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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