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09-17-2013 Legislative Committee PktLEGISLATIVE COMMITTEE Pittsylvania County Board of Supervisors Tuesday, September 17, 2013 5:00 pm 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) Mass Communication — Update (b) Mining Definitions (c) Farm Use Tags - Possible 2014 General Assembly Legislation (d) Polices & Procedures Manual —Next Update; Travel & Training Policy and Cell Phone Policy (e) Virginia Association of Counties (VACo) Annual Legislative Program -2014 Draft 5. Adjournment (This is original submittal with additions added at the end) Pittsylvania County Zoning Ordinance - Mining The Current Condition: SEC. 35 -1. AUTHORITY TO ESTABLISH ZONING. This Ordinance, to be cited as the Zoning Ordinance of Pittsylvania County, is hereby ordained, enacted and published by the Board of Supervisors of Pittsylvania County, Virginia, pursuant to the provisions of Title 15.2, Chapter 22, Article 7 of the Code of Virginia, 1950, and amendments thereto. The governing body of any County or municipality may, by ordinance, divide the territory under its jurisdiction into districts of such number, shape and area as it may deem best suited to carry out the purpose of zoning, and in each district it may regulate the following: 1. The use of land, buildings, structures, and other premises for agricultural, commercial, industrial, residential and other specific uses. 2. The size, height, area, bulk, location, erection, construction, reconstruction, alteration, repair, maintenance, razing or removal of structures. 3. The areas and dimensions of land, water, and air space to be occupied by buildings, structures, and uses, and of courts, yards and other open spaces to be left unoccupied by uses and structures, including variations in the sizes of lots based on whether a public or community water supply or sewer system is available and in use. 4. The excavation or mining of soil or other natural resources. SEC. 35 -3. PURPOSE AND INTENT. The Zoning Ordinance of Pittsylvania County, Virginia is intended to promote the health, safety, and general welfare of the public and to implement the adopted Pittsylvania County Comprehensive Plan for the orderly and controlled development of the County. To these ends, such zoning ordinances shall be designed to give reasonable consideration to each of the following purposes, where applicable: 1. To provide for adequate light, air, convenience of access and safety from fire, flood and other dangers. 2. To reduce or prevent congestion in public streets. 3. To facilitate the creation of a convenient, attractive and harmonious community. 4. To facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements. 5. To protect against destruction of, or encroachment upon, historic areas. 6. To protect against one or more of the following: overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health, or property from fire, flood and panic or other dangers. 7. To encourage economic development activities that would provide desirable employment and enlarge the tax base. 8. To provide for the preservation of agricultural and forest lands, and other lands of significance for the protection of the natural environment. 9. To protect approach slopes and other safety areas of licensed airport. 10. To promote affordable housing. SEC. 35 -139. EXTRACTION OF NATURAL RESOURCES; EXPLORATION. Extraction of natural resources shall include removal of soil, sand, gravels, stone or other minerals by excavating, stripping, quarrying and mining together with necessary buildings, machinery and appurtenances related thereto but not including excavation for construction of agricultural purposes. 1. No extraction or processing of natural resources may be conducted within two hundred (200) feet of a property line except in operations that cross property lines. 2. Vegetation shall be retained and/or fully developed to screen extraction processes from nearby residential areas and adjoining roadways. 3. Quarry and mine areas being excavated shall be entirely enclosed within a fence located at least fifteen (15) feet back from the edge of any excavation. 4. At the time of obtaining a zoning permit, the operators or owners of the quarry or mine shall present to the Planning Commission comprehensive plans and proposals for the reuse of the property at the cessation of the quarry or mine operation. 5. Any extension of quarrying or mining operations beyond the property lines actually being quarried or mined at the effective date of this Ordinance shall be considered as a new operation and shall obtain a zoning permit, such permit to be renewed every two (2) years, or at such longer interval as may be specified by the Commission. 6. If quarrying or mining operations are discontinued for a period exceeding one (1) year, all excavated areas must be returned to a safe condition with adequate vegetative care. 7. The provisions of Chapter 16, Title 45. 1, Code of Virginia 1950, as amended, shall be met. 8. Uranium Exploration provisions of Chapter 21, Title 45. 1, Code of Virginia 1950, as amended, shall be met. Current Zoning Ordinance DIVISION 1. AGRICULTURAL DISTRICT, A -1 SEC. 35 -177. PURPOSE. This district includes unincorporated portions of the County that are occupied by various open uses such as farms, forests, lakes, reservoirs, streams, and park lands. This district is established for the purpose of facilitating existing and future farming operations, preserving farm and forest lands, conservation of agricultural, water and other natural resources, reducing soil erosion, preventing water pollution, and protecting watersheds and reducing hazards from flood and fire. It is expected that certain desirable rural areas of this rural district may logically develop residentially, at low density. It is the intent, however, to discourage the random scattering of residential, commercial, or industrial uses in this district. It should also be presumed that the agricultural and forestry activities may produce some noise, odors and other effects and a certain level of tolerance for these effects must be expected of those who would dwell in this district. Special use permits will be employed to seek improved level of compatibility between uses. SEC. 35 -179. SPECIAL USE PERMITS. The following uses shall be permitted only by special use permit: anaerobic digester (Amended September 8, 2009) apartments in combination with business /upstairs over business archery ranges automobile graveyard boat club campground (private) See Regulations Section 35 -138. campground (public) See Regulations Section 35 -138. carnivals circuses clubs (private) clubs (public) convenience store country club country store custom meat cutting operation emergency service facilities -fire, rescue fairs feed and see processing mill festivals (bluegrass and others) (Amended December 21, 1993 flea market food and groceries funeral homes and mortuaries garages, commercial for: automobiles, recreation vehicles, motorcycles general store golf clubs, club houses golf courses golf driving range grain mill operations heliports, airports kennels livestock market milk stations mining - conforming to State regulations meat processing -not a slaughter house motels, hotels, tourist, and resort facilities non - emergency medical transport DIVISION 11. INDUSTRIAL DISTRICT (M -1); LIGHT INDUSTRY SEC. 35 -382. PURPOSE. This district is established to encourage the development of manufacturing and wholesale business establishments which do not produce high levels of smoke, smell, noise, light, dust and other nuisances; who operate primarily within enclosed structures and who do not deal with large volumes of customers on a continuous basis throughout the day. SEC. 35 -384. SPECIAL USE PERMITS. The following uses shall be permitted only by special use permits: appliance mfg. industrial /commercial type billboards, panels biological compounding feed milling fibre plants flour milling feed and seed processing mill grain milling metal- stamping: mining parks poultry processing and packaging publishing house, printing quarrying DIVISION 12. INDUSTRIAL DISTRICT (M -2); HEAVY INDUSTRY SEC. 35 -401. PURPOSE. This district is established to provide locations for larger scale manufacturing, processing, and warehousing operations which may require extensive community facilities and access to transportation facilities have open storage and service areas and generate heavy truck traffic. These districts may be established by amendment to the Zoning Map to permit industries which have a public nuisance potential and will therefore be subject to intensive review for locational impact on surrounding land uses and environment. These districts may be established in areas: a) that are served by major highways, rail or air service, or secondary road improved to state standards; b) that are either served by public water and sewer or meet requirements of the local office of the State Health Department, and c) that are clearly suitable for intended uses with regard to physical characteristics and relationship to surrounding development. This district is designed to encompass heavy manufacturing with large outside storage, warehousing, and large product display areas. Buffering zones may be required by the Zoning Administrator to mask industry operations from adjacent non - industrial zoned districts. This buffering may take several forms including but not limited to fencing, barriers, trees, shrubs, or other ornamental landscaping. This buffering action would be the responsibility of the industry and requirements described on the zoning document and/or building permit. 4 SEC. 35 -403. SPECIAL USE PERMITS. The following uses shall be permitted only by special use permit: abattoirs (rendering plants) acetylene mfg. acid mfg. automobile, vehicle graveyards canning child day care (licensed) (Amended February 18, 1992) crashed stone operations curing food electric transmission- private electric towers - private fertilizer mill feed and grain storage flour milling food products mfg. frozen food products mfg. fruit processing gasoline stations gasoline storage bulk grain milling incineration of animals, garbage, wastes- non - radioactive junkyards, salvage yards LP gas, natural gas storage malt products mfg. matches mfg. milk bottling milk, dairy products mfg. mining (conforming to State regulations) oil, gas transmission facility ordnance (explosives) mfg. petroleum, petroleum by- products refining, processing, storage poultry processing, packaging private recreational facilities public landfills non - hazardous, non - radioactive materials, approved by the Virginia Department of Waste Management and Pittsylvania County Waste Ordinance (Chapter 29) public recreational facilities special temporary churches (Amended December 21, 1993) quarrying (conforming to State regulations) raceway roasted coffee, tea products radio and TV towers radio and TV transmission/transmitters salvage yards spice processing, packaging DIVISION 13. CONSERVATION DISTRICT, C -1 SEC. 35 -529. PURPOSE. This district covers portions of the County which are occupied by various open spaces such as steep slopes, forest, parks, marshland, lakes, watersheds needing protection since they supply public water impoundments, or stream valleys. This district is established for the specific purpose of conserving water and other natural resources, reducing soil erosion, protecting watersheds, reducing hazards from flood and fire and preserving wildlife areas of the County. This district is distinguished from agricultural districts in that fewer permitted uses and special uses are allowed secondly, density and intensity of land use activities should be less overall to produce less chance for pollution problems to critical water supplies, for example, and thus protect public health. SEC. 35 -531. SPECIAL USE PERMIT REQUIRED. The following uses shall be permitted only by special use permit: cemeteries church or summer camps with interior dining facilities country clubs, community centers, swimming, and/or tennis clubs, and golf courses feed lots when located within a thousand (1,000) feet of a residential district and village district boundary line, but in no case shall a feed lot be located within two hundred (200) feet of a residential district and village district boundary line oil, gas, uranium, and mineral exploration, extraction and production, provided the provisions of Section 45.1 -106 through 45.1 -144, 45.1 -272 through 45.1 -285 of the Code of Virginia, 1950, as amended, and the oil and gas rules and regulations promulgated by the Virginia Department of Labor and Industry are adhered to home occupations -Class B kennels permanent sawmills, provided that no operation related to the sawmill shall be located within two thousand (2,000) feet of a church, school, or other places of assembly public utilities - electrical power transmission lines and substations; oil and gas transmission pipelines and pumping stations; microwave transmission and relay towers and sub - stations; unmanned telephone exchange centers, and similar such facilities radio and television transmitters and towers signs -See Section 35- 95. -35 -101. special temporary churches (Amended December 21, 1993) travel trailers or parks horse show grounds marinas waterslides QUESTIONS Should Mining be allowed in the Agricultural District, is it compatible with the purpose of that District? Should Mining be allowed in the Conservation District, is it compatible with the purpose of that District? Under the current structure, starting a large scale mining operation in the Agricultural or Conservation District would not involve any hearing or action by the elected body, the Pittsylvania County Board of Supervisors. Only the Planning Commission and the Board of Zoning Appeals would be involved in the process, through the Special Use Permit. Does this represent the current position of the Board of Supervisors? Should Pittsylvania County require that Mining operations only be conducted in the Industrial District (M -2); Heavy Industry, with a Special Use Permit? The Pittsylvania County Zoning Ordinance does not have a definition of Mining. Should we add a definition of Mining? Code of Virginia Definitions: § 45.1 -180. Definitions. The following words and phrases when used in this chapter shall have the meanings respectively ascribed to them in this section except where the context clearly requires a different meaning: (a) Mining. - Means the breaking or disturbing of the surface soil or rock in order to facilitate or accomplish the extraction or removal of minerals; any activity constituting all or part of a process for the extraction or removal of minerals so as to make them suitable for commercial, industrial, or construction use; but shall not include those aspects of deep mining not having significant effect on the surface, and shall not include excavation or grading when conducted solely in aid of on -site farming or construction. Nothing herein shall apply to mining of coal. This definition shall not include, nor shall this title, chapter, or section be construed to apply to the process of searching, prospecting, exploring or investigating for minerals by drilling. (1) Mineral. - Ore, rock, and any other solid homogeneous crystalline chemical element or compound that results from the inorganic processes of nature other than coal. § 45.1 -283. Uranium mining permit applications; when accepted; uranium mining deemed to have significant effect on surface. Notwithstanding any other provision of law, permit applications for uranium mining shall not be accepted by any agency of the Commonwealth prior to July 1, 1984, and until a program for permitting uranium mining is established by statute. For the purpose of construing § 45.1 -180 (a), uranium mining shall be deemed to have a significant effect on the surface. (1982, c. 269; 1983, c. 3.) Alternative Mining Definitions: Orange County, VA Prepared for meeting on September 17, 2013 Mining means the process by which coal, sand, gravel, minerals or ore is removed from any open pit or any underground workings and produced for sale, exchange or commercial use and all shafts, slopes, drifts, or inclines leading to such location and including all buildings, structures, and equipment above and below the surface of the ground used in connection with such process. Quarrying shall be within the definition of mining. Mining shall include all ground- disturbing exploratory activities designed to determine the presence of coal, sand, gravel, minerals or ore, including but not limited to excavation, drilling or boring; however, mining shall not include the drilling or boring of wells for the purpose of obtaining water. Faquier County, VA MINING: The process by which stone, coal, sand, gravel, oil, gas, minerals or ore is removed from any surface or underground workings and produced for sale, exchange or commercial use and all shafts, slopes, drifts or inclines leading thereto and including all buildings, roads, structures, equipment or materials above and below the surface of the ground used in connection with or related to such process. Quarrying shall be considered as an activity within the definition of mining. Mining as defined herein shall include ground disturbing exploratory activities designed to determine the process of stone, coal, sand, gravel, oil, gas, minerals or ore, including but not limited to, excavation, drilling, boring, or core borings; provided, however, that mining shall not include drilling or boring of a well for potable or agricultural water supply in compliance with a valid permit issued by the Fauquier County Health Department. Other Definitions: Colorado: 1.5.115 MINING: The act of exploring for or recovering minerals, sand, and gravel, whether above or below ground. The term includes, but is not limited to, such practices as open cut mining, open pit mining, strip mining, quarrying and dredging, hauling or removal from the site. Mining shall not include removal of loose surface stone or preparation of individual building site. Mining operation means: The development or extraction of a mineral from its natural occurrences on affected land. The term includes, but is not limited to, open mining and surface operations and the disposal of refuse from underground and in situ mining. The term includes the following operations on affected lands: transportation; concentrating; milling; evaporation; and other processing. The term does not include... smelting, refining, cleaning, preparation, transportation, and other off -site operations not conducted on affected land. C.R.S. § 34- 32- 103(8). "Mining Operation" means the development or extraction of a mineral from its natural occurrences on affected land. The term includes, but is not limited to, open mining, IN SITU MINING, IN SITU LEA CH MINING, and surface operations and the disposal of refuse from underground MINING, and in situ mining, AND INSITULEACHMINING. The term ALSO includes the following operations on affected lands: Transportation; concentrating; milling; evaporation; and other processing. The term does not include: The exploration and extraction of natural petroleum in a liquid or gaseous state by means of wells or pipe; the development or extraction of coal; the extraction of geothermal resources; smelting, refining, cleaning, preparation, transportation, and other off -site operations not conducted on affected land; OR EXTRACTION OF CONSTRUCTIONMATERL4L WHERE THERE IS NO DEVELOPMENT OR EXTRACTION OF ANY CONSTR UCTION MA TERUL AS THAT TERM IS DEFINED IN SECTION 34- 32.5 - 103(3), C.R.S. . 10 Uranium Mining: Virginia House Bill No. 11296 "Uranium mining operation" means: i) activities conducted on the surface of lands in connection with a surface uranium mine or, subject to the requirements of § 45.1 -416, operations and impacts incident to an underground uranium mine. Such activities include excavation for the purpose of obtaining uranium, the use of explosives and blasting, the preparation, loading and hauling of uranium for delivery to a uranium milling operation, the reclamation of land affected by mining operations; and ii) the areas upon which such activities occur or where such activities disturb the natural land surface. These areas shall also include any adjacent land which is being used incidentally to these activities, all lands affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of such activities and for loading and hauling, and areas upon which are sited structures, facilities or other property resulting from or incident to such activities. The terms "by- product material," "source material," and "special nuclear material' are defined for purposes of this Act as stated in ' 32.1 -227. Uranium mining Uranium mining is the process of extraction of uranium ore from the ground. (Wikipedia) 11 2013 SESSION CHAPTER 776 An Act to amend and reenact §§ 46.2 -665, 46.2 -666, and 46.2 -670 of the Code of Virginia, relating to farm use vehicles. (S8871 Approved April 3,2013 Be it enacted by the General Assembly of Virginia: 1. That §§ 46.2 -665, 46.2 -666, and 46.2 -670 of the Code of Virginia are amended and reenacted as follows: § 46.2 -665. Vehicles used for agricultural or horticultural purposes. A. No person shall be required to obtain the registration certificate, license plates and decals, or pay a registration fee for any motor vehicle, trailer, or semitrailer used exclusively for agricultural or horticultural purposes on lands owned or leased by the vehicle's owner. B. This exemption shall only apply to (i) pickup fwsk6, -(ii) orpanel trucks, #0 (ii) sport utility vehicles, (w) (iii) vehicles having a gross vehicle weight rating greater than 7,500 pounds, and (v) (iv) trailers and semitrailers that are not operated on or over any public highway in this the Commonwealth for any purpose other than: 1. Crossing a highway; 2. Operating along a highway for a distance of no more than -#*W 50 miles from one part of the owner's land to another, irrespective of whether the tracts adjoin; 3. Taking the vehicle or attached fixtures to and from a repair shop for repairs, 4. Taking another vehicle exempt from registration under any provision of §§ 46.2 -664 through 46.2 -668 or § 46.2- 672, or any part or subcomponent of such a vehicle, to or from a repair shop for repairs, including return trips; 5. Operating along a highway to and from a refuse disposal facility for the purpose of disposing of trash and garbage generated on a farm; or 6. Operating along a highway for a distance of no more than - thirty 50 miles for the purpose of obtaining supplies for agricultural or horticultural purposes, seeds, fertilizers, chemicals, or animal feed and returning. § 46.2 -666. Vehicles used for seasonal transportation of farm produce and livestock. No person shall be required to obtain the registration certificate, license plates, and decals; or pay a registration fee prescribed for any motor vehicle, trailer, or semitrailer owned by the owner or lessee of a farm and used by him on a seasonal basis in transporting farm produce and livestock along public highways for a distance of no more than t" 50 miles er including the distance to the nearest storage house, packing plant, or market, f#y- miles. The provisions of this section shall only apply to (i) pickup trucks; -(ii) orpanel trucks, (iii) (ii) sport utility vehicles, (iv) (iii) vehicles having a gross vehicle weight rating greater than 7,500 pounds, and (v) (iv) trailers and semitrailers. § 46.2 -670. Vehicles owned by farmers and used to transport certain wood products. No person shall be required to obtain the registration certificate, license plates and decals, or pay a registration fee for any motor vehicle, trailer, or semitrailer owned by a farm owner when the vehicle is operated or moved along a highway for no more than twenty miles between a sawmill or sawmill site and his farm to transport sawdust, wood shavings, slab wood, and other wood wastes. The provisions of this section shall only apply to (i) pickup trucks, ( ) or panel trucks, (iii (ii) sport utility vehicles, (iv) (iii) vehicles having a gross vehicle weight rating greater than 7,500 pounds, and (v) (iv) trailers and semitrailers. 2012 SESSION CHAPTER 272 An Act to amend and reenact § 58. 1.3505 of the Code of Virginia, relating to tax exemption for farm utility vehicles. [H 743) Approved March 20, 2012 Be it enacted by the General Assembly of Virginia: 1. That § 58.1 -3505 of the Code of Virginia is amended and reenacted as follows: § 58.13505. Classification of farm animals, certain grains, agricultural products, farm machinery, farm implements and equipment; governing body may exempt. A. Farm animals, grains and other feeds used for the nurture of farm animals, agricultural products, farm machinery and farm implements are hereby defined as separate items of taxation and classified as follows. 1. Horses, mules and other kindred animals. 2. Cattle. 3. Sheep and goats. 4. Hogs. 5. Poultry. 6 . Grains and other feeds used for the nurture of farm animals. 7, Grain; tobacco; wine produced by farm wineries as defined in § 4.1 -100 and other agricultural products in the hands of a producer. S. Farm machinery other than the farm machinery described in subdivision 10, and farm implements, which shall include equipment and machinery used by farm wineries as defined in § 4.1 -100 in the production of wine. 9. Equipment used by farmers or farm cooperatives qualifying under § 521 of the Internal Revenue Code to manufacture industrial ethanol, provided that the materials from which the ethanol is derived consist primarily of farm products. 10. Farm machinery designed solely for the planting, production or harvesting of a single product or commodity. 11. Privately owned trailers as defined in § 46.2 -100 that are primarily used by farmers in their farming operations for the transportation of farm animals or other farm products as enumerated in subdivisions A 1 through A 7 of this section. 12. Motor vehicles that are used exclusively for agricultural purposes, for which the owner is not required to obtain a registration certificate, license plate, and decal or pay a registration fee pursuant to § 46.2.665, 46.2.666, or46.2- 670. 13. Trucks or tractor trucks as defined in § 46.2 -100, that are exclusively used by farmers in their fanning operations for the transportation of farm animals or other farm products as enumerated in subdivisions 1 through 7 or for the transport of farm-related machinery. B. The governing body of any county, city or town may, by ordinance duly adopted, exempt in whole or in part from taxation, or provide a different rate of tax upon, all or any of the above classes of farm animals, grains and feeds used for the nurture of farm animals, farm vehicles, and farm machinery, implements or equipment set forth in subsection A. C. Grain; tobacco; wine produced by farm wineries as defined in § 4.1.100 and other agricultural products shall be exempt from taxation while in the hands of a producer. Vehicles used on a farm, as defined by the Code of Virginia, may be registered with the Department of Motor Vehicles (DMV) or may remain unregistered. DMV issues license plates referred to as F -tags for registered farm vehicles. Unregistered vehicles do not display a DMV- issued license plate although they may have a sign or placard that says "Farm Use." The following information explains the requirements for operating registered (F -tag) and non - registered farm vehicles, along with information on the appropriate use of dyed and undyed diesel fuel. • General Information • Registered Farm Vehicles (F -tag) • Unregistered Farm Vehicles (Farm Use) • Slow Moving Vehicle Sign • Diesel Fuel Definition of a Farm Virginia Code defines a farm as one or more areas of land used to produce, cultivate, grow, or harvest agricultural products. A tree farm does not qualify as a farm unless it is also part of a nursery, a Christmas tree farm, or what is otherwise a farm. (Va. Code § 46.2 -698) Definition of Agricultural Products Agricultural products are: • Nursery plants • Christmas trees • Horticultural plants and crops • Viticultural plants and crops • Cultivated plants and crops • Aquaculture products • Dairy products • Livestock • Poultry • Bee products, or • Other farm products Va. Code § 46.2 -698 Valid Purposes for a Registered Farm Vehicle Vehicles that are registered for farming purposes can be used to transport: • agricultural products to market or to other points for sale or processing; • materials, tools, equipment, or supplies that will be used or consumed on the farm; • anything incidental to the routine operation of the farm; • farm produce, supplies, equipment, or materials to another farm through a mutual agreement with the owner of the other farm; • forest products to the farm including forest materials originating on a farm or related to the regular operation of the farm; • forest products which originate on the farm. Vehicles used on a tree farm are not eligible for farm registration unless the tree farm is also a nursery, a Christmas tree farm, or is part of what is otherwise a farm. Information Required For Registration You will be asked to provide: • location and acreage of the farm or farms; • type of commodity farmed and the approximate amounts produced annually; • a signed statement that the vehicle will be used only for authorized purposes. Farm Vehicle Registration Requirements To register a vehicle as a farm vehicle, the vehicle must have a gross weight of 7,500 pounds or more (Va. Code § 46.2 -698). Farm vehicles must also meet titling and insurance requirements. Farm Vehicle Registration Costs To register a vehicle for farming purposes you will pay one -half the registration fee paid for a private vehicle; however, your registration fee will be at least $15.00. (Va. Code § 46.2 -698) Use of Farm Vehicle Plates Farm vehicle license plates issued by the Department of Motor Vehicles may be used on a vehicle used for farming purposes by anyone who owns, rents, or operates a farm of a size that reasonably requires the use of such a vehicle to transport agricultural products. Non -farm Use of Vehicles With F -tags Non -farm use is limited to the personal use of the owner and his immediate family to attend church or school, to secure medical treatment or supplies, or to secure other household or family necessities. False Statements on Registration Knowingly making a false statement on a registration application is a Class 6 felony. (Va. Code § 46.2 -605) Operating a Farm Vehicle for Non -farm Purposes Operating a vehicle bearing an F -tag for non -farm use on a Virginia highway is a Class 2 misde- meanor. (Va. Code § 46.2- 698(F)) Titling a Farm Vehicle Farm vehicles must be titled, with the exception of farm tractors, special construction and forestry equipment, which are exempted from titling and registration requirements. All other motor vehicles operated on a highway must be titled, even those exempt from registration. (Va. Code § 46.2 -600) Insurance Requirements for Vehicles with F -tags When registering the vehicle, you must certify that it is insured or you must pay the $500 uninsured motor vehicle fee at the time of registration. (Va. Code § 46.2 -706) Commercial Driver's License (CDL) Requirements A CDL is required if your farm vehicle is operated 150 miles or more from your Virginia - based farm and meets the following definition of a commercial vehicle. • has a gross vehicle weight rating (GVWR) of 26,001 pounds or more; or • is a combination of vehicles with a GVWR of 26,001 pounds or more if the vehicle(s) being towed has a GVWR of more than 10,000 pounds; or • can carry 16 or more passengers including the driver; or requires hazardous material placards; or the vehicle is used in the operation of a contract or common carrier; or used in another state. (Additional licensing requirements may be required for out - of -state operation)(Va. Code § 46.2- 341.4) Based on federal and state law, these vehicles require a pre -trip inspection. For additional information refer to the Virginia Commercial Driver's License Manual. Canceling a Farm Registration (F -tag) When a vehicle no longer qualifies for registration as a farm vehicle, notify DMV within 30 days or at the time of vehicle registration renewal, whichever comes first. You will need to replace your farm plates with appropriate license plates.(Va. Code §46.2 - 698(F)). Unregistered Vehicle Conditions 2. 3. 9 I. You are not required to register a vehicle (obtain license plates and decals) or pay a registration fee for any pickup or panel truck, sport utility vehicle, vehicle having a gross vehicle weight rating greater than 7,500 pounds, trailer, or semitrailer used exclusively for agricultural or horticultural purposes on lands owned or leased by the vehicle's owner. Although registration is not required, such vehicles must be titled. This registration exemption applies only to vehicles that are not operated on or over any public highway for any purpose other than: o crossing a highway; 0 operating along a highway for a distance of no more than fifty (50) miles from one part of the owner's land to another, irrespective of whether the tracts adjoin; o taking the vehicle or attached fixtures to and from a repair shop for repairs; o taking another vehicle exempt from registration under any provision of Va. Code §§ 46.2 -664 through 46.2 -668 or § 46.2 -672, or any part or subcomponent of such a vehicle, to or from a repair shop for repairs, including return trips; operating along a highway to and from a refuse disposal facility for the purpose of disposing of trash and garbage generated on a farm; or operating along a highway for a distance of no more than fifty (50) miles for the purpose of obtaining supplies for agricultural or horticultural purposes, seeds, fertilizers, chemicals, or animal feed. (Va. Code § 46.2- 665) You are not required to register or pay a registration fee for any vehicle with a securely attached machine for spraying fruit trees and other plants cultivated by the owner or lessee of the vehicle. (Va. Code § 46.2 -664) You are not required to register or pay a registration fee for any motor vehicle, trailer, semitrailer, or fertilizer spreader drawn by a farm tractor used by a farmer, his tenant, agent or employee or a cotton ginner, peanut buyer, or fertilizer distributor to transport unginned cotton, peanuts, or fertilizer owned by the farmer, cotton ginner, peanut buyer, or fertilizer distributor from one farm to another, from farm to gin, from farm to dryer, from farm to market, or from fertilizer distributor to farm and on return to the distributor. However, this exemption does not apply to vehicles operated on a for -hire basis. (Va. Code § 46.2 -672) You are not required to register or pay a registration fee for any pickup or panel truck, sport utility vehicle, vehicle having a gross vehicle weight rating greater than 7,500 pounds, trailer, or semitrailer owned by the owner or lessee of a farm and used by the owner on a seasonal basis in transporting farm produce and livestock along public highways for a distance of no more than fifty (50) miles, including the distance to the nearest storage house, packing plant, or market. Although registration is not required, such vehicles must be titled. (Va. Code § 46.2 -666) 5. You are not required to title, register or pay a registration fee for a farm tractor (VA Code § 46.2 -600). 6. You are not required to register or pay a registration fee for any farm machinery or tractor when operated on a highway (i) between one tract of land and another regardless of whether the land is owned by the same person or (ii) to and from a repair shop for repairs. (Va. Code § 46.2 -667) 7. You are not required to register or pay a registration fee for any farm vehicle if the vehicle is making a return trip from any marketplace, transporting back to the farm ordinary and essential food and other products for home and farm use, or transporting farm supplies to the farm. (Va. Code § 46.2 -673) Exemptions for Sawmill Operators and Farmers Transporting Wood Products Tractors, trailers, log carts or similar vehicles owned by a sawmill operator are exempt from registration when the vehicle is operated along a highway from one sawmill or sawmill site to another, to or from a repair shop for repairs or across a highway from one adjoining tract of land to another. (Va. Code § 46.2 -669) Pickup or panel trucks, sport utility vehicles, vehicles having a gross vehicle weight rating greater than 7,500 pounds, trailers and semi - trailers owned by a farm owner are exempt from registration (but must be titled) when they are used for no more than 20 miles between a sawmill or sawmill site and the farm to transport sawdust, wood shavings, slab wood, and other wood wastes. (Va. Code § 46.2 -670) Insurance Requirements Insurance may not be required for an unregistered vehicle; however, as the owner of the vehicle you may be held responsible for any liability. Check with your insurance agent about your insurance needs. When operating a slow moving farm vehicle, am I required to use the slow moving vehicle sign? Yes. Farm tractors or self - propelled units of farm equipment designed to operate at speeds less than 25 miles per hour or normally operated at speeds no more than 25 miles per hour must display a triangular slow- moving vehicle emblem on the rear of the vehicle when traveling on a public highway, regardless of the time of day or night. (Va. Code § 46.2 -1081) Note: This information and related laws apply to both registered and unregistered farm vehicles. Dyed Versus Undyed Diesel Fuel Undyed diesel fuel is taxable. It can be used in registered or non - registered vehicles or equipment. If the vehicle and /or equipment is not registered or required to be registered and fuel tax has been paid for fuel used for off -road purposes, the customer can apply for a tax refund. (Va. Code § 58.1 -2259 (A)(14)(15)(18)(20) and (B)). Dyed diesel fuel is untaxed fuel. It can be used in vehicles that are not registered or required to be registered in Virginia, when conducting business as provided for in Va. Code §§ 46.2 -662 through 46.2 -684. Va. Code § 58.1 -2265. Can dyed diesel fuel be used in vehicles registered for farming purposes (F- tags)? No. Since federal or state tax has not been paid on dyed diesel fuel, it cannot be used in vehicles that are designed for highway use and are required to be registered in Virginia. (Va. Code § 58.1 -2265) Dyed Diesel Fuel Use in Farm Vehicles Use is acceptable in vehicles not registered or required to be registered in the state and operated in accordance with the provisions of Va. Code §§ 46.2 -662 through 46.2 -684. Penalties for Unlawful Use The civil penalty is a minimum of $1,000 or $10 per gallon of fuel, based on the maximum storage capacity of the tank(s). Penalties are charged on the propulsion tanks of the vehicle as well as on any storage tanks on the vehicles. Penalties can also be charged on the storage tank at the farm if that was the source of the dyed fuel found in the vehicle. (Va. Code § 58.1 - 2265(8)) Any person who refuses to allow an inspection or collection of a fuel sample is subject to a $5,000 penalty for each refusal. If the refusal is for a vehicle fuel sample collection, the penalty is assessed to the registered owner of the vehicle. If the refusal is for a sample to be taken from any other storage tank or container, the penalty will be payable by the owner of the storage tank or container. (Va. Code § 58.1 -2267) A person may be charged with a Class 6 felony if he or she uses dyed diesel fuel for a use that he or she knows or has reason to know is a taxable use of the fuel. Penalties can be charged if a person sells dyed diesel fuel to someone who the seller knows or has reason to know will use the fuel for a taxable purpose. If the amount of fuel is less than 20 gallons, the person may be charged with a Class 1 misdemeanor. (Va. Code § 58.1- 2273(7)) A person who attempts to alter the strength or composition of any dye or dye marker in any dyed diesel fuel may be charged with a Class 6 felony. (Va. Code § 58.1- 2273(8)) Unregistered Vehicle Conditions 1. You are not required to register a vehicle (obtain license plates and decals) or pay a registration fee for any pickup or panel truck, sport utility vehicle, vehicle having a gross vehicle weight rating greater than 7,500 pounds, trailer, or semitrailer used exclusively for agricultural or horticultural purposes on lands owned or leased by the vehicle's owner. Although registration is not required, such vehicles must be titled. This registration exemption applies only to vehicles that are not operated on or over any public highway for any purpose other than: • crossing a highway; • operating along a highway for a distance of no more than fifty (50) miles from one part of the owner's land to another, irrespective of whether the tracts adjoin; • taking the vehicle or attached fixtures to and from a repair shop for repairs; • taking another vehicle exempt from registration under any provision of Va. Code §§ 46.2 -664 through 46.2 -668 or § 46.2 -672, or any part or subcomponent of such a vehicle, to or from a repair shop for repairs, including return trips; • operating along a highway to and from a refuse disposal facility for the purpose of disposing of trash and garbage generated on a farm; or • operating along a highway for a distance of no more than fifty (50) miles for the purpose of obtaining supplies for agricultural or horticultural purposes, seeds, fertilizers, chemicals, or animal feed. (Va. Code § 46.2- 665) 2. You are not required to register or pay a registration fee for any vehicle with a securely attached machine for spraying fruit trees and other plants cultivated by the owner or lessee of the vehicle. (Va. Code § 46.2 -664) 3. You are not required to register or pay a registration fee for any motor vehicle, trailer, semitrailer, or fertilizer spreader drawn by a farm tractor used by a farmer, his tenant, agent or employee or a cotton ginner, peanut buyer, or fertilizer distributor to transport unginned cotton, peanuts, or fertilizer owned by the farmer, cotton ginner, peanut buyer, or fertilizer distributor from one farm to another, from farm to gin, from farm to dryer, from farm to market, or from fertilizer distributor to farm and on return to the distributor. However, this exemption does not apply to vehicles operated on a for -hire basis. (Va. Code § 46.2 -672) 4. You are not required to register or pay a registration fee for any pickup or panel truck, sport utility vehicle, vehicle having a gross vehicle weight rating greater than 7,500 pounds, trailer, or semitrailer owned by the owner or lessee of a farm and used by the owner on a seasonal basis in transporting farm produce and livestock along public highways for a distance of no more than fifty (50) miles, including the distance to the nearest storage house, packing plant, or market. Although registration is not required, such vehicles must be titled. (Va. Code § 46.2 -666) 5. You are not required to title, register or pay a registration fee for a farm tractor (VA Code § 46.2 -600). 6. You are not required to register or pay a registration fee for any farm machinery or tractor when operated on a highway (i) between one tract of land and another regardless of whether the land is owned by the same person or (ii) to and from a repair shop for repairs. (Va. Code § 46.2 -667) 7. You are not required to register or pay a registration fee for any farm vehicle if the vehicle is making a return trip from any marketplace, transporting back to the farm ordinary and essential food and other products for home and farm use, or transporting farm supplies to the farm. (Va. Code § 46.2 -673) Exemptions for Sawmill Operators and Farmers Transporting Wood Products Tractors, trailers, log carts or similar vehicles owned by a sawmill operator are exempt from registration when the vehicle is operated along a highway from one sawmill or sawmill site to another, to or from a repair shop for repairs or across a highway from one adjoining tract of land to another. (Va. Code § 46.2 -669) Pickup or panel trucks, sport utility vehicles, vehicles having a gross vehicle weight rating greater than 7,500 pounds, trailers and semi - trailers owned by a farm owner are exempt from registration (but must be titled) when they are used for no more than 20 miles between a sawmill or sawmill site and the farm to transport sawdust, wood shavings, slab wood, and other wood wastes. (Va. Code § 46.2 -670) Insurance Requirements Insurance may not be required for an unregistered vehicle; however, as the owner of the vehicle you may be held responsible for any liability. Check with your insurance agent about your insurance needs. TRAVEL, TRAINING EDUCATION POLICE' VII P86 PITTSYLVANIA COUNTY VIRGINIA ,�,t w SYlyt�I William D. Sleeper ¢ 9 Phone (434) 432 -7710 County Administrator o n P.O. Box 426 +� o Fax (434) 432 -7714 Chatham, Virginia 24531 t o , y Gretna /Hurt (434) 656 -6211 N t. Bachelors (434) 797 -9550 dan.sleeper @pittgov.org l6 Memorandum To: All Pittsylvania County boards, Agencies and Commissions From: William D. Sleeper, County Administrator Date: October 5, 2005 Subject: Amendments to the Travel, Training & Education Policy — Pittsylvania County Board of Supervisors Attached hereto, you will find the updated Travel, Training & Education Policy for Pittsylvania County as adopted by the Board of Supervisors on October 3, 2005. Please note that travel outside of the Commonwealth of Virginia requires the approval of the Board of Supervisors with the exception of extradition of prisoners, which is by a court order. In addition the mileage has been amended to insure that annually it will meet the current IRS mileage rate. If you should have any questions concerning any of the elements of this Travel, Training & Education Policy, should be directed to the county Administrator's office. The County requires that all Boards, Agencies and Commissions receiving funding from the Board of Supervisors adhere to the requirements of the Policy. Your attention in this matter is greatly appreciated. WS /dc Attachment Ps7 PITTSYLVANIA COUNTY TRAVEL, TRAINING & EDUCATION POLICY VII - 2005 Section I — Pwpose This policy defines the rules Pittsylvania County follows to allow and reimburse County employees, board and commission members, and approved volunteers utilizing County funds for travel expenses, training and continued education classes that are related to the performance of official County business. This policy applies to all County employees, with no exceptions. Employees are expected to minimize costs by utilizing prudent business practices. Employees are reminded that travel expenses are open to scrutiny by the news media, the public and the Pittsylvania County Board of Supervisors. Section 2 — Travel Authorization Expenses for travel outside of Pittsylvania County shall not be incurred without the prior approval of the appropriate department head and/or County Administrator. Prior approval must be obtained to assure that the funds are available in the budget. All travel outside of the Commonwealth of Virginia, except extradition of prisoners must be approved by the Board of Supervisors. Section 3 — Use of County Credit Cards The County encourages the use of County credit cards when traveling on County business. The credit cards can be used for registration, rooms, meals, gasoline and other expenses. The use of County credit cards helps eliminate the need for cash advancements and allows expenses to be charged directly to the County. Requests to use a County credit card should be made as early in advance as possible. Credit cards can be picked up from the Purchasing Manager. Section 4 — Cash Advances Cash advances are discouraged! However, if a cash advance is necessary, it must be requested on the Travel /Training Request Form and approved by the Department Head and /or County Administrator. After approval is received, a copy of the form must be submitted to the Accounting Department not less than three (3) working days prior to the date needed. All requests must include the account number the funds are to be charged against. Cash advances must be accounted for on the Travel/Training Expense/Reimbursement Form and documented with receipts. Any unexpected funds from cash advance must be refunded to the Accounting Department within five (5) working days of the employee's return. P88 Section 5 — Reeistration Fees Requests for payment of registration fees shall be submitted as far in advance as possible. The County will pay registration fees by credit card or check. In the event an employee pays a registration fee, reimbursement shall be made to the employee. The registration fee shall be submitted on the Travel/Training Expense/Reimbursement Form with a receipt or copy of a cancelled check attached. Section 6 — Mileaee Reimbursement for use of Personal Vehicle The County has a fleet of vehicles available for use. Employees needing to use a County vehicle should make a request to their Department Head. In turn the department head shall coordinate the use of the vehicle with the County Administrator's Office staff. Every effort will be made to provide employees the needed transportation. If a County vehicle cannot be provided, the County will reimburse the employee for mileage expenses incurred on their personal vehicle at the current IRS mileage rate per mile. The employee must document the number of miles traveled and record those on the Travel /Training Expense/Reimbursement Form. All mileage records should be accurate and are subject to review and approval. The County's mileage rate will change to conform to the IRS regulations as amended without Board action. The effective date of change will be the same as the State's effective date of change. Section 7 — Overnight Lod@ing Employees should submit requests for hotel accommodations to the Purchasing Department as far in advance as possible so the Purchasing staff can make the reservations and confirm that the County is being charged at the government rate. Hotel accommodations are typically charged to the County's credit card. Generally, the reservation will be made at the hotel where County business /training is being conducted. This saves the employee travel time and parking fees. In the event there are no vacancies at the hotel where the business /training is being conducted, care will be used in the selection of another lodging facility to ensure the County is receiving the best possible rate. Section 8 — Meals Employees should not spend more than a total of $40.00 per day on food for three meals. The County Administrator must approve any variation from this. Meals expenses must be reported on the Travel/Training Expense/Reimbursement Form and receipts attached. The receipt must show the breakdown of the food and beverage purchased. There will be no reimbursement for meals within the jurisdiction boundaries of Pittsylvania County with the exception of County sponsored events. P89 Section 9 — Air Travel Air travel requires the advanced approval of the County Administrator. All employees are expected to travel economy class and reservations should be made as far in advance as possible. Air travel charges may be paid by the County credit card or check. In the event an employee pays air travel charges, reimbursement shall be made to the employee. Air travel expenses must be reported on the Travel /Training Expense/Reimbursement Form with a receipt. Section 10 — Car Rental Car rentals should be arranged in advance and should be at the government rate. Car rental charges will be paid by the County credit card or check. In the event an employee pays car rental charges, reimbursement shall be made to the employee. Car rental expenses must be reported on the Travel /Training Expense/Reimbursement Form with the car rental contract and/or receipt attached. Section 11 —Other Expenses While traveling on official business for the County, employees may incur expenses for parking, tolls and gratuities. A receipt is only required if the expense exceeds $5.00. These expenses must be reported on the Travel /Training Expense /Reimbursement Form with receipts, if required. Section 12 — Continuing Education Classes The County will pay the cost of tuition and books for classes that a full time, permanent County employee enrolls in that are related to the job responsibilities of the employee's current position or a position to which it is anticipated the employee may be promoted, provided the employee successfully completes the course with a grade of at least a "C" average. Upon completion of the class the employee must submit proof of completion and/or a copy of their grade to the Payroll Clerk in the Accounting Department. This information will be placed in the employee's personnel file. If the grade is less than a "C" average, the employee may be required to make reimbursement to the County for the tuition and cost of any books. The employee shall submit a County requisition with a copy of the registration form attached, signed and approved by the Department Head and County Administrator, to the Purchasing Department. Requests for books shall also be submitted on a County requisition. The County will pay the tuition and cost of any books. In the event an employee pays the tuition or cost of books for a class that has been approved by the Department Head and County Administrator, the County will reimburse the employee. A copy of the registration form and a receipt must be provided. Section 13 — Expense Reports P90 PITTSYLVANIA COUNTY VIRGINIA sits tvAti William O. Sleeper 44 f 9 Phone (434) 432 -7710 County Administrator o a Fax (434) 32 -7714 F.O. Box 426 Chatham, Virginia 24531 o ) i z Gretna /Hurt (434) 656 -6211 w N ti 01 Bachelors Mall/Whitmell (434) 797 -9550 dan.sleepe r @pittgov.o rg 1767 Memorandum To: All Pittsylvania County boards, Agencies and Commissions From: William D. Sleeper, County Administrator Date: October 13, 2005 Subject: Travel, Training, & Education Policy Several questions have arisen concerning the changes in the Travel, Training, & Education Policy, particularly in reference to travel outside of the Commonwealth of Virginia. The intent of the Travel, Training, & Education Policy was specially to cover travel dealing with education classes, seminars, or training necessary for employees to benefit the performance of their job with the County of Pittsylvania. It was not the intent of the travel authorization policy guidelines to interfere with the day -to -day requirements of an employee carrying out their job, which may require them to cross the North Carolina line as an example to reach other areas of Pittsylvania County and /or carry out the requirements of investigations, such as the Sheriff's Department and Animal Control Officers that may have to travel to North Carolina. Constitutional Officers themselves are not employees of the County of Pittsylvania. They are identified separately by the code and by the General Assembly for funding of the actual officer. Therefore, the County Employee designation under the Travel, Training, & Education Policy does not restrict the Constitutional Officers from taking qualified trips that they feel necessary to carry out the functions of their jobs. The Board of Supervisors request that Constitutional Officers adhere as closely as possible to the requirements of the County's Travel, Training, & Education Policy to insure consistency in their general operation of reimbursements and funding by the County. Therefore, by the memorandum, I am designating that the Travel, Training, & Education Policy is designed specifically for travel and training dealing with conferences, seminars, educational training, and association with meetings and annual meetings. The travel necessary to carry out the functions of a daily job, such as investigations by the Sheriffs Office, investigations by P91 Animal Control, and Building Inspections that may require that they travel into North Carolina or other States in order to complete the tasks of their daily job are not the intent of this Travel, Training & Education Policy. Therefore daily work requirements of the Department of Solid Waste, Animal Control, Building Inspections, Planning and the Sheriff's Office traveling across the North Carolina line in order to carry out the functions of their duties are exempt from the requirements of this Travel, Training & Education Policy. However, as designated all other training outside of the Commonwealth of Virginia, it is not a requirement of a daily job activity of the individuals and departments identified in this memorandum are required to get prior approval from the Board of Supervisors for travel outside of the Commonwealth of Virginia. If you should have any questions concerning the designation and clarification of this memorandum, please do not hesitate to contact my office. WS /dc Cc: Honorable Members of the Board of Supervisors John P. Light, Legal Counsel P92 Development and adoption of VACo's annual legislative program Spring regional meetings: In even number years, VACo members are invited to attend regional meetings to identify and discuss key statewide legislative and policy issues. Resolutions Committee meetings: The committee oversees the development of the annual Legislative Program. The meetings occur in the spring after the regional meetings, early fall, and during the annual conference in November. The committee receives legislative updates during the regular legislative session in the winter. The Resolutions Committee includes the six members of VACo's Executive Committee and the chairs and vice chairs of VACo's eight steering committees. The eight steering committees are Administration of Government Public Safety and Telecommunications, Community Planning and Development, Education, Environment and Agriculture, Finance, Health and Human Resources, Compensation and Retirement and Transportation. Steering Committees meet at least twice: Late summer and November during the annual conference. Steering committee chairs and vice chairs are appointed by the VACo President. VACo members volunteer to serve on steering committees. The Steering Committees develop their policy sections of the annual Legislative Program. County legislative proposals are sent to VACo in summer and early fall and are considered by the appropriate steering committee. In early October, prior to the annual conference, the membership receives a Preliminary Legislative Program. This draft is revised during the annual conference. The membership is asked to adopt the new legislative program during the annual business meeting. The meeting occurs on the last day of the annual conference in November. Administration of Government, Public Safety and Telecommunications 2013 program /2014 draft Administration of Government, Public Safety and Telecommunications Priorities Aid to Localities VACo requests repeal of the state's FY 2013 ($50 million) and FY 2014 ($45 million) reductions in Aid to Localities. Instituted in FY 2009, these reductions are in addition to program specific cuts such as state budget reductions in K -12 public education, constitutional officers, human services and public safety. VACo requests that the Commonwealth to use the most current population statistics available for the purposes of determining state aid to those localities that have experienced population growth in the ten -year period between the decennial enumerations. During that period, population statistics from the Weldon Cooper Center for Public Service or the American Community Survey are available for use by the Commonwealth. The General Assembly should consider the many fixed costs of services in determining aid to those localities that have remained stable or lost population. Broadband (State and Federal) VACo urges the Commonwealth and the Federal Government to assist communities in their efforts to deploy universal affordable access to broadband to all areas, particularly in underserved and rural areas while preserving local land use, permitting, fees and other local authority. Widespread deployment of broadband should be a top priority for the Commonwealth to ensure competitive economic advantages, provide quality educational opportunities and facilitate telemedicine and other modern health care initiatives. Assistance should include economic incentives as well as budgetary and statutory policies that facilitate broadband deployment and adoption. VACo also urges state support of local and regional authorities created under the Virginia Wireless Service Authorities Act, the preservation of the powers granted under the Act, support for Virginia Resources Authority and other favorable financing mechanisms for broadband projects and improvement of the quality and accuracy of the state's broadband availability map. Dillon Rule/Local Authority VACo supports relaxation of the Dillon Rule and the granting and maintaining of authority to provide counties greater autonomy in all areas including land use, revenue measures, procurement and other issues of local concern. The General Assembly should extend powers currently granted to some local governments to all other local governments. Policies Annexation Moratorium VACo supports full funding of the Commonwealth's HB S99 commitments. VACo also supports the continuation of the current moratorium on city annexations regardless of whether those commitments have been met. The moratorium has promoted more intergovernmental cooperation between cities and counties, allowed cognties to plan for future growth and economic development within their borders and has allowed counties to be able to protect their tax base in order to provide needed services to citizens. Collective Bargaining for Public Employees (Federal) VACo opposes any effort to mandate collective bargaining for public employees. Elected Officials VACo respects the presumption of innocence until proven guilty and seeks to work with the General Assembly to address the issues that arise when an elected official faces prosecution for crimes of moral turpitude, ahis includes a process for appointing a temporary replacement to carry out the duties and responsibilities of the office until the legal process is complete. Election Costs VACo supports legislation that would minimize the costs of primary elections. Grievance Hearings VACo supports legislation authorizing localities to utilize an administrative hearing officer in lieu of the three - member panel. VACo also supports providing immunity to local government employees, officers, volunteers, administrative hearing officers and panel members for claims arising out of participation in personnel grievance procedures. Immigration Reform (Federal) VACo maintains a strong commitment to ensuring the security and safety of our communities. Legislative reforms must recognize the contributions of immigrants to a complex economy, as well as the costs associated with welcoming immigrants into our communities. The U.S. Congress must enact comprehensive immigration reform that provides a funding stream sufficient to address the fiscal impact on state and local governments for any guest worker program and earned legalization program. The state and local governments require a national immigration system that is fully funded at the federal level, recognizes the realities of the marketplace, eases the fiscal stress on states and localities and properly secures our borders. It is important that the federal government establish a clear and understandable path to citizenship for those who are eligible. Interoperability (State and Federal) VACo supports the state's goal that by 2015 agencies and their representatives at the local, regional, state and federal levels will be able to communicate using compatible systems to respond more effectively during day - to-day operations and major emergencies. Local governments require new dedicated federal and state funding sources to achieve this goal. Pay Day Lending VACo supports legislation to set a total cap of 36 percent for all interest, fees and other charges for payday lending and other similar businesses such as car title loans. Public Notice, Public Hearing and Public Procurement VACo supports legislation to reduce required advertising for public notices, public hearings and public procurement including legislation to give localities the option to use electronic or other farms of notification as an alternative to newspaper advertising. Sovereign Immunity VACo opposes any substantive change in local governments' present defense of sovereign immunity. VACo opposes bringing counties under the Virginia Tort Claims Act. Transmission Lines VACo supports legislation to encourage the undergrounding of high voltage transmission lines and supports effective and practical undergrounding and preservation practices when locating new transmission lines. VACo also supports legislation to preserve existing trees and vegetation in transmission line right of ways to mitigate the visual and environmental impacts resulting from clear cutting practices and widespread use of herbicides. Unfunded Mandates VACo opposes unfunded mandates by the Commonwealth. When funding for a mandated program is altered, the mandate should be suspended until full funding is restored. When legislation with a cost to localities is passed by the General Assembly, the cost should be borne by the Commonwealth, and the legislation should contain a sunset clause providing that the mandate is not binding on localities until funding by the Commonwealth is provided. VACo opposes the shifting of fiscal responsibility from the state to localities for existing programs. Any unfunded mandate or shifting of responsibility should be accompanied by a full fiscal and program analysis to determine the relative costs to the state and to the locality and to assure the state is meeting its full funding responsibility before taking effect. Voting Machines VACo supports full state funding for the costs of Optical Scan Voting machines. G