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09-03-2013 BOS PACKETBOARD PACKET BOARD OF SUPERVISORS REGULAR MEETING SEPTEMBER 3, 2013 1767 P1 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS REGULAR MEETING TUESDAY, SEPTEMBER 3, 2013 GENERAL DISTRICT COURTROOM EDWIN R. SHIELDS COURTHOUSE ADDITION AGENDA Call to Order — 7:00 p.m. Roll Call Barber0 BarksdaleO Bowman0 EckerO HagermanO Harville0 SneadO 3. Pledge of Allegiance 4. Emergency Items to be Added to the Agenda Motion by Barber0 Barksdale0 Bowman0 EckerO Hagerman0 HarvilleO SneadO Seconded by Barber17 Barksdale0 Bow man0 EckerO Hagerman0 Harville17 SneadO (a) Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiation and litigating posture of the public body. Authority: 2- 2.3711(A)(7), Code of Virginia, 1950, as amended Subject Matter: Barbara Hudson v. Pittsylvania County, Virginia and Board of Supervisors of Pittsylvania County, Virginia Purpose: Briefing by Legal Counsel —Page 10 (b) Letter of Support — Town Councilmen for Greece, New York — Pages 11 -12 APPROVAL OF AGENDA Motion by Barber0 Barksdale0 Bowman0 EckerO Hagerman17 Harville0 SneadO Seconded by Barber0 Barksdale0 Bowman17 EckerO Hagerman0 HarvilleO SneadO HEARING OF CITIZENS CONSENT AGENDA Motion by Barber0 Barksdale0 Bowman0 EckerO Hagerman0 Harville0 SneadO Seconded by BarberO Barksdale0 Bowman0 EckerO Hagerman0 HarvilleO SneadO (a) Minutes: August 5, 2013 — Regular Meeting — Pages 15 -25 August 20, 2013 — Adjourned Meeting — Pages 26 -31 Motion by Barber0 BarksdaleO Bowman0 EckerO HagermanO HarvilleO SneadO Seconded by Barber0 Barksdale0 BowmanO EckerO Hagerman0 HarvilleO SneadO (b) Bill List — August 2013 (Online) Motion by Barber0 BarksdaleO Bowman0 EckerO Hagerman0 HarvilleO SneadO Seconded by Barber0 Barksdale0 Bowman0 EckerO Hagerman0 Harville0 SneadO (c) Proclamation — October is County -Wide Cleanup Month — Pages 32 -33 PRESENTATIONS 6. Introduction of new Pittsylvania County Service Authority Director: Chris Adcock Pages 35 -36 NEW BUSINESS Motion by Barber0 BarksdaleO Bowman0 EckerO Hagerman0 HarvilleO SneadO Seconded by Barber0 Barksdale0 Bowman0 EckerO Hagerman0 Harville0 SneadO Recommendations from Capital Improvements Plan Sub - committee — The Capital Improvements Plan Sub - committee will meet at 5: 06pm on Tuesday, September 3, 2013 and any recommendations coming from that committee will be presented to the full Board of Supervisors — Page 38 -39 (a) Proposed Capital Improvements Plan Motion by Barber0 BarksdaleO Bowman0 Ecker17 Hagerman0 HarvilleO SneadO Seconded by BarberO Barksdale0 Bowman0 EckerO HagermanO Harville0 SneadO 8. Tobacco Indemnification Commission (TIC) Project Tire Grant - Appropriation — Pages 40 -53 Motion by BarberO Barksdale0 Bowman0 EekerO Hagerman0 HarvilleO SneadO Seconded by Barber0 Barksdale0 Bowman0 EckerO HagermanO HarvilleO SneadO 9. Expenditure Refunds — Requires a motion and a 10 -Day Layover — Pages 54 -56 Motion by Barber0 BarksdaleO Bowman0 Ecker17 HagermanO HarvilleO SneadO Seconded by Barber0 BarksdaleO Bowman0 EckerO HagermanO Harville0 SneadO 10. Library Fax Money Carryover - Requires a motion and a 10 -Day Layover — Pages 57 -59 Motion by Barber0 BarksdaleO Bowman0 Ecker17 Hagerman0 HarvilleO SneadO Seconded by Barber17 Barksdale0 Bowman0 EckerO HagermanO Harville0 SneadO 11. Local Emergency Planning Commission (LEPC) Carryout — Requires a Roll Call Vote — Page 60 Roll Call Vote (Roll Call Vole Yor N) Motion by Barber0 BarksdaleO Bowman0 EckerO HagermanO Harvi&17 Snead/7 Seconded by Barber0 Barksdale0 BowmanO EckerO Hagerman0 Harville17 SneadO 12. Solid Waste Disposal for Saturday, October 19, 2013 — Mr. Harville — Page 61 Y N A Barber ❑ ❑ 0 Barksdale ❑ 0 ❑ Bowman 0 ❑ ❑ Ecker ❑ ❑ ❑ Hagerman ❑ ❑ ❑ Harville ❑ ❑ ❑ Snead 0 ❑ ❑ (Roll Call Vole Yor N) Motion by Barber0 BarksdaleO Bowman0 EckerO HagermanO Harvi&17 Snead/7 Seconded by Barber0 Barksdale0 BowmanO EckerO Hagerman0 Harville17 SneadO 12. Solid Waste Disposal for Saturday, October 19, 2013 — Mr. Harville — Page 61 Motion by Barber0 Barksdale0 Bowman0 EckerO Hagerman0 Harville0 SneadO Seconded by Barber0 Barksdale0 Bowman0 EckerO Hagerman0 Harville0 SneadO 13. Request for Special Election during November 2014 for Commonwealth Attorney for Pittsylvania County — Page 62 Motion by Barber0 Barksdale0 Bowman0 EckerO HagermanO HarvilleO SneadO Seconded by Barber0 BarksdaleO Bowman0 EckerO Hagerman0 Harville0 SneadO 14. Set Public Hearing for Community Development Block Grant (CDBG) Funding — Pages 63 -65 Motion by Barber0 BarksdaleO BowmanO EckerO HagermanO HarvilleO SneadO Seconded by Barber0 Barksdale0 Bowman0 EekerO HagermanO Harville0 SneadO 15. Byrne /Justice Assistance Grant Appropriation — Requires a Roll Call Vote — Pages 66 -68 Roll Call Vote (Roll Calf Vote Yor N) APPOINTMENTS Motion by Barber0 Barksdale0 BowmanO EckerO Hagerman0 Harville0 SneadO Seconded by Barber0 BarksdaleO BowmanO EckerO HagermanO Harville0 SneadO 16. Appointment to the Pittsylvania County Road Viewers — Banister District — Page 70 Y N A Barber ❑ ❑ ❑ Barksdale ❑ ❑ ❑ Bowman ❑ ❑ ❑ Ecker ❑ ❑ ❑ Hagerman ❑ ❑ ❑ Harville ❑ ❑ ❑ Snead ❑ ❑ ❑ (Roll Calf Vote Yor N) APPOINTMENTS Motion by Barber0 Barksdale0 BowmanO EckerO Hagerman0 Harville0 SneadO Seconded by Barber0 BarksdaleO BowmanO EckerO HagermanO Harville0 SneadO 16. Appointment to the Pittsylvania County Road Viewers — Banister District — Page 70 BOARD ANNOUNCEMENTS REPORTS FROM LEGAL COUNSEL REPORTS FROM COUNTY ADMINISTRATOR — Pages Entered Closed Session: CLOSED SESSION Re -enter Open Session: Motion by Barber0 BarksdaleO Bowman0 EckerO Hagerman0 Harville0 SneadO Seconded by Barber0 Barksdale0 Bowman0 EckerO HagermanO Harville0 Sneadn CERTIFICATION Adjournment Motion by Barber0 BarksdaleO Bowman0 EckerO HagermanO HarvilleO SneadO Seconded by Barber0 Barksdale0 Bowman0 EckerO Hagerman0 Harville0 SneadO Time Adjourned: Y N Barber ❑ ❑ Barksdale ❑ ❑ Bowman ❑ ❑ Ecker ❑ ❑ Hagerman ❑ ❑ Harville ❑ ❑ Snead ❑ ❑ Adjournment Motion by Barber0 BarksdaleO Bowman0 EckerO HagermanO HarvilleO SneadO Seconded by Barber0 Barksdale0 Bowman0 EckerO Hagerman0 Harville0 SneadO Time Adjourned: TO BE ADDED PITTSYLVANIA COUNTY Board of Supervisors AGENDA TITLE: Closed Session SUBJECT/PROPOSAL/REQUEST: Closed Session STAFF CONTACT(S): William D. Sleeper EXECUTIVE SUMMARY AGENDA DATE: 09 -03 -2013 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: No ITEM NUMBER: 4(a) INFORMATION: INFORMATION: BACKGROUND: In the Board of Supervisors ACLU case, Barbara Hudson vs. The Pittsylvania County Board of Supervisors, it is necessary for Board to review with Legal Counsel recent decisions made by the Court. DISCUSSION: There will be a Closed Session under §2.2- 3711(A)(7) of the Code of Virginia, 1950, as amended. Subject will be ACLU Case; Barbara Hudson vs. Pittsylvania County Board of Supervisors and the Purpose will be briefing by Legal Counsel. RECOMMENDATION: Staff recommends the Board of Supervisors approve this Closed Session. Pro PITTSYLVANIA COUNTY Board of Supervisors AGENDA TITLE: Letter of Support to Greece, New York SUBJECT/PROPOSAL/REQUEST: Letter of Support STAFF CONTACT(S): William D. Sleeper EXECUTIVE SUMMARY AGENDA DATE: 09 -03 -2013 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: 4(b) INFORMATION: INFORMATION: BACKGROUND: The Town of Greece, New York is currently awaiting a ruling from the Supreme Court concerning legislative prayer at government meetings. Because this case is very similar to Pittsylvania County's litigation, although it is not about secular statements, it is about Christian prayer, the Chairman is requesting the Board of Supervisors to consider a letter of support. DISCUSSION: As the Supreme Court of the United States has agreed to hear the case from Greece, New York, it has not established a date for the hearing. Therefore, time remains for the County of Pittsylvania, Virginia, to send a letter to the Town of Greece, New York, demonstrating its support for the Town's historical stand for legislative prayer at government meetings. RECOMMENDATION: Staff submits the attached letter to the Board of Supervisors for their review and consideration. P11 SUPERVISORS Marshall A. Ecker, Chairman Brenda H. Bowman, Vice - Chairman Coy E. Harville Tim R. Barber James H. Snead Jessie L. Barksdale Jerry A. Hagerman September 4, 2013 VIA U.S. MAIL John Auberger Supervisor Pittsylvania County Luigiu BOARD OF SUPERVISORS P.O. Box 426 Chatham, VA 24531 Town of Greece Board of Councilmen Town of Greece One Vince Tofany Boulevard Greece, New York 14612 Dear Mr. Auberger; William D. Sleeper County Administrator Phone (434) 432 -7710 Fax (434) 432 -7714 Email: dan.sleener(a)ulttgoy.otg On behalf of the Board of Supervisors of Pittsylvania County, Virginia ( "Pittsylvania County Board of Supervisors "), I express our support for the Town of Greece, New York ( "Town of Greece or Town "), in its historic battle concerning legislative prayer at government meetings. The Pittsylvania County Board of Supervisors is currently engaged in a similar case in the United States Court of Appeal for the Fourth Circuit, involving the restriction of legislative sectarian prayer at public meetings. It appears that the Town of Greece has met the criteria and burden of separation of church and state, because the Town has allowed clergy from numerous and various religions to have prayer at its meetings. Ostensibly, it appears that since the prayers are primarily Christian in nature, the Town of Greece finds itself in litigation. In conclusion, the Pittsylvania County Board of Supervisors supports the Town of Greece in its historic appeal to the United States Supreme Court concerning legislative prayer at government meetings. Sincerely yours, Marshall A. Ecker Chairman Pittsylvania County Board of Supervisors MAE /rf Cc: Honorable Members of the Board of Supervisors of Pittsylvania County, Virginia,(via e-mail) J. Vaden Hunt, Esq. (County Attorney); (via e-mail) P12 HEARING OF CITIZENS P13 CONSENT AGENDA P14 Regular Meeting August 5, 2013 Pittsylvania County Board of Supervisors Monday, August 5, 2013 Regular Meeting VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Supervisors was held on Monday, August 5, 2013 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Marshall A. p.m. The following members were present: Marshall Ecker Brenda H. Bowman Coy E. Harville James Snead Jessie L. Barksdale Jerry A. Hagerman Tim Barber Ecker, Chairman, called the meeting to order at 7:01 Staunton River District Chatham - Blairs District Westover District Dan River District Banister District Callands- Gretna District Tunstall 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. Mr. Harville led the Pledge of Allegiance. Approval of Aaenda Motion was made by Mr. Barksdale, seconded by Ms. Bowman, to approve the agenda with the following addition: Additions: (a) Closed Session - Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiation or litigating posture of the public body; and consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. Authority: §2.2- 3711(A)(7) of the Code of Virginia, 1950, as amended Subject Matter: Barbara Hudson vs. Pittsylvania County Board of Supervisors Purpose: Briefing by Legal Counsel Deletions: (a) Strike Item #18; Motion to rescind motion that created Disciplinary Committee Mr. Barksdale's motion was unanimously approved by the Board. Hearin¢ of the Citizens Don Scearce of the Chatham - Blairs District had comments concerning a ticket he received after dumping what he said was scrap carpet into a compactor at the Mr. Hermon compactor site. Richard Shumate of the Westover District thanked the Board of Supervisors concerning their stand on the prayer issue and offered a word of prayer. This concluded the Hearing of the Citizens. P15 Regular Meeting August 5, 2013 Consent Agenda Motion was made by Mr. Barksdale, seconded by Mr. Hagerman, to approve the Consent Agenda, with the correction to the July 1, 2013 minutes correcting an error on Page 14 of the Board packet concerning a Roll Call Vote of the Main Motion of Item 7, Amendments to By- Laws, under Unfinished Business, that should have read Mr. Barksdale's vote was "No ". Consent Agenda: (a) Minutes: July 1, 2013 Regular Meeting July 16, 2013 - Adjourned Meeting (b) Bill List July 2013 (Online) (c) Resolution — National Day to Serve (d) Resolutions to Virginia Department of Transportation (VDOT) — Rural Rustic Roads (e) Proclamation — National Farmers' Market Week (f) Letter of Approval for Annual Sartomer Race Mr. Barksdale's motion was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2013 -08 -06 DAY TO SERVE VIRGINIA: At a meeting of the Pittsylvania County Board of Supervisors on Monday, August 5, 2013 in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following resolution was presented and adopted: WHEREAS, the Governors of Virginia, Maryland and West Virginia, and the Mayor of Washington, D.C. have come together to support "Day to Serve'; and WHEREAS, "Day to Serve" is a unique event that has inspired a diverse group of people of our larger region to set aside their political, religious and cultural differences to strengthen our collective communities by coming together to "feed the hungry, protect and enhance the environment, as well as strengthening our communities"; and WHEREAS, the Honorable Robert F. McDonnell, Governor of Virginia, has issued a proclamation encouraging all citizens of Virginia to participate in a Day of Service, between September 15 -29, 2013; and WHEREAS, since the inaugural "Day to Serve" in 2012, this remarkable and unprecedented event swept from the state capital to local churches, schools, neighborhoods and families and resulted in over 750 community events with more than 14,000 volunteers, culminating in 26,000 hours of service rendered, resulting in over 600,000 pounds of food being donated to local food banks; and WHEREAS, the Governor of Virginia has requested Virginians redouble our efforts in 2013; then P16 Regular Meeting August 5, 2013 THEREFORE BE IT RESOLVED that the Pittsylvania County Board of Supervisors supports Governor McDonnell on this observance to call upon all faith based organizations, community organizations and Pittsylvania County residents to participate in a Day to Serve in their communities; and BE IT FURTHER RESOLVED, that Pittsylvania County Board of Supervisors encourages all of our West Piedmont Planning District local governments to adopt a similar resolution in their communities; and BE IT FINALLY RESOLVED that the Pittsylvania County Board of Supervisors calls upon the Metropolitan Washington Council of Governments and Virginia's Planning District Commissions to adopt similar resolutions and encourage all local governments to support the "Day to Serve." PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2013 -08 -02 VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia on Monday, August 5, 2013, the following resolution was presented and adopted: WHEREAS, Section 33.1 -70.1 of the Code of Virginia, permits the hard surfacing of certain unpaved roads deemed to qualify for designation as a Rural Rustic Road; and WHEREAS, any such road must be located in a low- density development area and have no more than 1,500 vehicles per day; and WHEREAS, the Board of Supervisors of Pittsylvania County, Virginia ( "Board ") desires to consider whether Route 758 (Rose Street), From: Summerset Road/State Route 668 around Summerset Road /State Route 668 , a distance of 2.43 miles, should be designated a Rural Rustic Road; and WHEREAS, the Board is unaware of pending development that will significantly affect the existing traffic on this road; and WHEREAS, the Board believes that this road should be so designated due to its qualifying characteristics; and WHEREAS, this road is in the Board's six -year plan for improvements to the secondary system of state highways. NOW, THEREFORE, BE IT RESOLVED, the Board requests that this road be hard surfaced and, to the fullest extent prudent, be improved within the existing right -of -way and ditch -lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the road in their current state. P17 Regular Meeting August 5, 2013 BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Virginia Department of Transportation Residency Administrator. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2013 -08 -03 VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia on Monday, August 5, 2013, the following resolution was presented and adopted: WHEREAS, Section 33.1 -70.1 of the Code of Virginia, permits the hard surfacing of certain unpaved roads deemed to qualify for designation as a Rural Rustic Road; and WHEREAS, any such road must be located in a low- density development area and have no more than 1,500 vehicles per day; and WHEREAS, the Board of Supervisors of Pittsylvania County, Virginia (`Board ") desires to consider whether Route 755 (Mercury Road), From: Rockford School Road/State Route 665 to Marina Drive /State Route 642, a distance of 1.41 miles, should be designated a Rural Rustic Road; and WHEREAS, the Board is unaware of pending development that will significantly affect the existing traffic on this road; and WHEREAS, the Board believes that this road should be so designated due to its qualifying characteristics; and WHEREAS, this road is in the Board's six -year plan for improvements to the secondary system of state highways. NOW, THEREFORE, BE IT RESOLVED, the Board requests that this road be hard surfaced and, to the fullest extent prudent, be improved within the existing right -of -way and ditch -lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the road in their current state. BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Virginia Department of Transportation Residency Administrator. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2013 -08 -04 VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia on Monday, August 5, 2013, the following resolution was presented and adopted: WHEREAS, Section 33.1 -70.1 of the Code of Virginia, permits the hard surfacing of certain unpaved roads deemed to qualify for designation as a Rural Rustic Road; and W:? Regular Meeting August 5, 2013 WHEREAS, any such road must be located in a low- density development area and have no more than 1,500 vehicles per day; and WHEREAS, the Board of Supervisors of Pittsylvania County, Virginia (`Board ") desires to consider whether Route 644 (Cooksburg Road), From: Oxford Road /State Route 750 to existing pavement, a distance of 1.26 miles, should be designated a Rural Rustic Road; and WHEREAS, the Board is unaware of pending development that will significantly affect the existing traffic on this road; and to qualify for designation WHEREAS, the Board believes that this road should be so designated due to its qualifying characteristics; and WHEREAS, this road is in the Board's six -year plan for improvements to the secondary system of state highways. NOW, THEREFORE, BE IT RESOLVED, the Board requests that this road be hard surfaced and, to the fullest extent prudent, be improved within the existing right -of -way and ditch -lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the road in their current state. BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Virginia Department of Transportation Residency Administrator. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2013 -08 -05 VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia on Monday, August 5, 2013, the following resolution was presented and adopted: WHEREAS, Section 33.1 -70.1 of the Code of Virginia, permits the hard surfacing of certain unpaved roads deemed to qualify for designation as a Rural Rustic Road; and WHEREAS, any such road must be located in a low- density development area and have no more than 1,500 vehicles per day; and WHEREAS, the Board of Supervisors of Pittsylvania County, Virginia (`Board ") desires to consider whether Route 749 (Cedar Road), From: Blue Ridge Drive /State Route 634 to Rockford School Road/State Route 665, a distance of 0.87 mile, should be designated a Rural Rustic Road; and WHEREAS, the Board is unaware of pending development that will significantly affect the existing traffic on this road; and WHEREAS, the Board believes that this road should be so designated due to its qualifying characteristics; and P19 Regular Meeting August 5, 2013 WHEREAS, this road is in the Board's six -year plan for improvements to the secondary system of state highways. NOW, THEREFORE, BE IT RESOLVED, the Board requests that this road be hard surfaced and, to the fullest extent prudent, be improved within the existing right -of -way and ditch -lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the road in their current state. BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Virginia Department of Transportation Residency Administrator. PITTSYLVANIA COUNTYBOARD OFSUPERVISORS PROCLAMATION NATIONAL FARMERS' MARKET WEEK August 440, 2013 WHEREAS, shopping at a farmers' market is a wholly unique experience that benefits farmers and producers directly, allowing them to go home with a greater share of the retail price than they would by selling wholesale; and WHEREAS, The Virginia Department of Agriculture and Consumer Services (VDACS) reports farmers' markets in Virginia continue to grow in popularity, from 88 markets in 2006 to more than 230 markets this year -a growth of more than 160% in just seven years; and WHEREAS, the continued growth of Virginia's farmers' markets helps maintain agriculture as the Commonwealth's number one industry with an economic impact of $52 billion annually and 357,000 jobs to its credit; and WHEREAS, by patronizing your local farmers' market, you hand your money to the person who grew or made the products in front of you; and WHEREAS, farmers' markets bring business to neighboring stores and communities where the market is located, and shopping at the markets keeps money circulating in the local community, helping to preserve and create local jobs; and WHEREAS, the Virginia Cooperative Extension reports show if each household in Virginia spent just $10 a week in locally grown agricultural products, consumers would invest an additional $4.65 billion back into the local economy each year; and WHEREAS, shopping at fanners' markets offers the consumer fresher, more unique products, more heirloom varieties, and more opportunities to build relationships and learn about healthy eating; and WHEREAS, price comparison studies show that produce was less expensive at fanners' markets compared to supermarkets, on average by 22 %, benefitting both the local agriculture industry and the local consumer; and WHEREAS, shopping at fanners' market located at the Olde Dominion Agricultural Complex is a community experience, where you can meet your neighbors, friends, and farmers, and where more dollars will stay in the Pittsylvania County community; then P20 Regular Meeting August 5, 2013 BE IT HEREBY PROCLAIMED by the Pittsylvania County Board of Supervisors that the week of August 4`" thru 10", 2013 be proclaimed "National Farmers' Market Week" in Pittsylvania County and all citizens of Pittsylvania County are encouraged to visit local farmers' markets and celebrate the benefits of the markets and their bountiful fresh produce and products. Unfinished Business At the Board of Supervisors' adjourned meeting on July 16, 2013, a motion was made by Mr. Harville, seconded by Mr. Barksdale, for appropriations necessary to complete FY2013, totaling $932,260.12 that affect the following departments: Sheriff, Jail, Library, Schools and Capital Improvements, as outlined in the report provided by the Director of Finance. Mr. Harville's motion required a 10 -Day Layover that had now been met and 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. Harville's motion was unanimously approved by the Board. At the Board of Supervisors' adjourned meeting on July 16, 2013, a motion was made by Mr. Harville, seconded by Mr. Snead, to approve and appropriate the carryover funds from FY2013 budget to the FY2014 budget, totaling $1,009,326.96 and affects the following departments: Board of Supervisors, Independent Audit, Sheriff, Fire & Rescue, Jail, Animal Control, E911, Economic Development and Schools, as outlined in the report provided by the Director of Finance. Mr. Harville's motion required a 10 -Day Layover that had now been met 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. Harville's motion was unanimously approved by the Board. New Business A motion came from the Legislative Committee that the Board of Supervisors and the Planning Commission form a Joint Study Committee, along with strategic partners, to review set the Set Back Progress Report and make recommendations concerning ordinance changes, which was unanimously approved by the Board. A motion came from the Legislative Committee that the Board of Supervisors approved the draft County Credit Card Policy, as amended to include the Board of Supervisors' approval date, and "that this policy cannot be changed without a vote of approval by the Board of Supervisors ", which was unanimously approved by the Board. Motion was made by Mr. Barksdale, seconded by Ms. Bowman, to approve the Dewberry & Davis, Inc. contract amendments for Phase I for the landfill gas monitoring at a cost of $3,400 and $3,400 for Phase II gas monitoring, for a total gas monitoring cost of $6,800 and the Dewberry & Davis, Inc. amendment the Engineering Services Agreement to provide the necessary storm water monitoring services at the Pittsylvania County Landfill for the next fiscal year, beginning July 1, 2013, for a lump sum of $7,000 and an additional estimated $2,500 in laboratory fees, for a total estimated cost of $9,500, but that the landfill groundwater monitoring program for Phase I and Phase II be put out to bid by Requests For Proposals (RFP) which was unanimously approved by the Board. P21 Regular Meeting August 5, 2013 Motion was made by Ms. Bowman, seconded by Mr. Barksdale, to ratify a sole source purchase of the Sandvik Coromant tools in the amount of $22,733.50 from Master Gage & Tool Co. of Danville, Virginia and charge the purchase to 325 -4- 081004 -8102 Tobacco Grant/Vo- Tech Precision Machining Project, which was unanimously approved by the Board. Motion was made by Mr. Barksdale, seconded by Ms. Bowman, to approve Resolution 2013- 08 -07, supporting the request to the Department of Conservation and Recreation that the Banister River designation as a Virginia Scenic River be extended, and authorize the County Administrator to forward the resolution to the Department of Conservation and Recreation and request our local General Assembly representatives to serve as patrons for legislation to codify the new limits of the designation, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS SCENIC RIVER DESIGNATION — BANISTER RIVER RESOLUTION 2013 -08 -07 VIRGINIA: At a meeting of the Pittsylvania County Board of Supervisors on Monday, August 5, 2013 in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following resolution was presented and adopted: WHEREAS, the Virginia Scenic Rivers Program was enacted by the Virginia General Assembly in 1970 for the purpose of identification, protection, and preservation of certain rivers, or sections of rivers, which possess high quality natural beauty; and WHEREAS, the Virginia Department of Conservation and Recreation has been charged with administering the Scenic Rivers Program and developing an objective evaluation process to judge the suitability of river segments; and WHEREAS, several Pittsylvania County residents joined staff from the Virginia Department of Conservation and Recreation to visit the Banister River and evaluate its eligibility for Scenic River designation; and WHEREAS, the Virginia Department of Conservation and Recreation completed its evaluation and determined that the portion of the Banister River under review in Pittsylvania County was found to qualify as a Virginia Scenic River; then THEREFORE, BE IT RESOLVED, that the Pittsylvania County Board of Supervisors does hereby support the designation of the Banister River, from the Route 29 bridge in Pittsylvania County to the point where the Banister River leaves the County at the Pittsylvania/Halifax County line, as a Virginia Scenic River; and NOW, THEREFORE, BE IT FURTHER RESOLVED, that Pittsylvania County will contact our General Assembly representatives to request that they serve as patrons for the legislation that will codify the Scenic River designation. P22 Regular Meeting August 5, 2013 Motion was made by Mr. Snead, seconded by Ms. Bowman, to appropriate $185,343.85 to the Volunteer Fire and Rescue Communication Equipment line item (100 -4- 032200 -8103) and $16,000.00 be appropriated to the Volunteer Fire and Rescue -Data Management Software line item (100 -4- 032200 - 8104), which required a 10 -Day Layover. Motion was made by Mr. Barksdale, seconded by Mr. Snead, to appropriate an additional $8,125.00 to the Commissioner of Revenue's budget from the State Compensation Board, which required a 10 -Day Layover. Motion was made by Mr. Hagerman, seconded by Mr. Barksdale, to amend the library state budget (250- 073300) by $6,705.00 and also appropriate these funds for expenditure. 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. Hagerman's motion was unanimously approved by the Board. Motion was made by Mr. Barksdale, seconded by Ms. Bowman, to reappropriate funds as follows: $199.67 to Clerk of Court- Copier Lease (100 -4- 021600 - 60051), $215.30 to Sheriff - Subsistence & Lodging (100 -4- 031200 - 5530), $60.00 to Sheriff -Parts (100 -4- 031200 - 6030), $300.56 VFD- United Way Contributions (100 -4- 032200 - 5567), $1,339.29 to Jail- Extradition (100 -4- 033100 - 5550), $2,551.00 to E911- Telephone (100 -4- 035500 - 5230), $7,523.76 to WIA- Rent (251-4-353160-5420), $4,125.14 to Landfill- Engine Accessories (520 -4- 042300 - 6032). This motion required a 10 -Day Layover. Motion was made by Mr. Hagerman, seconded by Mr. Harville, to send the Regional One contract renewal to the Fire and Rescue Committee, which was unanimously approved by the Board. Motion was made by Mr. Barksdale, seconded by Mr. Snead, to approve Resolution 2013- 08 -01, requesting the Virginia Department of Transportation to accepting the re- aligned road on State Road 1140 due to the construction on U.S. Route 58, which was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2013 -08 -01 The Board of Supervisors of Pittsylvania County, in regular meeting on the 51h day of August, 2013, adopted the following: WHEREAS, the Virginia Department of Transportation has completed project 6058- 071 -E15, C504), and WHEREAS, the project sketch and VDOT Form(s) AM4.3, attached and incorporated herein as part of this resolution, defines adjustments required in the Secondary System of State highways as a result of construction, and P23 Regular Meeting August 5, 2013 WHEREAS, certain segments identified on the incorporated Form AM4.3 appear to no longer serve public convenience and should be abandoned as a part of the Secondary System of State Highways, and WHEREAS, certain segments identified on the incorporated Form AM4.3 are ready to be accepted into the Secondary System of State Highways, and NOW THEREFORE, BE IT RESOLVED, this board hereby requests the Virginia Department of Transportation to take the necessary action to abandon those segments identified on the attached AM4.3 Form and project sketch as a part of the Secondary System of State Highways, pursuant to §33.1 -155, Code of Virginia, 1950, as amended, and BE IT FURTHER RESOLVED, this board requests the Virginia Department of Transportation to add the segments identified on the incorporated Form AM4.3 to the Secondary System of State highways, pursuant to §33.1 -229 of the Code of Virginia, for which sections this Board hereby guarantees the right of way to be clear and unrestricted, including any necessary easements for cuts, fills, and drainage, and BE IT FINALLY RESOLVED that a certified copy of this resolution be forwarded to the Virginia Department of Transportation. Motion was made by Mr. Snead, seconded by Mr. Barksdale, to authorize the County Administrator to sign a Change Order submitted by Gamewood - Kimbanet, the County's E -911 700Mhz Radio System contractor for the new tower sites, for required structural modifications to the Smith Mountain Williams Pipeline - Transco Tower Site in the amount of $89,022.00 that will be paid from the E -911 Loan Proceeds. Mr. Snead's motion was unanimously approved by the Board. Motion was made by Mr. Hagerman, seconded by Mr. Harville, to appoint Ms. Marie Young as the Callands- Gretna District representative to the Danville - Pittsylvania Community Services Board of Directors, which was unanimously approved by the Board. Board Announcements Mr. Ecker directed that Mr. Barber set a Solid Waste Committee meeting, and directed Mr. Hagerman to set a Fire and Rescue Committee meeting. Closed Session Motion was made by Mr. Barksdale, seconded by Mr. Snead, to enter into Closed Session for the following: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiation or litigating posture of the public body; and consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. Authority: §2.2- 3711(A)(7) of the Code of Virginia, 1950, as amended Subject Matter: Barbara Hudson vs. Pittsylvania County Board of Supervisors Purpose: Briefing by Legal Counsel Mr. Barksdale's motion was unanimously approved by the Board and they entered into Closed Session as 7:54pm. P24 Regular Meeting August 5, 2013 Motion was made by Mr. Snead, seconded by Mr. Barksdale, 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 Monday, August 5, 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. 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 Mr. Snead's motion was unanimously approved by the Board and they re- entered into Open Session at 8:03pm. Adjournment Motion was made by Mr. Barksdale, seconded by Mr. Snead, to adjourn the meeting, which was unanimously approved by the Board. The meeting adjourned at 8:04pm. Marshall A. Ecker, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors P25 Adjourned Meeting August 20, 2013 Pittsylvania County Board of Supervisors Tuesday, August 20, 2013 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, August 20, 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 7:01 p.m. The following members were present: Marshall Ecker Coy E. Harville James Snead Jessie L. Barksdale Jerry A. Hagerman Tim Barber Staunton River District Westover District Dan River District Banister District Callands- Gretna District Tunstall District The Honorable Brenda H. Bowman, Chatham - Blairs District, was absent due to illness. Mr. William D. Sleeper, County Administrator, Mr. J. Vaden Hunt, County Attorney, Mr. Odie H. Shelton, Jr., Director of Code Compliance, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Ms. Ecker led the Pledge of Allegiance. Approval of Agenda Motion was made by Mr. Harville, seconded by Mr. Barksdale to approve the agenda, which was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Hearing of the Citizens Larry Evans of the Staunton River District and Pastor for the Altavista Church of Christ gave his support to the Board of Supervisors concerning its current court case and offered a word of prayer. Don Scearce of the Chatham - Blairs District made comments concerning his charge for dumping illegal materials at a compactor site and comments on his upcoming court case, felt there were problems with Chapter 17 of the County's ordinances on what is and is not legal to dump at compactor sites, and submitted pictures of the signs posted at compactor sites and his opinion of their inadequacies. Wayne Robertson of the Chatham- Blairs District, and School Board Representative for the Chatham - Blairs District, gave his personal views (not coming to represent the School Board) in the event of the development of industries at the Berry Hill Mega Park, and employment at those industries leads to population growth in the County, there could be a need for another high school, and it is Mr. Robertson's hopes that the County would consider not disposing of the Blairs Community Center property so that it could be developed, if necessary, as a location for an additional high school. This concluded the Hearing of the Citizens. P26 Adjourned Meeting August 20, 2013 Consent Agenda Motion was made by Mr. Harville, seconded by Mr. Snead to approve the Consent Agenda, which was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Consent Agenda: (a) Presentation of Resolution - Dr. Carlyle Ramsey (b) Authorize Sale of Surplus Property Dr. Ramsey was in attendance and accepted the resolution from the Board of Supervisors concerning his recent retirement, thanking the Board. This resolution, 2013 -07 -02 had been approved by the Board of Supervisors at their regular meeting on July 1, 2013. Public Hearings Rezoning Cases Case 1: Marion Baptist Church & Parsonage — Callands /Gretna District; R -13 -044 Mr. Ecker opened the public hearing at 7:19pm. Mr. Shelton explained that Marion Baptist Church & Parsonage had permitted to rezone a total of 2.874 acres, two parcels of land, located on State Road 605/Marion Road, in the Callands- Gretna Election District from R -1, Residential Suburban Subdivision District to A4, Agricultural District (to combine with the adjacent parcels of land zoned A -1). The Planning Commission, with no opposition, recommended granting the petitioner's request. No one was present to represent the case and no one signed up to speak. Mr. Ecker closed the public hearing 7:20pm. Mr. Hagerman made a motion, seconded by Mr. Barber, to rezone Case R -13 -044 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- Absent; Mr. Barber -Yes; Mr. Harville -Yes; and Mr. Ecker -Yes. Mr. Hagerman's motion to rezone Case R- 13 -044 from R -1 to A -1 was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Case 2: Teresa J. Burnette — Westover District; R -13 -045 Mr. Ecker opened the public hearing at 7:22pm. Mr. Shelton explained that Teresa Burnette had petitioned to rezone 0.37 of an acre, located on State Road 1009/Bennett Street, in the Westover Election District from B -2, Business District, General to R -1, Residential Suburban Subdivision District (for her personal residence). The Planning Commission, with no opposition, recommended granting the petitioner's request. Ms. Burnette was present to represent the petition and no one signed up to speak. Mr. Ecker closed the public hearing at 7:22pm. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve rezoning Case R -13 -045 from B- 2 to R -1 and the following Roll Call Vote was recorded: Mr. Barksdale -Yes; Mr. Hagerman- Yes; Ms. Bowman- Absent; Mr. Barber -Yes; Mr. Harville -Yes; Mr. Snead -Yes; and Mr. Ecker- Yes. Mr. Harville's motion to rezone Case R -13 -045 from B -2 to R -1 was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Case 3: Calvin E. Williams & Leonie Williams — Tunstall District; R -13 -046 Mr. Ecker opened the public hearing at 7:24pm. Mr. Shelton explained that Calvin & Leonie Williams had petitioned to rezone 5.83 acres, located on State Road 622 /West Fork Road, in the Tunstall Election District from RC -1, Residential Combined Subdivision District to A -1, Agricultural District (to subdivide the parcel for family members). The Planning Commission, with no opposition, recommended granting the petitioners' request. Russell Nixon, surveyor, was present to represent the petitioners' request. No one signed up to speak and Mr. Ecker P27 Adjourned Meeting August 20, 2013 closed the public hearing at 7:26pm. Motion was made by Mr. Barber, seconded by Mr. Barksdale, to approve rezoning Case R -13 -046 from RC -1 to A -1 and the following Roll Call Vote was recorded: Mr. Hagerman-Yes; Ms. Bowman- Absent; Mr. Barber -Yes; Mr. Harville- Yes; Mr. Snead -Yes; Mr. Barksdale -Yes; and Mr. Ecker -Yes. Mr. Barber's motion to rezone Case R -13 -046 from RC -1 to A -1 was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Case 4: Leonard A. Murray & Janet E. Murphy — Callands /Gretna District; R -13 -047 Mr. Ecker opened the public hearing at 7:27pm. Mr. Shelton explained that Leonard Murray and Janet Murphy had petitioned to rezone 0.49 of an acre, located on Munsons Road, in the Callands- Gretna Election District from MHP, Residential Manufactured Housing Park District to A -1, Agricultural District (to make the zoning consistent with the adjacent parcel of land zoned A -1). The Planning Commission, with no opposition, recommended granting the petitioners' request. Mr. Murray was present to represent the petition. No one signed up to speak and the following Roll Call Vote was recorded: Ms. Bowman- Absent; Mr. Barber -Yes; Mr. Harville- Yes; Mr. Snead -Yes; Mr. Barksdale -Yes; Mr. Hagerman-Yes; and Mr. Ecker -Yes. Mr. Hagerman's motion to rezone Case R -13 -047 from MHP to A -1 was unanimously approved by the Board with the exception of Ms. Bowman who was absent. This concluded the Rezoning Cases. Presentations Ms. Laurie Moran, Executive Director for the Danville - Pittsylvania Chamber of Commerce, and Ms. Kate Farmer, Business Services Manager for the Danville - Pittsylvania Chamber of Commerce, presented the FY2012/13 annual report on Workforce Investment Program under the West Piedmont Planning District. The Honorable H.F. Haymore, Clerk of Court for the Pittsylvania County Circuit Court, presented the Board of Supervisors with a commemorative copy of the Harlan Bible gifted to the Board of Supervisors from the American Judicial Alliance of Retired Judges of America. The original Harlan Bible has been used to swear in every Supreme Court Justice of the United States since 1906. Pittsylvania County has been the first and only local government to receive this commemorative gift. Motion was made by Mr. Snead, seconded by Mr. Barksdale, to approve Resolution 2013- 08 -08, which thanks the American Judicial Alliance of Retired Judges of America for their gift of a commemorative edition of the Harlan Bible to the Pittsylvania County Board of Supervisors and authorize the County Administrator to forward a copy to the Honorable Judge Darrell White, President of the Retired Judges of America, which was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Vitt .5ptbania Countp goarb of *uperbiors; RESOLUTION 2013 -08 -08 VIRGINIA: In the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia, the following resolution was presented and adopted by the Pittsylvania County Board of Supervisors at their adjourned meeting held on Tuesday, August 20, 2013: I Adjourned Meeting August 20, 2013 WHEREAS, the Honorable John Marshall Harlan, I, felt the need to have the Justices of the Supreme Court understand their ceremonial judicial oath, presenting to the Supreme Court of the United States a bible representing the inspiration of the Justices to administer justice without respect to persons; and WHEREAS, this bible has become known as the Harlan Bible maintained by the Supreme Court Curator; the Harlan Bible has been signed by over 60 Justices since 1906; none have declined the invitation to sign this bible; and WHEREAS, the representation of the Harlan Bible to the Courts of America represent the integrity of John Marshall Harlan's legacy requiring that those who are charged with the responsibility of interpreting and carrying out the law, do so in line with the inspirational directives of their judicial oath of office, administering justice without respect to persons and ending the mandatory oath with "so help me God ". and WHEREAS, the Retired Judges of America, working through the American Judicial Alliance, has presented bibles to Courts throughout America since 2007 as commemorative references to the Harlan Bible maintained by the Supreme Court; and WHEREAS, the presentation of these bibles being ceremonial in nature should inspire the recipients; that this bible is virtually identical to the bible presented to the United States Supreme Court by Justice John Marshall Harlan, I, in 1906; and WHEREAS, the Retired Judges of American, through the American Judicial Alliance, has chosen to make a presentation to the Pittsylvania County Board of Supervisors of a commemorative copy of the Harlan Bible; and WHEREAS, this presentation is the first presentation of the Retired Judges of America, through the American Judicial Alliance, of a commemorative Harlan Bible to a local government; then BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors express their sincere appreciation for the honor given to them by the Retired Judges of America, through the American Judicial Alliance, of this presentation representing the influence that the bible has had on the American way of life and the principles of its government since the Founding Fathers; and BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Retired Judges of America for their consideration of the Pittsylvania County Board of Supervisors. Unfinished Business At the Board of Supervisors' regular meeting on August 5, 2013, a motion was made by Mr. Barksdale, seconded by Ms. Bowman, for the reappropriation of funds as follows: $199.67 to Clerk of Court- Copier Lease (100 -4- 021600 - 60051), $215.30 to Sheriff - Subsistence & Lodging (100 -4- 031200 - 5530), $60.00 to Sheriff -Parts (100 -4- 031200 - 6030), $300.56 VFD- United Way Contributions (100 -4- 032200 - 5567), $1399.29 to Jail- Extradition (100-4-033100- 5550), $2,551.00 to E911- Telephone (100 -4- 035500 - 5230), $7,523.76 to WIA -Rent (251 -4- 353160-5420), $4,125.14 to Landfill- Engine Accessories (520 -4- 042300 - 6032). This motion required a 10 -Day Layover that had now been met and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Harville -Yes; Mr. Snead -Yes; Mr. Barksdale -Yes; Mr. Hagerman-Yes; Ms. Bowman- Absent; and Mr. Ecker -Yes. Mr. Barksdale's motion was unanimously approved by the Board with the exception of Ms. Bowman who was absent. P29 Adjourned Meeting August 20, 2013 At the Board of Supervisors' regular meeting on August 5, 2013, a motion was made by Mr. Snead and seconded by Ms. Bowman, that $185,343.85 be appropriated to Volunteer Fire and Rescue Communication Equipment line item (100 -4- 032200 -8103) and $16,000 be appropriated to Volunteer Fire and Rescue -Data Management Software line item (100- 4- 032200- 8104). This motion required a 10 -Day Layover that had now been met and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Harville -Yes; Mr. Snead -Yes; Mr. Barksdale -Yes; Mr. Hagerman-Yes; Ms. Bowman- Absent; and Mr. Ecker -Yes. Mr. Snead's motion was unanimously approved by the Board with the exception of Ms. Bowman who was absent. At the Board of Supervisors' regular meeting on August 5, 2013, a motion was made by Mr. Barksdale and seconded by Ms. Bowman to appropriate an additional $8,125 to the Commissioner of Revenue's budget from the State Compensation Board. This motion required a 10 -Day Layover that had now been met and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Harville -Yes; Mr. Snead -Yes; Mr. Barksdale -Yes; Mr. Hagerman-Yes; Ms. Bowman- Absent; and Mr. Ecker -Yes. Mr. Barksdale's motion was unanimously approved by the Board with the exception of Ms. Bowman who was absent. New Business Motion came from the Fire and Rescue Committee to continue the current contract with Regional One during the negotiation process of a new contract, which was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Motion came from the Fire and Rescue Committee to approve the Med3000 Addendum to the current Business Associate Agreement between Med3000 and Pittsylvania County in order to ensure compliance with the Health Insurance Portability and Accountability Act (HIPPA) of the Omnibus Final Rule effective March 26, 2013, and authorize the County Administrator to sign all necessary documentation, which was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Motion came from the Solid Waste Committee to carry out the existing working contract dated July 1, 2013 through June 30, 2014, with Dewberry of Danville for Groundwater monitoring for Phase I and Phase II, including laboratory fees, for the Pittsylvania County Landfill, DEQ Permit #571, at a cost totaling $89,000; and authorize the County Administrator to sign all necessary documentation, which was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Motion was made by Mr. Barksdale, seconded by Mr. Snead, to approve a transfer of $7,100.00 from the non - departmental budget to the Library budget to cover the part-time salaries at the Welcome Center, which was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Motion was made by Mr. Barksdale, seconded by Mr. Snead, to carryover $3,877.29 received by the Circuit Court in May 2013 from the Compensation Board and amend and appropriate that amount to the FY2013/14 line item 100-4-021600-3161 of the Circuit Court Clerk's Office. The following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Harville -Yes; Mr. Snead -Yes; Mr. Barksdale -Yes; Mr. Hagerman-Yes; Ms. Bowman- Absent; and Mr. Ecker- Yes. Mr. Barksdale's motion was unanimously approved by the Board with the exception of Ms. Bowman who was absent. P30 Adjourned Meeting August 20, 2013 Motion was made by Mr. Snead, seconded by Mr. Barksdale, to award a bid on the Sheriff's Department uniforms to Best Uniforms with a lump sum bid of $29,720.00, which was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Motion was made by Mr. Snead, seconded by Mr. Barber, to approve Change Order #1 on the installation of the Moses Building Standby Generator in the amount of $4,350.00, authorize the County Administrator to sign all necessary documentation, and directed the County Administrator to send a letter to both Dewberry of Danville, engineers for the project, and Elliot Electric Service, Inc., contractors for the project to share the cost in reimbursing the County for the $4,350.00 change order since the Board felt both should have contacted Dominion Power as the service provided and gotten Dominion's requirements for service connection, which was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Appointments Motion was made by Mr. Harville, seconded by Mr. Snead, to approve Ms. L. Ann Cassada, and Ms. Robin Haymore as Mr. James McDaniel's official designees on the Pittsylvania County Community Policy Management Team, which was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Motion was made by Mr. Barksdale, seconded by Mr. Snead, to appoint Ms. Linda Simpson as the Town of Hurt's representative on the Pittsylvania County Public Library Board of Trustees for a 4 -year term that will begin immediately and end on June 30, 2017, which was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Motion was made by Mr. Barksdale, seconded by Mr. Harville, to re- appoint Mr. Wayne T. Wheeler to the Pittsylvania County Road Viewers as the Staunton River District representative for a 4 -year term that would run from August 6, 2013 through August 5, 2017, which was unanimously approved by the Board with the exception of Ms. Bowman who was absent. Adiournment Motion was made by Mr. Barksdale, seconded by Mr. Snead, to adjourn, which was unanimously approved by the Board. The meeting ended at 8:13pm. Marshall A. Ecker, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors P31 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Proclamation — Countywide Cleanup Month SUBJECT/PROPOSAL/REQUEST: Proclamation STAFF CONTACT(S): William D. Sleeper AGENDA DATE: 09 -03 -2013 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: 5(c) INFORMATION: INFORMATION: BACKGROUND: The Pittsylvania County Beautification Committee is working to have a countywide cleanup during the month of October. To support the Beautification Committee, the Board of Supervisors is making a proclamation concerning countywide cleanup. DISCUSSION: Attached hereto, you will find a proclamation from the Pittsylvania County Board of Supervisors for the countywide cleanup for October 2013. The proclamation contains a special action by the Board of Supervisors for the citizens to bring in any of their trash to the landfill on Saturday, October 19, 2013 from the hours of 10:00am until 2:00pm, waiving the tipping for the citizens to bring in their trash to the landfill. The County is only limited by the items it can take in at the landfill that must be non - hazardous and permitted under the County's permit. RECOMMENDATION: Staff recommends the Board of Supervisors pass the proclamation after they have passed Item #12, which establishes the special wavier of tipping fees to citizens on Saturday, October 19, 2013. P32 Vitt .5plbania Countp boarb of *uperbioors; Proclamation COUNTYWIDE CLEANUP During October 2013 "Keeping Our Communities Clean" Whereas, Pittsylvania County is rich in beauty and natural resources; and Whereas, the Board of Supervisors of Pittsylvania County and the Pittsylvania County Beautification Committee strive to improve the quality of life in our community through enhanced community awareness, education, and public /private partnerships working together on projects that keep our environment clean and free of debris, beautify our neighborhoods and public spaces, and instill pride and a sense of ownership in our community; and Whereas, every citizen can contribute to the protection and preservation of the beauty of Pittsylvania County by participating in a countywide cleanup campaign; and Whereas, Pittsylvania County Citizens realize a cleanup effort is needed to display pride in our community for ourselves, our visitors, and for industrial prospects; and Whereas, a countywide cleanup campaign will engage individuals to take greater responsibility for improving their community's environment through the three main focus areas of litter prevention, waste reductions and recycling, and beautification; and Whereas, the Pittsylvania County Board of Supervisors will sponsor a "Take Your Trash to the Landfill On Us "from 10:00am until 2:06pm on Saturday, October 19, 2013, waiving tipping fees for citizens bringing their trash to the landfill on that day; then Now, Therefore, Be It Proclaimed, that the Pittsylvania County Board of Supervisors proclaims October 2013 as Countywide Cleanup Month in Pittsylvania County, Virginia, and encourages all communities, civic and professional groups, businesses, churches, schools, families and individual citizens to take an active role in making the communities in Pittsylvania County a more beautiful place to live, work and play. Given under my hand this day 3rd day of September, 2013. Marshall A. Ecker, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors P33 PRESENTATIONS P34 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Introduction of new Pittsylvania County Service Authority (PCSA) Director SUBJECT/PROPOSAL/REOUEST: Introduction of new PCSA Executive Director STAFF CONTACT(S): William D. Sleeper AGENDA DATE: 09 -03 -2013 ACTION: No CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: 6 INFORMATION: INFORMATION: BACKGROUND: Since the retirement of Temple Moore, the Pittsylvania County Service Authority has had an acting director for approximately a year or more. A selection committee did a search for a new executive director. The PCSA has chosen a new executive director. His name is Christopher D. Adcock, P.E. Chris Adcock has been an engineer working in the Danville - Pittsylvania County area since he graduated from Virginia Tech. Mr. Adcock has worked for the City of Danville in their Water & Gas Department, worked as an engineer with Riverside Roof Truss, Inc., worked with Blair Construction out of Gretna, Virginia, and most recently as a Project Manager with Reynolds -Clark Development, Inc. out of Gretna, Virginia. Mr. Adcock is a civil engineer and is a professional licensed engineer in Virginia and North Carolina. RECOMMENDATION: Staff submits the introduction of Christopher D. Adcock, P.E., new Executive Director of the Pittsylvania County Service Authority. P35 Christopher D. Adcock, P.E. Education: B.S. /Civil Engineering/Virginia Tech/1991 Registration: 1996/Professional Engineer /VA and NC Experience: October, 2004 — Present, Sr. Project Manager, Reynolds -Clark Development, Inc. • Design a wide variety of civil engineering projects including site development, utility infrastructure improvements, transportation enhancement and solid waste handling. • Manage projects from design phase through construction including site inspection, pay request review and conflict resolution. June, 2011— September, 2004, Estimator, Blairs Construction, Inc. • Cost estimator for multi - million dollar industrial and institutional building projects. • Analyzed over - budget project Value engineering team member for bid projects that exceeded owner's budget. June, 1999 — June, 2001, Design/Sales Engineer, Riverside Roof Truss, Inc. • Hired to increase sales in the engineered lumber market. • Responsible for design, estimating and drawing production of all engineered lumber projects. • Maintained engineered lumber inventory. • Design and estimating of commercial and residential metal - plated, wood truss projects. November, 1996 —June, 1999, Senior Water and Gas Engineer, City of Danville, VA • Responsible for the infrastructure design and planning of the City water and natural gas distribution systems. • Oversaw the preparation of construction plans, specifications, and project cost estimates. • Coordinated work assignments of engineering design consultants and construction contractors. • Prepared easements and permits for water and gas line construction • Supervised work duties of engineering office staff. • Hired as permanent Water Engineer in July 1997, but retained the duties of natural gas distribution while office was seeking an additional engineer. Activities: Scout Master, Boy Scouts of America Committee Member, Southside Virginia Bike Association Graduate, Leadership Southside IV Graduate, City of Danville Management Excellence Program Past President, Danville Chapter of the Virginia Tech Alumni Association Treasurer, German Club of Danville Executive Committee, Danville Bright Leaf Brew Fest P36 NEW BUSINESS P37 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Recommendations from the Capital Improvements Plan Subcommittee SUBJECT/PROPOSAL/REQUEST: Subcommittee Report to the full Finance Committee STAFF CONTACT(S): William D. Sleeper AGENDA DATE: 09 -03 -2013 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: 7 INFORMATION: INFORMATION: BACKGROUND: The Finance Committee of the Board of Supervisors appointed a subcommittee to review and develop a Capital Improvements Plan for the Board of Supervisors to be able to calculate and prepare for necessary improvements in the budgeting process for capital outlay projects. DISCUSSION: The Subcommittee for Capital Improvements will make a submission to the full Finance Committee following its final review and recommendations of a Capital Improvements Plan. The Finance Committee will review the Capital Improvements Plan and make recommendations to the full Board of Supervisors for the adoption of the plan, including the required finances. RECOMMENDATION: Staff submits that the Subcommittee of the Capital Improvements Plan of the Finance Committee will meet on Tuesday, September 3, 2013 in the Captain Martin Building located a 1 Center Street in Chatham, Virginia, at 5:00pm to discuss a proposed Capital Improvements Plan to be submitted to the full Finance Committee. P3S CAPITAL IMPROVEMENTS PLAN SUBCOMMITTEE of the Pittsylvania County Board of Supervisors Tuesday, September 3, 2013 5:00 PM Main Conference Room Captain Martin Building 1 Center Street Chatham, Virginia AGENDA 1. Call to Order 5:00 pm 2. Roll Call 3. Approval of Agenda 4. New Business (a) Proposed Capital Improvements Plan 5. Adjournment P39 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Tobacco Indemnification Commissioner (TIC) Project Tire Grant — Appropriation - Requires a Roll Call Vote SUBJECT/PROPOSAL/REOUEST: Appropriation of Tobacco Funds for Grant #2695 for Project Tire - Facility Construction STAFF CONTACT(S): BACKGROUND: AGENDA DATE: 9 -03 -13 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: 8 INFORMATION: INFORMATION: DISCUSSION: Pittsylvania County recently signed grant agreements as grantee for Tobacco Grant #2695- Project Tire - Facility Construction in the amount of $1,000,000. These funds need to be appropriated to the Economic Development Fund in order to properly administer this grant. A total of $42,000 will be transferred from Economic Development Industrial Incentives to the Project Tire grant as the County's share in supporting this economic development venture. RECOMMENDATION: Staff recommends that the Board amend the Economic Development budget and appropriate $1,000,000 of Tobacco Funds to the Project Tire - Facility Construction Grant and approve the transfer of $42,000 from Industrial Incentives to support this project. THIS ITEM REQUIRES A ROLL CALL VOTE. WE TICRC OFFICE USE ONLY Grant # 2695 GRANT AGREEMENT This Grant Agreement (this "Agreement ") made and entered this 23rd date of May, 2013 (the "Award Date "), by and between the Tobacco Indemnification and Community Revitalization Commission, a body corporate and political subdivision of the Commonwealth of Virginia (the "Commission "), and Pittsylvania County. (the "Grantee "). WITNESSETH: WHEREAS, the Virginia General Assembly created the Commission to, among other things, stimulate the economic growth and development of tobacco - dependent communities in the Southside and Southwest regions (the "Region ") of the Commonwealth of Virginia (the "Commonwealth "), and WHEREAS, the Grantee has submitted an application, which by this reference is incorporated herein and made a part of this Agreement (the "Application "), to the Commission for funding to acquire, construct, improve, equip, furnish and/or otherwise undertake the project entitled Project Tire - Facility Construction described on Exhibit A attached hereto (the "Project "), and WHEREAS, the Commission, in reliance upon the information set forth in the Application, has determined that the Project benefits the Region and is consistent with and in furtherance of the Commission's public purposes and approved a grant to the Grantee in the amount of $1,000,000.00 (the "Grant ") to fund the Project, the approval and funding of such Grant the Commission has determined constitutes a valid public purpose for the expenditure of public funds and is the animating purpose for the Grant, and WHEREAS, the Commission and the Grantee desire to set forth their understanding and agreement as to the use of the Grant and the obligations of the Grantee regarding the use of the Grant, NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises and undertakings of the parties to this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby represent, warrant, covenant and agree as follows: 1. Project and Budget. The Grantee agrees to use the Grant to provide funds for that portion of the Project not being paid from other sources as set forth in the budget for the Project attached hereto as Exhibit B (the "Project Budget "). No portion of the Grant shall be used for any purpose whatsoever other than the Project without the prior written approval of the Executive Director of the Commission (the "Executive Director "). No material changes shall be made in the scope of the Project or to the Project Budget without the prior written approval of the Executive Director. Any document signed by the Executive Director accepting a change in the scope of the Project or to the Project Budget shall set forth with specificity the accepted change. 6/27/13 . 1 - rev. 4/1/13 P41 If the maximum authorized amount of the Grant exceeds the amount necessary to complete the Project, the excess shall not be disbursed to the Grantee but shall remain with the Commission or, if previously disbursed, be returned to the Commission within thirty (30) days of the earlier of the completion of the Project or the expiration of this Agreement. The Grantee agrees to cause the Project to be acquired, constructed, improved, equipped, furnished and /or otherwise undertaken as described in Exhibit A and will cause the Project to be completed on or before the expiration of this Agreement. The Grant funds and funds available from the other sources specified in the Project Budget will be sufficient to cause the Project to be completed. The Grantee agrees to comply with any applicable governmental requirements pertaining to the Project and the use and application of Grant funds provided hereunder, including but not limited to, applicable requirements of the Virginia Public Procurement Act (Virginia Code Section 2.24300 et seq., as amended). 2. Payment of Grant Funds. Subject to the terms of this Agreement, including but not limited to, satisfaction by the Grantee, in the sole discretion of the Commission, of the conditions set forth on Exhibit C attached hereto, the Grant shall be disbursed on a reimbursement basis upon submission of a signed payment request on the Commission's then - current form ( "Payment Request Form ") with adequate supporting documentation. The Grantee agrees to comply with the Commission's General Funding Policies, Grant Disbursement Guidelines and Guidelines for Advance of Funds as adopted by the Commission as in effect from time to time and applied in the sole discretion of the Commission. Expenses incurred prior to the Award Date are not eligible for reimbursement. Prior to any disbursement, the Commission shall have on record documentation from the Grantee designating the officers, employees or agents authorized to make a reimbursement request (such documentation may be in the form of a resolution or minutes of the Grantee appointing such designee). Reimbursement requests shall be submitted not more frequently than quarterly, unless the Commission otherwise agrees. Appropriate supporting documentation shall be attached to all Payment Request Forms and may include, but is not limited to, invoices from goods purchased and services performed, receipts, vouchers, reporting forms or other evidence of the actual payment of costs related to the Project and consistent with the Project Budget. The Grantee shall also provide appropriate supporting documentation of the expenditure and application of any required matching funds for the Project as set forth on Exhibit C attached hereto. The Commission may in its sole discretion refuse to make a disbursement if the Grantee's documentation is not adequate or if such disbursement does not appear to be within the Project Budget or otherwise contrary to or in violation of the provisions hereof. The Commission in its sole discretion may refuse to disburse any funds to the Grantee if the Grantee has previously received a grant award and a final grant report for the previous grant award has not been received by the Commission. The Grantee may request in writing an advance of up to twenty-five percent (25 %) of the Grant if the Grantee lacks sufficient working capital to fund the Project. Approval of such request shall be in the sole discretion of the Commission and shall he available no earlier than ninety days (90) prior to the start of the Project. If an advance is disbursed, the Grantee may request additional disbursements only upon submission of signed Payment Request Forms with 6/11/13 -2- rev. 4/1/13 tU[ adequate supporting documentation for actual expenditures incurred for which the previous disbursement was used. 3. Quality of Work. The Commission, and its members, employees and agents, shall have the right to inspect the Project at reasonable times from time to time. Upon a determination that the quality of work done or the progress toward completion of the Project is unsatisfactory, the Commission may take whatever action is necessary to preserve the integrity of the Grant and its original intended purpose, including but not limited to, the actions set forth in Section 9 of this Agreement. The Project may be monitored through on -site visits by representatives of the Commission or in any other manner deemed appropriate by the Executive Director. 4. Parties' Relationship. In connection with the award or the administration of the Grant, the Commission does not and shall not assume any liability for any financial or other obligations of the Grantee made to third parties, whether or not related to the Project. The Grantee shall provide written notice to all vendors, contractors and any other party retained to work on the Project that neither the Commission nor the Commonwealth shall be liable for the Project or any payment failure or other obligation related thereto. Such written notice shall provide that by accepting work on the Project, all such vendors, contractors and other parties release and relinquish the Commission and the Commonwealth from any claim which might otherwise be asserted, and that each party accepting such work thereby indemnities and holds the Commission, and its members, employees and agents, harmless against any and all such obligations; and further, that if any action is brought against the Commission, or its members, employees or agents, the party accepting such work shall be liable for all legal expenses and other costs related to such action. The Grantee is and will be acting as an independent contractor in the performance of the Project, and agrees to be responsible, where found liable and to the extent not covered by insurance or specified by statute, for the payment of any claim for loss, personal injury, death, property damage, or otherwise arising out of any act or omission of its members, employees or agents in connection with the performance of the Project. Nothing contained herein shall be deemed an express or implied waiver of the sovereign immunity of the Commission or the Commonwealth. In the event the Commission is required to take legal action under this Agreement, the Grantee shall be liable for all of the Commission's costs expended for the administration and enforcement of this Agreement, including but not limited to, reasonable attorney's fees and court costs. 5. Recordkeeping. The Grantee shall maintain proper books of record and account with respect to the Grant and the Project in which accurate and timely entries shall be made in accordance with generally accepted accounting principles, consistently applied, during the term of this Agreement. Grant funds received from the Commission shall be held in a separate and segregated account (the "Fund ") and the Fund shall reflect all activity of the moneys received from the Commission for the Project, itemized by category of expenses in the same manner as in the Project Budget. The Grantee shall retain all invoices from goods purchased and services performed, receipts, vouchers, reporting forms or other evidence of the actual payment of costs related to the Project. All books of record and account and all records of receipts and expenditures with respect to the Grant and the Project and copies of Payment Request Forms 6/11/13 - 3 - rev. 4/1/13 P43 with supporting documentation and annual and final reports submitted to the Commission shall be retained for at least three (3) years after the later of the completion of the Project or the expiration of this Agreement. The Commission, and its members, employees and agents, shall have the right at reasonable times from time to time to inspect and make copies of the books and records of the Grantee and the Fund. 6. Annual Reports. The Grantee shall submit to the Commission annual financial and narrative reports reflecting activity in the Fund and progress made toward completion of the Project. Annual financial reports shall be presented on the Commission's grant reporting form then in effect (the "Grant Reporting Form "). Annual narrative reports shall indicate the progress trade toward achieving the goals of the Grant and shall be submitted with the Grant Reporting Form. Annual reports shall be due one year from the Award Date and annually thereafter until the Project is complete. The Commission reserves the right to request additional information to supplement the information provided in the Grant Reporting Fonn or the annual narrative reports, including but not limited to, the Grantee's audited financial statements. 7. Final Report. The Grantee shall provide a final financial and narrative report to the Commission within thirty (30) days of the earlier of the completion of the Project or the expiration of this Agreement. The final report shall contain the type of information contained in the annual reports, including a narrative as to the success of the Project and a description of the long -term achievements and expectations for the Project. The Commission may withhold final disbursement of up to ten percent (10 %) of the Grant until receipt of a final report that is in all respects satisfactory to the Commission. After the completion of the Project and expiration of this Agreement, the Commission may in its sole discretion require additional reporting on the long -term achievements and expectations of the Project. 8. Interim Reports. In addition to the annual reports and final report required by Sections 6 and 7 of this Agreement, the Commission may reasonably request that the Grantee submit additional or interim information from time to time to ensure that the provisions of this Agreement are properly carried out, administered and enforced. 9. Misuse of Award; Rights of Commission. If the Commission determines that any part of a Grant has not been used for the Project or for a purpose otherwise approved in writing by the Executive Director, or that the Grantee has failed to comply with any material terns or condition of this Agreement, including but not limited to, the Grantee complying with the reporting requirements of this Agreement or making in any material respect a false or misleading statement or other written or oral representation, warranty or statement furnished or made to the Commission in this Agreement, the Application or otherwise, the Commission in its sole discretion may withhold any further disbursements to the Grantee and, in addition: (a) rescind the Grant by written notice to the Grantee, in which event the Grantee shall be obligated to return to the Commission, within five (5) days following receipt of such notice, an amount, from legally available funds, equal to all Grant payments received pursuant to this Agreement, plus interest from the date of receipt of such notice at the prime rate set forth in the Wall Street Journal on the date of such notice; 6/11/13 -4- rev. 4/1/13 MI (b) require the Grantee to take whatever action at law or in equity the Commission may direct in order to recover any Grant funds not used for the actual payment of costs related to the Project and consistent with the Project Budget, and comply with any procedures that the Commission may direct in order to prevent further improper use of the Grant; (c) take any other action as necessary to preserve the integrity of the Grant and to preserve Grant funds for appropriate uses; (d) determine that the Grantee is ineligible to receive future grant funding through the Commission; (e) withhold any and all disbursements requested by the Grantee from the Commission under any other grant previously approved by the Commission; and /or (f) take such judicial action as is necessary to collect any amounts owed, including legal action for breach of this Agreement, pursuant to this Section or as otherwise provided in this Agreement. The Grantee agrees to pay the Commission's attorneys' fees and actual costs incurred in the collection of funds or for the enforcement of any obligations of the Grantee set forth in this Agreement. "the Commission reserves the right to modify or withhold any disbursement of Grant funds if the Commission in its sole discretion determines that it is necessary in order to protect the purposes and objectives of the Commission and the Grant or to comply with any law or regulation applicable to the Commission, the Grant and/or the Grantee. 10. Sale or Encumbrance; Security Interest. Until the Commission has determined that the public purposes of the Grant have been satisfied, none of the assets or property acquired, constructed, improved, equipped, and/or furnished as part of the Project shall be leased, sold, exchanged, disposed of, hypothecated, mortgaged or encumbered without the prior written approval of the Executive Director. In the event that such asset or property is leased, sold, exchanged, disposed of, hypothecated, mortgaged or encumbered without the prior written approval of the Executive Director, the Commission may assert its interest in the asset or property to recover the Commission's share of the value of such asset or property and /or recover from the Grantee, unless otherwise prohibited by law. Grantee hereby pledges, delivers and assigns to the Commission a security interest in, to and on all property purchased with the Grant, which security interest shall be held by the Commission to secure Grantee's full performance under this Agreement. Upon the request of the Commission, Grantee will execute, provide and sign all documents necessary to establish and /or perfect Commission's security interest in such property, including deeds of trust, supplemental deeds of trust, amendments or modifications hereto, financing statements, continuation statements or other instruments and documents which may he reasonably required 6/11/13 - 5 - rev. 4/1/13 P45 from time to time. The Commission will release its security interest upon Grantee's full performance under this Agreement, including, without limitation, Grantee's full compliance with all reporting requirements required herein, and once the Commission has determined that the public purposes of the Grant have been satisfied. 12. Future Funding. The Grant provided pursuant to this Agreement shall not be deemed to be an actual or implied promise of the Commission to fund the Project except as provided for herein. No representation by the Commission, or its members, employees or agents, shall be binding unless set forth in writing and signed by the Executive Director. In addition to the other remedies provided by law or in this Agreement, if the Grantee fails to comply with the terms of this Agreement, the Grantee shall not be entitled to additional funding for the Project. 13. Entire Agreement. To the extent there are inconsistencies between this Agreement and its supporting documents, including the Application and the exhibits attached hereto, this Agreement shall control. This Agreement expresses the entire understanding and all agreements between the Commission and the Grantee and may not be modified except in a writing signed by the Commission and the Grantee. 14. Governing Law; Jurisdiction; Venue. This Agreement shall be governed by the applicable laws of the Commonwealth. The venue of any judicial action shall be in the Circuit Court of the City of Richmond, Virginia, and such litigation shall only be brought in such court. 15. Limitation of Commission's Liability. Nothing herein shall be deemed to be a covenant, agreement or obligation of a present or future member of the Commission or of an employee or agent of the Commission. No member, employee or agent of the Commission shall incur any personal liability with respect to any action taken by him or her pursuant to this Agreement. 16. Severability. If any provision of this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof. 17. Public Documents. Unless specifically exempted pursuant to the Virginia Freedom of Information Act (Virginia Code Section 2.2 -3700 et seq., as amended), all reports, documents, financial data and other information provided to the Commission shall be public records. 18. Notices. Unless otherwise provided for herein, all notices, approvals, consents, correspondence and other communications pursuant to this Agreement shall be in writing and shall be deemed received upon receipt or refusal after mailing of the same in the United States Mail by certified mail, postage fully pre -paid or by overnight courier (refusal shall mean return of certified mail or overnight courier package not accepted by the addressee) to (a) the Commission at 701 East Franklin Street, Suite 501, Richmond, Virginia 23219, Attention: Executive Director, or (b) the Grantee at the address set forth below. 6 /11 /I3 -6- rev. 4/1/13 P46 11. Press Releases. The Grantee agrees that it shall not issue any press releases or other public statements regarding the Grant without the prior written consent of the Commission. 12. Future Funding. The Grant provided pursuant to this Agreement shall not be deemed to be an actual or implied promise of the Commission to fund the Project except as provided for herein. No representation by the Commission, or its members, employees or agents, shall be binding unless set forth in writing and signed by the Executive Director. In addition to the other remedies provided by law or in this Agreement, if the Grantee fails to comply with the terms of this Agreement, the Grantee shall not be entitled to additional funding for the Project. 13. Entire Agreement. To the extent there are inconsistencies between this Agreement and its supporting documents, including the Application and the exhibits attached hereto, this Agreement shall control. This Agreement expresses the entire understanding and all agreements between the Commission and the Grantee and may not be modified except in a writing signed by the Commission and the Grantee. 14. Governing Law; Jurisdiction; Venue. This Agreement shall be governed by the applicable laws of the Commonwealth. The venue of any judicial action shall be in the Circuit Court of the City of Richmond, Virginia, and such litigation shall only be brought in such court. 15. Limitation of Commission's Liability. Nothing herein shall be deemed to be a covenant, agreement or obligation of a present or future member of the Commission or of an employee or agent of the Commission. No member, employee or agent of the Commission shall incur any personal liability with respect to any action taken by him or her pursuant to this Agreement. 16. Severability. If any provision of this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof. 17. Public Documents. Unless specifically exempted pursuant to the Virginia Freedom of Information Act (Virginia Code Section 2.2 -3700 et seq., as amended), all reports, documents, financial data and other information provided to the Commission shall be public records. 18. Notices. Unless otherwise provided for herein, all notices, approvals, consents, correspondence and other communications pursuant to this Agreement shall be in writing and shall be deemed received upon receipt or refusal after mailing of the same in the United States Mail by certified mail, postage fully pre -paid or by overnight courier (refusal shall mean return of certified mail or overnight courier package not accepted by the addressee) to (a) the Commission at 701 East Franklin Street, Suite 501, Richmond, Virginia 23219, Attention: Executive Director, or (b) the Grantee at the address set forth below. 6 /11 /I3 -6- rev. 4/1/13 P46 19. Conditional Funding. In the event that disbursement of Grant funds is contingent upon the happening of an event or events described herein that have not yet occurred as of the Award Date, the Commission may withdraw the Grant if such event or events have not been substantiated with appropriate documentation satisfactory to the Commission within twelve (12) months of the Award Date. This Agreement is subject to the availability of Commission funds. If such funds become unavailable and the Commission is unable to obtain sufficient funds, this Agreement shall be amended or terminated, as appropriate. 20. Expiration. Thirty -six (36) months after the date on which the Grant is approved, the Grant shall be automatically rescinded with respect to all funds not yet disbursed by the Commission, unless an extension is granted in writing by the Commission. 21. Survival. The rights and remedies available to the Commission shall survive any expiration or termination of this Agreement, including but not limited to, Sections 4, 7, 9, 10 and 21. 22. Counterparts. This Agreement may be executed in counterparts, each of which shall be an original, and all of which together shall constitute but one and the same instrument. [Remainder of this page intentionally left blank. ] 6/11/13 - 7 - rev. 4/1/13 P47 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. TOBACCO INDEMNIFICATION AND COMMUNITY REVITALIZATION COMMISSION, a body corporate and political subdivision of the Commonwealth of Virginia Signature of Executive Director: Printed Name of Executive Director: Neal E. Noyes Date: Pittsylvania County Signature of Grantee's Chief Executive: Printed Name of Chief Executive: Zi/.��/¢J/fiJ Date: Grantee Information: Address / Phone m7a4 —"W %/V c- mai Federal ID APPROV D A& TQ FOR .i.`.AF�cN HUNT. ESQ. ATTORNEY, PITTSYLVANIA COUNTY 6/11/13 -8- rev. 4/1/13 Exhibit A Project Description TICRC funds will be used for the construction cost of a 40,000 - 45,000 square foot building to be located in Cane Creek Center. This new structure will house a recycling company. 6/11113 -9- rev. 4/1/13 P49 6/11/13 Project Budget 10- P50 Exhibit B rev. 4/1/13 TICRC Grant Application Budget Worksheet 1. vF�ncial loformadoa: Budged EKpendi0 limposed Pro eet Budge) I I( RC Funds state Local Federal Private In -Kind Total Matching Crand font Funds Personal Services (Salaries, Wages, Benefits, eta) Contnctual Services (A &E, Legal, Printing, Media, fmvaL framing, VC.) Supplies & Materials (Engineering Supplies, Building & Mechanical Repair, Supplies, Educational Supplies, etc) Continuum Charges (Insurance, Lease Pa ricnis, Utilities, etc.) Post erty & Improvements I Load Acquisition, Site Develo went. etc. Equipment (Computers, Phones, Fumiture, fixtures, Marawfuctun"s Nuipatem. etc Plant & Improvements; (Building Acquisition, Constmction/Rermvation, SI,000,0(N0.00 S488,]50.00 S1,211,250A0 $1,700,000.00 53,100,000 Or Transfer Payments (Seholarshi s, Ineemiveq etc.) Total Costs: S1,000,00mm 5488,750.00 S1,211,250.00 51,700,001 52,7110,0110.110 P51 Matching Funds Detail Requested TICRC Fund Details Local fords from the dropdown list) TICRC fiords will be and for the construction cost of a 40, 000 - 45,000 square foot building m be hated in Cam Cana Ceger. This sues 1. Descriptions (Enter a bsiefdescriplwn of how aauewe will house a m'yclag company. source of de matching funds) We TICRC funds will be used) m Had Nom the dropdown list) 2. Budget line Item Personal Services Contmchal Supplies & Contauous Praperry & Fgapmem %ant & Transfer Personal Semces Contactual Services Malerials CTargea Improvements & Imquovemenls Payments 6. Budget Wain hem Amined (Enter the i mowl Services Matenais Charges Im4novenenis Improvenenm SI,0W.000.00 6. Dodge line Item Amount (Enter the amm an of funds allocated to each budget line) of funds allocated to each budget line) 4. Two] Amount (Self Totalling) $1,000,000.00 Matching Funds Detail 1. Funding Type (.Select the type of matching Local fords from the dropdown list) 2. Agcy /LoWity Name (Enter the name the Piuo*y eu County source of de matching funds) 3. Status (Select the states of the matching funds m Had Nom the dropdown list) Local fads will be send for the conssuuctiun cost of is 40, 000 - 45.000 square foil building m be located in Case Crock Carla That view sburoue 4. Description (Enter a brief description of how will below s recycl ®g cmnpaoy the matching funds will be used) 5. Budget Line Item Description Personal Semces Contactual Supplies & Continuous Propety & proem Equipment & Transfer Services Matenais Charges Im4novenenis Improvenenm payments 6. Dodge line Item Amount (Enter the amm an of funds allocated to each budget line) 527,750.OD 7. Tonal Amount (Self Totaling) 527,750,00 Matching Fula Detail 1, Funding Type (Select the type of matching Loed funds fron the drop hnim list) 2. Agency /Locality Name (Enter the name the City of Danwlk source of the matching funds) 3. Sbtns (Select the seams of the matching funds money in HOW from the dropdown list) Local funds will be lead fa the emmuuxmn coon of a 4Q 000 - 45,000 square fool bolding to be located in Cane Credo Cams. This aesv sWchi e 4. Dewriptha (Enlefabdefdescnptionofhow will boom a recycling may, the matching funds will be used) 5. Budget Wne hem Description P¢rsond Services Contnctwl Supplies & Caminuws Prapemy & Equipment %ill & Transfer Smites Materials Charges hip, penis 1m)eo ants Payments 6. Budget Line Item Amount (Enter de anmum of funds allocated to each budget line) 1'�'� 7. Taml Amount (Self Tomlling) $461,000.00 Matching Funds Detail 1. Fording Type (Select the type of matching Federal funds from the drapdown list) 2. Agency/Locality None (Finer t e name the New Make Tats Crew -- interne of the matching furls) 3. Shales (Select the seams of the matching fads A09lication Intended from the dropdown list) New Make Taa Credits will be used his the consbuNion unit ofa 40000 - 45.000 square font buldog tube orated m Come. ibis van sbmtoe 4, rkscnption (Ewa a brief description ofhow will bonie a rtgrFimg Cingav . the matching funds will be used) 5. Budget Line Item Description Pasaral Services Contacted Supplies & Caviinuow Property & Equipment Plant & Tmnsfir Services Mahouts uts Charges Improvements Improvements Peysrcats 6. Budget Line Item Amount (Enter the amount of funds allocated to each budget line) $1,211,)50.00 7. Tonal Anatml (Self Totalling) $1,211,250.00 P52 Exhibit C Grant Conditions No less than 10% of the total Project Budget shall be funded by non- commission sources and satisfactory evidence thereof submitted to the Commission prior to disbursement of any Commission money. Un- approved applications to other funding sources are not satisfactory evidence 2 Staff recommends award of $1,000,000 contingent on the localities securing Project Tire and receiving commitments for the balance of construction costs. 6/27/13 - 1 I - rev. 4/1/13 P53 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY BACKGROUND: Attached is a AGENDA DATE: ITEM NUMBER: AGENDA TITLE: 9 -03 -13 9 Expenditure Refunds- Requires a motion and a 10 -day ACTION: INFORMATION: layover Yes budget so the SUBJECT/PROPOSAL/REOUEST: CONSENT AGENDA: ACTION: INFORMATION: Budget Amendment for expenditure refunds ATTACHMENTS: Yes STAFF CONTACT(S): REVIEWED BY: Sleeper, VanDerH de BACKGROUND: Attached is a list of expenditure refunds for the month of August 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. Staff recommends the reappropriation of funds as follows: $199.67 to Clerk of Courts- Copier Lease (100 -4- 021600- 60051), $2,802.40 to Sheriff -Parts (100 -4- 031200 - 6030), $2,540.46 to Sheriff -Svc Costs -Labor (1004-031200-6031), $278.13 to Jail- Extradition (100 -4- 033100 - 5550), $40.00 to Animal Control - Professional Services (100 -4- 035100- 3110)5 $2,551.00 to E911- Telephone (100 -4- 035500 - 5230), $260.00 to Library- Postage (100 -4- 073100 - 5210), $8,691.09 to Library - Employment Contract (100 -4- 073100 - 3171), $19,105.09 to WIA -Other Operating (251 -4- 353853- 6014), $55,024.00 to WIA - Refunds (251- 4- 353856- 5830), $398.00 to Memorial Gifts Fund -Books (265 -4- 073310 - 6012), $45,227.90 to Blairs Middle School Roof (310-4-094150-819133), $5,179.00 to Solid Waste Collections- Repairs & Maintenance (520- 4- 042300- 3310). THIS ITEM REQUIRES A MOTION AND A 10 -DAY LAYOVER. P54 Finance Department P.O. Box 426 Chatham, Virginia 24531 PITTSYLVANIA COUNTY VIRGINIA MEMO TO: William D. Sleeper, County Administrator FROM: Kim Van Der Hyde Finance Director SUBJECT: Expenditure Refunds DATE: August 30, 2013 Phone (434) 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 August. I am recommending that all of the following expenditure refunds be reappropriated by the Board of Supervisors: 100-4- 021600 -60051 Clerk of Courts- Copier Lease 199.67 Reimbursement 100-4- 031200 -6030 Sheriff -Parts 2,802.40 Insurance Reimbursement/Restitution 100 -4- 031200 -6031 Sheriff -Labor 2,540.46 Insurance Reimbursement 100 -4- 033100 -5550 Extradition 278.13 100 -4- 035100 -3110 Animal Control - Professional Services 40.00 Snake Adoption Fee 100 -4- 035500 -5230 E911- Telehpone 2,551.00 Intrado Reimbursement 100 -4- 073100 -5210 Library- Postage 260.00 Donation - Friends of the Library 100 -4- 073100 -3171 Library- Employment Contract 85691.09 Donations 251 -4- 353853 -6014 WIA -Other Operating 199105.09 Rent Payments 251 -3- 000000 - 150201 P55 251 -4- 353856 -5830 WIA- Refunds 55,024.00 Disallowed Cost - Reimbursed by the City of Martinsville 265 -4- 073310 -6012 Memorial Gifts Fund -Books 398.00 Donation- Friends of the Library 310 -4- 094150- 819133 Blairs Middle School Roof 45,227.90 Insurance Reimbursement 520 -4- 042300 -3310 SW Collections- Repairs & Maint 55179.00 Insurance Reimbursement TOTAL AUGUST EXPENDITURE REFUNDS $142,296.74 P56 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: 9 -03 -13 10 Library Fax Money Carryover- Requires a Roll Call Vote ACTION: INFORMATION: Yes SUBJECT/PROPOSAL/REOUEST: CONSENT AGENDA: Appropriation of carryover fax monies received at the ACTION: INFORMATION: Library during FY 2012 -2013 ATTACHMENTS: Yes STAFF CONTACT(S): Sleeper, Van Der Hyde I REVIEWED BY: BACKGROUND: The Library charges a fee for the use of the fax machines at the County libraries. The Library collected a total of $7,854.80 for the use of the fax machines at all branches of the County library during FY 2012 -2013. A total of $3,877.96 was used to balance the FY 2012 -2013 library operating budget. Attached is a letter from Diane Adkins, Library Director requesting the use of the remaining $3,976.84 of fax money to help fund the Library's current 2013 -2014 operating budget. They would like to use these funds to maintain the fax machines for the coming year. RECOMMENDATION: Staff recommends that the Board of Supervisors amend the library's budget and appropriate $3,976.84 to the telephone line item (100-4-073100-5230). THIS ITEM REQUIRES A ROLL CALL VOTE. P57 PITTSYLVANIA COUNTY PUBLIC LIBRARY 24 Military Drive Phone: 434 - 432 -3271 Chatham, VA 24531 Fax 434 - 432 -1405 www.pcplib.org To be submitted for approval to the Pittsylvania County Board of Supervisors at their next meeting From: Pittsylvania County Public Library In the FY2012 -2013 the library collected $7854.80 in fax monies (see attached sheet). We only transferred $3877.96 of that money to the operating budget. Usually we include a request for the entire amount at the end of the fiscal year. We are now asking for the remaining $3976.84 which was reverted back to the General Fund to be appropriated to us for the use of paper and toner and maintenance of the public fax machines. This money will need to be entered into the telephone account (100 -4- 073100 - 5230). P58 PITTSYLVANIA COUNTY PUBLIC LIBRARY DAILY PETTY CASH - ANNUAL SUMMARY AS OF THE MONTH OF: MAY 2013 ••^'ALL BRANCHES COMBINED*"" MONTH COPIES i1NES LOST BOOKS rAx Gifis ..L July, 2012 $ 1,895.09 $ 3,174.83 $ 683.66 $ 1,167.40 $ 2,066.91 $ 8,987.89 August, 2012 $ 1,023.74 $ 24030.73 $ 380.65 $ 1,134.00 $ 1,158.32 $ 5,727.44 September, 2012 $ 790.23 $ 947.08 $ 187.79 $ 588.00 $ 2,353.17 $ 4,866.27 October, 2012 $ 995.90 $ 1,249.48 $ 314.65 $ 553.00 $ 82.71 $ 3,195.74 November, 2012 $ 1,052.40 $ 1,445.55 $ 179.10 $ 817.40 $ 3,298.74 $ 6,793.19 December, 2012 $ 555.60 $ 616.70 $ 74.56 $ 423.00 $ 3,35127 $ 5,021.13 January, 2013 $ 403.30 $ 699.10 $ 166.89 $ 195.00 $ 507.90 $ 1,972.19 February, 2013 $ 1,274.10 $ 1,485.22 $ 333.16 $ 1,002.00 $ 687.00 $ 4,781.48 March, 2013 $ 547.50 $ 810.73 $ 77,81 $ 311.00 $ 2,638.69 $ 4,385.73 April, 2013 $ 1,483.60 $ 1,735.79 $ 149.20 $ 881.00 $ 276.86 $ 4,526.45 May, 2013 S, 999 25 $ 1,219.07 $ 156.81 $ 783.00 $ 209.69 $ 3,367.82 June, 2013 S - $ - 3 - 5 - $ 53,625.33 PREPARED BY: Susan Harbrook P59 FY2012 -2013 DATE: 812012013 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: 9 -03 -13 11 Local Emergency Planning Committee (LEPC) Carryover- Requires a Roll Vote ACTION: NFORMATION: Yes SUBJECT/PROPOSAL/REOUEST: CONSENT AGENDA: Local Emergency Planning Committee (LEPC) ACTION: INFORMATION: Carryover of donated funds ATTACHMENTS: No STAFF CONTACT(S): REVIEWED BY: Sleeper, VanDerH de BACKGROUND: The Pittsylvania County Local Emergency Planning Committee is a committee that was established to discuss All Hazards Planning for our locality. This group meets on a bi- monthly basis and is charged with the responsibility to review Tier II reports submitted by local companies and address potential hazards within our County. The committee also represents the County's new Citizen Corp Council. The role of this Council is to promote disaster preparedness, fire safety, disaster medical operations, search and rescue training, and the Community Emergency Response Team (CERT). The committee utilizes State grant funds to meet all of these requirements but have recently begun a campaign to solicit funds from industries within the community. This funding will be used by the committee to broaden plans for training objectives to emergency services organizations and further the public education campaign. DISCUSSION: At 6- 30 -13, Pittsylvania County LEPC had a balance of $849.24 from unspent contributions. Jim Davis has requested that these funds be carried over to the 2013 -2014 budget year so that the committee can continue to utilize these funds. RECOMMENDATION: Staff recommends that $849.24 be appropriated to the FY 2013 -2014 budget to the LEPC Expense line item (100 -4- 081200 -5679) to help with the expenses incurred by this committee for training and other related expenses. THIS ITEM REQUIRES A ROLL CALL VOTE. P60 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Solid Waste Disposal — Saturday, October 19, 2013 SUBJECT/PROPOSAL/REQUEST: Fee Waivers STAFF CONTACT(S): William D. Sleeper AGENDA DATE: 09 -03 -2013 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: No REVIEWED BY: ITEM NUMBER: 12 INFORMATION: INFORMATION: Members of the Board of Supervisors would like to have a special opening of the Pittsylvania County Landfill on Saturday, October 19, 2013 from 10:00am until 2:00pm, waiving the tipping fee to citizens who bring their trash to the landfill on that day. In order for the Board of Supervisors to pass their proclamation for Countywide Cleanup Month which includes the special opening of the landfill and the tipping fee waiver, the Board of Supervisors must vote to waive the tipping fees as identified above. RECOMMENDATION: Staff recommends the Board of Supervisors to pass a motion that waives the tipping fees for solid waste deposited by citizens at the Pittsylvania County Landfill on Saturday, October 19, 2013 from 10:00am until 2:00pm. This waiver is for citizens only and does not include commercial or contractor waste during that period. This requires a Roll Call Vote. P61 PITTSYLVANIA COUNTY Board of Supervisors AGENDA TITLE: Request for Special Election SUBJECT/PROPOSAL/REOUEST: Special Request STAFF CONTACT(S): William D. Sleeper EXECUTIVE SUMMARY AGENDA DATE: 09 -03 -2013 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: ITEM NUMBER: 13 INFORMATION: INFORMATION: BACKGROUND: The Honorable David Grimes, Commonwealth Attorney for Pittsylvania County since 1992, has given notice of his retirement effective December 31, 2013. With that, the Board of Supervisors must request that a special election be held for the Commonwealth Attorney's position in Pittsylvania County. State statute requires that the Chief Deputy step up to a vacant position and hold that position until a special election is held. Due to cost factors related to special elections, the Honorable David Grimes has requested the Board of Supervisors set the special election date for November 2014. RECOMMENDATION: Staff recommends the Board of Supervisors make a motion authorizing Legal Counsel to request from the County Circuit Court a special election in November 2014. P62 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Public Hearing — Community Development Block 09 -03 -2013 Grant (CDBG) Fund ACTION: SUBJECT/PROPOSAL/REOUEST: Yes Public Hearing CONSENT AGENDA: STAFF CONTACT(S): ACTION: William D. Sleeper ATTACHMENTS: Yes ITEM NUMBER: 14 INFORMATION: INFORMATION: BACKGROUND: Pittsylvania County, working with the City of Danville through the Regional Industrial Facilities Authority (RIFA), is working with an industrial prospect for a parcel of land in the Cane Creek Centre Industrial Park. With that, it is necessary to provide water and sewer to this particular site in order for it to be acceptable for an industry. The County is required to provide necessary utilities when the property is in the County therefore we are applying for a CDBG Grant for that funding. The Community Development Block Grant (CDBG) Program requires public hearings to be held when applications are made for CDBG Funds. This is a request for a public hearing to explain the proposed project and to receive input from citizens of Pittsylvania County concerning the CDBG Grants for site development purposes. Staff recommends the Board of Supervisors set a public hearing for Tuesday, September 17, 2013 in order to receive citizen input concerning CDBG Grant Funding for the Cane Creek Centre site development. P63 First Public Hearing Pittsylvania County Economic Development Project Project Tire Pittsylvania County will hold a public hearing on September xxx, 2013, at xxxxx p.m. at the County Offices located at 1 Center Street, Chatham, VA to solicit input on local community development and housing needs in relation to Community Development Block Grant (CDBG) funding for an Economic Development project to be located in Cane Creek Centre, Danville, Virginia. Information on the amount of funding available, the requirements for benefit to low - and moderate - income persons, eligible activities, and plans to minimize traffic disruption will be available. Citizens will also be given the opportunity to comment on County's past use of CDBG funds. All interested citizens are urged to attend. For additional information, contact Greg Sides, Assistant County Administrator, (434) 432 -7974. Comments and grievances can be submitted in writing to Pittsylvania County, P. O. Box 426, Chatham, VA 24531 or by phone at (434) 432 -7974 or Virginia Relay #711 until September xx, 2013. If you plan to attend this hearing and have any special need requirements, please call the number listed above. t Second Public Hearing Pittsylvania County Economic Development Project Pittsylvania County, Virginia will hold a public hearing on September xx, 2013, at xxx:00 p.m. at the County Offices, located at 1 Center Street, Chatham, VA to solicit public input on the proposed Community Development Block Grant (CDBG) to be submitted to the Virginia Department of Housing and Community Development for infrastructure improvement in Cane Creek Centre for the implementation of Project Tire. Residents of the project area are encouraged to attend. The proposal will include the following activities: construction of (Check with Shawn XX30LN3CKX3CKXX.) The draft CDBG proposal will be presented for comment along with information on projected beneficiaries, including the number of low- and moderate - income residents to benefit from the proposed project. Citizens will also be given the opportunity to comment on the County's past use of CDBG funds. A fact sheet on the proposed project and the draft proposal is available at the offices of the County Administrator. For additional information, contact Greg Sides, Assistant County Administrator P. O. Box 426, Chatham, VA, (434) 432 -7974. Comments and grievances can be submitted in writing to the Pittsylvania County, P. O. Box 426, Chatham, VA 24531 or by phone at (434) 432 -7974, Virginia Relay #711 until September xx, 2013. If you plan to attend and have any special need requirements, please call the number listed above. P65 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: 9 -03 -13 15 Byrne /Justice Assistance Grant Appropriation — Requires a Roll Call Vote ACTION: INFORMATION: Yes SUBJECT/PROPOSAL/REOUEST: CONSENT AGENDA: Appropriation of Byrne /Justice Assistance Grant ACTION: INFORMATION: ATTACHMENTS: Yes STAFF CONTACT(S): REVIEWED BY: Sleeper, Van Der Hyde BACKGROUND: DISCUSSION: Pittsylvania County received notification of a grant awarded by the Department of Criminal Justice in the amount of $1,238 for the Sheriff's Department. This grant is to be used towards the Lead Online software subscription used by the Sheriff's Department. This grant requires a local match of $138, which will come from the Sheriff s Grant Local Match line item (100 -4- 031200- 8109). RECOMMENDATION: Staff recommends that the Board of Supervisors approve an appropriation of $1,238 for the Byrne Justice Assistance Grant and approve transfer of $138 from the Sheriffs Grant Local Match line item (100 -4- 031200- 8109). THIS ITEM REQUIRES A ROLL CALL VOTE. Department of Criminal Justice Services 1100 Bank Street, 12th Floor, Richmond, VA 23219 Byrne Justice Assistance Grant Statement of Award /Acceptance 1. Law Enforcement Date: April 8, 2013 Grant Period: Subgrantee: Pittsylvania, County Grant No: 13- E1225LO12 4/1/2013 — 12/31/2013 Project Director Project Administrator Finance Officer The Hon. Michael W. Taylor Mr. William D. Sleeper Ms. Linda R Mills Sheriff County Administrator Grants Administrator Pittsylvania County Pittsylvania County Pittsylvania County P. O. Box 407 P. O. Box 426 P. O. Box 426 Chatham, VA 24531 Chatham, VA 24531 Chatham, VA 24531 E -Mail: sheriff @pittgov.org E -Mail: Dan.Sleeper @pittgov.org E -Mail: Linda.Mills @pittgov.org Phone No: (434) 432 -7809 Phone No: (434)432 -7710 Phone No: (434) 432 -7716 $ Federal Sub grantee Cash Match TOTAL TOTAL PROJECT $1,238 $138 $1,376 This grant is subject to all rules, regulations, and special conditions included in this aw Garth L. Wheeler, Director Please provide the information requested below. See attached instructions for completing the award acceptance. Enter the amount of Federal funds you plan to spend in each category below. The total of Federal funds entered must equal the total of Federal funds awarded in this grant. Please round to the nearest dollar. Purpose Areas Federal Amount Category 1. Law Enforcement a. Hiring $ # Current Officers b. Overtime $ # Officers to Hire c. Equipment: # Current Support Personnel 1. Traditional Law Enforcement Equipment $ # Support Personnel to Hire 2. Information Technology $ l 238 SwornEl CivilianE] 2. Prosecution & Courts $ 3. Prevention and Education $ 4. Corrections & Community Corrections $ 5. Drug Treatment $ 6. Planning, Education & Technology Improvement $ The undersigned, having received the Statement of G t Award/Acceptance and the Cot tlitions attached thereto, does hereby accept this grant and agree to the conditions perta ng thereto, this JJO day of Signature of Project Administrator ® Title: ,i '' P67 BUDGET NARRATIVE Byrne JAG Grant #13- E12251,012 LAW ENFORCEMENT Equipment — Information Technology Software —Leads Online -12 month subscription $69188s00 Federal funds $1,238.00 Local cash matching funds 138.00 Total award: $1,376.00 Additional local funds: 44812,00 $6,188.00 Purchase Leads Online Total Track Plus Metal Theft Investigation System -Power Plus Software —12 month subscription for a total cost of $6,188. The Leads Online software subscription enables the Sheriffs' Office to access the nation's largest online investigation system used by law enforcement to recover stolen property, help stop meth makers, reduce metal theft, and solve crimes. With hundreds of millions of records in the Leads Online database (and increasing by the minute), the secure, Web - based electronic reporting service is trusted by thousands of law enforcement agencies and participating businesses nationwide. Businesses, which are typically required by law to report their transactions to law enforcement, by making reporting easier and more efficient. From secondhand dealers, pawnshops, and gold buyers to pharmacies and scrap metal dealers, the software enables each of them reduce the hassles of reporting. The vast majority of the transactions taking place in those businesses are completely legitimate, but reporting laws exist because a relative few are related to criminal activity on the part of the customer or some other party. Leads Online software is the link between investigators and missing items or individuals who may turn out to be instrumental in solving a homicide, finding a meth lab, or getting stolen property back to its rightful owner. M113 APPOINTMENTS P69 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE• Appointment to the Pittsylvania County Road Viewers— Banister District Representative SUBJECT/PROPOSAL/REOUEST: Appointment STAFF CONTACT(S): William D. Sleeper AGENDA DATE: 09 -03 -2013 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: No ITEM NUMBER: 16 INFORMATION: INFORMATION: BACKGROUND: Agencies, Boards, Commissions and Committees that operate under Pittsylvania County make nominations to the Board of Supervisors for appointments representing each election district within the County. The Pittsylvania County Road Viewers is a board in which a representative from each district is appointed by the Board of Supervisors. DISCUSSION: The Board of Supervisors has requested before any nominations for appointments are made to any committees, boards, agencies or commissions, that the name be submitted to the Board of Supervisors prior to the board meeting of the proposed candidate to be nominated for an appointment to that board, agency, committee, or commission. The Honorable Jessie L. Barksdale has nominated the re- appointment of Mr. Hubert Chambers to continue serving as the Banister District representative on the Pittsylvania County Road Viewers. Mr. Chambers new term would begin September 8, 2013 through September 7, 2017. RECOMMENDATION: Staff submits this nomination to the Board of Supervisors for their review, consideration and approval. P70 REPORTS FROM MEMBERS P71 REPORTS FROM LEGAL COUNSEL P72 REPORTS FROM COUNTY ADMINISTRATOR P73 PITTSYLVANIA COUNTY VIRGINIA (VP William D. Sleeper County Administrator P.O. Box 426 Chatham, Virginia 24531 mail: dsleeper @pittgov.org 1769 Phone (434) 432 -7710 Fax (434) 432 -7714 Gretna /Hurt (434) 656 -6211 To: Otis S. Hawker, Assistant County Administrator From: Henry Boswell, Jr., Chief Animal Control Officer Date: August 30, 2013, Subject: Animal Control Activity Report During the period of August 1, 2013 through August 30, 2013, the Animal Control Officers responded to 431 calls as per Henry Boswell, Chief Animal Control Officer, resulting in the following: Description Number Remarks Animals taken into custody: y 222 Dogs 65 Cats 154 Other 3 Animals on hand at month end 9 Animals dispatched 41 15 cats 26 dogs Licenses checked 56 Court cases 15 Summons 20 Animals Adopted 7 6 dogs-1 python snake Animals returned to owners 12 9 dogs 4 oat -2 cats Cats taken to the Humane Society 137 Animals Transferred 35 DAHS 1 FCHS 33 MHCSPCA 1 Inured animals picked up 0 Animals found in traps 111 Exposures: Human /Saliva 3 Exposures: Dogs/Cats/Wildlife 0 Dog Bites 5 Cat Bites 0 Cruelty Checks 1 Well -being Checks 2 Cat/Dog Fights 4 Investigated killin s by dogs/cats 6 Investigate killin s by Coyotes 0 u you nave any questions concerning this, please do not hesitate to contact me. cc: William D. Sleeper, County Administrator P74 PITTSYLVANIA COUNTY VIRGINIA C.t SYLy9N William D. Sleeper c 9 County Administrator Phone 434 o- o ( ) 432 -7710 +1f O 434 P.O. Box 426 a c Fax ( ) 432 -7714 Chatham, Virginia 24531 w o y Gtetna /Hurt (434) 656 -6211 mail: dsleeper @pittgov.org `n 1767 MEMORANDUM To: Otis S. Hawker, Assistant County Administrator From: Henry Boswell, Jr., Chief Animal Control Officer Date: August 2, 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 August 1, 2013 through August 30, 2013 Description Number Remark Total hours monitored 16 During this period 22 working days; 7 of which oner working, due to vac & trainin . Vehicles entering sites 171 Vehicles checked 11 Summons' issued 0 Court Cases 4 1 continued to 9 -3 -2013 Convictions 3 1 appealed If you have any questions concerning this, please do not hesitate to contact me. cc: William D. Sleeper, County Administrator P75 PITTSYLVANIA COUNTY CODE COMPLIANCE MONTHLY REPORT & FEES August 2013 TYPES OF PERMITS 69 BUILDING PERMIT FEES COLLECTED 71234.41 69 LEVY COLLECTED $144.82 0 SUBDIVISION FEES COLLECTED $0.00 25 ZONING PERMIT FEES COLLECTED $115.00 0 REINSPECTION FEES COLLECTED $0.00 13 LAND DISTURBING FEES COLLECTED $125.00 176 TOTAL FEES COLLECTED $79619.23 MONTHLY BUILDING VALUES 7 NEW DWELLINGS $956.66 3 MOBILE HOMES /OFFICE TRAILERS 17,500.00 2 DOUBLE -WIDE MOBILE HOMES 107,600.00 3 MODULAR 4647861.00 22 COMMERCIAL CONSTRUCTION 19748,304.00 31 MISCELLANEOUS 337,805.00 68 TOTAL $2,6775026.66 NONTAXABLE: $3,786,358.00 $36,267,143.68 MONTHLY ACTIVITY REPORT NUMBER OF BUILDING INSPECTIONS MADE 0 322 NUMBER OF REJECTIONS OF WORK 0.00 41 NUMBER OF E & S INSPECTIONS TOTAL 96 NUMBER OF MILES INSPECTORS TRAVELED 47870 MONTHLY ZONING FEES 4 REZONING FEES COLLECTED $850.12 0 SPECIAL USE PERMIT FEES COLLECTED 0.00 0 VARIANCE & APPEAL FEES COLLECTED 0.00 0 APPEALS 0.00 4 TOTAL $850.12 Respectfully Submitted, 4 d.4 JJ oOe Director of Code Compliance/ Zoning Administrator P76 CLOSED SESSION P77 ADJOURNMENT P78