11-28-2017 Business Meeting
November 28, 2017
Business Meeting
Pittsylvania County Board of Supervisors
Business Meeting
November 28, 2017
VIRGINIA: The Business meeting of the Pittsylvania County Board of Supervisors was
held on Monday, November 28, 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 7:03 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. Richard Hicks, Assistant County Administrator for Operations, Ms. Kim
Van Der Hyde, Director of Finance, Jim Davis, Director of Public Safety, and Ms. Rebecca
Flippen, Deputy Clerk were also present.
Mr. Warren asked during the Moment of Silence, followed by the Pledge of Allegiance.
Items to be Added
Motion was made by Mr. Scearce, seconded by Mr. Davis, to add the following item to
the agenda:
Contract Amendment #6 for Harris Radio, Corporation.
Mr. Scearce's motion was unanimously approved by the following Roll Call Vote: Mr. Barber-
Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Barksdale-
Yes; and Mr. Warren-Yes.
Approval of Agenda
Motion was made by Mr. Barber, seconded by Mr. Davis, to approve the agenda with the
additional items, 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.
Hearing of the Citizens
James Owens of the Callands-Gretna District questioned why the County did not follow
the method of green box removal after building additional compactor sites like they did at the
Mt. Hermon, Cherrystone, and 41 sites in the County. Mr. Owens does not believe all the sites
of removal in the Callands-Gretna District are withing 5 driving miles of compactor sites. Some
people, said Mr. Owen, are driving up to 8 miles one-way to dispose of trash. Mr. Owens said 8
green boxes, 2 were left. So people are overloading the green box sites and it’s the citizens of
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November 28, 2017
the area cleaning up those sites, not the county employees. Mr. Owens feels the people treated in
the Callands-Gretna area have not been treated the same as the people in the Mt. Hermon area.
Mary Catherine Plaster of the Chatham-Blairs District, and representing the Pittsylvania
County Historical Society, thanked the Board of Supervisors for their commitment to preserving
the County’s history and their participation during the year in celebrating the County’s 250 th
anniversary, and presented one of the Historical Society’s special Christmas ornaments to each
Board member and the County Administrator.
Hubert Hudson of the Tunstall District expressed his concerns on the need for all the new
positions in the County; reimbursements in County Administration, and accountability o f the
Board of Supervisors.
Barbara Hancock of the Callands-Gretna District thanked everyone who gave support
during the recent election campaign as she sought the seat as the Callands-Gretna District
representative on the Board of Supervisors. Ms. Hancock stated she had filed for a re-count.
She thanked the Board for everything they do.
Amy Boles, Tourism Coordinator for the Danville-Pittsylvania County Chamber of
Commerce, distributed Tshirts to the Board and gave a tourism update that include information
on the Chamber’s launching of the tourism website, Experience Danville Pittsylvania County
(http://www.experiencedpc.com/) and the new LOVE sign that would be moved from location to
location throughout the County and City of Danville.
No one else signed up to speak.
Consent Agenda
Motion was made by Mr. Barksdale, seconded by Mr. Davis., to approve the Consent
Agenda, 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.
(a) Minutes (October 17, 2017, Work Session/Business Meetings; September
6, 2017 BOS & IDA Joint Meeting)
(b) Bill List (October 2017; Online)
(c) Ratification of Letter of Support: INFRA Application for Danville Rail
Infrastructure & Chesapeake Port Improvements
(d) Road Name Request: Non Canis Lane
Public Hearings
Rezoning Public Hearings:
Case 1: TRC Acquistions & Holdings, LLC; Westover Election District: R-17-039
RC-1, Residential Combined Subdivision District to B-2, Business District,
Limited
TRC Acquistions & Holdings, LLC submitted a request to withdraw their rezoning
application without penalty in order to further consult with the Virginia Department of
Transportation (VDOT). Motion was made by Mr. Scearce, seconded by Mr. Davis, to approve
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November 28, 2017
accepting TRC Acquisitions & Holding, LLC request to withdraw Case R-17-039 without
penalty, 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. Scearce’s motion was unanimously approved by the Board.
Case 2: William H. Rogers, Jr. & Others; Banister Election District; R-17-040
R-1, Residential Suburban Subdivision District to B-2, Business District, General
Mr. Warren opened the public hearing at 7:29pm. Mr. Sides explained William H.
Rogers, Jr., and Others had petitioned to rezone 1.20 acres, located on U.S. Highway 29 North in
the Banister Election District from R-1, Residential Suburban Subdivision District to B-2,
Business District, General (for future commercial development). 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. William Rogers was there to
represent the petition. No one signed up to speak and Mr. Warren closed the hearing at 7:31pm.
Motion was made by Mr. Barksdale, seconded by Mr. Davis, to approve rezoning Case R-17-040
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 was unanimously approved by the Board.
Case 3: William H. Rogers, Jr. & Judith R. Rogers; Banister Election District; R-17-041;
R-17-041
A-1, Agricultural District & RC-1, Residential Combined Subdivision District to M-2,
Industrial District, Heavy Industry
Mr. Warren opened the hearing at 7:32pm. Mr. Sides explained that William H. Rogers,
Jr., and Judith Rogers had petitioned to rezone a total of 88.41 acres, three (3) parcels of land,
located off U.S. Highway 29 North in the Banister Election District from A-1, Agricultural
District and RC-1, Residential Combined Subdivision District to M-2, Industrial District, Heavy
Industry (for future industrial development). Once the properties are rezoned to M-2, all uses
listed under Section 35-402 are a permitted use. The Planning Commission, with opposition,
recommended granting the petitioners’ requestMr. William Rogers was there to represent the
petition. The first person signed up to speak was Jim Scearce, who has hunting rights on the
adjacent property (owned by Gene Owen). Mr. Scearce was concerned about potential
environmental contamination that might occur in the future once the property was zoned M-2,
and developed as such. Mr. Scearce stated there was a creek that runs parallel between the 2
properties and he didn’t want to see it contaminated, and wondered if there could be restrictions
put on the rezoning that would protect that area. Next to speak was Gene Owens, adjacent
property owner, who stated he didn’t want anything put on the property Mr. Rogers wanted to
rezone that could damage his adjoining property. No one else had signed up to speak. Mr.
Rogers stated that he still lived in the back of that property and would not put anything there that
would be harmful not only to himself and his family, but neither to his neighbors. No one else
spoke and Mr. Warren closed the hearing at 7:43pm. Motion was made by Mr. Barksdale,
seconded by Mr. Davis, to approve rezoning Case R-17-041 from A-1 and RC-1 to M-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 was unanimously approved by the Board.
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November 28, 2017
Case 4: Nelson Brack Hines & Deborah R. Hines; Tunstall Election District; R-17-042
R-1, Residential Suburban Subdivision District to A-1, Agricultural District
Mr. Warren opened the hearing at 7:47pm. Mr. Sides explained Nelson and Deborah
Hines had petitioned to rezone 1.84 acres, located off State Road 950/Tarpley Place in the
Tunstall Election District from R-1, Residential Suburban Subdivision District to A-1,
Agricultural District (to combine with the family farm and subdivide for family members). Once
the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. The
Planning Commission, with no opposition, recommended granting the petitioners’ request.
Nelson Hines was there to represent the petition. No one signed up to speak and Mr. Warren
closed the hearing at 7:48pm. Motion was made by Mr. Barber, seconded by Mr. Blackstock, to
approve rezoning Case R-17-042, 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.
Case 5: Casey A. Wolfe & Kimberly Cox Wolfe; Staunton River Election District;R-17-043
R-1, Residential Suburban Subdivision District to A-1, Agricultural District
Mr. Warren opened the public hearing at 7:49pm. Mr. Sides explained Casey Wolfe and
Kimberly Cox (Wolfe) hadpetitioned to rezone 5.54 acres, located off State Road 757/Orange
Road (on Reservoir View Drive) in the Staunton River Election District from R -1, Residential
Suburban Subdivision District to A-1, Agricultural District (to allow for construction of an
accessory building to be used for storage and land maintenance). Once the property is rezoned
to A-1, all uses listed under Section 35-178 are a permitted use. The Planning Commission, with
no opposition, recommended granting the petitioners’ request. Casey Wolfe was there to
represent the petition. No one signed up to speak and Mr. Warren closed the hearing at 7:50pm.
Motion was made by Mr. Blackstock, seconded by Mr. Barber, to approve rezoning Case R -17-
043 from A-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. Blackstock’s motion was unanimously approved by the Board.
This concluded the Rezoning Cases.
Public Hearings:
Public Hearing to receive citizen input on potentially revising Pittsylvania County Code
(“PCC”), Chapter 9, Motor Vehicles and Traffic, to add Article VIII., Video-Monitoring
System, Sections 9-201 - 903.
Mr. Hunt explained the Pittsylvania County Schools System (“PCS”) had formally
requested that the Pittsylvania County Board of Supervisors (“BOS”) adopt a local ordinance,
pursuant to authority in Virginia Code § 46.2-844(B), authorizing PCS to install and operate a
video-monitoring system in and on school buses operated by PCS for the purposes of recording
violations for prosecutorial purposes of individuals that fail to stop for school buses taking on or
letting off passengers in violation of Virginia Code § 46.2-844(A). Mr. Warren opened the public
hearing at 7:53pm. No one signed up to speak and Mr. Warren closed the hearing at 7:54pm.
Motion was made by Mr. Blackstock, seconded by Mr. Davis, to approve amending Chapter 36;
Fee Assessment, of the Pittsylvania County Code as presented 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.
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Public Hearing to receive citizen input on a proposed on its plans to undertake
equipmentfinancing to expand and improve the County’s emergency communications
system. Such expansion and improvements will benefit the residents of the County and will
be used by employees of the County and the Tunstall Volunteer Fire and Rescue, Inc. (th e
“Department”).The County plans to undertake a lease/purchase equipment financing in an
estimated maximum amount of $2,000,000 to pay (a) the costs of new cell towers to be
located within the geographic boundaries of the County on a parcel owned by the
Department with a street address of 740 Tunstall High Road, Dry Fork, Virginia 24549,
and a parcel owned by the County with a street address of 980 Old Mayfield Road,
Danville, Virginia 24541, (b) the costs of related equipment and (c) the costs and expenses
related to undertaking the lease financing.The Department is a not-for-profit, nonstock
Virginia corporation that operates a fire and rescue station located at 740 Tunstall High
Road, Dry Fork, Virginia 24549. Its mailing address is P.O. Box 575, Danville, Virginia
24543. The financing will not constitute a debt or pledge of the faith and credit of the
Commonwealth of Virginia or any political subdivision thereof, including the County.
Neither the Commonwealth of Virginia nor any political subdivision thereof, including the
County, shall be obligated to repay the principal or interest components due under the
lease/purchase financing arrangement, except from the monies appropriated by the Board
Ms. Van Der Hyde explained at the request of Chris Kulp of Hunton & Williams, bond
counsel for Pittsylvania County, the County is holding a public hearing tonight to hear citizen
input concerning the placement of a E911 tower on the Tunstall Fire & Rescue property. This
public hearing is necessary because Tunstall Fire & Rescue is a 501(c)(3) organization. As such,
the Internal Revenue Service requires a public hearing since the County will be using 501(c)(3)
property for the potential use of financed property. This public hearing was duly advertised in
the Star Tribune on November 8, 2017, which satisfies the IRS requirement of local newspaper
publication at least 14 calendar days in advance of the public hearing date. The County plans to
undertake a lease/purchase equipment financing in an estimated maximum amount of $2 million
to pay (a) the costs of new cell towers to be located within the geographic boundaries of the
County on a parcel owned by the Department with a street address of 740 Tunstall High Road,
Dry Fork, Virginia 24549, and a parcel owned by the County with a street address of 980 Old
Mayfield Road, Danville, Virginia 24541, (b) the costs of related equipment and (c) the costs and
expenses related to undertaking the lease financing. Lastly, Ms. Van Der Hyde stated that no
action was required by the Board on the public hearing itself, other than holding it for citizen
input. Mr. Warren opened the public hearing at 7:55pm; no one signed up to speak, and Mr.
Warren closed the hearing at 7:57pm.
This concluded the public hearings.
Presentations
Kim Van Der Hyde, as a member of the Danville-Pittsylvania Community Services
(DPCS) Board, presented the DPCS FY2017 annual report on services provided by the agency to
the communities of Danville and Pittsylvania County.
News Business
Ms. Van Der Hyde, Finance Director for Pittsylvania County, explained the
Computer/Radio/Telecommunications committee has been working to resolve a dead zone issue
in several areas of the County for fire and rescue service including the Tunstall area in Dry Fork
and the Mayfield Road area near Berry Hill Road. The committee has determined that placing 2
additional towers in these areas would significantly improve radio reception and enable all
rescue calls to be received. One tower would be located at Tunstall Fire and Rescue and the
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other would be located at the Mayfield Road compactor site location. The cost of this project is
anticipated not to exceed $2 million. A resolution must be approved by the Board of Supervisors
to proceed with the debt refinance.
Ms. Van Der Hyde further explained the 8 original towers were financed by Bank of
America in 2012 at a total cost of $13.4 million te be repaid over a 10 year period. Bank of
America is willing to refinance this lease to include the 2 additional towers. The new fianan ced
amount would be $10,987,800 at an interest rate of 2.26%. This deal would extend the
repayment schedule of these towers by 2 years to 2025. Debt service payments will only increase
slightly to cover the a small portion of principal and the interest on the additional amount until
the last 2 years. The majority of the cost or $1.8 million will be paid in FY2024 and FY2025.
Closing on this refinance is scheduled for 12-01-17, if approved.
Motion was made by Mr. Davis, seconded by Mr. Barber, that the Board of Supervisors
approve the E911 Debt Refinance Resolution (Resolution #2017-11-01) and authorize staff to
obtain the necessary signatures to finalize the paperwork needed for closing. 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.
Mr. Jim Davis, Director of Public Safety, explained the County was contracted with
Harris Radio regarding the 2 additonal towers, and Harris has submitted Contract Amendment #6
for the installation of the towers. Motion was made by Mr. Blackstock, seconded by Mr. Barber,
to approve the contract amendment 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.
RESOLUTION AUTHORIZING THE COUNTY OF
PITTSYLVANIA, VIRGINIA, TO ENTER INTO A
SCHEDULE OF PROPERTY UNDER AN EXISTING
MASTER EQUIPMENT LEASE PURCHASE AGREEMENT
TO FINANCE IMPROVEMENTS TO THE COUNTY’S
EMERGENCY COMMUNICATIONS SYSTEM AND TO
REFINANCE CERTAIN OUTSTANDING RENTAL
PAYMENTS UNDER THE MASTER LEASE PURCHASE
AGREEMENT AND AUTHORIZING THE EXECUTION
AND DELIVERY OF SUCH SCHEDULE OF PROPERTY
WHEREAS, the County of Pittsylvania, Virginia (the “County”), and Banc of America
Public Capital Corp (the “Lessor”) have previously entered into a Master Equipment Lease
Agreement (the “Master Lease Agreement”), and a Schedule of Property No. 1 (“Schedule No.
1”), each dated as of February 24, 2012, to finance the acquisition and installation of certain
emergency communications equipment;
WHEREAS, the Board of Supervisors of the County (the “Board”) desires to finance
additional improvements to the County’s emergency communications system, including but not
limited to the acquisition, installation and equipping of new cell towers and related equipment
RESOLUTION 2017-11-01
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(collectively, the “Equipment”), for use by the County and the Tunstall Volunteer Fire and
Rescue, Inc.;
WHEREAS, the Lessor has offered to refinance the outstanding rental payments due
under Schedule No. 1 (the “2012 Rental Payments”); and
WHEREAS, the County Administration has recommended that the County enter into a
Schedule of Property No. 2 under the Master Lease Agreement (“Schedule No. 2” and, together
with the Master Lease Agreement, the “Lease Agreement”), the form of which has been
presented to this meeting, to finance the acquisition, installation and equipping of the Equipment
and to refinance the 2012 Rental Payments;
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF
PITTSYLVANIA, VIRGINIA:
1. The Board (a) has determined that it is in the best interests of the County and its
residents to proceed with the lease/purchase financing of the Equipment and the refinancing of
the 2012 Rental Payments and (b) authorizes the acquisition, installation and equipping of the
Equipment and refinancing the 2012 Rental Payments through the execution of Schedule No. 2
with the Lessor in accordance with the terms of the Master Lease Agreement, the bid of the
Lessor dated October 24, 2017 (attached hereto as Exhibit A), and this Resolution.
2. The County Administrator (which term shall include the Assistant County
Administrator) is authorized to negotiate with the Lessor and to accept such pricing terms as the
County Administrator shall determine to be in the best interests of the County; provided
however, that (a) the aggregate amount of principal components of basic rent (the “Basic Rent”)
payable under the Lease Agreement shall not exceed $[10,987,800], (b) the Lease Agreement
shall terminate no later than December 31, 2026, and (c) the interest components of Basic Rent
payable under the Lease Agreement shall bear interest at an annual rate not to exceed 2.26%
(exclusive of any interest penalties and subject to adjustment as set forth in the Lease
Agreement). The County Administrator is further authorized to determine the payment dates and
installment amounts of Basic Rent (comprising both principal and interest components) due
under the Lease Agreement and the provisions relating to any prepayment of such Basic Rent
(including any make-whole prepayment price).
3. The County Administrator is authorized to execute a final form of Schedule No. 2
substantially in the form presented to this meeting, which is hereby approved, with such
completions, omissions, insertions and changes not inconsistent with this Resolution and the
Master Lease Agreement as may be approved by the County Administrator. The execution by
the County Administrator of Schedule No. 2 and the delivery thereof to the Lessor shall
constitute conclusive evidence of the County Administrator’s approval of the final form of
Schedule No. 2 and any related completions, omissions, insertions and changes. The officers of
the County are authorized and directed to execute and deliver all certificates and instruments,
including any project escrow agreement or restricted account agreement, and to take all actions
necessary or desirable in connection with the execution and delivery of Schedule No. 2.
4. The County is authorized to grant a security interest in the Equipment acquired
with the proceeds under the Lease Agreement as security for the prompt payment when due of
amounts payable and the performance by the County of its other obligations under the Lease
Agreement.
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5. The Board determines that the acquisition and continuing use of the Equipment
and the financing of the same through the Lease Agreement are necessary and proper to the
efficient operation of the County and will continue to be necessary and proper to the efficient
operation of the County through the fiscal year ending June 30, 2027.
6. The undertaking by the County to make payments under the Lease Agreement
shall be a limited obligation payable solely from funds to be appropriated from time to time by
the Board for such purpose and shall not constitute a debt of the County within the meaning of
any constitutional or statutory limitation or a pledge of the faith and credit or the taxing power of
the County beyond any fiscal year for which the County has appropriated funds for such purpose.
7. The County believes that funds sufficient to make payment of all amounts payable
under the Lease Agreement can be obtained. While recognizing that it is not empowered to
make any binding commitment to make such payments beyond the current fiscal year, the Board
states its intent to make annual appropriations for future fiscal years in amounts sufficient to
make all such payments and recommends that future boards do likewise during the term of the
Lease Agreement. The Board directs the County Administrator, or such other officer as may be
charged with the responsibility for preparing the County’s annual budget, to include in the
budget for each fiscal year during the term of the Lease Agreement an amount sufficient to make
all rental payments payable under the Lease Agreement during such fiscal year.
8. The County covenants that it will not take or omit to take any action the taking or
omission of which will cause the Lease Agreement to be an “arbitrage bond” within the meaning
of Section 148 of the Internal Revenue Code of 1986, as amended (the “Code”), and regulations
issued pursuant thereto, or otherwise cause interest on the proceeds under the Lease Agreement
to be includable in the gross income of the Lessor, and its successors and assigns, under current
law. Without limiting the generality of the foregoing, the County shall comply with any
provision of law that may require the County at any time to rebate to the United States any part
of the earnings derived from the investment of the gross proceeds under the Lease Agreement,
unless the County receives an opinion of nationally recognized bond counsel that such
compliance is not required to prevent interest on the proceeds under the Lease Agreement from
being includable in the gross income for federal income tax purposes of the Lessor, and its
successors and assigns, under existing law.
9. Such officers of the County as may be requested by the County’s special tax
counsel are authorized and directed to execute an appropriate certificate setting forth (a) the
expected use and investment of the proceeds under the Lease Agreement to show that such
expected use and investment will not violate the provisions of Section 148 of the Code and (b)
any elections such officers deem desirable regarding rebate of earnings to the United States for
purposes of complying with Section 148 of the Code. Such certificate shall be prepared in
consultation with the County’s special tax counsel, and such elections shall be made after
consultation with such special tax counsel.
10. The County covenants that during the term of the Lease Agreement it shall not
permit the proceeds of the Lease Agreement or the Equipment to be used in any manner that
would result in (a) 5% or more of such proceeds or the Equipment being used in a trade or
business carried on by any person other than a governmental unit or a 501(c)(3) organization (to
the extent such use does not constitute unrelated trade or business use), as provided in Section
141(b) of the Code, or (b) 5% or more of such proceeds being used directly or indirectly to make
or finance loans to any persons other than a governmental unit or a 501(c)(3) organization (to the
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extent such use does not constitute unrelated trade or business use), as provided in Section 141(c)
of the Code; provided, however, that if the County receives an opinion of a nationally recognized
bond counsel firm that any such covenants need not be complied with to prevent the interest
components of basic rent from being includable in the gross income for Federal income tax
purposes of the Lessor under existing law, the County need not comply with such covenants.
11. All other actions of the County in conformity with the purposes and intent of this
Resolution and in furtherance of entering into the Lease Agreement, financing the acquisition,
installation and equipping of the Equipment and refinancing the 2012 Rental Payments are
approved and confirmed.
12. All resolutions or parts of resolutions in conflict herewith are repealed.
13. This Resolution shall take effect immediately.
Ms. Van Der Hyde explained the Board of Supervisors, at their June 20, 2017 meeting,
approved a supplement to fund the remainder of FY2017 for the CSA program. At that time, a
total of $3,171,830 of state funds and $628,170 of local funds were appropriated to cover
FY2017 expenses for CSA services. A total of $1,198,873.18 of state funds and $317,176.94 of
local funds remained at the close of June 2017. Since June, a total of $1,536,742.36 has been
spent on prior year CSA invoices. Therefore, the funds appropriated back in June need to
carryover to the FY2018 year in order to cover these prior year expenses. $1,198,873.18 will
come from state funds and $317,176.94 will come from fund balance to cover CSA prior year
expenses. These funds were previously approved by the Board on June 20, 2017. A carryover of
$1,198,873.18 of state funds and $317,176.94 of local funds needs to be appropriated to the
FY2018 budget to cover prior year expenditures, and that a motion to do such would require a
10-Day Layover. Motion was made by Mr. Blackstock, seconded by Mr. Barksdale, to approve
and appropriate $1,198,873.18 of state funds and $317,176.94 of local funds to the Community
Policy and Management Team Budget for CSA services. As the 10-Day Layover was required,
this item will be placed on the December 19, 2017 for discussion and vote.
Mr. Hunt explained the following was received from the Honorable Shirley Hammock,
Commissioner of the Revenue: Assessments from the State Corporation Commission are made
based on the prior year’s information. Based on the yearly filings received in September the
assessments are corrected. Virginia PCS Alliance LC assessed for a 2017 tax levy of $6,300.84.
When the report was received and reviewed from the SCC, a correction was done resulting in an
overpayment in the amount of $6,300.84 fo 2017. After all the corrections were done for the
2017 SCC assessments the net loss was $784.84 from the original levies assessed. The refund is
in the amount of $6,300.84; and the Treasurer’s Office has calculated interested owed through
November 28, 2017 to be $262.53. The total refund amount, including interest, will be
$6,563.37. Motion was made by Mr. Barksdale, seconded by Mr. Davis, to approve the request
for the Treasurer to refund the overpayment of $6,300.84 pursuant to Pittsylvania County Code
Section 6-6.2 along with the due interest of $262.53 to Virginia PCS Alliance, LC, 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. Hunt explained the following was received from the Honorable Shirley Hammock,
Commissioner of the Revenue: Assessments from the State Corporation Commission are made
99900.14463 EMF_US 67117285v3
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based on the prior year’s information. Based on the yearly filings received in September the
assessments are corrected. When the report was received and reviewed from the SCC, it was
discovered Danville Cellular Phone Co. had paid the 2017 in full for the first half and based on
the SCC filing, had overpaid. After all the corrections were done for the 2017 SCC assessments
the net loss was $20,702.87 from the original levies assessed. Ms. Hammock has recommended
that the BOS approve the request for the Treasurer to refund the overpayment of $20,702.87
pursuant to Pittsylvania County Code Section 6-6.2 along with the due interest of $862.61.
Motion was made by Mr. Barksdale, seconded by Mr. Davis, to authorize the Treasurer to issue
the refund request to Danville Cellular Telephone Company LP, as presented for a t otal amount
of $21,565.48, 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. Hunt stated Northside High School Musuem, Inc. has submitted an Application for
Real Estate Exemption by Designation to the Commissioner of the Revenue’s Office for
consideration by the Board. The application is for GPIN #2530-38-6169, located on the corner
of Northside Drive and Payne Street Extension in Gretna, Virginia, on which is the musuem’s
historical sign commemorating the site of the former Northside High School. The 0.0600 of an
acre was deeded to the Museum on October 5, 2017. Assessed value of this parcel is $900, with
a $5.31 tax levy. The Museum’s application also asks a retroactive exemption date of October
5, 2017. For such applications to be considered, Mr. Hunt stated a public hearing for citizen
input would be required. Motion was made by Mr. Barber, seconded by Mr. Scearce, to
authorize staff to advertise for a public hearing for citizen input on the proposed amendment to
Pittsylvania County Code §6.6-3; Real Estate Property Exemption by Qualifying Classification
or Designation to include real estate property known as GPIN #2530-38-6169, located on the
corner of Northside Drive and Payne Street Extension in Gretna, Virginia, owned by the
Northside High School Museum, Inc., and the following Roll Call Vote was recorded: Mr.
Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr.
Barksdale-Yes; and Mr. Warren-Yes. Mr. Barber’s motion was unanimously approved by the
Board.
Mr. Hunt explained Staff received a petition submitted by Mary Moore, resident of
Green Farm Road in the County, requesting the Board of Supervisors to consider amending
Pittsylvania County Code (PCC) Section 2.2-22; Running At Large Restriction in Designated
Areas, to include Green Farm Road. This road serves as the border between the Dan River and
Banister Districts. Ms. Moore has developed a petition in favor of a controlled area defined as
the entirety of Green Farm Road. Staff has verified there are 62 property owners on Green Farm
Road. Ms. Moore’s petition now has 38 signatures (64.3%) requesting a public hearing for
citizen input on amending Pittsylvania County Code (PCC) Section 2.2 -22; Running At Large
Restriction in Designated Areas, to include Green Farm Road. Motion was made by Mr.
Blackstock, seconded by Mr. Hagerman, to direct staff to advertise a public hearing for a
proposed amendment to include Green Farm Road in Section 2.2-22; Running At Large
Restriction in a Designated Area, of the Pittsylvania County Code, 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.
Mr. Hicks explained as the cooling season ended this fall, the County began experiencing
problems with the 135 ton chiller for the courthouse. Several leaks were detected in the system
Board of Supervisors
Business Meeting
November 28, 2017
and repairs were unable to fix the problems. Several additional attempts were made to repair the
unit. The unit will not hold a charge and will not be useable for the 2018 cooling season. This
unit was installed in 1991. This unit services the newest portion of the courthouse complex. To
develop a set of specifications for a new unit, advertise for bids, award the bids, order the unit
and install the unit, we estimate it will take at least 3-4 months, which will put us close to the
cooling season. The estimated cost for replacement is $250,000. As the Board would recall,
stated Mr. Hicks, the County replaced the 65 ton unit a couple of years ago. Mr. Hicks stated no
funds are currently in the FY 17/18 budget. Funding will likely come from unappropriated fund
balance, and said Staff would like proceed with the development of an RFP for the replacement
of the unit. Motion was made by Mr. Barber, seconded bby Mr. Barksdale, to authorize the
County staff to develop and issue an RFP for the replacement of the 135 ton chiller at the
Courthouse and authorize the receipt of bids for the project, and the following Roll Call Vote
was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr. Blackstock-Yes; Mr. Scearce-Yes; Mr.
Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes. Mr. Barber’s motion was unanimously
approved by the Board.
Mr. Hunt explained the Sheriff Department’s existing Unity 100 Harris hand-held radio’s
warranty will expire in 2020. In recent meetings with Harris, the Harris LX-200 hand-held
radios have been offered at an extremely viable purchase price. These newer radios will still
have enough LTE technology for communication even if/when there is no connectivity to the
county’s existing tower sites. This would be a sole source purchase in the amount of
$229,680.88 for 154 radios; chargers, and bay chargers. The $229,680.88 would come from the
242 Fund; Federal Restrictive Fund Account. Motion was made by Mr. Barber, seconded by Mr.
Davis, pprove the Sheriff’s request for the purchase of the radios and equipment as presented, in
the amount of $229,680.88 charged to the 242 Fund, and noting this is a sole source purchase;
and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr.
Blackstock-Yes; Mr. Scearce-Yes; Mr. Davis-Yes; Mr. Barksdale-Yes; and Mr. Warren-Yes.
Mr. Barber’s motion was unanimously approved by the Board.
Mr. Hunt explained the legal deadline for completing the Pittsylvania County, Virginia
(the “County”), 2018 General Reassessment is December 31, 2017. Pursuant to legal authority
contained in Virginia Code § 58.1-3257, the Pittsylvania County Board of Assessors (“BOA”)
has formally requested that the Pittsylvania County Board of Supervisors (“BOS”) approve a 60 -
day extension to complete the necessary steps needed to finalize the Assessment and conduct the
necessary Appeals. The primary cause of the necessity for said extension is that Assessment
clerical staff turn-over has created siginificant challenges in meeting the Decemebr 31, 2017,
legal deadline. The BOA anticipates that the General Reassessment will be completed within a
30-day period after December 31, 2017. Motion was made by Mr. Blackstock, seconded by Mr.
Barksdale, to approve the Board of Assessors request for a 60-day extension to complete the
County’s 2018 General Reassessment and Appeals, and direct the County Attorney to request
said extension from the Pittsylvania Circuit Court Judge, 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.
Appointments
Motion was made by Mr. Davis, seconded by Mr. Barksdale, to re-appoint Brian Horne
as the Dan River Representative on the Pittsylvania County Planning Commission for a four (4)
Board of Supervisors
Business Meeting
November 28, 2017
year term that will commence January 1, 2018 through December 31, 2022., 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.
Mr. Barber stated he would make his appointment to the Planning Commission for the
Turnstall representative at the December 19, 2017 Board’s Business Meeting.
Motion was made by Mr. Barksdale, seconded by Mr. Barber, to re-appoint Elton W.
Blackstock, Jr. as the Staunton River District Representative on the Pittsylvania County Service
Authority for a four (4) year term that will commence December 17, 2017 through December 16,
2021, and the following Roll Call Vote was recorded: Mr. Barber-Yes; Mr. Hagerman-Yes; Mr.
Blackstock-Abstained as it was himself being appointed; Mr. Scearce-Yes; Mr. Davis-Yes; Mr.
Barksdale-Yes; and Mr. Warren-Yes. Mr. Barksdale’s motion was unanimously approved with 6
votes of the Board, and Mr. Blackstock abstaining from voting.
Motion was made by Mr. Blackstock, seconded by Mr. Davis, to appoint Phyllis Roach
as the Town of Hurt Representative on the Pittsylvania County Library Board of Trustees for a
four (4) year term that will commence July 1, 2017 through June 30, 2021, and the followi ng
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.
Matters From Work Session
Mr. Smitherman informed the Board that the Master Lease Program was a line of
borrowing capacity for the County tio use for certain projects that leverage real property and
would be an action item at their December Business Meeting. One potential project to come
before the Board would be to use this to buy out the County’s lease agreement on the Mt.
Hermon Library. The buy out could potentionlly save the County $200,000 and secure the
improvements that eh Library Foundation is paying for at the currently leased site. The potential
savings would occur over a 10-year period, and the County’s load payment would be
approximately the same as the current lease payment, plus the County would then own the
property at the end of term. The second project the mone would be used for would be Economic
Development financing for an undisclosed project the Board is aware of. Third, staff may
propose to use the funds to lease and/or purchase obsolete and/or inoperatable equipment at the
landfill, which Mr. Hicks informed the Board about at their Work Session. If the Board
approved the Master Lease Program, each project would have to be voted on individually by the
Board, and a public hearing process would be necessary.
Mr. Smitherman stated staff was ready to solitict proposals for use of the Armory. The
County has received interest on the property from non-profit, for profit, governmental, and in-
house. Proposals will be accepted until the end of January 2018.
Mr. Sides asked the Board to review the Comprehensive Economic Development
Strategy (CEDS) List for 2018-19 that was included in the Work Session documents, and contact
him with any questions or comments they may have. The CEDS List would be on the December
19, 2017 Business Meeting Agenda for approval by the Board as it must be submitted by
December 31, 2017 to the West Piedmont Planning District.
Board of Supervisors
Business Meeting
November 28, 2017
Board Announcements
Mr. Hagerman stated he had received some complaints from realators at Smith Mountain
Lake regarding the ongoing property reassessments made.
Mr. Davis thanked the Board for the productive work session and business meeting.
Mr. Barksdale stated he attended the Chamber’s event on the LOVE Sign, noting how
wonderfully it reflected the County and City.
Mr. Warren thanked both Mr. Hancock and Mr. Farmer on their willingness to serve on
the Board of Supervisors as the Callands-Gretna representative. Mr. Warren also encouraged
everyone who could to attend the Chamber’s Business at Breakfast on December 6, 2017, the
topic being Crime Prevention in our area.
Adjournment
Mr. Warren adjourned the meeting at 8:55pm.
__________________________________________
Robert W. “Bob” Warren, Chair
Pittsylvania County Board of Supervisors
__________________________________________
David M. Smitherman, Clerk
Pittsylvania County Board of Supervisors