03-15-2011 BOS Adjourned Meeting~~ ci6l e ~`~
BOARD PACKET
BOARD OF SUPERVISORS
ADTOURNED MEETING
MARCH 15, 2011
~..~I
1767
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TO BE ADDED
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Closed Meeting -Callands Cannery
SUBJECT/PROPOSAL/REQU E ST:
Closed Meeting
AGENDA DATE:
03-15-2011
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ITEM NUMBER:
5(a)
INFORMATION:
STAFF CONTACT(S):
Mr. Sleeper
ATTACHMENTS:
No
BACKGROUND:
The Board of Supervisors held the required and lawfully advertised public hearing on March 16, 2010 to
receive citizen input on the proposed disposal of the Callands Cannery. Following an affirmative vote by the
Board of Supervisors, the Callands Cannery was declared surplus property, authorized the County Attorney to
negotiate a sale of this property following the solicitation and receipt of two appraisals.
DISCUSSION:
As this issue requires the Board of Supervisors to review and discuss the disposition of publicly held property
where the discussion in Open Meeting would adversely affect the bargaining position or negotiating strategy
of the public body, the Board of Supervisors is authorized to go into Closed Session.
RECOMMENDATION:
Staff recommends to the Board of Supervisors enter into Closed Session.
Authority: §2.2-3711 (A) (3) of the Code of Virginia, 1950, as amended
Subject Matter: Callands Cannery
Purpose: Negotiation for Sale
P1
HEARING OF
CITIZENS
PUBLIC HEARING
CONSENT
AGENDA
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
AGENDA DATE:
ITEM NUMBER:
Proclamation -National Animal Control Week
SUBJECT/PROPOSAL/REOUEST:
03-15-2011
ACTION:
7(a)
INFORMATION:
Proclamation- National Animal Control Week
STAFF CONTACT(S):
CONSENT AGENDA:
ACTION:
Yes
INFORMATION:
William D. Sleeper
ATTACHMENTS:
Yes
REVIEWED BY:
BACKGROUND:
Each year, the Board of Supervisors supports the Animal Control Officers in Pittsylvania County, as well as those
in other jurisdictions that provide the public safety of animal control in their communities.
DISCUSSION:
Attached hereto, is a proclamation on Animal Control Appreciation Week for the week of April 10`h-16`f', 2011.
The Board of Supervisors is encouraging citizens to join in expressing their sincere appreciation and gratitude for
the many hours of service provided by Animal Control Officers and safety for our community.
RECOMMENDATION:
Staff recommends the Board of Supervisors approve the attached proclamation and direct the County
Administrator to submit it to the required news media.
P2
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
PROCLAMATION
NATIONAL ANIMAL CONTROL APPRECIATION WEEKApri110`h -April 16`h' 2011
VIRGINIA: AT THE ADJOURNED MEETING OF THE PITTSYLVANIA COUNTY
BOARD OF SUPERVISORS IN THE GENERAL DISTRICT COURTROOM IN CHATHAM,
VIRGINIA ON TUESDAY, MARCH 15, 2011, THE FOLLOWING PROCLAMATION WAS
PRESENTED AND ADOPTED:
Whereas, the National Animal Control Association has designated the second week in April
each year as Animal Control Appreciation Week; and
Whereas, the various Federal, State, and Local Government Officials throughout the Country
takes this time to recognize, thank, and commend all Animal Control Officers for the dedicated service
they provide to the Citizens, various Public Safety, Public Service Agencies and Departments
throughout the Country; and
Whereas, the Pittsylvania County Board of Supervisors would like to express its sincere thanks
and appreciation for the outstanding service the Pittsylvania County Animal Control Department
provides on a daily basis to the citizens of Pittsylvania County and to the various Public Safety, Public
Services Agencies and Departments; and
Whereas, the Pittsylvania County Board of Supervisors recognizes and commends the Animal
Control Officers for the many dedicated and long hours of service they perform in serving this
community, and for fulfilling their commitment to providing the highest and most efficient level of
service; and
WHEREAS, the Pittsylvania County Board of Supervisors wishes to commend each and every
Animal Control Officer for their service, which is in keeping with the long and distinguished tradition
of the Animal Control Profession; and
Now, Therefore, Be It Hereby Resolved, by the Pittsylvania County Board of Supervisors
officially recognize and proclaim the week of April 10`h through 16`h , 2011 as National Animal
Control Appreciation Week and respectfully asks all Citizens, Public Safety, Health, and Public
Service Personnel alike to join in expressing their sincere thanks, gratitude and appreciation for the
many long hours of outstanding service and quality performance these outstanding individuals provide
throughout the year to assure the safety and welfare of all.
Given under my hand this I5`h day of March, 2011.
Tim R. Barber, Chairman
Pittsylvania County Board of Supervisors
William D. Sleeper, Clerk
Pittsylvania County Board of Supervisors
P3
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
AGENDA DATE:
ITEM NUMBER:
Proclamation -Governmental Purchasing Month
SUBJECT/PROPOSAL/REOUEST:
03- l 5-2011
ACTION:
7(b)
INFORMATION:
Proclamation on Governmental Purchasing Month
STAFF CONTACT(S):
CONSENT AGENDA:
ACTION:
Yes
INFORMATION:
William D. Sleeper
ATTACHMENTS:
Yes
REVIEWED BY:
BACKGROUND:
The Commonwealth of Virginia participates in the National Institute of Governmental Purchasing and Pittsylvania
County is a member of both the State and National organization.
DISCUSSION:
Attached hereto is a certificate of recognition from the Governor of Virginia declaring March as Governmental
Purchasing Month in Virginia.
RECOMMENDATION:
Staff recommends the Board of Supervisors proclaim March as Governmental Purchasing Month in Pittsylvania
County and support the Certificate of Recognition from Governor Robert McDonnell directing that notification be
sent to all news media covering Pittsylvania County.
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By virtue of the authority vested by the Constitution in the Governor of the
Commonwealth of Virginia, there is hereby officially recognized:
GOVERNMENTAL PURCHASING MONTH
WHEREAS, the Virginia Association otGovemmental Purchasing, lnc. (VAGP), established in
1958, is the largest chapter of the National Institute of Governmental Purchasing, with approximately
1,100 professional public purchasing members employed by nearly 300 public entitle:, comprised of
cities, counties, towns, state agencies, colleges, universities, public schools, hospitals, authorities and
community service boards throughout Virginia; and
WHEREAS, the Capital Area Purchasing Association (CAPA), also a chapter of the National
Institute of Governmental Purchasing, was established in 1978, represents approximately 250 professional
members in the Richmond metropolitan area; end
WHEREAS, the purchasing acct rrralerials managemett profession, with an aggregate purchasing
power of billions otdollars, has a tremendous impact on cite economy; and
WHEREAS, pachasing and aneteriab management profiessionals work diligently w establish
and mairrtain ethical standards in buying. and selttmg, to increase their knowledge of efTicient proctmmerd
methods, to disseminate useful in}'ormation tCx its members artd b promote professionalism in public
purchasing,; and
WHEREAS, in addition to poaxh~ing goods and services, the purchasing and materials
management professions engage in, or have durect responsibrlity for, executing, implementing and
administering contracts, developing forecasts and procurement strategies, supervising and monitoring the
flow and storage of materials, and deveioQisig working rehpiomftips with suppliers; and
WHEREAS, governmental purchasing professior~ls contribute positively to our
Commonwealth's public agencies end services by improving purchasing methods and practices and by
utilizing new technologies to increase elTtcircncy and improve processes;
NOW, THEREFORE, 1, Robert F. IvkDonnell, do hereby recognize March ZO11 as
GOVERNMENTAL PURCHASING MONTH in our COMMONWEALTH OF VIRGINIA, and
1 call this observertee to the attention of all our citizens.
~~,~ P~
P5
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
AGENDA DATE:
ITEM NUMBER:
Proclamation -National County Government Week
SUBJECT/PROPOSAL/REOUEST:
Proclamation- National Public Safety
Telecommunications Week
03-15-201 l
ACTION:
CONSENT AGENDA:
ACTION:
Yes
STAFF CONTACT(S):
William D. Sleeper
ATTACHMENTS:
Yes
REVIEWED BY:
7(c)
INFORMATION:
INFORMATION:
BACKGROUND:
The Board of Supervisors annually passes resolutions to support the dispatchers in the County's Dispatch 911
Center for the work they do to provide safety for the community throughout the year.
DISCUSSION:
Attached hereto, is a proclamation establishing the National Public Safety Telecommunications Week for April
10th-16th, 2011 in Pittsylvania County. The Board of Supervisors express their sincere appreciation and honor the
men and women who diligence and professionalism keeps the County and citizens of our community safe.
RECOMMENDATION:
Staff recommends the Board of Supervisors approve the attached proclamation and authorize the County
Administrator to submit it to the required news media.
P6
PITTSYLVANIA COUNTYBOARD OFSUPERVISORS
PROCLAMATION
NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK
April 10'" -16`", 2011
Whereas, emergencies can occur at anytime that require police, fire or emergency medical
services; and
Whereas, when an emergency occurs the prompt response of police officers, firefighters and
EMS personnel is critical to the protection of I ife and preservation of property; and
Whereas, every day millions of people depend on the skill, expertise and commitment of the
men and women who work in public safety telecommunications; and
Whereas, Public Safety Telecommunicators are the first and most critical contact our citizens
have with emergency services; and
Whereas, Public Safety Telecommunicators are the single vital link for our police officers and
firefighters by monitoring their activities by radio, providing them information and insuring their
safety; and
Whereas, Public Safety Telecommunicators of the Pittsylvania County 9-1-1 Center have
contributed substantially to the apprehension of criminals, suppression of fires and treatment of
patients; and
Whereas, these individuals save countless lives by responding to emergency calls, dispatching
emergency personnel and equipment and providing moral support to citizens in distress; and
Whereas, each dispatcher has exhibited compassion, understanding and professionalism
during the performance of their job in the past year;
Now, Therefore, Be It Resolved, that the Pittsylvania County Board of Supervisors proclaims
the week of April 10`" through 16`", 2011 to be National Telecommunications Week in Pittsylvania
County, Virginia, in honor of the men and women whose diligence and professionalism keep our
County and citizens safe.
Given under my hand this day 15`" day of March, 2011.
Tim R. Barber, Chairman
Pittsylvania County Board of Supervisors
William D. Sleeper, Clerk
Pittsylvania County Board of Supervisors
P7
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
AGENDA DATE:
03-15-2011
ITEM NUMBER:
7(d)
Proclamation -National Volunteer Week
SUBJECT/PROPOSAL/REQUEST:
Proclamation -National Volunteer Week
STAFF CONTACT(S):
Mr. William D. Sleeper
ACTION:
CONSENT AGENDA:
ACTION:
Yes
ATTACHMENTS:
Yes
REVIEWED BY:
INFORMATION:
BACKGROUND:
The Board of Supervisors reviews annually the support of the National Volunteer Week, particularly, for the
volunteers for the Fire & Rescue services provided in Pittsylvania County.
In order to recognize all of those volunteers that are providing millions of dollars worth of services to the citizens of
Pittsylvania County, the Board of Supervisors hereby proclaims the week of April 10-16, 2011, as National
Volunteer Week, as identified by the attached Proclamation.
RECOMMENDATION:
Staff recommends the Board of Supervisors approve the attached Proclamation and direct it to be presented to all
the news media.
P8
PITTSYLVANIA COUNTYBOARD OFSUPERVISORS
PROCLAMATION
NATIONAL VOLUNTEER WEEK
April 10-16, 2011
"Celebrating People in Action"
Whereas, the entire community can inspire, equip and mobilize people to take action that
changes the word; and
Whereas, volunteers can connect with local community service opportunities through hundreds
of community service organizations and volunteer centers; and
Whereas, individuals and communities are at the center of social change, discovering their
power to make a difference; and
Whereas, during this week all over Pittsylvania County and the Nation, service projects will be
performed and volunteers recognized for the commitment to service; and
Whereas, the giving of oneself in service to another empowers the giver and the recipient; and
Whereas, experience teaches us that government by itself cannot solve all of our nation's
social problems; and
Whereas, our country's volunteer force of over 63 million is a great treasure; and
Whereas, volunteers are vital to our future as a caring and productive nation; then
Now, Therefore, Be It Resolved, that the Pittsylvania County Board of Supervisors proclaims
the week of Apri110`h -19th, 2011 to be National Volunteer Week in Pittsylvania County, Virginia, in
honor of the citizens who volunteer in Pittsylvania County. By volunteering and recognizing those who
serve, we can replace disconnection with understanding and compassion.
Given under my hand this day 1 S'h day of March, 2011.
Tim R. Barber, Chairman
Pittsylvania County Board of Supervisors
William D. Sleeper, Clerk
Pittsylvania County Board of Supervisors
P9
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
AGENDA DATE:
ITEM NUMBER:
Resolution on Beautification Month
SUBJECT/PROPOSAL/REOUEST:
Resolution Declaring Beautification Week -
Pittsylvania County
STAFF CONTACT(S):
William D. Sleeper
03-15-2011
ACTION:
Yes
CONSENT AGENDA:
7(e)
INFORMATION:
ACTION: INFORMATION:
ATTACHMENTS:
Yes
REVIEWED BY:
BACKGROUND:
Each year the Board of Supervisors, along with the Keep Virginia Beautiful organization, establish a clean up and
beautification day and week in Pittsylvania County. The Commonwealth now designates the entire month of April
as Beautification and Clean Up in Virginia.
DISCUSSION:
Attached hereto, you will find a Proclamation by the Pittsylvania County Board of Supervisors proclaiming the
month of April as Beautification and Clean Up Month in Pittsylvania County and request all citizens to participate
in the volunteer hours for beautification and litter control.
RECOMMENDATION:
Staff recommends that the Board of Supervisors approve the attached Proclamation and provide local media with a
copy.
P10
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
PROCLAMATION
BEAUTIFICATION and CLEANUP MONTH
APRIL 2011
Whereas, Pittsylvania County has won numerous State and National Awards for
Beautification and Clean up of Pittsylvania County; and
Whereas, the citizens of Pittsylvania County are proud of the appearance of their
County; and
Whereas, it is necessary that citizens continue to work to clean up Pittsylvania County
providing a number volunteer hours for beautification and litter control; and
Whereas, the Keep Virginia Beautiful organization asks all Virginians to be mindful of
cigarette litter reduction, to reduce plastic shopping bag waste and litter, and to promote and
support programs that beautify and clean including community gardens, restoring vacant lots,
highway and shoreline enhancement, plantings, and graffiti abatement; therefore
THEN, BE IT HEREBY PROCLAIMED, by the Pittsylvania County Board of
Supervisors that the month of Apri12011 be declared "Beautiftcation and Cleanup Month" in
Pittsylvania County and the Board of Supervisors requests all the citizens of Pittsylvania County
to work for beautification and cleanup of the County during this month.
Given under my hand this 1 S`~ day of March, 2011.
Tim R. Barber, Chairman
Pittsylvania County Board of Supervisors
William D. Sleeper, Clerk
Pittsylvania County Board of Supervisors
P11
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE: AGENDA DATE: ITEM NUMBER:
y(~
Road Name Change 03115/2011
ACTION: INFORMATION:
SUBJECT/PROPOSAURE~UEST:
Skyline Girls Road to Camp Shawnee Rd CONSENT AGENDA:
ACTION: INFORMATION:
STAFF CONTACT(S1: YES
Sleeper, Davis ATTACHMENTS:
Map
REVIEWED BY:
Road Names are considered for addition to the E-911 System with the Approval of the Board of
Supervisors.
DISCUSSION:
This is located in the Dan River District, located off Shawnee Road in Ringgold. Pinewood Properties
LLC has acquired the parcel of land that involves the private road name of Skyline Girls Road. There are
no other addresses that would be affected to the road name change. Pinewood Properties has agreed to
pay 5200.00 for the new road sign and map changes as directed by the Board of Supervisors.
RECOMMENDATION:
Staff recommends that the Board approve the road name Camp Shawnee Rd.
P12
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P13
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P14
PITTSYLVANIA COUNTY
VIRGII`1IA
,~ g Y L V,~'
James E. Davis, ENP, Coordinator Qti"~ ~,, . ; '~'~
Emergency ~ ~
Management & Communications ~ o
P.O. Box 426 ~ ~
Chatham, Virginia 24531 ~ ~ ~ ~ ~
jdavis(a`.pittgov.org i ~e;
L~RGI~~w
Phone (434) 432-79'20
Fax (434) 432-795Q
Grerna/Hurt (434) 656-62ll
Bachelors Ha11/VI?hitmell (434) 797-9556
9-1- ~ Road Name ~-ddit~on. Request
We the undersigned request that our private read be named and included into the 1/-9t 1 System of Pttts}~}~~ania
Cvuntt~. We understand that by agreeing to this our current address will change to reflect the new address assigned
[n; the Caunrn. We reyuest that the faUaw~ing name be adapted by the }3aard of Supervisors:
~~ ~~~~~_
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Choice
3` Choice
~~
P15
NEW BUSINESS
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
AGENDA DATE:
03-15-2011
ITEM NUMBER:
8
Finance Committee Recommendations
SUBJECT/PROPOSAL/REOUE ST:
ACTION:
Yes
INFORMATION:
Finance Committee Meeting
CONSENT AGENDA:
ACTION:
STAFF CONTACT(S):
Mr. Sleeper
ATTACHMENTS:
Yes
BACKGROUND:
The Board of Supervisors' Finance Committee received a recommended budget from the County
Administrator February 15, 2011. The Finance Committee met on Monday, March 7, 2011 and began to
review the proposed changes that had been recommended on the County Administrator's recommended
budget and additional discussion concerning the cost of the bonds.
DISCUSSION:
Discussion for Tuesday, March 15, 2011 will be to determine a final direction for the County budget in order
for staff to develop the necessary advertisements and budget documents to be advertised in April for public
hearings. The bond resolution has been a question and may require the Board of Supervisors to consider a
significant change in direction in the budget which would require significant reductions or additional types of
revenues to be able to cover $1.6 million that the bond resolution proposal would be reducing.
RECOMMENDATION:
Recommendations on advertising for the budget will be discussed at the Finance Committee meeting on
Tuesday, March 15, 2011 to ensure the Board is aware of the time requirements of the statutory procedures.
P16
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
FINANCE COMMITTEE
Tuesday, March 15, 2011
5:00 PM
County Administration Conference Room
Moses Building
Chatham, Virginia
AGENDA
1. Call to Order S:OOP.M.
2. Invocation
3. Roll Call
4. Approval of Agenda
5. New Business
(a) Review of County Administrator's Budget - FY 2011/12
(b) Discussion of Bond Resolution
(c) Recommendation for Advertising the Annual Budget
6. Adjournment
P17
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Recreation Advisory Board Recommendations
SUBJECT/PROPOSAL/REOUEST:
Recommendations of Recreation
AGENDA DATE:
03-15-2011
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ITEM NUMBER:
9
INFORMATION:
STAFF CONTACT(S):
Mr. Sleeper
ATTACHMENTS:
Yes
BACKGROUND:
The Recreation Advisory Board of the Board of Supervisors met on Wednesday, March 9, 2011 and was
introduced to the new Director of Parks and Recreation, Mark Moore.
DISCUSSION:
The Recreation Advisory Board discussed the current programs existing in Pittsylvania County with Mark
Moore and Mr. Moore pointed out the similarities with the programs he is already operating in Botetourt
County and how similar they are to Salem and Roanoke. Therefore, the Advisory Board feel they are moving
forward with the development of a viable program. The Recreation Advisory Board directed priorities
towards coordinating an agreement with the Pittsylvania County Schools and determining if User Agreements
would be necessary between the various leagues.
RECOMMENDATION:
There were no recommendations from the Recreation Advisory Committee following this meeting.
P18
RECREATION ADVISORY BOARD
Pittsylvania County Board of Supervisors
Wednesday, March 9, 2011
7:00 PM
County Administration Conference Room
Moses Building
Chatham, Virginia
AGENDA
1. Call to Order 7:OOP.M.
2. Invocation
3. Roll Call
4. Approval of Agenda
5. New Business
(a) Discuss Director of Recreation Position
(b) Discuss Recreation Program Development
6. Adjournment
P19
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Bond Refinancing Resolution
SUBJECT/PROPOSAL/REOUEST:
Authorizing Resolution
AGENDA DATE:
03-15-2011
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ITEM NUMBER:
10
INFORMATION:
STAFF CONTACT(S):
Mr. Sleeper
ATTACHMENTS:
Yes
BACKGROUND:
The Board of Supervisors passed an Authorizing Resolution for the taking of certain actions and respect to
the issuance of bonds by the Pittsylvania County Board of Supervisors at the February 15, 2011 meeting of
the Board of Supervisors.
DISCUSSION:
In that Davenport & Company, LLC, and Steven Johnson, Bond Counsel for Troutman Sanders, LLP, have
worked on Requests For Proposals (RFPs) to financial institutions to determine an effective percentage rate
and ability to issue $8,500,000 in bonds in order to refund General Obligation Refunding Bonds Series 1998
and General Obligation School Refunding Bonds Series 2005. This is to benefit the Board of Supervisors
with lower interest rates and to reduce the actual primary cost for Fiscal Year 2012. Attached hereto is a
proposed resolution prepared by Troutman Sanders, LLP for the consideration of the Board of Supervisors.
RECOMMENDATION:
This resolution must be recommended by the Finance Committee of the Board of Supervisors at their
meeting on Tuesday, March 15, 2011.
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RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF
UP TO $8,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF GENERAL
OBLIGATION REFUNDING BONDS, SERIES 2011 OF PITTSYLVANIA COUNTY,
VIRGINIA, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT
THEREOF
Pittsylvania County, Virginia (the "County") is a political subdivision of the
Commonwealth of Virginia, and pursuant to, and subject to the provisions of, the Public Finance
Act of 1991, Chapter 26, Title 15.2, Code of Virginia of 1950, as amended (the "Act"), the Board
of Supervisors of the County (the "Board") is authorized to contract debts on behalf of the
County and to issue, as evidence thereof, bonds, notes or other obligations payable from pledges
of the full faith and credit of the County.
The County has previously issued its General Obligation Refunding Bonds, Series
of 1998 (the "Series 1998 Bonds") and its General Obligation School Refunding Bonds, Series
2005 (the "Series 2005 Bonds" and, together with the Series 1998 Bonds, the "Prior Bonds").
The County has determined that it is advisable to issue refunding bonds to (a) refund (i) all or a
portion of the outstanding principal balance of the Series 1998 Bonds (the "Series 1998
Refunded Bonds") and (ii) all or a portion of the outstanding principal balance of the Series 2005
Bonds (the "Series 2005 Refunded Bonds" and, together with the Series 1998 Refunded Bonds,
the "Refunded Prior Bonds") and (b) pay the costs of issuance.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA:
Section 1. Authorization, Issuance and Sale. There is hereby authorized to
be issued and sold, pursuant to the Constitution and statutes of the Commonwealth of Virginia,
including the Public Finance Act of 1991, as amended, Chapter 26, Title 15.2, Code of Virginia
of 1950, as amended (the "Act"), general obligation refunding bonds of the County in the
maximum aggregate principal amount of $8,500,000 to refund the Refunded Prior Bonds and to
pay the costs incurred in connection with issuing such bonds. The Board hereby elects to issue
such bonds under the provisions of the Act.
Section 2. Bond Details. The bonds to be issued under Section 1 shall be
designated "General Obligation Refunding Bonds, Series 2011" (the "Bonds"), shall be dated
their date of issuance, shall be in fully registered form, in denominations of $5,000 and multiples
thereof, and shall be numbered R-1 and upwards. Interest on the Bonds shall be payable on
August 1, 2011 and semiannually thereafter on each February 1 and August 1 continuing through
maturity, unless other semiannual dates are approved by the County Administrator. The Board
authorizes the issuance and sale of the Bonds to Davenport & Company LLC, or its successors
(the "Underwriter"), on such terms as shall be satisfactory to the County Administrator, including
such maturities and sinking fund provisions as the County Administrator shall designate;
provided, that the Bonds (a) shall not have an original aggregate principal amount that exceeds
eight million five hundred thousand and 00/100 dollars ($8,500,000); (b) shall have a true or
"Canadian" interest cost not to exceed 4.50% per year, taking into account any original issue
discount or premium; (c) shall be sold initially at a purchase price (exclusive of original issue
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discount or premium) not less than 98.00% of the original aggregate principal amount thereof;
and (d) shall have a maturity date of no later than December 31, 2023.
Principal and premium, if any, shall be payable to the registered owners upon
surrender of the Bonds as they become due at the designated corporate trust office of the
Registrar, as defined below. Interest shall be payable by check or draft mailed to the registered
owners at their addresses as they appear on the registration books kept by the Registrar with
respect to the Bonds, as of the close of business on the fifteenth day of the month preceding each
interest payment date. In case the date of maturity or redemption of the principal of any of the
Bonds or an interest payment date shall be a date on which banking institutions are authorized or
obligated by law to close at the place where the designated corporate trust office of the Registrar
is located, then payment of principal and interest need not be made on such date, but may be
made on the next succeeding date which is not such a date at the place where the designated
corporate trust office of the Registrar is located, and if made on such next succeeding date no
additional interest shall accrue for the period after such date of maturity or redemption or interest
payment date. Principal, premium, if any, and interest on the Bonds shall be payable in lawful
money of the United States of America.
Interest on the Bonds shall be calculated on the basis of a 360-day year with
twelve 30-day months.
Each Bond shall bear interest from the interest payment date next preceding the
date on which it is authenticated, unless such Bond is (a) authenticated before August 1, 2011, in
which case it will bear interest from its date of issuance, or (b) authenticated upon an interest
payment date or after the record date with respect thereto, in which case it will bear interest from
such interest payment date (unless payment of interest thereon is in default, in which case interest
on such Bond shall be payable from the date to which interest has been paid).
Section 3. Book-Entry System. Initially, one certificate for each maturity of
Bonds shall be issued to and registered in the name of The Depository Trust Company, New
York, New York ("DTC"), or its nominee. The County has executed a Blanket Issuer Letter of
Representations (the "Letter of Representations") relating to a book-entry system to be
maintained by DTC with respect to certain securities issued by the County, including the Bonds.
As used herein, the term "Securities Depository" shall mean DTC or any other securities
depository for the Bonds appointed pursuant to this Section 3.
In the event that (a) the Securities Depository determines not to continue to act as
the securities depository for the Bonds by giving notice to the Registrar and the County, or (b) the
County in its sole discretion determines (i) to select a new Securities Depository or (ii) that
beneficial owners of Bonds shall be able to obtain certificated Bonds, then the County
Administrator shall, at the direction of the County, attempt to locate another qualified securities
depository to serve as Securities Depository or arrange for the authentication and delivery of
certificated Bonds to the beneficial owners or to the Securities Depository's participants on
behalf of beneficial owners, substantially in the form provided for in Exhibit A attached hereto,
as appropriate. In delivering certificated Bonds, the County Administrator shall be entitled to
rely on the records of the Securities Depository as to the beneficial owners or the records of the
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Securities Depository's participants acting on behalf of beneficial owners. Such certificated
Bonds will then be registrable, transferable and exchangeable as set forth in Section 8.
So long as there is a Securities Depository for the Bonds (1) it or its nominee shall
be the registered owner of the Bonds, (2) notwithstanding anything to the contrary in this
Resolution, determinations of persons entitled to payment of principal, premium, if any, and
interest, transfers of ownership and exchanges, and receipt of notices shall be the responsibility
of the Securities Depository and shall be effected pursuant to rules and procedures established by
such Securities Depository, (3) the Registrar and the County shall not be responsible or liable for
maintaining, supervising, or reviewing the records maintained by the Securities Depository, its
participants or persons acting through such participants, (4) references in this Resolution to
registered owners of the Bonds shall mean such Securities Depository or its nominee and shall
not mean the beneficial owners of the Bonds, and (5) in the event of any inconsistency between
the provisions of this Resolution and the provisions of the Letter of Representations, such
provisions of the Letter of Representations, except to the extent set forth in this pazagraph and
the next preceding pazagraph, shall control.
Section 4. Redemption Provisions.
The Bonds will be subject to optional redemption, in whole or in part at any time, at
the option of the County, no later than ten and one-half years after their date of issuance (or such
shorter period as is determined to be advisable at the time of pricing) and upon payment of 100% of
the principal amount of the Bonds to be redeemed plus interest accrued and unpaid to the
redemption date and at a redemption premium (if any) not in excess of two percent (2%) per
annum.
The Board authorizes the County Administrator, subject to the preceding
pazagraphs, to determine (1) the dates on which and redemption prices at which the Bonds may
be optionally redeemed, and (2) whether the issuance of any term bonds would be beneficial to
the County.
(a) Mandatory Sinking Fund Redemption. Any term Bonds may be subject to
mandatory sinking fund redemption as determined by the County Administrator. If there are any
term Bonds, on or before the 70th day next preceding any mandatory sinking fund redemption
date, the County may apply as a credit against the County's mandatory sinking fund redemption
obligation for any Bonds maturing on such date, Bonds that previously have been optionally
redeemed or purchased and canceled or surrendered for cancellation by the County and not
previously applied as a credit against any mandatory sinking fund redemption obligation for such
Bonds. Each such Bond so purchased, delivered or previously redeemed shall be credited at
100% of the principal amount thereof against the principal amount of the Bonds required to be
redeemed on such mandatory sinking fund redemption date. Any principal amount of Bonds so
purchased, delivered or previously redeemed in excess of the principal amount required to be
redeemed on such mandatory sinking fund redemption date shall similazly reduce the principal
amount of the Bonds to be redeemed on future mandatory sinking fund redemption dates, as
selected by the County Administrator.
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(b) Bonds Selected for Redemption. If less than all of the Bonds are called for
optional redemption, the maturities of the Bonds to be redeemed shall be selected by the County
Administrator in such manner as he may determine to be in the best interest of the County. If
less than all the Bonds of any maturity are called for redemption, the Bonds of that maturity to be
redeemed shall be selected by DTC or any successor Securities Depository pursuant to its rules
and procedures or, if the book-entry system is discontinued, shall be selected by the Registrar by
lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion
of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple
thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing
that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000.
If a portion of a Bond is called for redemption, a new Bond of the same maturity in principal
amount equal to the unredeemed portion thereof will be issued to the registered owner upon the
surrender thereof.
(c) Notice of Redemption. The County shall cause notice of the call for
redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile
transmission, registered or certified mail, or overnight express delivery, not less than thirty (30)
nor more than sixty (60) days prior to the redemption date, to DTC or its nominee as the
registered owner of the Bonds or, if the book-entry system is discontinued, by registered or
certified mail to the registered owners of the Bonds to be redeemed.
Section 5. Execution and Authentication. The Bonds shall be signed by the
manual or facsimile signature of the Chairman or Vice Chairman of the Board and the Board's
seal shall be affixed thereto or a facsimile thereof printed thereon and attested to by the manual
or facsimile signature of the Clerk or Deputy Clerk of the Board; provided, that no Bond shall be
valid until it has been authenticated by the manual signature of an authorized representative of
the Registrar and the date of authentication noted thereon. In case any officer whose signature or
a facsimile of whose signature shall appear on any Bond shall cease to be such officer before the
delivery of a Bond, such signature or such facsimile shall nevertheless be valid and sufficient for
all purposes as if such officer had remained in office until such delivery. Any Bond may bear the
facsimile signature of or may be signed by such persons as at the actual time of the execution
thereof shall be the proper officers to sign such Bond although at the date of such Bond such
persons may not have been such officers.
Section 6. Forms of Bonds. The Bonds shall be in substantially the form set
forth in Exhibit A attached hereto.
Section 7. Pledge of Full Faith and Credit. The full faith and credit of the
County are irrevocably pledged for the payment of principal of, premium, if any, and interest on
the Bonds. Unless other funds are lawfully available and appropriated for timely payment of the
Bonds, the County shall levy and collect an annual ad valorem tax, over and above all other taxes
authorized or limited by law and without limitation as to rate or amount, on all locally taxable
property in the County sufficient to pay the principal of, premium, if any, and interest on the
Bonds, as the same become due.
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Section 8. Registration, Transfer and Owners of Bonds. The Board hereby
authorizes the County Administrator to select the paying agent and registraz for the Bonds (the
"Registrar"). The Registrar shall maintain registration books for the registration of the Bonds.
Upon surrender of any Bonds at the designated corporate trust office of the Registrar, together
with an assignment duly executed by the registered owner or his duly authorized attorney or legal
representative in such form as shall be satisfactory to the Registrar, the County shall execute, and
the Registraz shall authenticate and deliver in exchange, a new Bond or Bonds having an equal
aggregate principal amount, in authorized denominations, of the same form and maturity, bearing
interest at the same rate, and registered in names as requested by the then registered owner or his
duly authorized attorney or legal representative. Any such exchange shall be at the expense of
the County, except that the Registrar may charge the person requesting such exchange the
amount of any tax or other governmental chazge required to be paid with respect thereto. New
Bonds delivered upon any transfer or exchange shall be valid obligations of the County,
evidencing the same debt as the Bonds surrendered, shall be secured by this Resolution and
entitled to all of the security and benefits hereof to the same extent as the Bonds surrendered.
The Registraz shall treat the registered owner as the person exclusively entitled to
payment of principal, premium, if any, and interest and the exercise of all other rights and powers
of the owner, except that interest payments shall be made to the person shown as owner on the
registration books on the date indicated in Section 2 above.
Section 9. Sale of Bonds; Bond Purchase Agreement. The Boazd approves
the following terms of the sale of the Bonds. The Boazd hereby determines that it will be in the
best interests of the County to sell the Bonds to the Underwriter through a negotiated
underwriting. The Board authorizes the County Administrator, in collaboration with the
Underwriter, to (a) determine the principal amount of the Bonds, subject to the limitations set
forth in Section 2, (b) determine the maturity schedule of the Bonds, subject to the limitations set
forth in Section 2, (c) establish the redemption provisions, if any, for the Bonds; provided, that
the Bonds shall be subject to optional redemption no later and at no higher premiums (if any)
than set forth in Section 4, and (d) in accordance with Section 15, determine to what extent to
refund some or all of the outstanding Prior Bonds. Prior to the sale of the Bonds, the County
Administrator, in collaboration with the Underwriter, may change the dated date of the Bonds to
facilitate the sale and delivery of the Bonds. The terms of the negotiated sale shall be set forth in
a Bond Purchase Agreement between the County and the Underwriter to be dated on or about the
date of the sale of the Bonds (the "Bond Purchase Agreement"). The Bonds will be awarded and
sold to the Underwriter in accordance with the terms of the Bond Purchase Agreement, subject to
the parameters set forth in this Resolution. The County Administrator is authorized and directed
to prepare or review the form of the Bond Purchase Agreement, and the County Administrator
and the Chairman and Vice Chairman of the Boazd, any of whom may act, aze each authorized to
execute and deliver the Bond Purchase Agreement on behalf of the County.
The Boazd hereby ratifies and approves all actions taken by the County
Administrator and his staff prior to the date of the adoption of this Resolution in connection with
soliciting and evaluating alternatives for the sale of the Bonds.
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Section 10. Official Statement. The use and distribution of a Preliminary
Official Statement, dated the date of its distribution (the "Preliminary Official Statement"), in
substantially the form made available to the Board, and the use and distribution of an Appendix
to the Preliminary Official Statement describing the County, are hereby authorized and approved.
The Preliminary Official Statement, including such Appendix, are to be completed and "deemed
final" by the County Administrator as of its date, within the meaning of Rule 15c2-12 of the
Securities and Exchange Commission (the "Rule"), except for the omission from the Preliminary
Official Statement of such pricing and other information permitted to be omitted pursuant to the
Rule. The delivery of the Preliminary Official Statement to the Underwriter shall be conclusive
evidence that it has been deemed final as of its date by the County Administrator, except for the
omission of such pricing and other information.
The County Administrator shall make such completions, omissions, insertions,
and changes in the Preliminary Official Statement not inconsistent with this Resolution as are
necessary or desirable to complete it as a final Official Statement (the "Official Statement"). The
County Administrator shall arrange for the delivery to the Underwriter of a reasonable number of
copies of the Official Statement, within seven (7) business days after the Bonds have been sold,
for delivery to each potential investor requesting a copy of the Official Statement and to each
person to whom the underwriter initially sells Bonds.
The County Administrator and the Chairman and Vice Chairman of the Board,
any of whom may act, are each authorized, on behalf of the County, to deem the Official
Statement to be final as of its date within the meaning of the Rule. The County Administrator
and the Chairman and Vice Chairman of the Board, any of whom may act, are each authorized
and directed to execute the Official Statement, which execution shall be conclusive evidence that
the Official Statement has been deemed final.
Section 11. Continuing Disclosure. Under the Rule, the County will be
required to provide certain annual reports and certain reports of extraordinary events to
Electronic Municipal Market Access system as described in 1934 Act Release No. 59062 and
maintained by the Municipal Securities Rulemaking Board for purposes of the Rule. These
requirements will be set forth in a Continuing Disclosure Certificate to be given by the County
(the "Continuing Disclosure Certificate"), evidencing conformity with certain provisions of the
Rule. The execution, delivery, use, and distribution of the Continuing Disclosure Certificate are
hereby authorized and approved. The County Administrator is authorized and directed to prepare
or review the form of the Continuing Disclosure Certificate, and the County Administrator and
the Chairman and Vice Chairman of the Board, any of whom may act, are authorized to execute
and deliver the Continuing Disclosure Certificate on behalf of the County.
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The County hereby covenants and agrees that it will comply with and carry out all
of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision
of this Resolution, failure of the County to comply with the Continuing Disclosure Certificate
shall not be considered a default under this Resolution or the Bonds; provided, that any holder of
the Bonds, including owners of beneficial interests in the Bonds, may take such actions as may
be necessary and appropriate, including seeking mandamus or specific performance by court
order, to cause the County to comply with its obligations under this Section 11 and the
Continuing Disclosure Certificate.
Section 12. Preparation and Delivery of Bonds. After the Bond Purchase
Agreement has been executed and delivered on behalf of the County, the Chairman, the Vice
Chairman, the Clerk and Deputy Clerk of the Board are each authorized and directed to take all
proper steps to have the Bonds prepared, executed and authenticated in accordance with their
terms and to deliver the Bonds to the Underwriter upon payment therefor.
Section 13. Arbitrase Covenants.
(a) No Composite Issue. The County represents that there have not been
issued, and covenants that there will not be issued, any obligations that will be treated as part of
the same issue of obligations as the Bonds within the meaning of the Internal Revenue Code of
1986, as amended, including regulations issued pursuant thereto (the "Code").
(b) No Arbitrage Bonds. The County covenants that it shall not take or omit
to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds"
within the meaning of Section 148 of the Code, or otherwise cause interest on the Bonds to be
includable in the gross income for federal income tax purposes of the registered owners thereof
under existing law. Without limiting the generality of the foregoing, the County shall comply
with any provision of law which 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 of the Bonds,
unless the County receives an opinion of nationally recognized bond counsel that such
compliance is not required to prevent interest on the Bonds from being includable in the gross
income for federal income tax purposes of the registered owners thereof under existing law. The
County shall pay any such required rebate from its legally available funds.
Section 14. Non-Arbitrage Certificate and Elections. Such officers of the
County as may be requested are authorized and directed to execute an appropriate certificate
setting forth the expected use and investment of the proceeds of the Bonds in order to show that
such expected use and investment will not violate the provisions of Section 148 of the Code, and
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 and elections shall be in
such form as may be requested by bond counsel for the County. The County shall comply with
any covenants set forth in such certificate regarding the use and investment of the proceeds of the
Bonds.
Section 15. Escrow Agreement and Refunding of the Refunded Prior Bonds.
The Board hereby authorizes the optional redemption of the Refunded Prior Bonds. The County
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Administrator is authorized to work with the Underwriter to determine which maturities of the
Prior Bonds will be refunded. They may base such decisions on such factors as they shall
determine to be in the best interest of the County.
The execution and delivery of an Escrow Deposit Agreement (the "Escrow
Agreement"), between the County and an escrow agent to be selected by the County Administrator
(the "Escrow Agent"), are hereby approved. The Chairman of the Board and the Vice Chairman of
the Board and the County Administrator, any of whom may act, are each hereby authorized and
directed to execute and deliver the Escrow Agreement. There is hereby created by the County a
trust fund to be designated the "Pittsylvania County Escrow Fund" (the "Escrow Fund") and held
by the Escrow Agent pursuant to the Escrow Agreement. The County shall irrevocably deposit in
the Escrow Fund an amount of proceeds received by the County from the sale of the Bonds which
will be sufficient to provide (taking into account investment earnings or not taking them into
account in the discretion of the County) for the payment of the principal of and interest on the
Refunded Prior Bonds. Amounts deposited in the Escrow Fund will not be invested or will be
invested only in non-callable, direct obligations of the United States of America. The County
Administrator is authorized to file applications for State and Local Government Series ("BEGS")
securities for the escrow and take whatever other actions are considered necessary for the
refunding of the Refunded Prior Bonds.
The principal, premium and interest due on the Refunded Prior Bonds will be paid
as and when due from the Escrow Fund, and the County Administrator is authorized to establish the
redemption dates subject to the limitations set forth in the Refunded Prior Bonds.
The principal amount of the Bonds does not exceed the amount necessary to retire
the Refunded Prior Bonds, including costs of issuance of the Bonds. There are currently no
sinking, escrow or other funds which are available for the payment of principal of and interest on
the Refunded Prior Bonds.
Section 16. Limitation on Private Use; No Federal Guaranty. The County
covenants that it shall not permit the proceeds of the Bonds to be used in any manner that would
result in (a) ten percent (10%) or more of such proceeds being used in a trade or business carried
on by any person other than a state or local governmental unit, as provided in Section 141(b) of
the Code, (b) five percent (5%) or more of such proceeds being used with respect to any output
facility (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4)
of the Code, or (c) five percent (5%) or more of such proceeds being used directly or indirectly to
make or finance loans to any persons other than a state or local governmental unit, as provided in
Section 141(c) of the Code; provided, that if the County receives an opinion of nationally
recognized bond counsel that any such covenants need not be complied with to prevent the
interest on the Bonds from being includable in the gross income for federal income tax purposes
of the registered owners thereof under existing law, the County need not comply with such
covenants.
The County represents and agrees that the Bonds are not and will not be "federally
guaranteed," as such term is used in Section 149(b) of the Code. No portion of the payment of
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principal of or interest on the Bonds is or will be guaranteed, directly or indirectly, in whole or in
part by the United States or an agency or instrumentality thereof.
Section 17. Discharge upon Payment of Bonds. The Bonds may be defeased,
as permitted by the Act. Any defeasance of the Bonds, as permitted by the Act, shall not release
the County or the Registrar from its obligations hereunder to register and transfer Bonds or
release the Registrar from its obligations to pay the principal of and interest on the Bonds as
contemplated herein until the date all of the Bonds are paid. In addition, such defeasance shall
not terminate the obligations of the County under Sections 13 and 16 until the date all of the
Bonds are paid.
Section 18. Other Actions. All other actions of the Supervisors, officers,
staff, and agents of the County in conformity with the purposes and intent of this Resolution and
in furtherance of the issuance and sale of the Bonds are approved and confirmed. The officers
and staff of the County are authorized and directed to execute and deliver all certificates and
instruments and to take all such further action as may be considered necessary or desirable in
connection with the issuance, sale and delivery of the Bonds.
Section 19. Limitation of Liability of Officials of the County. No covenant,
condition, agreement or obligation contained herein shall be deemed to be a covenant, condition,
agreement or obligation of a Supervisor, officer, employee or agent of the County in his or her
individual capacity, and no officer of the County executing the Bonds shall be liable personally
on the Bonds or be subject to any personal liability or accountability by reason of the issuance
thereof. No Supervisor, officer, employee, or agent of the County shall incur any personal
liability with respect to any other action taken by him or her pursuant to this Resolution, provided
he or she acts in good faith.
Section 20. Contract with Holders of Bonds. The provisions of this
Resolution shall constitute a contract between the County and the holders of the Bonds for so
long as any of the Bonds are outstanding. Notwithstanding the foregoing, this Resolution may by
amended by the County in any manner that does not, in the opinion of the County and the
Registrar, materially adversely affect the holders of the Bonds or the Registrar.
Section 21. Repeal of Conflicting Resolutions. All resolutions or parts of
resolutions in conflict herewith are repealed.
Section 22. Effective Date. This Resolution shall take effect immediately
upon its adoption. The Clerk and any Deputy Clerk of the Board are hereby authorized and
directed to see to the immediate filing of a certified copy of this Resolution with the Circuit
Court of Pittsylvania County, Virginia.
Adopted: March 15, 2011
Exhibit A -Form of Bonds
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EXHIBIT A
REGISTERED
No. R-
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
REGISTERED
COUNTY OF PITTSYLVANIA
INTEREST RATE
General Oblisation Refunding Bond, Series 2011
MATURITY DATE
DATED DATE
CUSIP
February 1, 20
REGISTERED OWNER:
PRINCIPAL AMOUNT:
2011
Pittsylvania County, Virginia (the "County"), for value received, promises to pay,
upon surrender hereof, to the Registered Owner stated above, or registered assigns or legal
representative, the Principal Amount stated above on the Maturity Date stated above, subject to
prior redemption as hereinafter provided, and to pay interest hereon at the Interest Rate per year
stated above from the Dated Date stated above on August 1, 2011, and semiannually thereafter
on each February 1 and August 1. Principal, premium, if any, and interest are payable in lawful
money of the United States of America through , as registrar and paying agent (the
"Registrar").
Interest shall be payable by check or draft mailed to the Registered Owner,
determined as of the close of business on the fifteenth day of the month preceding each interest
payment date, at its address as it appears on the registration books kept for that purpose at the
designated corporate trust office of the Registrar. Principal shall be payable upon presentation
and surrender of this bond to the Registrar. If this bond is held by or for The Depository Trust
Company or other entity acting as a securities depository (the "Securities Depository"), all
payments of principal, redemption premium, if any, and interest shall be paid by wire transfer
pursuant to the most recent wire instructions received by the Registrar from such Securities
Depository and all redemptions or prepayments of principal may be made without presentation of
this bond to the Registrar if such Securities Depository makes a notation on the schedule attached
hereto.
This bond shall bear interest from the interest payment date next preceding the
date on which it is authenticated, unless this bond is (a) authenticated before August 1, 2011, in
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which case it shall bear interest from the Dated Date stated above or (b) authenticated upon an
interest payment date or after the record date with respect thereto, in which case it shall bear
interest from such interest payment date; provided, that if at the time of authentication of this
bond interest is in default, this bond shall bear interest from the date to which interest has been
paid. Interest shall be calculated on the basis of a 360-day year with twelve 30-day months.
In case the date of maturity or redemption of the principal of this bond or an
interest payment date shall be a date on which banking institutions are authorized or obligated by
law to close at the place where the designated corporate trust office of the Registrar is located,
then payment of principal and interest need not be made on such date, but may be made on the
next succeeding date which is not such a date at the place where the designated corporate trust
office of the Registrar is located, and if made on such next succeeding date no additional interest
shall accrue for the period after such date of maturity or redemption or interest payment date.
This bond is one of an issue of $ General Obligation Refunding
Bonds, Series 2011 (the "Bonds"), of like date and tenor, except as to number, denomination,
rate of interest, privilege of redemption, and maturity, and is issued pursuant to the Constitution
and statutes of the Commonwealth of Virginia, including the Public Finance Act of 1991, as
amended. The proceeds of the Bonds will be used to refund all or a portion of the outstanding
principal balance of the County's General Obligation Refunding Bonds, Series of 1998 and its
General Obligation School Refunding Bonds, Series 2005, as well as to pay costs of issuance.
The Bonds were authorized by a resolution adopted by the Board of Supervisors of the County on
March 15, 2011 (the "Resolution").
The Bonds maturing on or before February 1, 20_, are not subject to optional
redemption prior to their respective stated dates of maturity. The Bonds maturing on or after
February 1, 20_, shall be subject to redemption prior to their stated dates of maturity at the option
of the County, on or after February 1, 20~ in whole or in part at any time, upon payment of _%
of the principal amount of the Bonds to be redeemed plus interest accrued and unpaid to the
redemption date.
The Bonds maturing on February 1, 20_ are subject to mandatory sinking fund
redemption prior to maturity, in part, on February 1 in the years and in the amounts set forth below,
at a redemption price equal to 100% of the principal amount of the Bonds to be redeemed plus
accrued interest thereon to the redemption date, without premium:
Year Amount
20_ $
20 *
* Final Maturity
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The Bonds maturing on February 1, 20_ are subject to mandatory sinking fund
redemption prior to maturity, in part, on February 1 in the years and in the amounts set forth below,
at a redemption price equal to 100% of the principal amount of the Bonds to be redeemed plus
accrued interest thereon to the redemption date, without premium:
Year Amount
20 $
20
* Final Maturity
If less than all of the Bonds are called for optional redemption, the maturities of
the Bonds to be redeemed shall be selected by the County Administrator in such manner as he
may determine to be in the best interest of the County. If less than all the Bonds of a particulaz
maturity are called for redemption, the Bonds to be redeemed shall be selected by the Securities
Depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall
be selected by the Registraz by lot in such manner as the Registrar in its discretion may
determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal
amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption,
each Bond shall be considered as representing that number of Bonds that is obtained by dividing
the principal amount of such Bond by $5,000. The County shall cause notice of the call for
redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile
transmission, registered or certified mail, or overnight express delivery, not less than thirty (30)
nor more than sixty (60) days prior to the redemption date, to the Securities Depository or its
nominee as the Registered Owner of the Bonds or, if the book-entry system is discontinued, by
registered or certified mail to the Registered Owners of the Bonds to be redeemed.
The full faith and credit of the County are irrevocably pledged for the payment of
principal of, premium, if any, and interest on this bond.
All acts, conditions, and things required by the Constitution and statutes of the
Commonwealth of Virginia to happen, exist, or be performed precedent to and in the issuance of
this bond have happened, exist, and have been performed, and the issue of this bond, together
with all other indebtedness of the County, is within every debt and other limit prescribed by the
Constitution and statutes of the Commonwealth of Virginia.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the Board of Supervisors of Pittsylvania County,
Virginia, has caused this bond to be issued in the name of Pittsylvania County, Virginia, to be
signed by its Chairman or Vice Chairman, its seal to be affixed hereto and attested by the
signature of its Clerk or Deputy Clerk and this bond to be dated , 2011.
(SEAL)
ATTEST:
Clerk, Board of Supervisors
of Pittsylvania County, Virginia
A-4
Chairman, Board of Supervisors
of Pittsylvania County, Virginia
P33
AUTHENTICATION DATE:
CERTIFICATE OF AUTHENTICATION
This bond is the Bond described in the within mentioned Resolution.
as Registrar
By
Authorized Representative
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P34
ASSIGNMENT
FOR VALUE RECEIVED the undersigned sell(s), assign(s), and transfer(s) unto
(Please print or type name and address, including postal zip code, of Transferee)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF TRANSFEREE:
the within bond and all rights thereunder, hereby irrevocably constituting and appointing
Attorney, to
transfer said bond on the books kept for the registration thereof, with full power of substitution in
the premises.
Dated:
Signature Guaranteed
NOTICE: Signature(s) must be guaranteed
by an institution which is a participant in the
Securities Transfer Agent's Medallion
Program ("STAMP") or similar program.
A-6
(Signature of Registered Owner)
NOTICE: The signature above must
correspond with the name of the Registered
Owner as it appears on the front of this bond
in every particular, without alteration
or enlargement or any change whatsoever.
P35
[FORM FOR ACKNOWLEDGMENT OF PREPAYMENTS OR REDEMPTIONS --
MAY BE USED BY ANY SECURITIES DEPOSITORY]
CERTIFICATE OF PREPAYMENTS OR REDEMPTIONS
The Principal Amount of this bond shall be reduced by an amount equal to the
aggregate of prepayments or redemptions noted hereunder. All prepayments or redemptions shall
be certified hereunder by an authorized representative of the Securities Depository which is the
nominal owner of this bond, and such certification shall constitute a cancellation of the Principal
Amount due on this bond in the aggregate of the amounts certified below.
Amount Date Authorized Signature
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CERTIFICATE OF THE CLERK OF THE
BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA
The undersigned Clerk of the Board of Supervisors of Pittsylvania County, Virginia,
certifies that:
1. A regular meeting of the Board of Supervisors of Pittsylvania County, Virginia,
was held on March 15, 2011, at the time and place established by the Board for such meetings, at which
the following members were present and absent:
MEMBER
Henry A. "Hank" Davis, Jr.
Tim R. Barber
Fred M. Ingram
James H. Snead
William H. Pritchett
Marshall A. Ecker
Coy E. Harville
PRESENT ABSENT
2. A resolution entitled "Resolution Authorizing the Issuance and Sale of Up to
$8,500,000 in Aggregate Principal Amount of General Obligation Refunding Bonds, Series 2011 of
Pittsylvania County, Virginia, and Providing for the Form, Details and Payment Thereof' was adopted by
a majority of all members of the Board present by a roll call vote, the ayes and nays being recorded in the
minutes of the meeting as shown below:
MEMBER VOTE
Henry A. "Hank" Davis, Jr.
Tim R. Barber
Fred M. Ingram
James H. Snead
William H. Pritchett
Marshall A. Ecker
Coy E. Harville
3. Attached hereto is a true and correct copy of the foregoing resolution as adopted
on March 15, 2011. This resolution has not been repealed, revoked, rescinded or amended and is in full
force and effect on the date hereof.
WITNESS my signature and the seal of the Board of Supervisors of Pittsylvania County,
Virginia, this _ day of March, 2011.
(SEAL)
2031059x2
223160.000023
Clerk, Board of Supervisors
of Pittsylvania County, Virginia
P37
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Lease Agreement - Olde Dominion Agricultural
Foundation (ODAF)
AGENDA DATE:
03-15-2011
ITEM NUMBER:
11
SUBJECT/PROPOSAL/REQUEST:
Lease Agreement
STAFF CONTACT(S):
William D. Sleeper
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
Yes
INFORMATION:
INFORMATION:
BACKGROUND:
At their November 16, 2011 adjourned meeting, the Pittsylvania County Board of Supervisors agreed to
provide In-Kind support services to the Olde Dominion Agricultural Foundation (ODAF) in the amount of
$46,000.00 for one (1) year.
DISCUSSION:
Attached hereto, is a lease between the ODAF and Pittsylvania County in relation to placing the Virginia
Cooperative Extension Service in the Olde Dominion Agricultural Complex (ODAC) in an area containing
2,974 square feet. The in lieu of cash agreement is for Pittsylvania County to provide services to the ODAC,
including HVAC technical services, janitorial services, solid waste disposal, landscaping, lawn maintenance
and a supply of necessary paper goods as agreed to in November 2010. This agreement has been modified
and agreed to by the Pittsylvania County Attorney.
RECOMMENDATION:
Staff recommends the Board of Supervisors authorize the Chairman or County Administrator to sign this
agreement on the behalf of Pittsylvania County for a one (1) year term, beginning March 1, 2011.
P38
LEASE
THIS LEASE made this day of 2011, by and between
OLDS DOMINION AGRICULTURAL FOUNDATION, INC., a Virginia non-stock, non-
profit charitable corporation ("Landlord") and PITTSYLVANIA COUNTY, VIRGINIA, a
political subdivision of the Commonwealth of Virginia ("Tenant").
WITNESSETH
That for and in consideration of the mutual covenants and agreements herein contained,
the parties do hereby covenant and agree as follows:
1. Recitals. Landlord is the owner of Unit 2, Old Dominion Agricultural, containing
2974 square feet, at the address 19781 U.S. Highway 29 South, Chatham, Virginia (the
"Premises"). Pursuant to the terms of this Lease, Landlord desires to lease and demise the
Premises to Tenant and Tenant desires to rent the Premises from Landlord.
2. Tenant's Authority to Enter into Lease Tenant is authorized to enter into this
Lease pursuant to Virginia Code §§ 15.2-1800, 22-132.7, and 23-132.8, and a lawful and valid
affirmative majority vote by the Pittsylvania County Board of Supervisors (the "Boazd") at a
lawful and valid public meeting held on Tuesday, November 16, 2010. Moreover, Tenant hereby
declazes, and the Landlord hereby acknowledges, that this Lease is entered into by the Tenant for
a "public use" as required by Virginia Code § 15.2-1800, and defined in Virginia Code § 1-
219.1;and, that the Premises shall be open and available, during normal business days and hours,
to the public.
3. Lease of the Premises. Landlord hereby Leases and demises, and Tenant hereby
rents the Premises under the terms and conditions set forth in this Lease. Landlord warrants and
covenants that it has the right to Lease the Premises on such terms and conditions. The Premises
is currently free from any zoning or any other restrictions prohibiting Tenant's authorized use or
occupancy of the Premises, and the Tenant shall reasonably and quietly hold the Premises for the
term of this Lease, as long as Tenant faithfully performs its obligations hereunder.
4. Term of the Lease. The term of this Lease (the "Term") shall be for one (1) yeaz
commencing , 2011, and ending midnight January 31, 2012. This Lease shall not
renew for a successive Term, unless and until a subsequent and separate lawful and valid
affirmative majority vote by the Boazd at a lawful public meeting occurs. In the event of said
occurrence, a sepazate and new Lease shall be negotiated between the Parties hereto for any
successive Term. Tenant hereby agrees to inform the Landlord whether or not it desires a
successive Term not less than thirty (30) days prior to expiration of the Term. If Landlord
determines that it will Lease the Premises to another Party, Landlord hereby agrees to provide
Tenant with not less than sixty (60) days' notice from the expiration date of the Term, or any
successive Term.
5. Rent. In lieu of cash rent, Tenant shall provide services for the benefit of Olde
Dominion Agricultural Center, and the Olde Dominion Agricultural Complex, including, but not
limited to, hvac technical services, janitorial services, solid waste disposal, landscaping, lawn
Page 1 of 9
P39
maintenance, and supplying paper goods for the complex. Tenant hereby declares, and Landlord
hereby agrees, that the Board has only authorized Tenant to provide the above-referenced
services in lieu of cash rent for the current Term of the Lease only. Unless and until negotiated
in a subsequent and sepazate Lease, following a subsequent and sepazate lawful and valid
affirmative majority vote by the Boazd at a lawful public meeting, the Tenant and/or the Board
shall not be required to provide the above-referenced services in lieu of cash rent for any
successive Terms.
6. Use of Lease Premises. Tenant agrees to use and occupy the Premises for offices
for the Virginia Cooperative Extension Service and the Pittsylvania County Agricultural
Development Director. Tenant will not use the Premises or allow the Premises to be used for
any other purpose without the prior written consent of Landlord, which consent shall not be
unreasonably withheld. The Premises shall not be used for any purpose, or in any manner, that
constitutes a violation of any federal, state or city law, ordinance, rule, or regulation.
7. Responsibilities of Landlord and Tenant:
A. Landlord Re~onsibilities:
(1) Structural Components, Capital Expenditures, Fire and Casualty
Insurance, Real Estate Taxes. The Landlord shall be responsible for the maintenance and repair
of the structural portions of the building, which include the roof, foundation and load-bearing
walls outside of the interior of the improvements of the Premises. Landlord shall be responsible
for maintaining fire and casualty insurance on the building, fixtures, and other improvements that
aze part of the Premises, and the common azeas of the complex. Tenant shall be named as an
additional insured on such fire and casualty insurance; this insurance shall provide ten (10) days'
written notice to Tenant before termination; and subrogation against the Tenant shall be waived.
Landlord shall be responsible for the payment of real estate taxes assessed against the Premises,
and all fees and assessments relating to the Premises.
B. Tenant Responsibilities:
(1) Maintenance of the Premises. Tenant shall keep the Premises
clean and in a safe condition, in good order and repair, which responsibility shall include all
repairs or replacements that aze not the responsibility of the Landlord under paragraph 7(A)(1)
above. As part of maintaining the heating and air conditioning systems, Tenant shall be
responsible for the replacement of mechanical system filters as required. All repairs and
replacements made by Tenant shall be of at least equal in class and quality to the original
equipment and workmanship. Any repairs and replacements made by Tenant, at its expense, to
the plumbing, electrical, heating and air conditioning units, fixtures, and facilities must be
provided by a qualified licensed contractor, plumber, or electrician.
(2) Utilities. During the Term, Tenant shall only be responsible for all
separately metered utilities it uses or consumes upon the Premises, including, but not limited to,
electricity, water, gas, telephone, and cable services provided to the Premises. Landlord will not
be in default of this Lease in the event of an interruption of utility services. All utilities provided
Page 2 of 9
P40
to the Premises that are metered in common with other units shall be the responsibility of the
Landlord.
(3) Waste Disposal. Tenant agrees to be fully responsible for trash
and waste disposal, including the cost of storage and removal of the same from the Premises.
Tenant shall abide by all laws, rules, ordinances, and regulations established by any
governmental body, entity, or political subdivision with regard to the collection, storage, and
disposal of waste on the Premises.
(4) Alterations. Tenant shall not alter the Premises without the prior
written consent of Landlord, which consent shall not be reasonably withheld. Tenant shall beaz
the costs of any and all alterations and installations that it makes. Unless the Parties agree in
writing otherwise, such alterations shall be the property of Landlord at the termination of this
Lease.
(5) Environmental Requirements. Hazazdous Materials, as herein
defined, may only be brought upon the Premises if required in the course of daily operations of
the Tenant's business on the Premises. All such Hazardous Materials must be disclosed and
approved by Landlord, in writing, which approval shall not be unreasonably withheld. If so
approved, such Hazazdous Materials shall be used, handled, stored, and disposed of in
accordance with applicable laws, regulations, and rules. For purposes of this pazagraph and
Lease, "Hazardous Materials" means any substance defined as "Hazazdous Substances",
"Hazazdous Waste", "Hazazdous Material", or "Toxic Substances" under any applicable federal,
state, or local laws, statutes, ordinances, regulations, orders, or decrees now applicable to the
Premises, including, without limitation, those terms as defined by the Resource Conservation
Recovery Act of 1976 ("RCRA"), 42 U.S.C. Sec. 6901 et sec ..; the Comprehensive and
Environmental Response Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. Sec.
9601-9657, as amended by the Superfund Amendments and Reauthorization Act of 1986
("SARA"), pesticides regulated under FIFRA, PCBs, and other substances regulated under
TSCA; chemicals subject to OSHA Hazazd Communication Standazd, 29 C.F.R. Sect. 1910.1200
et sue.; and industrial process and pollution control wastes, whether or not hazardous within the
meaning of RCRA, or any successor future statutes, laws, regulations, orders, or decrees. The
term "Environmental Law" means any of the above-referenced federal Acts or their state
equivalents, or any other federal, state, or local laws and regulations including, without
limitations, the Solid Waste Disposal Act, and any and all other statutes, ordinances, regulations,
orders, or decrees, which are now, or will be in the future, applicable to the Premises during the
Term of this Lease.
Tenant agrees that it will be solely responsible for any and all
fines, penalties, assessments, costs of cleaning up, and remediating the Premises, and all other
affected property for any and all Hazardous Materials it brings to the Premises.
(6) Insurance on Personal Property It shall be the sole responsibility
of Tenant to protect and to insure all personal property located on Premises against theft, fire,
and other perils, whether such personal property is leased under this Lease, or is owned by the
Tenant, its representatives, agents, employees, occupants, licensees, guest, invitees, or any other
person or entity. Landlord will not be responsible for personal property.
Page 3 of 9
P41
(7) Liability Insurance. Tenant shall provide and keep in force, for the
protection of the general public and the Landlord, liability insurance against claims for bodily
injury or death upon the Premises. Such coverage shall be in a form and in such amounts as may
be approved by the Landlord, but in no event shall such coverage be less than one million dollars
($1,000,000.00) for bodily injuries or death to any one (1) person, and two million dollars
($2,000,000.00) for bodily injuries or death to more than one (1) person arising from the same
incident or occurrence. Landlord shall be named as an additional insured on such liability
insurance; this insurance shall provide ten (10) days' written notice to Landlord before
termination; and subrogation against the Landlord shall be waived. Upon request of the
Landlord, Tenant will provide Landlord with a certificate of insurance or other documentation
confirming the insurance is in effect.
(8) Reporting to Landlord. Tenant shall promptly give notice to
Landlord of any condition of the Premises that comes to the attention of Tenant whether through
its personal observation, or through reports from its employees, representatives, invitees, or
licensees, which may give rise to damage to persons or property. Landlord shall not be liable to
Tenant, its employees, licensees, or invitees for failure to make any repairs required by Landlord
or damages as a consequence thereof, unless written notice of the necessity thereof has been
given by Tenant to Landlord, specifying in reasonable detail the repairs required.
8. Trade Fixtures and Equipment. All trade fixtures and equipment, that are
supplied or installed on the Premises at the sole expense of the Tenant, shall be maintained by
Tenant and will remain the property of Tenant. Trade fixtures and equipment include all items
installed by Tenant that can be removed from the Premises without material damage to the
Premises. Landlord shall have no responsibility for this property. Tenant may remove these
items within ten (10) days from the termination of this Lease, provided: (i) Tenant is not in
default hereunder at the time of termination; (ii) Removal of the items can be accomplished
without material damage to the Premises; (iii) Tenant, within a reasonable time (not to exceed
thirty [30] days after removal), shall reimburse Landlord for the costs of repairing any and all
resulting damages relating to the removal of such fixtures.
9. Damage to Premises by Fire. In the event the Premises is damaged by fire or
any other casualty or peril such that makes the Premises untenable in whole or in part, either
party may elect to terminate the Term of the Lease, effective as of the date of fire or casualty, by
written notice given to the other party within thirty (30) days after such date. All proceeds of fire
and casualty insurance policies provided by Landlord shall be paid over to Landlord or its
designated loss payee.
10. Eminent Domain. In the event the whole of the Premises (or such a substantial
part thereof that it is rendered unsuitable for Tenant's purposes) shall be taken by public
authority under the power of eminent domain or like-power, this Lease shall terminate as of the
date possession is required to be delivered to the appropriate authorities. Landlord shall be
entitled to all such awards or damages as may be allowed. Termination of this Lease by
condemnation or the exercise of eminent domain shall not deprive Landlord of any remedy
which existed prior to the termination.
Page 4 of 9
P42
11. Hold Harmless. Tenant acknowledges that Landlord shall not be liable for any
damage to property or injury arising from Tenant's occupation or use of the Premises, except as
may be caused by Landlord's failure to perform under the Lease, whether by or from electricity,
fire, water, ice, snow, storm, sewage, or any other cause. Landlord will not be liable for any
damage or inconveniences to Tenant which may result from the improper functioning of the
heating and air conditioning systems, any other mechanical apparatus, facilities, and utilities,
whether caused by breakdown, defrosting process, or otherwise.
Tenant promises and agrees to insure, protect, and save harmless Landlord from any
damages, loss, liabilities, judgments, claims, costs, or expenses resulting or arising from any
damages, loss, or expense resulting from the negligent, unlawful, or willful acts or omissions of
Tenant, Tenant's employees, representatives, licensees, or invitees, or from Tenant's failure to
perform any obligations imposed upon it by law or the provisions of this Lease.
Landlord promises and agrees to insure, protect, and save harmless Tenant from any
damages, loss, liabilities, judgments, claims, costs, or expenses resulting or arising from any
damages, loss, or expense resulting from the negligent, unlawful, or willful acts or omissions of
Landlord, Landlord's employees, representatives, licensees, or invitees, or from Landlord's
failure to perform any obligations imposed upon it by law or the provisions of this Lease.
12. Entry of Landlord. Upon reasonable notice, Landlord may enter Premises to do
any of the following:
A. Inspect or protect the Premises;
B. Effect compliance with any law, order, or regulation of any lawful
authority;
C. Make or supervise repairs, alterations, or additions;
D. Exhibit the Premises to prospective Tenants, purchasers, or other
persons, and within thirty (30) days prior to the expiration of this Lease, to
place upon the Premises "To Let" or "For Lease" signs;
E. Alter, maintain, or repair the Premises for occupancy at a time after
Tenant has vacated the Premises.
Authorized entry by Landlord shall not constitute an eviction of Tenant or a
prohibition of Tenant's rights, alter the obligations of Tenant, or create any rights in Tenant
adverse to Landlord's rights and interests hereunder.
13. Default. As used in the Lease, the term "Event of Default" shall mean any of the
following:
A. For the Tenant:
(1) Tenant's failure to provide the services as agreed and set forth
under paragraph 4 of this Lease, or to pay any other amounts payable by Tenant to Landlord
hereunder within thirty (30) days after such are due and payable;
Page 5 of 9
P43
(2) Tenant's failure, after receipt of demand from Landlord, to fulfill
within a reasonable time any obligation imposed on Tenant by this Lease;
(3) Tenant abandons or vacates the Premises.
B. For the Landlord:
(1) Landlord's failure after receipt of demand from Tenant to fulfill,
within a reasonable time, any obligation imposed on Landlord by this Lease.
Upon the happening of an "Event of Default", Landlord, at its option, may:
If default consists, in whole or in part, of Tenant's failure to comply with the
terms of this Lease, after thirty (30) days' notice by Landlord to Tenant, Landlord may either
terminate the Lease, or terminate the Tenant's right to possession without terminating the Lease.
Upon termination of this Lease, for any reason, or upon termination of Tenant's
right of possession, Tenant shall promptly surrender possession to Landlord and vacate the
Premises, or Landlord may re-enter the Premises, by force if required, and expel the Tenant or
anyone claiming under the Lease and remove the property of any of them upon reasonable
notice, Landlord being absolved of any liability or claim for damages for doing anything
reasonably necessary or appropriate in connection therewith. Landlord's taking of possession
shall not deprive Landlord of any right or remedy available under this Lease, or at law or in
equity.
Tenant will be responsible for all costs and expenses incurred by Landlord,
including reasonable attorney's fees, in taking possession, or any amounts which may be due
from Tenant to Landlord, or which may become due. Any personal property of Tenant or others
through Tenant which is left on the Premises and not removed within thirty (30) days after
termination shall be deemed abandoned by the Tenant, and may be sold by Landlord and the
proceeds applied against costs, fees, damages, or other liabilities of Tenant under this Lease.
Tenant hereby appoints Landlord as its attorney-in-fact for this purpose, and Landlord's
authority shall not terminate upon the disability of Tenant or any one (1) of them.
Landlord will be responsible for all costs and expenses incurred by Tenant,
including reasonable attorney's fees, if Tenant is required to take any action against Landlord for
failure to perform its obligations under this Lease.
14. Notice and Reports. Any notice, reports, statements, approvals, consent,
resignation, demand, or request given, and any options or elections to be exercised by a party
under the provisions of the Lease, shall be effective only if made in writing, by hand-delivery,
with signed dated receipts thereof, delivered by certified or registered mail, or some other form
of acceptable delivery which commands a receipt of delivery, to the other party at the applicable
address set forth below. However, either party may designate a different address by giving the
other party written notice of the change. Tenant shall pay rentals payable to Landlord at the
same address prescribed for delivery of written notice.
Page 6 of 9
P44
I5. Notice. Notice to Landlord or Tenant shall be deemed given, if by hand-delivery,
when delivered, or if by mail or some other form of delivery, which commands a receipt, when
mailed or delivered to carrier as follows:
To Landlord:
Olde Dominion Agricultural Foundation
19781 U.S Highway 29 South
Chatham, Virginia, 24531
To Tenant:
Pittsylvania County, Virginia
c/o W. Dan Sleeper
Pittsylvania County Administrator
34 N. Main Street
P.O. Box 426
Chatham, Virginia 24531
Copy to:
Robert T. Vaughan, Jr.
772 Main Street
Danville, Virginia 24541
Cop•
J. Vaden Hunt
Pittsylvania County Attorney
34 N. Main Street
P.O. Box 426
Chatham, Virginia 24531
16. Subletting and Assi nment Tenant shall not have the right or authority to assign
or sublet the Premises without prior written consent of Landlord.
17. Condition of the Premises upon Termination Upon termination, Tenant will
leave the Premises in good repair. In so doing, Tenant will have the Premises thoroughly
cleaned and repaired prior to the surrender of possession to its same condition as the
commencement of this Lease, reasonable wear and tear excepted. If Landlord is required to
clean and/or repair the Premises after termination, the related cost and expense will be chazged to
Tenant.
18. Consultant. Landlord and Tenant acknowledge that there has not been a licensed
real estate sales person involved in the negotiation of this Lease on behalf of either Party, who is
under an agreement to receive a commission.
19. Construction of the Lease. This Lease shall be construed and enforced according
to the laws of the Commonwealth of Virginia. Headings relating to the contents of a particulaz
pazagraph are inserted only for the purpose of convenience, and aze not to be construed as parts
of any particulaz pazagraphs to which they refer. Any exhibit attached to this Lease shall be
deemed an original part of this Lease only if initialed by the parties and bearing the same date as
the Lease. The failure of the either Party to insist upon strict performance of any of the
covenants or conditions of this Lease shall not be deemed a waiver of any such covenants,
conditions, or options upon a future breach. This Lease contains all of the understandings
between the Parties, and may not be modified, except in writing, signed by all parties hereto or
their successors. This Lease shall be binding upon the Parties their heirs, estates, assigns, or
other successors in interest.
Page 7 of 9
P45
20. Recordation of Memorandum of Lease. Upon the request of either Party, the
other Party will, in good faith, cooperate in the preparation and execution of recordable
instruments describing the Parties, the Premises, the basic terms of this Lease, and other such
portions hereof as either Party may desire to be included in such instrument. The Party designed
to record such instrument may do so at its expense.
21. Signing, Effective Lease. All rights and liabilities hereunder shall benefit and bind
the successors, heirs, and assigns of the Parties.
IN WITNESS whereof, Landlord and Tenant have each caused these presents to be
appropriately executed.
Page 8 of 9
P46
LANDLORD:
Dated:
Olde Dominion Agricultural Foundation, Inc.
a Virginia non-stock, non-profit corporation
BY~ (SEAL)
Title:
COMMONWEALTH OF VIRGINIA
CITY OF DANVILLE; TO-WIT:
The foregoing lease instrument was acknowledged before me by
on behalf of Olde Dominion Agricultural Foundation, in his/her capacity as
this _ day of , 2011.
My Commission expires:
Notary Public
TENANT:
Dated: Pittsylvania County, Virginia
BY~ (SEAL)
Title:
COMMONWEALTH OF VIRGINIA
COUNTY OF PITTSYLVANIA; TO-WIT:
The foregoing instrument was acknowledged before me this
2011, by on behalf of _
in his capacity as
of _ , 2011.
My Commission expires:
Notary Public
Page 9 of 9
day of
this day
P47
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Callands Cannery Assessment
SUBJECT/PROPOSAL/REOUEST:
Cannery Assessment
AGENDA DATE:
03-15-2011
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ITEM NUMBER:
12
INFORMATION:
STAFF CONTACT(S):
Mr. Sleeper
ATTACHMENTS:
No
BACKGROUND:
On March 16, 2010 the Board of Supervisors lawfully advertised and convened a public hearing that was
required by Code of Virginia §15.2-1800 (b). The Board of Supervisors affirmly declared the Callands
Cannery as surplus property, authorized the County Attorney to negotiate a sale of the property following the
standard required practices of two appraisals.
DISCUSSION:
RECOMMENDATION:
Since this matter involves a discussion of consideration of the disposition of publicly held property and the
decision in Open Meeting would adversely affect the bargaining position or negotiating strategy of the public
body, I am requesting the Board of Supervisors to convene a Closed Meeting to discuss the disposition of
publicly held real estate property where the decision in open meeting would adversely affect the bargaining
position or negotiating strategy of the public body.
Authority: §2.2-3711 (A) (3) of the Code of Virginia, 1950, as amended
Subject Matter: Callands Cannery
Purpose: Negotiation for Sale
P48
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
AGENDA DATE:
03-15-2011
ITEM NUMBER:
13
Credit Card Use
SU BJECT/PROPOSAL/REOUEST:
ACTION:
Yes
INFORMATION:
County Credit Cards
STAFF CONTACT(S):
Mr. Sleeper
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
Yes
INFORMATION:
BACKGROUND:
Pittsylvania County has issued credit cards to a number of individuals to be able to expedite and carry out
County business, particularly on out of town travel and necessary emergency purchases.
The Honorable Marshall Ecker has requested the Board of Supervisors to review and update their credit card
policy.
DISCUSSION:
Attached hereto is a copy of the reference to the Pittsylvania County Board of Supervisors credit card policy
from the Travel, Training and Education Policy and Procedures document and amendment submitted by the
Pittsylvania County Administrator concerning use of County credit cards.
RECOMMENDATION:
This is submitted to the Board of Supervisors for their review, consideration and discussion.
P49
PITTSYLVANIA COUNTY
VIRGINIA
William D. Sleeper
County Administrator
P.O. Box 426
Chatham, Virginia 24531
dsleeper~pittgov.org
Phone (434) 432-7710
Fax (434) 432-7714
Gretna/Hurt (434) 656-6211
Bachelors Hall/Whitmell (434) 797-9550
MEMORANDUM
TO: All Departments
FROM: William D. Sleeper, County Administrator
DATE: February 4, 2005
RE: Pittsylvania County Credit Card Charges
l~r`~-
Pittsylvania County has credit cards available in the Purchasing Department for the
convenience of County employees who travel on County business. Our auditors have
pointed out that receipts are sometimes missing when these statements aze paid on a
monthly basis. It is mandatory that all credit card receipts be turned in to Wendy in the
Finance Department when the County's credit card is used. If receipts are missing when
the statement is received in the Finance Department, the employee responsible for the
charge will be personally liable for any receipt that cannot be produced at the time that
the statement is paid. A copy of the Travel, Training and Education Policy is attached
that clearly outlines this violation of credit card usage.
P5Q
PITTSYLVANIA COUNTY
VIRGINIA
~~SYL~'~4r
William D. Sleeper c~ y
w Phone (434) 432-7710
County Administrator p ~ n
P.O. Box 426 a ~~y ~ Fax (434) 432-7714
6 ~ ~ z Gretna/Hurt (434) 656-6211
Chatham, Virginia 24531 ,~ `u ~ `~ ti Bachelors Hall/Whitmell 434 797-9550
dan.sleeper@pittgov.org J' ' 1767 % 'c ( )
Memorandum
To: All Pittsylvania County boards, Agencies and Commissions
From: William D. Sleeper, County Administrator
Date: October 5, 2005
Subject: Amendments to the Travel, Training & Education Policy -
Pittsylvania County Board of Supervisors
Attached hereto, you will find the updated Travel, Training & Education Policy for Pittsylvania
County as adopted by the Board of Supervisors on October 3, 2005. Please note that travel
outside of the Commonwealth of Virginia requires the approval of the Board of Supervisors with
the exception of extradition of prisoners, which is by a court order. In addition the mileage has
been amended to insure that annually it will meet the current IRS mileage rate.
If you should have any questions concerning any of the elements of this
Education Policy, should be directed to the county Administrator's office.
that all Boards, Agencies and Commissions receiving funding from the
adhere to the requirements of the Policy.
Your attention in this matter is greatly appreciated.
WS/dc
Attachment
61
Travel, Training &
The County requires
Board of Supervisors
P51
PITTSYLVANIA COUNTY
BOARD OF SUPERVISORS
TRAVEL, TRAINING & EDUCATION POLICY - 2005
Section 1 -Purpose
This policy defines the rules Pittsylvania County follows to allow and reimburse County
employees, board and commission members, and approved volunteers utilizing County funds for
travel expenses, training and continued education classes that are related to the performance of
official County business. This policy applies to all County employees, with no exceptions.
Employees are expected to minimize costs by utilizing prudent business practices. Employees
are reminded that travel expenses are open to scrutiny by the news media, the public and the
Pittsylvania County Board of Supervisors.
Section 2 -Travel Authorization
Expenses for travel outside of Pittsylvania County shall not be incurred without the prior
approval of the appropriate department head and/or County Administrator. Prior approval must
be obtained to assure that the funds are available in the budget. All travel outside of the
Commonwealth of Virginia, except extradition of prisoners must be approved by the Board
of Supervisors.
Section 3 -Use of County Credit Cards
The County encourages the use of County credit cazds when traveling on County business. The
credit cards can be used for registration, rooms, meals, gasoline and other expenses. The use of
County credit cazds helps eliminate the need for cash advancements and allows expenses to be
chazged directly to the County. Requests to use a County credit cazd should be made as early in
advance as possible. Credit cazds can be picked up from the Purchasing Manager.
Section 4 -Cash Advances
Cash advances are discouraged! However, if a cash advance is necessary, it must be requested
on the Travel/Training Request Form and approved by the Department Head and/or County
Administrator. After approval is received, a copy of the form must be submitted to the
Accounting Department not less than three (3) working days prior to the date needed. All
requests must include the account number the funds are to be charged against. Cash advances
must be accounted for on the Travel/Training Expense/Reimbursement Form and documented
with receipts. Any unexpected funds from cash advance must be refunded to the Accounting
Department within five (5) working days of the employee's return.
62
P52
Section 5 -Registration Fees
Requests for payment of registration fees shall be submitted as far in advance as possible. The
County will pay registration fees by credit card or check. In the event an employee pays a
registration fee, reimbursement shall be made to the employee. The registration fee shall be
submitted on the Travel/Training Expense/Reimbursement Form with a receipt or copy of a
cancelled check attached.
Section 6 - Mileage Reimbursement for use of Personal Vehicle
The County has a fleet of vehicles available for use. Employees needing to use a County vehicle
should make a request to their Department Head. In turn the department head shall coordinate
the use of the vehicle with the County Administrator's Office staff. Every effort will be made to
provide employees the needed transportation. If a County vehicle cannot be provided, the
County will reimburse the employee for mileage expenses incurred on their personal vehicle at
the current IRS mileage rate per mile. The employee must document the number of miles
traveled and record those on the TraveUTraining Expense/Reimbursement Form. All mileage
records should be accurate and aze subject to review and approval.
The County's mileage rate will change to conform to the State's without Boazd action. The
effective date of change will be the same as the State's effective date of change.
Section 7 - Overni hg t Lodging
Employees should submit requests for hotel accommodations to the Purchasing Department as
far in advance as possible so the Purchasing staff can make the reservations and confirm that the
County is being charged at the government rate. Hotel accommodations are typically charged to
the County's credit cazd. Generally, the reservation will be made at the hotel where County
business/training is being conducted. This saves the employee travel time and parking fees. In
the event there aze no vacancies at the hotel where the business/training is being conducted, care
will be used in the selection of another lodging facility to ensure the County is receiving the best
possible rate.
Section 8 -Meals
Employees should not spend more than a total of $40.00 per day on food for three meals. The
County Administrator must approve any variation from this.
Meals expenses must be reported on the TraveUTraining Expense/Reimbursement Form and
receipts attached.
63
P53
Section 9 -Air Travel
Air travel requires the advanced approval of the County Administrator. All employees are
expected to travel economy class and reservations should be made as far in advance as possible.
Air travel chazges may be paid by the County credit card or check. In the event an employee
pays air travel charges, reimbursement shall be made to the employee. Air travel expenses must
be reported on the Travel/Training Expense/Reimbursement Form with a receipt.
Section 10 - Caz Rental
Car rentals should be arranged in advance and should be at the government rate. Car rental
chazges will be paid by the County credit cazd or check. In the event an employee pays car rental
charges, reimbursement shall be made to the employee. Car rental expenses must be reported on
the Travel/Training Expense/Reimbursement Form with the caz rental contract and/or receipt
attached.
Section 11 -Other Expenses
While traveling on official business for the County, employees may incur expenses for parking,
tolls and gratuities. A receipt is only required if the expense exceeds $5.00. These expenses
must be reported on the TraveUTraining Expense/Reimbursement Form with receipts, if
required.
Section 12 - Continuing Education Classes
The County will pay the cost of tuition and books for classes that a full time, permanent County
employee enrolls in that are related to the job responsibilities of the employee's current position
or a position to which it is anticipated the employee may be promoted, provided the employee
successfully completes the course with a grade of at least a "C" average.
Upon completion of the class the employee must submit proof of completion and/or a copy of
their grade to the Payroll Clerk in the Accounting Department. This information will be placed
in the employee's personnel file. If the grade is less than a "C" average, the employee may be
required to make reimbursement to the County for the tuition and cost of any books.
The employee shall submit a County requisition with a copy of the registration form attached,
signed and approved by the Department Head and County Administrator, to the Purchasing
Department. Requests for books shall also be submitted on a County requisition. The County
will pay the tuition and cost of any books. In the event an employee pays the tuition or cost of
books for a class that has been approved by the Department Head and County Administrator, the
County will reimburse the employee. A copy of the registration form and a receipt must be
provided.
Section 13 -Expense Reports
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P54
PITTSYLVANIA COUNTY
VIRGINIA
f
Q~~~ b Y L Vq ~
William D. Sleeper w ~
o ~ Phone (434) 432-7710
County Administrator - .~~ o
~ ~ c Fax (434) 432-7714
P.O. Box 426 a ~ ~ z
~ `" ~ `~' y Gretna/Hurt (434) 656-6211
Chatham, Virginia 24531 ~ ~ ~' Bachelors Hall/Whitmell (434) 797-9550
dsleeper~pittgov.org L ~~`~~
Memorandum
To: All Pittsylvania County Boards, Agencies and Co fissions
. ,
From: William D. Sleeper, County Administrator ~~
Date: October 13, 2005
Subject: Travel, Training & Education Policy
Several questions have arisen concerning the changes in the Travel, Training &
Education Policy, particulazly in reference to travel outside of the Commonwealth of
Virginia. The intent of the Travel, Training & Education Policy was specially to cover
travel dealing with educational classes, seminars or training necessazy for employees to
benefit the performance of their job with the County of Pittsylvania. It was not the intent
of the travel authorization policy guidelines to interfere with the day-to-day requirements
of an employee carrying out their job, which may require them to cross the North
Carolina line as an example to reach other azeas of Pittsylvania County and / or to carry
out the requirements of investigations, such as the Sheriffs Department and Animal
Control Officers that may have to travel to North Cazolina.
Constitutional Officers themselves aze not employees of the County of Pittsylvania.
They are identified sepazately by the code and by the General Assembly for funding of
the actual officer. Therefore the County Employee designation under the Travel,
Training & Education Policy does not restrict the Constitutional Officer from taking
qualified trips that they feel necessary to carry out the functions of their job. The Board
of Supervisors request that Constitutional Officers adhere as closely as possible to the
requirements of the County's Travel, Training & Education Policy to insure consistency
in their general operation of reimbursements and funding by the County.
Therefore by this memorandum, I am designating that the Travel, Training & Education
Policy are designed specifically for travel and training dealing with conferences,
seminars, education training and association meetings and annual meetings.
P55
Memorandum to all Boards, Agencies and Commissions
Travel, Training & Education Policy
October 13, 2005
Page 2
The travel necessary to carry out the functions of a daily job, such as investigations by
the Sheriff's Office, investigations by Animal Control, and Building Inspections that may
require that they travel into North Carolina or other States in order to complete the tasks
of their daily job are not the intent of this Travel, Training & Education Policy.
Therefore daily work requirements of the Department of Solid Waste, Animal Control,
Building Inspections, Planning and the Sheriff's Office traveling across the North
Carolina line in order to carry out the functions of their duties are exempt from the
requirements of this Travel, Training & Education Policy. However, as designated all
other training outside of the Commonwealth of Virginia, it is not a requirement of a daily
job activity of the individuals and departments identified in this memorandum are
required to get prior approval from the Board of Supervisors for travel outside of the
Commonwealth of Virginia.
If you should have any questions concerning the designation and clarification of this
memorandum, please do not hesitate to contact my office.
WS/dc
Cc: Honorable Members of the Board of Supervisors
John P. Light, Legal Counsel
P56
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Letter of Support for Tobacco Application -Town of
Chatham
AGENDA DATE:
03-15-2011
ITEM NUMBER:
14
SUBJECT/PROPOSAL/REQUEST:
Tobacco Commission Application
STAFF CONTACT(S):
Gregory L. Sides
ACTION:
Yes
INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS:
Yes
REVIEWED BY:
BACKGROUND:
At the March 7, 2011 meeting of the Board of Supervisors, the Board voted to offer a letter of support for a
Tobacco Commission application to be submitted by the Town of Hurt. The Town is applying for funding to
modernize a water pump station, and the Town of Hurt will be responsible for the required local matching
funds.
DISCUSSION:
The County has received a letter from the Town of Chatham requesting a letter of support for an application
that the Town is submitting to the Tobacco Commission. The Town of Chatham is requesting $600,000 from
the Tobacco Commission to upgrade the Town's water treatment plant. In their letters, the Town points out
that the Chatham plant supplies all commercial users, industries and industrial parks, as well as any proposed
industrial parks, from White Oak Mountain to north of Chatham, near Dry Bridge, a distance of about 10
miles along the Route 29 corridor. The Town of Chatham will be responsible for the required local matching
funds
RECOMMENDATION:
Staff submits this request for a Letter of Support to the Board of Supervisors for review and approval.
P57
'~I,OWN OF CHATHAM
Mayor
JOSEPH H. ROGERS 16 Court Place
PO Box 370 Town Council
Town Manager
Chatham VA 24531 JANET BISHOP
EDMUND GILES
434-432-8153-Office WILLIAM BLACK
Clerk-Treasurer 434-432-0817-Facsimile ROY BYRD, JR.
J. DAVID COTHRAN chathamvaCu,comcast.net ALVIN R. CRIDER
Director of Public Works www.chatham-va.gov ROBERT B. THOMPSON
ROBERT H. HANSON ANDREW VVA1-L
February 28, 2011
Greg Sides
Assistant County Administrator
Pittsylvania County
P.O. Box 426
Chatham, VA 24531
Re: Town of Chatham Water Treatment Upgrades
Request for Support
Dear Mr. Sides:
This letter is to inform you that the Town of Chatham will be submitting an application to the
Virginia Tobacco Indemnification Commission (VTIC) for grant funds to assist with upgrades to the
Water Treatment Plant (WTP) that currently treats water that serves County facility. These upgrades
will address deficiencies that have been brought to our attention by the Virginia Department of
Health and the Town's engineering consultant. The primary focus of these improvements are to
satisfy VDH regulatory requirements and to increase the overall reliability and performance of the
WTP.
As you may recall in 2008, two major shutdowns of the Town's water system occurred, one which
resulted in the declaration of a local state of emergency causing a two day boil notice. During this
time the Town was required to issue a boil water notice and bring in water from outside sources for
its customers. These shutdowns were a result of deteriorated equipment and lines within the Town's
water system. The Town recognizes that due to the age of the Town's water system, deficiencies in
both the distribution system and at the WTP need to be addressed. As stated above, the initial
proposed project will address deficiencies at the WTP. A subsequent project will focus on
improvements to the Town's water distribution system.
Because water service is such an important aspect of operating a business we are asking for your
letter of support. This letter is vital for increasing the Town's chances to obtain grant funding for the
upgrade to the Water Treatment Plant. In your letter please indicated how our regional water supply
is important to future economic development for this area and how this water is vital for the use in
the Counties daily operations and describe any impact to the County operations that will occur (or
has occurred) if water service is interrupted. Due to the timely nature of this application, we ask
that you submit your letter to the Town Hall no later than March 17, 2011.
C:\User;\Owner\Documents\Tobacco Commission Grant\Lztters of Support for Tobacco Commission Grant.docx
P58
I want to Thank you in advance for your support in this matter and if you should have any questions
regarding the information contained in this letter please contact Edmund Giles, Town Manager at
(434) 432-9515.
Sincerely,
~v
s
osep H. Rogers
Mayor -Town of Chatham
P59
February 16, 2011
Virginia Tobacco Commission
Address
Reference: Town of Chatham Grant Request -Water Plant Upgrades
This letter affirms the unanimous approval of the Town of Chatham Council, given at its
regular meeting on February 14, 2011, for pursing a grant to help facilitate the upgrade of the
town's water treatment plant. The council acknowledges that an upgrade of the most critical
operational elements of the water plant is required to assure continued reliability, improve
efficiency, and to be capable of meeting evolving Virginia Department of Health regulations.
Using recommendations from the Preliminary Engineering Report (PER) completed in 2010, a
project has been configured to move forward on the plant improvements deemed most crucial to
assuring uninterrupted operation and reliable water supply to the town and county customers.
The existing water treatment plant provides the only source of processed water in central
Pittsylvania county from White Oak Mountain to north of Chatham near Dry Bridge along the
U.S. Highway 29 corridor, a distance of about 10 miles. The area served includes residential,
commercial and institutional customers within the town and the county. All industries and
industrial parks in this area rely on the town as the sole source of potable water. Also, five
schools and the Green Rock Correctional Facility depend on a reliable daily supply of water.
The town's plant is the only source of water available for any new economic development sites
and as such is crucial to development in the area. The aging plant is in urgent need of upgrades
that will allow it to be capable of meeting needs of any new business in the area in an efficient
and reliable manner. In summary, no significant development can occur in this part of
Pittsylvania County without reliable water supplies and the only source is the aging town plant.
Given existing financial Iimitations, the Town of Chatham is seeking assistance in
funding this project. Funds received will allow this work to move forward quickly and will aid in
positioning the area for any new customer base. The town respectfully requests your positive
consideration for grant funding to help facilitate execution of this project.
Joe Rogers
Mayor
P60
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Tobacco Application -Gretna Industrial Park
SUBJECT/PROPOSAL/REOUEST:
Discussion of application
AGENDA DATE:
03-15-2011
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ITEM NUMBER:
15
INFORMATION:
STAFF CONTACT(S):
Mr. Sleeper
ATTACHMENTS:
No
BACKGROUND:
The Pittsylvania County Board of Supervisors has reviewed and discussed the industrial parks and tobacco
applications at three meetings of the Board of Supervisors. At the last meeting of the Board meeting on
March 7, 2011, a motion was made to submit Tobacco Indemnification and Community Revitalization
applications for Brosville and Gretna Industrial Parks for preliminary engineering and grading of an industrial
pad at each park. This motion passed on a majority vote of 4-2.
DISCUSSION:
It appears to be discussion concerning the ability of the County of Pittsylvania to do the application for
Gretna Industrial Park when the land is owned by the Town of Gretna. This has been requested to be re-
submitted to the Board of Supervisors for their review and discussion.
RECOMMENDATION:
This is submitted to the Board of Supervisors for their review, discussion and action.
P61
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Request for Public Hearing- Pittsylvania County
Zoning Ordinance
SUBJECT/PROPOSAL/REOUEST:
Request for Public Hearing
AGENDA DATE:
03-15-2011
ACTION:
Yes
ITEM NUMBER:
l6
STAFF CONTACT(S):
Mr. Sleeper
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
Yes
INFORMATION:
BACKGROUND:
The Pittsylvania County Planning Commission held a public heazing on Tuesday, March 1, 2011, regarding
the proposed amendments to the Pittsylvania County Zoning Ordinance concerning accessory buildings. This
proposed amendment was to delete the following: An accessory building shall not dominate a principal
building in area, extent or purpose.
DISCUSSION:
The Planning Commission recommended by a 7-1 vote, with opposition, to the Board of Supervisors to
change the ordinance as submitted to them.
RECOMMENDATION:
Attached hereto you will find a letter submitted by the Pittsylvania County Zoning Director referring to the
references of the Planning Commission action. This is submitted to the Board of Supervisors for their
review, consideration and action.
P62
PT~r~rs~vANiA couNrrY
VIRGINIA
Departmeat of Code Compliance
P.O. Drawer D
Chatham, Vfr((inia 24831
Odic H. Shelton. Jr., Director
Phone Numbers:
Inspections (434) 432-7766
Zoning (434) 432-7761
Faz (484) 432-7919
dretna/Hurt (434) 666-8211
MEMORANDUM
TO: William .Sleeper, County Administrator
FROM: Odie H. Shelton, Jr., Director of Code Compliance
DATE: March 2, 2011
SUBJECT: Amendment to the Zoning Ordinance
The Pittsylvania County Planning Commission held a Public Hearing on Tuesday, March
1, 2011, regarding the proposed amendment to the Pittsvlvania County Zonin$
Ordinance. Chapter 35-Zoning, SEC.35-40.PRINCIPAL DEFINITIONS OF THE
ZONING ORDINANCE. Accessory Buildinu-to delete the following: An accessory
building shall not dominate a principal building; in area, extent or purpose.
This amendment was advertised in the Star Tribune on Wednesday, February 16, 2011,
and Wednesday, February 23, 201 1.
The Planning Commission recommended by a 7 to 1 vote, with opposition, to the Board
of Supervisors the proposed change to the ordinance as submitted to them.
The opposition was submitted by Karen Maute and Barbara Hudson, and they desired for
the definition of an accessory building to remain as it is and to require a Variance be
obtained in the event someone desired an accessory building larger than their dwelling.
Please see attachments handed out by Karen Maute.
Should you have any questions regarding this matter, please feel free to contact me at any
time.
OHS, Jr. /khb
Attachments
C: J. Vaden Hunt, County Attorney
P63
~ariauce ~lanc~ use)
~'r~r ~~dci~edia, tfre ~ encyclopedia
.~- v~erianae is a n~ deiort from the sex of ntle~ a mrtai~-~alitg applies to land use known as a
zonixtg ord~nartse, building code ar municipal code. Lt today°~ la•d use approval ertvironmerrt a variance
rr cart 6e a fataol i~aw for sarnetlring as "insignificanat" as a ~ €xartn a arurricipai sign
Couteu~s
• t tPtr~osc
• 2 T'}
• 3 Fracedure
• 4 ~e also
w S T:tcfcrs
• 6 Extents! links
Purpose
I~serttially, vanaarae is an administrative exceptian ¢o IaQd ecse regufatiaus. wally, it is applied when.
the m~~ weals to avoid. compensating a landau for malci~ng file tandowtrer render changes to
the tea! property to rtratce it carttp[y with the zoning regulation. ~~ ar+e required in. the United
Mates in order to prevent a regulatory taking.
To avoid a taking, four factors for a variance include G 1) uny hardship; (2) needed for
reasoaab~e use, (3) trot alter essential character of neigirborl~ood, (~) intrusive sotution.f f l
Aa exarnpte: suppose a "[ow density residetttiat" zone requires tta~ a. hoerte have a. setback (the distance
frost the edge of the property to t[te edge of the buitdereg) o€nra lei !QA feet (30 m). If a particular
pcc~seerty were cxtly ItY41 feet (3~Q m) deep, it would be ia~possi[sle to build a [louse on the property,
potentially hotting irr an unlawful regulatory takistg, A variance cxisrg the property from the
sezbacfc re~gtilauan would atlaw a house to be built.
Types
An arcs variance occurs when an odd. confi.guratiaa of the laird. requrr+es a single relaxation of the
appticabte regulatioa~ such. as a setback or a rtriniatum hoar area.
~1- use vaxiaetce is a variance that allows a nonconformistg use att'~ the imptearentation of the zoning
regulation ar other applicable taw. This is more difficult to acquire than an area variance and is open to
art attack ~rf Spat zoning.
~irilntt
P64
Procedure
Variances are typically only granted aftu ~ a ~ oevr~ Qr~ncess agai~tst specifeed
approvaE criteria.. ~4lthough review criteria vary tSrona~~ to jurisd%c#ion, itrree basic cnier%a are
eomruon to the vast usafarity of varian+et ordi~:
'The variance is required due to specifrc site c~iiiox~ (property confr~uration, phY, soil
conditions, etc.), which causes esarF- ~ to la~mdaurner,t~
Granting the variance witE not result in a End ~ pr~lic Eu~Ede ar safety, and,
Graniing the variance wit[ not result iu a grant of privd'ege to the property a~mer (in other
words, any other properly owner w~dC ~ site citxoas eauEd obtain a similar varrance: ibis
criterion is often addressed by citing prercdent~
+See a180
^ Zaning
^ Spat zcming
^ 7on~ctg in tEre United States (lend use}
^ Special use pcrntit
• 1~Fonconforming use
References
I. ^ Pec-nsylvania Coal
2. ^ [kvercaux
Paternal links
. Scl~indteds Land Use Page (Michigan Slate Uaiversity~ ~~. lJaad Use Team) I E
(E~:f/web l ,mane,msu.edufwexford/I,[~~u~ex.Es~E~
^ Land Policy Ertstituie ai tarlicbigan State E~aiversity ~2j
~P:ffwww.(andpolicy.msu.eduft.c~dcx.Eusnl~
t use)"
• This page was test modified on 28 p'elnuary 2EllQ at 22:4.
^ Tcxt is available under the Creative Commons Aii~nibat SE~arealilte License; additional teems
may apply, See Terms of Use for details,
VVikrpedia®is a registered trademark of tEur ~~nedi~a ~'oundatiosi, lnc., a non-profit
organization,
htip:/len.wikiped ia. orgfwikiNariance_(land_use)
3f I !20 l i
P65
,~~f , vaieir~ C.outty' ZosesQ Ordinance -
F~irifa~rEC - , iia a~ppkeatioRC of a zoaiag (kdmanoc, a ae~or~lr~e dlewi~tuaa tie
proms c the ~eze or a~ o6a lot or parcel of bad, or- the sum, , Iba1lc or bc.~rtno~a
of'z ox s~uttu~+e whoa the atricx application of tl~ Ordiaaacc w+oald trarr~t i~c
unaeuat~y or usrc~fanablc hardship to the property owner, aaQ sncl~ a~e~ed for a wariatav~e would
act be t Sll3` b1` other proptct%es, a~uf providcd soh var~oe i~ set chary to the
inteadc~ sad pt+rp~e of the Otde'itanrc, and would resulc iA aat~l,ju~icc bang doac.
~C'etde cif V`irgraa~ de~raftioa). Abro, ertaMfaheatcat or expaa»si~oa o4'a uac ~c
si>al~ act be allowed hY variancc, nor stasal(. a variancc be gracKcd bec of the pr+raeetrc of
aAncoafaraeatite tithe zoni~ag dis+tr%et or adjbiniag districts.
P66
Wiz:?tii7:.;._
~~
P67
~. ~ and meut%cipalities may, by or+di~earecaes im
j[tn'~d~ic~io~n, create a joint
BZA. '1~ IDeuaber~a $rom each ~ID'i~n sad one mearaber at large ane appointed
by the c-xrtait court.
5. '~Vhst A~'e the i~ov~rers of the Board Of Zonire~ p?
The BZA shall:
~ Hear and decide appeals fro:ee any order., requirete>etet, ~& ~' deterneueation
e by ~ zoning administrator or an admiuistr~tive isg in e~oxcing or
the zoning ordinance. Aggzlieved ~~ ass notif ed iu writing that
apteeals must be scads within thirty days,
B, Aalthrxire, upon request in specific cases, variaixaea the terms of the zoning
ordia~e that are eiot contrary to the public intec+aelr.:
~x$ VVI~i~ to special conditions, a literal et:Eoc~, of the provisions of the
zoning ordinance will result in unnecessary anal undue hardship;
~~~ ~aheti such hardship is not shared generally by p~p~ ~ the same
zoning disix~ict and the same vicinity;
~3- Wleesx flee suthatizatioo of such variance will not be of sub+aiantial detriment to
p~p~Y ~ change the character oF" the dish.
~. Hear and decide applications for interpretation of a zoeaiisg dis~ct, map where there
is uncertaieity ss to the location of a d.istrect b'~
D. Hear sad decide applications for special exceptions ~etse pernrits~ authorized by the
zoning ordinance provided the BZA is permitted by the ordinance to consider such
eueeptiAns.
l~. FYx a r~essoeiable time, give public notice and notify ileterested p ~ ~ oa
apAh~ or appeals and decide the matter within ninety days.
In exercising these powers, the BZA may reverse or affirm, wholly or partly, or. modify
say order; recgarireneeat, decision or determiustrion uAder review Iiow-eae~ the Iaw does
sot grant. a BZA flee poorer to rezone property.
B. ~V~af ~tre the Aci~nin~trative Respons~bF~it~ ctt ~ Board ~ Zonings ~-ppeals?
~A. The BZA shall;
E1) M'af~e, alter; or rescind riles and forms for its procedures coersistent with
the zoning ordinance;
(,2) Ii:eep minutes of fts proceedings, which include: tEie ante of e~h member on
esGh quest%n, and records of its investigations anal other. official actions;
P68
Plaruting Commission Public Heariing C 241„ liWarctt 1, 2011
Chapl~ 35-Zoning, Sec. 35-40, Prinapaf Oe~ of tfhe Z,oniing O,ro*ir~ar~oe aboard remain as
is, wisteocct amendment, regarding the defireifioct of act "atooeasocy~ tg".
/fcc~~svry i3ulldHeg ~ A subordinate building tocaHed on tote sanwe ivt as tl'te priXtapaf building,
acrd t(fee use of which is arstomarily associated w and incidentail to {he use of the principal
bu~dirtg. An accessory building shelf not dominate a prig bcrffdiceg in arm, extent or
purpose. Art accessory building that is attadeed tci and ie ace
building Ef~r location, materials and architectuural desi sifea~ ~ ~ a pratc{paf
gre} gcwecreed by fhe regulations for
prirtpp®d buildings in this Ordinance,
How w~ you determine the "prirtdpat building" or "maim ~ for ttt~e ptspose of enforang
the zoning ordinance? Use of setbacks only for detestniniirtg which be,dcfiing~s on a property are
considered accessory or principal should not be deemed acoe€etable: Besides consideration of
aesthetics and poterrtfal effect on adjoining propcatres,. there is ace ~y important, but
hopefully not overlooked reason for spewing the d~cti~oct of a~ssocy ~ remain as is. There
needs to be no ambiguity regarding pringpai strex~uure and a buffdrng regarding
emergengr response.
SEC. 35.74. ACCESSORY AND TEMPORARY BU~.OI'iVQS: ,, reads:
"~, latent; Special requirements are designed for ac~ssocy and temporary be>;ldings to inure
ample access for emergency vehicles, maintain fire etv~enes~s of rear and side yard
rectuirements and Ensure accessory stnu~ures remsrin s ire ittcctc~on lA the main
building"
ff the accessory structure is not seen as the "meat bua~rng" or "~rirtcipat bcrildieeg" in an
emergency scenario,. loss of !ffe is more Likely to reaait.
The sentence, "An accessory building shall not dorr>~ate a prtcecipat btalding in area, extent a
puupose", nwst remain in piece and not be defeated, if this its deieted~ ~ the intention that all
accessory buildings may dominate a prindpal building iR area, extent artd purpose? Doesn`t
that make, in essence, the principal building the accesso>~
`°Accessory budding", "accessory structure" and "accessory used"are mentioned through-out the
zoning ordinance: Can they be used irfterchangeabty? kfFow ~ ~ definition of
`"acxxsaory building" affect these applications?
"Accessary building" „accessory structure" end "aroessory uses'" are menffoned murtipfe times
in every zoning designation in the zoning ordinance. The ram4icataores o~f deleting, "An
accessory building shalt not dominate a prirtapal bvildutg lire ac+ea,. extent or purpose" will affect
ail zoning designations and compromise any existing integrity of tree ordinance,
There is a process through the Board of Zoning Appears by which art ir-divid<rat may seek a
variance ff the a provision of the result in zoning ordinance canes "e-ncteccesary and undue
hardship". This process and resulting variance better insures that tt~eere are no contraindications
to the public fntarest, the variance will not result in substant~ de#rrmertt f+ct adjacent property or
change the character of the zoning district, and insure that county fire and rescue peroonnef can
work effectively.
Karen 8. Maute, Westover District
P69
APPOINTMENTS
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Re-appointment-Pittsylvania County Representative to
the Dan River Alcohol Safety Action Program
(ASAP)
AGENDA DATE:
03-15-2011
ACTION:
Yes
ITEM NUMBER:
17
INFORMATION:
SUBJECT/PROPOSAL/REOUEST:
Board Re-appointment
CONSENT AGENDA:
ACTION:
INFORMATION:
STAFF CONTACT(S):
William D. Sleeper
ATTACHMENTS:
Yes
BACKGROUND:
The Dan River Alcohol Safety Action Program (ASAP) develops and implements the operational and
personnel policies of ASAP in keeping with the needs of the Courts as they relate to the drinking driver
problem. This program provides services to the Courts of Franklin County, Henry County, Patrick County,
Pittsylvania County, and the Cities of Danville and Martinsville. ASAP Board members serve a three (3)
yeaz term.
DISCUSSION:
The term for Teresa Easely, ASAP representative for Pittsylvania County, will expire March 31, 2011. Ms.
Tammy Goad, Executive Director fo the Dan River ASAP, respectfully asks the Pittsylvania County Board of
Supervisors to consider the re-appointment of Ms. Easely as the representative for Pittsylvania County to the
Dan River ASAP Policy Board.
RECOMMENDATION:
Staff submits this to the Board of Supervisors for their review, consideration and approval.
P70
Main Office
147 Deer Run Road
Danville, VA 24540
(434)791-5331
(434) 791-5437 fax
February 10, 2011
Pittsylvania County Board of Supervisors
William Sleeper, County Administrator
PO Box 426
Chatham, Virginia 24531
RE: Appointment to Dan River ASAP Policy Board
Dear Mr. Sleeper:
Satellite Office:
900 Starling Avenue, Suite B
Martinsville, VA 24112
(276)632-2637
(276)632-0255 fax
According to our records, the appointment of Teresa Easley to our Policy Board as a
County of Pittsylvania representative will expire on March 31, 2011.
We would appreciate you bringing this to the attention of the County Board of
Supervisors at their next meeting for the purpose of re-appointing Teresa Easley or
appointing another person.
Your cooperation and prompt attention to this matter will be greatly appreciated.
Sincerely,
Tammy Goad,
Executive Director
Cc: Teresa Easley, Dan River ASAP Policy Board member
Serving the cities of Danville and Martinsville, and the counties of Franklin, Henry, Patrick and Pittsylvania
P71
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE: AGENDA DATE:
Appointment-Pittsylvania County Representative to 03-15-2011
the Danville Community College Board
SUBJECT/PROPOSAL/REOUEST:
ACTION:
Yes
Board Appointment
STAFF CONTACT(S):
William D. Sleeper
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
Yes
ITEM NUMBER:
18
INFORMATION:
INFORMATION:
BACKGROUND:
DISCUSSION:
The term for Ruth F. Brown to the Danville Community College Board will expire June 30, 2011. Ms.
Brown has already served 2 four (4) year terms on that board and is not eligible for re-appointment. Mr. B.
Carlyle Ramsey, President of Danville Community College, respectfully requests the Board of Supervisors to
appoint a replacement for Mrs. Brown when her term ends June 30, 2011. (See Attached Letter).
RECOMMENDATION:
Staff submits this to the Board of Supervisors for their review, consideration and approval.
P72
Serving Danville F~1~11u~sax Canty Pittsyl~ania County
®a11Vt8~~ ~~!llD'D~D'~~~D~~ ~~Q~~~~ 1008 ~atatta t~/)a~7 ~thre~°t ~anvi4le. Virgi~ria 24541-4004
February 17, 2011 ~~-~~~.2222 ~'~:434.7g~.8542
I~a~::4~4.~87.8s~41 i~dCl!lLd~+ cs.ed~
1~~~~ V
D
Mr. W. Dan Sleeper F E ~ 2 F 2011
Pittsylvania County Administrator
P. O. Box 426
Chatham, VA 24531
Dear Dan:
Mrs. Ann F. Brown's four-year appointment to the Danville
Community College Board will end on June 30, 2011. Mrs. Brown was
appointed in July 2003 and is not: eligib~e for reappointment. Therefore,
I would respectfully request. that the 13oar~d of Supervisors appoint a
replacement for Mrs. Browr_. She has served with distinction, and we
regret that she is inelig:b~.e f:or reappointment.
Please feel free to contact me if you need any additional
information.
Very sincerely,
~-
B. Carlyle Ramsey
President
gb
c: The Honorable Tim Barber, Chair
Mrs. Ann F. Brown
An Equal OpportunityiAffirmative Action College Member, Virginia Community College System
P73
CLOSED
MEETING
REPORTS FROM
BOARD
MEMBERS
REPORTS FROM
LEGAL COUNSEL
REPORTS FROM
COUNTY
ADMINISTRATOR
ADJOURNMENT