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11-15-2011 BOS Adjourned Meeting~c6~,~ ~~ ~a~.- ~~ ~®AIZD ~AC~c~T ~®AIZI~ ®F SLJI'EIZVISOIZ~ AI~J®UIZNEI~ 1VIEETING N®VEIVI~EIZ 15, 2011 1767 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS ADJOURNEll MEETING TUESDAY, NOVEMBER 15, 2011 7:00 P.M. GENERAL DISTRICT COURTROOM EDWIN R. SHIELDS COURTHOUSE ADDITION CHATHAM, VA 24531 AGENDA 1. Call to Order - 7:00 p.m. 2. Roll Call 3. Pledge of Allegiance 4. Items to be added to the Agenda (a) Stipend -One Time Bonuses-County Employees - Pages 7-8 (b) Set Public Hearing to Rescind 12-1 of the Pittsylvania County Code for Beer and Wine Sales on Sunday -Pages 9- l U (c) Closed Session: Consultation with Legal Counsel and E3riefings by Staff Members or Consultants pertaining to actual or probable litigation, where such consultations or briefings in open meeting would adversely affect the negotiating or litigation posture of the Public [3ody; and consultation with Legal Counsel employed or retained by a Public [3ody regarding specific legal matters requiring provision of legal advice by such Counsel. Authority: 2.2-3711(A)(7) of the Code of Virginia, 1950, as amended Subject Matter. Rules of Professional Conduct Purpose: Discussion with Legal Counsel on Rules of Professional Conduct -Pagel L 5. Approval of Agenda HEARING OF THE CITIZENS CONSENT AGENDA 6(a) Regional One -December-Page ld (b) Department of Motor Vehicles (DMV) Occupant Protection Grant - Puge.c I S-l9 (c) Governor's Opportunity Fund (GOF) -Performance Agreement - Asxor NA, LLC - Pcrges 20-29 PUBLIC HEARINGS REZONING CASES Case 1: Withdrawn; R-11-039 Case 2: Lester A. Strode -Westover District; R-I1-040 (R-l, Residential Subzn•ban Szehdiviston District to B-2, Business Distract, Genercd Case 3: Charles F. Edwards & Nancy M. Edwards -Chatham-Blairs District; R-11-041 (R-1, Residential Suhurban Sr<bdivision Dish•tct to 6-1, Business Dish•ict, Limited Case 4: Nannie Bett Berger -Banister District; R-I]-042 (R-1, Residential Suburban Subdivision District to A-!, Agriculhrral Dish•ict) 7. Proposed Amendment to Chapter 5; Cemeteries of the Pittsylvania County Code -Proposed Cemetery for the New Chapel Church, Gretna, Virginia -Pages 31-d0 8. Proposed Amendment to Chapter 35, Zoning-Section 35-720 Condominium Conversion, of the Pittsylvania County Code - Pages dl-d5 9. Proposed Amendment to Chapter 31; Section 31-2(a), of the Pittsylvania County Code- Proposal to add North Halifax Eire Department as a recognized emergency response unit for Pittsylvania County - Pages d6-S/l NEW BUSINESS 10. Recommendations from the "telecommunications Committee -Committee will meet at SPm on Tuesday, November I5, 201 / (a) Closed Session: Discussion or consideration of a public contract involving the expenditure of public funds, including interviews of bidders or offerors, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body. Authority: 2.2-3711(A)(29) of the Code of Virginia, 1950, as amended Subject Matter: E91 1 Upgrades Project Purpose: Negotiations of contract Pnge -52 11. Metropolitan Planning Organization(MPO)-AppropriationoPAdditionalEunds-Requires a Motion and a 10-Day Layover-Page .i3 12. Chatham Southern Railway Depot Phase [V; 13id Award Prrge Sd 13. Engineering Services Contract-Ringgold East Industrial Park-Pages 5~-61 14. Resolution Supporting Amendments to the City of Danville's portion of the joint City-County Enterprise Zone -Pages 62-63 15. Resolution Supporting the Upper Banister River "total Maximum Daily Loads ("fMDL) Plan - Pcges 64-6.i AI'1'OINTMENTS 16. Pittsylvania County Industrial Development Authority Appointment -Page 67 l7. Pittsylvania County Planning Commission -Banister District - Re-appointment of Dr. Charles I-[. Miller-Pcrges h~'-69 CLOSEll SESSION 130ARD ANNOUNCEMENTS REPORTS FROM LEGAL COUNSEL RF,PORTS FROM COUNTY ADM[NIS'I'RATOR-Pnge,c ADJOURNMENT TO BE ADDED P6 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: One Time Bonuses -County Employees SUBJECT/PROPOSAL/REOUEST: 11-i 5-2011 ACTION: Yes I One Time Bonus STAFF CONTACT(S): 4(a) INFORMATION: p CONSENT AGENDA: ACTION: ~ INFORMATION: j William D. Sleeper ATTACHMENTS: Yes REVIEWED BY: [~ r BACKGROUND: The Pittsylvania County School Board and the City of Danville discussed -ast week the approval of one-time bonuses for employees of Pittsylvania County Schools, and of the City Danville and City of Danville Schools. DISCUSSION: In addition to the Pittsylvania County Schools, City of Danville and Danville City Schools, Henry County, Halifax County, Franklin County, and Campbell County have all provided one-time bonuses or a small percentage increase for their employees from 2011, or 2010 and 2011. It is recommended Pittsylvania County provide a $500 stipend for all fulltime employees and $250 stipend to all permanent part-time employees. This does not include alternate compactor operators orpart-time employees for recreation, or part-time employees hired by the electoral board for special election. The total would be $156,899.92. RECOMMENDATION: Staff recommends the Board of Supervisors pass two (2) motions. 1-Authorize the County Administrator to pay the $500 stipend to all fulltime employees and $250 stipend to all permanent part-time employees and non-permanent part-time employees identified for the November 30~' payroll. 2-Appropriate $ ] 56,899.92 from the Sale of Surplus Properties and Keal Estate to the 2011 /2012 annual budget. This would require a 10-day layover since these are local funds appropriated to the annual budget. P7 278 FULL TIME EMPLOYEES "out of the 278 full time employees 10 were hired after July 1, 2011 5 -Sheriff 2 -Landfill 1 -Building Inspector 2 - E911 Dispatchers -2 Soil & Water Conservation District employees- -6 WIA employees- 84 PART TIME EMPLOYEES "out of the 84 part time employees only 11 accrue vacation/sick time (1 was hired after July 1, 2011) 19 compactor site operators - $5,113.38 54 don't accrue time and/or temporary employees 8 charged to the Electoral Board -all hired after July 1, 2011 1 Registrar-$269.13 1 Clerk of Courts - $269.13 1 Sheriff - $269.13 1 Fire Marshal - $269.13 1 Jail - $269.13 1 Jail Physician - $269.13 1 Building inspector - $269.13 2 Truck Drivers - $538.25 16 Alternate Compactor Site Operators 16 Recreation - afl hired after July 1, 2011 5 Library - $1,345.63 7 Board of Supervisors 3 Electoral Board 7 Planting Commission 379 Total Employees for Pittsylvania County Total Fuli Time Employees 270 (WIA & Soil 8 Water x 500 Stipend Amount Removed-they received 135,000.00 Total Gross raises in FY2012) 10,327.50 FICA 145,327.50 TOTAL FT COST Total Permanent Part Time Employees 11 x 250 Stipend Amount 2,750.00 Total Gross 210.38 FICA 2,960.36 TOTAL PT COST 148,287.88 TOTAL FULL TIME AND PART TIME Total NON-Permanent Part Time Employees With FICA 8,881.17 removed from Part-time (269.13) He would receive aFull-Time Stipend 8,612.04 TOTAL NON-PERMANENT COST 156,899.92 GRAND TOTAL-ALL CATEGORIES P8 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENllA DATE: ITEM NUMBER: Set Public Hearing to Rescind Section 12-1 of the Pittsylvania County Code 11-15-201 l 4(b) SUBJECT/PROPOSAL/REOUEST: Rescind Section 12-I of the Pittsylvania County Code STAFF CONTACT(Sl: William D. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY: INFORMATION: INFORMATION: fl BACKGROUND: The Citizens of Pittsylvania County have voted on a referendum, which passed on Tuesday, November 8, 2011, to removed the restriction on the Sunday sale of beer and wine in Pittsylvania County. DISCUSSION: Attached hereto, is a proposed public hearing notice to rescind Section 12-1 of the Pittsylvania County Code, restricting the sale of beer and wine on Sundays within the tontines of Pittsylvania County, excluding the incorporated Towns and the Callands-Gretna District. RECOMMENDATION: Staff recommends the Board of Supervisors set a public hearing for December 5, 2011 to rescind Section 12-1 of the Pittsylvania County Code, restricting the sale of beer and wine on Sundays within the confines of Pittsylvania County, excluding the incorporated Towns and the Callands-Gretna District. P9 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a public hearing at 7:00 p.m. on Monday, December 5, 2011 in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia to rescind Section 12-1 of the Pittsylvania County Code, restricting the sale of beer and wine on Sundays within the confines of Pittsylvania County, excluding the incorporated Towns and the Callands-Gretna District. A full text of the proposed amended changes aze available in the Office of the County Administrator, 21 North Main Street, Chatham, Virginia, Monday through Friday between the hours of 8:00 a. m. and 5:00 p. m. as well as on the County's website at www.pittgov.org P10 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Closed Session 11-15-2011 4 (c) SUBJECT/PROPOSAL/REQUEST: ACTION: INFORMATION: Discussion with Legal Counsel CONSENT AGENllA: Authority: 2.2-3711(A)(7), Code of Virginia, 1950, as ACTION: INFORMATION: amended Yes STAFF CONTACT(S): I~ ATTACHMENTS: William D. Sleeper No ~ REVIEWED BY: BACKGROUND: Pittsylvania County Board of Supervisors authorize to go into Closed Session in accordance with Section 2.2- 3711(A)(7) ofthe Code of Virginia, 1950, as amended, for discussion with legal counsel and to receive briefings by legal counse- or staff pertaining to actual or probable litigation. Closed Meeting: Authority: 2.2-3711(A)(7) of the Code of Virginia, 1950, as amended Subject Matter: Potential Rules of Professional Conduct Violation Purpose: Discussion with Legal Counsel Regarding Legal Matter DISCUSSION: RECOMMENDATION: P11 HEA~I~TG OF ciTlzEVs P12 COPISENT AGENDA P13 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 11-15-11 ITEM NUMBER: 6(a) Consent Agenda: Regional One-December SUBJECT/PROPOSAL/REQUEST: Approval of Contract Payment to Regional One for December 2011 STAFF CONTACT(S): ACTION: CONSENT AGENDA: ACTION: Yes INFORMATION: INFORMATION: ATTACHMENTS: No REVIEWED BY: BACKGROUND: At an adjourned meeting, December 22, 2008, the Board of Supervisors approved to begin paying Regional One for back-up ambulance service to the County. At that time, the Board requested that payment to Regional One be approved on a monthly basis. A total of $70,000 has been appropriated for Regional One in the 2012 Budget, which will cover Regional One's monthly cost for the entire budget year. It is time to approve payment for Regional One for the month of December. The amount due to Regional One is $5,833.33 per month. This amount has already been appropriated in the FY2012 budget, RECOMMENDATION: Staff recommends that the Board of Supervisors approve $5,833.33 for payment to Regional One for December 2011. P14 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: I1-15-]1 ITEM NUMBER: 6(b) Consent Agenda: Department of Motor Vehicles (DMV) Occupant Protection Grant ACTION: SUBJECT/PROPOSAL/REQUEST: Appropriation of DMV Occupant Protection Grant Funds STAFF CONTACT(S): CONSENT AGENDA: INFORMATION: ACTION: INFORMATION: Yes ATTACHMENTS: l Yes REVIEWED BY: BACKGROUNll: Pittsylvania County recently received notification of a multi jurisdictional grant awarded by the DMV to the City of Martinsville, Chatham Police Department, Danville Police Department, Gretna Police Department, Henry County and Pittsylvania County. DISCUSSION: Pittsylvania County's share of the DMV Occupant Protection Grant is $6,000. This money is to be used for overtime incurred for highway safety. This grant does not require a local match. RECOMMENDATION: Staff recommends that the Board amend and appropriate $6,000 to the DMV Occupant Protection Grant (250-4-031715). P15 Linda Mills From: Linda Mills Sent: Wednesday, October 26, 2011 11:24 AM To: Mike Taylor; Tim Hammel!; Scott Campbell Cc: Kathy Yearis Subject: 2012 DMV Occupant Protection Grant Attachments: 2012 Award Letter.pdf Gentlemen: Attached is the award document I received today from Martinsville Police Department for the FY 2012 DMV Occuoant Protection Grant. Our share of the grant is $6,000 -Overtime. The grant award number is K2-2012-51432-489520.802. Give me a cal if you have any questions. Linda Mills i TeL (J3~) X32-7716 Grants Atlmioictrahtr Fas.13~-t32-771(, Finance Linda.Mills'daritteoc.ore ~r~«.nitteo~.ore 21 North Main Street PITTSYLVANIA COU1~iTY P.O. Bos ~2fi o : ' ~ Chatham, VA ~• ~+~ : ~ VIRt~IPiIA 21531 Any small a other eorreapondsnos asnt fo s member o/ tM 9oaM of Supervbors, or eny otMr publk olllclel snd/or employes al PHtsyNanle Cowdy Vlrylnla (d» -000My7, In tM tnnsecdon of publk bualneaa, b eonsidsrsd s publle neon!, end such neonia an aub/ect k dre Vlipinle Fnsdom o/Inlormadan Act ('VA FOIA7. TNs means that Vfrylnle law penerely nqufres tM County fo provfds dcropy o/ eny auoh small, upon request for frapechon end oopylnp to any cklzsn o/ tM Commonwealth, or to any meml»r of fM newa media, unless l~wlully sxempNd !rom produodon/dlsclosuro under VA FOIA. I/you hew rocslwd thfs sma(1 a any atteohmenfa !n error, plseas notly the sender Immedl~Nly et (~3~J X32.7700, and by reply emalt end deNte this smafl end any attachmeMS ro k hom your ln- box, sent Rsma. and dsbfsd 8sms. Thank you. P16 Michael E. Rogers Chief of Police Martinsville G. Robert Ramsey .4 CITY WITHOUT LIMITS Assistant Chief of Police POLICE DEPARTMENT DATE: October 25, 2011 T0: Sgt. Randy Lawson, Chatham Police Department Major Chris Wiles, Danville Police Department Chief David Wilkes, Gretna Police Department 1. Richard Stanfield, CPA, Henry County Linda Mills, Grants Administrator, Pittsylvania County FROM: Janet Hiatt, Administrative Assistant SUBJECT: DMV $28,000Occupant Protection Grant Timothy C. Porter, Captain Uniform Patrol Guy E. Cassady, Captain Criminal Investigations ~- 4 ~~ ACT 2011 Pats Gran' jaunty Chat ~d~a. Enclosed is a copy of the award document for grant tiK2-2012-51432-4595-20.602 for your records. Reports will be submitted to DMV on a quarterly basis. If you have any questions, please feel free to give me a call at 276-40~~3--p53~1-0, or email ihiattCdci.martinsville.va.us. rU.r~i et Hiatt dministrative Assistant FP j \ N S V~~`~. n~~ ~f`~~ 55 West Church Street, P.O. Boh 1101 ;Martinsville. Virginia 24114 PHOrre:276-403-5300 Fnx:276-403-5306 vn , I j/~.com «MI~~•'rrm•nY ~'=MWOr W1i,Ws piclimoM, VIrpIM• 23269-0001 Purpose: Virginia's Highway Safety Program Subgrentees use this form to certify and assure that they will fully comply with all terms of the Highway Safety Grant Agreement. Instructions: Subgrentees must read the contract, complete all applicable information on the first page, initial the subsequent pages, and return all pages to the Department of Motor Vehicles. This Highway Safety Grant Agreement is entered into between the Virginia Department of Motor Vehicles (hereinafter "DepartmenC), 2300 West Broad Street, Richmond, Virginia 23220, and the following: Subgrentee: Martipaville City . Project Title: SeleMive Eaforcemeat Project Number/CFDA Number. ~-ZO1Z-51432-4695-20.602 Grant Award Amount S28,000.00 Source of funds obligated to this U.S. Department of Transportation National Highway Traffic Safety award: Administration Period of Performance for this project From October 1, 2011, or the date the Highway Safety Grant Agreement is (hereinafter "Grant Period'): signed by the Director, Vrginia Highway Safely Office (whichever is later) through September 30, 2012. Allow 21 days for the Department to complete its review and signature. FINAL VOUCHER IS DUE ON OR BEFORE NOVEMBER 6, 2012. In performing its responsibilities under this Highway Safety Grant Agreement, the Subgrantee certifies and assures that it will fully comply with the following: . Applicable Department regulations and policies and state and federal laws, regulations, and policies • Statement of Work and Special Condtions and an Approved Budget, included with this Highway Safety Grant Agreement • General Terns and Conditions, also included with this Highway Safety Grant Agreement Subgrentee's signature below indicates that the Subgrentee has read, understands and agrees to fully compy with ail terms and conditions of this Highway Safety Grant Agreement without aReretion. This Highway Safety Grant Agreement (hereinafter'Grent AgreemenP), consisting of this certification; the attached Statement of Work and Special Conditions; the attached General Tenns and Conditions; the attached Project Budget; the Subgrentee's proposal; and the letter awarding=he grant to the Subgrentee constitutes the entire agreement between the Department and the Subgrentee, supersedes any prior oral or written agreement between the parties and may not be modified except by written agreement as provided herein. Where any conflict arises between terms, the following is the order of governance of one term over another. (1) applicable. Department regulations and.policies, except where super;acted by federal laws, regulations, or policies (2) applicable state laws, regulations, and policies, except where superseded by federal laws, regulations, or policies; (3) applicable federal laws, regulations, and policies; (4) Statement of Work and Special Conditions; (5) General Terns and Conditions; (6) Project Budget; (~ Subgrentee's proposal; and (8) grant award letter. .. .`... S16i4h,4~'UR~$..f~F 11V'r'J.~/[\ll~Ga/:/1~'. V~Y~.lI~TFr~ '.' '. F S:.. A . ;4id. For Su ra For Viralnia Department of Motor Vehicles: ichael E. Rogers, Police Chief Name and b of P act Director (print) /~~ Sig ature Date / Clarence C. Monday. City Manaaerl. r ate SEP 1 92011 Su tee's DUNS N mbar 065415614 oai Si a ure Date GRANTS MGT, P18 b o ~ m ~ ~~ ~ ~ o a tin y N y'i r N n ~ w N N ~ A A ~ N ,yyy ~ p o a ~ R ~'+~ ~ N ~ ~C to n 1~ ~ ~ ~ ~~ I 1~ Y l ~ ~ + o $ N ~ 'po r O ~ NSq~ ~~ O `~ Isle $ N ~ ~~ Wp Io0 ~~ O 1 O O ~ ~,, ~~ m~ ~, ~~ ~. ~~ ~~ po _~ O ~ w C i A r A .~. K»i 1 O R ~1~ a d~ ~~ g, ;a 9 ~ K N i ¢' ` ~ 7~~ O m 1 r ti' ~ ~ n p o 4 9 p p O p m ~ C ~_.., ._ ._._ pt9 P[TTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Govemor's Opportunity Fund Performance agreement 11-15-2011 6(c) I SUBJECT/PROPOSAL/REQUEST: ACTION: INFORMATION: Yes Performance Agreement CONSENT AGENDA: STAFF CONTACT(S): ACTION: INFORMATION: William D. Sleeper ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Pittsylvania County Board of Supervisors applies for Governor's Opportunity Funds (GOF) to help locate industries throughout Pittsylvania County. The County recently applied for GOF for Axxor NA, LLC. DISCUSSION: Attached hereto, is a required Performance Agreement between the Pittsylvania County Board of Supervisors and Axxor NA, LLC. This agreement authorizes the industry to do certain development requirements on the industrial park at Ringgold East for the utilization of the GOF that come through the Board of Supervisors. RECOMMENDATION: Staff recommends the Board of Supervisors approve this Perfonnance Agreement and authorize the County Administrator to sign all documentation. P20 PITTSYLVANIA COUNTY VIRGINIA J. Vaden Hunt County Attorney P.O. Box 426 Chatham, Virginia 24531 Phone: 434-432-7918 Fax: 434-432-1709 Vaden.Hunt@pittgov.org November 9, 2011 VIA U.S. MAIL Robert Boerrigter, President Axxor, N.A., LLC 7600 Cambridge Drive Crestwood, Kentucky 40014 Re: Governor's Development Opportunity Fund Axxor Performance Agreement Dear Mr. Boerrigter: Attached hereto please find the Governor's Development Opportunity Fund ("GOF") Axxor Performance Agreement (the "Agreement"). This Agreement has been drafted by the Virginia Economic Development Partnership Authority and approved as to form by the Office of the Attorney General of the Commonwealth of Virginia. Execution of this document by Axxor, NA, LLC. is required before Pittsylvania County, Virginia, can receive or expend the expected fifty thousand dollar ($50,000.00) GOF grant. Accordingly, please review and, if acceptable, execute the Agreement and return to me in the epclosed self-addressed, stamped envelope. Please call me if you have any questions about anything contained herein. Sincerely yours, J. Vaden Hunt Pittsylvania County Attorney Pt Encl. (] ) Cc: William D. Sleeper (County Administrator); (via email); (w/encl.) Gregory L. Sides (Assistant County Administrator); (via email); (w/encl.) Kim Van Der Hyde (Director of Finance); (via email); (w/ encl.) P21 GOVERNOR'S DEVELOPMF,NT OPPORTUNI'CY FUND AXXOR PERFORMANCE AGREEMENT This PERFORMANCE AGREEMENT made and entered this _ day of November, 2011 by and between the COUNTY OF PITTSYLVANIA, VIRGINIA (the "Locality"), a political subdivision of the Commonwealth of Virginia (the "Commonwealth"), and AXXOR N.A., LLC (the `'Company"), a Kentucky limited liability company authorized to transact business in the Commonwealth. Wl'fNESSETH: WHEREAS, the Locality has been awarded a grant of and expects to receive $50,000 from the Governor's Development Opportunity Fund (a "GOF Grant") through the Virginia Economic Development Partnership Authority ("VEDP") for the purpose of inducing the Company to purchase and improve a manufacturing facility in the Locality located at 2275 Cane Creek Parkway, Ringgold, Virginia 24586 (the "Facility"), thereby making a significant Capital Investment, as hereinafter defined, and creating a significant number of New Jobs, as hereinafter defined; WFIEREAS, the Locality is willing to administer the funds for the benefit of the Company and all grant funds shall be applied toward real property improvements to the Facility. provided that the Company meets certain criteria relating to Capital Investment and New Jobs; WHEREAS, the Locality and the Company desire to set forth their understanding and agreement as to the payout of the GOF Grant, the use of the GOF Grant proceeds, the obligations of the Company regarding Capital Investment and New Job creation, and the repayment by the Company of all or part of the GOF Grant under certain circumstances; WHEREAS, the purchase and operation of the facility will entail a capital expenditure by the Company of approximately $4,960,000, all of which will be invested in machinery and eyuipment. this capital expenditure is exclusive of the cost of the land and existing real property improvements and approximately $2,000,000 is to be invested in the up-fit of the Facility by the Industrial Development Authority of Pittsylvania County, Virginia (the "Authority"); WHEREAS, the purchase and operation of the Facility will further entail the creation of thirty-one (31) NewJobs at the Facility; and WHEREAS; the stimulation of the additional tax revenue and economic activity to be generated by the Capital Investment and New Jobs constitutes a valid public purpose for the expenditure of public funds and is the animating purpose. for the GOF Grant: NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises and undertakings of the parties to this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as follows. AXXOR GOP Perlbrmance Agrcemenl DRAFT 11071 I P22 Section 1. Definitions. For the purposes of this Agreement, the following terms shall have the following definitions: "Capital Investment" means a capital expenditure by the Company in taxable real property, taxable tangible personal property, or both, at the Facility excluding the purchase of land or existing real property improvements. The total capital expenditure of $4,960,000 is referred to in this Agreement as the "Capital Investment." "Initial Performance Date" means December 3l, 2014. If the Locality, in consultation VEDP, deems that good faith and reasonable efforts have been made and are being made by the Company to achieve the "targets, the Locality may agree to extend the Initial Performance Date by up to fifteen (15) months. If the Initial Performance Date is extended, the Locality shall send written notice of the extension to the Company and VEDP and the date to which the Initial Performance Date has been extended shall be the "Initial Performance Date" for the purposes of this Agreement. "Subsequent Performance Date" means December 3l, 2016, unless the initial Performance Date has been extended. If the Initial Performance Date has been extended, the Subsequent Performance shall be two (2) year(s) after the new Initial Performance Date. Except as so noted, the Subsequent Performance Date is not subject to extension. "Maintain" means that the New Jobs created pursuant to the GOF Grant will continue without interruption From the date of creation through the Subsequent Performance Date. Positions for the New Jobs will he treated as Maintained during periods in which such positions are not filled due to temporary reductions in the Company's employment levels in connection with recruitment for open positions or strikes and other work stoppages. "New Job" means new permanent full-time employment of an indefinite duration at the Facility for which the standard fringe benefits are paid by the Company for the employee, and for which the Company pays an average annual wage of at least $33,990. Each New Job must require a minimum of either (i) thirty-five (35) hours of an employee's time per week for the entire normal year of the Company's operations, which "normal year" must consist of at least forty-eight (48) weeks, or (ii) 1,680 hours per yeaz. Seasonal or temporary positions, positions created when a job function is shifted from an existing location in the Commonwealth, and positions with construction contractors, vendors, suppliers and similaz multiplier or spin-off jobs shall not qualify as New Jobs. "Targets" means (A) as of the Initial Performance Date, the Company's obligations to make or cause to be made Capital Investments at the Facility of at least $4,960,000 and to create and Maintain at least thirty-one (31) New Jobs at the Facility and (B) as of the Subsequent Performance Date, the Company's obligation to Maintain at least thirty-one (3 ])New Jobs at the Facility. AXXOR GOF' Performance Agreement DRAFT I IO7I1 2 P23 "Virginia Code' means the Code of Virginia of 1950, as amended. Section 2. Tareets. As of the Initial Performance Date, the Company will develop and operate the Facility in the Locality, make a Capital Investment of at least $4,960,000, and create and Maintain at least thirty-one (31) New Jobs at the Facility. As of the Subsequent Performance Date, the Company will Maintain at least thirty-one (31) New Jobs at the Facility. The average annual wage of the New Jobs of at least $33,990 is more than the prevailing average annual wage in the Locality of $29,237. The Locality is ahigh-unemployment locality, with an unemployment rate for 2010 of 10.4% as compared to the 2010 statewide unemployment rate of 6.7%. The Locality is ahigh-poverty locality, with a poverty rate for 2010, which is the last year for which such data is available, of 15.6% as compared to the 2010 statewide poverty rate of 10.7%. Section 3. Disbursement of GOF Grant. The GOF Grant in the amount of $50,000 will be paid to the Locality, upon its request. Within thirty (30) days of its receipt of the GOF Grant proceeds, the Locality will disburse the GOF Grant proceeds for real property improvements to the Facility on behalf of the Company, as an inducement to the Company to achieve the Targets at the Facility. "The Locality will use the GOF Grant proceeds to assist the Authority with the build out of the Facility, as permitted by Section 2.2-115(D) of the Virginia Code. The Authority will expend the GOF Grant proceeds on improvements to the Facility by no later than November 1, 2012. By no later than December 31, 2011, the Locality will request the disbursement to it of the GOF Grant. If not so requested by the Locality by December 31, 2011, this Agreement will terminate. The Locality and the Company will be entitled to reapply for a GOF Grant thereafrer, based upon the terms, conditions and availability of funds at that time. Section 4. Break-Even Point: State and Local Incentives. VEDP has estimated that the Commonwealth will reach its "break-even poinP' by the Subsequent Performance Date. The break-even point compares new revenues realized as a result of the Capital Investment and New Jobs at the Facility with the Commonwealth's expenditures on incentives, including but not limited to the GOF Grant. With regard to the Facility, the Commonwealth expects to provide incentives in the following amounts: Ca[egorv of Incentive: GOF Grant Virginia Jobs Investment Program ("VJIP") (Estimated) Tobacco Region Opportunity Fund Grant ("TROF") AXXOR GOF Performance Agreement DRAPI' 110711 1'otat Amount $ 50,000 21,700 100,000 P24 The Locality expects to provide the following incentives, as matching grants or otherwise, for the Facility: Cateeorv of Incentive: Total Amount Enterprise Zone Job Creation Grant (31 jobs @ $250) $ 7,750 Machinery and Tool Tax Grant - 50 % in 2 phases 10,124 Connection Fee Reimbursement 5,000 Permit Fee Waiver 2,000 Discount of Site Land and Shell (sold below assessed price value) 117,860 If, by the Subsequent Performance Date, the funds disbursed or committed to be disbursed by the Locality to the Company total less than the $50,000 GOF Grant local match requirement, the Locality, subject to appropriation, will make an additional grant to the Company of the difference at the Subsequent Performance Date, so long as the Company has met its Tazgets. The proceeds of the GOF Grant shall be used for the purposes described in Section 3. The VJIP grant proceeds shall be used by the Company to pay or reimburse itself for recruitment and training costs. The proceeds of the TROF Grant shall be used for the development of the pazking azea, grading and clearing, and utility extensions outside of the existing building. The proceeds of the Locality's Enterprise Zone benefits and Machinery and Tools Tax Grant may be used by the Company for any lawful purpose. Section 5. Renavment Oblieation. (a) If Statutory Minimum Requirements are Not Met.• Section 2.2-115 of the Virginia Code requires that the Company make a Capital Investment of at least $1,500,000 in the Facility and create and Maintain at least fifteen (IS) New Jobs at the Facility in order to be eligible for the GOF Grant. Failure by the Company to meet either of these eligibility requirements by the Initial Performance Date shall constitute a breach of this Agreement and the entire GOF Grant must be repaid by the Company to the Locality. (b) If Statutory Minimum Requirements are Met as of the Initial Performance Date: For purposes of repayment, the GOF Grant is to be allocated as $25,000 (50%) for the Company's Capital Investment Tazget and $25,000 (50%) for its New Jobs Target. If the Company has met at least ninety percent (90%) of both of the Targets at the Initial Performance Date, then and thereafter the Company is no longer obligated to repay any portion the GOF Grant, except as noted in subsection (c). [f the Company has not met at least ninety percent (90%) of either or both of its Targets, the Company shall repay to the Locality that part of the GOF Grant that is proportional to the Target or "targets for which there is a shortfall. For example, if at the Initial Performance Date, the Capital Investment is only $2,480,000 and only twenty (20) New Jobs have been created and Maintained, the Company shall repay to the Locality fifty percent (50%) of the moneys allocated to the Capital Investment Tazget ($]2,500) and thirty-five percent (35%) of the moneys allocated to the New Jobs Target ($8,750). AXXOR GOF Perfortn°nce Agreement DRAFT 11071 I P25 (c) Further Perja~mance Target firr the Maintenance of the New Jobs: If the Company had no repayment obligation under subsection (a) above or render subsection (b) above as to the New Jobs "target, the Company may still have a repayment obligation if it has not Maintained the New Jobs from the Initial Performance Date through the Subsequent Performance Date. [f the Company has not Maintained at least twenty-eight (28) New Jobs (ninety percent (90%) of thirty-one (31) New Jobs) through the Subsequent Performance Date, [he Company shall repay to the Locality [hat part of GOF Grant that is proportional to the shortfall from the thirty-one (31) New Jobs. For example, if at the Subsequent Performance Date, only twenty-five (25) New Jobs have been Maintained, the Company shall repay to the Locality twenty percent (20%) of the moneys allocated to New Jobs ($5,000). (d) Determination of/nability to C'umpiy: If the Locality or VEDP shall determine at any time prior to the Subsequent Performance Date (a "Determination Date") that the Company is unable or unwilling to meet and Maintain its "targets by and through the Subseyuent Performance Date, and if the Locality or VEDP shall have promptly notified the Company of such determination, the Company must repay the entire GOF Grant to the Locality. Such a determination will be based on such circumstances as a filing by or on behalf of the Company under Chapter 7 of the U.S. Bankruptcy Code, the liquidation of the Company, an abandonment of [he Facility by the Company or other similar significant event that demonstrates that the Company will be unable or is unwilling to satisfy the Targets for the GOF Grant. (e) Repayment Dates: Such repayment steal! be due from the Company to the Locality within thirty (.TO) days ojthe /nitia/ Perjormance Dnte, the Subsequent Perjormnnce Date or the Determination Date, as applicable. Any moneys repaid by the Company to the Locality hereunder shall be repaid by the Locality promptly to VEDP fir redeposit into the Governor's Development Opportunity Fund. The Locality shall use its best effort to recover such funds, including legal action for breach of this Agreement "1'he Locality shall not have any responsibility for the repayment of any sums hereunder, unless said sums have been received by the Locality from the Company. Section 6. Comoany Renortine. The Company shall provide, at the Company's expense, detailed verification reasonably satisfactory to the Locality and VEDP of the Company's progress on the Targets. Such progress reports will be provided annually, starting at March 31, 2012 and covering the period through the prior December 31~`, and at such other times as the Locality or VEDP may reasonably require. With each such progress report, the Company shall report to VEDP the amount paid by the Company in the prior calendar year in Virginia corporate income tax. VEDP has represented to the Company that it considers such information to be contidential proprietary information that is exempt from public disclosure under the Virginia Freedom of Information Act and that such information will be used by VLDP solely in calculating aggregate return on invested capital analyses for purposes of gauging the overall elTectiveness of economic development incentives. Section 7. Notices. AXXOR GOF Pcdi~rmnnce Agmment UKAP'I' 11071 I s P26 Any notices required or permitted under this Agreement shall be given in writing, and shall be deemed to be received upon receipt or refusal after mailing of the same in the United States Mail by certified mail, postage fully pre-paid or by overnight courier (refusa- shall mean return of certified mail or overnight'courier package not accepted by the addressee): if to the Company, to: Axxor N.A., LLC 7600 Cambridge Drive Crestwood, Kentucky 40014 Attention: Robert Boerrigter President if to the Locality, to: Pittsylvania County, Virginia P.O. Box 426 Chatham, Virginia 24531 Attention: William D. Sleeper County Administrator with a copy to: Pittsylvania County, Virginia P.O. Box 426 Chatham, Virginia 24531 Attention: Gregory L. Sides Asst. County Administrator if to VEDP. to: Virginia Economic Development Partnership 901 East Byrd Street, 19`h Floor Post Office Box 798 (zip: 23218-0798) Richmond, Virginia 23219 Attention: President and CEO Section 8. Miscellaneous. with a copy to: Virginia Economic Development Partnership 901 East Byrd Street, 19th Floor Post Office Box 798 (zip: 23218-0798) Richmond, Virginia 23219 Attention: General Counsel (a) Entire Agreement; Amendments: This Agreement constitutes the entire agreement between the parties hereto as to the GOF Grant and may not be amended or modified, except in writing, signed by each of the parties hereto. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The Company may not assign its rights and obligations under this Agreement without the prior written consent of the Locality and VEDP. (b) Governing Law; Venue: This Agreement is made, and is intended to be performed, in the Commonwealth and shall be construed and enforced by the laws of the Commonwealth. Jurisdiction and venue for any litigation arising out of or involving this Agreement shall lie in the Circuit Court of the City of Richmond, and such litigation shall be brought only in such court. AXXOR GOF Pedomiance Agreement DRAFT 110711 P27 (c) Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be an original, and all of which together shall be one and the same instrument. (d) Severability: If any provision of this Agreement is determined to be unenforceable, invalid or illegal, then the enforceability, validity and legality of the remaining provisions will not in any way be affected or impaired, and such provision will be deemed to be restated to reflect the original intentions of [he parties as nearly as possible in accordance with applicable law. [TI-IE REMAINDER OF TFIIS PAGE INTENTIONALLY LEFT BLANK] AXXOR GOP Pcr(ormancc Agrccmcnl DItAPT 11071 I 7 P28 IN WITNESS WHEREOF, the parties hereto have executed this Performance Agreement as of the date first written above. APPROVED AS TO FORM: J. VADEN HUNT, ESQ. PITTSYLVANIA COUNTY ATTORNEY AXXOR GOF Performance Agrecment DRAFT 11071 l COUNTY OF PITTSYLVANIA, VIRGINIA sy Name: Title: Date: AXXOR N.A., LLC By Name: Title: Date: P29 PUBLIC HEARING P3~ PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Public Hearing -Amendments to Pittsylvania County 11-15-2011 7 ~~ 'Code, Chapter 5-Cemeteries; New Chapel Church ACTION: INFORMATION: ' 5UBJECT/PROPOSAL/REOUEST: Yes ~ Amendment -New Chapel Church Cemetery CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): ATTACHMENTS: William D. Sleeper Yes / 1 REVIEWED BY: /~. BACKGROUND: The Pittsylvania County Board of Supervisors held a public hearing and approved an amendment to Chapter 5- Cemeteries, ofthe Pittsylvania County Code for the New Chapel Church cemetery on Weatherford Road/SR 763 in the Callands-Gretna District. DISCUSSION: As there appeared to be a question to the actual location of the proposed cemetery and the advertised public heazing held on the October 18, 2011 meeting of the Board of Supervisors, it was re-advertised for November 15, 2011 with the cemetery's location at 2290 Weatherford Road, actually identifying the location, which makes it closer to an existing home at 2276 Weatherford Road. However, the home is over 300 lineaz feet from the proposed cemetery, which meets the criteria of the Virginia State Code for the location of a public cemetery. This is submitted to the Board of Supervisors to hold a public hearing for citizen input, and for their review, consideration and approval. P31 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a public hearing on Tuesday, November 15, 2011, in the General District Courthouse of the Edwin R. Shields Courthouse Addition in Chatham, Virginia to receive citizen input on a proposed amendment to the Pittsylvania County Code, Chapter 5-Cemeteries, to add an approximated 1-acre tract of land to be used as a cemetery for the New Chapel Church in Gretna, Virginia. This proposed cemetery will be located off of Weatherford Road/State Road 763 at 2290 Weatherford Road, Gretna, in the Staunton River District. A full text of this proposed amendment is on display for public viewing in the County Administrator's office at 21 North Main Street, Chatham, Virginia Monday - Friday between the hours of 8:OOa.m and S:OOp.m. P32 Star-Tribune News N®ven~ber 2, 2011 PUBLIC IIEAI~ING N®TICE The Pittsylvania County Board of Supervisors will hold a public hearing on Tuesday, November 15, 2011, in the General District Courthouse of the Edwin R. Shields Courthouse Addition in Chatham, Virginia to receive citizen input on a proposed amendment to the Pi[tsylva- nia County Code, Chapter 5-Cemeteries, to add an ap- proximated 1-acre tract of land to be used as a cemetery for the New Chapel Church in Gretna, Virginia. This proposed cemetery will be located off of Weatherford Road/State Road 763 at 2290 Weatherford Road, Gretna, m the Staunton River District. A full text of this pro- f posed amendment is on display for public viewing in the County Administrator's office at 21 North Main Street, Chatham, Virginia Monday -Friday beaveen the hours of B:OOa.m and S:OOp.m. P33 Star-Tribune News October 26, 2011 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a public hearing on Tuesday, Plovember 15, 2011, in the General District Courthouse of the Edwin R. Shields Courthouse Addition iti Chatham, Virginia to receive citizen input on a proposed amendment to the Pittsylva- nia County Code, Chapter 5-Cemeteries, to add an ap- proximated 1-acre tract of land to be used as a cemetery for the New Chapel Church in Gretna, Virginia. This proposed cemetery will be located off of Weatherford Road/State Road 763 at 2290 Weatherford Road, Gretna, in the Staunton River District. A full text of this pro- , posed amendment is on display for public viewing in the '~ County Administrator's office at 21 North Main Street, Chatham, Virginia Monday -Friday between the hours of 8:OOa.m and S:OOp.m. P34 CURVE TABL f TANGENT [fNGTH DEC TA CNQ40 CN. BE.tN/NG /61. of JOP. J1' /Jd. !P' P66. B6' 6!. !T' /P6. B3' P66. 9/' 1Jt. 9P' /69• /6' JJB. PB' P6P. 3/' 3/6.96' /OT. OY 1/J. 96" /Jd~ LJ' tTL. /B" J7.0/'JB" zJ•SB'as• 1't /'PJ' /B'Jd'1B' P'06'J7' !'Pl'J7- /O'L3'2l 290. W' P66. 90' na. a/' J30. /9' JJB. Pd' S/1. 97" t/J. 9/' P7/. et' M IT'JD'36"f N Bi'OP'it'E N Ji YI'PO"f N i7'S6'I6'f N J9'JJ'OP'F N P9'16'IO'f N ?/'JP'iT'f N /B'IO'oJ'f ABL f O/STANCE 'S"E /37. //' B'E /GT.zY V'F !P> 1' !'E 307.70' O'F P(P. 66' 9'F 10/-76• G"F IlLGr' /'r /di• J6' ~Op '~' \ /\ 'r WW / i ~ ~ ~e~ SITE ~ ~; s --- ----_------ f[ [ -B [/ C-t [-7 c-I ..~ 1 "a ., a ; -J vvrw'- s>oyfrr/ -s /s•Jrm•r w7r'~ O //' n/T O/ M CGNrPA: L/Nf Of fgQM 2OFD .~ -Y yy0/YN ADO/B /~ LOCO//ON oI NL~LSS ,¢pgfJ feQ H/6?G`S1/G6?f S3 ~a~f~OM FD+o/N/NG /~20PF.Q /'i63 FRED D. Si!ANKS 10 leo. 1 ~B L ! , .n4 s ~>~ s.:, •m/. rs s~ R tttt /E/ P I.T/' 4 l/~. Tex Porei/ NP. J/--A-JOa Ai GKY L. CH/L DRFSS D. B. B7P, Py. B/P P/Pl P/ SUI y(y /O/ E7vlME rr ~. yYf/~D o/ o CBr /o/n lTOCI o/ lOnd s/wore on S/o/e NPa/6 763 a. /,.y Tox Porce/ No. 3/ A-30 CB//On Or-Gre/no MOD /J /BT/O/ O/J/>/u P/TTSYC VAN/A CGY/NTY, V/RG/N/A SR.fA',YS ASS[,L•'/ATES, P. C. ERG/NEERS-S49YEYpPS-/KAMAERS --- Rw/rr Bu//0/nv. sy//. /. P35 ~p~, Q~ t~ y 3 8(z Bq2. 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Pp. p36 Rebecca Flippen From: Marshall Ecker Sent: Thursday, November 10, 2011 10:49 AM To: Rebecca Flippen Subject: pictures Attachments: SAM_2117.JPG; SAM_2119.JPG; SAM_2120.JPG Rebecca, 2117 is looking across road to only home near cemetery which is about 400' ,picture 2119 is looking down hill away from dirt road, picture 2120 is looking up hill to dirt road. If any questions please call. Thanks Marshall Ecker Pittsylvania County Board of Supervisors Staunton River District 7656 Deer View Rcad Gretna,Virginia 24557 434-335-5967 P37 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER ', Public Hearing -Amendments to Pittsylvania County 11-15-2011 8 Code, Chapter 35-Zoning Ordinance ACTION: INFORMATION: SUBJECT/PROPOSAL/REOUEST: Yes Amendment -Pittsylvania County Code, Chapter 35, CONSENT AGENDA: Section 35-720; Condominium Conversion ACTION: INFORMATION: STAFF CONTACT(Sl: William D. Sleeper ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Pittsylvania County Board of Supervisors the proposal to the Pittsylvania County Planning Commission for an amendment to Chapter 35 of the Pittsylvania County Code for Section 35-720; Condominium Conversions. The Planning Commission took no action. Since the required amount of sixty (60) days or more has passed with no action of the Planning Commission, the Board of Supervisors may hold a public heazing and consider this amendment. DISCUSSION: The proposed amendment to Section 35-720 authorizes the section of the Zoning Ordinances that establishes the condominium conversion. By having this in the Pittsylvania County Zoning Ordinance, the Board of Supervisors and the Pittsylvania County Planning Commission can require that Special Use Permit be obtained in order to establish a condominium conversion, therefore, they could control non-conforming uses. The State Code will allow a condominium conversion in any zone in Pittsylvania County by the current State Code if is a conforming use to that section. RECOMMENDATION: Staff recommends the Board of Supervisors hold the required public hearing and amend Section 35-720 of Pittsylvania County Zoning Ordinance to allow condominium conversions by Special Use Permits. P41 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a public hearing on Tuesday, November 15, 2011, in the General District Courthouse of the Edwin R. Shields Courthouse Addition in Chatham, Virginia to receive citizen input on a proposed amendment to the Pittsylvania County Code, Chapter 35-Zoning, Sec. 35-720 Condominium Conversion. A full text of this proposed amendment is on display for public viewing in the County Administrator's office at 21 North Main Street, Chatham, Virginia Monday -Friday between the hours of 8:OOa.m and S:OOp.m. P42 Star-'rr~bune News N®vember 2, 2011 PUBLIC IIEAIZING N®TICU The Pittsylvania County Board of Supervisors will hold a public hearing on Tuesday, November 15, 2011, in the General District Courthouse of the Edwin R. Shields Courthouse Addition in Chatham, Virginia to receive citizen input on a proposed amendment to the Pittsyl- vania Counq~ Code, Chapter 35-Zoning, Sec. 35-720 Condominium Conversion. A full text of this proposed amendment is on display for public viewing in the County Administrator's office at 21 North Main Street, Chatham, Virginia Monday -Friday between the hours of S:OOa.m and S:OOp.m. P43 Star-Tribune News October 26, 2011 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a public hearing on Tuesday, November 15, 2011, in the General District Courthouse of the Edwin R. Shields Courthouse Addition in Chatham, Virginia to receive citizen input on a proposed amendment to the Pittsyl- vania County Code, Chapter 35-Zoning, Sec. 35-720 Condominium Conversion. A full text of this proposed amendment is on display for public viewing in the County Administrator's office at 21 North Main Street, Chatham, Virginia Monday -Friday between the hours of 8:OOa.m and S:OOp.m. P44 YIZUYUS~ll Widening, narrowing, extension, enlazgement, vacation or change of use of streets or public areas shall likewise be submitted for approval, but paving, repair, reconstruction improvement, drainage or similaz work and normal service extensions of public utilities or public service corporations shall not require approval unless involving a change in location or extent of a street or public azea. The foregoing notwithstanding, the provisions of Section 15.2-2232 of the Code of Virginia shall apply to any such review. SEE: SEC. 35-50. EXEMPTIONS. SEC. 35-720-CONDOMINIUM CONVERSION. Whenever any land, buildings, or structures, or the use thereof, are proposed to be converted to condominiums or cooperatives, and such land, buildings, or structures do not conform to the regulations of this zoning ordinance, then before such proposed conversion may take p/ace, a special exception use permit pursuant to section .?5-712, hereof shall be obtained, unless a variance ojthe requirements ojzoning or land use regulations, which may be granted by the Board of Zoning Appeals pursuant to Title 15.2 of the Code of Virginia, is in fact granted A request for such a special exception or variance filed after July 1, 1982, shall be granted ij the applicant can demonstrate that the continuance of any existing nonconjormities, as proposed by the conversion, is not likely to affect adversely the property or adjacent properties, the intention ojthe Comprehensive Plan, or the public welfare or safety. SECS. 35-721-35-740. RESERVED DIVISION 4. SITE DEVELOPMENT PLAN SEC. 35-741. SITE DEVELOPMENT PLANS REQUIRED. There is a mutual responsibility between Pittsylvania County and the applicanbdeveloper to develop land in an orderly manner. The purpose of this Section is to encourage innovative and creative design and facilitate use of the most advantageous techniques and highest standards in the development of land in Pittsylvania County; and to ensure that land be used in a manner which is efficient, harmonious with neighboring property and in accordance with the adopted Comprehensive Plan for Pittsylvania County and with the provisions of this Ordinance; and to ensure public safety, health, and welfare. Site development plan as a requirement to receive a zoning permit also provides the appropriate approving authority information on which to base their decisions. Site development plans or concept plans required are to be considered as pan of an application package to be submitted for various zoning requests. It is also recognized that. in some instances, subdivision plats and site development plans may be filed coincident in time and it is the intent that requirements for each document be interrelated as much as possible. SEC. 35-742. USES REQUIRING SITE DEVELOPMENT PLAN AND REVIEW BY PLANNING COMMISSION. (UNLESS EXEMPTED UNDER SECTION 35-752) P45 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: ° Public Hearing -Amendments to Pittsylvania County Code, Chapter 31; Section 31-2(a) Officially Recognized Volunteer Rescue Squads Operating within the County SUBJECT/PROPOSAL/REQUEST: Amendment -Pittsylvania County Code, Chapter 31, ~ Section 31-2(a); Officially Recognized Volunteer Rescue Squads Operating within the County-Add North Halifax Fire Department STAFF CONTACT(S): William D AGENDA DATE: ITEM NUMBER: 11-15-2011 ACTION: Yes CONSENT AGENDA: ACTION: INFORMATION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: G BACKGROUND: The Pittsylvania County has been having difficulty off of US RT 40 in the Pittsylvania County azea in adequate response time for emergency medical services. The Board of Supervisors is negotiating service with the North Halifax Fire Department for emergency medical service for Pittsylvania County by amending Section 31-2(a) ofthe Pittsylvania County Code. DISCUSSION: The Board of Supervisors will hold a public heazing to receive citizen input on amendments to Pittsylvania County Code, Chapter 31; Section 31-2(a) Officially Recognized Volunteer Rescue Squads Operating within the County, to add North Halifax Fire Department as an authorized fire department servicing Pittsylvania County. It should also identify North Halifax Fire Department as an emergency medical responder in Pittsylvania County. RECOMMENDATION: Staff recommends the Board of Supervisors hold the required public hearing and amend Section 31-2(a) of Pittsylvania County Zoning Ordinance to add North Halifax Fire Department. This requires a Roll Call Vote. P46 PUBLIC HEARING NOTICE The Pittsylvania County Boazd of Supervisors will hold a public hearing at 7:00 p.m. on Tuesday, November 15, 2011 in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia to receive citizen input on proposed amendments to the Pittsylvania County Code Chapter 31; Section 31-2(a), to add the North Halifax Fire Department. A full text of the proposed amended changes aze available in the Office of the County Administrator, 21 North Main Street, Chatham, Virginia, Monday through Friday between the hours of 8:00 a. m. and 5:00 p. m. as well as on the County's website at www.pittgov.org P47 Star-Tribune .News N®vernber 2, 2011 PIJBI.IC HEARING N®TICE The Pittsylvania County Board of Supervisors will hold a public hearing at 7:00 p.m. on Tuesday, November 15, 2011 in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia to receive citizen input on proposed amendments to the Pittsylvania County Code Chapter 31; Section 31-2(a), to add the North Halifax Fire Department A full text of the proposed amended changes are available in the Of- fice of the County Administrator, 21 North Main Street, Chatham, Virginia, Monday through Friday between the hours of 8:00 a, m. and 5:00 p. m. as well as on the County's website at www.pittgov.org. P48 Star-Tribune News October 26, 2011 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a public heazing at 7:00 p.m. on Tuesday, November 15, 2011 in [he General District Courtroom of the Fdwin R. Shields Courthouse Addition in Chatham, Virginia to receive citizen input on proposed amendments to the Pittsylvania County Code Chapter 31; Section 31-2(a), to add the North Halifax Fire Department A full text of the proposed amended changes are available in the Of- fice of the County Administrator, 21 North Main Street, Chatham, Virginia, Monday through Friday between the hours of 8:00 a. m. and 5:(10 p. m. as well as on the County's website at www.pittgov.org. P49 PROPOSED SEC. 31-2a. OFFICIALLY RECOGNIZED VOLUNTEER RESCUE SOUADS OPERATING WITHIN THE COUNTY. A. Be it ordained by the Board of Supervisors of Pittsylvania County that the Pittsylvania County Code of 1975 be amended to include a subsection 31.2 (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. 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. Blahs Volunteer Fire & Rescue Squad (B.S.M. 1-18-OS) 10. Brosville Volunteer Fire & Rescue Squad (B.S.M. I-18-OS) 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) 13. Mt. Hermon Volunteer Fire & Rescue Squad (B.S.M. 1-18-OS) 14. Ringgold Volunteer Fire & Rescue Squad (B.S.M. 1-18-OS) 15. Tunstall Volunteer Fire & Rescue Squad (B.S.M. 1-18-OS) 16. Cascade Volunteer Fire & Rescue (B.S.M. 5-20-08) 17. North Halifax dire Department This ordinance shall become effective immediately uaou its aassaae. P50 NEw ~us~vESs P51 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Recommendations of the Telecommunications Committee SUBJECT/PROPOSAL/REOUEST: Recommendations following Committee Meeting STAFF CONTACT(S): William D. Sleeper I1-15-2011 ACTION: Yes 10 INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: No REVIEWED BY: BACKGROUND: The Computer/Radio/Telecommunications Committee of the Pittsylvania County Board of Supervisors has been working on a Request For Proposal (RFP) for upgrading services to the Pittsylvania County radio system in order to respond to the E911 calls in Pittsylvania County. DISCUSSION: The Computer/Radio/Telecommunications Committee of the Pittsylvania County Boazd of Supervisors will hold a meeting on Tuesday, November 15, 2011 at S:OOpm in the Captain Martin Building located at 1 Center Street in Chatham, Virginia. "this will be a Closed Session in order to discuss a public contract involving expenditures of public funds, which required interviews with bidders, offers, and discussions of the scope of service of such contract. RECOMMENDATION: If the Committee determines to make recommendations, they will be submitted to the Board of Supervisors at their meeting on Tuesday, November 15, 2011 following the authorized meeting of the Computer/Radio/"felecommunications Committee of the Pittsylvania County Board of Supervisors. P52 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 11-15-I1 Metropolitan Planning Organization (MPO) - Appropriation of Additional Funds-Requires a Motion ACTION: and a 10-Day Layover Yes SUBJECT/PROPOSAL/REOUEST: Appropriation of Additional Funds for MPO STAFF CONTACT(S): CONSENT AGENDA: ITEM NUMBER: ', 11 INFORMATION: ACTION: INFORMATION: ATTACHMENTS: No REVIEWED BY: BACKGROUND: The Danville MPO develops plans and programs that are subject to approval by federal agencies in or order for federal-aid to transportation funding to flow to the region governed This organization also maintains along-Range Transportation Plan and a Transportation Program. transportation by the MPO. Improvement DISCUSSION: Pittsylvania County financially supports studies performed by the MPO. The current FY 2012 budget has a total of $5,000 budgeted for the MPO-Transportation Study line item. An additional $20,000 needs to be appropriated to this line item in order to have sufficient funds to cover the MPO Transportation Study for FY 2012. RECOMMENDATION: Staff recommends that $20,000 be appropriated to the Board of Supervisors-MPO Transportation line item (100-4-011010-5659). REQUIRES A MOTION AND A 10-DAY LAYOVER. P53 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 11/15/2011 ITEM NUMBER: 12. Chatham Southern Railway Depot -Phase IV Award of Bid ACTION: Yes CONSENT AGENDA: ACTION: STAFF CONTACT(S): Mr. Sleeper, Mrs. Meeks ATTACHMENTS: BACKGROUND: INFORMATION: Dewberry, Inc. on behalf of the Pittsylvania County Boazd of Supervisors issued an Invitation to Bid for the renovations of the Chatham Southern Kailway Depot -Phase IV on October 24, 2011. The invitation to bid was posted on our website, public notice board, and advertised in the newspaper. DISCUSSION: Bids will be received and publicly opened on Tuesday, November 15, 2011 at 2:00 p.m. The bid recommendation information will be handed out at the November 15, 2011 Adjourned Meeting of the Board. No contract will be issued prior to the review and approval of bid documents by the Virginia Department of Transportation. RECOMMENDATION: Staff recommends the Board of Supervisors accept the bids and recommend award the bid to the lowest responsive responsible bidder, pending approval from the Virginia Department of Transportation. P54 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Engineering Services Contract - Ringgold East Industrial Park SUBJECT/PROPOSAL/REOUEST: Award contract for engineering services for design and construction of development ready sites in Ringgold East industrial park. AGENDA DATE: 11-15-2011 ACTION: Yes ITEM NUMBER: 13 INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes /1 1 STAFF CONTACT(S): Mr. Sides Mr. Sleep REVIEWED BY: BACKGROUND: The Virginia Tobacco Commission approved a FY 11 grant for Ringgold East Industrial Park -Development Ready Sites. This project involves clearing and grading of the existing Ringgold East Industrial Park to create pad sites that will have all required utilities in place and ready for industrial development. This project also involves the acquisition of additional property and demolition of a residential structure that will allow full use of the industrial property. The project involves engineering design and administration services. DISCUSSION: An RFP for Engineering Services was issued and we received six responses. A County staff interview panel interviewed four applicants on October 19, 2011. Based on the applicant presentations and submittals, the panel unanimously rated Dewberry, Inc. as the first choice to negotiate an acceptable contract for Engineering Services. RECOMMENDATION: Staff submits a contract from Dewberry, Inc. to the Board for review and approval. If the contract is awarded, engineering services will begin immediately. Authorize the County Administrator to sign all necessary documentation. P55 ~ Dewberrq~ Dewberry & Davi:, Inc. ssi ciney Forest aoaa Danville, VA 245404353 434.797.4497 434.797.4341 fax www.dewbenycan November 10, 2011 Mr. William D. Sleeper County Administrator Pittsylvania County P.O. Box 426 Chatham, VA 24531 RE: Site Design and Development Ringgold East Industrial Park (Site) Ringgold, VA Dear Mr. Sleeper: The County recently received funds from the Virginia Tobacco Indemnification Commission (VTIC) for the design and further development of the Ringgold East Industrial Park. Dewberry provided the conceptual drawings dated March 3, 2011 for the VTIC application. The attached drawing shows the site improvements to be covered under this proposal. In response to an RFP for engineering services for the construction of Development ready sites, Dewberry submitted a proposal dated September 9, 2011. Engineering necessary will include stormwater piping, a stormwater detention pond, site grading, erosion and sediment control, and utility extensions. Dewberry will prepare the necessary plans and specifications to grade the two pads in accordance with the attached concept drawing. SCOPE OF SERVICES Dewberry& Davis, Inc. (Dewberry) proposes to perform the following scope of services: 1. Engineering Services: a. Design Documents -Dewberry will prepare plans and specifications that will be used to develop two new graded pads in the Ringgold East Industrial Park. The North Pad will be approximately 13.2 acres and the south pad will be approximately 30.5 acres. The natural gas line will be extended down the industrial access road 1840 LF. Design will address stormwater needs, erosion and sediment control, site grading and the extension of a gas line. The graded pads will be designed in general conformance with the attached site exhibit dated March 3, 2011. Dewberry will submit plans to the county for review and approval and prepare a stormwater pollution prevention plan in accordance with VSMP requirements. Plan sheets will include: P66 Mr. William D. Sleeper Page 2 November 10, 2011 CO Cover Sheet C1 Overall Site Plan C2 Stakeout Plan North Lot C3 Stakeout Plan South Lot C4 Lot Grading Site Plan North Lot CS Lot Grading Site Pian South lot C6 Erosion & Sediment Control Plan North Lot C7 Erosion & Sediment Control Plan South Lot C8 Gas Plan and Profile C9 Site Details C10 Site Details Cll Erosion & Sediment Control Details C12 Erosion & Sediment Control Details b. CONA-Dewberry will provide construction administration services which shall include assistance during bidding, review of bids, issuance of the notice to proceed, attending monthly progress meetings, inspection services, review and response of all contractor requests, issuance of substantial completion. Dewberry has assumed a construction period of 180 days. Dewberry will make 2 site visits per month for a total of 13 visits. ENGINEERING FEES: $ 51,500 Lump Sum 2. Environmental Services: Dewberry will provide wetland delineation services for the two proposed graded pads. Dewberry will provide a wetland delineation on 80 acres of the Ringgold East Property. ENVIRONMENTAL FEES: $9,500 Lump Sum 3. Geotechnical Services: Dewberry will contract with F & R to provide geotechnical services during construction of the two sites for soil compaction testing. Geotechnical fees are based on a 180 day construction schedule. GEOTECHNICAL FEES: $38,000 Lump Sum This proposal is subject to our Standard Terms and Conditions included herein as Attachment A. Dewberry P57 Mr. William D. Sleeper Page 3 November 30, 2011 Please do not hesitate to call if you have any questions or wish to discuss the proposal. Sincerely, Dewberry & Davis, Inc. . ~ ~ Shawn R. Harden, P.E. Manager of Civil/Economic Development K • ~\~^-- Brian K. Bradner, P.E., CPESC Associate Vice President Office Manager Attachment A-Standard Terms & Conditions (3/03) Attachment B -Ringgold East Concept Drawing P:\50041422\Adm\Con[ract\2011 0611 Ringgold East Proposal.doc The foregoing proposa4 of Dewberry & Davis,lnc. is accepted: Print (Type) Individual, Firm, or Corporate Name Signature of Authorized Representative Date Print (Type) Name of Authorized Representative and Title Dewl~e~'rY' P58 ATTACHMENT p STANDARD TERMS AND CONDITIONS Theo Slnndatd Temss end Conditions ("STCs 1 ue incorpprot<d by rcferend into the (degoing egrttment, d propose) ttM "Agreement') between Dewberry t"we'd "u' or "our') and its dimt t'yau" or yom') for the perforrnen<e of architeduroh engimering, survtying, planning. err olha smitta I"Serv"¢es'y. These STCs arc fully binding upon you just as if they sere fWly aer forth in Me body of the Agearcnt, ant shall supersede any term d provisiao elsewhert in the Agreement in earl Ricl wish Mex STCs. ' 1. Ptrfed of ORer. Unless we deride, in writing, Ip arena the period for aaeptance by you o(our propoul, you have 90 days from our proposal date to accept our proposal. W< have the right to withdraw the proposal et aq~ time befort You accept. Delivery of a signed proposal-whethm diginal or copy-~o us constitutes your xeept- ance of Me proposal, including attachments expressly incorporated into the proposal by rcferentt. The proposal and incorporated atuchnlents shall constimm the emire egrce- menl baween You and us. If you request us to rcnda Sm~ices befde you deliver a signed propoul to us. and x< render Smites in attordantt with the proposal, you agree Nat the proposal and then STCs conniwu the Agr<evtent bmvem you rail us even if you fail to mum a signed proposal to w. 2. Scope of $ervkes. Fd the fee u1 forth in the Agreement, you egrtt that we shall only be obligated to rcMU Me Smites ecprtssly deuribed in the Agreemeol. Unless the Agreement expressly requites, in rro even) do we have my obligation d responsibility for: a. The <ortectness and rontplaeness of any document x•hich was prepared by mothm entity. b. The corrrxmeu ant complaeness of my dnx•ing prepared by us, unless it was properly sealed by a professional on our behalf. c. FavomDle or timely comment or action by any govemmeotal entity m the wbmission o(any coavtmeion docurtmnB. IoM use or fessibiliry' studies, appeals. paitions fm exttptions m waivm, or other requeos d documents of my nervrc whosoever. d. Taking into aecoum oR--site rircumsbrca oMtt Man thou clearly visible eM enually knoum a us fide on-site wod. e. The edwl kacatiun (w charadmialia) of any portion ofa dility xhicb is mot entirely visible fmm the surface. C Ta famish or verify specilnbons or requiremenn reload to PCB transformer removal, dispovl, or related mica. g. The eonecmess ofarry grotechnical services perforrrrcd by others. xhetha or rrot ou subcontrodors. h. The aduneY oleaM work animates ant quantity bk<-oRs, d the balance of earth work rat and fill. Should shop drawing rcrirw be incapom<d into Me Smites, we shat) pass upon the shop draxings with rmmruble promptness. CTttttng and spprmal of shop drawings will be gerterol, for ronlormance with the design concept of the project to which this Agreement rtleta ("Project") ant romplience with Me information given in the canstrvcdon documents. and will not include quantities, debited dimensions, nor edjustmmts of dimensions to actwl held mnditiuns. Approval shall not be wnstrved as per- mitrinp any depanurz !rom contract iequirmunts nor m mining arc Conmetd of the responsibility for any ermr in debits, dimensions d dherwiu that may exist. We do not provide kgsL ucount"vsg, m insurarce smim. 3. Veur OnI DMfMas. Yw, d any of ydv directors, nRmas, putnm, members, mwgm, employees or agents having apparent euMority from you, may oral- ly lal make daisims rzlating to Smica or the Agrzerrrem; Ib1 request a change io the wope of Sen ices antra the Agreavenl; d (cl request us m render additional un ices under the Agreement, subjmt m our right to require you to submit the request in writing tx(orc your decision or request shill be ronsidertd to bare been eR<dively made. You may, at any time, limit fM authority of any or ell persons to aed orally on your behalf under Nis Paragraph 7, by giving us oven 7 days edvmce wnnen notice. a. Preprktary Wghn. The drawings, specifintiom ant other ddumenn prepared by us uM<r this Agreement att instrumenU of our smite for ux wlely for the ProjM ant, wkss odterwiu pmvided, we shill be deemed the authd of these domments eM shall rctaie ell wmmon kw, tbmtory, sod dha resersrd rights, including the copyright Yw shell be pamitred to rzuin copies, including reproducibk copies of our instrvnlents of smite for infomation ant rN<rence for du Projm. Our drawings, spec- ifications, d oMer dommenu shall raa be used by you or odmrs on omtt projects for any reason or for complaion of this Pro3at by other pofessionals, unless you make m agrament for such use satisfactory m m. Suhmusim or distribution o(documenB to rnea otfirial rcgulalory rcquiremmtz d for similar purlwaa in connection wits the Projm is nut to be consfrucd as publicadon intamistenl wits our reserved rights. 5. Fm and Compmsatbn. If you request us to renter urvitts not specifically described in the Apttment, d. if xe, or myone in our employ. is ulld upon to ' be deposed, d to terrify, in a maser, in which ue ue not a mmed pray, Mat relates m our Smitts. you agrtt to compmsam us for such smitta m accorNntt with the holly ~l rata u set forth on Attacbmem A o! this Agr<emenl or in any subsequm0y eRtttive schedule, unless a wrimm agreement hss been signed by boM yw amd uz indicating the fee ' ` basis of web additional urvka or changes. It no rompensation rate is sa lath on Atbchment A, err MrouBh wrinm agreement between you ant es, we shall be rompenvted !or such urvitts et our Men current hourly n1a. We may unilnmlly inerzau our hunp sum err unit billing rna m each anniverury of your aecepbnce of this Agreement as much u Gve pereenl or M<percmbge increase in the CPI-W fU.S. Departrnem of Labor Consumes Price Index-Wasbingmn), which<va is greater. Hourly rata ere wbjm to periodic rtvisim N our diurclion. ' 6. Perbd of Service. TM prorisims of this Agreement and Me compensation provided for undtt the Agreement have been esbblishd in emicipoian of the order- ~r ~ ly and continuous progtm pf the Project Om obligaUm to render services will extend only fd Mn period which may reasonably 6e required to complete she Smites in m ~. orderly and cmtinuous mentor eM we nay then, at our soi<ogion, terminate the Agreement. 7 Coattrvidbn Cash. Commnetim coats arc defined as M< enrol actual cost d mimatM cast to you of ell elements of tM project designed M specifitd by us excluding our fees. We auume raa rapansibiliry for any Projm or construction roar <oimata or opinions given to you as we base no control ovtt the coal of Iabd, materials. equipment. d sm~ica funishtid by ohm, or ova compaitire bidding or marker tend"nioas. 8. Rdmborvbk Eapensa. Unless Me Agreement dherss•iu proxida, ypu shall rzimburs< us, or our alliliata. fd ell expenses wr incur to renter the Smica for you under this Agreement, plus fifteen pattm. We may submit invpica for reimbursable expenses uparatety Gam invoiea for Smites. 9. Pryment Terns. We may submit invoices n any lime to you fd Services end for reimbursable expenses intoned. Invoices ue payable within 30 days of the imaice doe, and you agree m pay a firw¢e cMrge of one ant me half percent per month on any unpaid balance raa mewed by us within 30 days of the invoice dale Invoim may be basil either upon our estimate of the proponim of the trial m~ices acttblly complaed o the tune of billing fd lump sum or fixed fee sm'ices, or in the cue of houly m i<a, upon reMeribg of the Smica. If any invoice is not pia within JO drays of the imroice dam, we shall have the right either to suysend the per(ormmce of our Senior oral) ell invoices more Men JO days pest due arc Polly paid or to terminate the agreement ant to initiate proceedings to recover amounts owed by you. Additionally, we shell have tM right to wiMhuld from you the posuscion or uu of any drawings ur documents prtpartd by us for you antra This or any other agreement with you oral) all delinquent invoiea are paid in full, Vou shall trot oRsa payments o(our invoids b)• any amomts due, or cmimed to be due for any reason. ' .{ ~, 1(you do not give us wdnm notice disputinp rm imoic< x'ithin 20 days of the inroitt data the ioxoid shall rondusiwly be deemed coned. All payments made by k you shouts specfy the invoice numbers being paid. I(we r<ttive pnymenis dot do nil specify the invoiea being paid, you agree that we trio} apply payments in ud sole ds- creuon. Time is of the essence of your paymml obligelims; ant your failure make full ant timely paymem sMll be dttnred a malenal brza<h. ' 10. Informadnn From \'eo and Poblk Sources. You shell famish us ell plans. drawmpa. wneys, deeds ant other documents related m the senica in your fros- ~ y session ant shall inform us in writing about ell spn•ial crimria or requirements related m $mices Ilogethei.'Informanion"1. N'e may' ubain deeds, plus, maps and any dher ,a m(amblion filed with d published by em gmemmentel amity nogahec "Puhlio inhrmutinn"1. N'e may rely un Infnrmatinn and Public Infnmmricm in rendering San im. Wr shall not he rcxpsmsible for man m nmiainm d additiomal crssl• ari.ing nil of our reliance rm Information or Public Infnrmatim. N'c shall do h< raln~nsihle fi.r any spnvl ' ' criteria M requirements relatW to ow Smites nnl txprrssk sated in Me Agreement. 1'ou aprze to eiw prompt notice to u- of am des elspmem or oecurrmtt that aR<a. the cope nr timing of Senloea. d any ailed in the final wad wbminni Py us, err rnprs err wni..isms of other a. they art droop reed N'r shall do Ile re.ry~mihlt f r an.:dsax~ ~~ mu ue xhnle or in p.m from .car milmr u. pns do a . eon. ,•; limoh ir.fonuanrvt. appu s:d. and des tram. ,- nyuirni i:x tli: rnlyds pi~•prc~. s% the S.nt.n rat I I m Plan Prorndog. N'e rtuy .ubnii plain ant rcbmd. err other. duvment. n. public agencle. (nr aPPtns at Huxrver, it may he ne.e..ary. in order tom your imemp ono need. lot u.' m perform spate) pmco<ing. such a. anending naetings ant conferences xrth dtslerem agenac. hand cammR Plane m niMr Jdummrv Imm agents ~~ ~a! t!. P59 b agacy, and arbor specid aervkes. Thar apeciel mites ar not iahtdedm the 6mic tee and shall M perfonad u edditiaml smim m m hotuly f« hmu m «oordmtcc Widl our appbnbk hourly nse scheNrk. 12. Ag«dags aa0 Cewksn<es. To tM rotors de Apeampt pmvsda, We en0 Wmd mCebngE and cppQrepar that you a your repexomnvm, rtwsoroblY reepnn. FurtMmure, we WBl meal m m as-needed born With poblk ageocia IhM toighl be imoNedm Me Pwj«t. Bccsuse We cams (orcusl Me scope nil more of Thar meezi and cwfamca, we Will and emfaaee smkm m m hourl (« beta in acmtdm« with our ~ perform aazetutg Y applicable bomly nx scbeduk. I3. Year C6isrs Yee+elsmaeFenp~md.wvvatmP~.:caty --' -~' ..-...~~ir' by ua ' zSs par( e. You ahdt give m wvilmn ootoe Within 10 days of the dam tad you dixova, a droub. in the exarix d otdirlmy cue, have dumvaed that you bare, a may Mve, a ekbn agdt W m. lfyw fa'1 w give m vritfer~mtia witlrin each 10 days, thin such clam :loll fortver he berrtd and mtinguished. !. K we ac«pt Ott ckim, we stall Mve • rnmoaMe tore b core my error a amudm e»d my damage. TMs shill M your sok remedy, aril you must not Mve toured the error a otttistaq a my damge smuhing from tM errs a omusiop, ro M cored, i(we art rsMy, willing and stile b do ao. c. If we reject Ibe ekun, ere shag give yin wtnm ttotioe of itwh rejmtw rvdhio 30 mri of ow receip of the twtia ofckint from you You shill thin Mvc 60 deri within which b forouh m with m ap®eo from • r«ognixed expert in the appeopide discipline, rorrobonty Yom dsim tMt we nmmittd m error a omimbo, and mablisbing dal tM arts m omission erne fran our fdlwc m use tM degr« d care ordicatly road by pmfariooals in thu discipline in tlejmisdittien knl b the Pwjea. If you fail b Tomah m such m opiniee tram • rtcogniad expm within 60 days form the due wro surd you mti« of our rej«tim of she cnim, thin cuch claim sM0 fa ever be burred and eatttgttuhed. . d. We shill Mve fA days from rmeipt of the Witten opinion of your expm eviNht which w remdume my claim usenrd by yin. If we again reject swh ckim. m if the 60 day period from r«eipl d the wnnen apinbe of your expert <laptes widrotn actim by m, bur You troy Mve recourse b such other remedim m may M pmvtld under Nu Apecmem. 10. tlarardem er Tsak W Wes er Segtaa«s. Pe0.1W a Ceummleatise. Ym admowkdge thsl Smiar rmdaed under tlru Agtemmt nay, a will, involve m tr affeemd by ha>mdsm m bxk emmm a sdweam, a polMSioe a rwptaminatm d« w the presence of heardou a Ioxk wales or substanar. To irMtwe m w mar into This Agrmrtm4 you spa b ind®ify and hoW m 6arsokss fran liability. tin aM damages d my Wan. inehdieg acnul atbrmy's fm and rtkl<d msb and expens- ca, arising oil d ekirm made agsmd m tltd realer iv my way. b bosh (a) Mtvdoua a wxk wmtm a substmces, m pollmim a conumirutioo due b the pmace of Mz- ardmn slack wWm a stNmocm, aril (b) the perfatoaoa by m door abliptims undo the Agleerrcet, wbetha a rwt such paformmr« by m u chimed w have b«n, a win, m troy Mve taco negligent Uokat otherwise exprmsty set forth in tbu Agrecmm4 we sMll Mve no respoloiMliry for sardting for, a idrntfyvrg, M' hewdom m bxk wastm a sttbsaars, a pollution a eommnhutm due w me prtseme ofhatardous a wxk wwsxs a suMtaras; bur if we dismra a suspett the presen« of my such wrote:, submm«f, polinim a Cprlm11m11Q1 doe b the prcanme d haaMao a nixie wastm a aubstaaces. Nor we, in our sok dismaim, eM a1 my tore, rtuy sbp cork undo, a tamimk. dris Ayoemmt, m which ervmt we will Mve m ftrrder liability b you for perbmtstoe uadv thn Agrcanmy and yin shill cake the paymm~s b u required by Pangrapr6 15 d We STG. I3. Tasgmatleo. EiWa posy may taminme the Agreartmt H the other perry noktallY breadea the Ap«menl. Ym thdl irmrcdukh PY m for mr services rcvdaed avd mpemm iocrtrted through the eaminatm date, vWbding firs aM apmsm the we incur m a tewk oftM tamindion. Id. Peymmt of ghat PrWfmdaeek. if thu A®amatl imhsdm contnWian d services begin by OOtm mehit«a, engin«a, Dhmaa, surveyors, a other pro- feuiemis, we mry suspend our aavkvs umB you toeke aasoganenb satidecbry ro such other pwfesdamis fa pymenl If smufattay amngemmn Mve rot taro made within a tore daamimd by m b M remonebk, thin we may io mr ink discetiou mmmitndc this Agr«rtenL 17. Aaaigemut and TElyd-Per1y Bmelkhrtp. Neima pmry sMll usigo a twfer my dghn, iotesmn a chimt ariciug under tlln Agremrent withmt tlK wril- tm mnsem d the ebm. Thu Agr«rrlmt doll rot confer any heeelie m right upm my palm a entity other Nor yin. m orb our pumas. nentbas, mmagen, dirmma, o(fo- cart, eroploy«s, agmn aril srAcwbacrors. Qu Dermas, members, nmtyen, dv«tort, olficrn, errgloyeet, agmn roil srbmntrsaas sMll Mve ad sMll M rattled m the pr«ectim afforded m tmda PeryrrpM 10, Il, le, 17, 31 cod 23 of thu Agr«senL Despite myMing m this Paragraph 17 b the contrary, we rosy empty ivdep<ndmt nn- suhmu, aswuiabs, roil stbmwtradas m ve nmy deem necesmy b render Ne Services and we may ensign our right ro receiv<mtrymWion antler this Agreerttntt. IL Appgebk Law cad Fenm Selmka. TM Comrwmvnl0 of Virginw's kws dull govern this Agrcemmt m dl respects, ia1 Wing mtkss of conswctoa vdidity, avd paiammm. Exap1 m pmvidedm Paragraph 19. tM parties agt« tMt Ne awrn d .. . . Divuioq (bgmha,'Courn'~ ahW Mve mdmive jutsdiclim ow mY coobovttry, incltrmy rodtaa of avoMrayim, validity. and pafamence, arising out of this Agreaant. The yaks annum w the jurisdiction of the Courts and waive arty obj«tbn either parry might otherwiu M enttkd w asset regaNiy jurisdiction. TM panic irrerocabry waive dl dght b nut by jtuy in arty actor, proaalittg, a mumereldm misiog wt of a Mated w this Agrtment. 19. Arbltntlop d Ora Calms far Cempewsatba. Imted of proceediy m mur4 we, in our ink aM Wwlute discretion, rosy submit my claim for mttlDenu- tbo due m tntda this Agtetr«nt b erbinaton in Faisfm-Fnayr-~Yirgwia in a«ordme with tlrc Camtruction Industry Arbitrmim Ruka d the Anenno ANitntion Assoriatoa and jtdgrxnt upm the ubitretion mead wy M mtard in mY coon Mvingjurisdittion. Ym agree rot m sssen my eoumarkim m mY Oefenu by way of sa- oR m auaE arbibatoq and Wm the arMbma a pmel shill Mve m att16oriry b eomidsr, a ro rtoda, m award hosed rryon my such <amkrtnint a detmx by w'aY d sa-ofl: W< shill Mve she right b evithdmw am deroard fa arbiwtien u arty tore before de arbrbaton hexing sons by giving written roti« m the arMtmta a pant asd yin: and upon tle giving dauN nabi« by tst, tM arbitrmion dull tmdrmx, m award sIW I M rendnd, attl we may tlen purse our rmedim io aocadmoe with Paragaph IS shove. 20. SneraMRry. if auy pmt, term, m prwuion otbis Agrtemmt is Mb m M illegal «unenforcaable, the validity aril edotceebihry of the remddy pare, terms, and pmvuian ofwis Agrarmnt shell two M affected, btd a«h parry's righn chill M crosbued end enfa«d u if tM Agrtmtent did not contain de~illegl a mmforteabk pat, tens, a providm. 2I. limkatkws w llshgky. Qu liability fa arty mss, property damye a bodily injury of m to Ym nosed in whole a in put b)' m in tM perfonun« d this Ayanem, m Ibis agreement voy from tole m lime M arnende4 a in the perfamma of mY sttppkmeonry miar in coy way rekkd to mis Apeatent, stall M limitd in 1M agpegme m tle anwunt dfar Chet ym:hwe psid m m fa me Smiar. 7'he panic iolmd Wt tle foregoing limiotm m IieMliry salt Wp1Y w dl elsims, wheMa aom4 iy in tat, m contract. a in wmWy. Ym nlnre, waive, and shill nor a«k emtribution frary or indarmifintion by, us fa my cldms ofmy Wurc rrwde egamo you by my otMr perm who mry antler my loss, property damage m bodily hmjury in my rmnna associated wiN our miar, a our penttert, mambos, mmyas, direcrort, oReas, ertgbyees, yens roil au6ceotracson ttoda this Agnepent, u This Ap«mmt may frao tore b tore M amended, a my sttppkrmpury servim in my way relmd to urn Agreenent W< sMR rot M table b yin, in my evem m fa ay' ammmt. fa delays; m la consequential, special or i«idrnW dsorgm; a fm woitix a mermlary damages. Slwuld yin foul the krma of mia Puagnph 2I(tmmaotabla Drepmed b nmotime tmd'f t cons'daat f inbl surNm w our add'tm I' entt~' cT7 22. Pgaaent of Anaaey's Pees. TM bring pwty dull pay Ne wimiy party's rtascoable momry's fees and e:pmses fa 1M proseeutm m defame of mY nux of action, cldm a demmd miring urtda mu Agreement in my man a in mbitratbn. ' 24. lategratoo Ckax. 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NO. 41472 ~~~!- ~~~ Dsvis.g~`ErwY ~ 500 ~wKK..vp'y, fVW 1 46T PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 11-IS-2011 Resolution Supporting Amendment to the City of Danville's portion of the joint City-County ACTION: Enterprise Zone Yes SUBJECT/PROPOSAL/REOUEST: Resolution supporting enterprise zone amendment by the City of Danville STAFF CONTACT(S): Mr. Sides Mr. Sleep CONSENT AGENDA: ACTION: ITEM NUMBER: 14 INFORMATION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: /~ U4, BACKGROUND: The City of Danville and Pittsylvania County created a Joint Enterprise Zone (#57) in 2001, through an application to the Virginia Department of Housing and Community Development. The Enterprise Zone has defined boundaries and allows new and expanding industries located within the zone to qualify for both local and state economic development incentives. The joint zone is administered separately by each jurisdiction and the local incentives vary between the City and the County. Each jurisdiction participating in a joint zone may amend its portion of the zone once every 12 months. DISCUSSION: The City of Danville is submitting an application to the Virginia Department of Housing and Community Development to amend its portion of the Joint Enterprise Zone. The City is proposing amendments to its local incentives to improve utilization and increase effectiveness. Any time that an amendment to a joint zone is requested, there must be a resolution of support from the other participating locality. The amended local incentives will only apply to the portion of the joint zone that is physically located within the city limits of the City of Danville. In any portion of the zone located within the City that is owned by the Danville- Pittsylvania Regional Industrial Facility Authority (RIFA), the County will be responsible for funding 50% of the value of the amended economic development incentives. RECOMMENDATION: 'The Pittsylvania County Board of Supervisors needs to approve a resolution and authorize the County Administrator to sign a Joint Application Amendment Agreement as part of the required application to the state. Staff submits the required Resolution supporting the EZ amendment application and authorizing signature of the application by the County Administrator. P62 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Resolution Supporting the Upper Banister River Total Maximum Daily Load (TMDL) Plan SUBJECT/PROPOSAL/REOUEST: AGENDA DATE: 11-15-2011 ACTION: Yes CONSENT AGENDA: ACTION: Resolution supporting the water quality goals of the Upper Banister River TMDL Plan STAFF CONTACT(Sl: Mr. Sides Mc Sleen ATTACHMENTS Yes REVIEWED BY: ITEM NUMBER: 15 INFORMATION: "i INFORMATION: BACKGROUND: The Upper Banister River and Tributazies watershed is located within Pittsylvania County. Segments of the Banister River, Beazskin Creek, Cherrystone Creek, Stinking River, and Whitehorn Creek were listed as impaired for bacteria on Virginia's 1996, 2002, 2004, and/or 2006 303(d) Impaired Waters Lists. These streams do not meet the primary contact recreation standard which is designed to protect human health and reduce the risk of illness or infections when swimming or splashing in the water. When a stream fails to meet the water quality standards, it is listed as impaired, or "dirty", on the Clean Water Act's (CWA) Section 303(d) list. When this occurs, the CWA and the U.S. Environmental Protection Agency (EPA) both require that states develop a Total Maximum Daily Load (TMDL) for each pollutant. A TMDL is a "pollution budget" for a stream. That is, it sets limits on the amount of pollution that a stream can tolerate and still maintain water quality standards. A TMDL accounts for seasonal variations and must include a margin of safety (MOS). The TMDL study was approved by EPA in November 2007. DISCUSSION: Once a TMDL is developed for an impaired stream, the next step is to develop a plan identifying how and when the pollutant reductions in the TMDL can be achieved. A TMDL implementation Plan (IP) describes actions that can be taken by landowners in the watersheds along with local governments, which can include the use of better treatment technology, educational activities and programs, and the installation of best management practices (BMPs) that will ultimately result in improved water quality in the stream. The Virginia Department of Conservation and Recreation conducted a series of local public and committee meetings in developing the Upper Banister TMDL Implementation Plan and the draft plan has been completed. The Plan has been supported by the Pittsylvania County Agriculture Development Board. RECOMMENDATION: Staff submits a Resolution supporting the Upper Banister River'I'MDL Implementation Plan with the goal of improving water quality and obtaining state and federal funding and technical assistance for cost share and best management practices. Psa PITTSYLVANIA COUNTY BOARDOF SUPERVISORS RESOLUTION OF SUPPORT FOR THE UPPER BANISTER RIVER TOTAL MAXIMUM DAILY LOAD (TMDL) IMPLEMENTATION PLAN 2011-11-OS VIRGINIA: At the adjourned meeting of the Pittsylvania County Boazd of Supervisors held on Tuesday, November 15, 2011, in the General District Courtroom of the Edwin R. Shields Courthouse Addition, in Chatham Virginia, the following resolution was presented and adopted: WHEREAS, the Upper Banister River and Tributazies watershed is located within Pittsylvania County and segments of the Banister River, Bearskin Creek, Cherrystone Creek, Stinking River, and Whitehorn Creek were listed as impaired for bacteria on Virginia's 1996, 2002, 2004, and/or 2006 303(d) Impaired Waters Lists; and WHEREAS, these streams do not meet the primary contact recreation standazd which is designed to protect human health and reduce the risk of illness or infections when swimming or splashing in the water; and WHEREAS, the water quality of these streams and tributaries impact scores of citizens in terms of their livelihood, recreation and public safety; and WHEREAS, Best Management Practices can be implemented and encouraged through the use of state and federally assisted cost shaze programs and via the use of specific technical assistance to significantly reduce the bacterial counts in these tributaries to improve the health, safety and welfaze of local residents; then BE IT HEREBY RESOLVED, that the Board of Supervisors of Pittsylvania County supports the goal of the Upper Banister River TMDL Implementation Plan to improve water quality and encourages the Virginia Department of Conservation and Recreation to proceed with their attempts to receive plan approval by the Virginia State Water Control Boazd and to facilitate and fund the necessary corrective actions to provide safe water for consumption or recreation by all county residents. Given under my hand this 15th day of November, 2011. Tim Barber, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors P65 P66 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Appointment -Pittsylvania County Industrial 11-15-2011 16 Development Authority Board ACTION: INFORMATION: SUBJECT/PROPOSAL/REOUEST: Yes Westover District Appointment to the Industrial CONSENT AGENDA: Development Authority Board ACTION: INFORMATION: STAFF CONTACT(S): ATTACHMENTS No William D. Sleeper REVIEWED BY: BACKGROUND: Mr. Ronald "Ron" McMahon, Westover District Representative to the Pittsylvania County Industrial Development Authority Board, currently holds a term seat that will expire November 30, 2011. Mr. McMahon is eligible for re-appointment to this seat on the Industrial Development Authority Board. This would be a four (4) year term that would run from December 1, 2011 -November 30, 2015. RECOMMENDATION: Staff submits this to the Board of Supervisors for their review and consideration. P67 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY ', AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Appointment -Pittsylvania County Planning 11-15-2011 17 Commission ACTION: INFORMATION: SUBJECT/PROPOSAL/REOUEST: Yes Westover District Appointment to the Industrial CONSENT AGENDA: Development Authority Board ACTION: INFORMATION: STAFF CONTACT(S): ATTACHMENTS: No I William D. Sleeper REVIEWEll BY: BACKGROUND: Dr. Charles H. Millner, Banister District Representative to the Pittsylvania County Planning Commission, currently holds a commission seat that will expire on November 30, 2011. DISCUSSION: Attached hereto, you will find a letter from the Planning Commission asking the Board of Supervisors to consider approving the re-appointment of Dr. Millner as the Banister District Representative to the Planning Commission. The new term from this seat will be from December 1, 2011 to November 30, 2015 and Dr. Millner is eligible for re-appointment. RECOMMENDATION: Staff submits this to the Board of Supervisors for their review and consideration. P68 PITTSYLVANIA COUNTY VIRGINIA Department of Code CompDance P.O. Drewer D Chatham. Vlrglnia 24891 Odle H. Shelton, Jr., Dtrector Phone Nomtrors: Inspections (434) 492-7788 Zonlag (434( 492-77E1 Fa: (494)432-7919 (intna/Hart (494) 868-8211 MEMORANDUM TO: W/i~lliyaetm~~D. Sleeper, County Administrator FROM: Odt~e,H Shelton, Jr., Director of Code Compliance/Zoning Administrator SUBJECT: Appointment of Planning Commission Member DATE: September 23, 2011 Please place the appointment of a Planning Commission member on the Boazd of Supervisors' agenda for the meeting of October 3, 2011. This member will represent the Banister District. Dr. Chazles Miller's teen will expire on November 30, 2011. The new term will be from 2011 to 2015. Should you have any questions regarding this matter, please feel free to contact me at any time. OHS, Jr./khb C: Greg Sides, Assistant County Administrator Morris Stowe, Planning Commission Chairman P69 CLOS ~.D MEETI~iG P70 REPOR"i'S :PRO VI BOAR) VIE~IBERS P71 REPORTS FROM LEGAL COUVSEL P72 REPO STS F'dO Vi COgJNTY AD VIINI3TRA~'OR P73 ~nJOU Div v~EV~r P74