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08-16-2016 BOS Adjourned Meeting Agenda PKT�6lcc 5c�bla BOARD PACKET BOARD OF SUPERVISORS ADTOURNED MEETING August 16, 2016 a 1767 Pl P2 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS ADJOURNED MEETING TUESDAY, AUGUST 16, 2016 GENERAL DISTRICT COURTROOM 11 BANK STREET, CHATHAM, VA 24531 AGENDA 1. Call to Order — 7:00 p.m. 2. Roll Call Barber Hagerman Blackstock Davis Scearce Warren Barksdale 3. Moment of Silence 4. Pledge of Allegiance 5. Items to be added to the Agenda APPROVAL OF AGENDA HEARING OF CITIZENS CONSENT AGENDA 6. (a) Road Name Addition — Shiane Circle Pages 14-16 (b) Road Name Addition - Lindy Lane Pages 17-19 (c) Proclamation — National Preparedness Month: September 2016 Pages 20-21 Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Second. Barber Hagerman Blackstock Davis Scearce Warren Barksdale PUBLIC HEARINGS Rezoning Cases Case 1: Charles M. Butcher, Jr., & Cynthia P. Butcher: Staunton River Election District; R-16-016 R-1, Residential Suburban Subdivision District to A-1, Agricultural District Open: Close: Speakers: Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Second. Barber Hagerman Blackstock Davis Scearce Warren Barksdale Roll Call Vote Comments: Y N A Barber Hagerman Blackstock Scearce Davis Warren Barksdale (Roll Call Vote YorN) Case 2: Corey D. Rowland & Kellie P. Rowland: Callands/Gretna Election District; R-16-017 R-1, Residential Suburban Subdivision District to A-1, Agricultural District Open: Close: Speakers: Motion: Second. Roil Call Vote Barber Hagerman Blackstock Davis Scearce Warren Barksdale Barber Hagerman Blackstock Davis Scearce Warren Barksdale Comments. Y N A Barber Hagerman Blackstock Scearce Davis Warren Barksdale (Roll Call Vote YorN) Case 3: Danny & Elizabeth Pruitt, Calvin L. Hedrick, Jr.: Callands/Gretna Election District; R-16-018 M-1, Industrial District, Light Industry to A-1, Agricultural District Open: Close. Speakers. Motion: Second. Roll Call Vote Barber Hagerman Blackstock Davis Scearce Warren Barksdale Barber Hagerman Blackstock Davis Scearce Warren Barksdale Y N Barber Hagerman Blackstock Scearce Davis Warren Barksdale (Roll Call Vote YorN) A Comments. Case 4: Ronald J. McBride & Jennifer E. McBride — Staunton River Election; R-16-019 R-1, Residential Suburban Subdivision District to A-1, Agricultural District Open: Close: Speakers: Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Second. Barber Hagerman Blackstock Davis Scearce Warren Barksdale Roll Call Vote Comments: Y N A Barber Hagerman Blackstock Scearce Davis Warren Barksdale (Roll Call Vote Y or N) Case 5: Corey Daniel Rowland— Banister & Calland/Gretna Election District; R-16-020 R-1, Residential Suburban Subdivision District portion to A-1, Agricultural District Open: Close: Speakers: Motion: Second: Roll Call Vote Barber Hagerman Blackstock Davis Scearce Warren Barksdale Barber Hagerman Blackstock Davis Scearce Warren Barksdale Comments. Y N A Barber Hagerman Blackstock Scearce Davis Warren Barksdale (Roll Call Vote Y or N) UNFINIHSED BUSINESS 7. 2016 Year -End Budget Amendments —At the Board of Supervisors' August 1, 2016 meeting a motion was made by Mr. Warren, seconded by Mr. Barber that required a 10 -Day Layover that has now been met. Roll Call Vote Required. Pages 24-29 Roll Call Vote Comments: Y N A Barber Hagerman Blackstock Scearce Davis Warren Barksdale (Roll Call Vote Y or N) NEW BUSINESS 8. Request to Set Public Hearing — Property Lease Agreement with the Trustees of United Steelworkers Local Union 9428 Pages 31-38 Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Second: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Comments: 9. Recommendations from Personnel Committee — The Board of Supervisors' Personnel Committee will meet at 3:30 PM on Tuesday, August 16, 2016. Any recommendations from the Committee will be presented to the Board of Supervisors. Pages 39-40 Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Second. Barber Hagerman Blackstock Davis Scearce Warren Barksdale Comments: 10. Financial Matters (a) Recommendations from Finance Committee — The Board of Supervisors' Finance Committee will meet at 5:00 PM on Tuesday, August 16, 2016. Any recommendations from the Committee will be presented to the Board of Supervisors Pages 41-42 Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Second: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Comments. (b) Financial Report — 4h Quarter 2016 (Year -End Report) Pages 43-50 Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Second. Barber Hagerman Blackstock Davis Scearce Warren Barksdale Comments: (c) Animal Shelter Bid Award Pages 51-52 Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Second: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Comments. (d) The Community Foundation of the Dan River Region Agreement Pages 53-60 Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Second: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Roll Call Vote Comments: Y N A Barber Hagerman Blackstock Scearce Davis Warren Barksdale (Roll Call Vote Yor N) (e) Animal Shelter Construction Appropriation Pages 6I-62 Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Second: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Roll Call Vote Comments: Y N A Barber Hagerman Blackstock Scearce Davis Warren Barksdale (Roll Call Vote Yor N) (f) Request to set Public Hearing for FY2017 Budget Amendments Pages 63-68 Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Second: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Comments: BOARD ANNOUNCEMENTS REPORTS FROM LEGAL COUNSEL REPORTS FROM COUNTY ADMINISTRATOR CLOSED SESSION Time Entered in Closed Session: Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Second. Barber Hagerman Blackstock Davis Scearce Warren Barksdale Roll Call Vote Y N A Barber Hagerman Blackstock Scearce Davis Warren Barksdale (Roll Call Vote Yor11q 11. (a) Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body. Authority: 2.2-3711(A)(1) of the Code of Virginia, 1950, as amended Subject Matter: County Administrator Recruitment/Selection Purpose: Hear Preliminary Report of Candidates & Recruitment Process Ahead Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Second. Barber Hagerman Blackstock Davis Scearce Warren Barksdale Comments: (b) Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body. Authority: 2.2-3711(A)(1) of the Code of Virginia, 1950, as amended Subject Matter: County Attorney Purpose: Discussion of Performance of County Attorney Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Second. Barber Hagerman Blackstock Davis Scearce Warren Barksdale Comments: RETURN TO OPEN SESSION Motion to return to Open Session: Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Second. Barber Hagerman Blackstock Davis Scearce Warren Barksdale Time Returned to Open Session: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors on August 16, 2016, the Board hereby certifies by a recorded vote that to the best of each board member's knowledge only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the motion authorizing the closed meeting were heard, discussed or considered in the closed meeting. If any member believes that there was a departure from the requirements of the Code, he shall so state prior to the vote indicating the substance of the departure. The statement shall be recorded in the minutes of the Board. Vote Tim R. Barber Yes/No Jerry A. Hagerman Yes/No Elton W. Blackstock Yes/No Joe B. Davis Yes/No Ronald S. Scearce Yes/No Robert W. Warren Yes/No Jessie L. Barksdale Yes/No ADJOURNMENT Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Second: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Time: TO BE ADDED Pil HEARING OF CITIZENS P12 CONSENT AGENDA PI3 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Road Name Addition — Shiane Drive SUBJECT/PROPOSAL/REOUEST Request to name private drive STAFF CONTACT(S): Mr. Monday; Mr. Shelton AGENDA DATE: 08/01/16 ACTION: CONSENT AGENDA: ACTION: Yes ITEM NUMBER: 6(a) INFORMATION: INFORMATION: ATTACHMENTS: 1. Letter from Director of Code Compliance dated 08-05-16 2. Map REVIEWED BY: BACKGROUND/DISCUSSION Mr. Curtis Arthur has requested to name a private driveway that connects to Penny Lane in Hurt, Virginia. The driveway is located beside 136 Penny Lane and will be the driveway to his granddaughter's home. Mr. Arthur has requested the name of Shiane Drive, Shiane Court, Shiane Cirlce, or Shiane Road. Mr. Arthur is aware of the $200 cost of installing a new road sign. There are no other in Pittsylvania County with these names. RECOMMENDATION: Staff submits this information to the Board of Supervisors for their consideration and approval. P14 PITTSYLVANIA COUNTY VIRGINIA Department of Code Compliance c y Phone Numbers: P.O. Drawer D p C. Inspections (434) 432-7750 Chatham, Virginia 24531 .mi c Zoning (434) 432-1771 Fax (434) 432-7919 Odie H. Shelton, Jr., Director I J6l TO: Clarence Mond County Administrator lJri�u FROM: Odle H. She on, n, Director of Code Compliance DATE: August 5, 2016 SUBJECT: Road Name Addition Please add Road Name Addition on the Consent Agenda for the Board of Supervisors Adjourned Meeting on August 16, 2016. 1 can be present to present this to the Board and answer any questions the Board may have. This road name addition is located in the Staunton River District. I have spoken with Mr. Blackstock and he is willing to make a motion to name this road Shiane Circle. Please contact me if 1 need to be present to present this to the Board. OHS, Jr. /khb Attachments C: Rebecca Flippen, Deputy Clerk P15 411k4 - r PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Road Name Addition — Lindy Lane Drive 08/01/16 SUBJECT/PROPOSAL/REOUEST: ACTION: Request to name private drive CONSENT AGENDA: STAFF CONTACT(S): ACTION: Mr. Monday; Mr. Shelton Yes ITEM NUMBER: 6(b) INFORMATION: INFORMATION: ATTACHMENTS: 1. Letter from Director of Code Compliance dated 08-11-16 2. Map REVIEWED BY: BACKGROUND/DISCUSSION: Mr. William Bartley has requested to change the name of Tucks Cemetery Road. The proposed names are: 1. God's Grace Drive 2. Lindy Lane 3. Isabelle Trail All of the properties adjoining Tuck's Cemetery Road are owned by Mr. Bartley and his stepfather, Elliot Scoot, who also agrees with the change request. Mr. Bartley agrees to pay the $200 road sign fee. There are no other in Pittsylvania County with these names. RECOMMENDATION: Staff submits this information to the Board of Supervisors for their consideration and approval. P17 PITTSYLVANIA COUNTY VIRGINIA n,..,n Department of Code Com fiance P Phone Numbers: P.O. Drawer D Inspections (434) 432-7750 Chatham, Virginia 24531 Zoning (434) 432-1771 Fax (434) 432-7919 Odie H. Shelton, Jr., Director MEMORANDUM TO: Clarence Monday, Pittsylvania County Administrator FROM: Odie H. Shelton, Jr., Director of Code Compliance Q DATE: August 11, 2016 ids SUBJECT: Road Name Change Please add Road Name Change on the Consent Agenda for the Board of Supervisors Adjourned Meeting on August 16, 2016. 1 will be present answer any questions the Board may have. This road name change is located in the Staunton River District. 1 have spoken with Mr. Blackstock and he is willing to make a motion to name this road Lindy Lane. Please contact me if you have any questions regarding this issue. OHS, Jr. /khb Attachments C: Rebecca Flippen, Deputy Clerk P18 X/ rift /j PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Proclamation — National Preparedness Month SUBJECT/PROPOSAL/REQUEST: September 2016 — National Preparedness Month STAFF CONTACT(S): Mr. Monday BACKGROUND: AGENDA DATE: 08-16-2016 ACTION: CONSENT AGENDA: ACTION: Yes ATTACHMENTS: Proclamation REVIEWED BY: ITEM NUMBER: 6(c) INFORMATION: INFORMATION: Each year the Board of Supervisors proclaims September as National Preparedness Month encouraging the County's citizens to also develop their own emergency preparedness plans, and recognizing all of the agencies and citizens responsible for their contribution in preparing for emergencies in Pittsylvania County. DISCUSSION: Attached hereto, is a Proclamation identifying National Preparedness Month for the month of September 2016. RECOMMENDATION: Staff recommends that the Board of Supervisors approve the attached Proclamation and authorize the County Administrator to forward a copy to local media. P20 joittspfbania Countp Foarb, of &uperbior!5 Vrodamation National Preparedness Month September 2016 DON'T WAIT COMMUNICATE. MAKE YOUR EMERGENCY PLAN TODAY. A9 SEPTEMBER IS NATIONAL PREPAREDNESS MDXTH! AMERICA'S/gy(. FEMA PrepclreAthOn! Ready Whereas, "National Preparedness Month" creates an important opportunity for every resident of Pittsylvania County to prepare their homes, businesses, and communities for any type of emergency including natural disasters and potential terrorist attacks; and Whereas, investing in the preparedness of ourselves, our families, businesses, and communities can reduce fatalities and economic devastation in our communities and in our nation; and Whereas, the Federal Emergency Management Agency's Ready Campaign, Citizens Corps, and other federal, state, local, tribal, territorial, private, and volunteer agencies are working to increase public activities in preparing for emergencies and to educate individuals on how to take action; and Whereas, emergency preparedness is the responsibility of every citizen of Pittsylvania County and all citizens are urged to make preparedness a priority and work together, as a team, to ensure that individuals, families, and communities are prepared for disasters and emergencies of any type; and Whereas, all citizens of Pittsylvania are encouraged to participate in citizen preparedness activities and asked to visit websites of the Ready Campaign at Ready.eov or List�o. >ov (in Spanish) and become more prepared; then Therefore, Be It Proclaimed that the Pittsylvania County Board of Supervisors hereby proclaims September 2016 as National Preparedness Month, and encourages all citizens and business to develop their own emergency preparedness plan, and work together toward creating a more prepared society. Given under my hand this 16`h day of August, 2016. Jessie L. Barksdale, Chair Pittsylvania County Board of Supervisors Clarence C. Monday, Clerk Pittsylvania County Board of Supervisors P21 PUBLIC HEARING P22 UNFINISHED BUSINESS P23 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE• AGENDA DATE: 8-16-16 2016 Year -End Budget Amendments -Motion made by Mr. Warren and seconded by Mr. Barber and has now ACTION: met the 10 -day layover requirement Yes SUBJECT/PROPOSAL/REOUEST• CONSENT AGENDA: ACTION: 2016 Year -End Transfers and/or Appropriations STAFF CONTACT(S): BACKGROUND: ITEM NUMBER: 7 INFORMATION: INFORMATION: ATTACHMENTS: 2016 Year -End Amendment List Schools' 2015-2016 Categorical Changes REVIEWED BY: DISCUSSION: After carefully reviewing the financial status of County Departments for fiscal year 2015-2016, several items need to be transferred and/or appropriated to either eliminate bottom line deficits in these departments or to provide funding for the upcoming budget year. The departments affected are: Sheriff, Animal Control, Non - departmental, State Restricted Seizure Fund -Sheriff, Landfill and Schools. The attached listing shows the amount needed/requested and the reason for the need/request. This list also contains suggested appropriations for year-end as well as the catergorical changes requested by the School Board. Attached is a list of these transfers and appropriations. RECOMMENDATION: Staff recommends that the Board appropriate a total of $254,646.93 and approve transfers of $137,041.92 for a grand total adjustment of $391,688.85 as discussed on the attached listing. These items will be adjusted in the FY 2016 budget. MOTION MADE BY MR. WARREN AND SECONDED BY MR. BARBER AND HAS NOW MET THE 10 -DAY LAYOVER REQUIREMENT. P24 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: 2016 Year -End Budget Amendments -Requires a motion and a 10 -day layover S UBJECT/PROPOSAL/REOUEST: 2016 Year -End Transfers and/or Appropriations STAFF CONTACT(S): Monday, VanDerHyde BACKGROUND: AGENDA DATE: 8-01-16 ACTION: Yes CONSENT AGENDA: ACTION: ITEM NUMBER: 18 INFORMATION: INFORMATION: ATTACHMENTS: 2016 Year -End Amendment List Schools' 2015-2016 Categorical Changes DISCUSSION: After carefully reviewing the financial status of County Departments for fiscal year 2015-2016, several items need to be transferred and/or appropriated to either eliminate bottom line deficits in these departments or to provide funding for the upcoming budget year. The departments affected are: Sheriff, Animal Control, Non - departmental, State Restricted Seizure Fund -Sheriff, Landfill and Schools. The attached listing shows the amount needed/requested and the reason for the need/request. This list also contains suggested appropriations for year-end as well as the catergorical changes requested by the School Board. Attached is a list of these transfers and appropriations. RECOMMENDATION: Staff recommends that the Board appropriate a total of $254,646.93 and approve transfers of $137,041.92 for a grand total adjustment of $391,688.85 as discussed on the attached listing. These items will be adjusted in the FY 2016 budget. THIS ITEM REQUIRES A MOTION AND A 10 -DAY LAYOVER. P25 PITTSYLVANIA COUNTY SCHOOLS P.O. Box 232.39 Bank Street S.E. • Chatham, Virginia 24531 July 19, 2016 Clarence C. Monday, County Administrator Pittsylvania County Board of Supervisors P. O. Box 426 Chatham, VA 24531 Mr. Monday: Dr. Mark R Jones Division Superintendent Attached please find the FY 2015-2016 Categorical Budget breakdown with adjustments. Transfers are required between all categories to cover actual operating expenses and carryovers for the fiscal year. This document also contains necessary budget amendments for the regular School fund and the School Nutrition Program. These amendments are for additional revenues received during FY 2015-16 over and above the original approved budgets. We ask the Board of Supervisors to adjust the FY 2015-2016 budget categories accordingly and to amend the FY 15-16 School and School Nutrition budgets and appropriate the additional funds. Thank you for your attention on this matter. Sincerely, Dr. Mark R. Jones. Division Superintendent TELEPHONE NUMBERS: (434) 432-2761 . (434) 793-1624 (DanviQe) • (434) 656-6248 (Gretna) . FAX (434) 432-9560 P26 0 m a P27 d N 3 Q F to m m Q o N m O W O O VQl N Vl 1D 00 m W n OI T N N .meq T O M ul Q p Q N p Q 1/1 1 N M tp Oi M N ✓1 1 � � m lcm rvQomo N r oo Q� o v o ui e m oD vi a m c n m m m m w r r I+i vi m ni m m n ry oo ry N .-I e -I OJ rl N ry o o r o 0 o ai of O O n 0 0 0 N w ry a vii w a W n ll <D 06 M N O O o 0 0 0 0 0 m 0 0 0 0 0 o m l0 0 0 0 0 0 0 lD o � ry O O r 0 0 0 O1 r O O n 0 0 0 Q 0 0 .•1 ory ti m 'i 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 06m l+i& om m 'i N OD N a0 OI N N 1" Ci N kl Q M lD n M N ID CO C n N d ` v c d � O 2 ti v a Y o •� O \o v o ate. 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The Sheriff will utilize the building primarily for storage purposes. The Trustees of United Steelworkers Local Union 9428 seek to continue to lease approximately 1,100 square feet on the Premises for use as a Union meeting and office place. Attached please find a proposed Lease Agreement (the "Agreement") for potential execution related thereto. Please be advised, that since the Premises is now publicly owned, per Virginia Code § 15.2-1800(B), enclosed, a public hearing is required before execution of the attached Agreement. RECOMMENDATION: For the BOS' consideration. If the BOS decides to proceed with the Agreement, a Motion authorizing County Staff advertise and conduct the public hearing as required by Virginia Code § 15.2-1800 is necessary. P31 LEASE AGREEMENT This LEASE AGREEMENT (the "Lease'), is made on 2016 ("Date of Execution'), between the Board of Supervisors of Pittsylvania County, Virginia ("Lessor'), and Trustees of United Steelworkers Local Union 9428 ("Lessee"), (collectively "the Parties"). WITNESSETH THAT FOR AND IN CONSIDERATION of the mutual covenants and agreements herein contained, the Parties do hereby covenant and agree as follows: 1. LEASE OF PROPERTY; COVENANTS OF OWNERSHIP; QUIET ENJOYMENT: Lessor hereby leases and demises and Lessee hereby rents that real Property, approximately 1,100 sq. ft., with improvements thereon and appurtenances thereunto belonging, located at 123 Tightsqueeze Industrial Road, Chatham, Virginia 24531 (the "Premises"). The Premises is leased for the sole purpose of being a Union meeting and office place. Any other purpose must be approved by Lessor. Lessor covenants and agrees that it is the owner of the Premises demised, and that Lessee shall have quiet enjoyment thereof for the Lease's duration. 2. TERM OF LEASE; RENEWAL; TERMINATION: The term of this Lease shall be for thirty-six (36) months, commencing as of the Date of Execution above. This Lease may be terminated by either party with ninety (90) day's written notice. 3. RENT; LATE FEE: Lessee covenants and agrees to pay to Lessor, as rental for the Premises, the sum of six hundred twenty-five dollars ($625.00) per month, due on the I" day of each month, and payable by the 5h day of each month. A ten percent (10%) penalty shall be assessed for rent received after the 5u' day of each month. 4. REAL ESTATE AND PERSONAL PROPERTY TAXES: Lessor shall pay all real estate taxes assesses against the Premises demised (if any), and shall also pay all personal property taxes assesses against any of the personal property and fixtures hereby demised (if any). 5. UTILITIES: Lessee shall pay for telephone and other utilities used upon said Premises. Lessor shall pay for water and electricity used upon said Premises. 6. INSURANCE; LIBILITY FOR DAMAGE TO PERSONAL PROPERTY; INDEMNIFICATION: Lessor shall keep the demised Premises adequately insured against fire, windstorm, and other casualty, without comprehensive coverage, and Lessee will keep its contents in or on demised Premises adequately insured. Lessor shall in no way be held Liable for any damage to Lessee's property, or the property of others, placed on or in the Premises during the term of this Lease or any extension thereof. Lessee covenants and agrees to hold harmless Lessor from any costs and damages to Lessee, or Page 1 of 5 P32 others, resulting from the fault or negligence of Lessee under the terms and conditions of this Lease. 7. MAINTENANCE OF THE PREMISES; REPAIR OF FIXTURES: A. MAINTENANCE OF PREMISES: Lessee shall maintain the Premises at all times in a neat and orderly condition. Any and all exterior signage shall be approved by Lessor. B. REPAIRS TO PREMISES: Lessor shall be responsible for maintaining the roof and exterior walls of demised Premises, cutting the grass, and cleaning the parking lot. C. REPAIRS TO PLUMBING, WIRING, AND OTHER FIXTURES: Repairs to the heating, air conditioning (if applicable), plumbing equipment, and wiring shall be the responsibility of the Lessor, unless the repairs are the result of the improper use or negligence of the Lessee, Lessee's invitees or licensees, in which event the repair shall be the responsibility of Lessee. Repairs to all other equipment and fixtures during the term of this Lease shall be the responsibility of Lessee. 8. DESTRUCTION OF PREMISES: If Premises is totally destroyed by casualty or becomes so extensively damaged, without fault of Lessee, so as to render the demised Premises unusable by Lessee, Lessor or Lessee may elect to terminate this Lease, and the proceeds of any insurance on the Premises or personal property leased hereunder shall be the Lessor's property. 9. ALTERATIONS OR IMPROVEMENTS: No alterations or improvements shall be made to the demised Premises by the Lessee without prior written consent of Lessor. Any and all alterations or improvements made to the Premises shall be the property of Lessor at the termination of the Lease. 10. ASSIGNMENTS AND SUBLEASE: No assignment or sublease of the rights of the Lessee under this Lease shall be made without prior written consent of Lessor. 11. LESSOR'S RIGHT OF ENTRY: Lessor may, at reasonable times, enter upon the demises Premises for the purpose of inspecting the same. 12. BREACH OF COVENANTS: In the event Lessee fails to perform any of the other covenants of this Lease to be performed by Lessee under this Lease, then Lessor shall have the right, in addition to all other rights or remedies provided by law or equity, to: (i) without demand or notice to re-enter, by force or otherwise, and take possession of the Premises without being liable by doing said; and (ii) setoff against rents paid in advance for any damages caused by such breach, with the Lessee being liable for any deficiency. In the event Lessor fails to perform any of the covenants of this Lease to be performed by Page 2 of 5 P33 Lessor, Lessee shall have all rights and remedies provided by law and equity. If an action is brought to enforce any of the rights or remedies available to either party in the event a breach of any term of this Lease, the prevailing party shall be entitled to any and all costs expended, including reasonable attorneys' fees, court costs, and litigation costs. 13. IMMEDIATE TERMINATION OF LEASE: In the event that Lessee should execute any Deed of Assignment for the benefit of creditors, file a petition in bankruptcy, or should the property of the Lessee be levied upon by any creditors, the Lessor, at its discretion, shall have the option, if allowed by law or equity, to declare this Lease terminated. 14. WAIVER OF BREACH: The failure of Lessor to enforce one (1) or more of the terms or conditions of the Lease, from time -to -time, shall not constitute a waiver of such terms or conditions upon subsequent or continuing breach. 15. APPLICABLE LAW: This Lease shall be construed according to the laws of the Commonwealth of Virginia. 16. VENUE: The legal venue for any litigation arising out of this Lease shall be the appropriate court of Pittsylvania County, Virginia. 17. ENTIRE AGREEMENT: This Lease constitutes the entire agreement between the Parties. This Lease may not be changed orally, but only by an agreement in writing, signed by both Parties. 18. BENEFIT: This Lease shall inure to the benefit of, and shall bind the heirs, successors, and assigns of the Parties. 19. NOTICES: Any notice or demand under this Lease shall be by registered or certified mail, return receipt requested, sent to the Parties at the addresses listed below, and shall be deemed delivered on the date postmarked: A. LESSOR: Pittsylvania County Administration 1 Center Street P.O. Box 426 Chatham, Virginia 24531 B. LESSEE: Trustees of United Steelworkers Local Union 9428 Witness the following signatures and seals: Page 3 of 5 P34 LESSOR: THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA BY: Name (Printed): Its: COMMONWEALTH OF VIRGINIA COUNTY OF BE IT REMEMBERED, that before me on this day of 2016, appeared , who acknowledged the signing of the foregoing instrument to be his voluntary act and deed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal, on the day set forth above. NOTARY PUBLIC APPROVED AS TO FORM J. Vaden Hunt, Esq. Pittsylvania County Attorney Page 4 of 5 P35 LESSEE: TRUSTEES OF UNITED STEELWORKERS LOCAL UNION 9428 BY: Name (Printed): COMMONWEALTH OF VIRGINIA COUNTY/CITY OF BE IT REMEMBERED, that before me on this day of 2016 appeared who acknowledged the signing of the foregoing instrument to be his voluntary act and deed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal, on the day set forth above. NOTARY PUBLIC Page 5 of 5 P36 Virginia � 15.2-1800. Purchase sale use etc of real property. A. A locality may acquire by purchase, gift, devise, bequest, exchange, lease as lessee, or otherwise, title to, or any interests in, any real property, whether improved or unimproved, within its jurisdiction, for any public use. Acquisition of any interest in real property by condemnation is governed by Chapter 19 (§ 15.2-1901 et seq.). The acquisition of a leasehold or other interest in a telecommunications tower, owned by a nongovernmental source, for the operation of a locality's wireless radio communications systems shall be governed by this chapter. B. Subject to any applicable requirements of Article VII, Section 9 of the Constitution, any locality may sell, at public or private sale, exchange, lease as lessor, mortgage, pledge, subordinate interest in or otherwise dispose of its real property, which includes the superjacent airspace (except airspace provided for in § 15.2-2030 ) which may be subdivided and conveyed separate from the subjacent land surface, provided that no such real property, whether improved or unimproved, shall be disposed of until the governing body has held a public hearing concerning such disposal. However, the holding of a public hearing shall not apply to (i) the leasing of real property to another public body, political subdivision or authority of the Commonwealth or (ii) conveyance of site development easements across public property, including, but not limited to, easements for ingress, egress, utilities, cable, telecommunications, storm water management, and other similar conveyances, that are consistent with the local capital improvement program, involving improvement of property owned by the locality. The provisions of this section shall not apply to the vacation of public interests in real property under the provisions of Articles 6 (§ 15.2-2240 et seq.) and 7 (§ 15.2-2280 et seq.) of Chapter 22 of this title. C. A city or town may also acquire real property for a public use outside its boundaries; a county may acquire real property for a public use outside its boundaries when expressly authorized by law. D. A locality may construct, insure, and equip buildings, structures and other improvements on real property owned or leased by it. E. A locality may operate, maintain, and regulate the use of its real property or may contract with other persons to do so. Notwithstanding any contrary provision of law, general or special, no locality providing access and opportunity to use its real property, whether improved or unimproved, may deny equal access or a fair opportunity to use such real property to, or otherwise discriminate against, the Boy Scouts of America or the Girl Scouts of the USA. Nothing in this paragraph shall be P37 construed to require any locality to sponsor the Boy Scouts of America or the Girl Scouts of the USA, or to exempt any such groups from local policies governing access to and use of a locality's real property. The provisions of this paragraph applicable to a locality shall also apply equally to any local governmental entity, including a department, agency, or authority. F. This section shall not be construed to deprive the resident judge or judges of the right to control the use of the courthouse. G. "Public use" as used in this section shall have the same meaning as in § 1-219.1. Code 1950, § 15-692; 1962, c. 623, § 15.1-262; 1968, c. 418; 1974, c. 282; 1977, c. 269; 1979, c. 431; 1980, cc. 212, 559; 1984, c. 241; 1986, cc. 477, 573; 1990, C. 813; 1997, c. 587; 1998, c. 696; 2005, c. 822; 2006, c. 57; 2007, cc. 882, 901, 926. P38 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Recommendations from Personnel Committee SUBJECT/PROPOSAL/REQUEST: Committee Recommendations STAFF CONTACT(S): Mr. Monday BACKGROUND: AGENDA DATE: 08-16-2016 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Personnel Committee Agenda ITEM NUMBER: 9 INFORMATION: INFORMATION: DISCUSSION: The Personnel Committee will meet at 3:30 PM on Tuesday, August 16, 2016. Any recommendations from the Finance Committee will be presented to the full Board of Supervisors. (Agenda attached) RECOMMENDATION: Staff submits this to the Board of Supervisors for their review and consideration. P39 Pittsylvania County Board of Supervisors PERSONNEL COMMITTEE Tuesday, August 16, 2016 3:30 PM Main Conference Room County Administration Building 1 Center Street, Chatham, Virginia AGENDA 1. Call to Order— 3:30 p.m. 2. Roll Call 3. Approval of Agenda CLOSED SESSION 4 (a) Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body. Authority: 2.2-3711(A)(1) of the Code of Virginia, 1950, as amended Subject Matter: County Administrator Recruitment/Selection Purpose: Hear Preliminary Report of Candidates & Recruitment Process Ahead 4 (b) Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body. Authority: 2.2-3711(A)(1) of the Code of Virginia, 1950, as amended Subject Matter: County Attorney Purpose: Discussion of Performance of County Attorney 5. Return to Open Session / Certification 6. Next Steps ADJOURNMENT Poo PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Recommendations from Finance Committee SUBJECT/PROPOSAL/REQUEST: Committee Recommendations STAFF CONTACT(S): Mr. Monday BACKGROUND: AGENDA DATE: 08-16-2016 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Finance Committee Agenda ITEM NUMBER: 10(a) INFORMATION: INFORMATION: DISCUSSION: The Finance Committee will meet at 5:00 PM on Tuesday, August 16, 2016. Any recommendations from the Finance Committee will be presented to the full Board of Supervisors. (Agenda attached) Staff submits this to the Board of Supervisors for their review and consideration. P41 FINANCE COMMITTEE Pittsylvania County Board of Supervisors Tuesday, August 16, 2016 5:00 PM Main Conference Room County Administration Building 1 Center Street Chatham, Virginia AGENDA 1. Call to Order 5:00 pm 2. Roll Call 3. Approval of Agenda 4. New Business (a) Merchants Capital Tax (b) Employee Health Insurance (c) Quarterly Financial Report 5. Questions/Comments/Open Discussion 6. Adjournment P42 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Financial Report — 4'h Quarter 2016 (Year -End) SUBJECUPROPOSAUREOUEST: Presentation of 4'h Quarter Financial Report STAFF CONTACT(S): Monday, VanDerHyde n,v�.n�xvul�L: AGENDA DATE: 8-16-16 ACTION: Yes CONSENT AGENDA: ACTION: ITEM NUMBER: 10(b) INFORMATION: INFORMATION: ATTACHMENTS: Financial Report -0 Quarter 2016 (Year -End) Budget Supplements 2015-2016 Unappropriated Surplus 2015-2016 Attached is the Financial Report for Pittsylvania County for the 4th Quarter 2016. The Finance Director will be available to present this report and answer any questions you may have. RECOMMENDATION: Staff recommends the approval of the attached financial report. P43 General Fund Revenues Real Estate Revenues: At June 30, 2016, the County collected a total of 103.45% of Real Estate Revenues. This rate is slightly more than the amount collected at June 30, 2015 when the total collected at that time was 98.72% of budgeted Real Estate Revenues. Mobile Homes: At June 30, 2016, the County collected a total of 116.23% of Mobile Home Revenues. Compared with 1 year ago, the rate collected stood at 96.91%. Personal Property: At June 30, 2016, the County collected a total of 113.48% of Personal Property Revenues. The rate collected at this same time last year was 10 1. 11 %. Machinery & Tools: At June 30, 2016, the County collected a total of 106.37% of Machinery & Tools Revenues compared with 133.70% in 2015. These rates are most likely skewed because of the timing of payments to the Treasurer's Office Merchants Capital: At June 30, 2016, the County collected a total of 158.56% of Merchants Capital Revenues compared with 165.93% in 2015. Merchant's capital is difficult to budget since we rely on businesses in the County to report their inventory to us. These numbers have increased because of the efforts of the Business Compliance Officer to verify inventory totals. Public Service Corporations: At June 30, 2016, the County collected a total of 118% of Public Service Corps. Revenues compared with 107% in 2015. The rates listed above show how well the County did in budgeting revenue for the major tax categories for FY 2016. These percentages are based solely on a cash basis and will change for auditing purposes when shown on a modified accrual basis. Overall revenues exceeded budgeted revenues by $2,569,302.86. General Fund Expenditures General Fund Expenditures: Total General Fund expenditures at 6-30-16 totaled $68,056,366.98, which is 96.8% of the appropriated budget. A total of $2,216,470.76 remained unspent at year-end. The appropriated budget increased from the original budget by $9,005,200.74 (See attached appropriations). General Fund expenditures at 6-30-15 totaled $60,865,537.53, which was 98.4% of the appropriated budget. The appropriated budget increased by $2,850,148.70 during the same time frame last year (July 2014 — June 2015). Included with this report is a list of items appropriated by the Board of Supervisors during FY 2016 from Unappropriated Fund Balance. The original budget proposed to utilize $1,806,000. The Board appropriated an additional $6,382,078.63 from Unappropriated Fund Balance after the 2016 budget was approved. On a cash basis, actual expenditures exceeded actual revenues by $4,841,270.72. While on the surface this may appear negative, it is important to note that a total of $4,946,648.33 of unassigned fund balance was used to pay down debt last fiscal year. This coupled with other unanticipated expenditures that occurred throughout the year (See attached Unappropriated Surplus List) should have decreased the balance much further. With this being said, it does not appear that the original $1,806,000 was needed from fund balance to cover the original budgeted amount. P44 Enterprise Fund Landfill Revenues Solid Waste Household Fee: At June 30, the County collected a total of 56.62% of the Solid Waste Household Fee compared with 97.27% at the same time last year. The last billing for the Solid Waste Household Fee occurred on December 5, 2015. Solid Waste Fees: At June 30, the County collected a total of 96.90% of budgeted Solid Waste Fees. This collection rate is slightly down from last year when the rate was 81.31%. This revenue line item records the amount received by Pittsylvania County Landfill to receive trash into the landfill. These funds are received daily and landfill accounts are billed monthly. This amount can fluctuate based on the tons that are received and billed for the Pittsylvania County Landfill. Landfill Expenditures Landfill Expenditures: Landfill expenditures at year-end totaled $3,340,740.85, which is 86% of the appropriated budget. The appropriated budget increased from the original budget by $691,091.71. Landfill expenditures at 6-30-15 totaled $2,817,142.43, which was 81% of the appropriated budget. The appropriated budget increased by $686,871.35 during the same time frame last year (July 2014 — June 2015). Summary This report shows the conservative nature of our budgeting practices. We are in the process of collecting data to perform our annual audit. Robinson, Farmer, Cox and Associates will be at the County on September 26th to complete final fieldwork. 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M rpn 3Uaa Vl VI Vp] QN V1 w V Vpf w V N y3HU VJ Vl z ZQ¢r¢i�ai a UU�vuy�. �'Jw wWmwm {qOz wU "'p�O� �"'Z�� uwm�mwm W�W�� [CWu�F+ 58c4 W�ulwimim �a ��my m�m W�w�� S p C7 W ur WWj cG rX rk00 V C ce�w�a e CC mrG C�O W"W {WK {y F {W5 (Wr, yq'' W a 5 w 9 9 o� 4�00� �FQ3 P49 Unappropriated Surplus 100-3-000000-410.501 As of 6-30-16 Description Unappropriated Surplus to Balance 2016 Budget Date Approved Amount Animal Shelter Property 4/6/2015 1,806,000.00 Animal Shelter Property 7/6/2015 6,000.00 Animal Shelter Matters 8/18/2015 594,000.00 Paydown Principal on $20 Million School Notes 9/8/2015 39,800.00 2015 County Carryovers 9/8/2015 4,945,000.00 Animal Shelter Manager 9/8/2015 489,147.10 2015 School Carryovers 9/8/2015 68,127.09 2015 Capital Projects Carryovers 9/8/2015 1,184,156.49 Financial Advisory Services 9/8/2015 223,178.80 Compactor Site Changeorder and Paving Compactor Sites 10/5/2015 11/02 & 11/17/15 30,000.00 Landfill Repairs to 836G Caterpillar Compactor 230,766.74 Animal Shelter Architectural and Engineering Costs 4/4/2016 37,934.00 Local Share for Chatham Train Depot 2/16/2016 270,450.00 Local Share for CSA Pool Program 6/1/2015 30,000.00 6/21/2016 ]30,000.00 TOTAL UNAPPROPRIATED 10,084,560.22 Less Carryover Amounts: 2015 County Carryovers 2015 School Carryovers (489,147.10) 2015 Capital Projects Carryovers (1,184,156.49) (223,178.00) 2016 TOTAL UNAPPROPRIATED 8,188,078.63 P50 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Animal Shelter Bid Award 1 08-16-2016 SUBJECT/PROPOSAL/REQUEST: ACTION: Animal Shelter Project: Bids I Yes STAFF CONTACT(S). I CONSENT AGENDA: Mr. Monday; Mr. Hawker; Mr. Narron; Mr. Boswell; ACTION: and Ms. Gibson ATTACHMENTS: Bid Tabulation Sheet REVIEWED BY: ITEM NUMBER: 10(c) INFORMATION: INFORMATION: BACKGROUND: Bids for a County Animal Shelter were due on July 12, 2016. Four (4) bids were submitted, including prices for the base Scope of Work and alternate projects that could be selected by the Board. The Board of Supervisors received a Bid Tabulation Sheet at its meeting on July 19, 2016. Blair Construction was the apparent low bidder at a base cost of $3,149.00. Dominion 7 staff appeared before the Board on August 1, 2016 and made a presentation, including specific details of the base bid's Scope of Work, project alternates, and building schematic. DISCUSSION: The County has taken many steps, per the Board's direction, in order to ascertain a real project cost to replace the 30+ year old animal facility. $600,000 has been paid for a potential site, and $270,000 was appropriated for Architectural & Engineering work for design and specifications required to solicit bids. Bids were obtained by competitive sealed bidding, and Blair Construction is positioned to start construction, pending project approval and appropriation of funds by the Board. RECOMMENDATION: Staff recommends awarding the bid to Blair Construction for a base bid of $3,149,000 and for alternate (s) components as selected by the Board of Supervisors, and authorize the County Administrator to take such necessary steps for this purpose. P51 f»§§( § !§ » 4 r }\� 4 ! \ \\ # § !§ » 4 r 4 ! \ : ■ # # 46 ( ° § § # § !§ ! ! \ : ■ # # 46 ( co ) \ : ■ # # 46 # \!§2 {\ § )\ § \ \ \ \ co ) PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: The Community Foundation of the Dan River 08/01/16 10(d) Region Agreement / Fundraising for the proposed new County Animal Shelter ACTION: Yes Potential Execution of Animal Shelter Fundraising ATTACHMENT: Agreement 1: Agreement 2: Email with Board of Supervisors' STAFF CONTACT(S): questions and responses Mr. Monday; Mr. Hawker REVIEWED BY: BACKGROUND/DISCUSSION: At the July Pittsylvania County Board of Supervisors' (the `BOS") meeting, the BOS directed County Staff to work with partnering with the Community Foundation of the Dan River Region (the "Foundation") related to fundraising for the proposed new County Animal Shelter. Attached please find an Agreement negotiated between the County and the Foundation detailing the terms of said fundraising partnership, allowing for the receipt of and accounting for fundraising contributions to the Foundation by the public to benefit, now and in the future, the County's proposed new Animal Shelter. During discussions of the draft Agreement, the Board asked for additional information before further consideration. A question asked why there is a 5% administrative fee as compared to the standard 2%? Ms. Dodson replied that due to the amount of oversight and administration in our case, the additional fee is necessary. The other question pertained to the current balance in Fund A" is $39, 000. RECOMMENDATION: Staff recommends BOS approve execution of the attached Agreement. P53 Comm ` Foundation oftheDan River Region 541 Loyal Street, Danville, VA 24543 (434) 793-0884 www.efdrr.org THIS AGREEMENT, made this _____ day of , 2016, between Pittsylvania County ("the County"), and The Community Foundation of the Dan River Region, a Virginia community foundation ("Foundation"), provides as follows: WHEREAS, the County desires to partner with the Foundation to receive and account for fundraising contributions to benefit, now and in the future, the new Pittsylvania County Animal Shelter to be built on Route 29; and WHEREAS, the County wishes the contributions to be added to the existing Pittsylvania Animal Shelter Fund `B" ("Fund"), which is a pass-through fund within the Foundation; and WHEREAS, the Foundation desires to accept any donor's irrevocable gifts on the terms and conditions set forth below: I . Fund Description: The Pittsylvania County Animal Shelter Fund was previously established by an individual donor in December 2008 on the books of the Foundation. The Fund has an "A" endowed portion and a `B" pass-through portion. The "A" Fund is a designated endowed fund for the benefit of the Pittsylvania County Animal Shelter, to include the assistance with construction of new shelter. The `B" Fund is a pass-through fund for the same purpose, which the donor has agreed to be used for this fundraising purpose. If funds are not needed for construction of the new shelter to State requirements, the Funds may be accessed for improvements above State requirements at the time of new construction, as approved by County officials. The Funds may also be used for the future modifications to the shelter and grounds for improvements not funded by the County or other governmental or private agencies, as determined by County officials. The Funds may also be used for other purposes to promote animal care, shelter cleanliness, adoption of the maximum number of animals, and general operation of the shelter, where other funding is not available from government or other private sources, as determined by County officials. 2. Gift Payments: Gifts shall be made payable to "The Community Foundation" for the Pittsylvania Animal Shelter Fund. Gifis may be mailed to 541 Loyal Street, Danville, VA 24541 or made online at www.cfdrr.org 3. Fund Management: The Fund shall include the existing assets and any other property that any donor or any other source may later transfer to and be accepted by the Foundation. The Foundation shall invest the Fund appropriately, maintaining liquidity, considering that all of the principal may be distributed at any time for the charitable purpose ofthe Fund. P54 Pittsylvania County Animal Shelter Fundraising Fund Agreement Page Two 4. Charitable Purpose: The charitable purpose of the Fund is to provide assistance to Pittsylvania County with enhancements and possible expansions to the new Pittsylvania County Animal Shelter being constructed on Route 29. The new shelter will provide significant improvements for the care of unclaimed dogs and cats as well more visible and easier access for area citizens interested in adoption. 5. Project Term: If this charitable purpose is not achieved and completed within ten years from the date of this document, the Foundation, in its sole discretion, may award the Fund to another organization in keeping with the mission of this project. The Foundation has no responsibility for the nature of the design, construction, installation or maintenance; its mission being limited to receiving and disbursing funds as herein stated. 6. Foundation Property and Control: The Fund is to be a component fund of the Foundation subject to the Foundation's governing instruments and not a separate trust. Nothing in this agreement will affect the status of the Foundation as an organization described in Section 50 1 (c)(3) of the Internal Revenue Code of 1986, as amended, and as an organization that is not a private foundation within the meaning of Section 509(a) of the Code. 7. Advisors: Advisors to the Fund shall include up to three representatives named by Pittsylvania County. The advisors can recommend distributions from the Fund, in writing, to the Foundation. No advisor or other person can receive any tangible benefit or privilege. No distributions shall be used to discharge or satisfy a legally enforceable obligation of any person. 8. Grant Distributions: All grant distributions from the Fund shall be payable to Pittsylvania County and shall be subject to final approval by the Foundation. Pittsylvania County will provide information, as requested by the Foundation, to support the use of the Fund for the charitable purpose. Failure to provide reasonable information in a timely manner may delay or prohibit distributions. 9. Fundraising: The Fund may not be used to host special events, such as golf tournaments, dinners, raffles, or other such fundraisers. However, the Foundation encourages gifts to the Fund from the net proceeds of such events or directly from other donors who have not received dinners, tickets or other benefits or services. 10. Additions to the Fund shall be available for disbursement no earlier than 30 days from the date of the deposit. 11. Administrative Fee: The Foundation shall charge an administrative fee according to the Special Project Fund Fee Schedule, attached hereto and received by the County. Any interest earned on the account shall accrue to the Foundation. 12. Foundation Oversight: It is understood and agreed that the Fund therein shall be administered by the Foundation, subject to its Articles of Incorporation, Schedule of Fees, and By -Laws, as amended from time to time. The Board of Directors of the Foundation shall have the power to modify any restriction or condition on the distribution of funds for any specified charitable purposes or to a specified organization, if in the solejudgment of the Board, such restriction or condition becomes, in effect, unnecessary, incapable of fulfillment, or inconsistent with the charitable needs of the community served. P55 Pittsylvania County Animal Shelter Fundraising Fund Agreement Page Three NOW, THEREFORE, in consideration of the mutual covenants herein, the County agrees partner with the Foundation to receive and account for fundraising contributions to benefit, now and in the future, the new Pittsylvania County Animal Shelter to be built on Route 29. M Clarence Monday, Administrator, Pitisylvania County Date APPROVVEED/AS TO FORM 'Y' Y VADEN HUNT, ESO. ATTORNEY, PIT15YLVANIA COUNTY Gratefully accepted for The Community Foundation of the Dan River Region La Debra L. Dodson, Executive Director P56 Date -0 Co..ty lomdadon ofthe Dan River Region 541 Loyal Street, Danville, VA 24543 (434) 793-0884 www.cfdrr.org Special Prefect Fund Fee Schedule The Community Foundation of the Dan River Region shall administer Special Project Funds by approval of the Board of Directors or its President only. The Foundation is pleased to provide this Special Project Fund service to facilitate community philanthropy. However, the Foundation is a charitable organization itself and is financially supported through numerous sources, none of which is for the costs associated with processing Special Project Funds. Therefore, each Special Project Fund must pay its own expenses, including the time of the Foundation staff. Basic Fund Administrative includes: . Gift processing—Acknowledgement in writing of gifts of $250 or more per IRS requirements, tracking all additions to the Fund for historical purposes and banking transactions. Acknowledgement of gifts less than $250 is negotiable. . One statement per quarter on the Fund's status, summarizing beginning balance, all additional gifts, any disbursements or fees, and ending balance. . Grants for the Charitable Purpose available at least once per quarter. Requests for grant funds should be submitted to the Foundation office with full documentation by the 1" of March, June, September, December. Administrative fees shall be calculated and collected by the Foundation from the Fund, as follows: . A 5% fee will be deducted upon receipt of each gift. . All income on accounts will be accrued by the Foundation. . All actual expenses (postage, unusual bank charges, etc.) will be passed along to the Fund. Received and agreed to by: Clarence Monday, Administrator Date Pittsylvania County APPROVED AS TO FORM --IV b TV—ADEN HUNT, ESQ. ATTORNEY. PIT TSYLVAWIA COUNTY P57 Clarence Moncla From: J. Vaden Hunt, Esq. Sent: Tuesday, August 02, 2016 1:41 PM To: Pittsylvania County Board of Supervisors Cc: Clarence Monday; Otis Hawker; Mark Narron Subject: Dan River Community Foundation Animal Shelter Fundraising Agreement Questions Update Honorable Pittsylvania County Board of Supervisors ("BOS") Today, I have spoken twice with Debra Dodson ("Dodson"), Executive Director of the Community Foundation of the Dan River Region (the "Foundation), about the Animal Shelter Fundraising Agreement (the "Agreement"). Below please find the answers to the 2 questions raised by the BOS at last night's Finance Committee Meeting related thereto: (1) _How much is currently in Fund "A?"• Per Dodson, Fund "A" currently has approximately $39,000 in it. Fund "A" is an endowed fund to be used to continue to support animals in our region in perpetuity. Fund "A" is designed to annually pay out between a 3 - 4% (of a 5 year quarterly earnings average), (note: sometimes the earnings are such that it has to be paid with a little principal). Last year, Fund "A" paid out $1,100.00 in a grant to the County that enabled us to purchased new dog cages. Again per Dodson, all new funds donated under this Agreement will be placed in Fund "B," unless specifically requested by the donor to be placed in Fund "A." Split donations to Fund "A" and Fund "B" will also be allowed, with said split being determined by the donor. (2) Why does the Agreement contain a 5% fee instead of the Foundation's typical 2% fees Per Dodson, the Foundation used a 5% fee in the Agreement instead of its typical 2% fee, because it anticipates extra/more than usual project management and administration being required in this matter. The typical 2% fee is used when the Foundation just receives a donation and then immediately sends the donation back out to a worthy cause. In said arrangement, there is virtually no project management or administration. In the present Animal Shelter Fundraising situation, again per Dodson, the Foundation believes it will be required to work closely with the County to provide fundraising assistance, counsel, administration, and expertise. Hence, the higher 5% fee is warranted. Please contact me if you have any questions about anything contained herein. Thanks and have a great day. J. Vaden Hunt, Esq. Pittsylvania County Attorney Pittsylvania County Attorney's Office PITTSYLVANIA COUNTY VIRGINIA Tel. (434) 432-7720 Mobile. Fax. (434) 432-1778 vaden.hunt@pittgov.org www.pittsylvaniacountyva.gov /county_attorney.htm VSS #: 65574 Center Street P.O. Box 426 Chatham, Virginia 24531 THIS EMAIL AND ANYATTACHMENTS HERETO ARE CONFIDENTIAL AND NOT FOR REDISTRIBUTION. THIS EMAIL AND ANYATTACHMENTS MAY NOT BE RELEASED UNDER THE VIRGINIA FREEDOM OF INFORMATION ACT WITHOUT PRIOR APPROVAL. This email and any attachments may contain confidentia/personnel matters and/or protected legal information, communications protected by attomey/client privilege, items or information protected by the attorney work product doctrine, information related to pending litigation or prepared in anticipation of litigation, and/or confidential settlement negotiations. The receipt of such information or items by any unauthorized person does not constitute a waiver of those privileges. If you have received this email or any attachments in error, please notify the sender immediately at (434) 432-7720, and by reply email, and delete this email and any attachments to it from your in -box, sent items, and deleted items. Thank you. P58 Clarence Monday From: J. Vaden Hunt, Esq. Sent: Tuesday, August 02, 2016 1:41 PM To: Pittsylvania County Board of Supervisors Cc: Clarence Monday; Otis Hawker; Mark Narron Subject: Dan River Community Foundation Animal Shelter Fundraising Agreement Questions Update Honorable Pittsylvania County Board of Supervisors ("BOS"): Today, I have spoken twice with Debra Dodson ("Dodson"), Executive Director of the Community Foundation of the Dan River Region (the "Foundation), about the Animal Shelter Fundraising Agreement (the "Agreement"). Below please find the answers to the 2 questions raised by the BOS at last night's Finance Committee Meeting related thereto: (1) How much is currently in Fund "A?": Per Dodson, Fund "A" currently has approximately $39,000 in it. Fund "A" is an endowed fund to be used to continue to support animals in our region in perpetuity. Fund "A" is designed to annually pay out between a 3 - 4% (of a 5 year quarterly earnings average); (note: sometimes the earnings are such that it has to be paid with a little principal). Last year, Fund "A" paid out $1,100.00 in a grant to the County that enabled us to purchased new dog cages. Again per Dodson, all new funds donated under this Agreement will be placed in Fund "B," unless specifically requested by the donor to be placed in Fund "A." Split donations to Fund "A" and Fund "B" will also be allowed, with said split being determined by the donor. (2) Why does the Agreement contain a 5% fee instead of the Foundation's typical 2% fee?: Per Dodson, the Foundation used a 5% fee in the Agreement instead of its typical 2% fee, because it anticipates extra/more than usual project management and administration being required in this matter. The typical 2% fee is used when the Foundation just receives a donation and then immediately sends the donation back out to a worthy cause. In said arrangement, there is virtually no project management or administration. In the present Animal Shelter Fundraising situation, again per Dodson, the Foundation believes it will be required to work closely with the County to provide fundraising assistance, counsel, administration, and expertise. Hence, the higher 5% fee is warranted. Please contact me if you have any questions about anything contained herein. Thanks and have a great day. J. Vaden Hunt, Esq. Pittsylvania County Attorney Pittsylvania County Attorney's Office PITTSVLVANIA COI)NTV VIRGINIA Tel. (434) 432-7720 Mobile. Fax. (434) 432-1778 vaden.hunt@pittgov.org www.pittsylvaniacountyva.gov fcounty_attorney.htm VSB #: 65574 I Center Street P.O. Box 426 Chatham, Virginia 24531 THIS EMAIL AND ANY ATTACHMENTS HERETO ARE CONFIDENTIAL AND NOT FOR REDISTRIBUTION. THIS EMAIL AND ANY ATTACHMENTS MAY NOT BE RELEASED UNDER THE VIRGINIA FREEDOM OF INFORMATION ACT WITHOUT PRIOR APPROVAL. This email and any attachments may contain confidential personnel matters and/or protected legal information, communications protected by attomey/client privilege, items or information protected by the attorney work product doctrine, information related to pending litigation or prepared in anticipation of litigation, and/or confidential settlement negotiations. The receipt of such information or items by any unauthorized person does not constitute a waiver of those privileges. If you have received this email or any attachments in error, please notify the sender immediately at (434) 432-7720, and by reply email, and delete this email and any attachments to it from your in -box, sent items, and deleted items. Thank you. - P59 Rebecca Flippen To: Clarence Monday Subject: RE: Dan River Community Foundation Animal Shelter Fundraising Agreement Questions Update From: J. Vaden Hunt, Esq. Sent: Tuesday, August 02, 2016 1:41 PM To: Pittsylvania County Board of Supervisors Cc: Clarence Monday; Otis Hawker; Mark Narron Subject: Dan River Community Foundation Animal Shelter Fundraising Agreement Questions Update Honorable Pittsylvania County Board of Supervisors ("BOS"): Today, I have spoken twice with Debra Dodson ("Dodson"), Executive Director of the Community Foundation of the Dan River Region (the "Foundation), about the Animal Shelter Fundraising Agreement (the "Agreement"). Below please find the answers to the 2 questions raised by the BOS at last night's Finance Committee Meeting related thereto: (1) How much is currently in Fund "A?": Per Dodson, Fund "A" currently has approximately $39,000 in it. Fund "A" is an endowed fund to be used to continue to support animals in our region in perpetuity. Fund "A" is designed to annually pay out between a 3 - 4% (of a 5 year quarterly earnings average), (note: sometimes the earnings are such that it has to be paid with a little principal). Last year, Fund "A" paid out $1,100.00 in a grant to the County that enabled us to purchased new dog cages. Again per Dodson, all new funds donated under this Agreement will be placed in Fund "B," unless specifically requested by the donor to be placed in Fund "A." Split donations to Fund "A" and Fund "B" will also be allowed, with said split being determined by the donor. (2) Why does the Agreement contain a 5% fee instead of the Foundation's typical 2% fee?: Per Dodson, the Foundation used a 5% fee in the Agreement instead of its typical 2% fee, because it anticipates extra/more than usual project management and administration being required in this matter. The typical 2% fee is used when the Foundation just receives a donation and then immediately sends the donation back out to a worthy cause. In said arrangement, there is virtually no project management or administration. In the present Animal Shelter Fundraising situation, again per Dodson, the Foundation believes it will be required to work closely with the County to provide fundraising assistance, counsel, administration, and expertise. Hence, the higher 5% fee is warranted. Please contact me if you have any questions about anything contained herein. Thanks and have a great day. J. Vadea Hunt, Esq, Pittsylvania County Attorney Pittsylvania County Attorney's Office PffTSYLVAN, fA COUNTY VIRGINIA TeL (434) 432-7720 Mobile. Fax. (434) 432-1779 vaden.hurit@pittgov.org www.pittsylvaniacaulltyva.gov /county_attorney.htm VSB #: 65574 1 Center Street P.O. Box 426 Chatham, Vr rginia 2.4531 THIS EMAIL AND ANY ATTACHMENTS HERETO ARE CONFIDENTIAL AND NOT FOR REDISTRIBUTION. THIS EMAIL AND ANY ATTACHMENTS MAY NOT BE RELEASED UNDER THE VIRGINIA FREEDOM OF INFORMATION ACT WITHOUT PRIOR APPROVAL. This email and any attachments may contain confidential personnel matters and/or protected legal information, communications protected by attomey/client privilege, items or information protected by the attorney work product doctrine, information related to pending litigation or prepared in anticipation of litigation, andior confidential settlement negotiations. The receipt of such information or items by any unauthorized person does not constitute a waiver of those privileges. If you have received this email or any P60 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Animal Shelter Construction Appropriation 1 08-16-2016 SUBJECT/PROPOSAL/REQUEST: Appropriate funds to build a new animal shelter STAFF CONTACT(S): Mr. Monday ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Bid Tabulation Sheet REVIEWED BY: ITEM NUMBER: 10(e) INFORMATION: INFORMATION: BACKGROUND: Following a decision by the Board of Supervisors to award the Construction Bid, funds need to be appropriated for such purpose. The Base Bid is $3,149,000 and (5) alternates are included for the Board's consideration. The staff recommends at a minimum, opting for Alternate #5 (acoustical panels) for $11,000. Alternates 1-4 are optional. Alternate #1 could be considered competitive with local veterinary offices. Alternates 2 & 4 could be good opportunities for supplemental fundraising efforts to offset County costs. Alternate #3, chosen at this time, would ensure that brick type and color are consistent on the entire building, in contrast to doing that additional work into the out years. RECOMMENDATION: Staff recommends appropriating $3,149,000, plus selected alternates from the Capital Improvements Fund (3 10 Funds); authorize the expenditure from the 310 Funds. If the Board choses to proceed with this recommendation, it will be added to the public hearing notice of the FY2017 Budget Amendments on September 6, 2016. P61 H v ¢ O N `u eN�e f N N y > K C aN pINN O Z Z V L 2 X y^ L 1 LL Jas U d Y } Q � DR M 2 Z - p # O Qa > > T N .n O r O a V Z O o F p c4J p aG c 0 m` U w _a pC p 00 p OS S W OO d b O O ri R � W b r 0 S z p II G 4 O O O r i is w o w p V C U II 4 `y r J p 8 $$ S r; 8 V 0 o p a ra r ra i ra Ya ra r ¢ a a Z O D D p D D D p p a a ¢ a a a a a > a o V ZU�< OD 2 M `a iNro 2F O u N o a ai�W za i o � o m mg o m_�zs P62 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Request for Public Hearing -Amendments to Pittsylvania County FY 2017 Budget AGENDA DATE: 8-16-16 ACTION: Yes CONSENT AGENDA: ACTION: ITEM NUMBER: 10(fl INFORMATION: INFORMATION: Public Hearing to hear citizen input on amendments to the 2017 budget. This public hearing is necessary ATTACHMENTS: because amendments to the 2017 budget exceeded 1% Public Hearing Advertisement of the fiscal budget Carryover Request List g Pittsylvania County School Board Carryover Request STAFF CONTACT(S): REVIEWED BY: The Code of Virginia states in Section 15.2-2507 that "Any locality may amend its budget to adjust the aggregate amount to be appropriated during the current fiscal year as shown in the currently adopted budget as prescribed by section 15.2-2504. However, any such amendment which exceeds one percent of the total expenditures shown in the currently adopted budget must be accomplished by publishing a notice of a meeting and a public hearing once in a newspaper having general circulation in that locality at least seven days prior to the meeting date." DISCUSSION: Budget amendments for 2016-2017 exceed the 1% threshold covered under Section 15.2-2507 of the Code of Virginia, 1950 as amended. Therefore, a public needs to be set for the Board of Supervisors' regular meeting, September 6, 2016. An advertisement of this amendment will run in the Star Tribune on August 24, 2016, which will satisfy the 7 day requirement. Attached is a list of carryovers along with the School Board's carryover request, which will be included in the public hearing. RECOMMENDATIONS: Staff recommends that a public hearing be set for the regular meeting of the Board of Supervisors, September 6, 2016 to hear citizen input on budget amendments to the FY 2017 budget. P63 P64 � O Q b � n ^ nm'1. 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E ¢ a�i .'°. au uxvi au o S W 0 0 o Om n q W m vmi n o a .ni o o m m o E y vi K W 0 C F C N Y �Gh Q m E G ¢ n 2 u o F O O Q NW y 0 v y K N 2 K N E a F N_ y Eo C I F 0 P67 NOTICE OF PUBLIC HEARING Pursuant to Virginia Code §15.2-2507, the Board of Supervisors of Pittsylvania County will hold a public hearing in the General District Courtroom in the Edwin R. Shields Courthouse Addition in Chatham, Virginia on Tuesday, September 6, 2016 at 7:00 p.m. to hear citizen input on proposed amendments to the county budget for fiscal year 2017. A complete copy of the proposed amendments to the county budget is available for public examination at the County Administrator's Office, 1 Center Street, Chatham, Virginia, Monday through Friday, 8:00 a.m. to 5:00 p.m. and on the County's website at www.uittsylvaniacountvva gov. EXPENDITURES Current Budgeted Expenditures $ 175,800,032.00 School Operating Budget 2,956,004.88 County Operating Budget 1.298.917.00 Proposed Amended Expenditures $ 180,054,953.88 P68 Proposed Budget Amendments 2016-2017 REVENUES Current Budgeted Revenues $ 175,800,032.00 School Carryovers 2,956,004.88 County Carryovers 1,298.917.00 Proposed Amended Revenues $180,054,953.88 EXPENDITURES Current Budgeted Expenditures $ 175,800,032.00 School Operating Budget 2,956,004.88 County Operating Budget 1.298.917.00 Proposed Amended Expenditures $ 180,054,953.88 P68 REPORTS FROM 1 MEMBERS P69 REPORTS FROM LEGAL COUNSEL P70 REPORTS FROM COUNTY ADMINISTRATOR P71 CLOSED SESSION P72 ADJOURNMENT P73