The URL can be used to link to this page

01-04-2016 BOS ReOrganization Meeting Agenda PktBOARD PACKET BOARD OF SUPERVISORS RE- ORGANIZATION MEETING JANUARY 4, 2016 CD 1767 LJ -RGI,� P1 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS REORGANIZATIONAL MEETING MONDAY, JANUARY 4, 2016 GENERAL DISTRICT COURTROOM EDWIN R. SHIELDS COURTHOUSE ADDITION AGENDA 1. Call to Order — 7:00 p.m. 2. Roll Call 3. Moment of Silence 4. Pledge of Allegiance S. Items to be added to the Agenda (a) REORGANIZATION OF THE BOARD: 6. Election of Chairman — Page II (a) Duties of Chairman — County Administrator (b) Nomination and Election ofChainnan — County Administrator (c) Nomination and Election of Chairman — County Administrator Nomination: Motion by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren Seconded b_v: Barber Barksdale Blackstock Davis Hagerman Scearce Warren Nomination: Motion by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren Seconded by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren (d) Turn Meeting Over to the New Chairman: 7. Election of Vice- Chairman — Page 12 Nomination: Motion by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren Seconded by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren Nomination: Motion by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren Seconded by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren 8. By Laws and Rules of Order — Pages 13 -24 (a) Adoption of By Laws Motion by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren Seconded by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren (b) Robert's Rules of Order Motion by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren Seconded by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren 9. Set Day and Time of Regular Meeting — Pages 26 -25 Motion by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren Seconded by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren APPOINTMENT OF COMMITTEES BY CHAIRMAN: -- Page 27 -28 10. 5tandinu Committees (a) Finance /Insurance Committee (4 members) 1. 2. 3. 4. (b) Personnel Committee (3 members) 1. 2. 3. (c) Property /Building Committee (3 members) 1. 2. 3. (d) Legislative Committee (3 members) 1. 2. 3. 11. Special Committees (a) Solid Waste Committee (3 members) 1. 2. 3. (b) Computer /Radio /Telecommunications Committee (3 members) 1. 2. 3. (c) Board of Supervisors /School Board Liaison Committee (3 members) 1. 2. 3. (d) Fire & Rescue Policies and Procedures Committee (3 members) 1. 2. 3. (e) Economic Development Committee (3 members) 1. 2. 3. (� Agricultural Development Board (1 member) 1. (g) Animal Welfare Facility Committee (3 members) 1. 2. 3. OTHER APPOINTMENTS BY CHAIRMAN: 12. Danville - Pittsylvania County Regional Facility Authority: (4- year), (2- year); Alternate: (4 -year) 13. Board Member (1) to the Pittsylvania County Planning Commission 14. Board Member (1) to the Virginia Association of Counties 15. Board Members (3) to the Metropolitan Planning Organization (MPO) 1. 2. (Assistant County Administrator for Planning & Development is the alternate) 16. Elected Officials (2) to the SARA Title III (LEPC) 1. 2. 17. Board Member (1) to the Pittsylvania County Social Services Board 18. Board Member (1) to the Roanoke River Basin Association 19. Board Member (1) to the Dan River Business Development Center (DRBDC) 20. Board Members (2) to the West Piedmont Planning District Commission 1. 2. 21. Board Member (1) to Fire /Rescuc Emergency Medical Advisory Committee (EMAC) 22. Board Member (1) to Local Elected Officials (LEO) 23. Board Member (1) to Tri- County Lake Administrative Commission (TLAC) APPROVAL OF AGENDA Motion by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren Seconded by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren HEARING OF CITIZENS CONSENT AGENDA 24. (a) Minutes: December 7, 2015 Regular Meeting - Pages 31 -38 December 15, 2015 Adjourned Meeting — Pages 39 -49 (b) Bill List: December 2015 (Online) Motion by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren Seconded by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren NEW BUSINESS APPOINTMENTS BY THE BOARD 25. Appointment — Community Policy Management Team (CPMT) - Government Representative (Board Member) Page - 52 Nomination: Motion by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren Seconded by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren 26. Appointments — Tri- County Lakes Administrative Commission Page - 53 Nomination: Clarence Monday, County Administrator (required), Pittsylvania County Citizen Representative Leesville Lake Association Representative: Motion by: Barber Barksdale Blackstock Davis Hagerman Scearce Seconded by: Barber Barksdale Blackstock Davis Hagerman Scearce warren Warren BOARD ANNOUNCEMENTS REPORTS FROM LEGAL COUNSEL REPORTS FROM COUNTY ADMINISTRATOR: 1. Building/Grounds Monthly Report — December 2015: Pages -57 -58 2. Animal Control /Conservators of the Peace Monthly Report — December 2015: Pages -59 -60 3. Code Compliance Monthly & Annual Report — December 2015 & Calendar Year 2015: Pages -61 -62 ADJOURNMENT Time: TO BE ADDED P9 RE- ORGANIZATION OF BOARD F10 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Election of Chairman SUBJECT/PROPOSAL/REOUEST: Election of Chairman STAFF CONTACT(S): Mr. Monday BACKGROUND: AGENDA DATE: 1 -04 -2016 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: No ITEM NUMBER: 6 INFORMATION: INFORMATION: The Pittsylvania County Board of Supervisors, in accordance with the current by -laws of the Board of Supervisors until those by -laws are changed by a new Board, require the election of the chairman at the re- organizational meeting in January each year. DISCUSSION: The County Administrator will take the seat as the Chair of the Re- Organizational Meeting of the Pittsylvania County Board of Supervisors on Monday, January 4, 2016. In accordance with the current bylaws of the Board of Supervisors, the County Administrator will take nominations for the election of Chairman from the floor. The vote will be taken in the order that the nominations were made in accordance with the bylaws. RECOMMENDATION: The County Administrator will turn the meeting over to the new Chairman upon the election of a new Chairman. Pll PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: I Election of Vice Chairman SUBJECT/PROPOSAL/REOUEST: Election of Vice Chairman STAFF CONTACT(S): Mr. Monday BACKGROUND: AGENDA DATE: 1 -04 -2016 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: No ITEM NUMBER: 7 INFORMATION: INFORMATION: The Chairman of the Board will take the seat as Chairman and take nominations from the floor for election of a Vice Chairman. DISCUSSION: The vote of the nominations will be taken in the order that the nominations are made in accordance with the bylaws, same as the Chairman. RECOMMENDATION: The Chairman will count and confirm Vice Chairman of the Board. P12 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Adoption of Bylaws SUBJECT/PROPOSAL /REQUEST: Adoption of New Bylaws STAFF CONTACT(S): Mr. Monday BACKGROUND: AGENDA DATE: 01 -04 -2016 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY: ITEM NUMBER: 8(a) INFORMATION: INFORMATION: DISCUSSION: Board of Supervisors are required to adopt bylaws at their re- organizational meeting in January of each year (see attached). Adoption of the bylaws requires a simple majority vote of the Board and they are effective immediately upon passage. RECOMMENDATION: Staff submits this to the Board of Supervisors for their review, consideration and approval. P13 BY -LAWS RULES OF PROCEDURE AND STANDARDS OF CONDUCT OF THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA (B.S.M. 2102104, 4115/08, 2102/09, 2/01/10, 4/20110, 9/20/11, 6119112, 214113, 7/01/13, 10/06/14 ,11/03/14 PURPOSE: To establish and set forth certain rules to provide for the orderly conduct of County business, to prescribe the manner and procedure by which the Board of Supervisors shall conduct matters of business, and to provide for the efficient handling thereof. GENERAL: The term "Board of Supervisors" shall also be understood to mean "the Board" wherein it appears. ARTICLE I. Election, Composition, and Function . of the Board. 1.1. The Board shall be composed of seven (7) members who shall be elected by the qualified voters of the County; one (1) member shall be elected from each of the seven (7) election districts. Pursuant to § 24.2 -219 of the Code of Virginia, 1950, as amended, beginning with the November 2015 General Election, the Pittsylvania County Board of Supervisors shall be elected to staggered terms as follows: the voters in the Banister, Callands- Gretna, and Dan River Election Districts shall elect a member of the Board of Supervisors for a two -year term, and the voters in the Chatham - Blairs, Staunton River, Tunstall, and Westover Election Districts shall elect a member of the Board of Supervisors for a four -year term. At the November 2017 General Election, the voters in the three (3) Election Districts in which a Supervisor was elected for a two -year term shall elect a Supervisor for a four -year term, and thereafter elections for all Supervisors will be held on a biennial basis for four -year terms. 1.2. At the first regular meeting of the Board in January each year, there shall be elected a chairman to serve for a period of one (1) year expiring on December 31 st, or until replaced by the Board membership. The County Administrator, serving as temporary Chairman, shall take nominations. Nominations require a second, and the vote will be taken in the order the nominations are made. A majority vote is required; a majority shall mean four (4) votes. It shall be the Chairman's duty to preside at all Board meetings, to maintain the orderly conduct thereof, and rule on all matters of parliamentary procedure. He shall sign all voucher warrants of the County; and when the Board is not in session, he shall provide policy guidance to the County Administrator and the County Attorney. The Chairman shall continue to be a voting member of the Board. 1.3. The Board shall also elect a Vice- Chairman to serve a concurrent term with the Chairman. In absence or incapacity of the Chairman, the Vice- Chairman shall assume all the duties and Page I of 11 P14 functions of the Chairman. In the case where the Chairman and Vice Chairman are absent from a meeting, the members present shall choose one of their number as temporary Chairman. 1.4. The Board shall have both administrative and legislative responsibilities, some of which shall be discharged in their role as governing body and some of which they derive as an administrative political subdivision of the Commonwealth. The powers and duties of the Board shall include, but not be limited to, the following preparation and adoption of the County Budget, levying of taxes, appropriating funds, constructing and maintaining County buildings, making and enforcing ordinances, providing for the general health safety and welfare of the public, and generally exercising all other powers and functions normally attributed to government and permitted by the Laws of the Commonwealth. ARTICLE II. Meetings. 2.1. The Board shall meet regularly on the first Monday and the third Tuesday of each month at 7:00 p.m. for the purpose of discharging their administrative and legislative responsibilities. 2.2. All such meetings shall be open to the public and shall be conducted in an orderly fashion with "Robert's Rules of Order" modified by State Law, being used as the parliamentary procedure. 2.3. The Sheriff of the County or his designee shall act as "Sergeant of Arms" at all meetings of the Board and shall, when so directed by the Chairman, expel any person or persons from such meetings. 2.4. For the purpose of address and order, the Board and its staff shall sit in front of the "public rail" in the Courtroom and all other persons shall sit behind the "public rail ". 2.5. Agendas shall be prepared by the Board's staff and used at all meetings. All items requested to be placed on the agenda shall be submitted in writing to the County Administrator five (5) working days before the meeting; however, members of the Board of Supervisors may make oral requests. Any items received after that time shall appear on the next regular meeting agenda unless all members of the Board are present and by a unanimous vote to place such items upon the agenda. 2.6. The order of business at all regular meetings of the Board shall be as follows. No additional items of business shall be considered after the agenda is approved. Call to Order Moment of Silence and/or Silent Prayer Roll Call Pledge of Allegiance Items to be Added to the Agenda Approval of Agenda Consent Agenda Public Hearing (if any) Page 2 of 11 P15 Presentations /Rccognitions Hearing of Citizens Unfinished Business New Business Appointments Reports from Board Members Reports from Officers and Committees Reports from County Attorney Reports from County Administrator Closed Meeting (if needed) Adjournment 2.7. All presentations to the Board shall normally be limited to no more than ten (10) minutes, except as herein provided. 2.8. Public hearings shall be conducted as follows and any person wishing to address the Board shall do so in this manner: Each person addressing the Board shall step up, give his/her name and district in an audible tone of voice for the record, and unless further time is granted by the Chairman, shall limit his/her address to three (3) minutes; speakers for a group shall be limited to ten (10) minutes. Speakers shall conclude their remarks at that time unless the consent of the Board is affirmatively given to extend the speakers allotted time. No person shall be permitted to address the Board more than once on the same subject in any one (1) meeting, but may also address the Board once on more than one (1) subject. All remarks shall be addressed to the Board as a body and not to any individual member thereof No person, other than the Board and the person having the floor, shall be permitted to enter into any discussion, either directly or indirectly or through a member of the Board, without first being recognized by the Chairman. No question shall be asked a Board member except through the Chairman. 2.8.1. Hearing of Citizens shall be identified on the agenda of regular meetings of the Board of Supervisors. Each person addressing the Board shall be a resident or land owner of Pittsylvania County, or the registered agent of such resident or land owner. Each person shall step up, give his /her name and district in an audible tone of voice for the record, and unless further time is granted by the Chairman, shall limit his /her address to three (3) minutes. Speakers shall conclude their remarks at that time, unless the consent of the Board is affirmatively given to extend the speaker's allotted time. All remarks shall be addressed to the Board as a body and not to any individual member thereof. No person, other than the Board and the person having the floor, shall be permitted to enter into any discussion, either directly or indirectly or through a member of the Board, without first being recognized by the Chairman. No question shall be asked a Board member except through the Chairman. 2.4. The Board may from time -to -time hold special, adjourned, and informational meetings in accordance with the laws of the Commonwealth. Page 3 of 11 P16 2. 10. Each oral motion or resolution shall be taken down by the Deputy Clerk or Chairman and read back to the whole Board by the Deputy Clerk or the Chairman before any vote is taken. 2.11. Matters presented by the Board are generally used for individual Board members to share information with other members of the Board and the public. Prior to the agenda being prepared, a member of the Board may contact the Clerk or Deputy Clerk and have an item included under this heading. The County Administrator shall prepare an Executive summary which will inform other members of the Board of the particulars pertaining to this item. 2.12. Closed Meetings of the Board shall be requested in the same manner as prescribed in Section 2.5, or by a motion to suspend the rules carried by a majority of the Board, provided all Board members are present. 2.13. Quorum and Method of Voting At any meeting a majority of the supervisors shall constitute a quorum. All questions submitted to the Board for decision shall be determined by a viva voce vote of a majority of the supervisors voting on any such question, unless otherwise provided by law. The name of each member voting and how he or she voted must be recorded. The Board of Supervisors has elected not to have a tie breaker as provided for by the Code of Virginia, and a tie vote on any motion shall be considered defeated as provided for in Section 15.2 -1420 of the Code of Virginia, 1950, as amended. 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). 2.14. Procedure for Roll Call for Board Members (1) The Members of the Board shall cast votes in district order on a rotating basis. (2) The Chairman of the Board of Supervisors shall cast the last vote. 2.15. Remote Participation in Board Meeting As authorized by § 2.2- 3708.1 of the Code of Virginia, 1950, as amended, the Board of Supervisors of Pittsylvania County, Virginia, shall allow the participation of members of the Board in a meeting through electronic communication means from a remote location that is not open to the public subject to complying with all parts of the following written policy: 1. On or before the day of a meeting, the Supervisor shall notify the Board Chairman that the Supervisor is unable to attend the meeting due to an emergency or a personal matter and the Supervisor shall identify with specificity the nature of the emergency or personal matter, or the Page 4 of 11 P17 Supervisor shall notify the Board Chairman that the Supervisor is unable to attend a meeting due to a temporary or permanent disability or other medical condition that prevents the Supervisor's physical attendance. The Board shall record the specific nature of the emergency, personal matter, or fact of temporary or permanent disability, and the remote location from which the absent Supervisor participated in its minutes. 2. If the absent Supervisor's remote participation is disapproved because such participation would violate the strict and uniform application of this written policy, such disapproval shall be recorded in the Board's minutes. 3. Such participation by the absent Supervisor shall be limited in each calendar year to two (2) meetings, or 25 percent (25 %) of the meetings of the Board, whichever is fewer. 4. A quorum of the Board shall be physically assembled at the primary or central meeting location. 5. The Board shall make arrangements for the voice of the absent Supervisor to be heard by all persons in attendance at the primary or central meeting location. Article I11. County Administrator. 3.1. The Board may appoint a County Administrator who shall serve at the pleasure of the Board. Once appointed, the County Administrator shall be the Chief Administrative Officer of the County and shall perform his/her duties in accordance with the laws of the commonwealth and the policies of the County as established by the Board in regular or special session for that purpose. When the Board is not in session, the County Administrator shall receive guidance concerning policy from the Chairman, and in his absence, the Vice- Chairman. 3.2. The County Administrator shall be in complete charge of personnel of the County and shall, in accordance with established policy, hire and fire. Any action of the County Administrator concerning dismissal of personnel is subject to review by the Board and can be reversed by two - thirds vote of the Board. Such review shall be limited to charges of discrimination and failure to follow personnel policies on the part of the Administrator in the conduct of dismissal. 3.3. The County Administrator shall serve as the purchasing agent for the County as defined by Chapter 26- ,Section 2, of the Pittsylvania County Code. 3.4. He shall have charge of the administration of the financial affairs of the County and to that end shall have authority and be required to: (a) Cooperate with the Board of Supervisors in compiling estimates for the current expense and capital budgets. (b) Supervise and control all encumbrances, expenditures, and disbursements to insure that budget appropriations are not exceeded; and keep the Board of Supervisors advised as to the financial needs of the County. Page 5of11 P18 (c) Require at such intervals as he may deem expedient or as instructed by the Board of Supervisors, report of receipts from each of the departments, boards, commissions, agencies, and he may prescribe the times at, and the manner in which, money is received by them shall be paid to the County Treasurer or deposited subject to modifications as prescribed and set forth in the general laws of the Commonwealth of Virginia. Examine all contracts, purchase orders, and other documents, which create financial obligations against the County, and approve the same only upon ascertaining that money has been appropriated and allotted therefore, subject, however, to the provision that the Board of Supervisors may in its discretion and judgment, amend, modify, and alter this requirement to meet a specific need or requirement of a particular piece of legislation approved by the Board of Supervisors. ARTICLE 1V. Standing, Committees. 4.1. The Standing Committees of the Board shall be as follows: (a) FinancclInsurance: To aid and advise in the preparation on the County Budget and make recommendations concerning Fiscal Policy. (b) Personnel. To review policies and practices and make recommendations regarding the same.. (c) Property /Building: To view buildings and grounds and make recommendations regarding the same. (d) Legislative Committee: The Legislative Committee, in collaboration with the County Attorney, shall review, propose changes, and maintain current revisions to the Bylaws, Rules of Order and Standards of Conduct of the Pittsylvania County Board of Supervisors; review, propose changes and maintain current revisions to the Pittsylvania County Board of Supervisors Policies and Procedures Manual, and review, propose changes, set public hearings for any proposed changes, and maintain current revisions to the Pittsylvania County Codes and Compliances.. 4.2. Membership to the above- committees shall be appointed by the Board Chairman from the membership of the Board and may include citizen membership. Any appointment so made shall be for a specific term of office as determined by the Chairman. 4.3. The Board may, from time -to -time, direct that the Chairman appoint committees for a specific purpose with a limited duration. 4.4. The Chairman shall be authorized to temporarily participate, including voting, in any committee of the Board of Supervisors for the purpose of creating a quorum and/or taking action. ARTICLE V. Certain Ordinances and Resolutions to Lie Over. Page 6 of 11 P19 5.1. No ordinance or resolution imposing taxes or appropriating money from general fund balances, not included in the adopted budget, in excess of $5,000, shall be passed until after ten (10) days from the introduction thereof. This shall not restrict the appropriation of State, Federal, or other funds not in the current General Fund balances. ARTICLE VI. Recordation of Ordinances and Resolutions. 6.1. Every resolution upon its final passage shall be recorded in a book kept for that purpose, and shall be authenticated by the signature of the presiding officer and the County Administrator. 6.2. Every resolution shall be authenticated and recorded in the same manner as in 7.1- above. 6.3. Every motion appropriating ftinds or adopting an ordinance shall be by roll call vote. 6.4. Every ordinance passed by the Board of Supervisors shall be incorporated into the Pittsylvania County Code. ARTICLE VII. Standards of Conduct. Preamble The citizens and businesses of Pittsylvania County, Virginia, are entitled to have fair, ethical, and accountable local government, which has earned the public's full confidence for integrity. The effective functioning of democratic government requires that public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government; that public officials be independent, impartial, and fair in their judgment and actions; that public office be used for the public good, not for personal gain; and that public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility. To this end, the Pittsylvania County Board of Supervisors has adopted this Standards of Conduct for members of the Board and of the County's boards, commissions, and committees, to assure public confidence in the integrity of local government and its effective and fair operation. 1. Act in the Public Interest Recognizing that stewardship of the public interest must be their primary concern, members will work for the common good of the people of Pittsylvania County and not for any private or personal interest, and they will assure fair and equitable treatment of all persons, claims, and transactions coming before the Pittsylvania County Board of Supervisors, boards, commissions, and committees. 2. Comply with the Law Page 7 of 11 P20 Members shall comply with the laws of the nation, the Commonwealth of Virginia, and the County of Pittsylvania, Virginia, in the performance of their public duties. These laws include, but are not limited to: the United States and Virginia constitutions; the Code of the County of Pittsylvania, Virginia; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government; and County ordinances and policies. 3. Conduct of Members The professional and personal conduct of members must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of other members of the Board of Supervisors, boards, commissions, and committees, the staff or public. 4. Respect for Process Members shall perform their duties in accordance with the processes and rules of order established by the Board of Supervisors and boards, committees, and commissions governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the Board of Supervisors by County staff. 5. Conduct of Public Meetings Members shall prepare themselves for public issues, listen courteously and attentively to all public discussions before the body, and focus on the business at hand. They shall refrain from interrupting other speakers, making personal comments not germane to the business of the body, or otherwise interfering with the orderly conduct of meetings. 6. Decisions Based on Merit Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. 7. Communication Members shall publicly share substantive information that is relevant to a matter under consideration by the Board of Supervisors or boards, committees, and commissions, which they may have received from sources outside of the public decision - making process. 8. Conflict of Interest In order to assure their independence and impartiality on behalf of the common good, members shall not use their official positions to influence government decisions in which they have a material financial interest and shall disclose any substantial organizational responsibility or personal or business relationship to the parties in any matter coming before them. This paragraph is not intended to unduly restrict members who have minor business or professional dealings Page 8 of 11 P21 with clients whose matters come before them. In accordance with the law, members shall disclose investments, interests in real property, sources of income, and gifts; and they shall abstain from participating in deliberations and decision - making where conflicts may exist. 9. Gifts and Favors A member should never accept for himself or herself or for family members, favors or benefits under circumstances which might be construed by reasonable persons as influencing the performance of governmental duties. 10. Confidential Information Members shall respect the confidentiality of information concerning the property, personnel, or affairs of the County. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial, or other private interests. 11. Use of Public Resources Members shall not use public resources that are not available to the public in general, such as County staff time, equipment, supplies, or facilities, for private gain or personal purposes. 12. Representation of Private Interests In keeping with their role as stewards of the public interest, members of the Board shall not appear on behalf of the private interests of third parties before the Board of Supervisors or any board, committee, commission, or proceeding of the County, nor shall members of boards, committees, or commissions appear before their own bodies or before the Board of Supervisors on behalf of the private interests of third parties on matters related to the areas of service of their bodies. 13. Advocacy Members shall represent the official policies or positions of the Board of Supervisors, boards, commissions, or committees to the best of their ability when designated as delegates for this purpose. When representing their individual opinions and positions, members shall explicitly state they do not represent their body or Pittsylvania County, nor will they allow the inference that they do. 14. Policy Role of Members The Board of Supervisors determines the policies of the County with the advice, information, and analysis provided by the public, boards, commissions, and committees, and County staff. The Board of Supervisors delegates authority for the administration of the County to the County Administrator. Members, therefore, shall not interfere with the administrative functions of the County or the professional duties of County staff, nor shall they impair the ability of staff to Page 9 of 11 P22 implement Board policy decisions. Inquiries to staff shall be made through the County Administrator or the appropriate department manager or director. 15. Independence of Board and Commissions Because of the value of the independent advice of boards, committees, and commissions to the public decision - making process, members of the Board of Supervisors shall refrain from using their positions to unduly influence the deliberations or outcomes of board, committee, or commission proceedings. 16. Positive Work Place Environment Members shall support the maintenance of a positive and constructive workplace environment for County employees and for citizens and businesses dealing with the County. Members shall recognize their special role in dealings with County employees and in no way create the perception of inappropriate direction to staff. 17. Implementation As an expression of the standards of conduct for members expected by the County, the Pittsylvania County Standards of Conduct is intended to be self- enforcing. Therefore, it becomes most effective when members are thoroughly familiar with and embrace its provisions. For this reason, ethical standards shall be included in the regular orientations for candidates for the Board of Supervisors, applicants to boards, committees, commissions, and newly elected and appointed officials. Members entering office shall sign a statement affirming they have read and understood the Pittsylvania County Standards of Conduct. In addition, the Board of Supervisors, boards, committees, and commissions, shall annually review the Standards of Conduct and the Board of Supervisors shall consider recommendations from boards, committees, and commissions to update it as necessary. 18. Compliance and Enforcement The Pittsylvania County Standards of Conduct expresses standards of ethical conduct expected of members of the Pittsylvania County Board of Supervisors, boards, committees, and commissions. Members themselves have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. The chairs of boards, committees, and commissions and the Chairman of the Board of Supervisors have the additional responsibility to intervene when actions of members that appear to be in violation of the Standards of Conduct are brought to their attention. As allowed by law, the Board of Supervisors may impose sanctions and fines on members whose conduct does not comply with the County's ethical standards, such as public or private reprimand, formal censure, loss of seniority or committee assignment, or budget restriction. Where allowed by law, the Board of Supervisors also may remove members of Board- appointed Page 10 of 11 P23 boards, committees, and commissions from office. A violation of this Standards of Conduct shall not be considered a basis for challenging the validity of a Board of Supervisors, board, committee, or commission's decision. MODEL OF EXCELLENCE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS BOARDSo COMMITTEES, AND COMMISSIONS MEMBER STATEMENT As a member of the Pittsylvania County Board of Supervisors, or of a Pittsylvania County board, committee, or commission, I agree to uphold the Standards of Conduct for elected and appointed officials adopted by the County. I affirm that I have read and understand the Pittsylvania County Standards of Conduct. Signature Date: Name (printed): Office/Board/Committee/Commission: ARTICLE VIII. Amendments. and Adoptions 8.1. Amendments to these By -Laws, Rules of Procedure, and Standards of Conduct may be made at any meeting of the board by a majority vote of the Board present, after a notice of intent to amend has been given to each Board member not less than ten (10) days prior to such meeting. 8.2. Adoption of the By -Laws and procedures shall be by simple majority vote of the Board and shall be in force and effect on the day after their passage. Amended this 4th day of February, 2013, by a recorded vote of: Ayes Page 11 of 11 P24 Nays AGENDA TITLE: PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA DATE: 01 -04 -2016 Robert's Rules of Order ACTION: SUBJECT/PROPOSAUREOUEST: Yes Adoption of Rules of Order j CONSENT AGENDA: ACTION: STAFF CONTACT(S): Mr. Monday ATTACHMENTS; No BACKGROUND: ITEM NUMBER: 8(b) INFORMATION: INFORMATION: Each year, the Pittsylvania County Board of Supervisors must adopt the guidelines for the operation of a Board of Supervisors' meeting. In the past, the Board of Supervisors has always adopted the Robert's Rules of Order. DISCUSSION: The current edition of Robert's Rules of Order is (Robert's Rules of Order, Newly Revised 11 `h Edition, September 2011). The 11 h Edition supersedes all previous editions and intends to automatically become a parliamentary authority for organizations who use Robert's Rules of Order. The newly revised book incorporates over 125 revisions done to the 2000 l Oki' Edition_ RECOMMENDATION: Staff recommends the Board of Supervisors approve Robert's Rules of Order, Newly Revised 11 4 Edition, as modified by the Board of Supervisors to meet the necessary requirements of the State Code of the Commonwealth of Virginia as the official Rules of Order for Pittsyivania County. P25 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS SCHEDULE OF MEETINGS 2016 Re- organizational Meeting January 4, 2016 Monday 7:00 p. m. General District Courtroom Adjourned Meeting January l9, 2016 Tuesday 7:00 p. m. General District Courtroom Regular Meeting February 1, 2016 Monday 7:00 p. m. General District Courtroom Adjourned Meeting February 16, 2016 Tuesday 7 :00 p. m. General District Courtroom Regular Meeting March 7, 2016 Monday 7:00 p. m. General District Courtroom Adjourned Meeting March 15, 2016 Tuesday 7:00 p. m. General District Courtroom Regular Meeting April 4, 2016 Monday 7:00 p. m. General District Courtroom Adjourned Meeting April 19, 2016 Tuesday 7:00 p. m. General District Courtroom Regular Meeting May 2, 2016 Monday 7 :00 p. m. General District Courtroom Adjourned Meeting May 17, 2016 Tuesday 7 :00 p. m. General District Courtroom Regular Meeting June 6, 2016 Monday 7:00 p. m. General District Courtroom Adjourned Meeting June 21, 2016 Tuesday 7:00 p. m. General District Courtroom Adjourned Meeting July 19, 2016 Tuesday 7:00 p. m. General District Courtroom Regular Meeting August 1, 2016 Monday 7:00 p. m. General District Courtroom Adjourned Meeting August 16, 2016 Tuesday 7:00 p. m. General District Courtroom Regular Meeting September 6, 2016 Tuesday 7:00 p. m. General District Courtroom Adjourned Meeting September 20, 2016 Tuesday 7:00 p. m. General District Courtroom Regular Meeting October 3, 2016 Monday 7:00 p. m. General District Courtroom Adjourned Meeting October 18, 2016 Tuesday 7:00 p. m. General District Courtroom Regular Meeting November 7, 2016 Monday 7:00 p. m. General District Courtroom Adjourned Meeting November 15, 2016 Tuesday 7:00 p. m. General District Courtroom Regular Meeting December 5, 2016 Monday 7:00 p. m. General District Courtroom Adjourned Meeting December 13, 2016 Tuesday 7:00 p. m. General District Courtroom Note: Regular meetings are held on the first Monday of every month. Adjourned meetings are held on the third Tuesday of every month. Exception: If a meeting falls on a holiday, it is scheduled for the next day of business. P26 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS STANDING AND SPECIAL COMMITTEES 2015 FIN NCEA NSURANCE COMMITTEE Elton W. Blackstock, Chairperson Jerry A. Hagerman James H. Snead Jessie L. Barksdale PERSONNEL COMMITTEE Jessie Barksdale, Chairperson Elton W. Blackstock Brenda H. Bowman PROP ERTYA UILDING COMMITTEE Jessie L. Barksdale, Chairperson Coy E. Harville James H. Snead LEGISLATIVL COMP�_ITEF. Jerry A. Hagerman, Chairperson Jessie L. Barksdale Tim R. Barber SOLID 3XASTE COMMITTEE Coy E. Harville, Chairperson James H. Snead Tim R. Barber Elton W. Blackstock Dan River Business e rn Center: Danville- Pittsyly is i I Facility Authority: Alternate: Fire/Rescue E rgen dical Services Advisory Local ted O (LEO): M li PI ning Organization: Pi yl my Beautification Committee Pittsy an o Community Action Agency: Pittsyl County Planning Commission: Pittsylvania County Youth Commission: Roanoke River Basin Association: DPC Local Emergency Planning Commission (LEPC): Social Services Board: P27 James H. Snead, Chairperson Tim R. Barber Coy E. Harville James H. Snead, Chairperson Jessie Barksdale Coy E. Harville Tim 1 Jerry Elton e Chairperson C ©y E. Harville, Chairperson James H. Snead Tim R. Barber Brenda H. Bowman Coy E. Harville, James H. Snead Jerry A. Hagerman Elton W. Blackstock Brenda H. Bowman Jessie L. Barksdale, James H. Snead, Coy E. Harville Brenda H. Bowman Jessie L. Barksdale Jerry A. Hagerman Brenda H. Bowman, Jessie L. Barksdale Jessie L. Barksdale Elton W. Blackstock, Tim R. Barber Jessie L. Barksdale Tri- County AEP Relicensing Committee: Tri - County Lake Advisory Committee: Virginia Association of Counties Committee: West Piedmont Planning District Commission: Danville - Pittsylvania Community Services Board: Jerry A. Hagerman, Elton W. Blackstock Jerry A. Hagerman Brenda H. Bowman James H. Snead, Jessie L. Barksdale Jessie L. Barksdale s v P28 HEARING OF CITIZENS P29 CONSENT AGENDA P30 Regular Meeting December 7, 2015 Pittsylvania County Board of Supervisors Monday, December 7, 2015 Regular Meeting VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Supervisors was held on Monday, December 7, 2015 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Brenda H. Bowman, Chair, called the meeting to order at 7:00 p.m. The following members were present: Brenda H. Bowman Elton W. Blackstock Tint Barber Coy E. Harville Jerry A. Hagerman Jessie L. Barksdale James H. Snead Chatham - Blairs District Staunton River District Tunstall District Westover District Callands- Gretna District Banister District Dan River District Mr. Clarence C. Monday, County Administrator, Mr. J. Vaden Hunt, County Attorney, and Ms. Rebecca Flippen, Deputy Clerk to the Board were also present. Ms. Bowman led the Moment of Silence and then the Pledge of Alliance. Approval of Agenda Motion was made by Mr. Barksdale, seconded by Mr. Harville, to approve the agenda with the addition of the Danville- Pittsylvania Community Services Annual Report, which was unanimously approved by the Board. Hearing of the Citizens Willie Fitzgerald of the Banister District and President of the Pittsylvania County Chapter of the NAACP presented certificates to James Snead and Kate Berger for outstanding service to the community for 2015. Elizabeth Jones of the Banister District and Chair of the local Democratic Committee congratulated the newly- elected Board of Supervisors; gave thanks to the out -going Board members for their service to the citizens of Pittsylvania County; and congratulated Mr. Barksdale on his re- election as the Supervisor representing the Banister District. Ms. Jones concluded with her hopes the new Board will work together. Will Pace of the Chatham - Blairs District thanked all the Board of Supervisors for the work they do. " This concluded the Hearing of the Citizens. Consent Agenda Motion was made by Mr. Barber, seconded by Mr. Harville, to approve the Consent Agenda, which was approved by the Board of Supervisors. (a) Minutes: November 2, 2015 — (i) Regular Meeting November 17, 2015 — (ii) Adjourned Meeting (b) Bill List — November 2015 (on line) P31 Regular Meeting December 7, 2015 (c) Resolutions 2015- 12 -01, 2015- 12 -02, 2015- 12 -03; Retiring Constitutional Officers: H.F. Haymore, Samuel W. Swanson, Jr., and M. Kate Berger Ms. Bowman stated the resolutions would be presented to the Constitutional Officers at a later date. Pittsylvania County Board of Supervisors RESOLUTION 2015 -12 -01 VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held on Monday, December 7, 2015, the following resolution was adopted honoring the service of the Honorable H.F. Haymore, Jr., 22nd District Circuit Court Clerk for Pittsylvania County, Virginia. WHEREAS, the Honorable H.F. Haymore, Jr. is retiring December 31, 2015 after 32 years, ending a long prestigious and honorable career as the 22nd District Circuit Court Clerk for Pittsylvania County, Virginia; and WHEREAS, the Honorable H.F. Haymore, Jr., was first sworn into the office by the Honorable Judge Samuel Hairston as the Circuit Court Clerk for Pittsylvania County, Virginia, on January 1, 1984, succeeding the Honorable Samuel Swanson, Sr.; and becoming the ninth Circuit Court Clerk for Pittsylvania County; and WHEREAS, in his next three bids for re- election, the Honorable H.F. Haymore, Jr. ran unopposed campaigns; and WHEREAS, the Honorable H.F. Haymore, Jr. has served as Circuit Court Clerk under five Judges; the Honorables Judge Samuel Hairston, Judge Robert Vines, Judge William Alexander II, Judge Charles Strauss, and currently under the Honorable Stacey Moreau; and WHEREAS, with 32 years of service, the Honorable H.F. Haymore, Jr. is the second longest serving Circuit Court Clerk in the history of Pittsylvania County, Virginia; and WHEREAS, the Honorable H. F. Haymore, Jr. was appointed by former Governor Robert McDonnell to serve on the commission to set guidelines for individual civil rights restoration, as well as currently serving on the Virginia Crime Sentencing Commission; and WHEREAS, the Honorable H.F. Haymore, Jr. has received three Citizen of the Year awards: from the Danville- Pittsylvania County Chamber of Commerce, 1998; the Sertoma Service to Mankind, 1999; and the Kwanis Club of the City of Danville, 2002; and NOW, THEREFORE, BE IT RESOLVED, that the Pittsylvania County Board of Supervisors does hereby express their deepest appreciation and gratitude for the exemplary service, dedication, and outstanding contributions the Honorable H.F. Haymore, Jr. has provided to the Office of Circuit Court Clerk and the citizens of Pittsylvania County for the past 32 years and wish him all the best in his retirement; and BE IT FURTHER RESOLVED that a copy of this resolution be presented to the Honorable H.F. Haymore, Jr. P32 Regular Meeting December 7, 2015 Pittsylvania County Board of Supervisors RESOLUTION 2415 -12 -02 VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held on Monday, December 7, 2015, the following resolution was adopted honoring the service of the Honorable Samuel W. Swanson, Jr. as the Commissioner of the Revenue for Pittsylvania County, Virginia. WHEREAS, the Honorable Samuel W. Swanson, Jr. is retiring after 16 years as Commissioner of the Revenue for Pittsylvania County; and WHEREAS, the Honorable Samuel W. Swanson, Jr., was first sworn into the office by the Honorable H.F. Haymore, Jr. as the Commissioner of the Revenue for Pittsylvania County, Virginia, on January 1, 2000, succeeding the Honorable Hunt A. Meadows, Ill.; and becoming the tenth Commissioner of the Revenue for Pittsylvania County; and WHEREAS, the Honorable Samuel W. Swanson, Jr. ran three additional successful campaigns to be elected to as Commissioner of the Revenue, two of which were unopposed; and WHEREAS, in addition to the Office of Commissioner of the Revenue, Honorable Samuel W. Swanson, Jr. elected to the Pittsylvania County Board of Supervisors, serving in that capacity as the Dan River District Representative from January 1, 1998 until December 31, 1992; and WHEREAS, the Honorable Samuel W. Swanson, Jr. is a Certified Master Commissioner of the Revenue, received from the University of Virginia's Weldon Cooper Center for Public Service; and WHEREAS, the Honorable Samuel W. Swanson, Jr. received the 2015 Award as Friend of Agriculture from the Pittsylvania County Farm Bureau; then NOW, THEREFORE, BE IT RESOLVED, that the Pittsylvania County Board of Supervisors does hereby express their deepest appreciation and gratitude for the exemplary service, dedication, and outstanding contributions the Honorable Samuel W. Swanson, Jr. has provided to the Office of Commissioner of the Revenue and the citizens of Pittsylvania County for the past 16 years and wish him all the best in his retirement; and BE IT FURTHER RESOLVED that a copy of this resolution be presented to the Honorable Samuel W. Swanson, Jr. P33 Regular Meeting December 7, 2015 Pittsylvania County Board of Supervisors RESOLUTION 2015 -12 -03 VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held on Monday, December 7, 2015, the following resolution was adopted honoring the service of the Honorable M. Kate Berger as the Treasurer for Pittsylvania County, Virginia. WHEREAS, the Honorable M. Kate Berger has served as Treasurer for Pittsylvania County, Virginia; and WHEREAS, the Honorable M. Kate Berger, was first sworn into the office by the Honorable Judge Stacey Moreau as the Treasurer for Pittsylvania County, after winning a five -way race for office to fill the remaining term of retiring Treasurer Teresa Easley; and WHEREAS, the Honorable M. Kate Berger took office as Treasurer for Pittsylvania County December 1, 2013 for a term to end on December 31, 2015; and WHEREAS, in addition to the Office of Treasurer, Honorable M. Kate Berger was elected to the Pittsylvania County Board of Supervisors, serving in that capacity as the Callands- Gretna District Representative from January 1, 2004 until December 31, 2007; then NOW, THEREFORE, BE IT RESOLVED, that the Pittsylvania County Board of Supervisors does hereby express their deepest appreciation and gratitude for the exemplary service, dedication, and outstanding contributions the Honorable M. Kate Berger has provided to the Office of Treasurer and the citizens of Pittsylvania County for the past 2 years and wish her all the best in her future endeavors; and BE IT FURTHER RESOLVED that a copy of this resolution be presented to the Honorable M. Kate Berger. Unfinished Business At the Board of Supervisors' November 17, 2015 Adjourned Meeting, a motion was made by Mr. Harville, seconded by Mr. Barber, for the reappropriation of $27,733.34 as follows: $2,000.00 to County Attorney -Legal Fees (100 -4- 012210 - 3150), $102.00 to Fleet -Parts (100 -4- 012520- 6030), $102.00 to Fleet -Labor (100 -4- 012520 - 6031), $49.22 to Central Accounting - Travel (100 -4- 012430- 5500), $53.28 to Sheriff - Subsistence & Lodging (100 -4- 031200- 5530), $6,145.00 to Sheriff - Halloween Contributions (100 -4- 031200 - 5878), $100.00 to Sheriff -DARE (100 -4- 031200- 6002), $2,073.04 to Sheriff-Parts (100 -4- 031200- 6030), $1,192.20 to Sheriff - Labor (100 -4- 031200 - 6031), $325.00 to Fire Marshall- Training & Education (100- 4- 037100- 5540), $1,22894 to Jail- Extradition (100 -4- 033100- 5550), $66.00 to Jail -Food Supplies (100 -4- 033100- 6002), $10,536.66 to E911- Telephone (100 -4- 035500 - 5230), $10.00 to Non - departmental- Awards (100 -4- 091200- 5840), $3,750.00 to WIA -Other Operating (251- 4- 353878- 6014). This motion required a 10 -Day Layover that had now been met and the following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Barber -Yes; Mr. Snead -Yes; Mr. Blackstock- Yes; Mr. Barksdale -Yes; Mr. Hagerman -Yes; and Ms. Bowman -Yes. The Board unanimously approved Mr. Harville's motion. P34 Regular Meeting December 7, 2015 Presentations Chief 'Walter Bailey, Chairman of the Virginia Fire Services Board, and Lee Day, Member of the Virginia Fire Service Board, presented a PowerPoint presentation on findings and recommendations by the Virginia Fire Service Board (VFSB) after performing the comprehensive study of Pittsylvania County's Fire/EMS System, which the Board of Supervisors requested the VFSB perform. Chief Bailey explained the study had been performed by 8 members of the VFSB who met with all of the fire departments and ems agencies in Pittsylvania County. The purpose of the study, stated Chief Bailey, was to capitalize on what was working well, identify opportunities for improvement, present findings and recommendations and provide any guidance from VFSB the County wanted, emphasizing the findings were not to be construed as legal advice or as binding recommendations. The requested areas of study covered organization, budget and administration, training, delivery of service, equipment/apparatus, and communication. It was noted by Mr. Monday to the Board that the complete study was on the County's website for public viewing. No action by the Board was considered at this meeting. T Bob Warren, Board of the Directors member for the Danville Pittsylvania Community Services (DPCS), presented the DPCS's annual report. Gracie Mays, also a member of DPCS's Board of Directors was present. Annie Martine, Senior Program Officer for the Danville Regional Foundation, presented an update on the Dan River Regional Health Collaborative (2015 Health Summit). The Collaborative update contained data on how the County /Dan River Region ranked compared to Virginia in areas of obesity, access to exercise, diabetes, access to healthcare, and child poverty, and included suggestions on how to improve these rankings. Mark Moore, Director of Parks & Recreation for Pittsylvania County, updated the Board on activities in the Parks & Recreation Department as follows: (a) Over 130 youth teams with more than 2,000 children participating; (b) More than 35,000 spectators over the course of one year; (c) Utilize 18 county schools, including the former Blairs School for practices and is imperative to the youth basketball and cheerleading program- the County could not run a program with 64 basketball and cheerleading teams without it (almost 800 kids), and in the upcoming year is is necessary to have meaningful discussions about the short term and long term future of the Blairs facility. A plan of action and the implementation of that plan is desperately needed for the Blairs facility; (d) more than 200 residents enroll in bus and train trips in 2015; (3) The Parks & Ree Department will absorb the Youth Commission January 1; (f) Current grants received for recreation $355,500; (f) Middle school park project is in the final stages of obtaining grant funding and current park project funds stand at $350,000; (g) Groundwork has been laid for additional grants for park project totaling $375,000 with 6 financial partners including the county. County investment in the middle school park project - $150,000, will most likely be tripled in grant funds. Total grant funding should exceed $700,000 by 2016. New Business Mr. Monday explained the County had received a letter from the Commissioner of the Revenue to the Board of Supervisors with a proposed Open Space Agreement for Ringgold Golf Club for parcels #2347 -76 -7058 &2347 -75 -3119. The property meets the general guidelines established by the Board of Supervisors for an open space conservation area in Pittsylvania County, stated Mr. Monday. The deferred levy is projected by the Commissioner of the Revenues' Office at $2,334.63 if the Open -Space Agreement is approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Barber, to approve the agreement with Ringgold Golf P35 Regular Meeting December 7, 2015 Clue and authorize the County Administrator to sign on the behalf of the Board of Supervisors for an Open Space Agreement with Ringgold Gold Club in the Dan River District of Pittsylvania County, Virginia, and the following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Barber - Yes; Mr. Snead -Yes; Mr. Blackstock -Yes; Mr. Barksdale -Yes; Mr. Hagerman -Yes; and Ms. Bowman -Yes. The Board unanimously approved Mr. Snead's motion. A proposed policy for the Board of Supervisors' review and consideration concerning presentations /recognitions by the Board. After discussion, motion was made by Mr. Harville, seconded by Mr. Barber, to table action until the new 2016 Board of Supervisors took office in January and have that Board consider it after its' re- organization meeting. Mr. Harville's motion passed by a 6 -1 majority vote of the Board, with Ms. Bowman opposing. Motion was made by Mr. Blackstock, seconded by Mr. Harville, for the November 2015 Expenditure Refunds' reappropriation of $55,801.55 as follows: $1,000.00 to County Attorney - Legal Fees (100 -4- 012210- 3150), $100.00 to Clerk of Court- Copier Lease (100- 4- 021600- 60051), $480.07 to Sheriff - Subsistence & Lodging (100 -4- 031200 - 5530), $200.00 to Sheriff - Halloween Contributions (100 -4- 031200- 5878), $1,925.56 to Jail- Extradition (100- 4- 033100- 5550), $78.00 to Jail -Food Supplies (100 -4- 033100- 6002), $13,618.87 to B &G- Repairs & Maintenance (100 -4- 043100 - 3310), $348.20 to Ag Development - Travel (100 -4- 082500- 5500), $32,481.85 to WIA -Rent (251 -4- 353853- 6014), $1,250.00 to WIA -Other Operating (251 -4- 353878- 6014), $4,319.00 to Landfill Collections- Repairs (520 -4- 042300- 3310). This motion required a 10 -Day Layover. Appointments Motion was made by Mr. Harville, seconded by Mr. Barber, to send the Board's recommendations on Board of Zoning Appeals appointments to the Pittsylvania County Circuit Court Judge for her consideration, which was unanimously approved by the Board. Recommendations were as follows: R. Allan Easley, Helen Glass, and Joseph A. Craddock will expire January 16, 2016. All three members have expressed a desire to be re- appointed to serve another five -year term that would begin January 17, 2016 until January 16, 2021. No other appointment action was taken by the Board. Closed Session Motion was made by Mr. Harville, seconded by Mr. Barber, to enter into Closed Session for the following: (a) Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; and consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. For the purposes of this subdivision, "probable litigation" means litigation that has been specifically threatened or on which the public body or its legal counsel has a reasonable basis to believe will be commenced by or against a known party. Nothing in this subdivision shall be construed to permit the closure of a meeting merely because an attorney representing the public body is in attendance or is consulted on a matter. Authority: §2.2- 3711(A)(7), Code of Virginia, 1950, as amended Subject Matter: Discussion of Overpayment of Machinery & Tools Taxes by Local Business P36 Regular Meeting December 7, 2015 Purpose: Consultation with Legal Counsel (b) Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community. (1) Authority: § 2.2 -371 l(A)(5), Code of Virginia, 1950, as amended Subject Matter: Project Lignum Purpose: Project Status Update from County Staff (2) Authority: § 2.2 -371 l(A)(5), Code of Virginia, 1950, as amended Subject Matter: Project Candle Purpose: Project Status Update from County Staff (3). Authority: § 2.2- 3711(A)(5), Code of Virginia, 1950, as amended Subject Matter: Project Achieve Purpose: Project Status Update from County Staff The following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Barber -Yes; Mr. Snead -Yes; Mr. Blackstock -Yes; Mr. Barksdale -Yes; Mr. Hagerman -Yes; and Ms. Bowman -Yes. The Board unanimously approved Mr. Harville's motion and the Board entered into Closed Session. Motion was made by Mr. Harville, seconded by Mr. Blackstock, to re -enter Open Session. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at a Adjourned Meeting of the Pittsylvania County Board of Supervisors on Monday, December 7, 2015, the Board hereby certifies by a recorded vote that to the best of each board member's knowledge only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the motion authorizing the closed meeting were heard, discussed or considered in the closed meeting. If any member believes that there was a departure from the requirements of the Code, he shall so state prior to the vote indicating the substance of the departure. The statement shall be recorded in the minutes of the Board. Roll Call Vote Coy E. Harville Yes Tim R. Barber Yes James H. Snead Yes Jessie L. Barksdale Yes Elton W. Blackstock Yes Jerry A. Hagerman Yes Brenda Bowman Yes The Board re- entered Open Session at 9:23 pm. No Action was taken. P37 Regular Meeting December 7, 2015 Adjournment Motion was made by Mr. Barber, seconded by Mr. Harville, to adjourn the meeting, which was unanimously approved by the Board. The meeting ended at 9:25pm. P38 Adjourned Meeting December 15, 2015 Pittsylvania County Board of Supervisors Tuesday, December 15, 2015 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Monday, December 15, 2015 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Brenda H. Bowman, Chair, called the meeting to order at 7:00 p.m. The following members were present: Brenda H. Bowman Elton W. Blackstock Tim Barber Coy E. Harville Jerry A. Hagerman Jessie L. Barksdale James H. Snead Chatham - Blairs District Staunton River District Tunstall District Westover District Callands- Gretna District Banister District Dan River District Mr. Clarence C. Monday, County Administrator, Mr. J. Vaden Hunt, County Attorney, Mr. Greg L. Sides, Assistant County Administrator for Planning & Development, Mr. Odic H. Shelton, Jr., Director for Code Compliance, Ms. Kira Van Der Hyde, Director of Finance, and Ms. Rebecca Flippen, Deputy Clerk to the Board were also present. Ms. Bowman led the Moment of Silence, and then the Pledge of Alliance. Approval of Agenda Motion was made by Mr. Barber seconded by Mr. Harville, to approve the agenda, which was unanimously approved by the Board. Hearing of the Citizens Matthew Speck of the Staunton River District thank the Board of Supervisors for their service to the County and encouraged the upcoming 2016 Board of Supervisors to make a prayer policy; and then he offered a word of prayer. Wayne Robertson of the Chatham - Blairs District and member of the current School Board thank the Board for co- working with the School Board over the past four years and appreciated their position in all their decision making processes. This concluded the Hearing of the Citizens. Consent Agenda Motion was made by Mr. Barber, seconded by Mr. Barksdale, to approve the Consent Agenda, but to pull Item (d) and vote on that separately, which was approved by the Board of Supervisors. (a) Letter of Recognition -- Hunter & Luke Mills (b) Resolution 2015 -12 -04 — Hunter Shelton (c) Request to Purchase Service Weapon (d) Purchase of Laptops /Phones by Board of Supervisors Public Presentations: Presentation of Resolutions #2015 -12 -02 (Samuel Swanson, Jr.) and #2015 -12 -03 (M. Kate Berger) P39 Adjourned Meeting December 15, 2015 Presentation of Service Plaque and Jefferson Cup to Coy E. Harville, James H. Snead, and Brenda H. Bowman Youth Commission Resort Members of the Pittsylvania County Youth Commission presented the results of their survey taken by students in the four county high schools. Topics surveyed included, but was not limited to, how students liked where they lived, interest in a high school based credit union, school curriculums, continued education (beyond high school), plans after graduation, interest in returning to the area to live as an adult, school activities, time spent on homework, safety in and outside the schools, youth recreation, and quality of life in Pittsylvania County. Public Hearings Rezoning Cases Case 1: Matthew B. Adkins & Megan S. Adkins — Dan River Election District- R-15-037 A4, Agricultural District & R -I, Residential Suburban Subdivision District to B -2, Business District Ms. Bowman opened the public hearing at 8:10pm. Mr. Shelton explained that Matthew and Megan Adkins had petitioned to rezone 1.05 acres, located on U.S. Highway 360/O1d Richmond Road, in the Dan River Election District from A -1, Agricultural District and R -1, Residential Suburban Subdivision District to B -2, Business District, General. Once the property is rezoned to B -2, all uses listed under Section 35 -365 are a permitted use. The Planning Commission, with no opposition, recommended granting the petitioners' request. Matthew Adkins was there to represent the petition. No one signed up to speak and Ms. Bowman closed the hearing at 8:11 pm. Motion was made by Mr. Snead, seconded by Mr. Barber, to rezone Case R -15 -037 from A -1 & R -1 to B -2, and the following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Barber -Yes; Mr. Snead -Yes; Mr. Blackstock - Yes; Mr. Barksdale -Yes; Mr. Hagerman -Yes; and Ms. Bowman-Yes. Mr. Snead's motion was unanimously approved by the Board. Case 2: David W. Goad — Staunton River Election District: R -15 -038 R -1, Residential Suburban Subdivision District to A -L Agricultural General Ms. Bowman opened the public hearing at 8:12pm. Mr. Shelton explained that David W. Goad had petitioned to rezone 3.08 acres, located on State Road 685 /Telegraph Road, in the Staunton River Election District from R -1, Residential Suburban Subdivision District to A -1, Agricultural District. Once the property is rezoned to A -1, all uses listed under Section 35 -178 are a permitted use. The Planning Commission, with no opposition, recommended granting the petitioner's request. David Goad was there to represent the petition. No one else signed up to speak and Ms. Bowman closed the hearing at 8 :14pm. Motion was made by Mr. Blackstock, seconded by Mr. Harville, to approve rezoning Case R -15 -038 from R -1 to A -1, and the following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Barber -Yes; Mr. Snead -Yes; Mr. Blackstock -Yes; Mr. Barksdale -Yes; Mr. Hagerman -Yes; and Ms. Bowman-Yes. Mr. Blackstock's motion was unanimously approved by the Board. Case 3. Cameron R. Jewell & Geraldine L. Jewell — Tunstall Election District: R -15 -039 R -1, Residential Suburban Subdivision District to B -2, Business District, General Ms. Bowman opened the public hearing at 8:15pm. Mr. Shelton explained that Cameron and Geraldine Jewell had petitioned to rezone 2.51 acres, located on State Road 841/Medical Center Road, in the Tunstall Election District from RC -1, Residential Combined Subdivision District to B -2, P40 Adjourned Meeting December 15, 2015 Business District, General. Once the property is rezoned to B -2, all uses listed under Section 35 -365 are a permitted use. The Planning Commission, with opposition, recommended granting the petitioners' request. Cameron Jewell was there to represent the petition. Walter Rieck and Doug Walker (adjacent landowners) signed up to speak, and a letter was submitted by Christy Smith (adjacent property owner), opposing the petitioners' request to rezone for the following reasons: concerns about chemicals being stored on the property that could spill, leak, smell, run -off with stormwater into near -by creek, an environmental study had not been performed and should be, unsuitable topography for the business, and increased road traffic. No one else signed up to speak and Ms. Bowman closed the hearing at 8:27pm. Motion was made by Mr. Barber, seconded by Mr. Snead to deny rezoning Case R -15 -039 from R -1, Residential Suburban Subdivision District to B -2, Business District, General as the B -2 zoning would not be consistent with the area/comprehensive plan and would be considered spot zoning, and the business would not be a good fit for the surrounding residential area; and the following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Barber -Yes; Mr. Snead -Yes; Mr. Blackstock -Yes; Mr. Barksdale -Yes; Mr. Hagerman -Yes; and Ms. Bowman -Yes. Mr. Barber's motion to deny the rezoning was unanimously approved by the Board. 4. James Franklin Williams & Sandra J. Williams — Staunton River Election District: R -15 -040 R -1, Residential Suburban Subdivision District to A -1. Agricultural General Ms. Bowman opened the public hearing at 8:341pm. Mr. Shelton explained that James and Sandra Williams had petitioned to rezone 1.44 acres, located on State Road 646 /Spring Road, in the Staunton River Election District from R -1, Residential Suburban Subdivision District to A -1, Agricultural District. Once the property is rezoned to A -1, all uses listed under Section 35 -178 are a permitted use. The Planning Commission, with no opposition, recommended granting the petitioners' request. James Williams was there to represent the petition.. No one signed up to speak and Ms. Bowman closed the hearing at 8:32pm. Motion was made by Mr. Blackstock, seconded by Mr. Barksdale to approve rezoning Case R -15 -040 from R -1, Residential Suburban Subdivision District to A -1, Agricultural District and the following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Barber -Yes; Mr. Snead -Yes; Mr. Blackstock -Yes; Mr. Barksdale -Yes; Mr. Hagerman -Yes; and Ms. Bowman -Yes. Mr. Blackstock's motion was unanimously approved by the Board. 5. Grayson W. Jacobs, Jr. & Emily M. Jacobs — Staunton River Election District: R -15 -041 R -1, Residential Suburban Subdivision District to A -1. Agricultural General Ms. Bowman opened the public hearing at 8:34pm. Mr. Shelton explained that Grayson and Emily Jacobs had petitioned to rezone 4.06 acres, located on State Road 646 /Spring Road, in the Staunton River Election District from R -1, Residential Suburban Subdivision District to A -1, Agricultural District. Once the property is rezoned to A -1, all uses listed under Section 35 -178 are a permitted use. The Planning Commission, with no opposition, recommended granting the petitioners' request. James Williams was there to represent the petition. No one signed up to speak and Ms. Bowman closed the hearing at 8:35pm. Motion was made by Mr. Blackstock, seconded by Mr. Barber, to approve rezoning Case R -15 -041 from R -1, Residential Suburban Subdivision District to A -1, Agricultural District and the following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Barber -Yes; Mr. Snead -Yes; Mr. Blackstock -Yes; Mr. Barksdale -Yes; Mr. Hagerman -Yes; and Ms. Bowman -Yes. Mr. Blackstock's motion was unanimously approved by the Board. This concluded the rezoning cases. Public Hearings P41 Adjourned Meeting December 15, 2015 Public Hearing to receive citizen input on the proposed amendment to Chapter 6 -6.3, Property Exempt by Classification or Designation, of the Pittsylvania County Code. The proposed amendment would establish a tax exempt status for real property owned by Are of Southside, Inc. for Parcels #1377 -87 -3469 and #1377 -87 -4402. Ms. Bowman opened the public hearing at 8:36pm. Mr. Monday explained at their meeting on November 17, 2015, the Board of Supervisors approved a request from Are of Southside, Inc. for a Public Hearing for the purpose of citizen input on amending PCC § 6 -6.3 to include the property known as #2426 -35 -2059 and #2329 -45 -4674 as tax exempt by class ification/designation. These two parcels of property in Pittsylvania County are as follows: 1) Tax Parcel #2426 -35 -2059, 1.14 acres located at 449 Chalk Level Road, Chatham, VA is being used as a K -12 school for students with disabilities; and 2) Tax Parcel 42329 -45 -4674, 3.996 acres located at 3446 US Hwy 29, Danville, VA is being used as an employment training center for adults with disabilities The public hearing has been duly advertised. The total amount of annual taxes that would be exempt on this property, (Parcel ID #2426 -35 -2059) is $647.82. The total amount of annual taxes that would be exempt on this property, (Parcel ID #2426 -35 -2059) is $2,288.02. The total loss of revenue for the County if exempt would be $2,935.84. No one signed up to speak and Ms. Bowman closed the hearing at 8:37pm. Motion was made by Mr. HarviIle, seconded by Mr. Barksdale, as follows: "The Board of Supervisors hereby designates the property owned by The Are of Southside, Inc., known as I) Tax Parcel 42426 -35 -2059, 1.14 acres located at 449 Chalk Level Road, Chatham, VA is being used as a K -12 school far students with disabilities; and 2) Tax Parcel 412329 -45 -4674, 3.996 acres located at 3446 US Hwy 29, Danville, VA is being used as an employment training center for adults with disabilities to be exempt by designation since said real property is used specifically for charitable purposes". The following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Barber -Yes; Mr. Snead -Yes; Mr. Blackstock -Yes; Mr. Barksdale - Yes; Mr. Hagerman -Yes; and Ms. Bowman -Yes. Mr. Harville's motion was unanimously approved by the Board. Public Hearing to receive citizen input on the proposed amendment and ratification of the following animal control area to Chapter 2, Section 2 -22; Running at Large Restrictions; of the Pittsylvania Code to include from Highway View Road /SR 988 to Jasper Wood Road /SR 753, and ending at Shula Drive /SR 642 in the Staunton River Election District. Ms. Bowman opened the public hearing at 8:40pm. Mr. Monday explained at their meeting on November 17, 2015, the Board of Supervisors approved a request to hold a public hearing for citizen input on a proposal to amend Pittsylvania County Code (PCC) Section 2.2 -22; Running At Large Restriction in Designated Areas, to include Jasper Woods Road in Hurt, Virginia. Mr. Well's letter included a signature petition in favor of a controlled area defined as from Highway View Road /SR 988 to Jasper Wood Roadl SR 753, and ending at Shula Drive /SR 642. The public hearing has been duly advertised. As per Pittsylvania County Code (PCC) Section 2.2 -22; Running At Large Restriction in Designated Areas, staff has verified that a majority (51 %) of the property owners are in favor of a controlled area defined as from Highway View RoadISR 988 to Jasper Wood Road/ SR 753, and ending at Shula DrivelSR 642. No one signed up to speak; however, Larry Wells, who submitted the petition on behave of the petitioning residents that there have been issues with dogs for some time, parents were afraid to let the children out to play, and on a personal issue, his garden had been destroyed by dogs. Ms. Bowman then closed the hearing at 8:45pm. Motion was made by Mr. Blackstock, seconded by Mr. Barksdale, as follows: "The Board of Supervisors approves the proposed amendment of Pittsylvania County Code (PCC) Section 2.2 -22; Running At Large P42 Adjourned Meeting December 15, 2015 Restriction in Designated Areas, to include Jasper Woods Road in Hurt Virginia, with a controlled area defined as from Highway View Road1SR 988 to Jasper Wood Road/ SR 753, and ending at Shula DrivelSR 642 ". The following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Barber -Yes; Mr. Snead -Yes; Mr. Blackstock -Yes; Mr. Barksdale -Yes; Mr. Hagerman -Yes; and Ms. Bowman -Yes. Mr. Blackstock's motion was unanimously approved by the Board. This concluded the public hearings. New Business Motion was made by Mr. Blackstock, seconded by Mr. Snead, to approve Resolution 2015- 12-05, for lease financing with the Virginia Resources Authority, concerning the School Energy Project. The following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Barber -Yes; Mr. Snead - Yes; Mr. Blackstock -Yes; Mr. Barksdale -Yes; Mr. Hagerman -Yes; and Ms. Bowman -Yes. Mr. Blackstock's motion was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2015 -12 -05 RESOLUTION APPROVING A LEASE FINANCING WITH THE VIRGINIA RESOURCES AUTHORITY, APPROVING THE FORM OF CERTAIN DOCUMENTS PREPARED IN CONNECTION THEREWITH AND AU`T'HORIZING THE DISTRIBUTION, EXECUTION AND DELIVERY OF THE SAME WHEREAS, the Pittsylvania County School Board (the "School Board ") desires to finance the acquisition, construction and equipping of certain equipment and improvements (collectively, the "Equipment ") to approximately 19 different educational facilities operated by the Pittsylvania County Schools through an energy performance contract with Trane and thereby improve energy systems and decrease energy costs; WHEREAS, the School Board has requested that the County of Pittsylvania, Virginia (the "County "), enter into a plan of lease /purchase financing with the School Board, Banc of America Leasing and Capital, LLC (or one of its affiliates) (the "Lender "), and the Virginia Resources Authority ( "VRA ") utilizing proceeds of a qualified energy conservation bond (as more particularly described in the hereinafter defined Documents, the "VRA Bond ") to be issued by VRA as part of the VirginiaSAVES Green Community Program (the "Program ") established by the Virginia Department of Mines, Minerals and Energy and administered by C1eanSource Capital, LLC (the "Program. Administrator "); WHEREAS, there have been presented to this meeting the following documents (the "Documents "), proposed to be executed in connection with the issuance of the VRA Bond and the plan of lease /purchase financing: Lender's Taxable QECB Installment Purchase Agreement Proposal for Pittsylvania County; Draft Proposal for Funding for the Program between the Program Administrator, the County and the School Board, to which VRA's commitment letter is attached as an exhibit; P43 Adjourned Meeting December 15, 2015 Draft Administrative Services Agreement between the Program Administrator, the County and the School Board; Draft Bond Purchase and Lease Acquisition Agreement ( "Bond Purchase Agreement ") between VRA, the Lender, the County and the School Board; Draft Prime Lease (the "Prime Lease "), between the School Board (as lessor) and VRA (as lessee), which is to be acknowledged and consented to by the County; and Draft Financing Lease (the "Financing Lease "), between VRA (as lessor) and the County and the School Board (as co- lessees); WHEREAS, as described in the Documents, VRA will deliver the VRA Bond to the Lender in exchange for the principal amount of the VRA Bond under the terms and conditions of the Bond Purchase Agreement; WHEREAS, VRA will cause the net proceeds of the VRA Bond to be applied to finance the Equipment, all or a portion of which will be leased to VRA for nominal consideration pursuant to the Prime Lease and leased back to the County and the School Board pursuant to the Financing Lease; WHEREAS, the rental payments under the Financing Lease (the "Rental Payments ") will be structured to be sufficient in timing and amount to pay the debt service on the VRA Bond and VRA will apply the Rental Payments, or cause them to be applied, to pay such debt service; and WHEREAS, the federal subsidy payments expected to be received by VRA because of the issuance of the VRA Bond as a qualified energy conservation bond, to the extent received, will be transferred to, or applied for the benefit of, the School Board and the County as described in the Documents; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA: Plan of Finance. The County Board of Supervisors (the "County Board ") hereby finds and determines that it is in the best interests of the County and its residents to assist the School Board with its request to promote energy efficiency savings through the Equipment. Accordingly, the County Board approves the following plan of finance. (a) the School Board will lease the Equipment to VRA pursuant to the terms of the Prime Lease and the County will consent thereto, and (b) VRA will lease all or a portion of the Equipment to the County and the School Board pursuant to the terms of the Financing Lease; provided, however that (i) the term of the Prime Lease shall not be longer than December 31, 2037 (with earlier termination upon payment of all Rental Payments), (ii) the term of the Financing Lease shall not be longer than December 31, 2032, (iii) the aggregate amount of principal components due under the Financing Lease shall not exceed $3,314,000 and (iv) the interest components of the Rental Payments shall not exceed a rate of 4.5 % per year (prior to taking into account the federal subsidy payments and any default rate). If the County Board fails to make payments under the terms of the Financing Lease for any reason, the County acknowledges that the Financing Lease will allow VRA and its assignees to exercise certain remedies, including without limitation, the return of the Equipment until the earlier of P44 Adjourned Meeting December 15, 2015 (x) the payment or prepayment in full of all Rental Payments, or (y) the termination of the Prime Lease. If required by the Lender, the County Board authorizes the County Administrator to structure the financing through a sale /leaseback equipment lease arrangement with payment provisions and general covenants (far example, requirements to maintain insurance and compliance with applicable law) in substantially the forms set forth in the Financing Lease, but allowing for the liquidation and sale of the Equipment as a remedy for an event of default or an event of non- appropriation. In addition, the County Board acknowledges that VRA is treating the Financing Lease as a "local obligation" within the meaning of Section 62.1 -199 of the Code of Virginia of 1950, as amended (the "Virginia Code "), including amendments thereto taking effect as of July 1, 2011, which in the event of a nonpayment under the Financing Lease authorizes VRA to file an affidavit with the Governor that such nonpayment has occurred pursuant to Section 62.1 -216.1 of the Virginia Code. In acquiring the Financing Lease, VRA is further relying on Section 62.1 -216.1 of the Virginia Code, providing that if the Governor is satisfied that such nonpayment has occurred, the Governor will immediately make an order directing the Comptroller to withhold all further payment to the County of all funds, or of any part of them, appropriated and payable by the Commonwealth of Virginia to the County for any and all purposes, and the Governor will, while the nonpayment continues, direct in writing the payment of all sums withheld by the Comptroller, or as much of them as is necessary, to VRA, so as to cure, or cure insofar as possible, such nonpayment. The County Board agrees to such treatment of the Financing Lease as a "local obligation" under Section 62.1 -216.1 of the Virginia Code and will not contest such designation. Authorization of Documents. The Chairperson of the County Board and the County Administrator (each an "Authorized County Representative "), either of whom may act, are hereby authorized and directed to execute the Documents to which the County is a party, which shall be in substantially the forms submitted to this meeting, which are hereby approved, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the Authorized County Representative executing such Documents, the execution and delivery of which shall constitute conclusive evidence of such officer's approval of any such completions, omissions, insertions and changes. At the discretion of the School Superintendent, in consultation with the County Administrator, all or a portion of the Equipment may be included in the leasehold interests conveyed by the Prime Lease and the Financing Lease. Counsel to the School Board, in collaboration with the County Attorney, is hereby authorized to cause the Prime Lease and the Financing Lease and other related documents as are necessary to be recorded in the Clerk's Office of the Circuit Court of Pittsylvania County. Payment and Prepayment Provisions. Rental Payments shall be payable in lawful money of the United States of America and otherwise comply with the terms set forth in the Financing Lease. The County may, at its option, prepay the principal components of Rental Payments upon the terms set forth in the Financing Lease. Subject to Appropriation. The undertaking by the County under the Financing Lease to make Rental Payments shall be a limited obligation of the County, payable solely from funds to be appropriated by the County Board from time to time for such purpose and shall not constitute a debt of the County within the meaning of any constitutional or statutory limitation or a pledge of the faith and credit of the County beyond any fiscal year for which the County Board has lawfully P45 Adjourned Meeting December 15, 2015 appropriated from time to time. Nothing herein or in the Financing Lease shall constitute a debt of the County within the meaning of any constitutional or statutory limitation or a pledge of the faith and credit or taxing power of the County. Annual Budget. The County Board believes that funds sufficient to make payment of all amounts payable under the Financing Lease can be obtained. While recognizing that it is not empowered to make any binding commitment to make such payments beyond the current fiscal year, the County Board hereby states its intent to make annual appropriations for future fiscal years in amounts sufficient to make all such payments and hereby recommends that future Boards do likewise during the terms of the Financing Lease. The County Board directs the County Administrator, or such other officer who may be charged with the responsibility for preparing the County's annual budget, to include in the budget request for each fiscal year during the term of the Financing Lease an amount sufficient to pay all amounts coming due under the Financing Lease during such fiscal year without regard to any anticipated federal subsidy payments. Throughout the term of the Financing Lease, the County Administrator shall deliver to VRA within 30 days after the adoption of the budget for each fiscal year, but not later than July 1, a certificate stating whether an amount equal to the Rental Payments and any other amounts due under the Financing Lease that will be due during the next fiscal year has been budgeted and appropriated by the County Board. If at any time during any fiscal year of the County, through the fiscal year ending June 30, 2033, the amount appropriated in the County's annual budget in any such fiscal year is insufficient to pay when due the amounts payable under the Financing Lease, the County Board directs the County Administrator, or such other officer who may be charged with the responsibility for preparing the County's annual budget, to submit to the County Board at the next scheduled meeting, or as promptly as practicable but in any event within 45 days, a request for a supplemental appropriation sufficient to cover the deficit. Tax Compliance Documentation. The Authorized County Representatives, either of who may act, and the Director of Finance are hereby authorized and directed to execute, deliver and file all certificates and documents and to take all such further action as they may consider necessary or desirable in connection with the execution and delivery of the Documents and the financing of the Equipment, including without limitation the execution and delivery of a federal tax certificate and agreement setting forth the expected use and investment of the proceeds of the VRA Bond and the Financing Lease to show that such expected use and investment will not violate the provisions of Sections 54A, 54D and 6431 of the Internal Revenue Code of 1986, as amended, and the Treasury regulations and IRS notices thereunder, applicable to qualified energy conservation bonds, and to take all such further action as they may consider necessary or desirable in connection with the execution and delivery of the VRA Bond and the Documents. The foregoing shall be subject to the advice, approval and direction of bond counsel for the County. SNAP Investment Authorization. The County has heretofore received and reviewed the Information Statement (the "Information Statement ") describing the State Non - Arbitrage Program of the Commonwealth of Virginia ( "SNAP") and the Contract Creating the State Non - Arbitrage Program Pool I (the "Contract "), and the County Board hereby authorizes the County Treasurer in her discretion to utilize SNAP in connection with the investment of any proceeds of the Financing Lease. The County Board acknowledges the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the County in connection with SNAP, except as otherwise provided in the Contract. P46 Adjourned Meeting December 15, 2015 Other Actions. All other actions of County officials in conformity with the purposes and intent of this Resolution and in fin therance of the execution and delivery of the Documents are ratified, approved and confirmed. The County officials are authorized and directed to execute and deliver all certificates and other instruments considered necessary or desirable in connection with the execution and delivery of the Documents pursuant to this Resolution. Any authorization herein to execute a document shall include authorization to deliver it to the other parties thereto and to record such document where appropriate_ Effective Date. All prior resolutions or actions inconsistent with this Resolution are hereby repealed. This Resolution shall take effect immediately. The undersigned Deputy Clerk of the Board of Supervisors of Pittsylvania County, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the Board held on December 15, 2015, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present. Members present at the meeting were: Members absent from the meeting were: Members voting in favor of the foregoing resolution were: Members voting against the foregoing resolution were: Members abstaining from voting on the foregoing resolution were: WITNESS MY HAND and the seal of the County of Pittsylvania, Virginia, this 15TH day of December, 2015. Katie Millner, Comprehensive Services Act Coordinator for Pittsylvania County, presented the Community Policy Management Team (CPMT) quarterly report. All CPMT members were in compliance with the Board of Supervisors Resolution 2014- 10 -02. Mr. Monday introduce Matthew Rowe as the County's new Director of Economic Development. Mr. Rowe's first day was December 15, 2015. Motion was made by Mr. Blackstock, seconded by Mr. Barber, to approve a 50150 Cost Share Agreement that would be the policy to share "Watch of Children" costs between the residents requesting the signs and the County, on an equal 50 — 50 basis. Mr. Harville made a substitute motion to table the issue until the January 19, 2016 Board meeting, as he felt there were still too many unanswered questions on cost, and the County made become liable for maintenance of signs currently installed that now VDOT was responsible for, and that those signs would be different than future signs. Mr. Harville's substitute motion failed for a second. The following Roll Call Vote was recorded for Mr. Blackstock's motion: Mr. Harville -Yes; Mr. Barber -Yes; Mr. Snead -Yes; Mr. Blackstock -Yes; Mr. Barksdale -Yes; Mr. Hagerman -Yes; and Ms. Bowman -Yes. Mr. Blackstock's motion was unanimously approved by the Board. Pal Adjourned Meeting December 15, 2015 Another motion was made by Mr. Blackstock, seconded by Mr. Barksdale, for staff to contact VDOT on finding a better cost for sign materials than currently being considered, which was unanimously approved by the Board. Proposed Cost -Share Policy for Watch for Children Signs Citizens requesting a Watch for Children sign in unincorporated areas within Pittsylvania County will be given a sign request application form (also available online). The applicant will provide contact information and identify the geographic area of concern along with the desired sign location. The application farm will indicate the required cost -share amount per sign, based on a 50 % share of the actual sign purchase cost, and include a statement accepting responsibility for providing payment. IL When a Watch for Children sign request application is received, County staff will meet on site with VDOT staff to determine if the desired location meets VDOT sign guidelines, or if an acceptable alternative sign location is available. If an alternative location is required, staff will coordinate with the applicant to determine if the alternative site is acceptable and addresses their concerns. III. If the location is approved and the applicant provides the cost -share payment, the County Administrator will sign the VDOT Agreement for the Installation and Maintenance of Watch for Children _Signs by County or Town, or subsequent addendum for additional signs. The County will pay the required fee and obtain the VDOT Land Use Permit approving installation of the sign on VDOT right -of -way. IV. Building and Grounds staff will install the Watch for Children sign at the approved location, based on VDOT specifications, and be responsible for fixture maintenance. V. Expenses Estimated cost per sign $400 (based on purchasing agent quote) A County budget adjustment will need to be created for sign purchase cost and Land Use Permit fee, along with sign installation and maintenance. Upfront purchase of multiple signs is anticipated for purchasing efficiency, and to establish inventory. Staff anticipates the need for an initial appropriation of $5000.00 to establish the initial inventory and to pay for the initial permit fee. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve the Comprehensive Economic Development Strategy (CEDS) list for FY 2016 submitted by the West Piedmont Planning District and authorize the County Administrator to sign any necessary documentation, which was unanimously approved by the Board. P48 Adjourned Meeting December 15, 2015 Motion was made by Mr. Harville, seconded by Mr. Barber, to approve the request for a Public Hearing to be held on January 19, 2016 for the purpose of citizen input on amending FCC § 6- 6.3 to include Parcels 41377 -87 -3469 and 41377 -87 -4402 owned by Bachelors Hall Volunteer Fire Department tax exempt by classification/designation, which was unanimously approved by the Board. Mr. Monday explained that Owens - Brockway Glass Container, Inc., filed amended business personal property returns for tax years 2008, 2009, 2010, and 2011. Robinson, Farmer, Cox Associates reviewed such amended filings. The matter was further analyzed by the Virginia Department of Tax Tax Commissioner who issued determination in favor of Owens - Brockway. The business overpaid taxes to the County and is owed a refund that includes principal plus interest. Mutual agreement has been reached, resulting in reimbursement in the amount of $130,000. This matter is not due to staff errors; instead, is attributed to overpayment. From time -to -time, said Mr. Monday, overpayments occur, and the County has a line item for such reimbursements. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve the reimburse Owens- Brockway Container, Inc. $130,000 from the Miscellaneous Refunds, #100 -4- 092100 -5834 Line Item in the General Fund, which was unanimously approved by the Board. Consent Agenda Item (d) Motion was made by Mr. Barber, seconded by Mr. Blackstock, to sell Mr. Harville his cell phone and laptop (both outdated) for the amount of One Dollar ($1.00) each, which was approved by a 6/1 vote of the Board, with Mr. Harville abstaining. Motion was made by Mr. Blackstock, seconded by Mr. Barber, to sell Ms. Bowman her cell phone and laptop (both outdated) for the amount of One Dollar ($1.00) each, which was approved by a 6/1 vote of the Board, with Ms. Bowman abstaining. Motion was made by Mr. Blackstock, seconded by Mr. Barber, to sell Mr. Snead his cell phone (outdated) for the amount of One Dollar ($1.00), which was approved by a 6/1 vote of the Board, with Mr. Snead abstaining. Adjournment Motion was made by Mr. Snead, seconded by Mr. Harville, to adjourn the meeting, which was unanimously approved by the Board. The meeting ended at 9:40pm. P49 NEW BUSINESS P50 APPOINTMENTS P51 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Appointment -- Community Policy Management 01 -04 -2016 Team — Government Representative ACTION: Yes SUBJECT/PROPOSAL/REOUEST: CONSENT AGENDA: ACTION: Appointment ATTACHMENTS: STAFF CONTACT(S): I No Mr. Monday I REVIEWED BY: BACKGROUND: ITEM NUMBER: 25 INFORMATION: INFORMATION: DISCUSSION: Upon Resolution 2014- 10 -02, the Community Policy Management Team is required to have a local government offical appointed by the Board to the CPMT. RECOMMENDATION: The staff submits this to the Board for their review and consideration. P52 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Appointment — Tri- County Lake Administrative 01 -04 -2016 Commission (TLAC) ACTION: Yes SUBJECT/PROPOSAL/REOUEST: CONSENT AGENDA: ACTION: Appointments ATTACHMENTS: STAFF CONTACT(S): I No I Mr. Monday BACKGROUND: ITEM NUMBER: 26 INFORMATION: INFORMATION: DISCUSSION: Tri -Lakes Administrative Commission's appointments are for a one -year term, beginning February 1, 2016 through January 31, 2017. The County Administrator for participating localities must be appointment to this Commission. Pittsylvania County appoints a citizen representative to this Commission. Mr. John Lindsey, the current appointment has expressed that he does not want to be re- appointed. Pittsylvania County appoints the Leesville Lake Association's representative. Currently, Mr. Sherwood Zimmerman is that representative and has expressed his wish to be reappointed. RECOMMENDATION: The staff submits this to the Board for their review and consideration. P53 REPORTS FROM Iff.17 9 1J MEMBERS P54 REPORTS FROM LEGAL COUNSEL P55 REPORTS FROM COUNTY ADMINISTRATOR P56 VIRGINIA S'YL�4 Darrell W. Daiwa, Superintendent � � � w �; Phvsme (434) 432m7458 Bading & Grounds Depaztmseat 51 N. Main 5L d Fax (434) 432 -2294 d �e �a Gretna /Hmt (434) 656 -6211 Box g.Q. �� 426 �; �;. c� k� Bachelors Chad -tam, Vitginiz 24531 53Il Bachelors �LaFfl /� �eF� (434) 797-955( ]E-mail: da.tee1Lda1eon @pit1gov.atg E0ATDU To. Otis S. Hawker, Assistant County Administrator From: Kaylyn Mlyers, Administrative Assistant lll, County Administration Date: December 29, 2415 Subject: COMPL YED WORK GRIDERS c DECEN1HER 2015 Attached please find a listing, by department, of completed work orders for the month of December. This list does not reflect work orders in progress but not yet completed, actual expenses incurred, or routine maintenance necessary for the smooth operation of the County facilities. However, it does reflect the total number of -man-hours. Presently, there are approximately 6 work. orders still outstanding. If you have any questions concerning this, please do not hesitate to contact rose. KM Attachment cc: Clarence Monday, County Administrator Darrell W. Dalton, Superintendent of Building; & Grounds P57 BUILDING & GROUNDS MAINTENANCE WORK ORDERS COMPLETED FOR MONTH OF DECEMBER 2015 Nu. vvlu MAN- riuUM0 — ._. ANIMAL CONTROL 4 - `ARMORY 40 JUVENILE & DOMESTIC COURT _ A S C S/ EXTENSION 1 USDA -FSA I JUVENILE & DOMESTIC COURT SERVICES UNIT BOARD OF SUPERVISORS p LANDFILL BUILDING & GROUNDS 2 $ BUILDING INSPECTIONS 26 VICTIM WITNESS CAPTAIN MARTIN BLDG - CENTRAL ACCOUTING - �~ + RINGGOLD DEPOT CENTRAL PURCHASING - - -- - A CALLANDS CLERKS OFFICE CIRCUIT COURT - � OLD BLAIRS SCHOOL � T -- -_ CLERK OF COURT 1 4 CODE COMPLIANCE (PLANNING COMMISSSION & ZONING) I 1 COMMISSIONER OF REVENUE � -� 3 5 COMMONWEALTH ATTORNEY 1 j COMPACTOR SITE COUNTY ADMINISTRATOR AND ASST. COUNTY ADMIN. 4 6 COUNTY ATTORNEY I I COURTHOUSE (1968 ANNEX) COURTHOUSE (EDWIN R. SHIELDS) CSA - CPMB DEPOT BUILDING - EMERGENCY 911 FACILITY 5 12 — - ENVIRONMENTAL HEALTH -� FINANCE FIRE MARSHAL GENERAL DISTRICT COURT GRANTS ADMINISTRATION HEALTH DEPARTMENT 4 2 INFORMATION TECHNOLOGY 2 4 JAIL 52 40 JUVENILE & DOMESTIC COURT _ 1 I JUVENILE & DOMESTIC COURT SERVICES UNIT �a 2 p LANDFILL 2 2 LIBRARY 6 26 rISTRATE ES BUILDING DOMINION AG. COMPLEX RECREATION: RAIL -TRAIL & WAYSIDE PARK RECREATIONAL - REGISTRAR-VOTING PRECINCTS ISHERIFF � T_ R - - �a 2 12 �50C1AL SERVICES - 8 6 'TREASURER 2 v 2 VICTIM WITNESS �OTHER: 4380 BERRY HILL �~ + RINGGOLD DEPOT A CALLANDS CLERKS OFFICE 1 4 OLD BLAIRS SCHOOL � T -- -_ -- � 1 � 16 - KENTUCK WALKING TRAIL T07AL iPORK ORDERS COMPLETED - DEC,6'AMER 2015 98 153 YEAR To DATE 0710112015 - 06!3012016 462 T 727 P58 PITTSYLVANIA COUNTY VIRGINIA Otis Hawker, Interim County Administrator P.O. Box 426 Chatham, Virginia 24531 e -mail: dsleeper@pittgov.org 0 MEMORANDUM To: Otis S. Hawker, Assistant County Administrator From: Pete Boswell., Chief Animal Control Officer Date: December 31, 2015, Subject: Animal Control Activity Report Phone (434) 432 -7710 Fax (434) 432 -7714 Gretna /Hurt (434) 656 -6211 During the period of _DECEMBER 1, 2015, through _DECEMBER 31,2015, the Animal Control Officers responded to calls; 348 and 98 follow up calls as per Pete Boswell, Chief Animal Control Officer, resulting in the following: Description Number Remarks Animals taken into custody: 97 Dogs 66 Cats 29 Other 2 2- OPOSSUMS Animals on hand at month end 13 Animals dispatched 20 14 -due to injuries/ BITES - Licenses checked 42 Court cases 2 Summons 6 Animals Adopted 4 Animals returned to owners 14 Cats taken to the Humane Society 28 Animals Transferred 17 16 -FCHS 1 LAP Injured animals picked up 5 Animals found in traps 39 Exposures: Human /Saliva 0 -Exposures: Dogs/Cats/Wildlife 0 Dog Bites 3 Cat Bites 0 Cruelty Checks 6 Well -being Checks I 1 Cat/Dog Fights 1 Investigated killings by dogs/cats I Investigate killings by Coyotes 0 11 you have any questions concerning this, please do not hesitate to contact me. P59 PITTSYLVANIA COUNTY VIRGINIA Otis Hawker, Interim 9� Phone (434) 432 -7710 County Administrator o o Fax {434} 432 -7714 P.O. Box 426 Chatham, Virginia 24531 , 'Y z Gretna /Hurt (434) 656 -6211 CD e -mail: dsleeper @pittgov.org J' ` 1767 MEMORANDUM To: Otis S. Hawker, Assistant County Administrator From: Pete Boswell., Chief Animal Control Officer Date: DECEMBER 31, 2015 Subject: Conservators of the Peace Solid Waste Monitoring Report The Animal Control Officers whom have been appointed to the position of Conservators of the Peace monitoring solid waste sites in Pittsylvania County, as per Pete Boswell, Chief Animal Control Officer, for the period of DECEMBER 1, 2015 through, DECEMBER 31,2015 Description Number Remarks 9 HRS Total hours monitored 71 Vehicles entering sites 5 Vehicles checked 0 Summons' issued 0 Court Cases 0 Convictions If you have any questions concerning this, please do not hesitate to contact me. P60 PITTSYLVANIA COUNTY CODE COMPLIANCE MONTHLY REPORT & FEES December 2015 TYPES OF PERMITS 75 LEVY COLLECTED $115.52 1 SUBDIVISION FEES COLLECTED $37.00 11 ZONING PERMIT FEES COLLECTED $40.00 1 REINSPECTION FEES COLLECTED $100.00 11 LAND DISTURBING FEES COLLECTED $90.00 174 TOTAL FEES COLLECTED $6,176.40 MONTHLY BUILDING VALUES 4 NEW DWELLINGS $643,400.00 2 MOBILE HOMES/OFFICE TRAILERS 8,500.00 0 DOUBLE -WIDE MOBILE HOMES 0.00 2 MODULAR 249,475.00 20 COMMERCIAL CONSTRUCTION 388,651.00 47 MISCELLANEOUS 502,245.00 75 TOTAL $1,792,271.00 NONTAXABLE $ 2,228,907.00 $34,974,673.00 MONTHLY ACTIVITY REPORT NUMBER OF BUILDING INSPECTIONS MADE NUMBER OF REJECTIONS OF WORK NUMBER OF E & S INSPECTIONS NUMBER OF MILES INSPECTORS TRAVELED MONTHLY ZONING FEES 1 REZONING FEES COLLECTED 0 SPECIAL USE PERMIT FEES COLLECTED 0 VARIANCE 1 APPEAL 2 TOTAL P61 226 31 33 3,658 $180.93 0.00 0.00 157.45 $338.38 Respectfully Submitted, 1/j Odie H. Shelton, Jr. Director of Code Compliance/ Zoning Administrator PITTSYLVANIA COUNTY CODE COMPLIANCE ANNUAL REPORT ANNUAL REPORT 2015 TYPES OF PERMITS 1024 BUILDING PERMIT FEES COLLECTED 90,661.2.0 1024 LEVY COLLECTED $1,815.68 3 SUBDIVISION FEES COLLECTED $104.00 248 ZONING PERMIT FEES COLLECTED 1 REINSPECTION FEES COLLECTED 112 LAND DISTURBING FEES COLLECTED 2412 TOTAL FEES COLLECTED MONTHLY BUILDING VALUES 59 NEW DWELLINGS 50 MOBILE HOMESIOFFICE TRAILERS 21 DOUBLE -WIDE MOBILE HOMES 24 MODULAR 197 COMMERCIAL CONSTRUCTION 674 MISCELLANEOUS 1025 TOTAL NONTAXABLE $ 2,228,907.00 MONTHLY ACTIVITY REPORT NUMBER OF BUILDING INSPECTIONS MADE NUMBER OF REJECTIONS OF WORK NUMBER OF E & S INSPECTIONS NUMBER OF MILES INSPECTORS TRAVELED MONTHLY ZONING FEES 41 REZONING FEES COLLECTED 14 SPECIAL USE PERMIT FEES COLLECTED 6 VARIANCE & APPEAL FEES COLLECTED 1 SIGNS 1 APPEAL 63 TOTAL P62 $1,366.25 $100.00 $1,170.00 $95,217.17 $10,794,831.00 662,464.00 1,512,839.00 4,113,583.00 10,606,162.00 7,284,794.00 $34,974,673.00 $34,974,673.00 2,802 485 532 47,674 $7,398.62 2,543.87 797.40 187.67 157.45 $11,085.01 Respectfully Submitted, 1 Odie H. Shelton, Jr. Director of Code Compliance/ Zoning Administrator ADJOURNMENT P63