2020-10-04 Resolution Supporting Potential Cessation of Funding for and Restrictions on Cool Branch Service in Franklin County, Virginia PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION # 2020-10-04
RESOLUTION SUPPORTING POTENTIAL CESSATION OF FUNDING FOR AND
RESTRICTIONS ON COOL BRANCH SERVICE IN FRANKLIN COUNTY,VIRGINIA
VIRGINIA: At the Pittsylvania County Board of Supervisors' ("Board") Business
Meeting on Tuesday, October 20, 2020, in the Gallery Room of the Chatham Community Center,
the following Resolution was presented and adopted:
WHEREAS, the Cool Branch Volunteer Fire Company and Cool Branch Volunteer and
Rescue Squad, Inc. (collectively, "Cool Branch") are located in Pittsylvania County, Virginia
("Pittsylvania County"), near the Penhook community, south of Smith Mountain Lake and close
to the Franklin County, Virginia("Franklin County"), boundary line; and
WHEREAS, Cool Branch's response area covers both Pittsylvania County and portions
of Franklin County; and
WHEREAS,Cool Branch protects $285M of Pittsylvania County property and $502M of
Franklin County property; and
WHEREAS, most of Cool Branch's service calls originate from Franklin County's 911
Center,not Pittsylvania County's 911 Center; and
WHEREAS, the majority of said calls are answered in Franklin County, particularly in
The Water's Edge Country Club community; and
WHEREAS,upon information and belief,Franklin County generates annual General Fund
revenue in excess of$3M from real property taxation of property located in Franklin County, but
served by Cool Branch, Pittsylvania County agencies; and
WHEREAS, despite the inequities noted above, since 2011, Pittsylvania County has
provided more than$1.2M in funding to Cool Branch,while,during the same time period,Franklin
County has only provided Cool Branch approximately$200,000 in funding; and
WHEREAS, Pittsylvania County desires to do nothing that endangers public health,
safety, or welfare, but it cannot continue to foot almost the entire bill for Cool Branch to provide
service to property located outside of Pittsylvania County in Cool Branch's service response area,
which represents 64% of its total protected property; and
WHEREAS, on July 22, 2019, Pittsylvania County leadership met with Franklin County
leadership to communicate the above inequities, attempting to broker a conversation that could
lead to a mutual beneficial solution to this inequitable issue ("Issue"); and
WHEREAS, on August 2, 2019, David M. Smitherman ("Smitherman"), County
Administrator,transmitted a letter to Chris Whitlow("Whitlow"),Franklin County Administrator,
attempting to broker a solution to the Issue; and
WHEREAS, on February 6, 2020, Robert ("Bob") W. Warren ("Chairman Warren"),
County Board Chairman,transmitted a letter to Leland Mitchell("Chairman Mitchell"),Chairman,
Franklin County Board of Supervisors, attempting to broker a solution to the Issue; and
WHEREAS, on April 28, 2020, Chairman Warren again transmitted a letter to Chairman
Leland attempting to broker a solution to the Issue; and
WHEREAS, on May 19, 2020, the Board adopted Resolution#2020-05-07, a Resolution
supporting potential cessation of funding for and restrictions on Cool Branch service in Franklin
County, ninety(90) days from the Resolution's adoption; and
WHEREAS,Resolution#2020-05-07 also provided options for Franklin County to rectify
the Issue in an equitable manner; and
WHEREAS, on May 20, 2020, Chairman Warren again transmitted a letter to Chairman
Mitchell enclosing Resolution#2020-05-07, and attempted to broker a solution to the Issue; and
WHEREAS,on June 22,2020, Pittsylvania County leadership met with Franklin County
leadership at the Cool Branch Rescue Squad Station, attempting to broker a solution to the Issue;
and
WHEREAS, on July 15, 2020, Smitherman transmitted a letter to Whitlow following up
on the June 22, 2020,meeting, attempting to broker a solution to the Issue; and
WHEREAS, on July 23, 2019, Pittsylvania County leadership met with Franklin County
leadership to formally communicate the above inequities, attempting to broker a conversation that
could lead to a mutual beneficial solution to this issue without reciprocation by Franklin County
leadership; and
WHEREAS,on August 13, 2020,Pittsylvania County leadership again met with Franklin
County leadership, attempting to broker a solution to the Issue; and
WHEREAS,on August 18,2020, the Board adopted Resolution#2020-08-05, extending
the service cessation date thirty(30)days from August 18,2020,to allow for continued good faith
negotiations by Franklin County; and
WHEREAS,on August 20,2020,Pittsylvania County leadership again met with Franklin
County leadership, attempting to broker a solution to the Issue; and
WHEREAS, on September 3, 2020, Pittsylvania County leadership again met with
Franklin County leadership attempting to broker a solution to the Issue; and
WHEREAS, on September 15, 2020, the Board adopted Resolution # 2020-09-07,
extending the service cessation date thirty(30) days from August 18,2020,to allow for continued
good faith negotiations by Franklin County; and
WHEREAS, upon information and belief, on October 5, 2020, the Franklin Board of
Supervisors held a Called Meeting to discuss potential solutions to the Issue; and
WHEREAS, on October 14, 2020, Whitlow verbally communicated the desires of
Franklin County to potentially reduce the first due area of Cool Branch within Pittsylvania County,
perform a boundary line adjustment ("BLA") to incorporate Cool Branch into Franklin County,
and adopt a per call charge to be "trued up"annually; and
WHEREAS, on October 18, 2020, Smitherman received a formal draft of Franklin
County's proposal as previously communicated verbally by Whitlow; and
WHEREAS,the Board will not compromise the fire and rescue services its citizens enjoy
by reducing the Cool Branch first due response area within Pittsylvania County; and
WHEREAS,despite being formally made aware of the inequities of the Issue since at least
July of 2019,and myriad attempts by Pittsylvania County to broker a solution to the Issue,Franklin
County has failed to produce a realistic and satisfactory solution to the Issue to Pittsylvania County.
THEREFORE, BE IT FORMALLY RESOLVED, that the Board intends to restrict
Cool Branch from providing service in Franklin County effective December 1, 2020; and
NOW, BE IT FURTHER RESOLVED, that the Board will be amendable to allowing
Franklin County to choose one(1)of the following three(3)options to permanently and equitably
solve the Issue to Pittsylvania County's satisfaction:
(1) Option#1: Franklin County agrees to a BLA making the area identified on Exhibit
"A," attached hereto and made a part hereof, formally part of Pittsylvania County. Each County
will share equally in all related BLA costs and fees. Further, with Option #1, Franklin County
would not be required to contribute any past or future monies to Pittsylvania County for related
fire and rescue services, and Pittsylvania County,once the BLA is executed and finalized, would,
to supplement the tremendous job Cool Branch does and continues to do, provide paid EMS
service, twenty-four(24)hours per day, seven (7) days per week to the area identified on Exhibit
(2) Option#2: Franklin County will adjust the current"first due" service call area, as
indicated on Exhibit "A." Franklin County will reconcile and compensate Pittsylvania County
annually for each service call Pittsylvania County provides in Franklin County. Pittsylvania
County will be responsible for providing Franklin County all annual true-up or reconciliation
numbers/data.
(3) Option #3: Franklin and Pittsylvania Counties will keep "first due" service call
area as is,but Franklin County will contribute$40,000 annually to Pittsylvania County for running
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fire and rescue calls in Franklin County and Franklin County will reimburse Pittsylvania County
fifty-percent (50%) of Pittsylvania County's future fire and rescue capital contributions to Cool
Branch; and
NOW, BE IT FINALLY RESOLVED, that the Board implores the Franklin County
Board of Supervisors to select one (1) of the three (3) above options to avoid unnecessary and
potentially life-threatening fire and rescue service interruption in Franklin County beginning
December 1, 2020.
Given under my hand this 20th day of Octobe 212i
obert ("Bob") W. arren, Chairman
Pittsylvania County Board of Supervisors
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— AT ST:
w,_
__ . _ David M. Smit erman, Clerk
Pittsylvania County Board of Supervisors