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06-05-2017 Special MeetingJune 5, 2017 Special Meeting Pittsylvania County Board of Supervisors Business Meeting June 5, 2017 VIRGINIA: The Special Meeting of the Pittsylvania County Board of Supervisors was held on Monday, June 5, 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; and Ms. Rebecca Flippen, Deputy Clerk were also present. Approval of Agenda Motion was made by Mr. Blackstock, seconded by Mr. Hagerman, to approve the agenda as presented, which was unanimously approved by the Board. Public Hearings A proposed amendment to Chapter 6-6.3, Property Exempt by Classification or Designation, of the Pittsylvania County Code. In furtherance of the County’s Rural Internet Project, said proposed amendment would establish tax exempt status for any and all of Mid-Atlantic Broadband’ s utility and real property assets located in the County. Mr. Warren opened the public hearing at 7:05pm. Mr. Hunt explained that Mid Atlantic Broadband has submitted an application for tax exemption on property known as GPIN# 2520- 84-5984, consisting of miscellaneous equipment and cable at various locations with an assessed value of $74,980 and with a levy value of $59,060.75. Mr. Hunt stated that Mid Atlantic Broadband stated in their application the non-profit mission and purpose was to improve community and economic development in Pittsylvania County through their network infrastructure; and such activities warranted consideration to be granted tax exempt in Pittsylvania County. Mr. Warren opened the public hearing at 7:05pm. Mr. Tad Deriso, President & CEO of Mid Atlantic Broadband Communities (MBC) Corporation, and Ted Hodges, Vice-Chairman of its Board of Directors, were present to represent the application. Mr. Deriso and Mr. Hodges asked the Board to consider the following (submitted in a written letter accompanying their application) when determining whether or not to grant their request for tax exemption: 1) The County would not provide the services and financial support provided by MBC if the requesting party did not do so. 2) MBC meets a general public need for which the benefits derived by the community at large are equal to, or exceed the County’s loss in revenue from taxes on MBC’s property. MBC provides the open-access fiber optic communications infrastructure that enables high speed broadband access for 9 Pittsylvania County schools, 3 libraries, and the County’s Transportation Department, in addition to the White Oak Mountain communications tower. 3) MBC is exempt from taxation pursuant to §501(c) of the Internal Revenue Code of 1954 [501] (c) 4 tax ID 27-0076588]. 4) MBC provides services for the common good of the public. MBC’s mission is promoting economic development, lessening the burdens of government, and revitalizing economicall y distressed rural areas by constructing and operating a publicly funded fiber optic network for the benefit of the communities and citizens of southern Virginia (including Pittsylvania County). Additionally, the corporation is bridging the digital divide in rural areas where commercial providers have not found it economically feasible to invest. The White Oak Mountain communications tower is an excellent example of what MBC does to help to provide services for the common good of the public. Board of Supervisors Business Meeting August 15, 2017 5) Construction of MBC’s fiber optic network infrastructure in Pittsylvania County has been in large part supported by capital grants from the Virginia Tobacco Region Revitalization Commission and the US Department of Commerce National Telecommunications and Information Administration, Broadband Technologies Opportunity Program. As a non - profit organization, no individual person benefits from the net earnings of the organization as 100% of those earnings are reinvested in the network and community reinvestments. In fact, since 2012, MBC has donated over $68,000 from our net earnings directly to Pittsylvania County beneficiaries, including Pittsylvania County high school First Robotic Competition teams, community college scholarships, and the Pittsylvania County Community Action Agency. The only person signed up to speak was James Dehart of the Westover District. Mr. Dehart state he was all for the broadband and thought it was a great thing for the County. But, the tax exempt amount gives MBC another $59,060.75 in profit to distribute out to whomever they choose, instead of giving the broadband customers breaks on their internet bill. No one else signed up to speak and Mr. Warren closed the hearing at 7:07pm. Motion was made by Mr. Barber, seconded by Mr. Blackstock, to approve MBC’s application for tax exemption on property known as GPIN# 2520-84-5984, consisting of miscellaneous equipment and cable at various locations with an assessed value of $74,980 and with a levy value exemption of $59,060.75. 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. Potential leasing of publicly owned property located at 11880 U.S. Highway 29, Chatham, Virginia 24531, for the provision of services to operate the public animal shelter in accordance with §3.2-6546 of the Code of Virginia, 1950, as amended. Mr. Smitherman introduced Makena Yarbrough, Director for the Lynchburg Humane Society, Inc. (LHS). Ms. Makena gave a presentation on the timeline of the current Lynchburg facility, and how they would like to incorporate the same for the soon -to-be completed Pittsylvania County Animal Shelter. Mr. Warren opened the public hearing at 7:44pm. James Dehart of the Westover District asked how much effort was taken in to seeking someone to run the shelter since LHS has been the only consideration mentioned. The following person voiced full support of leasing the shelter to LHS: Jordan Kee, Chatham/Blairs District; Jody Thompkins, Chatham/Blairs District; Terry Babbot, Bedford resident (who volunteers at LHS); Cathryn and Steve East; Pittsylvania County SPCA; Jennifer Foley, Tunstall District; Phyllis Roach, Staunton River District; Bill Fox, Chatham/Blairs District; Cathy Spegiel, volunteer at LHS; and Charles Hawkins, Chatham/Blairs District. No one else signed up to speak and Mr. Warren closed the hearing at 8:03pm. Motion was made by Mr. Blackstock, seconded by Mr. Davis, to approve leasing the publicly owned property located at 11880 U.S. Highway 29, Chatham, Virginia 24531, to Lynchburg Humane Society, Inc., for the provision of services to operate the public animal shelter, 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. Adjournment Mr. Warren adjourned the meeting at 8:05pm. __________________________________________ Robert W. “Bob” Warren, Chair Pittsylvania County Board of Supervisors __________________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors