02-06-2017 Regular MeetingFebruary 6, 2017
Regular Meeting
Pittsylvania County Board of Supervisors
Regular Meeting
February 6, 2017
VIRGINIA: The Regular meeting of the Pittsylvania County Board of Supervisors was
held on Monday, February 6, 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, Mr. J. Vaden Hunt, County Attorney,
Mr. Matt Rowe, Director of Economic Development, Ms. Kim Van Der Hyde, Director of
Finance, Lisette Jordan, Human Resource Manager, and Rebecca Flippen, Deputy Clerk were
also present.
After a Moment of Silence, Mr. Warren led the Pledge of Allegiance.
Approval of Agenda
Motion was made by Mr. Blackstock, seconded by Mr. Davis, to approve the agenda,
which was unanimously approved by the Board.
Hearing of the Citizens
Mr. Richard Shumate of the Westover District offered a word of prayer.
Dr. Tiffany Franks, President of Averett College, updated the Board of the college’s
current activities.
No one else signed up to speak.
Consent Agenda
Motion was made by Mr. Barber, seconded by Mr. Davis, to approve the Consent
Agenda, which was unanimously approved by the Board.
(a) Minutes – January 3, 2017
January 17, 2017
(b) Bill List – January 2017 (Online)
(c) Ratify Proclamation – Axxor’s 5th Anniversary
(d) Ratify Letters of Birthday Recognitions:
Ellawease Thompson – 90th Birthday
James Edward Alderson – 100th Birthday
(e) Resolutions of Support:
(1) Kentuck Volunteer Fire Department
(2) Bachelors Hall Volunteer Fire Department
(f) Position Description Changes
(g) Proclamation – Black History Month – February 2017
Regular Meeting
February 6, 2017
Pittsylvania County Board of Supervisors
PROCLAMATION
Axxor Group
Recognizing Five-Years of Business Operations in Pittsylvania County
WHEREAS, the Axxor Group (Axxor) is a recognized leader in the development, production,
and sale of honeycomb made from paper and water-based glues, that is used in numerous
furniture, packaging, and automotive products; and;
WHEREAS, Axxor located its first U.S. manufacturing facility, Axxor North America, from the
Netherlands to the Ringgold East Industrial Park in Pittsylvania County in 2011 with an
announced investment of $4.96 million; and;
WHEREAS, Axxor is a valued employer of Pittsylvania County residents, and is an active and
engaged business member in the surrounding community and Danville-Pittsylvania County
Chamber of Commerce; and;
WHEREAS, Axxor has successfully operated its Pittsylvania County production facility located
at 2275 Cane Creek Parkway, in the community of Ringgold, for five (5) years; then
BE IT PROCLAIMED, that the Pittsylvania County Board of Supervisors expresses both its
congratulations to the Axxor Group (Axxor) for celebrating its five-year anniversary of its
commercial operations of Axxor North America in Pittsylvania County; and, its thanks to the
local Axxor North America plant and management for the great economic benefits they bring to
Pittsylvania County.
BE IT FURTHER PROCLAIMED that a copy of this proclamation be presented to
representatives of the Axxor Group (Axxor).
Pittsylvania County Board of Supervisors
RESOLUTION
2017-02-02
WHERAS, the Pittsylvania County Board of Supervisors under the United States
Internal Revenue Code receives a $10-million dollar allocation for tax exempt bonds each year
beginning January 1; and
WHEREAS, the tax exempt bonds cover boards, agencies and commissions under the
Board of Supervisors; and
WHEREAS, the Kentuck Volunteer Fire Department is an authorized Volunteer Fire
Department identified in Section 31-2:1 of the Pittsylvania County Code, authorizing them to
participate in financing on tax exempt status for equipment utilized by the Volunteer Fire
Department for public use; and
WHEREAS, the Kentuck Volunteer Fire Department has held a public hearing on
December 22, 2016 on the tax-exempt financing after publishing the required notice by code;
then
Regular Meeting
February 6, 2017
BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors
hereby approves the Kentuck Volunteer Fire Department entering into a financial agreement as
required under the United States Internal Revenue Code for financing to be carried out on a tax
exempt basis in the amount not to exceed $333,886.00.00 to finance one (1) 2016 Pierce
Responder Multi-Use Pumper Mounted on a 2016 Freightliner Chassis; and
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the
Kentuck Volunteer Fire Department in order to supplement their financing requirements.
Pittsylvania County Board of Supervisors
RESOLUTION
2017-02-03
WHERAS, the Pittsylvania County Board of Supervisors under the United States
Internal Revenue Code receives a $10-million dollar allocation for tax exempt bonds each year
beginning January 1; and
WHEREAS, the tax exempt bonds cover boards, agencies and commissions under the
Board of Supervisors; and
WHEREAS, the Bachelors Hall Volunteer Fire Department is an authorized Volunteer
Fire Department identified in Section 31-2:1 of the Pittsylvania County Code, authorizing them
to participate in financing on tax exempt status for equipment utilized by the Volunteer Fire
Department for public use; and
WHEREAS, the Bachelors Hall Volunteer Fire Department has held a public hearing on
December 22, 2016 on the tax-exempt financing after publishing the required notice by code;
then
BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors
hereby approves the Bachelors Hall Volunteer Fire Department entering into a financial
agreement as required under the United States Internal Revenue Code for financing to be carried
out on a tax exempt basis in the amount not to exceed $245,000.00.00 to finance one (1) 2016
Pierce Responder Multi-Use Pumper Mounted on a 2016 Freightliner Chassis; and
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the
Bachelors Hall Volunteer Fire Department in order to supplement their financing requirements.
Pittsylvania County Board of Supervisors
Proclamation
BLACK HISTORY MONTH
“The Crisis of Black Education”
Whereas, the Board of Supervisors of Pittsylvania County takes pride in joining Americans
throughout the country in recognizing February 2017 as National Black History Month; and
Regular Meeting
February 6, 2017
Whereas, African Americans play an important role in Pittsylvania County, Virginia, and
American history, and the famous historian Dr. Carter G. Woodson, a native Virginian and the
son of former slaves, brought this fact to the world’s attention by founding the Association for
the Study of Negro Life and History, publishing significant scholarly works and establishing
Negro History Week, the precursor to Black History Month; and
Whereas, the theme of this year’s celebration is “The Crisis of Black Education” focusing on
the crucial role of education in the history of African Americans; and
Whereas, African Americans have made substantial contributions in human progress in the
fields of Economics, Medicine, Law, Science, Technology, Literature, and in many other phases
of human endeavors, and continue to have an important impact on technological advances in the
information age and in every frontier of science and art; and
Whereas, Pittsylvania County is committed to meeting our education challenge and improving
our education system for all students, and is honored to celebrate the contributions of African
Americans to the fabric of our state; then
Now, Therefore, Be It Resolved, that the Pittsylvania County Board of Supervisors do hereby
proclaim the month of February, 2017, as Black History Month, and encourage we remember
that no matter a person’s color, ethnicity, or background, all our County’s citizens can make a
positive difference in their communities.
Public Hearings
As required by Virginia Code § 15.2-1800(B), public hearing to receive citizen input on the
potential sale of County owned property and appurtenances thereon located at the corner of
Bank and Purden Streets in the Town of Chatham, Virginia, more fully described as being
property identified as Tax Map # 2426-01-3521 and measuring 0.28 acres.
Mr. Warren opened the public hearing at 7:12pm. Steve DelGiorno, intended buyer of the
property, told the Board he was purchasing the property, which included the old theatre building,
for the purpose of re-locating his company, Doomsday Tackle Company, within the building, as
an innovation center for the company. Once renovations of the building are complete, said Mr.
DelGirono, the company would open under the name of DTCo Innovation Center, and will
include a video studio, a 32-foot long testing tank, product development, testing and retail sales.
No one else signed up to speak and Mr. Warren closed the hearing at 7:27pm. Motion was made
by Mr. Blackstock, seconded by Mr. Hagerman, to approve the sale of County owned property
identified as Tax Map # 2426-01-3521 and measuring 0.28 acres to Steve DelGiorno 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.
Public Hearing to receive citizen input on the proposed amendments to Articles 1.2, 2.1, 2.6,
and 5.1, of the Pittsylvania County Board of Supervisors’ Bylaws.
Mr. Warren opened the public hearing at 7:32pm. Mr. Hunt explained Articles 1.2, 2.1, and 2.6
proposed amendments that would reflect the Board’s intention of holding one Board meet ing a
month instead of the current two meetings a month schedule. The proposed meeting schedule
would be to meet the 3rd Tuesday of each month, beginning at 4:30pm; Work Session with staff
from 4:30pm until 6pm; Dinner from 6pm – 7pm; Public Hearings, if any, beginning at 7pm;
Regular meeting following any public hearings (if any); meeting in November to be held
Regular Meeting
February 6, 2017
November 28, 2017 due to Thanksgiving holiday schedule. The proposed amendment to Article
5.1 would increase the 10-Day Layover requirement threshold to $50,000. Richard Shumate of
the Westover District commented that he did not agree with the Board reducing their meetings to
once a month. The citizens of the County, under Hearing of the Citizens, only had 3 minutes to
speak to the Board at each meeting with their concerns and that would be reduced to 3 minutes
once a month. He further stated that the Board’s salaries were just increased last year, and now
they were reducing their meeting schedule in half. No one else signed up to speak and Mr.
Warren closed the hearing at 7:34pm. Motion was made by Mr. Blackstock, seconded by Mr.
Barber, to approve amending Articles 1.2, 2.1, 2.6, and 5.1 as presented. Mr. Barksdale thanked
Mr. Shumate for his comments and submitted the following comments: “With no intend to
disrespect any members of the Board, there is no business necessity to warra nt going to one
meeting a month. Having less interaction, with the emphasis on less, amongst Board and staff
will not add value to anything we do. Personally, meeting once a month raises my expectations
of the Board. The Board attendance at meetings, involvement in local activities and events,
should improve tremendously.” Mr. Barksdale further commented that regardless of the vote, he
would continue to be active in the aforementioned. No other comments were made. The
following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-
Yes; Mr. Scearce-Yes; Mr. Davis-No; Mr. Barksdale-No; and Mr. Warren-Yes. Mr.
Blackstock’s motion carried by a 5-2 majority vote of the Board, with Mr. Barksdale and Mr.
Davis opposing.
This concluded the public hearings.
Unfinished Business
At the Board of Supervisors’ meeting on January 17, 2017, a motion was made by Mr.
Barksdale, seconded by Mr. Davis, 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 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. Barksdale’s motion was unanimously
approved by the Board.
News Business
Financial Matters
The Finance Committee met at4:30pm on February 6, 2017 and had no recommendations
for the Board of Supervisors at this time.
Motion was made by Mr. Barber, seconded by Mr. Barksdale, to approve a
reappropriation of $19,244.06 as follows: $117.39 to Fleet-Travel (100-4-012520-6008),
$100.00 to Clerk of Court-Copier Lease, $1.18 to Comm Atty.-Office Supplies (100-4-022100-
6001), $150.00 to Sheriff-Undercover Account (100-4-031200-6024), $2,037.31 to Sheriff-
Capital Outlay-Vehicles (100-4-031200-8105), $35.75 to Extradition (100-4-033100-5550),
Regular Meeting
February 6, 2017
$62.00 to Jail-Food Supplies (100-4-033100-6002), $100.00 to Animal Control-Donations (100-
4-035100-5883), $42.73 to B&G-Bldg Maint Supplies (100-4-043100-6007), $1,593.58 to
Library-Office Supplies (100-4-073100-6001), $425.99 to Library-Furniture & Fixtures (100-4-
073100-6003), $1.33 to Library-Bldg Maint Supplies (100-4-073100-6007), $540.00 to Library-
Books & Subscriptions (100-4-073100-6012), $14,036.80 to WIA-Rent (251-4-353853-6014).
This motion required a 10-Day Layover.
Kim Van Der Hyde, Director of Finance, explained that Mark W. Scarce, Clerk of Court
received notification from the State Compensation Board that there are additional technology
trust funds available to Pittsylvania County in the amount of $14,300.00 for FY 2017. These
funds will be used for office supplies and data processing. These funds will be reimbursed 100%
from the State Compensation Board. Therefore, the following budget amendment needs to be
approved and the monies appropriated from the State Compensation Board.
100-4-021600-3161 12,000.00
100-4-021600-6001 2,300.00
14,300.00
Motion was made by Mr. Barksdale, seconded by Mr. Davis, to appropriate $14,300.00 to the
Clerk of Court Budget and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr.
Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Barksdale-Yes; and
Mr. Warren-Yes. Mr. Barksdale’s motion was unanimously approved by the Board.
Mr. Smitherman explained that Patrick Henry Community College is a 501(c)(3) non-
profit organization holding the following properties within Pittsylvania County: GPIN 2420 -52-
1667; 2420-53-0687; 2420-64-1663; 2420-4-2210; and 2420-41-1685 and had submitted
applications to the Office of the Commissioner of the Revenue requesting tax exemption on these
properties. Pittsylvania County Code § 6-6.3 requires a public hearing for citizen input on
proposed amendments to that section before the Board of Supervisors could approve granting
such types of tax exemptions. Motion was made by Mr. Blackstock, seconded by Mr. Barksdale,
to authorize staff to advertise a public for citizen input on Patrick Henry Community College’s
application for tax exemption on the aforementioned properties, which was unanimously
approved by the Board.
Lisette Jordan, Human Resources Manager, presented modifications of the County’s
Personnel Policies Manual, as permitted by Section 1.1 of said manual. The modifications
include the following:
Section 6.2, F (Donation of Vacation Leave), page 20. Section removed.
Section 6.2, G, 5a (Sick Leave Bank - Procedures Concerning Use), page 21. Sentence
added: employees do not accrue leave until he/she returns to work.
Section 6.3 (Hybrid Leave Program), page 23. Paid status is when an employee
physically returns to work. Regardless of VRS plan type, employees will not accrue
vacation and sick time when out on leave.
Section 6.3 (Hybrid Leave Program), page 24. Remove section 6, no longer applies.
Section 6.5 (Injury Leave) remove wording “leave without pay” replace with “workers’
compensation.”
Regular Meeting
February 6, 2017
Section 16.2 Coverage of Personnel, Grievance. Wording narrowed to full -time
employees. Other classifications are covered by required Equal Employment Opportunity
and Department of Labor laws.
Section 19.4 (Workers’ Compensation) third paragraph revised wording – employee will
receive regular salary according to Section 6.5 (Injury Leave). The County will be
reimbursed wages it pays to the employee in the amount of 66 2/3 percent from workers’
compensation. Removed wording in sixth paragraph “leave without pay” replace with
“workers’ compensation.” See attached for Sections 6.5 & 19.4.
Ms. Jordan further explained the definition of paid status is actively at work relative to benefits.
Personnel covered under the grievance process is narrowed to full-time employment. The
donation of vacation leave will be removed from the manual in order to prevent any conflict, and
perception of bias between departments and amongst staff. Donation requests approved prior to
the date of Board of Supervisors’ approval of the manual’s modifications (02-06-2017) will be
honored. Motion was then made by Mr. Barksdale, seconded by Mr. Davis, to approve the
modifications to the County’s Personnel Policies Manual as presented with an effective date of
02-06-2017, which was unanimously approved by the Board.
Matt Rowe, Director Economic Development, explained County Staff has been working
with the Southern Virginia Multimodal Park, LLC (SVMP, LLC) to create and develop a world
class industrial park on 800 acres in Hurt, VA, that is anchored by an intermodal facility. Staff
has successfully coordinated a feasibility analysis of the site for a possible inland port facility, as
was recently highlighted through a signed and executed Memorandum of Understanding with
numerous stakeholders. Staff has also been working with neighboring locales to begin the
creation of a multi-jurisdiction and regional effort to assist in facilitating the location of large
industry to the site that would greatly impact the region. The result of this effort is the proposed
creation of an additional Regional Industrial Facility Authority; the Staunton River Regional
Industrial Facility Authority (SR RIFA).
County Staff has initiated an effort of creating a revenue-and-cost sharing mechanism
amongst neighboring locales and regions, and SVMP, LLC, for the purpose of developing the
Southern Virginia Multimodal Park in Hurt, VA. Staff has had productive conversations and has
regional support for a second, larger Regional Industrial Facility Authority. As is currently
proposed, Pittsylvania County, Town of Hurt, City of Danville, and Town of Altavista, would
comprise the membership of the Staunton River Regional Industrial Facility Authorit y. The
letter of intent is simply a mechanism that all mentioned locales must approve to show support
for the concept, and to direct their respective staffs to work together to create the required by-
laws and ordinances to establish the Authority. The document also states that all approving
locales support the location of Virginia’s second inland port site in Hurt, VA. If approved by all
governing bodies, there will be a formal Letter of Intent signing ceremony at the Willows of
Runk and Pratt in Hurt, VA, at 1:00pm on February 23, 2017, NOT, the February 16th date
previously stated in the Board’s packet. Local, regional, and State dignitaries and representatives
would likely be on-hand to celebrate the region’s, and regions’, willingness to work together.
This type of an agreement, stated Mr. Rowe, is highly encouraged by Virginia’s GoVirginia
economic development program. As currently scheduled, this Letter of Intent is expected to be
considered by the Town of Hurt and City of Danville at their respective council meetings on
February 7th, and by the Town of Altavista’s council on February 14th.
Motion was made by Mr. Blackstock, seconded by Mr. Barksdale, to approve the Letter
of Intent as explained by Mr. Rowe, which was unanimously approved by the Board.
Regular Meeting
February 6, 2017
Regular Meeting
February 6, 2017
Mr. Vaden Hunt, County Attorney, explained The Commonwealth of Virginia,
Department of Military Affairs (“DMA”) is the owner of the property located on the West side of
South Main Street (U.S. Highway No. 29) near the intersection of Memorial Drive and South
Main Street in the Town of Chatham, Virginia, in Pittsylvania County, Virginia, known as the
Chatham Readiness Center (“Chatham Armory”). Recently, the DMA decommissioned the
Chatham Armory. DMA has agreed to sell the Chatham Armory to Pitts ylvania County,
Virginia (the “County”), for $1.00. Currently, the County is utilizing the Chatham Armory for
recreational purposes, deemed a valid “public interest” by the Commonwealth of Virginia (the
“Commonwealth”). The Commonwealth has stated in the email attached hereto as Exhibit “A,”
that as long as the Chatham Armory is being used for the “public interest” when ownership is
transferred, the Commonwealth is satisfied, and said “public interest” requirement “does not
need to be a promise of that in perpetuity.” Mr. Hunt further stated if the Board of Supervisors
desires to own the Chatham Armory, Staff recommended the Board pass Resolution 2017-02-01,
authorizing the transfer of ownership of the Chatham Armory from the DMA to the County via
deed.
Motion was made by Mr. Barksdale, seconded by Mr. Barber, to approve Resolution
2017-02-01 and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-
Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Barksdale-Yes; and Mr.
Warren-Yes. Mr. Barksdale’s motion was unanimously approved by the Board.
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION 2017-02-01
___________________________________________________________________________
RESOLUTION AUTHORIZING CHATHAM ARMORY ACQUISITION
___________________________________________________________________________
WHEREAS, the Commonwealth of Virginia, Department of Military Affairs (“DMA”)
is the current owner of the decommissioned property located on the West side of South Main
Street (U.S. Highway No. 29) near the intersection of Memorial Drive and South Main Street in
the Town of Chatham, Virginia, in Pittsylvania County, Virginia, known as the Chatham
Readiness Center (“Chatham Armory”);
WHEREAS, the Pittsylvania County Board of Supervisors (the “Board”) desires to
acquire the Chatham Armory; and
WHEREAS, DMA has agreed to sell the Chatham Armory to Pittsylvania County,
Virginia (the “County”), for $1.00; and
WHEREAS, the Board and the County intend to use the Chatham Armory for the public
interest.
NOW THEREFORE, BE IT RESOLVED by the Board that the Pittsylvania County
Administrator and/or the Board Chairman is hereby authorized to execute all necessary
documents to acquire on behalf of the County and the Board the Chatham Armory; and, the
County Attorney is hereby authorized to record a Deed effectuating the same.
Regular Meeting
February 6, 2017
Motion was then made by Mr. Barber, seconded by Mr. Barksdale, to authorize the
Chairman to sign all necessary documents and for the County Attorney to put the deed to record,
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.
This Deed is exempt from recordation taxes and fees under Virginia Code §§ 58.1-811(A)(3), 58.1-811(C)(4), and 58.1-
811 (C)(5)
Prepared by: The Office of the Attorney General of Virginia
Tax Map ID # 2425-09-3450
Cash Consideration: $1.00
Actual Value: $295,000.00
DEED
This DEED, dated this day of ____________, 2017, by and between the
COMMONWEALTH OF VIRGINIA, DEPARTMENT OF MILITARY AFFAIRS, Grantor, and
the COUNTY OF PITTSYLVANIA, VIRGINIA, a political subdivision of the Commonwealth of
Virginia, Grantee, whose address is 1 Center Street, Chatham, Virginia 24531.
WITNESSETH:
WHEREAS, Grantor owns certain real property, together with the improvements thereon
(collectively, the “Property”), located Southwest of the Town of Chatham in the County of
Pittsylvania, Virginia, which Property is held in the possession of the Virginia Department of
Military Affairs (“DMA”); and
WHEREAS, the Property comprises a portion of the facility known as the Chatham
Readiness Center, located on the West side of South Main Street (U.S. Highway No. 29) near the
intersection of Memorial Drive and South Main Street in said Pittsylvania County; and,
WHEREAS, Virginia Code § 2.2-1150(A)(1) provides that “[w]hen it is deemed to be in
the public interest…[p]roperty owned by the Commonwealth may be sold…to political
subdivisions…for such consideration as is deemed proper,” subject to specified approvals set
forth in Virginia Code § 2.2-1150(B); and
WHEREAS, as evidenced by the execution of this Deed, it is deemed to be in the public
interest to convey the Property to Grantee, because Grantee is using the Property for the public
interest and benefit, with the approval of the Governor, and in a form approved by the Attorney
General.
Regular Meeting
February 6, 2017
NOW, THEREFORE, FURTHER WITNESSETH:
That for and in consideration of the sum of One Dollar ($1.00), cash in hand paid, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
and pursuant to Virginia Code §§ 2.2-1150, Grantor does hereby QUITCLAIM unto the Grantee,
the Property, more fully described as follows to wit:
All of the following described real estate lying and being in the Town of Chatham,
Pittsylvania County, Virginia, on the West side of South Main Street (U.S. Highway
No. 29) and beginning at a point on the Western margin of said street and corner
with public driveway and with the public driveway and along dividing line of area
“C” as shown on map S 81 3/4° E 386 1/2 feet to a point on public drive designated
as area “A” on map and thence with said area “A” S 1 3/4° E 314 feet to a point
corner with area “B” and public driveway and continuing with the northern line of
area “B” S 84 ¾° E 327 feet to a point on the western margin of Main Street, thence
with the street and on a curve in a northern direction 406 feet to the beginning as
shown on a map made by J.S. Carter, C. E., February, 1940.
BEING a portion of the same property conveyed to the Commonwealth of Virginia,
Department of Military Affairs, by Deed from the Board of Supervisors Pittsylvania
County, Virginia, dated April 29, 1954, and recorded on April 5, 1955, in the Clerk’s
Office of the Circuit Court of Pittsylvania County, Virginia, in Deed Book 358, page
581.
The Property is conveyed in its “AS IS” condition, without warranty or representation as
to the acreage, boundary lines, condition, value, permitted use of the Property after the expiration
of the use restriction set forth in the paragraph below, or presence on the Property of any toxic or
hazardous substances or materials of any nature, including but not limited to petroleum, lead,
radon, asbestos, or asbestos-related materials.
This conveyance is made expressly subject to (i) any and all rights, privileges,
covenants, easements, conditions, restrictions, and agreements as are of record, insofar as they
may be lawfully applicable to the Property, (ii) any unrecorded utility easements, including any
relocated easements for utilities and any relocated utility lines and related facilities, on, under or
across the Property, and (iii) any and all prior grants, conveyances and/or reservations of the
coal, oil, gas, including coalbed methane gas, stone, sand, minerals, and/or other subsurface
rights or interests, as are of record, insofar as they may be lawfully applicable to the Property;
and, to the extent of any such prior grants, conveyances and/or reservations of coal, oil, gas,
including coal methane gas, stone, sand, minerals and/or other subsurface rights and interests
therein, the same are excluded from this conveyance.
In compliance with Virginia Code § 15.2 -1803, this Deed, and the conveyance of the
Property described above, have been accepted by Grantee, pursuant to a Resolution of the Board
Regular Meeting
February 6, 2017
of Supervisors of the County of Pittsylvania, Virginia (the “Board”), duly adopted at a meeting
of said Board held on the 6th day of February, 2017. A copy of said Resolution is attached to this
Deed as Exhibit “A”. Further, acceptance of this Deed and the conveyance of the Property
described above to Grantee, is evidenced, below, by the execution of this Deed on behalf of said
County by the Grantee’s undersigned duly authorized official.
This transaction has been approved by the Governor of Virginia, acting through the
Secretary of Administration, pursuant to Virginia Code §§ 2.2-1150(A)(1) and 2.2-1150(B) of, and
other applicable law, as evidenced by the following or attached approval, which is incorporated
herein by reference.
WITNESS the following signatures and seals
GRANTOR: COMMONWEALTH OF VIRGINIA,
DEPARTMENT OF MILITARY AFFAIRS
BY:_________________________________
Major General Timothy P. Williams,
Adjutant General of Virginia
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF ______________, to-wit:
The foregoing Deed was acknowledged before me this ______ day of __________, 2017,
by Major General Timothy P. Williams, acting in his capacity as Adjutant General of Virginia of
the Department of Military Affairs of the Commonwealth of Virginia, on behalf of the
Department and the Commonwealth of Virginia, in the jurisdiction aforesaid.
My Commission expires: _______________
Notary’s Registration No. ________________
_________________________________
Notary Public
GRANTEE: COUNTY OF PITTSYLVANIA, VIRGINIA,
a political subdivision the Commonwealth of Virginia
BY: ______________________________________
Robert W. Warren
Chairman; Pittsylvania County Board of Supervisors
COMMONWEALTH OF VIRGINIA
COUNTY OF PITTSYLVANIA, to-wit:
The foregoing Deed was acknowledged before me this ______ day of __________, 2017,
by Robert W. Warren, acting in his capacity as Chairman of the Board of Supervisors of
Pittsylvania County, Virginia, on behalf of the said County.
Regular Meeting
February 6, 2017
My Commission expires: _______________
Notary’s Registration No. _______________
_________________________________
Notary Public
APPROVED AS TO FORM
By: ________________________________________
J. Vaden Hunt, Esq.
Pittsylvania County Attorney
APPROVED AS TO FORM
By: ______________________________
Allison A. Kotula
Assistant Attorney General
RECOMMEND APPROVAL:
DEPARTMENT OF GENERAL SERVICES
By:
Christopher L. Beschler, Director
APPROVAL BY THE GOVERNOR:
Pursuant to Virginia Code § 2.2-1150, and as the official designee of the Governor of
Virginia, as authorized and designated by Executive Order No.88 (01), dated December 21,
2001, I hereby approve the conveyance of the property described in the attached or foregoing
Deed, and the execution of this instrument for, on behalf of, and in the stead of the Governor of
Virginia.
_______________
Secretary of Administration Date
Return recorded Deed to: ____________________________________
____________________________________
EXHIBIT “A”
Copy of Resolution of the Board of Supervisors of the County of Pittsylvania, Virginia,
duly adopted at a meeting of said Board held on the 6th day of February, 2016.
Adjournment
Motion was made by Mr. Barber, seconded by Mr. Hagerman, to adjourn, which was
unanimously approved by the Board. The meeting adjourned at 8:10pm.
__________________________________________
Robert W. “Bob” Warren, Chair
Pittsylvania County Board of Supervisors
__________________________________________
David M. Smitherman, Clerk
Pittsylvania County Board of Supervisors