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09-20-2011 BOS Adjourned Meeting~~l~c- ~~~~~; ~~ OARS P A~~ET B F 5-UPER'VISORS BOAR O RN E~ MEET IN G ADJOU EN~BER 2~` 2011 SEPT 1767 PTTTSYLVANIA COUNTY BOARD OF SUPERVISORS ADJOURNED MEETING TUESDAY, SEPTEMBER 20, 2011 7:00 P.M. GENERAL DISTRICT COURTROOM EDWIN R SHIELDS COURTHOUSE ADDITION CHATHAM, VA 24531 AGENDA Call to Order - 7:00 p.m. 2. Roll Call 3. Pledge of Allegiance 4. Items to be added to the Agenda (a) Purchase of Property - Callahan's Hill Compactor Site -Pages 7-8 (b) Request Public Hearing; Proposed Amendment to Chapter 31 of the Pittsylvania County Code -Pages 9-19 5. Approval of Agenda HEARING OF THE CTTI7~N5 CONSENT AGENDA 6(a) Proclamation -National Fire Prevention Week -Pages 22-23 (b) Out of State Travel -Pages 24-29 (c) Commonwealth Attorney -State Restricted Seizure Fund Appropriation -Pages 30-31 (d) Southern Rivers Watershed Grant Appropriation -Pages 32-36 (e) Tobacco Regional Opportunity Fund Appropriation -Pages 37-38 (f) Letters of Recognition for Future Farmers of America (FFA) Student Awards and the Center for Technology and Education Student Awards (CTE) -Pages 39-40 PUBLIC HEARINGS Rezoning Cases Case 1: Paul D. Walker & Kelly W. Walker - Tunstall District: R-11-033 (RC-1, Residential Combined Subdivision District portion to A-1, Agricultural District) Case 2: Bobby R Pickral, Sr. & Patsy W. Pickral - Callands-Gretna District: R-11-034 (R-1, Residential Suburban Subdivision District portion to A-1, Agricultural District) Case 3: Shelby O. Martin -Westover District: R-11-035 (R-1, Residential Suburban Subdivision District Jo A-1, Agricultural Dlslrict) Case 4: Archer A. Hyler-Tunstall District: R-11-036 (R-1, Residential Suburban Subdivision District portion to A-1, Agricultural District) Proposed Water Supply Plan & Drought Ordinance -Page 42 UNFINISHED BUSINESSS 8. Amendment to the Pittsylvania County Board of Supervisors By-Laws; Article II; Section 2.6- amended to remove invocation therefrom (Motion from Mr. Davis, seconded by Mr. Ecker at the September 6, 2011 Board of Supervisors meeting. This motion required a 10- day layover that has now been met). -Pages 44-48 Expenditure Refund - (Motion rnade by Mr. Snead, seconded by Mr. Davis, at the September 6, 2011 Board of Supervisors meeting. This motion required a 10-day layover that has now been met). -Pages 49-51 NEW BUSINESS 10. Contract Amendment -Annual Operations Manual Evaluation & Certification -Pittsylvania County Landfill, Permit No. 571; Amendment to Engineering Services Agreement with Dewberry -Pages 53-55 l 1. Joint Use Agreement between Board of Supervisors of Pittsylvania County, Virginia, and the Pittsylvania County School Board -Pages 56-65 12. Nursing Home Emergency Response Policy - Mr. Ecker -Page 66 13. Request from Town of Chatham to participate in the Pittsylvania County and Pittsylvania County School Insurance Group Policy -Pages 67-69 CLOSED SESSION BOARD ANNOUNCEMENTS REPORTS FROM LEGAL COUNSEL REPORTS FROM COUNTY ADMINISTRATOR-Pages ADJOURNMENT TO BE ADDED P6 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Purchase of Property -Compactor Site 09-20-2011 4 (a) I SUBJECT/PROPOSAL/REOUEST: ACTION: INFORMATION: ~ Yes Purchase of Property CONSENT AGENDA: STAFF CONTACT(S): ACTION: INFORMATION: William D. Sleeper ATTACHMENTS: Yes ' REVIEWED BY: ~i ' BACKGROUND: The Pittsylvania County Board of Supervisors discussed the Callahan's Hill Compactor site concerning necessary improvements to that site during the budgeting process. Funds were set aside for necessary improvements to the site including the need for additional property. Currently, there is a one acre site adjacent to the Callahan's Hill Compactor site available for the Board of Supervisors to purchase below the current assessed value. RECOMMENDATION: Staff recommends the Boazd of Supervisors authorize the County Administrator to negotiate, close and purchase a one acre site adjacent to the Callahan's Hill Compactor site for $10,000 and authorize the Chairman ofthe Boazd to sign to receive this property following final approval of legal counsel. P7 'F Kj• F.: .{ Ltgen~I a Addsess Points Compactor Sites Stlpets ®Parcels <~' ~ ~ ~ H%g1P71{il-' S8 li'eSl -~ ~r °'~~ Cony>,retor Sift. _~Oree~ ALa~ ~~ ~- ~ ~b ~` `' ~~ ~ ' "-° ' Scale: I Inch = 100 Feet ~~ ' '~- f Highway 58 Wesf _`/J Compactor Site 4~ 1 e_ 710 TARGIT DR '~1 k ~7 115 YANDOfA CHURCH RD ,i '~,` ~ ~~ 177 YAND(+IA CHVRCH RD 732! AfARTINSVIGGE FIlY7' + • 1 )r. t x~f `~j -., ~' ' ~y ~ `' K ~~Yga 1 ~ F: I ' ~ ~.~ '~ .~a~fi r ~~ ; . i' }.:e - Y 7 1 DEB- tr.~'7 .Ta ~; °1 mar,. ,` h. ~ 9 . > as ~aZ r n: t >> Q. ~ 3n r. t'~'~ S_ Y ±~ ":~. .4f Y y wj,' y ~ ~_4 8 ~ ~'`*'' y, ~..~ 7+~'~~ pajc~ ~, _ ,~Ie1~^'' a 'z*Se, .~M.' ' IlscaEratumxiuRD ~„ ;„ :' P8 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Request for Public Hearing -Proposed Amendments 09-20-2011 4(b) ', to Chapter 31, Pittsylvania County Code ACTION: INFORMATION: SUBJECT/PROPOSAL/REOUEST: Yes Request for Public Hearing CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): ATTACHMENTS: William D. Sleeper Yes REVIEWED BY: II BACKGROUND: The Emergency Medical Advisory Council (EMAC) met on Tuesday, September 13, 2011 and proposed a change in the Pittsylvania County ordinance for Chapter 31 in reference to Section 31-3.1; Subsection lb-8; Change in Definition. DISCUSSION: Definition of Immediate Family Members is being removed from the ordinance since it was originally established for and in relationship to a subscription fee that is not in the final ordinance; notwithstanding, Subsection 3-Billing, Subsection G. RECOMMENDATION: Staff recommends the Board of Supervisors discuss the public hearing request and the definition removal as well as Subsection 3g of Section 31-3.1 of the Pittsylvania County Code. P9 PROPOSED CHAPTER 31 Fire Prevention/Emergency Ambulance Service SEC. 31-1. FIRE PREVENTION CODE PURSUANT TO CHAPTER 9 OF TITLE 27, CODE OF VIRGINIA, 1950, AN ORDINANCE AUTHORIZING THE FIRE MARSHAL DEPARTMENT TO ENFORCE THE PROVISIONS OF "THE STATEWIDE FIRE PREVENTION CODE" This ordinance may be known and referred to as the Pittsylvania County Fire Prevention Code. SEC. 31-1.1 OFFICIAL ACTION. NOW THEREFORE BE IT ORDAINED, by the Board of Supervisors of Pittsylvania County, the Fire Marshal Department is hereby designated to act as the enforcing agency for the enforcement of "The Statewide Fire Prevention Code" duly adopted by the Virginia Boazd of Housing and Community Development under authority of 27-97, Code of Virginia, 1950, as amended. SEC. 31-1.2 ENFORCEMENT. The enforcement procedures of "The Statewide Fire Prevention Code" shall be instituted by the fire official and administered in accordance with the provisions set forth in the "Statewide Fire Prevention Code" and Section Four. SEC. 31-1.3 APPEALS. The Pittsylvania County Building Boazd of Appeals is hereby designated as the appeals boazd to hear appeals arising from the application of the provisions of "The Statewide Fire Prevention Code." SEC. 31-1.4 ADMINISTRATIVE PRACTICES. The fire official shall establish such procedures or requirements as may be necessary for administration and enforcement of this ordinance. The procedures are to be approved by the Boazd of Supervisors. SEC. 31-1.5 EFFECTIVE DATE This ordinance shall become effective at 12:01 A. M., following the date of its adoption. Adoated: January 17,1989 P70 SEC. 31-2. OFFICIALLY RECOGNIZED VOLUNTEER FIRE DEPARTMENTS IN THE COUNTY. A. Be it hereby ordained by the Board of Supervisors of Pittsylvania County that the Pittsylvania County Code of 1975 be amended to include a Subsection 31.2, entitled "OFFICIALLY RECOGNIZED VOLUNTEER FIRE DEPARTMENTS IN THE COUNTY." B. Pursuant to the authority of Section 27.14 of the Code of Virginia, 1950, as amended, the Board of Supervisors of Pittsylvania County recognizes the following Volunteer Fire Departments as Official Volunteer Fire Departments servicing the County: 1. Bachelors Hall Volunteer Fire Department. 2. Blairs Volunteer Fire Department. 3. Brosville Community Volunteer Fire Department. 4. Callands Volunteer Fire Department. 5. Chatham Volunteer Fire Department. 6. Climax Volunteer Fire Department. 7. Cool Branch Volunteer Fire Company, Incorporated. 8. Gretna Volunteer Fire Department. 9. Hurt Volunteer Fire Department. 10. Laurel Grove Volunteer Fire Department. 11. Mt. Cross Volunteer Fire Department. 12. Mt. Hermon Volunteer Fire Department. 13. Renan Volunteer Fire Department. 14. Riceville-Java Volunteer Fire Department. 15. Ringgold Volunteer Fire Department and Rescue Squad. 16. Smith Mountain Lake Marina Volunteer Fire Department. 17. Tunstall Volunteer Fire Department. P11 18. River Bend Volunteer Fire Department. 19. Dry Fork Volunteer Fire Department (B.S.M. 11/21/95) 20. Cascade Volunteer Fire Department (B.S.M. 4-18-00) 21. Keeling Volunteer Fire Department (B.S.M. 9-5-00) 22. Kentuck Volunteer Fire Department (B.S.M. 9-5-00) C. These departments will be eligible for expenditure reimbursements based on the policies and guidelines as may from time to time be established, amended or rescinded by the Boazd of Supervisors, and included in the annual budget. D. These departments will be recognized individually and the County will contribute a local match in operating funds to each recognized department dollar for dollaz not to exceed fifteen hundred ($1,500) for each department, subject to actual, annual or more frequent appropriations as may be approved by the Boazd of Supervisors. Nothing herein contained shall be deemed a continuing obligation or commitment nor does the Boazd of Supervisors have or maintain any involvement with the operation, ownership or management of any such fire department on said list or hereafter recognized. Provided further that if any such fire department shall fail to maintain its corporate status of otherwise fail to comply with any regulations, guidelines or policies of the Boazd of Supervisors or for other good cause the Boazd shall deem sufficient, the name may be stricken from the approved list by a majority vote of the Boazd of Supervisors. (B.S.M. 9-7-82) SEC. 31-2a. OFFICIALLY RECOGNIZED VOLUNTEER RESCUE SOUADS OPERATING WITHIN THE COUNTY. A. Be it ordained by the Boazd of Supervisors of Pittsylvania County that the Pittsylvania County Code of 1975 be amended to include a subsection 31.2 (a) entitled "Officially Recognized Volunteer Rescue Squads Operating within the County." B. There shall be hereby authorized the following rescue squads operating within the jurisdictional boundaries of Pittsylvania County serving the areas approved in their State Charter. C. The Board of Supervisors may fund, annually, or from time to time, contributions to assist these rescue squads to provide emergency medical service to the County. 1. Danville Life Saving and First Aid Crew. 2. Chatham Rescue Squad, Incorporated. P12 3. Gretna Rescue Squad, Incorporated. 4. Route 640 Rescue Squad. 5. Altavista Life Saving Crew, Incorporated. 6. 50% Service Area, Hurt Rescue Squad. 7. Cool Branch Volunteer Rescue Squad. 8. Laurel Grove Fire & Rescue Service B.S.M. 2-3-92) 9. Blairs Volunteer Fire & Rescue Squad (B.S.M. 1-18-05) 0. Brosville Volunteer Fire & Rescue Squad (B.S.M. 1-18-05) 11. Callands Volunteer Fire & Rescue Squad (B.S.M. 1-18-OS) 12. Mt. Cross Volunteer Fire & Rescue Squad (B.S.M. 1-18-OS) ] 3. Mt. Hermon Volunteer Fire & Rescue Squad (B.S.M. 1-18-OS) 14. Ringgold Volunteer Fire & Rescue Squad (B.S.M. 1-18-OS) ] 5. Tunstall Volunteer Fire & Rescue Squad (B.S.M. 1-18-OS) 16. Cascade Volunteer Fire & Rescue (B.S.M. 5-20-08) This ordinance shall become effective immediately upon its passage. SEC. 31-3. JUNIOR FIRE FIGHTER PROGRAM. Be it ordained by the Board of Supervisors of Pittsylvania County that the Pittsylvania County Code of 1975, be amended to include a subsection 31.3 entitled "Junior Fire Fighter Program." A. Pursuant to the authority granted by Section 40.1-79.1, Code of Virginia, 1950, as amended, as the same may be from time to time amended hereafter, the County of Pittsylvania, Virginia does hereby authorize any minor child, sixteen (16) years of age or older, with pazental or legal guazdian approval, to work with or participate fully in al] activities of a Volunteer Fire Company or Department, officially recognized by this chapter, provided such minor has obtained certification under National Fire Protection Association 1001, Level 1, firefighter standards, as administered by the Virginia Department of Fire Programs. P13 B. Any trainer or instructor of such minor or any member of a paid or Volunteer Fire Company or Department recognized in this chapter who supervises such minor shall be exempt from the provisions of Section 40.1-103, Code of Virginia, 1950, as amended, as the same may from time to time be amended hereafter, provided the Volunteer Fire Company or Department or the governing body of Pittsylvania County, Virginia has purchased insurance which provides coverage for injuries to or the death of such minor in the performance of activities under this section. C. It is hereby further ordained that the registered Volunteer Fire Department with whom such minor shall participate in firefighter activities shall abide by all Virginia Department of Fire Programs policies for all junior firefighters including: The junior firefighter shall reside in Pittsylvania County, Virginia, and evidence of such residency shall be provided by the junior firefighter and reviewed by a representative of the recognized volunteer fire department. 2. The junior firefighter shall present an original letter signed by his/her parent or legal guardian evidencing the parent or legal guardian's consent that the junior firefighter participate in activities under this section. 3. The junior firefighter shall have a copy of the current liability insurance policy for junior firefighters. D. Compliance with this Subsection C shall not be required for the trainer, instructor or member of a recognized fire department to be exempt from the provisions of Section 40.1- 103 of the Code of Virginia, 1950, as provided for in Subsection B of this ordinance. (B.S.M. 4-4-OS) SEC. 31-3.1 SER[~ICE FEE FOR EMERGENCYAMBULANCE TRANSPORT. Service Fee for Emergency Ambulance Transport Program a. Pursuant to VA Code 32.1-111.14, as amended, it is hereby determined and declazed that the exercise of the powers and duties set forth herein are necessary to assure the provision of adequate and continuing emergency services and to preserve, protect and promote the public health, safety and general welfaze. b. Definitions: 1. Permitted Agencies: Those emergency medical service Transport agencies authorized to provide emergency medical services, basic life support and/or advanced life support who are officially recognized in Section 16-2(a), Code of Pittsylvania County. 2. Participating Agencies: Those emergency medical service transport agencies who provide basic life support and/or advanced life support recognized as P14 Permitted Agencies in Section 16-2(a), Code of Pittsylvania County and who have entered into a Memorandum of Understanding and have been approved to participate in the Service Fee for Emergency Ambulance Transport Program pursuant to this ordinance. 3. Emergency Medical Transport System: All components of Emergency Medical Transportation available within Pittsylvania County. 4. Basic Life Support (BLS): Services shall be medical treatment or procedures provided to a patient as defined by the National Emergency Medical Services (EMS) Educational and Practices Blueprint for the Emergency Medical Technician (EMT)-Basic. 5. Advanced Life Support Level 1 (ALS-1): Services shall be medical treatment or procedures provided to a patient beyond the scope of an EMT-Basic as defined by the National EMS Education and Practice Blueprint. 6. Advanced Life Support Level 2 (ALS-2):Services shall be defined as advanced Life support (ALS) services provided to a patient including any of the following medical procedures: (i) manual defibrillation/cardioversion, (ii) endotrachael intubation, (iii) intra-venous line, (iv) cardiac pacing, (v) chest decompression, (vi) surgical airway or (vii) intraosseous line, and the administration of three (3) or more medications. 7. Ground transport mileage (GTM): Shall be statute mile from the Location of the incident, scene, or center point of a rescue demand zone where an incident scene or address is located, to a hospital or other facility where a patient is transported. o r.......,.,r:,.~,. c,....:r.. ~.~,....r.,._... cr.,.u r.,. ,r,......,.d .,, ~r.: °r r,r_,... r ~ ~ > c. The schedule of rates for emergency ambulance transport services by Permitted Agencies shall be set in accordance with a schedule adopted by resolution by the Fire/Rescue Emergency Medical Services Advisory Committee from time to time. d. The Fire/Rescue Emergency Medical Service Advisory Committee shall adopt appropriate rules and policies for the administration of the charges imposed by this section, including and not limited to payment standards for those persons who demonstrate economic hardship, as established by this ordinance. 2. Fire/Rescue Emergency Medical Service Advisory Committee (EMAC) P75 a. The Boazd of Supervisors do hereby establish the Fire/Rescue Emergency Medical Service Advisory Boazd, hereafter referred to as EMAC. b. Participating agencies will participate in the County Emergency Medical Revenue Recovery System created by this ordinance to be administered by EMAC. c. EMAC will consist of Five (5) representatives selected from those Participating Agencies, One (1) representative who is an Officer of the Pittsylvania County Fire and Rescue Association, One (1) representative who is a member of local government appointed by the Boazd of Supervisors, and Two (2) representatives who aze ex-officio members representing the local medical community and the emergency communications system, respectively. Each representative shall be entitled to an equal vote to determine matters of policy of EMAC. The five representatives from .the Participating Agencies shall be elected by the Emergency Medical Services Transport Agencies who aze members of the Pittsylvania County Fire/Rescue Association. The Pittsylvania County Fire/Rescue Association shall adopt written procedures for the election of the representatives to EMAC to be approved by the Board of Supervisors by resolution. The Pittsylvania County Fire and Rescue Association shall adopt a written procedure for the appointment of the one officer of the Pittsylvania County Fire and Rescue Association appointee to EMAC. For the initial EMAC composition, the Pittsylvania County Fire and Rescue Association shall make recommendations to the Board of Supervisors for the appointment of the two members representing the local medical community and the emergency communication system, and upon consideration thereof the Board of Supervisors shall make these appointments to EMAC. Following the creation of EMAC, EMAC shall thereafter make the recommendations to the Boazd of Supervisors for the two members representing the local medical community and the emergency communication systems, respectively, and the Board of Supervisors shall make those appointments to EMAC following consideration of the recommendation. d. EMAC shall adopt such bi-laws and rules of procedures, as it deems appropriate to govern the conduct of its business. 3. Billing a. EMAC shall determine the appropriate fees to be charged by the Permitted Agencies for emergency medical transport services, including but not limited to BLS, ALS-1, ALS-2, and GTM. EMAC shall give reasonable notice to the public of its intention to adopt and/or modify a fee schedule, and shall cause publication of any fee schedule or modification thereof such that is reasonably available to the public. Non-participating Permitted Agencies are not required to chazge for P16 services, but if chazges are made, said charges must be consistent with the fee schedule adopted by EMAC and the Ability to Pay Program. b. EMAC shall generate a bill for ambulance transports and service performed by all ambulances operated by any Participating Agency. i. All revenues generated by Participating Agencies will be placed in a designated fund within the County Treasury. Revenues in that designated fund will be used only to support and improve the emergency medical services delivery system in Pittsylvania County. ii. Revenues generated by Participating Agencies aze non-supplanting. The Board of Supervisors agrees that it is morally obligated to continue to provide no less than their current level of financial support to the Participating Agencies and the overall Emergency Medical Transport System so long as the agencies continue to provide their regular emergency medical services in the County. The distribution by EMAC of any audited, un-obligated funds from the fee-for- service program to the Participating Agencies is in addition to their regulaz support and in recognition of their participation in the program. iii. EMAC will distribute on an annual basic to the respective Participating Agencies a percentage of the audited, un-obligated revenues generated by the fee-for-service program. These funds will be prorated based on the riumber of calls for service answered by the Participating Agencies and will be used to recruit and retain qualified volunteer EMS responders. An additional percentage of revenues generated by the program will be used to support a paid, staffed, back-up system that will provide 24-hour transport/ALS coverage for unanswered calls. Any remaining revenue will be placed in Capital Improvement Fund to be used to enhance the County's overall Emergency Medical Transport System. These distributions, when combined with other regular County financial support will not exceed the respective Participating Agency's cost to provide emergency medical services in Pittsylvania County. The respective distributions shall be made by EMAC based upon its determination of the best interests of the overall Emergency Medical Transport System. iv. Permitted Agencies may ask EMAC to chazge afee-for-service in their primary response area in adjoining localities. c. Payment of all charges for ambulance services, including evaluation, treatment or ambulance transport, shall be the responsibility of the patient or the pazent, guazdian, or other legally responsible party in the case of a minor or an individual deemed incompetent. d. Permitted Agencies who wish to participate in and receive revenue under the Service Fee for Emergency Ambulance Transport Program must sign a P17 memorandum of agreement accepting the guidelines set forth in the Ordinance. Only participating agencies shall have access to revenue generated or benefits from billing by Participating Agencies and administered by EMAC. e. Permitted Agencies who may wish to participate pursuant to this Ordinance at some future time shall be allowed to do so only afrer submitting a written request to EMAC. The request will be submitted during the yearly enrollment period from July 15i to December 31S`. Agencies requesting to participate will receive no retroactive funding but will receive a distribution based on number of calls answered between the date of enrollment and the close of the fiscal year. f Participating Agencies who wish to end their participation under the Service Fee for Emergency Ambulance Transport may do so no less than two years from their initial emolhnent and will be required to notify EMAC ninety (90) days prior to termination. Agencies that cease to provide transport service or cease to be licensed as an EMS transporting agency by the State of Virginia Office of Emergency Medical Services will be removed from the list of Participating Agencies. Any equipment purchased with funds generated from the revenue recovery program, for agencies terminating their participation in the fee-for-service program, will remain with the agency. ~4feAiesi~ h. Equipment purchased with funds generated by funds generated pursuant to the billing procedures authorized by this ordinance shall be titled in the name of the agency for which they are purchased. 4. Billing Process a. Patients will fall into one of the following categories for billing purposes: i. Insured through third-party health insurance company, Medicare, Medicaid. The appropriate health insurance carrier will be billed. Any applicable co- payments, co-insurance, deductibles, or other similar payments, will be billed to the patient, except as provided for herein. ii. No third party source of payment. If there is no third party source of payment, a bill is to be sent to the patient transported. If the individual has the financial ability to pay, then payment of the outstanding charges are required, except as otherwise provided for herein. If the patient can demonstrate a financial hardship and qualifies for reduced payments P18 pursuant to section 6 then the patient shall be eligible for a reduction or waiver of the amount of the charges due. 5. Billing Contractor a. EMAC may contract with athird-party for billing and related services. 6. Ability to Pay Program a. When any patient is billed for a transport or copayment pursuant to this Ordinance and because of limited financial resources or assets, a procedure shall be established by EMAC for such patient to apply for a reduction or waiver in the chazge due. b. EMAC shall establish an ability to pay scale and eligibility criteria for individuals who can demonstrate financial hardship. EMAC shall give reasonable notice to the public of its intention to adopt and/or modify an Ability to Pay Program or criteria for reduced fees or waiver of fees and shall cause publication of any reduced or waived fee criteria such that it is reasonably available to the public. a The Ability to Pay Program shall establish an equitable fee policy for those situations where the patient is unable to meet the ambulance transport chazge because of demonstrated financial hardship. d. A patient representing that there exists a financial hazdship will submit information sufficient to determine such hazdship. If it is determined that payment of the emergency ambulance transport chazges creates a financial hardship, charges due may be reduced or waived according to the scale. 7. Collections a. Billing and collection policies and services will be established by EMAC. No participating agency will accept or receive payment for services rendered to a patient. Adopted by the Board of Supervisors on January 19, 2010. P19 HEARING OF CIT3ZENS P20 CONSENT AGENDA P21 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Proclamation -Fire Prevention Week SUBJECT/PROPOSAL/REpUEST: Proclamation Declaring Fire Prevention Week in ,Pittsylvania County STAFF CONTACT(S): William D. Sleeper AGENDA DATE: 09-20-2011 ACTION: CONSENT AGENDA: ACTION: Yes ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: ITEM NUMBER: 6 (a) INFORMATION: INFORMATION: Each year Pittsylvania County following the United States non-profit Fire Protection Association declazes a Fire Prevention Week in Pittsylvania County. DISCUSSION: Attached hereto, is a Proclamation for the Pittsylvania County Board of Supervisors declazing October 9`h through October 15'", 2011 Fire Prevention Week in Pittsylvania County. RECOMMENDATION: Staff recommends the Board of Supervisors approve the attached Proclamation and authorize it to be forwazd to all necessary news media. ,, 1, P22 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMATION FIIiE PREVENTION WEEK OCTOBER 9-15, 2011 WHEREAS, the County of Pittsylvania is committed to ensuring the safety and security of all those living in and visiting our state; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, home fires killed more than 2,500 people in the United States in 2009, according to the latest research from the nonprofit National Fire Protection Association (NFPA), and fire departments in the United States responded to more than 360,000 home fires; and WHEREAS, cooking equipment is the leading cause of home structure fires and associated injuries, and the third leading cause of home fire deaths; and WHEREAS, heating and electrical equipment and smoking materials are among the leading causes of all reported home fires; and WHEREAS, home candle fires aze reported to a US fire department every 30 minutes, on average; and WHEREAS, the risk of dying in a home structure fire caused by smoking materials rises with age; and WHEREAS, working smoke alarms cut the risk of dying in reported home fires in half; and WHEREAS, automatic fire sprinkler systems cut the risk of dying in a home fire by about SO%; and WHEREAS, Virginia's first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, Pittsylvania County's residents are responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes; and WHEREAS, residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and WHEREAS, the 2011 Fire Prevention Week theme, "It's Fire Prevention Week, Protect your Family from Fire!" effectively serves to remind us all of the simple actions we can take to keep our homes and families safe from fire during Fire Prevention Week and year-round. THEREFORE, We, the Board of Supervisors of Pittsylvania County, do hereby proclaim October 9-15, 2011 as Fire Prevention Week throughout the County of Pittsylvania, and we urge all the residents of Pittsylvania County to protect their homes and families by heeding the important safety messages of Fire Prevention Week 20] 1, and to support the many public safety activities and efforts of Pittsylvania County's fire and emergency services. Given under my hand this 20's day of September, 2011. Tim R. Barher, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk p23 Pittsylvania County Board of Supervisors PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Out of State Travel Approval of Out of State Travel 09-20-2011 ACTION: Yes 6 (b) INFORMATION: CONSENT AGENDA: STAFF CONTACT(S): ACTION: INFORMATION: William D. Sleeper ATTACHMENTS: ~ ' Yes REVIEWED BY: BACKGROUND: The County of Pittsylvania has had a number of issues conceming uranium mining and milling based on the proposal of the Coles Hill site in Pittsylvania County. DISCUSSION: Cameco has proposed a trip to Saskatchewan, Canada, to review several mill sites along with input from the Minister of Energy and from the Canadian Uranium Safety Commission as well as other engineers and operating officials of uranium mining in Canada. Because of the number of people involved and the information that may be submitted at those meetings, I think the information would be beneficial to Pittsylvania County. Therefore, attached hereto, you will find my memorandum to the Director of Economic Development to attend this meeting since there will be little or no cost to the County of Pittsylvania for the trip and the information will be invaluable. RECOMMENDATION: Staff recommends the Board of Supervisors authorize the Director of Economic Development to spend three (3) days, September 26, 20] 1 through September 28, 2011, on a trip to Canada for fact finding issues conceming uranium mining and milling. P24 PI'I"TSYI.~IANIA COBTNTY VIRGINIA William D. Sleeper County Administrator P.O. Box 426 Chatham, Virginia 2x1531 dan.sleeper@pittgov.org Phone (434) 4327710 Fax (434) 432-7714 Gtetna/Hurt (434) 656-6211 Bachelow Hall/Whitmell (434) 797-9550 Memorandum To: Kenneth L. Bowman, Director of Economic Devel ~ me t From: William D. Sleeper, County Administrator ,/,J/ Date: September 9, 201 I // Subject: Cameco Fact Finding Mission It is my understanding that Cameco, a uranium corporation in Saskatchewan, Canada, has developed a fact finding trip for representatives from the Commonwealth of Virginia to their mining operation in Canada. 'this trip appears to be from September 26 -September 28, 2011 and includes a number of representatives and organizations from Virginia to see how a uranium mine operation is carried out under current Canadian permit requirements. Since this is an economic development issue, and it is imperative that the Board of Supervisors receive input concerning these types of operations, I am requesting that you attend this meeting as a fact finding mission for the Oftice of Economic Development and bring a report back to the Board of Supervisors concerning the information that you've found and information and materials that may be presented by the Canadian Nuclear Safety Commission and the Minister of Energy and National Resources. If you should have any questions concerning this directive, please do not hesitate to contact my office. W S/rf Cc: Flonorable Mcmbcrs of the Pittsylvania County Board of Supervisors J. Vaden Hunt, County Attorney P25 Schedule for Saskatchewan visit by Virginia delegation Mondav - 9-~G S:OOpm Depart Virginia via private jet charter (3 hour 30 minute Flight) 6:30pm Land in Saskatoon (2 hour time difference) 7:30pm Check into Radisson Hotel 8:OOpm Dinner at hotel restaurant Tuesday g-y'r 6:OOam Breakfast (room service) 6:30am Leave far airport to meet Cameco representative 7:OOam Cameco plane departs Saskatoon 9:OOam Land at Cameco's Rabbit Lake airstrip in the Athabasca Basin 9:15am Orientation/ Safety Briefing by Rabbit Lake facility General Manager Cameco's Rabbit Lake operation opened in 1975 and is the longest operating uranium production facility in North America - Total production 1975 to 2010 was 182.5 million pounds - Deposits include mined-out original Rabbit Lake open pit, Collins Bay A-, B-and D-zones as well as active Eagle Point underground mine - Mined-out Rabbit Lake open pit now used for tailings containment - Eagle Point has reserves of approximately 25.5 million pounds 0308 - Total production for 2010 was 3.8 million pounds U3O8 10:30am Tour Eagle Point mine - We will observe an active underground mining operation. - Visitors must wear steel-toed boots, hard hats w/lamps (provided) - Go into mine decline via truck to observe operations at the face - Education on safety procedures to protect worker health. 12:30pm Lunch 1:30pm Tour Rabbit Lake mill /Tailings management facility - Observe ore from Eagle Point mine being processed - Watch finished yellow cake packed into drums for transport - Gain understanding of water treatment system - Explanation of tailings containment facility - Observe procedures to ensure worker & environmental protections 4:OOpm Cameco plane departs from Rabbit Lake airstrip 6:OOpm Arrive in Saskatoon 6:30pm Delivered back to Radisson hotel 7:30pm Casual dinner at or near hotel Wedllesday (meetings are being arranged 6y Cameco) 7 , Zg 7:30am Breakfast 8:30am Check-out of Radisson hotel, go with Cameco's Government Affairs Dept. to meetings 9:OOam Appointment with Ministers of Energy & Natural Resources 10:00am Meeting with regulators from Ministry of Labor Relations and Worker Safety 10:45am Meeting with regulators from Ministry of Environment 11:30am Meeting with Canadian Nuclear Safety Commission 12:30pm Depart Saskatoon (lunch on the plane) 6:OOpm Land in Virginia (2 hour time difference) P26 •a' t •.: ,_ 1 ; r~ _, Ur•a3raitam (Innzsti;ag rr ~ ~CCr it Ptt"CtD'Le"llj' .. ." ~ ~ ~ 1 < 1.. ~ .. .. .. , u aLrt cage \~ ~t• j,. +ra ! „~aTCieto Ts Qne h~ {}tC ` _ ~ •' !xt. 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'' •'_~>'~Et~~.fl ~.a~N,~ti'r. heel' ,r'i 1`7.^'^'.`~ Er ~ ,~' o."7i ~•(. ~F 1't ~ry ~E~ ~~ P29 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 9-20-11 ITEM NUMBER: 6(c) Consent Agenda: Commonwealth Attorney- State Restricted Seizure Funds-Requires a Roll Call Vote ACTION: INFORMATION: SUBJECT/PROPOSAL/REOUEST: Appropriation of State Restricted Seizure Funds for the purchase of laptop computers for the Commonwealth's Attorney CONSENT AGENDA: ACTION: Yes INFORMATION: STAFF CONTACT(Sl: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Board of Supervisors appropriates $5,000 of Restricted Seizure Funds to be used by the Commonwealth's Attorney each yeaz during the budget process. Sometimes more of these funds are needed during the year and must be appropriated if the amount needed exceeds $5,000. DISCUSSION: The Commonwealth's Attorney wishes to utilize Restricted Seizure Funds to make additional purchases for his office that exceeds the original $5,000 appropriation. A total of $3,600.00 needs to be appropriated to the restricted seizure fund, line item 243-4-022200-6010 in order to make these additional purchases. This fund had a balance of $67,366.97 as of August 31, 2011. RECOMMENDATION: Staff recommends that the Board amend the Commonwealth Attorney's Restricted Seizure Fund budget and appropriate $3,600.00 to line item 243-4-022200-6010. THIS MOTION REQUIRES A ROLL CALL VOTF,. P30 i i ~. Jf..v DAVID N. GRIMES (a34) a3z-79oo Fax (434) 432-7903 COMMONWEALTH'S ATTORNEY (434) 656-621 I e-mail: david.grimes@pittgov.org COUNTY OF PiTTSYLVANIA P.O. Box 1068 (434) 797-9550 Chatham, VA 24531 August 19, 2011 Mrs. Kimberly Vanderhyde Finance Director Pittsylvania County Chatham, Virginia RE: Transfer of asset forfeiture funds from revenue line to expense line Dear Kim, Our office is currently purchasing two new laptops (invoice attached). Therefore, I would respectfully request the transfer of $3,600.00 from our revenue line #243- 3-000000-230120 to our expense line #243-4-022200-601000 to pay for this purchase. Thank you for your assistance with the matter. Sincerely, Rlfbert Bryan Haskins Deputy Commonwealth's Attorney P31 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY I AGENDA TITLE: AGENDA DATE: 9-20-11 ITEM NUMBER: 6(d) Southem Rivers Watershed Grant Appropriation- Requires aRoll Call Vote ACTION: INFORMATION: SUBJECT/PROPOSAL/REOUEST: Appropriation of the Southern Rivers Watershed Grant for the Olde Dominion Agricultural Complex CONSENT AGENDA: ACTION: Yes INFORMATION: (ODAC) sewer STAFF CONTACT(S): Sleeper, VanDerHyde ATTACHMENTS: ' Yes REVIEWED BY: ~ BACKGROUND: The Pittsylvania County Board of Supervisors recently applied for a Southern Rivers Watershed Enhancement Program Grant from the Department of Housing and Community Development to help with the installation of a sanitary sewer system for the ODAC. DISCUSSION: The Board of Supervisors was awarded a grant in the amount of $50,000 to help with the installation of a sanitary sewer system for the ODAC. These funds need to be appropriated to the grants fund (line item 250- 4-081615-8212). RECOMMENDATION: Staff recommends that the Boazd amend the Southern Rivers Grant-ODAC budget and appropriate the $50,000 to line item listed above. THIS AMENDMENT REQUIRES A ROLL CALL VOTE. P32 CONTRACT #11-SR-Ol SOUTHERN RNF.,KS AGREEMENT This AGREEMENT, entered into as of this 1st day of July, 2011 by and between the Virginia Department of Housing and Community Development hereinafter referred to as "DHCD" and the Comtty of Pittsylvania hereinafter referred to as "GRANTEE." WITNESSEI'H WHEREAS, DHCD has been authorized by the Governor of Virginia to distribute and administer the Southern Rivers Watershed E»hanccmcnt Program (SRWEP) according to the SRWEP Program Guidelines, and WHEREAS, the PROJECT as described in the SRWEP Application as submitted by the GRANTEE has achieved a sufficiently high ranking to qualify for construction funding on the basis of the SRWEP Program Guidelines, Now'!'HEKEFORE, the above mentioned parties hereto do mutually agree as follows: 1. DHCD agrees to award the GRAT"I'EE a Southern Rivers Watershed Enhanccmettt Progtimt Wastewater Treatment System Construction grant in an amount of the total allowab-c, eligible costs in carrying out the activities included in the scope of the work herein described not to exceed $50,000 (Fifty Thousand and 00/100 dollars). 2. The GRANTEE will commence, carry out and complete the following scope of work (more thoroughly described in the GRAi~ITEF,'S SRWEP Application). Project Title: County of Pittsylvania Agricultural Complex Sanitary Sewer Project Location: The Sanitary Sewer System is located o» U.S. Route 29, just north of the Town.of Chatham. Outcome: Funding will be used to complete construction of a sanitary sewer system that will serve a new $5.2 million multi-faceted Agriculural Complex that will include officea for agricultural services as well as a 53,000 square foot indoor azena and a 500 seat conference center. The project will prevent un-site treatment of sewage ut an area that drains to Cherrystone Creek, a stream that is listed as impaired by bacteria in recent TMUL studies. P33 GRANTEE will specifically complctc the following major products: a. Complete construction of a sanitary sewer pump station includine all pipes pumps, electrical systems and site work; b. Install approximately 7,918 feet of 4 inch force main extendine to the Town of Chatham treahncnt facility; and, c. Document haseline environmental conditions claimed in the proposal and demonstrate substantial impact upon those conditions at the completion of the project and six months after SRWEP improvements have been out into service. P34 I. The aforementioned OUTCOME and all project activities as specified in the SRWEP application shall be fully completed by the completion date regardless of the availability of other funds anticipated for use on this PROJECT by the GRANTEE. No budget revision, AMENDMENT or termination of this CONTRACT shall be made which affects the GRANT73E's responsibility to fully complete the SCOPE OF WORK. 4. The aforementioned PROJECT shall be carried out, and grant payments made in strict conformance with the CONTRACT DOCUMENT'S. 5. The GRANTEE will use the lesser of (])the amount specified above, or (2) if, a[ total project completion, there are cost under-runs or project savings, these costs shall revert to the Department of Housing and Community Development and other funding sources committed to the project in the grant proposal on a proportional basis, unless superseded by other funding source requirements. 6. The GRANTEE will initiate the PRODUC'T(S) required by the CONTRACT DOCUMENTS beginning July 1, 2011, unless grant special conditions require additional action on specified activity(s) before proceeding with that activity(s). In such instances the GRANTEE will initiate action relative to removal of the special conditions beginning with the execution of this agreement. 7. The GRANTEE shall complete the work as described in the CONTRACT DOCUMENTS on or before Juoc 30, 2012. If the ACTIVITIES are not completed by that date all SRWEP funding shall be terminated and the Grantee shall return all unexpended funds, unless an amendment to the CONTRACT DOCUMENT provides otherwise. Notwithstanding, the GRANTEE shall be obligated to fully complete the SCOPE OF WORK. 8. DHCD agrees to make payment to the GRANTEE upon receipt of a properly completed and signed invoice. Request may be made allowing approximately twenty-one days to receive the funds. Funds are to be invnediately disbursed by the GRANTEE and should not be deposited in an interest-bearing account. 9. The term CONTRACT DOCUMENTS means the following documents which are a part of this Agreement, and aze incorporated by reference herein as if set out in full. (A) GRANTEE'S SRWEP Application; (B) AGREEMEI3T; (C) General Conditions; (D) Special Conditions; (E) AMENDMENTS; (F) SRWEP Program Guidelines, including all items in the "Southern Rivers Watershed Enhancement Program Proposal Format",the enabiing legislation, and any additional correspondence from DHCD pertaining to the SRWEP; and (G) Al] applicable provisions of the CODE OP VIRGINIA, including but not litnited to the Virginia Public Procurement Act. P35 In witness whereof, the parties hereto have executed or caused to be executed by their duly authorized official this Agreement in duplicate, each copy of which will be deemed an original. COMMONWEALThI OF VIRGNIA, llEPAR'fMENT OF HOUSING AND COMMUNITY DEVELOPMENT Lisa A. inson, Deputy Director City of Richmond Commonwealth of Virginia DATE: ' 1 Z • I ] I do certify that Lisa A. Atkinson personally appeared before me and made oath that she is rite Deputy Director of the Department of Housing and Community Development and that she is duly authorized to execute the foregoing document. Mytermofofficeexpires Y'1 3U~,'~12,. o`~~PP,....HNS , `~,•~''N07ARY''•02 PUBLIC Gifv/enou'nd-er'm^yha~n~d(t/hAis,,1_~~syda~yof~, 2Qf1 ='~;~REG.,v716~2ra•:*- ~ IVV`~~1'Vf/Y ~~ ~. MY~C~OM~f~f~I~55~gH :~ t o Public '=~oy~e~'-t~„°.~\QV`, trH of , Notary Registration t~lumber: 1 1~1 a'(Du COUN'T'Y OF pdTfSYLVANIA Ii Y: ~~~s~ DATE: `1~{.~-'/~ William D. Sleeper, Count Adniinistrato County of ~ t / Commonwealth of uginia I do certify that William D. Sleeper personally appeazed befom me and made oath that he is County Administrator of the County of Pittsylvania and that he is duly authorized to execute the foregoing document. My term of office expires yyyyy Giv der my hand this ~ da o~~~, ~[~ Notary Public Notary Regisvation I~'umber: ~'~ P36 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 9-20-11 ITEM NUMBER: 6(e) Tobacco Regional Opportunity Fund (TROF) Appropriation-Requires a Roll Call Vole SUBJECT/PROPOSAL/REOUEST: Appropriation of Tobacco Opportunity Funds STAFF CONTACT(S): ACTION: Yes CONSENT AGENDA: INFORMATION: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: Pittsylvania County has been awazded $100,000 from the Tobacco Opportunity Fund by the Tobacco Indemnification and Revitalization Commission. Attached is the resolution previously approved by the Board of Supervisors for support of the TROF fund application. Staff recommends that $100,000 be appropriated to 330-4-081500-8223 from the Tobacco Opportunity Funds received. THIS AMENDMENT REQUIRES A ROLL CALL VOTE. P37 RESOLUTION ACCEPTING TOBACCO REGIONAL OPPORTUNITY FUND GRANT FOR RINGGOLD EAST' INDUSTRIAL PARK, PI'I'TSYLVANIA COUNTY, VIRGINIA 2011-08-02 WHEREAS, Pittsylvania County has been impacted by the decline of the tobacco industry causing a negative impact on economic development and growth throughout the County, and WHEREAS, the Tobacco Indemnification and Commwtity Revitalization Commission has developed an economic development program to help tobacco related localities to change and revitalise their economy, and WHEREAS, grants from the Tobacco Regional Opportunity Fund will assist Pittsylvania County in transforming its economy to replace the decline in the tobacco agro-business community by encouraging businesses to locate and expand their operations in Pittsylvania County, then BE IT HEREBY RF.SOLVEU, that the Board of Supervisors of Pittsylvania County accepts the Tobacco Regional Opportunity Fund grant, in the amount of $100,000, for real property improvements at 2275 Cane Creek Parkway, in the Ringgold East Industrial Park, and authorizes the County Administrator to sign the necessary Performance Agreement, and all necessary correspondence relating to the Tobacco [ndemniftcation and Community Revitalization Commission, 't'obacco 1egional Opporhmity Fund and to be responsible for the accuracy of the application and for the appropriate use of funds. The Board of Supervisors of Pittsylvania County further resolves that the County will be liable to the Tobacco Indemnification and Community Revitalization Commission if certain specified employment and investment goals are not met within 36 months, and that all received 't'obacco Regional Opportunity Funds, for this specific project, will be spent opt on-site real property improvements. Given under my hand this 16'h day of August 2011. . ( ~~~~ Tim R. Barb r, Chairman Pitlsylvan~ ounty Board of Supervisors William D. Sleeper, CI rk Pittsylvania County B and of S P38 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Letters of Recognition for FFA Student Awazds and CTE Student Awazds SUBJECT/PROPOSAL/REOUEST: Letters of Recognition STAFF CONTACT(S): William D. Sleeper BACKGROUND: AGENDA DATE: 09-20-201 ] ACTION: Yes ITEM NUMBER: 6 (f) INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: / Yes REVIEWED BY: / A number of County students have received State and National Awards concerning Future Farmers of America (FFA) and the Center for Technology and Education (CTE). DISCUSSION: The Honorable Mazshall Ecker has requested these letters to be sent on the behalf of the Pittsylvania County Boazd of Supervisors for recognition to students that received State and National Awards in these areas. Attached hereto, you will find a sample letter of recognition that will be prepazed for these students. RECOMMENDATION: Staff recommends the Board of Supervisors authorize the County Administrator to send letters of recognition to the referenced students for the State and National Awazds for Outstanding Performance. Pazents and students will be requested to attend the October 3, 2011 for the actual presentations of these Letters of Recognition. P39 (MODEL LETTER) STUDENT NAME ADDRESS Deaz (Student); The Pittsylvania County Boazd of Supervisors would like to take this opportunity to congratulate you on receiving (applicable award) at the (applicable competition/date). The requirements and skills put forth to obtain this prestigious awazd is emblematic of the hazd work and efforts you have put forth to reach this goal. In achieving this award, you have not only brought honor and recognition to yourself and your family, but also to (applicable school) and Pittsylvania County. The Boazd of Supervisors of Pittsylvania County wishes you the best in your future endeavors and again congratulates you on winning this celebrated achievement. Sincerely, William D. Sleeper County Administrator P40 PUBL ~C '3EAR'.NG P41 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Proposed Water Supply Plan & Drought Ordinance 09-20-2011 7 SUBJECT/PROPOSAL/REOUEST: ACTION: INFORMATION: No Public Hearing CONSENT AGENDA: STAFF CONTACT(S): ACTION: INFORMATION: William D. Sleeper ATTACHMENTS: No REVIEWED BY: ~' 6 BACKGROUND: DISCUSSION: This item has been stricken from the agenda. The public hearing will be held at the Board of Supervisors' regulaz meeting on October 3, 2011. RECOMMENDATION: P42 UllTFINIS3ED BUSINESS P43 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Amendment to the Pittsylvania County By-Laws; Article II SUBJECT/PROPOSAL/REOUEST: 09-20-2011 8 ACTION: INFORMATION: Yes Amendment of By-Laws STAFF CONTACT(S): William D. Sleeper BACKGROUND: CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY: Al the September 6, 2011 meeting of the Pittsylvania County Boazd of Supervisors, the Boazd discussed and approved a policy regarding invocation before meetings of the Board of Supervisors. The passing of that Resolution for the By-Laws of the Board of Supervisors conflicted under Article II; Section 2.6; where an invocation was listed as a requirement of the agenda. DISCUSSION: Mr. Davis made a motion, seconded by Mr. Ecker to amend the Pittsylvania County By-Laws under Article II; Section 2.6 to remove the word invocation from that section. This has met the 10-day layover requirements of notice and the Board may vote to remove this item under Section 2.6. This will require a Roll Call vote. RECOMMENDATION: P44 Proposed ARTICLE II. Meetings 2.1. The Board shall meet regularly on the first Monday and the third Tuesday of each month at 7:00 p.m. in the County Courthouse for the purpose of dischazging their administrative and legislative responsibilities. All meetings of Board of Supervisors Committees shall be held at the County Government Complex in Chatham, Virginia. 2.2. All such meeting shall be open to the public and shall be conducted in an orderly fashion with "Roberts Rules of Order" modified by State Law, being used as the parliamentary procedure. 2.3. The Sheriff of the County or his designee shall act as "Sergeant of Arms" at all meetings of the board and shall, when so directed by the Chairman, expel any person or persons from such meetings. 2.4. For the purpose of address and order, the Board and its staff shall sit in front of the "public rail" in the Courtroom and all other persons shall sit behind the "public rail". 2.5. Agendas shall be prepared by the Boazd's staff and used at all meetings. All items requested to be placed on the agenda shall be submitted in writing to the County Administrator five (5) working days before the meeting; however, members of the Board of Supervisors may make oral requests. Any items received afrer that time shall appear on the next regular meeting agenda unless all members of the Boazd are present and by a unanimous vote to place such items upon the agenda. 2.6. The order of business at all regulaz meetings of the Board shall be as follows: No additional items of business shall be considered afrer the agenda is approved. Call to Order Roll Call Pledge of Allegiance Items to be Added to the Agenda Approval of Agenda Hearing of Citizens Unfinished Business Consent Agenda P45 POLICY REGARDING OPENING INVOCATIONS BEFORE MEETINGS OF THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA RESOLUTION #2011-09-OS WHEREAS, the Boazd of Supervisors of Pittsylvania County, Virginia ("Board of Supervisors"), is an elected legislative and deliberative public body, serving the citizens of Pittsylvania County, Virginia; and WHEREAS, legislative bodies in America have long maintained a tradition of solemnizing proceedings by allowing for an opening prayer before each meeting, for the benefit and blessing of the Board of Supervisors; and WHEREAS, the Boazd of Supervisors now desires to adopt this formal, written policy to clazify and codify its invocation practices; and WHEREAS, such prayer before deliberative public bodies has been consistently upheld as constitutional by American courts, including the United States Supreme Court; and WHEREAS, in Marsh v. Chambers, 463 U.S. 783 (1983), the United States Supreme Court rejected a challenge to the Nebraska Legislature's practice of opening each day of its sessions with a prayer by a chaplain paid with taxpayer dollars, and specifically concluded, "The opening of sessions of legislative and other deliberative public bodies with prayer is deeply embedded in the history and tradition of this country. From colonial times through the founding of the Republic and ever since, the practice of legislative prayer has coexisted with the principles of disestablishment and religious freedom." Id., at 786; and WHEREAS, the Supreme Court further he}d, "To invoke divine guidance on a public body... is not, in these circumstances, an `establishment' of religion or a step toward establishment; it is simply a tolerable acknowledgment of beliefs widely held among the people of this country." Id., at 792; and WHEREAS, the Supreme Court affirmed in Lynch v. Donnelly, 465 U.S. 668 (1984), "Our history is replete with official references to the value and invocation of Divine guidance in deliberations and pronouncements of the Founding Fathers and contemporary ieadera" Id., at 675; and WHEREAS, the Supreme Court further stated, "Those government acknowledgments of religion serve, in the only ways reasonably possible in our culture, the legitimate seculaz purposes of solemnizing public occasions, expressing confidence in the future, and encouraging the recognition of what is worthy of appreciation in society. For that reason, and because of their history and ubiquity, those practices aze not understood as conveying govemment approval of particular religious beliefs." Id., at 693 (O'Connor, J., concurring); and WHEREAS, the Supreme Court also famously observed in Zorach v. Clawson, 343 U.S. 306, (1952), "We are a religious people whose institutions presuppose a Supreme Being." Id., at 313-14; and WHEREAS, the Supreme Court acknowledged in Holy Trinity Church v. United States, 143 U.S. 457 (1892), that the American people have long followed a "custom of opening sessions of all deliberative bodies and most conventions with prayer...," Id., at 471; and Page 1 of 3 P46 WHEREAS, the Supreme Court has determined, "The content of [such] prayer is not of concern to judges where ...there is no indication that the prayer opportunity has been exploited to proselytize or advance any one, or to disparage any other, faith or belief" Marsh, 463 U.S. at 794-795; and WHEREAS, the Supreme Court also proclaimed that it should not be the job of the courts or deliberative public bodies "to embazk on a sensitive evaluation or to pazse the content of a particular prayer" offered before a deliberative public body. Id.; and WHEREAS, the Supreme Court has counseled against the efforts of government officials to affirmatively screen, censor, prescribe and/or proscribe the specific content of public prayers offered by private speakers, as such government efforts would violate the First Amendment rights of those speakers. See, e.g., Lee v. Weisman, 505 U.S. 577, 588-589 (1992); and WHEREAS, the Boazd of Supervisors intends to adopt a policy that does not proselytize or advance any particular faith, or show any purposeful preference of one religious view to the exclusion of others; and WHEREAS, the Board of Supervisors recognizes its constitutional duty to interpret, construe, and amend its policies and ordinances to comply with constitutional requirements as they aze announced; and WHEREAS, the Boazd of Supervisors accepts as binding the applicability of general principles of law and all the rights and obligations afforded under the United States and Virginia statutes. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Pittsylvania County, Virginia, that it hereby adopts the following written policy regazding opening invocations before meetings of the Boazd of Supervisors to wit: I. In order to solemnize proceedings of the Board of Supervisors it is the policy of the Boazd of Supervisors to allow for an invocation or prayer to be offered before its meetings for the benefit of the Boazd of Supervisors. 2. The prayer shall not be listed or recognized as an agenda item for the meeting or as part of the public business. 3. No member or employee of Pittsylvania County or the Boazd of Supervisors or any other person in attendance at the meeting shall be required to participate in any prayer that is offered. 4. The prayer shall be voluntarily delivered by a single member of the Board of Supervisors, scheduled on a rotating basis among all Boazd of Supervisors members who voluntarily choose to participate in the rotational list. 5. The designated member of the Board of Supervisors shall deliver the prayer or invocation in his or her capacity as a private citizen, and according to the dictates of his or her own conscience. 6. No guidelines or limitations shall be issued regarding an invocation's content, except that the Boazd of Supervisors shall request by the language of this policy that no prayer should proselytize or advance any faith, or dispazage the religious faith or non-religious views of others. 7. No member of the Board of Supervisors shall receive supplemental compensation of any kind for providing the prayer or invocation. Page 2 of 3 P47 8. No member of the Board of Supervisors shall be scheduled to offer a prayer at consecutive meetings of the Board of Supervisors or at more than four (4) Board of Supervisors meetings in any calendar year. 9. No other member(s) of the Boazd of Supervisors shall engage in any prior inquiry, review of, or involvement in, the content of any prayer to be offered by the scheduled member of the Board of Supervisors. 10. Shortly before the opening gavel that officially begins the meeting and the agenda business of the public, the Chairperson of the Boazd of Supervisors shall introduce the invocational speaker, and invite only those who wish to do so to stand for those observances of and for the Board of Supervisors. 11. This policy in not intended, and shall not be implemented or construed in any way, to affiliate the Board of Supervisors with, nor express the Boazd of Supervisors' preference for, any faith or religious denomination. Rather, this policy is intended to acknowledge and express the Board of Supervisors' respect for the diversity of religious denominations and faiths represented and practiced among the citizens of Pittsylvania County, Virginia. NOW, THEREFORE, BE IT FURTHER RESOLVED that this policy shall become effective immediately upon adoption by the Board of Supervisors. THUS INTRODUCED at the regular meeting of the Board of Supervisors of Pittsylvania County, Virginia, on , 2011. For: _ Against: THUS ADOPTED at the regular meeting of the Board of Supervisors of Pittsylvania County, Virginia, on , 2011. CLERK Page 3 of 3 CHAIR P48 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 9-20-11 ITEM NUMBER: 9 Expenditure Refunds-Motion made by Mr. Snead, seconded 6y Mr. Davis and has now met the 10-day layover requirement. SUBJECT/PROPOSAL/REOUEST: Budget Amendment for expenditure refunds STAFF CONTACT(Sl: ACTION: Yes CONSENT AGENDA: INFORMATION: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: DISCUSSION: Attached is a list of expenditure refunds for the month of August, 2011 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: $268.74 to Sheriff-Copier Lease (100-4-031200- 6005), $4,369.15 to Sheriff-Parts (100-4-031200-6030), $3,673.80 to Sheriff-Labor (100-4-031200-6031), $242.56 to Jail-Professional Health Services (1 00-4-03 3 1 00-3 1 1 0), $1,037.19 to Extradition (100-4-033100- 5550), $10.44 to Jail-Medical Supplies (100-4-033100-6004), $35.00 to Animal Control-Donations (100-4- 035100-5883), $364.42 to Library-Books (100-4-073100-6012), $13,308.63 to WIA-Rent (251-4-353160- 5420). MOTION MADE BY MR. SNEAD, SECONDED BY MR. DAMS AND HAS NOW MET THE 10- DAY LAYOVER REQUIREMENT.. P49 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 9-06-11 Expenditure Refunds-Requires a motion and a 10-day ACTION: ',layover Yes SUBJECT/PROPOSAL/REOUEST: Budget Amendment for expenditure refunds STAFF CONTACT(S): CONSENT AGENDA: ACTION: ITEM NUMBER: 1] INFORMATION: 1NFORMATION• ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: DISCUSSION: Attached is a list of expenditure refunds for the month of August, 2011 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: $268.74 to Sheriff-Copier Lease (100-4-031200- 6005), $4,369.15 to Sheriff-Parts (100-4-031200-6030), $3,673.80 to Sheriff-Labor (100-4-031200-6031), $242.56 to Jail-Professional Health Services (100-4-033100-3] 10), $1,037.19 to Extradition (100-4-033100- 5550), $10.44 to Jail-Medical Supplies (100-4-033100-6004}, $35.00 to Animal Control-Donations (100-4- 035100-5883), $364.42 to Library-Books (100-4-073100-6012), $13,308.63 to WIA-Rent (251-4-353160- 5420). THIS 1TEM REQUIRES A MOT10N AND A 10-DAY LAYOVER. IP50 PITTSYLVANIA CO~TNTY VIRGINIA Finance Department P.O. Box 426 Cbatbam, Virginia 24531 MEMO T0: William D, Sleeper, County Administrator FROM: ICim Van Der Hyde Finance Director SUBJECT: Expenditure Refunds DATE: September 1, 2011 Pboae (4341432-7740 Fax (434)432-7746 Osetna/Hurtt4341656-6211 Bacbelora 13aA/Wbltmell (434( 797-9550 The list below shows all expenditure refunds that were sent to the Finance Department during August and September. I am recommending that all of the following expenditure refunds be reappropriated by the Board of Supervisors: 100-4-031200-6005 Sheriff-Copier Lease Lease Reimbursement 100-4-031200-6030 Sher[ff-Parts Restitution/Insurance Claim 100-4-031200-6031 Sheriff-Labor Itlsurance Claim 100-4-033100-3110 Jail-Professional Health Services Reimbursement 100-4-033100-5550 Elctradition ]00-4-033100.6(104 Jail-Medical SuppBes Reimbursement ]00-4-035100,5883 Animal Control-Donations Donations 100-4-073100-6012 Library-Books Reimbursement 268.74 4,369.15 3,673.80 242.56 1,037.19 10.44 35.00 364.42 P57 :VEW BUS [NESS P52 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Contract Amendment -Pittsylvania County Landfill SUBJECT/PROPOSAL/REOUEST: Contract Amendment Permit No. 571 STAFF CONTACT(S): William D. Sleeper BACKGROUND: 09-20-2011 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ~ REVIEWED BY: 10 INFORMATION: INFORMATION: In the original development of the operation plan for the Pittsylvania County Landfill under Permit No. 571, the County was required to draft and approve an Operations Manual as part of the application process and permit. As it is a requirement of the DEQ that the Operations Manual be revised and certified by responsible official by December 31 annually. It is necessary to have the engineering firm help revise the Operations Manual for Pittsylvania County that will have to be reviewed, approved and certified. In order to accomplish this task, it requires an Engineering Contract with Dewberry in the amount of $2,500. RECOMMENDATION: Staff recommends that the Boazd of Supervisors approve the amendment to the Pittsylvania County Engineering Services Agreement dated January 1999 in the amount of $2,500 for the Operations Manual revisions and certifications and authorize the County Administrator to sign all necessary documentation. P53 Dewberry September 9, 20] 1 Mr. Otis Hawker Assistant County Administrator Pittsylvania County P.O. Box 426 Chatham, VA 24531 Dewberry & Davis, Inc. 551 Piney Forest Road Danville, VA 24540-3353 434.797 4497 434.797.4341 fax www.dewberry.com RE: Annual Operations Manual Evaluation & Certification Pittsylvania County Landfill, Permit No. 571 Amendment to Engineering Services Agreement Dated January 1999 Dear Mr. Hawker: Dewberry & Davis, Inc. (Dewberry) is pleased to present our proposal to review, edit, and recertify the August 27, 2009 Operations Manual that was prepazed by Dewberry. As per 9VAC20-8]-485 of Amendment 7 of the solid waste regulations the Operations Manual is to be reevaluated annually and be kept as part of the operating record at the facility. The Manual is to be made available for review when the Department of Environmental Quality (DEQ) inspector visits the facility for the compliance review. UNDERSTANDING OF THE PROTECT As per the new regulations set out by DEQ, the Operations Manual has been removed from the Part B Application and Permit; it will be part of the operating record. Facilities are required to revise their operations manual as needed to reflect current operations. The Operating Manual is required to be reviewed, revised and certified (sealed) by a responsible official by December 31S` annually. SCOPE OF SERVICES Dewberry will review, revise, and seal the Operations Manual Plan for the Pittsylvania County Landfill. Sections that will be reviewed and amended as needed include: I. Waste cell design, construction, and current phase(s) 2. Inspection Plan 3. Health and Safety Plan 4. Emergency Contingency Plan 5. Landscaping Plan The updated Plan will be sealed by a professional engineer P54 Mr. Otis Hawker Page 2 September 9, 2011 FEE Dewberry will provide the services listed above for the following lump sum fee. Operations Manual Revision and Certification .......................................................$2,500 We appreciate your business and the opportunity to provide environmental services to Pittsy]vania County. If you should have any questions regarding any part of this proposal, please feel free to contact me. Sincerely, Dewben•y & Davis, Inc. ~Q'.~~ Troy A. Shelton Environmental Department Manager TAS/tas/vnl cc: Mr. LJ Burgess - Pittsylvania County Landfill R:~Proposal Letters~Environmenta1~2011-9-9 Pitfil Operation Manual.doc The foregoing proposal of Dewberry & Davis, Inc. is accepted: Print (Type) Individual, Firm, or Corporate Name Signature of Authorized Representative Dale Print (Type) Name of Authorized Representative and Title Dewberry P55 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Joint Use Agreement between Pittsylvania County Boazd of Supervisors and the Pittsylvania County Schools SUBJECT/PROPOSAL/REOUEST: Joint Use Agreement -Recreational Activities 09-20-2011 ACTION: Yes CONSENT AGENDA: ACTION: 11 INFORMATION: INFORMATION: STAFF CONTACT(S): ATTACHMENTS: ~ ~ ~ Yes William D. Sleeper REVIEWED BY: ,~ BACKGROUND: Pittsylvania County Board of Supervisors hired a new Director of Parks and Recreation and has been working with the Pittsylvania County School Board to establish a written agreement that would identify how the new Pittsylvania County Department of Parks and Recreation could utilize facilities of the Pittsylvania County Schools. DISCUSSION: Attached hereto, you will find copies of the Joint Use Agreement between the Pittsylvania County Board of Supervisors and the Pittsylvania County Schools that has been reviewed and modified over the past several months. RECOMMENDATION: Staff recommends the Board of Supervisors approve the Joint Use Agreement between the Pittsylvania County Boazd of Supervisors and the Pittsylvania County Schools placing a date on this agreement of September 20, 2011 and note that this agreement is for fiscal year 2011 and 2012 only. Without revisions, the agreement should be automatically renewed annually. The Board should authorize the Chairman to sign on the behalf of Pittsylvania County. P56 JOINT USE AGREEMENT between the BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA and the PITTSYLVANIA COUNTY SCHOOL BOARD AGREEMENT between the PITTSYLVANIA COUNTY SCHOOL BOARD (the "School Board") and the COUNTY OF PITTSYLVANIA, VIRGINIA (the "County") for use of school athletic facilities by and through the COUNTY DEPARTMENT OF PARKS AND RECREATION. WHEREAS, the Pittsylvania County Parks and Recreation Department (the "County P & R Department') has been created by the Board of Supervisors Pittsylvania County, Virginia, ("Board of Supervisors") to provide recreational opportunities to the public; and WHEREAS, the Pittsylvania County School Board cooperates in making schools and school facilities available for recreational purposes secondary to education as per School Board Policy KG- PC;and WHEREAS, it is in the public interest and economical advantage to obtain maximum benefits from investments of public expenditures; and WHEREAS, it is the intent of all parties to create opportunities to promote public health and wellness through recreational activities. NOW, THEREFORE, BE IT RESOLVED, that the Joint Use Agreement (this "Agreement') for the use of school facilities for community recreational purposes secondary to educational purposes, as published herein, shall be the policy of the Board of Supervisors and the Pittsylvania County School Board, but is not to supersede School Board Policy KG-PC. I. TERM, FEES, AND NONAPPROPRIATION: A. TERM: The initial term of this Agreement shall be for the 2011-1012 fiscal year only (the "Initial Term"). At the end of the Initial Term, this Agreement shall automatically renew year to year (each, a "Renewal Term"), subject to nonappropriation as provided in Section 1-E below, unless either party gives at least ninety (90) days' notice of nonrenewal. The Initial Term and all Renewal Terms, if any, shall be collectively referred to as the "Term". Pittsylvania County Joint Use Agreement Page 1 of 9 P57 B. RENTAL FEE: A flat rental fee of $40,000 (the "Rent") for the operation of the County P & R Department youth leagues for the 2011-12 fiscal year was voted on and passed at the April 12, 2011, Pittsylvania County School Board meeting. C. CUSTODIAL FEE: For custodial services performed by school custodians working any time after his/her regular working hours, the County P & R Department shall pay a custodial fee of $20.00 per hour to each such custodian, pursuant to School Board Policy KG-PC. The County P & R Department shall be responsible for all employment withholdings and reporting required by law pertaining to such payments to the custodians, and the County P & R Department shall issue all tax forms, including without limitation IRS Form 1099, pertaining to such payments. Notwithstanding the foregoing, such custodial staff shall at all times remain employees of the School Board. D. FUTURE RENTAL FEE: Future rental fees shall be set by the School Board based on the actual costs of facility operations and the negotiated value of services provided by the County P & R Department, and shall be subject to annual appropriation by the Board of Supervisors. Future rental fees shall be paid by the County P & R Department to the School Board no later than July 31 of each fiscal year. E. NONAPPROPRIATION: Notwithstanding any other provision in this Agreement to the contrary: 1. If prior to any fiscal year the Board of Supervisors fails to appropriate or allocate sufficient funds to pay the amounts pursuant to the provisions of this Agreement, which become due or payable during such fiscal year, then this Agreement shall automatically terminate before the start of the fiscal year for which such non-appropriation occurs; and 2. If prior to any fiscal year the School Board fails to appropriate or allocate sufficient funds to pay the amounts pursuant to the provisions of this Agreement, which become due or payable during such fiscal year, then this Agreement shall automatically terminate before the start of the fiscal year for which such non-appropriation occurs. II. GENERAL INFORMATION: A. In support of this Agreement, the School Board shall make available schools and related facilities for recreational programs administered by the County P & R Pittsylvania County Joint Use Agreement Page 2 of 9 P58 Department as per School Board Policy KG-PC. All parties in this Agreement shall recognize that the use of schools and related facilities for recreational purposes shall not infringe upon educational and school-related requirements and shall present a secondary priority to the facility use. B All parties to this Agreement understand that the Pittsylvania County School Board shall provide funding primarily for the development and operation of schools and related facilities needed for its instructional program and related school activities. Ali parties further agree, however, to the concept of mutual consultation in the planning and development of new facilities to address needs for, and provide the maximum reasonable and practical opportunities for, community use of each new facility's amenities. C. Any gate/admission fees charged for recreational football and basketball games will be collected by County P & R Department staff and will be deposited into the County P & R Department budget. D. In exchange for a waiving of rental fees for the use of baseball and softball facilities, ail gate/admission fees charged for recreation baseball and softball games will be collected by the respective high school athletics program and used to offset maintenance costs for field usage. E. By March 30`h of each fiscal year, the Board of Supervisors, the School Board, and the Parks and Recreation Director may meet, if required, to review this Agreement and to discuss issues relevant to all agencies. F. This Agreement may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved in the same manner as this Agreement. III. SCHEDULING OF SCHOOL FACILITIES: A. GENERAL: 1. The foremost priority for use of schools and related facilities and grounds is assigned to the Pittsylvania County Public Schools and programs sponsored by the school, departments or classes of the school as per School Board Policy KG- PC. Pittsylvania County Joint Use Agreement Page 3 of 9 P59 2. The second priority for the use of schools and County related facilities is assigned to the P & R Department. The County P & R Department shall be recognized as the scheduling authority for all non-school related recreational programs within the County. 3. When space is available at times that do not interfere with the priorities listed above, schools and related facilities may be scheduled by schools for use by other community organizations for non-recreational activities as per School Board Policy KG-PC. 4. When the County P & R Department sponsors an activity at a school site, it assumes the responsibility for planning, promoting, scheduling, coordinating, supervising, and executing the activity. 5. When schools are in session, schools and related facilities shall not be available for County P & R Department sponsored activities during normal instructional hours. When schools are in session, the normal daily operations for County P & R Department sponsored activities shall be on a daily basis from the conclusion of the school day or the conclusion of scheduled school-related activities that would impact County P & R Department use until 9:00 p.m. indoors and 10:00 p.m. outdoors. Any exceptions to these hours of operation shall require the prior approval of the Superintendent of Schools, or designee. B. SCHEDULING INSTRUCTIONS: The County P & R Department shall be exempt from filing the written application form as per School Board Policy KG-PC, but shall submit requests by email for use of school facilities to the principal no later than thirty (30) days prior to the activity. However, in extenuating circumstances, this requirement may be waived at the discretion of the Superintendent/designee. 1. The Principal, or designee, shall notify the Director of Parks and Recreation of any changes in school activities or school-related activities that conflict with scheduled County P & R Department sponsored activities. This notification should be given at the earliest possible date but not less than seven (7) days in advance, unless the activity is being rescheduled as the result of weather-related cancellation. Pittsylvania County Joint Use Agreement Page 4 of 9 P60 2. If a County P & R Department sponsored activity must be canceled and rescheduled for reasons of emergency, acts of God, early school closing, or other reasons, the Director of Parks and Recreation shall be contacted immediately. 3. If schools are closed due to inclement weather, all County P & R Department sponsored activities scheduled to be conducted at schools that same day shall be canceled. On inclement weather days when school is not in session, the County P & R Department shall evaluate conditions and decide, in consultation with the Superintendent of Schools, whether activities will be conducted as scheduled, unless the Director of Parks and Recreation is notified by the Superintendent of Schools, or designee, that school personnel will not be available at one or more specific sites. 4. The school principals, or designees, shalt be responsible for ensuring that the schools and school facilities being used for County P & R Department sponsored activities are unlocked at the beginning of the activities and locked at the completion of the activities, and that approved equipment is set up for use as per School Board Policy KG-PC. 5. County P & R Department sponsored activity participants will not be allowed in schools: a. For practices-unless a team coach is onsite; and b. For games -unless the County P & R Department assigned gym supervisor is onsite. IV. THIRD-PARTY LIABILIN PROTECTION: The County P & R Department represent that they maintain, and will continue to maintain throughout the period of this Agreement, liability insurance applicable to the substance of this contract in a minimum amount of one million dollars ($1,000,000) with the Pittsylvania County School Board listed as co-insured as per School Board Policy KG-PC. A certificate of insurance shall be on file in the School Board Office prior to use of school facilities. The County P & R Department shall promptly notify the School Superintendent of any event that may result in a claim by athird-party, and shall cooperate in a reasonable manner in investigating and defending against such claims. Nothing in this Agreement, or the applicable insurance, shall be construed as a waiver of sovereign immunity or of any defense, and nothing in this Agreement shall create any rights in any third-party or inure to the benefit of any third-party. Pittsylvania County Joint Use Agreement Page 5 of 9 P61 V. MAINTENANCE OF SCHOOL FACILITIES: A. The parties to this Agreement concur that high school athletic fields and grounds shall be maintained by the high school coaches, or designee. B. The parties further agree that while the mowing of middle and elementary school grounds is provided by the School Board, the lining, painting, and various field setups for outdoor fields for County P & R Department sponsored activities is completed by the local recreational booster club in that school district in coordination with the County P & R Department. VI. PERSONNEL SERVICES: A. DUTIES-OUTDOORS: 1. High Schools -Maintained by high school coach, or designee. 2. Middle and Elementary -School grounds are mowed by the School Board, field setup for County P & R Department sponsored activities are completed by the local recreational booster club. B. DUTIES-INDOORS: The following shall be normal services performed by the school custodian working during the County P & R Department sponsored activity: 1. Unlock/lock areas scheduled for use; 2. Issuing equipment is a seasonal need, most often limited to scoreboards controls, scorers table, chairs, etc.; and 3. Note any damage or dangerous practices observed while on duty and notify gym supervisor (if during a game) or school principal (if during practice). VII. SUPERVISION OF ACTIVITIES: A. Consistent with Section III-B-S of this Agreement, the County P & R Department shall be responsible for supervising scheduled use of indoor school facilities, whether by team coaches for practices or gym supervisors for games. Pittsylvania County Joint Use Agreement Page 6 of 9 Ps2 B. The custodian assigned to provide custodial support shall not be considered a supervisor. C. While supervising an activity in a school facility, the County P & R Department Gym Supervisor shall be responsible for making regular checks of the area in use, restricting user groups to authorized and scheduled areas, reporting irregularities, and addressing any safety concerns. This Supervisor shall cause the area to be inspected fifteen (15) minutes before and immediately following games. Some specific duties of the Supervisor include: 1. Put away equipment, pick up trash, general cleanup of areas used. 2. Cause users who are admitted to the facility to leave at the appropriate time. 3. Provide information, assistance, and direction to users. 4. Take appropriate steps, including summoning of police or emergency personnel if necessary, to control disruptive behavior, respond to other incidents or injuries, and/or safeguard the well-being of users and visitors. 5. Gather pertinent information and report incidents, damage and/or breakage of property and equipment, injuries, unsafe practices, or conditions, and security problems. 6. Monitoring bathrooms and hallways as applicable. D. During practices in school gymnasiums, only children on the team roster and children of the coach are permitted in the school. Parents cannot allow siblings of players to roam unsupervised in school facilities. VIII. GOVERNING LAW, VENUE, MEDIATION, LEGAL FEES/COSTS: A. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. B. VENUE: 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 Pittsylvania County, Virginia. Pittsylvania County Joint Use Agreement Page 7 of 9 P63 C. MEDIATION: 1. Good faith mediation shall be a condition precedent to the filing of any litigation in law or equity by either Party against the other Party relating to this Agreement. Before the remedies provided for in this Section may be exercised by either Party, such Party shall give written notice to the other Party that such Party believes that an event of default or impasse under this Agreement may have occurred, specifying the circumstances constituting the event of default or impasse in sufficient detail that the other Party will be fully advised of the nature of the event of default or impasse. The responding Party shall prepare and serve a written response thereto within ten (lO) business days of receipt of such notice. A meeting shall be held within ten (10) business days after the response between the Parties to attempt in good faith to negotiate a resolution of the dispute. 2. If the Parties are unable to resolve the dispute through the above- process, the Parties shall attempt to resolve the controversy by engaging a single mediator, experienced in the subject matter, to mediate the dispute. The mediator shall be mutually selected by the Parties, to the controversy and conduct mediation at a location to be agreed upon by the Parties or absent agreement, by the mediator. Within two (2) business days of selection, the mediator shall be furnished copies of the notice, this Agreement, response, and any other documents exchanged by the Parties. If the Parties and the mediator are unable to settle the same within thirty (30) days from selection, or such other time as the Parties agree, the mediator shall make a written recommendation as to the resolution of the dispute. Each Party, in its sole discretion, shall accept or reject such recommendation in writing within ten (lO) days. Should the Parties be unable to agree upon a single mediator within five (S) business days of the written response of the responding Party, the Parties jointly, shall agree upon the selection of a neutral third-party agreed upon by the Parties, to appoint a mediator, experienced and knowledgeable in the matters which are the subject of the dispute. The costs of the Mediator and the mediation shall be shared equally by the Parties to the dispute. 3. Notwithstanding the preceding paragraphs, the Parties reserve the right to file suit or pursue litigation. The Parties consent to selection of a mediator by any Court shall not constitute consent to jurisdiction of such court or waiver of defenses as to venue or jurisdiction. Pittsylvania County Joint Use Agreement Page 8 of 9 P64 D. LEGAL FEES/COSTS: At all times under this Agreement, each Party shall be responsible for its own legal fees and costs. IX. ENTIRE AGREEMENT: This Agreement and School Board Policy KG-PC constitutes the entire understanding between the parties with respect to the subject matter and supersedes any prior negotiations, representations, agreements, and understandings. Attachment: School Board Policy KG-PC -Community Use of School Facilities Joint Use Agreement Acknowledgment The attached Joint Use Agreement between the Board of Supervisors of Pittsylvania County, Virginia, and Pittsylvania County School Board is acknowledged this Day of 2011. Chairman, Board of Supervisors of Pittsylvania County, Virginia Date Chairman, Pittsylvania County School Board Date Director, Pittsylvania County Parks and Recreation Department Date Pittsylvania County Joint Use Agreement Page 9 of 9 P66 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Nursing Home Emergency Response Policy 09-20-2011 12 SUBJECT/PROPOSAL/REOUEST: ACTION: INFORMATION: Yes Response Policy CONSENT AGENDA: STAFF CONTACT(S): ACTION: INFORMATION: William D. Sleeper ATTACHMENTS: No REVIEWED BY: n BACKGROUND: At the Fire and Rescue Policy and Procedures Committee meeting, there was a lengthy discussion concerning services from nursing homes by Emergency Response Cazriers in Pittsylvania County. It is recommended by the Fire and Rescue Committee that a policy be established that was uniform throughout Pittsylvania County. Upon that discussion with the County's Emergency Service Sponsor, the Danville Regional Medical Center, all nursing home responses were setup to be responded to by Regional One. This has created a significant problem in the Staunton River facility in Hurt. Dr. Elliott is requesting that the Boazd of Supervisors reconsider the policy and recommend to the Emergency Service Sponsor that they change the Staunton River Nursing Home facility back to response by the Altavista Rescue Squad. DISCUSSION: Mr. Ecker requested that this be placed on the agenda so Dc Elliott could make his recommendation to the Boazd of Supervisors and that maybe a discussion concerning the policy as it may affect other nursing homes and other emergency response facilities in Pittsylvania County. RECOMMENDATION: Staff recommends the Board of Supervisors request the Director of Emergency Management to contact the County's Emergency Service Sponsor, the Danville Regional Medical Center, and propose changes that will be more advantageous to quicker response by the Altavista Rescue Squad for the Staunton River Medical Center or other squads the Board feels maybe able to respond faster in their azea. ass PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Request from Town of Chatham for Health Insurance 09-20-2011 Group Policy SUBJECT/PROPOSAL/REOUEST: ACTION: Yes Request for Participation STAFF CONTACT(S): William D. Sleeper BACKGROUND: 13 INFORMATION: CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ~ REVIEWED BY: INFORMATION: The Pittsylvania County Boazd of Supervisors and the Pittsylvania County School System operate a joint insurance group policy. The current participants in that policy aze Pittsylvania County, Pittsylvania County Schools, Pittsylvania County Service Authority, Pittsylvania County Department of Social Services and the Town of Gretna. The Town of Chatham is requesting to be a participant in this program and is submitting that to the Boazd of Supervisors. DISCUSSION: RECOMMENDATION: Staff recommends the Board of Supervisors direct that the Town of Chatham is to participate in the Pittsylvania County and Pittsylvania County Schools Insurance Program. They must meet certain criteria requiring payment into the plan as well as a restriction from removing their self from the plan without paying the required debts of a self insured program. The County Administrator will provide the requirements following a meeting with the Insurance Group Policy Subcommittee. P67 T'®WN ®~' CHA Mayor JOSEPH H. ROGERS Towu Manager EDMUND GILES Clerk-Treasurer 1. DAVm COTHRAN Director of Public Works ROBERT H. HANSON 16 Court Plan PO Box 370 Chatham VA 24531 434-032-8153-0ffice 434-032-08 t 7-Facsimile chathamva(rAcomcastvet www.chatham-va.eov Town Council JANET BISHOP WILLIAM BLACK ROY BYRD, IR. ALVIN R. CRIDER ROBERT B. THOMPSON ANDREW WALL Mr. William D. Sleeper County Administrator P.O. Box 426 Chatham, VA 24531 September 14, 201 I Re: Request to Possibly Join the Pittsylvania County Health Insurance Plan Deaz Mr. Sleeper; Recently our insurance carrier, Assurant Health in the Gateway Network, has advised the Town that the azea hospitals and doctors aze not in the network of participating physician and facilities that they serve. As you know this poses a huge problem for our employees as well as the Town being able to provide reliable health coverage for employees. Council has requested we look into the possibility that the Town be allowed to join the employee health plan the County, School Boazd, and Town of Gretna currently have together, Hopefully, should we decide to join forces with the County, we will be able to offer better health benefits to our employees at a lower cost to the Town as well as the employees and this may help benefit the County having a larger number of employees covered on one health care plan. Our final decision would be based on a cost evaluation of options and the County's willingness to accept our employees. As we need to resolve this issue prior to November 1, 2011, you and the Boazd of Supervisors positive and prompt consideration of this matter will be greatly appreciated. Should you have any questions please don't hesitate to contact me. I look forwazd to hearing from you. Sincerely, ~+ Joseph H. Ro ers g Mayor Cc: Members of Council H. Edmund Giles, Town Manager P66 RESOLUTION OF THE TOWN OF CHATHAM SEPTEMBER 12, 2011 Whereas, the Town of Chatham is seeking ways to improve the benefits for those persons employed by the Town; and Whereas, the Town of Chatham currently has a employee health plan that is expensive to both the Town and employees and said recent changes in facilities which honor the plan does not provide the best possible level of coverage; and Whereas, the County of Pittsylvania and the Pittsylvania County School Board, along with the Town of Gretna have joined forces and have an employee health plan that provides a higher level of service and coverage along with lower costs to both the employer and employee; Therefore Be It Resolved, that Town of Chatham requests that it be allowed the opportunity to explore the cost and benefits to the Town employees if the Town joins the insurance plan with the County of Pittsylvania. The Town Manager is to accomplish this as soon as possible and report back to Council in order that Council may continue to provide our employees with a health insurance at a reasonable cost. The Clerk of the Town is directed to furnish a copy hereof to the Administrator of Pittsylvania County and to the Board of Supervisors of Pittsylvania County forthwith. This resolution is effective upon its adoption this 12`" day of September 2011. The motion to adopt this resolution was made by Roy P. Byrd, seconded by Andrew D. Wall, and was passed by a vote of 6 yea to 0 nay. (Town Seal) rk of Council, Town of Chatham This is to certify that this is a true and accurate copy of a Resolution, adopted by the Town Council of the Town of Chatham on September 12, 2011. P69 RE?ORTS FROI'I BOAR l'IEI~fBER3 P 70 RESORTS ~'ROI~I LEGAL COUNSEL P '71 REPORTS FRQYI COUNTY AD VI3ei' 3TRATOR Pi 72 p '73