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03-18-2014 BOS PKTBOARD PACKET BOARD OF SUPERVISORS ADJOURNED MEETING MARCH 18, 2014 1767 Pi PITTSYLVANIA COUNTY BOARD OF SUPERVISORS REGULAR MEETING TUESDAY, MARCH 18, 2014 GENERAL DISTRICT COURTROOM EDWIN R. SHIELDS COURTHOUSE ADDITION AGENDA 1. Call to Order — 7:00 p.m. 2. Roll Call Harville Barber Snead Blackstock Bowman Hagerman Barksdale 3. Pledge of Allegiance 4. Items to be Added to the Agenda Motion by: Harville Barber Seconded by: Harville Barber (a) Snead Snead Blackstock Blackstock Bowman Bowman Hagerman Hagerman Barksdale Barksdale APPROVAL OF AGENDA Motion by: Harville Barber Seconded by: Harville Barber Snead Snead Blackstock Blackstock Bowman Bowman Hagerman Hagerman Barksdale Barksdale HEARING OF CITIZENS CONSENT AGENDA Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale 5. (a) Proclamation — National County Government Month - April — Pages 14 -15 Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale (b) Proclamation — National Animal Control Appreciation Week —April 13 -19, 2014 Pages 16 -17 Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale (c) Proclamation — National Public Safety Telecommunicators Week —April 13 -19, 2014 —Pages 18 -20 PUBLIC HEARING Rezoning Cases Open: Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Close: Case 8: Smith Mountain Dock & Lodge, LLC — Callands- Gretna Election District; R -14 -011 RPD, Residential Planned Unit Development District to A -1, Agricultural District (Continued from February 4, 2014) Roll Call Vote Y N A Barber Barksdale Blackstock Bowman Hagennan Harville Snead (Roll Call Vote Y or N) Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Open: Close: Case 1: Kay Suzanne Geyer— Chatham/Blairs Election District; R -14 -013 Blackstock R -1, Residential Suburban Subdivision District to B -2, Business District, General Roll Call Vote Y N A Barber Barksdale Blackstock Bowman Hagerman Harville Snead (Roll Call Vote Y or NV) Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Open: Close: Case 2: JRayl /Rayl Properties - Westover Election District; R -14 -014 R -1, Residential Suburban Subdivision District and B -2, Business District, General to M -2, Industrial District, Heavy Industry Roll Call Vote Y N A Barber Barksdale Blackstock Bowman Hagerman Harville Snead (Roll Call Vote Y or N) Open: Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Close: Case 3: Peek -A -View Farms, LLC — Staunton River Election District; R -14 -015 R -1, Residential Suburban Subdivision District to A -1, Agricultural District Roll Call Vote Y N A Barber Barksdale Blackstock Bowman Hagerman Harville Snead (Roll CaR Vote Y or N) Public Hearings Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Open: Close: 6. Public Hearing to receive citizen input on a proposed amendment to the Pittsylvania County Zoning Ordinance, Chapter 35, for the addition of Adult Uses under Industrial District (M -1) Light Industry, Section 35 -384, Special Use Permit — Pages 22 -28 Roll Call Vote Y N A Barber Barksdale Blackstock Bowman Hagerman Harville Snead (Roll Call Vote Yor N) Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Open: Close: 7. Public Hearing to receive citizen input on a proposed amendment to Chapter 1, Article III, Section 1.8 of Pittsylvania County Code. The proposed amendment would incorporate Revised Organizational Cooperative Agreement that would expand TLAC's responsibilities to include Leesville Lake, and incorporate Campbell County into the Agreement into Chapter 1, Article III, Section 1.8 of Pittsylvania County Code. — Pages 23 -40 Roll Call Vote Y N A Barber Barksdale Blackstock Bowman Hagerman Harville Snead (Roll Call Vote Y or N) Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale 8. Expenditure Refunds — At their regular meeting on March 3, 2014, a motion was made by Mr. Harville, and seconded by Mr. Barber, that required a 10 -Day Layover that has now been met. Roll Call Vote Required — Pages 42 -44 PRESENTATIONS Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale 9. Delegates Danny Marshall and Les Adams presenting a Resolution of Support urging the Governor of Virginia and the Virginia General Assembly to timely pass a clean budget — Pages 46 -48 Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale 10. Presentation by Kay C. Crane, PATHS CEO on Medicaid Expansion Resolution — Pages 49 -51 Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale 11. Recommendations from Finance Committee — The Finance Committee will meet at 3:00 pm on Tuesday, March 18, 2014. Any recommendations from that committee meeting will be presented to the full Board — Pages 53 -54 (a) Review of Interim County Administrator's Recommended Budget for FY2014/15 Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale (b) Budget approved to recommend to the full Board of Supervisors for advertisement Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale 12. Recommendation from Personnel Committee — The Personnel Committee will meet at 2:00 pm on Tuesday, March 18, 2014. Any recommendations from that committee meeting will be presented to the full Board — Pages 55 -56 (a) Discussion, consideration, or interviews of prospective candidates for the appointment of specific public officers of any public body. Authority: §2.2- 3711(A)(1) of the Code of Virginia, 1950, as amended Subject Matter: County Administrator Purpose: Review Applications received for County Administrator Vacancy Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale 13 Ringgold Volunteer Fire Department — (Mr. Barksdale) —Pages 57 -63 Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale 14. Bid Awards — Jail Shower Renovations — Pages 64 -66 Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale 15. Proclamation and Request for Landfill Tipping Fee Waiver— Annual Countywide Spring Cleanup — Pages 67 -68 Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale 16. Out of State Travel — Director of Agriculture — Pages 69 APPOINTMENTS 17. Re- appointment to the Dan River Alcohol Safety Action Program Policy Board — Page 71 BOARD ANNOUNCEMENTS REPORTS FROM LEGAL COUNSEL REPORTS FROM INTERIM COUNTY ADMINISTRATOR ADJOURNMENT Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Time Adjourned: TO BE ADDED PH HEARING OF CITIZENS P12 CONSENT AGENDA PI3 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Proclamation — National County Government Month SUBJECTIPROPOSAL/REOUEST: Proclamation on County Government Month STAFF CONTACT(S): Mr. Hawker AGENDA DATE: 03 -18 -2014 ACTION: CONSENT AGENDA: ACTION: Yes ATTACHMENTS: Yes ITEM NUMBER: 5(a) INFORMATION: INFORMATION: REVIEWED BY: �g k BACKGROUND: The National Association of Counties participates in the recognition of National County Government Month, of which Pittsylvania County also recognizes on an annual basis. DISCUSSION: Attached hereto is a proclamation declaring the month of April 2014 as National County Government Month in Pittsylvania County. RECOMMENDATION: Staff recommends the Board of Supervisors proclaim April as National County Government Month in Pittsylvania County and direct the County Administrator to notify all news media covering Pittsylvania County. P14 Vittoplbania Countp 38oarb of 6uperbigorg i3rodamation NATIONAL COUNTY GOVERNMENT MONTH APRIL 2014 "Ready and Resilient Counties: Prepare, Respond, Thrive." VIRGINIA: AT THE ADJOURNED MEETING OF THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS IN THE GENERAL DISTRICT COURTROOM IN CHATHAM, VIRGINIA ON TUESDAY, MARCH 18, 20149 THE FOLLOWING PROCLAMATION WAS PRESENTED AND ADOPTED: WHEREAS, the nation's 3,069 counties serving more than 300 million Americans provide essential services to create healthy, safe, vibrant and economically resilient communities; and WHEREAS, counties build infrastructure, maintain roads and bridges, provide health care, administer justice, keep communities safe, run elections, manage solid waste, keep records and much more; and WHEREAS, Pittsylvania County and all counties take pride in their responsibility to protect and enhance the health, welfare and safety of its residents in sensible and cost - effective ways; and WHEREAS, in order to remain healthy, vibrant, safe and economically competitive, America's counties must be able to anticipate and adapt to all types of change; and WHEREAS, through National Association of Counties President Linda Langston's Resilient Counties initiative, NACo is encouraging counties to focus on how they prepare and respond to natural disasters and emergencies or any situation that the counties may face, such as economic recovery or public health and safety challenges; and WHEREAS, each year since 1991 the National Association of Counties has encouraged counties across the country to actively promote their own programs and services to the public they serve; then NOW, THEREFORE, BE IT RESOLVED THAT the Pittsylvania County Board of Supervisors does hereby proclaim April 2014 as National County Government Month and encourages all county officials, employees, schools and residents to participate in county government celebration activities. Given under my hand this day 18th day of March, 2014. Jessie L. Barksdale, Chairman Pittsylvania County Board of Supervisors Otis S. Hawker, Interim County Administrator Pittsylvania County Board of Supervisors P15 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE, Proclamation - National Animal Control Week 03- 18-2014 SUBJECT/PROPOSAL/REOUEST• Proclamation- National Animal Control Week STAFF CONTACT(S): Mr. Hawker ACTION: CONSENT AGENDA: ACTION: Yes ATTACHMENTS: Yes ITEM NUMBER: 5(b) INFORMATION: INFORMATION: BACKGROUND: Each year, the Board of Supervisors supports the Animal Control Officers in Pittsylvania County, as well as those in other jurisdictions that provide the public safety of animal control in their communities. DISCUSSION: Attached hereto, is a proclamation on Animal Control Appreciation Week for the week of April 13s' -19', 2014. The Board of Supervisors is encouraging citizens to join in expressing their sincere appreciation and gratitude for the many hours of service provided by Animal Control Officers and safety for our community. RECOMMENDATION: Staff recommends the Board of Supervisors approve the attached proclamation and direct the County Administrator to submit it to the required news media. P16 VittopYbania Couutp Jgoarb of Ouperbifsoro Prodamatfon NATIONAL ANIMAL CONTROL APPRECIATION WEEK April 13`h —April 19'h' 2014 VIRGINIA: AT THE ADJOURNED MEETING OF THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS IN THE GENERAL DISTRICT COURTROOM IN CHATHAM, VIRGINIA ON TUESDAY, MARCH 18, 2014, THE FOLLOWING PROCLAMATION WAS PRESENTED AND ADOPTED: Whereas, the National Animal Control Association has designated the second week in April each year as Animal Control Appreciation Week; and Whereas, the various Federal, State, and Local Government Officials throughout the Country takes this time to recognize, thank and commend all Animal Control Officers for the dedicated service they provide to the Citizens, various Public Safety, Public Service Agencies and Departments throughout the Country, and Whereas, the Pittsylvania County Board of Supervisors would like to express its sincere thanks and appreciation for the outstanding service the Pittsylvania County Animal Control Department who risk their lives and spend huge amounts of personnel resources including time away from family and friends while serving the public like all other public safety and law enforcement agencies involved and empowered with the same duties; and Whereas, the Pittsylvania County Board of Supervisors recognizes and commends the Animal Control Officers for the many dedicated and long hours of service they perform in serving this community, and for fulfilling their commitment to providing the highest and most efficient level of service; and WHEREAS, the Pittsylvania County Board of Supervisors wishes to commend each and every Animal Control Officer for their service, which is in keeping with the long and distinguished tradition of the Animal Control Profession; and Now, Therefore, Be It Hereby Resolved, by the Pittsylvania County Board of Supervisors officially recognize and proclaim the week of April 13'h through 19ih, 2014 as National Animal Control Appreciation Week and respectfully asks all Citizens, Public Safety, Health, and Public Service Personnel alike to join in expressing their sincere thanks, gratitude and appreciation for the many long hours of outstanding service and quality performance these outstanding individuals provide throughout the year to assure the safety and welfare ofall. Given under my hand this 18`h day of March, 2014. Jessie L. Barksdale, Chairman Pittsylvania County Board of Supervisors Otis S. Hawker, Interim Clerk Pittsylvania County Board of Supervisors P17 PITTSYLVANIA COUNTY Board of Supervisors AGENDA TITLE: Proclamation - National Public Safety Telecommunciations Week Proclamation- National Public Safety Telecommunications Week STAFF CONTACT(S): Mr. Hawker EXECUTIVE SUMMARY AGENDA DATE: 03 -18 -2014 ACTION: CONSENT AGENDA: ACTION: Yes ATTACHMENTS: Yes 5(c) INFORMATION: INFORMATION: REVIEWED BY: {dam BACKGROUND: The Board of Supervisors annually passes resolutions to support the dispatchers in the County's Dispatch 911 Center for the work they do to provide safety for the community throughout the year. Attached hereto, is a proclamation establishing the National Public Safety Telecommunications Week for April 13th -19th, 2014 in Pittsylvania County, and an example of Certificates of Appreciation to be given to each Pittsylvania County dispatcher. The Board of Supervisors expresses their sincere appreciation and honors the men and women who diligence and professionalism keeps the County and citizens of our community safe. RECOMMENDATION: Staff recommends the Board of Supervisors approve the attached proclamation and authorize the County Administrator to submit it to the required news media. Im v[tt!5pYballla couiltp 380arb Of 6II}Ierbig005 Prodaination NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK April 13'h — 19'', 2014 VIRGINIA: AT THE ADJOURNED MEETING OF THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS IN THE GENERAL DISTRICT COURTROOM IN CHATHAM, VIRGINIA ON TUESDAY, MARCH 18, 20149 THE FOLLOWING PROCLAMATION WAS PRESENTED AND ADOPTED: WHEREAS, the Public Safety Dispatchers of the Pittsylvania County Emergency Communications Center, who processed 174,859 emergency and non - emergency telephone calls in 2013, are the first and most critical contact that our citizens have with Pittsylvania County's emergency services; and WHEREAS, these dispatchers are the vital link to those calling for help and to police officers, firefighters, and paramedics; and WHEREAS, dispatchers monitor emergency personnel's activities by radio and telephone, and provide them with life saving information to ensure their safety; and WHEREAS, the safety of our police officers, firefighters, and paramedics is dependent upon the quality and accuracy of information obtained by all Emergency Communications Technicians from the citizens who telephone the Pittsylvania County Emergency Communications Center; and WHEREAS, the Public Safety Dispatchers of the Pittsylvania County Emergency Communications Center have contributed significantly to the apprehension of criminals, suppression of fire and the treatment of patients in life threatening situations; and WHEREAS, each dispatcher, the unseen individual providing a calm voice when emergencies arise, has exhibited compassion, empathy, and professionalism, keeping our county and citizens safe; WHEREAS, these individuals save countless lives by responding to emergency calls, dispatching emergency personnel and equipment and providing moral support to citizens in distress; and WHEREAS, each dispatcher has exhibited compassion, understanding and professionalism during the performance of their job in the past year; then THEREFORE, BE IT HEREBY PROCLAIMED that the Pittsylvania County Board of Supervisors proclaims the week of April 13'h through 191h, 2014 to be National Telecommunications Week in Pittsylvania County, Virginia, in honor of the men and women whose diligence and professionalism keep our County and citizens safe. Given under my hand this day le day of March, 2014. Jessie L. Barksdale, Chairman Pittsylvania County Board of Supervisors Otis S. Hawker, Interim Clerk Pittsylvania County Board of Supervisors AL O Vie N C� yv N V O 0 ti A� W O v D O V CD f C� O o � N O o� x I ..o M � r-I N P20 U � � O �a 4� � O � O � � O O U � O 0 h CS � •� U O � o Ij c .0 0 o N o �cq .y PUBLIC HEARING P21 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Public Hearing - Proposed Amendment to the Pittsylvania County Code Zoning Ordinance; Section 35- 384 - Special Use Permits -Adult Use Public Hearing STAFF CONTACT(S): Otis S. Hawker AGENDA DATE: 03 -18 -2014 ACTION: Yes CONSENT AGENDA: ACTION: ITEM NUMBER: 6 INFORMATION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: Ok DISCUSSION: At their December 17, 2014 meeting, the Board of Supervisors voted unanimously to send recommendations back to the Planning Commission, amending the Planning Commission's submission on a proposed amendment to the Pittsylvania County Code Zoning Ordinance; Section 35- 384 - Special Use Permits -Adult Use. (see Attachment `B "). The Planning Commission approved the Board of Supervisors' recommended changes to the proposed amendment and sent a final draft of their recommended proposed amendment back to the Board of Supervisors. The Board then voted unanimously at their February 18, 2014 meeting to hold a public hearing on Tuesday, March 18, 2014 at 7p.m. to receive citizen input on a proposed amendment to the Pittsylvania County Zoning Ordinance, Chapter 35, for the addition of Adult Uses under Industrial District (M -1) Light Industry, Section 35 -384, Special Use Permits. (See attachment "A ".) RECOMMENDATION: Staff submits this to the Board of Supervisors for their review and consideration. P22 The Pittsylvania County Board of Supervisors will hold a public hearing on Tuesday, March 18, 2014 at 7p.m. to receive citizen input on a proposed amendment to the Pittsylvania County Zoning Ordinance, Chapter 38, for the addition of Adult Uses under Industrial District (M -1) Light Industry, Section 35 -384, Special Use Permits. The meeting will be at 7:00pm in the General District Courtroom, second floor, of the Edwin R. Shields Courthouse Addition in Chatham, Virginia. A copy of the proposed change will be available for review in the Office of the County Administrator located at 1 Center Street in Chatham, Virginia between the hours of 8a.m.- 51).m., Monday - Friday and on the County's website, www.pitt og v.org. P23 Section XX -XX. ADULT USES, XX -XX -1. Application. In any district in which a use is otherwise permitted, if such use constitutes an "adult use," as defined herein, the minimum requirements and standards set out in this division shall apply to such use. XX -XX -2. Definitions. In this section, unless the context otherwise regpires, the following words or terms are defined as set out herein:" Adult bookstore: An establishment that devotes more than fifteen percent (15 °) of the total floor area utilized for the display of books and periodicals to the dis ay inid safe of the following: - a. Books, magazines, periodicals or other p ' ed matt or photographs, films, motion pictures, video cassettes, slides, tapes, records or � orms of visual or audio representations which are characterized by an emphasis uA, t1l iction or description of <> "specified sexual activities" or "specified anatomical areas t" 917 b. Instruments, devices or p the lid which are designed for use in connection with "specified sexual activities." An adult bookstore does not inclu tablishment that sells books or periodicals as an incidental or accessory part of its c st k -in -trade and does not devote more than 15 percent (15 %) of the total floor o e blishment to the sale of books and periodicals. Adult use: Any adult e dult motion picture theatre, adult mini - motion picture theatre, adult motion p' adult model studio, adult drive -in theatre, or massage parlor, as defined hers' Adult motr`o ture theatre: An establishment ' with a capacity of fifty (50 ) or more ffi f'v persons, whye, f6'" ,form of consideration, films, motion pictures, video cassettes, slides or similar,ph reproductions are shown; and in which a substantial portion of the total :k is devoted to the showing of material which is distinguished or characterized sis upon the depiction of description of "specified sexual activities" or "specified d areas" for observation by patrons. Movies rated "G," "PG," "PG -13," or "R" by the Picture Association of America shall be exempted from Adult Use standards /regulations. Adult mini - motion picture theatre: An establishment, with a capacity of more than five but less than fifty (50) persons, where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a Page 1 of 4 ATTACHMENT "A" P24 substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons. Movies rated "G," "PG," "PG -13," or "R" by the Motion Picture Association of America shall be exempted from Adult Use standards /regulations. Adult motion picture arcade: Any place to which the public is permitted or invited wherein coin or slug- operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and wk the images so displayed are distinguished or characterized by an emphasis on epi tin'' -or describing "specified sexual activities" or specified "anatomical areas." vies rte G," "PG," "PG- 13," or "R" by the Motion Picture Association of America sha� pted from Adult Use standards /regulations. Adult drive -in- theatre: An open lot or part t A01 *th purtenant facilities, devoted primarily to the presentation of motion pictures, flaR& th Vacal productions and other forms of visual productions, for any form of considerati�j tie s in motor vehicles or on outdoor seats, and presenting material distingui or acterized by an emphasis on matter depicting, describing or relating to "s ed ual activities" or "specified anatomical areas" for observation by patrons. Mov�ajed "PG," "PG -13," or "R" by the Motion Picture Association of America shall b xe ted om Adult Use standards /regulations. Adult model studi e a .ishment open to the public where, for any form of consideration or gratuit fi I dels who display "specified anatomical areas" are provided to be observed, s painted, sculptured, photographed, or similarly depicted by persons, other proprietor, paying such consideration or gratuity. This provision shall not apply to y sc o of art which is operated by an individual, firm, association, partnership, corpffwssage tion which meets the requirements established in the Code of Virginia, 195 , for the issuance or conferring of, and is in fact authorized thereunder to issue oma. a rlor: Any establishment, whether private or public, operated as a massage salon, bath parlor or similar type of business where any physical or mechanical contact is made to a recipient's body by another person or mechanical device for the purpose of massaging or stimulating the recipient's body. Specified anatomical areas: a. Less than completely and opaquely covered: Page 2 of 4 ATTACHMENT "A" P25 1. Human genitals, pubic region; 2. Buttock, and 3. Female breast below a point immediately above the top of the areola. b. Human male genitals in discernibly turgid state, even if completely and opaquely covered. Specified sexual activities: a. Human genitals in a state of sexual stimulation or aroui b. Acts of human masturbation, sexual intercourse or`ix; d C. Fondling or other erotic touching of human genitals, pubic "fekion, buttock or female breast. i XX -XX -3. Requirements and Standards. )t , _l A. No Adult use shall be permitted: 1. Within three (3) miles of any other ex' A 1 Use; and 2. Within two- thousand (2,000) feet of xisting residential use or residentially zoned district, or any of the to uses: a. Churches, monasterkan: nagogues, convents, or other places of worship; b. Public and rivat Or other educational institutions, up to and including twelfth (12`) gr de, adjunct play areas, and colleges; and c. Public play c munity swimming pools, day -care center, public parks, and nubli ihra c 3. All dis e p d in this section shall be measured from the property line of one use o r. The distance between an Adult Use and a residentially zoned district sh I be e ' ed from the property line of the use to the nearest point of the bo ary ne of the residentially zoned district; and istablishment" of an Adult Use as referred to herein shall include the opening of s business siness as a new business, the relocation of such business, the enlargement of `, such business in either scope or area, or the conversion, in whole or part, of an existing business to any Adult Use; and 5. In addition to the requirements set forth in this section, all Adult Uses shall be required to comply with any and all other local, state, or federal ordinances, regulations, and law applicable to the same. B. Signs and other visible messages. Page 3 of 4 ATTACHMENT "A" P26 1. Signs: a. Sign messages shall make no reference to specified anatomical areas or specified sexual activities; and b. Sign messages may not include any graphic or pictorial depiction of material or services available on the premises; and c. Signs shall also meet all additional requirements contained in this ordin e. 2. Other visible messages. a. Messages which are visible or intended to be visible from 0 9 tsi the property (such as on or within doors or windows) shall not y ° at rials, items, publications, pictures, films, or printed material available the premises; or pictures, films, or live presentations of persons perfop mor rvices offered on the premises. , r Page 4 of 4 ATTACHMENT "A" P27 Adjourned Meeting December 17, 2013 Motion was made by Mr. Barksdale, seconded by Ms. Bowman, to set a public hearing for citizen input on January 21, 2014 for a proposed amendment to 2 -22; Running At Large, of the Pittsylvania County Code that would allow Lakeside Drive to be included, which was unanimously approved by the Board. Motion was made by Mr. Blackstock, seconded by Ms. Bowman, to award a contract to Dewberry Engineers in the amount of $12,200.00 for engineering and design services for jail showers, and authorize the Interim County Administrator to sign any necessary documentation, which was unanimously approved by the Board. '� 1 Motion was made by Mr. Barber, seconded by Ms. Bowman, to set a pub ' ing for citizen input on a proposed amendment to the Pittsylvania County Zoning O cc for the addition of Adult Uses under Industrial District (M -1) Light Industry, Sect] -384, Special Use Permits. Ms. Bowman then made a substitute motion, seconded . Barksdale, to amend from 2 to 3 miles of adult use within an existing adult us, an from 1,000 feet to 2,500 feet from any existing residential use or residentially zone distri , as well as places of workshop, and schools - private or public, including public pla s, community swimming pools, public parks and libraries, and day -care centers. A r discussion, Ms. Bowman and Mr. Barksdale withdrew their substitute motion, and er withdrew his motion as did Ms. Bowman on her second. Motion was then made b wman, seconded by Mr. Harville, to send the proposed ordinance back to the Commission with the Board's recommended changes, which was unanimously ap r d by the Board. Appointments Motion was made by Mr. Barks loebonded by Mr. Harville, to appointment Roger Jefferson and George Winn to represent tkt gricultural community and appoint Tim Clark to represent the real estate /developrn community on the Subcommittee for Setback Study, which was approved by a 6 -1 majority cv e 7►Cf A Board, with Mr. Hagerman opposing. Motion was made by r. Harville, seconded by Mr. Barber, to appoint Valeria Nozzi as the Dan River representaf d re- appoint Diane Donnelly as the Staunton River representative to the Beautificatio B or one -year terms each beginning January 1, 2014 until December 31, 2014, which wad mously approved by the Board. Motiox Thade by Mr. Harville, seconded by Mr. Barber, to appoint the Honorable Elton Blac as the Staunton River District representative to the Pittsylvania County Service Authorit 4 -year term beginning January 1, 2014 until December 31, 2017, which was una}ta, approved by the Board. 'y Motion was made by Mr. Barber, seconded by Mr. Barksdale, to approve and appoint the submitted proposed slate of Directors to the 2014/15 Pittsylvania County Agricultural Development Board, which was unanimously approved by the Board. Adjournment Motion was made by Mr. Barber, seconded by Mr. Harville, to adjourn the meeting, which was unanimously approved by the Board. The meeting adjourned at 8:43pm. P28 ATTACHMENT "B" PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Public Hearing — Amend Chapter 1, Article III, Section 1.8 —Joint Exercise of Powers SUBJECT/PROPOSAL/REOUEST: Public Hearing STAFF CONTACT(S): Mr. Hawker AGENDA DATE: 03 -18 -2014 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: 7 INFORMATION: INFORMATION: At their March 3, 2014 meeting, the Board of Supervisors voted to hold a public hearing at 7:00 p.m. on Tuesday, March 18, 2014 in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia to receive citizen input on a proposed amendment to Chapter 1, Article III, Section 1.8 of Pittsylvania County Code. The proposed amendment would incorporate a Revised Organizational Cooperative Agreement that would expand TLAC's responsibilities to include Leesville Lake, and incorporate Campbell County into the Agreement into Chapter 1, Article III, Section 1.8 of Pittsylvania County Code. Attached hereto is (a) the proposed amendment to Chapter 1, Article III, Section 1.8 of Pittsylvania County Code, and, (b) the proposed Revised Organizational Cooperative Agreement that would expand TLAC's responsibilities to include Leesville Lake, and incorporate Campbell County into the Agreement. RECOMMENDATION: Staff submits this proposed amendment to Chapter 1, Article III, Section 1.8 of Pittsylvania County Code that would incorporate a Revised Organizational Cooperative Agreement, expanding TLAC's responsibilities to include Leesville Lake, and incorporate Campbell County into the Agreement into Chapter 1, Article III, Section 1.8 of Pittsylvania County Code for the Board of Supervisors' review and consideration. P29 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Request for Public Hearing — Revised Organizational Cooperative Agreement -Tri- County Lake Administrative Commission SUBJECT/PROPOSAL/REOUEST• Request for Public Hearing STAFF CONTACT(S)• Mr. Hawker AGENDA DATE: 03 -03 -2014 ACTION: Yes V, k CONSENT AGEND : ACTION: INFORMATION: BACKGROUND: lith Pittsylvania County currently is in a Cooperative Franklin and Bedford Counties that forms the Tri -County Lake Administrative Commission (TL�t has responsibilities at Smith Mountain Lake. DISCUSSION: Attached hereto, is a proposed responsibilities to include Leesv intergovernmental agreement, b citizen input is required QaA 1, Article III, Section 1. Franklin have held their 0 anizational Cooperative Agreement that would expand TLAC's y� incorporate Campbell County into the Agreement. Because this is an J oard of Supervisors can vote on this proposal, a public hearing for th § 15.2- 1300(B) of the Code of Virginia, 1950, as amended, and Chapter County Code. (See Attached) The Counties of Bedford, Campbell and and have approved the attached agreement. of Supervisors set a public hearing for citizen input on the proposed Revised .greement with TLAC for 7pm on March 18, 2014. P30 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a public hearing at 7:00 p.m. on Tuesday, March 18, 2014 in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia to receive citizen input on a proposed amendment to Chapter 1, Article III, Section 1.8 of Pittsylvania County Code. The proposed amendment would incorporate a Revised Organizational Cooperative Agreement that would expand TLAC's responsibilities to include Leesville Lake, and incorporate Campbell County into the Agreement into Chapter 1, Article III, Section 1.8 of Pittsylvania County Code. A complete text of the proposed changes are available in the Office of the County Administrator, 1 Center Street, Chatham, Virginia, Monday through Friday between the hours of 8:00 a. m. and 5:00 p. m, as well as on the County's website at www.pittgov.org P31 requires the seal of the county shall be valid unless the seal described herein, shall be duly affixed thereto, attested by the county clerk. The clerk shall be the custodian of the county seal. An imprint of the seal is hereby approved and adopted is attached to the original draft of this ordinance. This ordinance shall become effective on and all other ordinances or parts of ordinances in conflict herewith are hereby repealed on January 1, 1975. SEC, 1 -8. JOINT EXERCISE OF POWERS The Board of Supervisors of Pittsylvania County may enter into an interg � agreement where two or more political subdivisions share joint action Rded, e authority of Chapter 13, Section 15.2 -1300, Code of Virginia, 195 provided that all requirements of Section 15.2 -1300 are met ent is identified herein. (a) Agreement between Pittsylvania County, Virginia, the P ,I nNCounty Industrial Development Authority, and the Pittsylvania Econ ,ve ment Organization, February 18, 1986. (b) Agreement entitled "Tri -County Lake Pittsylvania County, Virginia, Frankli Virginia, October 2, 2000. % (c) Agreement entitled "Regi Revenue sharing between' Virginia, October 1, 2001. mission" between the and Bedford County, � Authority" for Cost sharing and Virginia, and Pittsylvania County, (d) Agreement entitled (TIONWers Association Agreement" Virginia Energy Purchasing Goveroxe Asociation. (e) Agreement e D'ajr t Exercise of Powers Agreement for Broadband Internet Services" a Pittsylvania County, City of Danville, Danville Public School n ia County Schools. (B.S.M. 05- 18 -04) (f) in e fled `Boundary Adjustment — Town of Hurt" between Pittsylvania the own of Hurt. (B.S.M. 02- 04 -08) Agr ent between Town of Chatham — Pittsylvania County for Booster Station and ervice Area North of the Town of Chatham. (B.S.M. 11- 16 -10) (h) Agreement entitled "Memorandum of Understanding; Southern Virginia Regional Alliance" between the Virginia Economic Development Partnership Authority, the Future of the Piedmont Foundation, the City of Danville, Virginia, the City of Martinsville, Virginia, the County of Pittsylvania, Virginia, the County of Halifax, Virginia, the County of Henry, Virginia, and the County of Patrick, Virginia. (B.S.M. 05- 17 -11) P32 (i) Agreement entitled "Organizational Cooperative Agreement Creating the Tri- County Lakes Administrative Commission (TLAC)" between the Counties of Bedford, and Campbell, and Franklin, and Pittsylvania, for a joint administrative organization under the provisions of §15.2.1300 of the Code of Virginia, 1950, as amended, and is: to be known at the Tri- County Lakes Administrative Commission. (B.S.M. 03 -18 -2014) P33 16 To: Mr. Otis Hawker, Interim Pittsylvania County Administrator Mr. Rick Huff, Franklin County Administrator Mr. David Laurrell, Campbell County Administrator Mr. Mark Reeter, Bedford County Administrator From: Pam Dinkle, Lake Management and Project Coordinator Date: December 12, 2013 Re: Revised Organizational Cooperative Agreement Upon the direction of the Tri- County Lake Administrative Commission (TLAC) Board of Directors at their December 10, 2013 meeting, please find attached the revised Organizational Cooperative Agreement creating the Tri- County Lakes Administrative Commission. Section 15.2.1300 of the Code of Virginia provides for the development of a joint administrative organization such as TLAC. TLAC currently has responsibilities at Smith Mountain Lake which are identified in the current Organizational Agreement. The purpose of this revision is to expand TLAC's responsibilities, as identified within the revised agreement, to include both Smith Mountain Lake and Leesville Lake. If it is the desire of the four County Boards of Supervisors that TLAC be expanded as defined within the revised Organizational Cooperative Agreement, then approval of this document is necessary by all four Counties' Board of Supervisors. Additionally, a budget for the revised TLAC will also need to be approved by the four counties. If approved, it is anticipated that the effective date of the agreement will be July 1, 2014. P34 ORGANIZATIONAL COOPERATIVE AGREEMENT CREATING THE TRI- COUNTY LAKES ADMINISTRATIVE COMMISSION (TLAC) Creation of the Tri- County Lakes Administrative Commission ( "TLAC ") This Cooperative Agreement is among the counties of Bedford, and Campbell, and Franklin, and Pittsylvania, for a joint administrative organization under the provisions of Section 15.2.1300 of the Code of Virginia, and is: • to be known as the Tri- County Lakes Administrative Commission PURPOSE: The purpose of the Tri- County Lakes Administrative Commission is to serve as an administrative department for the four counties surrounding Smith Mountain Lake and Leesville Lake, and is established to carry out lake planning duties as may be assigned by the respective Boards of Supervisors. Such duties may also include, but are not limited to, navigation marker issues, aquatic vegetation issues, debris cleanup issues, monitoring of License requirements, and coordination with American Electric Power on lake- related issues. The Tri- County Lakes Administrative Commission may also be directed by the Boards of Supervisors from time to time to perform specific projects which will require the coordination of lake volunteers in order to accomplish such activities. The Tri- County Lakes Administrative Commission shall serve as the first point of contact for lake- related issues and concerns and shall forward such concerns as are appropriate to the body or agency best able to respond to the citizen. Notwithstanding the above, the Tri- County Lakes Administrative Commission is authorized only to perform those duties as approved in the annual Work Plan and as amended, by its Board of Directors and which are not the responsibility of Appalachian Power Company /American Electric Power or its assigns and successors by virtue of its License with the Federal Energy Regulatory Commission. MISSION: The mission of the Tri- County Lakes Administrative Commission is to assist in the development of a harmonious community at the lakes through the administration of the programs and projects delegated to it by the Boards of Supervisors of the affected counties and to study and advise the Boards of Supervisors on issues related to the overall well being of the lakes as directed by the member counties. It is the mission of the Tri- County Lakes Administrative Commission to do for the four counties in a more efficient and effective manner what any one of the member counties could do for themselves individually; and, to perform such duties and to exercise such appropriate powers and authority as may be delegated by the Boards of Supervisors of the member counties to the 'TLAC" and not exceeding the limits of delegation as prescribed under the Code of Virginia. FinalRevisedCoopAgmtDec2013 Page 1 P35 GUIDING PRINCIPLES: (1) The "TLAC" shall serve at the direction of the member counties with input from the lakes community at large, and such other citizens who may wish to offer input into the public process of guiding lakes area concerns. (2) The four member counties shall agree as to a fiscal agent for the "TLAC" who will process all income and expenditures of the entity under the guidelines established by the fiscal agent and shall be reimbursed by the TLAC budget for reasonable costs experienced in providing this service. Employees assigned to staff the "TLAC" shall be employees of the fiscal agent and function in the same manner as all other employees of the fiscal agent. (3) A work program shall be approved annually by the "TLAC" Board and shall guide the activities of the "TLAC ". DURATION OF COOPERATIVE AGREEMENT: This Cooperative Agreement shall become effective immediately on approval and adoption of resolutions by Bedford, and Campbell, and Franklin, and Pittsylvania counties, and shall run for two year terms beginning or as the Cooperative Agreement may be amended or extended by action of parties to the Cooperative Agreement. This provision is to assure that the "TLAC's" effectiveness is regularly reviewed by member counties and recognizes that member counties may choose to supplant the TLAC with a modified organization or terminate the TLAC in favor of a new organization or entity. In the event written notice of termination is not given by any party to this agreement as provided herein, then this contract shall automatically renew for a term of twenty -four (24) months, and shall automatically renew at the end of each successive term thereafter, unless such notice is given. ORGANIZATION OF THE TRI- COUNTY LAKES ADMINISTRATIVE COMMISSION: The "TLAC" shall be comprised of the three members each from the participating political subdivisions of Bedford, and Franklin, and Pittsylvania Counties. One member from each political subdivision shall be a member of the Board of Supervisors of that political subdivision whose voting district borders Leesville or Smith Mountain Lakes, or his /her alternate; the alternate for the Board of Supervisors from Bedford and Franklin and Pittsylvania Counties shall be another member of the respective Board of Supervisors: one member shall be a citizen at large who shall reside in a voting precinct whose area shall include the shoreline of Leesville or Smith Mountain Lakes; one member shall be the County Administrator, or his designee. Campbell County, because of its smaller area involvement and financial responsibility, shall have two members appointed by its Board of Supervisors annually; these shall include: a county Board of Supervisors member whose voting district borders Leesville Lake, or his /her alternate. The other member shall be the County Administrator, or his designee. There shall also be one member each from the Smith Mountain Lake Association (SMLA) and the Leesville Lake Association (LVLA) which shall annually recommend a member representative to the local Board of Supervisors. There shall also be one member appointed by American Electric Power Company who will be an ex- officio, non - voting member. There shall be a total of 13 voting members and 1 non - voting member. FinalRevisedCoopAgmtDec2013 Page 2 wi, a) Appointments to 'TLAC ". The citizen members and Board members of the Tri- County Lakes Administrative Commission will be appointed by the Boards of Supervisors of the county which they represent. The SMLA and LVLA members shall be appointed by the Board of Supervisors of the county in which they reside. These members shall serve at the pleasure of the respective Boards of Supervisors. Appointments should be made at annual Board of Supervisors reorganization meetings and terms shall run from February 1 through January 31. b) Members of the "TLAC" shall elect a member as "TLAC" chairman, and a member as vice chairman, and a member as secretary at its next regularly scheduled meeting following February 1. c) Compensation of "TLAC" members. The respective member jurisdiction's Board of Supervisors shall determine compensation, if any, to be received by their respective appointed "TLAC" members. FUNDING: The percentage of shoreline for each of the lakes, as it relates to the four counties, is as follows: SMITH MOUNTAIN LAKE (SML) Franklin 288 miles -57.5% Bedford 192 miles -38.3% Pittsylvania 21 miles - 4_2% 100% LEESVILLE LAKE (LVL) Bedford 26 miles -25.0% Campbell 12 miles -11.0% Pittsylvania 67 miles -64.0% 100% The budget amount for the Executive Director will be funded 80% by the SML counties according to the above percentages, and 20% by the LVL counties according to the above percentages, and be contained in each budget. Funding for the SML budget and the LVL budget shall be the responsibility of the applicable counties in the proportion as set forth above. The lowest approved budget by each of these applicable counties for each lake shall be used. It is expressly understood however, that any County can fund the budget in a greater amount. It is the intent of the parties that the historic function of TLAC continue, and that the budget for the SML counties continue to reflect primarily matters concerning SML and only those LVL issues relevant thereto. Therefore, the LVL budget shall include matters exclusive to LVL counties, including the expense for the LVL staff, as well as an estimate of any additional FinalRevisedCoopAgmtDec2013 Page 3 I alri expense (including time and mileage) of other TLAC staff devoted to LVL matters beyond the expense for the Executive Director. The LVL counties (in the proportions set forth above) shall be responsible for said cost for other TLAC staff. EXECUTIVE COMMITTEE: The Executive Committee includes the four County Administrators. The purpose of the Executive Committee shall be to present an annual budget for the LVL counties and for the SML counties for the approval of their respective counties, to assist the Executive Director in addressing essential business between regular Board meetings, to take action on all matters which cannot or should not be deferred until the Board's next meeting, review of potential Board meeting topics when appropriate, support the Executive Director and assess his /her performance. The Executive Committee shall meet as often as necessary. A majority of the voting members shall constitute a quorum. METHODS (CONCEPT) OF OPERATION: It is the intent of the parties hereto that TLAC operate under the following parameters: a) TLAC shall create citizen committees devoted to SML matters, and separate citizen committees devoted to LVL matters. b) The Executive Director shall segregate staff time devoted to LVL matters for accounting purposes. c) The TLAC representatives from Campbell County shall abstain from discussion or voting on matters regarding SML; and likewise, Franklin County representatives from matters regarding LVL. d) Only two Pittsylvania County representatives may vote on SML matters, in the following order: supervisor, administrator, citizen -at- large. e) Any activities, programs, or initiatives which pertain only to LVL must be recommended by the LVL staff to TLAC for approval, and shall be funded by the LVL counties according to the aforesaid formula. WITHDRAWALS FROM THIS COOPERATIVE AGREEMENT: Any party to this Cooperative Agreement shall have the right to withdraw from this Cooperative Agreement at any time after written notification to the "TLAC" of the party's intention to withdraw from the 'TLAC". Written notification of intent to withdraw shall be tendered to the "TLAC" at least 180 days before the date of official withdrawal. This is restricted in that notice must be given at least 180 days before the end of the 'TLAC's" then current fiscal year. In the event that any of the counties withdraw from the agreement, then the agreement will be terminated. DISPOSITION OF PROPERTIES AND FUNDS OF THE TRI- COUNTY LAKES ADMINISTRATIVE COMMISSION UNDER TERMINATION: In the event of termination, funds, records, and tangible property, real and personal, that are held by the "TLAC ", or are in custody of its administrative entity, its agents or assigns, shall be returned to the participating political subdivision pro rata FinalRevisedCoopAgmtDec2013 P38 ZMJ to their annual rates of contributions, or as otherwise agreed to by the member counties. Participating political subdivisions shall be defined as those that are members to the Cooperative Agreement on the day before termination shall become effective. Annual rate shall be that which the termination of this Cooperative Agreement shall occur. COMMITTEES: The "TLAC" shall from time to time establish such special committees as deemed necessary for aiding in the effective implementation of the "TLAC's" responsibilities, duties and authorities. Committees shall report to the 'TLAC ". The Executive Committee of the "TLAC" may be utilized in communications between the "TLAC" and committees and between the committees and outside persons. The chair of any such committee need not be a member of 'TLAC ", unless deemed necessary by the Executive Committee, and all committee appointments shall be approved by the TLAC. The chairs are expected to attend TLAC Board meetings on a regular basis. EFFECTIVE DATE OF THIS COOPERATIVE AGREEMENT: This Cooperative Agreement between the counties of Bedford and Campbell and Franklin and Pittsylvania shall be effective beginning on the _ day of 2014. BEDFORD COUNTY BOARD OF SUPERVISORS BY CHAIRMAN OF THE BOARD ATTEST: CLERK APPROVED AS TO FORM: COUNTY ATTORNEY CAMPBELL COUNTY BOARD OF SUPERVISORS BY CHAIRMAN OF THE BOARD ATTEST: CLERK APPROVED AS TO FORM: COUNTY ATTORNEY FinalRevisedCoopAgmtDec2013 Page 5 P39 FRANKLIN COUNTY BOARD OF SUPERVISORS BY CHAIRMAN OF THE BOARD ATTEST: CLERK APPROVED AS TO FORM: COUNTY ATTORNEY PITTSYLVANIA COUNTY BOARD OF SUPERVISORS BY CHAIRMAN OF THE BOARD ATTEST: CLERK APPROVED AS TO FORM: COUNTY ATTORNEY Final Revised CoopAgmtDec2013 Page 6 P40 UNFINISHED BUSINESS P41 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY BACKGROUND: DISCUSSION: Attached is a list of expenditure refunds for the month of January 2014 for review. As discussed earlier with the Board, the simple routine of putting every refund back in the budget is extremely time consuming and leaves room for errors. To stay in balance with the Treasurer, we need to reappropriate refunds into the budget so the budget would increase with every expenditure refund. RECOMMENDATION: Staff recommends the reappropriation of funds as follows: $199.67 to Clerk of Courts - Copier Lease (100 -4- 021600- 60051), $100.00 to Sheriff -DARE Supplies (100 -4- 031200- 6002), $60.00 to Sheriff -Parts (100 -4- 031200- 6030), $18.00 to VFD- United Way Contributions (100 -4- 032200 - 5667), $102.00 to Jail- Extradition (100 -4- 033100 - 5550)5 $18,457.82 to WIA -Other Operating (251 -4- 353853- 6014). MOTION MADE BY MR. HARVILLE AND SECONDED BY MR. BARBER AND HAS NOW MET THE 10 -DAY LAYOVER REQUIREMENT. ROLL CALL VOTE REQUIRED. P4z AGENDA DATE: ITEM NUMBER: AGENDA TITLE: 3 -18 -14 8 Expenditure Refunds- Motion made by Mr. Harville ACTION: INFORMATION: and seconded by Mr. Barber and has now met the 10- Yes day layover requirement CONSENT AGENDA: ACTION: INFORMATION: SUBJECT/PROPOSAL/REQUEST: Budget Amendment for expenditure refunds ATTACHMENTS: Yes REVIEWED BY: STAFF CONTACT(S): Hawker, VanDerH de BACKGROUND: DISCUSSION: Attached is a list of expenditure refunds for the month of January 2014 for review. As discussed earlier with the Board, the simple routine of putting every refund back in the budget is extremely time consuming and leaves room for errors. To stay in balance with the Treasurer, we need to reappropriate refunds into the budget so the budget would increase with every expenditure refund. RECOMMENDATION: Staff recommends the reappropriation of funds as follows: $199.67 to Clerk of Courts - Copier Lease (100 -4- 021600- 60051), $100.00 to Sheriff -DARE Supplies (100 -4- 031200- 6002), $60.00 to Sheriff -Parts (100 -4- 031200- 6030), $18.00 to VFD- United Way Contributions (100 -4- 032200 - 5667), $102.00 to Jail- Extradition (100 -4- 033100 - 5550)5 $18,457.82 to WIA -Other Operating (251 -4- 353853- 6014). MOTION MADE BY MR. HARVILLE AND SECONDED BY MR. BARBER AND HAS NOW MET THE 10 -DAY LAYOVER REQUIREMENT. ROLL CALL VOTE REQUIRED. P4z PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY BACKGROUND: \ \� DISCUSSION: Attached is a list of expenditure d r the month of January 2014 for review. As discussed earlier with the Board, the simple ro n ing every refund back in the budget is extremely time consuming and leaves room for errors . t alance with the Treasurer, we need to reappropriate refunds into the budget so the budget WNNAC ase with every expenditure refund. Staff re s L�reappropriation of funds as follows: $199.67 to Clerk of Courts- Copier Lease (100-4 - 021600 0.00 to Sheriff -DARE Supplies (1004- 031200 - 6002), $60.00 to Sheriff -Parts (100 -4- 031200 -603 18.00 to VFD- United Way Contributions (100 -4- 032200 - 5667)3 $102.00 to Jail- Extradition (100 -4- 033100 - 5550)3 $18,457.82 to WIA -Other Operating (251 -4- 353853- 6014). THIS ITEM REQUIRES A MOTION AND A 10 -DAY LAYOVER. P43 AGENDA DATE: ITEM NUMBER: AGENDA TITLE: 3 -03 -14 10 Expenditure Refunds- Requires a motion and a 10 -day ACTION: INF ION: layover Yes CONSENT AGENDA: o,� SUBJECT/PROPOSAL/REOUEST: ACTION: �1 FORMATION: Budget Amendment for expenditure refunds ATTACH Ye REV : y� STAFF CONTACT(S): G� ✓'J Hawker, VanDerH de BACKGROUND: \ \� DISCUSSION: Attached is a list of expenditure d r the month of January 2014 for review. As discussed earlier with the Board, the simple ro n ing every refund back in the budget is extremely time consuming and leaves room for errors . t alance with the Treasurer, we need to reappropriate refunds into the budget so the budget WNNAC ase with every expenditure refund. Staff re s L�reappropriation of funds as follows: $199.67 to Clerk of Courts- Copier Lease (100-4 - 021600 0.00 to Sheriff -DARE Supplies (1004- 031200 - 6002), $60.00 to Sheriff -Parts (100 -4- 031200 -603 18.00 to VFD- United Way Contributions (100 -4- 032200 - 5667)3 $102.00 to Jail- Extradition (100 -4- 033100 - 5550)3 $18,457.82 to WIA -Other Operating (251 -4- 353853- 6014). THIS ITEM REQUIRES A MOTION AND A 10 -DAY LAYOVER. P43 Finance Department P.O. Box 426 Chatham, Virginia 24531 PITTSYLVANIA COUNTY VIRGINIA Phone (434) 432 -7740 Fax (434) 432 -7746 Gretna /Hurt (434) 656 -6211 Bachelors Hall /Whitmell (434) 797 -9550 MEMO TO: Otis S. Hawker, Interim County Administrator FROM: Kim Van Der Hyde �A Finance Director SUBJECT: December Expenditure Refunds DATE: February 28, 2014 The list below shows all expenditure refunds that were sent to the Finance Department during the month of February. I am recommending that all of these expenditure refunds be reappropriated by the Board of Supervisors. 100 -4- 021600 -60051 Circuit Ct Clerk- Copier Lease Reimbursement 1004- 031200 -6002 Sheriff -DARE Supplies Donations- (100 -3- 000000 - 189915) 100 -4- 031200 -6030 Sheriff -Parts Restitution 1004- 032200 -5667 Fire & Rescue - United Way Con Contribution (100 -3- 000000 - 189912) 100 -4- 033100 -5550 Jail- Extradition 251 -4- 353853 -6014 WIA -Rent Rent Reimbursement (251 -3- 000000 - 150201) TOTAL EXPENDITURE REFUNDS — FEB P44 199.67 100.00 60.00 18.00 102.00 18,457.82 $18,937.49 PRESENTATIONS P45 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Resolution of Support to Governor of Virginia and 03 -18 -2014 Virginia General Assembly — timely pass a clean budget ACTION, Yes SUBJECT/PROPOSAL /REOUEST• Presentation by Delegates Danny Marshall and Les CONSENT AGENDA: Adams ACTION: STAFF CONTACT(S): ATTACHMENTS: Mr. Hawker Yes , ITEM NUMBER: 9 INFORMATION: INFORMATION: BACKGROUND: The Virginia General Assembly adjourned on March 8, 2014 without passing a state budget or expanding Medicaid. The Governor of Virginia called the House of Delegates and the Senate to reconvene Monday, March 24, 2014 fora Special Session on the budget and Medicaid expansion. DISCUSSION: The Honorable Delegates Danny Marshall and Les Adams will appear before the Board of Supervisors asking for the Board of Supervisors support by approving Resolution #2014 -03 -03 (see attached), which respectfully requests the Governor of Virginia and the Virginia General Assembly to timely pass a clean budget. RECOMMENDATION: Staff submits this to the Board of Supervisors for their review and consideration. P46 PfttopCbania (Couutp Jgoarb of buperbiar� RESOLUTION 2014 -03 -03 VIRGINIA: At an adjourned meeting of the Board of Supervisors of Pittsylvania County, Virginia, held on Tuesday, January 21, 2014, the following resolution was presented and adopted: WHEREAS, each year the foremost duty of the Virginia General Assembly to pass a budget or budget amendments that serve as Virginia's financial blueprint for each fiscal year; and WHEREAS, Virginia is constantly recognized for its sound fiscal management and budgetary practices as illustrated by its AAA bond rating and the strong bond ratings of many local government divisions throughout the Commonwealth; and WHEREAS, Pittsylvania County is currently in the process of developing and adopting its budget for the upcoming fiscal year; and WHEREAS, the Pittsylvania County Board of Supervisors relies on the timely passage of a budget to allocate funding to local government services and make policy and hiring decisions for the upcoming fiscal year; and WHEREAS, 62,807 residents of Pittsylvania County depend on county government to provide critical services such as education and public safety; and WHEREAS, failure to pass a timely budget will result in uncertainty for the County of Pittsylvania, which receives 45% of its funding as direct aid from the Commonwealth; and WHEREAS, the Pittsylvania County School Board relies on the timely passage of the state budget in order to see its budget and make staffing decisions, which includes teacher contracts; and WHEREAS, interruption of the provision of educational services to Pittsylvania County students will have a significant negative impact on students and families; and WHEREAS, the interruption of public safety services would likely result in the loss of property, serious injury or loss of life for Pittsylvania County citizens; and WHEREAS, critical mental health services to Pittsylvania County residents are provided via funds that flow from the state budget through county budgets; and WHEREAS, the Virginia General Assembly adjourned sine die on Saturday, March 8, 2014 without adopting a budget for the two year biennium beginning July 1, 2014; then BE IT RESOLVED by the Pittsylvania County Board of Supervisors that the Governor of Virginia and the Virginia General Assembly are urged to pass a budget as soon as practicable to ensure the continued functioning of state and local governments; and P47 BE IT FURTHER RESOLVED that the issue of Medicaid Expansion under the Affordable Care Act should be decoupled from budget negotiations and considered a separate legislative session to facilitate prompt passage of a state budget; and BE IT FURTHER RESOLVED that the Pittsylvania County Board of Supervisors shall transmit copies of this resolution to the Honorable Terence R. McAuliffe, Governor of the Commonwealth of Virginia and members of the Virginia General Assembly so they may be apprised of the sense of the Pittsylvania County Board of Supervisors in this matter. Given under my hand this 8d' dsy of March, 2014. Jessie L. Barksdale, Chairman Pittsylvania County Board of Supervisors Otis S. Hawker, Interim Clerk Pittsylvania County Board of Supervisors PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Presentation by Kay C. Crane, CEO of PATHS SUBJECT/PROPOSAL/REQUEST: Request for support of Medicaid Expansion in Virginia STAFF CONTACT(S): Mr. Hawker BACKGROUND: AGENDA DATE: 03 -18 -2014 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: 10 INFORMATION: INFORMATION: DISCUSSION: Kay C. Crane, CEO for PATHS will speak to the Board of Supervisors concerning support for Medicaid Expansion in Virginia. Attached hereto, is a copy of the resolution passed by PATHS Board members. RECOMMENDATION: Staff submits this to the Board of Supervisors for their review and consideration. P49 Resolution Supporting Insurance Coverage for the Uninsured Medicaid Reform: There is no proposal at this time to expand Medicaid. The plan the Senate is offering is one that provides private health insurance to those who would be eligible under a Medicaid expansion. What the Senate is proposing is very different from Medicaid expansion, and it is very important that this distinction be understood. The private health insurance plans would be responsible for everything. They would recruit and credential the providers, administer the health insurance, and be responsible for ensuring quality care and positive patient outcomes. Unavailability of federal money to keep paying for the insurance: This is really a non - issue, because the Senate plan has a "circuit breaker clause" that allows the state to terminate coverage if federal money is not available at the levels promised by the ACA. In addition, the ACA contains a variety of new taxes, which we are all already paying, specifically to finance the new coverage that the ACA provides. This includes the Medicaid expansion or variations of it like the Senate is proposing. The Commonwealth of Virginia is now losing $5 million dollars every day that it doesn't enact health insurance coverage for the uninsured. These funds are going to other states. Medicaid fraud: The truth is Virginia has one of the lowest Medicaid fraud rates in the country and has even received awards because of it. This isn't relevant to closing the coverage gap, however, because the Senate plan does not expand Medicaid. At PATHS there are over 5,000 patients who would qualify for Medicaid if it were to be expanded. These patients cannot afford to pay a monthly premium between $300 and $500. Yet this is what the current plan offers under the ACA. It is easy to quote numbers, but behind each of these statistics is a face of a mother, father, family member or friend who will go without coverage unless the General Assembly agrees to expand Medicaid. The Economic & Budgetary Impact The Affordable Care Act provides 100% federal funding to support the Medicaid expansion in 2014, 2015, and 2016. After that, the federal contribution is gradually reduced to no less than 90% of expansion costs. This federal funding for Medicaid expansion could support as many as 30,000 jobs in the health industry and throughout Virginia's economy. If we do not expand Medicaid, the Commonwealth will lose about $5 million each day, totaling more than $2 billion in lost federal funding each year. Without expansion, Virginia will also lose $135 million each year in state general funds savings from state- funded health programs. Virginians are already paying for Medicaid expansion through their federal taxes. We should not pay for other states to expand Medicaid while leaving hundreds of thousands of Virginians uninsured. We should bring our federal tax dollars back to the Commonwealth to help Virginians. The growth of our state economy depends on a healthy workforce. Providing coverage will help keep Virginia families secure, our businesses strong, and our job market dynamic and our economy growing. The Board of PATHS requests that the representatives in the General Assembly for the Commonwealth of Virginia vote to support a plan that would provide coverage to those who would qualify under Medicaid. f ii, Respectfully Submitted: (ej,_ Y / i' t`u � c • � (SEAL) Z son, Board Cha //ir v" (SEAL) Daniel, Vice Chair 2)!rk4�� v' (SEAL) (kibWMoody, Secretary (SEAL) (SEAL) &U A/v --+, (SEAL) Dr. Williyn Kirby (SEAL) Ce0.V d I Q11SepCe 5i/1(� lld ✓tI3 (SEAL) Joanie Davis (SEAL) Carolyn Hai i P51 NEW BUSINESS P52 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Recommendations from Finance Committee 03 -18 -2014 SUBJECT/PROPOSAL/REOUEST• Recommendations from Committee STAFF CONTACT(S): Mr. Hawker ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: 11 INFORMATION: INFORMATION: BACKGROUND: The Finance Committee of the Board of Supervisors will meet at 3:00pm on March 18, 2014 for the following: (a) Review of recommended budget submitted by the Interim County Administrator (b) Budget approved to recommend to the full Board for advertisement DISCUSSION: RECOMMENDATION: Recommendation, if any, will be received by the full Board of Supervisors from the Finance Committee on Tuesday, March 18, 2014. P53 FINANCE COMMITTEE Pittsylvania County Board of Supervisors Tuesday, March 18, 2014 3:00 PM Main Conference Room Captain Martin Building 1 Center Street Chatham, Virginia AGENDA 1. Call to Order 3:00 pm 2. Roll Call 3. Approval of Agenda 4. New Business (a) Review of recommended budget submitted by Interim County Administrator (b) Budget approved for advertisement 5. Adjournment P54 PITTSYLVANIA COUNTY Board of Supervisors I�'i�Tii 171 Y ►r/ �Yilulul:I;3� AGENDA TITLE: Recommendations from Personnel Committee SUBJECT/PROPOSAL/REOUEST: Recommendations from Committee STAFF CONTACT(S): Mr. Hawker AGENDA DATE: 03 -18 -2014 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY: ITEM NUMBER: 12 INFORMATION: INFORMATION: The Personnel Committee of the Board of Supervisors will meet at 2:00pm on March 18, 2014 for the following: CLOSED SESSION: Discussion, consideration, or interviews of prospective candidates for the appointment of specific public officers of any public body. Authority: §2.2- 3711(A)(1) of the Code of Virginia, 1950, as amended Subject Matter: County Administrator Purpose: Review Applications received for County Administrator Vacancy Recommendation, if any, will be received by the full Board of Supervisors from the Personnel Committee on Monday, February 18, 2014. P55 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PERSONNEL COMMITTEE 2:00 P.M. TUESDAY, MARCH 18, 2014 MAIN CONFERENCE CAPTAIN MARTIN BUILDING 1 CENTER STREET CHATHAM, VIRGINIA AGENDA 1. Call to Order — 2:00 P.m. 2. Roll Call 3. Approval of Agenda CLOSED SESSION 4. Discussion, consideration, or interviews of prospective candidates for the appointment of specific public officers of any public body. Authority: §2.2- 371l(A)(1) of the Code of Virginia, 1950, as amended Subject Matter: County Administrator Purpose: Review Applications received for County Administrator Vacancy ADJOURNMENT P56 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Ringgold Volunteer Fire Department Ladder Truck 03 -18 -2014 SUBJECT/PROPOSAL/REOUEST• Request for Funding STAFF CONTACT(S): Mr. Hawker ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: 13 INFORMATION: INFORMATION: BACKGROUND: At the June 18, 2013 Board of Supervisors' meeting, a Motion/Second was approved by majority vote to transfer the $125,000.00 fund balance of the Orphanage Road Waterline Project, plus $75,000.00 from Unappropriated Surplus, and give these funds to the Ringgold Volunteer Fire Department towards the purchase of a ladder truck. (See attachment `B "; BOS Minutes excerpt). The motion required a 10 -Day Layover that was approved by majority vote at the Board's July 1, 2013 meeting. (See attachment "C "; BOS Minutes excerpt). The Ringgold Volunteer Fire Department stated it would seek the remaining monies needed for the purchase from private civic groups and/or local industries that would benefit from the additional fire protection the ladder truck would offer. Pittsylvania County issued a check to the Ringgold Volunteer Fire Department on August 1, 2013, which cleared the bank on August 5, 2013. Attached hereto is a letter from the Ringgold Volunteer Fire Department dated February 17, 2014. (Attachment "A "). The Ringgold FVD states along with the $200,000.00 received from the County, they have collected and/or have a commitment of funds totaling approximately $160,000.00, bringing their total amount of funds for the purchase of a ladder truck to $360,000.00. In their letter, the fire department states that a used truck of the type needed will cost approximately $425,000.00 and a new truck will cost approximately $550,000.00. The fire department does not feel the citizens should pay balance needed for the purchase of a truck, but rather the County and businesses' benefitting from the additional fire coverage the ladder truck would provide. The Ringgold Volunteer Fire Department is asking the Board of Supervisors' consideration on how the fire department should move forward with this purchase. RECOMMENDATION• Staff submits this to the Board of Supervisors for their consideration. P57 Ringgold Volunteer Fire & Rescue Departments Inc. P O Box 10 , Ringgold, Virginia 24586 www ringgoldfireandrescue com February 17, 2014 Dear Pittsylvania County Board of Supervisors: About 3 years ago the Ringgold Fire & Rescue began making plans towards housing a ladder truck at the Ringgold Station #23. Since then we have expanded the station by adding 3 bays. In 2012 the Supervisors put up $200,000.00 towards the purchase of this truck. We have contacted the various businesses in our area, by having a meeting and explaining what we were trying to do in order to serve them in time of need. We have collected or have committed by the Business Sector about $160,000.00 bring our total to $360,000.00. We have had 2 Demo's on site in order to determine what exactly was needed and know what the cost was going to be. A used truck of the type needed will cost approximately $425,000.00 and a new demo will be about $550,000.00. We are also aware that when buying a used truck that may be 10 -12 years old, we should expect high maintenance due to the hydraulics involved in the operation of this type of truck. We believe that the placement of a ladder truck at the Ringgold Station should be at the expense of the county and the businesses located here, and not the residents we call on yearly for donation. When trying to get industry to locate here most businesses would ask, "What type of Fire Protection do your have ?" In most cases their insurance cost is based on the type of protection provided. In our case we do not have the ability to get water to the roof tops, which is where most of the fires are in the manufacturing industries. As the figures above indicate we are short of having enough to purchase a used or new demo at this time with our going to the bank and borrowing the balance. At this time we are asking that you as the Board of Supervisors weigh in on our decision in moving this project forward. What we are looking for at this time is your suggestions, support and commitment in order to go to a bank to borrow the balance needed whether it be a used or a new demo with a warranty. We would also invite the board to visit our site and locations where we feel there is a need for a ladder truck. This may be arranged by contacting Fire Chief Mike Neal or me, Bobby Gene Atkinson, Board Chairmen and we will arrange for such a meeting. The Industries presently served are: Brockway Glass, Intertape, Elkay (Yorktown), Swedwood, IKEA, Dan Chem (DTI), Dan Valley Foods, AXXOR, Hicks & Dan Chem, U.S. Green Energy, GO6 International, as well as three schools and various churches. Thank you in advance for your input and suggestions in helping to move this project forward. Ringgold Fire & Rescue Station 23 Bobby Gene Atkinson — Chairman; Mike Neal - Fire Chief; John Foster- Vice Chairman; Jennifer Statzer — Treasurer, Bobby Wilkerson — Secretary; Board Members - William Demott, Garrett Hughes, Bert Sellers & Winfred Tate, Deputy Chief & Board Member CC — Interim County Administrator — Otis Hawker CC — Supervisor James Snead — Dan River District Emergency 911 • Business 434- 822 -6989 • Fax 434- 822 -6374 ATTACHMENT "A" Un PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Ringgold Volunteer Fire Department Ladder Truck 06- 18- 20131, s ACTION: *69MATION: SUBJECT/PROPOSAL/REQUEST: Yes Funding STAFF CONTACT(S): Mr. Sleeper BACKGROUND: CONSENT AGENDAI., ACTION: INFORMATION: ATTAC N. : N6," It Industries and businesses in the Ringgold VojutAk Fire Department Service Area have asked for several years for a ladder truck to be avaiha6.le rticularly for the industrial buildings to be able to get over top of the middle of the bud *ng there is a fire. In the 2013 -2014 budget, staff had proposed a $200,000 funding source, ='trap purchase this ladder truck. This was cut during the budget process. DISCUSSION: (`Y Some industries have opntftNe the County Administrators office requesting the support of a ladder truck in the Ri service area, particularly the Cane Creek Center. Ringgold Volunteer Fire Depaftf itent has built on to their fire station in order to house a ladder truck. RECOMMENI?3RTTIb1"t The staff,,snbnIits this to the Board of Supervisors for their review and consideration. ATTACHMENT °B" P59 Adjourned Meeting June 18, 2013 WHEREAS, the County has made or will make expenditures (the "Expenditures') in connection with the Equipment; and WHEREAS, the County may determine that the funds advanced and to be advanced to pay Expenditures will be reimbursed to the County from the proceeds of one or more tax- exempt obligations to be issued by the County (the "Indebtedness "); NOW, THEREFORE, BE IT RESOLVED BY THE BOpR;D :, OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA (THE "BOARD" ): 3_ The Board hereby adopts this declaration of official inert trader Treasury Regulations Section 1.150 -2 and declares that the County intends to.reimT*se itself with the proceeds of Indebtedness for Expenditures made on, after or within 46Q di ay4 prior to the date hereof with respect to the Equipment, except that Expenditures made r 1or'than 60 days prior to the date hereof may be reimbursed as to certain de mintmrs "or )preliminary expenditures described in Treasury Regulations Section 1.150 -2(f) and is to other expenditures permitted under applicable Treasury Regulations. The maximum principal atrtowt of Indebtedness expected to be issued for the Equipment is $300,000. This Resolution shallµtd% effect immediately upon its adoption. The undersigned Clerk, of the Board of Supervisors of Pittsylvania County, Virginia hereby certifies that ;eg©ing constitutes a true, correct and complete copy of a Resolution duly adopted by the ',33gard of Supervisors of Pittsylvania County, Virginia at a meeting duly called and held on Jhme 18, 2013, during which a quorum was present and acting throughout, by the vote s21t forth below, and that such Resolution has not been repealed, revoked, rescinded or amended: ` Motion was made by Mr. Snead, seconded by Mr. Harville, to transfer the balance of the Orphanage Road Waterline Project of $125,000.00 to Ringgold Volunteer Fire Department Ladder Truck; plus $75,000.00 from Unappropriated Surplus, totaling $200,000.00 for the Ringgold Ladder Truck. A Substitute Motion was made by Ms. Bowman, seconded by Mr. Barksdale, for the issue to go the Fire & Rescue Committee. The following Roll Call Vote was recorded for the Substitute Motion: Ms. Bowman -Yes; Mr. Barber -No; Mr. Harville -No; Mr. Snead -No; Mr. Barksdale -Yes; Mr. Hagerman -No; and Mr. Ecker -Yes. Ms. Bowman's Substitute Motion failed by a 3 -4 majority vote of the Board and the Main Motion went to a I 0 -Day Layover. No action was brought from the Legislative Committee to present for Board action. Motion was made by Mr. Barber, seconded by Mr. Barksdale, to approve the following Library Transfers necessary to complete transactions for year -end: ATTACHMENT "B" P60 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Ringgold Volunteer Fire Department Ladder Truck 07 -01 -2013 6 SUBJECTIPROPOSAUREOUEST: Funding STAFF CONTACT(S): Mr. Sleeper BACKGROUND: At the June 18, 2013 meeting of the seconded by Mr. Harville, to transfe $125,000.00 to Ringgold Volunteer Unappropriated Surplus, totalin 10 -Day Layover that has now ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes INFORMATION: INFORMATION: N*IeN upervisors, A Motion was made by Mr. Snead, m'te of the Orphanage Road Waterline Project of apartment Ladder Truck; plus $75,000.00 from for the Ringgold Ladder Truck, which required a RECOMMENDATION: Nt Staff submits this oard of Supervisors for their review and consideration. This requires a Roll Call VAl� z !61 N P61 ATTACHMENT "C" Regular Meeting July 1, 2013 had been cut back on 3 to 4 years earlier. Mr. Stanhope also believed that people appointed to serve as unpaid volunteers on committees, agencies and boards should be recognized when they retire or are no longer eligible for appointment, but citizens who are being paid to serve on such entities should not be recognized. Karen Maute of the Westover District made comments concerning potential changes in the County ordinance in regards to mining and giving consideration in using the terms "non -fuel mineral" and "fuel mineral" in the potential ordinance change. Ms. Mantle also asked if the Regional Industrial Facilities Authority (RIFA) covenants had been written, or had any covenants been written for the Mega Park, and asked if mining occurred on that property rdv01 the Tobacco Commission take back any funds given for the development of the park. Owl This concluded the Hearing of the Citizens. Consent Agenda a Motion was made by Mr. Harville, seconded by Mr. Snead, to approve the Consent Agenda (with the addition of the Business Appreciation Week Procl amation) and a correction to the May 21, 2013 draft minutes as follows: Page 24 of the Board packet, Mr. Hagerman's addition to be added to the proposed Credit Card Policy should read as follows: "No part of this document may be changed or altered without the Board of Supervisors' vote of approval'. Mr. Snead's motion was unanimously approved by the Board. Consent Agenda: (a) Minutes: June 3, 2013 Regular Meeting June 18, ?,013 - Adjourned Meeting June 24, 2013 — Joint Meeting of the Board of Supervisors & the Pittsylvania County Industrial Development Authority (b) Bill List June, 2013 (Online) (c) Out of State Travel — Victim Witness s Unfinished Business 1 At the Board of Supej rs' adjourned meeting on Tuesday, June 18, 2013, a motion was made by Mr. Snead, seco�fled by Mr. Harville, to transfer the balance of the Orphanage Road Waterline Project of $125 000.00 to Ringgold Volunteer Fire Department Ladder Truck; plus $75,000.00 from Unappr4gpriated Surplus, totaling $200,000.00 in order to approve a request from the Ringgold oluntetr Fire & Rescue Department for the County to donate $200,000.00 towards t ase of a ladder truck, with the remainder of funds needed for the purchase be the respon ility f the Ringgold Volunteer Fire & Rescue Department. The remainder monies nee ed p chase could come from private civic groups and/or local industries that would b t the additional fire protection the ladder truck would offer, and that the Ringgold Vol er Fire & Rescue Department would make the truck available for mutual from any other Coun y department that called needing its use. Mr. Snead's motion required a 10 -Day Layover, which had now been met. A Substitute Motion was made by Mr. Barksdale, seconded by Ms. Bowman, to add the ladder truck to the County's Capital Improvement Plan (CIP) and allocate $50,000.00 now, and an additional $50,000.00 for the next three (3) years until the funds reach a total of $200,000.00. Both Mr. Barksdale and Ms. Bowman stated this was a worthy project, but should go through the CIP and have input from the Fire & Rescue Committee. After continued discussion, Mr. Snead called for the Question to end the debate and the Board unanimously voted to end discussion. The following Roll Call Vote was recorded for Mr. Barksdale's ATTACHMENT P62 Regular Meeting July 1, 2013 Substitute Motion: Mr. Snead -No; Mr. Barksdale -Yes; Mr. Hagerman-No; Ms. Bowman-Yes; Mr. Barber -No; Mr. Harville -No; and Mr. Ecker -Yes. Mr. Barksdale's Substitute Motion failed by a 3 to 4 vote of the Board. A Substitute Motion then came from Ms. Bowman, seconded by Mr. Barksdale, to refer the matter back to the Legislative Committee and the following Roll Call Vote was recorded: Mr. Hagerman-No; Ms. Bowman-Yes; Mr. Barber -No; Mr. Harville-No; Mr. Snead -No; Mr. Barksdale -Yes; and Mr. Ecker -Yes. Ms. Bowman's Substitute Motion failed by a 3 -4 vote of the Board. The following Roll Call Vote was recorded for the Main Motion made by Mr. Snead on June 18, 2013: Ms. Bowman-No; Mr. Barber -Yes; Mr. Harville -Yes; Mr. Snead -Yes; Mr. Barksdale -No; Mr. Hagerman-Yes; and Mr. Ecker -No. Mr. Snead's motion passed by a 4 -3 majority vote of the Board. At the Board of Supervisors' adjourned meeting on June 18, 2013, a Motion w* made by Mr. Harville, seconded by Mr. Snead, to amend the Board of Supervisors' Bylaws for the following: (1) Each member present when a question is put shall vote "yes" or "no." No member shall be excused from voting except on matters involving the consideration of his own official conduct or where his own financial interests are involved or where he may have a conflict of interest, pursuant to the Virginia State and Local Government Conflict of Interests Act (Title 2.2, Chapter 31 of the Code of Virginia, Section 2.2 -3100, 1950, as amended). (2) Delete Section 2.11 concerning only matters of e ncy nature may be added to an agenda and acted upon at that same meeting. Ms. Bowman made a Substitute Motion, seconded1 1 that the matter be referred to the Legislative Committee. Ms. Bowman 's Sub tute otion failed by a 3 -4 majority vote of the Board, with Mr. Harville, Mr. Barber, d Mr. Hagerman in opposition. The Main Motion carried which required a 10- y er that had now been met. The following Roll Call Vote was recorded for the Main Motr Mr. Hagerman-Yes; Ms. Bowman-No; Mr. Barber -Yes; Mr. Harville -Yes; Mr. S e Yes; Mr. Barksdale -No; and Mr. Ecker -No. Mr. Harville's Main Motion from June O 3 assed by a 4 to 3 majority vote of the Board. New Business Motion came from ' ative Committee to request the County's local legislator's add Pittsylvania County to § 1 . 1215 - Authority to cut growth of grass or lawn area in certain counties. The Legislative Co ittee's motion passed by a majority 4 to 3 vote of the Board, with Mr. Barber, l age„Qnan and Mr. Snead opposing the motion. Motion ame orn the Legislative Committee to have the Commissioner of Revenues' Office a t rmanent affidavit form for the Solid Waste Fee concerning property vacancy. The Chan re uested that this form include language inserted that once the residence has bee o� th landowner was to notify the Commissioner of Revenues' office, and once the Curl er of Revenue had reviewed this proposed form, it was to be brought back to the Boaz f Supervisors for their approval. This was unanimously approved by the Board. Motion was made by the Legislative Committee to have the Director of Finance draft a proposed Credit Card Policy, and once drafted, submit back to the Legislative Committee for the committee's review, which was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Harville, to approve Amendment Number Iin order to extend the ongoing services contract with Federal Engineering to assist the County with the oversight of the current radio communications system upgrade project, and to ATTACHMENT "C" P63 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY E: AGENDA DATE: ITEM NUMBER: 3/18/14 14 Shower Renovations ACTION: INFORMATION: SUBJECT/PROPOSAL/REQUEST: FFAward Yes CONSENT AGENDA: ACTION: INFORMATION: CT(S): r. awker, Mrs. Meeks ATTACHMENTS: Yes REVI EWED BY: BACKGROUND: An invitation to bid on renovations to seven (7) shower units located at the Pittsylvania County Jail was advertised by Dewberry, the engineering and design firm for this project, on February y 9, 2014. The invitation to bid was advertised in the newspaper, and posted on the County's website and public notice board. A mandatory pre -bid conference was held on February 25, 2014. Four (4) vendors attended that conference. The existing shower units have split and cracked and are in need of replacement. The Department of Corrections has deemed the Jail non - compliant with DOC standards. The Department of Corrections has ordered that the shower units be replaced in order for the Jail to maintain their DOC certification. The existing units will be replaced with stainless steel units. DISCUSSION: Bids were received and publicly opened on Tuesday, March 11, 2014, at 2:00 p.m. We received responses from three (3) contractors. A bid tally sheet is attached. Daniel & Co. is the apparent low bidder with a bid price of $145,500. Executive Summary — Bid Award — Jail Shower Renovations Page 2 RECOMMENDATION: Staff recommends that the Board of Supervisors award the bid to Daniel and Company, at a cost of $145,500 and appropriate the $145,500 to line item 310- 4.094150.818612 Jail Shower Renovations. This will require a 10 day layover. Funding for this project is as follows: $20,000 from Jail Telephone Commissions (100- 3.000000.160501) $50,000 from Jail Processing Fund (Fund 315) $75,500 from Jail Inmate Management Fund (Fund 311) P65 "s m m y v 0 S D d LIM c .cD. m a Z s m C 3 3 m 3 0 c s .e 6 of 0 m m' d 00 fD J a a Z a m .ni G fD W a O O d P66 W < 0 c T W r w -o n m '• CL c N n 00 w D co N p Z a S � N m 3 CL r A c � O 3 N n OO � 3 � y A O O O OOi O w 3 D O n O a W a O1 N N .s C O O O d O G m V WO aW n O O O A K O N D n. 0 n P66 °0. o CL O -o m z 3 N 00 w N co N p a S � N r A w � O N n OO � 3 � y PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Proclamation — Countywide Spring Cleanup Month and Request for Landfill Tipping Fee Waiver SUBJECT/PROPOSAL/REOUEST, Proclamation STAFF CONTACT(S): Mr. Hawker AGENDA DATE: 03 -18 -2014 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: 15 INFORMATION: INFORMATION: BACKGROUND: The Pittsylvania County Beautification Committee is working to have a countywide spring cleanup during the month of April 2014. To support the Beautification Committee, the Board of Supervisors is making a proclamation concerning countywide cleanup. Attached hereto, you will find a proclamation from the Pittsylvania County Board of Supervisors for the countywide cleanup for April 2014. 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, April 26, 2014 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 #IS, which establishes the special wavier of tipping fees to citizens on Saturday, April 26, 2014. P67 VIROPCbania Couutr -43oarb of Ouperbtgorg �rotlamation COUNTYWIDE SPRING CLEANUP During April 2014 VIRGINIA: AT THE ADJOURNED MEETING OF THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS IN THE GENERAL DISTRICT COURTROOM IN CHATHAM, VIRGINIA ON TUESDAY, MARCH 18, 20149 THE FOLLOWING PROCLAMATION WAS PRESENTED AND ADOPTED: 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, 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, all people, regardless of race, gender, income, or geography, have a moral right to a healthy, sustainable environment with economic growth; and Whereas, all residents of Pittsylvania County have a citizenship responsibility to protect and care for the beauty and natural resources of Pittsylvania County, and a countywide cleanup campaign will encourage individuals to participate in the improvement of 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 2:00pm on Saturday, April 26, 2014, 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 April 2014 as Countywide Spring 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 18`h day of March, 2014. Jessie L. Barksdale, Chairman Pittsylvania County Board of Supervisors Otis S. Hawker, Interim Clerk Pittsylvania County Board of Supervisors W PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Out of State Travel 03 -18 -2014 16 Director of Agriculture ACTION: INFORMATION: YES SUBJECT/PROPOSAL/REQUEST: Out of State Travel CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Mr. Hawker ATTACHMENTS: Mr. Sides No f REVIEWED BY: BACKGROUND: Mr. Fred Wydner, Director of Agricultural Development, is responsible for promoting existing agricultural operations and looking for new agricultural development opportunities to bring new jobs and income to the County. DISCUSSION: Mr. Wydner will be leading a cattle producer trip to southwestern Kansas from April 2 — April 6, 2014. This trip is an effort to continue building a relationship and a new market for Pittsylvania County cow /calf producers with midwestem cattle feedlots. A previous trip to this area resulted in a visit from a large feedlot owner and the purchase of Pittsylvania County cattle. Last year there were four loads of cattle sold. With the price of cattle near historical highs, these loads have grossed our producers nearly $400,000.00. Cattle were co- mingled on these trailer loads which means multiple owners of cattle were on one load. All total, there were 9 producers comprising these four loads of cattle. A conservative estimate of gross profit to each farmer is more than $44,000.00. The trip will also allow local producers to tour facilities and network with midwestern Certified Angus Beef producers. The local producers going on this trip with Mr. Wydner will be responsible for their own costs. The funds for Mr. Wydner's expenses on this trip are within the current department budget. RECOMMENDATION: Staff recommends that the requested out -of -state travel be approved. L= APPOINTMENTS U& PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Re- appointment — Dan River Alcohol Safety Action Program (ASAP) Policy Board SUBJECT/PROPOSAL/REQUEST: Re- ppointment STAFF CONTACT(S): Otis S. Hawker AGENDA DATE: 03 -18 -2014 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: No REVIEWED BY: ITEM NUMBER: 17 INFORMATION: INFORMATION: The Pittsylvania County Board of Supervisors makes political appointments to various committees, boards and commissions of Pittsylvania County. 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. At the January 6, 2014 Board of Supervisors meeting, the Board appointed Deputy Ricky Luck to fulfill the term left vacant by Teresa Easley on the Dan River ASAP Policy Board. This term will end on March 31, 2014. Deputy Luck is eligible for re- appointment to a 3 -year term that would begin April 1, 2014 through March 31, 2017. RECOMMENDATION: Staff submits this to the Board of Supervisors re- appoint Deputy Ricky Luck as the Pittsylvania County representative on the Dan River ASAP Policy Board for a 3 -year term beginning April 1, 2014 through March 31, 2017. P71 REPORTS FROM MEMBERS P72 REPORTS FROM LEGAL COUNSEL P73 REPORTS FROM INTERIM COUNTY ADMINISTRATOR P74 CLOSED SESSION P75 ADJOURNMENT P76