08-15-2017 Business MeetingAugust 15, 2017
Business Meeting
Pittsylvania County Board of Supervisors
Business Meeting
August 15, 2017
VIRGINIA: The Business meeting of the Pittsylvania County Board of Supervisors was
held on Monday, August 15, 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 &
Administration, Mr. Matt Rowe, Director of Economic Development; Ms. Kim Van Der Hyde,
Director of Finance; Ms. Cheryl Boswell, CSA Coordinator; Ms. Lisette Jordan, Human
Resources Manager; and Ms. Rebecca Flippen, Deputy Clerk were also present.
Mr. Warren asked during the Moment of Silence, followed by 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.
Consent Agenda
Motion was made by Mr. Barber, seconded by Mr. Hagerman, to approve the Consent
Agenda, which was unanimously approved by the Board.
(a) Minutes: July 18, 2017
(b) Bill List – July 2017 (Online)
(c) Contract Amendment – West Safety Services, Inc.
(d) Approval of Community Center Policy & Agreement
(e) Permission for Use of Parking Lot – Chatham Rescue Squad
Hearing of the Citizens
No one signed up to speak.
Public Hearings
Rezoning Cases
Rezoning Cases:
Case 1: ASK & C, LTD – Banister Election District R-17-024
RC-1, Residential Combined Subdivision District to A-1, Agricultural District
Mr. Warren opened the public hearing at 7:04pm. Mr. Greg Sides explained that ASK &
C, LTD, had petitioned to rezone 0.30 acre, located on State Road 686/Zion Road in the Banister
Election District from RC-1, Residential Combined Subdivision District to A-1, Agricultural
District. Once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted
Board of Supervisors
Business Meeting
August 15, 2017
use. The Planning Commission, with no opposition, recommended granting the petitioner’s
request. Kenneth Plybon was there to represent the petition.
No one signed up to speak and Mr. Warren closed the hearing at 7:05pm. Motion was
made by Mr. Barksdale, seconded by Mr. Davis, to approve rezoning Case R -17-024 from RC-1
to A-1 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 to rezone Case R-17-024 from RC-1 to A-1 was unanimously approved
by the Board.
Case 2: John L. Roberson & Laura J. Roberson – Tunstall Election District R-17-02
RC-1, Residential Combined Subdivision District to R-1, Residential Suburban
Subdivision District
Mr. Warren opened the public hearing at 7:07pm. Mr. Greg Sides explained that John
and Laura Roberson had petitioned to rezone 0.09 acre, located on State Road 952/Blackbird
Place in the Tunstall Election District from RC-1, Residential Combined Subdivision District 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 petitioners’ request. John Roberson was there to represent the
petition.
No one signed up to speak and Mr. Warren closed the hearing at 7:09pm. Motion was
made by Mr. Barber, seconded by Mr. Hagerman, to approve rezoning Case R-17-025 from RC-
1 to R-1 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 to rezone Case R-17-025 from RC-1 to R-1 was unanimously approved by
the Board.
Case 3: Willie B. Guill, Jr., & Tricia P. Guill – Staunton River Election District R-17-026
R-1, Residential Suburban Subdivision District to B-2, Business District, General
Mr. Warren opened the public hearing at 7:10pm. Mr. Greg Sides explained that Willie
and Tricia Guill had petitioned to rezone 1.68 acres from R-1, Residential Suburban Subdivision
District to B-2, Business District, General. The parcel is located on State Road 641/Delta Drive
in the Staunton River Election District. 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. Willie Guill, Jr., and Dakota Dillard were there
to represent the petition.
No one signed up to speak and Mr. Warren closed the hearing at 7:11pm. Motion was
made by Mr. Blackstock, seconded by Mr. Barksdale, to approve rezoning Case R-17-026 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. Blackstock’s motion to rezone Case R-17-026 from R-1 to B-2 was unanimously approved
by the Board.
Case 4: Lucy Dillard – Dan River Election District R-17-027
R-1, Residential Suburban Subdivision District to A-1, Agricultural District
Mr. Warren opened the public hearing at 7:13pm. Mr. Greg Sides explained that Lucy
Dillard had petitioned to rezone a total of 24.00 acres, two (2) parcels of land from R -1,
Residential Suburban Subdivision District to A-1, Agricultural District. The parcels are located
on State Road 713/Oak Grove Road in the Dan River Election District. Once the properties are
rezoned to A-1, all uses listed under Section 35-178 are a permitted use. The Planning
Board of Supervisors
Business Meeting
August 15, 2017
Commission, with no opposition, recommended granting the petitioner’s request. Sheila
Davidson and Kimberly Wiles were there to represent the petition.
No one signed up to speak and Mr. Warren closed the hearing at 7:14pm. Motion was
made by Mr. Davis, seconded by Mr. Barksdale, to approve rezoning Case R-17-027 from R-1 to
A-1 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-17-027 from R-1 to A-1 was unanimously approved by the
Board.
This concluded the Rezoning Cases.
Public Hearings
Public Hearing to receive citizen input on a proposed amendment to Section 35-179;
Special Use Permits that would add the following: temporary uses –rodeos.
Mr. Sides explained the proposed amendment would include "rodeos" under Temporary
Uses (not more than four (4) weeks duration) under Section 35-179; Special Use Permits of the
Pittsylvania County Code.
Mr. Warren opened the public hearing at 7:16pm. No one signed up to speak and Mr.
Warren closed the hearing at 7:16pm. Motion was made by Mr. Davis, seconded by Mr. Barber,
to approve the proposed amendment to Section 35-179; Special Use Permit, to include rodeos,
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 was unanimously approved by the Board.
Public Hearing to receive citizen input on the disposal of the following two (2) parcels of
publicly owned property via public auction as follows: (1) Lot #1: 2.1 acres located on SR
792/Millstream Drive, Gretna, Virginia; GPIN #2530-38-8407, and (2) Lot #2: 3.04 acres
located on SR 792/Millstream Drive, Gretna, Virginia; GPIN #2530-48-0335.
Mr. Smitherman explained staff had received two (2) letters of interest in purchasing the
old Northside High School football field owned by the County, with parcel identification as
follows: GPIN #2530-38-8407 (2.1 acres with a $21,000.00 market value); and GPIN #2530-48-
0335 (3.04 acres a $30,400.00 market value). Combined, the property's market value is
$51,400.00. Mr. Smitherman stated the public hearing had been duly advertised, and once the
hearing was held, it was up to the Board to determine how it wished to dispose of the property.
As required by Virginia Code §15.2-1800(B), the Board must hold a public hearing for
citizen input before disposing of publicly owned property. Mr. Warren opened the public
hearing at 7:18pm.No one signed up to speak, and Mr. Warren closed the hearing at 7:18pm..
Motion was made by Mr. Blackstock, seconded by Mr. Barber, to approve disposing of the
property, and to have staff place the property as described in the public hearing on
GovDeals.com for auction, with a reserve of $51,000.00. 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, pursuant to Virginia Code §15.2-2507 to hear citizen input on proposed
amendments to the county budget for fiscal year 2018
Ms. Van Der Hyde explained the Code of Virginia states in Section 15.2-2507 that “Any
locality may amend its budget to adjust the aggregate amount to be appropriated during the
current fiscal year as shown in the currently adopted budget as prescribed by section 15.2 -2504.
Board of Supervisors
Business Meeting
August 15, 2017
However, any such amendment which exceeds one percent of the total expenditures shown in the
currently adopted budget must be accomplished by publishing a notice of a meeting and a public
hearing once in a newspaper having general circulation in that locality at least seven days prior to
the meeting date.” Ms. Van Der Hyde stated the amendment consists of an appropriate a total of
$3,511,614.26 to the FY 2018 budget, which includes a total of $860,374.88 for County budget
amendments and carryovers and a total of $2,651,239.38 for School carryovers. An
advertisement of this amendment appeared in the Star Tribune on August 2, 2017, which satisfies
the 7-day requirement.
Mr. Warren opened the public hearing at 7:19pm. No one signed up to speak and Mr.
Warren closed the hearing at 7:19pm. Motion was made by Mr. Blackstock, seconded by Mr.
Davis, to approve and appropriate a total of $3,511,614.26 to the FY 2018 budget, which
includes a total of $860,374.88 for County budget amendments and carryovers and a total of
$2,651,239.38 for School carryovers. 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.
The concluded the Public Hearings.
News Business
Ms. Van Der Hyde explained Pittsylvania County allows retirees to remain on the
County’s group health plan and retirees pay 100% of insurance premiums. Currently, the County
has 14 retirees insured. Pittsylvania County Schools requires that all Medicare eligible retirees be
removed from the plan. The County has always allowed all retirees, regardless of age, to remain
on the plan. We are seeing that new Pittsylvania County retirees are now seeking supplemental
coverages elsewhere due to high costs of group health insurance premiums. The C ounty is
providing resources, to include seminars to retirees in an effort to identify other supplemental
insurance options with Medicare that are less expensive than the group plan. Additionally, being
self-insured, Pittsylvania County should coordinate benefit eligibility with the Pittsylvania
County School Board as their retirees automatically roll-off the group health plan once Medicare
eligible. The roll-off will mirror Pittsylvania County School Board’s policy for Medicare eligible
retirees. Current Pittsylvania County retirees over age 65 will be grandfathered in.
Motion was made by Mr. Blackstock, seconded by Mr. Barksdale, to approve the request
to grandfather in current retirees over age 65 under the county group health insurance plan and
approve the request that effective October 1, 2017 all current retirees under age 65 enrolled in
the group health plan will be removed when they become Medicare eligible. 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. Jordan explained Pittsylvania County added a high deductible health plan in FY 2017
as a cost-effective health insurance option for employees. The Board of Supervisors graciously
voted to contribute a one-time only contribution of $500.00 to employees who opted to migrate
to this plan. Staff would like to continue to offer this $500.00 incentive for the coming plan year
for new participants along with existing HSA members. The County currently has a total of 15
employees on the plan. The cost to contribute to these employees would be $7,500.00 total.
Staff hopes that more County employees are enticed to join this plan. By going to this plan,
employees save the County anywhere from $255.72 to $435.00 annually, just in premium
dollars. It is important to incentivize employee to migrate to the high deductible plan because the
employee is more responsible in making health care related decisions resulting in less claims for
Board of Supervisors
Business Meeting
August 15, 2017
the County. Lees claims for the County translates to lower premium increases. Therefore, the
more employees on the HSA plan, the better our premiums will be in the future. These funds are
already budgeted in the FY 2018 budget.
Motion was made by Mr. Barksdale, seconded by Mr. Davis, approving continuing the
contribution of $500 to existing HSA members as well as employees choosing the high
deductible health plan that becomes effective October 1, 2017, which would also include new
employees who elect this coverage upon employment. 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.
Ms. Boswell explained she had been asked by the Pittsylvania County Community Policy
and Management Team (CPMT) to propose that the attendance policy be amended to read
“CPMT members or alternates shall attend 75% of regularly scheduled meeting unless mitigating
circumstances are approved by the Pittsylvania County Board of Supervisors. Alternates shall
not attend more than 25% of regularly scheduled meetings.” Motion was made by Mr. Scearce,
seconded by Mr. Barber, which was unanimously approved by the Board.
Ms. Van Der Hyde explained each year departmental/fund budgets are reviewed to
determine if sufficient budget amounts exist to cover expenses until year-end. Most of these
items are bookkeeping entries required by the County’s auditors. After carefully reviewing the
financial status of County Departments for fiscal year 2016-2017, several items need to be
transferred and/or appropriated to either eliminate bottom line deficits in these departments. The
departments affected are: Library, Reassessment, Electoral Board, Veterinary Fund and State
Restricted Seizure Fund.
Motion was made by Mr. Barber, seconded by Mr. Hagerman, to appropriate a total of
$342,103.21 and approve transfers of $98,895.81, noting these will be adjusted in the FY2017
budget. 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 in 2011, in an effort to expand manufacturing operations in the
County, the County’s Industrial Development Authority (IDA) committed to making
improvements of a shell building located within the Ringgold East Industrial Park at 2275 Cane
Creek Parkway. These improvements were financed through a third-party lender (BB&T), and
which was ultimately leased to Axxor, N.A., L.L.C. The Board of Supervisors at that time, in
expression of its support for the project, entered into and approved a Moral Obligation
Agreement with the lender for the project. The 2011 loan financing is set to expire at the end of
September 2017, and in an effort to continue assisting the Company, the IDA has received a
refinancing commitment of up to $1.6M from American National. The term is for a 3 -year
period (36 months) and the commercial rate is competitive (staff called and received rates from 4
different lenders). The IDA through consensus unanimously requested that County Staff present
the Moral Obligation Agreement to the Board for their consideration and approval.
In 2011, the IDA/Board made and financed the necessary up-fits to its shell building to
attract Axxor, N.A., L.L.C. (a manufacturer of honeycomb products) to the County. The
financed improvement(s) payments were transferred to the Company in a balloon payment
schedule. Axxor, N.A., L.L.C. has never missed its monthly payment and has had to adjust its
business plans from being heavily reliant on furniture manufacturing to automobile applications.
The Company is now revenue positive and is considering a second manufacturing line. The
company just recently celebrated its 5th year of conducting business in the County.
Board of Supervisors
Business Meeting
August 15, 2017
The existing finance runs out the end of September 2017, and the remaining outstanding
loan amount (of roughly $2.5M) is down to $1.6M. Requiring the Company to pay this balloon
payment at this time would be detrimental to the Company and its operations in the County
(along with its 19 employees); however, with its newer automotive related contracts, County
Staff expects the Company to pay-off the refinancing (if approved by the Board) before the end
of the 3-year term. As part of the refinancing process, the Board is required to enter into a Moral
Obligation Agreement with the new lender (American National Bank) to guarantee the payment
of the financing. A Moral Obligation from the Board essentially means that should the Company
default on its payments, that the Board would be obligated to pay the lender the outstanding loan
amount (either through its general fund balance or through the raising of taxes for the sole
purpose of paying the outstanding loan). The County has secured collateral in the existing
building that houses the Company. The assessed value of the building is over $3M.
The Moral Obligation Agreement has been reviewed and approved to form by the
County’s Attorney, and Staff respectfully requests that the Board consider approving and
entering into a Moral Obligation Agreement with American National Bank to continue its
assistance of Axxor, N.A., L.L.C. as it celebrates its 5th year of operations in Pittsylvania County
Motion was made by Mr. Blackstock, seconded by Mr. Davis, to approve and enter into a
Moral Obligation Agreement with American National Bank to continue its assistance of Axxor,
N.A., L.L.C. 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.
MORAL OBLIGATION AGREEMENT OF PITTSYLVANIA COUNTY, VIRGINIA
THIS MORAL OBLIGATION AGREEMENT, made as of the day of __________, 2017, by
and between PITTSYLVANIA COUNTY, VIRGINIA, a political subdivision of the
Commonwealth of Virginia (the " County"), and AMERICAN NATIONAL BANK AND
TRUST COMPANY, a national banking association (" American National"), to-wit:
BACKGROUND
A. The Industrial Development Authority of Pittsylvania County, Virginia (the Authority"), was
created under the Industrial Development and Revenue Bond Act (§ 15. 2- 4900 et se .) of the
Code of Virginia to promote development, industry and trade.
B. In an effort to expand manufacturing operations in the County, thereby promoting industrial
development and the economy of the County, in 2011 the Authority committed to making
improvements to a shell building located within Ringgold East Industrial Park at 2275 Cane
Creek Parkway, which improvements were financed through a third-party lender, and which was
ultimately leased to Axxor, N.A., LLC (the " Project"). The governing body of the County, in
expression of its support of the Project and expansion of manufacturing in the County, entered
into a Moral Obligation Agreement with the lender which provided financing for the Project.
C. The existing 2011 loan associated with the Project is set to mature and the Authority has an
opportunity to refinance that loan with American National. The Authority has obtained a
commitment from American National to finance up to One Million Six Hundred Thousand and
00/ 100 Dollars 1, 600,000.00) plus closing costs (collectively, the " Loan"), and, as part of that
financing commitment, American National requires the moral obligation of the County to repay
the Loan in the event that the Authority fails to do so.
Board of Supervisors
Business Meeting
August 15, 2017
NOW, THEREFORE, for and in consideration of the foregoing promises and the mutual
benefit to be derived therefrom and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. In the event the Authority fails to repay the indebtedness associated with the Loan, in the
principal amount not to exceed One Million Six Hundred Thousand and 00/ 100 Dollars ($ 1 ,
600,000.00), plus closing costs, provided by American National, in accordance with the terms of
its repayment stated therein, or the Authority is otherwise in default under the Loan, the County
hereby acknowledges that, to the extent permitted by law, it has a moral obligation to pay
American National such Loan amounts otherwise due from and payable by the Authority. In the
event of nonpayment by the Authority, American National, by its duly authorized representative,
shall submit an appropriation request to the County in the amount sufficient to make current
payments on the Loan then due American National by the Authority and other amounts, if any, in
order to protect and maintain the Authority' s ownership interest in the Project (collectively, the "
Deficiency Amount"). Subject to the making of an appropriation pursuant to the provisions of
this Paragraph 1, the County shall pay American National the amount of such appropriation as
soon as practicable.
2. American National shall apply any funds so appropriated and paid to it by the County pursuant
to this Agreement toward the Authority' s obligations under the Loan provided to it by American
National.
3. Until such time that there is no longer a Deficiency Amount, the Administrator of the County
(the " County Administrator") shall include any Deficiency Amount due American National with
respect to the Loan in his budget submitted to the Board of Supervisors for the following fiscal
year as an amount to be appropriated to or in respect of the Project. The County Administrator
shall deliver to American National, within fifteen (15) days after the adoption of the County' s
budget for each fiscal year in which a Deficiency Amount was requested as provided herein, but
not later than July 15 of each year, a letter, on letterhead of the County Administrator' s Office,
stating whether the Board of Supervisors has appropriated for payment to American National an
amount equal to the Deficiency Amount.
4. If at any time American National believes there is a Deficiency Amount or that amounts
appropriated by Board of Supervisors are insufficient to fulfill the Authority' s Loan obligations,
American National shall notify the County Administrator of the Deficiency Amount or such
insufficiency and the County Administrator shall request a supplemental appropriation from the
Board of Supervisors in the amount necessary to make such payment.
5. The County Administrator shall present each request for appropriation pursuant to Paragraph 4
above to the Board of Supervisors and the Board of Supervisors shall consider such request at the
Board of Supervisor' s next regularly scheduled meeting at which it is possible to satisfy any
applicable notification and all other legal requirements. Not later than five (5) business days after
such meeting, the County Administrator shall notify American National as to whether the
amount so requested was appropriated. If the Board of Supervisors shall fail to make any such
appropriation, the County Administrator shall add the amount of such requested appropriation to
the amount to be requested in the next fiscal year.
6. The Board of Supervisors hereby undertakes a non-binding obligation to appropriate such
amounts as may be requested from time to time pursuant to Paragraphs 3, 4 and 5 abo ve, to the
fullest degree and in such manner as is consistent with the Constitution and laws of the
Board of Supervisors
Business Meeting
August 15, 2017
Commonwealth of Virginia. The Board of Supervisors, while recognizing that it is not
empowered to make any binding commitment to make such appropriations in future fiscal years,
hereby states its intent to make such appropriations, as may be necessary, consistent with this
Agreement.
7. Nothing herein contained is or shall be deemed to be a lending of the credit of the County to
American National, the Authority, the Project or to any other person or entity (unless specifically
set forth otherwise), and nothing herein contained is or shall be deemed to be a pledge of the
faith and credit or the taxing power of the County, nor shall anything herein contained l egally
bind or obligate the Board of Supervisors to appropriate funds for the purposes described herein.
8. Any notices or requests required to be given hereunder shall be deemed given if hand -
delivered or sent by registered or certified mail, postage prepaid, addressed as follows:
If to the County: Pittsylvania County, Virginia 1 Center Street P. O. Box 426 Chatham,
VA 24531 Attention: County Administrator
With a copy to: The County Attorney 1 Center Street P.O. Box 426 Chatham, VA 24531
If to American National: American National Bank and Trust Company 628 Main Street
P. O. Box 191 Danville, VA 24543 Attention: President
9. If any clause, provision, or paragraph of this Agreement shall be held illegal or invalid by a
court, the illegality or invalidity of such clause, provision, or paragraph shall not affect any of the
remaining clauses, provisions, or paragraphs hereof, and this Agreement shall be construed and
enforced as if such illegal or invalid clause, provision, or paragraph had not been co ntained
herein. In case any question should arise as to whether any provision contained herein shall be in
violation of law, then such provision shall be construed to be the agreement of the parties hereto
to the full extent permitted by law.
10. This Moral Obligation Agreement supersedes all prior understandings and agreements of the
parties with respect to the subject matter hereof and contains the entire agreement and
understanding of the parties in connection with the transactions contemplated hereby. IN
WITNESS WHEREOF, Pittsylvania County, Virginia has caused its name to be subscribed
hereunto by its of the Board of Supervisors, as authorized and directed by the Board of
Supervisors, and American National has caused its name to be subscribed hereunto by Ted R.
Laws, its duly authorized representative, all as of the date first written above.
PITTSYLVANIA COUNTY, VIRGINIA By: _ Name: Title:
AMERICAN NATIONAL BANK AND TRUST COMPANY By: Name: Ted R. Laws Title:
Danville Region Market President
APPROVED AS TO FORM: J. VADEN HUNT, ESQ. ATTORNEY, PITTSVLVANIA
COUNTY
Mr. Smitherman explained the County has received a request from the Northside High
School Museum to obtain property owned by the County; GPIN #2530-38-6169. On this
property is the Northside High School Monument Marker, on which a previous Board of
Supervisors had allowed the Northside High School Alumni to erect on the property. The
property in question is a 0.064 acre plot the Board of Supervisors specifically sectioned off for
Board of Supervisors
Business Meeting
August 15, 2017
the purpose of allowing the Alumni to erect the monument (noted in motion, second, and
unanimous approval of the 2005 Board of Supervisors at their 12-20-2005 Adjourned Meeting)
when the County sold GPIN #2530-39-4367 to Riverside Plumbing in 2005. The Alumni
unveiled the completed marker September 1, 2006.
As required by Virginia Code § 15.2-1800(B), the County must advertise and hold a
public hearing to dispose of any publicly owned property. Motion was made by Mr. Barksdale,
seconded by Mr. Barber, to direct staff to duly advertise a public hearing for the disposal of the
property identified as GPIN #2530-38-6169, which was unanimously approved by the Board.
Mr. Smitherman explained The New Prospect Baptist Church has submitted two (2)
Applications for Real Estate Exemption by Designation to the Commissioner of the Revenue’s
Office for consideration by the Board. The first application is for GPIN #2555-07-2398 on
which sits a house currently located on the parcel that is used for a clothes closet and for youth
activities, as well as for parking of the church bus and church car. Assessed value of this parcel
is $56,100, with a $390.99 tax levy. The second application is for GPIN #2555-07-2288 on
which sits a house currently being occupied by an elderly couple rent free. In a letter from the
Commissioner of Revenue’s Office, it was noted that if any of the property used does not fit the
“exclusive use” of the church, their office can assess part of the property while applying the
exemption to the qualified portion. Assessed value of this parcel is $47,000, with a $277.30 tax
levy. As per Pittsylvania County Code §6.6-3, a public hearing is required before action of any
kind can be taken regarding the applications.
Mr. Blackstock stated that as a member of The New Prospect Baptist Church, he would
be abstaining from participating in any discussion/action of this matter now and in the future.
Motion was made by Mr. Barber, seconded by Mr. Hagerman, directing staff to advertise
the required public hearing, which was approved by a 6 vote majority, with Mr. Blackstock
abstaining.
The Fire & Rescue Policies &Procedures Committee met at 3:30pm on Tuesday, August
15, 2017. Two items were discussed at their meeting: (1) Regional One Contract Extension; and
(2) Fire & Rescue Study Implementation.
Item 1: The Committee explained Regional One was contracted 10 years ago to provide
back-up response service to the County’s Volunteer Rescue Departments. They currently
provide two ambulances for $98,000 annually. The contract expires September 1, 2017. The
agreement is designed to have ambulances stationed to respond when volunteers are unavailable;
however, since May 2017, at the County’s request, Regional One has staged an ambulance in
Hurt to be primary response in the area formerly served by Altavista Rescue Squad. This change
has greatly strained back-up availability in the remainder of the county. With this decreased
availability, volunteer agencies have suffered in meeting demands for EMS response.
The Fire & Rescue Association recommended the addition of a third Regional One
ambulance to address this deficiency. Regional One has provided two options.
Option 1: Extend existing contract for two (2) ambulances at $32,666.66 plus an
additional $62,000.00 to provide a 3rd ambulance from September 1 until December 31, 2017;
Option 2: Provide an additional year contract from September 1, 2017 to August 31, 2018
for $350,000.00. Option 2 would provide the three (3) ambulances as requested by the Fire &
Rescue Association and a QRV (Quick Response Vehicle) housed in the Chatham area with an
Advanced Life-Support person to respond direct to the scene. Funding for this expanded service
is available from Fire and Rescue budget roll-over funds ($116,425.18).
Motion came from the Finance Committee to choose Option 2: to extend the contract
with Regional One for 12 months at $350,000 and authorize the County Administrator to sign the
amendment. The following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes;
Board of Supervisors
Business Meeting
August 15, 2017
Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes.
The Fire & Rescue Policies & Procedures Committee motion was unanimously approved by the
Board.
Item 2: The appointed Fire and Rescue Study Sub-Committee has provided its final
recommendations to the Fire & Rescue Policies & Procedures Committee with the following 5
major goals
1. Improve organization and operation of Fire & EMS services
2. Improve interdepartmental communications
3. Coordinate training
4. Improve administration and purchasing
5. Standardize service delivery and staffing
One of the top priorities of goal number one was to hire a Public Safety Director, or other similar
position, to be charged with overseeing the County’s Fire/EMS and Fire Marshall’s office. The
Public Safety Coordinator will also coordinate programing and services with volunteer Fire &
Rescue services. Staff has reviewed these requests and agrees that the top priority is having a
dedicated staff member to recommend, coordinate and lead the transformation of the County’s
Fire and Rescue Services. With the assistance of Emergency Mgt. Director Jim Davis, HR
Director Liz Jordan has developed a job description for the suggested position. It was staff’s
recommendation that the attached be adopted and added to the County’s pay system at Grade
23. Funding for said position is available from anticipated unused Fire and Rescue budget
appropriation.
Motion came from the Finance Committee to create the position of Public Safety
Coordinator and authorize use of the existing and unobligated capital funds in the Fire & Rescue
FY17/18 Budget. 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. The Fire & Rescue Policies & Procedures Committee motion was unanimously
approved by the Board.
Board Announcements
Mr. Blackstock asked everyone to keep the family of retired State Trooper Charlie Gunter
in their thoughts and prayers, who recently passed.
Mr. Sceare wanted to publicly thank members of the Mt. Cross and Tunstall Volunteer
Fire & Rescue Departments for the excellent response and care given during his daughter’s
recent automobile accident.
Mr. Hagerman invited to the Climax Sorghum Festival on Saturday, September 16, 2017.
Mr. Warren congratulated Dr. Betty Jo Foster on her hiring as the Interim Director for the
Danville-Pittsylvania Chamber of Commerce.
Mr. Warren also congratulated the Pittsylvania County Schools on full accreditation in all
18 schools within its system; and further congratulated Chatham Elementary and Union Hall
Elementary Schools in receiving the 2017 Board of Education Excellence Award.
Mr. Warren also congratulated Robert Mills, Jr. for selection as the Virginia winner of
the 2017 Swisher Sweets/Sunbelt Expo Southeastern Farmer of the Year Award.
The Board thanked the Fire and Rescue Study Sub-Committee for their work.
Lastly, the Board asked everyone to send their prayers to Charlottesville after the tragedy
during the recent protests there.
Adjournment
Mr. Warren adjourned the meeting at 7:54pm.