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10-18-2011 Adj MeetingAdjourned Meeting October 18, 2011 Pittsylvania County Board of Supervisors Tuesday, October 18, 2011 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, October 18, 2011 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Tim R. Barber, Chairman, called the meeting to order at 7:02 p.m. The following members were present: Tim Barber Tunstall District James Snead Dan River District William H. Pritchett Banister District Coy E. Harville Westover District Fred M. Ingram Callands-Gretna District Marshall Ecker Staunton River District Henry A. Davis, Jr. Chatham-Blairs District Mr. William D. Sleeper, County Administrator, Mr. Greg L. Sides, Assistant County Administrator, Mr. J. Vaden Hunt, County Attorney, Mr. Odie L. Shelton, Jr. Director of Code Compliance, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Snead led the Pledge of Allegiance. Approval of Agenda Motion was made by Mr. Harville, seconded by Mr. Snead, to approve the agenda with the following addition: (a) Closed Session : Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; and consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. Authority: Virginia Code § 2.2-3711(A)(7), 1950, as amended Subject Matter: Jane Doe vs. Pittsylvania County, Virginia and the Pittsylvania County Board of Supervisors Purpose: Briefing by Legal Counsel Mr. Harville’s motion was unanimously approved by the Board. Hearing of the Citizens Mr. Richard Shumate of the Westover District made comments supporting the Board of Supervisors stand on prayer. This concluded the Hearing of the Citizens Consent Agenda (a) Resolution – Renan Volunteer Fire Department 50th Anniversary (b) Resolution- Riceville Missionary Baptist Church 145th Anniversary (c) Regional One – November (d) Resolution for Intersection Upgrade: SR726/SR729 Motion was made by Mr. Ecker, seconded by Mr. Harville, to approve the Consent Agenda as presented, which was unanimously approved by the Board. Adjourned Meeting October 18, 2011 Members present from the Renan Volunteer Fire Department were presented with a resolution congratulating the fire department on their 50th anniversary. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2011-10-05 VIRGINIA: At the adjourned meeting of the Pittsylvania County Board of Supervisors held in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia on Tuesday, October 18, 2011, the following resolution was presented and adopted: WHEREAS, the Renan Volunteer Fire Department was one of the first rural Fire Department in Pittsylvania County, chartered in the fall of 1961; and WHEREAS, Mr. Charlie Franks was asked by the charter members of the Renan Volunteer Fire Department to serve as the fire department’s first chief; and WHEREAS, over the past 50 years the department has had nine chiefs: Charlie Franks- 1961-1964; Carlton Hutcherson -1965-1967; Garland Shelton – 1968-1971; Frank Worsham - 1972-1973; Garland Shelton -1974; Charlie Franks -1975-1992; Paul Barbour -1993; Kenneth Hutcherson -1994-2000; Dale Crews -2001-2008; and Scott Hutcherson-2009-Present; and WHEREAS, after working out of the Agricultural Building at the Renan School the first year, in February 1962, Robert Reynolds donated a tract of land for a building site and a building was erected the following year which continues to serve as the site for the Renan Volunteer Fire Department; and WHEREAS, in the late 1970s, a second addition was made to the building, and a third edition was added in 2005; and WHEREAS, from its creation until now, the department has upgraded from the one vehicle, a 1952 oil truck with no pump, to five vehicles – one crash truck, one mini-pumper, two pumpers and one tanker; and WHEREAS, when the department originated, the minimum age was 21 years old, and today the age has been lowered to 18 years old and, there is also a program for firefighters 15-18 years of age; then BE IT RESOLVED that the Board of Supervisors of Pittsylvania County, on the behalf all of the citizens of Pittsylvania County, congratulate and thank the Renan Volunteer Fire Department and its members for its 50 years of service to the citizens of Pittsylvania County and the Board of Supervisors wishes the Renan Volunteer Fire Department and its members a safe and successful future providing protection to the citizens of Pittsylvania County; and BE IT FURTHER RESOLVED that a copy of this Resolution be presented to the Renan Volunteer Fire Department. Adjourned Meeting October 18, 2011 Reverend Ronnie R. Walker and members of the Riceville Missionary Baptist Church were presented with a resolution congratulating them on their 145th anniversary. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2011-10-04 VIRGINIA: At the adjourned meeting of the Pittsylvania County Board of Supervisors held in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia on Tuesday October 18, 2011, the following resolution was presented and adopted: WHEREAS, the Riceville Missionary Baptist Church was organized in 1866 and their meeting place was a room on the west corner of the Rice’s Meeting House (now First Baptist of Riceville). Reverend John L. Glass, pastor of the First Baptist Church of Riceville, preached and conducted funerals from 1866 to 1876 for the Riceville Missionary Baptist Church; and WHEREAS, on October 20, 1876, Claw Hairston Scott was the first black minister to preach; and WHEREAS, the Riceville Missionary Baptist Church trustees purchased property on December 30, 1885 located on Route 640 where they worshipped tor approximately twenty eight years.; and WHEREAS, on December 13, 1913, Riceville purchased their present lot for 100 dollars which its first church on site was built in 1914 by Reverend J.C. Banks who was serving as their pastor and, as the congregation grew there was a need to expand and more land was purchased on July 14, 1936 and again on February 18, 1942; and WHEREAS, in 1968 the cornerstone for the present building was laid and the Church was dedicated to the Lord in April 1969 under the pastoral leadership of Reverend Bennie Williams; and WHEREAS, in 1995 additional property was purchased to build the new Family Life Center and the dedication and ribbon cutting was held on October 22, 2005; and WHEREAS, the Reverend Ronnie R. Walker became the pastoral leader of the Riceville Missionary Baptist Church on October 11, 1996, and was installed on the 1st Sunday in February, 1997, and continues to lead the Riceville Missionary Baptist Church congregation; and WHEREAS, the Riceville Missionary Baptist Church has continued to spiritually grow enormously under the pastoral leadership of the Reverend Ronnie R. Walker with more than 250 member and 15 Ministries; then BE IT HEREBY RESOLVED, The Pittsylvania County Board of Supervisors congratulates the Riceville Missionary Baptist Church in its 145th year anniversary of faithful worship, their unwavering spirit for continuous growth despite social pressures and economic limitations of each era, community service and missionary works, and wish the Riceville Missionary Baptist Church and its congregation many more years of blessings; and Adjourned Meeting October 18, 2011 BE IT FURTHER RESOLVED, that a copy of this Resolution be presented to the Riceville Missionary Baptist Church. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2011-10-03 VIRGINIA: At the adjourned meeting of the Pittsylvania County Board of Supervisors held in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia on Tuesday October 18, 2011, the following resolution was presented and adopted: WHEREAS, there has been significant traffic problems at the intersection of State Route 726 and State Route 729 due to the clustering of three (3) of Pittsylvania County’s schools; and WHEREAS, there are commercial facilities at all corners of this intersection requiring additional turning movements and traffic congestion; and WHEREAS, there have been a number of accidents over the years at this intersection due to the heavy amount of traffic; and WHEREAS, the Pittsylvania County Transportation Safety Board has recommended the improvements to this intersection for safety purposes; then BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors respectfully request the Virginia Department of Transportation to make necessary alignment and safety improvements to the intersection of State Route 726 and State Route 729 as well as the commercial entrances to the businesses incorporated into that intersection project modifications; and BE IT FURTHER RESOLVED, that a copy of this Resolution be forward to the Lynchburg District Office for the Virginia Department of Transportation. Public Hearings Rezoning Cases Case 1: Don Roscoe Gauldin & Joanne Womack Gauldin – Westover District: R-11-037 MHP, Residential Manufactured Housing Park District to A-1, Agricultural District Mr. Barber opened the public hearing at 7:13pm. Mr. Shelton explained that Don and Joanne Gauldin had petitioned to rezone a total of 20.08 acres, six parcels, located on State Road 1132/Old Mayfield Road, in the Westover Election District from MHP, Residential Manufactured Housing Park District to A-1, Agricultural District (to allow for construction of a dwelling for their personal residence). The Planning Commission, with no opposition, recommended granting the petitioners’ request. Don Gauldin was present to represent the petition. No one signed up to speak and Mr. Barber closed the public hearing at 7:14pm. Motion was made by Mr. Harville, seconded by Mr. Ecker, to approve rezoning Case R-11-037 from MHP to A-1. The following Roll Call vote was recorded: Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Davis-Yes; Mr. Snead-Yes; and Mr. Barber-Yes. Mr. Harville’s motion was unanimously approved by the Board.. Adjourned Meeting October 18, 2011 Case 2: Woodrow F. Hancock, Betty C. Hancock & Jason W. Hancock-Tunstall District: R-11-038 M-1, Industrial District portion to M-2, Industrial District, Heavy Industry) Mr. Barber opened the public hearing at 7:16pm. Mr. Shelton explained that Woodrow F. Hancock and Others had petitioned to rezone a total of 10.37 acres, two parcels, located on State Roads 703/Tightsqueeze Road and 1438/Tightsqueeze Industrial Road, in theTunstall Election District from M-1, Industrial District, Light Industry to M-2, Industrial District, Heavy Industry (to obtain a license from the Department of Motor Vehicles (DMV) in order to buy salvage vehicles for resale). Mr. Hancock had also submitted a proffer located in the Board Packet, which reads as follows: (1) We proffer to the Pittsylvania County Board of Supervisors to not store any salvage cars on the petitioned properties to be rezoned. (2) Should we decide to store salvage cars on the properties under petition, we will provide a site plan approved by Pittsylvania County, complying with all local and State code requirements and develop according to site plan. The Planning Commission, with no opposition, recommended granting the petitioners’ request with proffer. Woodrow Hancock was present to represent the petition. No one signed up to speak and Mr. Barber closed the public hearing at 7:18pm. Motion was made by Mr. Snead, seconded by Mr. Pritchett, to approve the petitioner’s request, which included the proffer, to rezone Case R-11-038 from M-1 to M-2. The following Roll Call vote was recorded: Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Davis-Yes; Mr. Snead-Yes; Mr. Pritchett- Yes and Mr. Barber-Yes. Mr. Snead’s motion was unanimously approved by the Board This concluded the rezoning cases. Proposed Amendment to Pittsylvania County Code, Chapter 31-Fire Prevention; Section 31-3.1(b)(8)-Service Fee for Emergency Ambulance Transport-Definitions and Subsection 31-3.3(g)-Billing. Definition of “Immediate Family Member” Mr. Barber opened the public hearing at 7:20pm. Mr. Sleeper explained the proposed amendment had come on the recommendation of the Emergency Medical Advisory Committee (EMAC) that set up the required pricing and guidelines for ambulance billing in Pittsylvania County. EMAC advised that Chapter 31-3.1 (b)(8)-Service Fee for Emergency Ambulance Transport-Definitions; the removal of the definition of Immediate Family, and additionally, this would affect Subsection 31-3.3(g) Billing, in which the definition would also be eliminated. EMAC stated the family members of the family members of emergency medical members should be billed like everyone else since generally their insurance providers covered this charge. No one signed up to speak and Mr. Barber closed the public hearing at 7:21. Motion was made by Mr. Harville, seconded by Mr. Ecker, to approve the amendment to Chapter 31 as recommended by the EMAC, eliminating the Immediate Family Member definitions and references. The following Roll Call vote was recorded: Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Davis-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes and Mr. Barber-Yes. Mr. Harville’s motion was unanimously approved by the Board. Proposed Amendment to Pittsylvania County Code, Chapter 5-Cemeteries: Proposal to add an approximated 1-acre tract of land to be used as a cemetery for the New Chapel Church in Gretna, Virginia. Mr. Barber opened the public hearing at 7:22pm. The Reverend Jerry Jones, of the New Chapel Church, was present to represent the proposed amendment request. Mr. Sleeper explained that the New Chapel Church of Gretna, Virginia, was again before the Board requesting Chapter 5 of the Pittsylvania County Code be amended to allow the church to establish an approximately 1- acre tract of land to be used as a cemetery on SR 763/Weatherford Road, in the Staunton River Adjourned Meeting October 18, 2011 District, which is a completely different location than the church’s request in May 2011. Mr. Sleeper stated that the property did meet the criteria established in §57-26 of the Code of Virginia, 1950, as amended, in relation to location of cemeteries on private property. The first person signed up to speak was Mr. Robert Huggins who lives on Weatherford Road. Mr. Huggins was concerned about the possible decrease in surrounding property values if a cemetery is established and raised concerned about required setbacks of the proposed cemetery. Mr. Ricky Childress, also a resident of Weatherford Road and believed his property to be adjacent to the proposed cemetery, raised concerns on the proximity of the cemetery to his property. Mr. Sleeper pointed out Mr. Childress’ property and the proposed cemetery site on the advertised map and stated the two sites would be approximately 4000 feet apart, along the highway, from each other. Ms. Virginia Newman, who also lives on Weatherford Road, questioned whether the cemetery could be moved to another location or expanded once the Board approves it. Mr. Sleeper stated that once the Board approved it, the cemetery could not be expanded or re-located without coming before the Board again and amending Chapter 5 of the Pittsylvania County Code. Ms. Newman also stated her concerns about ground contamination since in the State of Virginia a vault is not required for burials and it appeared that Rev. Jones planned to have the cemetery across the road from her property. Mr. Sleeper again pointed out the location of the cemetery on the advertised map at being on the far of end Weatherford Road, which was approximately 4000 feet from her driveway. Ms. Newman’s final question was why the New Chapel Church, located on Summerset Road, was not putting the cemetery near their church since there appeared to be an abundant amount of open landing surrounding the church. Mr. Snead addressed Rev. Jones with this question and Rev. Jones’ response to Mr. Snead was that his request to place the cemetery on Weatherford Road met the criteria of the Code of Virginia. No one else was signed up to speak and Mr. Barber closed the public hearing at 7:33pm. Motion was made by Mr. Ecker, seconded by Mr. Ingram, to approve the request of the New Chapel Church to amend Chapter 5 of the Pittsylvania County Code to include a 1-acre cemetery on Weatherford Road as the church’s cemetery. The following Roll Call vote was recorded: Mr. Ecker-Yes; Mr. Davis-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville- Yes and Mr. Barber-Yes. The Board unanimously approved Mr. Ecker’s motion. This concluded the public hearings. Unfinished Business At the October 3, 2011 meeting of the Board of Supervisors, motion was made by Mr. Harville, seconded by Mr. Ingram, to approve the following reappropriations: $250.00 to Sheriff-Towing Charges (100-4-031200-3170), $1,442.78 to Sheriff-Parts (100-4-031200-6030), $2,878.85 to Sheriff-Labor (100-4-031200-6031), $317.09 to Fire & Rescue-United Way (100-4- 032200-5667), $98.47 to Extradition (100-4-033100-5550), $30.00 to Animal Control-Donations (100-4-035100-5883), $250.00 to Ag Development-Office Supplies (100-4-082500-6001), $15,585.57 to WIA-Rent (251-4-353160-5420), $761.00 to WIA-Other Operating Supplies (251- 4-353853-6014). This motion required a 10-day layover that had now been met. The following Roll Call vote was recorded: Mr. Davis-Yes; Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram- Yes; Mr. Harville-Yes; Mr. Ecker-Yes; and Mr. Barber-Yes. Mr. Harville’s motion was unanimously approved by the Board. New Business The following motions came from the Finance Committee meeting, which met at 5pm, October 18, 2011, prior to the Board of Supervisor meeting. (a) School Appropriations as followings: Instruction 596,339.70 Admn./Attend & Health Svcs 31,650.00 Adjourned Meeting October 18, 2011 Pupil Transportation 78,800.00 Operation & Maintenance 48,445.00 Non-Instructional Operations 71,050.00 Technology 14,860.00 Facilities 240,308.00 Total $1,081,452.70 The following Roll Call vote was recorded: Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Davis-Yes and Mr. Barber-Yes. Committee motion was approved by the Board by a unanimous vote. (b) Motion to approve the Danville-Pittsylvania Regional Industrial Facility Authority Support Agreement and Financial Documents-Resolution 2011-10-07; Resolution 2011-10-08 and Resolution 2011-10-09. The following Roll Call vote was recorded for Resolution 2011-10-07: Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Davis-Yes and Mr. Barber-Yes. Committee motion was approved by the Board by a unanimous vote. The following Roll Call vote was recorded for Resolution 2011-10-08: Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Davis-Yes and Mr. Barber-Yes. Committee motion was approved by the Board by a unanimous vote. The following Roll Call vote was recorded for Resolution 2011-10-09: Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Davis-Yes and Mr. Barber-Yes. Committee motion was approved by the Board by a unanimous vote. RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF PITTSYLVANIA, VIRGINIA APPROVING AN ASSIGNMENT OF FUNDS TO BE RECEIVED FROM THE VIRGINIA TOBACCO INDEMNIFICATION AND COMMUNITY REVITALIZATION COMMISSION 2011-10-07 WHEREAS, County of Pittsylvania, Virginia (the “County”) and the City of Danville, Virginia (the “City”) are jointly developing an industrial park to be owned by the Danville-Pittsylvania Regional Industrial Facility Authority (the “Authority”), to attract industries and promote economic development; and WHEREAS, the County and the City desire, in conjunction with the Authority, to finance, as part of the development of the industrial park, land acquisition and related capital expenditures (the “Project”); and WHEREAS, the Authority now proposes to undertake the financing of the Project, including necessary expenses incidental thereto, by the issuance of its fixed rate bonds in an aggregate principal amount not to exceed $13,700,000 (the “Bonds”); and WHEREAS, the principal of, premium, if any, and interest on, the Bonds and other costs relating to the issuance thereof (collectively, the “Debt Service”) are to be paid by the Authority from funds that are subject to appropriation in each fiscal year by the County and the City, with the City and the County each being responsible for one-half of such Debt Service; and Adjourned Meeting October 18, 2011 WHEREAS, the Virginia Tobacco Indemnification and Community Revitalization Commission (the “Commission”) has adopted a Resolution (the “Grant Resolution”) stating its intent to allocate and pay $2,901,987.50 to the City (the “City Grant”) and $2,901,987.50 to the County (the “County Grant”) for the payment of a portion of the Debt Service; and WHEREAS, in connection with its purchase of the Bonds, Davenport & Company LLC desires that the use of the City Grant by the City and of the County Grant by the County for the payment of Debt Service as provided for in the Grant Resolution be formalized in an Assignment Agreement, dated as of November 1, 2011 (the “Assignment Agreement”), among the City, the County, the Authority and the bond trustee; and WHEREAS, the Assignment Agreement has been presented to the Board of Supervisors of the County (the “Board”) in substantially final form; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF PITTSYLVANIA, VIRGINIA: Form and Authorization of Assignment Agreement. The Assignment Agreement is hereby approved, with such variations, insertions, changes or deletions (including without limitation changes to the date thereof) as may be approved by the Chairman or the Vice Chairman of the Board or the County Administrator. The execution and delivery of the Assignment Agreement are hereby authorized. Execution and Delivery of Assignment Agreement. The Chairman and the Vice Chairman of the Board and the County Administrator, any of whom may act, are each authorized and directed to execute the Assignment Agreement on behalf of the County. The Clerk and Deputy Clerk of the Board of the County, either of whom may act, are each authorized and directed to affix the seal of the County to the Assignment Agreement (if required), attest the seal (if required) and deliver the Assignment Agreement to the other parties thereto. Further Actions. The Chairman and the Vice Chairman of the Board and other officers and agents of the County, including the County Administrator and the Finance Director, are authorized and directed to take such further actions as they deem necessary regarding the execution and delivery of the Assignment Agreement, including, without limitation, the execution and delivery of any closing documents and certificates relating thereto. All such actions previously taken by the Chairman, Vice Chairman or such officers and agents are hereby approved, ratified and confirmed. 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 an officer, employee or agent of the County in his or her individual capacity, and no officer of the County executing the Assignment Agreement shall be liable personally on the Assignment Agreement or be subject to any personal liability or accountability by reason of the execution and delivery thereof. Effective Date. This Resolution shall take effect immediately. Adjourned Meeting October 18, 2011 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF PITTSYLVANIA, VIRGINIA APPROVING A SUPPORT AGREEMENT WITH THE DANVILLE-PITTSYLVANIA REGIONAL INDUSTRIAL FACILITY AUTHORITY 2011-10-08 WHEREAS, the County of Pittsylvania, Virginia (the “County”) and the City of Danville, Virginia (the “City”) are jointly developing an industrial park to be owned by the Danville-Pittsylvania Regional Industrial Facility Authority (the “Authority”), to attract industries and promote economic development; and WHEREAS, the City and the County desire, in conjunction with the Authority, to finance, as part of the development of the industrial park, land acquisition and related capital expenditures (the “Project”); and WHEREAS, the Authority now proposes to undertake the financing of the Project, including necessary expenses incidental thereto, by the issuance of its fixed rate bonds in an aggregate principal amount not to exceed $13,700,000 (the “Bonds”); and WHEREAS, the principal of, premium, if any, and interest on, the Bonds and other costs relating to the issuance thereof (collectively, the “Debt Service”) are to be paid by the Authority from funds that are subject to appropriation in each fiscal year by the County and the City, with the City and the County each being responsible for one-half of such Debt Service; and WHEREAS, in connection with its purchase of the Bonds, Davenport & Company LLC desires that the commitment of the City and County to provide such funds, subject to annual appropriation as described above, be set forth in a Support Agreement, dated as of November 1, 2011 (the “Support Agreement”), between the County and the Authority and in a Support Agreement, dated as of November 1, 2011, between the City and the Authority; and WHEREAS, the Support Agreement has been presented to the Board of Supervisors of the County (the “Board”) in substantially final form; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF PITTSYLVANIA, VIRGINIA: Adjourned Meeting October 18, 2011 Form and Authorization of Support Agreement. The Support Agreement is hereby approved, with such variations, insertions, changes or deletions (including without limitation changes to the date thereof) as may be approved by the Chairman or the Vice Chairman of the Board or the County Administrator. The execution and delivery of the Support Agreement are hereby authorized. Execution and Delivery of Support Agreement. The Chairman and the Vice Chairman of the Board and the County Administrator, any of whom may act, are each authorized and directed to execute the Support Agreement on behalf of the County. The Clerk and Deputy Clerk of the Board, either of whom may act, are each authorized and directed to affix the seal of the County to the Support Agreement (if required), attest the seal (if required) and deliver the Support Agreement to the other parties thereto. Reaffirmation of Prior Resolution and Approval of Issuance of Bonds. The Board reaffirms its October 6, 2008 resolution evidencing approval of the Project, and the Board hereby approves the issuance of the Bonds by the Authority to finance the costs of the Project. Further Actions. The Chairman and the Vice Chairman of the Board and other officers and agents of the County, including the County Administrator and the Finance Director, are authorized and directed to take such further actions as they deem necessary regarding the execution and delivery of the Support Agreement, including, without limitation, the execution and delivery of any closing documents and certificates with respect to the issuance of the Bonds by the Authority. All such actions previously taken by the Chairman, Vice Chairman or such officers and agents are hereby approved, ratified and confirmed. 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 an officer, employee or agent of the County in his or her individual capacity, and no officer of the County executing the Support Agreement shall be liable personally on the Support Agreement or be subject to any personal liability or accountability by reason of the execution and delivery thereof. Effective Date. This Resolution shall take effect immediately. RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF PITTSYLVANIA, VIRGINIA AUTHORIZING A CONTINUING DISCLOSURE AGREEMENT, DISCLOSURE INFORMATION AND CERTAIN ACTIONS IN CONNECTION WITH A FINANCING BY THE DANVILLE-PITTSYLVANIA REGIONAL INDUSTRIAL FACILITY AUTHORITY 2011-10-09 The City of Danville, Virginia (the “City”) and the County of Pittsylvania, Virginia (the “County”) are members of the Danville-Pittsylvania Regional Industrial Facility Authority (the “Authority”) and are jointly developing an industrial park to be owned by the Authority in order to attract industries and promote economic development; and Adjourned Meeting October 18, 2011 The City and the County desire, in conjunction with the Authority, to finance, as part of the development of the industrial park, land acquisition and related capital expenditures (the “Project”). The Authority now proposes to undertake the financing of the Project, including necessary expenses incidental thereto, by the issuance of its fixed rate bonds in an aggregate principal amount not to exceed $13,700,000 (the “Bonds”). Rule 15c2-12 (the “Rule”), as promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended, requires the underwriter for publicly-sold obligations, such as the Bonds, to obtain written undertakings from “obligated persons” (within the meaning of the Rule) to provide certain financial data and information to certain entities from time-to-time. The County, in its role as a member jurisdiction of the Authority, is an obligated person for purposes of the Rule and, therefore, has been asked to enter into a Continuing Disclosure Agreement (the “Continuing Disclosure Agreement”) to furnish the financial data and information required by the Rule. The Continuing Disclosure Agreement will be in substantially the form presented to this meeting of the Board of Supervisors of the County (the “Board”). Further, as a member of the Authority, the County will be asked to provide certain information contained in an Appendix (the “County Appendix”) and provide its audited financial statements to the Authority for inclusion in an offering document to be circulated to investors in connection with the offering and sale of the Bonds (the “Preliminary Official Statement”). The Board is willing to enter into the Continuing Disclosure Agreement and to furnish the information requested for the Preliminary Official Statement including the County Appendix. The forms of the Continuing Disclosure Agreement and the County Appendix have been made available to the members of the Board prior to this meeting and have been filed with the County’s records. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF PITTSYLVANIA, VIRGINIA: Authorization of Continuing Disclosure Agreement. The Continuing Disclosure Agreement is hereby approved in substantially the form made available to the members of the Board prior to this meeting, with such changes, insertions, omissions or amendments (including, without limitation, changes of the dates thereof and therein) as may be approved by the Chairman or Vice Chairman of the Board or the County Administrator. The approval of any such changes, insertions, omissions and amendments shall be evidenced conclusively by the execution and delivery of the Continuing Disclosure Agreement. The performance of the County’s obligations under the Continuing Disclosure Agreement is authorized and directed. Execution and Delivery of Continuing Disclosure Agreement. The Chairman and Vice Chairman of the Board and the County Administrator, any of whom may act, are each authorized and directed to execute the Continuing Disclosure Agreement on behalf of the County. The Clerk and Deputy Clerk of the County, either of whom may act, are each authorized and directed to affix the seal of the County to the Continuing Adjourned Meeting October 18, 2011 Disclosure Agreement (if required), attest the seal (if required) and deliver the Continuing Disclosure Agreement to the other parties thereto. Approval of County Appendix. The County authorizes and approves the information with respect to the County that is contained in the County Appendix and authorizes its inclusion in the Preliminary Official Statement and in the Official Statement in final form that is to be prepared in connection with the public offering of the Bonds (the “Final Official Statement”), with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the County Administrator or the Director of Finance. The County Administrator and the County’s Director of Finance, either of whom may act, are authorized and directed to take whatever actions are necessary or appropriate to aid in ensuring compliance with the Rule in connection with the Bonds. The County Administrator and the County’s Director of Finance, either of whom may act, are authorized, on behalf of the County, to deem the Preliminary Official Statement and the Final Official Statement, as to information with respect to the County in the County Appendix or otherwise, to be final as of its date within the meaning of the Rule. The distribution of the Preliminary Official Statement and the Final Official Statement shall be conclusive evidence that each has been deemed final, as to information with respect to the County in the County Appendix or otherwise, as of its date by the County. The County Administrator and the County’s Director of Finance, either of whom may act, are each authorized to execute a certificate as of the sale date of the Bonds with respect to the matters set forth herein and other matters relating to the issuance of the Bonds by the Authority. Further Actions. The Chairman and the Vice Chairman of the Board and other officers and agents of the County, including the County Administrator and the Finance Director, are authorized and directed to take such further actions as they deem necessary regarding the execution and delivery of the Continuing Disclosure Agreement and the carrying out of any matters authorized by this Resolution, including, without limitation, the execution and delivery of any closing documents and certificates with respect to the issuance of the Bonds by the Authority. All such actions previously taken by the Chairman or the Vice Chairman of the Board or such officers and agents are hereby approved, ratified and confirmed. 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 an officer, employee or agent of the County in his or her individual capacity, and no officer of the County executing the Continuing Disclosure Agreement shall be liable personally on the Continuing Disclosure Agreement or be subject to any personal liability or accountability by reason of the execution and delivery thereof. Effective Date. This Resolution shall take effect immediately upon its adoption. (c) Motion came from Committee to approve an appropriation of $1 million from the Debt Service Reserve Fund to the 2012 Fiscal Budget. This motion required a 10-day layover (d) Motion came from Committee approving the Leasehold Deed of Trust and Security Agreement; Prime Lease and Local Lease Acquisition Agreement and Financing Lease between the Virginia Resources Authority and the Board of Supervisors of Pittsylvania County. The Adjourned Meeting October 18, 2011 following Roll Call vote was recorded: Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville-Yes; Mr. Ecker-Yes; Mr. Davis-Yes and Mr. Barber-Yes. Committee motion was approved by the Board by a unanimous vote. (e) Motion came from Committee approving Resolution 2011-10-06 and the following Roll Call Vote was recorded: Mr. Snead-Yes; Mr. Pritchett-Yes; Mr. Ingram-Yes; Mr. Harville- Yes; Mr. Ecker-Yes; Mr. Davis-Yes and Mr. Barber-Yes. Committee motion was approved by the Board by a unanimous vote. RESOLUTION OF THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA 2011-10-06 WHEREAS, the Board of Supervisors of Pittsylvania County, Virginia (the “Board”) has determined that Pittsylvania County, Virginia (the “County”) has an immediate need for certain capital improvements to the County’s landfill, including but not limited to the construction of a new cell, and the acquisition of a solid waste compactor (collectively, the “Project”); WHEREAS, there has been presented to the Board a plan for the financing of the Project which would not create debt of the County for purposes of the Virginia Constitution; WHEREAS, pursuant to such financing plan, the Virginia Resources Authority (the “VRA”) would use a portion of the proceeds of its Infrastructure and State Moral Obligation Revenue Bonds (Virginia Pooled Financing Program), Series 2011B (as more particularly defined in the below defined Lease, the “VRA Bonds”) to finance the Project and pay financing costs in accordance with the terms of a Local Lease Acquisition Agreement and Financing Lease, dated as of October 15, 2011 (the “Lease”), between the County and VRA; WHEREAS, the County will enter into a Prime Lease (the "Prime Lease") with VRA whereby the County will lease certain real estate, which may include any or all of the real estate related to the County's administrative building, owned by the County as may be required by VRA (the "Real Estate") and the associated improvements and property located thereon (the "Improvements") to VRA; WHEREAS, the County will enter into the Lease with VRA pursuant to which VRA will lease the Real Estate and the Improvements back to the County and the County will make rental payments corresponding in amount and timing to the debt service on the portion of the VRA Bonds issued to finance the Project (the "Rental Payments"); WHEREAS, pursuant to the Lease the County will undertake and complete the Project; WHEREAS, the Lease shall indicate that approximately $2,873,720 is the amount of proceeds requested (the "Proceeds Requested") from VRA; WHEREAS, VRA has advised the County that the sale date of the VRA Bonds is tentatively scheduled for November 2, 2011, but may occur, subject to market conditions, at any time between October 15, 2011 and November 15, 2011 (the "VRA Sale Date"), and that VRA's objective is to pay the County an amount which, in VRA's judgment, reflects the market value of the Rental Payments under the Lease (the "VRA Purchase Price Objective"), taking into consideration the Targeted Savings, the Proceeds Requested and such factors as the purchase Adjourned Meeting October 18, 2011 price to be received by VRA for VRA Bonds, the issuance costs of the VRA Bonds (consisting of the underwriters' discount and other costs incurred by VRA (collectively, the "VRA Costs")) and other market conditions relating to the sale of the VRA Bonds; WHEREAS, such factors may result in the County receiving an amount other than the par amount of the aggregate principal components of the Rental Payments under the Lease and consequently (i) the aggregate principal components of the Rental Payments under the Lease may be greater than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) if the maximum authorized aggregate principal components of the Rental Payments under the Lease set forth in paragraph 2 of this Resolution does not exceed the Proceeds Requested by at least the amount of the VRA Costs and any original issue discount, the amount to be paid to the County, given the VRA Purchase Price Objective and market conditions, will be less than the Proceeds Requested; WHEREAS, there have been made available to the members of the Board at this meeting preliminary drafts of the following documents (collectively, the “Documents”) in connection with the transactions described above, copies of which shall be filed with the records of the Board: (a) Prime Lease; (b) Lease; (c) Non-Arbitrage Certificate and Tax Compliance Agreement, dated the date of its execution and delivery (the “Tax Compliance Agreement”), between VRA and the County; and (d) Leasehold Deed of Trust and Security Agreement, dated as of November 1, 2011 (the “Deed of Trust”), from VRA to the deed of trust trustees thereunder for the benefit of U.S. Bank National Association, as trustee (the “Trustee”); and WHEREAS, the payments due under the Lease shall be subject to appropriation by the County for each fiscal year; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA: 1. The Board hereby finds and determines that it is in the best interests of the County to proceed with the financing of the Project. After consideration of the methods of financing the Project, it is hereby determined that it is in the best interests of the County to accept, and the County does hereby accept, the offer from VRA for the financing of the Project as contemplated by the Lease. 2. The total principal amount financed under the Lease shall not exceed $3,250,000, the interest component of the Rental Payments under the Lease shall be calculated at a rate not to exceed 5.00% (exclusive of “supplemental interest” as provided in the Lease) and the Lease shall terminate no later than November 30, 2026. Given the VRA Purchase Price Objective and market conditions, it may become necessary to enter into the Lease with aggregate principal components of the Rental Payments greater than the Proceeds Requested. If the limitation on the maximum aggregate principal components Adjourned Meeting October 18, 2011 of Rental Payments on the Lease set forth in this paragraph 2 restricts VRA's ability to generate the Proceeds Requested, taking into account the VRA Costs, the VRA Purchase Price Objective and market conditions, the County Administrator is authorized to accept a purchase price at an amount less than the Proceeds Requested. The actions of the County Administrator shall be conclusive, and no further action shall be necessary on the part of the Board. Subject to the foregoing limitations, the County authorizes VRA to establish the final principal amount financed under the Lease, the final interest components of the Rental Payments under the Lease and the interest rates at which the same are calculated, the final termination date of the Lease and the final principal amortization schedule as evidenced by the principal components of the Rental Payments under the Lease. No further action or approval of such financing terms shall be necessary on the part of the County. The Rental Payments and any penalties or premiums due under the Lease shall be payable on the dates and in the amounts set forth in the Lease. The County may, at its option, redeem, prepay or refund the Rental Payments due under the Lease upon the terms set forth therein. The interest component of the Rental Payments payable under the Lease shall be computed on the basis described in the Lease. As set forth in the Lease, the County agrees to pay, subject to appropriation, the “supplemental interest” and other charges as provided therein, including such amounts as may be necessary to maintain or replenish the VRA Reserve and, on the demand of VRA, a late payment penalty if any Rental Payment on the Lease is not paid within ten days after its due date. The Rental Payments and other amounts payable under the Lease shall be payable in lawful money of the United States of America. 3. The Documents shall be in substantially the forms submitted to this meeting, which are hereby approved, with such completions, omissions, insertions and changes (including changes of dates of documents) as may be subsequently approved by the Chairman and Vice Chairman of the Board and the County Administrator, any of whom may act, which approval shall be evidenced conclusively by the execution and delivery of the Documents to which the County is a party by such Chairman or Vice Chairman of the Board or the County Administrator but subject to VRA’s ability to establish certain final financing terms as provided in Section 2 hereof. 4. The Chairman and 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 Documents to which the County is a party and to acknowledge and consent to, if necessary, the provisions of the Deed of Trust. The Chairman and Vice Chairman of the Board and the County Administrator, any of whom may act, are each hereby also authorized to cause the recording, with the Circuit Court Clerk’s Office of Pittsylvania County, Virginia, of the Prime Lease, the Lease and the Leasehold Deed of Trust, if so requested by VRA. The Clerk and Deputy County Clerk of the Board, either of whom may act, are each hereby authorized and directed to affix the County seal to any of the Documents to which the County is a party and to attest the same. 5. The Chairman and Vice Chairman of the Board and the County Administrator and other appropriate officials of the County, including the Clerk and Deputy Clerk of the Board, are each hereby authorized to execute and deliver all other certificates, instruments and documents in the name and on behalf of the County and to take all such further action (a) as they may consider necessary or desirable to carry out the intent and purpose of this Adjourned Meeting October 18, 2011 Resolution, the financing of the Project or the execution, delivery and performance of the Documents to which the County is a party or (b) as may be reasonably requested by VRA in connection with any of the foregoing. 6. The County authorizes and consents to the inclusion of information with respect to the County in VRA’s Preliminary Official Statement and VRA’s Official Statement in final form, both prepared in connection with the sale of the VRA Bonds. The Chairman and Vice Chairman of the Board and the County Administrator are each authorized and directed to take whatever actions are necessary and/or appropriate to aid VRA in ensuring compliance with Securities and Exchange Commission Rule 15c2-12. 7. The Board hereby selects and designates Troutman Sanders LLP as Bond Counsel with respect to the financing contemplated by the Lease. 8. The County has heretofore received and reviewed the Information Statement describing the State Non-Arbitrage Program of the Commonwealth of Virginia (“SNAP”) and the Contract Creating the State Non-Arbitrage Program Pool I (the “Contract”), and the County hereby authorizes the use of SNAP in connection with the investment of the proceeds received by the County under the Lease, if the Chairman and Vice Chairman of the Board and the County Administrator, any of whom may act, determine that the utilization of SNAP is in the best interest of the County. The County acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the County in connection with SNAP, except as otherwise provided in the Contract. 9. The County is authorized to enter into an interim financing in anticipation of the execution and delivery of the Documents to which the County is a party (the "Interim Financing"). The Chairman and Vice Chairman of the Board and the County Administrator, any of whom may act, and such officers of the County as any of them may determine, are authorized to execute and deliver such documents and agreements, including such short term leases, financing agreements or other agreements with VRA or the Industrial Development Authority of Pittsylvania County, Virginia, as may be necessary or desirable in connection with any such Interim Financing, provided that the principal amount of the Interim Financing shall not exceed the principal amount set forth in paragraph 2 hereof, shall be for a term not in excess of three years, and shall bear interest at an annual rate not in excess of 5.00%. 10. All acts of the Chairman and Vice Chairman of the Board and the County Administrator and other officers of the County, regardless of whether such acts occurred prior to or occur after the adoption of this Resolution, that are in conformity with the purposes and intent of this Resolution and in furtherance of the plan of financing, the execution and delivery of the Lease and the undertaking of the Project are hereby approved and ratified. 11. The Project is hereby declared to be essential to the efficient operation of the County, and the Board anticipates that the Project will continue to be essential to the operation of the County during the term of the Lease. The Board, while recognizing that it is not empowered to make any binding commitment to make appropriations beyond the current fiscal year, hereby states its intent to make annual appropriations in future fiscal years in amounts sufficient to permit the County to make all payments under the Lease and hereby recommends that future Boards of Supervisors do likewise during the term of the Lease. If the County exercises its right not to appropriate money for Rental Payments under the Lease, the County Adjourned Meeting October 18, 2011 understands that VRA, or the Trustee as assignee of VRA, may terminate the Lease or otherwise exclude the County from possession of the property serving as collateral or any portion thereof to the extent provided in the Lease. 12. All resolutions, ordinances or parts thereof in conflict herewith are repealed. 13. This Resolution shall take effect immediately. Adopted: October 18, 2011 (f) Motion came from Committee to approve a Letter of Engagement between Davenport & Company, Inc, and Pittsylvania County to provide Plan of Finance development services for the County’s Landfill project in an amount of approximately $52,150.00. The Board approved the Committee’s motion by a majority vote of 6-1, with Mr. Ingram opposing. This concluded motions from the Finance Committee. Motion was made by Mr. Harville, seconded by Mr. Snead, to refer a resolution from the Smith Mountain Marine Business Association to the Pittsylvania County Board of Supervisors Legislation Committee to review and their next meeting, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Ecker to set a public hearing for proposed Condominium Conversion amendments Chapter 35 of the Pittsylvania County Code for November 15, 2011, which was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Ecker, to approve a proposed courtroom security policy. Mr. Ingram stated that he would like to see something that could be enforceable with fines and a substitute motion as made by Mr. Ingram, seconded by Mr. Davis, to refer this to the Legislative Committee, which was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Ingram, to set a public hearing for November 15, 2011 to receive citizen input on a proposed amendment to Chapter 31 of the Pittsylvania County Code that would recognize the North Halifax Rescue Squad as an approved agency for Pittsylvania County. Motion was made by Mr. Harville, seconded by Mr. Snead, to reject the bids submitted for an Invitation to Bid for Uniform Rental Services for the Landfill and for Building & Grounds and authorize Purchasing to re-bid the service due to clarification needed for some of the bid specifications, which was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Davis, to authorize the County Administrator to negotiate a contract with Wingate Appraisal Service, which was approved by a majority 6-1 vote of the Board, with Mr. Ingram opposing. Motion was made by Mr. Harville, seconded by Mr. Snead, to authorize the Purchasing Department to issue a Request For Proposals for insurance services for the Fire & Rescue agencies in the County, which was unanimously approved by the Baord. Adjourned Meeting October 18, 2011 Closed Session Motion was made by Mr. Snead, seconded by Mr. Pritchett, to enter into Closed Session for the following purpose: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; and consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. Authority: Virginia Code § 2.2-3711(A)(7), 1950, as amended Subject Matter: Jane Doe vs. Pittsylvania County, Virginia and the Pittsylvania County Board of Supervisors Purpose: Briefing by Legal Counsel Mr. Snead’s motion was unanimously approved by the Board and the Board entered Closed Session at 8:03pm. Motion was made by Mr. Harville, seconded by Mr. Snead, to return to Open Session, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the Adjourned Meeting of the Pittsylvania County Board of Supervisors on October 18, 2011, the Board hereby certifies by a recorded vote that to the best of each board member’s knowledge only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the motion authorizing he closed meeting were heard, discussed or considered in the closed meeting. If any member believes that there was a departure from the requirements of the Code, he shall so state prior to the vote indicating the substance of the departure. The statement shall be recorded in the minutes of the Board. Vote Coy E. Harville Yes Marshall A. Ecker Yes Henry A. Davis, Jr. Yes James H. Snead Yes William H. Pritchett Yes Fred M. Ingram Yes Tim R. Barber Yes The Board returned to Open Session at 9:21pm. Motion was made by Mr. Harville, seconded by Mr. Snead, to award a Letter of Agreement to William M. Stanley, Jr. of Moneta, Virginia, as co-counsel in the Jane Doe vs. Pittsylvania County suit, which was unanimously approved by the Board. Reports from Board Members The Legislative Committee meeting was set for November 15, 2011 at 5pm. Adjourned Meeting October 18, 2011 Reports from County Administrator Mr. Sleeper was asked by Mr. Harville to give the Board any documentation/history on where the County has sought to join with surrounding localities on an E911 system. Mr. Greg Sides, Assistant County Administrator for Planning and Development, submitted a handout sheet that summarized the recently completed Olde Dominion Agricultural Complex Economic Impact Analysis that was prepared by Jack Faucett Assoicates. Adjournment Motion was made by Mr. Davis, seconded by Mr. Snead to adjourn, which was unanimously approved by the Board. The meeting adjourned at 9:30pm.