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04-01-13 BOS PKTBOARD PACKET BOARD OF SUPERVISORS REGULAR MEETING APRIL 1, 2013 a 1767 Pi �.c PITTSYLVANIA COUNTY BOARD OF SUPERVISORS REGULAR MEETING MONDAY, APRIL 1, 2013 GENERAL DISTRICT COURTROOM EDWIN R. SHIELDS COURTHOUSE ADDITION AGENDA Call to Order — 7:00 p.m. 2. Roll Call Barber0 BarksdaleO BowmanO EckerO HagermanO HarvilleO SneadO 3. Pledge of Allegiance 4. Items to be Added to the Agenda Motion by Barber0 BarksdaleO Bowman0 EckerO HagermanO HarvilleO SneadO Seconded by Barber0 BarksdaleO Bowman0 EckerO HagermanO HarvilleO SneadO (a) Closed Session — Personnel Discussion of individual personnel matters concerning employment, assignment, promotion, demotion, discipline, resignation, evaluation of an employee of any public body. Authority: §2.2- 3711(A)(1), Code of Virginia, 1950, as amended, for personnel matters Subject: Economic Development Office Purpose: Discussion of Severance Package Motion by Barber0 Barksdale0 BowmanO EckerO Hagerman0 Harville0 SneadO Seconded by Barber0 Barksdale0 BowmanO EckerO Hagerman0 Harville0 Snead17 (b) Emergency Repairs — Blairs Community Center —Pages 1146 APPROVAL OF AGENDA Motion by Barber0 Barksdale0 Bowman0 EckerO Hagerman0 Harville0 SneadO Seconded by Barber0 BarksdaleO Bowman0 EckerO HagermanO Harville0 Snead(? P3 HEARING OF CITIZENS CONSENT AGENDA Motion by BarberD Barksdale0 BowmanO EckerO Hagerman0 HarvilleO SneadD Seconded by BarberD BarksdaleD BowmanD EckerD HagermanO Harville0 SneadO 5(a) Minutes: March 4, 2013 — Regular Meeting— Pages 19 -24 March 14, 2013 — Special Call Meeting —Pages 25 -26 March 19, 2013 — Adjourned Meeting -Pages 27- 47 Motion by BarberD BarksdaleO Bowman0 EckerO HagermanO Harville0 SneadO Seconded by BarberD Barksdale0 Bowman0 EckerO HagermanO Harville0 SneadD 5(b) Bill List— March 2013 (Online) Motion by BarberD BarksdaleD BowmanD EckerD Hagerman0 Harville0 SneadO Seconded by BarberD BarksdaleO Bowman0 EckerO HagermanO HarvilleO SneadD 5(c) Proclamation — Earth Week: April 15 -20, 2013— Pages 48 -50 P4 Motion by Barber0 BarksdaleO BowmanO EckerO Hagerman0 Harville0 SneadO Seconded by Barber0 Barksdale0 BowmanO EckerO Hagerman0 Harville0 SneadO 5(d) Out of State Travel — E911 — Page 51 UNFINISHED BUSINESS 13 Motion by Barber0 Barksdale0 Bowman0 EckerO Hagerman0 Harville0 SneadO Seconded by Barber0 Barksdale0 BowmanO EckerO Hagerman0 Harville0 SneadO Appropriation -973 Loader for Pittsylvania County Landfill —At the March 19, 2013 adjourned meeting, a motion was made by Mr. Barber, seconded by Mr. Barksdale, which required a 10 -Day Layover that has now been met. Roll Call Vote required— Pages 53 -56 (Roll Call Vote Y or 1) NEW BUSINESS Motion by Barber17 Barksdale0 Bowman0 EckerO Hagerman0 Harville0 SneadO Seconded by Barber0 BarksdaleO Bowman0 EckerO Hagerman17 Harville0 SneadO 7. Recommendations from Property & Buildings Committee — The Property & Buildings Committee will meet at 4 :30 pm on Tuesday, March 26, 2013. Any recommendations coming from that meeting will be presented to the full Board meeting on Apri11, 2013 — Page 58 (a) Blairs Community Center Motion by BarberI7 Barksdale0 Bowman0 EckerO Hagerman0 Harville0 SneadO Seconded by BarberU Barksdale❑ Bowman❑ Ecker❑ Hagerman❑ Harville❑ SneadO 8. Bill Award — Generator for Moses Building — Pages 59 -61 PS Y N A Barber ❑ ❑ ❑ Barksdale ❑ ❑ ❑ Bowman ❑ ❑ ❑ Ecker ❑ ❑ ❑ Hagerman ❑ ❑ ❑ Harville ❑ ❑ ❑ Snead ❑ ❑ ❑ NEW BUSINESS Motion by Barber17 Barksdale0 Bowman0 EckerO Hagerman0 Harville0 SneadO Seconded by Barber0 BarksdaleO Bowman0 EckerO Hagerman17 Harville0 SneadO 7. Recommendations from Property & Buildings Committee — The Property & Buildings Committee will meet at 4 :30 pm on Tuesday, March 26, 2013. Any recommendations coming from that meeting will be presented to the full Board meeting on Apri11, 2013 — Page 58 (a) Blairs Community Center Motion by BarberI7 Barksdale0 Bowman0 EckerO Hagerman0 Harville0 SneadO Seconded by BarberU Barksdale❑ Bowman❑ Ecker❑ Hagerman❑ Harville❑ SneadO 8. Bill Award — Generator for Moses Building — Pages 59 -61 PS Motion by BarberO Barksdale0 Bowman0 EckerO HagernumO HarvilleO SneadO Seconded by Barber0 BarksdaleO Bowman0 EckerO Hagerman0 Harville0 SneadO Bid Award —Landfill Compactor —Pages 62 -63 Motion by Barber0 Barksdale0 Bowman0 EckerO Hagerman0 Harville0 SneadO Seconded by Barber17 Barksdale0 Bowman0 EckerO HagermanO HarvilleO SneadO 10. Amusement Device Inspections by Private Inspectors — Pages 64 -69 Motion by Barber0 BarksdaleO Bowman0 EckerO Hagerman0 Harville0 SneadO Seconded by Barber0 BarksdaleO Bowman0 EekerO HagermanO HarvilleO SneadO 11. Royal Flush Smith Mountain Lake Association (SMLA)/Tri -County Lake Administrative Commission (TLAC) Cooperative Program Proposal —Pages 70 -77 Motion by BarberO Barksdale0 Bowman0 EckerO Hagerman0 Harville0 SneadO Seconded by Barber0 BarksdaleO Bowman0 EckerO Hagerman0 Harville0 SneadO 12. m_: C,.. n4y Take Administrative Comrnissien t1 greetnent Purges This item to be struck from the agenda; Page 78 Motion by Barber17 Barksdale0 Bowman17 EckerO HagermanO Harville0 SneadO Seconded by Barber0 Barksdale0 Bowman0 EckerO Hagerman0 Harvllle0 SneadO 13. Cherrystone and Roaring Fork Dams Preliminary Report for Spillways - Cost Sharing Request from Town of Chatham — Pages 79 -84 Motion by Barber0 BarksdaleO Bowman0 EckerO Hagerman0 Harville0 SneadO Seconded by Barber0 Barksdale0 Bowman0 EckerO Hagerman0 Harville17 SneadO 14. Jail- Telephone Commissions — Requires a motion and a 10 -Day Layover — Page 85 Motion by BarberO BarksdaleO BowmanO EckerO Hagerman0 Harville0 SneadO Seconded by Barher0 BarksdaleO BowmanO EckerO HagermanO Harville0 SneadO 15. Robinson, Farmer, Cox Associates — Contract Renewal — Pages 86 -88 P6 Motion by BarberO BarksdaleO Bowman0 EekerO HagermanO Harville0 SneadO Seconded by Barber0 Barksdale0 Bowman0 EckerO Hagerman0 Harville0 SneadO 16. Zoning — Transfer Request — Page 89 Motion by Barber0 Barksdale0 Bowman0 Eckker0 Hagerman0 Harville0 SneadO Seconded by Barber0 BarksdaleO Bowman0 EckerO Hagerman0 HarvilleO SneadO 17. Expenditure Refunds — Requires a motion and a 10 -Day Layover — Pages 90 -92 BOARD ANNOUNCEMENTS REPORTS FROM LEGAL COUNSEL REPORTS FROM COUNTY ADMINISTRATOR — Pages P7 Motion by BarberO Barksdale0 BowmanO EckerO HagermanO HarVilleO Sneado Seconded by Barber0 BarksdaleO Bowman17 Ecker17 Hagerman0 HarvilleO Sneado Entered Closed Session: CLOSED SESSION Closed Session — Personnel Discussion of individual personnel matters concerning employment, assignment, promotion, demotion, discipline, resignation, evaluation of an employee of any public body. Authority: §2.2- 3711(A)(1), Code of Virginia, 1950, as amended, for personnel matters Subject: Economic Development Office Purpose: Discussion of Severance Package Re -enter Open Session: Motion by Barber0 Barksdale0 Bowman0 EckerO Hagerman0 Harville0 Sneado Seconded by Barber0 Barksdale0 BowmanO EckerO Hagerman0 Harville0 Sneado CERTIFICATION Y N Barber ❑ ❑ Barksdale ❑ ❑ Bowman ❑ ❑ Ecker ❑ ❑ Hagerman ❑ ❑ Harville ❑ ❑ Snead ❑ ❑ Adiournment Motion by BarberO BarksdaleO BowmanO EckerO Hagerman0 HarvilleO Sneado Seconded by BarberO BarksdaleO Bowman0 ECkerO Hagerman0 HarvilleO SneadL1 Time Adjourned: P8 EMERGENCY ITEMS TO BE ADDED P9 PITTSYLVANIA COUNTY Board of Supervisors AGENDA TITLE: Closed Session SUBJECT/PROPOSAL/REOUEST: Closed Session — Personnel STAFF CONTACT(S): Mr. Sleeper EXECUTIVE SUMMARY AGENDA DATE: 04 -01 -2013 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: No ITEM NUMBER: 4(a) TBA INFORMATION: INFORMATION: BACKGROUND: The Pittsylvania County Board of Supervisors, as authorized by §2.2- 3711(A)(1), Code of Virginia, 1950, as amended, to go into a Closed Session for the discussion of individual personnel matters concerning employment, assignment, promotion, demotion, discipline, resignation, evaluation of an employee of any public body. DISCUSSION: RECOMMENDATION: Staff recommends that the Board of Supervisors go into a closed session as defined by: Authority: §2.2- 3711(A)(1), Code of Virginia, 1950, as amended, for personnel matters: Subject: Economic Development Office Purpose: Discussion of Severance Package P10 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Emergency Repairs — Blairs Community Center 1 04 -01 -2013 SUBJECT/PROPOSAL/REOUEST: Emergency Repairs STAFF CONTACT(S): Mr. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: 4(b) TBA INFORMATION: INFORMATION: BACKGROUND: The Property & Buildings Committee of the Board of Supervisors have been reviewing the required repairs needed at the Blairs Community Center, particularly the roof. At the March 26, 2013 meeting of the Property & Buildings Committee, the committee made a recommendation to the Board of Supervisors to do an analysis on the roof; however, pictures and material brought in of items that had just occurred at the building where the ceiling had falling in three (3) places during a basketball game. DISCUSSION: Staff immediately went to a local contractor to get a price to do a repair for the damage to stop water from coming into the building where the ceiling damages had occurred. Attached hereto is a cost for those emergency repairs at the Blairs facility. RECOMMENDATION: Staff is recommending that the Board of Supervisors authorize the approval of the current emergency repairs to the soffit and fascia board along 95 feet of a southwest face of the gymnasium building. These funds are available in the budget under Capital Outlay for repairs. PH Route 29 South ww .blair- construction.con) Blair Cons"ction, Inc. Grema, Virginia 24557 Mailing: Phone (434) 656 -6243 Post Office Box 612 Fax (434) 656 -3290 Gretna, Virginia 24557 March 28, 2013 Mr. Otis Hawker Assistant County Administrator Pittsylvania County Board of Supervisors P.O. Box 426 Chatham, VA 24531 RE: Blair's Middle School Dear Mr. Hawker, Blair Construction Inc. is pleased to offer a price of $9,970 to repair the damaged soffit & fascia boards on the southwest face of the Blair's Middle School gymnasium building. The work associated with this proposal shall include: • Remove damaged fascia & soffit boards on approximately 95' LF southwest face of gymnasium building • Replace removed woodwork with materials of similar make & profile • Prime & paint newly installed woodwork Exclusions: • Roofing • Gutters • Work inside gymnasium • Any work not described above I trust you shall find this proposal in order. Should you have any questions, please feel free to contact me at 434 - 656 -6243. Thank you, <:Z,Jl� Bobby Adkins Project Manager Blair Construction Inc. - -- it =C 'I B 9 '1 -- P12 {w` --�._ .-. �` ��__ - -- -.. - `�"Mt�_. r-.. _. _ - ,r sY _g_ Vii. y'"'� -._:,. �_ ,- �. �1.. _ __ .. �:. �- 1_.. ,�''- -�—�_— 1 —_ �; s --5 '�� _: HEARING OF THE CITIZENS P17 CONSENT AGENDA PIS Regular Meeting March 4, 2013 Pittsylvania County Board of Supervisors Monday, March 4, 2013 Regular Meeting VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Supervisors was held on Monday, March 4, 2013 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Marshall A. Ecker, Chairman, called the meeting to order at 7:00 p.m. The following members were present: Tim Barber James Snead Coy E. Harville Jessie L. Barksdale Jerry A. Hagerman Brenda H. Bowman Marshall Ecker Tunstall District Dan River District Westover District Banister District Callands- Gretna District Chatham- Blairs District Staunton River District Mr. William D. Sleeper, County Administrator, Mr. J. Vaden Hunt, County Attorney, Mr. Greg L. Sides, Assistant County Administrator for Planning and Development, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Ms. Bowman led the Pledge of Allegiance. A»nroval of Agenda Motion was made by Mr. Snead, seconded by Mr. Hagerman, to approve the agenda with the following addition, which would be moved to the Consent Agenda: (a) Resolution to the Virginia Department of Transportation (VDOT) concerning a bridge replacement on SR 676/Taylors Mill Road in the Banister District. Mr. Snead's motion was unanimously approved by the Board. Consent Agenda Motion was made by Mr. Snead, seconded by Ms. Bowman, to approve the Consent Agenda, which was unanimously approved by the Board. Consent Agenda: (a) Minutes: February 4, 2013 — Regular Meeting February 19, 2013 — Adjourned Meeting February 25, 2013 — Joint Meeting of the Pittsylvania County Board of Supervisors/Danville City Council (b) Bill List — February 2013 (online) (c) Proclamation — National Agricultural Day (d) Region One —March 2013 Mr. Harville's motion was unanimously approved by the Board. P19 Regular Meeting March 4, 2013 PITTSYLVANL4 COUNTYBOARD OFSUPERVISORS PROCLAMATION NATIONAL AGRICULTURE WEEK/NATIONAL AGRICULTURE LITERACY WEEK March 17'h — 23r4, 2013 "GENERATIONS NOURISHING GENERATIONS" WHEREAS, agriculture development in Pittsylvania County is one of the major economic resources of the County and ranks in the top 10 of Agribusiness Counties in the Commonwealth; and WHEREAS, the Virginia Department of Agriculture and Consumer Services suggests this a perfect opportunity to give credit to the farmers of our state and county; and WHEREAS, National Agriculture Week is an important celebration in Virginia because agriculture is the Commonwealth's largest industry that contributes $55 billion to the state's economy each year, and over $62million in agriculture receipts based on crops and livestock in Pittsylvania County; and WHEREAS, agriculture in the Commonwealth is a diversified industry with products encompassing livestock, field crops, fruits, vegetables, poultry, dairy, aquaculture, vineyards, and more; and the mild climate and rich soil of Virginia provide an environment in which crops are harvested nearly year - around, and WHEREAS, every Virginian should understand how food, fiber and renewable resource products are produced and should value the essential role of agriculture in maintaining a strong economy, and appreciate the role Virginia agriculture plays in providing safe, abundant, and affordable products; and WHEREAS, because only two percent of the population is engaged in production of agriculture, basic knowledge about and experience with the industry is on the decline, the Agriculture in the Classroom Foundation is sponsoring Agriculture Literacy Week to increase knowledge about agriculture with reading programs to children in kindergarten through Grade 2; and WHEREAS, the 40`h Anniversary of National Agriculture Day will be celebrated on March 19, 2013; then BE IT HEREBY PROCLAIMED by the Pittsylvania County Board of Supervisors that the week of March 17`h through March 23rd 2013 be proclaimed "National Agriculture WeeklNationalAgriculture Literacy Week" in Pittsylvania County and all citizens of Pittsylvania County are encouraged to thank a farmer for the products they provide which enrich our daily lives and urges parents, grandparents, and educators to inform young children on the importance of local agriculture and how it enriches all of our lives. P20 Regular Meeting March 4, 2013 Presentations Mr. Michael Elliot, Vice - President of Operations for Centra Health of Lynchburg, and Dr. Jim Friendship, Medical Director of Emergency Services for Centra Health of Lynchburg, updated the Board on the Centra Health facility project being built in Gretna. Hearing of the Citizens Matthew Speck of the Staunton River District offered a word of prayer. Elizabeth Jones of the Banister District made comments concerning ways to generate revenue, and watching expenditures of the County. George Stanhope of the Callands- Gretna District made comments on how the progress of the Finance Committee thus far during the budget process and wished more citizens would attend those meetings. Richard Shumate of the Westover District made comments opposing how the County spends money, opposed any tax increases, made comments on why he thought the Solid Waste Fee should be eliminated, and comments that the Department of Economic Development and the Department of Parks and Recreation should both be eliminated, and closed with comments opposing any further development of the Mega Park. This concluded the Hearing of the Citizens. New Business There were no recommendations from the Finance Committee, but the Committee did announce that a Work Session meeting was set for Monday, March 11, 2013 at 3:OOpm. After a discussion led by Mr. Hagerman, Chairman Marshall directed Mr. Sleeper that in the future, any employee traveling out of the County for a trip paid for by the County, with the exception of travel for training, would need to make a presentation to the Board on the anticipated cost of the trip and the trip's expected outcome and once the employee returns, a second presentation must be made to the Board of Supervisors on the actual outcome of the trip. Motion was made by Mr. Barksdale, seconded by Mr. Harville, to audit the County's pay /classification plan and authorize the County Administrator to issue Requests For Proposals (RFPs) for the audit to be conducted by professional services, which was unanimously approved by the Board. During discussion, a second motion was made, this one by Mr. Harville and seconded by Mr. Barber, for Mr. Barksdale to spearhead a committee that Mr. Barksdale and Mr. Sleeper would form, and that the this committee would conduct the audit themselves instead of professional services, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Snead, for the reappropriation of funds as follows: $199.67 to Clerk of Court- Copier Lease (100 -4- 021600 - 60051), $500.00 to Sheriff - DARE Supplies (100 -4- 031200 - 6002), $655.54 to Sheriff -Petty Cash (100 -4- 031200 - 6028), $60.00 to Sheriff -Parts (100 -4- 031200 - 6030), $359.10 to Sheriff - Canine (100 -4- 031200 - 6045), $4.00 to Volunteer Fire Department (VFD)- United Way Contributions (100 -4- 032200 - 5567), $778.17 to Jail- Extradition (100 -4- 033100 - 5550), $15,512.99 to WIA -Rent (251 -4- 353160 - 5420), $5,441.00 to Solid Waste Collections - Maintenance (520 -4- 042300 - 3310). This motion required a 10 -Day Layover. Motion was made by Mr. Snead, seconded by Mr. Harville, to amend the Commonwealth Attorney's Restricted Seizure Fund budget and appropriate $10,000.00 to line item 243- 4- 022200- P21 Regular Meeting March 4, 2013 6010. The following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Snead -Yes; Mr. Barksdale -Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Barber -Yes; and Mr. Ecker -Yes. Mr. Snead's motion was unanimously approved by the Board. Motion was made by Mr. Barber, seconded by Mr. Barksdale, to advertise and set the required public hearing for March 19, 2013 in the General District Courtroom of the Edwin R. Shield Courthouse Addition at 7:00pm to amend in order to make wording clarifications to the Solid Waste Fee in Chapter 17 of the Pittsylvania County Code. Mr. Harville asked that these clarifications included changing the wording "timely manner" in Section 17.17 to the actual due date and that instead of referring it, to add the actual 10% penalty rate to the ordinance, which the County Attorney agreed would be included in the changes. Mr. Barber's motion was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Barksdale, to advertise and set the required public hearing for March 19, 2013 in the General District Courtroom of the Edwin R. Shield Courthouse Addition at 7:00pm for amendments to Section 22.1(C)(1) of Chapter 22- Compensation, of the Pittsylvania County Code to bring reimbursement and travel substance into accordance with the County's updated Policies and Procedures. Mr. Snead's motion was unanimously approved by the Board. _Appointments Motion was made by Mr. Barber, seconded by Ms. Bowman, to appoint Mr. Snead as the local government representative to the Community Policy Management Team, which was unanimously approved by the Board. Board Announcements Ms. Bowman announced there would be a meeting of the Capital Improvements Plan Subcommittee on Thursday, March 7, 2013 at 2:00pm. Closed Session Motion was made by Mr. Harville, seconded by Mr. Barber, to enter into Closed Session in the Alternate Circuit Courtroom for the following: Discussion of promotions, demotions, salaries of specific employees which such evaluation will necessarily involve discussion of the performance of specific individuals. Authority: 2.2- 3711(A)(1) of the Code of Virginia, 1950, as amended Subject Matter: County Administration Personnel Purpose: Discussion of promotions /demotions The Board unanimously approved entering into Closed Session as 7:52pm. Motion was made by Mr. Harville, seconded by Mr. Barber, to return to Open Session. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the Regular Meeting of the Pittsylvania County Board of Supervisors on Monday, March 4, 2013 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 P22 Regular Meeting March 4, 2013 open meeting requirements of the Virginia Freedom of Information Act and identified in the motion authorizing the closed meeting were heard, discussed or considered in the closed meeting. If any member believes that there was a departure from the requirements of the Code, he shall so state prior to the vote indicating the substance of the departure. The statement shall be recorded in the minutes of the Board. Vote Jerry A. Hagerman Yes Brenda Bowman Yes Marshall Ecker Yes Coy E. Harville Yes James H. Snead Yes Jessie L. Barksdale Yes Tim R. Barber No Mr. Barber stated that he felt the discussion in Closed Session deviated from the reason Closed Session was called. The Board returned to Open Session at 8:46pm. Motion was made by Mr. Snead, seconded by Barksdale, consider a Grade 20 Classification for the Director of Finances, on Step N, the County pay scale equaling that, from $64,494.99 to $82,123.00. The Board unanimously approved Ms. Snead's motion. Motion was made by Mr. Hagerman, seconded by Mr. Snead, to change the salary of Mr. Greg Sides, and also who is the Assistant County Administrator, from a Grade 17 N to a Grade 20 O, a pay scale from $64,494.99 to $82,123.00, and to finance these required increases, Mr. Hagerman further moved that the Board of Supervisors to eliminate the Department of Economic Development effective immediately. After discussion, Ms. Bowman made a substitute motion, seconded by Mr. Barksdale, that Mr. Hagerman's motion be split and that the Board should vote on them separately so that the Board would vote on one to approve Mr. Side's reclassification and one to eliminate the Department of Economic Development. There would be two votes. After discussion on the substitute motion, Mr. Barber called for the question to stop the debate, which was approved by a 5 -2 majority vote of the Board, with Ms. Bowman and Mr. Ecker in opposition. The Board then voted on Ms. Bowman's substitute motion to vote on the reclassification of the Assistant County Administrator for Planning and Development as one issue, and to vote separately on Mr. Hagerman's motion to immediately eliminate the Department of Economic Development. Ms. Bowman's substitute motion failed by a 4 -3 majority vote of the Board, with Mr. Hagerman, Mr. Snead, Mr. Harville and Mr. Barber in opposition of the substitute motion. Ms. Bowman then made a substitute motion to enter into Closed Session to discuss the matter, which was seconded by Mr. Barksdale. After discussion, Ms. Bowman amended her substitute motion to postpone the matter until Mr. Kenneth Bowman, Director of Economic Development, could be present during the discussions, which Mr. Barksdale seconded. Ms. Bowman's substitute motion failed by a 4 -3 majority vote of the Board, with Mr. Hagerman, Mr. Snead, Mr. Harville, and Mr. Barber opposing the substitute motion. The following Roll Call Vote was recorded the main motion made by Mr. Hagerman to reclassify the salary of Mr. Greg Sides, and also who is the Assistant County Administrator, from a P23 Regular Meeting March 4, 2013 Grade 17 N to a Grade 20 O, a pay scale from $64,494.99 to $82,123.00, and to finance these required increases, Mr. Hagerman further moved that the Board of Supervisors to eliminate the Department of Economic Development effective immediately: Mr. Barksdale -No; Mr. Hagerman- Yes; Ms. Bowman-No; Mr. Barber -Yes; Mr. Harville -Yes; Mr. Snead -Yes; and Mr. Ecker -No. Mr. Hagerman's motion passed by a 4 -3 majority vote of the Board, with Mr. Barksdale, Ms. Bowman and Mr. Ecker opposing. Adiournment Motion was made by Mr. Snead, seconded by Mr. Harville, to adjourn, which was unanimously approved by the Board. The meeting adjourned at 9:47pm. P24 Adjourned Meeting March 19, 2013 Pittsylvania County Board of Supervisors Tuesday, March 19, 2013 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, March 19, 2013 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Marshall A. Ecker, Chairman, called the meeting to order at 7:04 p.m. The following members were present: Marshall Ecker Coy E. Harville James Snead Jessie L. Barksdale Jerry A. Hagerman Brenda H. Bowman Tim Barber Staunton River District Westover District Dan River District Banister District Callands- Gretna District Chatham - Blairs District Tunstall District Mr. William D. Sleeper, County Administrator, Mr. Greg L. Sides, Assistant County Administrator, Mr. J. Vaden Hunt, County Attorney, Mr. Odic L. Shelton, Jr., Director of Code Compliance, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Ecker led the Pledge of Allegiance. A_ pproval of A¢enda Motion was made by Mr. Barber, seconded by Mr. Snead, to approve the agenda, with the following additions: (a) Change Order from Gamewood - Kimbanet — Tower Sites Change Order for the County's E -911 Radio System Upgrade (b) Request from Norfolk Southern Railway for use of the rail spur near the Ringgold East Industrial Park Mr. Barber's motion was unanimously approved by the Board. Hearing of the Citizens Mr. Eddie Hite of the Dan River District and representative of that district on the Industrial Development Authority (IDA) made a request to the Board of Supervisors for their consideration of funding for the IDA as they go through their budget process for the 2013/14 County Budget. Mr. Hite also updated the Board on the pad readiness at the Ringgold East Industrial Park. Mr. Matthew Speck, of the Staunton River District, offered word of prayer for the Board. Mr. Kenneth Bowman, of the Chatham Blairs District and former Director of Economic Development for Pittsylvania County, gave a finale update from the Economic Development Office. Mr. George Stanhope of the Callands- Gretna District, thanked the Finance Committee and Board of Supervisors for allowing citizen input during the 2013/14 budget process, and for using nearly every suggestion submitted by the citizens that participated in the meeting with County staff, and thanked everyone for how well those suggestions were received. Mr. Richard Shumate of the Westover District made comments voicing his concerns of the County's debts, and was opposed to any tax increase and any further development/spending at the Mega Park. Ms. Karen Maute of the Westover District asked the Board to continue improvements on open government concepts, and to consider avenues that would allow internet streaming of the P25 Adjourned Meeting March 19, 2013 County's Board meetings, and closed with concerns that this Board held an inordinate amount of Closed Session. Mr. George Stanhope of the Callands- Gretna District made comments supporting the closing of the Economic Development Office, and voiced concerns about an alleged severance package proposed for the former Economic Development Director, and that such a package was not given when the position of Director of Solid Waste was eliminated and Mr. Stanhope did nto want to see a precedence set by the Board on this matter of severance packages. This concluded the Hearing of the Citizens. Consent Agenda (a) "Read Across America" — Gretna Elementary School (b) Proclamation — American Red Cross Month (c) Resolution — Dan River Varsity Boys' Basketball Team (d) Proclamation — National County Government Month (e) Proclamation — National Animal Control Officer Appreciation Week (f) Proclamation— National Volunteer Week (g) Proclamation — National Public Safety Telecommunications Week (h) Regional One - April Motion was made by Mr. Snead, seconded by Mr. Hagerman, to approve the Consent Agenda as presented, which was unanimously approved by the Board. Mr. Ecker stated that the "Read Across America" event sponsored by Gretna Elementary School would take place on Thursday, March 21, 2013 at 6:OOpm, immediately following the Science Fair and encourage the Board members who could to attend. P26 Adjourned Meeting March 19, 2013 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMATION NATIONAL COUNTY GOVERNMENT MONTH "Smart Justice: Creating Safer Communities" APRIL 1013 VIRGINIA: AT THE ADJOURNED MEETING OF THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS IN THE GENERAL DISTRICT COURTROOM IN CHATHAM, VIRGINIA ON TUESDAY, MARCH 19, 2013, THE FOLLOWING PROCLAMATION WAS PRESENTED AND ADOPTED: Whereas, the nation's 3,068 counties provide a variety of essential public services to communities serving more than 300 million Americans; and Whereas, Pittsylvania County and all counties take pride in their responsibility to protect and enhance the health, welfare and safety of its residents in sensible and cost - effective ways, and Whereas, county governments are often the entity providing both direct and indirect services to enhance the lives of residents are and responsible for maintaining public safety and the efficient use of local tax dollars; and Whereas, 2,914 counties own a jail or participate in a regional jail and admit nearly 12 million people each year; and WHEREAS, National Association of Counties President Chris Rodgers is encouraging counties to promote effective community correction programs across the country through his 1012 -13 "Smart Justice" presidential initiative; and WHEREAS, each year since 1991 the National Association of Counties has encouraged counties across the country to actively promote their own programs and services to the public they serve; then Now, Therefore, Be It Hereby Resolved that the Pittsylvania County Board of Supervisors do hereby proclaim April 2013 as National County Government Month and encourage all county officials, employees, schools and residents to participate in county government celebration activities. Given under my hand this 1916 day of March, 2013. Marshall A. Ecker, Chairman Pitttssylvan�iaCounty Board oqf /S)upervii�sors William D. Sleeper, Clerks / Pittsylvania County Board of Supervisors P27 Adjourned Meeting March 19, 2013 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMATION NATIONAL ANIMAL CONTROL APPRECIATION WEEK April 7rh —April 130i' 2013 VIRGINIA: AT THE ADJOURNED MEETING OF THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS IN THE GENERAL DISTRICT COURTROOM IN CHATHAM, VIRGINIA ON TUESDAY, MARCH 19, 2013, THE FOLLOWING PROCLAMATION WAS PRESENTED AND ADOPTED: Whereas, the National Animal Control Association has designated the second week in April each year as Animal Control Appreciation Week; and Whereas, the various Federal, State, and Local Government Officials throughout the Country takes this time to recognize, thank; and commend all Animal Control Officers for the dedicated service they provide to the Citizens, various Public Safety, Public Service Agencies and Departments throughout the Country; and Whereas, the Pittsylvania County Board of Supervisors would like to express its sincere thanks and appreciation for the outstanding service the Pittsylvania County Animal Control Department who risk their lives and spend huge amounts of personnel resources including time away from family and friends while serving the public like all other public safety and law enforcement agencies involved and empowered with the same duties; and Whereas, the Pittsylvania County Board of Supervisors recognizes and commends the Animal Control Officers for the many dedicated and long hours of service they perform in serving this community, and for fulfilling their commitment to providing the highest and most efficient level ofservice; and WHEREAS, the Pittsylvania County Board of Supervisors wishes to commend each and every Animal Control Officer for their service, which is in keeping with the long and distinguished tradition of the Animal Control Profession; and Now, Therefore, Be It Hereby Resolved, by the Pittsylvania County Board of Supervisors officially recognize and proclaim the week of April 7rh through 13`h, 2013 as National Animal Control Appreciation Week and respectfully asks all Citizens, Public Safety, Health, and Public Service Personnel alike to join in expressing their sincere thanks, gratitude and appreciation for the many long hours of outstanding service and quality performance these outstanding individuals provide throughout the year to assure the safety and welfare of all. P28 Adjourned Meeting March 19, 2013 PITTSYLVANL4 COUNTYBOARD OFSUPERVISORS PROCLAMATION NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK April 14'* — 2dh, 2013 WHEREAS, the Public Safety Dispatchers of the Pittsylvania County Emergency Communications Center, who processed 30, 315 emergency telephone calls in 2011, are the first and most critical contact that our citizens have with Piusylvania County's emergency services; and WHEREAS, these dispatchers are the vital link to those calling for help and to police officers, firefighters, and paramedics; and WHEREAS, dispatchers monitor emergency personnel's activities by radio and telephone, and provide them with life saving information to ensure their safety; and WHEREAS, the safety of our police officers, firefighters, and paramedics is dependent upon the quality and accuracy of information obtained by all Emergency Communications Technicians from the citizens who telephone the Pittsylvania County Emergency Communications Center; and WHEREAS, the Public Safety Dispatchers of the Pittsylvania County Emergency Communications Center have contributed significantly to the apprehension of criminals, suppression of fire and the treatment of patients in life threatening situations; and WHEREAS, each dispatcher, the unseen individual providing a calm voice when emergencies arise, has exhibited compassion, empathy, and professionalism, keeping our county and citizens safe; WHEREAS, these individuals save countless lives by responding to emergency calls, dispatching emergency personnel and equipment and providing moral support to citizens in distress; and WHEREAS, each dispatcher has exhibited compassion, understanding and professionalism during the performance of their job in the past year; then THEREFORE, BE IT HEREBY PROCLAIMED that the Pittsylvania County Board of Supervisors proclaims the week of April 14' through 20', 2013 to be National Telecommunications Week in Pittsylvania County, Virginia, in honor of the men and women whose diligence and professionalism keep our County and citizens safe. P29 Adjourned Meeting March 19, 2013 PITTSYLVANIA COUNTYBOARD OFSUPERVISORS PROCLAMATION NATIONAL VOLUNTEER WEEK Apri121 -27, 2013 "Celebrating People in Action" Whereas, the entire community can inspire, equip and mobilize people to take action that changes the world, and Whereas, volunteers can connect with local community service opportunities through hundreds of community service organizations and volunteer centers; and Whereas, individuals and communities are at the center of social change, discovering their power to make a difference; and Whereas, during this week all over the nation, service projects will be performed and volunteers recognized for the commitment to service; and Whereas, the giving of oneself in service to another empowers the giver and the recipient; and Whereas, experience teaches us that government by itself cannot solve all of our nation's social problems; and Whereas, our country's volunteer force of over 63 million is a great treasure; and Whereas, volunteers are vital to our future as a caring and productive nation; then Now, Therefore, Be It Resolved, that the Pittsylvania County Board of Supervisors proclaims the week of April 21" — 27o', 2013 to be National Volunteer Week in Pittsylvania County, Virginia, in honor ofthe citizens who dedicate themselves to taking action and solving problems in the communities within Pittsylvania County. Public Hearinas Rezoning Cases Case 1: Transcontinental Gas Pipe Line — Banister District; R -13 -013 Mr. Ecker opened the public hearing at 7:22pm. Mr. Shelton explained that Transcontinental Gas Pipe Line has petitioned to rezone 29.292 acres (part of 249.95 acres) located off ST 692/Transco Road, in the Banister Election District from A -1, Agricultural District, to M -1, Industrial District, Light Industry (to combine with the adjoining parcel of land zoned M -1 for future construction of a new compressor station). The Planning Commission, with no opposition, recommended granting the petitioner's request with the provision that Mr. Sides communicated with Mr. Sleeper regarding fire protection and makes this information available to the Board of Supervisors. Mr. David Clossin with Williams Gas Pipelines- Transco was present to represent the petition. Mr. Mark Gauldin, an engineer for Williams Gas Pipelines - Transco was also represent and answered the Boards' questions concerning fire P30 Adjourned Meeting March 19, 2013 prevention, along with when and how inspections to the pipeline were conducted No one signed up to speak and Mr. Ecker closed the public hearing at 7:28pm. Motion was made by Mr. Barksdale, seconded by Mr. Snead, to approve rezoning Case R -13 -013 from A -1 to M -1 and the following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Snead -Yes; Mr. Barksdale -Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Barber -Yes; and Mr. Ecker -Yes. Mr. Barksdale's motion to rezone Case R -13 -013 from A -1 to M -1 was unanimously approved by the Board. Case 2: Randy Ray Barber — Dan River District; R -13 -014 Mr. Ecker opened the public hearing at 7:29pm. Mr. Shelton explained that Randy Barker had petitioned to rezone 0.35 acre, located on SR 726/Ringgold Church Road, in the Dan River Election District from R -1, Residential Suburban Subdivision District to A -1, Agricultural District (to combine with the adjacent parcel of land zoned A -1). The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. Randy R. Barber was present to represent the petition and no one signed up to speak. Mr. Ecker closed the hearing at 7:30pm. Motion was made by Mr. Snead, seconded by Mr. Harville, to approve rezoning Case R -13 -014 from R -1 to A -1 and the following Roll Call Vote was recorded: Mr. Snead -Yes; Mr. Barksdale -Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Barber -Yes; Mr. Harville -Yes; and Mr. Ecker -Yes. Mr. Snead's motion to rezone Case R -13 -014 from R -1 to A -1 was unanimously approved by the Board. Case 3: A &N Ventures, LLC — Chatham - Blairs District; R -13 -015 Mr. Ecker opened the public hearing at 7:31pm. Mr. Shelton explained that A &N Ventures, LLC, had petitioned to rezone 1.25 acres, located on U.S. Highway 41 /Franklin Turnpike in the Chatham - Blairs Election District from R -1, Residential Suburban Subdivision to B -2. Business District, General (to combine with the adjacent parcel of land zoned B -2). The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. Mark Johnson with LE &D was present to represent the petition and no one signed up to speak. Mr. Ecker closed the public hearing at 7:33pm. Motion was made by Ms. Bowman, seconded by Mr. Barber, to approve rezoning Case R -13 -015 from R -1 to B -2 and the following Roll Call Vote was recorded: Mr. Barksdale -Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Barber - Yes; Mr. Harville -Yes; Mr. Snead -Yes; and Mr. Ecker -Yes. Mr. Bowman's motion to rezone Case R -13 -015 from R -1 to A -1 was unanimously approved by the Board. Case 4: Raymond Addison Blair — Callands- Gretna District; R -13 -016 Mr. Ecker opened the public hearing at 7:36pm. Mr. Shelton explained that R. Addison Blair had petitioned to rezone 7.516 acres (part of 116.82 acres), located on RT 40/West Gretna Road and SR 789/Valley Road, in the Callands- Gretna Election District from A -1, Agricultural District to B -2, Business District, General (for an office). The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. R. Addison Blair was present to represent the petition and no one signed up to speak. Mr. Ecker closed the public hearing at 7:37pm. Motion was made by Mr. Hagerman, seconded by Mr. Snead. Mr. Harville stated that although he would support Mr. Hagerman's motion, this could be representative of spot zoning. The following Roll Call Vote was recorded: Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Barber - Yes; Mr. Harville -Yes; Mr. Snead -Yes; Mr. Barksdale -Yes; and Mr. Ecker -Yes. Mr. Hagerman's motion to rezone Case R -13 -016 from R -1 to B -2 was unanimously approved by the Board. This concluded the Rezoning Cases P31 Adjourned Meeting March 19, 2013 Public Hearing to receive citizen input on proposed amendments to Pittsylvania County Code, Chapter 22, Compensation -Board of Supervisors, Section 22.1(c)(1), Annual Salary. The proposed amendment would modify the Board of Supervisors' Travel Expense Policy to comply with new changes in the Internal Revenue Service (IRS) laws and County Polices & Procedures. Mr. Ecker opened the public hearing at 7:40pm. Mr. Sleeper stated that since it was developed in July 1986, Chapter 22- Compensation, of the Pittsylvania County Code had not been modified or brought up to date to meet new changes in Internal Revenue lase and the County's Policies and Procedures. The amendment would bring reimbursement and travel substance into accordance with the County's current policies and procedures. The proposed amendment would strike and insert the following line for Section 22.1(c)(1), Annual Salary: "I. Members of the Board of Supervisors may be reimbursed for travel and subsistence expenses ' in accordance with the County's updated Policies and Procedures. " No one signed up to speak and Mr. Ecker closed the hearing at 7:40pm. Motion was made by Mr. Snead, seconded by Mr. Hagerman, to approve the proposed amendment to Section 22.1(c)(1) of the Pittsylvania County Code as presented and the following Roll Call Vote was recorded: Ms. Bowman-Yes; Mr. Barber -Yes; Mr. Harville -Yes; Mr. Snead -Yes; Mr. Barksdale -Yes; Mr. Hagerman-Yes; and Mr. Ecker -Yes. Mr. Snead's motion was unanimously approved by the Board. Public Hearing to receive citizen input on proposed amendments to Pittsylvania County Code, Chapter 17, Article III, Solid Waste Disposal Fee. The proposed amendments would alter language in Section 17- 15,17 -17, and 17 -19 of Chapter 17. Mr. Ecker opened the public hearing at 7:42pm. Mr. Sleeper explained that the proposed changes to Sections 17 -15, 17 -17, and 17 -10 of Chapter 17 -Solid Waste, of the Pittsylvania County Code was to clarify dates necessary for receipt of disposal fee invoices and corrections concerning the terms rental and non - rental property as follows: P32 Adjourned Meeting March 19, 2013 SEC. 17 -15. DUE DATE FOR SOLID WASTE DISPOSAL FEE Unless collected by a public service corporation pursuant to Section 17 -14 supra, an invoice for said fee shall be included in the semi - annual real estate tax assessment mailings. Payment of said fee shall be made to the Pittsylvania County Treasurer's Office. Households assessed the Solid Waste Disposal Fee shall have the option of paying said fee annually or semi - annually. If collected by the County, the Solid Waste Disposal Fee shall be due and owing each year, no later than the fifth (5`h) day of June and the fifth (5`h) day of December of each year. Therefore, since the effective date of the County's Solid Waste Disposal Fee is July 1, 2012, the due date of the first payment of said fee shall be December 5, 2012, and payment thereafter shall be due on the aforementioned dates for each year thereafter. Said f ��a 'F�� SEC. 17 -16. APPLICATION OF SOLID WASTE DISPOSAL FEE TO TOWNS IN COUNTY. Households located in the Towns of Hurt, Gretna, and Chatham shall also be assessed the Solid Waste Disposal Fee in accordance with the provisions of this Article. SEC. 17 -17. LATE PAYMENT PROVISIONS• LIEN. A. If payment of the fee is not made, then a notice of delinquency will be mailed to each property owner(s) not having paid the fee, advising that collection proceedings will begin in thirty (30) days. Supplemental assessments may be issued after the due dates and such assessments will be due thirty (30) days after mailing. B. Any person, owner, or household who fails to make payment of such fee or fails to make payment of such fee by the dates detailed in Sections 17 -15 herein n a timely eF shall be required to pay penalty on said fee as set forth in § 58.1 -3916 of the Code of Virginia, 1950, as amended. C. Any person, owner, or household who fails to make payment of such fee or fails to make payment of such fee by the dates detailed in Section 17 -15 herein in a timely ;,ar shall be required to pay interest on said unpaid fee as set forth in § 58.1 -3916 of the Code of Virginia, 1950, as amended. D. Any payment of the Solid Waste Disposal Fee shall be credited first against the most delinquent Solid Waste Disposal Fee account due and owing. E. Payment of all due and owing Solid Waste fees, penalties, and accrued interest shall be required prior to approval of an application for rezoning, special exception, variance, or other land use permit. P33 Adjourned Meeting March 19, 2013 F. Failure to pay the Solid Waste Disposal Fee can result, after due process, in the placement of a lien on the property in question in favor of the County. SEC. 17 -18. PARTIAL EXEMPTION FOR QUALIFIED ELDERLY OR DISABLED PERSONS. As authorized by Section 15.2- 2159(D)(6) of the Code of Virginia, 1950, as amended, there is a partial exemption of fifty percent (50 1/o) from this Solid Waste Disposal Fee for households of the elderly and/or disabled who qualify for such exemptions. Said exemption shall be governed by the conditions and income criteria as set forth in Section 6 -6 of the Pittsylvania County Code, as amended. Any and all information of or related to income or disability, and verification of same, shall be provided upon application for said exemption in accordance with the policy and procedures set forth by the Pittsylvania County Board of Supervisors and/or the Pittsylvania County Commission of the Revenue's Office. SEC. 17 -19. APPLICATION OF SOLID WASTE DISPOSAL FEE TO RENTAL AND NON - RENTAL PROPERTY: AFFIDAVIT OF VACANCY. The owner(s) of record of any house, apartment, rental residential unit, rental house, multiple residential units, trailer camp, or trailer court, shall be responsible for payment of the Solid Waste Disposal Fee. Initially, a Solid Waste Disposal Fee shall be assessed, individually, to /for each rental unit. However, a Solid Waste Disposal Fee shall not be due and owing for /on any vacant - rental unit. It shall be the responsibility of the owner(s) of record or operators of said rental property to notify the Pittsylvania County Commissioner of Revenue's Office of any vacancies in rental units no later than the fifth (5'h) day of June and the fifth Wh) day of December of each year. ee /ass°° °M°n`. Following said notification, the burden of proof shall be on the owner(s) or operators of the rental property to demonstrate and prove to the reasonable satisfaction of the Commissioner of Revenue's Office the vacancies of/in any rental unit(s). The Solid Waste Disposal Fee shall be prorated accordingly for any vacancies in- rental property proven to the reasonable satisfaction of the Commissioner of the Revenue's Office. Payment for said proration/reimbursement shall be made by the Pittsylvania County Treasurer's Office, after submission of an exoneration report and appropriate documentation by the Commissioner of Revenue's Office. Finally, said notice of vacancies shall be evidenced by a signed and sworn to Affidavit of Vacancy. The Affidavit of Vacancy form shall be provided by the Pittsylvania County Commissioner of Revenue's Office. Any misstatement, falsehood, or misrepresentation on the Affidavit of Vacancy shall be deemed fraud, prosecuted by the appropriate County entity to the fullest extent of the law, and may subject the Affiant(s) to criminal/civil penalties, fines, and incarceration. For all rental and non -rental property, said fee shall be pro -rated if verification of residency, via a notarized affidavit of vacancy filed with the Commissioner of Revenue's Office, is less than twelve (12) months. The following persons signed up to speak: Wayne Robertson of the Chatham - Blairs District and owner of rental properties asked that the Board of Supervisors find a different way of collected the Solid Waste Fee from renters other than having the property owners collect it for them. P34 Adjourned Meeting March 19, 2013 Mr. Richard Shumate of the Westover District made comments opposing the Solid Waste Fee. No one else signed up to speak and Mr. Ecker closed the hearing at 7:47pm. Motion was made by Mr. Barksdale, seconded by Mr. Snead, to approve the amendments to Sections 17 -15, 17 -17, and 17 -19 of the Pittsylvania County Code as presented. The following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Harville -Yes; Mr. Snead -Yes; Mr. Barksdale -Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; and Mr. Ecker -Yes. Mr. Barksdale's motion was unanimously approved by the Board. This concluded the Public Hearings. Presentations Resolution 2013 -03 -02 was presented to the Dan River High School Boys' Basketball Team as follows: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2013 -03 -02 VIRGINIA: At the adjourned meeting of the Pittsylvania County Board of Supervisors held on Tuesday, March 19, 2013, the following resolution was presented and adopted congratulating the Dan River Wildcats Boys Varsity Basketball Team on their successful 2013 Season, and their capture the Dogwood District Title and Region B Title: WHEREAS, the 2013 Dan River Wildcats Boys Varsity Basketball Team had a winning season; and WHEREAS, the Dan River Wildcats Boys Varsity Basketball Team, on completion of their regular season, earned the Dogwood District regular season title for the third consecutive year and fourth title of the last 5 years; and WHEREAS, the Dan River Wildcats Boys Varsity Basketball Team went on to capture their third Dogwood District tournament title in four years, retaining the title for two consecutive years and continued their winning season by acquiring their second Region B title, this being the last year that the Dogwood District Tournament and Region B will exist; and WHEREAS, the Dan River Wildcats Boys Varsity Basketball Team exhibited exemplary sportsmanship and talent as they defeated their opponents in the Dogwood District and in the Region B tournament games; and WHEREAS, Coach Kenny Murphy was named Dogwood District Coach of the Year; Senior Tyqonne "Cinco" Adams named I' Team All District and 2nd Team All Region; and Senior Bayshawn Jones named I" Team All District and Honorable Mention All Region; and WHEREAS, the Dan River Wildcats Boys Varsity Basketball Team has performed admirably throughout their winning season of 2013, making State Tournament appearances consecutively for the last 5 years, bringing recognition not only to themselves but to their school, their County, and its citizens; then BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors, on the behalf of all the citizens of Pittsylvania County, express their sincere appreciation, admiration and congratulations to the 2013 Dan River Wildcats Boys Varsity Basketball Team for their winning season and bringing both the Dogwood District and the Region B Titles to Pittsylvania County; and BE IT FURTHER RESOLVED that a copy of this Resolution be presented to the Coach and the Members of the 2013 Dan River Wildcats Boys Varsity Basketball Team. P35 Adjourned Meeting March 19, 2013 The following proclamation was presented to Ralph Lawson, Community Chapter Executive Director for the Piedmont Virginia Chapter of the American Red Cross in honor of Red Cross Month: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMATION AMERICAN RED CROSS MONTH MARCH 2013 VIRGINIA: AT THE ADJOURNED MEETING OF THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS IN THE GENERAL DISTRICT COURTROOM IN CHATHAM, VIRGINIA ON TUESDAY, MARCH 19, 2013, THE FOLLOWING PROCLAMATION WAS PRESENTED AND ADOPTED: Whereas, the American Red Cross has touched many lived in our area as well as across the country and around the world; and Whereas, during American Red Cross Month, we thank those who contribute to the mission of the Red Cross, whether through time, money or blood, and we invite others to support the Red Cross in helping people in need down the street, across the country and around the world; and Whereas, the American Red Cross is synonymous with helping people, and has been doing so for more than 130 years. Throughout the past year, the American Red Cross launched hundreds of disaster relief operations in the United States to help people affected by fires, Moods, hurricanes and tornadoes; and Whereas, the Piedmont Virginia Chapter was chartered 97 years ago August 22, 1917 and now includes: Pittsylvania County, City of Danville, Henry County, City of Martinsville, and Patrick County; and the Red Cross works tirelessly through its two employees and over 100 volunteers to support us when disaster strikes, when someone needs live- saving blood, or the comfort of a helping hand. It provides 24 -hour support to members of the military, veterans and their families, and provides training in First Aid, CPR, Aquatics Safety, AED, Pet First Aid, and Babysitting; and WHEREAS, for nearly 100 years, United States presidents have on the American people to support the Red Cross and its humanitarian mission. Our community depends on the American Red Cross and because it is not a government agency, the Red Cross depends on support from the public to continue its humanitarian work This is especially important in these challenging economic times -which impact the Red Cross and many people in our community and across the nation; then Now, Therefore, Be It Hereby Resolved that the Pittsylvania County Board of Supervisors officially recognizes and proclaim March 2013 as American Red Cross Month and encourage all citizens to support this organization and its noble humanitarian mission. Unfinished Business At their March 4, 2013 meeting of the Board of Supervisors, a motion was made by Mr. Harville, seconded by Mr. Snead, for the reappropriation of funds as follows: $199.67 to Clerk of Court- Copier Lease (100 -4- 021600 - 60051), $500.00 to Sheriff -DARE Supplies (100 -4- P36 Adjourned Meeting March 19, 2013 031200- 6002), $655.54 to Sheriff -Petty Cash (100 -4- 031200 - 6028), $60.00 to Sheriff -Parts (100 -4- 031200- 6030), $359.10 to Sheriff -Canine (100 -4- 031200- 6045), $4.00 to Volunteer Fire Department (VFD)- United Way Contributions (100 -4- 032200 - 5567), $778.17 to Jail- Extradition (100 -4- 033100 - 5550), $15,512.99 to WIA -Rent (251 -4- 353160 - 5420), $5,441.00 to Solid Waste Collections- Maintenance (520 -4- 042300 - 3310), which required a 10 -Day Layover that had now been met. The following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Snead -Yes; Mr. Barksdale -Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Barber -Yes; and Mr. Ecker -Yes. Mr. Harville's motion was unanimously approved by the Board. New Business The Finance Committee, which met at 4:OOpm March 19, 2013, made the following recommendation to the full Board of Supervisors: To advertise three separate public hearings to be held at the Pittsylvania County Schools' Cultural Center at 7:OOpm on Monday, April 8, 2013, for (1) the 2013/14 proposed Pittsylvania County School budget totaling $89,773,058; (2) the 2013/14 proposed Pittsylvania County budget totaling $183,481,634; and (3) the proposed School Safety Initiative totaling $1,785,000, with a 3¢ tax increase for the school and county budgets that does not include an additional 5¢ tax increase to fund the School Safety Initiative. The Finance Committee's recommendation passed by a 4 -3 majority vote of the Board, with Mr. Harville, Ms. Bowman, and Mr. Barber opposing. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve Change Order #1, for the Orphanage Road/Jefferson Road Waterline Project, from Warrco, Inc in the amount of $10,344.20 to make two short extensions to reach customers on Walnut Creek Road, noting the funds are available for this change, and to authorize the County Administrator to sign all necessary documentation, which was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Barksdale, to approve a Change Order totaling $20,448 submitted from Harris Radio Corp. due to a possible required relocation of microwave antenna equipment of a tower that will require two microwave path walks to be performed, noting that funds are available to cover this change. Mr. Snead's motion was unanimously approved by the Board. Motion was made by Mr. Barber, seconded by Mr. Harville, to approve the Line of Duty Act (LODA)Trust in order to join the VACORP LODA Trust which was unanimously approved by the Board. P37 Adjourned Meeting March 19, 2013 VACORP LODA TRUST The undersigned Counties, Cities, Towns, and Regional Jails of the Commonwealth of Virginia ( "Grantors ") being authorized and directed to so, do make this trust agreement dated June 29, 2012 with VACORP, a local government risk sharing pool, which is an instrument of the government of the Commonwealth of Virginia, as Trustee ( "the Trustee "). The Trustee and any successor Trustees are all referred to herein as "the Trustee." The name of this trust agreement is the "VACORP LODA TRUST dated June 29, 2012" ( "Trust') and is effective July 1, 2012. ARTICLE 1 TRUST PROVISIONS A. Transfer of Assets and Liabilities. Contemporaneously with the execution of this trust, Grantors (hereinafter "Members ") do transfer to the Trustee of the Trust all liabilities appertaining to any claim which they may have prior to June 30, 2012 under the Line of Duty Act pursuant to §9.1 -400 et seq. of the 1950 Code of Virginia, as amended ( "Act ") and do promise to timely pay for said liabilities. B. Line of Duty Act Trust Fund By entering into this Trust, each Member Acknowledges that they have opted out of the Commonwealth of Virginia Line of Duty Act Trust Fund. C. Eligibilitv of Members Each member shall purchase liability insurance from Trustee covering claims under the Act. Likewise each member shall timely pay to P38 Adjourned Meeting March 19, 2013 the Trustee all premiums for said insurance and monies for claims prior to June 30, 2012. In the event a Member purchases insurance from other than the Trustee, the Trustee and this Trust shall have no liability or obligation to such Member. D. Administration of Claims. During the existence of this Trust, the Trustee shall administer all pre -June 30, 2012 claims of its members under this Trust, shall provide the administration of all claims and shall provide insurance to insure against claims under the Act to all Members after July 1, 2012. E. Insurance & Payments by Members Each Member is obligated to purchase liability insurance for claims under the Act from the Trustee and pay the Trustee those payments for insurance and claims as provided for under the Act, which Payments must be timely made. If a payment is overdue by thirty (30) days, or if an insurance premium payment is not made within thirty (30) days of the invoice date, then the Trustee shall not provide claims administration, insurance or payment to claimants, until payments are brought current and all insurance coverage is purchased from the Trustee. ARTICLE II TRUSTEE PROVISIONS A. Trustee's Management Powers, The Trustee shall have the powers granted by law and the powers in Sections 64.2 -105, 64.2 -777 and 64.2 -778 of the 1950 P39 Adjourned Meeting March 19, 2013 Code of Virginia, as amended, as in effect on the date of the signing of this agreement. These sections are incorporated in this agreement by this reference. B. Trustee's Compensation The Trustee, or any successor Trustee, shall receive compensation for services rendered. The corporate Trustee, or any successor corporate Trustee, shall receive compensation for services rendered according to their list of fees published from time to time. C. Resienation of Trustee The Trustee may resign as Trustee by notice to the Members. The resignation shall take effect upon the effective appointment of a successor Trustee. D. Successor Trustee. The Trustee shall have the right to designate a successor Trustee who shall be any natural person or corporation having trust powers, which shall be effective upon the resignation or termination of corporate existence of the Trustee. Such designation shall be made while such Trustee is serving as Trustee by an instrument executed by the Trustee during and by the successor Trustee. In the event that the Trustee does not appoint a successor Trustee or a successor Trustee does not appoint its successor Trustee, which it shall have the privilege to do hereunder, the Members shall have the right to appoint a Trustee. E. Actions of Prior Trustee No Trustee serving under this agreement shall be responsible for or required to inquire into any acts or omissions of a prior Trustee. P40 Adjourned Meeting March 19, 2013 ARTICLE III RIGHTS RESERVED BY MEMBERS A. Revocation and Amendment Members reserve the right to opt out of this Trust by a writing signed by the Member and delivered to the Trustee. All obligations of Member to the Trust shall be paid by Member prior to opting out. Any amendment that changes the duties or compensation of the Trustee shall require the consent of the Trustee. B. New Members. Members agree that new members as defined by the Act may become Members if the Trustee accepts them. ARTICLE IV MISCELLANEOUS PROVISIONS A. Protection from Claims To the extent permitted by law, the principal and income of any trust shall not be liable for the debts of any beneficiary or subject to alienation or anticipation by a beneficiary, except as otherwise provided. B. Governing Law This agreement shall be governed by the laws of Virginia. C. Signatures. This trust may be executed in counterparts and electronically. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve and appropriate an additional $16.18 to the Veterinary Expense Fund from the Animal Friendly Revenue received from the Commonwealth of Virginia and the following Roll Call Vote was recorded: Mr. Barksdale -Yes; Mr. Hagerman-Yes; Ms. Bowman -Yes; Mr. Barber -Yes; Mr. Harville -Yes; Mr. Snead; and Mr. Ecker -Yes. Mr. Harville's motion was unanimously approved by the Board. Motion was made by Mr. Barber, seconded by Mr. Barksdale, to (1) award a contract to repair the 973 loader motor located at the Pittsylvania County Landfill to J.B. Heavy Equipment Repair, Inc. in the amount of $18,600.00, and (2) appropriate from unappropriated surplus $18,600.00 to pay for this repair. Mr. Barber's motion required a 10 -Day Layover. P41 Adjourned Meeting March 19, 2013 Motion was made by Mr. Harville, seconded by Ms. Bowman, to authorize the submittal of a Resolution of Support, 2013- 03 -03, to a Tobacco Commission application from Pittsylvania County for the Pittsylvania County Career and Technical Center's Precision Machining Technology Program, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR THE FY 2014 TOBACCO COMMISSION SOUTHSIDE ECONOMIC DEVELOPMENT GRANT PROGRAM 2013 -03 -03 WHEREAS, Pittsylvania County has been impacted by the decline of the tobacco industry causing a negative impact on economic development and growth throughout the County, and WHEREAS, the Tobacco Indemnification and Community Revitalization Commission has developed a Southside Economic Development Grant Program to help tobacco related localities to change and revitalize their economy, and WHEREAS, grants from the Tobacco Indemnification and Community Revitalization Commission will assist Pittsylvania County in transforming its economy to replace the decline in the tobacco agro- business community, then BE IT HEREBY RESOLVED, that the Board of Supervisors of Pittsylvania County authorizes the submission of a grant application to the FY2014 Southside Economic Development Grant Program for the Pittsylvania County Career & Technical Center Precision Machining Technology Program and authorizes the County Administrator to file this application and all necessary correspondence relating to the Tobacco Indemnification and Community Revitalization Commission required by this grant and to be responsible for the accuracy of the application and for the appropriate use of funds, should they be granted. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve the extension and amendment to the July 1, 2009 contract between Pittsylvania County and Appalachian Power Company, working through the Virginia Association of Counties (VACo) and the Virginia Municipal League (VML) that establishes special rates for local governments, and to authorize the County Administrator to sign all necessary documentation, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Hagerman, to approve a Revenue Sharing Project with the Virginia Department of Transportation (VDOT) in which asks VDOT to assume the management of the Mega Park Revenue Sharing Project that was currently set for Pittsylvania County to manage that involved condemnation issues involved in projects such as the Berry Hill Road Connector, noting the funds for this design work is provided by the Tobacco Commission, and to authorize the County Administrator to sign and send a letter to VDOT authorizing the Mega Park Revenue Sharing Project Connector Road to VDOT, which was unanimously approved by the Board. P42 Adjourned Meeting March 19, 2013 Motion was made by Mr. Harville, seconded by Mr. Barksdale, to approve the appropriation of $7,000.00 to the Historic Resources — Tobacco Barn Grant (250- 4- 094215- 3163), and the following Roll Call Vote was recorded: Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Barber -Yes; Mr. Harville -Yes; Mr. Snead -Yes; Mr. Barksdale -Yes; and Mr. Ecker -Yes. Mr. Harville's motion was unanimously approved by the Board. Motion was made by Mr. Barksdale, seconded by Mr. Snead, to rescind the Board approved motion from March 4, 2013 that appointed Mr. Barksdale to spearhead a committee to audit the Pittsylvania County Job Classification/Pay Scale because Mr. Barksdale did not feel it was appropriate for a member of the goverment body to audit the personnel plan of the County employees, which was unanimously approved by the Board. Items Added Motion was made by Mr. Snead, seconded by Mr. Barber, to approve and allow Norfolk Southern Railway to park the gangrail cars Monday — Thursday, starting this weekend through May 15, 2013 at the railspur at the Ringgold East Industrial Park and in lieu of rent, Norfolk Southern Railway will make $15,000 of improvements to the rail spur, which was unanimously approved by the Baord. Motion was made by Mr. Snead, seconded by Mr. Harville, to approve Change Order #5 from Gamewood - Kimbanet Technology in the amount of $10,782 to all the installation of fiber optic cabling to the new White Oak Tower E -911 site, and authorize the County Administrator to sign all necessary documentation, noting funds are available for this change order. The Board unanimously approved Mr. Snead's motion. Board Announcements Mr. Barksdale stated there would be a Property /Buildings Committee meeting held on March 26, 2013 at 4:30pm. Ms. Bowman stated there would be a Capital Improvements Subcommitee meeting held on March 26, 2013 at 3:30pm. Mr. Harville stated there would be a Metropolitan Planning Organization meeting at the Danville Airport on March 20, 2013 at 6:OOpm. Closed Session Motion was made by Mr. Snead, seconded by Mr. Harville to go into Closed Session for the following reasons: 1. 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. Authority: 2.2- 3711(A)(5) of the Code of Virginia, 1950, as amended Subject Matter: Project Tire Purpose: Discussion of potential incentive package 2. Discussion, consideration, or promotions, demotions, salaries of specific employees or employees of any public body where such evaluation will necessarily involve discussion of performance of specific individuals. Authority: 2.2- 3711(A)(1) of the Code of Virginia, 1950, as amended Subject Matter: Economic Development Purpose: Severance Package P43 Adjourned Meeting March 19, 2013 Ms. Bowman stated that because the Severance Package in question was for her husband, Kenneth Bowman, and thus presented a Conflict of Interest, she was recusing herself from both attending that portion of the Closed Session, and voting on that portion of the Closed Session. Mr. Snead's motion was unanimously approved by the Board and the Board entered into Closed Session at 8:36pm. Motion was made by Mr. Harville, seconded by Mr. Barber, to re -enter into Open Session. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the Adjourned Meeting of the Pittsylvania County Board of Supervisors on Tuesday, March 19, 2013 the Board hereby certifies by a recorded vote that to the best of each board member's knowledge only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the motion authorizing the closed meeting were heard, discussed or considered in the closed meeting. If any member believes that there was a departure from the requirements of the Code, he shall so state prior to the vote indicating the substance of the departure. The statement shall be recorded in the minutes of the Board. The Board returned to Open Session at 9:43pm. Motion was made by Mr. Snead, seconded by Mr. Barber, to approve Resolution 2013- 03-04 and authorized the submission of a grant application to the FY2014 Southside Economic Development Grant Program for Project Tire, and authorized the County Administrator to file this application and all necessary correspondence relating to the Tobacco Indemnification and Community Revitalization Commission required by this grant, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR THE FY 2014 TOBACCO COMMISSION SOUTHSIDE ECONOMIC DEVELOPMENT GRANT PROGRAM 2013 -03 -04 WHEREAS, Pittsylvania County has been impacted by the decline of the tobacco industry causing a negative impact on economic development and growth throughout the County, and P44 Vote Jerry A. Hagerman Yes Brenda Bowman Yes Marshall Ecker Yes Coy E. Harville Yes James H. Snead Yes Jessie L. Barksdale Yes Tim R. Barber Yes The Board returned to Open Session at 9:43pm. Motion was made by Mr. Snead, seconded by Mr. Barber, to approve Resolution 2013- 03-04 and authorized the submission of a grant application to the FY2014 Southside Economic Development Grant Program for Project Tire, and authorized the County Administrator to file this application and all necessary correspondence relating to the Tobacco Indemnification and Community Revitalization Commission required by this grant, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR THE FY 2014 TOBACCO COMMISSION SOUTHSIDE ECONOMIC DEVELOPMENT GRANT PROGRAM 2013 -03 -04 WHEREAS, Pittsylvania County has been impacted by the decline of the tobacco industry causing a negative impact on economic development and growth throughout the County, and P44 Adjourned Meeting March 19, 2013 WHEREAS, the Tobacco Indemnification and Community Revitalization Commission has developed a Southside Economic Development Grant Program to help tobacco related localities to change and revitalize their economy, and WHEREAS, grants from the Tobacco Indemnification and Community Revitalization Commission will assist Pittsylvania County in transforming its economy to replace the decline in the tobacco agro- business community, then BE IT HEREBY RESOLVED, that the Board of Supervisors of Pittsylvania County authorizes the submission of a grant application to the FY2014 Southside Economic Development Grant Program for Project Tire and authorizes the County Administrator to file this application and all necessary correspondence relating to the Tobacco Indemnification and Community Revitalization Commission required by this grant and to be responsible for the accuracy of the application and for the appropriate use of funds, should they be granted. Adjournment Motion was made by Mr. Snead, seconded by Mr. Barksdale, to adjourn, which was unanimously approved by the Board. The meeting adjourned at 9:45pm. P45 March 14, 2013 Special Call Meeting Pittsylvania County Board of Supervisors Thursday, March 14, 2013 Special Call Meeting VIRGINIA: The Special Call Meeting of the Pittsylvania County Board of Supervisors was held on Thursday, March 14, 2013 in the Main Conference Room of the Captain Martin Building located at 1 Center Street in Chatham, Virginia. Marshall A. Ecker, Chairman, called the meeting to order at 4:00 p.m. The following members were present: Marshall Ecker Staunton River District Brenda H. Bowman Chatham - Blairs District James Snead Dan River District Jessie L. Barksdale Banister District Jerry A. Hagerman Callands- Gretna District Tim Barber Tunstall District Coy E. Harville Westover District Mr. William D. Sleeper, County Administrator, Mr. J. Vaden Hunt, County Attorney, and Ms. Kathy W. Parrish, Administrative Assistant, were also present. Mr. Harville led the Pledge of Allegiance. Motion was made by Mr. Harville, seconded by Mr. Snead, to enter into Closed Session for the following purpose: Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body; and evaluation of performance of departments where such evaluation will necessarily involve discussion of the performance of specific individuals. Authority: §2.2- 3711(A)(1) of the Code of Virginia, 1950, as amended Subject: County Administrator Purpose: Discussion of Performance Mr. Harville's motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Snead, to return to Open Session. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the Regular Meeting of the Pittsylvania County Board of Supervisors on Thursday, March 14, 2013 the Board hereby certifies by a recorded vote that to the best of each board member's knowledge only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the motion authorizing the closed meeting were heard, discussed or considered in the closed meeting. If any member believes that there was a departure from the requirements of the Code, he shall so state prior to the vote indicating the substance of the departure. The statement shall be recorded in the minutes of the Board. P46 March 14, 2013 Special Call Meeting The Board returned to Open Session Adiournment Motion was made by Mr. Harville, seconded by Mr. Snead, to adjourn the meeting, which was unanimously approved by the Board. The meeting adjourned at 4:40pm. P47 Vote Jerry A. Hagerman Yes Brenda Bowman Yes Marshall Ecker Yes Coy E. Harville Yes James H. Snead Yes Jessie L. Barksdale Yes Tim R. Barber Yes The Board returned to Open Session Adiournment Motion was made by Mr. Harville, seconded by Mr. Snead, to adjourn the meeting, which was unanimously approved by the Board. The meeting adjourned at 4:40pm. P47 AGENDA TITLE: Proclamation for Earth Week SUBJECT/PROPOSA U/REOUEST: Proclamation STAFF CONTACT(S): Mr. Sleeper BACKGROUND: PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA DATE: 04 -01 -2013 ACTION: CONSENT AGENDA: ACTION: Yes Yes ITEM NUMBER: 5(c) INFORMATION: The Honorable Brenda Bowman, Supervisor for the Chatham - Blairs District, has asked the Board to consider approving a proclamation designating April 15, 2013 through April 20, 2013 as Earth Week in Pittsylvania County. The Pittsylvania County Beautification Committee will be sponsoring a Pittsylvania County Spring Clean-Up on Saturday, April 20, 2013. Attached hereto, you will find a Proclamation for Earth Week, April 15, 2013 through April 20, 2013 and a flyer on the Pittsylvania County Spring Clean-Up. RECOMMENDATION: The staff recommends to the Board of Supervisors to approve the attached Proclamation for Earth Week, April 15, 2013 through April 20, 2013 and authorize the County Administrator to notify the necessary news media. P48 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMATION EARTH WEEK APRIL 15-20,2013 VIRGINIA: AT THE REGULAR MEETING OF THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS IN THE GENERAL DISTRICT COURTROOM IN CHATHAM, VIRGINIA ON MONDAY, APRIL 1, 2013, THE FOLLOWING PROCLAMATION WAS PRESENTED AND ADOPTED: WHEREAS, the global community now faces extraordinary challenges, such as global health issues, food and water shortages, and economic struggles; and Whereas, all people, regardless of race, gender, income, or geography, have a moral right to a healthy, sustainable environment with economic growth; and WHEREAS, it is understood that the citizens of the global community must step forward and take action to create a green economy to combat the aforementioned global challenges; and WHEREAS, a green economy in Pittsylvania County can be achieved on the individual level through education efforts, public policy, and consumer activism campaigns; and WHEREAS, all residents of Pittsylvania County have citizenship responsibility to protect and care for the beauty and natural resources of Pittsylvania County; then NOW, THEREFORE, BE IT HEREBY RESOLVED that the Pittsylvania County Board of Supervisors officially recognizes and proclaims April 15 -20, 2013 as Earth Week in Pittsylvania County and encourages all citizens to participate in the annual Pittsylvania County Spring Clean -Up on Saturday, April 20, 2013 sponsored by the Pittsylvania County Beautification Committee and Litter Control Office; and BE IT FURTHER RESOLVED that a copy of this proclamation be sent to all media sources. Given under my hand this ls` day of April, 2013. Marshall A. Ecker, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors P49 4 V U i Nam cc C4 �-i U ai X WA iTIOA i .! 4 Vv OO(v 0 U W O Ct a L. Q P50 W ►y O 0 U I z S' O U y 't7 'S 0 0 b 42 v11 JQ a LO f � b U .U" Cld tj WI O O U 'b Cid `" r-i 'Sm C 4 N Cid.r '11� a i �W in N • � 03 N 6) O O 'I� L V Q U) W m cu 6 CO O T L C L p 2 � +% �C O _g) Q > Q N N � (3 0 > .3 T 70 Q c 7 U E U V) N C N N O Q _U � CU :3 Q O) 0) Q i 5 y y s.. n n ^.J y y U U U 4-. O O �.yJy `Y U 0 O g o o � PITTSYLVANIA COUNTY Board of Supervisors AGENDA TITLE: Training SUBJECT/PROPOSAL/REQUEST: Approval Out Of State Travel STAFF CONTACT(S): Messrs. Davis, Sleeper EXECUTIVE SUMMARY AGENDA DATE: 04 -01 -2013 ACTION: CONSENT AGENDA: ACTION: Yes ATTACHMENTS: No ITEM NUMBER: 5(d) INFORMATION: INFORMATION: BACKGROUND: The 911 Center utilizes Software that provides pre - arrival instructions to the callers for our dispatchers. This software requires the department to follow a Quality Assurance Program. There will be a one day training session at the Johnson County, NC 911 Center for three of our dispatchers to be able to attend. Johnson County 911 Center utilizes the same software program and has a top notch Quality Assurance program and Administrator. They are willing to allow three of our personnel to attend a one day training session at no charge to the County. We are recommending to send one Shift Supervisor and two Asst. Shift Supervisors for the one day travel for the class. The staff will travel to and from in one day, therefore no lodging will be required. The only costs to the County will be a vehicle from the County Motor Pool and meals for the staff. A total cost no to exceed $125.00 for the vehicle and meals. RECOMMENDATION: Staff recommends the Board of Supervisors to authorize the out of state travel. P51 UNFINISHED BUSINESS P52 PITTSYLVANIA COUNTY Board of Supervisors AGENDA TITLE: Appropriation/ 10 -Day Layover SUBJECT/PROPOSAL/REQUEST: 10 -Day Layover STAFF CONTACT(S): Mr. Sleeper EXECUTIVE SUMMARY AGENDA DATE: 04 -01 -2013 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: 6 INFORMATION: INFORMATION: At the March 19, 2013 meeting of the Pittsylvania County Board of Supervisors, a motion was made by Mr. Barber, seconded by Mr. Barksdale to appropriate $18,600 from unappropriated surplus to pay for the repair to the 973 Loader at the Pittsylvania County Landfill. Motion required a 10 -Day Layover and it has now met the layover requirements. DISCUSSION: RECOMMENDATION• Staff recommends the Board of Supervisors vote to approve this motion to appropriate $18,600 for the repair of the 973 Loader at the Pittsylvania County Landfill. This requires a Roll Call Vote P53 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Appropriation and Bid Award— Repairs to 973 Loader 03 -19 -2013 16 — Pittsylvania County Landfill ACTION: INFORMATION: Yes SUBJECT/PROPOSAL/REQUEST: CONSENT AGENDA: Appropriation and Bid Award ACTION: INFORMATION: STAFF CONTACT(S): William D. Sleeper BACKGROUND: ATTACHMENTS: Yes DISCUSSION: The County has received 2 bids to rebuild the motor in the 973 loader at the Pittsylvania County Landfill. This loader has already been out of services for two weeks and the Pittsylvania County Landfill has had to rent a machine at the cost of $1,800.00 per week in order to meet the daily cover requirements at the landfill. J.B. Heavy Equipment Repair, Inc. submitted the lowest quote at $18,600.00. Staff is requesting the Board of Supervisors to award the contract to repair the 973 loader motor to J.B. Heavy Equipment Repair, Inc. in the amount of $18,600.00, and to appropriate $18,600.00 from unappropriated surplus to pay for the repair of this required machinery at the landfill. RECOMMENDATION: Staff recommends the Board of Supervisors; (1) Award the contract to repair the 973 loader motor to J.B. Heavy Equipment Repair, Inc. in the amount of $18,600.00, and (2) appropriate $18,600.00 from unappropriated surplus to pay for the repair of this required machinery at the landfill. The motion concerning the appropriation will require a 10 -Day Layover. P54 03/64/2013 10:11 14344321154 J. S. HEAVY EQUIPMENT REPAIR, INC. 1189 PlAEY ROAD GRETNA, VA. 24557 SUS.' 1- 94- -432.8029 ATT: DM. MO91LE, 1-434 - 203.1609 rex-1- L9?-132.8910 It F<iR. - Dtvic> _. NDFILL 1 382 RAINBOW LANE j DRY FORK, VA. 24549 PHONE: 1.434-432 -7980 FAX:1- 434.4323057 DRY FORK, VA. A _. BILL TO: COUNTY LANDFILL 1382 RAINBOW LANE 549 I JB HEAVY EQUXPMT.XNC PAGE 01 SERVICE INVOICE INVUVE NUMBER' QUOTE TRUCK NUMBER TAX NUMBER 01- 0811658 JOB DESCRIPTION SERVICE WORK DATE March 4, 2013 I73 885003078 ENGINE 33001T SA 13234614 )VE ENGINE. TEAR DOWN AND REBUILD TO SPECS, REPLACE AND TEST. IANTYIYEAR. THANKS FOR YOUR BUSINESS ARE DUE UPON REC•EIR UNLOR, OTHERVARE STATED. ANY BILL 0 mrHIN 90 VAY® WILL BE CHARGED A PIWINGE CHARGED OF 2% PEA WHICH ANNUAL PEROENTAGE RATE OF MAKE CHECKS PAYABLE T0: J. B. HEAVY EQUIPMENT REPAIR, INC. 1188 PINEY ROAD GRETNA, VA. 24557 P55 1 I 18800.00 i I 18600A0 818 600. TOTAL CUE 03/04/2013 HDN L0. 28 PAX 434 821 910 nchburg 0£fice ROT ¢l90Lyuuk ` ." Carter Carter Machinery Company, Inc. Bryan Ws%ns- product Support Reprasan5va Cell Phone: 1.434- 841.6651 Email: bryan watkine @earmrmecMnary.cmn Spring His Industrial Park 45 Indualdal Circle Lynchburg, VA 24601 Phone: 434- 821.7701 To ll-Fret: 800 - 7884010 Fax; 4349213758 UNIT REPAIR ESTIMATE nlwnrinn Nn Customm Acwunt Nams: pittsylnanla county Landfill Accbunl #: 087119 Address: Other Costs 3400.00 City: State: zq Est Req By' Title `""" Special fidanemg available through Cat Aocese 24 months 24 equal payments no Interest. Ask PSR for dotage, Total Repair Estimels; Marl ne Manufacturer: Caterpillar Model: 073 Serial: 13z34614 SMR; Equip. With; Comments; inspector: Bryan Watkins Date; 03/03/2013 Tale ore 9n r eflmnra r )n1V Repair Descri lion; Travel time and mllaaW DIso0Unmd !!! Pans Labor Other Costs 3400.00 Remora and inerall engine. -1 Parts are for ell,antlfraeza, air filter, act... Does not include any hand parts If found brWten.( Example: Exhaust park" Star turbo, etc.,.) Ratan after failure recondition streamline an engine.' " "' Conies With A 1 year 3500 hr. warranty. Streamline excludes alternator, starter and fan drive. " " "' Nola! Core charges could apply for a bad block. "' ALL Cut parts. Remove radiator from Wrdnose and strip. Rod nut radiator. "'" if core found bad W81 be additional, $650.00 32328.00 3388.00 318500.00 $550.00 `""" Special fidanemg available through Cat Aocese 24 months 24 equal payments no Interest. Ask PSR for dotage, Total Repair Estimels; $227T6,QQ I HIS CS I IMm I C UVCJ rvv I mVGV Vc rnc,aan, rncv, This Estimate is good for 30 Days •.., r••... ..".......... .� �........ Pans: $550.00 'TMs Estimate does not obligate Customer or Caner In any way. should Laboc $,2,716.00 Customer later request Caner to perform the worK, and if caner agrees other costs: $19,450.00 to do so, the wore will be done In accordance with Carters Customary Terms and ConrBdons as conlattad In its standard forms, and Dlo cost Total Repair Estimels; $227T6,QQ will be based on the Wad aCIUMy performed and On prfcos In effect at the llme THE AaOVE ESTIMATE COVERS ONLY THE WORK DESCRIBED HEREIN. ANY ADDITIONAL WORK WdL BE PERFORMED ONLY AFTER CUSTOMER AUTHORIZATION. www, cartermachinefy. com P56 Pagel NEW BUSINESS P57 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Recommendations from Property & Buildings 04 -01 -2013 Committee SUBJECT/PROPOSAL/REOUEST: Recommendation STAFF CONTACT(S): Mr. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: No REVIEWED BY: ITEM NUMBER: 7 INFORMATION: INFORMATION: BACKGROUND: The Property & Buildings Committee of the Pittsylvania County Board of Supervisors met on Tuesday, March 26, 2013. The committee discussed the Blairs Community Center. DISCUSSION: It is a recommendation from the Property & Buildings Committee that the Board of Supervisors authorize the County Administrator to seek a Request for Proposal (RFP) concerning an engineering analysis of the roof at the Blairs Community Center, and to incorporate in that RFP the ability to continue with the design and specifications necessary to repair the roof in the Blairs facility following the analysis. RECOMMENDATION: This recommendation is submitted to the Board of Supervisors for their review, consideration and approval. P58 PITTSYLVANIA COUNTY Board of Supervisors AGENDA TITLE: Backup Generator — Moses Building SUBJECT/PROPOSAL/REQUEST: Bid Award STAFF CONTACT(S): Mr. Sleeper EXECUTIVE SUMMARY AGENDA DATE: 04 -01 -2013 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: 8 BACKGROUND: Pittsylvania County applied for a Homeland Security and Emergency Service Grants with the Commonwealth of Virginia for a generator for the Moses Building in order for it to be additional backup for the 911 Center. DISCUSSION: Attached hereto, you will find a memorandum from Otis S. Hawker, Assistant County Administrator for Operations, designating the bids that were received for the generator and the required wall to separate the generator from the public and to reduce noise output when the generator is running. Unfortunately, this cost is over the amount of money set aside for the generator and the construction and installation by $19,080. In order to correct this, we are recommending the Board of Supervisors transfer $14,100 from the Sheriffs Local Match in Grants and $5,000 from the E -911 Communication Center Grant's line to the 250 Account — Backup Generator -Moses Building. Staff recommends the Board of Supervisors award the contract to Elliott Electric as the low bidder at $119,080 and to authorize the County Administrator to transfer the necessary grants match from the Sheriff and the E -911 Center to the Grants line for the Standby Generator. P59 PITTSYLVANIA COUNTY VIRGINIA SY �Vq� Otis S. Hawker c� 9 Assistant County Administrator o f" �y ° 1 Center Street, Chatham, Virginia Operations &Facilities a �?% �� a -It 4 z Ph 432 -7712 P.O. Box 426 �, w o r✓ y one ( 434 ) Chatham, Virginia 24531 1767 ' Fax (434) 432 -7714 itt otis.hawker @pittgov.org �iR„�N1P www. P g ov.or g MEMORANDUM To: William D. Sleeper, County Administrator From: Otis S. Hawker, Assistant County Administratorz4' Date: March 27, 2013 Subject: Backup Generator for Sheriff's Department — Moses Building We have received competitive bids for the backup generator for the Moses Building with Elliott Electric having the low bid of $97,580. While working with the Sheriffs Department and the engineers to prepare the bid specifications for this project, I requested an add alternate be included for a retaining wall to place around the generator, as well as service lighting and receptacles for maintenance purposes. The generator will be located in the courtyard of the Moses Building for the general safety of the public, the aesthetics of the courtyard, the security of the equipment and the deflection of the noise from the courthouse, serious consideration should be given to the add alternate of $21,500. The bid, currently at $19,080, is over budget with the add alternate. To add this at a later date due to complaints and problems as a separate contract will probably be higher. If you have any questions concerning this matter, please do not hesitate to contact my office. OSH/kp Attachment Cc: Honorable Mike Taylor, Sheriff Pittsylvania County P60 of 0 W Z rw V Z Z m 00 ~� Z U = Z ~ rrU) U V 00 � ~ Z a _ U) ) ''W^ VJ O 2 oq a 0 0 N Q CO O N CO N U Q D fn w F- Z_ Z w d 0 m U rn z U fcl-4 04 N F- 0 w M O F- F- N } } U LU J w J w p- w N } w } O O co LO 0) OO O a LO N U rn z w J F 04 N fn 0 w M O F- N } } Ir O F- U F- Z O O Z w Cl) Z w U J • g 0 z w 0 Q LL O F- a W U w of P61 co M _O M L M rw m Q F- O O O 0 0 O N N 0 0 O O w Q z Of w J Q O D Q U) bf w D m w 2 F- Z z w U Q Vj � Q Q � ZO O0 ga m m H w fA H F- W zIL — fA D (A IL D J F- Q f- w U 6 w w 2 U w D CD Z J Q rn N fn o jL Ir M O O p N U } (4 } Ir O F- U F- Z O O Z w Cl) Z w U J • g 0 z w 0 Q LL O F- a W U w of P61 co M _O M L M rw m Q F- O O O 0 0 O N N 0 0 O O w Q z Of w J Q O D Q U) bf w D m w 2 F- Z z w U Q Vj � Q Q � ZO O0 ga m m H w fA H F- W zIL — fA D (A IL D J F- Q f- w U 6 w w 2 U w D CD Z J Q PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: 4/1/13 9 BID AWARD — LANDFILL COMPACTOR ACTION: INFORMATION: SUBJECT /PROPOSAL /REQUEST: Yes BID AWARD CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Mr. Sleeper, Mr. Hawker, Ms. Meeks ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: An invitation to bid on a new Landfill Compactor for the Solid Waste Collection Facility, was mailed to three (3) vendors on March 14, 2013. The invitation to bid was also advertised and posted on our website and public notice board. DISCUSSION: Bids were received and publicly opened on Friday, March 29, 2013, at 11:00 a.m. We received three (3) responses. The apparent low bidder is Carter Machinery Co., Inc., Salem, Virginia, with a lump sump bid of $559,625. $587,613.03 is available in the bond fund and will be set up in an equipment line to purchase the compactor. RECOMMENDATION: Staff recommendations will be handed out before the meeting. Since some exceptions were taken by the low bidder, the Solid Waste staff and Purchasing Manager will review and discuss the significance of the exceptions before presenting a staff recommendation to the County Administrator and Board of Supervisors. P62 » \ NJ y 0 2 _ / E J \ 2 R a _ / ® j ! \ o z / a E) $ % % @ D , / & z _ \ / f LU j / \ / \ m (D ! § $ ƒ \ NJ y o / @ 0 m k > / \ / f LU j \ / \ (D ! § & _ ? < § orq @ o \ c \ § / r § = § q r n \ } e o ® = S Ul q j \ \ \ 2 \ \ \ \ \ \ 7 \ $ ƒ \ NJ y o / @ 0 m k > 2 � k / $ f 0 z \ 0 » J 0 @ m 2 0 LA PITTSYLVANIA COUNTY EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Amusement Device Inspection by Private Inspectors 1 04 -01 -2013 SUBJECT/PROPOSAL/REOUEST: Alternative amusement device inspection process. (An amusement device is commonly known as a carnival or fair ride) STAFF CONTACT(S): Mr. Sides Mr. Sleeper ACTION• YES CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: ITEM NUMBER: 10 INFORMATION: The Virginia Board of Housing and Community Development has the authority to develop and implement regulations pertaining to the construction, maintenance, operation and inspection of Amusement Devices. In accordance with the Code of Virginia, local building inspection departments are responsible for the inspection of amusement devices (Carnival or Fair rides). The Code of Virginia allows the local governing body to authorize inspections for amusement devices to be performed by persons who are not employees of the local governing body, provided those inspectors are certified by the Virginia Board of Housing and Community Development. DISCUSSION: Each year, the Pittsylvania County Building Inspections Department performs amusement device inspections for each device located at the Danville - Pittsylvania County Fairgrounds. These inspections typically take two inspectors 2 -2 1/2 days or longer to complete. Due to a recent retirement, Pittsylvania County currently has one certified amusement device inspector. Future inspections by County staff would require training and certification of a second inspector, which may not be economically justified for inspections which are typically only conducted once per year. Past amusement device permitting fees have not covered the actual costs of having two inspectors on the site for the time required to complete the inspection process. The Pittsylvania County Building Official has recommended that future amusement device inspections be conducted by independent or private amusement device inspectors, who are in full compliance with State certification and licensing requirements. Amusement device operators would be required to submit third party inspector credentials to the County before obtaining a permit and inspection records will also have to be submitted. The Code of Virginia specifies that when a private inspector is used, the per device permitting fee, payable to the County, shall be reduced by 50 %. RECOMMENDATION: Staff recommends that the Board approve the alternative amusement device inspection process utilizing certified private inspectors at the required 50% reduced permit fee, as authorized by the Code of Virginia, §36 -98.3 and in accordance with the Virginia Administrative Code, 13 VAC 5- 31 -75. P64 PITTSYLVANIA COUNTY VIRGINIA Steven M. Bowman `fit 5 v c y'i,y Fire Marshal /Building Official e ? P.O. Box 426 yr Phone (434) 432 -7936 0` Chatham, Virginia 24531 i �� c Fax (434) 432 -4814 ✓ ti z Gretna /Hurt (434) 656 -6211 steve.bowman @pittgov.orgy `U r� Bachelors Hall/Whitmell (434) 797 -9550 r-e= January 9, 2013 TO: William D. Steeper, County Administrator FROM: Steven M. Bowman, Fire Marshal /Building Official SUBJECT: Amusement Device Inspection In accordance with the Code of Virginia, the local building department within a locality is responsible for amusement device (ride) inspections. Each year, the Pittsylvania County Building Inspections Department performs amusement device inspections for each device located at the Danville - Pittsylvania County Fairgrounds the week prior to the Fair opening date. These inspections typically take two inspectors 2 -2 '/2 days or longer to complete. Based on the facts listed below, my proposal at this time is for future amusement device inspections to be conducted at the Fairgrounds by independent or private amusement device inspectors at no cost to Pittsylvania County. • Fees: Throughout the years, Pittsylvania County has increased building inspection and amusement device fees by varying percentages with little or no adjustment to the amusement device base fee schedule. At this time, the current fees charged by Pittsylvania County for enforcement of the required amusement device inspections are below the maximum amounts allowed by the State of Virginia. In 2012, the fees collected by Pittsylvania County for the 2012 Fair equaled approximately 62% of the total amount permitted to be collected by the State of Virginia. • Labor Cost: In 2012, the amusement device fees collected did not offset the labor cost for two inspectors which resulted in a loss. • Personnel: At this time, Pittsylvania County has one certified amusement device inspector as one has retired. Future inspections will require the training and certification of a second inspector. From a cost versus benefit standpoint, the additional expense to train and certify an inspector may not be economicallyjustifiable for inspections that are conducted for a limited time on an annual basis. • Possible Litigation: The Building Inspections Department received a FOIA request in 2012 from a legal firm in reference to an alleged injury that occurred from an amusement ride at the Fairgrounds. No report was on file for any reported injury and the outcome of the incident is unknown at this time. Given the facts listed above and the economic climate with tight budgets in each county department, I feel it is prudent to review this issue at this time. Section 36 -98.3 of the Code of Virginia gives the local governing body the authority to use private inspectors provided they have Virginia Amusement Device Certification. The use of private inspectors requires the inspections fees to be reduced by 50% for the permit cost. My proposal is as follows: The fairground operators will be notified in advance to obtain and bear all costs for private or independent amusement device inspectors with Virginia certification to conduct all required amusement device inspections. The fairground operators will be required P65 to submit inspector documentation and credentials to the Building Inspections Department for verification before obtaining a Fairgrounds permit. The Fairgrounds permit will be issued at a 50% reduction due to the use of independent inspectors. Upon verification, the approved inspectors will be required to submit amusement device inspection reports to the Building Inspections Department for each required amusement device inspection with all deficiencies noted and corrections verified before the opening date of the Fair. This proposal, if approved, will produce a positive income from the inspection fees due to the reduced labor cost. The Building Inspections Department will still conduct a site inspection of the Fairgrounds premises and buildings, less amusement devices, prior to the opening date of the Fair. Please contact me with any questions you may have on my proposal. Respectfully, Steven M. Bowman Fire Marshal/Building Official Attachments: 2 P66 prev I next § 36 -98.3. Amusement devices A. The Board shall have the power and duty to promulgate regulations pertaining to the construction, maintenance, operation and inspection of amusement devices. "Amusement device" means (i) a device or structure open to the public by which persons are conveyed or moved in an unusual manner for diversion, but excluding snow tubing parks and rides, ski terrain parks, ski slopes and ski trails, and (ii) passenger tramways. A "passenger tramway" means a device used to transport passengers uphill, and suspended in the air by the use of steel cables, chains or belts, or by ropes, and usually supported by trestles or towers with one or more spans. Regulations promulgated hereunder shall include provisions for the following: 1. The issuance of certificates of inspection prior to the operation of an amusement device; 2. The demonstration of financial responsibility of the owner or operator of the amusement device prior to the operation of an amusement device; 3. Maintenance inspections of existing amusement devices; 4. Reporting of accidents resulting in serious injury or death; 5. Immediate investigative inspections following accidents involving an amusement device that result in serious injury or death; 6. Certification of amusement device inspectors; 7. Qualifications of amusement device operators; 8. Notification by amusement device owners or operators of an intent to operate at a location within the Commonwealth; and - 9. A timely reconsideration of the decision of the local building department when an amusement device owner or operator is aggrieved by such a decision. B. In promulgating regulations, the Board shall have due regard for generally accepted standards as recommended by nationally recognized organizations. Where appropriate, the Board shall establish separate standards for mobile amusement devices and for amusement devices permanently affixed to a site. C. To assist the Board in the administration of this section, the Board shall appoint an Amusement Device Technical Advisory Committee, which shall be composed of five members who, by virtue of their education, training or employment, have demonstrated adequate knowledge of amusement devices or the amusement industry. The Board shall determine the terms of the Amusement Device Technical Advisory Committee members. The Amusement Device Technical Advisory Committee shall recommend standards for the construction, maintenance, operation and inspection of amusement devices, including the qualifications of amusement device operators and the certification of inspectors, and otherwise perform advisory functions as the Board may require. P67 D. Inspections required by this section shall be performed by persons certified by the Board pursuant to subdivision 6 of § 36 -137 as competent to inspect amusement devices. The provisions of § 36 -105 notwithstanding, the local governing body shall enforce the regulations promulgated by the Board for existing amusement devices. Nothing in this section shall be construed to prohibit the local governing body from authorizing inspections to be performed by persons who are not employees of the local governing body, provided those inspectors are certified by the Board as provided herein. The Board is authorized to conduct or cause to be conducted any inspection required by this section, provided that the person performing the inspection on behalf of the Board is certified by the Board as provided herein. E. To the extent they are not superseded by the provisions of this section and the regulations promulgated hereunder, the provisions of this chapter and the Uniform Statewide Building Code shall apply to amusement devices. (1986, c. 427; 1991, c. 152; 2011, c. 546.) prev I next I new search I table of contents I home P68 Part II Enforcement Permits and Certificates of Inspection 13 VAC 5- 31 -75. Local building department. A. In accordance with §§ 36 -98.3 and 36 -105 of the Code of Virginia, the local building department shall be responsible for the enforcement of this chapter and may charge fees for such enforcement activity. The total amount charged for any one permit to operate an amusement device or devices or the renewal of such permit shall i of exceed the following. except that when a private inspector is used. the fees shall be reduced by 50 %: 1. $25 for each kiddie ride covered by the permit; 2. $35 for each circular ride or flat -ride less than 20 feet in height covered by the permit; 3. $55 for each spectacular ride covered by the permit which permit which cannot be inspected as a circular ride or flat -ride in subdivision 2 of this subsection due to complexity or height; and 4. $150 for each coaster covered by the permit which exceeds 30 feet in height. P69 PITTSYLVANIA COUNTY Board of Supervisors AGENDA TITLE: Royal Flush — Smith Mountain Lake SUBJECT/PROPOSAL/REQUEST: New Boat STAFF CONTACT(S): Mr. Sleeper EXECUTIVE SUMMARY AGENDA DATE: 04 -01 -2013 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: 11 INFORMATION: INFORMATION: BACKGROUND: The Royal Flush is a mobile septic holding tank boat that pumps out septic from boats on Smith Mountain Lake. It is operated through a partnership with the Virginia Department of Health and the Smith Mountain Lake Association. The Virginia Department of Health wants to get out of owning and operating the boat and has requested the Smith Mountain Lake Association to take over; however, if grant funds are sent to maintain the operation of this boat, then the Tri -Lake Administrative Commission (TLAC) needs to take title and operate the boat with funding from the Smith Mountain Lake Association (SMLA). Attached hereto are memorandums from the TLAC Board meeting to explain to the Board the operation and cost of this boat. RECOMMENDATION: Staff submits this to the Board of Supervisors for their review and consideration. P70 %Mith Alouulnili tulto: l/w /ruvet u% Ibe Blur Ridge T.i -COt'NTY I.va.:XIMINNIVATIVE CO,M:wiSSION MEMORANDUM TO: Pittsylvania County Board of Supervisors FROM: TLAC Board of Directors THROUGH: Mr. Dan Sleeper, Pittsslvania County Administrator, TLAC Executive Committee DATE: March 13, 2013 SUBJECT: "Royal Flush" and the Mobile Septic Holding Tank Pumpout Program Starting in 2001, the Smith Mountain Lake Association and the Virginia Department of Health (VDH) have had a Memorandum of Understanding to operate a Septic Pump -Out boat and two trucks for land based pump -outs. VDH has historically used the grant funds to pay the personnel and then 75% of the other operating costs which totaled $6,645 in 2010. VDH paid $4,984 and SMLA paid $1,661. VDH no longer wishes to be involved in the program and desires to transfer assets and grant funding to a governmental entity. TLAC has been proposed as the Administrative entity to take over the program. VACo Risk Management has been consulted about covering the property and liability insurance for the program since TLAC would carry the Counties' sovereign immunity protection. Item # 12 on Page 3 of Attachment A outlines SMLA's expectations of TLAC while Item #11 on Page 2 outlines SMLA's agreed to role. Attachment B was prepared by TLAC staff and is intended to answer additional questions that the Board members may have. VDH indicates that the program may be dissolved unless transferred to another entity. TLAC has been suggested because it has the Administrative, payroll, and audit oversight already in place through the fiscal agent relationship with Bedford County. The obvious negative is the certainty of future grant funding is unknown. SMLA has indicated that they are willing to accept those expenses not covered by the grant if TLAC will accept the administrative oversight and ownership. If the three Counties believe this service is a critical component on Smith Mountain Lake, the Executive Committee recommends that a Memorandum of Understanding be developed with SMLA and possibly Fert un College to continue the program. P71 Attachment A March, 2013 - The Smith Mountain Lake Association has provided the following information regarding the program. PLD Smith Mountain Lake Association Royal Flush Program 1) Background What the program includes 1. One pump -out boat that travels the main body of the lake to provide on -water pump -out services 2. Two pick -up trucks equipped with manual pump -out containers to provide services to boats permanently docked which are not able to or choose not to access a land based marina pump -out facility 2) Other helpful background information Data collected by the American Electric Power Co. (AEP) in 2002 for their then proposed Shoreline Management Plan shows that there was an average of 750 boats on the lake during a normal summer boating season day. The count was over 2100 boats on one of the days during the 4th of July holiday weekend. 3) When did it start? 2001 a. In 2000 TLAC identified the opportunity to utilize Clean Vessel Act grant monies to protect the lake. Basic, short MOU with VA DOH — including Period of Performance, Scope of Work, Terms and Conditions, and Compensation 4) Program Benefits — a. Visibility of TLAC working to protect SML b. Protection of SML ecology / diminished threat of a spill - reduces the introduction of excessive nitrogen and chemicals into SML waters c. Protection of water supply d. Education of the community (including Ferrum affiliation) e. Protection of tourism industry f. Protection of real estate industry g. Revenue generated by SML h. Ensure Bedford, Pittsylvania and Franklin counties remain attractive to businesses and private land owners 5) Budget — How much has been spent and source of funds for last several years? 2010 Expenses: a. Insurance: $3000. b. Storage /Slip: $1100. c. Registration: $25. d. Scheduled Maintenance: $500. C:\ Users \rflippen \AppData \Local \Microsoft \Windows \Temporary Internet Files\ Content. Outlook \XLEBFRY1 \AttachmentA.doc 1 P72 e. Advertising /Marketing: $600. f. Misc. (cleaning supplies, gloves, telephone, etc.) : $700. g. Student Monitoring: $720. 6) SMLA involvement a. Until 2010, SMLA managed the program in conjunction with Ferrum College. Ferrum students were interviewed by Ferrum staff and hired to work the boat and trucks. The partnership managed the training and scheduling of students. SMLA also managed the storage, equipment and maintenance of the pump -out boat. In 2011 VA DOH hired a supervisor who managed the Ferrum employees. In 2012, VA DOH decided they did not wish to repair the existing Royal Flush boat and that they would take direct control of the operation using a borrowed boat. It was intended that this would last for one year only. 7) Source of Federal /State funds a. Federal Clean Vessel Act grant which covers 75% of costs 8) VA DOH position as related to their desire to transfer the program elsewhere The state prefers to focus their administrative efforts on marina - based, non - portable pump -out programs Clean Vessel Act grant projects. VA DOH also wants to cease detailed management of the project. Their objective is to subcontract the entire operation to a local entity, preferable a local government agency but SMLA would be acceptable to them (unfortunately, SMLA cannot accept the entire responsibility). 9) Reliability projection on funds moving forward A rough estimate of future operating cost would be $60,000 /year. Capital investments for a new boat and purchase of the pickup trucks, plus associated equipment, required for dock pump outs. 10)Capital replacement plan SMLA intends to replace capital as needed through funding by grants and contributions 11) A statement of what the Lake Association will do if the proposal is accepted regarding oversight a. Development and management of both operational and capital budgets i. Provide 25% of matching funds required b. Development of all grant requests, scope of work, RFP and other required documentation c. Maintenance and management of the capital equipment (boats, pickup trucks and manual pumps and associated equipment) d. Reports to TLAC for submittal to VDH e. Scheduling f. Public relations C:\ Users \rflippen \AppData \Local \Microsoft \Windows \Temporary Internet Files\ Content. Outlook \XLEBFRYI \AttachmentA.doc 2 P73 g. SMLA is willing to provide volunteer liaison personnel for supervisor activities. h. Oversee hiring of candidates (students & supervisor) to be recommended to TLAC for final approval 12) Support requested from TLAC to keep the program viable The specific responsibilities that would accrue to the management entity would include: a. Approve hiring and supervision of the part time personnel required to staff the program as recommended by SMLA (subcontract to Ferrum ?). b. Provision of administration of the two programs i. Payroll and bookkeeping ii. Reports to VDH (as provided by SMLA) c. Provision of all insurance coverage required including a liability umbrella. i. Acquire and take title to all capital equipment required ii. A new boat (a lease option could be explored making it possible to pass on the operational expense to VDH) iii. Two pickup trucks specially equipped with large tanks for transporting waste (VDH seems willing to cooperate in transferring the current truck at minimal expense) 13) SMLA cooperatively with TLAC develop and execute a contractual agreement with VDH covering their funding of a portion (75 %) of operational costs. C:\ Users \rflippen \AppData \Local \Microsoft \Windows \Temporary Internet Files\ Content. Outlook \XLEBFRYI \AttachmentA.doc 3 P74 Rebecca Flippen From: Pam Dinkle <pamdinkle @sml.us.com> Sent: Wednesday, March 13, 2013 3:11 PM To: Dan Sleeper Cc: Rebecca Flippen Subject: Septic Pumpout Boat Attachments: MemoPittsylCtySPOMar2013.docx; AttachmentA.doc; Attach mentB.docx Dear Dan, Please find attached the recommendation voted upon by the TLAC Board of Directors yesterday for the consideration of your Board of Supervisors. I have included references on the memo to Attachments A and B as were used in our packet. Since this consideration was not a recommendation from TLAC staff or a TLAC Committee recommendation, I have left it as an item through the Executive Committee. Please feel free to make any changes you wish to on the memo, and use either one or both of the attachments for your Board's review of this proposal. If you would like for an SMLA representative to make a presentation when your Board considers this recommendation, and /or if you would like for me to be present and available for questions at the meeting, please let me know. And of course, if you need any additional information, please let me know. Thank you. 9 Pam Dinkle Lake Management and Project Coordinator Tri- County Lake Administrative Commission (540) 721 -4400 P75 Attachment B Memo To: TLAC Board of Directors From: Pam Dinkle, Lake Management and Project Coordinator Date: March 12, 2013 Re: Royal Flush SMLA/TLAC Cooperative Program Proposal Please note that we are currently awaiting a soft approval from the Virginia Department of Health (VDH) for the SMLA's proposal for this year's septic pumpout boat program. An update will be provided at the Board meeting. In anticipation of additional questions from the Board following your review of the SMLA's proposal (attachment A), the following information is provided. Historical: Over ten years ago, this office (then called the Smith Mountain Lake Policy Advisory Board) worked toward the purpose of getting a septic pumpout boat on Smith Mountain Lake through an opportunity with the Clean Vessel Act grant funds. The project/grant funds were approved and a tentative agreement was entered into with the VDH. However, before the agreement was ratified, both Bedford and Franklin County Boards of Supervisors indicated that they did not wish for TLAC /SMLPAB to handle this program. Following the June 8, 2000 TLAC /SMLPAB Board meeting, the agreement with VDH was terminated. Subsequently, the Smith Mountain Lake Association (SMLA) noted their interest in handling a septic pumpout program and entered into an agreement with VDH. Potential Costs: The SMLA proposes to enter into an agreement with VDH for the purchase of a new boat at a cost of $87,000. It is anticipated that the grant funds will provide 75% ($65,250) and the SMLA will provide the remaining 25% ($21,750). SMLA is hopeful that TLAC will enter into a Memo of Understanding (MOU) with them for this program after they have purchased the boat. Since this boat will be purchased with Federal funds it will be necessary for the boat to be utilized for the initial purpose for a certain timeframe. VDH has indicated that five years would be long enough. TLAC will accept ownership of the boat if a cooperative program is established The following estimates are for five years. The remaining costs (excluding the boat) of SMLA's proposed program for 2013 is: $60,523 (SMLA's 25% would be $15,131) If the program were to remain the same (number of hours, etc.) for the next four years, the total costs for the program to run five years would be: $456,477 (25% - $114,120 and 75% - $342,357.75). This includes a potential 10% increase in costs each year to cover potential increases and repair costs. Note that this does not include the purchase of a new truck or two, which could potentially be necessary. P76 Attachment B It must be noted that there is no certainty that the grant funding will continue to be available in future years, or if it is available, that it will be at the same level. Although the SMLA could modify the hours of availability, in order to meet the requirements that the new boat stay in service for five years, a five year commitment would be necessary from the SMLA to pay any and all costs of the Royal Flush program that are not covered by the grant. The SMLA has indicated that they are willing to make this commitment. Level of TLAC Staff Work: We recognize from other projects that no matter how such an agreement looks on paper, TLAC staff time will be required for a cooperative project such as this. Based on our knowledge of this program and the legal /governmental requirements for certain aspects of handling such a program, we anticipate that our staff's level of work would be limited to no more than 10% of the hours of one Senior Administrative Associate throughout the boating season and 5% of the Lake Management and Project Coordinator's time throughout the year. Additionally, Bedford County's Fiscal Management would process the payroll for the seasonal employees. Committee: Based on discussions with our Attorney, if TLAC is to enter into such a cooperative program it will be necessary for TLAC to establish an active Committee to oversee the program. Any volunteers from the SMLA working on the program would need to be members of that Committee. Cash Flow: Invoices for the program will be processed through TLAC. The SMLA would need to provide their funds to TLAC as a contribution. This means that TLAC will expend funds in advance and then the reimbursement request of the appropriate funds from VDH will be made. To assist with potential cash flow difficulties, we could include in the MOU the stipulation that the SMLA would provide their anticipated portion in advance of each year's pumpout season. County Administrators /Interim County Administrator: The SMLA has presented this proposal to Mr. Huff, Mr. Sleeper and Mr. Rogers. Each has indicated that this cooperative program could only be considered if the SMLA is willing to commit to handling all of the expenses not covered by the grant through VDH as well as the tasks indicated in Attachment A (page 2, #11). If approved by the Counties, a MOU would need to be developed that protects the Counties and assures them that the program will be fully funded by the SMLA (with or without grant funds from VDH) for the next five years. Other Questions: SMLA representatives familiar with this program will be in attendance at the Board meeting to answer any additional questions you may have. P77 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Tri-Lake Administrative Commission (TLAC) 1 04 -01 -2013 Proposed Change SUBJECT/PROPOSAL/REOUEST: Commission Agreement STAFF CONTACT(S): Mr. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: No REVIEWED BY: ITEM NUMBER: 12 INFORMATION: INFORMATION: BACKGROUND: Since 1979, the County surrounding Smith Mountain Lake had been in several agreements that have operated things such as the Reservoir Committee, the Smith Mountain Lake Committee and the Tri -Lake Administrative Commission. DISCUSSION: With the requirements to incorporate Leesville Lake into the Smith Mountain Lake operations, TLAC must be expanded to incorporate Campbell County and the percentages of payments for the various budgets will change based on the actual linear shoreline mileage in each of the counties participating in the program. This change has the merger of Campbell County and the Tri-Lake Administrative Commission. Because of legal issues to be settled and reviewed, please strike this from the agenda. RECOMMENDATION: Because of legal issues in developing the Agreement are not settled, this item is to be struck from the agenda. P78 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Cherrystone and Roaring Fork Engineering Report 1 04 -01 -2013 SUBJECT/PROPOSAL/REOUEST: Funding Request STAFF CONTACT(S): Mr. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY: ITEM NUMBER: 13 INFORMATION: INFORMATION: BACKGROUND: The Town of Chatham has operated the required permits and maintenance costs for the Roaring Fork and Cherrystone Reservoirs located west of the Town of Chatham. The water from these facilities are utilized in the Town of Chatham's Public Water System. This provides the water necessary to go to the areas around the Town, as well as the prison and the industrial parks adjacent to the Town. DISCUSSION: Attached hereto is a letter dated March 12, 2013 forwarded to the Honorable Brenda H. Bowman, Representative of the Chatham/Blairs District, requesting that the Board of Supervisors consider splitting the required cost of $29,500 that the Town has to pay for the preliminary engineering report necessary for new requirements on dam maintenance for reservoir facilities. This is a cost of $14,750. RECOMMENDATION: Staff submits this to the Board of Supervisors for their review and consideration. Further discussion should occur at the Board meeting on April 1, 2013. P79 Mayor ROY P. BYRD, JR. Town Manager EDMUND GILES Clerk- Treasurer TIMOTHY D. HAMMELL Director of Puhlle Works ROBERTH. HANSON 16 Court Place PO Box 370 Chatham VA 24531 434-432-8153-Office 434-432 -4817- Facsimile chathmnya'lcomcast net www.chatham- va.gov March 12, 2013 WA II - -- The Honorable Brenda H-.--Bowman;--- -- -- - - -- -- - BOS Member, Chatham - Blairs District Pittsylvania County 300 Bowman Drive Dry Fork, VA 24549 RE: Required Analyses and Preliminary Engineering Report Of Cherrystone and Roaring Fork Dams Dear Mrs. Bowman, Town Council JANET BISHOP WILLIAM BLACK C. B. CUNDIFF WILLIAM WIEBKING ROBERT B. THOMPSON ANDREW WALL As you may be aware there have been changes in the State Dam regulation throughout the, State. Since the 2009 evaluation of the town dams mandated under the Virginia Office of Dam Safety, Dept of Conservation and Recreation (DCR) Impounding Structure Regulations, the town has been operating under a "Conditional - Permit ". Conditional permits are issued when a dam is not an imminent threat but where deficiencies have been identified. In the case of the town's two licensed dams, the issue identified in the 2009 dam break studies indicated spillways undersized for the flood size required by the state regulations. There were no other deficiencies identified in the dams. At the end of the last permit cycle, the town requested a renewal of the conditional certificate on both dams for another year. The state issued a 6 month extension and asked for a Preliminary Engineering Report (PER) addressing the spillway issue be submitted by March 2013. Failure to comply with the permit conditions could possibly result in fines by the state. The extent and severity of enforcement is not known but DCR has hired a lawyer on staff in the last couple years and the attitude toward enforcement has hardened. In 2010 the Town spent $58,666.00, as indicated in a letter to Mr. Sleeper dated January 27, 2011, for the required analyses of Cherrystone and Roaring Fork Dams, Inundation Mapping and an Emergency Action Plan which was required by the State (DCR). Now the State is requiring the Town to do the PER for the spillways. Council voted to have Dewberry Engineers, Inc. to do this at a cost of $29,500.00. As to date the Town has had to bear all the expense for these studies and PER reports. As you are aware the County owns half of the water P80 that the Town water plant produces and this water supply is not only critical to the Town but to the County as well for the economical growth and jobs for this area. The Town of Chatham recognizes its responsibilities as the licensee regarding maintenance of the Dams. We are not asking for any cost associated with maintenance. However, the one -time study required by the regulations and the prelnninary engineering report are not maintenance cost and should be borne equitably by all who benefit from the availability of the water impounded in these reservoirs. Therefore the Town of Chatham is respectfully requesting your positive consideration to help with, at least, the most recent cost of the PER of $29,500.00 by paying half of this cost. forward to meeting with you or any of the County representatives to discuss this in detail. Should you have any questions please don't hesitate to contact me. Also it is our hope that through a partnership of this regional water supply we can see continued growth for this area. With Regard, Edmund Giles Town Manager Cc: Honorable Members of Town Council:_. Honorable Marshall Ecker — Chairman BOS Honorable Jessie L. Barksdale — Banister District BOS Dan Sleeper — County Administrator Joseph H. Rogers, P.E. P81 Memo for Record January 15, 2012 Subject: Town of Chatham Dams — Meeting with US Natural Resource Conservation Service (MRCS) Attendees: Edmund Giles — Town Manager, Town of Chatham Joe Rogers, PE Dan Sleeper — Pittsylvania County Administrator Steve Cassada — NRCS, Pittsylvania County Conservationist Matt Lyons — NRCS, Dam Safety Coordinator, State of Virginia Purpose: Discuss Virginia DCR Dam Safety Office comments regarding conditional certification for town dams 1. Mr. Rogers reviewed the background of the recent evaluations of the two dams licensed by Virginia Department of Conservation and Recreation (DCR), Office of Dam Safety. Required dam break studies indicate auxiliary spillways for each dam to be undersized for current criteria. It was noted that both dams are in good condition and show no structural defects and that the only current issue is auxiliary spillway capacity. Each dam was well designed and met all criteria at the time they were designed by NRCS (then The US Soil Conservation Service — SCS) and that the issue results from a change in state flood criteria and not a design error. The spillway design floor required under present state regulations is 85% of the PMF ( probable maximum flood) for Cherrystone Dam #I ( Cherrystone) and 75% of the PMF for Cherrystone Dam 2A ( Roaring Fork) . Current spillway capacity is estimated at about 25 % -35% of the PMF despite meeting 50% PMF criteria at time of design. The 50% was appropriate for the dam classification at the time of design. 2. Mr. Lyons explained the process under which the dams were designed and constructed. Due to frequent flooding in the Cherrystone Creek watershed, local officials entered into an agreement with NRCS for design and construction services to build two flood control dams, one on Cherrystone Creek and one on the Roaring Fork tributary to Cherrystone. Responsibilities of the various parties to the agreement were defined in watershed work plan agreement. Local sponsors and signatories included the town of Chatham and the Pittsylvania Board of Supervisors. NRCS (then SCS) provided federal funding for design and for the flood control aspects of the dams, basically paying most of the construction costs with local assurers being responsible for paying for real estate acquisition, water supply storage and non —flood features. Upon completion and Operation and P82 Maintenance Agreement was signed for each structure. The Town of Chatham was the only signatory to this agreement. NRCS does not own the dam, they only provided funding for design and construction (technical assistance) and, in turn, required maintenance to their standards to protect federal taxpayer investments. It is important to note that the NRCS agreements are independent of any subsequent requirements imposed by the State of Virginia under the dam safety program. Basically, two governmental entities have some jurisdiction over the dams, each independent of the other. The state's function is public safety. However, any modifications to meet state mandates must also be approved by NRCS. In fact, until the state developed dam safety laws in the late 1970's, the town was only responsibility to NRCS for maintenance. 3. An important point about the current situation is that while the town is responsible for Operation and Maintenance, the issue is not really an O &M issue, it is a state regulatory issue. There is no spillway capacity issue with NRCS at this point as they apply their own criteria independent of the state and their hazard classification ( which determines the size flood a spillway must pass) remains unchanged while the new state regulations took the classification of both dams from "significant" to "high" resulting the spillway undersize determination. Regardless, the state issues must be addressed in good faith. 4. NRCS has a dam rehabilitation program for structures they originally designed that is active and accepting applicants. It is currently unfunded but dams are still accepted into the program. The program potentially pays for 65% of the total project modification cost up to 100% of the construction cost. The application process requires the same parties to commit to the application as did the original project and the overall process and agreements are essentially the same. Basically, the dam modifications would follow the same process as if the project was starting from scratch. It would require a cost sharing agreement as did the original construction. The studies would look at various options including non - structural solutions such as buying impacted property in the floodway. Mr. Lyons said that in the past, inclusion of a dam into the NRCS program has been a satisfactory corrective approach for DCR. 5. Conclusions and recommendations. a. Draining the lakes is not an option due to costs as well an adverse impact on regional water supply. Further, such actions would increase the flooding frequency for small storms while providing little additional protection for major PMF) type storms which have a very long recurrence interval. b. Regardless of the probability that NRCS will have funding to do the design studies and take the project to construction, the Town of Chatham ( and county) must, in the taxpayer's interest, try this approach. P83 c. Cooperation must be obtained for the county to enter into the necessary agreement/application. A meeting will be held with Mr. Sleeper, Supervisor Bowman and Board Chairman Ecker as soon as practical to hopefully get a buy - in. d. The current DCR conditional certification condition still exists for a preliminary design report (PDR) by mid March 2013. e. A scope of work needs to be developed and issued to an engineering firm for preparation of the application and the PDR as the two are linked. The engineering firm should coordinate with NRCS, Mr. Lyons during the process. Scope needs to be developed and approved as soon as practical. ALL costs associated with any aspect of the work need to be tracked because they can be credited to the local sponsor's share of any future work. Joe Rogers, PE P84 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Appropriation of Jail Telephone Commission - Requires a motion and a 10 -Day Layover SUBJECT/PROPOSAL/REOUEST: Appropriation of funds received by the Jail for telephone commissions. AGENDA DATE: 4 -01 -13 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: No ITEM NUMBER: 14 INFORMATION: INFORMATION: STAFF CONTACT(S): REVIEWED BY: Sleeper, VanDerHyde BACKGROUND: The Jail has pay phones that are located in the facility for inmates to use. These pay phones generate a profit that is returned to the General Fund. The total received so far for fiscal year 2013 for Jail- Telephone Commissions is $33,977.99. DISCUSSION: A total of $33,977.99 needs to be appropriated to the Jail's operating budget. These funds have not been previously obligated and should be appropriated to line item 100-4-033100-1200. Staff recommends that the Board amend the Jail's budget and approve an appropriation of $33,977.99 as outlined above. THIS ITEM REQUIRES A MOTION AND A 10 -DAY LAYOVER. P85 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Robinson, Farmer, Cox Associates - Contract Renewal SUBJECT/PROPOSAL/REQUEST: Renewal of the County's Audit Contract with Robinson, Farmer, Cox Associates for an additional 2 years STAFF CONTACT(S): AGENDA DATE: 4 -01 -13 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY: ITEM NUMBER: 15 INFORMATION: INFORMATION: BACKGROUND: Robinson, Farmer, Cox Associates (RFCA) are the current accounting firm responsible for the County's annual audit. RFCA was the firm selected during the Request for Proposal (RFP) process in 2010. The RFP covered a three year period from 2010 -2012. The RFP allowed for the County's ability to extend this contract for an additional 2 years without repeating the RFP process. DISCUSSION: Attached is the contract renewal extending auditing services with RFCA for an additional 2 years covering FY 2013 and FY 2014. An RFP will be sent out after this 2 year period to review these services for future years. RECOMMENDATION: Staff recommends that the Board of Supervisors approve the attached contract for Robinson, Fanner, Cox Associates for an additional 2 years and allow the County Administrator to sign this document. P86 CONTRACT TO AUDIT THE ACCOUNTS OF THE COUNTY OF PITTSYI.VANIA, VIRGINIA This agi-eemcnt, made this I4° day of March 2013 by and between Robinson, Farmer, Cox Associates, 108 South Park Drive, Blacksburg, VA 24060, hereinafter referred to as the Auditor, and die Board of Supervisors of die County of Pittsylvania, Virginia herein after referred to as the County provides as follows: The Auditor shall audit die financial statements of die County and its component unit School Board fbr die fiscal years endungJune 30, 2013 and June 30, 2014. The auditor shall also prepare the following docwnents as necessary for the County. • SF -SAC data collection form • Comparative cost transmittal forms • Landfill financial assurance test and related opinion dhcreon • County's cost allocation plan 2. The Auditor shall perform die audit and render his reports in accordance with geneially accepted government . auditing standards, the standards for financial and compliance audits contained in the U.S. Genera, I Accounting Office's Govemment Auditing Standards, Office of Management and Budget Circular A -133 and die Soecificatious for Audits of Counties. Cities and 'Towns issued by die Auditor of Public Accounts of die Commonwealth of Virginia. Accordingly, it shall include such tests of die accounting records and such other auditing procedures as die Auditor deems necessary aid appropriate in order to express an opinion on the lhhaucial statements. 3. It is agreed that generally accepted auditing standards include a compliance review in connection with die review of the County's system of internal control for die propose of submitting our written report to tie governing body setting forth findings oil material weaknesses iu internal control, together with recommendations for improvement. Such review shhall include die accountability for funds and adherence to applicable budgetary and other legal requirements. 4. The Auditor shhall, after completing his audit, submit to die governing body a written report of audit. This report shall include die 6nanccial statements and notes thereto prepared in accordance with generally accepted accounting principles, supplementary information requested by die client for full disclosure under die law and the Auditor's opinion oil die material prescuted. 5. It is agreed that time is of the essence in the performance of this contract. However, unavoidable delays shall not render the contract invalid or voidable provided die cause thereof and die estimated completion date are promptly furnished by die Auditor to die County. 6. Should circumstances disclosed by die audit call for a more detailed investigation by die Auditor than necessary under ordinary circumstances, or should die County administer new enterprises, or should there be a turnover audit required, or should accounting and /or auditing standards charge thereby increasing the scope of service, die Auditor shall inform the governing body and die parties shall negotiate additional compensation required therefore. 7. The County shall prepare a preclosing triad balance as ofJune 30'", reconcile all bank accounts, and reconcile and schedule all subsidiary ledgers to the general ledger, including accounts receivable, revenues, expenditures, and general fixed asset schedules not later tnarh August 1st of each year. The County shall assist in retrieving supporting documentation substantiating transactions aid legal compliance and secure working space for die Auditor. P87 Audit Contract Page 2 March 14, 2013 8. In consideration of die satistacto y performance of the provisions of this Agrecmcut, the County shall pay the Auditor fees upon completion as follows: Fee not to exceed for fiscal years ending June 30, 2013 and June 30, 2014: Compoueut Comity and Component Unit School Board Audit FY 2013 $55,100 9. The County reserves the right to extend this contract for additional years at fees to be negotiated. FY 2014 856,750 10. 11hc payment of the tees for die audit services under this Agreement specified in Paragraph 8 is suhject to an annual appropriation for that propose by die County. The County reserves die right to terminate this Agreementif determined to be in die best interest of die County. Beginningwidh die fiscal year ending,june 30, 2014, die Auditor reserves die riglht to terminate this agreement for cause irafter the Auditor ]has completed ifs internal annual evaluation form "Engagement Continuation Form for a Local Government Audit" it is determined to be in die best interest of die Auditor not to provide continued audit services. Should he Auditor terminate this agreement, notice of such termination shall be provided a minimum of four mouths prior to completion of the fiscal year in which die contract is terminated. 11. Thcre arc no other agreements between die parties hereto and no other agreements relative hereto shall be enforceable unless entered into in writing between die parties hereto. Agreement for Audit Services: ROBINSON, FARMER, COX ASSOCIATES CLRTIFIED PUBLIC ACCOUNTANTS BLAC BUR /G, VIRGIN By J Member P88 COUNTY OF PII`1 SYLVANIA, VIRGINIA CHATHAM, VIRGINIA Comity Administrator PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Zoning- Transfer Request SUBJECUPROPOSAUREOUEST: Approval of transfer from the Nondepartmental budget to the Zoning Budget STAFF CONTACT(S): Sleeper, Van Der Hyde BACKGROUND: AGENDA DATE: 4 -01 -13 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: No ITEM NUMBER: 16 INFORMATION: INFORMATION: The Zoning department is responsible for placing public hearing notices in the newspaper for rezoning cases. These advertisements can be extremely costly. The Zoning department budgeted a total of $9,000 in the FY 2013 budget to cover this cost. Because of the uncertainty of the number of rezoning cases in any given year, it is difficult to estimate this cost. Currently, the advertising line item in the Zoning department is $2,684.85 in the red. Funds exist in the nondepartmental budget that may be used to cover this overage as well as the anticipated advertising costs for the remainder of the year. RECOMMENDATION: Staff recommends that the Board of Supervisors approve a transfer of $8,000 from the Bond Arbitrage Fee line item (100 -4- 091200 -5850) to the Zoning- Advertising line item (100 -4- 081400 - 3600). P89 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Expenditure Refunds- Requires a motion and a 10 -day layover SUBJECT/PROPOSAL/REOUEST: Budget Amendment for expenditure refunds STAFF CONTACT(S): BACKGROUND: AGENDA DATE: 4 -01 -13 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY: ITEM NUMBER: 17 INFORMATION: INFORMATION: Attached is a list of expenditure refunds for the month of March 2013 for review. As discussed earlier with the Board, the simple routine of putting every refund back in the budget is extremely time consuming and leaves room for errors. To stay in balance with the Treasurer, we need to reappropriate refunds into the budget so the budget would increase with every expenditure refund. RECOMMENDATION: Staff recommends the reappropriation of funds as follows: $490.83 to Circuit Court-Books & Subscriptions (100 -4- 021100 - 6012), $199.67 to Clerk of Court- Copier Lease (100 -4- 021600 - 60051), $788.24 to Sheriff - Vehicle Fuels (100 -4- 031200 - 6008), $1,961.43 to Sheriff -Parts (100 -4- 031200 - 6030), $2,831.14 to Sheriff - Labor (100 -4- 031200 - 6031), $130.10 to Jail - Extradition (100 -4- 033100 - 5550), $2,551.00 to E911- Telephone (100 -4- 035500 - 5230), $11,962.59 to CPMB -CSA Pool Program (100 -4- 053500- 7003), $942.99 to WIA- Electricity (251 -4- 0353160- 5110), $17,725.17 to WIA -Rent (251 -4- 353160 - 5420), $3,981.52 to Memorial Gifts Fund - Furniture (265 -4- 073320 - 6003). THIS ITEM REQUIRES A MOTION AND A 10 -DAY LAYOVER. P90 PITTSYLVANIA COUNTY VIRGINIA Finance Department P.O. Box 426 Chatham, Virginia 24531 MEMO TO: William D. Sleept FROM: Kim Van Der Hyde Finance Director SUBJECT: March Expenditure Refunds DATE: March 29, 2013 Phone 1434) 432 -7740 Fax (434) 432 -7746 Gretna /Hurt (434) 656.6211 Bachelors Hall/Whitmell (434) 797 -9550 The list below shows all expenditure refunds that were sent to the Finance Department during the month of March. I am recommending that all of the following expenditure refunds be reappropriated by the Board of Supervisors: 100 -4- 021100 -6012 Circuit Court -Books & Subscription 490.83 Refund 100 -4- 021600 -60051 Clerk of Court- Copier Lease 199.67 Reimbursement 100 -4- 031200 -6008 Sheriff - Vehicle Fuel 788.24 Reimbursement 100 -4- 031200 -6030 Sheriff -Parts 1,961.43 Insurance Reimbursement/Restitution 100 -4- 031200 -6031 Sheriff -Labor 2,831.14 Insurance Claims 100 -4- 033100 -5550 Extradition 130.10 100 -4- 035500 -5230 E911- Telehpone 2,551.00 Intrado Reimbursement 100 -4- 053500 -7003 CPMB -CSA Pool Program 11,962.59 Refund- Overpayment 251 -4- 353160 -5110 WIA- Electricity 942.99 Utility Tax Refund P91 251 -4- 353160 -5420 WIA -Rent 17,725.17 Appropriation of Rent Income 251 -3- 000000- 150201 265 -4- 073320 -6003 Memorial Gifts Fund- Furniture 3,981.52 Donation TOTAL MARCH EXPENDITURE REFUNDS $43,564.68 P92 ANNOUNCEMENTS P93 REPORTS FROM LEGAL COUNSEL P94 REPORTS FROM COUNTY ADMINISTRATOR P95 PITTSYLVANIA COUNTY VIRGINIA ¢` r William D. Sleeper � County Administrator o P.O. Box 426 a Chatham, Virginia 24531 w o e -mail: dsleeper @pittgov.org `P 1767 To: Otis S. Hawker, Assistant County Administrator From: Henry Boswell, Jr., Chief Animal Control Officer Date: March 29, 2013, Subject: Animal Control Activity Report Phone (434) 432 -7710 Fax (434) 432 -7714 Gretna /Hurt (434) 656 -6211 During the period of March 1,2013 through March 28, 2013, the Animal Control Officers responded to _365_ calls as per Henry Boswell, Chief Animal Control Officer, resulting in the following: Description Number Remarks Animals taken into custody: 178 Dogs 78 Cats 93 Other 7 Opossum Animals on hand at month end 21 Animals dispatched 65 Licenses checked 97 Court cases 20 Summons 18 Animals Adopted 4 Animals returned to owners 14 Cats taken to the Humane Society 57 Animals Transferred 17 FC -15 DAHS -1, MHC -1 Injured animals picked up 2 1 cat 1 do Animals found in traps 94 76- cats 11- dos 7 -o ussum Exposures: Human /Saliva 0 Exposures: Dogs/Cats/Wildlife 0 Dog Bites 4 Cat Bites 0 Cruelty Checks 0 Well -being Checks 13 Cat/Dog Fights 6 Investigated killings by dogs/cats 4 Investigate killings by Coyotes 0 If you have any questions concerning this, please do not hesitate to contact me. cc: William D. Sleeper, County Administrator P96 PITTSYLVANIA COUNTY VIRGINIA 1�q5 Lvq� William D. Sleeper ¢ 434 County Administrator o �' Phone ( ) 432 -7710 Fax 434 432 -7714 Chatham, Virginia 24531 P.O. Box d z Gretna /Hurt (434) 656 -6211 a W � o � y e -mail: dsleeper @pittgov.org 1767 MEMORANDUM To: Otis S. Hawker, Assistant County Administrator From: Henry Boswell, Jr., Chief Animal Control Officer Date: March 29, 2013 Subject: Conservators of the Peace Solid Waste Monitoring Report The Animal Control Officers whom have been appointed to the position of Conservators of the Peace monitoring solid waste sites in Pittsylvania County, as per Pete Boswell, Chief Animal Control Officer, for the period of March 1, 2013 through March 28, 2013 Description Number Remarks 78 hrs out _20 working days in March; days Total hours monitored _12 there were only 2 officers working due to, sickness, vac, , raining/ snowning 1077 M -400 5 -394 Vehicles entering sites 46 Vehicles checked 3 Summons' issued 2 pending/April Court Cases 1 Convictions If you have any questions concerning this, please do not hesitate to contact me. cc: William D. Sleeper, County Administrator P97 PITTSYLVANIA COUNTY CODE COMPLIANCE MONTHLY REPORT & FEES March 2013 TYPFS OF PF.RMiTC 93 BUILDING PERMIT FEES COLLECTED $8,702.71 93 LEVY COLLECTED $174.23 0 SUBDIVISION FEES COLLECTED $0.00 25 ZONING PERMIT FEES COLLECTED $115.00 0 REINSPECTION FEES COLLECTED $0.00 6 LAND DISTURBING FEES COLLECTED $60.00 217 TOTAL FEES COLLECTED $9,051.94 MONTHLY BUILDING VALITF.S 3 NEW DWELLINGS $565,000.00 5 MOBILE HOMES /OFFICE TRAILERS 73,000.00 2 DOUBLE -WIDE MOBILE HOMES 110,900.00 2 MODULAR 433,879.00 32 COMMERCIAL CONSTRUCTION 1,082,237.00 49 MISCELLANEOUS 655,255.00 93 TOTAL $2,920,271.00 NONTAXABLE: $788,616.00 $9,850,368.00 MONTHLY ACTIVITY REPORT NUMBER OF BUILDING INSPECTIONS MADE 251 NUMBER OF REJECTIONS OF WORK 41 NUMBER OF E & S INSPECTIONS 58 NUMBER OF MILES INSPECTORS TRAVELED 3,868 MONTHLY ZONING FF.FS 6 REZONING FEES COLLECTED $1,129.41 3 SPECIAL USE PERMIT FEES COLLECTED 497.06 0 VARIANCE & APPEAL FEES COLLECTED 0.00 0 SIGN PERMIT FEES COLLECTED 0.00 9 TOTAL $1,626.47 Respectfully Submitted, Odie H. Shelton, Jr. Director of Code Compliance/ Zoning Administrator P98 CLOSED SESSION P99 ADJOURNMENT P100