriate a total of
$3,286.12, and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes;
Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes.
Mr. Blackstock’s motion was unanimously approved by the Board.
Ms. Van Der Hyde explained the Board of Supervisors awarded a contract to Dewberry
on June 21, 2016 to provide Architectural & Engineering services to design a secure main entry
to the Courthouse complex. The total amount needed for construction is $269,000.00. These
funds need to be appropriated to the Courthouse Security Fund in line item 314 -4-043201-8212.
The Courthouse Security Fund currently has a balance of $767,691.32 and will be used for this
Courthouse security project. Motion was made by Mr. Barber, seconded by Mr. Davis, for
$269,000 be appropriated to the Courthouse Security Fund line item 314-4-043201-8212, and the
following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-
Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes. Mr. Barber’s
motion was unanimously approved by the Board.
Mr. Rowe explained The Virginia Brownfields Restoration and Economic
Redevelopment Assistance Fund (VBAF) was established to promote the restoration and
redevelopment of brownfield sites in the Commonwealth and to address environmental problems
or obstacles to reuse so that such sites can be effectively marketed to new economic development
prospects. Pittsylvania County economic development staff applied for the grant on behalf of
Southern Virginia Multimodal Park, LLC for the Southern Virginia Multimodal Park in Hurt,
VA. Staff has been notified that they have successfully received a $50,000 grant award. No tax
payer funds are being utilized as part of this project.
The County and the Southern Virginia Multimodal Park, LLC, (SVMP, LLC) are
working together on a public-private partnership to establish a world-class industrial park in
Hurt, VA; known as the Southern Virginia Multimodal Park (SVMP). As part of this effort,
County economic development staff has applied for the VBAF grant on behalf SVMP, LLC to
identify, delineate, and perform activities regarding 3 areas of concern within the property
known as the SVMP (formerly the Klopman Mills site). The grant requires a dollar-for-dollar
match, which is being provided by SVMP, LLC. SVMP, LLC has committed to paying $84,500
for its portion of the $134,500 project; with the remaining being funded by the $50,000 grant.
The VBAF performance agreement has been reviewed by the County’s Attorney with no
additional changes or comments.
In addition, to eliminate any fiscal risk to the County, county staff has worked with
SVMP, LLC to develop a performance agreement between SVMP, LLC and the County, which
states that the County shall only disburse grant funds on a reimbursement basis dependent upon
SVMP, LLC providing the County will acceptable receipts of work completed. The agreement
also states that SVMP, LLC is responsible for outstanding work required or repayments to be
made (which will be eliminated based upon the reimbursement method).
The performance agreement between SVMP, LLC and the County has been reviewed by
the County’s attorney with no additional changes or comments.
Motion was made by Mr. Blackstock, seconded to Mr. Barksdale, to accept the $50,000
VBAF grant and to direct the County Administrator to sign the accompanying performance
agreements with VEDP and SVMP, LLC and the following Roll Call Vote was recorded: Mr.
Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr.
Barksdale-Yes; and Mr. Warren-Yes. Mr. Blackstock’s motion was unanimously approved by
the Board.
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VIRGINIA BROWNFIELDS RESTORATION AND ECONOMIC
REDEVELOPMENT ASSISTANCE FUND PROGRAM
SITE ASSESSMENT AND PLANNING GRANT
PERFORMANCE AGREEMENT
This PERFORMANCE AGREEMENT made and entered this ____ day of November,
2016, by and between the VIRGINIA ECONOMIC DEVELOPMENT PARTNERSHIP
AUTHORITY (“VEDP”), a political subdivision of the Commonwealth of Virginia (the
“Commonwealth”) and the COUNTY OF PITTSYLVANIA, VIRGINIA (the “Grantee”), a
political subdivision of the Commonwealth.
WITNESSETH:
WHEREAS, the Virginia Brownfields Restoration and Economic Redevelopment
Assistance Fund (the “VBAF”) was established pursuant to § 10.1-1237 of the Code of Virginia
of 1950, as amended (the “Virginia Code”), to promote the restoration and redevelopment of
brownfield sites in the Commonwealth and to address environmental problems or obstacles to
reuse so that such sites can be effectively marketed to new economic development prospects;
WHEREAS, the VBAF is administered by the Virginia Resources Authority (“VRA”),
and VEDP directs the distribution of grants from the VBAF;
WHEREAS, VEDP, in consultation with the Virginia Department of Environmental
Quality (“DEQ”), has established guidelines for the awarding of Site Assessment and Planning
Grants from the VBAF;
WHEREAS, VEDP, in consultation with DEQ, has approved an application submitted by
the Grantee to identify, delineate and characterize materials associated with three Areas of
Concern (“AOC”) identified as Recognized Environmental Conditions and perform related
activities (the “Project”) at the former Burlington Industries - Klopman Mills site in Hurt,
Virginia (the “Site”);
WHEREAS, VEDP, in consultation with DEQ and based upon the VBAF priorities, has
awarded a Site Assessment and Planning Grant in the amount of $50,000 (the “Grant”) to the
Grantee for the Project;
WHEREAS, VEDP and the Grantee desire to set forth their understanding and
agreement as to the payout of the Grant, the use of the Grant proceeds, the obligations of the
Grantee, and the repayment by the Grantee of all or part of the Grant under certain
circumstances; and
WHEREAS, the restoration and redevelopment of brownfield sites and addressing
environmental problems or obstacles to reuse constitutes a valid public purpose for the
expenditure of public funds and is the animating purpose in making the Grant:
NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises
and undertakings of the parties to this Agreement, and other good and valuable consideration, the
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receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as
follows.
Section 1. Definitions
For the purposes of this Agreement, the following terms shall have the following
definitions:
“Investment” means expenditures by or on behalf of the Grantee associated with the
Project, including the Grant proceeds and the Local Match.
“Investment Schedule” means the timetable of the Investment.
“Local Match” means the required one-to-one match by the Grantee of the amount of the
Grant from public and/or private sources in either cash or documented reasonable and necessary
costs associated with the Project.
“Performance Date” means July 1, 2017, which is the date by which the Grantee expects
to have completed the Project. If VEDP, in consultation with DEQ, deems that good faith and
reasonable efforts have been made and are being made by the Grantee to complete the Project ,
the Performance Date may be extended by up to 15 months and the date to which the
Performance Date has been extended shall be the “Performance Date” for the purposes of this
Agreement.
Section 2. Disbursement of Grant; Use of Grant Proceeds.
(a) Disbursement: The Grant will be paid to the Grantee in one payment of $50,000.
Promptly upon the execution and delivery of this Agreement by the Grantee, VEDP will forward
to VRA a copy of this Agreement, together with a direction to disburse $50,000 to the Grantee.
(b) Use of Grant Proceeds: The Grantee will expend the proceeds of the Grant only
as permitted by § 10.1-1237 of the Virginia Code and as part of the Investment and on the
Investment Schedule, as both are set forth on Exhibit A hereto.
Section 3. Investment and Investment Schedule.
(a) Investment: The Grantee is expected to make the Investment and to complete the
Project on or before the Performance Date. As the Project is undertaken, adjustments to the
Investment may be needed. Except for de minimis adjustments (adjustments impacting, in the
aggregate, less than 10% of the Grant proceeds), adjustments to the Investment require the prior
written approval of VEDP and must be reflected on a revised Exhibit A provided to VEDP.
(b) Investment Schedule: Investment is expected to be made on the Investment
Schedule, but no later than the Performance Date. If adjustments to the Investment Schedule are
needed, such adjustments do not require prior written approval from VEDP, but must be
reflected on a revised Exhibit A provided to VEDP.
(c) Supplemental Grant: If the Investment proves insufficient to allow the Grantee to
complete the Project or other associated work identified through the results of the Project, a
supplement grant in an amount of up to 20% of the Site Assessment and Planning Grant may be
awarded if that additional amount, plus other identified funds, will be sufficient to allow
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completion and if monies are available from the VBAF. If such supplemental Site Assessment
and Planning Grant is awarded, the Grantee must provide an additional Local Match.
Section 4. Local Match.
Evidence provided by the Grantee to VEDP demonstrates that the Grantee will make the
Local Match on or before the Performance Date.
Section 5. Reporting.
(a) Grant Report: The Grantee may provide a written detailed report reasonably
satisfactory to VEDP and DEQ indicating that the Grant proceeds have been expended and the
Local Match has been made (“Grant Report”) at any time prior to the Performance Date. The
Grantee must provide the Grant Report no later than September 1, 2017.
The Grant Report must include:
(i) a brief summary of the outcome of the Project;
(ii) whether or not the Site may be effectively marketed to new economic
development prospects;
(iii) any adjustments made to the Investment and Investment Schedule;
(iv) if the Site was not enrolled in the Virginia Voluntary Remediation Program
(“VRP”), certification that Project has met remediation and risk standards of care
for reuse of the Site and that the Grantee will maintain all records for facilitating
potential future brownfields revitalization of the Site, to demonstrate appropriate
care, and to facilitate potential future VRP enrollment if necessary; and
(v) statement that data collected reflects certification by the Virginia Environmental
Laboratory Accreditation Program (“VELAP”).
(b) Status Report: The Grantee must provide a written detailed report reasonably
satisfactory to VEDP providing an update on the Site including whether the Site was successfully
marketed to a new economic development prospect and the Project generated any additional
private investment and job creation, at such other time as VEDP and DEQ may require,
including after the Performance Date.
(d) Costs of Reporting: The cost of reporting will be borne by the Grantee.
Section 5. Repayment Obligations.
(a) If Investment is Less than Expected: If the Grant Report indicates that the Grantee
was able to complete the Project for less than the expected Investment, such that the amount of
the Grant proceeds exceeds the Local Match or the Grantee will not need all of the Grant
proceeds previously disbursed to the Grantee, the Grantee must repay to VEDP an amount equal
to the excess amount or the amount of the Grant proceeds no longer required.
Re-Organization Meeting
January 3, 2017
(b) If Grant Proceeds are Misspent: If the Grant Report indicates, or any evidence
gathered by VEDP reveals, that any Grant proceeds have been expended on anything other than
the expected Investment, the Grantee must repay to VEDP the amount so misspent.
(c) Failure to Complete by Performance Date: To the extent that the Grant proceeds
are not expended by the Performance Date or if the Performance Date is not extended, the
unspent proceeds as of the Performance Date must be repaid to VEDP.
(d) Repayments to Fund: VEDP will provide written notification to the Grantee if
any repayment is due from the Grantee to VEDP under this Agreement. Within 60 days of
receiving such notification, the Grantee will make the repayment to VEDP, subject to
appropriation. Any repayment received by VEDP will be promptly transferred by VEDP to the
VRA for redeposit to the Fund.
Section 6. Notices.
Formal notices and communications among the Parties shall be given either by (i)
personal service, (ii) delivery by a reputable document delivery service that provides a receipt
showing date and time of delivery, (iii) mailing utilizing a certified or first class mail postage
prepaid service of the United States Postal Service that provides a receipt showing date and time
of delivery or (iv) delivery by facsimile or electronic mail (email) with transmitt al confirmation
and confirmation of delivery, addressed as noted below. Notices and communications personally
delivered or delivered by document delivery service shall be deemed effective upon receipt.
Notices and communications mailed shall be deemed effective on the second business day
following deposit in the United States mail. Notices and communications delivered by facsimile
or email shall be deemed effective the next business day, not less than 24 hours, following the
date of transmittal and confirmation of delivery to the intended recipient. Such written notices
and communications shall be addressed to:
if to the Grantee, to: with a copy to:
County of Pittsylvania, Virginia
1 Center Street
Chatham, Virginia 24531
Facsimile: _______________
Email: matthew.rowe@pittgov.org
Attention: Matthew D. Rowe, Director of
Economic Development
Samet Corporation
309 Gallimore Dairy Road
Suite 102
Greensboro, North Carolina 27409
Facsimile: _______________
Email: bhall@sametcorp.com
Attention: Brian Hall, Project Manager
if to VEDP, to: with a copy to:
Virginia Economic Development Partnership
One James Center, Suite 900
901 East Cary Street
Post Office Box 798 (zip: 23218-0798)
Richmond, Virginia 23219
Facsimile: 804.545.5611
Email: dgundersen@yesvirginia.org
Attention: Interim President & CEO and COO
Virginia Economic Development Partnership
One James Center, Suite 900
901 East Cary Street
Post Office Box 798 (zip: 23218-0798)
Richmond, Virginia 23219
Facsimile: 804.545.5611
Email: smcninch@yesvirginia.org
Attention: General Counsel
Section 7. Miscellaneous.
Re-Organization Meeting
January 3, 2017
(a) Entire Agreement; Amendments: This Agreement constitutes the entire agreement
between the parties hereto as to the Grant, and may not be amended or modified, except in
writing, signed by each of the parties hereto. This Agreement shall be binding upon and inure to
the benefit of the parties hereto and their respective successors and assigns. The Grantee may
not assign its rights and obligations under this Agreement without the prior written consent of
VEDP.
(b) Governing Law; Venue: This Agreement is made, and is intended to be
performed, in the Commonwealth and shall be construed and enforced by the laws of the
Commonwealth. Jurisdiction and venue for any litigation arising out of or involving this
Agreement shall lie in the Circuit Court of the City of Richmond, and such litigation shall be
brought only in such court. In the event this Agreement is subject to litigation, each party shall
be responsible for its own attorney’s fees.
(c) Counterparts: This Agreement may be executed in one or more counterparts,
each of which shall be an original, and all of which together shall be one and the same
instrument.
(d) Severability: If any provision of this Agreement is determined to be
unenforceable, invalid or illegal, then the enforceability, validity and legality of the remaining
provisions will not in any way be affected or impaired, and such provision will be deemed to be
restated to reflect the original intentions of the parties as nearly as possible in accordance with
applicable law.
IN WITNESS WHEREOF, the parties hereto have executed this Performance
Agreement as of the date first written above.
VIRGINIA ECONOMIC
DEVELOPMENT PARTNERSHIP
AUTHORITY
By
Name: Daniel C. Gundersen
Title: Interim President & CEO and COO
Date: , 2016
COUNTY OF PITTSYLVANIA,
VIRGINIA
By
Name:
Title:
Date: , 2016
SEEN AND ACKNOWLEDGED:
VIRGINIA RESOURCES AUTHORITY VIRGINIA DEPARTMENT OF
ENVIRONMENTAL QUALITY
Re-Organization Meeting
January 3, 2017
By By
Name: Name:
Title: Title:
Date: , 2016 Date: , 2016
Exhibit A: Investment and Investment Schedule
EXHIBIT A
INVESTMENT
INVESTMENT SCHEDULE
INVESTMENT
Cost Item Amount
AOC 1: Tris Drum Site Investigation $40,300
AOC 2: Drum & Debris Area Investigation 14,000
AOC 3: Boiler Ash & Slag Area Investigation 11,500
On Site Labor 18,500
Equipment 23,400
Materials 17,850
Project Management 8,950
Total $134,500
INVESTMENT SCHEDULE
The Honorable Michael Taylor, Sheriff for Pittsylvania County, and Kenny Lewi s,
former NFL professional football player and long-time Danville public school
administrator, were present to speak to the Board about the Department of Criminal Justice
Services grant received for the 21st Century Policing Grant Program – Heroes & Kids. The
purpose of the grant is for the Pittsylvania County Sheriff’s Department, the Danville Police
Department, and the Danville Sheriff’s Office to partner with the Danville Church-Based
Tutorial Program, the Boys & Girls Clubs of the Danville Area, and the Danville Family YMCA
to positively impact the lives of more than 600 youth ages 6-17. These agencies will provide
social, emotional and academic support through one-to-one and small group mentoring, while at
the same time promotion respectful relationships. The County received notification that the
Byrne/JAG-Policing in the 21st Century Grant Program – Heroes & Kids had been approved in
the amount of $36,000 with $4,000 of matching funds that had already been budgeted in the
Sheriff’s Department. Motion was made by Mr. Barksdale, seconded by Mr. Davis, to accept the
grant and appropriate $36,000 to the Policing in the 21st Century Grant Program – Heroes &
Kids, and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr.
Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes.
Mr. Barksdale’s motion was unanimously approved by the Board.
Date Amount
Total $134,500
Re-Organization Meeting
January 3, 2017
Appointments by the Board
Motion was made by Mr. Davis, seconded by Mr. Barber, to re-appoint Bobby Gene
Atkinson to the Pittsylvania County Service Authority as the Dan River Representative for a four
(4) year term, beginning 01-09-2017 until 01-08-2021. Mr. Davis’ motion was unanimously
approved by the Board.
Motion was made by Mr. Barber, seconded by Mr. Davis, to re-appoint Glenda H.
Motley as a Pittsylvania County representative to the Dan River Alcohol Safety Action Program
for a 3-year term that will begin on March 22, 2017 and end on March 21, 2020. Mr. Barber’s
motion was unanimously approved by the Board.
Adjournment
Motion was made by Mr. Barber, seconded by Mr. Blackstock, to adjourn, which was
unanimously approved by the Board. The meeting adjourned at 8:45pm.
__________________________________________
Robert W. “Bob” Warren, Chair
Pittsylvania County Board of Supervisors
__________________________________________
David M. Smitherman, Clerk
Pittsylvania County Board of Supervisors