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07-01-2013 BOS PKT6xii,x& 5 644�� BOARD PACKET BOARD OF SUPERVISORS REGULAR MEETING JULY It 2013 1767 Pl PITTSYLVANIA COUNTY BOARD OF SUPERVISORS REGULAR MEETING MONDAY, JULY 1, 2013 GENERAL DISTRICT COURTROOM EDWIN R. SHIELDS COURTHOUSE ADDITION AGENDA Call to Order — 7:00 p.m. 2. Roll Call BarberO Barksdale0 Bowman0 EckerO Hagerman0 Harville0 SneadO 3. Pledge of Allegiance 4. Emergency Items to be Added to the Agenda Motion by BarberU BarksdaleO BowmanO EckerO HagermanO Harville0 SneadO Seconded by BarberO Barksda&17 Bowman0 EckerO HagermanO Harville0 SneadO (a) Extended Contract for Motorola — Pages 10 -29 (b) Resolution of Support — Connection of Berry Hill Road and the Danville Expressway — Pages 30 -31 APPROVAL OF AGENDA Motion by Barber0 BarksdaleO BowmanO EckerO Hagerman0 Harville0 SneadO Seconded by Barber0 BarksdaleO Bowman0 EckerO Hagerman0 Harville0 SneadO HEARING OF CITIZENS CONSENT AGENDA Motion by Barber0 Barksdale0 BowmanO EckerO HagermanO HarvilleO SneadO Seconded by Barber0 Barksdale0 Bowman0 EckerO Hagerman0 Harville0 SneadO 5(a) Minutes: June 3, 2013 — Regular Meeting — Pages 34 -37 June 18, 2013 — Adjourned Meeting — Pages 38 -64 June 24, 2013 — Joint Meeting of Pittsylvania County Board of Supervisors /Industrial Development Authority (IDA) Pages 65 -66 Motion by Barber0 BarksdaleO Bowman0 EckerO Hagerman0 Harville0 SneadO Seconded by Barber0 Barksdale0 BownumU EckerO Hagerman0 Harville0 SneadO 5(b) Bill List — June 2013 (Online) Motion by Barber0 Barksdale0 Bowman0 EckerO Hagerman0 Harville0 SneadO Seconded by Barber0 BarksdaleO Bowman0 EckerO HagernumO Harville0 SneadO 5(c) Out of State Travel — Victim Witness — Page 67 UNFINISHED BUSINESS Motion by BarberO BarksdaleO Bowman17 EckerO Hagerman0 HarvilleO SneadO Seconded by Barber0 BarksdaleO BownumO EckerO Hagerman0 Harville0 SneadO 6. Ringgold Volunteer Fire Department Ladder Truck —At the June 18, 2013 Adjourned Meeting, a motion was made by Mr. Snead, seconded by Mr. Harville, which required a 10 -Day Layover that has now been met. Requires a Roll Call Vote. — Pages 69 -70 Roll Call Vote (Roll Call Vote Y or N) Y N A Barber ❑ ❑ ❑ Barksdale ❑ ❑ ❑ Bowman ❑ ❑ ❑ Ecker ❑ ❑ ❑ Hagerman ❑ ❑ ❑ Harville ❑ ❑ ❑ Snead ❑ ❑ ❑ (Roll Call Vote Y or N) 7 Motion by BarberO Barksdale0 Bowman0 EckerO Hagerman0 Harville0 SneadO Seconded by Barber0 BarksdaleO BowmanO EckerO HagernumO HarvilleO SneadO Amendments to Board of Supervisors' Bylaws on Conflict of Interest —At the June 18, 2013 Adjourned Meeting, a motion was made by Mr. Harville, seconded by Mr. Snead, which required a 10 -Day Layover that has now been met. Requires a Roll Call Vote. — Pages 71 -86 Roll Call Vote (Roll Cal/ Vote Y or N) NEW BUSINESS Motion by Barber0 BarksdaleO Bowman0 EckerO Hagerman0 Harville0 SneadO Seconded by Barber0 BarksdaleO Bowman0 EckerO HagermanO Harville0 SneadO 8. Recommendations from Property & Buildings Committee — The Property & Buildings Committee will meet at 4 :00 pm and any recommendations coming from that committee will be presented to the full Board of Supervisors — Pages 88 -89 (a) Discuss the issue concerning the Mountain Valley Beagle Club Motion by Barber0 BarksdaleO Bowman0 EckerO HagermanO HarvilleO SneadO Seconded by Barber0 Barksdale0 Bowman0 EckerO Hagerman0 HarvilleO SneadO 9. Recommendations from the Legislative Committee — The Legislative Committee will meet at 4:30pm and any recommendations coming from that committee will be presented to the full Board of Supervisors— Pages 90 -91 (a) ri...eussien on proposed di on Adelt Stores STRIKE FROM AGENDA (b) Review County Noise Ordinance Y N A Barber ❑ ❑ ❑ Barksdale ❑ ❑ ❑ Bowman ❑ ❑ ❑ Ecker ❑ ❑ ❑ Hagerman ❑ ❑ ❑ Harville ❑ ❑ ❑ Snead ❑ ❑ ❑ (Roll Cal/ Vote Y or N) NEW BUSINESS Motion by Barber0 BarksdaleO Bowman0 EckerO Hagerman0 Harville0 SneadO Seconded by Barber0 BarksdaleO Bowman0 EckerO HagermanO Harville0 SneadO 8. Recommendations from Property & Buildings Committee — The Property & Buildings Committee will meet at 4 :00 pm and any recommendations coming from that committee will be presented to the full Board of Supervisors — Pages 88 -89 (a) Discuss the issue concerning the Mountain Valley Beagle Club Motion by Barber0 BarksdaleO Bowman0 EckerO HagermanO HarvilleO SneadO Seconded by Barber0 Barksdale0 Bowman0 EckerO Hagerman0 HarvilleO SneadO 9. Recommendations from the Legislative Committee — The Legislative Committee will meet at 4:30pm and any recommendations coming from that committee will be presented to the full Board of Supervisors— Pages 90 -91 (a) ri...eussien on proposed di on Adelt Stores STRIKE FROM AGENDA (b) Review County Noise Ordinance (c) Discussion of proposed Grass Ordinance (d) Discussion on how Solid Waste Fee Forms are handled (e) Discussion on a proposed registration for all Business Applications and proposed Registration of all Existing Businesses (f) Review of proposed amendments to Credit Card Policy (g) Proposed amendment to the Pittsylvania County Bylaws; Article II, Meeting 2.6, to reflect the following changes (1) Insert "Presentations /Recognition of Achievement" immediately following "Consent Agenda" (2) Change wording following "Public Hearings" to Other Presentations" immediately before Hearing of the Citizens (h) Discussion of regulation of Mining in the County Zoning Ordinance Motion by Barber0 BarksdaleO BowmanO EckerO Hagerman0 HarvilleO SneadO Seconded by Barber0 Barksdale0 Bowman0 EckerO HagermanO HarvilleO SneadO 10. Contract Amendment — Federal Engineering — Pages 92 -93 Motion by Barber0 Barksdale0 Bowman0 EckerO Hagerman0 Harpille0 SneadO Seconded by Barber0 Barksdale0 Bowman0 EckerO HagermanO Harville0 SneadO 11. Expenditure Refunds — Requires a motion and a 10 -Day Layover — Pages 94 -95 Motion by Barber0 BarksdaleO Bowman0 EckerO HagermanO Harville0 SneadO Seconded by Barber0 Barksdale0 Bowman0 EckerO Hagerman0 Harville0 SneadO 12. Vo -Tech Tobacco Grant Appropriation — Pages 96 -98 Motion by Barber0 Barksdale0 Bowman0 EckerO Hagerman0 Harville0 SneadO Seconded by Barber0 Barksdale0 Bowman0 EckerO Hagerman0 Harville0 SneadO 13. Year -End Transfers and Appropriations —Pages 99 -100 Motion by Barber0 Barksdale0 Bowman0 EckerO HagermanO Harville0 SneadO Seconded by Barber0 Barksdale0 Bowman0 EckerO Hagerman0 Harville0 SneadO 14. Transfer for Jail Repairs —Page 101 APPOINTMENTS Motion by Barber0 Barksdale0 Bowman0 EckerO Hagerman0 Harville0 SneadO Seconded by Barber0 BarksdaleO Bowman0 Ecker[7 Hagerman0 HarvilleO SneadO BOARD ANNOUNCEMENTS REPORTS FROM LEGAL COUNSEL REPORTS FROM COUNTY ADMINISTRATOR —Pages] 05-115 CLOSED SESSION Adjournment Motion by BarberO BarksdaleO BowmanO EckerO HagermanO Harville0 SneadO Seconded by Barber0 BarksdaleO Bowman0 EckerO Hagerman0 Harville0 SneadO Time Adjourned: TO BE ADDED P9 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Motorola Service Contract Extension SUBJECT/PROPOSAL/REQUEST: Contract Extension for Radio Services STAFF CONTACT(S): Messrs. Davis, Sleeper BACKGROUND: AGENDA DATE: July 1, 2013 ACTION: Yes ITEM NUMBER: 4(a) INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Contract /SOW TT<]iTlZ 1TT Tom)_ Pittsylvania County is completing our new 700Mhz radio project. System completion date is scheduled for September 2013. With the current radio system that was purchased from and installed by Motorola Solutions, Inc. their yearly service contract expired on June 30, 2013. It was not budgeted or anticipated to be needed with the new radio system that is being installed. Because of the Smith Mountain Tower site creating delays to the system being completed and due to weather related issues over the last six months, we are not anticipating to turn on the new system until September 2013. Therefore, Mr. Davis has consulted with Federal Engineering and Motorola Solutions, Inc to provide a 90 day extension to the old system. This service contract extension will keep the current radio system with a maintenance contract until the new system is completed and accepted by the County. Staff recommends to take $15,270.45 from FY2012/2013 E -911 Budget Line item 100 -4- 035500- 332000 and cant' over to FY2013/2014 and authorize the County Administrator to sign the contract with Motorola Solutions, Inc. P10 ® MOTOROLA SOLUTIONS Statement of Work Prepared For: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS 21 N MAIN ST P O BOX 426 CHATHAM, VA 24531 PH 0 MOTOROLA SOLUTIONS Statement of Work Definitions 1.0 Definitions These defined terms might not apply to every Statement of Work. Capitalized terms below and not otherwise defined within the Statement of Work, or in the Communications System Agreement or other applicable agreement (collectively, "Agreement ") have the following meanings: 1.1. Box Unit Test: Unit is tested in a fixture that simulates the functions for which it was designed, engineered, or manufactured to insure that it meets manufacturer specifications. 1.2. Case: Electronic tracking document for requests for service through the System Support Center. 1.3. Case Status: Identifier of the status of a Case from beginning to end. 1.4. Component(s): Motorola new or refurbished parts of equal quality. 1.5. Configuration Change Support: A change in a user - defined parameter, which may include a change in the placement of a dispatch console talkgroup window. Fleet mapping is not included in Configuration Change Support. 1.6. Connectivity: Establishment of remote access to the System via dial up or fixed dedicated links. 1.7. Continuously /Continuous: Seven (7) days per week, twenty-four (24) hours a day, including holidays. 1.8. Customer: The end -user Customer as identified in the Agreement. 1.9. Customer Support Plan: A document mutually developed by Motorola and the Customer that provides information about the Customer and the System and describes the specific processes by which Motorola will deliver and the Customer will receive the services described in this Statement of Work. 1.10. Elements: Those device types present on the Customer's System whose status may be communicated to the SSC. 1.11. Equipment: The equipment specified in the Equipment List as set forth in the Agreement, including any additions to the Equipment List during the Warranty Period. 1.12. Enhanced System Support (ESS) Period: The 12 month period commencing at the start of the Warranty Period for Equipment and Software as defined by the Agreement. 1.13. Event: An alarm or informational notification received by Motorola through the Network Management tools. 1.14. Feature: A Software functionality 1.15. Federal Technical Center: A Motorola facility located in Lanham, Maryland, the purpose of which is to serve as Motorola's centralized location for radio repair for United States Federal Government Customers. 1.16. Firmware: Software in object code form that is implanted or embedded in hardware. 1.17. FRU: Field Replaceable Unit, typically a board or module, contained within the Infrastructure. 1.18. Infrastructure: The fixed Equipment excluding mobiles, portables, and accessories. 1.19. Infrastructure Depot Operations (IDO): A Motorola facility, which serves as Motorola's centralized location for infrastructure repair. 1.20. Loaner: Infrastructure that is owned by Motorola and serves as a temporary replacement while the Customer's Infrastructure is being repaired. 1.21. Maintenance: The process for determining the cause of Equipment failure, removing, repairing, or replacing Components necessary to conform the Equipment with the manufacturer's specifications along with system- specific specifications, delivering and reinstalling the Components„ and placing the Equipment back into operation. 1.22. MCNS: Mission Critical Network Services 1.23. Motorola Software: Software whose copyright is owned by Motorola or its affiliated company 1.24. Non - Motorola Software: Software whose copyright is owned by a party other than Motorola or its affiliated company. 1.25. Notification: The point in time when the Customer contacts Motorola and requests service. 1.26. Optional Feature: An additional Feature issued with a System Release that is available to Customer at additional cost. 1.27. Radio Support Center (RSC): A Motorola facility which serves as Motorola's centralized location for radio repair. 1.28. Response: The event when a technician, a remote systems technologist or a remote network specialist begins actively to work on the technical issue, remotely or on -site, as determined by Motorola. 1.29. Restore/Restoration/Restoral: The effort required to bring Equipment to the level for which it was designed, engineered and adjusted for performance in accordance with the manufacturer's published specifications, although such Equipment may not necessarily be malfunctioning. 1.30. Servicer: A Motorola Authorized Service Station or Motorola Field Service personnel. P12 1.31. Severity Level: The degree of adverse impact of an issue or Event. 1.32. Software: The software famished with the System, including any Motorola Software and Non - Motorola Software. 1.33. Software License Agreement: The agreement or portion of an agreement pursuant to which Motorola licenses Software to Customer, including System Releases. 1.34. Special Product Feature: A Feature that is specially developed for Customer and which contains a functionality that is unique to Customer. 1.35. Standard Business Day: Monday through Friday, 8:30 a.m. to 4:30 p.m., local time, excluding Motorola holidays. 1.36. Standard Feature: A software functionality for components of Customer's System that is available to Customer in the standard software release 1.37. Start Date: Effective start date as listed on the Agreement. 1.38. System: The communications system as defined in the Communications System Agreement or other applicable Agreement. 1.39. System Acceptance: Unless otherwise defined in the Communications System Agreement, the date upon which Motorola has successfully completed all of the System Tests as described in the acceptance test plan. 1.40. System Support Center (SSC): A Motorola facility which serves as Motorola's centralized system support facility to compliment the field support resources 1.41. System Release: One software version release on a particular platform. ASTRO 25 6.3 example is where 6 is the platform indicator and .3 is software version release indicator. 1.42. System Test: Unit is tested in a Motorola manufactured system of similar type from which the unit was designed to test all functionality of the unit to insure that it meets manufacturer specifications. 1.43. Systemic: A recurring Software or hardware defect that significantly affects the operation of the System. 1.44. Technical Support Operations (TSO): A centralized telephone support help desk that provides technical support for Motorola customers who have purchased products from Motorola (Networks & Enterprise) or who have a contract for technical support services. 1.45. Vendor: Any manufacturer (other than Motorola) or third party that services or repairs Infrastructure or subscriber equipment 1.46. Verification:Contacting the appropriate designated person to verify the System is operational (original problem resolved) and closing the Case. 1.47. Work - around: A change in the followed procedures or data supplied by Vendor to avoid error without substantially impairing use of the Equipment. 1.48. Work Flow: A step -by -step process including instruction or direction for routing, handling, and processing information at a given agency. Definitions Approved by Motorola Contracts & Compliance 10 -31 -2006 P13 ® MOTOROLA SOLUTIONS Statement of Work Infrastructure Repair with Advanced Replacement 1.0 Description of Services Infrastructure Repair is a repair service for Motorola and select third party Infrastructure as set forth in the applicable attached Exhibit(s), all of which are hereby incorporated into this Statement of Work (SOW) by this reference. Customer's System type determines which exhibit is applicable (i.e. SmartZone system exhibit, SmartNet system exhibit). Infrastructure may be repaired down to the Component level, as applicable, at the Motorola Infrastructure Depot Operations (IDO). At Motorola's discretion, select third party Infrastructure may be sent to the original equipment manufacturer or third party vendor for repair. If Infrastructure is no longer supported by the original equipment manufacturer or third party vendor, Motorola may replace Infrastructure with similar Infrastructure, when possible. When available, Motorola will provide Customer with an Advanced Replacement unit(s) or FRU(s) in exchange for Customer's malfunctioning FRU(s). Non - standard configurations, Customer- modified Infrastructure and certain third party Infrastructure are excluded from Advanced Replacement service. Malfunctioning FRU (s) will be evaluated and repaired by IDO and returned to IDO FRU inventory upon completion of repair. In cases where Advanced Replacement is not available or when a Customer requires the exact serial number to be returned, a FRU may be available on a Loaner basis. The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1 Use commercially reasonable efforts to maintain an inventory of FRU. 2.2 Provide new or reconditioned units as FRU to Customer or Servicer, upon request and subject to availability. The FRU will be of similar kit and version, and will contain like boards and chips, as the Customer's malfunctioning Infrastructure. 2.3 Program FRU to original operating parameters based on templates provided by Customer as required in Section 3.5. If Customer template is not provided or is not reasonably usable, a standard default template will be used. 2.4 Properly package and ship Advanced Replacement FRU from IDO's FRU inventory to Customer specified address. 2.4.1 During normal operating hours of Monday through Friday 7:00am to 7:00pm CST, excluding holidays, FRU will be sent next day air via Federal Express Priority Overnight or UPS Red, unless otherwise requested. Motorola will pay for such shipping, unless Customer requests shipments outside of the above mentioned standard business hours and/ or carrier programs, such as NFO (next flight out). In such cases, Customer will be subject to shipping and handling charges. 2.4.2 When sending the Advanced Replacement FRU to Customer, provide a return air bill in order for Customer to return the Customer's malfunctioning FRU. The Customer's malfunctioning FRU will become property of IDO and the Customer will own the Advanced replacement FRU. 2.4.3 When sending a Loaner FRU to Customer, IDO will not provide a return air bill for the malfunctioning Infrastructure. The Customer is responsible to arrange and pay for shipping the malfunctioning Infrastructure to IDO. IDO will repair and return the Customer's Infrastructure and will provide a return air bill for the customer to return IDO's Loaner FRU. 2.5 Provide repair return authorization number upon Customer request for Infrastructure that is not classified as an Advanced Replacement or Loaner FRU. 2.6 Receive malfunctioning Infrastructure from Customer and document its arrival, repair and return. 2.7 Perform the following service on Motorola Infrastructure: 2.7.1 Perform an operational check on the Infrastructure to determine the nature of the problem. 2.7.2 Replace malfunctioning FRU or Components. P14 2.7.3 Verify that Motorola Infrastructure is returned to Motorola manufactured specifications, as applicable 2.7.4 Perform a Box Unit Test on all serviced Infrastructure. 2.7.5 Perform a System Test on select Infrastructure. 2.8 Provide the following service on select third party Infrastructure: 2.8.1 Perform pre - diagnostic and repair services to confirm Infrastructure malfunction and eliminate sending Infrastructure with no trouble found (NTF) to third party vendor for repair, when applicable. 2.8.2 Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor for repair service, when applicable. 2.8.3 Track Infrastructure sent to the original equipment manufacturer or third party vendor for service. 2.8.4 Perform a post -test after repair by Motorola, original equipment manufacturer, or third party vendor to confirm malfunctioning Infrastructure has been repaired and functions properly in a Motorola System configuration, when applicable. 2.9 Re- program repaired Infrastructure to original operating parameters based on templates provided by Customer as required by Section 3.5. If Customer template is not provided or is not reasonably usable, a standard default template will be used. If IDO determines that the malfunctioning Infrastructure is due to a Software defect, IDO reserves the right to reload infrastructure with a similar Software version. Enhancement Release(s), if needed, are subject to additional charges to be paid by Customer unless the Customer has a Motorola Software Subscription agreement. 2.10 Properly package repaired Infrastructure unless Customer's malfunctioning FRU was exchanged with an IDO FRU. Motorola will return Customer's FRU(s) to IDO's FRU inventory, upon completion of repair. 2.11 Ship repaired Infrastructure to the Customer specified address during normal operating hours set forth in 2.4.1. FRU will be sent two -day air unless otherwise requested. Motorola will pay for such shipping, unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier programs, such as NFO (next flight out). In such cases, Customer will be subject to shipping and handling charges. 3.0 Customer has the following responsibilities: 3.1 Contact or instruct Servicer to contact the Motorola System Support Center (SSC) and request an Advanced Replacement, or Loaner FRU and a return authorization number (necessary for all non - Advanced Replacement repairs) prior to shipping malfunctioning Infrastructure or third party Infrastructure named in the applicable attached Exhibit. 3.1.1 Provide model description, model number, serial number, type of System and Firmware version, symptom of problem and address of site location for FRU or Infrastructure. 3.1.2 Indicate if Infrastructure or third party Infrastructure being sent in for service was subjected to physical damage or lightning damage. 3.1.3 Follow Motorola instructions regarding inclusion or removal of Firmware and Software applications from Infrastructure being sent in for service. 3.1.4 Provide Customer purchase order number to secure payment for any costs described herein. 3.2 Pay for shipping of Advanced Replacement or Loaner FRU from IDO if Customer requested shipping outside of standard business hours or carrier programs set forth in section 2.4.1. 3.3 Within five (5) days of receipt of the Advanced Replacement FRU from IDO's FRU inventory, properly package Customer's malfunctioning Infrastructure and ship the malfunctioning Infrastructure to IDO for evaluation and repair as set forth in 2.7. Customer must send the return air bill, referenced in 2.4.2 above back to IDO in order to ensure proper tracking of the returned Infrastructure. Customer will be subject to a replacement fee for malfunctioning Infrastructure not properly returned. For Infrastructure and/or third party Infrastructure repairs that are not exchanged in advance, properly package Infrastructure and ship the malfunctioning FRU, at Customer's expense and risk of loss to Motorola. Customer is responsible for properly packaging the Customer malfunctioning Infrastructure FRU to ensure that the shipped Infrastructure arrives un- damaged and in repairable condition. Clearly print the return authorization number on the outside of the packaging. 3.4 If received, Customer must properly package and ship Loaner FRU back to IDO within five (5) days of receipt of Customer's repaired FRU. 3.5 Maintain templates of Software /applications and Firmware for reloading of Infrastructure as set forth in paragraph 2.3 and 2.9. 3.6 For Digital In -Car Video Infrastructure, remove video from equipment prior to sending Infrastructure in P15 for repair. Video retrieval is a separate service and is not included as part of this SOW. Additional services and fee applies. 3.7 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Infrastructure Repair with Advanced Replacement services to Customer. 4.0 In addition to any exclusions named in Section 5 of the Service Terms and Conditions or in any other underlying Agreement to which this SOW is attached, the following items are excluded from Infrastructure Repair with Advanced Replacement: 1. All Infrastructure over seven (7) years from product cancellation date. 2. All Broadband/WiNS Infrastructure three (3) years from product cancellation date. 3. Physically damaged Infrastructure. 4. Third party Equipment not shipped by Motorola. 5. Consumable items including, but not limited to batteries, connectors, cables, tone /ink cartridges. 6. Video retrieval from Digital In -Car Video equipment 7. Test equipment. 8. Racks, furniture and cabinets. 9. Firmware and/or Software upgrades. Conventional System Infrastructure Inclusions, Exclusions, Exceptions and Notes Exhibit Antenna Systems Excludes all Equipment such as bi- directional amplifiers, multicouplers, combiners, tower top pre - amplifiers, antennas, cables, towers, tower lighting, and transmission lines Base Station(s) and Repeater(s) Quantar, Quantro, MTR2000, MTR3000, GTR8000 including IPCCGW. Excludes MICOR and MSF5000 Central Electronics Bank(s) Includes logging recorder interface and network hub Excludes all other technologies see SOW specifically for NICE logging recorders Channel Bank(s) Includes Premisys and Telco. Excludes Siemens Comparator(s) Includes Spectratac, Digitac, ASTRO -tac, GMC8000. Computer(s) Includes computers (Pentium I, II, III, IV) directly interface with or control the communications System, including Systemwatch II, keyboards, mice and trackballs. Excludes laptop computers and all 286, 386,486 computers. Excludes defective or phosphor -burned cathode ray tubes CRT(s) and burned -in flat panel display image retention. Console(s) Includes Centracorn Gold Elite, MCC7500, MCC5500, MIP5000 as part of complete communication System ? including headset jacks, dual footswitches, and gooseneck microphones. Excludes cables and Commandstar mother board CDN6271. Commandstar and Commandstar Lite are also excluded as a P16 ® MOTOROLA SOLUTIONS Statement of Work Local Radio Combo Package 1.0 Description Local Radio Combo Package provides operational check and board level repair services for mobile, portable, two -way and mobile data. An operational check is an analysis of the Equipment to identify external or internal defects. Local Radio Combo Package also includes service on standard palm microphones and single mobile controls heads, provided that they are required for normal operation of the two -way mobile and are included at the point of manufacture. Service is only included on Equipment specifically named in the applicable Agreement to which this Statement of Work is attached. Local Radio Combo Package excludes repairs to: optional accessories; iDEN accessories; iDEN mobile microphones; non - standard mobile microphones, mobile external speakers; optional or additional control heads, single and multiple unit portable chargers; batteries, mobile antennas; mobile power & antenna cables and power supplies. The following services are excluded from Local Radio Combo service unless they are purchased for an additional fee. The services are Pick -up & delivery, Subscriber Preventative Maintenance, Portable Remote Speaker Microphones, Portable Antenna Replacements and Mobile Remote Control Heads. The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1 Service to be performed at the Servicer facility during Standard Business Days. 2.2 Perform an operational check on the Equipment to determine the nature of the problem. 2.3 Remove /reinstall mobile or data Equipment from/to Customer's vehicle as needed for additional servicing. 2.4 Test and Restore the Equipment to Motorola factory specifications. 2.5 Remove any dust, and/or foreign substances from the Equipment. 2.6 Reprogram Equipment necessary to return Equipment to original operating parameters based on the template in the Equipment, if the template information can be retrieved from the Equipment, or from a backup diskette provided by Customer containing the template information. If the Customer template is not provided or not reasonably usable, a generic template utilizing the latest Radio Service Software (RSS) version for that Equipment will be used. The Equipment will require additional programming by the Customer to Restore the original template. 2.7 Notify Customer upon completion of repair for pickup of Equipment. 3.0 Customer has the following Responsibilities: 3.1 Deliver and pick up Equipment to /from the Servicer facility. 3.2 Inform Servicer of description of problem for Equipment brought in for service. 3.3 If the Equipment will not power up, or if desired, supply Servicer with a backup diskette with the Software template or programming in order to assist in returning the Equipment to original operating parameters. If applicable, record the current flashcode for each radio. 3.4 if Motorola must use a generic template to restore Equipment to operating condition, Customer is responsible for any programming required to Restore Equipment to desired parameters. 3.5 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide 3.6 the Local Radio Combo Package service to Customer. Local Radio Combo Package Approved by Motorola Contracts & Compliance 04 -30 -2004 P17 aMOTOROLA SOLUTIONS Statement of Work Local Radio Combo Package w /Pick -up & Delivery 1.0 Description Local Radio Combo Package provides operational check and board level repair services for mobile, portable, two -way and mobile data. An operational check is an analysis of the Equipment to identify external or internal defects. Local Radio Combo Package also includes service on standard palm microphones and single mobile controls heads, provided that they are required for normal operation of the two -way mobile and are included at the point of manufacture. Equipment will be picked up from and delivered to the Customer's location, within a designated radius of the Servicer facility. Schedule pickups will be mutually agreed upon and outlined in the Customer Support Plan. Local Radio Combo Package excludes repairs to: optional accessories; MEN accessories; MEN mobile microphones; non - standard mobile microphones, mobile external speakers; optional or additional control heads, single and multiple unit portable chargers; batteries, mobile antennas; mobile power & antenna cables and power supplies. The following services are excluded from Local Radio Combo service unless they are purchased for an additional fee. The services are Subscriber Preventative Maintenance, Portable Remote Speaker Microphones, Portable Antenna Replacements and Mobile Remote Control Heads. Service is only included on Equipment specifically named in the applicable Agreement to which this Statement of Work is attached. The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1 Repair service to be performed at the Servicer facility during Standard Business Days. 2.2 Perform an operational check on the Equipment to determine the nature of the problem. 2.3 Remove /reinstall mobile or data Equipment from/to Customer's vehicle as needed for additional servicing. 2.4 Test and Restore the Equipment to Motorola factory specifications. 2.5 Remove any dust, and/or foreign substances from the Equipment. 2.6 Reprogram Equipment necessary to return Equipment to original operating parameters based on the template in the Equipment, if the template information can be retrieved from the Equipment, or from a backup diskette provided by Customer containing the template information. If the Customer template is not provided or not reasonably usable, a generic template utilizing the latest Radio Service Software (RSS) version for that Equipment will be used. The Equipment will require additional programming by the Customer to Restore the original template. 2.7 Notify Customer upon completion of repair. 2.8 Use reasonable efforts to pickup and deliver Equipment per the mutually agreed upon Customer location, days of week, and preferred time. If a pick up /delivery cannot occur according to the preferred schedule, Customer will be contacted prior to the scheduled pick up /delivery, to arrange a mutually agreeable alternative date and/or time for pick up /delivery. 2.9 Generate service receipt and leave with Customer. 3.0 Customer has the following Responsibilities: 3.1 Designate mutually agreeable location for service pickup and delivery, days of week, and preferred time. 3.2 Provide Servicer a description of problem along with unit needing service. 3.3 If the Equipment will not power up, or if desired, supply Servicer with a backup diskette with the Software template or programming in order to assist in returning the Equipment to original operating parameters. If applicable, record the current flashcode for each radio. Local Radio Combo Package with Pick Up & Delivery Approved by Motorola Contracts & Compliance 04 -30 -2004 P18 0 MOTOROLA SOLUTIONS Statement of Work OnSite Infrastructure Response With Local Dispatch 1.0 Description of Service OnSite Infrastructure Response provides for on -site technician Response by a Servicer. A Servicer will respond to the Customer location based on pre - defined Severity Levels set forth in the Severity Definitions Table and Response times set forth in the Response Time Table in order to Restore the System. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola Servicer has the following responsibilities: 2.1 Continuously receive service requests. 2.2 Assign and dispatch technical resources and provide estimated time of arrival (ETA) to Customer. 2.3 Servicer will perform the following on -site: 2.3. I Run diagnostics on the Infrastructure or FRU. 2.3.2 Replace defective Infrastructure or FRU, as applicable. Customer, Servicer or Motorola may provide Infrastructure or FRU. 2.3.3 Provide materials, tools, documentation, physical planning manuals, diagnostic /test equipment and any other requirements necessary to perform the Maintenance service. 2.3.4 If a third party Vendor is needed to Restore the System, the Servicer may accompany that Vendor onto the Customer's premises. 2.4 Verify with Customer that Restoration is complete or System is functional. If Customer cannot be contacted within twenty (20) minutes of Restoration, the Servicer will leave the Customer site. 2.5 Provide the service ticket document to Customer, when requested. Service ticket document should include the following: 2.5.1 Resolution action. 2.5.2 Provide defective FRU or part number (model #) used. 3.0 Customer has the following responsibilities: 3.1 Contact Servicer, as necessary, to request service Continuously. 3.2 Allow Servicers access to Equipment. 3.3 Supply Infrastructure or FRU as needed in order for Motorola to Restore the System as set forth in paragraph 2.3.2. 3.4 Maintain and store in an easily accessible any and all Software needed to Restore the System. 3.5 Maintain and store in an easily accessible location proper System backups. 3.6 For E911 systems, test the secondary/backup PSAP connection to be prepared in the event of a catastrophic failure of a system. Train appropriate personnel on the procedures to perform the function of switching to the backup PSAP. 3.7 Contact the Servicer upon expiration of Response time goal. 3.8 Upon being contacted by the Servicer requesting Verification of a Restoration as described above in Section 2.4, respond to that request within twenty (20) minutes. 3.9 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide this service to Customer. P19 Severity Definitions Table Severity Level Problem Types Severity 1 1. Response is provided Continuously Severity 1 2. Major System failure 3. 33% of System down Severity 2 4. 33% of Site channels down 5. Site Environment alarms (smoke, access, temp, AC power) as determined by the SSC. Severity 3 6. This level is meant to represent a major issue that results in an unusable system, sub - system, Product, or critical features from the Customer's perspective. No Work - around or immediate solution is available. Severity 2 1. Response during Standard Business Day 2. Significant System Impairment not to exceed 33% of system down 3. System problems presently being monitored 4. This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub - system, product, or major non - critical features from a Customer's perspective Severity 3 1. Response during Standard Business Day 2. Intermittent system issues 3. Information questions 4. Upgrades /preventative maintenance 5. This level is meant to represent a minor issue that does not preclude use of the system, sub - system, product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product enhancements or modifications, and scheduled events such as preventative maintenance or product/system upgrades. Response Time Table Severity Level Regular Response Time Severity 1 Within 4 hours from receipt of Notification Continuously Severity 2 Within 4 hours from receipt of Notification Standard Business Day Severity 3 Within 24 hours from receipt of Notification Standard Business Da OnSite Infrastructure Response With Local Dispatch Approved by Motorola Contracts & Compliance: 12 -29 -2003 P20 Special Product SP - MICROWAVE SERVICES SP Microwave Services- 1.0 Description of Services Microwave Services provides repair service of equipment named on the Customer Equipment list by the Servicer. At the Servicer?s discretion and responsibility, Equipment may be sent to Motorola, original equipment manufacturer, or other facility for repair. 2.0 Motorola has the following responsibilities 2.1. Repair equipment at the servicer facility or customer location determined by Motorola. Servicer is responsible for travel costs to a customer location to repair equipment. 2.2. Perform the following on Microwave equipment 2.2.1 Perform an operational check on Microwave equipment to determine the nature of the problem. 2.2.2 Replace malfunctioning components with new or reconditioned assemblies. 2.2.3 Verify that the Microwave equipment is returned to Microwave manufactured specifications. Severity Definitions Table Severity Level Problem Types Severity 1 Response is provided Continuously Major System failure 33 percent of System down 33 percent of Site channels down Site Environment alarms (smoke, access, temp, AC power. This level is meant to represent a major issue that results in an unusable system, sub - system, Product, or critical features from the Customer?s perspective. No Work around or immediate solution is available. Severity 2 P21 Response during Standard Business Day Significant System Impairment not to exceed 33 percent of system down System problems presently being monitored This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub - system, product, or major non - critical features from a Customers perspective Severity 3 Response during Standard Business Day Intermittent system issues Information questions Upgrades or preventative maintenance This level is meant to represent a minor issue that does not preclude use of the system, subsystem, product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recommendations for product enhancements or modifications, and scheduled events such as preventative maintenance or product or system upgrades. Response Time Table (Customer ?s Response Time Classification is designated in the Service Agreement). Severity Level Regular Response Time Premier Response Time Limited Response Time Severity 1 Within 4 hours from receipt of Notification Continuously Within 2 hours from receipt of Notification Continuously Within 4 hours from P22 receipt of Notification Standard Business Day Severity 2 Within 4 hours from receipt of Notification Standard Business Day Within 4 hours from receipt of Notification Standard Business Day Within 4 hours from receipt of Notification Standard Business Day Severity 3 Within 24 hours from receipt of Notification Standard Business Day Within 24 hours from receipt of Notification Standard Business Day Within 24 hours from receipt of Notification Standard Business Day P23 0 MOTOROLA SOLUTIONS Attn: National Service Support/4th tl 1301 East Algonquin Road (800) 247 -2346 Date: 06/25/2013 Company Name: Pittsylvania County Board Of Supervisors Attn: Billing Address: 21 N Main St P O Box 426 City, State, Zip: Chatham,VA,24531 Customer Contact: Jim Davis Phone: (434)432 -7921 SERVICES AGREEMENT Contract Number: S00001000670 Contract Modifier: RN02- APR -13 05:08:43 Required P.O.: No Customer #: 1035700998 Bill to Tag #: 0001 Contract Start Date: 07/01/2013 Contract End Date: 09/28/2013 Anniversary Day: Jun 30th Payment Cycle: ANNUAL PO #: QTY MODEL /OPTION SERVICES DESCRIPTION MONTHLY EXTENDED EXT AMT * * * ** Recurring Services * * * ** SVC01SVC0017C LOCAL RADIO COMBO W /PICK- UP /DLVRY $16.50 $47.90 2 SVC323AC CONSOLETTE -PICK UP & DELIVERY 2 SVC688AA SPECTRA 800/900 CONSOLETTE SVC01SVC1101C INFRASTRUCTURE REPAIR WITH ADV REPL $1,625.82 $4,720.12 5 SVC261AA ENH: CONVENTIONAL SITE 12 SVC262AA ENH: CONVENTIONAL STATION 5 SVC264AA ENH: CONVENTIONAL OPER POSITION SVC01SVC1422C LOCAL RADIO COMBO PACKAGE $6.58 $19.10 2 SVC688AA SPECTRA 800/900 CONSOLETTE SVC01SVC1424C ONSITE INFRASTRUCTURE RESPONSE WITH $2,649.36 $7,691.76 LOCAL DISPATCH SERVICE 1 SVC218AD ENH: OIR WITH LOCAL DISPATCH -SITES 12 SVC219AD STATIONS 5 SVC220AD OPERATOR POSITIONS 8 SVC222AD LINKS 2 SVC224AD REMOTES SVCO2SVC0001C SP - MICROWAVE SERVICES $961.54 $2,791.57 1 MICROWAVE LINK SPECIAL INSTRUCTIONS - ATTACH Subtotal - Recurring Services $5,259.80 $15,270.45 STATEMENT OF WORK FOR PERFORMANCE DESCRIPTIONS Subtotal - One -Time Event Services $ .00 $ .00 Total $5,259.80 $15,270.45 Taxes Grand Total 1 $5,259.80 $15,270.45 THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE APPLICABLE, TO BE VERIFIED BY MOTOROLA. P24 Subcontractor(s) City State MOTOROLA SYSTEM SUPPORT CENTER ELGIN IL COMMONWEALTH RADIO SERVICES INC BLAIRS VA COMMONWEALTH RADIO SERVICES INC BLAIRS VA COMMONWEALTH RADIO SERVICES INC BLAIRS VA COMMONWEALTH RADIO SERVICES INC BLAIRS VA I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms and Conditions, a copy of which is attached to this Service Agreement, is incorporated herein by this reference. AUTHORIZED CUSTOMER SIGNATURE TITLE DATE CUSTOMER (PRINT NAME) MOTOROLA REPRESENTATIVE(SIGNATURE) TITLE DATE Kearns MOTOROLA REPRESENTATIVE(PRINT NAME) Company Name: Pittsylvania County Board Of Supervisors Contract Number: 500001000670 Contract Modifier: RN02- APR -13 05:08:43 Contract Start Date: 07/01/2013 Contract End Date: 09/28/2013 P25 Service Terms and Conditions Motorola Solutions Inc. ("Motorola") and the customer named in this Agreement ( "Customer ") hereby agree as follows Section 1. APPLICABILITY These Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either (1) maintenance, support, or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement. Section 2. DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement Section 3. ACCEPTANCE Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the "Start Date" indicated in this Agreement. Section 4. SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's then - applicable rates for the services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5. EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no P26 obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web or for Equipment malfunction caused by the transmission medium. Section 6. TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge,a non - hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement,the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services,Customer agrees to reimburse Motorola for those charges and expenses. Section 7. CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8. PAYMENT Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. Section 9. WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re- perform the non - conforming Service or to refund, on a pro -rata basis, the fees paid for the non - conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10. DEFAULTITERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non - performing party a written and detailed notice of the default. The non - performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non - performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. Section 11. LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account.This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12. EXCLUSIVE TERMS AND CONDITIONS P27 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order,acknowledgement, or other writing is signed by authorized representatives of both parties. Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters Section 15. COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law Section 16. MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 17. GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2. This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State in which the Services are performed 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party's reasonable control, such as strikes, material shortages, or acts of God. 17.5. Motorola may subcontract any of the work,but subcontracting will not relieve Motorola of its duties under this Agreement. P28 17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a "Separated Business "),whether by way of a sale, establishment of a joint venture, spin -off or otherwise (each a "Separation Event "), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event 17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17.8. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates. Revised Jan 1, 2010 P29 PITTSYLVANIA COUNTY EXECUTIVE SUMMARY AGENDA TITLE: Resolution of Support — Connection of Berry Hill Road and Danville Expressway SUBJECT/PROPOSAL/REQUEST: Resolution to VDOT STAFF CONTACT(S): Mr. Sides Mr. Sleeper AGENDA DATE: 07 -01 -2013 ACTION: YES CONSENT AGENDA: ACTION• INFORMATION• ATTACHMENTS: Yes' REVIEWED BY: 6/ � ITEM NUMBER: 4(b) INFORMATION: Virginia Route 863 (Berry Hill Road) extends from the Virginia state line to U.S. Route 58 Business. This is an important connection between Virginia and North Carolina. Although this section of roadway is entirely within Pittsylvania County, it also serves to connect the Cities of Eden, North Carolina and Danville, Virginia. The Virginia Commonwealth Transportation Board has approved adding this road to the Virginia Primary Highway system. When the U.S. Route 58 bypass (Danville Expressway) was constructed, there was no connection constructed between the Berry Hill Road and the Danville Expressway. DISCUSSION: The County supported an interchange at Berry Hill Road when the Danville Expressway was originally constructed, but it did not meet VDOT standards at that time. Our elected legislator, Delegate Danny Marshall has met with the Secretary of Transportation and requested that access from Berry Hill Road to the Danville Expressway be re- evaluated by VDOT. Access ramps at this location would benefit existing traffic and relieve safety concerns at the intersection of Berry Hill Road and U.S. Route 58 Business, and would also greatly benefit the development of the regionally important Berry Hill Mega Park. The Virginia Department of Transportation has requested a Resolution from the Board of Supervisors supporting ramps or any other connection between Berry Hill Road and the Danville Expressway. RECOMMENDATION: Staff recommends that the Board review and approve the attached Resolution of Support and authorize that it be signed and sent to the Virginia Department of Transportation and the Virginia Secretary of Transportation. P30 ,4(3 Vftt,Wbanfa (County Woarb of 6uper RESOLUTION SUPPORTING INTERCONNECTION BETWEEN RG—. Y HILL ROAD) AND U.S. Route 58 (DANVILLE EXPRESSWAY) RESOLUTION 2013 -07 -01 WHEREAS, Virginia Route 863 (Berry Hill Road), from the Virginia/North Carolina state line to U.S. Route 58, is an important regional transportation corridor connecting the Commonwealth of Virginia and the State of North Carolina; and WHEREAS, Route 863 connects the communities and employment centers of North Carolina to the communities and employment centers of Pittsylvania County and the City of Danville, Virginia; and WHEREAS, Pittsylvania County and the City of Danville are jointly developing the Berry Hill Mega Park, a regional industrial park of approximately 3,500 acres, to promote regional economic development and job creation; and WHEREAS, the Virginia Commonwealth Transportation Board has ordered by Resolution the transfer of Route 863 in Pittsylvania County, from the state line to U.S. Route 58, from the Secondary System of Highways to the Primary System of Highways; and WHEREAS, the safe and efficient flow of commercial and public traffic along Route 863 to U.S. Route 58 is important to regional economic and commercial development and the connection of Route 863 to U.S. 58 (Danville Expressway) is critical to the safe and efficient flow of regional traffic; then NOW, THEREFORE, BE IT RESOLVED: That the Board of Supervisors of Pittsylvania County supports the connection of Virginia Route 863 to U.S. Route 58, the Danville Expressway, through the construction of new access ramps, or any other means of access, interchange or connection deemed most appropriate by the Virginia Department of Transportation; and BE IT FURTHER RESOLVED: That a copy of this Resolution be forwarded to the Virginia Department of Transportation and the Virginia Secretary of Transportation. Given under my hand this I" day of July, 2013. Marshall A. Ecker, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors P31 HEARING OF CITIZENS P32 CONSENT AGENDA P33 Regular Meeting June 3, 2013 Pittsylvania County Board of Supervisors Monday, June 3, 2013 Regular Meeting VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Supervisors was held on Monday, June 3, 2013 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Marshall A. Ecker, Chairman, called the meeting to order at 7:01 p.m. The following members were present: Marshall Ecker Brenda H. Bowman Coy E. Harville James Snead Jessie L. Barksdale Jerry A. Hagerman Tim Barber Staunton River District Chatham - Blairs District Westover District Dan River District Banister District Callands- Gretna District Tunstall District Mr. William D. Sleeper, County Administrator, Mr. J. Vaden Hunt, County Attorney, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Ecker led the Pledge of Allegiance. Anaroval of Agenda Motion was made by Mr. Barber, seconded by Mr. Barksdale, to approve the agenda with the following addition: Additions: (a) Proclamation — Business Appreciation Week and that this addition would be placed under the Consent Agenda. Mr. Barber's motion was unanimously approved by the Board. Hearing of the Citizens Jessie Rutherford, of the Westover District and manager of the Hillcrest Trailer Park, made comments concerning being billed under the Solid Waste Fee and stated that he provided his own dumpsters for this trailer park and that First Republic picks up the solid waste from that park, and felt he should be exempt. George Stanhope of the Callands- Gretna District stated that he had made a Freedom of Information Act (FOIA) Request for copies of credit card receipts made by Ken Bowman when he was employed as Director of Economic Development for Pittsylvania County, and made comments concerning several of the expenditures. Ken Bowman, of the Chatham - Blairs District and former Director of Economic Development for Pittsylvania County, made comments concerning a letter written by Greg Sides, Assistant County Administrator for Planning and Development for Pittsylvania County to Karim Salehmohammed. Phillip Lovelace of the Callands- Gretna District commented on uranium mining/exploration, and that when Marlin did exploratory drilling in the mid- 1980s, if a well was contaminated, it resulted in being at the owner's expense. Mr. Lovelace inquired at the potential increase in property tax if the County had to run waterlines in all the districts to provide drinking water to homes where wells were contaminated. P34 Regular Meeting June 3, 2013 This concluded the Hearing of the Citizens. Consent Agenda Motion was made by Mr. Snead, seconded by Mr. Barksdale, to approve the Consent Agenda (with the addition of the Business Appreciation Week Proclamation) and a correction to the May 21, 2013 draft minutes as follows: Page 24 of the Board packet, Mr. Hagerman's addition to be added to the proposed Credit Card Policy should read as follows: "No part of this document maybe changed or altered without the Board of Supervisors' vote of approval". Mr. Snead's motion was unanimously approved by the Board. Consent Agenda: (a) (b) (c) (d) Minutes: May 6, 2013 Regular Meeting May 21, 2013 - Adjourned Meeting Bill List May 2013 (Online) Out of State Travel — Director of Emergency Management Proclamation — Business Appreciation Week PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMATION Business Appreciation Week June 3 -7, 2013 WHEREAS, Governor Robert F. McDonnell has recognized June 3 -7, 2013 as Business Appreciation Week in the Commonwealth of Virginia, and called this observance to the attention of all citizens; and WHEREAS, Virginia and its localities recognize the many charitable, civic, and philanthropic contributions made by businesses and support their involvement in sustaining communities; and WHEREAS, the County of Pittsylvania has joined the Commonwealth in developing a supportive business climate to encourage investment, job growth and community involvement; and WHEREAS, businesses in the County of Pittsylvania play a significant role in growing the economy of the Commonwealth by providing employment opportunities, contributing to the County's tax base, offering convenient products and services within the community, and supporting charitable and civic organizations; and WHEREAS, Business Appreciation Week increases public awareness of the valuable contributions that businesses make in our community; then BE IT PROCLAIMED by the Pittsylvania County Board of Supervisors that June 3 -7, 2013 be and is hereby recognized as Business Appreciation Week, and calls this observance to the attention of all our citizens. P35 Regular Meeting June 3, 2013 New Business Motion was made by Mr. Hagerman, seconded by Mr. Snead, to approve the current 2012 -2013 Local Government Agreement with the Pittsylvania- Danville Health District of the Virginia Department of Health. During discussing, some board members inquired to the services provided locally by the Health Department. A Substitute Motion was made by Mr. Harville, seconded by Mr. Barber, to have Mr. Chris Mitchell, Pittsylvania - Danville Health District Manager, to attend the June 18, 2013 Board of Supervisors meeting to explain services offered in Pittsylvania County, and to postpone voting on this matter until that time, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Ms. Bowman, to approve a pending refund due to the Betty R. Edwards Estate concerning nine (9) parcels that were inadvertently assessed at their fair market rate value by the Commissioner of Revenues' Office after proper application for Land Use had been submitted and filed in the Commissioner of Revenues' Office. During discussion of the matter, several questions arose concerning the Land Use application by the estate, and Mr. Harville withdrew his motion and Ms. Bowman withdrew her second to the motion. Mr. Harville then made another motion, seconded by Mr. Barber, to direct the County Administrator to send a request to the Honorable Samuel Swanson, Jr., Commissioner of the Revenues for him to appear before the Board of Supervisors at their June 18, 2013 meeting to answer questions they had concerning this estate's application for Land Use, prior to the Board voting on this issue, which was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Ms. Bowman, to approve the financial contract with Ned Smither of Edge Municipal Advisors of Richmond, Virginia, for one year, ending on May 14, 2014 and authorize the County Administrator to sign all necessary documentation subject to approval by the County Attorney, which was unanimously approved by the Board. Motion was made by Mr. Barksdale, seconded by Mr. Barber, to approve a transfer of $11,142.35 from the jail architect line item (310 -4- 094150 -8186) to the generator consultant line item (250 -4- 032437 -3163) to cover engineering and advertising costs associated with the standby generator project for the Moses Building as a generator backup for the E911 Center, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Barber, to award the a contract to Carter Machinery Company, Inc. for a Caterpillar 826A Landfill Compactor that was offered through NJPA (National Joint Powers Alliance) Contract #060311, at a price of $559,625 and is currently budgeted in line item #520 -4- 094401 -8102 (Landfill - Capital Outlay- Equipment), which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Snead, to reappropriate the following funds: $199.67 to Clerk of Court- Copier Lease (100 -4- 021600 - 60051), $60.00 to Sheriff -Parts (100 -4- 031200 - 6030), $381.80 to Sheriff -Labor (100 -4- 031200 - 6031), $302.00 VFD- United Way Contributions (100 -4- 032200 - 5567), $871.91 to Fire & Rescue -Fuel (100 -4- 032200- 6008), $404.22 to Jail- Extradition (100 -4- 033100 - 5550), $80.00 to Animal Control - Donations (100 -4- 035100- 80.00). $2,551.00 to E911- Telephone (100 -4- 035500 - 5230), 12,984.98 to WIA -Rent (251 -4- 353160 - 5420). Mr. Harville's motion required a 10 -Day Layover. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve the Regional Industrial Facilities Authority (RIFA) Support Agreement to refinance RIFA's 2005 variable rate revenue bonds with a principal amount of $5,700,000.00, approving Option 2, for a three -year term with a fixed interest rate of 1.85 %, which was unanimously approved by the Board. Motion P36 Regular Meeting June 3, 2013 was then made by Mr. Snead, seconded by Mr. Barber, to approve Resolution 2013- 06 -01, approving the Support Agreement with the Danville - Pittsylvania Regional Industrial Facilities Authority, pending approval by Bond Counsel, and the following Roll Call Vote was recorded: Ms. Bowman-Yes; Mr. Barber -Yes; Mr. Harville -Yes; Mr. Snead -Yes; Mr. Barksdale -Yes; Mr. Hagerman-Yes; and Mr. Ecker -Yes. Mr. Snead's motion was unanimously approved by the Board. Mr. Hagerman asked Mr. Sleeper to provide him with a report on RIFA owned industrial parks, County owned industrial parks, bond costs for any of them, and exactly what is owned by which. The Honorable Gary Poindexter, Mayor for the Town of Hurt, asked that Item 14, Sanitary Sewer- Town of Hurt, be postponed until the Board of Supervisors' June 18, 2013 meeting and that this item be placed on that meeting's agenda under Closed Session. Motion was made by Mr. Snead, seconded by Ms. Bowman, to approve a contract with Municode, subject to County Attorney approval, to provide recodifrcation of the County Code and to authorize the County Administrator to sign all necessary documentation, which was approved by a 6 -1 majority vote of the Board, with Mr. Hagerman in opposition. Appointments Motion was made by Mr. Hagerman to re- appoint Ms. Carol Cooper as the Callands- Gretna representative to the Pittsylvania County Public Library Board of Trustees for a new 4 -year term beginning July 1, 2013 through June 30, 2017, which was unanimously approved by the Board. Board Announcements Ms. Bowman announced there would be a Legislative Committee meeting held at 4:OOpm on Monday, June 18, 2013 in the main conference room of the Captain Martin Building. Mr. Harville said there would be a Metropolitan Planning Organization meeting on Wednesday, June 19, 2013 at 6:45pm at the Danville Regional Airport Terminal Building. Mr. Ecker reminded everyone of the Chamber of Commerce breakfast and the State of the County presentation beginning at 7:30am on Wednesday, June 19, 2013 to be held at the Boys & Girls Club in Chatham. County Administrator Announcements Mr. Sleeper reminded Board members of the upcoming Virginia Department of Transportation 6 -Year Plan and that a date for that public hearing would be set soon. Adiournment Motion was made by Mr. Harville, seconded by Mr. Barber, to adjourn, which was unanimously approved by the Board. The meeting ended at 8:10pm. Marshall A. Ecker, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors P37 Adjourned Meeting June 18, 2013 Pittsylvania County Board of Supervisors Tuesday, June 18, 2013 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, June 18, 2013 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Marshall A. Ecker, Chairman, called the meeting to order at 7:01 p.m. The following members were present: Marshall Ecker Brenda H. Bowman Coy E. Harville James Snead Jessie L. Barksdale Jerry A. Hagerman Tim Barber Staunton River District Chatham - Blairs District Westover District Dan River District Banister District Callands- Gretna District Tunstall District Mr. William D. Sleeper, County Administrator, Mr. J. Vaden Hunt, County Attorney, Mr. Odic H. Shelton, Jr., Director of Code Compliance, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Ms. Bowman led the Pledge of Allegiance. Approval of Agenda Motion was made by Mr. Barber, seconded by Mr. Hagerman, to approve the agenda with the following additions /deletion: Additions: (a) Reappointment — Pittsylvania County Public Library Board of Trustees - Chatham- Blairs District Representative (b) Special Election — Treasurer for Pittsylvania County Deletion: Item #19 — Virginia Association of Counties (VACo) Resolution on Disability Mr. Barber's motion was unanimously approved by the Board. Hearing of the Citizens Matthew Speck of the Staunton River District stated there had been a defense fund established for the ACLU case against the Board of Supervisors on the prayer issue, and then Mr. Speck offered a word of prayer. Ellen Mayhew, a teacher at the Mt. Airy Elementary School, thanked the Board of Supervisors on their passing of the 2013/13 School Budget that gave the schools an amount above the state mandated amount; gave a special thanks to Mr. Barksdale who had participated in several school related events at the Mt. Airy Elementary School; and informed the Board on how 40% of Virginia teachers' evaluations are now based on student test scores. James Turpin of the Westover District made comments to the Board concerning the Solid Waste Fee and felt church owned property should be exempt from paying this fee. The Honorable Gary Poindexter, Mayor for the Town of Hurt, asked the Board to postpone hearing Item 31- Ringgold Volunteer Fire Department Ladder Truck, until after Closed Session. This concluded the Hearing of the Citizens. P38 Adjourned Meeting June 18, 2013 Consent Agenda Motion was made by Mr. Harville, seconded by Mr. Barber to approve the Consent Agenda with the following Additions/Deletions/Pulled, and that Item (h) pulled: Consent Agenda: (a) Certificates of Achievement — Pittsylvania County Technical Career Students - Virginia SkillsUSA State Medal Winners and National SkillsUSA Qualifiers (b) Certificates of Appreciation — Pittsylvania County Technical Career Instructors (c) Resolution — Jimmie Tickle (d) Resolution — Angela Rigney (f) Resolution — Ronnie Haymore (g) Resolution — Carson Womack Addition: (i) Presentation by Paul Robinson entitled "Your Health & Water are at Risk from Uranium Exploration" Deletion: (e) Resolution — Arlene Creasy— Postponed until July 16, 2013 Pulled: (h) Resolution — National Dairy Month Mr. Harville's motion was unanimously approved by the Board PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2013 -06 -03 VIRGINIA: At the adjourned meeting of the Pittsylvania County Board of Supervisors held on Tuesday, June 18, 2013, the following resolution was presented and adopted: WHEREAS, in July 2006, Mr. Jimmie L. Tickle became principal of the Pittsylvania County Career and Technical Center; and WHEREAS, as principal of the Pittsylvania County Career and Technical Center, Mr. Tickle manages career and technical training in agriculture, health, technology, trade and industrial, and ABE /GED/ISAEP that students from Chatham High School, Dan River High School, Gretna High School, and Tunstall High School participate in; and WHEREAS, prior to coming to Pittsylvania County, Mr. Tickle has had a 40 -year career in technical education, beginning in 1973 when he was employed as a Coordinator for Marketing Education with Wythe County Public Schools, then as Assistant Principal at the Piedmont Technical Education Center in Culpepper, Virginia, beginning in July 1979; and WHEREAS, in July 1986, Mr. Tickle continued his technical education career when becoming Principal/Director of the Massanutten Technical Center in Harrisonburg, Virginia until taking on the position of Manager of Leaming and Development & Public Affairs for Merck & Co., Inc., located in Elkton, Virginia; and WHEREAS, Mr. Jimmie Tickle became Program Development Manager for Horizons Youth Services in Harrisonburg, Virginia in November 2005 until coming as principal of the Pittsylvania County Career and Technical Center in July 2006 until present; and P39 Adjourned Meeting June 18, 2013 WHEREAS, and in 1996, Mr. Tickle won the prestigious award as National Vocational Educator of the Year from the Health Occupation Education & American Vocational Association; and WHEREAS, the 40 years of experience Mr. Jimmie L. Tickle possesses in technical education creates a unique and exceptional opportunity for the youth attending the Pittsylvania County Career and Technical Center; then BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors would like to express their sincere gratitude for the above and beyond efforts of Mr. Jimmie L. Tickle and his efforts in working with Danville Community College to launch state -of -the -art equipment and technology in precision machinery at the Pittsylvania County Career and Technical Center to help strengthen the future workforce and economic development in Pittsylvania County; and BE IT FURTHER RESOLVED, that a copy of this Resolution be presented to Mr. Jimmie L. Tickle. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2013 -06 -04 VIRGINIA: At the adjourned meeting of the Pittsylvania County Board of Supervisors held on Tuesday, June 18, 2013, the following resolution was presented and adopted: WHEREAS, Ms. Angela Rigney has been in education for thirteen years, the last twelve years of which have been with the Pittsylvania County School System and currently she serves as the Director of Career, Technical and Adult Education; and WHEREAS, Ms. Rigney has been the Agriculture teacher for Dan River High School, Dan River Middle School, and Tunstall Middle School; and WHEREAS, prior to becoming the Director of Career, Technical and Adult Education, Ms. Angela Rigney also served as the Assistant Principal for Chatham High School; and WHEREAS, Ms. Rigney is very passionate about Career and Technical Education and wants to provide every child in Pittsylvania County with the opportunity to experience what the Career and Technical Education has to offer; and WHEREAS, in helping to ensure these opportunities for the youth of Pittsylvania County, Ms.Angela Rigney has been instrumental in seeking and/or organizing grants, federal funding, equipment needs, programs of study, student organizations, mentoring, industry certifications, and most recently, the Precision Machine Program Partnership between Danville Community College and the Pittsylvania County Career and Technical Center; then BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors would like to express their sincere gratitude for the above and beyond efforts of Ms. Angela Rigney and her roll in working with Danville Community College to launch state -of -the -art equipment and technology in the Precision Machinery Program at the Pittsylvania County Career P40 Adjourned Meeting June 18, 2013 and Technical Center to help strengthen the County's future workforce and economic development in Pittsylvania County; and BE IT FURTHER RESOLVED, that a copy of this Resolution be presented to Ms. Angela Rigney. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2013 -06 -06 VIRGINIA: At an adjourned meeting of the Pittsylvania County Board of Supervisors held in the General District Courtroom in Chatham, Virginia on Tuesday, June 18, 2013, the following resolution was presented and adopted. WHEREAS, Mr. Ronnie L. Haymore has served on the Pittsylvania County Social Services Board; and WHEREAS, at their adjourned meeting on June 21, 2005, the Board of Supervisors appointed Mr. Ronnie Haymore to represent the Tunstall District on the Pittsylvania County Social Services Board for a 4 -year term, beginning on July 1, 2005 and ending on June 30, 2009; and WHEREAS, and in June 2009 the Board of Supervisors re- appointed Mr. Ronnie Haymore to continue serving as the Tunstall District representative on the Pittsylvania County Social Services Board for another 4 -year term beginning July 1, 2009 and ending on June 30, 2013; WHEREAS, Mr. Ronnie Haymore has served a total of eight (8) years as the Tunstall representative on the Pittsylvania County Social Services Board; then BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors express their sincere appreciation to Mr. Ronnie Haymore for his outstanding leadership, counseling and expertise on the behalf of the citizens of Pittsylvania County for his service as the Tunstall District representative on the Pittsylvania County Social Services Board; and BE IT FURTHER RESOLVED, that a copy of this Resolution be presented to Mr. Ronnie L. Haymore on the behalf of the Pittsylvania County Board of Supervisors. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2013 -06 -07 VIRGINIA: At an adjourned meeting of the Pittsylvania County Board of Supervisors held in the General District Courtroom in Chatham, Virginia on Tuesday, June 18, 2013, the following resolution was presented and adopted. WHEREAS, Mr. Carson Womack, III has served on the Pittsylvania County Social Services Board; and P41 Adjourned Meeting June 18, 2013 WHEREAS, at their regular meeting on June 6, 2005, the Board of Supervisors appointed Mr. Carson Womack, III to represent the Chatham - Blairs District on the Pittsylvania County Social Services Board for a 4 -year term, beginning on July 1, 2005 and ending on June 30, 2009; and WHEREAS, and in June 2009 the Board of Supervisors re- appointed Mr. Carson Womack, III to continue serving as the Chatham - Blairs District representative on the Pittsylvania County Social Services Board for another 4 -year term beginning July 1, 2009 and ending on June 30, 2013; WHEREAS, Mr. Carson Womack, III has served a total of eight (8) years as the Chatham - Blairs representative on the Pittsylvania County Social Services Board; then BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors express their sincere appreciation to Mr. Carson Womack, III for his outstanding leadership, counseling and expertise on the behalf of the citizens of Pittsylvania County for his service as the Chatham - Blairs District representative on the Pittsylvania County Social Services Board; and BE IT FURTHER RESOLVED, that a copy of this Resolution be presented to Mr. Carson Womack, III on the behalf of the Pittsylvania County Board of Supervisors. Public Hearings Rezoning Cases Case A: Midland IRA, Inc. — Staunton River District (Continued): R -13 -017 Mr. Ecker opened the public hearing at 7:22pm. Mr. Shelton explained that in Case R -13 -017, Midland IRA, Inc. had petitioned to rezone the R -1, Residential Suburban Subdivision District portion of 96.01 acres (approximately less than 10.00 acres), located off SR 665 /Rockford School Road, in the Staunton Rivet Election District to A -1, Agricultural District (to make the parcel on zoning designation). The Planning Commission, with opposition, recommended the case be continued until legal issues concerning access to the property were addressed. According to the Pittsylvania County Zoning Ordinance, Section 35 -807, Subsection 2, after 60 days, the Planning Commission shall be deemed to approve the amendment with a recommendation to the Board of Supervisors. Thomas Brooks with Acres of Virginia, Inc. was present to represent the case, along with Lynwood Dellis, agent for Midland IRA, Inc. Mr. Brookes stated that a complete and certified title search of the property had been completed and presented a Deed of Easement to the property, which cleared the question of access to the property. Mr. Glenn Pulley, attorney with Clement & Wheatley who represented MMB Properties, LLC, an adjacent property owner, withdrew his client's opposition in this case, based on the Deed of Easement presented by Mr. Brooks on the behalf of Midland, IRA, Inc. There were no other speakers and Mr. Ecker closed the hearing at 7:30pm. Motion was made by Mr. Hagerman, seconded by Mr. Harville, to rezone Case A from R -I to A -1 and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Harville -Yes; Mr. Snead -Yes; Mr. Barksdale -Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; and Mr. Ecker -Yes. Mr. Hagerman's motion was unanimously approved by the Board. Case B: Kisa H. Dellis — Staunton River District (Continued): R -13 -018 Mr. Ecker opened the public hearing at 7:32pm. Mr. Shelton explained that in Case R -13 -018, Kisa Dellis had petitioned to rezone 19.50 acres, located off SR 665/Rockford School Road, in the Staunton River Election District from R -1, Residential Suburban Subdivision District to A -1, P42 Adjourned Meeting June 18, 2013 Agricultural District (to make the zoning consistent with the adjacent parcels of land zoned A -1 and for agricultural use - horses). The Planning Commission, with opposition, recommended the case be continued until legal issues concerning access to the property were addressed. According to the Pittsylvania County Zoning Ordinance, Section 35 -807, Subsection 2, after 60 days, the Planning Commission shall be deemed to approve the amendment with a recommendation to the Board of Supervisors. Mr. Thomas Brooks of Acres of Virginia, Inc. and Lynwood Dellis were present to represent the case. Mr. Brooks stated that a complete and certified title search of the property had been completed that clearly showed an easement from Music Street going to Ms. Dellis' property. However, in order to prevent any hard feelings between the Dellis' and the adjacent property owner, Mr. Ray Archer, immediate to the access road in question, the Dellis' bought Mr. Archer's property, which provided an alternate access to the Dellis property that is before the Board to be rezoned. Mr. Ray Archer signed up to speak and stated that no longer opposed rezoning the property. Mr. Glenn Pulley, attorney with Clement & Wheatley who represented MMB Properties, LLC, an adjacent property owner, stated that acquisition of Mr. Archer's property changed nothing in his client's opposition of rezoning this property as they believed the access road in question was never intended to go to the Dellis property, and that his client intended to seek a court judgment on the access road. Mr. Brooks countered that the easement presented was solely on Mr. Archer's property and not a joint easement between Mr. Archer and MMB Properties, LLC. No one else signed up to speak and Mr. Ecker closed the public hearing at 7:43pm. Motion was made by Mr. Hagerman, seconded by Mr. Barksdale, to rezone the property from R -1 to A -1 as requested, noting the zoning issue before the Board was only the question at hand for the Board, and the determining who owned easements was an issue for the court to determine. The following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Snead -Yes; Mr. Barksdale -Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Barber -Yes; and Mr. Ecker -Yes. Mr. Hagerman's motion was unanimously approved by the Board. Case 1: Kathy Hazelwood — Chatham/Blairs District: R -13 -029 Mr. Ecker opened the public hearing at 7:46pm. Mr. Shelton explained that Hazelwood had petitioned to rezone 13.78 acres, located on U.S. Highway 41/Franklin Turnpike, in the Tunstall Election District from R -1, Residential Suburban Subdivision District to B -2, Business District, General (for a kennel). The Planning Commission, with opposition, recommended denying the petitioner's request. Ms. Angela Honeycutt of the Pittsylvania Animal Welfare League was present to represent the case. Ms. Honeycutt stated it was the intent of Ms. Hazelwood that the League would remodel the home and fence in the property, to establish an animal sanctuary for dogs on the property in question. Ms. Honeycutt stated that the house would be used as an office; in the first year the League intended to employ local contractors to prep the land for a shelter, pave a parking area, and once the shelter opened, volunteers would operate it. The League's lacking of a physical address, Ms. Honeycutt said, has been the obstacle in their being approved for grants. Ms. Honeycutt stated the property would have a 3 -part fencing system and the sanctuary would eventually house up to 50 dogs when completed. Ms. Honeycutt said the shelter would be approximately 500 feet from any residential dwelling, with the exception of the resident directly across the street. Ms. Honeycutt further requested the Board to consider tabling the issue until her organization could have information discussions with the residents surrounding the Ms. Hazelwood's property as Ms. Honeycutt felt there had not been sufficient discussion during the Planning Commission's public hearing on what the League proposed to do with the property. The first person signed up to speak was Hugh Kelly, who lives directly across from the property in question and submitted to the Board a petition with signatures from the adjacent property owners and residents of that area opposing the rezoning of the property in question. Mr. Kelly said he was not opposed to what the League wanted to do for the animals, P43 Adjourned Meeting June 18, 2013 and would be willing himself to help them in any way he could, but he did not feel that putting the animal sanctuary in the middle of a residential neighbor was the appropriate place for it. Mr. Kelly stated that when dogs start barking, and by their very nature, they are going to bark at all times of the day and night, it would be disruptive for the neighbors. Mr. Kelly further stated that traffic coming in and out would be an issue as well as keeping the dogs contained during transporting. Lastly, Mr. Kelly stated that putting a facility like that in this particular area would devalue all of the surrounding residences market value. The dogs the League would be trying to help would be animals who were already in distress, and that distress would be increased by their being moved from wherever they had been to the new environment of the sanctuary and the first opportunity that arose, the dogs would try to make a run to escape. Mr. Van Amos, also an adjacent landowner and resident stated his grandchildren lived with him and that in total, there were 9 young children that lived on the adjacent properties to the proposed animal shelter and Mr. Amos feared for their safety if some of the dogs escaped. Mr. Amos was not opposed to an animal shelter per se, but the League needed to find a more secluded area for the shelter and not in the middle of a residential area, and particularly where small children lived. Mr. Jim Haskins stated that he had lived on his residence (which is adjacent to the property in question) for nearly 45 years and was highly opposed to the facility being located on the Hazelwood property. No one else had signed up to speak and Mr. Ecker closed the public hearing at 8:10pm. The County Attorney made sure the Board was aware that if the Board denied the petitioner's request, it could not be brought back for consideration by the Board for one (1) year, just as if the applicant had withdrawn the petition, but the Board could postpone voting on the issue for thirty (30) days and bring it back for approval or denial. Motion was then made by Ms. Bowman, seconded by Mr. Hagerman, to postpone voting on Case R -13 -029 for thirty (30) days to allow the petitioner and the Animal Welfare League to educate the adjacent residents on the proposed animal sanctuary since it was Ms. Bowman's understanding the petitioner and her representatives did not have adequate opportunity to present their intent at the Planning Commission meeting. Mr. Barksdale stated that he attended the Planning Commission meeting that heard this case and both parties were given adequate opportunity and treated equally fair in presenting their sides to this issue and was not in favor of postponing the case. A Substitute Motion was then made by Mr. Barber, seconded by Mr. Barksdale, to deny rezoning Case R -13 -029 from R -1 to B -2, stating that the location of such a facility in the middle of a residential area was not suitable, and that if the Board granted such a zoning for the property, then in the future, if the animal shelter closed, any kind of business would already be zoned to move in there. Mr. Harville noted that the no one who signed the petition in favor of rezoning the property that was submitted by the petitioner lived in that area, and some didn't even live in Virginia. The following Roll Call Vote was recorded for the Substitute Motion to deny rezoning from R -1 to B -2: Mr. Snead -Yes; Mr. Barksdale -Yes; Mr. Hagerman-Yes; Ms. Bowman- Abstain (Ms. Bowman's brother is an adjacent property owner to the petitioner); Mr. Barber -Yes; Mr. Harville -Yes; and Mr. Ecker- Yes. Mr. Barber's Substitute Motion passed by a 6 -0 vote of the Board, and Ms. Bowman abstained from voting. Case 2: Michael and Sherri Thomas -Dan River Election District: R -13 -030 Mr. Ecker opened the public hearing at 8:22pm. Mr. Shelton explained that Michael and Sherri Thomas had petitioned to rezone a total of 17.28 acres, two parcels of land, located on SR 947/Mountain Mill Road, in the Dan River Election District from R -1, Residential Suburban Subdivision District to A -1, Agricultural District (to allow for construction of a single family dwelling on the vacant parcel). The Planning Commission, with no opposition, recommended granting the petitioners' request. Ms. Sherri Thomas was present to represent the case. No one signed up to speak and Mr. Ecker closed the hearing at 8:23pm. Motion was made by Mr. Snead, seconded by Mr. Harville, to approve rezoning Case R -13 -030 from R -1 to A -1 and the following Roll Call Vote was recorded: Mr. Barksdale -Yes; Mr. Hagerman-Yes; Ms. Bowman- P44 Adjourned Meeting June 18, 2013 Yes; Mr. Barber -Yes; Mr. Harville -Yes; Mr. Snead -Yes; and Mr. Ecker -Yes. Mr. Snead's motion was unanimously approved by the Board. Case 3: Elizabeth Gill- Banister Election District: R -13 -031 Mr. Ecker opened the public hearing at 8:24pm. Mr. Shelton explained that Elizabeth Gill had petitioned to rezone a total of 32.71 acres, two parcels of land, located on SR 691/Mill Creek Road, in the Banister Election District from R -1, Residential Suburban Subdivision District to A- 1, Agricultural District (for agricultural use and for sale of the properties). The Planning Commission, with opposition, recommended denying the petitioner's request. Mr. Shelton also stated that the applicant requested the Board of Supervisors to accept the withdrawal of her petition due to the opposition in this case. Mr. Ecker closed the hearing at 8:25pm. Motion was made by Mr. Barksdale, seconded by Mr. Hagerman, to accept the petitioner's withdrawal, without penalty, and the following Roll Call Vote was recorded: Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Barber -Yes; Mr. Harville -Yes; Mr. Snead -Yes; Mr. Barksdale -Yes; and Mr. Ecker -Yes. Mr. Barksdale's motion was unanimously approved by the Board. Case 4: Carolyn Bell and Linda Strange- Dillard - Tunstall Election District: R -13 -032 Mr. Ecker opened the public hearing at 8:27pm. Mr. Shelton explained that Carolyn Bell and Linda Strange - Dillard had petitioned to rezone 5.90 acres, located off SR 622 /Cascade Road, in the Tunstall Election District from R -1, Residential Suburban Subdivision District to A -1, Agricultural District (to subdivide for a lot for their niece). The Planning Commission, with no opposition, recommended granting the petitioners' request. Mr. James Bell was present to represent the case. No one signed up to speak and Mr. Ecker closed the hearing at 8:27pm. Motion was made by Mr. Barber, seconded by Mr. Snead, to rezone Case R -13 -032 from R -1 to A -1 and the following Roll Call Vote was recorded: Ms. Bowman-Yes; Mr. Barber -Yes; Mr. Harville -Yes; Mr. Snead -Yes; Mr. Barksdale -Yes; Mr. Hagerman-Yes; and Mr. Ecker -Yes. Mr. Barber's motion was unanimously approved by the Board. Case 5: Steve Shields- Staunton River Election District: R -13 -033 Mr. Ecker opened the public hearing at 8:38pm. Mr. Shelton explained that Steve Shields had petitioned to rezone 0.08 of an acre (part of 0.05 acre) located on SR 768 /Pittsville Road, in the Staunton River Election District from A -1, Agricultural District to R -1, Residential Suburban Subdivision District (to combine with the adjacent parcel of land zoned R -1, Residential Suburban Subdivision District). The Planning Commission, with no opposition, recommended granting the petitioner's request. No one signed up to speak and Mr. Ecker closed the hearing at 8:29pm. Motion was made by Mr. Snead, seconded by Mr. Harville, to rezone Case R -13 -033 from A -1 to R -1 and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Harville- Yes; Mr. Snead -Yes; Mr. Barksdale -Yes; Ms. Bowman-Yes; and Mr. Ecker -Yes. Mr. Snead's motion was unanimously approved by the Board. This concluded the Rezoning Cases. Public Hearings Public hearing to receive citizen input on the proposed amendment to Chapter 16; Sheriff's Department; Sec. 16 -2- Employment of Off -Duty Officers, of the Pittsylvania County Code to meet the requirements of §15.2 -1712 of the Code of Virginia, 1950, as amended. Mr. Ecker opened the public hearing at 8:31pm. Mr. Sleeper explained that several years ago the Board of Supervisors agreed that Sheriff Department Deputies that work various programs, such as the fair, football games, basketball games, funerals, special carnivals or other activities should be paid through the County of Pittsylvania with their regular overtime salary so it is consistent with Fair Labor Standards and that the County would bill or reimbursed by the organizations that P45 Adjourned Meeting June 18, 2013 have hired the deputies for their security protection. The County did not pass any ordinances related to this. Currently, there is a request to pass an amendment to Chapter 16 of the Pittsylvania County Code entitled, "16 -2, Employment of Off -Duty Officers of Pittsylvania County." This is in order to meet §15.2 -1712 of the Code of Virginia, 1950, as amended, which would mean that the Board of Supervisors is authorizing the police power of the County of Pittsylvania to be utilized by these deputies on off -duty employment. No one signed up to speak and Mr. Ecker closed the public hearing at 8:32pm. Motion was made by Mr. Harville, seconded by Mr. Snead amending Section 16 -2; Employment of Off -Duty Officers, of the Pittsylvania County Code as presented to meet the requirements of §15.2 -1712 of the Code of Virginia, 1950, as amended and the following Roll Call Vote was recorded: Mr. Harville -Yes; Mr. Snead -Yes; Mr. Barksdale -Yes; Ms. Bowman-Yes; Mr. Barber -Yes; and Mr. Ecker -Yes. Mr. Harville's motion was unanimously approved by the Board. Public hearing to receive citizen input on the proposed amendment to Chapter 17; Solid Waste Disposal, of the Pittsylvania County Code to meet the requirements of §15.2- 2159(A) of the Code of Virginia, 1950, as amended, for code updates to become effective July 1, 2013 that would prohibit a Solid Waste Disposal Fee being levied upon persons whose residential waste is not disposed of in the County's Landfill, provided that said nondisposal is documented, to the reasonable satisfaction of the Commissioner of Revenue's Office, by the collector or generator of such waste. Mr. Ecker opened the public hearing at 8:34pm. Mr. Sleeper explained that the Pittsylvania County Board of Supervisors passed a Solid Waste Ordinance Fee in accordance with requirements of changing §15.2- 2159(A) of the Code of Virginia, 1950, as amended, last year. However, upon approval by the General Assembly, there were several items that needed to be added to the State Code Section to insure that Pittsylvania County could prohibit the levying of fees for residents who did not dispose of solid waste in the Pittsylvania County Landfill and used a private vendor. The intent of the public hearing was to amend Chapter 17 of the Pittsylvania County Code to meet the requirements passed by the General Assembly in 2013 which will allow Pittsylvania County to prohibit solid waste fees, levies on persons or residences that do not dispose of trash in the Pittsylvania County Landfill and that their trash is picked up by private haulers or collectors. Mr. Jessie Rutherford, manager of the Hillcrest Trailer Court, signed up to speak, stating that he provided his own compactors and that First Republic picked up the solid waste from that trailer court, and that it did not go to the Pittsylvania County Landfill, thus he felt he should be exempt from this fee and requested that all fees and penalties related to the Solid Waste Fee and the Hillcrest Trailer Court be waived for the first half of the 2013 year. No one else signed up to speak and Mr. Ecker closed the hearing at 8:34pm. Motion was made by Mr. Harville, seconded by Mr. Barber, to amend Chapter 17 as presented in the public hearing and the following Roll Call Vote was recorded: Mr. Snead -Yes; Mr. Barksdale -Yes; Ms. Bowman-Yes; Mr. Barber -Yes; Mr. Harville -Yes; and Mr. Ecker -Yes. Mr. Harville's motion was unanimously approved by the Board. Public hearing to receive citizen input on the proposed amendment to Sec. 42- 8(B)(4)- Street and Road Names; Signage, of the Pittsylvania County Code. This proposed amendment would allow street signage that would reach private properties that are not in developments or subdivisions into the 911 System of Pittsylvania County; that the cost of such sign would be $150 for a double -faced sign and $50 for the installation and replacement at no cost to the citizen. Mr. Ecker opened the public hearing at 8:38pm. Mr. Sleeper explained the Pittsylvania County Board of Supervisors in approving their new 911 system, in order to operate that system effectively had to name all of the streets in Pittsylvania County. Chapter 42 of the Pittsylvania County Code establishes those requirements.—Most recently, it occurs that there is no ability to P46 Adjourned Meeting June 18, 2013 have private streets actually named or paid for by private individuals that were not public streets for the 911 system. Amendments to Chapter 42 -8b -4 of the Pittsylvania County Code would allow street signage that would reach private properties to be paid for by private individuals and be incorporated in the County's 911 system at a cost of $150 for a double -faced sign and $50 for the installation. Once it is in the 911 system, replacement of that sign will be done by the county. No one signed up to speak and Mr. Ecker closed the public hearing at 8:38pm. Motion was made by Mr. Barksdale, seconded by Mr. Harville, to approve amending Section 42- 8(B)(4)- Street and Road Names; Signage, of the Pittsylvania County Code as presented in the public hearing and the following Roll Call Vote was recorded: Mr. Barksdale -Yes; Ms. Bowman-Yes; Mr. Barber -Yes; Mr. Harville -Yes; Mr. Snead; and Mr. Ecker -Yes. Mr. Harville's motion was unanimously approved by the Board. This concluded the Public Hearings. Presentations The Board of Supervisors presented Certificates of Achievement to the following Pittsylvania County Career and Technical Center students for recognition as Virginia SkillsUSA Medal Winners and Virginia SkillsUSA qualifiers: Brian Cassidy -15` Place for Collision Repair Technology and National SkillsUSA qualifier; Stephanie Gibbs -l" Place in Job Skill Demonstration "Open" and National SkillsUSA qualifier; Corey Matherly -l" Place in Industrial Motor Controls; Samuel Rash -151 Place in Prepared Speech and National SkillsUSA qualifier; Katelyn Roach -15` Place in Promotional Bulletin Board and National SkillsUSA qualifier; Kelsey Scott-15t Place in Emergency Medical Technician (EMT); Natalie Motely -I" Place in Emergency Medical Technician (EMT); Zachary Allen -2nd Place in Employment Application Process; Paige Mayhew -2nd Place in Essay; Black Wallace -2 "d Place in Action Skills; Allison Satterfield -3`d Place in Job Skills Demonstration "A'; and Riley Smith, Jr. -3`d Place in First Aid/CPR. The Board of Supervisors presented Certificates of Appreciation to the following teachers who coached the Pittsylvania County Career and Technical Center students competing in at the Virginia SkillsUSA competition and the qualifers for the Virginia SkillsUSA completion: Mr. Eric Mustan; Ms. Toni Morris, Mr. James Pollard, Jr. and Mr. David Wilson. The Board of Supervisors presented Resolution 2013 -06 -04 to Ms. Angela Rigney, the Director of Career, Technical and Adult Education. The Board of Supervisors presented Resolution 2013 -06 -06 to Mr. Ronnie Haymore and Resolution 2013 -06 -07 to Mr. Carson Womack for their service on the Social Services Board. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve and present Resolution 2013- 06 -08, declaring June as National Dairy Month in Pittsylvania County and recognizing and presenting a copy of the resolution to each of the following dairies that operate in Pittsylvania County: Mountain View Dairy Van Der Hyde Dairy Hammock Dairy; Motley Dairy; Grandview Holsteins, Inc.; Waller Farms; Herndon Farm; and Moore Dairy Mr. Harville's motion was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2013 -06 -08 VIRGINIA: At the adjourned meeting of the Pittsylvania County Board of Supervisors held on Tuesday, June 18, 2013, the following resolution was presented and adopted: WHEREAS, on June 14, 2010 Congress, through a bi- partisan resolution, declared June as National Dairy Month throughout the United States; and P47 Adjourned Meeting June 18, 2013 WHEREAS, being that milk is the official beverage of the Commonwealth of Virginia, Governor Bob McDonnell has proclaimed June as Virginia Dairy Month in the Commonwealth; and WHEREAS, the Virginia Department of Agriculture and Consumer Services (VDACS) states the Virginia dairy industry has contributed to the development of the state's economy and the well -being of its citizens since dairy cows arrived in Jamestown in 1611, and more than 400 years later, Virginia's dairy industry consistently ranks near the top when compared to the state's other principal crops, livestock and livestock products; and WHEREAS, Pittsylvania County has the following eight (8) dairies in operation: Mountain View Dairy (Roger Jefferson owns the largest dairy in the Commonwealth of Virginia, milking approximately 2500 cows); Van Der Hyde Dairy (the Van Der Hydes own the 3rd largest dairy in the Commonwealth of Virginia, milking approximately 1100); Hammock Dairy (Lindy Hammock owns the 5`" largest dairy in the Commonwealth of Virginia, milking approximately 600 cows); Motley Dairy (owned by Tommy Motley, milking approximately 400 cows); Grandview Holsteins, Inc. (owned by Tim Motley, milking approximately 200 cows); Waller Farms (owned by Roy Waller, milking approximately 200 cows); Herndon Farm (owned by Phillip Herndon, milking approximately 80 cows); and Moore Dairy (owned by James Moore, milking approximately 150 cows). Combined, these 8 dairies have approximately 5,230 cows in milk production that produce approximately 12,426,000 pounds of milk that equals 1,441,532 gallons of milk annually within Pittsylvania County; and WHEREAS, in addition to contributed revenue, these 8 dairies in Pittsylvania County create jobs to employ approximately 270 employees; and WHEREAS, the milk produced by these dairies is being purchased through four (4) buying cooperatives: Herndon Farm and Moore Dairy sell to Dairy Farmers of America (DFA); Waller Farms sells to Cooperative Milk; Tim Motley (Grandview Holsteins, Inc.) sells to Maryland/Virginia; and Mountain View Farm, Van Der Hyde Dairy, Motley Farm (Tommy Motley), and Hammock Dairy sell to Cobblestone; and WHEREAS, besides the great taste, dairy products are nutrient- dense, providing 72% of the calcium available in the American diet, along with nine essential vitamins and minerals, including potassium, riboflavin, phosphorus, vitamins A, D, and B -12, as well as protein, and studies indicate that eating three to four servings of dairy per day could help lower the risk of high blood pressure, osteoporosis and some forms of cancer, as well as assist with weight management, supporting the catch phrase, "Milk -it does a body good!"; then BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors, declare June as National Dairy Month in Pittsylvania County and milk as the official beverage of Pittsylvania County, and on behalf of all of the citizens of Pittsylvania County, express their sincere appreciation and congratulations to Mountain View Farm, Van Der Hyde Farm, Hammock Dairy, Motley Dairies, Waller Farms, Herndon, Farm, and Moore Dairy for not only their contribution to the revenue and economic development in Pittsylvania County, but also for providing a high quality product of such important nutritious value; and BE IT FURTHER RESOLVED, that a copy of this Resolution be presented to each of the eight dairies, and a copy forwarded to local media sources. P48 Adjourned Meeting June 18, 2013 Mr. William "Paul" Robinson, Research Director of the Southwest Research and Information Center in Albuquerque, New Mexico, gave a presentation entitled "Your Health and Water are at Risk from Uranium Exploration" that covered potential groundwater contamination based on the Code of Virginia permitting and the Environmental Protection Agency (EPA) Standards concerning exploratory drilling at the Coles Hill site and his concern of possible violations. Mr. Robinson encouraged the Board of Supervisors and staff to ensure provisions of the State Code and the Department of Mining and Minerals Exploration Standards be met on all levels by uranium mining companies. Mr. Harville asked Mr. Robinson to please forward a copy of his report and findings to all members of the Board. Unfinished Business At the June 3, 2013 meeting of the Board of Supervisors, a Motion was made by Mr. Harville, seconded by Mr. Snead, to reappropriate the following funds: $199.67 to Clerk of Court- Copier Lease (100 -4- 021600- 60051), $60.00 to Sheriff -Parts (100 -4- 031200 - 6030), $381.80 to Sheriff -Labor (100 -4- 031200 - 6031), $302.00 VFD- United Way Contributions (100- 4- 032200 - 5567), $871.91 to Fire & Rescue -Fuel (100 -4- 032200 - 6008), $404.22 to Jail - Extradition (100 -4- 033100 - 5550), $80.00 to Animal Control- Donations (100 -4- 035100- 80.00). $2,551.00 to E911- Telephone (100 -4- 035500 - 5230), 12,984.98 to WIA -Rent (251- 4- 353160- 5420). Mr. Harville's motion required a 10 -Day Layover which had now been met and the following Roll Call Vote was recorded: Mr. Snead -Yes; Mr. Barksdale -Yes; Ms. Bowman-Yes; Mr. Barber -Yes; Mr. Harville -Yes; and Mr. Ecker -Yes. Mr. Harville's motion was unanimously approved by the Board. At the June 3, 2013 meeting of the Board of Supervisors, a Substitute Motion was made by Mr. Harville, seconded by Mr. Barber, to have Mr. Chris Mitchell, Pittsylvania - Danville Health District Manager, to attend the June 18, 2013 Board of Supervisors meeting to explain services offered in Pittsylvania County, and to postpone voting on the Local Government Agreement until that time, which was unanimously approved by the Board. Mr. Mitchell, Business Manager for the local Health Department, along with Mr. Dan Richardson, Environmental Health Manager, covering the various services offered to citizens by the Health Department. Motion was made by Mr. Snead, seconded by Mr. Barber, to approve the 2012/13 Local Government Agreement and authorize the County Administrator to sign all necessary documentation, which was unanimously by the Board. At the June 3, 2013 meeting of the Board of Supervisors, Mr. Harville made a motion, seconded by Mr. Barber, to direct the County Administrator to send a request to the Honorable Samuel Swanson, Jr., Commissioner of the Revenues for him to appear before the Board of Supervisors at their June 18, 2013 meeting to answer questions they had concerning a pending refund due to the Betty R. Edwards Estate concerning nine (9) parcels that were inadvertently assessed at their fair market rate value by the Commissioner of Revenues' Office after proper application for Land Use had been submitted and filed in the Commissioner of Revenues' Office. The Honorable Samuel Swanson, Jr., appeared with his staff before the Board. Mr. Swanson and his staff indicated this occurred due to a keying error and the estate had inadvertently been sent a tax ticket for market value. The error was immediately corrected as soon as it was found, but the estate had already paid the amount shown on the tax ticket. Motion was made by Mr. Harville, seconded by Mr. Barber, to approve the amount of $6,768.84 to be refunded to the Betty R. Edwards Estate by the Honorable Teresa Easley, Treasurer of Pittsylvania County, which was unanimously approved by the Board. P49 Adjourned Meeting June 18, 2013 New Business Motion was made by Mr. Harville, seconded by Mr. Snead to approve reimbursement resolution - Resolution #2013 -06 -02 that would the County to proceed with the purchase of the voting equipment before securing financing. The resolution makes it possible for the County to reimburse itself when financing is secured. The following Roll Call Vote was recorded: Mr. Snead -Yes; Mr. Barksdale -Yes; Ms. Bowman-Yes; Mr. Barber -Yes; Mr. Harville -Yes; and Mr. Ecker -Yes. Mr. Harville's motion was unanimously approved by the Board. Resolution 2013 -06 -02 RESOLUTION OF THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA DECLARING ITS INTENTION TO REIMBURSE THE COST OF CERTAIN EXPENDITURES WHEREAS, Pittsylvania County, Virginia (the "County ") desires to acquire certain voting machines for use by the County registrar (the "Equipment "); and WHEREAS, the County has made or will make expenditures (the "Expenditures ") in connection with the Equipment; and WHEREAS, the County may determine that the funds advanced and to be advanced to pay Expenditures will be reimbursed to the County from the proceeds of one or more tax- exempt obligations to be issued by the County (the "Indebtedness "); NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA (THE "BOARD "): The Board hereby adopts this declaration of official intent under Treasury Regulations Section 1.150 -2 and declares that the County intends to reimburse itself with the proceeds of Indebtedness for Expenditures made on, after or within 60 days prior to the date hereof with respect to the Equipment, except that Expenditures made more than 60 days prior to the date hereof may be reimbursed as to certain de minimis or preliminary expenditures described in Treasury Regulations Section 1.150 -2(f) and as to other expenditures permitted under applicable Treasury Regulations. The maximum principal amount of Indebtedness expected to be issued for the Equipment is $300,000. This Resolution shall take effect immediately upon its adoption. The undersigned Clerk of the Board of Supervisors of Pittsylvania County, Virginia hereby certifies that the foregoing constitutes a true, correct and complete copy of a Resolution duly adopted by the Board of Supervisors of Pittsylvania County, Virginia at a meeting duly called and held on June 18, 2013, during which a quorum was present and acting throughout, by the vote set forth below, and that such Resolution has not been repealed, revoked, rescinded or amended: P50 Adjourned Meeting June 18, 2013 Motion was made by Mr. Snead, seconded by Mr. Harville, to transfer the balance of the Orphanage Road Waterline Project of $125,000.00 to Ringgold Volunteer Fire Department Ladder Truck; plus $75,000.00 from Unappropriated Surplus, totaling $200,000.00 for the Ringgold Ladder Truck. A Substitute Motion was made by Ms. Bowman, seconded by Mr. Barksdale, for the issue to go the Fire & Rescue Committee. The following Roll Call Vote was recorded for the Substitute Motion: Ms. Bowman -Yes; Mr. Barber -No; Mr. Harville -No; Mr. Snead -No; Mr. Barksdale -Yes; Mr. Hagerman -No; and Mr. Ecker -Yes. Ms. Bowman's Substitute Motion failed by a 3 -4 majority vote of the Board and the Main Motion went to a 10 -Day Layover. No action was brought from the Legislative Committee to present for Board action. Motion was made by Mr. Barber, seconded by Mr. Barksdale, to approve the following Library Transfers necessary to complete transactions for year -end: M PITTSYLVANIA CO PUBLIC LIBRARY FY 2012 -2013 PREPARED BY:Susan Harbrook 6/4/2013 Mr. Harville's motion was unanimously approved by the Board. P51 BUDGET TRANSFERS REQUESTED BASED ON BALANCES AS OF APRIL 2013 NOTE: Approved by the Board of Trustees at their 5/20/13 meeting. To be submitted for approval to the Board of Supervisors at their next meeting. FROM TO Transfer funds to accounts Where needed: 1004 -073100 -1100 FT Salaries 35,000.00 1004 -073100 -1300 PT Salaries 3,500.00 100-4 -073100 -2100 FICA 3,500.00 1004-073100 -2210 VRS 7,500.00 1004 -073100 -2301 Dental 240.00 1004 -073100 -2400 Life Insurance 1,000.00 1004 -073100.2600 1004 -073100 -6110 Unemployment Ins Electricity 4,000.00 (300.00) 1004 - 073100 -6120 Heating Fuels 300.00 1004-073100 -5130 Water & Se r 100.00 1004 -073100 -5210 Postage (500.00) 1004-073100 -5230 Telephone 1,400.00 1004 -073100 -5302 Fire Insurance 295.96 1004 -073100 -5305 Motor Vehicle Ins 135.73 1004 -073100 -5540 Training & Education (74.00) 1004 -073100 -6003 Furniture & Fixtures (9,539.07) 1004 -073100-6005 Janitorial Supplies (100.00) 1004 -073100 -6008 Fuels - Vehicle (2000,0) 1004 -073100 -6021 Computer Supplies (39458.62) 1004 -073100 -8012 Memorial Gift Fund (5000.00) 2504-073300-3320 Be" Cord - Equip (4,82) 2504073300$012 Books&Subacriptions 4.82 2654-073320 -3310 Rep & Maim Off Equip 696.00 2654-073320 -3320 Ser Cant Off Equip 896.00) 57,8]2.51 (57,672.51) GRAND TOTAL TRANSFERS REQUESTED: 57,672.51 157,672.51) PREPARED BY:Susan Harbrook 6/4/2013 Mr. Harville's motion was unanimously approved by the Board. P51 Adjourned Meeting June 18, 2013 Motion was made by Mr. Barber, seconded by Mr. Harville, to appropriate check received by the County totaled $595.42 from American Fidelity Assurance Company to individual departments so that employees participating with the flexible spending benefit can receive their portion of this refund. The accounts below need to be appropriated in the following manner: 100 -4- 012530 -1100 $ 39.69 100 -4- 013200 -1100 39.69 100 -4- 021600 -1100 39.69 100 -4- 031200 -1100 119.07 100 -4- 041000 -1100 39.69 100 -4- 071100 -1100 39.69 100 -4- 073100 -1100 119.07 100 -4- 081100 -1100 39.69 201 -4- 053100 -1100 119.07 The following Roll Call Vote was recorded: Mr. Snead -Yes; Mr. Barksdale -Yes; Ms. Bowman- Yes; Mr. Barber -Yes; Mr. Harville -Yes; and Mr. Ecker -Yes. Mr. Barber's motion was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Barksdale, to approve appropriations for the grants listed below that need adjusting before year -end: Court Services Grant (021910) $29,130.62 Four For Life Grant (032410) 103,235.81 Liter Control Grant (082600) 16,793.64 Mr. Snead's motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Barber, to ratify the sole source purchase for the new Live Scan System for the Pittsylvania County Jail from ID Networks at a cost of $12,210.00 and charge the purchase to line item 100 -4- 031200 -6021 Sheriff's Office - Computer Supplies, which was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Harville, to award a bid of Janitorial Services for the Chatham and Gretna Public Libraries Derrick's Cleaning Service, Inc., at an annual cost of $10,800.00, which was unanimously approved by the Board. Motion was made by Mr. Barber, seconded by Mr. Hagerman, to award the sole source purchases to Hass Factory Outlet in the amount of $310,208.00 and Dominion Air & Machinery in the amount of $290,535.00 for equipment purchases for the Precision Machine Program being offered at the Pittsylvania County Career & Technical Center beginning in August 2013, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Barber, to approve the following Tobacco Grant Agreement for Piedmont Bio- Products and authorize the County Administrator to sign all necessary documentation on behalf of the Grantee, which was unanimously approved by the Board. P52 Adjourned Meeting June 18, 2013 C u�'�x7f 1%.r5ion to -(D- 7�ot3 GRANTAGREEMENT TICRC OFFICE USE ONLY Grant # oRequest_ID» This Grant Agreement (this "Agreement') made and entered this 1416 day of May, 2013 (the "Award Date "), by and among the Tobacco Indemnification and Community Revitalization Commission, a body corporate and political subdivision of the Commonwealth of Virginia (the "Commission "). Pinsylvania County. Virginia, a political subdivision of the Commonwealth of Virginia (the "Grantee "), and Piedmont BioProducts LLC, a Virginia limited liability company (the "Company). WITNESSETH: WHEREAS, the Virginia General Assembly created the Commission to, among other things, stimulate the economic growth and development of tobacco - dependent communities in the Southside and Southwest regions (the 'Region) of the Commonwealth of Virginia (the "Commonwealth'), and WHEREAS, the Grantee has submitted an application, which by this reference is incorporated herein and made a part of this Agreement (the "Application"), to the Commission for funding to induce the Company to acquire, construct, improve, equip, furnish and /or otherwise undertake the project entitled Piedmont BioProducts Pilot Facility described on Exhibit A attached hereto (the "Project), and WHEREAS, the Grantee has indicated its desire to tender the Grant to the Company for its use and benefit, provided that the Company agrees to comply with the terms of this Agreement, and WHEREAS, the Commission, in reliance upon the information set forth in the Application, has determined that the Project benefits the Region and is consistent with and in furtherance of the Commission's public purposes and approved a grant to the Grantee in the amount of $4,000,000 (the "Grant ") to fund the Project, the approval and funding of such Grant the Commission has determined constitutes a valid public purpose for the expenditure of public funds and is the animating purpose for the Grant, and WHEREAS, the Commission, the Company and the Grantee desire to set forth their understanding and agreement as to the use of the Grant and the obligations of the Company and the Grantee regarding the use of the 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 hereto hereby represent, warrant, covenant and agree as follows: 1. Project and Budget. The Grantee agrees to use the Grant to provide funds to the Company for that portion of the Project not being paid from other sources as set forth in the /13 P53 rev. _ /I3 Adjourned Meeting June 18, 2013 budget for the Project attached hereto as Exhibit B (the "Project Budget "). No portion of the Grant shall be used for any purpose whatsoever other than the Project without the prior written approval of the Executive Director of the Commission (the "Executive Director "). No material changes shall be made in the scope of the Project or to the Project Budget without the prior written approval of the Executive Director. Any document signed by the Executive Director accepting a change in the scope of the Project or to the Project Budget shall set forth with specificity the accepted change. If the maximum authorized amount of the Grant exceeds the amount necessary to complete the Project, the excess shall not be disbursed to the Grantee but shall remain with the Commission or, if previously disbursed, be returned to the Commission within thirty (30) days of the earlier of the completion of the Project or the expiration of this Agreement. The Company agrees to cause the Project to be acquired, constructed, improved, equipped, fumished and /or otherwise undertaken as described in Exhibit A and will cause the Project to be completed on or before the expiration of this Agreement. The Company represents and warrants that Grant funds and funds available from the other sources specified in the Project Budget will be sufficient to cause the Project to be completed. The Company agrees to comply with any applicable governmental requirements pertaining to the Project and the use and application of Grant funds provided hereunder, including but not limited to, applicable requirements of the Virginia Public Procurement Act (Virginia Code Section 2.24300 et.sey., as amended). 2. Payment of Grant Funds. Subject to the terms of this Agreement, including but not limited to, satisfaction by the Company, in the sole discretion of the Commission, of the conditions set forth on Exhibit C attached hereto, the Grant shall be disbursed to the Grantee on a reimbursement basis upon submission of a signed payment request on the Commission's then current form ( "Payment Request Form ") with adequate supporting documentation. The Company and the Grantee agree to comply with the Commission's General Funding Policies, Grant Disbursement Guidelines and Guidelines for Advance of Funds as adopted by the Commission as in effect from time to time and applied in the sole discretion of the Commission. Expenses incurred prior to the Award Date are not eligible for reimbursement. Prior to any disbursement, the Commission shall have on record documentation from the Grantee designating the officers, employees or agents authorized to make a reimbursement request (such documentation may be in the form of a resolution or minutes of the Grantee appointing such designee). Reimbursement requests shall be submitted not more frequently than quarterly, unless the Commission otherwise agrees. Appropriate supporting documentation shall be attached to all Payment Request Forms and may include, but is not limited to, invoices from goods purchased and services performed, receipts, vouchers, reporting forms or other evidence of the actual payment of costs related to the Project and consistent with the Project Budget. The Grantee and the Company, as appropriate, shall also provide appropriate supporting documentation of the expenditure and application of any required matching funds for the Project as set forth on Exhibit C attached hereto. The Commission may in its sole discretion refuse to make a disbursement if the documentation is not adequate or if such disbursement does not appear to be within the Project Budget or otherwise contrary to or in violation of the provisions hereof. The Commission in its sole discretion may refuse to disburse any funds to the Grantee if the Grantee —/—/13 -2• w, —/13 P54 Adjourned Meeting June 18, 2013 has previously received a grant award and a final grant report for the previous grant award has not been received by the Commission. Unless otherwise agreed in writing by the parties hereto, the Grantee shall disburse the Grant funds to the Company within thirty (30) days of receipt of such disbursement from the Commission or return such disbursement to the Commission. The Grantee may request in writing an advance of up to twenty -five percent (25 %) of the Grant if the Company lacks sufficient working capital to fund the Project. Approval of such request shall be in the sole discretion of the Commission and shall be available no earlier than ninety days (90) prior to the start of the Project. If an advance is disbursed, the Grantee may request additional disbursements only upon submission of signed Payment Request Forms with adequate supporting documentation for actual expenditures incurred for which the previous disbursement was used. 3. Quality of Work. The Commission, and its members, employees and agents, shall have the right to inspect the Project at reasonable times from time to time. Upon a determination that the quality of work done or the progress toward completion of the Project is unsatisfactory, the Commission may take whatever action is necessary to preserve the integrity of the Grant and its original intended purpose, including but not limited to, the actions set forth in Section 9 of this Agreement. The Project may be monitored through on -site visits by representatives of the Commission or in any other manner deemed appropriate by the Executive Director. 4. Parties' Relationship, In connection with the award or the administration of the Grant, the Commission does not and shall not assume any liability for any financial or other obligations of the Company or the Grantee made to third parties, whether or not related to the Project. The Company shall provide written notice to all vendors, contractors and any other party retained to work on the Project that neither the Commission nor the Commonwealth shall be liable for the Project or any payment failure or other obligation related thereto. Such written notice shall provide that by accepting work on the Project, all such vendors, contractors and other parties release and relinquish the Commission and the Commonwealth from any claim which might otherwise be asserted, and that each party accepting such work thereby indemnifies and holds the Commission, and its members, employees and agents, harmless against any and all such obligations; and further, that if any action is brought against the Commission, or its members, employees or agents, the party accepting such work shall be liable for all legal expenses and other costs related to such action. The Company is and will be acting as an independent contractor in the performance of the Project, and agrees to be responsible, where found liable and to the extent not covered by insurance or specified by statute, for the payment of any claim for loss, personal injury, death, property damage, or otherwise arising out of any act or omission of its members, employees or agents in connection with the performance of the Project. Nothing contained herein shall be deemed an express or implied waiver of the sovereign immunity of the Commission or the Commonwealth. In the event the Commission is required to take legal action under this Agreement, the Company shall be liable for any of the Commission's costs expended for the administration and enforcement of this Agreement, including but not limited to, reasonable attorney's fees and court costs that are attributable to failure by the Company to comply with its obligations hereunder. In _/_/13 -3- rev. 113 P55 Adjourned Meeting June 18, 2013 addition, to the extent permitted by law, the Grantee shall be liable for any of the Commission's costs expended for the administration and enforcement of this Agreement, including but not limited to, reasonable attorney's fees and court costs that are attributable to failure by the Grantee to comply with its obligations hereunder. 5. Recordkeeping. The Company shall maintain proper books of record and account with respect to the Grant and the Project in which accurate and timely entries shall be made in accordance with generally accepted accounting principles, consistently applied, during the term of this Agreement. Grant funds shall be held in a separate and segregated account (the "Fund ") and the Fund shall reflect all activity of the Grant funds received for the Project, itemized by category of expenses in the same manner as in the Project Budget. The Company shall retain all invoices from goods purchased and services performed, receipts, vouchers, reporting forms or other evidence of the actual payment of costs related to the Project. All books of record and account and all records of receipts and expenditures with respect to the Grant and the Project and copies of Payment Request Forms with supporting documentation and annual and final reports submitted to the Commission shall be retained for at least three (3) years after the later of the completion of the Project or the expiration of this Agreement. The Commission, and its members, employees and agents, shall have the right at reasonable times from time to time to inspect and make copies of the books and records of the Company and the Fund. 6. Annual Reports. The Company shall submit to the Commission annual financial and narrative reports reflecting activity in the Fund and progress made toward completion of the Project. Annual financial reports shall be presented on the Commission's grant reporting form then in effect (the "Grant Reporting Form'). Annual narrative reports shall indicate the progress made toward achieving the goals of the Grant and shall be submitted with the Grant Reporting Form. Annual reports shall be due one year from the Award Date and annually thereafter until the Project is complete. The Commission reserves the right to request additional information to supplement the information provided in the Grant Reporting Form or the annual narrative reports, including but not limited to, the Company's audited financial statements. 7. Final Report. The Company shall provide a final financial and narrative report to the Commission within thirty (30) days of the earlier of the completion of the Project or the expiration of this Agreement. The final report shall contain the type of information contained in the annual reports, including a narrative as to the success of the Project and a description of the long -term achievements and expectations for the Project. The Commission may withhold final disbursement of up to ten percent (10 %) of the Grant until receipt of a final report that is in all respects satisfactory to the Commission. After the completion of the Project and expiration of this Agreement, the Commission may in its sole discretion require additional reporting on the long -term achievements and expectations of the Project. 8. Interim Reports. In addition to the annual reports and final report required by Sections 6 and 7 of this Agreement, the Commission may reasonably request that the Company submit additional or interim information from time to time to ensure that the provisions of this Agreement are properly carried out, administered and enforced. —,1--113 -4- rev. /13 P56 Adjourned Meeting June 18, 2013 9. Misuse of Award; Rights of Commission. If the Commission determines that the Grantee has failed to comply with any material term or condition or obligation of the Grantee in this Agreement, including but not limited to, the Grantee making in any material respect a false or misleading statement or other written or oral representation, warranty or statement furnished or made to the Commission in this Agreement, the Application or otherwise, the Commission in its sole discretion may withhold any further disbursements to the Grantee and, in addition: (a) rescind the Grant by written notice to the Company and the Grantee, in which event the Grantee, without regard to whether the Grantee has received repayment from the Company, shall be obligated to return to the Commission, within five (5) days following receipt of such notice, an amount, from legally available funds, equal to all Grant payments received pursuant to this Agreement, plus interest from the date of receipt of such notice at the prime rate set forth in the Wall Street Journal on the date of such notice; (b) require the Grantee to take whatever action at law or in equity the Commission may direct in order to recover any Grant funds not used for the actual payment of costs related to the Project and consistent with the Project Budget, and comply with any procedures that the Commission may direct in order to prevent further improper use of the Grant; (c) take any other action as necessary to preserve the integrity of the Grant and to preserve Grant funds for appropriate uses; (d) determine that the Grantee is ineligible to receive future grant funding through the Commission; (e) withhold any and all disbursements requested by the Grantee from the Commission under any other grant previously approved by the Commission; and/or (f) take such judicial action as is necessary to collect any amounts owed, including legal action for breach of this Agreement, pursuant to this Section or as otherwise provided in this Agreement. If the Commission determines that any part of the Grant has not been used for the Project or for a purpose otherwise approved in writing by the Executive Director, or that the Company has failed to comply with any material term or condition or obligation of the Company in this Agreement, including but not limited to, the Company complying with the reporting requirements of this Agreement or making in any material respect a false or misleading statement or other written or oral representation, warranty or statement furnished or made to the Commission in this Agreement, the Application or otherwise, the Commission in its sole discretion may withhold any further disbursements to the Grantee and, in addition: (g) rescind the Grant by written notice to the Company and the Grantee, in which event the Company shall be obligated to return to the Commission, within five (5) days following receipt of such notice, an amount equal to all Grant payments received 1113 .5- rev. /13 P57 Adjourned Meeting June 18, 2013 pursuant to this Agreement, plus interest from the date of receipt of such notice at the prime rate set forth in the Wall Street Journal on the date of such notice; (h) require the Company to take whatever action at law or in equity the Commission may direct in order to recover any Grunt funds not used for the actual payment of costs related to the Project and consistent with the Project Budget, and comply with any procedures that the Commission may direct in order to prevent further improper use of the Grant; (i) take any other action as necessary to preserve the integrity of the Grant and to preserve Grant funds for appropriate uses; and/or (j) take such judicial action as is necessary to collect any amounts owed, including legal action for breach of this Agreement, pursuant to this Section or as otherwise provided in this Agreement. The Company agrees to pay the Commission's attorneys' fees and actual costs incurred in the collection of funds or for the enforcement of any obligations of the Company set forth in this Agreement, To the extent permitted by law, the Grantee agrees to pay the Commission's attorneys' fees and actual costs incurred in the enforcement of any obligations of the Grantee set forth in this Agreement. The Commission reserves the right to modify or withhold any disbursement of Grant funds if the Commission in its sole discretion determines that it is necessary in order to protect the purposes and objectives of the Commission and the Grant or to comply with any law or regulation applicable to the Commission, the Grant, the Company and/or the Grantee. 10. Sale or Encumbrance; Security Interest. Until the Commission has determined that the public purposes of the Grant have been satisfied, none of the assets or property acquired, constructed, improved, equipped, and/or famished as part of the Project shall be leased, sold. exchanged, disposed of, hypothecated, mortgaged or encumbered without the prior written approval of the Executive Director. In the event that such asset or property is leased, sold, exchanged, disposed of, hypothecated, mortgaged or encumbered without the prior written approval of the Executive Director, the Commission may assert its interest in the asset or property to recover the Commission's share of the value of such asset or property and/or recover from the Company, unless otherwise prohibited by law. The Company hereby pledges, delivers and assigns to the Commission and, as its interests may be, to the Grantee, a security interest in, to and on all property purchased with the Grunt, which security interest shall be held by the Commission and, as applicable, the Grantee to secure the Company's full performance under this Agreement. Upon the request of the Commission and, as applicable, the Grantee, the Company will execute, provide and sign all documents necessary to establish and/or perfect Commission's and, as applicable, the Grantee's security interest in such property, including deeds of trust, supplemental deeds of trust, amendments or modifications hereto, financing statements, continuation statements or other instruments and documents which may be reasonably required from time to time. The Commission —/—/13 -6- rev. /13 P58 Adjourned Meeting June 18, 2013 will release its security interest upon the Company's full performance under this Agreement, including, without limitation, the Company's full compliance with all reporting requirements required herein, and once the Commission has determined that the public purposes of the Grant have been satisfied. 11. Press Releases. Each of the Company and the Grantee agrees that it shall not issue any press releases or other public statements regarding the Grant without the prior written consent of the Commission. 12. Future Funding. The Grant provided pursuant to this Agreement shall not be deemed to be an actual or implied promise of the Commission to fund the Project except as provided for herein. No representation by the Commission, or its members, employees or agents, shall be binding unless set forth in writing and signed by the Executive Director. In addition to the other remedies provided by law or in this Agreement, if the Company or Grantee fails to comply with the terms of this Agreement, the Project shall not be entitled to additional funding by the Commission. 13. Entire Agreement. To the extent there are inconsistencies between this Agreement and its supporting documents, including the Application and the exhibits attached hereto, this Agreement shall control. This Agreement expresses the entire understanding and all agreements between the Commission, the Company and the Grantee and may not be modified except in a writing signed by the Commission, the Company and the Grantee. 14. Governing Law; Jurisdiction; Venue. This Agreement shall be governed by the applicable laws of the Commonwealth. The venue of any judicial action shall be in the Circuit Court of the City of Richmond, Virginia, and such litigation shall only be brought in such court. 15. Limitation of Commission's Liability. Nothing herein shall be deemed to be a covenant, agreement or obligation of a present or future member of the Commission or of an employee or agent of the Commission. No member, employee or agent of the Commission shall incur any personal liability with respect to any action taken by him or her pursuant 10 this Agreement. 16. Severability. If any provision of this Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof. 17. Public Documents. Unless specifically exempted pursuant to the Virginia Freedom of Information Act (Virginia Code Section 2.2 -3700 et seq., as amended), all reports, documents, financial data and other information provided to the Commission shall be public records. 18. Notices. Unless otherwise provided for herein, all notices, approvals, consents, correspondence and other communications pursuant to this Agreement shall be in writing and shall be deemed 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 (refusal shall mean return of certified mail or overnight courier package not accepted by the addressee) to (a) the Commission at 701 East Franklin Street, Suite 501, Richmond, Virginia 23219, Attention: _/_/13 -7- rev. /13 P59 Adjourned Meeting June 18, 2013 Executive Director, (b) the Grantee at the address set forth below, or (c) the Company at the address set forth below. 19. Conditional Funding. In the event that disbursement of Grant funds is contingent upon the happening of an event or events described herein that have not yet occurred as of the Award Date, the Commission may withdraw the Grant if such event or events have not been substantiated with appropriate documentation satisfactory to the Commission within twelve (12) months of the Award Date. This Agreement is subject to the availability of Commission funds. If such funds become unavailable and the Commission is unable to obtain sufficient funds, this Agreement shall be amended or terminated, as appropriate. 20. Expiration. Thirty -six (36) months after the date on which the Grant is approved, the Grant shall he automatically rescinded with respect to all funds not yet disbursed by the Commission, unless an extension is granted in writing by the Commission. 21. Survival. The rights and remedies available to the Commission shall survive any expiration or termination of this Agreement, including but not limited to, Sections 4, 7, 9, 10 and 21. 22. Counterparts. This Agreement may be executed in counterparts, each of which shall he an original, and all of which together shall constitute but one and the same instrument. [Remainder of this parse intentionally left blank.] _1_113 - 8 - rev. 113 P60 Adjourned Meeting June 18, 2013 Grant Conditions Exhibit C Disbursement Limitations. Grant funds shall not, directly or indirectly, be used for any purpose whatsoever outside of the Region without the prior written approval of the Executive Director. Matching Requirement. The Company shall obtain non - Commission funding commitments for the Project in an amount at least equal to the Giant (i.e., the Commission will fund no more than fifty percent (50 %) of the costs related to the Project). Prior to the disbursement of any Grant funds. Grantee shall provide documentation satisfactory to the Commission of the Company's eligible non - Commission funds. Non - Commission funds expended prior to the Award Date are not eligible. Unless otherwise approved by the Commission, eligible non - Commission funds shall mean cash available to the Company to pay costs related to the Project. Project Commercialization. In the event that products or services created, developed, invented, manufactured or tested using Grant funds are produced or sold (any or all of such is to "Commercialize" or a "Commercialization "), such Commercialization must first and fully occur within the Region to satisfy the public purposes of the Grant. Until the Commission has determined that the public purposes of the Grant have been satisfied and all commitments of the Company and the Grantee with respect to the Project have been fulfilled, the Company shall not, nor permit any of its affiliates, subsidiaries, successors or assigns to, Commercialize outside of the Region those products or services created, developed, invented, manufactured or tested using Grant funds without the express written approval of the Executive Director. The Company agrees to provide not less than thirty (30) days written notice to the Commission of the occurrence of any Commercialization, whether within or without the Region, as provided herein. Reimbursement for Administrative Expenses Limitations. In accordance with the Project Budget, no more than ten percent (10 %) of Grant funds shall be disbursed to cover costs related to the administration of the Grant and/or management of the Project (e.g., non - scientific, administrative, marketing or legal services). C -1 rev. 113 Motion was made by Mr. Barksdale, seconded by Ms. Bowman, to declare an emergency for purposes of purchasing under section 2.2- 4303 -F of the Code of VA 1950 as amended and ratify actions of staff and the sheriff's department for emergency purchases necessary for the protection of employees and inmates of the Pittsylvania County Jail beginning June 1, 2013 authorizing that all purchases are made from appropriated funds in the 2012 -2013 budget, which was unanimously approved by the Board. P61 Adjourned Meeting June 18, 2013 Motion was made by Mr. Snead, seconded by Mr. Harville, to approve Intertape's request to waive the required penalty for late payment considering the tax payment was only 1 day late and coming from out of the Country, which was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Harville, to authorize the County Administrator to enter into a zero dollar yearly agreement with the Town of Gretna for the Radio Mutual Aid Agreement and to provide a one -time reimbursement of $1,000.00 to the Town of Gretna, who would in turn issue a check to the Gretna Fire Department and the Gretna Rescue Squad equally in the amount of $500.00 and the $1000.00 payment would come from the E911 line item 100 -4- 035500- 810700 - Capital Outlay, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Snead, to amend the Board of Supervisors' Bylaws for the following: (1) Each member present when a question is put shall vote "yes" or "no." No member shall be excused from voting except on matters involving the consideration of his own official conduct or where his own financial interests are involved or where he may have a conflict of interest, pursuant to the Virginia State and Local Government Conflict of Interests Act (Title 2.2, Chapter 31 of the Code of Virginia, Section 2.2 -3100, 1950, as amended). (2) Delete Section 2.11 concerning only matters of emergency nature may be added to an agenda and acted upon at that same meeting. Ms. Bowman made a Substitute Motion, seconded by Mr. Barksdale, that the matter be referred to the Legislative Committee. Ms. Bowman's Substitute Motion failed by a 3 -4 majority vote of the Board, with Mr. Harville, Mr. Barber, Mr. Snead and Mr. Hagerman in opposition. The Main Motion carried which required a 10 -Day Layover. Items Added Motion was made by Ms. Bowman, seconded by Mr. Barber, to reappoint Ruth Jones as the Chatham - Blairs representative on the Pittsylvania County Public Library Board of Trustees for a 4- year term that would begin July 1, 2013 and end June 30, 2017, which was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Barksdale, to request the Circuit Court of Pittsylvania County to issue a Writ of Election for the Office of Treasurer of Pittsylvania County and place it on the November 2013 ballot, which was unanimously approved by the Board. Appointments Motion was made by Mr. Barber, seconded by Mr. Harville, to appoint Gracie May to the Social Services Board for a 4 -year term that would begin July 1, 2013 and end June 30, 2013, which was unanimously approved by the Board. Motion was made by Ms. Bowman, seconded by Mr. Barber, to appoint Earl C. Hodnett to serve as the Chatham - Blairs representative on the Social Services Board for a 4 -year term beginning on July 1, 2013 and ending on June 30, 2013, which was unanimously approved by the Board. Motion was made by Mr. Barksdale, seconded by Mr. Snead, to appoint Susan Paynter as the Banister District representative on the Social Services Board for a 4 -year term beginning on July 1, 2013 and ending on June 30, 2013, which was unanimously approved by the Board. Motion was made by Mr. Barber, seconded by Mr. Harville, to appoint Ronnie Haymore as the Tunstall Representative on the Industrial Development Authority to finish out the term left when David Long resigned, to begin immediately through November 30, 2013, which was unanimously approved by the Board. P62 Adjourned Meeting June 18, 2013 Board Announcements All members were reminded of the June 24, 2013 Joint Meeting of the Board of Supervisors and the Industrial Development Authority at 6:30pm. Closed Session Motion was made by Mr. Barber, seconded by Mr. Harville, to enter into Closed Session for the following: (a) Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community. Authority: §2- 2.3711(A)(5) of the Code of Virginia, 1950, as amended Subject Matter: Unannounced Business Purpose: Incentive package (b) Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body. Authority: §2- 2.3711(A)(7) of the Code of Virginia, 1950, as amended Subject Matter: Building Graffiti Purpose: Consultation with legal counsel employed by or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. Mr. Barber's Motion was unanimously approved by the Board and they entered into Closed Session at 10:40pm. Motion was made by Mr. Harville, seconded by Mr. Snead, to re -enter into Open Session. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the Adjourned Meeting of the Pittsylvania County Board of Supervisors on Tuesday, June 18, 2013 the Board hereby certifies by a recorded vote that to the best of each board member's knowledge only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the motion authorizing the closed meeting were heard, discussed or considered in the closed meeting. If any member believes that there was a departure from the requirements of the Code, he shall so state prior to the vote indicating the substance of the departure. The statement shall be recorded in the minutes of the Board. P63 Vote Jerry A. Hagerman Yes Brenda Bowman Yes Marshall Ecker Yes Coy E. Harville Yes James H. Snead Yes Jessie L. Barksdale Yes Tim R. Barber Yes P63 Adjourned Meeting June 18, 2013 The Board unanimously approved Mr. Harville's motion and re- entered into Open Session at 11:16pm. Motion was made by Mr. Snead, seconded by Mr. Harville, to authorize the County Administrator and County Attorney to notify John P. Light, Attorney, that the Board of Supervisors are willing to enter to an Accord of Satisfaction with the three (3) individuals that vandalized the County Administration building preventing criminal prosecution, if they come current on the amount due and owing the County for cleaning/removal of the graffiti on the County Administration building, which was unanimously approved by the Board. Adjournment Motion was made by Mr. Snead, seconded by Mr. Harville, to adjourn, which was unanimously approved by the Board. The meeting ended at 11:18pm. Marshall A. Ecker, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors P64 Joint Meeting June 24, 2013 Pittsylvania County Board of Supervisors And Industrial Development Authority Monday, June 24, 2013 Joint Meeting VIRGINIA: A Joint Meeting of the Pittsylvania County Board of Supervisors and the Industrial Development Authority was held on Monday, June 24, 2013 in the main conference room of the Captain Martin Building located at 1 Center Street in Chatham, Virginia. Mr. Marshall A. Ecker, Chairman for the Board of Supervisors opened the meeting at 6:30pm. James H. Snead Jessie L. Barksdale Marshall A. Ecker Coy E. Harville Brenda H. Bowman Jerry A. Hagerman Tim R. Barber Dan River District Banister District Staunton River District Westover District Chatham - Blairs District Callands- Gretna District Tunstall District Mr. William D. Sleeper, County Administrator, Mr. Greg L. Sides, Assistant County Administrator for Planning and Development, Mr. J. Vaden Hunt, County Attorney, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Eddie Hite, Chairman for the Industrial Development Authority (IDA) called the Industrial Development Authority to order at 6:30pm. The following Members were present: Eddie Hite Randy Anderson Stanley Simpson Ronald "Ron" McMahon Roy Byrd Charlie Mahan Ronnie Haymore Motion was made by Mr. Snead, seconded by with the addition of a Closed Session for the Industrial Dan River District Banister District Staunton River District Westover District Chatham - Blairs District Callands- Gretna District Tunstall District Mr. Barksdale, to approve the agenda, Development Authority to begin once the Board of Supervisors adjourn, which was unanimously approved by the Board. Addition: Closed Session Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body; and evaluation of performance of departments where such evaluation will necessarily involve discussion of the performance of specific individuals. P65 Joint Meeting June 24, 2013 Authority: §2.2- 3711(A)(1) of the Code of Virginia, 1950, as amended Subject: Clerk for Industrial Development Authority Purpose: Prospective Candidate The IDA and the Board of Supervisors presented Mr. David Long with a Certificate of Appreciation for his many years served on the IDA. The Board of Supervisors and the IDA discussed the direction the IDA should take for their ultimate goal and purpose. It was agreed upon by the Board and the IDA that working with Small Businesses' should be their primary focus for the future. In doing so, the IDA and Board felt they should contact other localities, especially Lake Country and Roanoke County, to find out what process and steps are necessary to operate a Small Business Revolving Loan Fund. Both the Board and the IDA felt this was a necessary tool needed to help build Small Business development within Pittsylvania County. The IDA asked the Board would they consider reimbursement to the IDA for the their clerk's salary, and were told to submit a request to the Board once the IDA officially hired their new clerk. Motion was made by Mr. Harville, seconded by Mr. Barber to adjourn, which was unanimously approved by the Board. The meeting adjourned at 8:05pm. Marshall A. Ecker, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors P66 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Out of State Travel — Victim - Witness SUBJECT/PROPOSAL/REQUEST: Approval of Out of State Travel STAFF CONTACT(S): Mr. Sleeper, Ms. Royster, Ms. Meeks AGENDA DATE: 7/1/13 ACTION: ITEM NUMBER 5(c) INFORMATION: CONSENT AGENDA ACTION: INFORMATION: Yes ATTACHMENTS: REVIEWED BY: G� BACKGROUND: The NOVA (National Organization for Victims Assistance) 39h annual conference will be held at the Hyatt Regency in Columbus, Ohio, September 15 — 17, 2013. DISCUSSION: The conference is an opportunity for Victim - Witness Programs, crime victim advocates and crisis responders from across the country to meet and network. The focus this year is on implementation of tools of our trade to build comforting justice for the victims we serve. It will provide excellent training and workshops as well as special guests and speakers from across the country. Training and education funds were approved in the Victim - Witness Program grant for Vivian Royster, Program Director, to attend. The registration fee is $375.00. Funds are also budgeted in the grant for the subsistence and lodging costs. RECOMMENDATION• Staff recommends that the Board approve the out of state travel and allow Vivian Royster, Program Director, Victim - Witness Program, to attend the 39`h Annual NOVA Conference in Columbus, Ohio, September 15 — 17, 2013. P67 UNFINISHED BUSINESS P68 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Ringgold Volunteer Fire Department Ladder Truck 1 07 -01 -2013 SUBJECT/PROPOSAL/REQUEST: Funding STAFF CONTACT(S): Mr. Sleeper BACKGROUND: ACTION: Yes CONSENT AGENDA: ITEM NUMBER: 6 INFORMATION: ACTION: INFORMATION: ATTACHMENTS: Yes,..,_. DISCUSSION: At the June 18, 2013 meeting of the Board of Supervisors, A Motion was made by Mr. Snead, seconded by Mr. Harville, to transfer the balance of the Orphanage Road Waterline Project of $125,000.00 to Ringgold Volunteer Fire Department Ladder Truck; plus $75,000.00 from Unappropriated Surplus, totaling $200,000.00 for the Ringgold Ladder Truck, which required a 10 -Day Layover that has now been met. Staff submits this to the Board of Supervisors for their review and consideration. This requires a Roll Call Vote. P69 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Ringgold Volunteer Fire Department Ladder Truck 1 06 -18 -2013 SUBJECT/PROPOSAUREOUEST: Funding STAFF CONTACT(S): Mr. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: No ITEM NUMBER: 31 INFORMATION: Industries and businesses in the Ringgold Volunteer Fire Department Service Area have asked for several years for a ladder truck to be available particularly for the industrial buildings to be able to get over top of the middle of the building if there is a fire. In the 2013 -2014 budget, staff had proposed a $200,000 funding source to help purchase this ladder truck. This was cut during the budget process. DISCUSSION: Some industries have contacted the County Administrators office requesting the support of a ladder truck in the Ringgold service area, particularly the Cane Creek Center. Ringgold Volunteer Fire Department has built on to their fire station in order to house a ladder truck. RECOMMENDATION: The staff submits this to the Board of Supervisors for their review and consideration. P70 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: I AGENDA DATE: Amendments to Board of Supervisors' By -laws on 1 07 -01 -2013 Conflict of Interest SUBJECT/PROPOSAL/RE OUEST: Amendments STAFF CONTACT(S): Mr. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: INFORMATION: INFORMATION: DISCUSSION: At the June 18, 2013 meeting of the Board of Supervisors, a Motion was made by Mr. Harville, seconded by Mr. Snead, to amend the Board of Supervisors' Bylaws for the following: (1) Each member present when a question is put shall vote "yes" or "no." No member shall be excused from voting except on matters involving the consideration of his own official conduct or where his own financial interests are involved or where he may have a conflict of interest, pursuant to the Virginia State and Local Government Conflict of Interests Act (Title 2.2, Chapter 31 of the Code of Virginia, Section 2.2 -3100, 1950, as amended). (2) Delete Section 2.11 concerning only matters of emergency nature may be added to an agenda and acted upon at that same meeting. Mr. Harville's motion required a 10 -Day Layover that has now been met. RECOMMENDATION: Staff submits this to the Board of Supervisors for their review and consideration. This requires a Roll Call Vote. P71 AGENDA TITLE: Amendment to By -laws SUBJECT/PROPOSAL/REQUEST: Amendments STAFF CONTACT(S): Mr. Sleeper BACKGROUND: PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA DATE: ITEM NUMBER: 06 -18 -2013 33 ACTION: INFORMATION: Yes CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes The Board of Supervisors by -laws authorize amendments to be presented and must be laid over until the next meeting of the Board before action can be taken. DISCUSSION: Honorable Coy E. Harville has requested two (2) amendments to current by -laws that a number of counties have adopted as follows: (1) See attached wording concerning Voting and Conflict of Interest (2) To eliminate Section 2.11 of the By -Laws (see Attached) RECOMMENDATION: Attached hereto is a proposed recommendation for the Board of Supervisors to review and consider. P72 Rebecca Flippen From: J. Vaden Hunt Sent: Friday, June 14, 2013 2:28 PM To: Dan Sleeper Cc: Rebecca Flippen; Brenda Robertson Subject: FYI Each member present when a question is put shall vote "yes" or "no." No member shall be excused from voting except on matters involving the consideration of his own official conduct or where his own financial interests are involved or where he may have a conflict of interest, pursuant to the Virginia State and Local Government Conflict of Interests Act (Title 2.2, Chapter 31 of the Code of Virginia, Section 2.2 -3100, 1950, as amended). a. Vaden Hunt Pittsylvallia County Attorney Fittsylvania County Attorney's Office PTT TS!,7L At-4fA COUNTY Tel. (434) 432 -7318 Mobile. (434) 822 -3841 Fax. (434) 432 -7714 vaden.hunt@pittgov.org www.pittgov.0rg/cotirity—atterney.htyr, VSB #: 65574 1 Center Street P.O. Box 426 Chatham, VA 24531 THIS EMAIL AND ANY ATTACHMENTS HERETO ARE CONFIDENTIAL AND NOT FOR REDISTRIBUTION. THIS EMAIL AND ANY ATTACHMENTS MAY NOT BE RELEASED UNDER THE VIRGINIA FREEDOM OF INFORMATION ACT WITHOUT PRIOR APPROVAL. This email and any attachments may contain confidential personnel matters and/or protected legal information, communications protected by altomey/client privilege, items or information protected by the attorney work product doctrine, information related to pending litigation or prepared in anticipation of litigation, androrconfidential settlement negotiations. The receipt of such information or items by any unauthorized person does not constitute a waiver of those privileges. if you have received this email or any attachments in error, please notify the sender immediately at (434) 432 -7720, and by reply email, and delete this email and any attachments to it from your in -box, sent items, and deleted items. Thank you P73 Rebecca Flippen From: J. Vaden Hunt Sent: Friday, June 14, 2013 2:35 PM To: Dan Sleeper Cc: Rebecca Flippen; Brenda Robertson Subject: I would propose to add Mr. Harville's no abstention addition to the following BOS bylaw 2.13. Quorum and Method of Voting At any meeting a majority of the supervisors shall constitute a quorum. All questions submitted to the Board for decision shall be determined by a viva voce vote of a majority of the supervisors voting on any such question, unless otherwise provided by law. The name of each member voting and how he or she voted must be recorded. The Board of Supervisors has elected not to have a tie breaker as provided for by the Code of Virginia, and a tie vote on any motion shall be considered defeated as provided for in Section 15.2 -1420 of the Code of Virginia, 1950, as amended. ,s, vadea f -leant Pittsylvania Coun3y Attcr >aey Vittsylvania County Attorney's OMce PITTSYLVANIAL C6 UNITY N71RGINII . Tel. (434) 432 -7916 Mobiie. (434) 822 -3691 Pax. (434) 432 -7714 vaden.haan i *pittgov.org www.pittgov.org /couniy _ etterrrey . r ife VSB #: 65574 1 Censer Street P.O. Box 426 Chatham, Via. 24531 THIS EMAIL AND ANY ATTACHMENTS HERETO ARE CONFIDENTIAL AND NOT FOR REDISTRIBUTION. THIS EMAIL AND ANY ATTACHMENTS MAY NOT BE RELEASED UNDER THE VIRGINIA FREEDOM OF INFORMATION ACT WITHOUT PRIOR APPROVAL. This email and any attachments may contain confidential personnel matters and/or protected legal information, communications protected by attomey /client privilege, items or information protected by the attorney work product doctrine, information related to pending litigation or prepared in anticipation of litigation, and/or confidential settlement negotiations The receipt of such information or items by any unauthorized person does not constitute a waiver of those privileges. If you have received this email or any attachments in error, please notify the sender immediately at (434) 432 -7720, and by reply email, and delete this email and any attachments to it from your in box, sent items, and deleted items. Thank you P74 BY -LAWS, RULES OF PROCEDURE AND STANDARDS OF CONDUCT OF THE BOARD OF SUPERVISORS PITTSYLVANIA COUNTY, VIRGINIA (B.S.M. 2/02/04, 4/15/08, 2/02/09, 2/01/10, 4/20/10, 9/20/11, 6/19/12, 1/7/13, 2/04/13) PURPOSE: To establish and set forth certain rules to provide for the orderly conduct of County business, to prescribe the manner and procedure by which the Board of Supervisors shall conduct matters of business, and to provide for the efficient handling thereof. GENERAL: The term "Board of Supervisors" shall also be understood to mean "the Board" wherein it appears. ARTICLE 1. Election, Composition, and Function of the Board 1.1. The Board shall be composed of seven members who shall be elected by the qualified voters of the County; one member shall be elected from each of the seven election districts for a concurrent term of four years. 1.2. At the first regular meeting of the Board in January each year, there shall be elected a chairman to serve for a period of one year expiring on December 31 ", or until replaced by the Board membership. The County Administrator, serving as temporary Chairman, shall take nominations. Nominations require a second, and the vote will be taken in the order the nominations are made. A majority vote is required; a majority shall mean four (4) votes. It shall be the Chairman's duty to preside at all Board meetings, to maintain the orderly conduct thereof, and rule on all matters of parliamentary procedure. He shall sign all voucher warrants of the County; and when the Board is not in session, he shall provide policy guidance to the County Administrator and the County Attorney. The Chairman shall continue to be a voting member of the Board. 1.3. The Board shall also elect a Vice - Chairman to serve a concurrent term with the Chairman. In absence or incapacity of the Chairman, the Vice - Chairman shall assume all the duties and functions of the Chairman. In the case where the Chairman and Vice Chairman are absent from a meeting, the members present shall choose one of their number as temporary Chairman. 1.4. The Board shall have both administrative and legislative responsibilities, some of which shall be discharged in their role as governing body and some of which they derive as an administrative political subdivision of the Commonwealth. The powers and duties of the Board shall include, but not be limited to, the following: preparation and adoption of the County Budget, levying of taxes, appropriating funds, constructing and maintaining County buildings, making and enforcing ordinances, providing for the general health safety and welfare of the public, and P75 generally exercising all other powers and functions normally attributed to government and permitted by the Laws of the Commonwealth. ARTICLE II. Meetings 2.1. The Board shall meet regularly on the first Monday and the third Tuesday of each month at 7:00 p.m. in the County Courthouse for the purpose of discharging their administrative and legislative responsibilities. 2.2. All such meetings shall be open to the public and shall be conducted in an orderly fashion with "Robert's Rules of Order" modified by State Law, being used as the parliamentary procedure. 2.3. The Sheriff of the County or his designee shall act as "Sergeant of Arms" at all meetings of the board and shall, when so directed by the Chairman, expel any person or persons from such meetings. 2.4. For the purpose of address and order, the Board and its staff shall sit in front of the "public rail" in the Courtroom and all other persons shall sit behind the "public rail ". 2.5. Agendas shall be prepared by the Board's staff and used at all meetings. All items requested to be placed on the agenda shall be submitted in writing to the County Administrator five (5) working days before the meeting; however, members of the Board of Supervisors may make oral requests. Any items received after that time shall appear on the next regular meeting agenda unless all members of the Board are present and by a unanimous vote to place such items upon the agenda. 2.6. The order of business at all regular meetings of the Board shall be as follows: No additional items of business shall be considered after the agenda is approved. Call to Order Roll Call Pledge of Allegiance Items to be Added to the Agenda Approval of Agenda Hearing of Citizens Consent Agenda Public Hearing (if any) P76 Presentations (if any) Unfinished Business New Business Appointments Reports from Board Members Reports from Officers and Committees Reports from County Administrator Closed Meeting (if needed) Adjournment 2.7. All presentations to the Board shall normally be limited to no more than ten (10) minutes, except as herein provided. 2.8. Public hearings shall be conducted as follows and any person wishing to address the Board shall do so in this manner: Each person addressing the Board shall step up, give his/her name and district in an audible tone of voice for the record, and unless further time is granted by the Chairman, shall limit his/her address to three (3) minutes; speakers for a group shall be limited to ten (10) minutes. Speakers shall conclude their remarks at that time unless the consent of the Board is affirmatively given to extend the speakers allotted time. No person shall be permitted to address the Board more than once on the same subject in any one meeting, but may also address the Board once on more than one subject. All remarks shall be addressed to the Board as a body and not to any individual member thereof. No person, other than the Board and the person having the floor, shall be permitted to enter into any discussion, either directly or indirectly or through a member of the Board, without first being recognized by the Chairman. No question shall be asked a Board member except through the Chairman. 2.8.1 Hearing of Citizens shall be indentified on the agenda of regular meetings of the Board of Supervisors. Each person addressing the Board shall be a resident or land owner of Pittsylvania County, or the registered agent of such resident or land owner. Each person shall step up, give his/her name and district in an audible tone of voice for the record, and unless further time is granted by the Chairman, shall limit his/her address to three (3) minutes. Speakers shall conclude their remarks at that time, unless the consent of the Board is affirmatively given to extend the speaker's allotted time. All remarks shall be addressed to the Board as a body and not to any individual member thereof. No person, other than the Board and the person having the floor, shall be permitted P77 to enter into any discussion, either directly or indirectly or through a member of the Board, without first being recognized by the Chairman. No question shall be asked a Board member except through the Chairman. 2.9. The Board may from time to time hold special, adjourned, and informational meetings in accordance with the Laws of the Commonwealth. 2.10. Each oral motion or resolution shall betaken down by the Deputy Clerk or Chairman and read back to the whole Board by the Deputy Clerk or the Chairman before any vote is taken. 2.11. Matters presented by the Board are generally used for individual Board members to share information with other members of the Board and the public. Unless an emergency or timely action is required, items presented under this heading requiring action will be for future agenda items or for additional information from staff members only. No item presented under this heading or at any point during the meeting will be acted upon at the meeting at which presented. However, such item shall be scheduled for Board action at a subsequent meeting within a reasonable period of time or unless withdrawn by the advocate Board member. Prior to the agenda being prepared, a member of the Board may contact the Clerk or Deputy Clerk and have an item included under this heading. The County Administrator shall prepare an Executive Summary which will inform other members of the Board of the particulars pertaining to this item. 2.12. Closed Meetings of the Board shall be requested in the same manner as prescribed in Section 2.5 or by a motion to suspend the rules carried by a majority of the Board; provided all Board members are present. 2.13. Quorum and Method of Voting At any meeting a majority of the supervisors shall constitute a quorum. All questions submitted to the Board for decision shall be determined by a viva voce vote of a majority of the supervisors voting on any such question, unless otherwise provided by law. The name of each member voting and how he or she voted must be recorded. The Board of Supervisors has elected not to have a tie breaker as provided for by the Code of Virginia, and a tie vote on any motion shall be considered defeated as provided for in Section 15.2 -1420 of the Code of Virginia, 1950, as amended. 2.14. Procedure for Roll Call for Board Members (1) The Members of the Board shall cast votes in district order on a rotating basis. (2) The Chairman of the Board of Supervisors shall cast the last vote. P78 Article III. County Administrator 3.1, The Board may appoint a County Administrator who shall serve at the pleasure of the Board. Once appointed, the County Administrator shall be the Chief Administrative Officer of the County and shall perform his/her duties in accordance with the laws of the commonwealth and the policies of the County as established by the Board in regular or special session for that purpose. When the Board is not in session, the County Administrator shall receive guidance concerning policy from the Chairman, and in his absence, the Vice - Chairman. 3.2. The County Administrator shall be in complete charge of personnel of the County and shall, in accordance with established policy, hire and fire. Any action of the County Administrator concerning dismissal of personnel is subject to review by the Board and can be reversed by two- thirds vote of the Board. Such review shall be limited to charges of discrimination and failure to follow personnel policies on the part of the Administrator in the conduct of dismissal. 3.3 The County Administrator shall serve as the purchasing agent for the County as defined by Chapter 26- Section 2 of the Pittsylvania County Code. 3.4. He shall have charge of the administration of the financial affairs of the County and to that end shall have authority and be required to: (a) Cooperate with the Board of Supervisors in compiling estimates for the current expense and capital budgets. (b) Supervise and control all encumbrances, expenditures, and disbursements to insure that budget appropriations are not exceeded; and keep the Board of Supervisors advised as to the financial needs of the County. (c) Require at such intervals as he may deem expedient or as instructed by the Board of Supervisors, report of receipts from each of the departments, boards, commissions, agencies, and he may prescribe the times at and the manner in which money is received by them shall be paid to the County Treasurer of deposited subject to modifications as prescribed and set forth in the general laws of the Commonwealth of Virginia. (d) Examine all contracts, purchase orders, and other documents, which create financial obligations against the County, and approve the same only upon ascertaining that money has been appropriated and allotted therefore, subject, however, to the provision that the Board of Supervisors may in its discretion and judgment, amend, modify, and alter this requirement to meet a specific need or requirement of a particular piece of legislation approved by the Board of Supervisors. P79 ARTICLE IV. Standing Committees 5.1. The Standing Committees of the Board shall be as follows: (a) Finance/Insurance: To aid and advise in the preparation on the County Budget and make recommendations concerning Fiscal Policy. (b) Personnel: To review policies and practices and make recommendations regarding the same. (c) Property /Building: To view buildings and grounds and make recommendations regarding the same. (d) Legislative Committee: The Legislative Committee, in collaboration with the County Attorney, shall: Review and propose changes the Bylaws, Rules of Order and Standards of Conduct of the Pittsylvania County Board of Supervisors; the Pittsylvania County Board of Supervisors Policies and Procedures Manual; and propose changes to the Pittsylvania County Codes and Compliances. 5.2. Membership to the above committees shall be appointed by the Board Chairman from the membership of the Board and may include citizen membership. Any appointment so made shall be for a specific term of office as determined by the Chairman. 5.3. The Board may, from time to time, direct that the Chairman appoint committees for a specific purpose with a limited duration. 5.4 The Chairman shall be authorized to temporarily participate, including voting, in any committee of the Board of Supervisors for the purpose of creating a quorum and/or action. ARTICLE V. Certain Ordinances and Resolutions to Lie Over 6.1. No ordinance or resolution imposing taxes or appropriating money from general fund balances, not included in the adopted budget, in excess of $5,000 shall be passed until after ten (10) days from the introduction thereof. This shall not restrict the appropriation of State, Federal, or other funds not in the current General Fund balances P80 ARTICLE VI. Recordation of Ordinances and Resolutions 7.1. Every ordinance upon its final passage shall be recorded in a book kept for that purpose, and shall be authenticated by the signature of the presiding officer and the County Administrator. 7.2. Every resolution shall be authenticated and recorded in the same manner as in 7.1 above. 7.3 Every motion appropriating funds or adopting an ordinance shall be by roll call vote. ARTICLE VII. Standards of Conduct Preamble The citizens and businesses of Pittsylvania County, Virginia, are entitled to have fair, ethical, and accountable local government, which has earned the public's full confidence for integrity. The effective functioning of democratic government requires that public officials, both elected and appointed, comply with both the letter and spirit of the laws and policies affecting the operations of government; that public officials be independent, impartial, and fair in their judgment and actions; that public office be used for the public good, not for personal gain; and that public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility. To this end, the Pittsylvania County Board of Supervisors has adopted this Standards of Conduct for members of the Board and of the County's boards, commissions, and committees, to assure public confidence in the integrity of local government and its effective and fair operation. 1. Act in the Public Interest Recognizing that stewardship of the public interest must be their primary concern, members will work for the common good of the people of Pittsylvania County and not for any private or personal interest, and they will assure fair and equitable treatment of all persons, claims, and transactions coming before the Pittsylvania County Board of Supervisors, boards, commissions, and committees. 2. Comply with the Law Members shall comply with the laws of the nation, the Commonwealth of Virginia, and the County of Pittsylvania, Virginia, in the performance of their public duties. These laws include, but are not limited to: the United States and Virginia constitutions; the Code of the County of Pittsylvania, Virginia; laws pertaining to conflicts of interest, election P81 campaigns, financial disclosures, employer responsibilities, and open processes of government; and County ordinances and policies. 3. Conduct of Members The professional and personal conduct of members must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of other members of the Board of Supervisors, boards, commissions, and committees, the staff or public. 4. Respect for Process Members shall perform their duties in accordance with the processes and rules of order established by the Board of Supervisors and boards, committees, and commissions governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions of the Board of Supervisors by County staff. 5. Conduct of Public Meetings Members shall prepare themselves for public issues; listen courteously and attentively to all public discussions before the body; and focus on the business at hand. They shall refrain from interrupting other speakers; making personal comments not germane to the business of the body; or otherwise interfering with the orderly conduct of meetings. 6. Decisions Based on Merit Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. 7. Communication Members shall publicly share substantive information that is relevant to a matter under consideration by the Board of Supervisors or boards, committees, and commissions, which they may have received from sources outside of the public decision - making process. 8. Conflict of Interest In order to assure their independence and impartiality on behalf of the common good, members shall not use their official positions to influence government decisions in which they have a material financial interest and shall disclose any substantial organizational responsibility or personal or business relationship to the parties in any matter coming before them. This paragraph is not intended to unduly restrict members who have minor business or professional dealings with clients whose matters come before them. In accordance with the law, members shall disclose investments, interests in real property, sources of income, and gifts; and they shall abstain from participating in deliberations and decision - making where conflicts may exist. 9. Gifts and Favors A member should never accept for himself or herself or for family members, favors or benefits under circumstances which might be construed by reasonable persons as influencing the performance of governmental duties. P82 10. Confidential Information Members shall respect the confidentiality of information concerning the property, personnel, or affairs of the County. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal, financial, or other private interests. 11. Use of Public Resources Members shall not use public resources that are not available to the public in general, such as County staff time, equipment, supplies, or facilities, for private gain or personal purposes. 12. Representation of Private Interests In keeping with their role as stewards of the public interest, members of the Board shall not appear on behalf of the private interests of third parties before the Board of Supervisors or any board, committee, commission or proceeding of the County, nor shall members of boards. committees, or commissions appear before their own bodies or before the Board of Supervisors on behalf of the private interests of third parties on matters related to the areas of service of their bodies. 13. Advocacy Members shall represent the official policies or positions of the Board of Supervisors, boards, commissions, or committees to the best of their ability when designated as delegates for this purpose. When representing their individual opinions and positions, members shall explicitly state they do not represent their body or Pittsylvania County, nor will they allow the inference that they do. 14. Policy Role of Members The Board of Supervisors determines the policies of the County with the advice, information, and analysis provided by the public, boards, commissions, and committees, and County staff. The Board of Supervisors delegates authority for the administration of the County to the County Administrator. Members, therefore, shall not interfere with the administrative functions of the County or the professional duties of County staff, nor shall they impair the ability of staff to implement Board policy decisions. Inquiries to staff shall be made through the County Administrator or the appropriate department manager or director. 15. Independence of Board and Commissions Because of the value of the independent advice of boards, committees, and commissions to the public decision - making process, members of the Board of Supervisors shall refrain from using their positions to unduly influence the deliberations or outcomes of board, committee, or commission proceedings. P83 16. Positive Work Place Environment Members shall support the maintenance of a positive and constructive workplace environment for County employees and for citizens and businesses dealing with the County. Members shall recognize their special role in dealings with County employees and in no way create the perception of inappropriate direction to staff. 17. Implementation As an expression of the standards of conduct for members expected by the County, the Pittsylvania County Standards of Conduct is intended to be self - enforcing. Therefore, it becomes most effective when members are thoroughly familiar with and embrace its provisions. For this reason, ethical standards shall be included in the regular orientations for candidates for the Board of Supervisors, applicants to boards, committees, commissions, and newly elected and appointed officials. Members entering office shall sign a statement affirming they have read and understood the Pittsylvania County Standards of Conduct. in addition, the Board of Supervisors, boards, committees, and commissions, shall annually review the Standards of Conduct and the Board of Supervisors shall consider recommendations from boards, committees, and commissions to update it as necessary. 18. Compliance and Enforcement The Pittsylvania County Standards of Conduct expresses standards of ethical conduct expected of members of the Pittsylvania County Board of Supervisors, boards, committees, and commissions. Members themselves have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. The chairs of boards, committees, and commissions and the Chairman of the Board of Supervisors have the additional responsibility to intervene when actions of members that appear to be in violation of the Standards of Conduct are brought to their attention. As allowed by law, the Board of Supervisors may impose sanctions and fines on members whose conduct does not comply with the County's ethical standards, such as public or private reprimand, formal censure, loss of seniority or committee assignment, or budget restriction. Where allowed by law, the Board of Supervisors also may remove members of Board- appointed boards, committees, and commissions from office. A violation of this Standards of Conduct shall not be considered a basis for challenging the validity of a Board of Supervisors, board, committee, or commission's decision. P84 MODEL OF EXCELLENCE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS, BOARDS, COMMITTEES, AND COMMISSIONS MEMBER STATEMENT As a member of the Pittsylvania County Board of Supervisors, or of a Pittsylvania County board, committee, or commission, I agree to uphold the Standards of Conduct for elected and appointed officials adopted by the County. 1 affirm that I have read and understand the Pittsylvania County Standards of Conduct. Date: Name Office /Board /Committee /Commission: P85 ARTICLE VIII. Amendments and Adoptions 8.1. Amendments to these By -Laws, Rules of Procedure and Standards of Conduct may be made at any meeting of the board by a majority vote of the Board present, after a notice of intent to amend has been given to each Board member not less than ten (10) days prior to such meeting. 8.2. Adoption of the By -Laws and procedures shall be by simple majority vote of the Board and shall be in force and effect on the day after their passage. Adopted by the Board of Supervisors, 01/22/13. P86 NEW BUSINESS P87 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Recommendations from Property & Buildings Committee SUBJECT/PROPOSAU/REOUEST: Recommendations from Committee STAFF CONTACT(S): Mr. Sleeper AGENDA DATE: 07 -01 -2013 ACTION: CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY: ITEM NUMBER: 8 INFORMATION: The Property & Buildings Committee of the Pittsylvania County Board of Supervisors will meet at 4:00p.m. on Monday, July 1, 2013 to discuss the following issue: (a) Discuss the issue concerning the Mountain Valley Beagle Club The following committee meeting recommendations will be brought to the Board of Supervisors Recommendations will be submitted following committee action. P88 PROPERTY /BUILDING COMMITTEE Pittsylvania County Board of Supervisors Monday, July 1, 2013 4:00 pm Conference Room Captain Martin Building 1 Center Street Chatham, Virginia AGENDA 1. Call to Order 4:00 pm 2. Roll Call 3. Approval of Agenda 4. New Business (a) Discuss the issue concerning the Mountain Valley Beagle Club 5. Adjournment P89 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM r Recommendations from Legislative Committee 1 07 -01 -2013 9 ACTION: INFORMATION: SUBJECUPROPOSAVREOUEST: Recommendations from Committee CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): ATTACHMENTS: Mr. Sleeper I Yes BACKGROUND: The Legislative Committee of the Pittsylvania County Board of Supervisors will meet at 4:30p.m. on Monday, July 1, 2013 to discuss the following issues: (a) Diseession on proposed ordinanee en Adult Stores TO BE STICKEN FROM AGENDA (b) Review County Noise Ordinance (c) Discussion of proposed Grass Ordinance (d) Discussion on how Solid Waste Fee Forms are handled (e) Discussion on a proposed registration for all Business Applications and proposed registration of all Existing Businesses (f) Review of proposed amendments to Credit Card Policy (g) Proposed amendment to the Pittsylvania County Bylaws; Article II, Meetings 2.6, to reflect the following changes: (1) Insert "Presentations/Recognition of Achievement' immediately following "Consent Agenda" (2) Change wording following "Public Hearings" to "Other Presentations" immediately before "Hearing of the Citizens" (h) Discussion of regulation of Mining in the County Zoning Ordinance DISCUSSION: The following committee meeting recommendations will be brought to the Board of Supervisors Recommendations will be submitted following committee action. P90 LEGISLATIVE COMMITTEE Pittsylvania County Board of Supervisors Monday, July 1, 2013 4:30 pm Conference Room Captain Martin Building 1 Center Street Chatham, Virginia AGENDA 1. Call to Order 4:30 pm 2. Roll Call 3. Approval of Agenda 4. New Business: ,_, Disetission on —proposed a • on Adult e, STRIKE FROM AGENDA (b) Review County Noise Ordinance (c) Discussion of proposed Grass Ordinance (d) Discussion on how Solid Waste Fee Forms are handled (e) Discussion on a proposed registration for all Business Applications and proposed registration of all Existing Businesses (f) Review of proposed amendments to Credit Card Policy (g) Proposed amendment to the Pittsylvania County Bylaws; Article II, Meetings 2.6, to reflect the following changes: (1) Insert "Presentations/Recognition of Achievement" immediately following "Consent Agenda" (2) Change wording following "Public Hearings" to "Other Presentations" immediately before "Hearing of the Citizens" (h) Discussion of regulation of Mining in the County Zoning Ordinance 5. Adjournment P91 PITTSYLVANIA COUNTY Board of Supervisors AGENDA TITLE: Change Order -Radio System SUBJECT/PROPOSAL /REQUEST: Change Order - Federal Engineering STAFF CONTACT(S): Davis, Sleeper BACKGROUND: EXECUTIVE SUMMARY AGENDA DATE: 07 -01 -2013 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Statement of ` Work /// DVX71vlxr " DV. ITEM NUMBER: 10 INFORMATION: INFORMATION: Pittsylvania County is in the process of upgrading its current radio communications system to a countywide interoperable P25 system leveraging existing VHF frequencies, sites and infrastructure. DISCUSSION: Pittsylvania County new radio project is nearing completion. In this phase we need to extend our ongoing services contract with Federal Engineering to assist the County with the oversight of the project. Federal Engineering has had a team of consultants to look over every step and phase of the work as performed by Gamewood Inc, (our tower contractor) and Harris Corporation for the radio system. This final phase will provide the consultants extensive time here on site for the coverage acceptance test plan as required before we turned the system on for final acceptance and beneficial use. We are within budget and have funds sufficient within the loan to handle these anticipated changes. RECOMMENDATION: Staff recommends the Board of Supervisors to authorize the County Administrator to sign the Statement of Work in the additional amount of $40,000.00. P92 „,' A "l (¢oshlnorhel'owe,oj ?c . pnnlogy^ Federal Engineering, Inc. Federal 10600 Arrowhead Drive Engineering® Fairfax, VA 22030 G 703- 359 -8200 ATTACHMENT TO PITTSYLVANIA COUNTY Issued: June 13, 2013 BASIC SERVICE AGREEMENT Dated: June 30, 2010 AMENDMENT NUMBER 1 PROJECT PCV- PSMR -IMPL PITTSYLVANIA COUNTY, VIRGINIA PUBLIC SAFETY MOBILE RADIO IMPLEMENTATION SUPPORT 1. In Section 5.0 COSTS, the cost ceiling for this SOW is changed to $160,000. 2. All other terms, conditions, and assumptions of the original contract as amended and in FE's proposal remain unchanged and in full force. FEDERAL ENGINEERING, INC. By: A�L 1r: . By (Signature) Ronald F. Bosco (Pant Name) President (Title) June 12, 2013 (Date) 1 P93 Authorization to begin work by Pittsylvania County (signature) (Pnnt Name) (Title) (Date) AGENDA TITLE: PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA DATE: 7 -01 -13 Expenditure Refunds- Requires a motion and a 10 -day ACTION: layover I Yes SUBJECUPROPOSAUREOUEST: Budget Amendment for expenditure refunds STAFF CONTACT(S): BACKGROUND: ITEM NUMBER: 11 INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: Attached is a list of expenditure refunds for the month of June 2013 for review. As discussed earlier with the Board, the simple routine of putting every refund back in the budget is extremely time consuming and leaves room for errors. To stay in balance with the Treasurer, we need to reappropriate refunds into the budget so the budget would increase with every expenditure refund. Staff recommends the reappropriation of funds as follows: $199.67 to Clerk of Court- Copier Lease (100 -4- 021600- 60051), $200.00 to Sheriff - Wrecker Service (100 -4- 031200- 3170), $60.00 to Sheriff -Parts (100 -4- 031200- 6030), $27.03 to VFD- United Way Contributions (100 -4- 032200 - 5567), 216.61 to Jail- Extradition (100 -4- 033100 - 5550), $2,551.00 to E911- Telephone (100 -4- 035500 - 5230), $3,093.28 to Library - Furniture & Fixtures (100 -4- 073100 - 6003), $31,353.87 to WIA -Other Operating Activities (251 -4- 353853- 6014), $275.00 to WIA -Other Operating Activities (251 -4- 353853- 6014). THIS ITEM REQUIRES A MOTION AND A 10 -DAY LAYOVER. P94 Finance Department P.O. Box 426 Chatham, Virginia 24531 PITTSYLVANIA COUNTY VIRGINIA MEMO TO: William D. Sleeper, County Administrator FROM: Kim Van Der Hyde .01 Finance Director SUBJECT: June Expenditure Refunds DATE: June 28, 2013 Phone (434) 432 -7740 Fax (434) 432 -7746 Gretna /Hurt (434) 656 -6211 Bachelors Hall/Whitmell (434) 797 -9550 The list below shows all expenditure refunds that were sent to the Finance Department during the month of June. I am recommending that all of the following expenditure refunds be reappropriated by the Board of Supervisors: 100 -4- 021600 -60051 Clerk of Court- Copier Lease 199.67 Reimbursement 100 -4- 031200 -3170 Sheriff - Wrecker Service 200.00 Insurance Reimbursement 100 -4- 031200 -6030 Sheriff -Svc Costs -Parts 60.00 Restitution 100 -4- 032200 -5567 VFD- United Way Contributions 27.03 Donations -100 -3 - 000000 - 189912 100 -4- 033100 -5550 Extradition 216.61 100 -4- 035500 -5230 E911- Telehpone 2,551.00 Intrado Reimbursement 100 -4- 073100 -6003 Library -Furn & Fixutres 3,093.28 Insurance Reimbursement 251 -4- 353853 -6014 WIA -Other Operating Activities 31,353.87 Rent Payments 251 -3- 000000 - 150201 251 -4- 353853 -6014 WIA -Other Operating Activities 275.00 Certification Reimbursement TOTAL NNE EXPENDITURE REFUNDS $37,976.46 P95 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Vo -Tech Tobacco Indemnification Commission (TIC) Grant Approval of the appropriation of TIC monies for the Vo -Tech project STAFF CONTACT(S): BACKGROUND: AGENDA DATE: 7 -01 -13 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY: (J ` ITEM NUMBER: 12 INFORMATION: INFORMATION: The Board of Supervisors was awarded a TIC Grant in the amount of $787,690 for the implementation of precision machining equipment and tools for the Vo -Tech Center. These funds need to be appropriated to the Industrial Development Fund (Fund 325) in the newly established Vo -Tech Equipment line item (325 -4- 081004-3163). These funds need to be appropriated in the 2013 budget because the equipment had to be purchased prior to June 30 to ensure that the equipment would arrive before school starts on August 12, 2013. This grant does require a local match that has already been budgeted in the 2014 budget. The County's share of this local match is $100,000. The total amount available for expenditure for this particular project is $887,690. RECOMMENDATION: Staff recommends that the Board appropriate a total of $787,690 in the 2013 budget to line item 325 -4- 081004 -3163. THIS APPROPRIATION REQUIRES A ROLL CALL VOTE. P96 TICRC Grant Application Budget Worksheet i. vl..m,.I l.rnsm..uxi eeafcMla e.ybmxmm 36r bN{ hebw a W(wkuklmf ha..N m aw mRrmatiey WIORa m exam 3l1'mxeitll htlwmmbn sapma d'R'mMMI 13. amtllmbb lie 7[CRC PdY aahhRe W W Tybl fdWM{ plaWa LvJmm` aMwk emmapma rolro mnYmu anmwi In Ibe pan <yWwmMin. y.n a.a Y5� epa e 31('RC F.M timm 1—.1 1'eaenl M.M. In-KW 1.1.1 M.bhinR fnW'1'abl 1tled. Mentlxl Kprvkn Sh(�,4bh.00 566,bm.W fas.aRBW W fit x,dnl Ixir.cM servkn ("E, Lnxl PominR, MNia, Tnvd, ImimnR, Sfi iNxi uh 8 M.kM1.b ILgMi�µcnnR.9�lias, Hunamµk Malmnmel Re Fav�•ionJ honle. ra _ wv tiv.l _ btllinumb ChvRn Imsmame, Lean Povmams. Nililio. ncl ___ _ ,,. ___ I'myerly 8lmymvemmb m 1 e(kveRUmn _ f gvjpmVROipmmtl m, Icnmym <m,ln,nws, vmmWwc, vbsaea, fIRJ,aml al mM,WOJIo Mam1I'aeMnrnv 4nu omm �__,____�____ %aue 8lmpxvnnxb I 1 RutlainN MRUiaiynn. Cnu W ai�MRxovolipn. pr _ ?rymfn Y.ymxb ISCIIdtl1Y1Y m. Im:n1i5e5. Clcl I.W 1'mb: SM74"M f3f5,9pp.W P97 515p ..MI s75lmm SIa3,5WW 5197,dp1,ml ffRM,mm fIN,Sml.lm slJR,MOU.W f1,336,OM3.W Pm ■ | /E0 67 ( �\( ;0 — -- El � \ }( ] 00 , c \ — a 0! « - ; § E �« § 0 \ } !i( � \� fF$( ! � - } 4! (/ ! !!( 09 \f \ Pm PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Year -End Transfers and Appropriations- Requires a motion and a 10 -day layover SUBJECT/PROPOSAL/REQUEST: Year -End Transfers and/or Appropriations STAFF CONTACT(S): BACKGROUND: AGENDA DATE: 7 -01 -13 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes GW ITEM NUMBER: 13 INFORMATION: INFORMATION: DISCUSSION: After carefully reviewing the financial status of County Departments for fiscal year 2012 -2013, several items need to be transferred and /or appropriated to eliminate bottom line deficits in these departments. The departments affected are: Treasurer, Electoral Board, Registrar, Building Inspections, Agricultural Economic Development, Pittsylvania Soil and Water Conservation District, Department of Social Services -CSA reimbursement, State Restricted Seizure Funds - Commonwealth's Attorney, Virginia Fire Program Grant. The attached listing shows the deficit, reason for the deficit and the corrective action required to rectify these deficiencies. RECOMMENDATION: Staff recommends that the Board review the attached listing of year -end corrections. Since several of these items require a 10 -day layover, the entire list will be voted on at the Board of Supervisors' adjourned meeting, July 16, 2013. P99 < O D T m z m T N 3 c d w w a � T d m 3 n 3 — c� n ° 3 o J 3 3 D 3 3 0 d a O £ P J d m O N d � n 3 � m a J x 0 m T T O O O O O O d 6 6 to A O N Y A m A O O O O O O O O O O O Y O n tNn O W Y Z O tD Y O N Y m 01 A o O m A N Y m In w W t0 m VI w V� N O N 10 A N A 00 i0 < Y O V O m N Y V m v O O O S< m o D D a z w S N C < m < m R , m c c m n n n 6 N (p £ 3j d d d a m 3 T m m m m w' 3 > > o O o a m m m 3 in -n$' m m » O OI o 0 o N UO n N m m O N n N _ m (D J N m m OI ° » n M a o_ ° O a 3 m S m N n Y W T D 0 H J W D A n m n 0 D a D n D TC' £ N O M O W a m m m o m 'O d 0 'a 6 3 < o 0 < 0 w n 0 3 m m 0 M a a N N o ° 0 N o 3 D' °° n O a ° 0 a y n a , C 3 C O C O » N N O O N 0 0. •' ° o o° 0 m O' N s 3 w :^ m m' f 3 0. m o , ,N 3 J 0 Yo —° ., a 3 a 3 D d o' a m �, 0 p o m c c c n m< D a 3 m O m m D m m m 3 ono oa o m omi 3 0 `D T v+ 3 OI IA 0 n 3? c 0 0 ° A? O� ry ry O n m 0 N J � O Y m lJl O m m N Ll O P100 F m a c N ti O ei Y � N N N L N < � d m � d n � D c � a � O » � D 3 O m 9 N n N PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Transfer for Jail Repairs SUBJECT/PROPOSAL/REOUEST: Approval of Transfer from the Jail Architect Line item in Fund 310 to the Jail's Operating Budget to cover emergency jail repairs STAFF CONTACT(S): AGENDA DATE: 7 -01 -13 ACTION: Yes ITEM NUMBER: 14 INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: No REVIEWED BY: c /fj BACKGROUND: The Jail experienced problems with their underground pipe system during the month of June. It was determined that the pipes located under the Jail needed to be replaced. DISCUSSION: A total of $16,234.75 has been spent to date to correct the issues with the underground pipes at the Jail. These funds can be transferred from the Jail Architect line item (310-4-094150-8186) in Fund 310 to the Jail's Repairs and Maintenance line item (100-4-033100-3310). A request for additional funds to be transferred from this account to the Jail's operating budget will be made in the new fiscal budget when the total expenditure becomes known. RECOMMENDATION: Staff recommends the Board of Supervisors approve a transfer from the Jail Architect line item (310 -4- 094150 -8186) to the Jail- Repairs and Maintenance line item (100-4-033100-33 1 0) for fiscal year 2013. P101 REPORTS FROM MEMBERS P102 REPORTS FROM LEGAL COUNSEL P103 REPORTS FROM COUNTY ADMINISTRATOR P104 a race o If e �S PITTSYLVANIA COUNTY SCHOOLS P.O. Box 232. 39 Bank Street S.E. • Chatham, Virginia 24531 Mr. James E. McDaniel Division Superintendent Letter to the Editors of the Star Tribune and The Danville Register Thanks Supervisors Having faced the challenge of a $12.1 million funding shortfall over the past four years, the prospects for cuts in the 2013 -2014 budget were not expected to be as dramatic as in previous fiscal years. News from Richmond indicated that Pittsylvania County Schools' employees could be receiving their first raise in nearly five (5) years. Governor Robert (Bob) McDonnell proposed a two (2) percent pay increase for qualified employees that was supported by the General Assembly, the School Board and the Board of Supervisors. At the federal level, a new word, "sequestration," was introduced into our vocabulary. Early projected loss of federal dollars was as high as $400,000 per year; however, the latest unofficial information indicates that Pittsylvania County Schools could face a loss of entitlement allocations in the amount of $289,000. Locally, the "good news" is that Pittsylvania County Schools requested $15,630,178 from the Board of Supervisors. This amount was approximately $800,000 above the Local Required Effort (LRE). Thankfully, the Board of Supervisors and the County Administrator's Office supported our request. These funds are being utilized to provide a 2% raise for employees, cover the 1% phase -in cost of the Virginia Retirement System (VRS), pay for the employer share of the VRS, FICA costs and substitute for the loss of federal revenues due to sequestration. Additionally, the Board of Supervisors supported the implementation of the new Precision Machining program at the Career and Technical Center and several of the Safety Initiatives proposed by the School Division and the Sheriffs Office. It is worth noting that the Pittsylvania County School Board has stayed committed to saving jobs, maintaining quality instructional programs and ensuring the long -term viability of the organization. Achieving these lofty goals in tough economic times could not have been possible without the financial support of the Board of Supervisors. Indeed, their commitment to public education for the 2013 -2014 school year will go a long way in boosting staff moral and ensuring the best possible education for our students. Efforts by patrons, parents and community leaders to support the budget process are encouraging. Clearly, healthy partnerships between all stakeholders in the community will result in quality schools and college and career ready students. Our passion for excellence is the mission, and striving "to be recognized as having an innovative, challenging and exemplary school system" is our vision. Thanks to the financial support of the Board of Supervisors, Pittsylvania County Schools is able `to educate and nurture students to be successful and productive citizens." James E. McDamel Division Superintenden TELEPHONE NUMBERS: (434) 432.2761 • (434) 793 -1674 Manville) • (434) 656 -6248 (Gretna) • FAX (434) 432 -9560 P105 F F010- Adl� Virginia Cooperative Extension Virginia Tech Virginia State University www.ext.vtedu OFFICE STAFF Jamie Stowe Unit Coordinator Extension Agent Agriculture & Natural Resources Animal Science Stephen Barts Extension Agent Agriculture & Natural Resources Crop Science Adam Ford Extension Agent 4 -H Youth Develop- ment Alisa McKenzie Family Nutrition Program Assistant SNAP -Ed Youth Susan Burnett Unit Administrative Assistant Extension Agents Tind success in Tobacco Grants The Pittsylvania County Office worked collaboratively with agents in 17 counties to propose the Central Virginia Commodity Storage Initiative to the Virginia Tobacco Commis- sion and received funding in 2010 and 2011 with the project extending through 2012 (see attachment for additional infor- mation). Over the course of the project thirty -four producers in Pittsylvania County alone received funding to build 32 hay barns and 2 grain bins. Produc- ers a 33% cost share up to $3,300 reimbursement. The eleven producers receiving cost share in 2012 spent $164,000 in our local community building storage facilities and received almost $35,000 in cost -share in return. Producers were able to store 5,458 round bales of hay, 396 square bales of hay and 521 tons of grain in 2012. By participating in this program, producers saved $135,000 worth of hay and grain from going to waste in 2011 -12. After experiencing the success of the Commodity Storage Initiative, the agents launched a new proposal, the Central Virginia Livestock Improvement Initiative which provided cost - share on a variety of items in the following areas: livestock management, pasture utilization, and hay /feed efficiency. Fifteen producers were approved to participate in 2012. They received $41,000 in cost -share and spending over $164,000 on qualifying ANR Animal Science Achievements • 90 producers recertified in the Beef Quality Assurance Program. • Conducted Artificial Insemi- nation series with over 109 attending, I I of which were new clients w Extension programs. • Beef Health Program focus- ing on local issues and beef cattle handling. • Was a partner in the Pittsyl- vania Caswell junior Live- stock Show and Sale which boasted 108 exhibitors and 171 animals. • Worked with Pittsyly inia County Beekeepers Asso- ciation to host 'Introduction to Beekeep- ing." 64 participated with 38 new Extension clients. Supported by a $600 VCE Central District Mini -grant • Serving as leader of the Pittsylvania Co 4-H Live- stock Club. which has 20 members. • Hosted the Virginia Forage and Grasslands Winter Conference and Fencing School in the county. P106 • Partnered with Right Risk LLC to host a meeting on Risk Management Strategies for Beef Producers. • Worked to certify Virginia Premium Assured Heifers sold at annual G& E Heifer Sale in Gretna. • Expended $66,344 in exter- nalfunding. PA G E 2/ I 4 -H Partn In 2012, the Pittsylvania County Extension Office, through the 4 -H program, continued to strengthen their partnership with Pittsylvania County Schools, In- school curriculum instruction through experiential learning was presented to Sth grade classes reinforcing SOL's with 181 students. 4 -H SNAP -Ed programming was provided to K -2 grades at Mt. Airy where 96 youth learned about healthy eating habits. Each iers with PCS county high school partici- how that affects how they pated in the Reality Store interact with others. program with a total of 540 youth participating. In this program they are encouraged to think about making respon- sible financial and life choices." STEM programming was of- fered at Gretna High School _. and 100 students participated. True Colors curriculum was offered at Gretna High I School. This offers students a chance to understand what their personality type is and 4-H in the Forefront • 100% club growth with addition of Shooting Sports Club and Syca- more Saddles Horse Club. • Club enrollment in- creased 65% with enroll- ment of 28 new youth in special interest clubs. • Almost $8,000 raised to support 4 -H program- ming through grants awarded by the Womack Foundation and J.T. Minnie Maude Founda- tion, and a partnership with the Rotary auction. • Stockman's Teams placed 4th -Quiz, 4th & Sth- Identi0cation, and 10th - Overall at the State Fair Stockmen's Competition. • Livestock Judging Teams placed 8th & 9th - Overall, 10th -Beef, 6th - Reasons, 8th & 10th- Sheep, and 2nd & 9th -Swine at the 2012 State 4 -H Livestock Judging Contest. Extension Leadership Council Virginia Cooperative Extension strives to meet the needs of the local community through dissemination of research based information. Local Ex- tension Leadership Councils are comprised of a variety of stakeholders from the locality. Local ELC's participate in the programming process by help- ing to identify needs in the community that can be ad- dressed through Extension programming. They also serve as advocates for Extension. The Pittsylvania County ELC meets quarterly to discuss and evaluate programming efforts. All members are volunteers who donate their time because P I T T S Y L V A N I A COUNTY O F F I C E P107 they believe in the mission of Virginia Cooperative Extension. If you see needs in the community that we can address through Extension programming, we welcome your ideas and suggestions. Credits for the Field Crops Program • Annual Tobacco Production Meeting had 182 attendees. • Presented during the General Session of the 45th Tobacco Workers Conference in Williamsburg, VA. Over 300 attendees from 13 different countries. Also presented on the status of Tobacco GAP Programs from the grower's perspective. • Made over 100 farm visits during growing season. Cost of these consultations would be $29,000 if performed by an independent crop consult- ant • Hosted delegation from Henan Agricultural Univer- sity, Henan Province, China. • Provided tour for US To- bacco Associates grading schools with 42 participants from 10 nations. • Added 2012 Small Grains Production Meeting for 31 growers. 100% of attendees plan to make one or more changes to production prac- tices and 94% will calibrate their seeder. • Tobacco Curing Field Day highlighted findings from data collected from 13 new barns. • Expended $11,189 in external funding. PAGE 3 Pesticide Safety a Priority Pest management and pesticide safety are major concerns for agricultural produc- ers and homeowners in our community. Our office provides insect and disease identification and management recom- mendations for al types of plants from commercial production to the backyard gardener. We deal with information pesticide education on a weekly basis, but also conduct a more formal pesticide safety education program too! In 2012 we conducted 3 private applicator recertification classes with 172 participants. We also part- ner with Pittsylvania County Schools to con- duct a registered tech recertification for imtheir staff and work with the Career and Technical education program to adminis- P108 ter the private applicator test to the Agricul- tural Education Students. A special project in 2012 was the pesticide disposal program in cooperation with Virginia Department of Agri- culture and Consumer - Services. The pro- gram was widely advertised as a venue for producers and homeowners to properly dis- pose of old, unwanted pesticide products at NO COST! In September we collected 5,517 pounds of pesticides from over fifteen partici- pants. On -Farm Research Provides Relevance I While research station data is in- rise, so a demonstration plot was concern are budworms, which feed ' valuable information, research installed featuring alternative fer- on the bud prior to topping. New conducted under actual farm con- tilization sources to illustrate that ' insecticides have recently been la- ditions provides a glimpse of what more cost effective fertilization beled for budworn control, so these growers would actually experience. programs can be used without insecticides were compared to cur - ' As a result, six research and dem- sacrificing yield or quality. Follow- rent treatments that were applied at ' onstration trials were implemented ing the loss of all contact nemati- varying rates and different timings to study different elements of to- cide options for growers, varietal during the season to evaluate the I bacco production. The on -farm resistance becomes of greater best changes for budworm control. test included 16 commonly importance. Therefore, a trial was The results were conveyed to ' 'variety used cultivars and two new re- put in place to understand varietal grower at winter meet- leases from various seed compa- resistance among commonly cuhi- ings. nies. Fertilizer costs continue to vated varieties. The other pest of Pesticide Safety a Priority Pest management and pesticide safety are major concerns for agricultural produc- ers and homeowners in our community. Our office provides insect and disease identification and management recom- mendations for al types of plants from commercial production to the backyard gardener. We deal with information pesticide education on a weekly basis, but also conduct a more formal pesticide safety education program too! In 2012 we conducted 3 private applicator recertification classes with 172 participants. We also part- ner with Pittsylvania County Schools to con- duct a registered tech recertification for imtheir staff and work with the Career and Technical education program to adminis- P108 ter the private applicator test to the Agricul- tural Education Students. A special project in 2012 was the pesticide disposal program in cooperation with Virginia Department of Agri- culture and Consumer - Services. The pro- gram was widely advertised as a venue for producers and homeowners to properly dis- pose of old, unwanted pesticide products at NO COST! In September we collected 5,517 pounds of pesticides from over fifteen partici- pants. - - - - - - - - - - - - - Virginia Cooperative AFA Extension Virginia Tech • Virginia State University Pittsylvania County Office I 19783 US Highway 29 South - Suite C Chatham, VA 24531 ' Phone: 434-432-7770 Fax: 434-432-7770 www.ext.vt.edu — — — — — — — — — — — — — - -- - - - - - - - - - - - - - - - � Extension is a joint program of Virginia Tech, Virginia State University, the U.S. Department of Agriculture, and state and local governments. Virginia Cooperative Extension programs and employ- ment are open to all, regardless of race, color, national i origin, sex, religion, age, disability, political beliefs, sexual orientation, or marital or family status. An equal oppor- tunity /affirmative action employer. Issued in furtherance of Cooperative Extension work, Virginia Polytechnic In- stitute and State University, Virginia State University, and the U.S. Department of Agriculture cooperating. Edwin J. i Jones, Director, Virginia Cooperative Extension, Virginia I Tech, Blacksburg; Jewel E. Hairston, Administrator, 1890 Extension Program, Virginia State, Petersburg. If you are a person with a disability and desire any assis- tive devices, services or other accommodations to par- ticipate in this activity, please contact Pittsylvania County Extension Office at (434) 432 -7770 during business hours of 8:00 a.m. and 4:30 p.m. Monday through Friday to discuss accommodations 5 days prior to the event. 'TDD number is (800) 828 -1120. I — — — — — — — — — — — — — — — — P109 I r Upper Left: A stop on the Tobacco Associates Tour. Lower Left: Staff with Care Environmental Corporation work with Extension personnel to load old pesticides from a barn in the county. Upper Right: Members of the Pittsylvania County 4 -H Live- stock Club collect donations to provide a Christmas Dinner for a deserving family in the county. Abstract Stored and/or purchased feed is typically the number one cost of production for livestock producers. Hay Stored without protection can lose 30% or more of its dry matter due to weathering. Commodity feeds that can be purchased and stored in bulk provide producers with cost savings versus purchasing feed in small quantities. A coalition of agents, Support staff, local government and producer representatives developed a grant proposal in late 2009 to improve the feed and /or storage efficiency of commodities for livestock and grain producers in tobacco dependent Communities. This proposal, entitled the Central Virginia Commodity Storage Initiative was approved by the Virginia Tobacco Indemnification & Community Revitalization Commission for $500,000.00 in funding in 2010 and $400,000.00 in 2011. The Central Virginia Commodity Storage Initiative offered producers in a 17 -county region an opportunity to apply for a cost share incentive of up to $3,300.00 for improvement practices in either hay storage, feed /grain storage, or commodity feed storage structures. A total of 257 producer projects were installed through the grant which was Completed in 2012. For every dollar invested in this program by the Tobacco Commission, producers invested an additional $3.26. Consequently, for the 257 projects completed, there has been economic activity in the participating Communities of $3,432,317.50. As a result of these facility installations, this project has enabled the proper storage of an average of 30,050 round bales of hay, 1028 tons of feed, and 119,000 bushels of grain on an annual basis. 17 Participating Counties Amelia, Appomattox, Bedford, Brunswick. Buckingham. Campbell, Charlotte, Cumberland, Dinwiddie, Greeri.Alle, Halifax, Lunenburg, Mecklenburg. Nottoway. Pittsylvania. Prince Edward. & Sussex Background j The primary agricultural industries in central and southside Virginia are ruminant livestock and grain 1 production. Feed is typically the highest cost of I production for livestock producers The majority Of cattle and sheep producers rely on round bale hay as a major source of winter forage, but research has demonstrated that round bales stored without protection from weathering can undergo dry matter losses of 30% or more. Efficient storage practices in improved facilities reduce economic losses. Producers can also increase savings by purchasing and stoning commodity feeds in bulk quantities. Grain prices at harvest tend to be the lowest of the year. Grain producers that properly store their grain can take !` advantage of changing market conditions and be prepared to sell their commodities at the most profitable point in time. Response: The Commodity Storage Initiative The Central Virginia Commodity Storage Initiative was developed by a coalition of agents, support staff, and local government and producer representatives in 2009 as the result of a grant proposal to improve the feed and storage efficiency of Commodities for livestock and grain fir producers in tobacco - dependent Communities. The proposal was approved by the Virginia r Tobacco Indemnification & Community 11 Revitalization Commission for $900,000 total in ! funding for 2010 and 2011. The initiative offered !i producers in a 17- county region an opportunity to apply for Cost share incentives of up to $3,300 for ij improvement practices in hay and feed /grain storage or Commodity storage structures. Pilo Community Impacts The project was completed in 2012. For ! every dollar invested by the Tobacco Commission, the producer invested an addiffonal $3.26. This resulted in the following' Total number of projects funded: 257 Economic impact: $3,432,317.50 l Hay 30,050 round bales Feed 1028 tons Grain 119,000 bushels Commodities stored annually i Storage SWdure in Sylvania County PITTSYLVANIA COUNTY VIR GINIA �SSY L�9� Darrell W. Dalton, Superintendent ¢t 9 Building & Grounds Department n Phone (434) 432 -1768 51 N. Main St. a ��.� c Fax (434) 432 -2294 P.O. Box 426 m O ��-i ,y Gretna /Hurt (434) 656 -6211 Chatham, Virginia 24531 Bachelors Hall/Whitmell (434) 797 -9550 E -mail: dartell.dalton @pittgov.org L� 767 � MEMORANDUM To: Otis S. Hawker, Assistant County Administrator From: Kaylyn Giles, Secretary II, County Administration Date: June 28, 2013 Subject: COMPLETED WORK ORDERS — June 2013 Attached please find a listing, by department, of completed work orders for the month of June. This list does not reflect work orders in progress but not yet completed, actual expenses incurred, or routine maintenance necessary for the smooth operation of the County facilities. However, it does reflect the total number of man- hours. Presently, there are approximately 20 work orders still outstanding. If you have any questions concerning this, please do not hesitate to contact me. KG Attachment cc: William D. Sleeper, County Administrator Darrell W. Dalton, Director of Buildings and Properties Pill BUILDING & GROUNDS MAINTENANCE WORK ORDERS COMPLETED FOR MONTH OF JUNE 2013 NO. W/O MAN -HOURS ANIMAL CONTROL ARMORY A S C S / EXTENSION / USDA -FSA BOARD OF SUPERVISORS BUILDING & GROUNDS BUILDING INSPECTIONS CAPTAIN MARTIN BLDG 1 4 CENTRAL ACCOUTING CENTRAL PURCHASING CIRCUIT COURT 4 8 CLERK OF COURT 3 5 CODE COMPLIANCE (PLANNING COMMISSSION & ZONING COMMISSIONER OF REVENUE I I COMMONWEALTH ATTORNEY I 1 COMMUNITY POLICY AND MGMT. BOARD COMPACTOR SITE 2 16 COUNTY ADMINISTRATOR AND ASST_ COUNTY ADMIN_ 3 19 COUNTY ATTORNEY COURTHOUSE (1968 ANNEX) COURTHOUSE (EDWIN R SHIELDS) CSA -CPMB DEPOT BUILDING 3 2 ECONOMIC DEVELOPMENT EMERGENCY 911 FACILITY 6 7 ENVIRONMENTAL HEALTH FINANCE 3 5 FIRE MARSHAL 1 4 GENERAL DISTRICT COURT 5 10 GRANTS ADMISTRATION HEALTH DEPARTMENT 2 4 HUMAN SERVICES FACILITY INDUSTRIAL PARKS INFORMATION TECHNOLOGY 3 2 JAIL 27 27 JUVENILE & DOMESTIC COURT JUVENILE & DOMESTIC COUR "F SERVICES UNIT LANDFILL 1 2 LIBRARY 5 13 LITERACY MAGISTRATE MOSES BUILDING OLD DOMINION AG. COMPLEX PCED BUILDING REASSESSMENT RECREATION: RAIL -TRAIL & WAYSIDE PARK 2 4 RECREATIONAL REGISTRAR- VOTING PRECINCTS 4 9 SHERIFF SOCIAL SERVICES 6 10 TREASURER I I VICTIM WITNESS OTHER: 4380 BERRY HILL RD RINGGOLD DEPOT CALLANDS CLERKS OFFICE OLD CHATHAM ELEMENTARY SCHOOL YATES TAVERN TOTAL WORK ORDERS COAffLETED - JONE 2013 84 154 YEAR To DATE 07 /012012 - 0&1302013 1,098 2,014 P 112 PITTSYLVANIA COUNTY Witham D. Sleeper County Administrator P.O. Box 426 Chatham, Virginia 24531 e -mail: dsleeper @pittgov.org VIRGINIA MEMORANDUM To: Otis S. Hawker, Assistant County Administrator From: Henry Boswell, Jr., Chief Animal Control Officer Phone (434) 432.7710 Fax (434) 432 -7714 Gretna /Hurt (434) 656 -6211 Date: June 28, 2013, Subject: Animal Control Activity Report During the period of June 1, 2013 through June 27, 2013, the Animal Control Officers responded to 406 calls as per Henry Boswell, Chief Animal Control Officer, resulting in the following: Description Number Remarks Animals taken into custody: 170 Dogs 64 Cats 109 Other 2 Animals on hand at month end 9 Animals dispatched 41 19 cats 2 opossum 20 dogs Licenses checked 91 Court cases 25 Summons 17 Animals Adopted 5 Animals returned to owners 6 Cats taken to the Humane Society 89 Animals Transferred 33 DAHS 4, FCHS 29 Inured animals picked up 3 Animals found in traps 76 Exposures: Human /Saliva 0 Exposures: Dogs/Cats/Wildlife 1 Dog Bites 6 plus 1 pig bite Cat Bites I Cruelly Checks 0 Well -being Checks 5 Cat/Dog Fights 3 Investigated killings by dogs/cats 3 Investigate killings by Coyotes 0 if you have any questions concerning this, please do not hesitate to contact me. cc: William D. Sleeper, County Administrator P113 PITTSYLVANIA COUNTY VIRGINIA L1t William D. Sleeper ¢¢ _ 9� Phone (434) 432 -7710 County Administrator o P O. Box 426 �1 C Fax (434) 432 -7714 t o z Gretna /Hurt (434) 656 -6211 Chatham, Virginia 24531 `r✓ 'v e -mail: dsleepet @pittgov.org `n 1767 y MEMORANDUM To: Otis S. Hawker, Assistant County Administrator From: Henry Boswell, Jr., Chief Animal Control Officer Date: June 28, 2013, Subject: Conservators of the Peace Solid Waste Monitoring Report The Animal Control Officers whom have been appointed to the position of Conservators of the Peace monitoring solid waste sites in Pittsylvania County, as per Pete Boswell, Chief Animal Control Officer, for the period of June 1, 2013 through June 27, 2013 Description Number Remarks Total hours monitored 77.5 hrs During this period in June there where 20 working days; 13 of which only 2 officers working, due to vac sickness, personal days Vehicles entering sites 932 Vehicles checked 29 Summons' issued 4 Court Cases 4 Convictions 4 If you have any questions concerning this, please do not hesitate to contact me. cc: William D. Sleeper, County Administrator P114 PITTSYLVANIA COUNTY CODE COMPLIANCE MONTHLY REPORT & FEES June 2013 TYPES OF PERMITS 82 BUILDING PERMIT FEES COLLECTED $9,714.72 82 LEVY COLLECTED $194.42 0 SUBDIVISION FEES COLLECTED $0.00 46 ZONING PERMIT FEES COLLECTED $205.00 0 REINSPECTION FEES COLLECTED $0.00 15 LAND DISTURBING FEES COLLECTED $215.00 225 TOTAL FEES COLLECTED $10,329.14 MONTHLY BUILDING VALUES 13 NEW DWELLINGS $2,094,200.00 2 MOBILE HOMES /OFFICE TRAILERS 15,000.00 2 DOUBLE -WIDE MOBILE HOMES 100,164.00 2 MODULAR 241,000.00 12 COMMERCIAL CONSTRUCTION 2,936,181.00 51 MISCELLANEOUS 787,635.00 82 TOTAL $6,174,180.00 NONTAXABLE: $3,654,504.00 $20,109,583.00 MONTHLY ACTIVITY REPORT NUMBER OF BUILDING INSPECTIONS MADE 268 NUMBER OF REJECTIONS OF WORK 30 NUMBER OF E & S INSPECTIONS 72 NUMBER OF MILES INSPECTORS TRAVELED 4,089 MONTHLY 'ZONING FEES 10 REZONING FEES COLLECTED $1,880.90 2 SPECIAL USE PERMIT FEES COLLECTED 394.51 0 VARIANCE & APPEAL FEES COLLECTED 0.00 0 SIGN PERMIT FEES COLLECTED 0.00 12 TOTAL $2,275.41 Respectfully Submitted, ®'u A Odie H. Shelton, Jr. Director of Code Compliance/ Zoning Administrator P115 ADJOURNMENT P116