11-16-2010 Adjourned MeetingPITTSYLVANIA COUNTY BOARD OF SUPERVISORS
ADJOURNED MEETING
TUESDAY, NOVEMBER 16, 2010
GENERAL DISTRICT COURTROOM
EDWIN R. SHIELDS COURTHOUSE ADDITION
AGENDA
Call to Order - 7:00 p.m.
2. Roll Call
Invocation
4. Pledge of Allegiance
Items to be Added to the Agenda
(a) Lease-Purchase Agreement-Town of Chatham/Pittsylvania County -Pages 1-19
(b) Grant Agreement-Danville Pittsylvania Regional Industrial Facility Authority and
Green Energy Corporation -Pages 20-29
6. Approval of Agenda
Hearing of the Citizens
7. Consent Agenda:
(a) Regional One -December -Page 30
Public Hearings
Rezoning Cases
Case 1: Climax Community Center, LLC - Callands/Gretna District; R-10-047
R-1, Residential Suburban Subdivision District to B-2, Business District,
General
Case 2: Mark E. Keatts - Tunstall District; R-10-048
R-1, Residential Suburban Subdivision District to A-1, Agricultural District
Case 3: Gammon Investments, LLC: Banister District; R-10-049
M-1, Industrial District, Light Industry to A-1, Agricultural District
8. Proposed amendment to the Pittsylvania County Code; Chapter 12-Moral Decency and
Community Standards. Proposed amendments are in relation to Internet service and to
clarify the requirements for demonstration of age for juveniles. -Pages 31-38
9. Proposed revision to Chapter 1 of the Pittsylvania Code concerning an
intergovernmental agreement with the Town of Chatham and the Pittsylvania
County Service Authority concerning the booster station and service area north
of Chatham. -Pages 39-SS
Unfinished Business
10. Expenditure Refunds (10 Day Layover from 11-01-2010 meeting) -Pages 56-58
New Business
11. Request for Public Hearing-Proposed Amendments to Supplement Definitions in
Chapter 18 and Chapter 35 of the Pittsylvania County Code -Pages 59-69
12. Application for Land Use Open Space Agreement -Pages 70-85
13. Request to Extend Land Use Applications Submittals from December 5, 2010 Deadline
to January 5, 2011 Deadline -Pages 86-88
14. Property and Buildings Committee Recommendations (See Attached Agenda)
-Pages 89-90
(a) Discussion of Olde Dominion Agricultural Complex (ODAC)
(b) Discussion of Captain Martin Building
(c) Sheriff's Proposed Office Space
Reports from Board Members
Reports from LeEal Counsel
Reports from County Administrator
Appointments
Closed Session
15. 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: Industry 12010-08-16
Purpose: Discussion of Performance Agreement
16. 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: Industry 12009-04-OS
Purpose: Discussion of Performance Agreement
17. Closed Meeting: Consultation with Legal Counsel and Briefings by Staff Members or
Consultants pertaining to actual or probable litigation, where such consultations or
briefings in open meeting would adversely affect the negotiating or litigation posture of
the Public Body; and consultation with Legal Counsel employed or retained by a Public
Body regarding specific legal matters requiring provision of legal advice by such
Counsel.
Authority: §2.2-3711(A)(7) of the Code of Virginia, 1950, as amended.
Subject Matter: Comprehensive Services Act
Purpose: Potential Legal Action for or against the County
Adjournment
~ro ~~ A~n~n
PITTSYLVA1o1IA COUloTTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Lease Purchase Agreement -Town of
Chatham/Pittsylvania County
SUBJECT/PROPOSAL/REOUEST:
Lease Purchase Agreement -Water Booster Station
STAFF CONTACT(S):
William D. Sleeper
AGENDA DATE:
11-16-2010
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
Yes
BACI{GROUND:
ITEM NUMBER:
5(a)
INFORMATION:
INFORMATION:
The County Administrator has been working with the Pittsylvania County Service Authority, the Town of
Chatham, and the Pittsylvania County Board of Supervisors as well as the Virginia Department of Health to
provide the necessary water service to the Olde Dominion Agricultural Complex (ODAC) on RT 29 which
requires a booster station to be placed in the Town of Chatham to service citizens north of Hodnett Mill
Road.
DISCUSSION:
Attached hereto is the Lease Purchase Agreement identified in the Intergovernmental Agreement dated
November 1, 2010 between Pittsylvania County, the Town of Chatham, and the Pittsylvania County Service
Authority. The intent of this lease purchase agreement is for the Board of Supervisors to provide the funding
to install the required booster station on land surplused by the Pittsylvania County Schools at the Chatham
Elementary School north in the Town of Chatham.
This lease purchase agreement pays back the Board of Supervisors for the Town's share of the cost of
relocating the booster station in the Town of Chatham.
RECOMMENDATION:
Staff recommends the Board of Supervisors approve the Lease Purchase Agreement and appropriate
$100,000 from the unappropriated surplus in order to pay $94,000 upfront for the Town of Chatham and the
additional funding for contingencies and engineering necessary for the County's share of completing this
project. This requires two motions; (1) to approve the lease purchase agreement, authorizing the Chairman to
sign on behalf of the County, and to forward to the Town of Chatham for its signature, and (2) a second
motion for the appropriation of $100,000 from unappropriated surplus to the 2011 Pittsylvania County
Annual Budget. This requires a 10-day layover.
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LEASE-PURCHASE AGREEMENT
THIS LEASE-PURCHASE AGREEMENT (this "Agreement"), dated as of the
day of November, 2010, by and between COUNTY OF PITTSYLVANIA,
VIRGINIA, a political subdivision of the Commonwealth of Virginia (the
"Lessor"), and TOWN OF CHATHAM, VIRGINIA, an unincorporated town in
the Commonwealth of Virginia (the "Lessee");
W I T N E S S E T H
WHEREAS, the parties and others have entered into a Service Area
and Booster Station Construction Agreement dated as of the 1st day of
November, 2010, concerning the provision of water and sewer services
to the Olde Dominion Agricultural Center (the "Center") and
surrounding service area and increasing water pressure in the Lessee's
northern water service area; and
WHEREAS, the Lessor has agreed to provide construction of
equipment to serve as a Booster Station for the Center, surrounding
service area, and the northern water service area of the Town of
Chatham (the "Town"); and
WHEREAS, the Lessor has agreed to lease the real property and the
booster station Equipment, as hereafter defined, to the Lessee, and
the Lessee has agreed to lease the real property and the Equipment
from the Lessor, pursuant to the terms and conditions hereafter set
forth.
NOW, THEREFORE, for and in consideration of the premises and
covenants hereinafter contained, and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
Section 1. Property and Equipment: The Lessor hereby rents and
leases to the Lessee, and the Lessee hereby rents and leases from the
Lessor, the real property premises consisting of approximately 0.095
acres on Chatham Elementary School Drive, Pittsylvania County,
Virginia (the "Premises"), as more particularly described in Schedule
A, attached hereto and incorporated by reference, and that certain
water booster pump station and related equipment (collectively, the
"Equipment"), to be constructed by the Lessor on the Premises. The
Premises and the Equipment are collectively referred to herein as the
"Leased Property". The Lessee shall be entitled to possession of the
Leased Property and may retain possession of the Leased Property so
long as this Agreement has not been terminated for reasons of default
by the Lessee under the terms set forth herein. This Agreement is not
a pledge of the full faith and credit of the Lessee, and does not
create any obligation on the part of the Lessee except as specifically
stated herein.
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Section 2. Term: This Agreement shall commence on December 1,
2010, for a term of ten (10) years, ending on November 30, 2020,
unless sooner terminated as provided herein (the "Term").
Section 3. Lease Payments:
Section 3.1. Amount and Times of Payments: The Lessee
agrees to pay to the Lessor lease payments ("Lease Payments") in
annual installments of $10,740.32, as set forth in Schedule B to this
Agreement, without notice, demand, reduction, or offset. The first
annual Lease Payment is due on the first day of July, 2011, and each
and every annual installment thereafter is due on the first day of
July in each subsequent year until all Lease Payments set forth in
Schedule B have been paid.
Section 3.2. Place of Payments: All Lease Payments to the
Lessor hereunder shall be made to the Lessor at P.O. Box 426, Chatham,
Virginia 24531, or as may be otherwise directed in writing by the
Lessor.
Section 3.3. Late Charges: If the Lessee fails to pay a
Lease Payment, or any other sum required to be paid hereunder when
due, such amount shall accrue interest equal to the amount of the
delinquent payment times a per diem rate calculated on the basis of an
annual interest rate of 2.5~. In addition, if the Lessee fails to pay
any part of a Lease Payment or any other sum required to be paid
hereunder to the Lessor within fifteen (15) days after the due date
thereof, the Lessee shall pay a late payment charge equal to two
percent (2~) of the delinquent payment.
Section 3.4. Abatement of Lease Payments: There will be no
abatement or reduction in Lease Payments by the Lessee for any reason,
including, but not limited to, any defense, recoupment, set-off,
counterclaim or any claim arising out of or related to any defects,
damages, malfunctions, breakdowns, or infirmities of the Leased
Property. The Lessee assumes and shall bear the entire risk of loss
and damage to the Leased Property from any cause whatsoever, it being
the intention of the parties that the Lease Payments shall be made in
all events unless the obligation to make the Lease Payments is
terminated as otherwise provided herein.
Section 4. Responsibilities of the Lessee:
Section 4.1. Care and Use: The Lessee shall use the Leased
Property in a reasonably careful and proper manner, in compliance with
all applicable laws and regulations, and at its sole cost and expense,
shall service, repair and maintain the Leased Property so as to keep
the Leased Property in good condition, repair, appearance and working
order for the purposes intended, ordinary wear and tear excepted, and
shall replace any part of the Equipment as may from time to time
become worn out, lost, stolen, destroyed or damaged, or is unfit for
use. Any and all additions to or replacements of the Equipment and
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all parts thereof shall constitute accessions to the Equipment and
shall be subject to all of the terms and conditions of this Agreement
and included in the term "Equipment" as used in this Agreement. In
the event that, in the Lessor's reasonable judgment, the Lessee has
failed to service, repair and maintain the Equipment pursuant to this
Section, if requested in writing by the Lessor, the Lessee shall enter
into or cause to be entered into, and maintain in full force and
effect during the term of this Agreement, standard maintenance
contracts satisfactory to the Lessor covering the Equipment and shall
comply with all of its obligations thereunder. The Lessee shall
furnish evidence to the Lessor of such signed maintenance contracts
upon reasonable requests by the Lessor. Upon early termination of
this Agreement, the Lessee shall return the Leased Property at its
sole expense to the Lessor, in the same condition as originally
received, ordinary wear and tear excepted.
Section 4.2. Inspection: The Lessor shall have the right,
upon reasonable prior notice to the Lessee, to enter into and upon the
Premises where the Equipment is located to inspect the Equipment and
observe its use during normal business hours.
Section 4.3. Utilities: The Lessee shall pay all charges
for gas, electricity, light, heat, power, or other utility service
furnished to or used in connection with the Leased Property during the
Term. There shall be no abatement of Lease Payments on account of
interruption of any such services.
Section 4.4. Taxes: The Lessee agrees to pay when due any
and all taxes relating to the Leased Property, including, but not
limited to, all license or registration fees, sales and use taxes, if
applicable, documentary taxes, assessments, charges, and all other
taxes, licenses, and charges imposed on the ownership, possession, or
use of the Leased Property by any governmental body or agency,
together with any interest and penalties.
Section 4.5. Insurance: The Lessee shall continuously
maintain at its sole cost and expense insurance on the Leased Property
covering such risks as are customarily insured against by reasonable
and prudent government bodies for such Equipment and in such amounts
at a minimum equal to the outstanding principal amount under this
Agreement, with such deductibles as required, and which insurance
companies shall be satisfactory to the Lessor. Reasonable evidence of
all required insurance shall be provided to the Lessor upon reasonable
request. The proceeds of such insurance shall be applied toward the
replacement, restoration, or repair of the Leased Property in the
event of a loss thereunder.
Section 4.6. Risk of Loss: The Lessee shall bear all risks
of loss to the Leased Property. In the event of a loss or damage
thereto, the Lessee shall be responsible for repair or replacement of
the Equipment at no cost to the Lessor.
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Section 4.7. Indemnity: To the extent permitted by law,
the Lessee assumes liability for, and agrees and does hereby
indemnify, protect, and hold harmless the Lessor, and its agents,
employees, officers, directors, and assigns, from and against any and
all liabilities, obligations, losses, damages, injuries, claims,
demands, penalties, actions, costs, and expenses (including reasonable
attorneys' fees) of whatsoever kind and nature, arising out of the
use, condition, operation, and ownership of the Leased Property. The
indemnity contained in this Section shall continue in full force and
effect notwithstanding the termination of this Agreement. The Lessee
is an independent contractor and nothing contained in this Agreement
shall authorize the Lessee or any other. person to operate or use the
Leased Property so as to incur any obligation on behalf of the Lessor
or impose any liability on the Lessor. Nothing in this Agreement is
intended nor should any provision of this Agreement be construed to
limit, waive, abridge, or otherwise modify any rights, claims, or
causes of action that the Lessee may have against any person or entity
other than the Lessor.
Section 5. Equipment:
Section 5.1. Title: For purposes of all responsibilities
of the Lessee contained in this Agreement, title to the Leased
Property and any and all additions., repairs, replacements, or
modifications thereto, shall be deemed to be vested in the Lessee from
and after the effective date of this Agreement, so long as the Lessee
shall not be in default hereunder and/or this Agreement shall not have
been terminated pursuant to the provisions hereof, and shall vest
permanently in the Lessee for purposes of ownership upon the
completion of all Lease Payments, free and clear of any lien or
security interest of the Lessor therein. Upon the completion of all
Lease Payments as required herein, the Lessor will convey or cause to
be conveyed the Premises and the Equipment in their then current
condition by an appropriate Deed of Bargain and Sale and a Bill of
Sale, as may be applicable or required. The Lessor agrees to pay the
costs of preparing all such documents to evidence the conveyance of
the Leased Property to the Lessee and any recording or filing taxes
and fees applicable to transferors. The Lessee shall pay all other
costs of conveyancing. Immediately upon the occurrence of an event of
default by the Lessee hereunder or the termination of this Agreement,
title to the Leased Property (and all additions, repairs, replacements
or modifications thereto) shall revert back and vest in the Lessor,
free and clear of any right, title or interest of the Lessee, unless
the Lessor elects otherwise, without the necessity of any further
action or the execution of any documents by the parties.
Section 5.2. Security Agreement: To secure all obligations
of the Lessee hereunder, the Lessee hereby grants to the Lessor a
security interest in any and aI1 of the Lessee's right, title and
interest in and to this Agreement, the Leased Property, all additions,
attachments, accessions, substitutions and replacements thereto, and
the Lease Payments due or to become due hereunder, and any and all
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proceeds thereof, including, without limitation, the proceeds of
insurance thereon. The Lessee agrees to execute and deliver all
documents, instruments and financing statements necessary or
appropriate to perfect or maintain the security interest granted
hereby. The Lessor is authorized to file financing statements without
the Lessee's signature or to execute and file such financing
statements without the Lessee's signature on behalf of the Lessee as
specified by applicable law to perfect or maintain the Lessor's
security interest granted hereby. At the written request of the
Lessor, the Lessee will keep and maintain conspicuous records that the
Lessor holds a security interest in the Leased Property as described
herein.
Section 5.3. Liens: The Lessee shall not directly or
indirectly create, incur, assume or suffer to exist any mortgage,
pledge, lien, charge, security interest, encumbrance or claim on or
with respect to the Leased Property or any interest therein, except
the lien of the security interest of the Lessor created under this
Agreement. The Lessee shall promptly, at its own expense, take such
actions as may be necessary to duly discharge any such mortgage,
pledge, lien, charge, security interest, encumbrance or claim if the
same shall arise at any time with respect to the Leased Property.
Section 5.4. Inspection and Acceptance: Immediately upon
the installation of the Equipment, the Lessee shall inspect the
Equipment. Unless the Lessee gives the Lessor written notice of any
defect or other proper objection to the Equipment within fourteen (14)
days following its completion, it shall be conclusively presumed, as
between the Lessor and the Lessee, that the Lessee has fully inspected
and acknowledged that the Equipment is in good condition and repair,
has been properly installed and is performing satisfactorily, and that
the Lessee is satisfied with and has accepted the Equipment in such
good condition and repair.
Section 6. Warranties and Representations of the Lessee: The
Lessee has full power and authority to enter into this Agreement
relating to the performance of the Lessee's obligations hereunder and
the transactions contemplated hereby have been approved as required by
related governmental authority.
Section 7. Warranties and Representations of the Lessor: The
Lessor has full power and authority to enter into this Agreement
relating to the performance of the Lessor's obligations hereunder and
the transactions contemplated hereby have been approved as required by
related governmental authority.
Section 8. Tax Covenants: In accordance with Section
148(f)(4)(B) of the Internal Revenue Code of 1986, as amended (the
"Code"), the Lessee represents and covenants that it is a governmental
unit with general taxing powers; that the lease-purchase obligation
evidenced by this Agreement is not a private activity bond as defined
in Section 141 of the Code; and that 95~ or more of the net proceeds
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of the lease-purchase obligation evidenced by this Agreement are to be
used for the local government activities of the Lessee. The Lessee
covenants that it will not permit the Leased Property to be used in a
private business use. Nevertheless, if the use, possession, or
acquisition of the Equipment is determined to be subject to taxation,
the Lessee shall pay when due all taxes and governmental charges
assessed or levied against or with respect to the Leased Property.
Section 9. Disclaimer of Warranties:
Section 9.1. No Representations by the Lessor: The Lessee
acknowledges and agrees that the Equipment is of a design, size,
quality and capacity required by the Lessee and is suitable for its
purposes.
Section 9.2. Disclaimer: THE LESSOR MAKES NO WARRANTIES OR
REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN,
CONDITION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE
EQUIPMENT OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE
EQUIPMENT, AND, AS TO THE LESSOR, THE LESSEE LEASES THE EQUIPMENT FROM
THE LESSOR "AS IS".
Section 9.3. Assignment of Manufacturer's Warranties:
Notwithstanding the foregoing, the Lessor hereby agrees to assign to
the Lessee, solely for the purpose of making and prosecuting any such
claim, all of the Lessor's rights against the manufacturer or supplier
of the Equipment for breach of warranty or other representation
respecting the Equipment, to the extent the same is assignable;
however, to the extent such rights are not assignable, the Lessor
agrees to make and prosecute any such claim on the Lessee's behalf
upon written request by the Lessee, and the Lessee shall bear all the
costs of prosecuting such claims.
Section 10. Default and Remedies:
Section 10.1. Definition of Default: The Lessee shall be
deemed to be in default hereunder upon the happening of any of the
following events of default:
(a) The Lessee shall fail to make any Lease Payment or pay
any other such sum under this Agreement when due or shall fail to
perform or observe any term, condition or covenant of this
Agreement, where such failure is not cured by the Lessee within
thirty (30) days after receiving written notice from the Lessor
of such failure; or
(b) Proceedings under bankruptcy, insolvency,
reorganization, or similar litigation shall be instituted by or
against the Lessee, or a receiver, custodian, or similar officer
shall be appointed for the Lessee or any of its property, and
such proceedings or appointment shall not be vacated or fully
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stayed within twenty (20) days after institution or occurrence
thereof; or
(c) Any warranty, representation, or statement made by the
Lessee is found to be incorrect or misleading in any material
respect on the date made; or
(d) An attachment, levy, or execution is levied upon or
against the Leased Property; or
(e) The Leased Property or any part thereof is misused,
damaged beyond repair and not replaced, or any insurance
protecting loss of the same is canceled and the Lessee fails to
provide replacement coverage.
Section 10.2. Remedies on Default: Upon the occurrence of
any event of default, the Lessor may exercise any one or more of the
following remedies as the Lessor, in its sole discretion, shall elect:
(a) Declare the entire amount of Lease Payments hereunder
immediately due and payable as to any and all of the Leased
Property, with notice and demand to the Lessee;
(b) Proceed by appropriate court action to enforce
performance of the Lessee of the applicable covenants of this
Agreement or to recover for the breach thereof, including the
payment of Lease Payments due or to become due hereunder and
recovery of the Lessor's reasonable attorneys' fees and costs;
(c) With or without terminating this Agreement, enter and
take possession of the Leased Property without any court order or
other process of law and without liability for entering the
Premises; and/or
(d) Terminate this Agreement as to all or any part of the
Leased Property and use, operate, lease, or hold the Leased
Property as the Lessor, in its sole discretion, may decide.
Section 10.3. Further Remedies: A termination hereunder
shall occur only upon written notice of default and failure by the
Lessee to cure within thirty (30) days, and all remedies of the Lessor
are cumulative and may be exercised concurrently or severally. The
exercise of any one remedy shall not be deemed an election of such
remedy or preclude the exercise of any other remedy.
Section 11. Termination on Account of Non-Appropriation of Funds:
Section 11.1. Obligations of the Lessee:
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(a} Except as otherwise provided in this Section, the
obligation of the Lessee to pay Lease Payments and all other
amounts provided for in this Agreement and performance
obligations under this Agreement will be absolute and
unconditional, and such Lease Payments and other amounts will be
payable without any rights of set-off, recoupment, or
counterclaim that the Lessee might have against the Lessor or any
other person and whether the Leased Property is used by the
Lessee or available for use by the Lessee.
(b) While recognizing that it is not empowered to make any
binding commitment beyond the current fiscal year of this
Agreement, it is the current intention of the Lessee to make
sufficient annual appropriations during the Term and the Lessee
reasonably believes that monies can and will be lawfully
appropriated to pay all Lease Payments and other amounts required
to be paid by the Lessee under this Agreement. Notwithstanding
anything in this Agreement to the contrary, the Lessee's
obligation to pay the cost and expense of performing its
obligations under this Agreement, including, without limitation,
its obligations to pay all Lease Payments and all other amounts
to be paid by the Lessee under this Agreement, are subject to and
dependent upon appropriation being made from time to time by and
on behalf of the Lessee for such purpose.
(c) Upon the occurrence of an event of non-appropriation,
the Term of this Agreement shall terminate effective upon the
expiration of the fiscal year in which such event of non-
appropriation occurred, and the Lessee, in that sole event, being
no longer obligated to make any further Lease Payments beyond
that fiscal year. Notwithstanding the foregoing, the Lessee
agrees not to terminate this Agreement if any funds are
appropriated to it or other monies are made available to it for
the fiscal year next succeeding such termination for the
purchase, lease, rental or procuring of other property
functionally similar to the Leased Property by the Lessee from
any other party.
Section 11.2. Appropriation Notices: The Lessee shall give
notice to the Lessor by no later than June 30th of each year of the
amount appropriated by the Lessee for all payments required to be made
by the Lessee under this Agreement in the immediately succeeding
fiscal year and regardless of whether such amount is sufficient to
meet all such required payments during such period. The Lessee shall
give the Lessor notice promptly, but in no event later than thirty
(30) days after the occurrence of an event of non-appropriation.
Section 12. Assignment:
Section 12.1. Assignment by the Lessee: The Lessee agrees
not to sell, assign, lease, sublease, pledge, or otherwise encumber or
suffer a lien or encumbrance upon or against any interest in this
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Agreement or the Leased Property (except for the lien or security
interests of the Lessor), without the Lessor's prior written consent
which shall not be unreasonably withheld. The Lessee's interests
herein may not be assigned or transferred by operation of law.
Section 12.2. Assignment by the Lessor: The Lessor may, at
any time and from time to time, assign any or all of its interests in
this Agreement, including, without limitation, the Lessor's rights to
receive Lease Payments and any additional payments due or to become
due hereunder. Notwithstanding the foregoing, no assignment or
reassignment of this Agreement shall be effective unless or until the
Lessee shall receive a duplicate original counterpart of the document
by which assignment is made, disclosing the name and address of such
assignee.
Section 13. Miscellaneous:
Section 13.1. Waiver: No covenant or condition of this
Agreement can be waived except by the written consent of the party
granting such waiver. Any failure by the party to require strict
performance by the other party or any waiver by either party of any
terms, covenants, or agreements herein shall not be construed as a
waiver of any other breach of the same or of any other term, covenant,
or agreement herein.
Section 13.2. Severability: In the event that any portion
of this Agreement shall be determined to be invalid under any
applicable law, such provision shall be deemed void and the remainder
of this Agreement shall continue in full force and effect.
Section 13.3. Governing Law: This Agreement shall be
construed, interpreted and enforced in accordance with the laws of the
Commonwealth of Virginia.
Section 13.4. Notice: All notices made or required to be
given pursuant to this Agreement shall be in writing and shall be
deemed duly served if and when mailed, Certified or Registered Mail,
postage prepaid, Return Receipt Requested, to the other party at its
address set forth below or at such other address as the parties shall
hereafter designate in writing:
If to the Lessor:
Pittsylvania County, Virginia
P. O. Box 426
Chatham, VA 24531
Attention: County Administrator
If to the Lessee:
Town of Chatham, Virginia
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P. O. Box 370
Chatham, VA 24531
Attention: Mayor
Section 13.5. Headings: All section headings contained
herein are for convenience and reference only and are not intended to
define or limit the scope of any provisions of this Agreement.
Section 13.6. Entire Agreement: This Agreement, together
with the Schedules hereto, constitutes the entire agreement between
the parties to this Agreement and shall not be modified, amended,
altered or changed except by the written agreement signed by the
parties.
Section 13.7. Binding Effect: Subject to the specific
provisions of this Agreement, this Agreement shall be binding upon and
inure to the benefit of the parties and their respective successors
and assigns.
Agreement.
Section 13.8. Time: Time is of the essence of this
WITNESS the following signatures:
COUNTY OF PITTSYLVANIA, VIRGINIA
By•
Title:
TOWN OF CHATHAM, VIRGINIA
By:
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Title:
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COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF , to-wit:
The foregoing instrument was acknowledged before me this
day of November, 2010, by in his/her
capacity as of the COUNTY OF
PITTSYLVANIA, VIRGINIA, a political subdivision of the Commonwealth of
Virginia.
My commission expires: .
Registration No:
Notary Public
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF , to-wit:
The foregoing instrument was acknowledged before me this
day of November, 2010, by in his/her
capacity as of the TOWN OF CHATHAM,
VIRGINIA, an unincorporated town in the Commonwealth of Virginia.
My commission expires:
Registration No.
Notary Public
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Schedule A
All that parcel of land containing .095 acres as shown on a plat
drawn by Hurt & Proffitt Engineers, Inc., dated September 24, 2010,
said parcel being located in the Banister District further described
as beginning on the north right of way of State Route 9495; thence N.
35° 04' 58" W. a distance of 70.00 feet; thence N. 54° 55' 03" E. a
distance of 60.00 feet; thence S. 35° 04' 58" E. a distance of 70.00
feet to the right of way of State Route 9495; thence along said right
of way a distance of 60.12 feet to the point of beginning; and BEING,
IN FACT, the same property conveyed to The Board of Supervisors of the
County of Pittsylvania, Virginia, a political subdivision of the
Commonwealth of Virginia, from The School Board of the County of
Pittsylvania, by deed dated October 12, 2010, recorded in the Clerk's
Office of the Circuit Court of Pittsylvania County, Virginia, as of
Instrument No. 10-05644, at pages 78-82.
12
P13
1. Facility Operation: The Company agrees to locate a manufacturing facility at
Cane Creek Centre on lot 1, which has approximately fifty-nine (59) acres, and to maintain its
operations at the Facility without cease for at least sixty (60) months from the date of the last
incentive installment hereunder..
2. Capital Expenditures: The Company agrees to make new total taxable capital
investments to include building purchase, building improvements and renovations, as well as
machinery and equipment of at least Thirty Million Dollars ($30,000,000) within the thirty-
six month period commencing January 1, 2011 and ending January 1„ 2014, and to maintain
such capital investments at the Facility through a period ending sixty (60) months from the
date of the last incentive installment hereunder
3. Job Requirements: The Company agrees to create and fill three hundred
seventy-two (372) new full-time jobs with benefits within the thirty-six (36) month period
between January 1, 2011 and January 1, 2014. For purposes of this Agreement, full-time jobs
shall mean jobs which would ordinarily be scheduled to work a minimum of thirty-five (35)
hours per week on a yeaz-round basis, normal vacation and holiday excepted as well as
include a health benefits package
4. Funds Extended to Company RIFA, the County, and the City have developed an
incentive package, as follows, for the express purpose of inducing the Company to locate and
maintain its Facility in Cane Creek Centre and employ a significant number of persons at such
Facility. After transfer of the property in Cane Creek Centre lot one, as shown in the attached
survey, the County and the City will extend additional financial support and incentives to the
Company (collectively referred to hereinafter as the "Incentive Package"). It is expressly
understood that if all of the grant terms of these incentives are satisfied in accordance with
this Agreement, then the Incentive Package shall be irrevocably deemed non-refundable. The
following are the components of the incentive package:
a. The County and the City shall pay Grant funds to the Company up to a maximum
of Four Hundred Thousand Dollars ($400,000), payable in five (5) annual
installments of Eighty Thousand Dollars ($80,000) each. The Company shall be
eligible for the first installment in July 2011 upon the Company constructing
facility and commencing operations in the Facility. The succeeding four
payments, after the initial Eighty Thousand Dollar ($80,000) installment payment,
shall be made annually beginning in July, 2012, and concluding in July 2015,
conditioned and contingent upon Company demonstrating to the sole satisfaction
of the County and the City that it is making progress on and/or maintaining the job
creation and capital investment milestones hereunder and that it has paid and is
current on all taxes owed to the County, including but not lifted to Real Property,
Personal Property, Business Personal Property, and Business License (collectively
referred to herein as "Taxes").
b. The City will also provide as its portion of the local enterprise zone a new job
creation grant based on the wage level and the quality of jobs as outlined in the
table below. Based on the job description and wage projections provided by the
-2-
P22
Company, attached to this Agreement as Schedule A and made a part hereof, the
City will provide a job grant totaling up to One Hundred Thousand Dollars
($100,000) for new jobs created and filled during the thirty-six (36) month period
from January 1, 2011 to January 1, 2014. The Company will be eligible for the
first job creation grant installment payment in July, 2011, and annually thereafter
in July until the earlier of July, 2014 or the maximum amount of the job grant of
$100,000 has been paid to the Company. The amount of the job grant installment
payments for July, 2011, and July 2014, will be based on the number and wage
level of net new jobs created and filled by the Company in the six (6) month
period immediately preceding June 30~h in the respective year, and the amount of
each annual job grant installment payments for July, 2012, and July 2013, will be
based on the number and wage level of net new jobs created and filled by the
Company in the twelve (12) month period immediately preceding June 30`h in the
respective year, each of which will be calculated in accordance with the following
table:
Local Enterprise Zone Job Grant
<$9.00 per hour (<$18,720 annualized) $0 per new 'ob
$9.00 - $11.99 per hour ($18,720 - $24,939.20 annualized) $100 er new 'ob
$12.00 - $14.99 p er hour ($24,960 - $31,179.20 annualized) $150 er new 'ob
$15.00 - $19.99 p er hour ($31,200 - $41,579.20 annualized) $250 er new 'ob
$20.00 - $39.99 p er hour ($41,600 - $83,179..20 annualized) $350 er new 'ob
>$40.00 er hour $500 er new 'ob
The Company must annually submit a job profile of employment and wages in a form
reasonably acceptable to the City prior to any annual grant installment payment. A portion of
the job grant not to exceed $6,000 will be used to pay for office space occupied by the
Company at the Dan River Business Development Center. Additionally, the obligation of the
City to make any job grant installment payments hereunder is conditioned and contingent
upon the Company being current on all Taxes owed to the County.
c. The County will grant a fifty percent (50%) partial rebate of machinery and tool
taxes assessed on all net new investments for the installation year. This rebate is
available to the Company for each year that there is an increase in machinery and
tool taxes over the previous year as a result of net new investment by the Company
during that year. The obligation of the County to honor and make this partial
rebate is conditioned and contingent upon the Company being current on all Taxes
owed to the County.
d. The County will waive permit fees associated with the planning, design,
construction, and upfit of the Facility and will reimburse the Company for its tap
fees incurred in connecting the Facility to water, gas and/or sewer.
-3-
P23
5. Grant Termination if Terms are not Satisfied: If Company fails to satisfy all of
the terms of this Grant Agreement, then all Grant Funds not previously paid to Company shall
be forfeited by Company. Also, if Company fails to satisfy the terms of this Grant
Agreement, then Company shall be required to repay any Grant Funds previously received by
Company, including but not limited to the grant funds paid by the County and the City in the
form of the annualGrant as well as grant funds paid out by RIFA, the County and/or the City.
The repayment by Company of grant funds must be made not later than thirty days (30) after
the date on which Company is notified that it has not satisfied the terms of this Agreement.
6. Jobs Report: The Company agrees to report to the County and City by July 1, 2011,
and every six (6) months thereafter, the number of new full-time jobs and wagte levels created
and retained by the Company at the Facility. The .Company further agrees that Pittsylvania
County and the City of Danville's Economic Development Directors or designees are
authorized to verify any and all job creation numbers through the Virginia Employment
Commission.
7. Taxable Capital Expenditures and Real Property Improvement Report: The
Company also agrees to provide a certificate to the City and County annually, beginning
January 1, 2012, verifying the Company's progress in investment, and maintenance of the
investment, toward the milestone of at least Thirty Million Dollars ($30,000,000). The
Company further agrees that the Pittsylvania County and the City of Danville's Economic
Development Direcotrs or designees are authorized to verify all taxable capital equipment
expenditures and related information through the appropriate office of the Commissioner of
Revenue.
8. Audit and Guideline Requirements: The Company agrees to allow the County
and the City reasonable access to all records pertaining to the Company's employment and
investment at the Facility and to cooperate with the County and the City in any audit of such
records by furnishing all information necessary to verify the Company's performance under
this Agreement. In return, the County and the City agree to maintain the confidentiality of any
and all sensitive information, including, but not limited to, personal payroll earnings or
similar information that the County or the City may receive or access.
9. Governing_Law: This Agreement shall be construed in accordance with the
laws of the Commonwealth of Virginia, and if legal action by either party is necessary for or
with respect to the enforcement of any or all of the terms and conditions hereof, then
exclusive venue therefore shall lie in the City of Danville, Virginia and/or within the confines
of Pittsylvania County.
10. Notice: Any notice required or contemplated to be given to any of the parties
by any other party shall be in writing and shall be given by hand-delivery, telecopier, certified
or registered United States mail, or a private courier service which provides evidence of
receipt as part of its service, as follows:
DANVILLE-PITTSYLVANIA REGIONAL
INDUSTRIAL FACILITY AUTHORITY
-4-
P24
Attention: Chairman
c/o Director, Finance Department
City of Danville
427 Patton Street
Danville, Virginia 24541
Telecopier: 434-799-5041
COUNTY OF PITTSYLVANIA, VIRGINIA
Attention: County Administrator
21 North Main Street
Chatham, Virginia 24531
Telecopier: 434-432-7714
CITY OF DANVILLE, VIRGINIA
Attention: City Manager
427 Patton Street
Danville, Virginia 24541
Telecopier: 434-799-6549
UNITED STATES GREEN ENERGY CORPORATION
Attention:
Telecopier: _ -
Any party may change the address or telecopier number to which notices hereunder
are to be sent by giving written notice of such change in the manner provided herein, and
notice given hereunder shall be deemed given on the date ofhand-delivery, transmission by
telecopier, deposit with the United States Postal Service properly addressed and postage
prepaid, or delivery to a private courier service properly addressed with all charges prepaid as
appropriate.
11. Entire Agreement: This Agreement contains the entire agreement and
understanding of the parties to this Agreement with respect to the provisions contemplated
hrein; and this Agreement supersedes all prior understandings and agreements of the parties
with respect to the subject matter hereof.
12. Headings: The descriptive headings in this Agreement are inserted for
convenience only and do not constitute a part of this Agreement.
13. Binding Effect: This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective successors, assigns, and legal representatives.
14. Amendment and Modification: The parties to this Agreement may amend,
modify, and/or supplement this Agreement in such manner as may be agreed upon by the
-5-
P25
parties, provided such amendments, modifications, and/or supplements are reduced to writing
and signed by the parties to this Agreement or their successors in interest.
15. Execution: This Agreement may be executed in any number of duplicate
counterparts, each of which shall be deemed an original.
WITNESS the following signatures and seals:
DANVILLE-PITTSYLVANIA REGIONAL
INDUSTRIAL FACILITY AUTHORITY
By:_
Title:
The foregoing instrument was acknowledged before me this day of
200_, by , in his capacity as of the
Danville-Pittsylvania County Regional Industrial Facility Authority, a political subdivision of
the Commonwealth of Virginia, on behalf of such entity..
Notary Public
My commission expires:
CITY OF DANVILLE, VIRGINIA
ATTEST:
City Clerk
By:
P26
Joe King.
City Manager
-6-
COMMONWEALTH OF VIRGINIA
CITY OF DANVILLE
The foregoing instrument was acknowledged before me this day of
200_, by Joe King., in his capacity as City Manager of the City of
Danville, Virginia, on behalf of the corporation.
My commission expires:
Notary Public
PITTSYLVANIA COUNTY, VIRGINIA
By:_
ATTEST:
County Clerk
COMMONWEALTH OF VIRGINIA
PITTSYLVANIA COUNTY
Dan Sleeper County Manager
The foregoing instrument was acknowledged before me this day of
200_, by Pittsylvania County., in his capacity as County Manager of
Pittsylvania County, Virginia, on behalf of the corporation.
My commission expires:
Notary Public
-7-
P27
US Green Energy, LLC
By: _
Name:
Title:
COMMONWEALTH OF VIRGINIA
CITY OF DANVILLE/PITTSYLVANIA COUNTY
The foregoing instrument was acknowledged before me this
_, 200_, by Bob Bennett, in his capacity as
US Green Energy.
day of
of
Notary Public
My commission expires:
-8-
P28
Attachment A Example
Per Job 2011 2012 2013 2014 2015
$100 ($18,720 -
$24,939.20 annualized)
$150 ($24,960 -
$31,179.20 annualized)
$250 ($31,200 -
$41,579.20 annualized)
$350 ($41,600 -
$83,179.20 annualized)
$500 (>$83,179.20)
Column Total
-9-
P29
coz s~v~
~~~v~A
PITTSYL`VANIA C®UNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
~ Consent Agenda: Regional One-December 2010
SUBJECT/PROPOSAL/REOUEST:
Approval of Contract Payment
STAFF CONTACT(S):
Sleeper, VanDerllyde
AGENDA DATE:
11-16-10
ACTION:
CONSENT AGENDA:
ACTION:
Yes
ATTACHMENTS:
No
ITEM UMBER:
8(a)
INFORMATION:
INFORMATION:
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 December. 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 December 2010.
P30
~IEAItI~1G
Off' T IE
CIT~Z~~ S
P~~~,~c ~~~~~vG
PI'I"I'SYLVANIA C®UlV'TY
Board of Supervisors
EXECiJT'IVE SUMMARY
~~ AGENDA TITLE: AGENDA DATE:
Public Hearing -Amendments to Chapter 12, Moral 11-16-2010
Decency and Standards, of the Pittsylvania County
Code ACTION:
Yes
SUBJECT/PROPOSAL/REOUEST: CONSENT AGENDA:
ACTION:
Amendments to Chapter 12, Section 15, of the
Pittsylvania County Code ATTACHMENTS:
Yes
n~
STAFF CONTACT(S): REVIEWED BY:
William D. Sleeper
BACKGROUND:
ITEM NUMBER:
8
INFORMATION:
INFORMATION:
The Board of Supervisors of Pittsylvania County held the required public hearing to adopt a community
standards/obscenity ordinance, designated as Chapter 12, Section 15, of the Pittsylvania County Code.
Subsequent questions have arisen concerning Internet service providers and persons in retail establishments
relating to definitions of the ordinance.
DISCUSSION:
At the request of the Honorable Marshall Ecker, legal counsel had drafted proposed amendments to Section
12-15.15 under Subsection (2) a new Subsection 12-15.15.1, a requirement to demonstrate age. In addition,
this establishes the required civil penalties in accordance with the Virignia State Code.
RECOMMENDATION:
Staff submits the Board of Supervisors, following the required public hearing, to amend Chapter 12-15.15.1
for immediate approval and amendment to the County ordinance.
P31
PUBLIC HEARING NOTICE
The Board of Supervisors of Pittsylvania County will hold a public hearing on
Tuesday, November 16, 2010 at 7:00 p. m. in the General District Courtroom of the
Edwin R. Shields Courthouse Addition in Chatham, Virginia to receive citizen input on a
proposed amendment to Chapter 12, Section 15-Obscenity, of the Pittsylvania County
Code concerning amendments necessary in relation to Internet service and to clarify the
requirements for demonstration of age for juveniles.
A full text of the proposed ordinance is available for inspection 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.
P32
Star-Tribune
November 10, 2010
PUBLIC EARI ®TICE
The Board of Supervisors of Pittsylvania County will hold
a public hearing on Tuesday, November 16, 2010 at 7:00 p.
m. in the General District Courtroom of the Edwin R. Shields
Courthouse Addition in Chatham, Virginia to receive citizen in-
put on a proposed amendment to Chapter 12, Section 15-Ob-
scenity, of the Pittsylvania County Code concerning amend-
- ments necessary in relation to Internet service and to clarify
the requirements for demonstration of age for juveniles.
A full text of the proposed ordinance is available for inspec-
t. tion 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.
P33
Star-Tribune
November 3, 2010
PUBLIC HEARING NOTICE
The Board of Supervisors of Pittsylvania County will hold
a public hearing on Tuesday, November 16, 2010 at 7:00 p.
m. in the General District Courtroom of the Edwin R. Shields
Courthouse Addition in Chatham, Virginia to receive citizen in-
put on a proposed amendment to Chapter 12, Section 15-Ob-
scenity, of the Pittsylvania County Code concerning amend-
- ments necessary in relation to Internet service and to clarify
the requirements for demonstration of age for juveniles.
A full text of the proposed ordinance is available for inspec-
tion 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.
P34
PITTSYLVANIA CO~JNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE: AGENDA DATE: ITEM NUMBER:
Amendments to the Obscenity Ordinance-Chapter 12 11-01-2010 14
of the Pittsylvania County Code
ACTION: INFORMATION:
SUBJECT/PROPOSAL/IZEOUEST: Yes
Amendments to Chapter 12, Section 15, of the CONSENT AGENDA:
Pittsylvania County Code ACTION: INFORMATION:
STAFF CONTACT(S):
William D. Sleeper
ATTACHMENTS:
Yes
REVIEWED BY:
BACKGROUND:
The Board of Supervisors held the required public hearing and adopted a community standard entitled "Obscenity
Ordinance" in Chapter 12, Section 15, of the Pittsylvania County Code.
DISCUSSION:
In order to insure the effective operation of that code, some amendments are necessary in relation to Internet service
and to clarify the requirements for demonstration of age for juveniles.
RECOMMENDATION:
Staff recommends the Board of Supervisors set a public hearing for November 16, 2010, in order to receive citizen
input on the proposed amendments to Chapter 12, Section 15 of the Pittsylvania County Code.
P35
WII.I.IAMS, MORRI30N, LIGHT AND MOR.EAU
ATTORNEYS AT LAW
RONALD W. WILLIAMS 317 PA'iTON STREET OHA1tLF,~ A. AtUREAU
MARK T. WILLUMS DANVILLE, V1ItGINIA- 24541-1213 (thG2-2005)
ROBERT ~ MORRISON,)R.., P.C.
JOI~iN P, LIGHT 'TELEPHONE (434) 793-44t3
FAX (434) 77L64t0
EIvtAIi: wmlm~gamewood.riet
www.wiliiamsmorrir~nlight nct
OCtaber 6, ~~ ~ Q
Marshall Bcker
Legislative Committee Chairlxian of
Pittsylvania. County Board of Supervisor
785b Deerview load
Gretna, Virginia 24557
B.e; Modifications to the Pittsylvania Ca. Obscenity ®rdinance
Dear Marshall;
Enclosed herewith please f nd a draft of the pr®p®sed revisions to the Pifitsyl~al~ia County
Obscenity ®rdi.nance that you requested an September ~ I, 20I ~. If' the proposed
modifications are acceptable anal you wish to proceed with the modifications, please
advise Mr. Sleeper to put the matter on the Agenda for authari~atian. to praceed with a
public hearing on the proposed arr-endments. If you wish additianal revisions to the
Obscenity Ordinance generally ar to Code Sections which are proposed to be niadified,
please contact me at your earliest convenience so that we can get~addi,tianal revisions
prepared far your consideration.
Very truly yours,
iNILLIAMS,
LY ,. ANA
~~
JPL/bw
cc~ 'William, D. Sl:eepei•
P36
proposed
Sec. 15.15 Unlawful sales or loans to juveniles generally.
It shall be unlawful for any person to knowingly sell, rent or loan to a juvenile, la~owing
or having reason to know that such person is 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 pictwe film or simiiaz 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 pazagraph (1) above, or
explicit and detailed verbal descriptions or narrative accounts of sexual
excitemeni, sexual conduct or sadomasochistic abuse and which, taken as a
whole, is harmful to juveniles.
However, if a person uses services of Internet service provider or an electronic mail
service provider in committing acts prohibited under this subsection, such Internet service
provider or electronic mail service provider shall not be held responsible for violating this
subsection.
State law references: Similar provisions, Code of Virginia, § 18.2-391.
Sew 1 S.1 S.1 Requirement to demwnstrate age
No person shall sell, rent, or loan any item described in Section 1 S.1 S(1) or (2) to any
individual who does not demonstrate his age in accordance with the provisions of subsection C
of Virginia Code Section 18.2-371.2
A person or separate retail establishment who violates this subsection shall be liable for
a civil penalty not to exceed one hundred dollars for a first violation, a civil penalty not to
exceed two hundred dollars for a second violation, a civil penalty not to exceed five hundred
dollars for a third of subsequent violation.
State law references: Similar provisions, Code of Virginia, ~ 18.2-391.
P37
Existing
Sec. 12-15.15. Unlawful sales or loans to juveniles generally.
It shall be unlawful for any person to knowing sell, rent or loan to a juvenile, knowing or
having reason to know that such person is 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.
However, if a person uses services of Internet service provider or an electronic mail service
provider in committing acts prohibited under this subsection, such Internet service provider or
electronic mail service provider shall not be held responsible for violating this subsection.
State law references: Similar provisions, Code of Virginia, § 18.2-391.
Sec.12-15.16. 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 and 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.
State law references: Similar provisions, Code of Virginia, § 18.2-391.
P38
PITTSY~.,VAI~TIA COUN'T'Y
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Public Hearing- Revisions to Chapter 1 of the
Pittsylvania County Code on Intergovernmental
Agreements
SUBJECT/PROPOSAL/REOUEST:
Intergovernmental Agreement-Town of Chatham,
Pittsylvania County
STAFF CONTACT(S):
William D. Sleeper
AGENDA DATE:
11-16-2010
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
Yes
REVIEWED BY:
n
ITEM NUMBER:
9
INFORMATION:
INFORMATION:
BACKGROUND:
The County Administrator has been working with the Pittsylvania County Service Authority, the Town of
Chatham, and the Pittsylvania County Board of Supervisors as well as the Virginia Department of Health to
develop a required Service Area Agreement and Booster Station Agreement in order to provide water service
to the Olde Dominion Agricultural Complex (ODAC) on RT 29.
DISCUSSION:
The Board has advertised for a required public hearing to amend Chapter 1 of the Pittsylvania County Code
entitled 1-18 (g) Intergovernmental Agreement -Town of Chatham -Pittsylvania County for Booster Station
and Service Area North of the Town of Chatham.
RECOMMENDATION:
Staff recommends the Board of Supervisors, following the required public hearing, approve the agreement
and authorize the Chairman to sign on the behalf of Pittsylvania County and incorporate this agreement into
Chapter 1-18 (g) of the Pittsylvania County Code entitled Intergovernmental Agreement; Town of Chatham -
Pittsylvania County for Booster Station and Service Area North of the Town of Chatham.
P39
PUBLIC HEARING NOTICE
The Board of Supervisors of Pittsylvania County will hold a public hearing on
Tuesday, November 16, 2010 at 7:00 p. m. in the General District Courtroom of the
Edwin R. Shields Courthouse Addition in Chatham, Virginia to receive citizen input on a
proposed revision to Chapter 1 of the Pittsylvania County Code concerning an
intergovernmental agreement with the Town of Chatham and the Pittsylvania County
Service Authority concerning the booster station and service area north of Chatham.
A full text of the proposed ordinance is available for inspection 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.
P40
Star-Tribune
November 10, 2010
PU LQC HEARING Nt~TICE
The Board of Supervisors of Pittsylvania County wilt hold
a public hearing on Tuesday, November 16, 2010 at 7:00 p.
m. in the General District Courtroom of the Edwin R. Shields
Courthouse Addition in Chatham, Virginia to receive citizen ,
input on a proposed revision to Chapter 1 of the Pittsylvania
County Code concerning an intergovernmental agreement
with the Town of Chatham and the Pittsylvania County Ser-
viceAuthority concerning the booster station and service area
north of Chatham.
A full text of the proposed ordinance is available for inspec-
tion 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.
P41
Star-Tribune
November 3, 2010
PUELIC HEARING N®TICE
The Board of Supervisors of Pittsylvania County will hold
a public hearing on Tuesday, November 16, 2010 at 7:00 p.
m. in the General District Courtroom of the Edwin R. Shields
Courthouse Addition in Chatham, Virginia to receive citizen
input on a proposed revision to Chapter 1 of the Pittsylvania
County Code concerning an intergovernmental agreement
with the Town of Chatham and the Pittsylvania County Ser-
viceAuthority concerning the booster station and service area
north of Chatham.
A fu11 text of the proposed ordinance is available for inspec-
tion 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.
P42
PITTSYLVANIA C®UNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Service Area Booster Station Agreement
AGENDA DATE:
10-19-2010
ITEM NUMBER:
19
SUBJECT/PROPOSAL/REOUEST:
Intergovernmental Agreement
ACTION:
Yes
CONSENT AGENDA:
ACTION:
INFORMATION:
INFORMATION:
STAFF CONTACT(S): ATTACHMENTS:
William D. Sleeper Yes
REVIEWED BY:
BACKGROUND:
The County Administrator has been working with the Pittsylvania County Service Authority (PCSA), the
Town of Chatham,The Pittsylvania County Board of Supervisors, and the Boazd of Supervisors, as well as
the Board from the Olde Dominion Agricultural Development Center (ODAC) to provide increased water
service through a booster station in the Town of Chatham to the ODAC and the citizens living north of
Hodnett Mill Road in Town's service area.
DISCUSSION:
Attached hereto in an intergovernmental agreement for the service azea and the development and construction
of the booster station to be lease purchased by the Town of Chatham back through a separate lease purchase
agreement and for the PCSA to give up the service area to the Town north of Hodnett Mill Road to the Dry
Bridge on RT 29.
Cunenlty the agreement has been reviewed and approved by the PCSA and the Town of Chatham, and the
Town is currently signing the agreement. This is a request to the Board of Supervisors to approve the
agreement and authorize the Chairman and the County Administrator to sign the required documentation and
set a public hearing to amend Chapter 1, Intergovernmental Agreements, of the Pittsylvania County Code and
incorporate this agreement into Chapter I of the Pittsylvania County Code.
RECOMMENDATION:
Staff recommends the Board of Supervisors approve the agreement and authorize a public hearing be held on
Tuesday, November 16, 2010 to incorporate the intergovernmental agreement into Chapter 1 of the
Pittsylvania County Code.
P43
Proposed
SEC. 1-8. JOINT EXERCISE OF POWERS
The Board of Supervisors of Pittsylvania County may enter into an intergovernmental
agreement where two or more political subdivisions share joint action pursuant to the
authority of Chapter 13, Section 15.2-1300, Code of Virginia, 1950, as amended, provided
that all requirements of Section 15.2-1300 are met and the document is identified herein.
(a) Agreement between Pittsylvania County, Virginia, the Pittsylvania County Industrial
Development Authority, and the Pittsylvania Economic Development Organization,
February 18, 1986.
(b) Agreement entitled "Tri-County Lake Administrative Commission" between the
Pittsylvania County, Virginia, Franklin County, Virginia and Bedford County, Virginia,
October 2, 2000.
(c) Agreement entitled "Regional Industrial Facility Authority" for Cost sharing and
Revenue sharing between the City of Danville, Virginia, and Pittsylvania County,
Virginia, October 1, 2001.
(d) Agreement entitled "Joint Powers Association Agreement" Virginia Energy Purchasing
Governmental Association.
(e) Agreement entitled "Joint Exercise of Powers Agreement for Broadband Internet
Services" between the Pittsylvania County, City of Danville, Danville Public Schools,
and Pittsylvania County Schools.(B.S.M. OS-18-04)
(fj Agreement entitled "Boundary Adjustment -Town of Hurt" between Pittsylvania
County and the Town of Hurt. (B.S.M.02-04-08)
(g) Agreement between Town of Chatham -Pittsylvania County for Booster Station
and Service Area North of the Town of Chatham
P44
Proposed
Service Area and booster Station Construction Agreement
This AGREEMENT dated as of the 1st day of November 2010, by and between
the COUNTY OF PITTSYLVANIA, a political subdivision of the Commonwealth of
Virginia, hereafter know as COUNTY, and the TOWN OF CHATHAM, An
Incorporated town in the Commonwealth of Virginia, hereafter known as TOWN, and
the PITTSYLVANIA COUNTY SERVICE AUTHORITY, a political subdivision of
the Commonwealth of Virginia, hereafter known as the AUTHORITY, provides:
W~~N~SSS~+ 7'~:
WHEREAS, the County wishes to provide water and sewer service to the Olde Dominion
Agricultural Center located off U.S. Route 29 south of the Norfolk Southern Railway at
Dry bridge; and
WHEREAS, the Town wishes to assist the County in providing the water and sewer
service to the Olde Dominion Agricultural Center; and
WHEREAS, The Authority, which has control of the services of water and sewer in the
unincorporated areas of the County, wishes also to participate with the County and the
Town to provide water and sewer services to the Olde Dominion Agricultural Center; and
WHEREAS in order to provide the necessary water and sewer services to the Olde
Dominion Agricultural Center off U.S. Route 29 the parties hereto must coordinate
services in a manner that will meet the regulations and requirements of the Virginia
Department of Health; and
WHEREAS, the County, Town, and Authority agree with the need for the project and
agree that the facilities proposed to provide the service are in accordance with the
standazd operating procedures of the County, Town, and Authority; and
WHEREAS, the development of this project requires boosting the water pressure to the
Olde Dominion Agricultural Center and the northern area of the Town requires the
relocation of the proposed booster station to meet service area needs at additional costs
to the project, all parties agree that the relocation of the booster station is mutually
beneficial to all parties; and
WHEREAS, the Virginia Department of Health has identified that the issue of low
pressure in this area of the Town system be resolved within one (1) yeaz, if the booster
station is located at the medical center as currently designed. All parties agree that absent
the Agricultural Center project the low pressure would not have to be addressed within
the one {1) yeaz timeframe and the Town does not have the available funds to rectify the
problem in one (1}yeaz if the booster station is located as designed; now
P45
THEREFORE, in considerations of the mutual covenants and agreements herein after
contained and other valuable consideration, the parties hereto covenant and agree as
follows:
Section 1.1 Purpose
In association with the Olde Dominion Agricultural Center water and sewer project, the
Town is requesting a costs sharing structure to relocate a water booster pump station to
the edge of Chatham, Va. to resolve the pressure issues that currently exist the northern
area of the town understand that the utilities to serve the Agricultural Center aze already
contracted to be constructed, and that the purpose of this agreement is to relocate a water
booster station closer to the town from it's originally designed location at the Medical
Center.
Section 2.1 Mutual Interest of parties
The relocation of the water booster station is of mutual interest to all parties because it is
in the best interest of the citizens of the county.
The parties agree that the water booster pump station cannot be relocated without the
participation of all parties, because neither the Town nor the Authority has the funds
to afford the relocation of the booster station.
Section 3.1 Responsibilities of the parties
The County agrees to perform the following activities:
(i) Provide the revenue for the engineering, construction and temporary service.
(ii) Agree to provide the Towns share of the costs associated with the relocation of
the water booster pumping station at an annual interest rate of 2.5 percent (%) in
accordance with this Subsection by a Lease -Purchase agreement
(iii) The County agrees to provide the construction management and administration
of the project.
(iv) The county agrees to work with the Town to provide equipment that will match
the town's current maintenance system, and allow Town input on the design of
the facilities.
2
'P46
The Town agrees to perform the following activities:
(i) Assume responsibility for the service area north of town to the Norfolk
Southern railroad at Dry Bridge, on U.S. Route 29 .
(ii) Assume responsibility for the water booster station including operation and
maintenance;
(iii) Assume responsibility for Sanitary Sewer pump station and force main,
including operation and maintenance
(iv) Receive revenues from the new service area;
(v) Reimburse the County the Towns share of the relocation
Costs of the water booster pump station over a ten (10) yeaz period at an annual
interest rate of 2.5%; In accordance with aLease-Purchase agreement under a
separate document.
(vi) Work with the County to locate a site that is mutually acceptable.
(vii) Agrees to share and reimburse the County for half the costs of temporary
engineering and facilities costs of water and sewer service to the Agricultural
Center due to the delay in the project.
The Authority agrees to perform the following activities:
(i) Give up the service area north of town along the Norfolk Southern railway to
Dry bridge, and adjacent to U.S. Route 29, to the Town of Chatham.( See
Exhibit D)
(ii) The Authority's current allocation of 1200 GPD in the Medical Center Tank is
require to serve other customers in the area, and shall remain, and will not affect
the Authority's existing allocation from the Town
Section 4.1 Exhibits
A. Estimated costs of the water booster station and relocation
B. Detailed engineering costs and contract
3
P47'-
C. Estimated costs engineering and facilities for of temporary service to the
Agricultural Center
This Agreement shall take effect November 1, 2010
IN WITNESS WHEREOF, the parties have caused this agreement to be duly
executed and effective as of the 151 day of November, 2010, by their duly authorized
Boards and Council.
COUNTY OF PITTSYLVANIA, VIRGINIA
Henry A. Davis, Chairman
Board of Supervisors
CLERK OF THE BOARD
William D. Sleeper
TOWN OF CHATHAM, VIRGINIA
George A. Haley, Mayor
Town of Chatham
CLERK OF COUNCIL
J. David Cothran
`P48
PITTSYLVANIA COUNTY SERVICE AUTHORITY
Coy E. Harville, Chairman
Pittsylvania County Service Authority
SECRETARY OF AUTHORITY
Bennie R. Snead
Approved as to Form
Legal Counsel
APPROVED AS TO FORM
John P Light
County Attorney
S
P49
Existing
CHAPTER 1
GENERAL PROVISIONS
§ 1-1. How Code Designated and Cited
§ 1-2. Provisions Considered as Continuations of Existing Ordinances
§ 1-3. Severability of Parts of Code
§ 1-4. Catchlines of Sections
§ 1-5. Rules of Construction
§ 1-6. General Penalty: Continuing Violation
§ 1-7. County Seal
§ 1-8. Joint Exercise of Powers
P50
CHAPTER 1
GENERAL PROVISIONS
SEC. 1-1. HOW CODE DESIGNATED AND CITED
The ordinances embraced in this and the following chapters and sections shall constitute
and be designated "The Code of the County of Pittsylvania, Virginia, 1976" and may be
so cited. Such ordinances may also be cited as "Pittsylvania County Code of 1976."
SEC.1-2. PROVISIONS CONSIDERED AS CONTINUATIONS OF EXISTING
ORDINANCES
The provisions appearing in this Code, so far as they are the same as those contained in
the Board of Supervisors Minute books shall be considered as continuations thereof and
not as new enactments.
SEC. 1-3. SEVERABILITY OF PARTS OF CODE
It is hereby declared to be the intention of the Board of Supervisors that the sections,
paragraphs, sentences, clauses, and phrases of this Code are severable, and if any phrase,
clause, sentence, paragraph, or section of this Code shall be declared unconstitutional by
the valid judgment or decree of a court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs, and sections of this Code.
SEC.1-4. CATCHLINESS OF SECTIONS
The catchlines of the several sections of this Code as intended as mere catchwords to
indicate the contents of the section and shall not be deemed or taken to be titles of such
sections, nor as any part of the section, nor, unless expressly so provided, shall they be
so deemed when any of such sections, including the catchlines, are amended or re-
enacted.
P51
SEC. 1-5. RULES OF CONSTRUCTION
In the construction of this Code and of all ordinances the following rules shall be
observed, unless such construction would be inconsistent with the manifest intent of the
Board of Supervisors:
Board. The word "board" shall be construed to mean "The Board of Supervisors of
the County of Pittsylvania".
Computation of Time. Whenever a notice is required to be given, or an act to be
done, a certain length of time before any proceeding shall be had, the day on which such
notice is given, or such act is done, shall be counted in computing the time, but the day
on which such proceeding is to be had shall not be counted.
Coun .The words "County" or "the County" shall mean the County of Pittsylvania
in the State of Virginia.
Gender. A word imparting the singular number only may extend and be applied to
several persons or things as well as to one person or thing; a work imparting the plural
number only may extend and be applied to one person or thing; as well as to several
persons or things.
Person. The word "person" may extend and be applied to associations, firms,
partnerships, and bodies political and corporate as well as to individuals.
State. The word "state" shall be construed as if the words "of Virginia" followed it.
SEC.1-6. GENERAL PENALTY: CONTINUING VIOLATION
Wherever in this Code, or in any ordinance or resolution of the county, or rule or
regulation or order promulgated by any officer or agency of the county under authority
duly vested in him or if any act is prohibited or is declared to be unlawful or a
misdemeanor of the doing of any act is required or the failure to do any act is declared to
be unlawful or a misdemeanor, and no specific penalty is provided for the violation
thereof, the violation of any such provision of this Code or of any such ordinance,
resolution, rule, regulation, or order shall be punished by a fine not exceeding one
thousand dollars or by imprisonment not exceeding twelve months, or both. Each day
any violation of this Code or any such ordinance, resolution, rule, regulation or order
shall continue, shall constitute, except where otherwise provided, a separate offense.
P52
SEC. 1-7. COUNTY SEAL
The corporate seal of the county shall be circular in form, one and seven-eights inches in
diameter, with the words "Seal of Pittsylvania County Virginia" and "1767" appearing
on the circumference with a design in the center depicting the American bald eagle. No
other seal shall be used for the county and no paper issued by municipal authority, which
requires the seal of the county shall be valid unless the seal described herein, shall be
duly affixed thereto, attested by the county clerk. The clerk shall be the custodian of the
county seal. An imprint of the seal is hereby approved and adopted is attached to the
original draft of this ordinance. This ordinance shall become effective on and
all other ordinances or parts of ordinances in conflict herewith are hereby repealed on
January 1, 1975.
SEC. 1-8. JOINT EXERCISE OF POWERS
The Board of Supervisors of Pittsylvania County may enter into an intergovernmental
agreement where two or more political subdivisions share joint action pursuant to the
authority of Chapter 13, Section 15.2-1300, Code of Virginia, 1950, as amended,
provided that all requirements of Section 15.2-1300 are met and the document is
identified herein.
(a) Agreement between Pittsylvania County, Virginia, the Pittsylvania County Industrial
Development Authority, and the Pittsylvania Economic Development Organization,
February 18, 1986.
(b) Agreement entitled "Tri-County Lake Administrative Commission" between the
Pittsylvania County, Virginia, Franklin County, Virginia and Bedford County,
Virginia, October 2, 2000.
(c) Agreement entitled "Regional Industrial Facility Authority" for Cost sharing and
Revenue sharing between the City of Danville, Virginia, and Pittsylvania County,
Virginia, October 1, 2001.
(d) Agreement entitled "Joint Powers Association Agreement" Virginia Energy
Purchasing Governmental Association.
(e) Agreement entitled "Joint Exercise of Powers Agreement for Broadband Internet
Services" between the Pittsylvania County, City of Danville, Danville Public
Schools, and Pittsylvania County Schools. (B.S.M. 05-18-04)
(f) Agreement entitled "Boundary Adjustment -Town of Hurt" between Pittsylvania
County and the Town of Hurt. (B.S.M.02-04-08)
P53
SEC. 1-8. 1. JOINT POWERS ASSOCIATION AGEEMENT -VIRGINIA ENERGY
PURCHASING
Governmental Association
WHEREAS, The VMLNACO Virginia Power Steering Committee (the
"Committee), composed of representatives of the Pittsylvania County Board of Supervisors
and other local governments and political subdivisions of the Commonwealth of, has for
over several decades negotiated on behalf of such governmental units a standard form
contract for their purchase of electricity supply and delivery service from Virginia Electric
and Power Company ("Virginia Power") as a sole source provider; and
WHEREAS, political subdivisions of the Commonwealth of Virginia are authorized
under Virginia law to exercise jointly powers that they otherwise are authorized to exercise
independently, and the terms and conditions of such authorization are currently set forth in
Sections 15.2-1300, et sea. of the Virginia Code (the "Joint Powers Act); and
WHEREAS, the Virginia Electric Utility Restructuring Act (the "Restructuring
Act") further authorizes municipalities and other political subdivisions in Commonwealth to
aggregate their electricity supply requirements for the purpose of their joint purchase of such
requirements from licensed suppliers, and the Restructuring Act provides that such
aggregation shall not require licensure; and
WHEREAS, the Virginia Public Procurement Act (the "Procurement Act") exempts
from its competitive sealed bidding and competitive negotiation requirements (the
"Requirements") the joint procurement by public bodies, utilizing competitive principles, of
electric utility services purchased through member associations under the conditions set
forth in the Procurement Act; and
WHEREAS, the committee recommends that the aggregation and procurement of
electric supply, electric delivery, and other energy-related services ("Energy Services") be
effectuated as provided in the Joint Powers Association Agreement, a copy of which is
attached to and made part of this Ordinance (the "Joint Powers Agreement"), in accordance
with applicable provisions of the Procurement Act, such as the utilization of competitive
principles pursuant to an exemptions from the Requirements; and
WHEREAS, the Committee also recommends that the other services provided by
the Committee to its members be effectuated as provided in the Joint Powers Agreement,
with such services consisting of (i) assistance in implementing standard form contracts for
the purchase of services from incumbent electricity utilities, (ii) education of members
regarding electricity procurement issues, (iii) monitoring of legal and regulatory
developments affecting the provision of electricity service to local governments, and (iv)
hiring of consultants and legal counsel to assist in its provisions of the foregoing services
("Steering Committee Services")
WHEREAS, it appearing to the Board of Supervisors of Pittsylvania County that
the joint procurement of the Energy Services pursuant to the Joint Powers Agreement and
the provision of Steering Committee Services pursuant to the Joint Powers Agreement is
otherwise in the best interests of Pittsylvania County.
P54
NOW, THEREFORE, BE 1T RESOLVED that:
(1) Competitive sealed bidding and competitive negotiation for the procurement of
Energy Services are not fiscally advantageous to the public because the procurement
process for Energy Services must be flexible enough to respond to quickly changing
market conditions in which energy process can fluctuate considerably on a daily or
even hourly basis.
(2) The aggregation and joint procurement of the Energy Services pursuant to the Joint
Powers Agreement is hereby approved.
(3) The provision of Steering Committee Services pursuant to the Joint Powers
Agreement is hereby approved.
(4) The Joint Powers Agreement and the performance of the terms and conditions
thereof on behalf of Pittsylvania County are hereby authorized and approved.
(5) The County Administrator is hereby authorized and directed to execute and deliver
the Joint Powers Agreement on behalf of the Pittsylvania County Board of
Supervisors in substantially the form presented to this meeting.
(6) The payment obligations of Pittsylvania County pursuant to the provisions hereof
and the Joint Powers Agreement shall be subject to annual appropriation of requisite
funds therefore by the Board of Supervisors.
(7) This Ordinance shall take effect immediately upon its adoption or passage.
Adopted by the Pittsylvania County Board of Supervisors on Apri15, 2004.
Amended by the Board of Supervisors on May 18, 2004.
Amended by the Board of Supervisors on February 4, 2008.
P55
ti ~T~'~~1ISHED
B~ SI~TESS
PI'T'I'SYLVAI~TIA C®UNT'Y
hoard of Supervisors
EXECiT'I'IVE SIJMIVIA>E2Y
AGENDA TITLE:
AGENDA DATE:
11-16-10
ITEM NUMBER:
10
Expenditure Refunds: October - (10 Day Layover
from 11-01-2010 meeting)
SUBJECT/PROPOSAL/REQUEST:
,I Budget Amendment for expenditure refunds
ACTION:
Yes
CONSENT AGENDA:
ACTION:
INFORMATION:
INFORMATION:
ATTACHMENTS: ~ '
Yes
STAFF CONTACT(S): REVIEWED BY:
Sleeper, VanDerllyde
BACKGROUND:
DISCUSSION:
Attached is a list of expenditure refunds for the month of October, 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: $896.49 to Sheriff-Parts (100-4-031200-6030),
$1,384.00 to Sheriff-Labor (100-4-031200-6031), $2,935.20 to Fire &Rescue-United Way (100-4-032200-
5667), $1,951.99 to Fire & Rescue-Fuel (100-4-032200-6008), $2,808.49 to Jail-Extradition (100-4-033100-
5550), $31.44 to Library-Employment Contract (100-4-073100-3171), $260.00 to Library-Postage (100-4-
073100-5210), and $150.00 to Library-Fuel (100-4-073100-6008). A motion was made by Mr. Harville and
seconded by Mr. Barber at the 11-O1-10 regular meeting to approve. This item has therefore met the 10 day
layover requirement.
P56
PITTSYL,VANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
AGENDA DATE:
ll-O1-10
ITEM NUMBER:
7(d)
Expenditure Refunds: October -This item requires a ACTION:
10-day layover
~ SUBJECT/PROPOSAL/REQUEST:
Budget Amendment for expenditure refunds
I
STAFF CONTACT(S):
Sleeper, VanIDerHyde
CONSENT AGENDA:
ACTION:
No
ATTACHMENTS:
Yes
REVIEWED BY:
BACKGROUND:
INFORMATION:
INFORMATION:
DISCUSSION:
Attached is a list of expenditure refunds for the month of October, 2010 for review. As discussed eazlier 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: $896.49 to Sheriff-Parts (100-4-031200-6030),
$1,384.00 to Sheriff-Labor (100-4-031200-6031), $2,935.20 to Fire &Rescue-United Way (100-4-032200-
5667), $1,951.99 to Fire & Rescue-Fuel (100-4-032200-6008), $2,808.49 to Jail-Extradition (100-4-033100-
5550), $31.44 to Library-Employment Contract (100-4-073100-3171), $260.00 to Library-Postage (100-4-
073100-5210), and $150.00 to Library-Fuel (100-4-073100-6008). THIS AMENDMENT REQUIRES A 10-
DAY LAYOVER.
-P57
PITTSYI.VAIOTIA C®UNTY
VIRGINIA
~ '~ Phone )434) 432-7740
Finance Department * * Fas (434) 432-7746
P.O. Bos 426 * * * Gretaa/Hurt 434 656-6211
Chatham, Virgiaia 24531 * * ~ * * Bachelors Hall/Whitmell )434) ?97-9550
*
* »s~ *
MEMO TO: William D. Sleeper, County Administrator
FROM: Kim Van Der Hyde, Finance Director
SUBJECT: October Expenditure Refunds
DATE: October 28, 2010
The list below shows all expenditure refunds that were sent to the Finance Department
during the month of October. Please review these expenditure refunds and advise me on
the refunds that need to be appropriated by the Boazd of Supervisors.
100-4-031200-6030 Sberiff--Parts 896.49
Insurance Reimbursement/Restitution
100-4-031200-6031 Sheriff-Labor 1,384.00
Insurance Reimbursement
100-4-032200-5667 Fire &Rescue-United Way 2,935.20
PC Fire and Rescue Association
Donation (100-3-000000-189912)
100-4-032200-6008 Fire & Rescue-Fuel 1,951.99
Tax refund
100-4-033100-5550 Jail-Extradition 2,808.49
100-4-073100-3171 Library-Employment Contract 31.44
Refund-Service Cancelled
100-4-073100-5210 Library-Postage 260.00
Reimbursement
100-4-073100-6008 Library-Fuel 150.00
Reimbursement
TOTAL EXPENDITURE REFUNDS - OCT S10,417.61
_P58
v~vv ~~ sivESs
PITTSYLVANIA C®UN'TY
Board of Supervisors
EXECU'T'IVE SUIVIMARY
AGENDA TITLE:
Amendments to Chapter 18 & Chapter 35 of the
Pittsylvania County Code
AGENDA DATE:
11-16-2010
ITEM NUMBER:
11
ACTION:
Yes
INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Definitions of Subdivision Ordinance and Zoning
Ordinance
CONSENT AGENDA:
ACTION:
INFORMATION:
STAFF CONTACT(S):
William D. Sleeper
ATTACHMENTS:
Yes
WED BY:
BACKGROUND:
The Pittsylvania County Planning Commission held required public hearings to review definitions and
changes to the Pittsylvania County Subdivision Ordinance in order to bring it up to code with the Virginia
Code § 15.2-2244(a). In addition, the Planning Commission held required public heazings and recommended
to the Boazd changes in Chapter 35 of the Pittsylvania County Planning Ordinance relating to Non-
Emergency Medical Transport, Emergency Medical Transport, and Internet Sweepstakes Cafe.
DISCUSSION:
The Pittsylvania County Board of Supervisors received those amendments but did not have the required
definitions to identify the proposed changes in the ordinance. The Planning Commission has drafted those
necessary supplemental definitions and submitted to the Board of Supervisors to hold the required public
hearing on the amendments to Chapter 18 for the required definition and proposed changes as well as Chapter
35 for definitions and proposed changes recommended by the Planning Commission. The Planning
Commission will hold their public hearing for citizen input on Tuesday, December 7, 2010.
RECOMMENDATION:
Staff recommends the Board of Supervisors set a public hearing for Tuesday, December 21, 2010 to receive
citizen input on the proposed changes to Chapter 35 of the Zoning Ordinance and Chapter 18, Subdivision
Ordinance, of the Pittyslvania County Code.
P59
Proposed Amendment to Pittsylvania County Ordinance
Chapter 18 -Subdivision Ordinance
Supplementary Definitions
SEC. 18-2. DEFINITIONS.
(dd) Subdivision.
The term subdivision shall not include a bona fide single division or partition of land
between immediate family members for a building site. The term "immediate family"
shall be defined as provided for in Virginia Code Section 15.2-2244.A, as the same may
be from time to time amended, which is incorporated herein by reference. Any such
division shall be subject to provisions of Virginia Code Section 15.2-2244.1, as the same
may from time to time be amended. In addition, no division of land which has been
ordered by a Court of competent jurisdiction shall be subject to the provisions of this
ordinance. (B.S.M.07/07/08)
P60
. LIS > Code of Virginia > 15.2-2244 Page 1 of 1
prev ~ next
§ 15.2-2244. Provisions for subdivision of a lot for conveyance to a family member.
A. In any county a subdivision ordinance shall provide for reasonable provisions permitting a single division. of a lot
or parcel for the purpose of sale or gift to a member of the immediate family of the property owner, including the
family member's spouse, subject only to any express requirement contained in the Code of Virginia and to any
requirement imposed by the local governing body that all lots of less than five acres have reasonable right-of--way of
not less than 10 feet or more than 20 feet providing ingress and egress to a dedicated recorded public street or
thoroughfare. Only one such division shall be allowed per family member, and shall not be for the purpose of
circumventing this section. For the purpose of this subsection, a member of the immediate family is defined as any
person who is a natural. or legally defined offspring, stepchild, spouse, sibling, grandchild, grandparent, or parent of
the owner. In. addition, any such locality may include aunts, uncles, nieces and nephews in its definition of
immediate family.
B. Notwithstanding subsection A, in a county hav-ng the urban county executive form of government, a subdivision
ordinance shall. provide for reasonable provisions permitting a single division of a lot or parcel for the purpose of
sale or gift to a member of the immediate family of the property owner, subject. only to any express requirement
contained in the Code of Virginia and to any requirement imposed by the local governing body that all lots of less
than five acres have frontage of not less than 10 feet or more than 20 feet on a dedicated recorded public street or
thoroughfare. Only one such division shall be allowed per family member, and. the division shall not be for the
purpose of circumventing a local subdivision ordinance. For the purpose of this subsection, a member of the
immediate family is defined as any person who is a natural or legally defned offspring or parent ofthe owner.
~. Notwithstanding subsections A and B, a subdivision ordinance may include reasonable provisions permitting
divisions of lots or parcels for the purpose of sale or gift to a member of the immediate family of the property owner
in (i) any county or city which has had population growth of 10 percent or more from the next-to-latest to latest
decennial census year, based on population reported by the United States Bureau of the Census; (ii) any city or
county adjoining such city or county; (iii) any towns located within such county; and (iv) any county contiguous
with at least three such counties, and any town located in that county. Such divisions shall be subject to all
requirements of the Code of Virginia and to any requirements imposed by the local governing body.
(Code 1950, §§ 15-781., 15-967.1; 1950, p. 183; 1962, c. 407, § 15.1-466; 1970, c. 436; 1973, cc. 1b9, 480; 1975, c.
641; 1976, c. 270; 1978; cc. 429, 439, 440; 1979, cc. 183, 188, 395; 1980, cc. 379, 381; 1981, c. 348; 1983, cc. 167,
609; 1984, c. 111; 1985, cc. 422, 455; 1986; c. 54; 1987, c. 717; 1988, cc. 279, 735; 1.989, cc. 332, 393, 403, 495;
1990, cc. 170, 1.76, 287, 708, 973; ]991, cc. 30, 47, 288, 538; 1992, c. 380; 1.993, cc. 836, 846, 864; 1994, c. alt;
1995, CC: 386, 388 389 452, 457. 474; 1996, CC. 77. 325, 452, 456; 1997, cC. 587, 718; 1998, C. 457; 200$, ~, 340,
717; 2009, cc. 283, 46s; 2010, c. 216.)
prey ~ next ~ new search ~ table of contents ~ home
http://legl.state.va.uslcgi-bin/legpSO4.exe?OOO+cod+15.2-2244 10/14/2010
P61
. Legislative Information System
§ 15.2-2244.1. Additional method for subdivision of a lot for conveyance to a family member.
Page 1 of. l
In addition to § 15.2-2244, a locality may include in its subdivision ordinance provisions permitting a single
division of a lot or parcel for the purpose of sale or gift to a member of the immediate family, as defined in
§ 15.2-2244, of the property owner, if (i) the property has been owned for at least 15 consecutive years by
the current owner or member of the immediate family and (ii) the property owner agrees to place a
restrictive covenant on the subdivided property that would prohibit the transfer of the property to a
nonmember of the immediate family for a period of 15 years. Notwithstanding the provisions of clause (ii),
a locality may reduce or provide exceptions to the period of years prescribed in such clause when
changed circumstances so require. Upon such modification of a restrictive covenant, a locality shall
execute a writing reflecting such modification, which writing shall be recorded in accordance with § 17.1-
227. The locality may require that the subdivided lot is no more than one acre and otherwise meets any
other express requirement contained in the Code of Virginia or imposed by the local governing body.
(2006, c. 456; 2007, c. 856.)
Leoislative Information System
http:l/legl.state.va.us/cgi-bin/legp504.exe'?000+coh+15.2-2244.1+703754 10/12/2010 i
P62
Proposed Amendment to Pittsylvania County Ordinance
Chapter 35 -Zoning
Supplementary Definitions
Non-Emergence Medical Transport -Non-emergency citizen transportation which may include
common carrier bus services (infra-city and inter-city), commercial taxicab services, wheelchair
van services, stretcher van services, gas reimbursement and commercial air carrier services.
The non-emergency medical transport organization must meet all State requirements as
specified by the Department of Motor Vehicles (DMV).
Emer~tencb Medical Transport -Emergency citizen transportation which includes fire and
rescue departments, Emergency Medical Services (such as Regional One EMS). The emergency
medical transport organization must meet all State requirements as specified by the
Department of Motor Vehicles (DMV).
Internet Sweepstakes Cafes -Any business enterprise, whether as a principal or an accessory
use, where persons utilize electronic machines, including but not limited to computers and
gaming terminals, to conduct games of chance, including but not limited to sweepstakes and
video poker, and where cash, merchandise or other items of value are redeemed or otherwise
distributed, whether or not the value of such distribution is determined by electronic games
played or by predetermined odds.
P63
PITTSYLVANIA COUI~ITY
Board of Supervisors
EXECUTLVE SUMMARY
AGENDA. TITLE: AGENDA DATE:
Set Public Hearing-Proposed Amendments to Chapter 09-21- l 0
35-Zoning, of the Pittsylvania County Code;
ACTION:
Yes
ITEM NUMBER:
5(d)
INFORMATION:
SUBJECT/PROPOSAL/REOUEST:
Set Public Hearing
CONSENT_AGENDA:
ACS
INFORMATION:
STA1F~` CONTACT(S):
Wiflfam D. Sleeper
A.TTAC~IIVIENTS:
Yes
BACK ROUND:
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. Amer
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 Pitisylvania 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 35-1.93.
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. 35-2$I. 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 ofNon-Emergency Medial Transport under Division 9. Business District, Limned (B- l ), Section 35-
346. Permitted Uses, Division l0. Business District, Caeneral (B-2}, Section. 35=365, Permitted Uses, Division
11. Industrial District (M-lj; Light. lndustYy, Section 35=383, Permitted Uses, Division 12. industrial District
(1vI-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.
I~COM NDA'FION:
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.
P64
PUBLIC HEARING NOTICE
PITTSYLVANLA CO[.llliTY
The Pittsylvania County Planning
Commission wilt 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_Pittsvlvania
County nip,g Ordinance. Cha teo r 35-
Zoning, for the .addition of Non-
Emeraenev Medics! Tra~{sport under
Division 1, Asriculhttal District (A-11.
Section 5.179. Special Use Permits.
Divisian 2. Residentia! Estates istrict
(rE). S;,c ion 35.193. Special Use
P its. Division 3. residential
Suburban Subdivision Disdtict fR• 11.
Sec. 34.223, Sneciai Use Permitr~.
Division 5. Residential Combined
Subdivision District t"RC-11. Section 35-
Zb8. ~, ial ermit~,~Div~jsion b.
Residential Multi-1*smil~- District
lRll~1F'1. Sef±ion 35-2
Perini Division 7. Residentiai Planned
Unit Development District (RPD1.
Sectio~35.295. Special Use Permits
Division 8. R_esidentiat Manufactueed
U0u~418 Park D~r~ct tMI{Pl. S ,motion
3~8, Special Use Permits. and for the
addition of Ilan-Eattcrg~ Medical
Tfansport under Divisian „~,, $usiness
Dim 'm_ited~Seetian 33-34b
Aermi~ed Uses. Division 16 I3usYness
District. General CB-21. Section 35.365.
Permitted Uses. Divisian 11. Industrial
District fM-11• Limit Indu~.rv Section
3.383. PemtiHed Uses. Division l2,
Industrial Bistrict (M-21. Heavy
Ifldustrv. S_ action _5.402. Permitted
i~~d Divisian 13 Cortservarion
District. 1C-11. Sersson 35-530.
Permitted Uae~s. and for the ad lion of
lntemet Swera-stak~C~f~ under
Aivision 9. 13usin District united
(I3.11. Section 35.349. Spc~ial Use
Permits, and Divisian t E iness
District Genera! (13.21. Section 35.366
~cial Uge Permits, fihe meeting wilt
be st 7:00 p.m. in the ~3eneral District
Courtraam, second riser, of the F~dwin
R. Shields Courthouse Addition in
Chatham, Virginia. A copy of the
proposed changes wilt be available far
review in the Office of the Gounty
Administrator, 2t North Main Street,
Chatham, Virginia, and tlic Office of
Code Compliance, 33 North Main
Street, Chatham, Virginia, between the
hours of 8.00 am. and 5:00 p:m,,
Monday through Friday.
P65
~ITTS~~~il CtJI~J
Department of Code Compliance
P.O. Drawer D
Chatham, Virginia 24331
Odle H. Shelton, Jr., Director
VYRGINIA
;~ , ~ ~~
. a
* ~
K *~*,~"
\*~ »e~ ~ /
Phoae Nuanbera:
Iaspectioas (434) 432-7755
Zontag (434) 432-7751
~'as (434) 432-7919
tiretna/Heat (434) 888-8211
MIEIl~IOli~4NDUM
TO: William D. Sleeper, County Administratar
FROM: G-die H. eon, Jr., >~irector of Code Compliance
DATE: September 10, 2410
SUBJECT: Amendments to the Zoning Ordinance
Tile Pittsylvania jaunty Planning Commission held a Public ~Iearin~ on Tuesday,
September 9, 2010, regarding the prapased amendments to the Pi.ttsylvania. County
~onina Ordinance, Chapter 35=Zoning for the addition of Ikon-~mer eg~nc„~Medical
Transt~rt under Division 1. Agricultural. District (A-11. Section 35=179. Sl~cial Use
Special Use Permits. Division 5. Residential Combined Subdivision District GRC-11.
Section 35.2pecial Use Permits Division 6 Residential Multi-Family District
tel. Section 35=281. Special Use Permits. Division 7. Residentinl Plailtied. Unit
Develanment ~ istrict ~Dl. Section ~5=295. Sne~cial Use Permits. Division S.
e idiv ti u€ac d Igo 'n P ° District M io 5= lS S °al se
P66
Sw e e de Di ' io urines Distri, t I.' ted_ ~ =l. S c .io =347.
Social Use Permits. and Divisi®n I0. Business District Creneral (D=2~ Sectia~ 3~y366
Special'lJse Permits.
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 Boazd 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: Moms Stowe, Planning Commission Chairman
P67
VIRGINIA ACTS OF ASSEMBLY -- 2alo RECONVEr~~n SESS~oN
CHAPTI/It 877
An Act to amend and reenact § 18.2-325 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.
Approved May 2 t , 20 t 0
[H 1010)
lie it enacted by the General Assembly of Virginia:
1. That § 18.2-325 of the Code of VSrginia is amended and reenacted and that the Code of Virginia
is amended by adding a section numbered 18.2-325.1 as 1'allows:
§ 18.2.325. Definitions,
3. "IlSega3 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 ar 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 oui~ide the limits of t#is th¢ Commonwealth:
a, For the purposes of This subdivision and notwithstanding any pravisr'on in this section to the
contrary, the making, placing, or receipt of any bet or wager of money or other thing of value shall
ineJude the purchase of o product, whir-h purchase credits the purchaser wish free points or other
measurable units that may be risked by the purchaser for an ap oriunity to win additional paints or
other measurable units That are redeemable by the purchaser ~r money at the location where the
product was purchased.
b. Nothing in this section shalt be construed or interpreted to prohibit the conduct of any lawful
game, co»test, lottery, scheme, or promotional offering that complies with the requirements contained in
§ 18.1.325.1:
2. "Interstate gambling" means the conduct of an enterprise far profit which engages in the purchase
or sale within the Commonwealth of any interest in a lottery of another state ar 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, machne, paraphernalia, equipment, or other thing, including books, records and other
papers, which aze actually used in an illegal gambling operation or activity, sad
b. Any machine, apparatus, implement, instrument, contrivance, board or other thing, including but
not limited b those dependent upon the insertion of a coin or other object for thew operation, which
operate-s, either completely automatically or with the aid of some physical act by the player or operator,
in such a meaner that, depending open elements of chance, it may eject something of value or
determine the priz8 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 further, that machines
That only self, 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 Secs gambling devices if they indicate beforehand the definite result of one or
more operations but not all the operations. Noe are they any less a gambling device because, apart from
their use or adaptability as such, they may also sell or deliver some~thtng of value an a basis other than
chance.
4. "Operator° includes any person, firm or association of persons, who conducts, finances, manages,
su ' es,-dire~sts or owns all or part of an illegal gambling enterprise, activity os operation.
:',~~;1.8::~~323,I~"Lowfu! games, co»tests, etc; methods of entry; requirements:
n to subdivision 1 b of ~ 18.2.325, any lawful game, contest, lottery; scheme, or promotional
offerln (the contest) may be conducted provided the following requirements are met:
1. There is available a method of free e»try to all participants wishing io enter the contest without
purchase;
2. There is equal opportunity to play and equal odds of winning for al! parer"cipants regardless of
whether a participant entered write 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 price or
other thing of value;
b. The manner in which to request free entry into the contest,
~P68
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 apply"cable;
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
thi»g of value;
4, The disclosures required by this section shall be included in "the o~cial rules" of the comest, and
may be in the form of independent signage; printed on the product 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 far entering the contest; which shall 6e consistent wish the o~cial miles;
d. A statement of eli ibllity ro participate in the contest; and
e, A disclosure of were the contest is veld,
6, In the case of a device with a multimedia display, Jhe o~cial 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,
1. That the pr~visio~s of this act are declaratory of exlstin~ law.
P69
PITTSYI,VANIA C®TJI~T'I'Y
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE: AGENDA DATE: ITEM NUMBER:
Application for Land Use Open Space 11-16-2010 12
ACTION: INFORMATION: ,
II SUBJECT/PROPOSAL/REQUEST: Yes
Open Space Agreement -Board of Supervisors
II STAFF CONTACT(S):
William D. Sleeper
CONSENT AGENDA:
ACTION: ~ INFORMATION:
ATTACHMENTS: ~ ~~
Yes ~ ;
BACKGROUND:
The Board of Supervisors amended the Land Use Ordinance in 2010 and required that individual applications
for Open Space be identified and submitted to the Pittsylvania County Board of Supervisors on each tract of
land requesting Open Space.
DISCUSSION:
Attached hereto is a memorandum from the Honorable Samuel W. Swanson, Jr., Commissioner of Revenue,
with an Open Space Agreement from Cedars County Club, Inc., identifying four parcels of land to be placed
under Open Space in the Pittsylvania County Land Use Program.
RECOMMENDATION:
This is submitted to the Board of Supervisors for their review, consideration and approval in accordance with
Pittsylvania County Code.
P70
OFFICE OF
Samuel W. "Sam" Swanson, Jr.
Commissioner
November 8, 2010
C®>~6fViI1SS1®I~dEI~ ®~ 'I'F`~E ~El~IENt~E
PTiTSYLVANIACOtJNTY
P. O. BOX 272
CHATHAM, VIRGINIA 24531
Mr. William D. Sleeper
Pittsylvania County Administrator
PO Box 426
Chatham, VA 24531
RE: Open Space Land Use Application
Dear Mr. Sleeper:
(434)432-7940
(434}656-6211
FAX (434) 432-7957
sam.swanson @pittgov.org
Upon conclusion of the new sign-up period of landuse, we have had 4 parcels submitted for
inclusion in the program under the designation of open space. We are enclosing copies of the
applications along with copies of the property record cards. Also, we are submitting the signed
original Open-Space Use Agreement for consideration by the Board.
Please review and as soon as possible, render the decision of the Board as to whether the
parcels qualify for landuse taxation. We have kept a copy of the agreement; however request
the original Open-Space Use Agreement be returned to our office once a decision has been
made.
Thank you for your prompt attention.
Regards,
t~. Gtr°e~.~ ~ ,
Samuel W. Swanson, Jr.
Commissioner of the Revenue
SWS/syh
Enclosures
P71
OPEN-SPACE USE AGREEMENT
THIS agreement,~made this ~~+ da of _~ 4 (~ between
~- y ~~nuA ~ ~
hereinafter called the owner,'and the County of Pittsylvania, a political subdivision of the
Commonwealth of Virginia, hereinafter called the County, recites and provides as
follows:
RECITALS
The owner is the owner of certain real estate, described below, hereinafter called the
property; and
2. The County is the local g rverning body having real estate tax jurisdiction over the
property; and
3. The County has determined:
A. That it is in the public interest that the property should be provided or
preserved for o r more of the following Open-Space uses: (indicate one or
more) Park or recreational purpose Conservation of land; Conservation of other
natural resource; of er use which serves the public interest by the preservation of open-
space land as provided in the Land-Use Plan; and
B. That the property meets the applicable criteria for real estate devoted to open space
use as prescribed in Article 4 (§ 58.1-3230 et seq.) of Chapter 32 of Title 58.1 of the
Code of Virginia, and the standards for classifying such real estate prescribed by the
director of the Virginia Department of Conservation and Historic Resources; and
C. That the provisions of this agreement meet the requirements and standards
prescribed under § 58.1-3233 of the Code of Virginia for commitments by
landowners not to change open-Space use to anon-qualifying use; and
4. The owner is willing to make a written commitment to preserve and protect the
open space uses of the property during the term of this agreement in order for the
property to be taxed on the basis of a use assessment and the owner has submitted an
application for such taxation to the Commissioner of the Revenue of the County
pursuant to § 58.1-3234 of the Code of Virginia and County Code 6-12.1-9 of the
Pittsylvania County Code to provide for the special assessment of agricultural,
horticultural, forest and open space; and
5. The County is willing to extend the tax for the property on the basis of a use
assessment commencing with the next succeeding tax year and continuing for the
term of this agreement, in consideration of the owner's commitment to preserve and
protect the open-space uses of the property, and on the condition that the owner's
P72
application is satisfactory and that all other requirements of Article 4, Chapter 32,
Title 58.1 of the Code of Virginia and County Code 6-12 of the Pittsylvania County Code
to provide for the special assessment of agricultural, horticultural, forest and open space
are complied with.
NOW, Therefore, in consideration of the recital and the mutual benefits, covenants
and terms herein contained the parties hereby covenant and agree as follows:
This agreement shall apply to all of the following described real estate:
2. The owner agrees that during the term of this agreement:
A) There shall be no change in the use or uses of the property that exists as of
the date of this agreement to any use that would not qualify as an open space
use.
B) There shall be no display of billboards, signs or other advertisements on
the property, except to (i) state solely the name of the owner and the
address of the property; (ii) advertise the sale or lease of the property; (iii)
advertise the sale of goods or services produced pursuant to the permitted
use of the property; or (iv) provide warnings. No sign shall exceed four
feet by four feet.
C) There shall be no construction, placement or maintenance of any structure
on the property unless such structure is either:
i) On the property as of the date of this agreement; or
ii) Related to and compatible with the open-space uses of the property
which this agreement is intended to protect or provide for.
D) There shall be no accumulations of trash, garbage, ashes, waste, junk,
abandoned property or other unsightly or offensive material on this
property.
E) There shall be no filling, excavating, mining, drilling, removal of topsoil,
sand, gravel, rock, minerals or other materials which alters the topography
of the property, except as required in the construction of permissible
buildings, structures and features under this agreement.
P73
F) There shall be no construction or placement of fences, screens, hedges,
walls or other similar barriers which materially obstruct the public's view
of scenic areas of the property.
G) There shall be no cutting of trees other than selective cutting and salvage of
dead or dying trees anywhere on the property. However, the property owner
may remove vegetation which constitutes a safety, a health or an ecological
hazard.
H) There shall be no alteration or manipulation of natural water courses,
shores, marshes, swamps, wetlands or other water bodies, nor any
activities or uses which adversely affect water quality, level or flow.
I) On areas of the property that are being provided or preserved for
conservation of land, floodways or other natural resources, or that are to
be left in a relatively natural or undeveloped state, there shall be no
operation of dune buggies, all-terrain vehicles, motorcycles, motorbikes,
snowmobiles or other motor vehicles, except to the extent necessary to
inspect, protect or preserve the area. Properties which are to be provided
or preserved for natural areas are to be left in undeveloped state.
J) There shall be no industrial or commercial activities conducted on the
property; or activities that are conducted in a residence or an
associated outbuilding such as a garage, smokehouse, small shop or
similar structure which is permitted on the property.
K) There shall be no separation or split-off of lots, pieces or parcels from the
property. The property may be sold or transferred during the term of this
agreement only as the same entire parcel that is the subject of this
agreement; provided, however, that the owner may grant to a public body
or bodies open-space conservation or historic preservation easements
which apply to all or part of the property.
This agreement shall be effective upon acceptance by the County and with all proper
recordation fees paid by the applicant; provided, however, that the real estate tax for the
property shall not be extended on the basis of its use value until the next succeeding tax
year following timely application of the owner for use assessment and taxation in
accordance with the Pittsylvania County Code. Thereafter, this agreement shall remain
in effect for a term of six consecutive years.
4. Nothing contained herein shall be construed as giving to the public a right to enter
upon or to use the property or any portion thereof, except as the owner may
otherwise allow, consistent with the provisions of this agreement.
P74
5. The Commissioner of the Revenue, or his designee, shall have the right at all
reasonable times to enter the property to determine whether the owner is
complying with the provisions of the agreement.
6. Nothing in this agreement shall be construed to create in the public or any
member thereof a right to maintain a suit for any damages against the owner for
any violation of this agreement.
7. Nothing in the agreement shall be construed to permit the owner to conduct any
activity or to build or maintain any improvement which is otherwise prohibited by
law.
If any provision of this agreement is determined to be invalid by a court of
competent jurisdiction, the remainder of the agreement shall not be affected
hereby.
9. The provisions of this agreement shall run with the land and be binding upon the
parties, their successors, assigns, personal representatives, and heirs.
10. Words of one gender used herein shall include the other gender, and words in the
singular shall include words in the plural, whenever the sense requires.
11. This agreement may be terminated by either party.
12. Upon termination of this agreement, the property shall thereafter be assessed and
taxed at its fair market value, regardless of its actual use, unless the County
determines otherwise in accordance with applicable law.
13. NOTICE: At such time that the Open-Space Use or uses by which the property
Qualified for assessment and taxation on the basis of use changes to a nonqualifyin~
use or uses, or when the zoning for the property changes to a more intensive use at the
request of the owner, the property, or such portion of the ,property which no longer
qualifies, shall be subject to roll-back taxes in accordance with §58.1-3237 of the Code
of Virginia. The owner shall be sub,~ect to all of the obligations and liabilities of said
code section.
14. This agreement is subject to an annual revalidation, of which the Commissioner of
Revenue for Pittsylvania County will provide the proper documentation on which to
attest their review and acceptance of all properties listed thereon.
P75
15. This agreement shall begin on ~Or Nu L} ~~ ~ , 0~0~ ~ ,and ex ire
p
on ~PS(mbe ~ 31 aa~~
;`{~rJ
Owner(s)
(Seal)
(Seal)
(Seal)
Vl~jrrV,d.~ ®stvn-~
Sworn to and subscribed before me on this o~r~~ day
of ~~ in the year oZp ~ p .'~~~`~;~ ~; ~ ~;~
..p
~h
1~
~
\T~ ':
6
~~'-
~
~
ri
'~~
~
`'
y;
~,
ay
~ d.
~~
.
•~~~ ~~~~~~ a ~1~~,~ ~
1 ~Ifl~j~n~~~~ ~j,
7 f
Notary , .. ,rr. ,~.
My commissioner expires on ~~ a / ~ ~O 10
BY
County Administrator
Official Designee of the Pittsylvania County Board of Super•~isors
Pittsylvania County, Virginia
Comments
P76
Open-Space Use Application Addendum
Property owner(s):
Cedars Country Club Inc
1029 Anderson Mill Rd
Chatham, VA 24531
Parcel ID Number:
2418-35-3385, 2418-45-4774,
2418-34-8438 & 2418-44-0824
Open Space Use: (check one or more)
/ 1.Park or Recreational purposes
2.Conservation of Land
3.Conservation of other natural resource
4.other use which serves the public interest by the preservation of open space land
Detail Description of the use:
Date: 09/29/10
Final acceptance in land use program is subject to Board of Supervisors approval of Open Space
Agreement. Upon approval, fee will be due and payable to Treasurer of Pittsylvania County.
P77
APPLICATION FOR TAXATION
ON THE BASIS OF A LAND USE ASSESSMENT
A single application prepared in triplicate shall be filed for each line on the land book. More than one classification may be included on
the one application. APPLICATION WILL NOT BE ACCEPTED IF THERE ARE DELINQUENT TAXES ON THIS PARCEL.
Pittsylvania County
County, City or Town
District, Ward or Borough: 05
Owner(s) Name appearing on Land Book:
CEDARS COUNTRY CLUB INC
Mailing Address: 1029 ANDERSON MILL RD
CHATHAM, VA 24531
Telephone: (434)426-7978
° e •
;~1~~~AgrIcultore[1se~a~~'~~,~i„~~~~~° ~~?::~~;~a'~:~~r~"~.~~~a~,'',~'~"~`~' No. of Acres
Is this real estate devoted to the bona fide production for sale of plants and animals useful to man or devoted to and meeting the requirements and
qualification for payments with an agency of the federal government? Yes No X if in program with Federal Agency
enter the contract beginning date and expiration date Attach copy of contract.
1. What field crops are being produced to qualify this parcel of real estate under the agricultural standards?
Hay ~•C_ om Soybean Alfalfa Other
~~~~"'~ "vii ~ SXR'~ 't ~~ ~ W~ • ~ ~'i Ot T 'C~ ~J~SG..~ ~:~ • ~i' j~
''~u::~astu .e$LIs"e t~~:~~~~~~..`~':;~t~~~i~~~~.,~,w~`'`.~+~,,t~~ ~.'R~,,„ No. of Acres
1. How many of the following animals were on the real estate the previous year? How many months?
Cows Horses Sheep Swine Chickens Turkey Other
~Ho tt alto e~~~~.~~`~rc~`~~;~~;~~~~t~'~.~~' ~~~~..s~~'a~.~`,~~~.~r- No. of Acres
Is this real estate devoted to the bona fide production for sale of fruits of all kinds, vegetables; nursery and floral products or real estate devoted
to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an
agreement with an agency of the federal government? Yes No X If in program with Federal Agency enter the
contract beginntng date and expiratton date Attach copy of contract
~1Fo~t Use, ~'~'~'~ ~~'~`=~~;~~ ~:~' -"' ~~ '~'~ ~ ~+`~" No. of Acres
Is this real estate devoted to forest use, including the standing timber and trees thereon, devoted to the growth in such quantity and so spaced and
maintained as to constitute a forest areas Yes No X Attach a copy any forest management plan.
Op~'n Spae~i7se~Y~~~~z?~1 *w~,g;,. ,.~.~-:'~.,;,.~~,;',~,~;~ No. of Acres .81
is this real estate so used as to be provided or preserved for park use or recreational purposes, conservation of land or other natural resources,
floodways, historic or scenic purposes, or assisting in the shaping of the character, directi~m, and timing of community development or for the
public interest and consistent with the local land-use plan? Yes No Attach documentation.
AFFIDAVIT
1/we the undersigned certify that all land for which.use taxation is requested meets all requirements of the uniform standards prescribed by the Commissioner of
Agriculture and Consumer Services, the Director of the Department of Conservation and Recreation, and the State Forester. 1/we declaze under penalties of law that this
application and any attachments hereto have been examined by me and to the best of my knowledge are true and correct. I/we do hereby grant permission to the Soil
Conservation Service to provide information on Land Capability Classes to the proper authorities for the purpose of administering the fart/d use ordinance.
Signature of owner or corporation officer. ~ ~ ~ Title: ~~~~~~
Corporation Name:
Note: Failure to obtain signatures of alt parties owning an interest in this real estate constitutes a material misstatement of fact.
Signatures of all other parties owning an interest in this real estate.
c
§ 58.1-3238. Failure to report change in use; mlSStatementS In appl ICat10IlS. Any person failing to report properly any change in use of property for which an application for ux value taxation had
been filed shall be liable for all wch taxes, in such amounts and at such times as if he had complied herewith and assessments had been properly made, and he shall be liable for such penalties.and interest thereon as may be
provided by ordinance. Any person making a material misstatement of fact in any such application shall be liable (or all wch taxes, in such amounts and at such rimes as if such property had been assesud on the basis of fair
market value as applied to other real estate in the taxing jurisdiction, together with interest and penalties thereon. If such material misstatement was made with the intent to defraud the locality, he shall be further asussed with
an additional penalty of 100 percent of such unpaid taxes.
P78
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P79
APPLICATION FOR TAXATION
ON THE BASIS OF A LAND USE ASSESSMENT
A single application prepared in triplicate shall be filed for each line on the land book. More than one classification may be included on
the one application. APPLICATION WILL NOT BE ACCEPTED IF THERE ARE DELINQUENT TAXES ON THIS PARCEL.
Pittsylvania County
County, City or Town
District, Ward or Borough: 06
Owner(s) Name appearing on Land Book:
CEDARS COUNTRY CLUB INC
Mailing Address: 1029 ANDERSON MILL RD
CHATHAM. VA 24531
Telephone: (434)426-7978
~Ix ~=~-S.ricnlture'L}se~~~~:~ s`.~~ ` t~ ?~ ~, " .~~ ~%~ z~ .~ R$h s =,.~''
- ~~tK,A ~~~~tr>~~.:.49rz,;r .~rh':~, No. of Acres
Is this real estate devoted to the bona fide production for sale of plants and animals useful to man or devoted to and meeting the requirements and
qualification for payments with an agency of the federal government? Yes No X If in program with Federal Agency
enter the contract beginning date and expiration date Attach copy of contract.
1. What field crops are being produced to qualify this parcel of real estate under the agricultural standards?
Hay Corn Soybean Alfalfa Other
`47~`-":'',;'Sf:33'r - ~ ~ ' i~'3'r'' ~ +C:~u 'S,.F zA':3"' ~%~~e+ 4i ~ ';r 't .~ t ,y a.. „-
~~~.1I~44, Pasture~Use~ ~!~~~~„~ t' ;, rt~..~~;~~.s.~~?~f's,~'+~:°~~"` No. of Acres
1. How many of the following animals were on the real estate the previous year? How many months?
Cows Horses Sheep Swine Chickens Turkey Other
~IIIHort~culture~~r,~ °"~rn..~'~ ~.,~=;.X31`~r"~~~`,e.r~~"~~:_,,~~~~_'s No. of Acres
Is this real estate devoted to the bona fide production for sale of fruits of all kinds, vegetables; nursery and floral products or real estate devoted
to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an
agreement with an agency of the federal government? Yes No X If in program with Federal Agency enter the
contract beginning date and expiration date Attach copy of contract
IV ~orest~ Use ~ ,~C '~" ~ ~' ' k~„s ..-` ':~~'~ ~ ~ ' ~. "~
~~.....~._..~~._.. xs : : rs.~.~;~..:J°~'~'..,st~Y~.~ :~r~~ ~. ~.r ~ ,~'~~, No. of Acres
Is this real estate devoted to forest use, including the standing timber and trees thereon, devoted to the growth in such quantity and so spaced and
maintained as to constitute a forest areas Yes No X Attach a copy any forest management plan.
~,Vi._..'.~~Qp ~$paee Use~ti.; s~~~~, ~.~a +r'.,.~'"".~~~~~"~~,~~~ No. of Acres 25.71
Is this real estate so used as to be provided or preserved for park use or recreational purposes, conservation of land or other natural resources,
floodways, historic or scenic purposes, or assisting in the shaping of the character, direction. and timing of community development or for the
_ public interest and consistent with the local land-use plan? Yes No Attach documentation.
AFFIDAVIT
1/we the undersigned certify that all land for which use taxation is requested meets all requirements of the uniform standards prescribed by the Commissioner of
:,griculture and Consumer Services, the Director of the Department of Conservation and Recreation, and the State Forester. Uwe declare under penalties of law that this
application and any attachments hereto have been examined by me and to the best of my knowledge are true and correct. I/we do hereby grant permission to the Soil
Conservation Service to provide information on Land Capability Classes to the proper authorities for the purpose of administering the land use ordinance.
Signature of owner or corporation officer. Gi,I ~ ~ Title: ~~
Corporation Name:
Note: Failure to obtain signatures of all parties owning an interest in this real estate constitutes a material misstatement of fact.
Signatures of all other parties owning an interest in this real estate.
§ 58. t-3238. Failure to report change in use; mlSSlatements In appIIC8Il0(IS. Any person failing to report properly any change in use of property for which an application for use value taxation had
been filed shall be liable for all wch taxes, in wch amounts and at such times as if he had complied herewith and assessments had been properly made, and he shall be liable for such penalties and interest thereon as may be
provided by ordinance. My person making a material misstatement of fact in any such application shall be liable for all such taxes, in such amounts and at such times as if such property had been assessed on the basis of (air
market value as applied to other real estate in the taxing jurisdiction, together with interest and penalties thereon. 1(such material misstatement was made with the intent to defraud the locality, he shall be further assessed with
an additional penalty of 100 percent of such unpaid taxes.
P80
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P81
~PPLIC,{I,TION FOR TAXATION
ON THE BASIS OF A LAND USE ASSESSMENT
A single application prepared in triplicate shall be filed for each line on the land book. More than one classification may be included on
the one application. APPLICATION WILL NOT BE ACCEPTED IF THERE ARE DELINQUENT TAXES ON THIS PARCEL.
Pittsylvania County
County, City or Town
District, Ward or Borough: 05
Owner(s) Name appearing on Land Book:
CEDARS COUNTRY CLUB INC
Mailing Address: 1029 ANDERSON MILL RD
CHATHAM. VA 24531
Telephone: (434)426-7978
4 • - o • ® .
- -°~ 'sf La~r.~ % .r ~ sa, ~r~8''i'f ~ aT-ea r xi k Y '£~e '+~
~I~Agriculturei)se~„~~`~.~.r,",',~~;~ ~t,'~~r'~~='_~'Y:~'?tx~'~rsf.~'-;~~i No. of Acres
Is this real estate devoted to the bona fide production for sale of plants and animals useful to man or devoted to and meeting the requirements and
qualification for payments with an agency of the federal government? Yes No X if in program with Federal Agency
enter the contract beginning date and expiration date Attach copy of contract.
1. What field crops are being produced to qualify this parcel of real estate under the agricultural standards?
Hay Com Soybean Alfalfa Other _
~I a~'`_,.stui•eaiJse~~~"-~~~`~~'~~_ _`''.,;~',.~~.>~e.~a.~~~~'.~~~"~'~'~--~~~~~at`"~~"'a' No. of Acres
1. How many of the following animals were on the real estate the previous year? How many months?
Cows Horses Sheep Swine Chickens Turkey Other
III~'Ho~icu`It ~e''~~ ~~.,"'"~„~,,'~1~,~~.~~-~ ~'•'~~~~`?~ ~ No. of Acres
Is this real estate devoted to the bona fide production for sale of fruits of all kinds, vegetables; nursery and floral products or real estate devoted
to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an
agreement with an agency of the federal government? Yes No X If in program with Federal Agency enter the
contract beginning date and expiration date Attach copy of contract
~IV~For st&Use'.~'`~~,~ .'~~,~,~..~~, ~s(~~~'k~~i~~~9~.~~~ '~ ~"~ No. of Acres
Is this real estate devoted to forest use, including the standing timber and trees thereon, devoted to the growth in such quantity and so spaced and
maintained as to constitute a forest area? Yes No X Attach
OPen>~.S..Pa_.~ec_USe~~'~, ,-a_ ,~~'~~.,;.t~~~'~~"`'~~y~r ~ g:~.~~'~~° No. of Acres
Is this real estate so used as to be provided or preserved for park use or recreational purposes, conservatio
a copy any forest management plan.
73.14
n of land or other natural resources,
floodways, historic or scenic purposes, or assisting in the shaping of the character, direction, and timing of community development or for the
public interest and consistent with the local land-use plan? Yes No Attach documentation.
AFFIDAVIT
I/we the undersigned certify that all land for which use taxation is requested meets all requirements of the uniform standards prescribed by Ehe Commissioner of
agriculture and Consumer Services, the Director of the Bepartment of Conservation and Recreation, and the State Forester. 1/we declare under penalties cf'raw t .at this
application and any attachments hereto have been examined by me and to the best of my knowledge are true and correct. I/we do hereby grant permission to the Soil
Conservation Service to provide information on Land Capability Classes to the proper authorities fo~ purpose of administering th`land use ordinance.
Signature of owner or co oration officer: ~r (,J ~ ~" Title: l~l~~~K~~
Corporation Name: ~~~~ ~ . ~ ~, i N e ,
Note: Failure to obtain signatures of all parties owning an interest in this real estate constitutes a material misstatement of fact.
Signatures of all other parties owning an interest in this real estate.
§ 58.1-3238. Failure to report change in use; mISSIBtementS In appllCat10I1S. Any person failing to report properly any change in use ofproperty for which an application for use value taxation had
been filed shall be liable for all such taxes, in such amounts and at such times as if he had complied herewith and assessments had been properly made, and he shall be liable for such penalties and interest thereon as may be
provided by ordinanu. Any person making a material misstatement of fact in any such application shall be liable for all such taxes, in such amounts and at such times as i(such property had been assessed on the basis of fair
market value as applied to other real estate in the taxing jurisdiction, together with interest and penalties thereon. If wch material misstatement was made with the intent to defraud the locality, he shall be further assessed with
an additional penalty of 100 percent of such unpaid fazes.
P82
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P83
APPLICATION FOR TAXATION
ON THE BASIS OF A LAND USE ASSESSMENT
A single application prepared in triplicate shall be filed for each line on the land book. More than one classification may be included on
the one application. APPLICATION WILL NOT BE ACCEPTED IF THERE ARE DELINQUENT TAXES ON THIS PARCEL.
Pittsylvania County
County, City or Town
District, Ward or Borough: 05
Owner(s) Name appearing on Land Book:
CEDARS COUNTRY CLUB INC
Mailing Address: 1029 ANDERSON MILL RD
CHATHAM, VA 24531
Telephone: (434)426-7978
' o o t
-r ;,sw w r ~ ; •= r r ~r.' ,., +'-•,,,_~$z a~: vr,~siga~ ~, r+u` No. of Acres
~I~Agricult.._..ure~Use,~~~~^~~.:~: ~,'~st''~~er..:g,:~~,~~,:.~,;.~s~.
Is this real estate devoted to the bona fide production for sale of plants and animals useful to man or devoted to and meeting the requirements and
qualification for payments with an agency of the federal government? Yes No X if in program with Federal Agency
enter the contract beginning date and expiration date Attach copy of contract.
1. What field crops are being produced to qualify this parcel of real estate under the agricultural standards?
Hay Com Soybean Alfalfa Other
--.
-x~-s ~r~~ ~~c~ -~~'~ri~~~~`~ a~,is' ~ ~t ~.`e-t ~r+v~~g?? No. of Acres
tasttireiJse~~;:.'~~~~~'~^;.e~,.~:~~,z~. ~.::.hr ~ .ti,..
1. How many of the following animals were on the real estate the previous year? How many months?
Cows Horses _Sheep Swine Chickens Turkey Other
.;r-~- ,~~:.....F~,,, Y ti_-~r~z,,~? ,fir " E. -~ ~` ~ ' ~ . --~-'`,•r ~ +~`-zr; •~'t~ No. of Acres
~1II:~Horttculture~ ~ ~ ~,~'~ ~~r . .
Is this real estate devoted to the bona fide production for sale of fruits of all kinds, vegetables; nursery and floral products or real estate devoted
to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an
agreement with an agency of the federal government? Yes No X If in program with Federal Agency enter the
contract beginning date and expiration date Attach copy of contract
IV Fo estcUse~~=~~' ~~~~F~~`~i~`; ~~.~ ~:~~~ar' `' No. of Acres
....
Is this real estate devoted to forest use, including the standing timber and trees thereon, devoted to the growth in such quantity and so spaced and
_ maintained as to constitute a forest areas Yes No X Attach a copy any forest management plan.
:~-~Upe Snx pac_ ~e eaY~.;~ ,.. ~~~`~~ =.~^~'~.~''~t ->~~~~~:'~ No, of Acres 3.30
Is this real estate so used as to be provided or preserved for park use or recreational purposes, conservation of land or other natural resources,
floodways, historic or scenic purposes, or assisting in the shaping of the character, direction, and timing of community development or for the
public interest and consistent with the local land-use plan? Yes No Attach documentation.
AFFIDAVIT
1/we the undersigned certify that all land for which use taxation is requested meets all requirements of the uniform standards prescribed by the Commissioner of
Agriculture and Consumer Services, the Director of the Department of Conservation and Recreation, and the State Forester. Uwe declare under penalties of law that this
application and any attachments hereto have been examined by me and to the best of my knowledge are true and correct, I/we do hereby grant permission to the Soil
Conservation Service to provide information on Land Capability Classes to the proper authori~r for the purpose of administering the land use ordinance.
Signature of owner or corporation officer:
Corporation Name:
r`-
h~
Title: ~~~~i,~~
Note: Failure to obtain signatures of all parties owning an interest in this real estate constitutes a material misstatement of fact.
Signatures of all other parties owning an interest in this real estate.
§ 58.1-3238. Failure to report change in use; mlSStatementS In appllCatlOnS. Any person failing to report properly any change in use of property for which an application Cor use valor taxation had
been filed shall be liable for all such taxes, in wch amounts and at such times as if he had complied herewith and assessments had been properly made, and he shall be liable for such penalties and interest thereon as may be
provided by ordinance. Any person making a material misstatement of tact in any such application shall be liable for all such taxes, in wch amounts and at such times as if such property had been assesxd on the basis of fair
market value as applied to other real estate in the taxing jurisdiction, together with interest and penalties therton. If wch material misstatement was made with the intent to defraud the locality, he shall be further assessed with
an additional penalty of 100 percent of such unpaid taxes.
P84
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P85
PITTSYLVAI~IIA C®iJi`1'Y'Y
Board of Supervisors
EXEC~T'I'IVE SUMMARY
AGENDA TITLE:
Request to Extend Land Use Application Submittals
~ SUBJECT/PROPOSAL/REOUEST:
Extending Land Use Applications from December 5,
2010 to January 5, 2011
~ STAFF CONTACT(S):
William D. Sleeper
AGENDA DATE:
11-16-2010
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
Yes
BACKGROUND:
ITEM NUMBER:
13
INFORMATION:
INFORMATION:
The Board of Supervisors adopted amendments in their current Land Use Ordinance and established a
required deadline of December 5, 2010 for these required applications.
DISCUSSION:
Due to questions, confusion and the institution of a new ordinance, a request had been made that the Board of
Supervisors consider extending the deadline for Open Space applications from December 5, 2010 to January
5, 2010. However, according to the Commissioner of Revenue, the Virginia State Code prohibits the County
from changing the deadline date. Applications submitted past the December 5, 2010 deadline can be accepted
as late as December 31, 2010, but will require a late fee payment accompanying the application.
RECOMMENDATION:
Staff submits this to the Board for their review.
P86
§ 58.1-3234. Application by property owners for assessment, etc., under ordinance;
continuation of assessment, etc.
Property owners must submit an application for taxation on the basis of a use assessment
to the local assessing officer:
1. At least sixty days preceding the tax year for which such taxation is sought; or
2. In any year in which a general reassessment is being made, the property owner may
submit such application until thirty days have elapsed after his notice of increase in
assessment is mailed in accordance with § 58.1-3330, or sixty days preceding the tax
year, whichever is later; or
3. In any locality which has adopted a fiscal tax year under Chapter 30 (§ 58.1-3000 et
seq.) of this Subtitle III, but continues to assess as of January 1, such application must be
submitted for any year at least sixty days preceding the effective date of the assessment
for such year.
The governing body, by ordinance, may permit applications to be filed within no more
than sixty days after the filing deadline specified herein, upon the payment of a late filing
fee to be established by the governing body. In addition, a locality may, by ordinance,
permit a further extension of the filing deadline specified herein, upon payment of an
extension fee to be established by the governing body in an amount not to exceed the late
filing fee, to a date not later than thirty days after notices of assessments are mailed. An
individual who is owner of an undivided interest in a parcel may apply on behalf of
himself and the other owners of such parcel upon submitting an affidavit that such other
owners are minors or cannot be located. An application shall be submitted whenever the
use or acreage of such land previously approved changes; however, no application fee
may be required when a change in acreage occurs solely as a result of a conveyance
necessitated by governmental action or condemnation of a portion of any land previously
approved for taxation on the basis of use assessment. The governing body of any county,
city or town may, however, require any such property owner to revalidate annually with
such locality, on or before the date on which the last installment of property tax prior to
the effective date of the assessment is due, on forms prepared by the locality, any
applications previously approved. Each locality which has adopted an ordinance
hereunder may provide for the imposition of a revalidation fee every sixth year. Such
revalidation fee shall not, however, exceed the application fee currently charged by the
locality. The governing body may also provide for late filing of revalidation forms on or
before the effective date of the assessment, on payment of a late filing fee. Forms shall be
prepared by the State Tax Commissioner and supplied to the locality for use of the
applicants and applications shall be submitted on such forms. An application fee maybe
required to accompany all such applications.
P87
In the event of a material misstatement of facts in the application or a material change in
such facts prior to the date of assessment, such application for taxation based on use
assessment granted thereunder shall be void and the tax for such year extended on the
basis of value determined under § 58.1-3236 D. Except as provided by local ordinance,
no application for assessment based on use shall be accepted or approved if, at the time
the application is filed, the tax on the land affected is delinquent. Upon the payment of all
delinquent taxes, including penalties and interest, the application shall be treated in
accordance with the provisions of this section.
Continuation of valuation, assessment and taxation under an ordinance adopted pursuant
to this article shall depend on continuance of the real estate in a qualifying use, continued
payment of taxes as referred to in § 58.1-3235, and compliance with the other
requirements of this article and the ordinance and not upon continuance in the same
owner of title to the land.
In the event that the locality provides for a sliding scale under an ordinance, the property
owner and the locality shall execute a written agreement which sets forth the period of
time that the property shall remain within the classes of real estate set forth in § 58.1-
3230. The term of the written agreement shall be for a period not exceeding twenty years,
and the instrument shall be recorded in the office of the clerk of the circuit court for the
locality in which the subject property is located.
(Code 1950, § 58-769.8; 1971, Ex. Sess., c. 172; 1973, cc. 93, 209; 1974, c. 33; 1976, c.
478; 1977, c. 213; 1978, cc. 250, 644, 645; 1979, cc. 180, 632; 1980, cc. 493, 508; 1982,
c. 624; 1984, cc. 92, 675; 1988, c. 695; 1993, c. 102; 1999, c. 1026; 2001, c. 50.)
Shirley Y. Hammock
(434) 432-7942
Shirley.HammockC~pittgov.org
Chief Deputy Commissioner of the Revenue
Pittsylvania County
P88
PITTSYI,VANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE: AGENDA DATE:
Property and Buildings Committee Recommendations 11-16-2010
SUBJECT/PROPOSAL/REOUEST:
ACTION:
Yes
Acitivities with the Property and Buildings Committee CONSENT AGENDA:
ACTION:
STAFF CONTACT(S):
William D. Sleeper
ATTACHMENTS:
No
BACKGROUND:
BY:
ITEM NUMBER:
14
INFORMATION:
N:
The Property and Buildings Committee of the Pittsylvania County Board of Supervisors will meet at Spm on
Tuesday, November 16, 2010 to discuss: (a) Discussion of Olde Dominion Agricultural Complex (ODAC);
(b) Discussion of Captain Martin Building; and (c) Sheriff's Proposed Office Space. (See Attached
Agenda).
DISCUSSION:
Proposed services by the Board of Supervisors for the ODAC were recommended and will be discussed, as
well as the current status of the Captain Martin Building, and the Sheriff would like to appear concerning
proposed office space. This last item may be removed to the current activities.
RECOMMENDATION:
Recommendations will be submitted to the Board of Supervisors following the Property and Buildings
Committee meeting.
P89
PROPERTY & BUILDINGS COMMITTEE
Pittsylvania County Board of Supervisors
Tuesday, November 16, 2010
5:00 PM
County Administration Conference Room
Moses Building
Chatham, Virginia
AGENDA
1. Call to Order S :OOP.M.
2. Invocation
3. Roll Call
4. Approval of Agenda
5. New Business
(a) Discussion of Olde Dominion Agricultural Complex (ODAC)
(b) Discussion of Captain Martin Building
(c) Sheriff s Proposed Office Space
6. Adjournment
P90
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