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09-21-2010 Adjourned Meeting
~~61~ <<~1~~` BOARD PACKET BOARD OF SUPERVISORS ADJOURNED MEETING SEPTBEMBER 21, 2010 L I~ ti-, 1767 G I ~~ PITTSYLVANIA COUNTY BOARD OF SUPERVISORS ADJOURNED MEETING TUESDAY, SEPTEMBER 21, 2010 GENERAL DISTRICT COURTROOM EDWIN R. SHIELDS COURTHOUSE ADDITION AGENDA Call to Order - 7:00 p.m. 2. Roll Call 3. Invocation 4. Pledge of Allegiance 5. Items to be Added to the Agenda (a) Appointments -Building Code Board of Appeals -All Districts -Page 1 Banister District Callands/Gretna District Chatharn/Blairs District Dan River District Staunton River District Tunstall District Westover District (b) Bid Award -Furniture & Equipment Chatham Train Depot -Pages 2-4 (c) Observance of Halloween -Page S (d) Proposed Amendment Changes to Chapter 35, Zoning, of the Pittsylvania County Code -Pages 6-11 (e) Closed Meeting -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 interesting in locating or expanding its facilities in the community. Authority: §2.2-3711(A)(5) of the Code of Virginia, 1950, as amended. Subject Matter: Industries: 12010-06-16 12010-08-20 12010-08-21 12010-08-24 Purpose: Discussion of industrial prospect Page 12 6. Approval of Agenda 7. Hearing of Citizens 8. Consent Agenda: (a) Out of State Travel -Page 13 (b) Regional One -October -Page 14 (c) Proclamation -National Fire Prevention Week -Pages 15-16 (d) "No Litter Signs" on Rockford School Road and Dewberry Road -Pages 17-19 (e) Sheriff s Carryovers (Requires 10-Day Layover) -Pages 20-24 (f) Engine Replacement (10-Day Layover from 09-07--2010 meeting) This Requires a Roll Call Vote -Pages 25-29 (g) Expenditure Refunds (Requires 10 Day Layover) -Pages 30-31 Public Hearings Rezoning Cases• Case 1: Donnie B. Richardson & Marshah W. Richardson-Tunstall District; R-10-033 R-1, Residential Suburban Subdivision District to A-1, Agricultural District Case 2: Atkinsons, LLC - Chatham/Blairs District; R-10-034 MHP, Residential Manufactured Housing Park District & R-1, Residential Suburban Subdivision District to B-2, Business District, General Case 3: Rachel L. Hartman -Dan River District; R-10-035 B-2, Business District, General to RC-1, Residential Combined Subdivision District Case 4: W. T. Gatewood, Jr. -Westover District; R-10-036 R-1, Residential Suburban Subdivision District to A-1, Agricultural District Case 5: James A. Mahan -Tunstall District; R-10-037 R-1, Residential Suburban Subdivision District portion to A-1, Agricultural District Case 6: Kenneth D. Hawkins & Teresa E. Hawkins -Westover District; R-10-038 R-1, Residential Suburban Subdivision District portion to A-1, Agricultural District Case 7: Benton L. Giles - Tunstall District; R-10-039 M-1, Industrial District, Light Industry to A-1, Agricultural District Case 8: Kyle O. Garner & Sherri S. Garner -Banister District; R-10-040 R-1, Residential Suburban Subdivision District to A-1, Agricultural District Case 4: Lester A. Strode -Westover District (Continued from August Cycle); R-10-032 R-1, Residential Suburban Subdivision District to B-2, Business District, General Public Hearings 9. Proposal to Move Swansonville Voting Precinct from Katies, Inc. Store to the Swansonville Pentecostal Holiness Church Fellowship Hall (Adjourned from September 7, 2010 Meeting) -Pages 32-38 10. Proposal to Amend Chapter 23 of the Pittsylvania County Code, Flood Plain Management (Adjourned from September 7, 2010 Meeting) -Pages 39-83 11. Proposed Enterprise Zone Application to the Virginia Department of Housing & Community Development -Pages 84-93 12. Lease of County Property by Mid Atlantic Broadband, anon-profit corporation that is receiving a proposed assignment of lease from the Gretna MSAP facility from Future of the Piedmont -Pages 94-110 13. Proposed amendment the Pittsylvania County Code; Chapter 12 -Moral Decency and Community Standards -Pages 111-123 New Business 14. Recreation Funding Requests- Pages 124-126 (a) George Henderson; Pittsylvania County Youth Sports League (b) Recreation Advisory Board - 15. Funding Request -Gretna Middle & High School Band Boosters; (Speaker-Phillip Lantrip) -Pages 127-129 16. North Chatham Booster Station -Reynolds-Clark Engineering Contract- Pages 130-135 17. Bid Award -Moses Building Repairs -Pages 136-138 18. Recommendations from Property & Building Committee -Page 139 (Any recommendations from committee will be added to the Board's Agenda) Reports from Board Members Reports from Leal Counsel Reports from County Administrator 19. Resolution of Support of Constitutional Officers -Pages 140-145 Closed Session Adjournment TO BE ADDED PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Appointments-Pittsylvania County Building Code Board of Appeals AGENDA DATE: 09-21-10 ITEM NUMBER: 5(a) SUBJECT/PROPOSAL/REQUEST: Board Appointments STAFF CONTACT(S): William D. Sleeper ACTION: CONSENT AGENDA: ACTION: Yes ATTACHMENTS: Yes INFORMATION: INFORMATION: BACKGROUND: The Pittsylvania County Board of Supervisors made appointments to the Building Code Board of Appeals to serve four (4) year terms per appointment. DISCUSSION: The following Build Code Board of Appeals members' terms will expire on 09-30-2010: Mr. Stever Finkner-Chatham-Blairs District Mr. James Chaney-Callands-Gretna District Mr. Cecil Crews-Banister District Mr. Neal Crane (Deceased)-Westover District Mr. Donald Sparks-Dan River District Mr. Bobby Inman-Tunstall District Mr. T.O. Roberts-Staunton River District Mr. Jay Craddock, P.E, 8392 Deer View Road, Gretna, VA has been nominated to serve as the Staunton River District representative. Appointment terms will be for four (4) years, beginning 10-01-2010 and ending 09-30-2014. RECOMMENDATION: Staff submits this to the Board of Supervisors for their review, consideration and nominmations for appointments/re-appointments. P1 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 9/21/10 ITEM NUMBER: 5 (b) Bid Award -Furniture & Equipment Chatham Train Depot ACTION: Yes INFORMATION: SUBJECT/PROPOSAL/REQUEST: Bid Award CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Mr. Sleeper, Mrs. Meeks ATTACHMENTS: Yes BACKGROUND: An invitation to bid on furniture & equipment for the newly renovated Chatham Train Depot was mailed to six vendors on August 27, 2010. The invitation to bid was also advertised in the newspaper, posted on the County's website and public notice board. DISCUSSION: Bids were received and publicly opened on Friday, September 17, 2010, at 11:00 a.m. Two responses were received, one from Barrows Office Furniture and one from Rock on Wood. Neither vendor bid on all items. Funding for the furniture and equipment is available in the Grants Fund -Line Item # line item #250-4.094205.8212 -Chatham Train Depot Restoration. RECOMMENDATION: Since the County reserved the right to award to more than one vendor, the staff recommends that the Board of Supervisors award the bid as follow: $5,583.85 to Barrows Office Furniture (per attached List) and $36,950 to Rock on Wood (per attached list) for a total award of $42,533.85. P2 H N ~ Q Z 3 Q a 1~- O N ~ m tL Q W ~ 0 a v ~ m ~ O Z U Z CWC ~ G d' O d LL v ~ O Q ~ Z o~ ~ ~ Y } ~ Q Z ~ OC m a J Q O ~t ~ N [t o ~ ~ ~ Op M N V'1 ~ ~ ~ c-I e-i i--I M ~ 0 0 00 lD .-i ~ D m w ~ ~ ~t/~ to v1 ~ X w w U M ~ M M ~ 'fit M M ~ d ~ ~ M N ~ ^ - . -i ~ N lD Z ~ y/1 V} L/? i!} ° ° o , o 0 0 0 ~ X11 I~ O O lD I~ M 01 ~!1 I~ t!') N N N t/T i/? t/? V? VT O O O O O 00 Q1 e-i N O N o0 I~ O i11 00 00 M Q1 N M N N N ci iJ? t/? t/? y/} ~ _ ~' Q s u v ~-i t u v N ~ ~ 4J ~ ~ ~ ~ `~ t u N N t u C~J N s u ~ ~ ~ u N .-i U C d a Z N LL ~ ` ~ U ~ •3 ~ y `~ v m ~ O v coo ~ O a~ ~ ~ O ~ a v ~ m M u `- ~ of 3 ~ 7 U ~ U O U O O }' ~ U U w ~ O ~ N N QJ 't- LL vOi ~ ~ i f0 m ~ to (O U ~n lp U t if fD U ~ ~ = fn C U N H OC L pQ LL H (p ~ f9 Q (6 ~ lJ Y CO GJ 7 . ~ L O Q Z W ~ _U ~ O 3 o L Q > Y ° c f4 O 3 ° U Q ai - C ro O [a ~ ~ Q u co v N N c~ E O 7 U GJ co u Y O 0 m "d N ~_ N N P3 O O 1A O O o0 m C M ~ 111 M I~ Q1 111 Vl 10 N .--I M ~ t!~ N V1 a O H N ~-. .~ ra C7 O O M n c-I V? L U fD Q! ~--1 ~ ~ v o 0 0 3 o }' +~ Q O C ~ C1 Y E a, o o. ~ cc .~ ~ ~ `~ ~ oZS ~ o f- GJ U L 7 C L LL ~ ~ a~+ i~+ O O ~ O ~ U C 'O '~ O ~. O F- C t N O +-+ N Y f6 pp V L (C O U a oC Q H O O Z Q C7 P4 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Halloween Celebration AGENDA DATE: 09-21-10 ITEM NUMBER: 5(c) SUBJECT/PROPOSAL/REOUEST: Setting a date for Halloween STAFF CONTACT(S): William D. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: No INFORMATION: INFORMATION: BACKGROUND: Halloween will occur on Sunday, October 31, 2010. As it is a Sunday night, the Board of Supervisors may consider changing the celebration date. DISCUSSION: The Sheriff s Department of Pittsylvania County and the Police Department of the City of Danville will hold their "Trunk or Treat" celebrations on Saturday, October 30, 2010. It may be beneficial for the Board of Suepervisors to designate that Halloween should be celebrated on Saturday night, October 30, 2010 rather than Sunday. RECOMMENDATION: Staff submits this to the Board of Supervisors for their review and consideration. P5 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Set Public Hearing-Proposed Amendments to Chapter 09-21-10 35-Zoning, of the Pittsylvania County Code; ACTION: Yes ITEM NUMBER: 5(d) INFORMATION: SUBJECT/PROPOSAL/REQUEST: Set Public Hearing CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): William D. Sleeper ATTACHMENTS: Yes BACKGROUND: The Pittsylvania County Planning Commission held an advertised public hearing on Tuesday, September 9, 2010, regarding proposed amendments to the Pittsylvania County Zoning Ordinance, Chapter 35. After closing the public hearing the Pittsylvania County Planning Commission voted unanimously to recommend these changes to the Pittsylvania County Board of Supervisors. DISCUSSION: The Planning Commission's proposed amendments to the Pittsylvania County Zoning Ordinance, Chapter 35-Zoning for the addtition of Non-Emergency Medical Transport under Division 1. Agriculture District (A- a0, Section 35-179. Special Use Permits, Division 2. Residiental Estates District (RE), Section 35-193. Special Use Permits Division 3. Residential Suburban Subdivision (R-1), Sec. 35-223, Special Use Permits, Division 5. Residential Combined Subdivision District (RC-1), Section 35-268. Special Use Permits, Division 6. Residential Mutli-Family District (RMF), Section 35-281. Special Use Permits, Division 7. Residential Planned Unit Development District (RPD), Section 35-295. Special Use Permits, Division 8. Residential Manufactured Housing Park District (MHP), Section 35-318. Special Use Permits, and for the addition of Non-Emergency Medial Transport under Division 9. Business District, Limited (B-1), Section 35- 346. Permitted Uses, Division 10. Business District, General (B-2), Section 35-365, Permitted Uses, Division 11. Industrial District (M-1); Light Industry, Section 35-383, Permitted Uses, Division 12. Industrial District (M-2); Heavy Industry, Section 35-402. Permitted Uses, and Division 13, Conservation District (C-1), Section 35-530. Permitted Uses, and for the addition of Internet Sweepstakes Cafes under Division 9. Business District Limited (B-1), Section 35-347. Special Use Permits, and Division 10. Business District General (B-2), Section 35-366. Special Use Permits. RECOMMENDATION: Staff recommends the Board of Supervisors advertise for a public hearing for citizen input concerning these proposed changes to be held on Monday, October 4, 2010. P6 PITTSYLVANIA COUNTY Department of Code Compliance P.O. Drawer D Chatham, Virginia 24531 Odie H. Shelton, Jr., Director TO: William D. Sleeper, FROM: Odie eon, Jr., DATE: September 10, 2010 VIRGINIA ~\ i * ~ ~ - * * ~ \ L iis~ ~ / Phone Numbers: Inspections (434) 432-7755 Zoning (434) 432-7751 Fag (434) 432-7919 Gretna/Hurt (434) 656-6211 MEMORANDUM County Administrator Director of Code Compliance SUBJECT: Amendments to the Zoning Ordinance The Pittsylvania County Planning Commission held a Public Hearing on Tuesday, September 9, 2010, regarding the proposed amendments to the Pittsylvania County Zoning Ordinance, Chapter 3 S-Zoning for the addition ofNon-Emergency Medical Transport under Division 1. AgLicultural District (A-1), Section 35-179. Special Use Permits, Division 2. Residential Estates District (RE), Section 35-193. Special Use Permits, Division 3. Residential Suburban Subdivision District (R-1), Sec. 35-223. Special Use Permits, Division S. Residential Combined Subdivision District (RC-1), Section 35-268. Special Use Permits, Division 6. Residential Multi-Family District ~RMF), Section 35-281. Special Use Permits, Division 7. Residential Planned Unit Development District (RPD), Section 3S-29S. Special Use Permits, Division 8. Residential Manufactured Housing Pazk District (MHP), Section 35-318. Special Use Permits, and for the addition of Non-Emergenc~Medical Transport under Division 9. Business District, Limited (B-1~ Section 35:346. Permitted Uses, Division 10. Business District, General (B-2), Section 3S-36S. Permitted Uses, Division 11. Industrial District (M-1); Light Industry, Section 3.5383. Permitted Uses, Division 12. Industrial District ~M-21: Heave Industry, Section 35-~02. Permitted Uses, and Division 13. Conservation District (C-1), Section 3S-S30. Permitted Uses, and for the addition of Internet Sweepstakes Cafes under Division 9. Business District Limited (B-1), Section 35-347. Special Use Permits, and Division 10. Business District General ~B-2), Section 35-366. Special Use Permits. P7 Mr. William D. Sleeper September 10, 2010 Page 2 These amendments were advertised in the Star Tribune on Wednesday, August 25 and Wednesday, September 1, 2010. The Planning Commission unanimously recommended to the Board of Supervisors the proposed changes to the ordinance as submitted to them. Please see attached. Should you have any questions regarding this matter, please feel free to contact me at any time. OHS, Jr. /khb Attachments c: Morns Stowe, Planning Commission Chairman P8 PUBLIC HEARING NOTICE PITTSYLVANIA COUNTY The Pittsylvania County Planning Commission will hold a public hearing on Thursday, September 9, 2010, to receive citizen input and make a recommendation to the Board of Supervisors to amend the Pitts,, l~ania Countv Zoning Ordinance. Chanter 35- Zoning for the addition of Non- Emergencv Medical Transport under Division 1. Agricultural District (A-Il Section 35-179. Special Use Permits. Division 2. Residential Estates District (REI, Section 35-193. Special Use Permits, Division 3. Residential Suburban Subdivision District (R-1), Sec. 35-223. Special Use Permits. Division 5. Residential Combined Subdivision District (RC-11, Section 35- 268. Special Use Permits, Division 6. Residential Multi-Family District (RMF), Section 35-281. Special Use Permits. Division 7. Residential Planned Unit Development District (RPDI. Section 35-295. Special Use Permits, Division 8. Residential Manufactured Housing Park DisMct (MHPI, Section 35-318. Special Use Permits, and for the addition of Non-Emer ency Medical Transport under Division 9. Business District. Limited (B-11, Section 35-346. Permitted Uses, Division 10. Business District. General (B-2), Section 35.365. Permitted Uses. Division 11. Industrial District (M-1): Light Industry. Section 35.383. Permitted Uses, Division 12. Industrial District (M-2); Heaw Industry, Section 35-402. Permitted Uses. and Division 13. Conservation District. (C-1), Section 35-530. Permitted Uses, and for the addition of Internet Sweepstakes Cafes under Division 9. Business District Limited (B-1), Section 35-347. Special Use Permits, and Division 10. Business District General (B-2), Section 35-366. Special Use Permits. The meeting will be at 7:00 p.m. in the General District Courtroom, second floor, of the Edwin R. Shields Courthouse Addition in Chatham, Virginia. A copy of the proposed changes will be available for review in the Office of the County Administrator, 21 North Main Street, Chatham, Virginia, and the Office of Code Compliance, 53 North Main Street, Chatham, Virginia, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. P9 VIRGINIA ACTS OF ASSEMBLY -- 2010 RECONVENED SESSION CHAPTER 877 An Act to amend and reenact ,¢ 18.2-.i2S of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-325.1, relating to illegal gambling; definitions; purporting to be free spin devices. [H 1010] Approved May 21, 2010 Be it enacted by the General Assembly of Virginia: 1. That § 18.2-325 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 18.2-325.1 as follows: § 18.2-325. Definitions. 1. "Illegal gambling" means the making, placing or receipt; of any bet or wager in t#~s the Commonwealth of money or other thing of value, made in exchange for a chance to win a prize, stake or other consideration or thing of value, dependent upon the result of any game, contest or any other event the outcome of which is uncertain or a matter of chance, whether such game, contest or event; occurs or is to occur inside or outside the limits of t13is the Commonwealth. a. For the purposes of this subdivision and notwithstanding any provision in this section to the contrary, the making, placing, or receipt of any bet or wager of money or other thing of value shall include the purchase of a product, which purchase credits the purchaser with free points or other measurable units that may be risked by the purchaser for an opportunity to win additional points or other measurable units that are redeemable by the purchaser for money at the location where the product was purchased. b. Nothing in this section shall be construed or interpreted to prohibit the conduct of any lawful game, contest, lottery, scheme, or promotional offering that complies with the requirements contained in § 18.2-325.1. 2. "Interstate gambling" means the conduct of an enterprise for profit which engages in the purchase or sale within the Commonwealth of any interest in a lottery of another state or country whether or not such interest is an actual lottery ticket, receipt, contingent promise to pay, order to purchase, or other record of such interest. 3. "Gambling device" includes: a. Any device, machine, paraphernalia, equipment, or other thing, including books, records and other papers, which are actually used in an illegal gambling operation or activity, and b. Any machine, apparatus, implement, instrument, contrivance, board or other thing, including but not limited to those dependent upon the insertion of a coin or other object for their operation, which operates, either completely automatically or with the aid of some physical act by the player or operator, in such a manner that, depending upon elements of chance, ~t may eject something of value or determine the prize or other thing of value to which the player is entitled; provided, however, that the return to the user of nothing more than additional chances or the right to use such machine is not deemed something of value within the meaning of this subsection; and provided fiu-ther, that machines that only sell, or entitle the user to, items of merchandise of equivalent value that may differ from each other in composition, size, shape or color, shall not be deemed gambling devices within the meaning of this subsection. Such devices are no less gambling devices if they indicate beforehand the definite result of one or more operations but not all the operations. Nor are they any less a gambling device because, apart from their use or adaptability as such, they may also sell or deliver something of value on a basis other than chance. 4. "Operator" includes any person, firm or association of persons, who conducts, finances, manages, su ~rvises, duects or owns all or part of an illegal gambling enterprise, activity or operation. ~§ 18.2-325.1_. Lawful games, contests, etc; methods of entry; requirements. ie`a~'SUanl to subdivision I b of § 18.2-325, any lawful game, contest, lottery, scheme, or promotional offering (the contest) may be conducted provided the following requirements are met: 1. There is available a method of free entry to all participants wishing to enter the contest without purchase; 2. There is equal opportunity to play and equal odds of winning for all participants regardless of whether a participant entered with a valid purchase or through a free alternative method of entry; 3. There are written disclosures about the contest including: a. The terms and conditions that a participant must meet to enter and possibly receive a prize or other thing of value; b. The manner in which to request free entry into the contest; P10 2 of 2 c. The identity of the contest sponsor; d. The end date of the contest period; e. A statement that the making of a purchase will not increase the odds of winning; f. The odds of obtaining a winning configuration or game piece, which shall be expressed as a numerical ratio, if applicable, or as dependent on a number of entries, if applicable; g. A statement of whether any winner of a prize or other thing of value must complete an approved claim form in order to receive the prize or other thing of value; and h. A statement of whether proof of identity is required for a winner to redeem the prize or other thing of value; 4. The disclosures required by this section shall be included in "the o~cial rules" of the contest, and may be in the form of independent signage; printed on the produce or container; shown in a multimedia display on the product dispenser; or otherwise available by mail, on the Internet, or by toll-free telephone call; S. Any advertising copy shall include the following: a. The name of the operator and the contest; b. A statement that no purchase is required to enter or play the contest; c. The start and end dates for entering the contest, which sha1J be consistent with the o~cial rules; d. A statement of eligibility to participate in the contest; and e. A disclosure of where the contest is void. 6. In the case of a device with a multimedia display, the official rules shall be available for display without cost; and 7. No consideration or anything of value is required in order to play or enter into the contest, except for the product purchased, if any. 2. That the provisions of this act are declaratory of existing law. P11 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA DATE: ITEM NUMBER: AGENDA TITLE: 09-21-10 5(e) Closed Meeting-Unannounced Industries ACTION: INFORMATION: SUBJECT/PROPOSAL/REOUEST: Yes Closed Meeting -Discussion concerning a prospective business or industry or the expansion of an existing business or industry, CONSENT AGENDA' where no previous announcement has been made of the business' ' ACTION: INFORMATION: or industry s interesting in locating or expanding its facilities in the community. Authority: §2.2-3711(A)(5) of the Code of Virginia, 1950, as amended. ATTACHMENTS: Subject Matter: Industries: 120 1 0-06-1 6 No 12010-08-20 12010-08-21 i2o1o-o8-2a REVIEWED BY: Purpose: Discussion of industrial prospect STAFF CONTACT(S): William D. Sleeper BACKGROUND: The Pittsylvania County Code allows the Board of Supervisors to enter into Closed Meeting under §2.2-3711(A)(5) of the Code of Virginia, 1950, as amended. DISCUSSION: 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 interesting in locating or expanding its facilities in the community. Authority: §2.2-3711(A)(5) of the Code of Virginia, 1950, as amended. Subject Matter: Industries: 12010-06-16 12010-08-20 12010-08-21 12010-08-24 Purpose: Discussion of industrial prospect The Board will go into "Closed Session" to discuss disposition of public property in accordance with the above- referenced Authority. RECOMMENDATION: Staff submits this to the Board of Supervisors for their review and consideration. P12 HEARING OF THE CITIZENS CONSENT AGENDA PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Ont of State Travel -Steve Bowman Fire Marshal AGENDA DATE: Sept 21, 2010 ITEM NUMBER: 8(a) SUBJECT/PROPOSAL/REQUEST: ACTION: Out of State Travel -Training Requirements STAFF CONTACT(S): Sleeper CONSENT AGENDA: ACTION: YES ATTACHMENTS: No REVIEWED BY: INFORMATION: BACKGROUND: The Fire Marshal is required to complete continuing education training in order to maintain Virginia Fire Marshal certification requirements. DISCUSSION: The Fire Marshal has checked and determined that a cost savings would exist for him to travel to a seminar out of state that would provide in-service training hours rather than attend a seminar within Virginia. The seminar provides equal continuing education training hours as the class in Virginia. The information provided below shows the savings to the Fire Marshal Budget. The net savings are approximately $359.90 for travel to the conference in South Carolina. He will use his personal vehicle for out of state travel with no cost to the county. VA IAAI Conference October 18 - 22, 2010 Richmond, VA Seminar fee: 250.00 Est. hotel cost: 536.75 Est. meal cost: 200.00 Total cost: 986.75 NC/SC IAAI Conference October 18 - 22, 2010 Myrtle Beach, SC Seminar fee: 150.00 Est. hotel cost: 276.85 Est. meal cost: 200.00 Total cost: 626.85 RECOMMENDATION: Staff recommends that the Board of Supervisors approve Mr. Bowman to register and travel to the class in South Carolina. P13 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 9-21-10 ITEM UMBER: 8(b) Consent Agenda: Regional One-October ACTION: INFORMATION: SUBJECT/PROPOSAL/REQUEST: Approval of Contract Payment CONSENT AGENDA: ACTION: Yes INFORMATION: STAFF CONTACT(S): Sleeper, VanDerHyde ATTACHMENTS: No BACKGROUND: At an adjourned meeting, December 22, 2008, the Board of Supervisors approved to begin paying Regional One for back-up ambulance service to the County. At that time, the Board requested that payment to Regional One be approved on a monthly basis. A total of $35,000 has been appropriated for Regional One in the 2011 Budget, which will cover Regional One's monthly cost through December 31, 2010. DISCUSSION: It is time to approve payment for Regional One for the month of October. The amount due to Regional One is $5,833.33 per month. These funds have already been budgeted in the 2011 budget and do not require an appropriation. RECOMMENDATION: Staff recommends that the Board of Supervisors approve payment to Regional One for October 2010. P14 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Proclamation -Fire Prevention Week SUBJECT/PROPOSAL/REQUEST: Proclamation Declaring Fire Prevention Week in Pittsylvania County STAFF CONTACT(S): William D. Sleeper 09-21-2010 ACTION: CONSENT AGENDA: ACTION: Yes ATTACHMENTS: Yes REVIEWED BY: 8 (c) INFORMATION: INFORMATION: BACKGROUND: Each year Pittsylvania County following the United States non-profit Fire Protection Association declares a Fire Prevention Week in Pittsylvania County. DISCUSSION: Attached hereto, is a Proclamation for the Pittsylvania County Board of Supervisors declaring October 3`d through October 9`f', 2010 Fire Prevention Week in Pittsylvania County. RECOMMENDATION: Staff recommends the Board of Supervisors approve the attached Proclamation and authorize it to be forward to all necessary news media. P15 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMATION WHEREAS, the County of Pittsylvania is committed to ensuring the safety and security of all those living in and visiting our state; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are where people are at greatest risk to fire; and WHEREAS, nearly 3,000 people die each years as a result of home fires each year; and WHEREAS, roughly two-thirds of home fire deaths resulted from home fires in which no smoke alarms or no working smoke alarms were present; and WHEREAS, working smoke alarms cut the chance of dying in a reported fire in half; and WHEREAS, the National Fire Protection Association recommends at least one smoke alarm on every level of the home (including the basement) outside all sleeping areas, and in all bedrooms; and WHEREAS, informing the public about the importance of smoke alarm installation and maintenance serves an essential step toward increasing the public's safety from home fires; and WHEREAS, the County of Pittsylvania's first responders are dedicated to reducing the occurrence of home fires and home fire deaths and injuries through prevention and proper education; and WHEREAS, Pittsylvania County residents are responsive to public education measures and are able to take personal responsibility to increase their safety from fire, especially in their homes; and WHEREAS, the Fire Prevention Week 2010, October 3-9 theme, "Smoke Alarms: A Sound You Can Live With!" actively works to motivate Pittsylvania County residents to implement smoke alarm recommendations in their homes; then THEREFORE BE IT HEREBY PROCLAIMED, the Board of Supervisors of Pittsylvania County do hereby proclaim October 3-9, 2010 as Fire Prevention Week throughout this state, and the Board of Supervisors urge all people of Pittsylvania County to protect their homes and families by heeding the potentially life-saving messages of Fire Prevention Week 2010, and to support the many activities and efforts of Pittsylvania County fire and emergency services. Given under my hand this 21st day of September, 2010. Henry A. Davis, Jr., Chairman Pittsylvania County Board of Supervisors P16 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: No Litter Signs-Rockford School Road and Dewberry 09-21-10 Road ACTION: ITEM NUMBER: 8(d) INFORMATION: SUBJECT/PROPOSAL/REOUEST: "No Litter" Signs Request CONSENT AGENDA: ACTION: Yes INFORMATION: STAFF CONTACT(S): William D. Sleeper ATTACHMENTS: Yes BACKGROUND: DISCUSSION: The Honorable Marshall Ecker, Supervisor for the Staunton River District, has requested that the Virginia Department of Transportation (VDOT) place "No Litter" signs on Rockford School Road (State Route 665) and on Dewberry Road (State Route 756) in the Staunton River District of Pittsylvania County, Virginia. RECOMMENDATION: Staff recommends the Board of Supervisors approve the attached resolution requesting "No Litter" signs be placed by VDOT on Rockford School Road and on Dewberry Road in the Staunton River District and authorize the County Administrator to forward the resolution to Mr. Rob Cary, P.E., of the VDOT Lynchburg, Virginia office. P17 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2010-09-06 WHEREAS, Section 33.1-69 of the Code of Virginia, 1950, as amended, places the control supervision, management and jurisdiction over the Secondary System of State Highways in the Department of Transportation; and WHEREAS, the Department of Transportation maintains safety and warning sign and devices for the protection of the public using the Secondary System of Highways; then BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors respectfully requests the Department of Transportation to install "No Litter" signs on State Route 665 (Rockford School Road) and on State Route 756 (Dewberry Road), in the Staunton River District of Pittsylvania County, Virginia Given under my hand this 215 day of September, 2010. Henry A. Davis, Jr., Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors P18 P19 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA DATE: AGENDA TITLE: 9-21-10 Sheriff sCarryover-Requires 10-Day Layover ~ ACTION: SUBJECT/PROPOSAL/REQUEST: CONSENT AGENDA: Approval of carryover of fund from the Sheriff's ACTION: FY2010 budget Yes ATTACHMENTS: Yes STAFF CONTACT(S): Sleeper, VanDerHvde ITEM NUMBER: 8(e) INFORMATION: INFORMATION: BACKGROUND: The Finance Committee was presented a list of remaining carryovers for the Sheriff s office at the last finance committee meeting, September 7, 2010. DISCUSSION: Attached is a list of 2010 Sheriff carryovers that need to be approved for the FY2011 budget. As you can see from the attached memo, $148,549.31 remains to be approved for carryover. RECOMMENDATION: Staff recommends that the Board consider an approval of the Sheriff's carryovers in the amount of $148,549.31 and consider an appropriation of this amount to the FY 2011 budget in the following manner: $3,500 to Police Supplies (100-4-031200-6010), $20,000 to Capital Outlay-Furniture & Fixtures (100-4- 033100-8102), $71,355.60 to Foundation Repairs-Moses Building (310-4-094150-818123) and $53,693.71 to Jail Expansion Architect (310-4-094150-8186). THIS AMENDMENT REQUIRES A 10-Day Layover). P20 PITTSYLVANIA COUNTY VIRGINIA Finance Department P.O. Box 426 Chatham, Virginia 24531 T ' ~~ i * ,~ * ~ + 1 ~* »s~ ~ / Phone (434) 432-?740 Fax (4341432-7?46 Gretna/Hurt (434) 656-6211 Bachelors Hall/Whitmell (434) ?97-9550 MEMORANDUM TO: Coy E. Harville, Chairman of Finance Tim R. Barber William H. Pritchett James H. Snead FROM: Kimberly G. Van Der Hyde, Finance Director DATE: September 3, 2010 RE: Sheriff s FY 2010 Carryover CC: William D. Sleeper, County Administrator Henry "Hank" A. Davis, Jr. Chairman-Board of Supervisors Marshall A. Ecker Fred M. Ingram Attached is a letter written by Sheriff Mike Taylor dated July 19, 2010 regarding Year- End Overages. This letter also discussed carryovers that Sheriff Taylor requested be approved for the current FY 2011 year. Some of these carryovers have been previously approved by the Board of Supervisors but several others still need the Board's consideration and approval. I met with the Sheriff on Thursday, September 2°d to discuss the remaining carryovers and obtain clarification on what these funds would specifically be used for. The following items are presented below for your consideration: $ 3,500.00 for a Sheriff s Senior Citizen Volunteer Program. These funds would to used to purchase police supplies for this program. 20,000.00 for Jail Ventilation Maintenance. The County has received an $11,000 grant for this project and sealed bids will be obtained to correct this ventilation problem. P21 71,355.60 for remediation of mold in the basement of the Moses Building. 53,693.71 for Jail Expansion Architect. This was not explained in the Sheriff's original letter because it was uncertain as to the exact figure that would be remaining at year-end to be used for this project. $148,549.31 TOTAL OF ADDITIONAL CARRYOVERS REQUESTED P22 *. S~ERIFp * the Office of the Sheriff JJ J JJ ~ ~ _ PittsyCvania County N -_ + ,~ Phone (434) 432-7800 or (434) 656-62» g'ax (434) 432-7823 ~~`.,` ~,~:< y'R' E~naiC-pcsoC~pittgov.org l~Ye6site- ~+~ww.pittsyCvaniastieri_fforg '~4 CO ~-~Iicfiaef"11'. 7ayCor Sft¢rtff July 19, 2010 William D. Sleeper, County Administrator Pittsylvania County P.O. Box 426 Chatham, Virginia 24531 Dear Dan: Re: Year-End Overages f.l' ~' QC ~~ +%: ,.o . ~ , ~~,,,~. . ti~_~ ~~~t, 4b'enc~ ,~%. P.O Box 407 Cfiatha»t, "Y.~l 24531 With reference to year-end overages I would like first to say how grateful we are to you, your staff and the Board of Supervisors for providing financial support to our office this past fiscal year. The many times advice was asked for it came without hesitation. You have a good team of professionals that the Board should recognize. The budget process for this current fiscal year has been challenging to say the least, but without guidance and know-how the process would be even more stressful and less productive to us all. In the 2009-2010 Correction's budget proposal, an accurate forecast was submitted with what would be the most probable external housing costs for our inmates for the year. The line item was reduced creating a causative factor for the overage in that line item. A further causal factor was the inmate requiring dialysis treatment which increased costs. Furthermore, the additional overage of $41,098.00 is in the corrections overtime line item and is caused directly by the need to house the inmates externally. We don't have sufficient staffto perform the daily duties required in the jail and also to do all of the transports that are required. Therefore, we have to pay deputies overtime to make transports on their days off. I anticipate the same outcome in the 2010-2011 adopted budget concerning external housing of inmates and overtime due to the deep reduction in those line items. In this year's session of the General Assembly legislators decreased per diems to localities for housing "state responsible inmates" while at the same time increased their time of incarceration. So you see locality's responsibility is increased on both ends of this financial restructuring; longer stays, decreased per diems which creates a higher daily average population. A determining step in rectifying the overages in the current budget, which u going to come about, is to add back to our request for this line item. For that reason I would ask that the $41,098.00 be carried over into the corrections overtime line item for FY 2010/2011. P23 William D. Sleeper Page 2 of 2 In addition I would request the following amounts be carried over to the 2410- 2011 fiscal year: (1) $5,461.64 for Encumbrances; (2) $22,298.60 Project Lifesaver; (3) $4,500 National Night Out; (4) $1,321.08 Halloween Contributions (Trunk or Treat Program); (5) $631.28 Concessions (2008-2009 & 2009-2010); (6) $10,256.22 Inmate Telephone Commissions; (7) $100 Memorial Fund; (8) $23,286.78 Wellness Program; (9) $20,000 Sheriff's Office Auxiliary Law Enforcement Program; (10)$3,500 Sheriff s Office Senior Citizen Volunteer Program; (11)$20,000 Jail Ventilation Maintenance; (12)$71,355.60 Remediation for Mold in the Basement of Moses Building. Last of all, I want to congratulate the staff from your Sheriff's Office. All have been vigilant fiscal stewards this year. We have stayed on top of our budget and I believe it shows from the bottom line of the ending balances. We have been working to reduce fees and we firmly believe operating costs will see a decline because of our efforts. Nevertheless by allowing carryover funds to be employed by the items suggested our community will profit while easing the 18% reductions in the current adopted budget. The work of keeping our community as safe as can be is our goal. I am available at your convenience to discuss the worth of the request. Thank you again for all of the support shown to law enforcement; it does not go unnoticRd. Wi~ kindest regards I'm, Michael W. Taylor Sheriff Cc: Kim Van Der Hyde, Finance Director P24 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 09-21-10 ITEM NUMBER: 8(f) Engine Replacement -Landfill SUBJECT/PROPOSAL/REOUEST: ACTION: INFORMATION: 10 Day Layover STAFF CONTACT(S): William D. Sleeper CONSENT AGENDA: ACTION: Yes ATTACHMENTS: Yes INFORMATION: BACKGROUND: At the regular meeting of the Board of Supervisors held on September 7, 2010, this item was added to the agenda concerning the replacement of an engine for a truck at the Pittsylvania County Landfill. Three (3) quotes were found concerning the requirement for a new replacement engine for aroll-off truck at the Pittsylvania County Landfill. DISCUSSION: The lowest responsive bidder was from Truck Enterprises from Lynchburg, Virignia at a price of $15,380. A motion was made by Marshall Ecker, seconded by Tim Barber, to approve the appropriation of $15,380 from unappropriated surplus to the Pittsylvania County Landfill for engine replacement for aroll-off truck, which required a 10-day layover. RECOMMENDATION: Staff recommends the Board of Supervisors approve the layover motion to appropriate $15,380 from unapproporiated surplus to pay for an engine for the Pittsylvania County Landfill. This requires a roll call vote. P25 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Engine Replacement Landfill AGENDA DATE: 09-07-10 ITEM NUMBER: 5(b) SUBJECT/PROPOSAL/REOUEST: Replacement Truck Engine STAFF CONTACT(S): William D. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes INFORMATION: INFORMATION: BACKGROUND: In the budgeting process for the 2010-2011 year, a number of items were cut back significantly to insure that we could meet the guidelines of the Board of Supervisors; most of which were maintenance items or replacement items in line item budgets. Since we have reduced the replacement of engines, engine parts, or transmissions at the Landfill, there is no funding available except under emergency conditions. DISCUSSION: Attached hereto, you will find three quotes for a replacement engine for a rolloff truck at the Pittsylvania County Landfill. The lowest responsive bid is Truck Enterprises Lynchburg, Inc. of Lynchburg VA at $15,380. RECOMMENDATION: Staff recommends, and request that the Pittsylvania County Board of Supervisors appropriate $15,380 from unappropriated surplus to Pittsylvania County Landfill Engine Replacement line for collections to replace this engine. P26 ~_~~€, 2b. 2L(i ?~:2niYl Truck Enizrp ises Lynchbar; Inc ~'o, G2~1 P. TRI~~n cis i ~>I~rrslE~~~ ~ r ir~.nBURG, INC. 5605 PLEASANT VALLEY ROAD LYNCHBURG, VA 24504 PHONE: (434) 845-7590 * (888) 838.4670 www.truck®nterprises.com ~eTE.. PRICES SUBJECT TO CHANGE WITHOUT NOTICE SHIP-TO... 382 RAINBOW' X,:4N`„ C U S T O M E R Q U O T E DRY FORK, VA 24549 ,---_.._,._..~„pOR.,,,,,~,,,,..~,,.,__ PITTSYLVANIA COUNTY SHIP VIA FINANCE DEPARTMENT PO EOX 426 CHAT~TAM VA 2 4 5 31 PO DOC PAGE 1 =TEMP/ QOO Q30 SHP UNIT EXTEDTDED 17ESCRIPTION RETCD TX PRICE AMOUNT *,rw*50RX 1 0 1 15380.00 15,380.00 E ^ Nv 99N14-370C~?1800 CELECT N **436D ~ 0 ENG 99N14-3701800 CELECT N ww.~36D 1- Q QSX COk~ N QUOTED TOTAL QUOTED TOTAL *********+t~**h~c*a,tw,r*v,~xwrwwww*ECIALS EVERY MONTHwww*w*wwww,r,:w,~wr,*ww*w '`*"*************#*************L 9:OOPM SATURDAY S:OOAM TIL 12:OOPM*** wwws~w*w*w***w******:+*********NESS IN 2009*****,t********~******w**t**,t 15,380.00 15,380.00 DISCLAIMER OF WARRANTIES: ANY WARRANTIES ON THE PARTS SOLD HEREBY ARE THOSE MADE BY THE MANUFACTURER. DEALER HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND DOES NOT AUTHORIZE ITS AGENTS OR EMPLOYEES TO EXTEND, ALTER OR AMEND SUCH WARRANTY. LABOR IS WARRANTED FOR 30 DAYS OR 5,000 MILES, WHICHEVER OCCURS FIRST. Any controversy or claim arising out of ar relating to this transaction shall be Settled by arbitration administered by the American Arbitration ASSOCiaiion under its Commerdal Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If Dealer pursues any available remedy as set forth herein, Customer shall be responsible for Dealer's attorney fees. This transaction shall be governed by and Conslruedin accordanae with the laws of the Commonwealth of VircJinia, The parties agree that jurisdiction and venue for all daims and disputes regarding this transaction shall be that of the location of the Dealer. X Customer Signature ACCOUNTS ARE DUE AND PAYABLE BY THE 10t" OF THE MONTH. PAST DUE ACCOUNTS ARE 5U8JECT TO A FINANCE CHARGE COMPUTED AT A PERIQDIC RATE OF 2% PER MONTH OR AN ANNUAL PERCENTAGE RATE OF 24%. TO RETURN PARTS, A COPY OF THE INVOICE IS REQUIRED, CORES MUST 6E RETURNED WITHIN 15 DAYS OF INVOICE DATE, FOR CREDIT CONSIDERATION, THE MANUFACTURER'S RESTOCKING FEE APPLIES TO SPECIAL ORDER PARTS. ELECTRICAL PARTS ARE NONRETURNABLE. ORIGINAL P27 ~,~, AF d ~ L QUOTE '~ 15332 ISSUED 8/26/10 CUSTOMER 132fl8 ~12ANCH i 2 CTRMAN j$ 016 1 4800.00 4,800.00 J.- 4800.00 4,800.00- 08/25/2010 13:15 5407775660 VA TRUCK CENTER PAGE 01 ViRGINlA TRUCK CENTER p,0. (30X 7178, pOUTE 11 N. ROANOKE, VIRGINIA 24019 (5a0) 777.7700 (800) 849.8823 FAX (5401 777.777 f 1202 ORANflE AVENUE N.E. ~~~~~~~ ROgNOKf:, VtpGINIA 24012 1540) 777-7730 (800? agz.8789 FAX (5401 777-7733 Alf claims and returned n g ods must be accompanieq by this Invoice No returns pn-cloct l l . r ca . Fifteen percent (75°,6) Hostockln Char o Accounts are due and payable b on apeci~l order pans 9 g l . accounts aro aub~oct to a Flnonce ChaO Pest dua n g rate of 1-1/2°h per month or at a a compu ed indlc an Annual Psrcontago Rete of 18%r DATE ENT$RED VOUR ORDER NO . DATE SHIPPED INVOICE DATE L 5 AUG ~ ~ ,.. 25 fi.UG 10 INVOCCI; NUM9ER s **QUOTE** 273795 ~ R~'COUNT NO. 26432 s n ~ H PAGE ~. OF 1 prTTSYLV,r,NzA COUNTY BOARD T P OF S D ZOO .BCX X12 6 T C~'?'HAM ~ ~'A 2 4, 5 31 SHIP VIA' SLSM. B/I, NO. TEAMS F.O.q, POINT BOB u~ NET-30 o: ao~ `'F'.~RT'Np t20ANOICE VR ~ CRII~'I'l10 ~ ,. . ; r'~T~ `: N r J 0 ~Rl n ~ Q1.~' 13:0 9 CORE E$CHAATGE ~ ~ , ~5 ~D'(} I . r O7 **.*,~ I ~ V..O I ~ E 000.00 5,000.00 ~ U a T ~; AO N I , Q P~j,Y * * * I I .. , ~ :.._.. .:... . T ANS/COLD i ;, , , i ~. ; ~ ., - ~ . ' I ::. :. "` ;. ASK ABQUT ;` ::> ~ , OUR .. .: _. ;, .... . ... }.. . OMPLETE _ .. :. ;:,, .:; <.;~~, STOCK OF ,: _ , ,. ~ : >< ;:~ ; ER -~ PARTS ,.. <. i HOL.LINS STORE ` ' ~" PARTS HOURS :>' ': `` ~ f 3MC OR • MON. -FRI. TSUZU SP}.,GIRT, OkZDERS PARTS ARE 4*'~'~****~'* .., 7 AM - 30 I z• AM *NO.V-RETURNABLE * *'~ * *'" ~' ~' * * * I * PARTS "'"*'~**Q~'.0'I'ES G00)] FOR 20 DAYS******,r* 21 700 00 SATURDAY i . SUBLET SEW RAl~TS. ~ COR.E. RETURNS MUST' 7 AM - 5 PM . BE FREIGHT ' * *R1rTLTk~NED rN .3 0 DAYS FOR CREDIT* * * * 0 00 SUNDAY I , SALSS TAX CUS7UMER'S slGNATURp ~ OO • 3 PM - 1 AM ; X ,. ~".'~AL 21 700,00 lny. warrgnUCS• on •ho tam/Itri>>s sold hereby aro those made byDme mAnufaotuGrprNThe papAj Of ERGINIA 'TRUCK 'CENTER horohy expressly disclaims aq warren ~itAOr exp}oss Or'Imphed, ,incauding r~ny implied warranty of niofchantablllty or fltn055 for :~ partiCUlar purpose, and VIRGINIA TRUCK C.NTER nCither assumes nor uthorizes any btfaer per;pn io assumo for h any liability In corotOCtlon with tho sale of this Itemlltoms. uos, .:o~i i.r ACCOUNTING COAX P28 From:Diesel ~n,g;~e & Equipment Rep 4348366713 08!30/2010 12:16 n810 P.0021002 DIESEL ENGINE 8~ EQUIPMENT REPAIR Estimate #0000754 PO BOX 26 175 MACKEN LN. Date Printed : $/27/10 BLAIRS, VA 24527 page : ~ 434-836-6711 Center : ~ "WE KEEP THE BIG WHEELS ROLLING" Customer : PITTS CO LANDFILL Vehicle :2000 FORT STERLING Address :382 RAINBOW LANE Unit # :2001 TAG# : 34-195L City : DRY FORK, VA 24549- VIN : 2FZXECY63YAG77122 Phone 1 : (434) 432-7980 Ext : Engine : Trans Phone 2 : { 434) 432-3057 Ext : FAX Mileage :345655 Parts Labor Oauan Part Number Description Price Op Tech Description Time Charge 1.00 N14 370 HP W/ECM 21500.0 EN 0 17 RJR ENGINE 0.00 1700.00 0 17 ATTN: KELLY 0.00 0.00 ~~i~V A~~ /~ii ~ ~ ~ /V ~" ~4 ~ 1 ~ (.. V`~ Y V - a ecomen a ion a ecomen a ion a ecomen a ion I hereby authorize the repair work to be done along with the necessary parts Labor: $1.700.00 and materials and hereby grant Diesel Engine Equipments Repair (DEER)and/or Parts: $21,500.00 DEER employees permission to operate the vehicle herein described on streets, Sublet: $0.00 highways or elsewhere for the purpose of testing and/or inspection. An Other Fees: $0.00 express mechanics lien is hereby acknowledged on the above vehicle to secure ShoplEnviro $35.00 the amount of repairs thereto. I understand that DEER is not responsible for Subtotal : $23,235.00 delay or other consequence due to the unavailability of part shipments. Sales TaX: $O.OO RRANTY I S 90 DAYS OR 4, 0 0 0 M[ LES WHICHEVER OCCURS EI RST FRAM THE DATE OF CHI S INVOICE, UNLESS SPECI FI ED OTHERWISE; ALL WARRANTY I S VOI DED FOR REPAI RS Total : $23.235.00 DONE WITH 'USED' PARTS OR CUSTOMER SUPPLIED PARTS. ***PAYMENT IS DUE UPON EStlmate Only RECEIPT OR 10 DAYS FROM INVOICE DATE IF TERMS HAVE BEEN EXTENDED TO CUSTOMER. X P29 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 9-21-10 ITEM NUMBER: 8(g) Expenditure Refunds-Requires 10-Day Layover ACTION: INFORMATION: SUBJECT/PROPOSAL/REQUEST: Budget Amendment for expenditure refunds CONSENT AGENDA: ACTION: Yes INFORMATION: STAFF CONTACT(S): Sleeper, VanDerHvde ATTACHMENTS: Yes BY: BACKGROUND: DISCUSSION: Attached is a list of expenditure refunds for the months of August & September, 2010 for review. As discussed earlier with the Board, the simple routine of putting every refund back in the budget is extremely time consuming and leaves room for errors. To stay in balance with the Treasurer, we need to reappropriate refunds into the budget so the budget would increase with every expenditure refund. RECOMMENDATION: Staff recommends the reappropriation of funds as follows: $120.00 to Sheriff-Parts (100-4-031200-6030), $199.00 to VFD-Office Supplies (100-4-032200-6001), $317.65 to Jail-Extradition (100-4-033100-5550), $325.00 to Animal Control-Professional Health Services (100-4-035100-3110), $4,163.03 to B&G-Repairs & Maint. (100-4-043100-3310), $14,881.13 to WIA-Rent (251-4-353160-5420). THIS AMENDMENT REQUIRES A 10-DAY LAYOVER. P30 PITTSYLVANIA COUNTY VIRGINIA 4;~ T *9 Phone (434) 432-7740 Finance Department * ~ * Fax (434) 432-7746 P.O. Box 426 * Chatham, Virginia 24531 Q * ~ ~ Gretna/Hurt 1434) 656-6211 * * * * * Bachelors Hall/Whitmell (434) 797-9550 ,, ns~ MEMO TO: William D. Sleeper, County Administrator FROM: Kim Van Der Hyde Finance Director SUBJECT: Expenditure Refunds DATE: September 16, 2010 The list below shows all expenditure refunds that were sent to the Finance Department during August and September. I am recommending that all of the following expenditure refunds be reappropriated by the Board of Supervisors: 100-4-031200-6030 Sheriff-Parts 120.00 Restitution 100-4-032200-6001 VFD-Office Supplies 199.00 Rebate 100-4-033100-5550 Extradition 317.65 100-4-035100-3110 Animal Control-Professional Services 325.00 Payment for Vet Services by Pet Owner 100-4-043100-3310 B&G-Repairs & Maint. 4,163.03 Insurance Reimbursement 251-4-353160-5420 WIA-Rent 14,881.13 Reimbursement TOTAL AUGUST EXPENDITURE REFUNDS $ 20,005.81 P31 PUBLIC HEARING PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 09-21-10 ITEM NUMBER: 9 Public Hearing SUBJECT/PROPOSAL/REQUEST: ACTION: Yes INFORMATION: Public Hearing-Swansonville Voting Precinct STAFF CONTACT(S): William D. Sleeper CONSENT AGENDA: ACTION: ATTACHMENTS: Yes INFORMATION: BACKGROUND: The Board of Supervisors advertised for a public hearing to move the Swansonville Precinct from Katies Store to the Swansonville Pentecostal Holiness Church fellowship hall. The public hearing was held September 7, 2010; opened and remains open due to questions concerning the relocation of the voting precinct. DISCUSSION: On a meeting in the County Administrator's office of the General Registrar, representative of the Electoral Board and the Honorable Tim Barber of the Tunstall Electoral District, the deteremination that best benefited the Board concerning this issue since re-districting must occur prior to the next election and new precincts and polling places will have to be developed,was that no further action be taken. RECOMMENDATION: Staff recommends the Chairman close the public hearing from September 7, 2010 concerning the moving of the Swansonville Voting Precinct from Katies Store, Inc. to the Swansonville Pentecostal Holiness Church fellowship hall and that the Board take no action on this issue. P32 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 09-07-10 ITEM NUMBER: 9 Public Hearing -Swansonville Voting Precinct ACTION: No INFORMATION: SUBJECT/PROPOSAL/REQUEST: Proposed move of Swansonville Voting Precinct CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): William D. Sleeper ATTACHMENTS: No BACKGROUND: Due to the inconvenience of operating in a local grocery store, the Electoral Board and delegates representing the Tunstall District have requested the moving of the Swansonville Voting Precinct from Katie's Store, Inc. to the Swansonville Pentecostal Holiness Church Fellowship Hall. DISCUSSION: As the church as decided to withdraw its offer of use of the Fellowship Hall, the public hearing should be opened, this explanation explained to the public that the church is no longer available, and the public hearing closed. No further action should be taken concerning this public hearing. RECOMMENDATION: Staff recommends the Board of Supervisors close this public hearing and take no action on the proposed relocation. P33 PUBLIC HEARING NOTICE The Board of Supervisors of Pittsylvania County will hold a public hearing on Tuesday, September 7, 2010 7:00 p. m. in the General District Courtroom of the Edwin R. Shields Courthouse Addition to receive citizen input on the proposal to move of the Swansonville voting precinct. It is the intent of the Board of Supervisors to move the Swansonville Voting Precinct from the Katie's Inc Store, located at 15473 Franklin Turnpike, Danville, Virginia to the Fellowship Hall of Swansonville Pentecostal Holiness Church, located at 16300 Mount Cross Road, Danville, Virginia. This would amend Section 8-7 of the Pittsylvania County Code. A full copy of this text is available for public viewing in the Office of the County Administrator at 21 North Main Street, Chatham, Virginia Monday through Friday from 8:00 a. m. to 5:00 p. m. P34 Star -Tribune September 1, 2010 PUBLIC HEARING NOTICE The Board of Supervisors of Pittsylvania County will hold a public hearing on Tuesday, September 7, 2010 7:00 p. m. in the General District Courtroom of the Edwin R. Shields Court- houseAddition to receive citizen input on the proposal to move the Swansonville voting precinct. It is the intent of the Board of Supervisors to move the Swansonville Voting Precinct from the Katie's Inc Store, located at 15473 Franklin Turnpike, Dan- ville, Virginia to the Fellowship Hall of Swansonville Pente- costal Holiness Church, located at 16300 Mount Cross Road, Danville, Virginia. This would amend Section &7 of the Pitt- sylvania County Code. A full copy of this text is available for public viewing in the Office of the County Administrator at 21 North Main Street, Chatham, Virginia Monday through Friday from 8:00 a. m. to 5:00 p. m. P35 Star -Tribune August 25, 2010 PUBLIC HEARING NOTICE The Board of Supervisors of Pittsylvania County will hold a public hearing on Tuesday, September 7, 2010 7:00 p. m. in the General District Courtroom of the Edwin R. Shields Court- houseAddition to receive citizen input on the proposal to move the Swansonville voting precinct. It is the intent of the Board of Supervisors to move the Swansonville Voting Precinct from the Katie's Inc Store, located at 15473 Franklin Turnpike, Dan- ville, Virginia to the Fellowship Hall of Swansonville Pente- costal Holiness Church, located at 16300 Mount Cross Road, Danville, Virginia. This would amend Section 8-7 of the Pitt- sylvania County Code. A full copy of this text is available for public viewing in the C4fice of the County Administrator at 21 North Main Street, Chatham, Virginia Monday through Friday from 8:00 a. m. to 5:00 p. m. P36 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 8-17-10 ITEM NUMBER: 21 Relocation-Swansonville Voting Precinct ACTION: Yes INFORMATION: SUBJECT/PROPOSAL/REOUEST: Relocation- Swansonville Voting Precinct CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): William D. Sleeper ATTACHMENTS: No BACKGROUND: Pittsylvania County Electoral Board is asking the Pittsylvania County Board of Supervisors to consider the relocation of the Swansonville Voting Precinct from Katie's Store, Inc., to the Fellowship Hall of the Swansonville Pentecostal Holiness Church. DISCUSSION: This move is necessary in order to provide the required space and facilities for voters in the Swansonville precinct. The Board of Supervisors' public hearing can be held and amendments made to Chapter 8 of the Pittsylvania County Code; however, they cannot be implemented until after the November 2010 election. Therefore, submission for change to this precinct to the U.S. Justice Department will not be approved until after the November elections due to the 60-day requirement of no changes prior to an elections. This will go into effect for next year's 2011 election. RECOMMENDATION: Staff recommends the Pittsylvania County Board of Supervisors authorize a public hearing to be set for Tuesday, September 7, 2010 to receive citizen input on the proposed relocation of the Swansonville voting precinct. P37 N .,,,„ ~ # .S`rtin~iro~irty~e Prrcmct - ~, - "x ~_~~~ ~# _ =~, PoUmp Plrur Rtloc~rt~o~~ Mai ~~ ~ t '. - z, ,~.- Scale: l Inch =14A Feet .~ ` •.- ; .' - ~, ~ ~ ~. :~ t .~`'~ "C~ ~, . , . . . a . ,. . . , ~-~~_ ~ ~xisGr~g rolling r~~: ~' ~ Katie's Inc Stare - ;, alit ~' 15473 Firrnklin Turn Ilse `~a _ ._ _, _ P ~~Il`_ Di,,fference Between .. . c- ' -.. _ ., - . ~. Existing and Proposed .~''~;~ ~ ` - - . ~`\`~,t ~ ..f~ ti ~ Polling Places: ~ ~ ~. _ , '~ _ =`.< ~ ~ r ' ` ~_ Approximate 335 Feet ~'~~ ~ 4 ~}~r r `~ ~ ;. x ,ti + l ~- ~. . - f. i~ ~-' `S ' 4 , . ~~ Pr,opos~ed Polling Place: t ~ ,, ~'' ~;.~;:_ ~ r ~~' , ' , i Swansonville Pentecoastal ~:' ~ ~ s ~ '' ' ' Holiness Church a ~ 1630D 11loarrrt Crass Road ;. .. ~,~: ~~ ~ Y t' /~ l 4 ' ~ ~~` ~~ :` : Lege~ul ~~ ` .*°` ~~ ~ ~' ~ Existing r ~ ~ - _ ~ ,~ 1"bllingPlece r~ .. ,. ` ~.,;~ Proposed ;x ~ t- r. '` • . r ~ a.~ , .- ~ FbllingPlQCe _ ~ " Streets ~' , ~a ,. .. .. r 't... ..~a r .~«. P38 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 09-21-10 ITEM NUMBER: 10 Public Hearing-Proposed Amendments to Chapter 23 of the Pittsylvnaia County Code-Flood Plain Management SUBJECT/PROPOSAL/REQUEST: Adjourned Public Hearing STAFF CONTACT(S): William D. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes INFORMATION: INFORMATION: BACKGROUND: At the September 7, 2010 meeting of the Pittsylvania County Board of Supervisors, the public hearing was opened concerning the amendments to Chapter 23 of the Pittsylvania County Code-Flood Plain Management Ordinance. DISCUSSION: The public hearing remains open at this time, carried over to September 21, 2010. Staff will brief members of the Board of Supervisors at a Legislative Committee meeting on Tuesday, September 21, 2010 at 5:30pm in the Pittsylvania County Administration Conference Room on the 2"d floor of the Moses Building in Chatham, Virginia concerning any questions and changes to the flood plain ordinance. If the Board has any questions they can bring them up prior to voting on the required ordinance. RECOMMENDATION: Staff recommends that the Chairman close the public hearing and receive input from the Board of Supervisors concerning the proposed amendments to Chapter 23 of the Pittsylvania County Code-Flood Plain Management. This requires a roll call vote. P39 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 09-07-10 ITEM NUMBER: 10 Public Hearing -Amendments to Pittsylvania County I ACTION: Code; Chapter 23-Flood Plain Management Yes SUBJECT/PROPOSAL/REOUEST: CONSENT AGENDA: ACTION: Manadatory Changes -Pittsylvania County Code; Chapter 23-Flood Plain Management Ordinance ATTACHMENTS: Yes STAFF CONTACT(S): I REVIEWED BY: William D. Sleeper INFORMATION: INFORMATION: BACKGROUND: The Federal Flood Insurance Program requires localities to participate in establishing required ordinances for flood plain control in their area in order for the Federal Flood Insurance Program to be operated and approved in their areas. DISCUSSION: As changes have occurred in Washington, D.C. and updates to the current Federal Flood Plain Insurance Program requiring changes of local flood plain ordinances, changes have been made in the Pittsylvania County Flood Plain Ordinance, submitted herein. RECOMMENDATION: Staff recommends, following the public hearing, the Board of Supervisors approve the amendments to Chapter 23, Flood Plain Management Ordinance, of the Pittsylvania County Code. P40 -, ---- --_ ,1 Fe~er~~ Emer~enc r i~~ana ~in~n~` 1 +~n~ ~ ~ ~~~1~1' ~ ~ ~, ~ ~~~ eras}~i~t~~~to~z, n.C, `~?(~~ ~ ~ l ~,~;I, ~a=~ ~, ~- September 2, 2010 Mr. William D. Sleeper Case No: 08-03-1797V County Administrator Community: Pittsylvania County, Virginia 21 North Main Street (Unincorporated Areas) P.O. Box 426 Community No.: 510113 Chatham, VA 24531 Effective Date: September 30, 2010 LOMC-VALID Dear Mr. Sleeper: This letter revalidates the determinations for properties and/or structures in the referenced community as described in the Letters of Map Change (LOMCs) previously issued by the Department of Homeland Security's Federal Emergency Management Agency (FEMA) on the dates listed on the enclosed table. As of the effective date shown above, these LOMCs will revise the effective National Flood Insurance Program (NFIP) map dated September 29, 2010 for the referenced community, and will remain in effect until superseded by a revision to the NFIP map panel on which the property is located. The FEMA case number, property identifier, NFIP map panel number, and current flood insurance zone for the revalidated LOMCs are listed on the enclosed table. Because these LOMCs will not be printed or distributed to primary map users, such as local insurance agents and mortgage lenders, your community will serve as a repository for this new data. We encourage you to disseminate the information reflected by this letter throughout your community so that interested persons, such as property owners, Local insurance agents, and mortgage lenders, may benefit from the information. For information relating to LOMCs not listed on the enclosed table or to obtain copies of previously issued LOMR-Fs and LOMAs, if needed, please contact our Map Assistance Center, toll free, at 1-877-FEMA-MAP (1-877-336-2627). Sincerely, n `_ C., C~ Kevin C. Long, Acting Chief Engineering Management Branch Mitigation Directorate Enclosure cc: FEMA, Region III NFIP State Coordinator LOMC Subscription Service Subscriber Community Map Repository Mr. Odie H. Shelton Director of Code Compliance~Zoning Administrator Page 1 of 2 P41 REVALIDATED LETTERS OF MAP CHANGE FOR PITTSYLVANIA COUNTY, VA Case No: 08-03-1797V Community No.: 510113 September 30, 2010 Case No. Date Issued Identifier Map Panel No. Zone 00-03-1332A 06/05/2000 LOT 15 - 508 LAKEPOINT DRIVE 5 1 1 4300065E X 02-03-1766A 07/10/2002 BUILDING I, VISTA POINTE 5 1 1 4300065E X CONDOMINIUMS 660 ] SMITH MOUNTAIN ROAD 02-03-1996A 12/06/2002 BUILDING II, VISTA POINTE 5 1 1 4300065E X CONDOMINIUM 6605 SMITH MOUNTAIN ROAD 03-03-0342A 02/18/2003 1388 RIDDLE ROAD 51143C0245E X 03-03-1230A 06/19/2003 TRACT 18, FRYINGPAN CREEK 51143C0230E X ESTATES - 620 FRYINGPAN LANE 04-03-0136A 01/20/2004 SPACE 76, ARROWHEAD LLC #l, 5114300065E X ARROWHEAD CAMPGROUND 04-03-1442A 08/ I 1 /2004 LOTS TAND U -THE PONDEROSA 51143C0660E X 198 AND 170 PONDEROSA DRIVE OS-03-0838A 10/18/2005 PORTION OF CALLANDS - GRETNA 51143C0210E X MAGISTERIAL DIST 9847 TOSHES ROAD 07-03-1025A 06/07/2007 LOT 8, LIMPKIN LANDING 51 14300065E X 433 WATERLOCKED ROAD 08-03-0679A 03/06/2008 LOT 68, FAIRFIELD PARK, SECTION 6, 51143C0518E X BLOCK C - 195 LEAH COURT 08-03-0799A 05/15/2008 LOT 2, THREE POINTE ISLE 5114300065E X 120 THREE POINTE ISLE DRIVE 09-03-1256A 08/ 1 1 /2009 LOT 67, FAIRFIELD PARK, SECTION 6, 51143C0518E X BLOCK C - 215 LEAH COURT 10-03-0199A 1 1 /03/2009 LOT 1 1, WILLIAM S. YEATTS 51 14300065E X SUBDIVISION 6252 SMITH MOUNTAIN ROAD 10-03-0785A 02/10/2010 235 BASE COURT 51 ]4300065E X 10-03-1005A 03/18/2010 REVISED LOT 2, BLOCK 1 51 14300065E X ANTHONY FORD SUBDIVISION, 6125 SMITH MOUNTAIN ROAD Page 2 of 2 P42 PUBLIC HEARING NOTICE The Board of Supervisors of Pittsylvania County will hold a public hearing on Tuesday, September 7, 2010, at 7:00 p. m. in the General District Courtroom located on the second floor of the Edwin R. Shields Courthouse Addition in Chatham, Virginia to receive citizen input on the proposed amendment change to Chapter 23 of the Pittsylvania County Code, Flood Plain Management. A full text concerning this public hearing is available in the office of the County Administrator, 21 North Main Street, Chatham, Virginia, Monday through Friday from 8:00 a. m. to 5:00 p. m. for public viewing. P43 Star -Tribune September 1, 2010 PUBLIC HEARING NOTICE The Board of Supervisors of Pittsylvania County will hold a public hearing on Tuesday, September 7, 2010, at 7:00 p. m. in the General District Courtroom located on the second floor of the Edwin R. Shields CourthouseAddition in Chatham, Virginia to receive citizen input on the proposed amendment change to Chapter 23 of the Pittsylvania County Code, Flood Plain Man- agement. Afull text concerning this public hearing is available in the office of the County Administrator, 21 North Main Street, Chatham, Virginia, Monday through Friday from 8:00 a. m. to 5:00 p. m. for public viewing. P44 Star -Tribune August 25, 2010 PUBLIC HEARING NOTICE The Board of Supervisors of Pittsylvania County will hold a public hearing on Tuesday, September 7, 2010, at 7:00 p. m. in the General District Courtroom located on the second floor of the Edwin R. Shields Courthouse Addition in Chatham, Virginia to receive citizen input on the proposed amendment change to Chapter 23 of the Pittsylvania County Code, Flood Plain Man- agement. A full text concerning this public hearing is available in the office of the County Administrator, 21 North Main Street, Chatham, Virginia, Monday through Friday from 8:00 a. m. to 5:00 p. m. for public viewing. P45 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Public Hearing -Flood Plain Ordinance AGENDA DATE: 8-17-10 ITEM NUMBER: TBA 5(b) SUBJECT/PROPOSAL/REQUEST: Public Hearing Requirement STAFF CONTACT(S): William D. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: No INFORMATION: INFORMATION: BACKGROUND: The Federal Emegency Management Agency (FEMA) is charged with the responsibility annually of keeping up with the requirements of flood plain programs throughout the various states. We have met with our federal agents on changes at the federal level and the state level concerning requirements of the flood plain program. DISCUSSION: In order for the County to continue participating in the Federal Flood Plain Insurance Program, we must update our ordinance to meet those requirements identified by the Federal government in changes for 2010/2011. RECOMMENDATION: Staff recommends the Board of Supervisors set a public hearing for Tuesday, September 7, 2010, to receive citizen input to the mandated requirements and updates to Chapter 23 of the Pittsylvania County Code entitled Flood Plain Ordinance for Pittsylvania County. P46 ° l Review Copy (Proposed additions are in Red. Proposed deletions are in s~~i~elrl~e~tg#.) PITTSYLVANIA COUNTY CODE CHAPTER 23 FLOOD PLAIN MANAGEMENT Article I. General Provisions ~ 23-1. Statutory Authorization and Purpose § 23-2. Applicability § 23-3. Compliance and Liability § 23-4. Abrogation and Greater Restrictions § 23-5. Severability § 23-6. Penalties Article II. Definitions ~ 23-7. Definitions Generally Article III. Establish~»~nt oi~lunin~ Districts ~ 23-8. Description of Districts ~ 23-9. District Boundary Delineation Map ~ 23-10. District Boundary Changes § 23-11. Interpretation of District Boundaries § 23-12. Submitting Technical Data P47 Article IV. District Provisions § 23-13. General Provisions , ~istr~t § 23-14. General Standards § 23- l 5. Specific Standards § 23-16. Standards for the Floodway District n°,,:b:: C:;te.,,. ~ ;r T T+,~:*' a ~ •,•t• «.~ § 23-17. Permitted Uses in the Floodway District § 23-18. Standards for the Special Flood Plain District § 23-19. Standards for the Approximated Flood Plain District § 23-20. Design Criteria for Utilities and Facilities § 23-21. Standards for Subdivision Proposals Article V. Variances: Factors to be considered § 23-22. Variances Article VI. Existing Structures in Floodplain Districts § 23-23. Existing Structures /Conditions P48 AN ORDINANCE AMENDING ORDINANCE CHAPTER 23, THE FLOOD PLAIN ORDINANCE PITTSYLVANIA COUNTY, VIRGINIA, BY ESTABLISHING DISTRICTS, BY REQUIRING THE ISSUANCE OF PERMITS FOR DEVELOPMENT, AND BY PROVIDING FACTORS AND CONDITIONS FOR VARIANCES TO THE TERMS OF THE ORDINANCES BE IT ENACTED AND ORDAINED BY THE Board of Supervisors of Pittsylvania County, Virginia, as follows: CHAPTER 23 FLOOD PLAIN Article I. General Provisions SEC. 23-1. STATUTORY AUTHORIZATION AND PURPOSE. This ordinance is adopted pursuant to the authority granted to localities by Va. Code § l 5.2 - 2280, 1950, as amended. The purpose of these provisions is to prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by: A. Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies. B. Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding. C. Requiring all those uses, activities, and developments that do occur in flood-prone districts to be protected and/or flood proofed against flooding and flood damage. D. Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards. SEC. 23-2. APPLICABILITY. These provisions shall apply to all lands within the jurisdiction of Pittsylvania County, Virginia and identified as being in the one hundred (100)-year floodplain by the Federal Insurance Administration. SEC. 23-3. COMPLIANCE AND LIABILITY. A. No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this ordinance and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this ordinance. P49 B. The degree of flood protection sought by the provisions of this ordinance is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study, but does not imply total flood protection. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This ordinance does not imply that districts outside the floodplain district or that land uses pernutted within such district will be free from flooding or flood damages. C. Records of actions associated with administering this ordinance shall be kept on file and maintained by the Pittsylvania County Zoning Administrator. D. This ordinance shall not create liability on the part of Pittsylvania County, Virginia or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made there under. SEC. 23-4. ABROGATION AND GREATER RESTRICTIONS. This ordinance supersedes any ordinance currently in effect in flood prone districts except the Pittsylvania County Zoning Ordinance. However, any underlying or overlaying ordinance shall remain in full force and effect to the extent that its provisions are more restrictive than this ordinance. SEC. 23-5. SEVERABILITY. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this ordinance. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this ordinance are hereby declared severable. SEC. 23-6. PENALTIES. Any person who fails to comply with any of the requirements or provisions of this ordinance or directions of the Zoning Administrator or any other authorized employee of the County of Pittsylvania shall be guilty of a misdemeanor of the first class and subject to the penalties therefore. In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this ordinance. The imposition of a fine or penalty for any violation of, or noncompliance with, this ordinance shall not excuse the violation or noncompliance to permit it to continue; and all such persons shall be required to correct or remedy such violations or noncompliance within a reasonable time. Any structure constructed, reconstructed, enlarged, altered, or relocated in noncompliance with this ordinance may be declared by the Board of Supervisors to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this ordinance. P50 Article II. Definitions SEC. 23-7. DEFINITIONS GENERALLY. A. Base flood -The flood having a one percent chance of being equaled or exceeded in any given yeaz. B. Base flood elevation -The Federal Emergency Management Agency designated one hundred (100)-year water surface elevation. The water surface elevation of the base flood in relation to the datum specified on the community's Flood Insurance Rate Map. For the purposes of this ordinance, the one hundred (100) year flood or 1 % annual chance flood. C. Basement -Any azea of the building having its floor sub-grade (below ground level) on all sides. D. Boazd of Zoning Appeals -The board appointed to review appeals made by individuals with regard to decisions of the Zoning Administrator in the interpretation of this ordinance. E. Development -Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. F. Elevated buildine - Anon-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, or columns (posts and piers). G. Encroachment -The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. H. Flood or flooding - I . A general or temporary condition of partial or complete inundation of normally dry land azeas from a. the overflow of inland or tidal waters; or, b. the unusual and rapid accumulation or runoff of surface waters from any source. c. mudflows which are proximately caused by flooding as defined in pazagraph (1)(b) of this definition and aze akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. 2. The collapse or subsistence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature such as flash flood or an abnormal tidal surge, or by some similazly unusual and unforeseeable event which results in flooding as defined in pazagraph 1 (a) of this definition. P51 Flood Insurance Rate Map (FIRM) - an official map of a community, on which the Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). Flood Insurance Study (FIS) - an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudflow and/or flood-related erosion hazards. K. Floodplain or flood prone area -Any land area susceptible to being inundated by water from any source. L. Flood proofing -any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. M. Floodway -The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. N. Freeboard - A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization in the watershed. When a freeboard is included in the height of a structure, the flood insurance premiums will be significantly cheaper. O. Hi est adjacent rade -the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. P. Historic structure -Any structure that is listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the lnterior; or, 4. individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either a. by an approved state program as determined by the Secretary of the Interior; or, b. directly by the Secretary of the Interior in states without approved programs. P52 Q. Lowest floor -The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of Federal Code 44CFR §60.3. R. Manufactured home - A structure subject to Federal Regulations, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days, but does not include a recreational vehicle. & Manufactured home park or subdivision -Three (3) or more manufactured home lots, tracts or parcels of land, corporately or privately owned, used or offered for use in whole or part for consideration, for the parking of manufactured homes. T. New construction -For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after November 4, 1980, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. U. Recreational vehicle - A vehicle which is 1. built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projection; 3. designed to be self-propelled or permanently towable by a light duty truck; and, 4. designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use. V. Shallow flooding area - A special flood hazard area with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. W. Special flood hazard area -The land in the floodplain subject to a one (1%) percent or greater chance of being flooded in any given year as determined in Article 3, c,z of this ordinance. X. Start of construction -For other than new construction and substantial improvement, under the Coastal Barriers Resource Act (P.L. - 97-348), means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of P53 streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of the construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Y. Structure -for flood plain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Z. Substantial damage -Damage of any origin sustained by a structure whereby the cost of restoring the structure to it's before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. AA. Substantial improvement - Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include either: 1. any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or 2. any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. BB. Violation -the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Sec. 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5), of the National Flood Insurance Program Regulations, is presumed to be in violation until such time as that documentation is provided. CC. Watercourse - A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. • , 0 ~asrF4ee~ E{PVatien (~FE~ '~ s P54 a L ;l : > > ~u,+ l;.r +° .,, +~, a:r,.., ..+ 1 ~ 11R1~. Vl 1.°« ~+..,,n+„«°~ ~ ,'Y, a«°a n7 ,,;r,. f:l 1 :r.. «na ~ ;r,. 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VLl V' L11V V VVl~ ~ rll~/JV~ ~ P55 . ~ haotine sir ..,.........b~ ».. ~ -•a~*~~- ......w ., v. •~-•~ r1 t ti t ~ ro .u.b~ cu iv -ccra. *.,' ,a ' tt. • + , > > t ~ ~ ' n n > > > > ~ n n • ~ +, -.,. e !t,\ ~ .. t,,,„,t..oa lnnn\ ~ o ~ o+ ~,. to .t,o o a .,+.t, 1 + t, + 1 ~~~ > > > > > > > > > > > > > > > ~ ~ > > > ~ 0 P56 0 ~~ ~~ n ~~ ~~ n ~~ Article III. Establishment of Zoning Districts SEC. 23-8. DESCRIPTION OF DISTRICTS. A. Basis of Districts The various floodplain districts shall include special flood hazard areas. The basis for the delineation of these districts shall be the Flood Insurance Study (FIS) and the Flood Insurance Rate Maps (FIRM) for Pittsylvania County prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated September 29, 2010, and any subsequent revisions or amendments thereto. The boundaries of the Special Flood Hazard Area and Floodplain Districts are established as shown on the Flood Insurance Rate Map which is declared to be a part of this ordinance and which shall fie kept on file at the Pittsylvania County Department of Code Compliance offices. ..b...,..), ...uv.... iu~..a uiiva. i iuc~iirrr~sracivii: The Floodway District is delineated, for purposes of this ordinance, using the criterion that certain areas within the floodplain must be capable of carrying the waters of the one hundred (100)-year flood without increasing the water surface elevation of that flood more than one (1) foot any point. The areas included in this District are specifically defined in Table 8 of the above-referenced Flood Insurance Study and shown on its accompanying Flood Boundary and Floodway Map or Flood Insurance Rate Map. 2. The Special Floodplain District shall be those areas identified as an AE Zone on the maps accompanying the Flood Insurance Study for which one hundred (100)-year flood elevations have been provided. 3. The Approximated Floodplain District shall be those areas identified as an A or A99 Zone on the maps accompanying the Flood Insurance Study. In these zones, no detailed flood profiles or elevations are provided, but the one hundred (100)-year floodplain boundary has been approximated. P57 4. The Shallow Flooding District shall be those areas identified as Zone AO or AH on the maps accompanying the Flood Insurance Study. 2. pre€i-les-e€-the-a~be~Le-~e€ererreed--Deed-~su~~~ c+ a a ~ •+ 6~]-t~2~ '~ ~S-E3E E9i~ 3 F} - 1' 1 ~ oi v T ± n l + c p p£~Aj 2 - - 66- HS~i~6~ t3 T V r- c ~~cYCtr ~, cr n~ nc uuru ~uv r 7 , ., 7 ~ 7 7 v , B. OverlayConceQ The Floodplain Districts described above shall be overlays to the existing underlying districts as shown on the Official Zoning Ordinance Map, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions. Any conflict between the provisions or requirements of the Floodplain Districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply. In the event any provision concerning a Floodplain District is declared inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying provisions shall remain applicable. P58 SEC. 23-9. DISTRICT BOUNDARY DELINEATION MAP. The boundaries of the Floodplain Districts are established as shown on the Flood Boundary and Floodway Map and/or Flood Insurance Rate Map which is declared to be a part of this ordinance and which shall be kept on file at the Pittsylvania County offices. SEC. 23-10. DISTRICT BOUNDARY CHANGES. The delineation of any of the Floodplain Districts may be revised by the Board of Supervisors where natural or man-made changes have occurred and/or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration. SEC. 23-11. INTERPRETATION OF DISTRICT BOUNDARIES. Initial interpretations of the boundaries of the Floodplain Districts shall be made by the Zoning Administrator. Should a dispute arise concerning the boundaries of any of the Districts, the Board of Zoning Appeals shall make the necessary determination. The person questioning or contesting the location of the District boundary shall be given a reasonable opportunity to present his case to the Board of. Zoning Appeals and to submit his own technical evidence if he so desires. SEC. 23-12. SUBMITTING TECHNICAL DATA A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and flood plain management requirements will be based upon current data. Article IV. District Provisions SEC. 23-13. GENERAL PROVISIONS. A. Permit Requirement All uses, activities, and development occurring within any floodplain district shall be undertaken only upon the issuance of a zoning permit and building permit. Such development shall be undertaken only in strict compliance with the provisions of the Ordinance and with all other applicable codes and ordinances, such as the Virginia Uniform Statewide Building Code and the County of Pittsylvania Subdivision Regulations. Prior to the issuance of any such permit, the Zoning Administrator shall require all applications to include compliance with all applicable state and federal laws and shall review all sites to assure they are reasonably safe from flooding. Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodway of and watercourse, drainage ditch, or any other drainage facility or system. P59 ~• ~, n a.,,; ~fr~,;,,,, B. Site Plans and Permit Applications All applications for development within any floodplain district and all building permits issued for the floodplain shall incorporate the following information: l . The elevation of the Base Flood at the site. 2. The elevation of the lowest floor (including basement). For structures to be flood-proofed (non-residential only), the elevation to which the structure will be flood-proofed. 4. Topographic information showing existing and proposed ground elevations. SEC. 23-14. GENERAL STANDARDS. The following provisions shall apply to all permits: A. New construction and substantial improvements shall be according to the VA USBC, and anchored to prevent flotation, collapse or lateral movement of the structure. B. Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state anchoring requirements for resisting wind forces. C. New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. D. New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. E. Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. F. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. P60 G. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. H. On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. In addition to provisions A - H above, in all special flood hazard areas, the additional provisions shall apply: Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction a permit shall be obtained from the U. S. Corps of Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission (a joint permit application is available from any of these organizations). Furthermore, in riverine areas, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and the Federal Insurance Administrator. The flood carrying capacity within an altered or relocated portion of any watercourse shall be maintained. SEC. 23-15. SPECIFIC STANDARDS. In all special flood hazard areas where base flood elevations have been provided in the Flood Insurance Study or generated according Article IV, °°~ the following provisions shall apply: A. Residential Construction New construction or substantial improvement of any residential structure (including manufactured homes) shall have the lowest floor, including basement, elevated to or above the base flood elevation (recommend ?one foot freeboard). B. Non-Residential Construction New construction or substantial improvement of any commercial, industrial, or non- residential building (or manufactured home) shall have the lowest floor, including basement, elevated to or above the base flood elevation (recommend > one foot freeboard). Buildings located in all A 1-30, AE, and AH zones may be flood-proofed in lieu of being elevated provided that all areas of the building components below the elevation corresponding to the BFE plus one foot are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification, including the specific elevation (in relation to mean sea level) to which such structures are floodproofed, shall be maintained by the Zoning Administrator. P61 C. Elevated Buildings Fully enclosed azeas, of new construction or substantially improved structures, which are below the regulatory flood protection elevation shall: not be designed or used for human habitation, but shall only be used for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (gazage door) or limited storage of maintenance equipment (standazd exterior door), or entry to the living area (stairway or elevator). 2. be constructed entirely of flood resistant materials below the regulatory flood protection elevation; 3. include, in Zones A, AO, AE, and A 1-30, measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria: a. Provide a minimum of two openings on different sides of each enclosed area subject to flooding. b. The total net azea of all openings must be at least one (l) square inch for each squaze foot of enclosed area subject to flooding. c. If a building has more than one enclosed azea, each azea must have openings to allow floodwaters to automatically enter and exit. d. The bottom of all required openings shall be no higher than one (l) foot above the adjacent grade. e. Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions. f. Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above. D. Standazds for Manufactured Homes and Recreational Vehicles All manufactured homes placed, or substantially improved, on individual lots or pazcels, in expansions to existing manufactured home parks or subdivisions, in a new manufactured home park or subdivision or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, must meet all the requirements for new construction, including the elevation and anchoring requirements in Article IV, section 23-14, (A) and (B), and P62 section 23-15, (A). 2. All recreational vehicles placed on sites must either a. be on the site for fewer than 180 consecutive days; b. be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions); or, c. meet all the requirements for manufactured homes in Article IV, sections 23-14 and ~{; .. rl~ n ~r~t~coa r,~ oho n{~ l I ~ I JIII e , 1 , ,^°„~Aa AYIA YynAll TIDY ~fA~ll]nll , ~' n IIVVII 7 l~Aoot {L,e ,. ,-.,,;r r „ram f r .,l~..o.,,o.,+ ~~,~ {l.o o o 0 o.,~{;.,,, n.,,a n.,nl,~,-;.,~. L. 111./V~ZIIIy ivaiui" o 7 SEC. 23-16. STANDARDS FOR THE FLOODWAY DISTRICT. The following provisions shall apply within the Floodway District: A. Encroachments, including fill, new construction, substantial improvements and other developments are prohibited unless certification such as hydrologic and hydraulic analyses (with supporting technical data) is provided demonstrating that encroachments shall not P63 result in any increase in flood levels during occurrence of the base flood. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently-accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the Zoning Administrator. Development activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies -with the Zoning Administrator's endorsement - for a conditional Flood Insurance Rate Map and floodway revision, and receives the approval of the Federal Emergency Management Agency. B. If Article IV, Section 23-19 is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article IV. C. The placement of manufactured homes (mobile homes) is prohibited, except in an existing manufactured homes (mobile homes) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring, elevation, and encroachment standards are met. o~a,,~-~-~ti~ SEC. 23-17. PERMITTED USES IN THE FLOODWAY DISTRICT. The following uses and activities are permitted provided that they are in compliance with the provisions of the underlying area and are not prohibited by any other ordinance and provided that they do not require structures, fill, or storage of materials and equipment: A. Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. B. Public and private recreational uses and activities, such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, horseback riding and hiking trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges, and hunting and fishing areas. C. Accessory residential uses, such as yard areas, gardens, play areas, and previous loading areas. D. Accessory individual and commercial uses, such as yard areas, pervious parking and loading areas, airport landing strips, etc. SEC. 23-18. STANDARDS FOR THE yr A iN A lUil SPECIAL FLOOD PLAIN DISTRICT. The following provisions shall apply within the Special Floodplain District: P64 Until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within the areas of special flood hazard, designated as Zones A 1-30 and AE on the Flood Insurance Rate Map, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the County. Development activities in Zones Al-30, AE, and AH, on the Pittsylvania County Flood Insurance Rate Map which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the applicant first applies -with the Zoning Administrator's endorsement - for a conditional Flood Insurance Rate Map revision, and receives the approval of the Federal Emergency Management Agency. ~ i nn~ , o ,. ~,,,,a .Y, o +t,.,,, „ „ ~ ~ ~ ~ „+ .,+ ., .,. SEC. 23-19. STANDARDS FOR APPROXIMATED FLOOPLAIN DISTRICT The following provisions shall apply with the Approximate Floodplain District: The Approximated Floodplain District shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a one hundred (100)-year floodplain boundary has been approximated. Such areas are shown as Zone A on the maps accompanying the Flood Insurance Study. For these areas, the one hundred (100)-year flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available. It is recommended that the applicant refer to FEMA 265, "Managing Floodplain Development in Approzimate Zone A Areas, A Guide for Obtaining and Developing Base (100-Year) Flood Elevations." Where the specific one hundred (l00)-year flood elevation cannot be determined for this area using other sources of data, such as the U. S. Army Corps of Engineers Floodplain Information Reports, U. S. Geological Survey Flood-Prone Quadrangles, etc., an applicant for a proposed use, development and/or activity greater than 50 lots or 5 acres, whichever is lesser, shall determine this elevation. For development proposed in the approximate P65 floodplain the applicant must use technical methods that correctly reflect currently accepted technical concepts, such as point on boundary, high water marks, or hydrologic and hydraulic analyses. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the Zoning Administrator. The Zoning Administrator reserves the right to require a hydrologic and hydraulic analyses for any development. When such base flood elevation data is utilized, the lowest floor shall be elevated to or above the base flood elevation (recommend > one foot freeboard). During the permitting process, the Zoning Administrator shall obtain: 1) the elevation of the lowest floor (including the basement) of all new and substantially improved structures; and, 2) if the structure has been flood-proofed in accordance with the requirements of this article, the elevation (in relation to mean sea level) to which the structure has been flood-proofed. SEC. 23-20. DESIGN CRITERIA FOR UTILITIES AND FACILITIES. A. Sanitary Sewer Facilities All new or replacement sanitary sewer facilities and private package sewage treatment plants (including all pumping stations and collector systems) shall be designed to minimize or eliminate i~ltration of flood waters into the systems and discharges from the systems into the flood waters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment. B. Water Facilities All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the system and be located and constructed to minimize or eliminate flood damages. C. Drainage Facilities All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The Systems shall ensure drainage away from buildings and onsite disposal sites. Pittsylvania County may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties. D. Utilities All utilities, such as gas lines, electrical and telephone systems being placed in flood-prone areas should be located, elevated (where possible), and constructed to minimize the chance of impairment during a flooding occurrence. P66 E. Streets and Sidewalks Streets and sidewalks should be designed to minimize their potential for increasing and aggravating the levels of flood flow. Drainage openings shall be required to sufficiently discharge flood flows without unduly increasing flood heights. SEC. 23-21. STANDARDS FOR SUBDIVISION PROPOSALS. A. All subdivision proposals shall be consistent with the need to minimize flood damage; B. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards, and D. Base flood elevation data shall be provided for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed fifty lots or five acres, whichever is the lesser. Article V. Variances: Factors to Be Considered SEC. 23-22. VARIANCES. Variances shall be issued only upon (i) a showing of good and sufficient cause, (ii) after the Board of Zoning Appeals has determined that failure to grant the variance would result in exceptional hardship to the applicant. In passing upon applications for Variances, the Board of Zoning Appeals shall satisfy all relevant factors and procedures specified in other sections of the zoning ordinance and consider the following additional factors: A. The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or will cause any activity within any Floodway District that. increase in the one hundred (100)-year flood elevation. No variance shall be granted for any construction, development, use, or activity within any Special Flood Plain Area that would, together with all other existing and anticipated development, increase the one hundred (100)-year flood elevation more than one (1) foot at any time. B. The danger that materials may be swept on to other lands or downstream to the injury of others. C. The proposed water supply and sanitation systems and their ability of these systems to prevent disease, contamination, and unsanitary conditions. D. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners. P67 E. The importance of the services provided by the proposed facility to the community. F. The requirements of the facility for a waterfront location. G. The availability of alternative locations not subject to flooding for the proposed use. H. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area. The safety of access by ordinary and emergency vehicles to the property in time of flood. K. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site. L. The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. M. Such other factors which are relevant to the purposes of this ordinance. The Board of Zoning Appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities and the adequacy of the plans for flood protection and other related matters. 2. Variances shall be issued only after the Board of Zoning Appeals has determined that the granting of such will not result in (a) unacceptable or prohibited increases in flood heights, (b) additional threats to public safety, (c) extraordinary public expense; and will not (d) create nuisances, (e) cause fraud or victimization of the public, or (f) conflict with local laws or ordinances. Variances shall be issued only after the Board of Zoning Appeals has determined that variance will be the minimum required to provide relief from any hardship to the applicant. 4. The Board of Zoning Appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the one hundred (100) year flood elevation (a) increases the risks to life and property and (b) will result in increased premium rates for flood insurance. A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. And variances, which are issued, shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator. P68 Article VI. Existing Structures in Floodplain Districts SEC. 23-23. EXISTING STRUCTURES/CONDITIONS. A structure or use of a structure or premises which lawfully existed before the enactment of these provision, but which is not in conformity with these provisions, may be continued subject to the following conditions: A. Existing structures in the Floodway District shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed expansion would not result in any increase in the one hundred (100)-year flood elevations. B. Any modifications, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any floodplain area to an extent or amount of less than fifty percent (50%) of its market value, shall conform to the Virginia Uniform Statewide Building Code. r,o ono ~,oa „a~,,.. n,,,,a ., „~ a t~ tho ~t~r~ oyto.,, „ ~;~,~o C. The modification, alteration, repair, reconstruction, or improvement ~' of any kind to a structure and/or use, regardless of its locations in a floodplain area, to an extent or amount of fifty percent (SO%) or more of its market value shall be undertaken only in full compliance with the provisions of this ordinance and shall require the entire structure to conform to the Virginia Uniform Statewide Building Code. P69 Existing PITTSYLVANIA COUNTY CODE CHAPTER 23 FLOOD PLAIN MANAGEMENT Article I. General Provisions § 23-1. Purpose 23-2. Applicability 23-3. Compliance and Liability 23-4. Abrogation and Greater Restrictions 23-5. Severability 23-6. Penalties Article II. Definitions § 23-7. Definitions Generally Article III. Establishment of Zoning_Districts § 23-8. Description of Districts Article IV. District Provision § 23-9. General Provisions § 23-10. Floodway District § 23-11. Permitted Uses in the Floodway District § 23-12. Flood-Fridge, Approximated Flood Plain, and Special Flood Plain District § 23-13. Design Criteria for Utilities and Facilities P70 Article V. Variances: Factors to be considered 23-14. Variances Article VI. Existing Structures in Floodplain Districts 23-15. Existing Structures /Conditions P71 AN ORDINANCE AMENDING ORDINANCE CHAPTER 23, THE FLOOD PLAIN ORDINANCE PITTSYLVANIA COUNTY, VIRGINIA, BY ESTABLISHING DISTRICTS, BY REQUIRING THE ISSUANCE OF PERMITS FOR DEVELOPMENT, AND BY PROVIDING FACTORS AND CONDITIONS FOR VARIANCES TO THE TERMS OF THE ORDINANCES BE IT ENACTED AND ORDAINED BY THE Board of Supervisors of Pittsylvania County, Virginia, as follows: CHAPTER 23 FLOOD PLAIN Article I. General Provisions SEC. 23-1. PURPOSE. The purpose of these provisions is to prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by: A. Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies. B. Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding. C. Requiring all those uses, activities, and developments that do occur in flood-prone districts to be protected and/or flood proofed against flooding and flood damage. D. Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards. SEC. 23-2. APPLICABILITY. These provisions shall apply to all lands within the jurisdiction of Pittsylvania County, Virginia and identified as being in the one hundred (100)-year floodplain by the Federal Insurance Administration. SEC. 23-3. COMPLIANCE AND LIABILITY. A. No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this ordinance and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this ordinance. B. The degree of flood protection sought by the provisions of this ordinance is considered reasonable for regulatory purposes and is based on acceptable engineering methods of P72 study. Larger floods may occur on rare occasions. Flood heights may be increased by man- made or natural causes, such as ice jams and bridge openings restricted by debris. This ordinance does not imply that districts outside the floodplain district or that land uses permitted within such district will be free from flooding or flood damages. C. This ordinance shall not create liability on the part of Pittsylvania County, Virginia or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made there under. SEC. 23-4. ABROGATION AND GREATER RESTRICTIONS. This ordinance supersedes any ordinance currently in effect in flood prone districts except the Pittsylvania County Zoning Ordinance. However, any underlying or overlaying ordinance shall remain in full force and effect to the extent that its provisions are more restrictive than this ordinance. SEC. 23-5. SEVERABILITY. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this ordinance. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this ordinance are hereby declared severable. SEC. 23-6. PENALTIES. Any person who fails to comply with any of the requirements or provisions of this ordinance or directions of the Zoning Administrator or any other authorized employee of the County of Pittsylvania shall be guilty of a misdemeanor of the first class and subject to the penalties therefore. In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this ordinance. The imposition of a fine or penalty for any violation of, or noncompliance with, this ordinance shall not excuse the violation or noncompliance to permit it to continue; and all such persons shall be required to correct or remedy such violations or noncompliance within a reasonable time. Any structure constructed, reconstructed, enlarged, altered, or relocated in noncompliance with this ordinance may be declared by the Board of Supervisors to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this ordinance. P73 Article II. Definitions SEC. 23-7. DEFINITIONS GENERALLY. A. Base Flood/One-Hundred Year Flood. - A flood that, on the average, is likely to occur once every one hundred (100)-years (i.e. that has a one percent (1 %) chance of occurring each year, although the flood may occur in any year). B. Base Flood Elevation. (BFE) -The Federal Emergency Management Agency designated one hundred (100)-year water surface elevation (plus one, two, or three feet). C. Board of Zoning Appeals. -The Board appointed to review appeals made by individuals with regard to decisions of the Zoning Administrator in the interpretation of this ordinance. D. Development. -Any man-made change to improved or unimproved real estate, including, but not limited to, building or other structures, mining, dredging, filing, grading. Paving, excavation or drilling operations or storage of equipment or materials. E. Flood. - (a) A general and temporary condition of partial or complete inundation of normally land areas from: 1. The overflow of inland or tidal waters. 2. The unusual and rapid accumulation or runoff of surface waters from any. 3. Mudslides (i.e. mudflows), which are proximately caused by flooding as defined in paragraph (a) (2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. (b) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or by some similarly unusual and unforeseeable event which results in flooding as defined in (a) (1) of this definition. F. Flood Prone Area. -Any land area susceptible to being inundated by water from any source. G. Floodplain. - (a) A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation; (b) an area subject to the unusual and rapid accumulation or runoff of surface water from any source. H. Floodway. -The designated area of the floodplain, required to carry and discharge flood waters of a given magnitude. For the purpose of this ordinance, the floodway shall be capable of accommodating a flood of the one hundred (100)-year magnitude. P74 I. Historic Structure. -Any structure that is: (a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of Interior as meeting the requirements for individual listing on the National Register; (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district: (c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (d) Individually listed on a local inventory of historic places in co, unities with historic preservation programs that have been certified either; 1. By, an approved state program as determined by the Secretary of the Interior or 2. Directly by the Secretary of the Interior in states without approved programs. J. Manufactured Home. - A structure subject to Federal Regulations, which is transportable in one or more sections; is eight body feet or more in width and forty body feet or more in length in the traveling mode, or is three hundred-twenty (320) or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single family dwelling, with or without a permanent foundation when connected to the required facilities; and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. K. Manufactured Home Park. -Three (3) or more manufactured home lots, tracts or parcels of land, corporately or privately owned, used or offered for use' in whole or part for consideration, for the parking of manufactured homes. L. New Construction. -For the purposes, of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction: means structures for which the "start go construction: commenced on or after the effective date of a floodplain management regulation adopted by a Community and includes any subsequent improvement to such structures. M. Recreational Vehicles. - A vehicle which is: (a) built on a single chassis; (b) four hundred (400) square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use. N. Start of Construction. -The date the building permit was issued, provided the actual start of P75 construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration on any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the building. O. Substantial Damage. -Damage of any origin sustained by a structure whereby the cost of restoring the structure to it's before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damaged occurred. P. Substantial Improvement. -Any reconstruction, rehabilitation addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures which-have incurred, substantial damage" regardless of the actual repair work performed. The term does not, however, include either: (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) any alteration of a "historic structure", provided that the alteration will not preclude the structures continued designation as a "historic structure". Article III. Establishment of Zoning Districts SEC. 23-8. DESCRIPTION OF DISTRICTS. A. Basis of Districts The various floodplain districts shall be those areas subject to inundation by waters of the one hundred (100)-year floods. The basis for the delineation of these districts shall be the Flood Insurance Study (FIS) for Pittsylvania County prepared by the Federal Emergency Management Agency, Federal Insurance Administration. The Floodway District is delineated, for purposes of this ordinance, using the criterion that certain areas within the floodplain must be capable of carrying the waters of the one hundred (100)-year flood without increasing the water surface elevation of that flood more than one (1) foot any point. The areas included in this District are specifically defined in above-referenced Flood Insurance Study and shown on its accompanying Flood Boundary and Floodway Map or Flood Insurance Rate Map. P76 2. The Flood-Fringe District shall be that area of the one hundred (100)-year floodplain not included in the Floodway District. The basis for the outermost boundary of the District shall be the one hundred (100)-year flood elevations contained in the flood profiles of the above referenced Flood Insurance Study and as shown on its accompanying Flood Boundary and Floodway Map or Flood Insurance Rate Map. The Approximated Floodplain District shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a one hundred (100) year floodplain boundary has been approximated. Such areas are shown as Zone A on the maps accompanying the Flood Insurance Study. For these areas, the one hundred (100)-year flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available. Where the specific one hundred (100)-year flood elevations cannot be determined for this area using other sources of data, such as the U.S. Army Corps of Engineers Floodplain Information Reports, U.S. Geological Survey Flood-Prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts, studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the County of Pittsylvania. 4. The Special Flood Plain Area shall be those areas identified in the Flood Insurance study and as shown on the maps accompanying the Study where one hundred (100) year flood elevations have been provided but no flood- has been delineated. B. Overlay Concept 1. The Floodplain Districts described above shall be overlays to the existing underlying districts as shown on the Official Zoning Ordinance Map, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions. 2. Any conflict between the provisions or requirements of the Floodplain Districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply. 3. In the event any provision concerning a Floodplain District is declared inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying provisions shall remain applicable. P77 SEC. 23-9. DISTRICT BOUNDARY DELINEATION MAP. The boundaries of the Floodplain Districts are established as shown on the Flood Boundary and Floodway Map and/or Flood Insurance Rate Map which is declared to be a part of this ordinance and which shall be kept on file at the Pittsylvania County offices. SEC. 23-10. DISTRICT BOUNDARY CHANGES. The delineation of any of the Floodplain Districts may be revised by the Board of Supervisors where natural or man-made changes have occurred and/or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration. SEC. 23-11. INTERPRETATION OF DISTRICT BOUNDARIES. Initial interpretations of the boundaries of the Floodplain Districts shall be made by the Zoning Administrator. Should a dispute arise concerning the boundaries of any of the Districts, the Board of Zoning Appeals shall make the necessary determination. The person questioning or contesting the location of the District boundary shall be given a reasonable opportunity to present his case to the Board of. Zoning Appeals and to submit his own technical evidence if he so desires. Article IV. District Provisions SEC. 23-12. GENERAL PROVISIONS. A. Permit Requirement All uses, activities, and development occurring within any floodplain district shall be undertaken only upon the issuance of a zoning permit and building permit. Such development shall be undertaken only in strict compliance with the provisions of the Ordinance and with all other applicable codes and ordinances, such as the Virginia Uniform Statewide Building Code and the County of Pittsylvania Subdivision Regulations. Prior to the issuance of any such permit, the Zoning Administrator shall require all applications to include compliance with all applicable state and federal laws. Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodway of and watercourse, drainage ditch, or any other drainage facility or system. B. Alteration or Relocation of Watercourse Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction a permit shall be obtained from the U.S. Corps of Engineers, the Virginia State Water Control Board, and the Virginia Marine Resources Commission (a joint permit application is available from any of these organizations). Furthermore, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Division of Soil and Water Conservation (Department of Conservation and Recreation), and the Federal Insurance Administration. P78 C. Site Plans and Permit Applications All applications for development in the floodplain district and all building permits issued for the floodplain shall incorporate the following information: For structures to be elevated, the elevation of the lowest floor {including basement) -For structures to be flood proofed (non-residential only), the elevation to which the structure will be flood proofed. The elevation of the one hundred (100)-year flood. Topographic information showing existing and proposed ground elevations. D. Manufactured Homes Manufactured homes that are placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist floatation collapse and lateral movement. E. Recreational Vehicles Recreational vehicles placed on sites shall either: 1. Be on the site for fewer than one hundred eighty (180) consecutive days, be fully licensed and ready for highway use, or 2. Meet the permit requirements for placement and the elevation and anchoring requirements for manufactured homes in paragraph 4.1 D. above. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devises, and has no permanently attached additions. SEC. 23-13. FLOODWAY DISTRICT. In the Floodway District no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the one hundred (100)-year flood elevation. SEC. 23-14. PERMITTED USES IN THE FLOODWAY DISTRICT. The following uses and activities are permitted provided that they are in compliance with the provisions of the underlying area and are not prohibited by any other ordinance and provided that they do not require structures, fill, or storage of materials and equipment: A. Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. B. Public and private recreational uses and activities, such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, horseback riding and hiking P79 trails, wildlife and nature preserves, game farms, fish hatcheries, trap and skeet game ranges, and hunting and fishing areas. C. Accessory residential uses, such as yard areas, gardens, play areas, and previous loading areas. D. Accessory individual and commercial uses, such as yard areas, pervious parking and loading areas, airport landing strips, etc. SEC. 23-15. FLOOD-FRINGE, APPROXIMATED FLOOD PLAIN, AND SPECIAL FLOOD PLAIN DISTRICT. In the Flood-Fringe, Approximated Flood Plain and Special Flood Plain Districts the development and/or use of land shall be permitted in accordance with the regulations of the underlying district provided that all such uses activities and/or development shall be undertaken in strict compliance with the flood proofing and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances. Within the Approximated Floodplain District, the applicant shall also delineate a floodway area based on the requirement that all existing and future development not increase the one hundred (100)-year flood elevation more than one foot any one point. The engineering principle-equal reduction of conveyance shall be used to make the determination of increased flood heights. Within the floodway area delineated by the applicant, the provisions of Section 4.2 shall apply. Within any Special Flood Plain Areas no new construction or development shall be allowed unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the elevation of the one hundred (100)-year flood more than one (1) foot at any point. SEC. 23-16. DESIGN CRITERIA FOR UTILITIES AND FACILITIES. A. Sanitary Sewer Facilities All new or replacement sanitary sewer facilities and private package sewage treatment plants (including all pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into the flood waters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment. P80 B. Water Facilities All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the system and be located and constructed to minimize or eliminate flood damages. C. Draina~,e Facilities All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The Systems shall ensure drainage away from buildings and onsite disposal sites. Pittsylvania County may require a primazily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties. D. Utilities All utilities, such as gas lines, electrical and telephone systems being placed in flood-prone azeas should be located, elevated (where possible), and constructed to minimize the chance of impairment during a flooding occurrence. E. Streets and Sidewalks Streets and sidewalks should be designed to minimize their potential for increasing and aggravating the levels of flood flow. Drainage openings shall be required to sufficiently dischazge flood flows without unduly increasing flood heights. Article V. Vaziances: Factors to Be Considered SEC. 23-18. VARIANCES. In passing upon applications for Vaziances, the Board of Zoning Appeals shall satisfy all relevant factors and procedures specified in other sections of the zoning ordinance and consider the following additional factors: A. The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or will cause any activity within any Floodway District that increase in the one hundred (100)-yeaz flood elevation. No variance shall be granted for any construction, development, use, or activity within any Special Flood Plain Area that would, together with all other existing and anticipated development, increase the one hundred (100)-year flood elevation more than one (1) foot at any time. B. The danger that materials may be swept on to other lands or downstream to the injury of others. C. The proposed water supply and sanitation systems and their ability of these systems to prevent disease, contamination, and unsanitazy conditions. P81 D. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners. E. The importance of the services provided by the proposed facility to the community. F. The requirements of the facility for a waterfront location. G. The availability of alternative locations not subject to flooding for the proposed use. H. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area. The safety of access by ordinary and emergency vehicles to the property in time of flood. K. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site. L. The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. M. Such other factors which are relevant to the purposes of this ordinance. The Board of Zoning Appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities and the adequacy of the plans for flood protection and other related matters. Variances shall be issued only after the Board of Zoning Appeals has determined that the granting of such will not result in (a) unacceptable or prohibited increases in flood heights, (b) additional threats to public safety, (c) extraordinary public expense; and will not (d) create nuisances, (e) cause fraud or victimization of the public, or (f) conflict with local laws or ordinances. Variances shall be issued only after the Board of Zoning Appeals has determined that variance will be the minimum required to provide relief from any hardship to the applicant. 4. The Board of Zoning Appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the one hundred (100) year flood elevation (a) increases the risks to life and property and (b) will result in increased premium rates for flood insurance. A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. And variances, which are P82 issued, shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator. Article VI. Existing Structures in Floodplain Districts SEC. 23-19. EXISTING STRUCTURES/CONDITIONS. A structure or use of a structure or premises which lawfully existed before the enactment of these provision, but which is not in conformity with these provisions, may be continued subject to the following conditions: A. Existing structures in the Floodway District shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed expansion would not result in any increase in the one hundred (100)-year flood elevations. B. Any modifications, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any floodplain area to an extent or amount of less than fifty percent (50%) of its market value, shall be elevated and/or flood proofed to the greatest extent possible. C. The modification, alteration, repair, reconstruction, or improvement if any kind to a structure and/or use, regardless of its locations in a floodplain area, to an extent or amount of fifty percent (50%) or more of its market value shall be undertaken only in full compliance with the provisions of this ordinance and the Virginia Uniform Statewide Building Code. P83 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 09-21-10 ITEM NUMBER: 11 Enterprise Zone Application SUBJECT/PROPOSAL/REQUEST: ACTION: Yes INFORMATION: Public Hearing STAFF CONTACT(S): William D. Sleeper CONSENT AGENDA: ACTION: ATTACHMENTS: Yes INFORMATION: BACKGROUND: Greg Sides, Assistant County Administrator for Planning and Development, has developed an application for an enterprise zone that would incorporate the Mega Park off of Berry Hill Road. This is an economic tool that assists in locating industries and businesses in industrial parks that are in enterprise zones. DISCUSSION: Enterprise Zone applications are competititve through the Virginia Department of Housing and Community Development. The County would hope that our application meets the criteria and is awarded by the State. It is a requirement that a public hearing be held in order to receive citizen input on proposed enterprise zone applications to the Virginia Department of Housing and Community Development. RECOMMENDATION: Staff recommends the Board of Supervisors open the public hearing on the enterprise zone for the Mega Park, receive citizen input, and approve the proposed enterprise zone application to be submitted to the Virginia Department of Housing and Community Developments. This requires a roll call vote. P84 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 09-07-10 ITEM NUMBER: 17 Set Public Hearing for Enterprise Zone SUBJECT/PROPOSAL/REOUEST: ACTION: Yes INFORMATION: Set Public Hearing Date for Enterprise Zone Application STAFF CONTACT(S): William D. Sleeper CONSENT AGENDA: ACTION: ATTACHMENTS: Yes INFORMATION: BACKGROUND: The Pittsylvania County Board of Supervisors and the City Council of the City of Danville have made application and received approval on a joint enterprise zone which incorporates areas in both Danville and Pittsylvania County. In addition, the County has a detached zone which is located around the Gretna Industrial Park. DISCUSSION: With the proposed development of the Mega Park in the Berry Hiil area of Pittsylvania County it would require the Board of Supervisors and the City of Danville to file for new joint enterprise zone that would incorporate that park and allow additional acreage for other areas in the County that are adjacent to enterprise zones if the Board of Supervisors so chooses to change or modify zones. Because all of our zones are joint zones with the City of Danville, any modifications made by the Board of Supervisors would require approval of the City of Danville before submission to Richmond. To set up a new zone it requires a public hearing. RECOMMENDATION: Staff recommends the Board of Supervisors set a public hearing for a new joint enterprise zone incorporating the Mega Park for Tuesday, September 21, 2010. P85 PUBLIC HEARING NOTICE PITTSYLVANIA COUNTY The Pittsylvania County Board of Supervisors will hold a public hearing on Tuesday, September 21, 2010, to receive citizen input on a proposed Enterprise Zone Application to the Virginia Department of Housing and Community Development, due October 1, 2010. The meeting will be at 7:00 p.m. in the General District Courtroom, second floor, of the Edwin R. Shields Courthouse Addition in Chatham, Virginia. A copy of the proposed application will be available for review in the Office of the County Administrator, 21 North Main Street, Chatham, Virginia between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. P86 Star-Tribune September 15, 2010 PUBLIC HEARING NOTICE PITTSYLVANIA COUNTY The Pittsylvania County Board of Supervisors will hold a public hearing on Tuesday, September 21, 2010, to receive citizen input on a proposed Enterprise Zone Application to the Virginia Department of Housing and Community Development, due October 1, 2010. The meeting will be at 7:00 p.m. in the General Dis- trict Courtroom, second floor, of the Edwin R. Shields Courthouse Addition in Chatham, Virginia. A copy of the proposed application will be available for review in the Office of the County Administrator, 21 North Main Street, Chatham, Virginia between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. P87 Star -Tribune September 8, 2010 PUBLIC HEARING NOTICE PITTSYLVANIA COUNTY The Pittsylvania County Board of Supervisors will hold a public hearing on Tuesday, September 21, 2010, to receive citizen input on a proposed Enterprise Zone Application to the Virginia Department of Housing and Community Development, due October 1, 2010. The meeting will be at 7;00 p.m. in the General Dis- trict Courtroom, second floor, of the Edwin R. Shields (Courthouse Addition in Chatham, Virginia. A copy oft the proposed application will be available for review in the Office of the County Administrator, 21 North Main Street, Chatham, Virginia between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. P88 R ~F ~' Part 2 -Local Incentive Narrative (Complete one for each of the proposed incentives) Pro osed Ente rise Zone Name: Incentive #: 1 Locality/Provider: Name:Real Estate Tax Grant Danville-Pittsylvania Regional Authority Description: A grant based on the increase in assessed value due to real property improvements associated with new building construction and Qualification Requirements: New Constr. -Improvements with minimum asses ed value of $200,000 and 25 new jobs. Ex ansion -value of $100,000 and 15 new ~obs expansions in the zone. Grant amount is: Year 1 75% of the increase in assessed value Year 2 50% of the increase in assessed value Year 3 25% of the increase in assessed value Exclusive to Zone: ®Yes ^ No, please explain how incentives will be tailored to Zone Encourages businesses to locate and expand by lowering initial start-up costs. period of Availability: Life of Zone Financial Value of Incentive: Effective Date: Value will vary with investment. U on Zone Des anon Action to Implement: Source of Funds: ^ Local Ordinance Foregone Revenue ® Approval by Board of Supervisors ^ Other, Annual Budget Allocation, pending approval: N/A Incentive #: 2 Locality/Provider:Danville-Pittsylvania Regional Name: Machinery and Tools Tax Grant Description: A grant based on the assessed tax for newly purchased or newly leased machinery and tools Qualification Requirements: New Constr. -Creation of at least 25 new jobs Expansion -Creation of at least 15 new jobs associated with new or expanding businesses within the zone. Grant amount is equal to: Exclusive to Zone: Year 1 75% of assessed M&T tax ®Yes Year 2 50% of assessed M&T tax Year 3 25% of assessed M&'T tax ^ No, please explain how incentives will be tailored to Zone Encourages businesses to locate and expand by lowering initial start-up costs. Period of Availability• Life of Zone Financial Value of Incentive: Effective Date: Value will vary with investment Upon Zone Designation Action to Implement: Source of Funds: ^ Local Ordinance Foregone Revenue ® Approval by $oard ^ Other, Annual Budget Allocation, pending approval: N/A Virginia Enterprise Zone Application For 2010 Designation 13 EZ-1 Revised 7-2010 P89 Part 2 -Local Incentive Narrative (Complete one for each of the proposed incentives) Pro osed Ente rise Zone Name: Incentive #:3 Locality/Provider: Name:Job Creation Grant Danville-Pittsylvania Regional Facility Autho Description: Qualification Requirements: Grant payment of $250 per grant eligible, Must create a minimum of 25 new jobs. Job full-time permanent job.Same eligibility grants are limited to 500 jobs and maximum of requirements as the Virginia Enterprise Zone $125,000 er business annuall . Job Creation Grant, without the four net Exclusive to Zone: new permanent full-time position threshold. ®Yes ^ No, please explain how incentives will be tailored to Zone Encourages location of new industries and expansion of existing businesses by reducing period of Availability: start-up costs of hiring new employees. Life of Zone Financial Value of Incentive: Effective Date: Maximum of 500 jobs at $250 = $125,000 U on Zone Des' anon Action to Implement: Source of Funds: ^ Local Ordinance Local General Funds ® Approval by Board of Supervisors ^ Oth r Annual Budget Allocation, pending approval: , e X125,000 Incentive #: 4 Locali JProvider: Pitts lvania Coun Name: Development Permit Fee Waiver Qualification Requirements: Description: New Constr. -Must create at least 25 new jobs Waiver of 100% of the cost of Building, Expansions -Must create at least 15 new jobs Zoning and Land Disturbing permit fees for eligible new construction and expansions Exclusive to Zone: in the zone. ®Yes ^ No, please explain how incentives will be tailored to Encourages job creation from new construction Zone and expansions by reducing start-up costs. Period of Availability: Life of Zone Financial Value of Incentive: Effective Date: Maximum Permit Fee - $10,000 Upon Zone Designation Action to Implement: Source of Funds: ^ Local Ordinance Foregone Revenue ® Approval by Board ^ Oth Annual Budget Allocation, pending approval: er, N/A Virginia Enterprise Zone Application For 2010 Designation ]3 EZ-1 Revised 7-2010 P90 ~ ~~ f' Part 2 -Local Incentive Narrative (Complete one for each of the proposed incentives) Pro osed Ente rise Zone Name: Incentive #:5 Locality/Provider: Name:Water and Sewer Fee Reimb Danville-Pittsylvania County Regional Authori Description: Qualification Requirements: Reimbursement of the water and sewer New construction of at least 50,000 sq. ft. connection fee charged by the Pittsylvania and creation of at least 25 new grant County Service Authority for new construction e ' ~ble, full-time ermanent 'obs. in the zone. Exclusive to Zone: ® Yes ^ No, please explain how incentives will be tailored to Encourages new construction and expansions Zone to create new jobs by reducing construction and start-up costs. Period of Availability: Life of Zone Financial Value of Incentive: Effective Date: Typical large connection fee - $10,000 U on Zone Des' anon Action to Implement: Source of Funds: ^ Local Ordinance Local General Funds ® Approval by Board of Supervisors ^ Oth r Annual Budget Allocation, pending approval: e , $20,000 Incentive #: 6 Locali /Provider: Pitts lvania Coun Name: Fast Track Permitting Qualification Requirements: Description: New constr. -Must create at least 25 new jobs A Permit Coordinator will be assigned to all Expansions -Must create at least l5 new jobs qualifying businesses locating in the zone to expedite the entire local permitting process. Exclusive to Zone: ® Yes ^ No, please explain how incentives will be tailored to Encourages new development and job creation Zone by reducing time for planning and development Period of Availability: Life of Zone Financial Value of Incentive: Effective Date: Value to business varies based on time saved Upon Zone Designation Action to Implement: Source of Funds: ^ Local Ordinance None ® Approval by Board ^ Other Annual Budget Allocation, pending approval: , N/A Virginia Enterprise Zone Application For 2010 Designation ~ 3 EZ-1 Revised 7-2010 P91 1; ~~~~f ~~ Part 2 -Local Incentive Narrative (Complete one for each of the proposed incentives) Pro osed Ente rise Zone Name: Incentive #:7 Locality/Provider: Name:Discount of Sites Danville-Pittsylvania Regional Authority Description: Qualification Requirements: Industrial sites in the Mega Industrial Site Eligibility will be determined based on enterprise zone located in Pittsylvania Co., private capital investment and job creation that are owned or controlled by the County ex ectations documented in Performance A eem or the Regional Authority, will be sold at Exclusive to Zone: below market rate prices to targeted business ®Yes ^ No, please explain how incentives will be tailored to Zone Encourages new businesses to locate in the zone due to reduced development costs. Period of Availability: Life of Zone Financial Value of Incentive: Effective Date: Value of 100 acre site: $1 to $2.5 million U on Zone Des' ation Action to Implement: Source of Funds: ^ Local Ordinance Foregone Revenue ® Approval by Board of Supervisors Annual Budget Allocation, pending approval: ^ Other, N/A Incentive #: 8 Locali /Provider:VEDP and VA Tobacco Comm. Name: Infrastructure Improvements Qualification Requirements: Description: MEI grants are limited to sites capable of The proposed Mega Industrial Site Enterprise producing private investments of $250 million Zone location is eligible for Major and the creation of at least 400 'obs. Employment and Investment (MEI) grants Exclusive to Zone: from VEDP and the Tobacco Commission to ®Yes be used for infrastructure and site [] No, please explain how incentives will be tailored to improvements. These grants, along with EZ Zone. incentives will leverage private investments. Infrastructure and improvements reduce Period of Availability: major initial costs to new industries. Life of Zone Financial Value of Incentive: Effective Date: Initial VEDP - $5 mill. Tob. Co. - $100 mill. Upon Zone Designation Action to Implement: Source of Funds: ^ Local Ordinance VEDP, Tobacco Comm. -Local matching funds ® Approval by Board Annual Budget Allocation, pending approval: ^ Other, $500,000 for local match Virginia Enterprise Zone Application For 2010 Designation EZ-1 Revised 7-2010 ] 3 P92 ~~f~~ I y n ~~-`~ ~ tp @;--5 e! $C S ~ I I ch ~~ ~'~ Y/ 9~ ra!/L~L1n LV GJ ~ T4~ U ~ ~ ~ i I z G ~( /,p ~ m ~ Z F ~ I - .N m ~` I ~~~ ~ o ' F < ~ '~~ ti I I 'po I / - I ~~ ~ XI LF RU yGl OAX NII.I XD •Y6:, I I ,15 , I ~19, 3r 4 ~~~ J/ f '~ / ~ °"` f ~ I ~ o z I J~,r~ *e a ~ ~ I ,~ / I \ I ~'i t \ I I I i _ ~ y~AS,, r I ~ /~ w / ~~ Y. l ~ ( V a ~ ~ r,! 'J X11 I / 4 J ~ ~ ^f J ,Q, I b C / / a ~ I I h I ~, I I `~ ~ J,, rO I ~ ~` o b ~ b I ~ ti ~ h RI~FORD RU ~ ti a yy 'b ~ , N ~ ~ A A b ~~ ~• I ~ ~ .e ~ ~ c ,y y ti o z e I I 1 wa • ' y~ : 7 a ~ ~ h, _ / \ r ~ ~i °n P93 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Lease of County Property -Gretna AGENDA DATE: 09-21-10 ITEM NUMBER: 12 SUBJECT/PROPOSAL/REQUEST: Public Hearing -Lease of County Property STAFF CONTACT(S): William D. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes INFORMATION: INFORMATION: BACKGROUND: The Board of Supervisors has been reviewing the required lease requirements to assign the current lease on County property behind the Gretna Library, which contains the Gretna MSAP. This facility was built, zoned, and operated by Future of the Piedmont. Future of the Piedmont has agreed to assign the property to Mid Atlantic Broadband, Inc., anon-profit corporation, designed to improve broadband service in southside Virginia. DISCUSSION: In accordance with requirements of §15.2-1800 of the Code of Virginia, 1950, as amended, the Board of Supervisors is holding a public hearing to receive citizen input on the proposed lease of interest in County property prior to the approval of that lease. The Board will open the public hearing and receive citizen input concerning this project. RECOMMENDATION: Staff recommends the Board of Supervisors approve the assignment of the lease to Mid Atlantic Broadband, Inc. from Future of the Piedmont in the name of Pittsylvania County for the Gretna MSAP and authorize the County Administrator to sign all necessary documentation following the approval of legal counsel. P94 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 09-07-10 ITEM NUMBER: 11 Mid Atlantic Broadband-Gretna MSAP ACTION: Yes INFORMATION: SUBJECT/PROPOSAL/REQUEST: Agreement Authorizing Assignment CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): William D. Sleeper ATTACHMENTS: Yes BACKGROUND: Mid Atlantic Broadband is anon-profit corporation that has been working with the Virginia Tobacco Commission to provide broadband Ethernet cable service along the U.S. RT 58 and RT 29 corridors along southside Virginia. In order to continue to operate all the facets of the required infrastructure, it is necessary that the Board of Supervisors approve an agreement that allows the Future of the Piedmont Corporation to transfer its interest in a lease with Pittsylvania County to Mid Atlantic Broadband in Gretna, Virginia, concering the multi-source access point. (MSAP) DISCUSSION: RECOMMENDATION: Staff recommends that the Board of Supervisors approve the assignment of the lease of the Gretna MSAP facility from Future of the Piedmont to Mid Atlantic Broadband, Inc., anon-profit corporation. P95 PUBLIC HEARING NOTICE The Board of Supervisors of Pittsylvania County will hold a public hearing in accordance with 15.2-1800 of the Code of Virginia, 1950, as amended, on Tuesday, September 21, 2010, at 7:00 p. m, in the General District Courtroom located on the second floor of the Edwin R. Shields Courthouse Addition in Chatham, Virginia to receive citizen input on the lease of County property by Mid Atlantic Broadband, anon-profit corporation on that is receiving the proposed assignment of lease from the Gretna MSAP facility from Future of the Piedmont, A full text concerning this public hearing is available in the office of the County Administrator, 21 North Main Street, Chatham, Virginia, Monday through Friday from 8:00 a. m. to 5:00 p. m. for public viewing. P96 Danville Register & Bee September 10, 2010 P97 Danville Register & Bee September 17, 2010 P98 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 09-07-10 ITEM NUMBER: 11 Mid Atlantic Broadband-Gretna MSAP ACTION: Yes INFORMATION: SUBJECT/PROPOSAL/REOUEST: Agreement Authorizing Assignment CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): William D. Sleeper ATTACHMENTS: Yes BACKGROUND: Mid Atlantic Broadband is anon-profit corporation that has been working with the Virginia Tobacco Commission to provide broadband Ethernet cable service along the U.S. RT 58 and RT 29 corridors along southside Virginia. In order to continue to operate all the facets of the required infrastructure, it is necessary that the Board of Supervisora approve an agreement that allows the Future of the Piedmont Corporation to transfer its interest in a lease with Pittsylvania County to Mid Atlantic Broadband in Gretna, Virginia, concering the multi-source access point. (MSAP) DISCUSSION: RECOMMENDATION: Staff recommends that the Board of Supervisors approve the assignment of the lease of the Gretna MSAP facility from Future of the Piedmont to Mid Atlantic Broadband, Inc., anon-profit corporation. P99 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Mid Atlantic Broadband-Gretna MSAP SUBJECT/PROPOSAL/REOUEST: Lease Assignment STAFF CONTACT(S): William D. Sleeper 08-02-2010 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes 19 INFORMATION: INFORMATION: BACKGROUND: In 2002, the Pittsylvania County Board of Supervisors worked with Future of the Piedmont to lease space at the Gretna MSAP for the location of electronic equipment necessary for broadband service to Gretna, Virginia. DISCUSSION: I have received a request from Mid Atlantic Broadband Cooperative to grant a consent of an assignment of a lease dated November 11, 2002 between the Pittsylvania County Board of Supervisors and Future of the Piedmont Foundation to Mid Atlantic Broadband Cooperative as Future of the Piedmont request to assign a Deed of Lease to Mid Atlantic Broadband Cooperative from the Gretna MSAP. RECOMMENDATION: Staff recommends the Board of Supervisors authorize a letter to be written to Mid Atlantic Broadband Cooperative; that the Board of Supervisors does not oppose the assignment of a lease pending legal review and approval from legal counsel and a letter from the Future of the Piedmont Foundation signed by a designated officer requesting that such assignment of lease be carried out on the behalf of Mid Atlantic Broadband Cooperative. P100 July 12, 2010 Mid-Atlantic Broadband Cooperative 1100 Confroy Drive, Suite 4 South Boston, VA 24592 Attention: Gray Ramsey, General Manager Dear Mr. Ramsey: It has come to our attention that the Future of the Piedmont Foundation wishes to assign that certain Deed of Lease (the "Lease") between the Board of Supervisors of Pittsylvania County, Virginia (the "Board") and the Future of the Piedmont Foundation, made and entered into on November 11, 2002, to Mid-Atlantic Broadband Cooperative, South Boston, Virginia. The Board hereby consents to such assignment of the Lease. Regards, William D. Sleeper Pittsylvania County Administrator 66747.000001 EMF US 31594041v2 P101 COPY DEED OF LEASE ,~ This DEED OF LEASE, made and entered into this 11th day of November; 2002, by and between the Board of Supervisors of Pittsylvania County, Virginia, hereinafter referred to as the "Lessor", and the Future of the Piedmont Foundation, a Virginia.Non-Profit Corporation, hereinafter referred to as the "Lessee". WITNESSETH For and in consideration:ofthc terms; conditions; covenants, promises and agreements herein made, and for and in the consideration of $1.00 per year paid by the Lessee to the Lessor, Lessor hereby leases and demises unto Lessee the. following described real property, hereinafter referred to as the "Demised Premises", and described as follows: All that.certain lot or parcel of land; lying and being in the Town of Gretna; Pittsylvania County,.Virgiriia; near the south side of Coffey Street, being a 40' by 50'.rectangularparccl, located on the property of Lessor upon which sits the Gretna Library, together with anon-exclusive easement for.vehicular access upon and across a certain gravel.dxive to and from the parcel from S.R. 1303 (Coffey Street), all. as shown on that "~ survey entitled "Pittsylvania County, Virginia, Callands-Gretna Magisterial District, Plat of Survey For: Pittsylvania County Board of Supervisors"; dated November 12, 2002;, prepared by D.ewbenry c4i Davis; Inc., which is incorporated herein by reference; along with reasonable access to said parcel for purposes consistent with the use of the leased . parcel as a Multimedia Service Access Point: . INITIAL TERM OF LEASE: The Demised Premises are hereby leased to Lessee for a period often (10} years and twenty (2Q) days, beginning on the.l lth day of November, 2002 and temunating on the 30th day of November, 20.12. 2. RENT: Lessee covenants.to pay Lessor the sum of one dollar ($1.00) per year, in the total amount often dollars ($10.00) for the initial term of this lease payable in advance, as rent during the ftrst: term of the.lease. . Rent shall be made payable to the Treasurer of Pittsylvania County;.and mailed to the Office of County Administrator, P.O. Box 426, Chatham, Virginia 24531, or ~..~ P102 to such other party. and such .other place as Lessor may fi om time to Cime designate in writing as provided herein. In addition to the consideration aforesaid, .Lessee shall install the necessary lines, at no cost to the Lessor, which would permit the use of MSAP service by the Library, Gretna High School, and the~Gretna Middle School, provided that Lessor -would be responsible for the user fees.or other charges for use of such MSAP services as aze customarily chazged to customers of such MSAP services. 3. PURPOSE AND USE OF DEMISED .PREIvIISES: The Demised Premises are . leased to be used and occupied by Lessee and their agents, employees and assigns, for the..sole and exclusive use of the Demised Premises as a MSAP. 4. AELNERY' OF POSSESSION:..Lessor.covenants to deliver quiet possession.of the Demised Premises at the commencement of the initial term and Lessor agrees . to obtain any necessary.zoning approvals for use of the Demised Premises for the purpose described in Paragraph 3 above. ~~: 5. ARCHITECTURAL AND CONSTRUCTION REQUIREMENTS: Lessee agrees that~it shall.cdnstruct only a single primary structure on the Demised Premises and one secondary structure for purposes of housing a generator as shall be required 'for the operation of the facility. The structure housing,the geiieratnr and.any fencing around the gerierator:shall be constructed in such a manner as to be appropriate to create a reasonably safe barrier.to.prevent children from having any unsafe contact with said generator: The primary structure~shall have an external appearance generally consistent with the external appearance of the Gretna Library, including the same type of brick exterior, door frames; generally consistent roof pitch, generally consistent roof covering and shingles, and generally consistent window exterior, if applicable. All skirting, dormers, soffit, and any at~d all other external components of the primary structure shall tie P103 ~~. generally consistent with that of the Gretna Library. Lessee agrees that it shall, prior to initiation of construction, permit review of its specifications and construction plans,by.the County Administrator for Pittsylyania County. The County Administrator shall promptly review such.plans and specifications and shall not unreasonably withhold his approval of such plans and specifications if they are consistent with the terms of this.lease. 6. RENEWAL OF LEASE: Unless. otherwise terminated as herein provided, at the end of the initial term, this lease shall automatically renew and continue in full force.and effect from year toyear ("renewal term") at the same annual rental rate of One Dollar ($.1.00), for each renewal term of twelve (12) months each, and subject to all.terms, conditions, covenants, promises and agreements herein contained, and such twelve month renewal terms shall continue to renew automatically unless terminated by either party in. such manner and at such time as hereinafter provided for termination of the initial term. ~~ 7.. TERMINATION: This lease and any renewal term of this lease maybe terminated by either party only upon written notice to the other party by certified or registered mail, return receipt requested, at least ninety (90) days. prior to the expiration of the initial term or any renewal.term; otherwise, this lease shall renew and coritinue'as provided in paragraph six.. Upon the expiration or termination of this lease, Lessee may remove, at Lessee's expense, any improvements located on the Demised Premises, provided that Lessee repairs any damage to the Demised Premises caused by such removal. in the event that Lessee does not remove any such improvements within thirty (30) days after the expiration or termination of this lease; such improvements shall be deemed, and thereafter shall be, the property of Lessor. P104 8. NOTICE: Any notice required or contemplated to be given to any of the parties by .~ any other party shall be in writing and dial] be given by hand delivery; certified.or registered United States mail, or a. private courier service which provides evidence of receipt as part of its service, .as follows: (i) To Lessor: Board of Supervisors of Pittsylvania County, Virginia c/o County Administrator of Pittsylvariia County, Virginia 11 North.IVlain Street'. Chatham, Virginia 24531 (ii) To Lessee: Future of the Piedmont Foundation Attention: Ben J. Davenport, Jr. c/o First )?iedmont Corporation 108 South Main Street Chatham, Virginia 24531 Any party may change the. address to which notices hereunder are to be sent to it by giving written notice of such ohange in the manner herein provided. A notice given hereunder shall be deemed given on: (i) the date of hand delivery, (ii) if by registered or certified mail, three days after deposit with the United States Postal Service properly. addressed .and postage.prepaid, or (iii) if delivery by private courier service, two Business Days after delivery to a courier service properly addressed with- all charges prepaid; as appropriates For the purposes of this . Section, "Business Days" shall mean Monday through Friday, except to the extent that any such day is a holiday generally recognized. for federal employees. 9. BINDING UPON SUCCESSORS: This lease shall be binding upon the parties hereto and their successors in interest, including but not limited to heirs, assigns or purchasers. 4 P105 10. LIABILITY: The Lessor sha]1 not be liable to Lessee .or any other person for any loss or damage suffered during the lease on account of any defective condition or depreciation of, the Demised -Premises or any equipment on the Demised Premises and Lessee shall assume all risks to persons or property. due to latent or patent defects in the premise and fixtures thereon, Lessee hereby agrees; for itself, its heirs, and assigns; to iniemnify Lessor, its agents and employees, against all claims; demands, and liabilityfor any loss, damage, injury, dr other casualty to person or property, whether that of either of the parties hereto or of third persons, caused by or occumng in connection with Lessee's use and occupancy of the Demised Premises, structures, equipment, appliances, ar fixtures located on or to be located thereon, whether due to Lessee's negligence or otherwise, unless such damage or injury is caused by the negligence or willful conduct of Lessor, its agents;. employees, or contractors. 11. APPLICABLE LAW; 1/NTIRE UNDERSTANDING: This lease shall be .,~. governed by the applicable laws of the. Commonwealth of Virginia. This lease, including exhibits, and/or attachments, expresses the etttire understanding and all agreements of the parties. Neither party has.made.or shall be bdund by any. agreement or representation to the other party which is not expressly set forth herein or in the attachments or exhibits attached hereto. 12. MODIFICATION: This Deed afLease shall not be modified, altered or amended except by written agreement executed by the parties hereto with the same formality as this agreement: 13. PARAGRAPH HEADINGS: Headings to the .paragraphs are mere.catch words and are illustrative only; they do not form a part of this lease nor are they intended to be used in construing the same: 5 P106 14. SEVERABILITY: A.ny provision of this lease which is prohibited by, or unlawful, or unenforceable under Virginia law shall be ineffective only to the extent of such prohibition, without invalidating the remaining provisions of this lease. 15. ASSIGNMENT AND SUBLETTING: The.Lessee shall not assign this lease or sublet any part of the Demised.Premises without the Lessor's prior written consent, which consent shall not be unreasonably withheld.. 16. INSPECTION OF P1~MISES: Lessor specifically reserves the right to inspect the Demised Premises in its entirety upon reasonable notice to Lessee. 17. BREACH BY LESSEE: If (a) Lessee commits a material breach of this lease; (b) Lessee denies Lessor's exercise of-any rights under this lease or by. law; or (c) the Demised Pt'erriises are used by Lessee or others for at~y illegal purposes, Lessor will have the right, upon written notice to Lessee and the failure of Lessee within thirty (30) days after receipt of such notice t~ cure or substantially begin the cure of such breach, to enter and take possession through legal pXOCeedings, or if the Demised Preiitises are abandoned, to enter and take possession by any lawful means, The Demised Premises shall:be deemed abandoned if no agent of Lessee is present on the Demised Premises fora period exceeding thirty (30) days. In addition, Lessor will have the right to puisue all other remedies available, including a claim for damages. If Lessor pursues any such remedies (and regardless of whether such remedies are prosecuted to judgment), Lessee will be liable as follows: (1) For all past due rent and other chazges; (2) For all additional rent (future rent) that would have accrued until the expiration of the then current term of this lease (or until a new lease term between Lessor and another tenant begins, if eazlier), provided (i) that this 6 P107 will not affect Lessor's duty to minimize the damages by making reasonable efforts to enter into anew lease with another tenant as soon as practicable, and (ii) that if Lessor obtains a judgment for.future rent, Lessor shall apply as a credit towards the:judgment all funds received by Lessor as rent for the Demised Premises for those months foi which the judgment for future rent was awarded. (3) For all expenses the Lessor may incur for cleaning, painting, and repairing the Demised Premises due to Lessee's failure tb leave the Demised Premises reasonably clean. and in good condition, reasonable wear and tear accepted. (4) For any court cost and reasonable attorney's fees incurred by Lessor (i) in collecting rent or other charges or damages, and (ii) in obtaining possession of the Demised. Premises. If Lessee has breached this lease by failing to pay rent when due;.Lessor shall give a :~ written notice to. Lessee. stating that the lease will terminate. within five .(5) days if.the rent is.not paid. If Lessee fails to pay the rent within that five (5) days, Lessor may terminate the lease and proceed to obtain possession.of the.Dern~ised Premises by.filing any unlawful detainer proceeding. Without limiting Lessor's remedies, in that proceeding, Lessor may.pursue a claim for the entire amount of rent due and payable under the full term of the lease. In connection with breaches other than the failure to. pay rent; if a material non- compliance with the lease by i,essee.occurs, Lessor may.serve Lessee with a written notice stating the acts or omissions constituting such breach and stating (i) that the lease will terminate upon a date no.t less than thirty (30) days after Lessee .receives.the notice. unless the breach is remedied within thirty (30) days, and (ii) that the. lease will terminate as set forth in the notice. If the breach is remedied by.Lessee within thirty (30) days of such notice, or such longer period of time as the Lessor may allow, the lease shall not terminate. If such breach is not so remedied, 7 P108 Lessor's written notice to Lessee may state that the lease will terminate upon a specific date, which date may not be less than thirty (30) days after Lessor receives the notice. 18. AUTHORITY TO SIGN: The pexsons signing this lease on behalf of the parties to this lease hereby represent and warrant that they. have the authority to sign this lease on behalf of the party for whom they are.signing. In WITNESS WHEREOF, the parties have affixed their signatures and seals, LESSOR: PITTSYI,V~NIA COUNTY BOARD OF SUPERVISORS, William D: Sleeper, Pittsylvania Counh!_Administrator By; LESSEE: ~~ll>~ . ~~~ ( ignature) (T' e) ~ r u~rux>; OF THE PIEDMONT FOUNDATION .. . ' ~ By: f 1 ~a- (Signature) (Title) COMMONWEALTH OF VIRGINIA CITY/COUNTY .0]~ ~ to-wit:. re.foiegoing Lease Agreement was aclrnowledged before me by l~~ on the _, day of ~ _, 20a;,~, in the jurisdic ' n aforesaid: . My commission expires: / 0.5"~: Not Public P109 COMMONWEALTH OF VIRGINIA ~.... CITY/EO~FFY OF :J.C~I YI ~l .I I~:. , to=wit: . TI-e foregoing Lease Agreement was acknowledged before e by Ci~t`-' e,5 ~ ` on the o2:0~ day of , 20~, in the jurisdi tion a oresaid.. My commission expires: ~ ~ 1~ ~ J c~-~ ~. tary Public APPROVED AS TO FORM: PITTSYLVANIA COUNTY ATTORNEY DATE P110 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Public Hearing Proposed Amendments to Chapter 12 09-21-10 of the Pittsylvania County Code SUBJECT/PROPOSAL/REOUEST: Morals, Decency, and Community Standards STAFF CONTACT(S): William D. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: 13 INFORMATION: INFORMATION: BACKGROUND: On the request by an individual from Maryland concerning topless dancing in Pittsylvnia County, the Board of Supervisors requested Legal Counsel to draft an ordinance that would help establish morals, decency, and community standards in Pittsylvania County that may assist in the control of operations of items in the County the Board felt did not meet the community standards. DISCUSSION: The Board of Supervisors was required to hold a public hearing concerning the amendments to Chapter 12 to add Article I and Article II, establishing general definitions and violations concerning obscene exhibitions and performances as well as Article II defining offenses related to juveniles concerning unlawful sale, act, and presentations. RECOMMENDATION: Staff recommends the Board of Supervisors approve the amendments to Chapter 12 of the Pittsylvania County Code. This requires a roll call vote. P111 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 09-07-10 ITEM NUMBER: 15 Ordinance Involving Moral Decency and Community Standards ACTION: Yes INFORMATION: SUBJECT/PROPOSAL/REQUEST: New Ordinance on Community Standards CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): William D. Sleeper ATTACHMENTS: Yes BACKGROUND: Recent inquiries from out-of--state individuals concerning required permits and zoning for the operation of a topless dancing or strip club in Pittsylvania County has provoked the interest of a number of members of the Board of Supervisors since the County does not have a local ordinance prohibiting such activity. DISCUSSION: The Honorable Coy E. Harville of the Westover District was concerned since the proposed facility was located in that district and has requested the Board of Supervisors consider the development and adoption of an ordinance that would prohibit topless or nude dancing within the confines of Pittsylvania County. Attached is a proposed ordinance from Legal Counsel that set some community standards that are the most stringent permitted in a local ordinance but will not necessarily stop the activity that members of the Baord are concerned with. This is submitted to the Board of Supervisors for their consideration, review and comment. RECOMMENDATION: Staff recommends the Board of Supervisors direct County Administration and Legal Counsel to draft a required ordinance and/or to set public hearings as may be the desire of the Board of Supervisors. P112 PUBLIC HEARING NOTICE The Board of Supervisors of Pittsylvania County will hold a public hearing on Tuesday, September 21, 2010, at 7:00 p. m. in the General District Courtroom located on the second floor of the Edwin R. Shields Courthouse Addition in Chatham, Virginia to receive citizen input on the proposed amendment the Pittsylvania County Code; Chapter 12-Moral Decency and Community Standards. A full text concerning this public hearing is available in the office of the County Administrator, 21 North Main Street, Chatham, Virginia, Monday through Friday from 8:00 a. m. to 5:00 p. m. for public viewing. P113 Danville Register & Bee September 10, 2010 P114 Danville Register & Bee September 17, 2010 PUBLIC HEARING NOTICE The Board of Supervisors of Pittsylvania Coun- ty will hold a public hearing on Tuesday, ,S,ep- tember 2i, 2010, at 7:00 p. m: in the General'Qis- trict Courtroom located on the second floor of the Edwin R. Shields Courthouse Addition in Chatham, .Virginia to receive citizen input on the proposed amendment to the Pittsylvactia County Code; .Chapter 12-Moral Decency and Cornmrrnity Standards. A full text concerning this public hearing is available in the office of the County Administrator, 21 North Mein Street, Chatham, Virginia, Monday through Fri- day from 8:00 a. m. to 5:00 p. m. far pabllc vieyv- ing. P115 Proposed Chapter _ OBSCENITY* *State law references: Authority of the Board of Supervisors to adopt ordinance similar to provisions of this chapter, Code of Virginia, § 15.2-926.2 Art. I. In General, §§ Art. II. Offenses Relating to Juveniles, §§ ARTICLE I. IN GENERAL Sec. .Violations of chapter generally. Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 1 misdemeanor. State law references: Similar provisions with respect to violations of state law on obscenity, Code of Virginia, § 18.2-380. Sec. "Obscene" defined. The word "obscene," where it appears in this chapter, shall mean that which, considered as a whole, has as its dominant theme or purpose an appeal to the prurient interest in sex, that is, a shameful or morbid interest in nudity, sexual conduct, sexual excitement, excretory functions or products thereof or sadomasochistic abuse, and which goes substantially beyond customary limits of candor in description or representation of such matters and which, taken as a whole, does not have serious literary, artistic, political or scientific value. State law references: Similar provisions, Code of Virginia, § 18.2-372. Sec. Obscene items enumerated. Obscene items shall include: (1) Any obscene book; or (2) Any obscene leaflet, pamphlet, magazine, booklet, picture, painting, bumper sticker drawing, photograph, film, negative, slide, motion picture, videotape recording; or (3) Any obscene figure, object, article, instrument, novelty device or recording or transcription used or intended to be used in disseminating any obscene song, ballad, words or sounds. (4) Any obscene writing, picture or similar visual representation, or sound recording, stored in an electronic or other medium retrievable in a perceivable form. P116 State law references: Similar provisions, Code of Virginia, § 18.2-373 Sec._ . Production, publication, sale, possession, etc., of obscene items. (a) It shall be unlawful for any person knowingly to: (1) Prepare any obscene item for the purposes of sale or distribution; or (2) Print, copy, manufacture, produce or reproduce any obscene item for purposes of sale or distribution; or (3) Publish, sell, rent, lend, transport in intra-county commerce or distribute or exhibit any obscene item, or offer to do any of these things; or (4) Have in his possession, with intent to sell, rent, lend, transport or distribute, any obscene item. (b) Possession in public or in a public place of any obscene item shall be deemed prima facie evidence of a violation of this section. © For the purposes of this section, "distribute" shall mean delivery in person, by mail, messenger or by any other means by which obscene items may pass from one person to another. State law references: Similar provisions, Code of Virginia, § 18.2-374. Sec. Obscene exhibitions and performances generally. It shall be unlawful for any person knowingly to: (1) Produce, promote, prepare, present, manage, direct, carry on or participate in any obscene exhibition or performance, including the exhibition or performance of any obscene motion picture, play, drama, show, entertainment, exposition, tableau or scene; provided, that no employee of any person or legal entity operating a theatre, garden, building, structure, room or place which presents such obscene exhibition or performance shall be subject to prosecution under this section, if the employee is not the manager of the theatre or an officer of such entity, and has no financial interest in such theatre other than receiving salary and wages; or (2) Own, lease or manage any theatre, garden, building, structure, room or place and lease, let, lend or permit such theatre, garden, building, structure, room or place to be used for the purpose of presenting such obscene exhibition or performance or to fail to post prominently therein the name and address of a person resident in the P117 locality who is the manager of such theatre, garden, building, structure, room or place. State law references: Similar provisions, Code of Virginia, § 18.2-375. Sec. Advertising obscene items, exhibitions or performances generally. It shall be unlawful for any person knowingly to prepare, print, publish or circulate, or cause to be prepared, printed, published or circulated, any notice or advertisement of any obscene item referred to in section or of any obscene performance or exhibition referred to in section ,stating or indicating where such obscene item, exhibition or performance may be purchased, obtained, seen or heard. State law references: Similar provisions, Code of Virginia, § 18.2-376. Sec. Obscene placards, posters, bills, etc. It shall be unlawful for any person knowingly to expose, place, display, post up, exhibit, paint, print or mark, or cause to be exposed, placed, displayed, posted, exhibited, painted, printed or marked, in or on any building, structure, billboard, wall or fence, or on any street or in or upon any public place, any placard, poster, banner, bill, writing or picture which is obscene or which advertises or promotes any obscene item referred to in section or any obscene exhibition or performance referred to in section , or knowingly to permit the same to be displayed on property belonging to or controlled by him. State law references: Similar provisions, Code of Virginia, § 18.2-377. Sec. Coercing acceptance of obscene articles or publications. It shall be unlawful for any person, firm, association or corporation, as a condition to any sale, allocation, consignment or delivery for resale of any paper, magazine, book, periodical or publication, to require that the purchaser or consignee receive for resale any other article, book or other publication which is obscene; nor shall any person, firm, association or corporation deny or threaten to deny any franchise or impose or threaten to impose any penalty, financial or otherwise, by reason of the failure or refusal of any person to accept such articles, books or publications, or by reason of the return thereof. State law references: Similar provisions, Code of Virginia, § 18.2-378. Sec. Obscene photographs, slides and motion pictures. Every person who knowingly: P118 (1) Photographs himself or any other person, for purposes of preparing an obscene film, photograph, negative, slide or motion picture for purposes of sale or distribution; or (2) Models, poses, acts or otherwise assists in the preparation of any obscene film, photograph, negative, slide or motion picture for purposes of sale or distribution; shall be guilty of a Class 3 misdemeanor. State law references: Similar provisions, Code of Virginia, § 18.2-382. Sec. Indecent exposure. Every person who intentionally makes an obscene display or exposure of his person, or the private parts thereof, in any public place, or in any place where others are present, or procures another to so expose himself, shall be guilty of a Class 1 misdemeanor. No person shall be deemed to be in violation of this section for breastfeeding a child in any public place or any place where others are present. State law references: Similar provisions, Code of Virginia, § 18.2-387. Sec. Obscene sexual display; penalty. Any person who, while in any public place where others are present, intending that he be seen by others, intentionally and obscenely as defined in Sec. ,engages in actual or explicitly simulated acts of masturbation, is guilty of a Class 1 misdemeanor. State law references: Similar provisions, Code of Virginia, § 18.2-387.1. Sec. Exceptions from chapter. Nothing contained in this chapter shall be construed to apply to: (1) The purchase, distribution, exhibition or loan of any book, magazine or other printed or manuscript material by any library, school or institution of higher learning, supported by public appropriation; (2) The purchase, distribution, exhibition or loan of any work of art by any museum of fine arts, school or institution of higher learning, supported by public appropriation; (3) The exhibition or performance of any play, drama, tableau or motion picture by any theatre, museum of fine arts, school or institution of higher learning, supported by public appropriation.State law references: Similar provisions, Code of Virginia, § 18.2-383. ARTICLE II. OFFENSES RELATING TO JUVENILES P119 Sec. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Harmful to juveniles: That quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sadomasochistic abuse, when it: (1) Predominantly appeals to the prurient, shameful or morbid interest of juveniles; (2) Is patently offensive to prevailing standards in the adult community in the County as a whole with respect to what is suitable material for juveniles; and (3) Is, when taken as a whole, lacking in serious literary, artistic, political or scientific value for juveniles. Juvenile: Any person less than eighteen (18) years of age. Knowingly: Having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both the character and content of any material described herein, which is reasonably susceptible of examination by the defendant, and the age of the juvenile; provided, however, that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such juvenile. Nudity: A state of undress so as to expose the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered or uncovered male genitals in a discernibly turgid state. Sadomasochistic abuse: Actual or explicitly simulated flagellation or torture by or upon a person who is nude or clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed. Sexual conduct: Actual or explicitly simulated acts of masturbation, homosexuality, sexual intercourse or physical contact, in an act of apparent sexual stimulation or gratification, with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be female, breast. Sexual excitement: The condition of human male or female genitals when in a state of sexual stimulation or arousal. State law references: Similar provisions, Code of Virginia, § 18.2-390. P120 Sec. Employing or permitting minor to assist in violation of chapter. It shall be unlawful for any person knowingly to hire, employ, use or permit any minor to do or assist in doing any act or thing constituting an offense under this chapter. State law references: Similar provisions, Code of Virginia, § 18.2-379. Sec. Unlawful sales or loans to juveniles generally. It shall be unlawful for any person to knowingly sell or loan to a juvenile, or to knowingly display for commercial purpose in a manner whereby juveniles may examine and peruse: (1) Any picture, photograph, drawing, sculpture, motion picture film or similar visual representation or image of a person or portion of the human body which depicts sexually explicit nudity, sexual conduct or sadomasochistic abuse and which is harmful to juveniles; or (2) Any book, pamphlet, magazine, printed matter, however reproduced, or sound recording which contains any matter enumerated in paragraph (1) above, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sadomasochistic abuse and which, taken as a whole, is harmful to juveniles. State law references: Similar provisions, Code of Virginia, § 18.2-391. Sec. Admitting juveniles to premises exhibiting obscene films or other presentations; such films not to be visible to juveniles from public way. It shall be unlawful for any person to knowingly sell to a juvenile an admission ticket or pass or to knowingly admit a juvenile to premises whereon there is exhibited a motion picture, show or other presentation which, in whole or in part, depicts sexually explicit nudity, sexual conduct or sadomasochistic abuse and which is harmful to juveniles, or to exhibit any such motion picture at any such premises which are not designed to prevent viewing from any public way of such motion picture by juveniles not admitted to such premises. P121 State law references: Similar provisions, Code of Virginia, § 18.2-391. Sec. Misrepresentation to persons mentioned in sections and as to juvenile's age, etc. (a) It shall be unlawful for any juvenile to falsely represent to any person mentioned in section or , or to his agent, that such juvenile is eighteen (18) years of age or older, with the intent to procure any material set forth in section or with the intent to procure such juvenile's admission to any motion picture, show or other presentation set forth in section (b) It shall be unlawful for any person to knowingly make a false representation to any person mentioned in section or , or to his agent, that he is the parent or guardian of any juvenile, or that any juvenile is eighteen (18) years of age, with the intent to procure any material set forth in section , or with the intent to procure such juvenile's admission to any motion picture, show or other presentation set forth in section State law references: Similar provisions, Code of Virginia, § 18.2-391. Sec. .Display of obscene materials at business establishments open to juveniles. It shall be unlawful for any person to exhibit, expose or display in public, at a newsstand or any other business or commercial establishment frequented by juveniles or where juveniles are or may be invited as part of the general public: (1) Any picture, photograph, drawing, sculpture, motion picture film or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct or sadomasochistic abuse and which is harmful to juveniles, or (2) Any book, pamphlet, magazine or printed matter, however reproduced, or sound recording which contains any matter enumerated in paragraph (1) above, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sadomasochistic abuse and which, taken as a whole, is harmful to juveniles. Sec. Exceptions from article. Nothing contained in this article shall be construed to apply to: P122 (1) The purchase, distribution, exhibition or loan of any work of art, book, magazine or other printed or manuscript material by any accredited museum, library, school or institution of higher learning. (2) The exhibition or performance of any play, drama, tableau or motion picture by any theatre, museum, school or institution of higher learning, either supported by public appropriation or which is an accredited institution supported by private funds. State law references: Similar provisions, Code of Virginia, § 18.2-391.1. P123 NEW BUSINESS PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Recreation Funding Request AGENDA DATE: 09-21-10 ITEM NUMBER: 14 SUBJECT/PROPOSAL/REQUEST: Request for Funds STAFF CONTACT(S): William D. Steeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes INFORMATION: INFORMATION: BACKGROUND: Members of the Pittsylvania County Recreation Advisory Board had representatives meeting with the Pittsylvania County School Board Members to discuss option on funding concerning the recreation fees charged by the schools. DISCUSSION: Mr. George Henderson has sent a letter to the Pittsylvania County Board of Supervisors requesting funding in the amount of $3,000 to pay facility usage fees that were required up front for the Pittsylvania County Schools. Attached is a copy of the letter from George Henderson concerning this issue. Currently there are no identifiable funds in the 2010/2011 budget. This would be unappropriated funds. RECOMMENDATION: Staff submits this to the Board for their review and consideration. P124 PITTSYLVANIA COUNTY VIRGINIA 1~,~ $ Y L V,~ ~I William D. Sleeper q 9 County Administrator p c~ Phone (434) 432-7710 ~ +1~ ~ Fax (434) 432-7714 P.O. Box 426 a ~ rr~ ~ Chatham, Virginia 24531 au., ui o ~ .y Gretna/Hurt (434) 656-6211 ~ ~ Bachelors Hall/Whitmell (434) 797-9550 dan.sleeper@pittgov.org ~~~~ Memorandum To: Honorable Members of the Pittsylvania County Board of Supervisors From: Members of the Pittsylvania County Recreation Advisory Board Date: September 9, 2010 Subject: Recreation Facilities Fees-Funding Request The Recreation Advisory Board respectfully requests the Pittsylvania County Board of Supervisors consider a transfer of funds totaling $40,000 to the County's Recreation Department for the purpose of paying the facilities usage fee required in order for the 2010-2011 seasons of all sports in which the Pittsylvania County Youth Sport League is involved. The schools have requested these monies be paid up front for each sport, and the grace period of payment for the League's football season ends September 30, 2010. At the end of each season, the school will reimburse any monies back to the County for any overpayments that may occur due to non-usage. GW/rf P125 September 8, 2010 Mr. Dan Sleeper County Administrator Pittsylvania County P. O. Box 426 Chatham, VA 24531 The Hon. Hank Davis, Chairman The Hon. Tim Barber, Vice Chairman The Hon. Coy Harville The Hon. James Snead The Hon. William Pritchett The Hon. Fred Ingram The Hon. Marshall Ecker Pittsylvania County Board of Supervisors Re: Pittsylvania County Youth Sports Leagues Dear Sirs: I hereby request that the below item be placed on the Agenda of the Pittsylvania County Board of Supervisors for the September 21, 2010 meeting: "The Pittsylvania County Youth Football League respectfully requests that the Pittsylvania County Board of Supervisors provide $3,000.00 in facility usage fees due to the Pittsylvania County School Board. The money is requested up front from the School Division and said amount is now past-due with a grace period of September 30, 2010. These fees cover practice and play for the 2010 football season, which runs from August 1, 2010, to October 30, 2010, at Brosville Middle School, Chatham Middle School, and Dan River Middle School. The League will pay each school individually up-front at an estimated cost projected for total days of practice and play. At the end of the season, adjustrr~ents will be made for inclement weather non-usage, etc., and the school division will reimburse the League for any overpayments. The League will provide an accounting at the end of the season to the Board of Supervisors. Check should be made payable to the "Pittsylvania County Youth Football League." Respectfully submitted, ~~.-~ George Henderson, Commissioner Pittsylvania County Youth Football League P126 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Funding Request -Gretna Band Boosters AGENDA DATE: 09-21-10 ITEM NUMBER: IS SUBJECT/PROPOSAL/REOUEST: Request for Funds STAFF CONTACT(S): William D. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes INFORMATION: INFORMATION: BACKGROUND: On July 28, 2010, the Gretna Hawks Band trailer was stolen. This trailer contained a great deal of equipment, fund raising materials, and instruments. The estimated loss of this material is roughly $13,500. DISCUSSION: Mr. Phillip Lantrip will appear before the Pittsylvania County Board of Supervisors to request the Board to consider some funding to the band boosters in order to offset this significant loss for their band. RECOMMENDATION: Staff submits this to the Board for their review and consideration. P127 Rebecca Flippen From: PHILLIP LANTRIP [phillantrip@fairpoint.net] Sent: Wednesday, September 08, 2010 2:36 PM To: Rebecca Flippen Cc: tara.harris@pcs.k12.va.us Subject: Gretna Middle and High School Band Attachments: band trailer invetory.doc Date:9/8/io Subject:Gretna Middle and High Schools Marching Band Attn: Rebecca Flippen Deputy Clerk Pittsylvania County Dear Rebecca I would like to thank you for the time this morning as we spoke of the misfortune that has greatly affected the capabilities of Gretnas High School and Middle Marching Band. As we may have heard the Gretna Hawks Band trailer was stolen on or around July 28th 2oio and the majority of the bands necessities were also in the trailer. The Band Boosters have raised contributions through fund raisers along with donations from other surrounding schools in Bedford and Campbell counties. The amount of money in the Bands budget falls far short of the amount of money needed to offset the cost of what they have lost. On behalf of Gretna Middle and High School band and along with its Band Director Tara Harris may we request a date on the Docket for the next available Pittsylvania County Board of Supervisors meeting? I hope you consider a request for funding in order to help Gretna overcome this misfortune and rebuild our band for the benefit of our children and our community. I have sent a file that contains a picture of our trailer and an inventory of its contents that was lost. Sinceley, Band Booster and Parent Phillip Lantrip P128 Value of trailer - $4,000 Custom cabinets /carpet - $2,000 Air brush - $650 Popcorn machine - $800 Popcorn cart - $50 Two uniforms (bibs) - $40 each =total $80 One pair drillmaster marching shoes - $30 Extra t-shirts /socks - $10 Drum major stand skirt - $450 12" Bongo - $449 13" Bongo - $459 Dynasty Quads with carrier-$1,500 Fifty (50) Shakos, Plum, and Box - $53 each = $2,650 Legs for floor tom - $32 Foldable water table - $50 Popcorn supplies (popcorn, bags, cleaner, gloves, etc.) - $50 Three extension cords - $2Q each = $60 Wooden shelving - $50 Tub $5 P129 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: North Chatham Booster Station AGENDA DATE: 09-21-10 ITEM NUMBER: 16 SUBJECT/PROPOSAL/REQUEST: Engineering Cost-Booster Station STAFF CONTACT(S): William D. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes INFORMATION: INFORMATION: BACKGROUND: Pittsylvania County Board of Supervisors directed the County Administrator to negotiate with the Pittsylvania County Service Authority and the Town of Chatham in order to develop a project that would establish a booster station in the north end of Town, meet the Health Department criteria for the new agricultural center, and provide the necessary improvements to the service area north of the Town of Chatham. DISCUSSION: Attached hereto, you will find a letter of response from the Town of Chatham, stating they would not pay the full cost of the relocation of the booster station as orginially intended. Further, in order for the Olde Dominion Agriculture Complex (ODAC) to have water and be able to continue to operate without the required fire flows, it is necessary that the County develop the design of the station and a temporary connection necessary to provide water to the ODAC during the interim while the booster station is being designed and/or constructed. Attached hereto is a contract from Reynolds-Clark, engineers of Gretna, Virginia, totaling $38,120.00 to provide the necessary civil engineering and design services for the required booster station and service area. Staff recommends that the Board of Supervisors approve Amendment No. 2 for the civil engineering and design of the ODAC water and sewer. RECOMMENDATION: Staff recommends the Board of Superivosors authorize the County Administrator to sign a contract with Reynolds-Clark for $38,130.00 for necessary civil engineering and design for the Olde Domnion Agricultural Complex booster station. P130 C Reynolds Clark July 29, 2010 Mr. Dan Sleeper County Administrator Pittsylvania County P.O. Box 426 Chatham, VA 24531 RE: Amendment No. 2 to Proposal for Civil Engineering Design Services Olde Dominion Agricultural Center Water and Sewer Pittsylvania County, VA Original Contract Dated November 2, 2009 Dear Mr. Sleeper: Reynolds-Clark Development, Inc. (R-C) is pleased to submit the following amendment to our proposal to provide engineering services for the design of public water and sewer extension in Pittsylvania County (County). Our understanding of the project and our proposed scope of services are described below. UNDERSTANDING OF THE PROTECT We are currently under contract to provide engineering design services for water and sewer utilities to serve a 17 acre site owned by the Olde Dominion Agricultural Foundation. We understand that a low pressure issue was recently identified in a Preliminary Engineering Report (PER) completed by the Town of Chatham (Town). We understand that the County and the Town are working together to provide water and sewer to the new agricultural center, as well as alleviate the low pressure issue in the northern end of Chatham, VA. R-C understands that the County is requesting another amendment to our proposal for professional engineering services to relocate the water booster pump station from the Medical Center Tank to a parcel closer to the town to alleviate the low pressure issues that exist along Friendship Road. SCOPE OF SERVICES Based on our present knowledge of the project, R-C proposes to provide the following scope of services. Any item not contained in the following scope of services will be deemed additional services and will be billed accordingly. A. Revised Preliminary Engineering Report (PER) - As a requirement of the Virginia Department of Health (VDH), R-C will revise the existing PER to reflect the revisions to relocate the water booster station closer to the town, as opposed to its original 112 South Main SUeel PO BOX 556 Gretna, VA 24557 434.656.8961 p 434.656.8995 i www.reynoldsclark.com P131 July 29, 2010 Olde Dominion Agriculture Center Water and Sewer -Amendment No. 2 Page 2 of 5 location at the Medical Center Tank. Further evaluation and additional modeling will have to be completed and described in the PER. The PER will include the revised scope of the project, projected service areas, design criteria and proposed costs. The future water demands will be estimated based on input from the County and the Town about proposed industries that may locate in this area, available acreages for industry and other probable land uses. Upon completion of the revised PER, R-C will submit it to the VDH for review and approval. Upon receipt of comments, R-C will respond to comments and prepare a final PER and submit it to the VDH to obtain a construction permit. B. Pump Station Boundary Survey - R-C will sub-contract surveying services to perform the necessary research, field work and computations needed to produce a recordable plat and a Topographic map of the property chosen. The plat will be used in the transferring of/or an easement on the chosen property, and the Topographic map will be used as a base map for the design and location of the water booster pump station. C. Revised Water Booster Pump Station Design - R-C will provide revised final construction documents, specifications, and calculations for a water booster pump station to serve the new Agricultural Center as well as a portion of the northern end of the Town. Per the preliminary PER prepared by Dewberry, a pump station is to be installed within the Town of Chatham limits to provide domestic and fire water at higher pressures for the portion of the system north of Pine Street. The pump station will be designed to all VDH Waterworks regulations and Town standards. The final design will include a full electrical design for the site and pump station. Plans and calculations for the pump station will be submitted to VDH and the Town for approval. The following assumptions were used for determination of this scope. Any changes from these assumptions will impact the design for this station. • Domestic pumping rate of pump station is approximately 150 GPM • Fire pumping rate of pump station is approximately 750 GPM • Regulatory agencies will not require a standby generator installed at this site • A hydropneumatic tank will be required at the pump station site. Due to the change in fundamental operation of this station opposed to the original design, the station design may be significantly different than the current design of the Ag Center Pump Station. This system will serve a significant number of domestic connections and will be a single pipe system, opposed to the domestic and fire pipe system previously designed. Also, the space limitations on the proposed site may require significant changes from the original design to fit in the new location. Anew electrical design of the station will be required due to the change in the size of the water pumps as well as the control scheme of the station. D. Revised Waterline Design- Due to the relocation of the water booster pump station, 112 South Main Street PO BOX 556 Gretna, VA 24557 434.656.8961 p 434.656.8995 f www. reynoldsclark. com P132 July 29, 2010 Olde Dominion Agriculture Center Water and Sewer -Amendment No. 2 Page 3 of 5 revisions to the construction drawings for the 12" and 4" water mains will be necessary. The plans will be revised to remove approximately 800' of 12" and 4" waterline from the Medical Center Tank to Route 29. The existing 12" and 4" water mains along Route 29 will be designed to connect to an existing 10" water main that terminates at the entrance to the Medical Center. Also, the relocation of the water booster pump station will require additional water main to be designed from the water booster pump station to an existing water main. The revised construction drawings will be submitted to VDH/VDOT for review and approval. Upon receipt of comments, the final construction drawings will be submitted to VDH to obtain a construction permit. E. Contact Negotiations - R-C will enter negotiations with the selected contractor for the revised work to determine a price for the revised pump station. R-C will incorporate this work into a change order to the existing contract. FEES & PAYMENT POLICY Reynolds-Clark Development, Inc. proposes to provide the services detailed above in the SCOPE OF SERVICES for the following fees: A. Revised Preliminary Engineering Report $3,800 Lump Sum B. Pump Station Boundary Survey $3,100 Lump Sum C. Revised Water Booster Pump Station Design $27,500 Lump Sum D. Revised Waterline Design $1,520 Lump Sum E. Contract Negotiations $3,000 Lump Sum All services will be progress billed monthly until complete. Payment term will be NET 30 days. Invoices not paid in full thirty (30) days from the date of invoice are subject to a suspension of work until the outstanding bill is paid, and a finance charge of 1 1/2% per month on the unpaid balance. SCHEDULE Reynolds-Clark Development, Inc. understands the scheduling needs of this particular project. We understand that the Contractor has been issued a Notice to Proceed, and that time is of the essence. Upon receipt of a signed proposal, survey activities will be completed within ten (10) days, weather permitting. The first submittal of design plans to VDH will be made within thirty (30) days. Upon receipt of comments from review, a response will be completed within fifteen (15) days, pending no major redesign is required. 112 South Main Street PO BOX 556 Gretna, VA 24557 434.656.8961 p 434.656.8995 f www.reynoldsclark.com P133 July 29, 2010 Olde Dominion Agriculture Center Water and Sewer -Amendment No. 2 Page 4 of 5 SPECIAL CONDITIONS AND QUALIFICATIONS 1. Any items not specifically described in our Scope of Services above are not included in this proposal. 2. Should the scope of services as described above increase, Reynolds-Clark Development, Inc. would negotiate additional fees for services beyond those originally proposed. 3. This proposal does not include the marking of utilities by outside companies, or include the staking of any property lines. 4. The Pump Station Boundary Survey Fee is based on the assumption that the selected property will be approximately 0.5 acres or less. A property substantially larger would increase the complexity of work and require Reynolds-Clark to negotiate additional fees. 5. It is our understanding that the property is properly zoned for the intended use and no fees are included in this scope of work for rezoning, conditional use permit, or variances. 6. Owner revisions to the site plan and/or overall water demands once the first submittal is made to VDH and/or the Town are not included and would require a change order for the additional work. Each subsequent change affecting the pump station design to the original agreed-to design based preliminary layouts would be open to a change order for the additional work. 7. The County is responsible for payment of all review and permit fees, if any. 8. This proposal does not include environmental or testing services of any nature. 9. It is assumed all meetings would take place in the Chatham area and no fees for travel, mileage, or lodging are included in this proposal. If it becomes necessary to travel outside of the area this would be charged on a time and material basis. 112 South Main Street PO BOX 556 Gretna, VA 24557 434.656.8961 p 434.656.8995f www.reynoldsclark.com P134 July 29, 2010 Olde Dominion Agriculture Center Water and Sewer -Amendment No. 2 Page 5 of 5 Again, we appreciate the opportunity to submit a proposal for your project. Please do not hesitate to call if you have any questions or wish to discuss this proposal further. Sincerely, Reynolds-Clark Development, Inc. G~.~-~~~ ~, ~~.~ Imo. Gretchen B. Clark, P.E. President G~,~~ Timothy C. Reynolds, P.E. Vice President This proposal of Reynolds-Clark Development, Inc. is accepted: Print (type) Individual, Firm, or Corporation Signature of Authorized Representative Date Print (type) Name of Authorized Representative Proposal}Olde Dominion Ag Center}Amendment 2}072910 112 South Main SVeet PO BOX 556 Gretna, VA 24557 434.656.8961 p 434.656.8995f www. reynoldsclark.com P135 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Bid Award -Moses Building AGENDA DATE: 09-21-10 ITEM NUMBER: 17 SUBJECT/PROPOSAL/REQUEST: Bid Award-Moses Building STAFF CONTACT(S): William D. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes INFORMATION: INFORMATION: BACKGROUND: The Board of Supervisors agreed to do necessary changes and work to the Moses Building in order to mitigate current moisture and mold in the basement of that facility. Necessary architecture drawings were done; it was submitted for bid due September 15, 2010. Attached hereto you will find recommendations from Dewberry concerning the bid specifications. It appears that a professional firm from Charlotte, North Carolina, Strickland Waterproofing Co, Inc. came up with the lowest base bid totaling $225,770. DISCUSSION: Attached hereto you will find recommendations from Dewberry concerning the bid specifications. It appears that a professional firm from Charlotte, North Carolina, Strickland Waterproofing Co, Inc. came up with the lowest base bid totaling $225,770. RECOMMENDATION: Staff recommends the Board of Superivosors appropriate $225,770 from unappropriated surplus. This will require a 1 D-day layover. And, authorize the County Administrator to move forward on signing necessary contracts with Strickland Waterproofing Co., Inc. for the necessary improvements to the Moses Building in order to reduce the current problems in that facility. P136 Dewberry September 10, 2010 Mr. Otis Hawker Assistant County Administrator Pittsylvania County P.O. Box 426 Chatham VA 24531 551 Piney Forest Road 434 797 4497 Danville, Virginia 24540-3353 434 797 4341 fax P.O. Box 1509 Danville, Virginia 24543-1509 www.dewberry.com Re: Bid Opening for the Moses Building Basement Leak Remediation Dear Pittsylvania County Board of Supervisors: Please find enclosed herein the bid tabulation form from the September 8, 2010 bid opening. The base bid amounts shown were used to determine the most responsive and responsible low bidder within available funds. The series of add alternates were intended as a method to maximize the effectiveness and extent of this project within the budget. Since the funds have not been allocated for this project, the most responsive and responsible bidder is Strickland Waterproofing Company, Inc. with a base bid amount of $225,770.00 and alternate prices as shown on the bid tabulation form. We have checked with the Virginia State Licensing Board and have reviewed all documentation and determined that the low bid contractor is in good standing. A copy of this report is attached with the bid tabulation form. We recommend that the Pittsylvania County Board of Supervisors proceed with awarding the project to Strickland Waterproofing Company, Inc. if the funds are available. There is a possibility of encountering both lead paint and asbestos during the partial demolition and renovation of the basement floor. The contractor has priced the removal of these materials, if encountered, at the prices shown on the bid tabulation form. It is also recommended to provide for a contingency on this project to ensure that we can provide a means to correct/remediate any unforeseen conditions during excavation, demolition and renovation. If such conditions are not encountered or only a minimal amount is encountered, the contractor would refund the unused unit price amounts back to the County and the balance of the contingency would remain unspent. I will send Strickland Waterproofing Company, Inc. a Notice of Award upon your approval of this amount. We will work to obtain bonds, perform a preconstruction meeting, and begin construction in early October. If I can be of any further assistance, feel free to contact me at (434) 549-8492. Sincerely, Dewb y & Davis, Inc. Jef y .Bond, Assoc. Graduate Architect JLB/chn Enclosure AIA, LEED AP BD+C P:~50039162\Adm\Correspondence\Letters\2010.09.IO.Bid Opening Letter.docx Dewberry ~ Davis, Inc. P137 v i 0 0 w lD N Ql N D ,~ n ~-f ai n r+ D Z z D D r m D O (1 W O A z m N v m 0 z D D D -I ~ w ~ v C w w D ~ o n a ~ ~ D ~ D ~ a Q 3 ~ D D ~ c, ~ o ~ ~ T o ~ 0 0 ~ o ~, (D (D • ~ Q ' ~ ~, r ~ Q 7 ° ~ ~ ~ v, , > > ~ C1 ~ O c n v? 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O ~ ~ ~ M ~ ~ I"' ~ ~ Q _ p, O O 70 ~..•, ~ o < re D ~ n~ O a. n i ~ p~q ~ ~- ~ ~, n i ~ a a~ 2t N +~ pl N (") 7r ty O O = O T N n T ~P ~ ~ T ~P ~ D C C G {A V ~ N ~ to N ' N V '"' lD to ~ ~ N ~ v V O O O ~ N ~ 1 U O O < m -f m < m ~ (D T v O ~ N ~ ~ N to to ~ ~ O O T T = T O O O ~ O O II 11 A 11 01 0 ~ ~ 11 ~ N N O V1 O O ~ O O O 00 O 7 n ~ ai N O O ~ O ° = o a T VI 1 T f~i ~? ~P T (~ D ~ ~ ~ ~ l.U ~ V N ~ V 7 pp N ~ V O Vt !`~ O H O O O O O ~ ~ V1 O ~ ~ N N N O N C O O ~ T T = T ~ ~ O ~ O O II II 70 II A N ~. ~ V {// A II N N N O D O O p ~ ~ ~ O O O O ' O O O O 0 O f 1 O 0 O O ~ N O O 0 ~ O 2 p OJ T v+ T 70 N 7 . ~ ~ ~ ~ T D ~ V1 N to N N ~ tD ~ ~ ~ O Iv O n O O ~ ~ p0 ~ m m N O ~ O ~ ~ \ ~ i V if l W O O O O O 00 T I I T I I = ~ T I I A ~ ~ d ~ II D ~ v ~^ A o 0 ~ p ~ n O 0 O O 0 O v Q Z D G Z v to 3 N O O w Q t1 m ~ ~ 2 Z C ~ m A A ~ ~ Z p D ~ rn N O 0 v ~_ 3 ~' o ~ < ~ Z c D v_ n Z O G1 C °' D Z O m am m W C z0 -iD~ m ~ O a D z ~ O m T 3 C Q C Z N 0 N P138 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Recommendations from Property & Buildings Committee AGENDA DATE: 09-21-10 ITEM NUMBER: 18 SUBJECT/PROPOSAL/REOUEST: Recommendations from Committee STAFF CONTACT(S): William D. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: No INFORMATION: INFORMATION: BACKGROUND: The Property and Buildings Committee met September 7, 2010, to discuss the Pittsylvania County Administration Building (Moses Building) and necessary changes to the Moses Building that were currently out for bid. DISCUSSION: There will be a lengthy discussion concerning alternatives presented for the Moses Building concerning air conditioning and other issues that may be related to necessary improvements of the facility. RECOMMENDATION: Staff recommends this to the Board of Supervisors for their consideration and recommendations from the Property and Buildings Committee may have influences on Item 17 and should be considered together. P139 REPORTS FROM BOARD MEMBERS REPORTS FROM COMMITTEES & OFFICERS REPORTS FROM COUNTY ADMINISTRATOR RESOLUTION August 12, 2010 TREASURER AND COMMISSIONER OF REVENUE Be it RESOLVED in support of our locally elected Constitutional Officers, in particular the TREASURER and COMMISIONER OF THE REVENUE. That they provide invaluable service to our citizens and that the constitutional officer form of government provides our citizens with fundamental `checks and balances' and a degree of public accountability unmatched by alternative forms of government. Be it further RESOLVED that the founders of our Commonwealth understood that `the power to tax is the power to destroy'. Therefore, ensuring that citizens were treated fairly and impartially, the duties of local government were intentionally segregated. Accordingly, fiscal policy is the exclusive domain of the local governing body; the amount and method of assessments is the domain of the Commissioners of the Revenue; and, collections are the sole responsibility of Treasurers. Be it further RESOLVED as elected representatives and stewards of tax dollars, Treasurers and Commissioners of the Revenue are directly accountable to the citizens they represent. They are judged daily on each transaction performed in their offices and after each election cycle on how well they perform their roles and how well they spend taxpayer dollars. Be it further RESOLVED that because of the inherent conscientious nature of these positions, we believe that these offices are a more cost effective alternative for our citizens. They have the unique ability to act in an unfettered manner on behalf of BOTH the Commonwealth and Pittsylvania County. ~ ": F i' P140 cvvl W ' (~ -" L ASURER CObIMIS3IONER OF REVS E o~e~w ERK OF OUR SHE F ~' MONWEALTH ATTORNEY P141 August 23, 2010 The Honorable Henry A. Davis Chairman Pittsylvania County Board of Supervisors Chatham, VA 24531 Dear Mr. Davis: I am enclosing the resolution I talked with you about to be submitted to the Board of Supervisors. I am very grateful for all the help you have shown us over the years. Any help you and the Board could give on this situation would be very much appreciated. I will get a copy of the proposed resolution to the remaining board members. Sincerely, Teresa D. Easley P142 ~,f~ws °o ti G~ K ~c~w `~ V,.>alYxY~1~1 ~]r~ ~?X>~~P~$ Mathews County Board of Supervisors Office of the County Administrator August 31, 2010 The Hon. Henry A. Davis, Jr., Chairman Pittsylvania County Board of Supervisors 3188 Fairview Road Chatham, VA 24531 Re: Resolution Addressing K-12 Educational Mandates Dear Chairman Davis, Jr.: At its July 27, 2010 regular monthly meeting, the Mathews County Board of Supervisors adopted the enclosed resolution regarding K-12 educational mandates. Our Board is very concerned about the continuance of expensive mandates as financial support from the Commonwealth continues to decline. Our goal with this resolution is to encourage the review of educational policies as they relate to our public schools and the cost of compliance with these policies. You will also find enclosed a copy of an identical resolution adopted by the Mathews County School Board on August 17, 2010. respectfully ask that you place this or a similar resolution before your Board for consideration at your earliest convenience. Perhaps the combined voices of Virginia's counties can help to bring common sense to the process and reduce the number and cost of educational mandates that we are forced to deal with. Thank you in advance for your support. Yours truly, ~ ~~y~ hares E.ln rar,~"S, Chl a Oman g Enclosures 50 Brickbat Road, Suite 202 ~ P.O. Box 839 ~ Mathews, Virginia 23109 Telephone: (804) 725-7172 ~ Telefax (804) 725-7805 ~ Email: admin@co.mathews.va.us P 143 RESOLUTION IN SUPPORT OF REDUCED MANDATES FOR PUBLIC EDUCATION IN VIRGINIA WHEREAS, it is the responsibility of the County of Mathews, Virginia, through its Board of Supervisors and its School Board, to construct a balanced budget within the confines of available federal, state and local funds; and WHEREAS, the Commonwealth of Virginia provides direction to and imposes requirements on the public schools within the state; and WHEREAS, the FY 2oii Mathews County School budget required cuts of $1.2 million from the previous year's budget of $12.2 million to achieve a balanced budget; and WHEREAS, according to James Regimbal, Jr., reporting to the Virginia Association of Counties on June i~, 2oio, "adopted FY 2oii K-12 state distribution from all funding sources is $512 million lower than this year's adopted FY 2oio distribution;" and WHEREAS, Mathews County has no reason to believe that state funding for K- it education in FY 2oi2 will increase and may in fact decline; and WHEREAS, despite making substantial cuts in services and positions, the Mathews County School Board is faced with the difficult choice of reducing educational programs or facing non-compliance with state regulations in this current difficult economy; and WHEREAS, there is substantial need to ease burdens placed on all localities by Commonwealth-imposed unfunded mandates which force difficult choices between untenable tax increases or cuts in educational services for our children; NOW, THEREFORE, BE IT RESOLVED that the Mathews County School Board requests that the Virginia Deparhnent of Education substantially reduce the current number of unfunded mandates. BE IT FURTHER RESOLVED that the Virginia Department of Education delay implementation of all new unfunded mandates until the economy has substantially recovered. BE IT FURTHER RESOLVED that the Virginia Departrnent of Education place a moratorium on penalties for noncompliance until the substantial recovery of the economy. P144 Page Two BE IT FURTHER RESOLVED that the Department of Education shall reduce the need for locally-generated paperwork and statistics which do not provide actual benefit to students. BE IT FURTHER RESOLVED that careful consideration be given to the impact of mandates on small school systems, such as Mathews County, which has a school population of approximately 1250, a population that has not varied greatly in the past 9o years. BE IT FURTHER RESOLVED that the Virginia Department of Education align SOL testing schedules with federally-mandated testing in order to minimize the time students spend testing rather than learning. BE IT FURTHER RESOLVED that in agreement with the 2oio Legislative Policies of the Virginia Association of School Superintendents, "the state should assume a role of support and direction rather than one of punitive enforcement in accountability and accreditation." BE IT FURTHER RESOLVED that a copy of this Resolution shall be presented to Robert McDonnell, Governor of Virginia; State Senator Ralph Northam; Delegate Harvey B. Morgan; U. S. Senator Mark Warner; U. S. Senator James Webb; Congressman Robert Wittman; the Virginia Board of Education; and the Virginia Department of Education. Adopted this 17'x' day of August, 2oio. o n T.,~e~cin~Scho oard Chairman ber Je ittle, Vice Chairman Michael E. Richards, Member J. Attest. ~~~~' / Sharon F. Morgan, School Board Cle P145 APPOINTMENTS CLOSED MEETING