06-15-2021 Business Meeting Agenda Packet
BOARD OF SUPERVISORS
BUSINESS MEETING
Tuesday, June 15, 2021 – 7:00 PM
Board Meeting Room
39 Bank Street, SE,
Chatham, Virginia 24531
AGENDA
1. CALL TO ORDER (7:00 PM)
2. ROLL CALL
3. MOMENT OF SILENCE
4. PLEDGE OF ALLEGIANCE
5. AGENDA ITEMS TO BE ADDED
6. APPROVAL OF AGENDA
7. CONSENT AGENDA
a. Minutes Approval (Staff Contact: Kaylyn M. McCluster)
b. Bill List Approval (on-line); (Staff Contact: Kimberly G. Van Der Hyde)
c. Resolution # 2021-06-01 (Rescind COVID-19 Local State of Emergency Declaration)
Adoption (Staff Contact: Kaylyn M. McCluster)
d. Resolution # 2021-06-02 (VDOT Rural Rustic Roads Designation) (Staff Contact:
Kaylyn M. McCluster)
e. Resolution # 2021-06-03 (VDOT Six (6)-Year Plan) Adoption (Staff Contact:
Kaylyn M. McCluster)
f. DPCS Appointment (Tunstall District); (Supervisor Ingram)
g. DSS Appointments (4); (Banister; Callands-Gretna; Chatham-Blairs; Tunstall); (Staff
Contact: Kaylyn M. McCluster)
h. Library Appointments (3); (Chatham-Blairs; Town of Hurt; Callands-Gretna); (Staff
Contact: Kaylyn M. McCluster)
i. CPMT Appointments (2); (Staff Contact: Cheryl J. Boswell)
Business Meeting - June 15, 2021
j. Sheriff's Department Canine Ownership Transfers Approval (Contact: Sheriff
Taylor)
k. Time and Attendance EFP Bid Award (Staff Contact: Connie M. Gibson)
l. Award of Bid for Solid Waste Rolloff Truck (Staff Contact: Richard N. Hicks)
8. PRESENTATIONS
a. Refuse Rangers Residential Solid Waste Permit Potential Approval (Staff Contact:
Chris Adcock)
9. HEARING OF THE CITIZENS
Each person addressing the Board under Hearing of the Citizens shall be a resident or
land owner of the County, or the registered agent of such resident or land owner. Each
person shall step up, give his/her name and district in an audible tone of voice for the
record, and unless further time is granted by the Chairman, shall limit his/her address to
three (3) minutes. No person shall be permitted to address the Board more than once
during Hearing of the Citizens. All remarks shall be addressed to the Board as a body
and not to any individual member thereof. Hearing of the Citizens shall last for a
maximum of forty-five (45) minutes. Any individual that is signed up to speak during
said section who does not get the opportunity to do so because of the aforementioned
time limit, shall be given speaking priority at the next Board meeting. Absent
Chairman’s approval, no person shall be able to speak who has not signed up.
10. PUBLIC HEARINGS
A. Rezoning Public Hearings
Pursuant to Article V, Division 6, of the Pittsylvania County Zoning Ordinance, the
Board of Supervisors have been empowered to hear and decide specific zoning issues
and zoning map changes in support of said Ordinance. In accomplishing this
important task, the Board is responsible for promoting the health, safety, and general
public welfare of the citizens of Pittsylvania County. The Board must ensure that all
of its decisions and regulations be directed to these goals and that each be consistent
with the environment, the comprehensive plan, and in the best interest of Pittsylvania
County, its citizens, and its posterity.
Case 1: Public Hearing: Case R-21-013: George and Kathy Jones; Rezoning from
B-1, Business District, Limited, to R-1, Residential Suburban Subdivision
District (Supervisor Farmer)
Case 2: Public Hearing: Case R-21-014: Robert Vaughan; Rezoning from R-1,
Residential Suburban Subdivision District, to A-1, Agricultural District
(Supervisor Dudley)
Case 3: Public Hearing: Case R-21-015: Ronnie Warren; Rezoning from R-1,
Residential Suburban Subdivision District, to A-1, Agricultural
(Supervisor Ingram)
Business Meeting - June 15, 2021
B. Other Public Hearings
Each person addressing the Board under a Public Hearing shall step up, give his/her
name and district, and/or his/her place of residency for non-County citizens, in an
audible tone of voice for the record, and unless further time is granted by the
Chairman, shall limit his/her address to three (3) minutes; speakers for a group shall be
limited to ten (10) minutes. Speakers shall conclude their remarks at that time, unless
the consent of the Board is affirmatively given to extend the speakers allotted time.
Absent Chairman’s approval, no person shall be able to speak who has not signed up.
1. Public Hearing: Potential Music Festival Ordinance Revisions Adoption (Staff
Contact: Emily S. Ragsdale)
11. UNFINISHED BUSINESS
12. NEW BUSINESS
a. Solid Waste Bulldozer Bid Award (Staff Contact: Chris Adcock)
b. Solid Waste Landfill Cell "C" Construction Bid Award (Staff Contact: Chris
Adcock)
c. Resolution # 2021-06-04 (Virginia Tobacco Commission Loan) Approval (Staff
Contact: Matthew D. Rowe)
13. APPOINTMENTS
14. MATTERS FROM WORK SESSION (IF ANY)
15. BOARD MEMBER REPORTS
16. COUNTY ADMINISTRATOR REPORTS
17. ADJOURNMENT
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Minutes Approval (Staff Contact: Kaylyn M. McCluster)
Staff Contact(s): Kaylyn M. McCluster
Agenda Date: June 15, 2021 Item Number: 7.a
Attachment(s): 05-18-2021 Work Session - DRAFT
05-18-2021 Business Meeting - DRAFT
Reviewed By:
7.a
Packet Pg. 4
May 18, 2021
Work Session
Pittsylvania County Board of Supervisors’
Work Session
May 18, 2021
VIRGINIA: Pittsylvania County Board of Supervisors’ Work Session was held on May
18, 2021, in the Elections and Training Center, 18 Depot Street, Chatham, Virginia 24531.
Robert W. Warren, Chairman, called the Meeting to Order at 4:30 PM. The following Members
were present:
CALL TO ORDER (4:30 PM)
Attendee Name Title Status Arrived
Robert ("Bob") W. Warren Chairman; Chatham Blairs District Present 4:13 PM
Ronald S. Scearce Vice-Chairman; Westover District Present 4:13 PM
Joe B. Davis Supervisor; Dan River District Present 4:29 PM
Timothy W. Dudley Supervisor; Staunton River District Present 4:10 PM
Ben L. Farmer Supervisor; Callands-Gretna District Present 4:27 PM
William V. ("Vic") Ingram Supervisor; Tunstall District Present 4:18 PM
Charles H. Miller, Jr. Supervisor; Banister District Present 4:28 PM
AGENDA ITEMS TO BE ADDED
Motion to add two (2) Bridge renaming items to the Agenda: the Harmon Bridge and the Brooks
Bridge. After discussion and a vote, it was recommended that this item be sent to the newly
developed Naming Committee for vetting and then a formal recommendation to the full Board.
RESULT: DEFEATED [4-3]
MOVER: Ingram
SECONDER: Farmer
AYES: Farmer, Ingram, Miller
NAYS: Warren, Scearce, Davis, Dudley
Motion to make the following revisions to the Agenda:
-Remove Agenda Item 6(a), Solid Waste Update
-Add the following to Closed Session Agenda Item 8(a)(1) (Legal Consultation):
Parks and Recreation Registration Issue; Jail Land Agreement Discussion
-Add following to Closed Session as Agenda Item 8(b)(1) (Economic Development):
Discussion concerning a prospective business or industry or the expansion of
an existing business or industry where no previous announcement has been
made of the business' or industry's interest in locating or expanding its
facilities in the community.
7.a.a
Packet Pg. 5 Attachment: 05-18-2021 Work Session - DRAFT (2557 : Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
May 18, 2021
Work Session
(1) Legal Authority: Virginia Code § 2.2-3711(A)(5)
Subject Matters: Project FX
Purpose: Economic Development Update on Unannounced
Industries/Prospective Businesses
RESULT: ADOPTED [UNANIMOUS]
MOVER: Scearce
SECONDER: Davis
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
ITEMS REMOVED FROM AGENDA
-Solid Waste Update (Staff Contact: Nicholas A. Morris); (15 minutes)
APPROVAL OF AGENDA
Motion to approve Agenda with Solid Waste Update removed.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Scearce
SECONDER: Davis
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
PRESENTATIONS
a. Reassessment Update (Staff Contact: Nicholas A. Morris/William Cole); (15 minutes)
Cole gave an update to the Board with the progress of the Reassessment process. His
presentation can be found on the County’s website at http://www.pittsylvaniacountyva.org .
STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS
a. Music Festival Ordinance Revision Discussion (Staff Contact: Emily S. Ragsdale); (20
minutes)
Ragsdale led discussion regarding revisions to the County's Music Festival Ordinance. The
Board still has some concerns and requested some items be added such as trash removal,
language referencing the County’s Noise Ordinance, start times for Sundays, and other items.
Ragsdale will make these revisions and bring this back to the full Board in June. There was
consensus of the Board to remove the Public Hearing from the night’s Business Meeting and
move to the June Meeting.
BUSINESS MEETING DISCUSSION ITEMS
Hunt went over the additions for the Business Meeting as follows:
7.a.a
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Work Session
-Add the following items to Consent Agenda:
-Item 7(n): IALR Appointment (David Bennett, Intertape) Approval
-Item 7(o): Business Appreciation Week Proclamation Approval
-Item 7(p): Second Amendment to Staunton River Plastics, LLC, Lease
Purchase Agreement Approval
-Remove Item 7(i): Naming Committee from Consent Agenda
-Remove Agenda Item 10B(4): Public Hearing: Music Festival Ordinance Potential
Revisions Adoption
CLOSED SESSION
Motion to enter Closed Session.
The Board entered Closed Session at 5:36 PM.
RESULT: APPROVED [UNANIMOUS]
MOVER: Scearce
SECONDER: Davis
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
a. Consultation with legal counsel employed or retained by a public body regarding
specific legal matters requiring the provision of legal advice by such counsel.
(1) Legal Authority: Virginia Code § 2.2-3711(A)(8)
Subject Matters: Cool Branch/Franklin County Agreement;
Keeling VFD Probationary Status; Estate of
Mary J. Walters Expenses Reimbursement;
RDOF Legal Agreement; Parks and Recreation
Registration Issue; Jail Land Agreement Discussion
Purpose: Legal Consultation/Advice Regarding the Same
b. Discussion concerning a prospective business or industry or the expansion of an
existing business or industry where no previous announcement has been made of the
business' or industry's interest in locating or expanding its facilities in the community.
(1) Legal Authority: Virginia Code § 2.2-3711(A)(5)
Subject Matters: Project FX
Purpose: Economic Development Update on Unannounced
Industries/Prospective Businesses
RETURN TO OPEN SESSION AND CLOSED SESSION CERTIFICATION
The Board returned to Open Session at 6:40 PM and the following Certification was recorded:
7.a.a
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Board of Supervisors
May 18, 2021
Work Session
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS'
CLOSED MEETING CERTIFICATION
BE IT RESOLVED that, at the Pittsylvania County Board of Supervisors’ (“Board”)
Work Session on May 18, 2021, 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 (“Act”) and identified in the
Motion authorizing the Closed Meeting were heard, discussed, or considered in the Closed
Meeting. If any Board Member believes that there was a departure from the requirements of the
Act, he shall so state prior to the vote indicating the substance of the departure. The Statement
shall be recorded in the Board's Minutes.
Vote
Davis Yes/No
Dudley Yes/No
Farmer Yes/No
Ingram Yes/No
Miller . Yes/No
Scearce Yes/No
Warren Yes/No
Warren recessed the Meeting at 6:42 PM. The Board reconvened at 9:10 PM and returned to
Closed Session.
The Board returned to Open Session at 10:00 PM and the following Certification was recorded:
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
CLOSED MEETING CERTIFICATION
BE IT RESOLVED that, at the Pittsylvania County Board of Supervisors’ (“Board”)
Meeting on May 18 2021, 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 (“Act”) and identified in the
Motion authorizing the Closed Meeting were heard, discussed, or considered in the Closed
Meeting. If any Board Member believes that there was a departure from the requirements of the
Act, he shall so state prior to the vote indicating the substance of the departure. The Statement
shall be recorded in the Board's Minutes.
Vote
Davis Yes
Dudley Yes
7.a.a
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Board of Supervisors
May 18, 2021
Work Session
Farmer Yes
Ingram Yes
Miller Yes
Scearce Yes
Warren Yes
ADJOURNMENT
Warren adjourned the Meeting at 10:01 PM.
7.a.a
Packet Pg. 9 Attachment: 05-18-2021 Work Session - DRAFT (2557 : Minutes Approval (Staff Contact: Kaylyn M. McCluster))
May 18, 2021
Business Meeting
Pittsylvania County Board of Supervisors’
Business Meeting
May 18, 2021
VIRGINIA: The Pittsylvania County Board of Supervisors’ Business Meeting was held
on May 18, 2021, in the Board Meeting Room, 39 Bank Street, SE, Chatham, Virginia 24531.
Robert (“Bob”) W. Warren, Chairman, called the Meeting to Order at 7:00 PM. The following
Members were present:
CALL TO ORDER (7:00 PM)
Attendee Name Title Status Arrived
Robert ("Bob") W. Warren Chairman; Chatham Blairs District Present 6:34 PM
Ronald S. Scearce Vice-Chairman; Westover District Present 6:33 PM
Joe B. Davis Supervisor; Dan River District Present 6:33 PM
Timothy W. Dudley Supervisor; Staunton River District Present 6:34 PM
Ben L. Farmer Supervisor; Callands-Gretna District Present 6:31 PM
William V. ("Vic") Ingram Supervisor; Tunstall District Present 6:31 PM
Charles H. Miller, Jr. Supervisor; Banister District Present 6:33 PM
AGENDA ITEMS TO BE ADDED
Motion to make the following revisions to the Agenda:
-Add the following items to Consent Agenda:
Item 7(n): IALR Appointment (David Bennett, Intertape) Approval
Item 7(o): Business Appreciation Week Proclamation Approval
Item 7(p): Second Amendment to Staunton River Plastics, LLC, Lease Purchase
Agreement Approval
-Remove Item 7(i), Naming Committee from Consent Agenda
-Remove Agenda Item 10B(4) Public Hearing: Music Festival Ordinance Potential Revisions
Adoption
RESULT: ADOPTED [UNANIMOUS]
MOVER: Timothy W. Dudley, Supervisor - Staunton River District
SECONDER: Ronald S. Scearce, Vice-Chairman - Westover District
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
APPROVAL OF AGENDA
Motion to approve Agenda.
7.a.b
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Business Meeting
RESULT: ADOPTED [UNANIMOUS]
MOVER: Davis
SECONDER: Scearce
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
CONSENT AGENDA
Motion to approve Consent Agenda.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Scearce
SECONDER: Dudley
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
a. Minutes Approval (Staff Contact: Kaylyn M. McCluster)
b. Bill List Approval (on-line); (Staff Contact: Kimberly G. Van Der Hyde)
c. Community Action Month Proclamation Approval (Staff Contact: Kaylyn M. McCluster)
d. VDH Vaccine Clinic MOU Approval (Staff Contact: Christopher C. Slemp)
e. Old Blairs School/Southside High School Partial Real Estate Tax Abatement Extension
Approval (Staff Contact: Richard N. Hicks)
f. Mt. Hermon Convenience Center Land Purchase Approval (Staff Contact: Richard N.
Hicks)
g. Resolution # 2021-05-04 (Redistricting Split Precincts Waiver Application Submission
Authorization); (Staff Contact: Kelly A. Keesee)
h. Public Safety, Jail, and Sheriff's Office Uniform Contract Award Approval (Staff Contact:
Connie M. Gibson)
i. Matthew Arnold VHSL Golf State Championship Certificate Approval (Chairman Warren)
j. Resolution # 2021-05-01 (Honoring Sheriff G. Harold Plaster) Adoption (Supervisor
Ingram)
k. Resolution # 2021-05-02 (Honoring F.A. Keatts) Adoption (Supervisor Ingram)
l. Resolution # 2021-05-03 (Honoring H. Darrel Shelton) Adoption (Supervisor Ingram)
m. IALR Appointment (David Bennett, Intertape) Approval
n. Business Appreciation Week Proclamation Approval
o. Second Amendment to Staunton River Plastics, LLC, Lease Purchase Agreement Approval
ITEMS REMOVED FROM CONSENT AGENDA
7i. Naming Committee Appointments (Chairman Warren)
7.a.b
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Board of Supervisors
May 18, 2021
Business Meeting
10(B)4 Public Hearing: Music Festival PCC Revisions (Staff Contact: Emily S. Ragsdale)
PRESENTATIONS
a. Arnold Certificate Presentation (Chairman Warren)
Warren read Mr. Arnold's Certificate of Excellence for his VHSL State Golf Championship.
b. Community Action Month Proclamation Presentation (Chairman Warren)
Miller presented the Community Action Month Proclamation to Ms. Everlena Ross.
c. Plaster Resolution Presentation (Supervisor Ingram)
Ingram presented Resolution # 2021-05-01 to the late Sheriff Plaster’s family.
d. Keatts Resolution Presentation (Supervisor Ingram)
Ingram presented Resolution # 2021-05-02 to the late F. A. Keatts’ family.
e. Shelton Resolution Presentation (Supervisor Ingram)
Ingram read Resolution # 2021-05-03 recognizing Darrel Shelton for his work through the
Library system.
HEARING OF THE CITIZENS
• Melton Vernon stated he lives in California but was speaking with his mom who owns
sixty-seven (67) acres on White Oak Mountain. He is concerned about the health and
safety of the attendees and those who live close to the property. He suggested that those
who live within two (2) miles of the property receive two (2) cents for every person
admitted to the venue, per acre of ownership; up to a maximum of $10,000.
• Jean Vernon stated she owns property on White Oak Mountain and stated that she won a
suit against a junkyard, but there is a junkyard still there on Route 863. She spoke about
possible mosh pits at the Music Festival and she is also concerned about cleanup and
destruction of property in that area as well as the condition of the roads that must be
traveled through that area. She stated she wants people to be safe and happy.
• Deborah Dix, Chatham-Blairs District, stated she lives on Lester Lane. She stated it is a
very quiet neighborhood, but the road is bad through that area. She thinks it would be
great to start a venue out in Berry Hill. She also voiced her concerns about the weather
being a problem in the area as the road floods at two (2) to three (3) inches of rain.
Dennis Smith signed up to speak but was not present when he was called.
• Jonathan Hollie, Chatham-Blairs District, thanked the Board for the careful consideration
of this Ordinance. He stated under Section 10-2B it states, “exceeding six (6) hours”. He
questions if there would be anything that governs events under six (6) hours. He also
stated Sections 10-4(G) and (H), which concerns lighting and sound, it just says
"unreasonable." He feels this is subjectable as to what may be unreasonable for him may
be reasonable for someone else. He thanked the Board for looking out for the safety of
the citizens and the community.
• Dylan Sparks, Chatham-Blairs District, thanked the Board for the ability to speak and for
7.a.b
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Business Meeting
their consideration of this Ordinance. He stated his major concern is the proposed size of
the venue and he is concerned about the health and safety of the citizens of the county.
They deserve to spend their days and nights in peace and not have to give that up due to
an event like this. He stated citizens deserve Ordinances that protect all local
homeowners who have paid taxes to the County and made sacrifices to get where they are
at. He also voiced his concerns regarding the drug and alcohol use that comes with these
events.
• Howard Terry, Dan River District, stated he was born in Danville and was uprooted years
ago. He stated he was the heir to his grandmother’s land and stated he was present to
represent the family and their legacy.
PUBLIC HEARINGS
Rezoning Public Hearings
Case 1: Public Hearing: Case R-21-007 Cornerstone Church of Christ; Rezoning from R-
1, Residential Suburban Subdivision District, to A-1, Agricultural (Supervisor Miller)
Warren opened the Public Hearing at 7:46 PM. Representatives from Cornerstone Church of
Christ were present to represent the Petition. No one signed up to speak and Warren closed the
Public Hearing at 7:48 PM.
Motion to approve the rezoning of 1.74 acres from R-1, Residential Suburban Subdivision
District, to A-1, Agricultural District, to allow the subject property to be consolidated with an
adjacent parcel. The rezoning would be consistent with the County’s Comprehensive Plan.
RESULT: APPROVED [UNANIMOUS]
MOVER: Miller
SECONDER: Dudley
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
Case 2: Public Hearing: Case R-21-008 Gregory and Janie Robinson; Rezoning from A-1,
Agricultural District, and R-1, Residential Suburban Subdivision District, to A-1,
Agricultural District (Supervisor Farmer)
Warren opened the Public Hearing at 7:49 PM. Gregory Robinson was present to represent the
Petition. No one signed up to speak and Warren closed the Public Hearing at 7:50 PM.
Motion to approve the rezoning of 24.72 acres from A-1, Agricultural District, and R-1,
Residential Suburban Subdivision District, to A-1, Agricultural District, to allow a second
dwelling to be constructed on the property. The rezoning would be consistent with the County’s
Comprehensive Plan.
7.a.b
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RESULT: APPROVED [UNANIMOUS]
MOVER: Farmer
SECONDER: Dudley
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
Case 3: Public Hearing: Case R-21-009 Haile Gatewood, Jr.; Rezoning from R-1,
Residential Suburban Subdivision District, to A-1, Agricultural District (Chairman
Warren)
Warren opened the Public Hearing at 7:51 PM. Haile Gatewood, Jr., was present to represent the
Petition. No one signed up to speak and Warren closed the Public Hearing at 7:52 PM.
Motion to approve the rezoning a total of 1.20 acres, from R-1, Residential Suburban
Subdivision District, to A-1, Agricultural District, to combine with an adjacent parcel. The
rezoning would be consistent with the County’s Comprehensive Plan.
RESULT: APPROVED [UNANIMOUS]
MOVER: Scearce
SECONDER: Farmer
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
Case 4: Public Hearing: Case R-21-010 Mark Redd; Rezoning from A-1, Agricultural
District, to R-1, Residential Suburban Subdivision District (Supervisor Miller)
Warren opened the Public Hearing at 7:53 PM. Mark Redd was present to represent the Petition.
No one signed up to speak and Warren closed the Public Hearing at 7:54 PM.
Motion to approve the rezoning a total of 0.118 acres, from A-1, Agricultural District, to R-1,
Residential Suburban Subdivision District, to combine with an adjacent parcel. The rezoning
would be consistent with the County’s Comprehensive Plan.
RESULT: APPROVED [UNANIMOUS]
MOVER: Miller
SECONDER: Davis
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
Case 5: Public Hearing: Case R-21-011; Jeremy and Julia Watson; Rezoning from RC-1,
Residential Combined Subdivision District, to A-1, Agricultural District (Supervisor
Dudley)
Warren opened the Public Hearing at 7:55 PM. Jeremy and Julia Watson were present to
represent the Petition. Watson stated he and his wife purchased the property back in November
with the hopes of having a small farm for his children. Faye Dalton was the first signed up to
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Business Meeting
speak and she spoke against the rezoning. She voiced her concern that the property was bought
as residential and zoned as residential. She stated she does not want the sound or smell of cattle
and/or hogs. Myra Jones also spoke against the rezoning and agreed that the property was
bought as residential property. She stated the smells would affect the quality of life for the
residents of that community. Juan Smith also spoke against the rezoning and she lives directly
across from the property and her concern is also the smell. She stated it is an older community
and they like to sit outside and put their windows up when the weather is nice. Ruby Wilson also
spoke against the rezoning and stated this is more like a retirement community. Her husband
has spent his entire eighty-five (85) years on this property. She stated there had been attempts at
raising hogs and they could not control the smell or flies. James Wilson thanked the Board for
listening to the concerns and stated that the community was built on faith and trust, and
somewhere down the line, he feels like trust was broken. He worries that Watson, living so far
away, if something gets out of hand, who is going to handle the situation. He would like for the
Board to reconsider and leave the zoning as it currently is. Watson spoke again and stated there
is water on the property from a well, and there is also a creek that runs the backside of the
property. Warren closed the Public Hearing at 8:20 PM.
Hunt stated that proffers are binding conditions that are attached to a piece of property once
entered and are binding for the current owner and all future owners of that land.
Motion to approve the rezoning a total of 44.30 acres from RC-1, Residential Combined
Subdivision District, to A-1, Agricultural District, to allow for agricultural use with the proffers
offered by the Petitioner. The rezoning would be consistent with the County’s Comprehensive
Plan.
RESULT: APPROVED [UNANIMOUS]
MOVER: Dudley
SECONDER: Scearce
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
Case 6: Public Hearing: Case R-21-012 Gentry Farms, LLC; Rezoning from R-1,
Residential Suburban Subdivision District, to A-1, Agricultural District (Supervisor Davis)
Warren opened the Public Hearing at 8:25 PM. A representative from Gentry Farms, LLC, was
present to represent the Petition. No one signed up to speak and Warren closed the Public
Hearing at 8:27 PM.
Motion to approve the rezoning of 56.13 acres from R-1, Residential Suburban Subdivision
District, to A-1, Agricultural District, to allow for agricultural use and recreational use. The
rezoning would be consistent with the County’s Comprehensive Plan.
7.a.b
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Business Meeting
RESULT: APPROVED [UNANIMOUS]
MOVER: Davis
SECONDER: Ingram
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
Other Public Hearings
1. Public Hearing: VDOT Secondary Six (6)-Year Plan (Contact: Jay Craddock)
Annually, the Board and the Virginia Department of Transportation (“VDOT”) are required to
hold a Public Hearing to receive citizen input on the proposed Secondary Six (6)-Year Plan. Jay
Craddock, VDOT Assistant Resident Engineer, presented the proposed Plan to the Board at the
April 20, 2021, Work Session.
Warren opened the Public Hearing at 8:29 PM. No one signed up to speak and Warren closed
the Public Hearing at 8:34 PM.
Motion to approve the proposed VDOT Secondary Six (6)-Year Plan as presented and authorize
the County Administrator to sign any related necessary documentation.
RESULT: APPROVED [UNANIMOUS]
MOVER: Farmer
SECONDER: Dudley
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
2. Public Hearing: Residential Waste Hauling PCC Revisions (Staff Contact: Chris
Adcock)
Warren opened the Public Hearing at 8:35 PM. No one signed up to speak and Warren closed
the Public Hearing at 8:36 PM. Farmer asked if citizens signed up for this service, are they still
required to pay the annual Solid Waste fee? Hunt stated, if the citizen demonstrates to the
Commissioner of the Revenue’s Office that they do not use the Landfill and they use a private
service to dump their trash, they are exempt from the Solid Waste fee. That is an exemption in
the Pittsylvania County Code.
Motion to approve the attached revisions to PCC § 17-5 as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Scearce
SECONDER: Ingram
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
3. Public Hearing: Temporary Camping/Campground Revisions (Staff Contact: Emily
S. Ragsdale)
7.a.b
Packet Pg. 16 Attachment: 05-18-2021 Business Meeting - DRAFT (2557 : Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
May 18, 2021
Business Meeting
To ensure that the Pittsylvania County Zoning Ordinance can better regulate growing trends,
specifically camping associated with special events and regulations governing approved
campgrounds, County Community Development Staff has recommended revisions to
Pittsylvania County Code. This creates PCC § 35-87 (Temporary Camping), and amends PCC §
35-138 (Campgrounds and Recreational Vehicle/Camper Areas).
Warren opened the Public Hearing at 8:38 PM. Kathy Nixon, Chatham-Blairs District, signed up
to speak and she stated that setting very clear guidelines is very important, as well as holding to
those commitments. She thanked the Board for delaying the comments on the Music Festivals.
She stated in Section 3-87, Temporary Camping Ordinance, that it states twenty-one (21) days,
and she said that twenty-one (21) days is a very long time. She asked what the limits are on the
events. She also requested for quiet hours to be designated. The event advertises from 2:00 AM
until 8:00 AM, but she suggested 11:00 PM until 8:00 AM. She also questioned burning bans, as
there are no regulations on the camping ordinance regarding campfires. She stated that she is
thankful that all lots must have water and sewer.
Ragsdale stated the twenty-one (21) days allows ODAC and the Fair Grounds to accommodate
their workers being their events usually run for two (2) weeks and this allows them set up and
take down time. Mr. Warren closed the Public Hearing at 8:45 PM.
Motion to approve the creation of PCC § 35-87 and the revisions to § 35-138 as presented.
RESULT: APPROVED [UNANIMOUS]
MOVER: Scearce
SECONDER: Farmer
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
UNFINISHED BUSINESS
None.
NEW BUSINESS
a. Estate of Mary J. Walters Excess Funds Payment (Staff Contact: J. Vaden Hunt, Esq.)
Item failed for a lack of Motion.
b. DRHA CDBG Planning Grant Submission Approval (Staff Contact: Emily S.
Ragsdale)
The Danville Redevelopment and Housing Authority (“DRHA”) has recently purchased fourteen
(14) acres in the County with the intent of constructing ten (10) homes for workforce housing
(“Project”). DRHA desires to request a $50,000 Community Development Block Grant
(“CDBG”) Planning Grant from the Virginia Department of Housing and Community
Development (“DHCD”) to fund a feasibility study, environmental assessment, and the
development of construction plans for the Project. Based on CDBG guidelines, the County is
7.a.b
Packet Pg. 17 Attachment: 05-18-2021 Business Meeting - DRAFT (2557 : Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
May 18, 2021
Business Meeting
required to be the applicant and act as Fiscal Agent for the Project. The West Piedmont Planning
District Commission has agreed to serve as the Grant writer and administrator.
Motion to authorize County Staff to apply on behalf of DRHA requesting $50,000 from the
CDBG Planning Grant Program for the Project.
RESULT: APPROVED [UNANIMOUS]
MOVER: Miller
SECONDER: Davis
AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller
MATTERS FROM WORK SESSION (IF ANY)
None.
BOARD MEMBER REPORTS
• Dudley wanted to remember Donnie Vaden who lost his brother this week. He also
stated his next-door neighbor has been sick and has dementia and asked for prayers for
the Krantz family. He wanted to thank Emily for the great job she does with the rezoning
cases and he also thanked Hunt and the rest of County Staff for their hard work and to let
them know they are appreciated.
• Miller stated that this past Saturday was May 15th, and it would have been the 69th
birthday of Stedman Payne.
• Ingram stated that he wanted to thank his colleagues on the Board for allowing him to
present the Resolutions in Honor of F.A. Keatts, Sheriff Plaster, and Darrel Shelton. He
also asked for everyone to keep Pam Ford in prayer during the loss of her daughter and
recognized several of those who have lost their lives in the line of duty.
• Farmer stated the Climax Volunteer Fire and Rescue Squad drive thru fish dinner
fundraiser will be on Saturday, May 22 at 4:30 PM.
• Scearce thanked all that supported the friends of NRA banquet. They raised around
$56,000 and thanked all those who participated.
• Warren reminded everyone that the Work Sessions begin at 4:30 PM and is also
livestreamed for citizens to attend or watch. He also thanked the community citizens that
had the meeting Thursday night that he and Scearce attended regarding the Music
Festival. He complimented Mr. Nixon and Mr. Hollie for the way they have asked
questions and handled themselves in such a professional manner. He also thanked the
Sheriff for coming and participating in that Meeting. Finally, he appointed Dudley,
Miller, Scearce, and Ingram to the Naming Committee, with Scearce being the
Committee’s Chairman.
COUNTY ADMINISTRATOR REPORTS
Smitherman stated he had the pleasure of working with Miller finalizing the diagrams of the
African American Memorial to be placed in Chatham on Center Street. He thanked Dewberry
7.a.b
Packet Pg. 18 Attachment: 05-18-2021 Business Meeting - DRAFT (2557 : Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
May 18, 2021
Business Meeting
for donating their professional landscaping and engineering services to create this drawing. The
Gretna vaccination clinic will be closing this week and the last vaccination date is May 20th.
There were two (2) very successful mass vaccination days as well as six (6) or eight (8) smaller
clinic days. The County has requested to get out of the lease thirty (30) days early. He had the
pleasure of doing a ride along with deputies last week to see what they do, and he was thankful
to be able to get to know those employees. He commended them for their patience and
professionalism. He also stated that a $600,000 Grant was received to remediate Brownfields
and do engineering work for remediation and planning for environmentally challenged properties
in Hurt, Gretna, Chatham, and Blairs. The County is one (1) of four (4) recipients in Virginia to
receive this Grant.
ADJOURNMENT
Warren adjourned the Meeting at 9:04 PM.
7.a.b
Packet Pg. 19 Attachment: 05-18-2021 Business Meeting - DRAFT (2557 : Minutes Approval (Staff Contact: Kaylyn M. McCluster))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Bill List Approval (on-line); (Staff Contact: Kimberly G. Van Der Hyde)
Staff Contact(s): Kimberly G. Van Der Hyde
Agenda Date: June 15, 2021 Item Number: 7.b
Attachment(s):
Reviewed By:
SUMMARY:
At each of the Board’s Business Meetings, the County’s Auditors recommend the Board review
payments made by the County as oversight of County Fund expenditures. Said Bill List is found
at the below link:
https://weblink.pittgov.net/WebLink/Browse.aspx?id=411532&dbid=0&repo=PittGovDocs
FINANCIAL IMPACT AND FUNDING SOURCE:
Not applicable.
RECOMMENDATION:
County Staff recommends the Board approve the County’s 2021 May Bill List as presented.
MOTION:
“I make a Motion to approve the County’s 2021 May Bill List as presented.”
7.b
Packet Pg. 20
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Resolution # 2021-06-01 (Rescind COVID-19 Local State of Emergency
Declaration) Adoption (Staff Contact: Kaylyn M. McCluster)
Staff Contact(s): Kaylyn M. McCluster
Agenda Date: June 15, 2021 Item Number: 7.c
Attachment(s): 2021-06-01 Rescind Declaration of Emergency
Reviewed By:
SUMMARY:
On March 17, 2020, the Board declared a Local State of Emergency in the County due to the
COIVD-19 Pandemic. Due to the decreasing occurrences of COVID-19 in the County from
mask wearing, social distancing, remote working, and vaccination, County Staff has determined
that factors necessitating the Local State of Emergency in the County no longer exist. For the
Board’s consideration, Resolution # 2021-06-01 supporting the recission of the Local State of
Emergency in the County is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the Board approve Resolution # 2021-06-01 as attached and
presented.
MOTION:
“I make a Motion to approve Resolution # 2021-06-01 as attached and presented.”
7.c
Packet Pg. 21
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION # 2021-06-01
__________________________________________________________________
RECISSION OF COVID-19 LOCAL EMERGENCY DECLARATION
VIRGINIA: The following was presented and adopted by the Pittsylvania County Board
of Supervisors (“Board”) at its Business Meeting on June 15, 2021:
WHEREAS, on March 17, 2020, the Board declared a Local State of Emergency in the
County due to the COIVD-19 Pandemic; and
WHEREAS, due to the decreasing occurrences of COVID-19 in the County from mask
wearing, social distancing, remote working, and vaccination, the Board has determined that factors
necessitating the Local State of Emergency in the County no longer exist.
NOW THEREFORE, IT IS PROCLAIMED, the Board hereby rescinds its previous
Local Emergency Declaration due to the COVID-19 Pandemic effective immediately upon this
Resolution’s adoption.
Given under my hand this 15th day of June, 2021.
__________________________________
Robert (“Bob”) W. Warren, Chairman
Pittsylvania County Board of Supervisors
ATTEST:
_________________________________
David M. Smitherman, Clerk
Pittsylvania County Board of Supervisors
7.c.a
Packet Pg. 22 Attachment: 2021-06-01 Rescind Declaration of Emergency (2578 : Resolution # 2021-06-01 (Rescind COVID-19 Local State of Emergency
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Resolution # 2021-06-02 (VDOT Rural Rustic Roads Designation) (Staff
Contact: Kaylyn M. McCluster)
Staff Contact(s): Kaylyn M. McCluster
Agenda Date: June 15, 2021 Item Number: 7.d
Attachment(s): 2021-06-02 VDOT Rural Rustics
Reviewed By:
SUMMARY:
Virginia Code § 33.1-70.1 permits the hard surfacing of certain unpaved roads that qualify for
designation as a Rural Rustic Road. For the Board’s review and consideration, attached is
Resolution # 2021-06-02 listing numerous County roads that the Virginia Department of
Transportation recommends the Board declare as Rural Rustic; thereby, enabling them to
potentially qualify for future paving/hard surfacing Rural Rustic Road Funds.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the Board adopt Resolution # 2021-06-02 as attached and presented.
MOTION:
“I make a Motion to adopt Resolution # 2021-06-02 as attached and presented.”
7.d
Packet Pg. 23
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
RESOLUTION # 2021-06-02
_____________________________________________________________________________
RURAL RUSTIC ROADS DESIGNATION
VIRGINIA: At the Pittsylvania County Board of Supervisors’ (“Board”) Business Meeting on Tuesday,
June 15, 2021, in the Board Meeting Room, the following Resolution was presented and adopted:
WHEREAS, §33.2-332, Code of Virginia, 1950, as amended, permits the hard surfacing of certain
unpaved roads deemed to qualify for designation as a Rural Rustic Road; and
WHEREAS, any such road must be located in a low-density development area and have no more than
1,500 vehicles per day; and
WHEREAS, the Board desires to consider whether the following Routes should be designated a Rural
Rustic Road:
• Route 929 (Victoria Road): From RTE 626 to dead end;
• Route 789 (Valley Road): From RTE 790 to RTE 40;
• Route 766 (Magnolia Road): From RTE 609 to dead end;
• Route 1052 (Pitchfork Road): From RTE 640 to dead end;
• Route 783 (Tomahawk Mill Road): From RTE 644 to RTE 649;
• Route 940 (Owens Mill Road): From RTE 756 to RTE 753;
• Route 654 (Daltons Farm Lane): From RTE 634 to RTE 931;
• Route 803 (Hawkins Road): From RTE 802 to 1.4 MI N RTE 802;
• Route 848 (Joe Carter Road): From RTE 847 to RTE 841;
• Route 792(Tucker Road): From RTE 671 to Stinking River Bridge;
• Route 1527 (Almond Road): From RTE 1526 to dead end;
• Route 893 (Chestnut Lane): From RTE 640 to dead end;
• Route 842 (Hollyville Drive): From RTE 703 to dead end;
• Route 822 (Ponderosa Road): From RTE 703 to dead end;
• Route 709 (Herman Farm): From RTE 718 to dead end; and
WHEREAS, the Board is unaware of pending development that will significantly affect the existing
traffic on these roads; and
WHEREAS, the Board believes that these roads should be so designated due to their qualifying
characteristics; and
WHEREAS, these roads are in the Board’s Six (6)-Year Plan for improvements to the secondary system
of state highways.
NOW, THEREFORE, BE IT RESOLVED, the Board requests that these roads be hard surfaced and,
to the fullest extent prudent, be improved within the existing right-of-way and ditch-lines to preserve as much as
possible the adjacent trees, vegetation, side slopes, and rural rustic character along the roads in their current state;
and
7.d.a
Packet Pg. 24 Attachment: 2021-06-02 VDOT Rural Rustics (2560 : Resolution # 2021-06-02 (VDOT Rural Rustic Roads Designation) (Staff Contact: Kaylyn M.
BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Virginia
Department of Transportation’s Residency Administrator.
Given under my hand this 15th day of June, 2021.
Recorded Vote: A Copy Teste:
Moved By:______________
Seconded By: ___________ Signed: _______________________
Yeas: _ Printed Name: David M. Smitherman
Nays: _ Title: Clerk
7.d.a
Packet Pg. 25 Attachment: 2021-06-02 VDOT Rural Rustics (2560 : Resolution # 2021-06-02 (VDOT Rural Rustic Roads Designation) (Staff Contact: Kaylyn M.
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Resolution # 2021-06-03 (VDOT Six (6)-Year Plan) Adoption (Staff
Contact: Kaylyn M. McCluster)
Staff Contact(s): Gregory L. Sides
Agenda Date: June 15, 2021 Item Number: 7.e
Attachment(s): 2021-06-03 VDOT Six Year Plan
Reviewed By:
SUMMARY:
Sections 33.2-358 and 33.2-364 of the Code of Virginia, 1950, as amended, provide the
opportunity for each County in the Commonwealth to work with the Virginia Department of
Transportation in developing a Secondary Six-(6) Year Road Plan (“Plan”). For the Board’s
review and consideration, Resolution # 2021-06-03, supporting the adoption of said Plan for
County roads for FY2022 – FY2027, is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the Board approve Resolution # 2021-06-03 as presented.
MOTION:
“I make a Motion to approve Resolution # 2021-06-03 as attached and presented and authorize
the County Administrator to sign any necessary related documentation.”
7.e
Packet Pg. 26
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
_____________________________________________________________________________
RESOLUTION # 2021-06-03
____________________________________________________________________________________________________________
Virginia: At the Pittsylvania County Board of Supervisors’ Business Meeting held in the Board
Meeting Room in Chatham, Virginia, on Tuesday, May 18, 2021, at 7:00 p.m., the following Board members
were present:
Joe B. Davis Dan River District
Timothy W. Dudley Staunton River District
Ben L. Farmer Callands-Gretna District
William V. (“Vic”) Ingram Tunstall District
Charles H. Miller, Jr. Banister District
Ronald S. Scearce Westover District
Robert (“Bob”) W. Warren Chatham-Blairs District
Motion made by Farmer, seconded by Dudley, and carried by a 7 to 0 vote of the Board:
WHEREAS, §§ 33.2-358 and 33.2-364, Code of Virginia, 1950, as amended, provide the opportunity
for each County to work with the Virginia Department of Transportation (“VDOT”) in developing the
Secondary Six (6)-Year Road Plan (“Plan”); and
WHEREAS, this Board has previously agreed to assist in the preparation of this Plan, in accordance
with VDOT policies and procedures, and participated in a Public Hearing on the proposed Plan (2022 - 2027)
on Tuesday, May 18, 2021, after being duly advertised so that all County citizens had the opportunity to
participate in said Public Hearing and to make comments and recommendations concerning the proposed Plan;
and
WHEREAS, Joseph Craddock, VDOT Assistant Resident Engineer, appeared before the Board and
recommended approval of the Plan; then
NOW, THEREFORE, BE IT RESOLVED, that since said Plan appears to be in the best interests of
the Secondary Road System in the County and of the citizens residing on the Secondary System, said Plan
hereby approved as presented at the Public Hearing.
Given under my hand this 15th day of June, 2021.
__________________________________________
Robert (“Bob”) W. Warren, Chairman
Pittsylvania County Board of Supervisors
__________________________________________
David M. Smitherman, Clerk
Pittsylvania County Board of Supervisors
7.e.a
Packet Pg. 27 Attachment: 2021-06-03 VDOT Six Year Plan (2561 : Resolution # 2021-06-03 (VDOT Six (6)-Year Plan) Adoption (Staff Contact: Kaylyn M.
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: DPCS Appointment (Tunstall District); (Supervisor Ingram)
Staff Contact(s): Supervisor Ingram
Agenda Date: June 15, 2021 Item Number: 7.f
Attachment(s): 05-21-2021 Deborah Stowe - DPCS
Reviewed By:
SUMMARY:
Emily Hill is the current Tunstall District representative on the Danville-Pittsylvania County
Community Services Board (“DPCS”), and her term expires June 30, 2021. Supervisor Ingram
desires to appoint Deborah Stowe (“Stowe”) to the DPCS Board for a four (4)-year term
beginning on July 1, 2021, and ending on June 30, 2025.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the Board support Supervisor Ingram’s request and appoint Stowe to
the DPCS Board for a four (4)-year term beginning on July 1, 2021, and ending on June 30,
2025.
MOTION:
“I make a Motion to Deborah Stowe to the DPCS Board for a four (4)-year term beginning on
July 1, 2021, and ending on June 30, 2025.”
7.f
Packet Pg. 28
BOARD OF SUPERVISORS
P.O. Box 426 • 1 Center Street
Chatham, Virginia 24531
Phone (434) 432-1987
_______________________________________________________________________________________________________
Committee, Board, and Commission Interest Form
Name Deborah Stowe Date 05/21/2021
Address:165 Stowe Lane Dry Fork, Virginia 24549 Phone(434)250-7118
Voting District Tunstall
Committee, Board, or Commission of Interest: Danville-Pittsylvania Community Services
Education Background: BS Mathematics Averett University; MEd. Curriculum and
Instruction University of Virginia; EdS. Administration University of Virginia
Occupation Retired School Principal
Why do you want to serve on this Board? I feel it is important to give back to the
community that has allowed me to nurture my family in a stable and safe environment.
Special Skills/Interests/Qualifications that would be of benefit to appointment: I was a
high school math teacher at Gretna High School for eighteen years and a middle
school administrator at Tunstall Middle School for fourteen years. During my tenure as a
middle school administrator, I was involved in working through emotional and
substance abuse issues within the school community.
*Please feel free to attach a cover letter or resume; although it is not required.
DISCLAIMER: The Pittsylvania County Board of Supervisors reserves the absolute legal right to
appoint an individual to any Committee, Board, or Commission. Moreover, completion and
submission of the Citizen Committee Interest Form does not guarantee an appointment to a
committee by the Pittsylvania County Board of Supervisors.
BUSINESS SAVVY. PEOPLE FRIENDLY.
7.f.a
Packet Pg. 29 Attachment: 05-21-2021 Deborah Stowe - DPCS (2577 : DPCS Appointment (Tunstall District); (Supervisor Ingram))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: DSS Appointments (4); (Banister; Callands-Gretna; Chatham-Blairs;
Tunstall); (Staff Contact: Kaylyn M. McCluster)
Staff Contact(s): Kaylyn M. McCluster
Agenda Date: June 15, 2021 Item Number: 7.g
Attachment(s):
05-13-2021 Lynn Dawson DSS Citizen Form
05-27-2021 Joey Bray-Social Services
06-02-2021 Lee Cameron - DSS Board
06-08-2021 Phillip Adams - DSS Board
Reviewed By:
SUMMARY:
Lee Cameron (Banister District), Joey Bray (Chatham-Blairs District), and Phillip Adams
(Tunstall District) currently serve as Pittsylvania County Department of Social Services (“DSS”)
Board Members with their terms expiring June 30, 2021. Supervisors Miller, Warren, and
Ingram desire to re-appoint their respective Members to the DSS Board for another four (4)-year
term beginning on July 1, 2021, and ending on June 30, 2025.
Andrea Johnson is the current Callands-Gretna District representative on the DSS Board, and her
term expires on June 30, 2021. She has fulfilled her two (2) term limit, and therefore is unable to
serve again. Supervisor Farmer desires to appoint Lynn Dawson to the DSS Board for a four (4)-
year term beginning on July 1, 2021, and ending on June 30, 2025. For the Board’s review,
related application materials are attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the Board support Supervisor Miller, Warren, Ingram, and Farmer’s
recommended appointments to the DSS Board as presented.
MOTION:
“I make a Motion to appoint Lee Cameron, Joey Bray, Phillip Adams, and Lynn Dawson to the
DSS Board for a four (4)-year term beginning on July 1, 2021, and ending on June 30, 2025.”
7.g
Packet Pg. 30
7.g.a
Packet Pg. 31 Attachment: 05-13-2021 Lynn Dawson DSS Citizen Form (2574 : DSS Appointments (4); (Banister; Callands-Gretna; Chatham-Blairs; Tunstall);
7.g.b
Packet Pg. 32 Attachment: 05-27-2021 Joey Bray-Social Services (2574 : DSS Appointments (4); (Banister; Callands-Gretna; Chatham-Blairs; Tunstall); (Staff
7.g.c
Packet Pg. 33 Attachment: 06-02-2021 Lee Cameron - DSS Board (2574 : DSS Appointments (4); (Banister; Callands-Gretna; Chatham-Blairs; Tunstall); (Staff
7.g.d
Packet Pg. 34 Attachment: 06-08-2021 Phillip Adams - DSS Board (2574 : DSS Appointments (4); (Banister; Callands-Gretna; Chatham-Blairs; Tunstall); (Staff
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Library Appointments (3); (Chatham-Blairs; Town of Hurt; Callands-
Gretna); (Staff Contact: Kaylyn M. McCluster)
Staff Contact(s): Kaylyn M. McCluster
Agenda Date: June 15, 2021 Item Number: 7.h
Attachment(s):
05-26-2021 Karen Eades - Library Board
06-01-2021 Phyllis Roach - Library Board
06-03-2021 York Pilson - Library Board
Reviewed By:
SUMMARY:
The following three (3) Library Appointments will expire June 30, 2021: Karen Eades
(Chatham-Blairs), Phyllis Roach (Town of Hurt), and York Pilson (Callands-Gretna). Their
respective Supervisors desire for each of them to be re-appointed for another four (4)-year term
beginning on July 1, 2021, and expiring on June 30, 2025.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends the Board re-appoint Karen Eades, Phyllis Roach, and York Pilson to
the Library Board for another four (4)-year term beginning July 1, 2021, and expiring on June
30, 2025.
MOTION:
“I make a Motion to re-appoint Karen Eades, Phyllis Roach, and York Pilson to the Library
Board for another four (4)-year term beginning July 1, 2021, and expiring on June 30, 2025.”
7.h
Packet Pg. 35
7.h.a
Packet Pg. 36 Attachment: 05-26-2021 Karen Eades - Library Board (2565 : Library Appointments (3); (Chatham-Blairs; Town of Hurt; Callands-Gretna))
Committee, Board, and Commission Interest Form
Board of Supervisors
P.O. Box 426 • 1 Center Street Chatham, Virginia 24531 Phone (434) 432-1987
Name Phyllis Roach
Address 207 Ramsey Road
City, State Hurt
Zip Code 24563
Phone Number 5105083367
Email Address roachphyl1@yahoo.com
Voting District Staunton River
Board, Committee, or
Commission of Interest
Library Board
*Disclaimer*
Members of the Board of Zoning Appeals are appointed by a local judge. The
Board of Supervisors can make recommendations, but a judge actually makes the
appointment.
Education Background Masters in Educational Leadership
Occupation retired school administrator
Why do you want to serve
on this board? Literacy has been my focus over the many years of my career
and helping Pittsylvania County citizens obtain the tools they
need to succeed is the focus of the library board. It has been
my pleasure to serve these past few years and I wish to
continue.
What special
skills/interests/qualifications
would benefit you in this
appointment?
Twenty years work as a teacher and administrator. Current
Director of the Pittsylvania County Literacy Program.
Resume or Cover Letter Field not completed.
DISCLAIMER: The Pittsylvania County Board of Supervisors reserves the absolute legal right to appoint an individual to any
Committee, Board, or Commission. Moreover, completion and submission of the Citizen Committee Interest Form does not
guarantee an appointment to a committee by the Pittsylvania County Board of Supervisors.
7.h.b
Packet Pg. 37 Attachment: 06-01-2021 Phyllis Roach - Library Board (2565 : Library Appointments (3); (Chatham-Blairs; Town of Hurt; Callands-Gretna))
PITTSYLVANIA BOARD OF SUPERVISORS
P.O. Box 426 • 1 Center Street
Chatham, Virginia 24531
COUNTY,VIRGINIA Phone (434) 432-1987
Committee, Board, and Commission Interest Form
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Please feel free to attach a cover letter or resume; although it is not required.
DISCLAIMER: The Pittsylvania County Board of Supervisors reserves the absolute legal right to
appoint an individual to any Committee, Board, or Commission. Moreover, completion and
submission of the Citizen Committee Interest Form does not guarantee an appointment to a
committee by the Pittsylvania County Board of Supervisors.
BUSINESS SAVVY. PEOPLE FRIENDLY.
7.h.c
Packet Pg. 38 Attachment: 06-03-2021 York Pilson - Library Board (2565 : Library Appointments (3); (Chatham-Blairs; Town of Hurt; Callands-Gretna))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: CPMT Appointments (2); (Staff Contact: Cheryl J. Boswell)
Staff Contact(s): Cheryl J. Boswell
Agenda Date: June 15, 2021 Item Number: 7.i
Attachment(s):
Reviewed By:
SUMMARY:
Virginia Code § 2.2-5205 authorizes the Board to appoint members to the County’s Community
Policy and Management Team (“CPMT”).
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff and Cheryl J. Boswell, CSA Coordinator, recommend that the Board appoint Amy
Edwards as CPMT Parent Representative and Monica Karavanic as CPMT Private Provider for
terms effective July 1, 2021, through June 30, 2022.
MOTION:
“I make a Motion to appoint Amy Edwards as CPMT Parent Representative and Monica
Karavanic as CPMT Private Provider for terms effective July 1, 2021, through June 30, 2022.”
7.i
Packet Pg. 39
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Sheriff's Department Canine Ownership Transfers Approval (Contact:
Sheriff Taylor)
Staff Contact(s): Sheriff Taylor
Agenda Date: June 15, 2021 Item Number: 7.j
Attachment(s): Canine Partners Letters
Reviewed By:
SUMMARY:
The County’s Sheriff’s Office requests consideration from the Board to relinquish the County’s
ownership of canine partner Majic to his handler, Deputy Ryan Furgurson. Kay Geyer, Doctor
of Veterinary Medicine, of Cherrystone Veterinary Hospital, states that Majic suffers from
progressive osteoarthritis, which prevents Majic from performing his essential job tasks of
explosives detection and bite work, without experiencing pain. Dr. Geyer’s professional opinion
is that Majic should be retired from service, as a working police dog, due to this illness. Deputy
Furguson has requested that Majic be released to his care, and, should the Board agree to transfer
ownership of Majic to Deputy Furgurson, he would become responsible for all of Majic’s care
and associated costs.
Due to current legislation changes regarding marijuana (a Schedule I substance), the County’s
Sheriff’s Office’s current canine partner, Flex, who is certified in detection of the odor of a
Schedule 1 substance, cannot be used any longer for this purpose. After consults with law
enforcement Master Canine Trainers, the Sheriff’s Office is advised canines cannot be
“untrained.” Hence, Flex’s retirement out of legal concerns has been recommended. Deputy
Matthew Reynolds, Flex’s handler, has requested for Flex to be released from the Sheriff’s
Office into his personal care. Should the Board agree to transfer ownership of Flex to Deputy
Reynolds, Deputy Reynolds would become responsible for all of Flex’s care and associated.
For the Board’s review, letters evincing the above are attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
The reduced food, medical, and care costs associated with the in-house reduction of two (2)
canines in the County Sheriff’s Department’s Canine Program.
RECOMMENDATION:
As the Sheriff’s Office has no objection, County Staff recommends the Board authorize the
transfer of ownership of Majic to Deputy Furgurson and the transfer of ownership of Flex to
Deputy Reynolds.
7.j
Packet Pg. 40
MOTION:
“I make a Motion to approve the transfer of ownership of Majic to Deputy Furgurson and the
transfer of ownership of Flex to Deputy Reynolds.”
7.j
Packet Pg. 41
7.j.a
Packet Pg. 42 Attachment: Canine Partners Letters (2559 : Sheriff's Department Canine Ownership Transfers Approval (Contact: Sheriff Taylor))
7.j.a
Packet Pg. 43 Attachment: Canine Partners Letters (2559 : Sheriff's Department Canine Ownership Transfers Approval (Contact: Sheriff Taylor))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Time and Attendance EFP Bid Award (Staff Contact: Connie M. Gibson)
Staff Contact(s): Connie M. Gibson
Agenda Date: June 15, 2021 Item Number: 7.k
Attachment(s): Andrews Tech
Reviewed By:
SUMMARY:
The County’s Purchasing Department issued a Request for Proposals (“RFP”) for Time and
Attendance on February 9, 2021. County Staff posted the advertisement on its website, the
Virginia Business Opportunity site, and ran the advertisement in The Chatham Star Tribune.
The County received ten (10) proposals and had the top three (3) ranking vendors give a
presentation. The Evaluation Committee concluded that Andrews Technology was the best fit
for the County. The proposed Time and Attendance Contract (“Contract”), attached, will be for
five (5) years.
FINANCIAL IMPACT AND FUNDING SOURCE:
Cost will be $65,420.00 for the first year and $26,350 for the remaining four (4) years. The life
of the contract will be $170,820. Funding will be coming from the County’s Capital
Improvement Budget line.
RECOMMENDATION:
County Staff recommends the Board award the Contract to Andrews Technology as attached and
presented.
MOTION:
“I make a Motion to award the Contract to Andrews Technology as attached and presented.”
7.k
Packet Pg. 44
7.k.a
Packet Pg. 45 Attachment: Andrews Tech (2558 : Time and Attendance EFP Bid Award (Staff Contact: Connie M. Gibson))
7.k.a
Packet Pg. 46 Attachment: Andrews Tech (2558 : Time and Attendance EFP Bid Award (Staff Contact: Connie M. Gibson))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Award of Bid for Solid Waste Rolloff Truck (Staff Contact: Richard N.
Hicks)
Staff Contact(s): Richard N. Hicks
Agenda Date: June 15, 2021 Item Number: 7.l
Attachment(s): Sourcewell Quote ID#1640HD
Reviewed By:
SUMMARY:
The FY 21/22 County Landfill Budget includes funds for the purchase of a new roll-off truck
(“truck”) for solid waste collection. Connie Gibson, Purchasing Manager, found a truck through
the Sourcewell Contract, as authorized by cooperative procurement, and the Vendor would be
the National Auto Fleet Group, a company that the County has purchased from in the past. The
Proposal 060920 (“Proposal”) for the truck was $182,041. For the Board’s review and
consideration, said Proposal is attached.
With the Board’s authorization, County Staff desires to submit a Purchase Order on July 1, 2021,
for the truck, and the truck would be available around the second week of July. Gibson was able
to find a second truck at an estimated cost of $165,000, but this truck would not be available
until after the first of the year. County Landfill Staff is still having difficulties keeping its two (2)
oldest trucks on the road due to maintenance issues and could easily spend more money on the
old truck between now and the first of the year. This would also allow more time to perform
some more detailed maintenance on the older trucks that will still be in use.
FINANCIAL IMPACT AND FUNDING SOURCE:
$182,041. Funds are included in the FY 21/22 County Landfill budget for the purchase of the
truck.
RECOMMENDATION:
County Staff recommends the purchase of the truck listed in attached Proposal in the amount of
$182,041.
MOTION:
“I make a Motion to purchase the truck listed in the attached Proposal in the amount of
$182,041.”
7.l
Packet Pg. 47
National Auto Fleet Group
A Division of Chevrolet of Watsonville
490 Auto Center Drive, Watsonville, CA 95076
(855)289-6572 • (831) 480-8497 FaxFl eet@N atio n a IAuto Fl eetG ro up .com
Contract Manager
HD@NationalAutoFleetGroup.com
Office (855) 289-6572
Fax (831) 480-8497
RA.INII
Quote ID#1640HD
Contract Price
43.00%
Saving
$ 106,856.00Chassis and Option
Carolina Envirnmental Quote
Tax (0.00%)
Total
This vehicle(s) is available under the Sourcewell (Formerly Known as NJPA) Contract 060920-
NAF. Please reference this Bid Number on all Purchase Orders.
Thank you in advance for your consideration. Should you have any questions, please do not
hesitate to call.
Sincerely,
$ 139,066.00
$ 42,975.00
$ 0.00
DiscountMSRP
$ 245,922.00
$ 182,041.00
5/28/2021
Ms. Connie Gibson
Pittsylvania County
1 Center Street
Chatham, VA 24531
Dear Connie Gibson,
National Auto Fleet Group is pleased to quote the following vehicle(s) for your
consideration. One (1) New/Unused (2020 Kenworth T880, MX-13 455 Engine, Allison
4500 RDS Transmission with 60k Roll Off Hoist) and provided by Mr. Craig Stollings with
Kenworth, each for:
7.l.a
Packet Pg. 48 Attachment: Sourcewell Quote ID#1640HD (2581 : Award of Bid for Solid Waste Rolloff Truck)
Carolina Environmental Systems, Inc.
306 Pineview Drive, Kernersville, NC 27284
2701 White Horse Road, Greenville, SC 29611
500 Lee Industrial Blvd, Austell, Ga 30168
Phone: 800-239-7796
336-869-9900
HOIST QUOTE
06/05/20
Robert Gomez
Worldwide Equipment
We would like to submit the following specifications and pricing on one (1) new Galbreath
Rolloff hoist and Pioneer tarper mounted on a chassis with Allison 4500RDS Transmission.
Hoist Specs
New Galbreath 60,000 lbs. reeving type outside rail
Model – U5-OR-174, 22” long
48 degree dump angle
Front – automatic nose roller container lock, rear ratchet straps
Main frame – 10”x4”x1/2” A500 tubing
Cylinders: Lift 6”x4.5” rod x 72”, Reeving 7”x3” rod x 80”
Low pressure hydraulics – 1850 PSI
50 gallon oil tank with filter
Hot Shift PTO for Allison 4500
Inside air controls, outside levers
Hoist up – in cab – light
Automatic rear folding ICC bumper, back up alarm
Rear light bar with 4” recessed bulbs, 4-red LED, 2-clear regular, LED side markers
Mid body turn signals – LED
Steel tool box – 48” x 20” x 16”
Tandem steel fenders
Work lights on tarp gantry
Rear Window Screen
Mud flaps
Hucks bolts used on mounting at CES facility
RP4500SARG Pioneer rack and pinion tarp system with integrated valve
Galbreath warranty – 1 year excluding cable, 2 year hydraulic
High gloss black paint
Overspeed PTO/Pump Protection
7.l.a
Packet Pg. 49 Attachment: Sourcewell Quote ID#1640HD (2581 : Award of Bid for Solid Waste Rolloff Truck)
Special Price: $ 42,975.00
Price does not include any applicable taxes or delivery
We sincerely appreciate the opportunity to submit the above quotation. If we may answer any
questions or be of service to you in any way, please do not hesitate to contact us at 1-800-239-
7796.
Sincerely,
Jimmy Davis
Carolina Environmental Systems
7.l.a
Packet Pg. 50 Attachment: Sourcewell Quote ID#1640HD (2581 : Award of Bid for Solid Waste Rolloff Truck)
Price Level: January 1, 2020 Date: May 27, 2021
Deal: VIN 349511 Quote Number: QUO-747338-B4F9X2
Printed On: 5/27/2021 2:26:30 PM
Page 1 of 11
Unit Chassis
Model: T880 Series Conventional Fr Axle Load (lbs): 20000
Type: FULL TRUCK Rr Axle Load (lbs): 46000
Description 1: VIN 349511 G.C.W. (lbs): 74500
Description 2:
Application Road Conditions:
Intended Serv.: Construction: Vehicles used in the
cons
Class A (Highway) 81
Commodity: Other building materials. Class B (Hwy/Mtn) 19
Class C (Off-Hwy) 0
Body Class D (Off-Road) 0
Type: Roll on/roll off. Maximum Grade: 6
Length (ft): 20 Wheelbase (in): 264
Height (ft): 13.5 Overhang (in): 90
Max Laden Weight
(lbs):
4000 Fr Axle to BOC (in): 68
Cab to Axle (in): 196
Trailer Cab to EOF (in): 286
No. of Trailer Axles: 0 Overall Comb. Length (in): 402.5
Type:
Length (ft): 0 Special Req.
Height (ft): 0 U.S. Domestic registry, 50-state.
Kingpin Inset (in): 0
Corner Radius (in): 0
Restrictions
Length (ft): 120
Width (in): 102
Height (ft): 13.5
WORLDWIDE EQUIPMENT - ABINGDON (B325)
18285 LEE 1-81 @ EXIT 31
ABINGDON, Virginia 24210
PITTSYLVANIA COUNTY
1 CENTER STREET - PO BOX 426
CHATHAM , Virginia 24531
United States of America
Arnold Day
Cell Phone: 304-887-6528
Office Phone: 276-628-8103
Email: arnold.day@thetruckpeople.com
Vehicle Summary
Approved by: Date:
Note: All sales are F.O.B. designated plant of manufacture.
7.l.a
Packet Pg. 51 Attachment: Sourcewell Quote ID#1640HD (2581 : Award of Bid for Solid Waste Rolloff Truck)
Price Level: January 1, 2020 Date: May 27, 2021
Deal: VIN 349511 Quote Number: QUO-747338-B4F9X2
Printed On: 5/27/2021 2:26:30 PM
Page 2 of 11
Std/
Opt Description Weight
Model
S T880 Series Conventional 14,844
S T880 0
O CARB Idle Emissions Reduction - MX 0
S Non-Sleeper w/rear axle capacity less than 59K. 0
Engine & Equipment
S MX-13 455 455@1600 1650@900
2021 with Engine Brake
N09020 AE001 NO....ENBL MX RETARDER IN NEUTRAL
N08200 AE002 650...IDLE TARGET
N09100 AA003 64....CC MAX TARGET SPD
N09110 AA004 10....CC MIN ENABLE SPD
N09120 AA005 OFF...DYNAMIC CC ENABLE
N09440 AA061 2000..CAB:MAX ENG SPD-ACCEL CNTRL
N09430 AA062 2000..CAB: MAX ENG SPD - SW CNTRL
N09420 AA063 6.....CAB: MAX VEH SPD
N09510 AA065 800...CAB: DEDICATED PRESET "-"
N09520 AA066 900...CAB: DEDICATED PRESET "+"
N09640 AA050 0.....CAB: CUSTOM PRESET 1
N09650 AA052 0.....CAB: CUSTOM PRESET 2
N09660 AA054 0.....CAB: CUSTOM PRESET 3
N09400 AA068 YES...CAB:ACCEL ACTV IN CAB PTO
N09540 AA074 2000..REM:MAX ENG SPD-ACCEL CNTRL
N09530 AA075 2000..REM:MAX ENGSPD-SW/TSC1 CTRL
N09610 AA077 800...REM: DEDICATED PRESET "-"
N09620 AA078 900...REM: DEDICATED PRESET "+"
N09670 AA044 750...CAB/REM: CUSTOM PRESET 1
N09680 AA046 850...CAB/REM:CUSTOM PRESET 2
N09690 AA048 950...CAB/REM: CUSTOM PRESET 3
N09410 AA069 YES...PTO REM PEDAL ENABLE
N09550 AA076 650...REM: MIN ENG SPD
N09450 AA064 650...CAB: MIN ENG SPD
N09760 AA009 5.....DRIVER REWARD VEH SPD BONUS
N09770 AA010 -5....DRIVER REWARD VEH SPD PNLTY
N09720 AA015 3.....MIN SPD FOR DR SHIFT AID
N09730 AA016 10....DSA LOWEST ACTV GEAR
N09740 AA017 1.....DSA HIGHEST ACTV GEAR
N09340 AA019 YES...EIST PARK BRK RESET ENABLE
N09300 AA022 30....EIST LO CLNT TEMP OVERRIDE
N09290 AA023 80....EIST HI AMBAIR TEMP OVRRDE
N09280 AA024 39....EIST LO AMBAIR TEMP OVRRDE
N09260 AA025 5.....EIST PTO MAX IDLE TIME
N09230 AA026 5.....EIST PARKED MAX IDLE TIME
N09220 AA027 5.....EIST STANDSTILL IDLE TIME
N09240 AA029 YES...EIST RESET FROM ENG LOAD
N09250 AA030 NO....EIST OVERRIDE FROM ENG LOAD
0
7.l.a
Packet Pg. 52 Attachment: Sourcewell Quote ID#1640HD (2581 : Award of Bid for Solid Waste Rolloff Truck)
Price Level: January 1, 2020 Date: May 27, 2021
Deal: VIN 349511 Quote Number: QUO-747338-B4F9X2
Printed On: 5/27/2021 2:26:30 PM
Page 3 of 11
Std/
Opt Description Weight
N09310 AA032 YES...EIST ACCEL PEDAL RESET
N09330 AA033 YES...EIST SERVICE BRK RESET
N09320 AA034 YES...EIST CLUTCH PEDAL RESET
N09270 AA035 YES...EIST PTO OVERRIDE
N08030 AA086 64....MAX ACCEL PEDAL VEH SPD
N08020 AA088 64....LRSL SPD LMT
N09350 AA042 1900..FAST IDLE CNTRL MAX ENG SPD
N09050 AA037 4.....DSL SPD OFFSET
N09040 AA038 2.....AUTO RTRDR VEH SPD OFFSET
N09030 AA039 0.....TIME DELAY FOR RTRDR ACT
N09130 AA006 MT....MULTI TORQUE IN CC
N09080 AQ001 4.....PCC Negative Offset
N09090 AQ002 4.....PCC Positive Offset
N09710 AA089 NO....REMOTE INPUTS IN CAB PTO
N09780 AA049 CNCL..CAB: CUSTOM PRESET 1 FUNC
N09790 AA051 CNCL..CAB: CUSTOM PRESET 2 FUNC
N09800 AA053 CNCL..CAB: CUSTOM PRESET 3 FUNC
N09500 AA060 OFF...CAB: PRESET +/- SW TYPE
N09630 AA067 TRQ...CAB:ACCEL PEDAL TYPE IN PTO
N09470 AA055 ON....CAB: CLUTCH INTLK
N09840 AA056 OFF...CAB: CUSTOMER INTLK
N09480 AA057 ON....CAB: NEUTRAL INTLK
N09460 AA058 ON....CAB: PARK BRK INTLK
N09490 AA059 ON....CAB:SER BRK INTLK:NO PTO
N09810 AA043 CNCL..CAB/REM:CUSTOM PRESET1 FUNC
N09820 AA045 CNCL..CAB/REM:CUSTOM PRESET2 FUNC
N09830 AA047 ......CAB/REM:CUSTOM PRESET3 FUNC
N09600 AA079 OFF...REM: PRESET +/- SW TYPE
N09560 AA070 ON AD.REM: CLUTCH INTLK
N09700 AA071 OFF...REM: CUSTOMER INTLK
N09570 AA072 ON AD.REM: NEUTRAL INTLK
N09580 AA073 ON AD.REM:SER BRK INTLK:NO PTO
N09750 AA013 NONE..OFFSET MODE
N09200 AA031 0.....EIST EXPIRATION DISTANCE
N08000 AA087 0.....VSL EXPIRATION DISTANCE
N08200 AE002 650...IDLE TARGET
S PremierSpec 0
O Engine monitoring protection -Derate- PACCAR MX
engine parameter.
0
O MX Retarder State Cruise Control On Manual Mode
Selecting this code will program the engine controller to make manual
mode available when cruise control is on, but not set, and the engine
brake switch is on. Manual mode means the engine retarder activates
whenever the throttle pedal is not depressed. 2013+
0
O Enable MX Retarder Auto-Retard
Selecting this code will program the engine to utilize the auto retard
mode whenever cruise control speed has been set and the engine
brake switch is on. The auto-retard mode will control the vehicle speed
to an offset from the cruise control set speed via the engine retarder.
0
7.l.a
Packet Pg. 53 Attachment: Sourcewell Quote ID#1640HD (2581 : Award of Bid for Solid Waste Rolloff Truck)
Price Level: January 1, 2020 Date: May 27, 2021
Deal: VIN 349511 Quote Number: QUO-747338-B4F9X2
Printed On: 5/27/2021 2:26:30 PM
Page 4 of 11
Std/
Opt Description Weight
The offset speed shall be dependent upon customer inputs via the
electronic programming work screen. 2013+ O Effective VSL Setting NA 0
O Engine Idle Shutdown Timer Disabled 0
O Eff EIST NA Expiration Miles
Use only with MX and Cummins engines
0
S Air Compressor: WABCO 25.9 CFM PACCAR MX
2017+ 440cc Air Compressor
0
S Air Cleaner: composite firewall mounted PACCAR or
Cummins engines
0
S Fan hub: Horton 2-Speed for PACCAR MX 0
S Cooling module: 1330 square inches.
Includes aluminum radiator core, aluminum charge air cooler,
translucent surge tank and washer bottle, silicone hoses, and extended
life coolant.
0
O Radiator bug screen mounted between hood &
grille.
2
S EXH: 2021 RH Under DPF/SCR with RH SOC Vertical
tailpipe. Not 2.1m high roof sleepers
0
S Tailpipe: 5 in. single 36 in. 45 degree curved. 0
S Fuel Filter: PACCAR Extended Service Interval
On-Engine Fuel/Water Seperator. 2021 Emissions MX Engines only.
0
S Run Aid:Fuel Heat
*For Fuel Filter
0
S Start Aid:12V Heat
*For Fuel Filter
1
S Alternator: PACCAR 160 amp, brush type 0
S Batteries: 3 PACCAR GP31 threaded post (700-730)
2100-2190 CCA dual purpose.
0
U PACCAR 12V STARTER
Narr PACCAR 12V STARTER
0
S PACCAR Premium 12V Starter with PACCAR MX Engines
PACCAR 12 volt electrical system. With centralized power distribution
incorporating plug-in style relays. Circuit protection for serviceability, 12-
volt light system w/circuit protection circuits number & color coded.
0
O Battery disconnect switches 2, mounted on
battery box.
2
S 12V low voltage disconnect for starter battery
protection.
0
O Jump start terminals under hood. 12
S Remote PTO/Throttle, 12-Pin, Engine Bay
Remote Control Provision
0
Transmission & Clutch
7.l.a
Packet Pg. 54 Attachment: Sourcewell Quote ID#1640HD (2581 : Award of Bid for Solid Waste Rolloff Truck)
Price Level: January 1, 2020 Date: May 27, 2021
Deal: VIN 349511 Quote Number: QUO-747338-B4F9X2
Printed On: 5/27/2021 2:26:30 PM
Page 5 of 11
Std/
Opt Description Weight
O Transmission: Allison 4500RDS 6-speed
w/o retarder, w/PTO provision. 5th generation. For vocational
applications. Includes shift control, transmission oil temperature gauge,
oil level sensor & heat exchanger. Transynd transmission fluid is
standard on all Allison 1000, 2000, 3000 & 4000 series transmissions.
280
O Driveline: 3 Dana 1810 heavy-duty W/2
centerbearings *Heavy duty is 1810HD series.
160
O Torque converter included w/Allison
Transmission.
0
O Pushbutton control center console mounted.
Class 8 with Allison Transmission.
0
O Delete Allison Fuel Sense 0
O J1939 Park Brake Auto Neutral 0
Front Axle & Equipment
S PACCAR FX-20 ST Fr Axle rated @ 20K 4" drop
standard track
0
O Front Brakes: 22K Bendix ES S-cam 16.5x6 in. -46
O Front Brake Drum: 22,000 lbs. 16-1/2x6 in. Cast. 104
S Front Hubs Aluminum hub pilot 20,000 lbs.
16.5x6in. or 7in. or air disc brakes. 10 Bolt, 11-1/4 in. bolt circle.
0
S ConMet PreSet Plus Hub package; front axle. 0
S Hubcap: front vented.
0
O Front Auto Slack Adjuster. 0
S Front Springs: Taperleaf 20K w/ shock absorbers
w/ maintenance-free elastomer spring pin bushings. Standard with
rubber pins except for C500 which has threaded pins. Not available on
W900L. W900B use 2866021.
0
S Dual power steering gear: 16-22K Sheppard HD94.
Heavy duty. Not for use on T3.
0
S Power Steering Cooler:Radiator Mounted Air-to-Oil 0
Rear Axle & Equipment
S Dual Meritor RT46-160 rear axle rated at 46K.
Tandem rear axles.
0
O Rear Axle Ratio - 4.89. 0
S Dual Rear Brakes 16-1/2x7 in. to 46K;
Bendix ES-extended service S-cam.
0
S Dual Rear Brake Drums: cast.
0
7.l.a
Packet Pg. 55 Attachment: Sourcewell Quote ID#1640HD (2581 : Award of Bid for Solid Waste Rolloff Truck)
Price Level: January 1, 2020 Date: May 27, 2021
Deal: VIN 349511 Quote Number: QUO-747338-B4F9X2
Printed On: 5/27/2021 2:26:30 PM
Page 6 of 11
Std/
Opt Description Weight
S Dual Rear Hubs: Aluminum hub pilot 46K
11-1/4 in. bolt circle.
0
S ConMet PreSet Plus Hub package; dual rear axle. 0
S Dual Rear axle automatic slack adjusters.
0
O Spring Brake: 3030 high output dual.
0
O Bendix 4S/4M anti-lock brake system. 0
O Interaxle driveline:1 Dana 1710 Series 0
O Driver Controlled Differential Lock (Crosslock)
for Meritor Axles 40K to 52K forward rear & rear rear axle. Under
Speed Interlock is standard on T680.
39
O Tandem Hendrickson HAULMAAX EX (HMX) 460 46K.
54 in. axle spacing, 16.5 in. saddle height. With shocks, track rods and
rubber bolster bushings. Unladen Height: 11.5 in. Laden Height: 9.5 in.
177
Tires & Wheels
O Front tires: Bridgestone M870 315/80R22.5 20PR
All Position
94
O Rear tires: 2 Goodyear G751 MSA 315/80R22.5 20PR 320
O Rear Tire Quantity: 8 0
O Front Wheel: Alcoa 89U63 22.5X9 AL
Ultra ONE Wheel.
-39
S Rear Wheel: Accuride 50344 22.5x8.25 steel
Steel Armor[TM] powder coat, hub-pilot mount. Heavy-duty 5 hand-hole
hub pilot mount. Code is priced per pair of wheels.
0
U Rear Wheel: Alcoa 88367/Acc 50344 heavy-duty
Narr RR whl:Alcoa 88367/Acc 50344 HD hub pil
-9
S Powder coat white steel wheel. Use in conjunction
with front, dual front, rear, spare or lift axle wheel code(s). All wheels
on chassis must have same finish color.
0
O Rear Wheel/Rim Quantity: 8 0
Frame & Equipment
O Frame Rails: 10-5/8 x 3-1/2 x 5/16 in. Steel to
337 in. to 416 in. Truck frame weight is 2.91 lb.-in. per pair of rails.
Section modulus is 14.80, RBM is 1,776,000 in-lbs per rail. Frame rail
availability may be restricted based upon application, axle/suspension
capacity, fifth wheel setting, or component/dimensional specifications.
The results of the engineering review may result in a change to the
requested frame rail. If a change is required Kenworth Application
Engineering will advise the dealer of the appropriate material
specification for a substitute rail.
387
O Full Steel Insert: for 10-5/8 in. or 10-3/4 in. 769
7.l.a
Packet Pg. 56 Attachment: Sourcewell Quote ID#1640HD (2581 : Award of Bid for Solid Waste Rolloff Truck)
Price Level: January 1, 2020 Date: May 27, 2021
Deal: VIN 349511 Quote Number: QUO-747338-B4F9X2
Printed On: 5/27/2021 2:26:30 PM
Page 7 of 11
Std/
Opt Description Weight
Steel 337 in. to 416 in. or 2nd insert for 11-5/8 in. steel frame. Adds
1,149,000 in-lb to main rail RBM. Truck insert weight is 2.05 lb.-in. per
pair of rails. Full frame insert length is equal to wheelbase plus rear
frame cutoff plus dimension forward of front axle by model: T660, T680,
T800, T880 = 21.26 in.; C500B = bumper setting minus 0.79 in.; W900B
= 5.27 in., W900L = 1.50 in., W900S = 3.27 in.; T440/T470 50 in.
bumper setting = 21.26 in., T470 73 in. bumper setting = 72.3 in.
O Bumper: Tapered chrome steel channel. Requires a
bumper setting code.
63
S 48.5 in. Bumper setting. Requires a bumper code. 0
O Front tow hook: Center mounted, cast.
Requires iron front drive brackets.
28
O Front mudflaps. 0
O Battery box cantilever aluminum BOC with
fiberglass cover.
8
O Battery box location: RH Side. 15
S T470,C5, T6, T8 non-polished DPF/SCR or CNG cover
diamond plate w/ step. For use w/ 2010 or later exhaust systems. For
T8, use extended length non-polished battery box on opposite rail to
match the length of under cab components. End plates will be painted
standard black frame color.
0
O Final end-of-frame cut-off dimension will be
modified to 61 in. to 65 in.
0
S Rear mudflap arms: Betts B-25 standard-duty,
straight. Includes B1732 mounting brackets as standard.
0
O Rear mudflap shields: black rubber anti-sail
without logo. 28 in. wide, 0.25 in. thick.
9
S Square end-of-frame w/o crossmember; non-towing. 0
Fuel Tanks & Equip
O Fuel Tank: 90 US gallon 24.5in. aluminum under
replace. Class 8 fuel tanks w/ o locking caps include an anti-siphon
device on the filler neck.
-4
S Small round DEF tank, 14 gallons.
The DEF tank will be located on the side you specified. If you have
specific configuration or body builder concerns, please utilize the
Custom Frame Layout option. Standard capacity is calculated by fuel
capacity of the vehicle and will accommodate two diesel fill-ups for
every DEF fill-up. For 1:1 DEF fuel fill ratio, add 7889204.
0
O Heavy-duty 7in. steel supports/straps for one
24.5 in tank. Two supports per tank.
18
S DEF to fuel fill ratio 2:1 or greater. 0
S Anti-siphon device in fuel tank filler neck.
For any number of fuel tanks.
0
S DEF tank location is LH. 0
7.l.a
Packet Pg. 57 Attachment: Sourcewell Quote ID#1640HD (2581 : Award of Bid for Solid Waste Rolloff Truck)
Price Level: January 1, 2020 Date: May 27, 2021
Deal: VIN 349511 Quote Number: QUO-747338-B4F9X2
Printed On: 5/27/2021 2:26:30 PM
Page 8 of 11
Std/
Opt Description Weight
O Location: 90 gal fuel tank LH under cab 0
Cab & Equipment
S Cab: Stamped aluminum cab with panoramic curved
glass windshield. Standard with stamped aluminum doors, heavy duty
in-swinging hinges, and triple sealed doors. Manufactured using self-
piercing rivets and structural adhesive. Includes LED exterior marker
lights and turn signals.
0
S Hood: T880 Short Length MX-Optimized W/Mechan.
Fastened Fenders. 116.7 inch BBC.
0
S Cab HVAC - Day Cab and 40in Sleeper
System With Defrost, A/C, and 48,000 BTU/hr Heater. Includes
automatic temperature control with one touch defrost operation and
dash mounted cab temperature and solar intensity sensors. Pleated
fresh air filter and cabin recirculation air filter standard. The Kenworth
HVAC system is designed to provide optimal heating and cooling in all
operating environments without need for additional insulation. Cab
HVAC without sleeper heater AC is available with 40in sleeper.
0
S Kenworth Smartwheel: 18 in. Non-Leather With
Integrated Radio and Cruise Controls.
0
O Column Mtd Retarder Control, RH Side
Use with Manual & Allison Transmissions Only.
0
S Adjustable telescoping tilt steering column. 0
O Dash Mounted Compact Trailer Brake Valve.
Self Returning.
0
O Two spare switches: Wired to power. 0
O Gauge: Axle oil temperature, dual-drive axle.
(2 gauges) w/integral warning light.
0
S MAIN INSTRUMENT PACKAGE: 15" Digital Display.
Includes Speedometer, Tachometer, Primary Air Pressure, Secondary
Air Pressure, Fuel Level #1, DEF Level, DPF Filter Status, Fuel
Economy, Oil Pressure, Coolant Temp, OAT and Voltmeter, and Air
Application.
3
S Interior color: Slate Gray 0
S Interior package: Vantage daycab
Includes durable headliner and vinyl sidewalls with geometric patterned
trim and anodized aluminum accents throughout. Convenient overhead
storage cubbies, full size glove box, two center console cupholders, and
large door pad map pocket. Standard LH/RH power windows, electric
door locks, interior LED lighting, nighttime-friendly red ambient lighting
for dash and footwell, and door mounted courtesy light. Includes two
standard 12V power outlets. Driver sunvisor includes strap.
0
S Rubber floormat 0
S Driver Seat: GT701 HB with Cloth w/ Vinyl
material. The GT701 is standard with a single air bag, scissor linkage
seat suspension. It includes a single chamber lumbar support, 10in
0
7.l.a
Packet Pg. 58 Attachment: Sourcewell Quote ID#1640HD (2581 : Award of Bid for Solid Waste Rolloff Truck)
Price Level: January 1, 2020 Date: May 27, 2021
Deal: VIN 349511 Quote Number: QUO-747338-B4F9X2
Printed On: 5/27/2021 2:26:30 PM
Page 9 of 11
Std/
Opt Description Weight
Fore/Aft adjustment, 7in Up/Down adjustment, 2.5in pan extension, 51
degree seat back recline, and 16 degree full seat tilt. Includes 3-point
matching seat belts. DR seat standard w/ dual armrests. S Rider Seat: GT100 Toolbox HB with Cloth w/ Vinyl
material. The GT100 seats are standard with fixed base. Includes 3-
point matching seat belts. Rider seat standard w/ LH armrest.
0
O Seat Color: Gray 0
O Kenworth Radio DEA710 AM/FM/WB/USB, Bluetooth 0
O Base Level Audio System - Daycab:High Performance
Door Speakers.
2
O CB installation kit: Center mounted of header.
W/header mounted quick release CB mount. One red power post & one
black ground post. Includes dual antenna leads located on the mirror
brackets. Includes dual antenna & separate speaker.
2
S Kenworth TruckTech+
The Kenworth Remote Diagnostics system provides the Worlds Best
reporting of engine and aftertreatment fault codes, as well as enhanced
support for the truck owner through rapid communication of fault
severity and recommended actions. This option is Standard on all
Heavy Duty Kenworths with a PACCAR MX engine, Cummins X15
engine, PX engine or Natural Gas engine. Optional on Medium Duty
Kenworths.
0
S Dual Cab Interior Grabhandles: A Pillar Mounted
Dash Wrap and B Pillar Mounted Grabhandles
0
S Kenworth Daylite Door with standard LH/RH
electric door locks and LH/RH electric window controls.
0
O Dual rectangular air horn 23 in. LH & RH top of
roof. Includes air horn covers.
4
S Look-Down, Pass. Door, Black 11x6 0
S Aero Mirror: Dual Kenworth Aerodynamic Motorized
heated mirrors, 7in X 13in with cab color mirror shell and black mirror
arms. Also includes LH/RH heated 6in X 7in convex mirrors. Mirror
brackets set for 8-1/2 ft load width. Mirror controls located on driver
side door pad.
0
S Rear cab stationary window 19in x 36in 0
O Two additional outboard windows 19in x 12in 10
S One-piece bonded-in windshield with curved glass.
Standard.
0
S Exterior stainless steel sunvisor. 19
O Wheelwell Fender Extension: 4.5 inches 1
S Kenworth Cab/Sleeper Air Suspension. 0
Lights & Instruments
7.l.a
Packet Pg. 59 Attachment: Sourcewell Quote ID#1640HD (2581 : Award of Bid for Solid Waste Rolloff Truck)
Price Level: January 1, 2020 Date: May 27, 2021
Deal: VIN 349511 Quote Number: QUO-747338-B4F9X2
Printed On: 5/27/2021 2:26:30 PM
Page 10 of 11
Std/
Opt Description Weight
S Headlamps: SAE Dual Halogen Complex Reflector 0
S Marker Lights: Five, rectangular, LED 0
O Turn Signal Lights: Flush mounted LED mounted at
top of fender wheel arc
0
S LED Stop,Turn,Tail: With Two LED
Backup Lights and With An LED License Plate.
0
S Marker Lights: Interrupter Switch.
Included in Turn Signal For All Models Except T3. The T3 Switch Is In
The Dash.
0
O Reflectors: Two Midframe 0
Air Equipment
U Air Dryer Bendix AD-IS heated Puraguard
Narr Air Dryer Bendix AD-IS Puraguard heated
0
S Air Dryer: Bendix AD-HF Puraguard Heated 0
S Moisture ejection valve w/ pull cable drain. 0
O Full truck kit: Gladhands mounted at end-of-
frame. Seven-way female receptacle mounted at end-of-frame in
taillamp bracket. Kit includes dash mounted trailer air supply valve,
trailer hand control valve, and hoses/fittings for the valves. Dash
mounted parking brake valve, tractor protection valve, and spring brake
inversion/relay valves are standard.
15
S Nylon air tubing in frame & cab, excluding hoses
subject to excessive heat or flexing.
0
O Trailer ABS electric supply through SAE J560
7-pin connector per TMC RP137).
0
Extended Warranty
O Base Warranty - PACCAR MX-11 & MX-13 Engine
24 months / 250,000 miles / 400,000 km / 6250 hours.
0
S Base Warranty - Standard Service Heavy Duty
12 months / 100,000 miles / 160,000 km.
0
Miscellaneous
O GHG Secondary Manufacturer: Does Not Apply 0
O Additional lead time required for off highway &
/or specialty component truck.
0
O Warning triangle reflector kit: Shipped loose.
Kit consists of 3 triangles in plastic carrying case. Not floor mounted.
4
O One 5 lb. dry chemical type fire extinguisher
mounted inboard of driver seat. Class ABC.
11
S VMUX Architecture 0
Promotions
7.l.a
Packet Pg. 60 Attachment: Sourcewell Quote ID#1640HD (2581 : Award of Bid for Solid Waste Rolloff Truck)
Price Level: January 1, 2020 Date: May 27, 2021
Deal: VIN 349511 Quote Number: QUO-747338-B4F9X2
Printed On: 5/27/2021 2:26:30 PM
Page 11 of 11
Std/
Opt Description Weight
Paint
O Paint color number(s).
N9702 A - L0006 WHITE
N9720 FRAME N0001 BLACK
0
O Bumper Unpainted 0
O Day Cab Standard Paint 0
S 1 - Color Paint - Day Cab
Color will be White if no other color is specified.
0
S Base coat/clear coat.
The Kenworth Color Selector contains additional instructions, as well as
information on Kenworth paint guidelines and surface finish
applications. Kenworth is standard with Dupont Imron Elite paint.
0
Order Comments
Total Weight 17,305
Prices and Specifications Subject to Change Without Notice.
Unpublished options may require review/approval.
Dimensional and performance data for unpublished options may vary from that displayed in CRM.
PRICING DISCLAIMER
While we make every effort to maintain the web site to preserve pricing accuracy, prices are subject to change
without notice. Although the information in this price list is presented in good faith and believed to be correct at
the time of printing, we make no representations or warranties as to the completeness or accuracy of this
information. We reserve the right to change, delete or otherwise modify the pricing information which is
represented herein without any prior notice. We carefully check pricing specifications, but occasionally errors can
occur, therefore we reserve the right to change such prices without notice. We disclaim all liability for any errors
or omissions in the materials. In no event will we be responsible for any damages of any nature whatsoever from
the reliance upon information from these materials. Please check your order prebills to confirm your pricing
information
7.l.a
Packet Pg. 61 Attachment: Sourcewell Quote ID#1640HD (2581 : Award of Bid for Solid Waste Rolloff Truck)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Refuse Rangers Residential Solid Waste Permit Potential Approval (Staff
Contact: Chris Adcock)
Staff Contact(s): Chris Adcock
Agenda Date: June 15, 2021 Item Number: 8.a
Attachment(s): Solid Waste Collection App_Refuse Rangers
Reviewed By:
SUMMARY:
The County is in receipt of an Application from Refuse Rangers to collect residential waste in
the County. For the Board’s review and consideration, Refuse Ranger’s Application is attached
for the potential granting of a Residential Waste Hauling Permit. Refuse Rangers will be in
attendance to present and answer any of the Board’s related questions.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
For the Board’s consideration.
MOTION:
For the Board’s consideration.
8.a
Packet Pg. 62
8.a.a
Packet Pg. 63 Attachment: Solid Waste Collection App_Refuse Rangers (2569 : Refuse Rangers Residential Solid Waste Permit Potential Approval (Staff
8.a.a
Packet Pg. 64 Attachment: Solid Waste Collection App_Refuse Rangers (2569 : Refuse Rangers Residential Solid Waste Permit Potential Approval (Staff
8.a.a
Packet Pg. 65 Attachment: Solid Waste Collection App_Refuse Rangers (2569 : Refuse Rangers Residential Solid Waste Permit Potential Approval (Staff
8.a.a
Packet Pg. 66 Attachment: Solid Waste Collection App_Refuse Rangers (2569 : Refuse Rangers Residential Solid Waste Permit Potential Approval (Staff
8.a.a
Packet Pg. 67 Attachment: Solid Waste Collection App_Refuse Rangers (2569 : Refuse Rangers Residential Solid Waste Permit Potential Approval (Staff
8.a.a
Packet Pg. 68 Attachment: Solid Waste Collection App_Refuse Rangers (2569 : Refuse Rangers Residential Solid Waste Permit Potential Approval (Staff
8.a.a
Packet Pg. 69 Attachment: Solid Waste Collection App_Refuse Rangers (2569 : Refuse Rangers Residential Solid Waste Permit Potential Approval (Staff
8.a.a
Packet Pg. 70 Attachment: Solid Waste Collection App_Refuse Rangers (2569 : Refuse Rangers Residential Solid Waste Permit Potential Approval (Staff
8.a.a
Packet Pg. 71 Attachment: Solid Waste Collection App_Refuse Rangers (2569 : Refuse Rangers Residential Solid Waste Permit Potential Approval (Staff
8.a.a
Packet Pg. 72 Attachment: Solid Waste Collection App_Refuse Rangers (2569 : Refuse Rangers Residential Solid Waste Permit Potential Approval (Staff
8.a.a
Packet Pg. 73 Attachment: Solid Waste Collection App_Refuse Rangers (2569 : Refuse Rangers Residential Solid Waste Permit Potential Approval (Staff
8.a.a
Packet Pg. 74 Attachment: Solid Waste Collection App_Refuse Rangers (2569 : Refuse Rangers Residential Solid Waste Permit Potential Approval (Staff
8.a.a
Packet Pg. 75 Attachment: Solid Waste Collection App_Refuse Rangers (2569 : Refuse Rangers Residential Solid Waste Permit Potential Approval (Staff
8.a.a
Packet Pg. 76 Attachment: Solid Waste Collection App_Refuse Rangers (2569 : Refuse Rangers Residential Solid Waste Permit Potential Approval (Staff
8.a.a
Packet Pg. 77 Attachment: Solid Waste Collection App_Refuse Rangers (2569 : Refuse Rangers Residential Solid Waste Permit Potential Approval (Staff
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title:
Public Hearing: Case R-21-013: George and Kathy Jones; Rezoning
from B-1, Business District, Limited, to R-1, Residential Suburban
Subdivision District (Supervisor Farmer)
Staff Contact(s): Emily S. Ragsdale
Agenda Date: June 15, 2021 Item Number: 10.A.1
Attachment(s): Case R-21-013 Jones Application
Case R-21-013 Jones Map
Reviewed By:
SUMMARY:
In Case R-21-013, George and Kathy Jones (“Petitioners”) have petitioned to rezone 0.083 acres
from B-1, Business District, Limited, to R-1, Residential Suburban Subdivision District (to
consolidate with an adjacent parcel of land zoned R-1). The subject property is located on State
Road 649/Anderson Mill Road in the Callands-Gretna Election District and shown on the Tax
Maps as part of GPIN # 2418-45-4774. Once the property is rezoned to R-1, all uses listed under
Pittsylvania County Code § 35-222 are permitted. On May 4, 2021, the Planning Commission
recommended by an 8-0 vote, with no opposition, that the Petitioner’s request be granted. The
County Staff Summary is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends approval of Case R-21-013 as presented. The subject property is
adjacent to properties currently zoned R-1, Residential Suburban Subdivision District, and the
rezoning would be consistent with the County’s Comprehensive Plan.
MOTION:
“In Case R-21-013, I make a Motion to approve the rezoning of 0.083 acres from B-1, Business
District, Limited, to R-1, Residential Suburban Subdivision District, to allow the subject property
to be consolidated with an adjacent parcel. The rezoning would be consistent with the County’s
Comprehensive Plan.”
10.A.1
Packet Pg. 78
10.A.1.a
Packet Pg. 79 Attachment: Case R-21-013 Jones Application (2550 : Public Hearing: Case R-21-013: George and Kathy Jones)
10.A.1.a
Packet Pg. 80 Attachment: Case R-21-013 Jones Application (2550 : Public Hearing: Case R-21-013: George and Kathy Jones)
10.A.1.a
Packet Pg. 81 Attachment: Case R-21-013 Jones Application (2550 : Public Hearing: Case R-21-013: George and Kathy Jones)
10.A.1.a
Packet Pg. 82 Attachment: Case R-21-013 Jones Application (2550 : Public Hearing: Case R-21-013: George and Kathy Jones)
10.A.1.a
Packet Pg. 83 Attachment: Case R-21-013 Jones Application (2550 : Public Hearing: Case R-21-013: George and Kathy Jones)
10.A.1.a
Packet Pg. 84 Attachment: Case R-21-013 Jones Application (2550 : Public Hearing: Case R-21-013: George and Kathy Jones)
10.A.1.b
Packet Pg. 85 Attachment: Case R-21-013 Jones Map (2550 : Public Hearing: Case R-21-013: George and Kathy Jones)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title:
Public Hearing: Case R-21-014: Robert Vaughan; Rezoning from R-1,
Residential Suburban Subdivision District, to A-1, Agricultural District
(Supervisor Dudley)
Staff Contact(s): Emily S. Ragsdale
Agenda Date: June 15, 2021 Item Number: 10.A.2
Attachment(s): R-21-014 Vaughan Application
R-21-014 Vaughan Map
Reviewed By:
SUMMARY:
In Case R-21-014, Robert Vaughan (“Petitioner”) has petitioned to rezone 34.40 acres, from R-1,
Residential Suburban Subdivision District, to A-1, Agricultural District (to allow for agricultural
use, livestock). The subject property is located on State Road 631/Dews Road in the Staunton
River Election District and shown on the Tax Maps as GPIN # 2574-27-4340. Once the property
is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are permitted. On
May 4, 2021, the Planning Commission recommended by an 8-0 vote, with no opposition, that
the Petitioner’s request be granted. The County Staff Summary is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends approval of Case R-21-014 as presented. The subject property is
adjacent to properties currently zoned A-1, Agricultural District, and the rezoning would be
consistent with the County’s Comprehensive Plan.
MOTION:
“In Case R-21-014, I make a Motion to approve the rezoning of 34.40 acres from R-1,
Residential Suburban Subdivision District, to A-1, Agricultural District, to allow for agricultural
use. The rezoning would be consistent with the County’s Comprehensive Plan.”
10.A.2
Packet Pg. 86
10.A.2.a
Packet Pg. 87 Attachment: R-21-014 Vaughan Application (2551 : Public Hearing: Case R-21-014; Robert Vaughan)
10.A.2.a
Packet Pg. 88 Attachment: R-21-014 Vaughan Application (2551 : Public Hearing: Case R-21-014; Robert Vaughan)
10.A.2.a
Packet Pg. 89 Attachment: R-21-014 Vaughan Application (2551 : Public Hearing: Case R-21-014; Robert Vaughan)
10.A.2.a
Packet Pg. 90 Attachment: R-21-014 Vaughan Application (2551 : Public Hearing: Case R-21-014; Robert Vaughan)
10.A.2.a
Packet Pg. 91 Attachment: R-21-014 Vaughan Application (2551 : Public Hearing: Case R-21-014; Robert Vaughan)
10.A.2.a
Packet Pg. 92 Attachment: R-21-014 Vaughan Application (2551 : Public Hearing: Case R-21-014; Robert Vaughan)
10.A.2.b
Packet Pg. 93 Attachment: R-21-014 Vaughan Map (2551 : Public Hearing: Case R-21-014; Robert Vaughan)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title:
Public Hearing: Case R-21-015: Ronnie Warren; Rezoning from R-1,
Residential Suburban Subdivision District, to A-1, Agricultural
(Supervisor Ingram)
Staff Contact(s): Emily Ragsdale
Agenda Date: June 15, 2021 Item Number: 10.A.3
Attachment(s): R-21-015 Warren Application
R-21-015 Warren Map
Reviewed By:
SUMMARY:
In Case R-21-015, Ronnie Warren (“Petitioner”) has petitioned to rezone 6.45 acres, from R-1,
Residential Suburban Subdivision District, to A-1, Agricultural District (to allow a second
dwelling on the property). The subject property is located on State Road 622/Cascade Road, in
the Tunstall Election District and shown on the Tax Maps as GPIN # 1348-64-0420. Once the
property is rezoned to A-1, all uses listed under Pittsylvania County Code § 35-178 are
permitted. On May 4, 2021, the Planning Commission recommended by an 8-0 vote, with no
opposition, that the Petitioner’s request be granted. The County Staff Summary is attached.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
County Staff recommends approval of Case R-21-015 as presented. The subject property is
adjacent to properties currently zoned A-1, Agricultural District, and the rezoning would be
consistent with the County’s Comprehensive Plan.
MOTION:
“In Case R-21-015, I make a Motion to approve the rezoning of 6.45 acres, from R-1, Residential
Suburban Subdivision District, to A-1, Agricultural District, to allow a second dwelling on the
property. The rezoning would be consistent with the County’s Comprehensive Plan.”
10.A.3
Packet Pg. 94
10.A.3.a
Packet Pg. 95 Attachment: R-21-015 Warren Application (2552 : Public Hearing: Case R-21-015 Ronnie Warren)
10.A.3.a
Packet Pg. 96 Attachment: R-21-015 Warren Application (2552 : Public Hearing: Case R-21-015 Ronnie Warren)
10.A.3.a
Packet Pg. 97 Attachment: R-21-015 Warren Application (2552 : Public Hearing: Case R-21-015 Ronnie Warren)
10.A.3.a
Packet Pg. 98 Attachment: R-21-015 Warren Application (2552 : Public Hearing: Case R-21-015 Ronnie Warren)
10.A.3.a
Packet Pg. 99 Attachment: R-21-015 Warren Application (2552 : Public Hearing: Case R-21-015 Ronnie Warren)
10.A.3.a
Packet Pg. 100 Attachment: R-21-015 Warren Application (2552 : Public Hearing: Case R-21-015 Ronnie Warren)
10.A.3.b
Packet Pg. 101 Attachment: R-21-015 Warren Map (2552 : Public Hearing: Case R-21-015 Ronnie Warren)
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Public Hearing: Potential Music Festival Ordinance Revisions Adoption
(Staff Contact: Emily S. Ragsdale)
Staff Contact(s): Emily Ragsdale
Agenda Date: June 15, 2021 Item Number: 10.B.1
Attachment(s): PITTSYLVANIA COUNTY CODE CHAPTER 10 (MUSIC
FESTIVALS) FINAL REDLINE (002)
Reviewed By:
SUMMARY:
Pittsylvania County Code (“PCC”), Chapter 10 (Music Festivals), regulates music or
entertainments festivals conducted in open spaces that continue for longer than six (6) hours.
Since this Ordinance has not been revised since 1991, and with large planned future music
festivals in the County, County Staff are proposing the attached revisions to ensure that the
Ordinance remains relevant and that the interest of the public health, safety, and welfare of
County residents continue to be protected.
FINANCIAL IMPACT AND FUNDING SOURCE:
None.
RECOMMENDATION:
Following the conducting of the legally required Public Hearing, County Staff recommends the
Board approve the revisions to PCC Chapter 10 (Music Festivals) as attached and presented.
MOTION:
“I make a Motion to approve the revisions to PCC Chapter 10 (Music Festivals) as attached and
presented.”
10.B.1
Packet Pg. 102
PITTSYLVANIA COUNTY CODE CHAPTER 10
MUSIC FESTIVALS
§ 10-1. Purpose
§ 10-2. Definitions
§ 10-3. Permit
§ 10-4. Conditions
§ 10-5. Twelve (12) -Hour Limitation
§ 10-6. Parent of GuardianAdmission
§ 10-7. Taxation and Fees
§ 10-78. Permission
§ 10-89. Violation
10.B.1.a
Packet Pg. 103 Attachment: PITTSYLVANIA COUNTY CODE CHAPTER 10 (MUSIC FESTIVALS) FINAL REDLINE (002) (2553 : Public Hearing: Potential Music
CHAPTER 10
MUSIC FESTIVALS
SEC. 10-1. PURPOSE.
This Ordinance is enacted pursuant to §15.2-1200, Code of Virginia, 1950, as
amended, for the purpose of providing necessary regulation for the conditioning of music or
entertainment festivals conducted in open spaces not within an enclosed structure and/or of any
gathering or groups of individuals for the purpose of listening to or participating in entertainment
which consists of primarily musical renditions conducted in open spaces not within an enclosed
structure in the interest of the public health, safety, and welfare of the citizens and inhabitants of
Pittsylvania County, Virginia (“County”).
SEC. 10-2. DEFINITIONS.
When used in this Ordinance, the following words shall mean:
A. Board of Supervisors or Board shall mean the Board of Supervisors of Pittsylvania County,
Virginia.
B. Music or entertainment festival shall mean any gathering of groups or individuals for the
purpose of listening to or participating in entertainment which consists primarily of musical
renditions conducted in open spaces not within an enclosed structure, and/or those entertainments
where the listeners are not within an enclosed structure and which has a continued existence on
the premises for a period of time exceeding six (6) hours.
SEC. 10-3. PERMIT.
1. No person, firm, corporation, or partnership shall stage, promote, or conduct any music or
entertainment festival in the County unless there shall have been first obtained from
the Board a Special Entertainment Permit (“Permit”) for said festival.
2. An application for a Permit shall be
filed with the County Administrator at least ninety
(90) days before the date of such festival. This requirement may be waived by the
Board. Such application shall have attached the plans, statements,
approvals and other documents required by this Ordinance.
3. The Board shall act on such applications at their next regularly scheduled
Meeting or within sixty (60) days of receipt of Permit Application. If granted,
the Permit shall be issued in writing on a form for the purpose and mailed by the County
Administrator to the Applicant at the address indicated. If denied, the refusal shall be in writing
and the reasons for such denial stated therein and mailed by the County Administrator to the
Applicant at the address indicated. Permit fees shall be set by the Board annually in the Budget
Resolution or at any other appropriate time as determined by County Staff or the Board. The
10.B.1.a
Packet Pg. 104 Attachment: PITTSYLVANIA COUNTY CODE CHAPTER 10 (MUSIC FESTIVALS) FINAL REDLINE (002) (2553 : Public Hearing: Potential Music
Applicant shall be required to carry a $500,000 bond to ensure compliance with the regulations set
forth in this Ordinance.
SEC. 10-4 CONDITIONS.
A Permit shall not be issued unless the following conditions are met and all required
plans, statements, and approvals are submitted to the Board with the
application:
A. An overall description of the proposed festival shall be provided with the Application. This
description shall include the location of the proposed festival, the name and address of the
property owner(s) of said property, the nature and interest of the Applicant, the date(s) and
time(s) of said festival, the total number of tickets that will be offered for sale, a full list of
all persons or groups who will perform, the name and address of all promotors of the
festival, and the financial backing for the event. Proof of insurance must also be provided
showing a minimum of $2,000,000 general liability coverage. This amount can be
increased at the discretion of the Board based on the intensity of the
event. Any event with an estimated attendance of 10,000 or more shall be required to show
a minimum of $4,000,000 general liability coverage. An updated ticket sale count shall
be provided to the County Administrator no less than one (1) week prior to the event.
B. A Site Plan shall be approved by the Director of Community Development identifying the
A Site Plan shall be approved by the Director of Community Development identifying the
D.C. A plan for adequate sanitation facilities and garbage, trash, and sewage disposals
for the persons at the festival shall be approved by the Director of Public Works. This plan
shall meet the requirements of all state and local statutes, ordinances, and regulations
.
E.D. A plan for providing food, water and lodging for the persons at the festival shall be
submitted. This plan shall meet the requirements of all state and local statutes, ordinances,
and regulations, and shall be approved by the Director of Community Development and
the Virginia Department of Health (“VDH”). All
applicable permits required will be subject to separate permit fees.
F.
G.E. A plan for adequate medical facilities and EMS coverage for persons at the festival
shall be approved by the Director of Public Safety. The Applicant shall be
responsible for any and all associated costs of EMS coverage as required by § 11-91 of the
County Code.
H.F. A plan for adequate parking facilities and traffic control in and around the festival
shall be approved by the County, the County’s Sheriff’s Department, the Virginia
10.B.1.a
Packet Pg. 105 Attachment: PITTSYLVANIA COUNTY CODE CHAPTER 10 (MUSIC FESTIVALS) FINAL REDLINE (002) (2553 : Public Hearing: Potential Music
Department of Transportation (“VDOT”), and the Virginia State Police (“VSP”). If traffic
impacts are expected on public roads leading to the proposed venue, a VDOT land use
permit for special events must be obtained and said permit may be subject to separate
permit fees. A Traffic Control Plan will be required. The Applicant must comply with all
requirements set forth in VDOT’s Land Use Permit.
I.G. A plan for adequate fire protection shall be approved by the Director of Public
Safety. This plan shall meet the requirements of all state and local statutes, ordinances,
and regulations
The Applicant shall be responsible for any and all associated cost of
fire department services as required by § 11-91 of the County Code.
J.H. If any outdoor lighting will be utilized, a plan showing the location of such lights
If any outdoor lighting will be utilized, a plan showing the location of such lights and
shielding devices or other equipment to prevent unreasonable glow beyond the
venue shall be submitted and approved by the Director of
Community Development.
I. Documentation from a Sound Engineer shall be submitted and approved by the Director
Documentation from a Sound Engineer shall be submitted and approved by the Director
Documentation from a Sound Engineer shall
be submitted and approved by the Director of Community Development showing that
adequate measures have been taken to reduce the sound and/or music, either by mechanical
device or live performance, to a decibel level at or below the acceptable level specified in
the Pittsylvania County Noise Ordinance. The event shall always remain in compliance
with the Pittsylvania County Noise Ordinance.
J. Any pyrotechnics or fireworks displays that will be utilized during the festival shall be
permitted and approved by the County Fire Marshal and will be subject to separate permit
fees.
K. A Security and Crowd Control Plan shall be submitted and approved by the County Sheriff.
The Applicant shall be responsible for any and all associated costs of required coverage by
the County Sheriff’s Department or the VSP.
SEC. 10-5. TWELVE (12) HOUR LIMITATION.
Music shall not be rendered, nor entertainment provided for more than twelve (12) hours in any
twenty-four (24) hour period to be measured form the beginning of the first performance at said
festival. However, all music performance shall start no earlier than 9:00 a.m. and end prior to
11:00 p.m. on the night of the performance. There shall be no amplified music before 1:00
p.m. on Sundays. This restriction may be waived by the Board.
SEC. 10-6. ADMISSION.
Any and all age restrictions placed on ticket sales and entry into the festival shall be determined
Any and all age restrictions placed on ticket sales and entry into the festival shall be determined
Any and all age restrictions placed on ticket sales and entry into the festival shall be
10.B.1.a
Packet Pg. 106 Attachment: PITTSYLVANIA COUNTY CODE CHAPTER 10 (MUSIC FESTIVALS) FINAL REDLINE (002) (2553 : Public Hearing: Potential Music
determined by the festival’s organizer and submitted to the County in its Permit Application. The
festival’s organizer shall also comply with all other federal, state, and local regulations, laws, and
ordinances related to minors’ admission/attendance at music festivals and festivals serving alcohol.
SEC. 10-7. TAXATION AND FEES
Any festival shall be subject to the taxation rates and/or fees applicable at the time of said festival,
not those in place at the time of the Application, Permit, and/or their approval. The County’s
Commissioner of the Revenue, or his/her designee(s), shall be in attendance at the festival and
shall be responsible for collecting all applicable taxes, fees, or other monies of or related to the
festival.
SEC. 10-8. PERMISSION.
No Permit shall be issued under this Ordinance unless the Applicant furnishes to the
Board written permission for the Board, its lawful agents, or duly
constituted law enforcement officers to go upon the property at any time for the purpose of
determining compliance with the provisions of this Ordinance. The Board shall
have the right to revoke any Permit issued under this Ordinance upon non-compliance with any
of its provisions and conditions.
SEC. 10-9. VIOLATION.
Any person, firm, or corporation who violates any provisions of this Ordinance shall be subject to
civil penalties to be determined by the Board which shall not exceed a fine of up to $500 for the
first offense within a twelve (12)-month period, a fine of up to $10,000 for the second offense
within the same twelve (12)-month period.
Each violation shall constitute a separate offense. The third or
more violation within the same twelve (12) month period shall be punishable as a Class 1
Misdemeanor.
10.B.1.a
Packet Pg. 107 Attachment: PITTSYLVANIA COUNTY CODE CHAPTER 10 (MUSIC FESTIVALS) FINAL REDLINE (002) (2553 : Public Hearing: Potential Music
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Solid Waste Bulldozer Bid Award (Staff Contact: Chris Adcock)
Staff Contact(s): Chris Adcock
Agenda Date: June 15, 2021 Item Number: 12.a
Attachment(s): Bids
Reviewed By:
SUMMARY:
Request for Proposal (“RFP”) # 2021-04-19 was issued for purchase of a rebuilt/used bulldozer
for County Landfill operations. Six (6) RFP responses were received on May 14, 2021. A
committee comprised of Public Works employees reviewed and ranked each RFP response based
on the following three (3) categories: (1) Qualifications/Experience of the offeror; (2)
Completeness/Responsiveness of the RFP response; and (3) Cost. For the Board’s review and
consideration, related documentation is attached. Chris Adcock, Public Works Director, will
present a summary of the top three (3) RFP responses for the Board’s potential purchase award.
FINANCIAL IMPACT AND FUNDING SOURCE:
Financing is being arranged for the recent and proposed equipment purchases in conjunction
with the new County Landfill Cell “C” construction.
RECOMMENDATION:
For the Board’s consideration.
MOTION:
For the Board’s consideration.
12.a
Packet Pg. 108
Bid (ranked
in order of
staff
preference)
Make/Model Hours Fire
Suppression
Cost Warranty
Notes
Marcel #1 2015 Cat
D8T LGP*
10,425 Yes $765,000 3yr or
5000-hour
warranty on
rebuilt
components
Zero (0) hour
complete
bare frame
rebuild, 38”
wide track
Marcel #2 2015 Cat
D8T WH
(waste
handler spec)
11,585
(machine)
2,578
(idle)
Yes
$685,000 3yr or
5000-hour
warranty on
rebuilt
components
Zero (0) hour
complete
bare frame
rebuild, 28”
wide track
Marcel #3 2011 Cat
D8T WH
(waste
handler spec)
8,855
(machine)
2,533
(idle)
Yes
$495,000 3 mo. Or
600-hour
parts
warranty on
complete
machine
Reconditioned
only / not
complete
rebuild, 26”
wide track
* Comparing the Cat D8TLGP “Low Ground Pressure” dozer with 38” Track shoes versus a Cat
D8T Standard Gauge dozer with 28” track shoes.
The D8TLGP has a wider gauge undercarriage and wider blade than the CAT D8T Standard
gauge dozer.
Benefits of D8TLGP
D8TLGP has less ground pressure because of the larger undercarriage keeping the dozer more
on top of the waste rather that sinking into the waste.
The benefits are:
- less wear to the undercarriage components and underside of the Bulldozer because it is not
sinking into the waste and “dragging itself along”.
- less waste wrapping and packing around the final drives, rollers and idler seals and
bearings causing component failures and increased expense.
- far more tractive effort (pushing power) because with the wider pads it stays on top of the
waste rather than sinking into it allowing it to handle a larger blade.
- (its like trying to go through a muddy field with your car. Your tires will sink into the mud
until the bottom of the car contacts the mud and you start spinning out)
The Standard gauge D8T is best suited to push soil. The D8TLGP is a more productive, better
all round dozer for landfill operation.
12.a.a
Packet Pg. 109 Attachment: Bids (2570 : Solid Waste Bulldozer Bid Award (Staff Contact: Chris Adcock))
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Solid Waste Landfill Cell "C" Construction Bid Award (Staff Contact:
Chris Adcock)
Staff Contact(s): Chris Adcock
Agenda Date: June 15, 2021 Item Number: 12.b
Attachment(s):
Reviewed By:
SUMMARY:
Bids for the construction of Phase 2, Cell C, at the Pittsylvania County Landfill (“Landfill
Contract”) will be received and opened on June 4, 2021. Related materials for the Board’s
review and consideration will be distributed at the Meeting.
FINANCIAL IMPACT AND FUNDING SOURCE:
Financing will be arranged (likely through VRA’s Fall funding cycle).
RECOMMENDATION:
County Staff recommends the Board award the Landfill Contract to the lowest responsible bidder
to be confirmed and recommended by Labella, the County’s Landfill Engineers.
MOTION:
“I make a Motion to award the Landfill Contract to the lowest responsive bidder confirmed and
recommended by Labella.”
12.b
Packet Pg. 110
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Resolution # 2021-06-04 (Virginia Tobacco Commission Loan) Approval
(Staff Contact: Matthew D. Rowe)
Staff Contact(s): Matthew D. Rowe
Agenda Date: June 15, 2021 Item Number: 12.c
Attachment(s):
2021-06-04 Tobacco Commission Loan
RIFA - 2021 Tobacco Commission - Bond Form_85509711_2-c
VRA - Danville-Pittsylvania RIFA - Tobacco Financing
Agreement_19510059(2) (003)
Reviewed By:
SUMMARY:
In September 2020, Pittsylvania County applied for and was awarded a $4.5M loan from the
Virginia Tobacco Commission that would be utilized to relocate an existing 69-Kv transmission
line that currently cuts across the main developable area of the Southern Virginia Megasite. The
line is owned by Appalachian Electric Power Company (AEP) who has reserved a crew to
complete the work by the end of the year if funds are received by June 30. By removing the line,
it also positions the site to receive the coveted Quest Megasite Certification, which the County,
City, and SVRA are jointly pursuing via a grant from DRF. Finally, the timeline to remove the
funds has become extremely time sensitive due to the requirement from several serious and
transformative prospects that are conducting due diligence and facility layouts on the property.
Per the loan agreement between the County, City, and RIFA, the loan with have an accumulating
interest rate of 1.5%. RIFA has an agreement with AEP, that once a power load tenant is located
on the Megasite within 10-years, AEP will repay the loan – RIFA would be responsible for the
interest that has accumulated at the time of tenant locating on the property. Should a tenant not
locate on the property within the next 10-years, then RIFA would structure a loan repayment
plan with the Tobacco Commission to repay the funds. Regardless, the existing 69-Kv line is the
last physical deterrence impacting the park. Should all parties approve the agreement(s), then
RIFA would close on the loan June 22, transfer the funds to AEP, and work would commence in
September and be completed by year’s end. The City of Danville has agreed to assume half of
the loan liability with the County, thus turning this into a RIFA led initiative.
FINANCIAL IMPACT AND FUNDING SOURCE:
County staff applied for and received a $4.5M loan from the Tobacco Commission with an
accumulating interest rate of 1.5%.
RECOMMENDATION:
12.c
Packet Pg. 111
Staff recommends that the Board approve Resolution # 2021-06-04 as presented, which will
enable the financial closing to occur on June 22, 2021, in an effort to continue positioning the
site for prospective companies.
MOTION:
“I make a Motion that the Board approve Resolution # 2021-06-04 as presented, which will
enable the financial closing to occur on June 22, 2021, in an effort to continue positioning the
site for prospective companies.”
12.c
Packet Pg. 112
Resolution No. 2021-06-04
RESOLUTION OF THE DANVILLE-PITTSYLVANIA REGIONAL INDUSTRIAL
FACILITY AUTHORITY AUTHORIZING THE ISSUANCE OF ITS REVENUE BOND
(TRANSMISSION LINE PROJECT), SERIES 2021, IN A PRINCIPAL AMOUNT NOT
TO EXCEED $4,500,000; AUTHORIZING THE EXECUTION AND DELIVERY OF ALL
FINANCING DOCUMENTS IN CONNECTION THEREWITH, INCLUDING WITHOUT
LIMITATION THE FINANCING AGREEMENT, THE BOND AND THE SUPPORT
AGREEMENTS; AND AUTHORIZING OTHER MATTERS IN CONNECTION
THEREWITH
The Danville-Pittsylvania Regional Industrial Facility Authority (the “Authority”) is a
political subdivision of the Commonwealth of Virginia duly created by the County of Pittsylvania,
Virginia (the “County”), and the City of Danville, Virginia (the “City”), pursuant to the terms of
the Virginia Regional Industrial Facilities Act, as amended (the “Act”).
The Authority, the County and the City have previously developed a “megapark” industrial
park known as “Southern Virginia Megasite at Berry Hill” on approximately 3,700 acres of land
owned by the Authority (the “Megapark”).
To facilitate efforts to attract large industrial facilities to the Megapark, and thereby
increase employment opportunities and promote economic development within the region, the
Authority and Appalachian Power Company (“APCO”) have entered into a Performance
Agreement dated as of January 13, 2021 (the “Performance Agreement”), pursuant to which the
Authority has requested APCO to relocate an approximately two-mile portion of an existing 69kV
transmission line and to undertake such related work necessary to accomplish such relocation
(collectively, the “Project”), and APCO has agreed to undertake the Project at an estimated cost
of $4,500,000, subject to adjustment as set forth in the Performance Agreement.
The Authority has submitted an application to the Virginia Tobacco Region Revitalization
Commission (the “Commission”) for a loan in the amount of $4,500,000 to finance the costs of
the Project and to pay related issuance and financing costs.
The Commission has agreed to make such loan pursuant to the terms of a Financing
Agreement between the Commission and the Authority (the “Financing Agreement”), which
shall be evidenced by the Commissions purchase of a revenue bond (the “Bond”) to be issued by
the Authority.
As a condition of making such loan, the Commission has required from each of the City
and the County a non-binding undertaking to appropriate from time to time sufficient monies to
enable the Authority to repay such loan to the extent that other funds received by the Authority
under the Performance Agreement are insufficient therefor, with the City and the County each
being responsible for one-half of the loan repayments.
12.c.a
Packet Pg. 113 Attachment: 2021-06-04 Tobacco Commission Loan (2585 : Resolution # 2021-06-04 (Virginia Tobacco Commission Loan) Approval (Staff
2
The Authority has requested that (a) the City enter into a Support Agreement (the “City
Support Agreement”), between the City, the Authority and the Commission and (b) the County
enter into a Support Agreement (the “County Support Agreement”), between the County, the
Authority and the Commission (the County Support Agreement and the City Support Agreement
being collectively referred to herein as the “Support Agreements”).
Draft forms of the Financing Agreement, the Bond and the Support Agreements (attached
as Exhibit F to the Financing Agreement) have been made available to the Authority at or prior to
this meeting.
After careful consideration and in furtherance of the public purposes for which the
Authority was created, NOW, THEREFORE, BE IT RESOLVED THAT:
1. It is hereby found and determined that the undertaking of the Project and the
issuance of the Bond will be in the public interest, will benefit the inhabitants of the County and
the City, will lead to an increase in commerce, and will promote the safety, health, welfare,
convenience and prosperity of the County and the City and their citizens.
2. The Authority hereby approves the financing of the Project and the issuance of the
Bond substantially upon the terms set forth herein and in the Financing Agreement. The Chairman
and Vice Chairman of the Authority, either of whom may act, are each hereby authorized to
approve (i) the principal amount of the Bond, so long as the aggregate principal amount of the
Bond does not exceed $4,500,000, (ii) the amortization schedule of the Bond, so long as the
maturity date for the Bond is no later than December 31, 2036, and (iii) the fixed interest rate on
the Bond, so long as the interest rate does not exceed 1.50% per annum (subject to adjustment
upon the terms set forth in the Financing Agreement). Such approvals shall be conclusively
evidenced by the execution of the Bond by authorized representatives the Authority and delivery
of the Bond to the Commission. Notwithstanding anything in this Resolution to the contrary, the
Bond shall not be issued unless and until the holder of the Authority’s Taxable Revenue Refunding
Bond (Cane Creek Project), Series 2019, has provided written evidence of its consent to the
issuance of the Bond by the Authority.
3. The Financing Agreement, the Bond and the Support Agreements (together, the
“Authority Documents”) are hereby approved in substantially the forms submitted to this
meeting, with such changes, insertions or omissions (including, without limitation, changes of the
dates thereof and therein and changes to reflect the final terms of the Bond as described in
paragraph 2 above) as may be approved by the Chairman or the Vice Chairman of the Authority,
whose approval thereof shall be evidenced conclusively by the execution and delivery of the Bond
and the Authority Documents containing such changes, insertions or omissions.
4. The execution of the Bond and its delivery against payment therefor are hereby
authorized and directed. The execution, delivery and performance by officers of the Authority of
the Authority Documents are hereby authorized and directed.
5. The Chairman and the Vice Chairman of the Authority, either of whom may act,
are each authorized and directed to execute the Authority Documents on behalf of the Authority,
and, if required or requested, the Secretary and the Assistant Secretary of the Authority, either of
12.c.a
Packet Pg. 114 Attachment: 2021-06-04 Tobacco Commission Loan (2585 : Resolution # 2021-06-04 (Virginia Tobacco Commission Loan) Approval (Staff
3
whom may act, are each authorized and directed to affix the seal of the Authority to the Authority
Documents and to attest such seal.
6. Each officer of the Authority is authorized and directed to execute and deliver on
behalf of the Authority such other instruments, documents or certificates and to do and perform
such things and acts, as they shall deem necessary or appropriate to carry out the transactions
authorized by this Resolution or contemplated by the Authority Documents, and each officer of
the Authority is further authorized and directed to execute and deliver on behalf of the Authority
such instruments, documents or certificates. All of the foregoing previously done or performed by
such officers of the Authority are in all respects approved, ratified and confirmed.
7. The Authority determines that the issuance of the Bond in accordance with the
terms of the Authority Documents and all actions of the Authority contemplated thereunder will
be in the furtherance of the purposes for which the Authority was organized.
8. All other actions hereafter taken by the officers of the Authority that are in
conformity with the purposes and intent of this Resolution and in furtherance of the issuance and
sale of the Bond and the financing of the Project are hereby ratified, approved and confirmed.
9. All resolutions or parts thereof in conflict with this Resolution are hereby repealed.
10. This Resolution shall take effect immediately upon its adoption.
12.c.a
Packet Pg. 115 Attachment: 2021-06-04 Tobacco Commission Loan (2585 : Resolution # 2021-06-04 (Virginia Tobacco Commission Loan) Approval (Staff
4
CERTIFICATE
I, the undersigned Secretary of the Danville-Pittsylvania Regional Industrial Facility
Authority, hereby certify that the foregoing is a true, correct and complete copy of a Resolution
duly adopted by a majority of the directors of the Danville-Pittsylvania Regional Industrial Facility
Authority at a meeting duly called and held on June ___, 2021, and that such Resolution has not
been repealed, revoked, rescinded or amended, but is in full force and effect on the date hereof.
WITNESS my hand as Secretary of the Danville-Pittsylvania Regional Industrial Facility
Authority this ___ day of June, 2021.
Susan M. DeMasi, Secretary
Danville-Pittsylvania Regional
Industrial Facility Authority
12.c.a
Packet Pg. 116 Attachment: 2021-06-04 Tobacco Commission Loan (2585 : Resolution # 2021-06-04 (Virginia Tobacco Commission Loan) Approval (Staff
Interest on this bond is intended by the issuer thereof to be included in gross income
for federal income tax purposes.
REGISTERED REGISTERED
No. R-1 June [22], 2021
DANVILLE- PITTSYLVANIA REGIONAL
INDUSTRIAL FACILITY AUTHORITY (VIRGINIA)
TAXABLE REVENUE BOND (UTILITY RELOCATION PROJECT)
SERIES 2021
The Danville-Pittsylvania Regional Industrial Facility Authority, a political subdivision of
the Commonwealth of Virginia (the “Authority”), for value received, promises to pay, solely from
the sources and in the manner described in this Bond, to the Virginia Tobacco Region
Revitalization Commission (the “Commission”), the principal sum of FOUR MILLION FIVE
HUNDRED THOUSAND AND XX/100 DOLLARS ($4,500,000.00) and to pay interest on the
outstanding principal of this Bond from its dated date until payment of such principal sum has
been made or provided for in full. Principal shall be due in installments on the dates and in the
amounts set forth on Schedule 1 attached hereto, subject to prior redemption, with a final
installment due on January 1, 2036. Interest on this Bond shall be due at the rate of 1.50% per
annum (subject to adjustment as described below), computed on the basis of a 360-day year of
twelve 30-day months, payable on each January 1 and July 1, commencing January 1, 2022.
If any installment of principal of and interest on this Bond is not paid to the Commission
within ten (10) days after its due date, the Authority shall pay to the Commission a late payment
charge in an amount equal to five percent (5.0%) of the overdue installment.
Upon the occurrence of an Event of Default under Section 11.1(a) of the Financing
Agreement (as hereinafter defined), including failure to pay upon mandatory prepayment or at
final maturity, the outstanding principal balance of this Bond shall, at the Commission’s option,
bear interest at a rate of four percentage points (4.0%) per annum (the “Default Rate”) on the
overdue installment from its due date until the date it is paid. The Authority will also pay, but
solely from Revenues (as defined in the hereinafter defined Financing Agreement), interest on any
Additional Payments not received by the Commission within ten (10) days after demand therefor
at the Default Rate on the overdue installment from its due date until the date it is paid.
Principal and interest shall be paid in any coin or currency of the United States of America
which, at the time of payment, is legal tender for the payment of public and private debts. Principal
and interest shall be paid by wire transfer or by check or draft mailed to the Commission at its
address as shown on the registration books of the Secretary of the Authority as Bond Registrar.
In case the date fixed for the payment of principal of or interest on this Bond is not a
Business Day, then payment of the principal and interest need not be made on such date, but may
12.c.b
Packet Pg. 117 Attachment: RIFA - 2021 Tobacco Commission - Bond Form_85509711_2-c (2585 : Resolution # 2021-06-04 (Virginia Tobacco Commission
2
be made on the next succeeding date which is not such a date, and if made on such next succeeding
date, additional interest shall accrue for the period after such date of maturity or payment.
This Bond is issued under and pursuant to the Constitution and laws of the Commonwealth
of Virginia, particularly Chapter 64, Title 15.2 of the Code of Virginia, as amended and in effect
from time to time (the “Act”), a resolution duly adopted by the Board of Directors of the Authority
on June ___, 2021, and a Financing Agreement dated as of [June 1], 2021 (the “Financing
Agreement”), between the Commission and the Authority. Capitalized terms used but not
otherwise defined herein have the meanings given to them in the Financing Agreement.
This Bond and the interest on it shall not be deemed to constitute or to create in any
manner a debt, liability or obligation of the Commonwealth of Virginia or of any political
subdivision or any agency thereof, including the Authority, or a pledge of the faith and credit
of the Commonwealth of Virginia or any such political subdivision or any such agency, but
shall be limited obligations of the Authority payable solely from the revenues and other funds
pledged therefor and shall not be payable from any assets or funds of the Authority other
than the revenues and other funds pledged therefor, and neither the faith and credit nor the
taxing power of the Commonwealth of Virginia or any political subdivision or any agency
thereof is pledged to the payment of the principal of, redemption premium, if any, or the
interest on this Bond or other costs incident hereto.
This Bond has been issued in order to provide funds for the Authority to relocate an
approximately two-mile portion of an existing 69kV transmission line located in the “megapark”
industrial park known as “Southern Virginia Megasite at Berry Hill” on approximately 3,700 acres
of land owned by the Authority, and to undertake such related work necessary to accomplish such
relocation (collectively, the “Project”).
This Bond is a limited obligation of the Authority and is payable solely from the Revenues,
including, but not limited to, payments made to the Authority under the terms of the Performance
Agreement and amounts that may be appropriated for and paid to the Authority by the County or
the City under the Support Agreements, which revenues and other moneys have been pledged
pursuant to the Financing Agreement and the Resolution to secure payment hereof. This Bond
shall not be payable from any assets or funds of the Authority other than the revenues and other
funds pledged therefor.
Reference is made to the Financing Agreement and the Support Agreements for a
description of the provisions, among others, with respect to the terms on which this Bond is issued,
the nature and extent of the security for this Bond, the rights, duties and obligations of the
Authority and the rights of the holder of this Bond.
This Bond is subject to optional and mandatory prepayment on the terms set forth in the
Financing Agreement.
If an Event of Default occurs, all payments due or to become due on this Bond may be
declared immediately due and payable by the holder by written notice to the Authority.
12.c.b
Packet Pg. 118 Attachment: RIFA - 2021 Tobacco Commission - Bond Form_85509711_2-c (2585 : Resolution # 2021-06-04 (Virginia Tobacco Commission
3
Notwithstanding anything in this Bond to the contrary, in addition to the payments of the
principal provided for by this Bond, the Authority shall also pay, but solely from the revenues and
other funds pledged therefor, such Additional Payments, if any, which may be necessary to provide
for payment in full of all amounts due under the Financing Agreement.
This Bond is transferable by the Registered Owner hereof or its duly authorized attorney
at the office of the Secretary of the Authority as Bond Registrar, in Danville, Virginia, upon
surrender of this Bond, accompanied by a duly executed instrument of transfer in form satisfactory
to the Bond Registrar, subject to such reasonable regulations as the Authority or the Bond Registrar
may prescribe, and upon payment of any tax or other governmental charge incident to such
transfer. Upon any such transfer, a new Bond registered in the name of the transferee or transferees
in the same aggregate principal amount as the principal amount of this Bond will be issued to the
transferee. Except as set forth in this Bond and as otherwise provided in the Financing Agreement,
the person in whose name this Bond is registered shall be deemed the owner hereof for all purposes,
and neither the Authority nor the Bond Registrar shall be affected by any notice to the contrary.
This Bond shall be governed by and construed in accordance with the laws of the
Commonwealth of Virginia.
All acts, conditions and things required to happen, exist or be performed precedent to and
in connection with the issuance of this Bond have happened, exist and have been performed in due
time, manner and form as required.
[THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK]
12.c.b
Packet Pg. 119 Attachment: RIFA - 2021 Tobacco Commission - Bond Form_85509711_2-c (2585 : Resolution # 2021-06-04 (Virginia Tobacco Commission
4
IN WITNESS WHEREOF, the Danville-Pittsylvania Regional Industrial Facility
Authority has caused this Bond to be executed with the manual signature of its Chairman or Vice
Chairman and its official seal to be impressed or imprinted hereon and attested by the manual
signature of its Secretary or Assistant Secretary, all as of the date shown above.
DANVILLE-PITTSYLVANIA REGIONAL
INDUSTRIAL FACILITY AUTHORITY
By:
[Vice] Chairman
[SEAL]
ATTEST:
[Assistant] Secretary
12.c.b
Packet Pg. 120 Attachment: RIFA - 2021 Tobacco Commission - Bond Form_85509711_2-c (2585 : Resolution # 2021-06-04 (Virginia Tobacco Commission
5
SCHEDULE 1
DEBT SERVICE SCHEDULE
[TO COME]
12.c.b
Packet Pg. 121 Attachment: RIFA - 2021 Tobacco Commission - Bond Form_85509711_2-c (2585 : Resolution # 2021-06-04 (Virginia Tobacco Commission
K&C Draft 6/2/21
FINANCING AGREEMENT
dated as of June 1, 2021
between
VIRGINIA TOBACCO REGION REVITALIZATION COMMISSION
and
DANVILLE-PITTSYLVANIA
REGIONAL INDUSTRIAL FACILITY AUTHORITY
Loan No. ___________
12.c.c
Packet Pg. 122 Attachment: VRA - Danville-Pittsylvania RIFA - Tobacco Financing Agreement_19510059(2) (003) (2585 : Resolution # 2021-06-04 (Virginia
- i -
TABLE OF CONTENTS
[To be updated]
Page
ARTICLE I
DEFINITIONS
Section 1.1. Definitions ...................................................................................................1
Section 1.2. Rules of Construction .................................................................................3
ARTICLE II
REPRESENTATIONS
Section 2.1. Representations by Borrower ......................................................................4
ARTICLE III
ISSUANCE AND DELIVERY OF THE LOCAL BOND
Section 3.1. Loan to Borrower and Purchase of the Local Bond ....................................6
Section 3.2. Conditions Precedent to Loan ......................................................................6
ARTICLE IV
USE OF LOCAL BOND PROCEEDS
Section 4.1. Application of Proceeds ...............................................................................7
ARTICLE V
PLEDGE OF REVENUES; COLLATERAL
Section 5.1. Pledge of Revenues ......................................................................................8
ARTICLE VI
PAYMENTS
Section 6.1. Payment of Local Bond ...............................................................................8
Section 6.2. Payment of Additional Payments ................................................................8
12.c.c
Packet Pg. 123 Attachment: VRA - Danville-Pittsylvania RIFA - Tobacco Financing Agreement_19510059(2) (003) (2585 : Resolution # 2021-06-04 (Virginia
- ii -
Page
ARTICLE VII
PREPAYMENTS
Section 7.1. Prepayment of Local Bond .........................................................................9
ARTICLE VIII
RESERVED
ARTICLE IX
RESERVED
ARTICLE X
SPECIAL COVENANTS
Section 10.1. Maintenance of Existence ..........................................................................10
Section 10.2. Performance Agreement Covenants ..........................................................10
Section 10.3. Inspection of Borrower’s Books and Records ...........................................10
Section 10.4. Further Assurances.....................................................................................10
Section 10.5. RESERVED ...............................................................................................10
Section 10.6. Assignment by Borrower ...........................................................................10
Section 10.7. Additional Indebtedness and Liens ............................................................11
ARTICLE XI
DEFAULTS AND REMEDIES
Section 11.1. Events of Default ......................................................................................11
Section 11.2. Notice of Default .......................................................................................12
Section 11.3. Remedies on Default ..................................................................................12
Section 11.4. Delay and Waiver ......................................................................................12
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Page
ARTICLE XII
MISCELLANEOUS
Section 12.1. Successors and Assigns .............................................................................12
Section 12.2. Amendments .............................................................................................13
Section 12.3. Limitation of Borrower’s Liability. ...........................................................13
Section 12.4. Applicable Law .........................................................................................13
Section 12.5. Severability ...............................................................................................13
Section 12.6. Notices ......................................................................................................14
Section 12.7. Right to Cure Default ................................................................................14
Section 12.8. Headings ...................................................................................................14
Section 12.9. Term of Agreement ...................................................................................14
Section 12.10. Counterparts ..............................................................................................15
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EXHIBITS
Exhibit A – Form of Local Bond
Exhibit B – Project Description
Exhibit C – Project Budget
Exhibit D – Opinion of Borrower’s Bond Counsel
Exhibit E – Requisition for Disbursement
Exhibit F – Form of Support Agreements
Schedule I – Debt Service Schedule
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FINANCING AGREEMENT
THIS FINANCING AGREEMENT (this “Agreement”) is made as of this first day of
June, 2021, between the VIRGINIA TOBACCO REGION REVITALIZATION
COMMISSION, a public body corporate and a political subdivision of the Commonwealth of
Virginia (the “Commission”), and the DANVILLE-PITTSYLVANIA REGIONAL
INDUSTRIAL FACILITY AUTHORITY, a public body corporate and a political subdivision
of the Commonwealth of Virginia (the “Borrower”).
Pursuant to Chapter 31, Title 3.2 of the Code of Virginia (1950), as amended (the “Act”),
the Commission has the authority from time to time to make loans for the purposes set forth in
such chapter in any of the tobacco-dependent communities in the Southside and Southwest
regions of Virginia, subject to receiving a written recommendation as to financial viability and
feasibility from the Commission’s financial viability manager (the “Loan Servicer”).
The Borrower has requested a loan from the Commission (the “Loan”) and will evidence
its obligation to repay such loan by the Local Bond (as hereinafter defined), which the Borrower
will issue and sell to the Commission, together with certain other security granted by the
Borrower. The Commission has received a written recommendation from the Loan Servicer as
to the financial viability and feasibility of the Loan.
The Borrower will use the proceeds of the Loan from the Commission to finance or
refinance that portion of the Project Costs (as defined herein) not being paid from other sources,
all as further set forth in the Project Budget.
ARTICLE I
DEFINITIONS
Section 1.1. Definitions. The capitalized terms contained in this Agreement and not
defined above shall have the meanings set forth below, unless the context requires otherwise, or
shall have the meaning assigned to such terms in the Act:
“Additional Payments” means the payments required by Section 6.2.
“Agreement” means this Financing Agreement between the Borrower and the
Commission, together with any amendments or supplements hereto.
“APCO” means Appalachian Power Company, a Virginia public service corporation.
“Authorized Representative” means any director or officer of the Borrower authorized
by resolution, ordinance or other official act of the governing body of the Borrower to perform
the act or sign the document in question.
“City” means the City of Danville, Virginia.
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“Closing Date” means the date of the delivery of the Local Bond to the Commission.
“Collateral” means any property of the Borrower, including but not limited to the
Revenues, in which the Commission is granted a lien to secure repayment of the Local Bond.
“County” means the County of Pittsylvania, Virginia.
“Default” means an event or condition the occurrence of which would, with the lapse of
time or the giving of notice or both, become an Event of Default.
“Default Rate” has the meaning set forth in Section 6.1.
“Event of Default” shall have the meaning set forth in Section 11.1.
“Fiscal Year” means the period of twelve months established by the Borrower as its
annual accounting period.
“Loan” has the meaning set forth in the preamble to this Agreement.
“Loan Servicer” has the meaning set forth in the preamble to this Agreement. Pursuant
to a Letter Agreement dated November 17, 2020, the Virginia Resources Authority serves as the
Loan Servicer with respect to the Loan.
“Local Bond” means the bond in substantially the form attached to this Agreement as
Exhibit A issued by the Borrower to the Commission pursuant to this Agreement.
“Local Bond Proceeds” means the proceeds of the sale of the Local Bond to the
Commission pursuant to this Agreement.
“Local Resolution” means, collectively, all resolutions adopted by the governing body
of the Borrower, approving the transactions contemplated by and authorizing the issuance and
sale of the Local Bond and the execution and delivery of this Agreement.
“Opinion of Counsel” means a written opinion of recognized bond counsel to the
Borrower, acceptable to the Commission.
“Performance Agreement” means the Performance Agreement, dated January 13, 2021,
between APCO and the Borrower, as the same may be amended or modified from time to time.
“Project” means the particular project described in Exhibit B, the costs of the
undertaking of which are to be financed or refinanced in whole or in part with the Local Bond
Proceeds.
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“Project Budget” means the budget for the financing or the refinancing of the Project, a
copy of which is attached to this Agreement as Exhibit C, with such changes therein as may be
approved in writing by the Commission.
“Project Costs” means the costs of the undertaking of the Project, as further described in
the Project Budget, and such other costs as may be requested by the Borrower and approved in
writing by the Commission, provided such costs are permitted by the Act.
“Revenues” means all of the Borrower’s right, title and interest in and to any and all (i)
revenues, receipts, sale proceeds, accounts, accounts receivable, general intangibles and income
derived from or with respect to the Project, including any payments made to the Borrower
pursuant to the Performance Agreement, (ii) amounts that may be appropriated for and paid to
the Borrower by the County or the City under the Support Agreements, and (iii) any other
income from other sources pledged by the Borrower to the payment of the Local Bond.
“Support Agreements” means the Support Agreements, dated as of the date hereof,
among the Borrower, the Commission and the County, and among the Borrower, the
Commission and the City, substantially in the form of Exhibit F hereto, as the same may be
amended, modified or replaced from time to time.
Section 1.2. Rules of Construction. The following rules shall apply to the
construction of this Agreement unless the context requires otherwise:
(a) Singular words shall connote the plural number as well as the singular and
vice versa.
(b) All references in this Agreement to particular Sections or Exhibits are
references to Sections or Exhibits of this Agreement unless otherwise indicated.
(c) The headings and table of contents as used in this Agreement are solely
for convenience of reference and shall not constitute a part of this Agreement nor shall they
affect its meaning, construction or effect.
ARTICLE II
REPRESENTATIONS
Section 2.1. Representations by Borrower. The Borrower makes the following
representations as the basis for its undertakings under this Agreement:
(a) The Borrower is a duly created and validly existing a public body
corporate and a political subdivision of the Commonwealth of Virginia and is vested with the
rights and powers conferred upon it by Virginia law.
(b) The Borrower has full right, power and authority to (i) adopt the Local
Resolution and execute and deliver this Agreement, the Support Agreements and the other
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documents related thereto, (ii) issue, sell and deliver the Local Bond to the Commission,
(iii) undertake the Project (as described in Exhibit B) and finance or refinance the Project Costs
by borrowing money for such purpose pursuant to this Agreement and the issuance of the Local
Bond, (iv) pledge the Revenues to the payment of the Local Bond and (v) carry out and
consummate all of the transactions contemplated by the Local Resolution, this Agreement, the
Support Agreements and the Local Bond.
(c) The Borrower has found that the issuance of the Local Bond will serve the
purposes of the Virginia Regional Industrial Facilities Act, Chapter 64 of Title 15.2 of the Code
of Virginia of 1950, as amended.
(d) To the best of Borrower’s knowledge, none of the directors of the Borrower
has a personal interest (as defined in Section 2.2-3101 of the Code of Virginia of 1950, as
amended) in the Financing Agreement, the Support Agreements, the Local Bond, or in any
transaction contemplated thereby, or is an officer or employee of the Commission.
(e) This Agreement, the Support Agreements and the Local Bond were duly
authorized by the Local Resolution and are in substantially the same form as presented to the
governing body of the Borrower at its meeting at which the Local Resolution was adopted.
(f) All authorizations and approvals required to have been obtained as of the
date of the delivery of this Agreement have been obtained by or on behalf of the Borrower for
(i) the Borrower’s adoption of the Local Resolution, (ii) the execution and delivery by the
Borrower of this Agreement, the Support Agreements and the Local Bond, and (iii) the
performance and enforcement of the obligations of the Borrower thereunder.
(g) This Agreement and the Support Agreements have been executed and
delivered by duly authorized officials of the Borrower and constitute legal, valid and binding
limited obligations of the Borrower enforceable against the Borrower in accordance with their
respective terms.
(h) When executed and delivered in accordance with the Local Resolution and
this Agreement, the Local Bond will have been executed and delivered by duly authorized
officials of the Borrower and will constitute a legal, valid and binding limited obligation of the
Borrower enforceable against the Borrower in accordance with its terms.
(i) The issuance of the Local Bond and the execution and delivery of this
Agreement and the Support Agreements and the performance by the Borrower of its obligations
thereunder are within the powers of the Borrower and will not conflict with, or constitute a
breach or result in a violation of, (i) to the best of the Borrower’s knowledge, any Federal or
Virginia constitutional or statutory provision, (ii) any agreement or other instrument to which the
Borrower is a party or by which it is bound or (iii) any order, rule, regulation, decree or
ordinance of any court, government or governmental authority having jurisdiction over the
Borrower or its property.
(j) The Borrower is not in default in the payment of the principal of or
interest on any of its indebtedness for borrowed money and is not in default under any instrument
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under and subject to which any indebtedness for borrowed money has been incurred. To the best
of Borrower’s knowledge, no event or condition has happened or existed, or is happening or
existing, under the provisions of any such instrument, including but not limited to this
Agreement, which constitutes, or which, with notice or lapse of time, or both, would constitute,
an event of default thereunder.
(k) The Borrower (i) to the best of the Borrower’s knowledge, is not in
violation of any existing law, rule or regulation applicable to it in any way which would have a
material adverse effect on its financial condition or its ability to perform its obligations under
this Agreement, the Support Agreements or the Local Bond and (ii) is not in default under any
indenture, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other
agreement, instrument or restriction of any kind to which the Borrower is a party or by which it
is bound or to which any of its assets is subject, which would have a material adverse effect on
its financial condition or its ability to perform its obligations under this Agreement, the Support
Agreements or the Local Bond. The execution and delivery by the Borrower of this Agreement,
the Support Agreements or the Local Bond and the compliance with the terms and conditions
thereof will not conflict with or result in a breach of or constitute a default under any of the
foregoing.
(l) There are not pending nor, to the best of the Borrower’s knowledge,
threatened against the Borrower, any actions, suits, proceedings or investigations of a legal,
equitable, regulatory, administrative or legislative nature (i) affecting the creation, organization
or existence of the Borrower or the title of its officers to their respective offices, (ii) seeking to
prohibit, restrain or enjoin the approval, execution, delivery or performance of the Local
Resolution, this Agreement, the Support Agreements or the Local Bond or the issuance of the
Local Bond, (iii) in any way contesting or affecting the validity or enforceability of the Local
Resolution, this Agreement, the Support Agreements, the Local Bond or any agreement or
instrument relating to any of the foregoing, (iv) in which a judgment, order or resolution may
have a material adverse effect on the Borrower or its business, assets, condition (financial or
otherwise), operations or prospects or on its ability to perform its obligations under the Local
Resolution, this Agreement, the Support Agreements, or the Local Bond, (v) in any way
affecting or contesting the undertaking of the Project, or (vi) contesting or challenging the power
of the Borrower to pledge the Revenues to the payment of the Local Bond.
(m) There is no other indebtedness of the Borrower secured by or payable
from a pledge of Revenues or a lien on the Collateral.
(n) No Event of Default or Default has occurred and is continuing.
ARTICLE III
ISSUANCE AND DELIVERY OF THE LOCAL BOND
Section 3.1. Loan to Borrower and Purchase of the Local Bond. The Borrower
agrees to borrow from the Commission, and the Commission agrees to lend to the Borrower, the
principal amount equal to the sum of the principal disbursements made pursuant to Section 4.1,
but not to exceed $4,500,000, for the purposes herein set forth. The Borrower’s obligation shall
be evidenced by the Local Bond, which shall be in substantially the form of Exhibit A attached
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hereto and made a part hereof and delivered to the Commission on the Closing Date. The Local
Bond shall be in the original principal amount of the Loan and shall mature, bear interest, and be
payable as hereinafter provided.
Section 3.2. Conditions Precedent to Loan. The Commission shall not be required to
make the Loan to the Borrower unless the Commission shall have received the following, all in
form and substance satisfactory to the Commission:
(a) The Local Bond and the Support Agreements.
(b) A certified copy of the Local Resolution.
(c) A closing certificate from the Commission certifying that the financing of
the Project has been authorized and that the Loan Servicer has provided the Commission its
written recommendation as to the financial viability and feasibility of the Loan.
(d) A certificate of appropriate officers of the Borrower as to the matters set
forth in Section 2.1 and such other matters as the Commission may reasonably require.
(e) Evidence satisfactory to the Commission that the Borrower has obtained
or has made arrangements satisfactory to the Commission to obtain any funds or other financing
for the Project as contemplated in the Project Budget.
(f) Evidence satisfactory to the Commission that the Borrower has performed
and satisfied all of the terms and conditions contained in this Agreement to be performed and
satisfied by it as of such date.
(g) An Opinion of Counsel, substantially in the form of Exhibit D, that the
Local Bond has been validly authorized and issued by the Borrower, subject to customary
exceptions, addressed to the Commission.
(h) An opinion of general counsel to the Borrower in form and substance
reasonably satisfactory to the Commission.
(i) Such other documentation, certificates and opinions with respect to the
Borrower and the financing of the Project as the Commission may reasonably require, including
an opinion from counsel acceptable to the Commission that the Support Agreements are valid
and enforceable obligations against the Borrower, subject to usual and customary qualifications.
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ARTICLE IV
USE OF LOCAL BOND PROCEEDS
Section 4.1. Application of Proceeds. Pursuant to the Performance Agreement, the
Borrower agrees to apply the Local Bond Proceeds solely and exclusively to the payment, or the
reimbursement of the Borrower for the payment, of Project Costs and further agrees to exhibit to
the Commission and the Loan Servicer receipts, vouchers, statements, bills of sale or other
evidence of the actual payment of such Project Costs, including evidence of APCO’s application
of such Local Bond Proceeds to the Project Costs. The Loan Servicer shall disburse money on
behalf of the Commission to or for the account of the Borrower upon receipt by the Commission
and the Loan Servicer of a requisition (upon which the Commission and the Loan Servicer shall
be entitled to rely) signed by an Authorized Representative and containing all information called
for by, and otherwise being in the form of, Exhibit E to this Agreement.
ARTICLE V
PLEDGE OF REVENUES; COLLATERAL
Section 5.1. Pledge of Revenues. The Borrower hereby grants to the Commission a
lien on and pledge of Revenues to secure the payment of the principal of the Local Bond and the
payment and performance of the Borrower’s obligations under this Agreement. This pledge shall
be valid and binding from and after the execution and delivery of this Agreement. The
Revenues, as received by the Borrower, shall immediately be subject to the lien of this pledge
without any physical delivery of them or further act. The lien of this pledge shall have priority
over all other obligations and liabilities of the Borrower, and the lien of this pledge shall be valid
and binding against all parties having claims of any kind against the Borrower regardless of
whether such parties have notice of this pledge.
ARTICLE VI
PAYMENTS
Section 6.1. Payment of Local Bond. (a) The Local Bond shall be dated the date of
its delivery to the Commission. Interest on the Local Bond shall be computed on the disbursed
principal balance thereof from the date of each disbursement at the rate of one and fifty one-
hundredths percent (1.50%) per annum.
(b) Interest only on all amounts disbursed under the Local Bond may be
capitalized until the first of the following events to occur: (1) APCO pays to the Borrower an
amount equal to or greater than $4,500,000 pursuant to the Performance Agreement, or (2)
January 13, 2031, the tenth (10th) anniversary of the effective date of the Performance
Agreement. After the interest-only period, and continuing semi-annually thereafter on
__________ 1 and __________ 1 in each year, principal and interest due under the Local Bond
shall be payable in installments as set forth in Schedule I, with a final installment due and
payable on _________ 1, 20[36], when if not sooner paid, all amounts due hereunder and under
the Local Bond shall be due and payable in full. Each installment shall be applied first to
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payment of interest accrued and unpaid to the payment date and then to principal. If any
installment of principal of or interest on the Local Bond is not paid within ten (10) days after its
due date, the Borrower agrees to pay to the Commission a late payment charge in an amount
equal to five percent (5.0%) of the overdue installment.
(c) Upon the occurrence of an Event of Default set forth in Section 11.1(a),
including failure to pay upon mandatory prepayment or at final maturity, the outstanding
principal balance of the Local Bond shall, at the Commission’s option, bear interest at a rate of
four percentage points (4%) per annum (the “Default Rate”).
Section 6.2. Payment of Additional Payments. In addition to the payments of
principal of and interest on the Local Bond, the Borrower agrees to pay on demand of the
Commission the following Additional Payments:
(1) The costs of the Commission in connection with the enforcement
of this Agreement including the reasonable fees and expenses of any attorneys or
consultants used by any of them; and
(2) All expenses, including reasonable attorneys’ fees, relating to any
amendments, waivers, consents or collection or enforcement proceedings pursuant
to the provisions hereof.
The Borrower agrees to pay, but solely from Revenues, interest on any Additional
Payments enumerated in (1) or (2) above not received by the Commission within ten (10) days
after demand therefor at the Default Rate on the overdue installment from its due date until the
date it is paid.
ARTICLE VII
PREPAYMENTS
Section 7.1. Prepayment of Local Bond. Upon at least five (5) days’ prior written
notice, the Borrower may prepay the Local Bond at any time, in whole or in part and without
penalty. Such written notice shall specify the date on which such prepayment shall occur and
whether the Local Bond will be prepaid in full or in part, and if in part, the principal amount to
be prepaid. Notwithstanding the forgoing, the Borrower shall promptly prepay any and all
amounts received from or on behalf of APCO pursuant to the Performance Agreement or
otherwise, without penalty, no later than five (5) days upon receipt of such amounts. Any such
partial prepayment shall be applied against the principal amount outstanding under the Local
Bond but shall not postpone the due date of any subsequent payment on the Local Bond, unless
the Borrower and the Commission agree otherwise in writing.
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ARTICLE VIII
RESERVED
ARTICLE IX
RESERVED
ARTICLE X
SPECIAL COVENANTS
Section 10.1 Maintenance of Existence. The Borrower shall maintain its existence as
a public body corporate and a political subdivision of the Commonwealth of Virginia and,
without consent of the Commission, shall not dissolve or otherwise dispose of all or substantially
all of its assets or consolidate or merge with or into another entity. Notwithstanding the
foregoing, the Borrower may consolidate or merge with or into, or sell or otherwise transfer all
or substantially all of its assets to a political subdivision of the Commonwealth of Virginia, and
the Borrower thereafter may dissolve, if the surviving, resulting or transferee political
subdivision, if other than the Borrower, assumes, in written form acceptable to the Commission,
all of the obligations of the Borrower contained in the Local Bond and this Agreement, and there
is furnished to the Commission an Opinion of Counsel acceptable to the Commission subject to
customary exceptions and qualifications, to the effect that such assumption constitutes the legal,
valid and binding obligation of the surviving, resulting or transferee political subdivision
enforceable against it in accordance with its terms.
Section 10.2 Performance Agreement Covenants. The Borrower shall not amend or
modify the Performance Agreement without the prior written consent of the Commission. The
Borrower shall perform under and shall enforce the terms of the Performance Agreement and use
its best efforts to ensure that the Performance Agreement remains in full force and effect during
the term of this Agreement. The Borrower shall give prompt written notice to the Commission
and Loan Servicer of any default or termination of the Performance Agreement.
Section 10.3. Inspection of Borrower’s Books and Records. Without limiting the
Commission’s rights under the Collateral, the Commission and its authorized representatives and
agents shall have the right at all reasonable times and upon reasonable prior notice to the
Borrower to examine and copy the books and records of the Borrower insofar as such books and
records relate to the Project as may be necessary to determine whether the Borrower is in
compliance with the requirements of this Agreement.
Section 10.4. Further Assurances. The Borrower shall to the fullest extent permitted
by law, pass, make, do, execute, acknowledge and deliver such further resolutions, acts, deeds,
conveyances, assignments, transfers and assurances as may be necessary or desirable for the
better assuring, conveying, granting, assigning and confirming the rights granted or assigned by
this Agreement, or as may be required to carry out the purposes of this Agreement. The
Borrower shall at all times, to the fullest extent permitted by law, defend, preserve and protect all
rights of the Commission under this Agreement against all claims and demands of all persons.
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Section 10.5. RESERVED.
Section 10.6. Assignment by Borrower. The Borrower may not assign its rights under
this Agreement without the prior written consent of the Commission. If the Borrower desires to
assign its rights under this Agreement to another political subdivision of the Commonwealth of
Virginia, the Borrower shall give notice of such fact to the Commission. If the Commission
consent to the proposed assignment, the Borrower may proceed with the proposed assignment,
but such assignment shall not become effective until the Commission is furnished (i) an
assumption agreement in form and substance satisfactory to the Commission by which the
assignee agrees to assume all of the Borrower’s obligations under the Local Bond and this
Agreement, and (ii) an Opinion of Counsel to the assignee, subject to customary exceptions and
qualifications, that the assumption agreement, the Local Bond and this Agreement constitute
legal, valid and binding obligations of the assignee enforceable against the assignee in
accordance with their terms and that the assignment and assumption comply in all respects with
the provisions of this Agreement. Notwithstanding the foregoing, the assignment of the rights of
the Borrower under the Local Bond and this Agreement or the assumption of the obligations
thereunder by the assignee shall in no way be construed as releasing the Borrower’s obligations.
Section 10.7 Additional Indebtedness and Liens. The Borrower shall not incur any
indebtedness or issue any bonds, notes or other evidences of indebtedness secured by or payable
from the pledge of Revenues or a lien on the Collateral, without the prior written consent of the
Commission. Borrower shall not, directly or indirectly, create, incur, assume or suffer to exist
any mortgage, pledge, security interest, lien, charge, encumbrance or claim on or with respect to
the pledge of Revenues or a lien on the Collateral, without the prior written consent of the
Commission.
ARTICLE XI
DEFAULTS AND REMEDIES
Section 11.1. Events of Default. Each of the following events shall be an “Event of
Default”:
(a) The failure to pay when due any payment of principal or interest due
hereunder or to make any other payment required to be made under the Local Bond or this
Agreement;
(b) The Borrower’s failure to perform or observe any of the other covenants,
agreements or conditions of the Local Bond, the Performance Agreement, the Support
Agreements or this Agreement and the continuation of such failure for a period of thirty (30)
days after the Commission gives the Borrower written notice specifying such failure and
requesting that it be cured, unless the Commission shall agree in writing to an extension of such
time prior to its expiration; provided, however, if the failure stated in the notice is correctable but
cannot be corrected within the applicable period, the Commission will not unreasonably
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withhold its consent to an extension of such time if corrective action is instituted by the
Borrower within the applicable period and diligently pursued until the Default is corrected;
(c) Any warranty, representation or other statement by or on behalf of the
Borrower contained in this Agreement or in any instrument furnished in compliance with or in
reference to this Agreement or in connection with the issuance and sale of the Local Bond is
false or misleading in any material respect;
(d) The occurrence of a default by the Borrower under the terms of any other
indebtedness secured by a pledge of Revenues or a lien on the Collateral, and the failure to cure
such default or obtain a waiver thereof within any period of time permitted thereunder;
(e) Any proceeding shall be instituted, with the Borrower’s consent or
acquiescence, for the purpose of effecting a composition between the Borrower and its creditors
or for the purpose of adjusting the claims of such creditors, pursuant to any federal or state
statute now or hereafter enacted, if the claims of such creditors are under any circumstances
secured by a pledge of Revenues or lien on the Collateral; or
(f) Any bankruptcy, insolvency or other similar proceeding shall be instituted
by or against the Borrower under any federal or state bankruptcy or insolvency law now or
hereinafter in effect and, if instituted against the Borrower, is not dismissed within sixty (60)
days after filing.
Section 11.2. Notice of Default. The Borrower agrees to give the Commission prompt
written notice if any order, decree or proceeding referred to in Section 11.1(e) or (f) is entered or
instituted against the Borrower or of the occurrence of any other event or condition which
constitutes a Default or an Event of Default immediately upon becoming aware of the existence
thereof.
Section 11.3. Remedies on Default. Whenever any Event of Default referred to in
Section 11.1 shall have happened and be continuing, the Commission shall, in addition to any
other remedies provided herein or by law, have the right, at its option without any further
demand or notice, to take one or both of the following remedial steps:
(a) Declare immediately due and payable all payments due or to become due
on the Local Bond and under this Agreement, and upon notice to the Borrower, the same shall
become immediately due and payable by the Borrower without further notice or demand; and
(b) Take whatever other action at law or in equity may appear necessary or
desirable to collect the payments then due and thereafter to become due on the Local Bond and
under this Agreement, to enforce any other of the Commission’s rights under this Agreement, or
to enforce performance by the Borrower of its covenants, agreements or undertakings contained
herein or in the Local Bond, which the Borrower hereby agrees are assigned to the Commission
upon the occurrence of an Event of Default.
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Section 11.4. Delay and Waiver. No delay or omission to exercise any right or power
accruing upon any Default or Event of Default shall impair any such right or power or shall be
construed to be a waiver of any such Default or Event of Default or acquiescence therein, and
every such right or power may be exercised from time to time and as often as may be deemed
expedient. No waiver of any Default or Event of Default under this Agreement shall extend to or
shall affect any subsequent Default or Event of Default or shall impair any rights or remedies
consequent thereto.
ARTICLE XII
MISCELLANEOUS
Section 12.1. Successors and Assigns. This Agreement shall be binding upon, inure to
the benefit of and be enforceable by the parties and their respective successors and permitted
assigns.
Section 12.2. Amendments. The Borrower and the Commission shall have the right to
amend from time to time any of the terms and conditions of this Agreement, provided that all
amendments shall be in a writing and shall be signed by the Borrower and the Commission;
provided, however, that the written consent of the Loan Servicer shall be required for the
Commission and the Borrower to amend this Agreement.
Section 12.3. Limitation of Borrower’s Liability. No covenant, agreement or
obligation contained in this Agreement or the Local Bond shall be deemed to be a covenant,
agreement or obligation of any present or future director, officer, employee or agent of the
Borrower in his or her individual capacity, and neither the directors of the Borrower nor any
officer, employee or agent thereof executing this Agreement or the Local Bond shall be liable
personally on such Agreement or Local Bond or be subject to any personal liability or
accountability by reason of the issuance thereof. No director, officer, employee or agent of the
Borrower shall incur any personal liability with respect to any other action taken by him or her
pursuant to this Agreement or the Local Bond or the Virginia Regional Industrial Facilities Act
(Section 15.2-6400 et seq. of the Code of Virginia of 1950, as amended) or any of the
transactions contemplated thereby provided he or she acts in good faith.
THE OBLIGATIONS OF THE BORROWER UNDER THIS AGREEMENT AND THE
LOCAL BOND ARE NOT GENERAL OBLIGATIONS OF THE BORROWER BUT ARE
LIMITED OBLIGATIONS PAYABLE SOLELY FROM THE REVENUES AND RECEIPTS
DERIVED BY THE BORROWER PURSUANT TO THIS AGREEMENT, WHICH
REVENUES AND RECEIPTS HAVE BEEN PLEDGED AND ASSIGNED TO SUCH
PURPOSES. THE OBLIGATIONS OF THE BORROWER HEREUNDER SHALL NOT BE
DEEMED TO CONSTITUTE A DEBT OR A PLEDGE OF THE FAITH AND CREDIT OF
THE COMMONWEALTH OF VIRGINIA OR ANY POLITICAL SUBDIVISION THEREOF,
INCLUDING THE BORROWER, THE COUNTY, AND THE CITY. NEITHER THE
COMMONWEALTH OF VIRGINIA NOR ANY POLITICAL SUBDIVISION THEREOF,
INCLUDING THE BORROWER, THE COUNTY, AND THE CITY, SHALL BE
OBLIGATED TO PAY THE OBLIGATIONS HEREUNDER OR OTHER COSTS INCIDENT
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THERETO EXCEPT FROM THE REVENUES, RECEIPTS AND PAYMENTS PLEDGED
THEREFOR, AND NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF
THE COMMONWEALTH OF VIRGINIA OR ANY POLITICAL SUBDIVISION THEREOF,
INCLUDING THE BORROWER, THE COUNTY, AND THE CITY, IS PLEDGED TO THE
PAYMENT OF THE LOCAL BOND.
Section 12.4. Applicable Law. This Agreement shall be governed by the applicable
laws of the Commonwealth of Virginia.
Section 12.5. Severability. If any clause, provision or section of this Agreement shall
be held illegal or invalid by any court, the illegality or invalidity of such clause, provision or
Section shall not affect the remainder of this Agreement which shall be construed and enforced
as if such illegal or invalid clause, provision or section had not been contained in this Agreement.
If any agreement or obligation contained in this Agreement is held to be in violation of law, then
such agreement or obligation shall be deemed to be the agreement or obligation of the Borrower
and the Commission, as the case may be, only to the extent permitted by law.
Section 12.6. Notices. Unless otherwise provided for herein, all demands, notices,
approvals, consents, requests, opinions and other communications under the Local Bond or this
Agreement shall be in writing and shall be deemed to have been given when delivered in person,
mailed by first class registered or certified mail, postage prepaid, or sent by recognized national
overnight courier, addressed as follows:
Commission: Tobacco Region Revitalization Commission
701 East Franklin Street, Suite 501
Richmond, VA 23219
Attention: Executive Director
Borrower: Danville-Pittsylvania Regional Industrial Facility Authority
Institute for Advanced Learning and Research
150 Slayton Avenue, Room 206
Danville, VA 24540
Attention: Chairman
Loan Servicer: Virginia Resources Authority
1111 East Main Street, Suite 1920
Richmond, VA 23219
Attention: Executive Director
A duplicate copy of each demand, notice, approval, consent, request, opinion or other
communication given by any party named in this Section 12.5 shall also be given to each of the
other parties named. The Commission and the Borrower may designate, by notice given
hereunder, any further or different addresses to which subsequent demands, notices, approvals,
consents, requests, opinions or other communications shall be sent or persons to whose attention
the same shall be directed.
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Section 12.7. Right to Cure Default. If the Borrower shall fail to make any payment or
to perform any act required by it under the Local Bond or this Agreement, the Commission
without prior notice to or demand upon the Borrower and without waiving or releasing any
obligation or default, may (but shall be under no obligation to) make such payment or perform
such act. All amounts so paid by the Commission and all costs, fees and expenses so incurred
shall be payable by the Borrower solely from Revenues as an additional obligation under this
Agreement, together with interest thereon at the Default Rate until paid. The Borrower’s
obligation under this Section shall survive the payment of the Local Bond.
Section 12.8. Headings. The headings of the several articles and sections of this
Agreement are inserted for convenience only and do not comprise a part of this Agreement.
Section 12.9. Term of Agreement. This Agreement shall be effective upon its
execution and delivery, provided that the Local Bond previously or simultaneously shall have
been executed and delivered. Except as otherwise specified, the Borrower’s obligations under
the Local Bond and this Agreement shall expire upon payment in full of the Local Bond and all
other amounts payable by the Borrower under this Agreement.
Section 12.10. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be an original and all of which together shall constitute but one
and the same instrument.
[Remainder of Page Intentionally Left Blank]
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WITNESS the following signatures, all duly authorized.
VIRGINIA TOBACCO REGION REVITALIZATION
COMMISSION
By:
Its:
DANVILLE-PITTSYLVANIA
REGIONAL INDUSTRIAL FACILITY AUTHORITY
By:
Its:
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EXHIBIT A
FORM OF LOCAL BOND
DANVILLE-PITTSYLVANIA
REGIONAL INDUSTRIAL FACILITY AUTHORITY
LOAN NO. ____
[To Be Provided]
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EXHIBIT B
PROJECT DESCRIPTION
DANVILLE-PITTSYLVANIA
REGIONAL INDUSTRIAL FACILITY AUTHORITY
LOAN NO. ____
The Project includes financing the relocation of an approximately two-mile portion of an
existing 69kV transmission line at the Southern Virginia Megasite, together with related
expenses.
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EXHIBIT C
PROJECT BUDGET
DANVILLE-PITTSYLVANIA
REGIONAL INDUSTRIAL FACILITY AUTHORITY
LOAN NO. ____
[To Be Provided]
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Packet Pg. 144 Attachment: VRA - Danville-Pittsylvania RIFA - Tobacco Financing Agreement_19510059(2) (003) (2585 : Resolution # 2021-06-04 (Virginia
EXHIBIT D
OPINION OF BORROWER’S BOND COUNSEL
DANVILLE-PITTSYLVANIA
REGIONAL INDUSTRIAL FACILITY AUTHORITY
LOAN NO. ____
[To Be Provided]
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Packet Pg. 145 Attachment: VRA - Danville-Pittsylvania RIFA - Tobacco Financing Agreement_19510059(2) (003) (2585 : Resolution # 2021-06-04 (Virginia
EXHIBIT E
REQUISITION FOR DISBURSEMENT
DANVILLE-PITTSYLVANIA
REGIONAL INDUSTRIAL FACILITY AUTHORITY
LOAN NO. ____
[LETTERHEAD OF BORROWER]
[Date]
Tobacco Region Revitalization Commission
701 East Franklin Street, Suite 501
Richmond, VA 23219
Attention: Executive Director
Virginia Resources Authority, as Loan Servicer
1111 East Main Street, Suite 1920
Richmond, Virginia 23219
Attention: Executive Director
Re: Danville-Pittsylvania Regional Industrial Facility Authority
Loan No. _____
Dear Mr./Ms. __________:
This requisition, Number 1, is submitted by the Danville-Pittsylvania Regional Industrial
Facility Authority (the “Borrower”) in connection with the Financing Agreement, dated as of
June 1, 2021 (the “Agreement”), between the Virginia Tobacco Region Revitalization
Commission and the Borrower. Unless otherwise defined in this requisition, all capitalized terms
used herein shall have the meanings set forth in Article I of the Agreement. The undersigned
hereby requests disbursement of Local Bond Proceeds under the Agreement in the amount of
$4,500,000, for the purposes of payment of the Project Costs as set forth in Schedule 1 attached
hereto.
The undersigned certifies that (a) the amounts requested by the requisition will be applied
solely and exclusively to the payment, or to the reimbursement of the Borrower for the payment,
of Project Costs, (b) the amounts requested by the requisition have not been the basis for a prior
requisition of the Borrower or APCO with respect to the Project, and (c) any materials, supplies
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or equipment covered by this requisition are not subject to any lien or security interest or such
lien or security interest will be released upon payment of the requisition.
Very truly yours,
DANVILLE-PITTSYLVANIA
REGIONAL INDUSTRIAL FACILITY
AUTHORITY
By:__________________________
Its:___________________________
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Packet Pg. 147 Attachment: VRA - Danville-Pittsylvania RIFA - Tobacco Financing Agreement_19510059(2) (003) (2585 : Resolution # 2021-06-04 (Virginia
SCHEDULE 1
VIRGINIA TOBACCO REGIONAL REVITALIZATION COMMISSION
FORM TO ACCOMPANY REQUEST FOR DISBURSEMENT
REQUISITION # __________
BORROWER: DANVILLE-PITTSYLVANIA REGIONAL INDUSTRIAL FACILITY AUTHORITY
LOAN NUMBER: LOAN NO. ____
CERTIFYING SIGNATURE: _______________________________
BORROWER REPRESENTATIVE TITLE:____________________________________________
Cost Category
Amount
Budgeted
Previous
Disbursements
Expenditures
This Period
Total
Expenditures
To Date
Net
Balance
Remaining
Total Loan Amount $4,500,000
Previous Disbursements $0
This Request $4,500,000
Local Bond Proceeds Remaining $0
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Packet Pg. 148 Attachment: VRA - Danville-Pittsylvania RIFA - Tobacco Financing Agreement_19510059(2) (003) (2585 :
EXHIBIT F
SUPPORT AGREEMENTS
DANVILLE-PITTSYLVANIA
REGIONAL INDUSTRIAL FACILITY AUTHORITY
LOAN NO. ____
THIS SUPPORT AGREEMENT is made as of the first day of June, 2021, by and
among the [BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA (the
“Board”), acting as the governing body of the County of Pittsylvania, Virginia (the “County”)]
[CITY COUNCIL OF DANVILLE, VIRGINIA (the “Council”), acting as the governing body
of the City of Danville, Virginia (the “City”)], the DANVILLE-PITTSYLVANIA
REGIONAL INDUSTRIAL FACILITY AUTHORITY, a public body corporate and a
political subdivision of the Commonwealth of Virginia (the “Borrower”), and the VIRGINIA
TOBACCO REGION REVITALIZATION COMMISSION, a public body corporate and a
political subdivision of the Commonwealth of Virginia (the “Commission”), as purchaser of the
Local Bond, as hereinafter defined, pursuant to a Financing Agreement dated as of the date
hereof (the “Financing Agreement”), between the Borrower and the Commission.
RECITALS:
WHEREAS, the Borrower has determined that it is in its best interest to issue and sell a
revenue bond in an original aggregate principal amount not to exceed $4,500,000 (the “Local
Bond”) to the Commission pursuant to the terms of the Financing Agreement in order to finance
the Project; and
WHEREAS, the [Board][Council] adopted on June __, 2021, a resolution authorizing,
among other things, the execution of an agreement providing for a non-binding obligation of the
[Board][Council] to consider certain appropriations in support of the Local Bond and the Project.
AGREEMENT
NOW, THEREFORE, for and in consideration of the foregoing and of the mutual
covenants herein set forth, the parties hereto agree as follows:
1. Unless otherwise defined, each capitalized term used in this Support Agreement
shall have the meaning given it in the Financing Agreement.
2. The Borrower shall issue the Local Bond and to use the proceeds thereof to pay
the Project Costs.
3. No later than May 15 of each year, beginning May 15, 2022, the Borrower shall
notify the [Board][Council] of an amount that constitutes fifty percent (50%) the amount by
which the Borrower reasonably expects the Revenues to be insufficient to pay (i) the debt service
obligations under the Financing Agreement and the Local Bond, and (ii) the Additional
Payments in full as and when due during the [County’s][City’s] fiscal year beginning the
following July 1 (the “Annual Deficiency Amount”) .
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Packet Pg. 149 Attachment: VRA - Danville-Pittsylvania RIFA - Tobacco Financing Agreement_19510059(2) (003) (2585 : Resolution # 2021-06-04 (Virginia
4. The [County Administrator of the County (the “County Administrator”)][City
Manager of the City (the “City Manager”)] shall include the Annual Deficiency Amount in his or
her budget submitted to the [Board][Council] for the following fiscal year as an amount to be
appropriated to or on behalf of the Borrower. The [County Administrator/City Manager] shall
deliver to the Commission within ten days after the adoption of the [County][City]’s budget for
each fiscal year, but not later than July 15 of each year, a certificate stating whether the
[Board][Council] has appropriated to or on behalf of the Borrower an amount equal to the Annual
Deficiency Amount.
5. If at any time Revenues shall be insufficient to make any of the payments referred
to in paragraph 3 hereof, the Borrower shall notify the [County Administrator/City Manager] of
the amount of such insufficiency and the [County Administrator/City Manager] shall request a
supplemental appropriation from the [Board/Council] in the amount necessary to make such
payment.
6. The [County Administrator/City Manager] shall present each request for
appropriation pursuant to paragraph 5 above to the [Board/Council], and the [Board/Council]
shall consider such request, at the [Board/Council]’s next regularly scheduled meeting at which it
is possible to satisfy any applicable notification requirement. Promptly after such meeting, the
[County Administrator/City Manager] shall notify the Commission as to whether the amount so
requested was appropriated. If the [Board/Council] shall fail to make any such appropriation, the
[County Administrator/City Manager] shall add the amount of such requested appropriation to
the Annual Deficiency Amount reported to the [County/City] by the [County Administrator/City
Manager] for the [County/City]’s next fiscal year.
7. The [Board/Council] hereby undertakes a non-binding obligation to appropriate
such amounts as may be requested from time to time pursuant to paragraphs 4 and 5 above, to
the fullest degree and in such manner as is consistent with the Constitution and laws of the
Commonwealth of Virginia. The [Board/Council], while recognizing that it is not empowered to
make any binding commitment to make such appropriations in future fiscal years, hereby states
its intent to make such appropriations in future fiscal years, and hereby recommends that future
[Boards of Supervisors/City Councils] do likewise.
8. Nothing herein contained is or shall be deemed to be a lending of the credit of the
[County/City] to the Borrower, the Commission, APCO or to any holder of the Local Bond or to
any other person, and nothing herein contained is or shall be deemed to be a pledge of the faith
and credit or the taxing power of the [County/City], nor shall anything herein contained legally
bind or obligate the [Board/Council] to appropriate funds for the purposes described herein.
9. Any notices or requests required to be given hereunder shall be deemed given if
sent by registered or certified mail, postage prepaid, addressed (i) if to the [County/City], to
_____________, Attention: [County Administrator/City Manager], (ii) if to the Borrower, to the
Institute for Advanced Learning and Research, 150 Slayton Avenue, Room 206, Danville, VA
24540, Attention: Chairman, and (iii) if to the Commission, to 701 East Franklin Street, Suite
501, Richmond, Virginia, 23219, Attention: Executive Director. Any party may designate any
other address for notices or requests by giving notice.
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Packet Pg. 150 Attachment: VRA - Danville-Pittsylvania RIFA - Tobacco Financing Agreement_19510059(2) (003) (2585 : Resolution # 2021-06-04 (Virginia
10. It is the intent of the parties hereto that this Agreement shall be governed by the
laws of the Commonwealth of Virginia.
11. This Agreement shall remain in full force and effect until the Local Bond and all
other amounts payable by the Borrower under the Financing Agreement have been paid in full.
12. This Agreement may be executed in any number of counterparts, each of which
shall be an original and all of which together shall constitute but one and the same instrument.
[Signature page follows]
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Packet Pg. 151 Attachment: VRA - Danville-Pittsylvania RIFA - Tobacco Financing Agreement_19510059(2) (003) (2585 : Resolution # 2021-06-04 (Virginia
IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be
executed in their respective names as of the date first above written.
[BOARD OF SUPERVISORS OF PITTSYLVANIA
COUNTY, VIRGINIA/CITY COUNCIL OF THE
CITY OF DANVILLE, VIRGINIA]
By: ____________________________________________
Title: ___________________________________________
DANVILLE-PITTSYLVANIA REGIONAL
INDUSTRIAL FACILITY AUTHORITY
By: ____________________________________________
Title: ___________________________________________
VIRGINIA TOBACCO REGION REVITALIZATION
COMMISSION
By: ____________________________________________
Title: ___________________________________________
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Packet Pg. 152 Attachment: VRA - Danville-Pittsylvania RIFA - Tobacco Financing Agreement_19510059(2) (003) (2585 : Resolution # 2021-06-04 (Virginia
19510059v2
SCHEDULE I
DEBT SERVICE SCHEDULE
DANVILLE-PITTSYLVANIA
REGIONAL INDUSTRIAL FACILITY AUTHORITY
LOAN NO. ____
[To Come]
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Packet Pg. 153 Attachment: VRA - Danville-Pittsylvania RIFA - Tobacco Financing Agreement_19510059(2) (003) (2585 : Resolution # 2021-06-04 (Virginia