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03-18-2014 Public Hearing TLAC AgreementPUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a public hearing at 7:00 p.m. on Tuesday, March 18, 2014 in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia to receive citizen input on a proposed amendment to Chapter 1, Article III, Section 1.8 of Pittsylvania County Code. The proposed amendment would incorporate a Revised Organizational Cooperative Agreement that would expand TLAC's responsibilities to include Leesville Lake, and incorporate Campbell County into the Agreement into Chapter 1, Article III, Section 1.8 of Pittsylvania County Code. A complete text of the proposed changes are available in the Office of the County Administrator, I Center Street, Chatham, Virginia, Monday through Friday between the hours of 8:00 a. m. and 5:00 p. m, as well as on the County's website at www.pittgov.org PITTSYLVANIA COUNTY CODE CHAPTER 1 GENERAL PROVISIONS How Code Designated and Cited § 1 -2. Provisions Considered as Continuations of Existing Ordinances § 1 -3. Severability of Parts of Code § 1 -4. Catchlines of Sections § 1 -5. Rules of Construction § 1 -6. General Penalty: Continuing Violation § 1 -7. County Seal § 1 -8. Joint Exercise of Powers CHAPTER I GENERAL PROVISIONS SEC, 1 -1. HOW CODE DESIGNATED AND CITED The ordinances embraced in this and the following chapters and sections shall constitute and be designated "The Code of the County of Pittsylvania, Virginia, 1976" and may be so cited. Such ordinances may also be cited as " Pittsylvania County Code of 1976." SEC.1 -2, PROVISIONS CONSIDERED AS CONTINUATIONS OF EXISTING The provisions appearing in this Code, so far as they are the same as those contained in the Board of Supervisors Minute books shall be considered as continuations thereof and not as new enactments. SEC. 1 -3, SEVERABILITY OF PARTS OF CODE It is hereby declared to be the intention of the Board of Supervisors that the sections, paragraphs, sentences, clauses, and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph, or section of this Code shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Code. SEC, 1-4. CATCHLINESS OF SECTIONS The catchlines of the several sections of this Code as intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or re- enacted. SEC. 1 -5. RULES OF CONSTRUCTION In the construction of this Code and of all ordinances the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the Board of Supervisors: Board. The word "board" shall be construed to mean "The Board of Supervisors of the County of Pittsylvania ". Computation of Time. Whenever a notice is required to be given, or an act to be done, a certain length of time before any proceeding shall be had, the day on which such notice is given, or such act is done, shall be counted in computing the time, but the day on which such proceeding is to be had shall not be counted. County. The words "County" or "the County" shall mean the County of Pittsylvania in the State of Virginia. Gender. A word imparting the singular number only may extend and be applied to several persons or things as well as to one person or thing; a work imparting the plural number only may extend and be applied to one person or thing; as well as to several persons or things. Person. The word "person" may extend and be applied to associations, firms, partnerships, and bodies political and corporate as well as to individuals. State. The word "state" shall be construed as if the words "of Virginia" followed it. SEC. 1 -6. GENERAL PENALTY: CONTINUING VIOLATION Wherever in this Code, or in any ordinance or resolution of the county, or rule or regulation or order promulgated by any officer or agency of the county under authority duly vested in him or if any act is prohibited or is declared to be unlawful or a misdemeanor of the doing of any act is required or the failure to do any act is declared to be unlawful or a misdemeanor, and no specific penalty is provided for the violation thereof, the violation of any such provision of this Code or of any such ordinance, resolution, rule, regulation, or order shall be punished by a fine not exceeding one thousand dollars or by imprisonment not exceeding twelve months, or both. Each day any violation of this Code or any such ordinance, resolution, rule, regulation or order shall continue, shall constitute, except where otherwise provided, a separate offense. SEC. 1 -7. COUNTY SEAL The corporate seal of the county shall be circular in form, one and seven - eights inches in diameter, with the words "Seal of Pittsylvania County Virginia" and "1767' appearing on the circumference with a design in the center depicting the American bald eagle. No other seal shall be used for the county and no paper issued by municipal authority, which requires the seal of the county shall be valid unless the seal described herein, shall be duly affixed thereto, attested by the county clerk. The clerk shall be the custodian of the county seal. An imprint of the seal is hereby approved and adopted is attached to the original draft of this ordinance. This ordinance shall become effective on and all other ordinances or parts of ordinances in conflict herewith are hereby repealed on January 1, 1975. SEC, 1 -8, JOINT EXERCISE OF POWERS The Board of Supervisors of Pittsylvania County may enter into an intergovernmental agreement where two or more political subdivisions share joint action pursuant to the authority of Chapter 13, Section 15.2 -1300, Code of Virginia, 1950, as amended, provided that all requirements of Section 15.2 -1300 are met and the document is identified herein. (a) Agreement between Pittsylvania County, Virginia, the Pittsylvania County Industrial Development Authority, and the Pittsylvania Economic Development Organization, February 18, 1986. (b) Agreement entitled "Tri- County Lake Administrative Commission" between the Pittsylvania County, Virginia, Franklin County, Virginia and Bedford County, Virginia, October 2, 2000. (c) Agreement entitled "Regional Industrial Facility Authority" for Cost sharing and Revenue sharing between the City of Danville, Virginia, and Pittsylvania County, Virginia, October 1, 2001. (d) Agreement entitled "Joint Powers Association Agreement" Virginia Energy Purchasing Governmental Association. (e) Agreement entitled "Joint Exercise of Powers Agreement for Broadband Internet Services" between the Pittsylvania County, City of Danville, Danville Public Schools, and Pittsylvania County Schools. (B.S.M. 05- 18 -04) (f) Agreement entitled `Boundary Adjustment — Town of Hurt" between Pittsylvania County and the Town of Hurt. (B.S.M. 02- 04 -08) (g) Agreement between Town of Chatham — Pittsylvania County for Booster Station and Service Area North of the Town of Chatham. (B.S.M. 11- 16 -10) (h) Agreement entitled "Memorandum of Understanding; Southern Virginia Regional Alliance" between the Virginia Economic Development Partnership Authority, the Future of the Piedmont Foundation, the City of Danville, Virginia, the City of Martinsville, Virginia, the County of Pittsylvania, Virginia, the County of Halifax, Virginia, the County of Henry, Virginia, and the County of Patrick, Virginia. (B.S.M. 05- 17 -11) (i) Agreement entitled "Organizational Cooperative Agreement Creating the Tri- County Lakes Administrative Commission (TLAC)" between the Counties of Bedford, and Campbell, and Franklin, and Pittsylvania, for a joint administrative organization under the provisions of §15.2.1300 of the Code of Virginia, 1950, as amended, and is: to be known at the Tri -County Lakes Administrative Commission. (B.S.M. 03 -18 -2014) SEC. 1 -8, 1, JOINT POWERS ASSOCIATION AGEEMENT — VIRGINIA ENERGY PURCHASING Governmental Association WHEREAS, The VMLNACO Virginia Power Steering Committee (the "Committee), composed of representatives of the Pittsylvania County Board of Supervisors and other local governments and political subdivisions of the Commonwealth of, has for over several decades negotiated on behalf of such governmental units a standard form contract for their purchase of electricity supply and delivery service from Virginia Electric and Power Company ( "Virginia Power ") as a sole source provider; and WHEREAS, political subdivisions of the Commonwealth of Virginia are authorized under Virginia law to exercise jointly powers that they otherwise are authorized to exercise independently, and the terms and conditions of such authorization are currently set forth in Sections 15.2 -1300, et sea. of the Virginia Code (the "Joint Powers Act); and WHEREAS, the Virginia Electric Utility Restructuring Act (the "Restructuring Act') further authorizes municipalities and other political subdivisions in Commonwealth to aggregate their electricity supply requirements for the purpose of their joint purchase of such requirements from licensed suppliers, and the Restructuring Act provides that such aggregation shall not require licensure; and WHEREAS, the Virginia Public Procurement Act (the "Procurement Act') exempts from its competitive sealed bidding and competitive negotiation requirements (the "Requirements ") the joint procurement by public bodies, utilizing competitive principles, of electric utility services purchased through member associations under the conditions set forth in the Procurement Act; and WHEREAS, the committee recommends that the aggregation and procurement of electric supply, electric delivery, and other energy - related services ( "Energy Services ") be effectuated as provided in the Joint Powers Association Agreement, a copy of which is attached to and made part of this Ordinance (the "Joint Powers Agreement'), in accordance with applicable provisions of the Procurement Act, such as the utilization of competitive principles pursuant to an exemptions from the Requirements; and WHEREAS, the Committee also recommends that the other services provided by the Committee to its members be effectuated as provided in the Joint Powers Agreement, with such services consisting of (i) assistance in implementing standard form contracts for the purchase of services from incumbent electricity utilities, (ii) education of members regarding electricity procurement issues, (iii) monitoring of legal and regulatory developments affecting the provision of electricity service to local governments, and (iv) hiring of consultants and legal counsel to assist in its provisions of the foregoing services ( "Steering Committee Services ") WHEREAS, it appearing to the Board of Supervisors of Pittsylvania County that the joint procurement of the Energy Services pursuant to the Joint Powers Agreement and the provision of Steering Committee Services pursuant to the Joint Powers Agreement is otherwise in the best interests of Pittsylvania County. NOW, THEREFORE, BE IT RESOLVED that: (1) Competitive sealed bidding and competitive negotiation for the procurement of Energy Services are not fiscally advantageous to the public because the procurement process for Energy Services must be flexible enough to respond to quickly changing market conditions in which energy process can fluctuate considerably on a daily or even hourly basis. (2) The aggregation and joint procurement of the Energy Services pursuant to the Joint Powers Agreement is hereby approved. (3) The provision of Steering Committee Services pursuant to the Joint Powers Agreement is hereby approved. (4) The Joint Powers Agreement and the performance of the terms and conditions thereof on behalf of Pittsylvania County are hereby authorized and approved. (5) The County Administrator is hereby authorized and directed to execute and deliver the Joint Powers Agreement on behalf of the Pittsylvania County Board of Supervisors in substantially the form presented to this meeting. (6) The payment obligations of Pittsylvania County pursuant to the provisions hereof and the Joint Powers Agreement shall be subject to annual appropriation of requisite funds therefore by the Board of Supervisors. (7) This Ordinance shall take effect immediately upon its adoption or passage. Adopted by the Pittsylvania County Board of Supervisors on April 5, 2004. Amended by the Board of Supervisors on May 18, 2004. Amended by the Board of Supervisors on February 4, 2008. Amended by the Board of Supervisors on November 16, 2010. Amended by the Board of Supervisors on May 17, 20111 Amended by the Board of Supervisors on March 18, 2014. ORGANIZATIONAL COOPERATIVE AGREEMENT CREATING THE TRI- COUNTY LAKES ADMINISTRATIVE COMMISSION (TLAC) Creation of the Tri- County Lakes Administrative Commission ( "TLAC') This Cooperative Agreement is among the counties of Bedford, and Campbell, and Franklin, and Pittsylvania, for a joint administrative organization under the provisions of Section 15.2.1300 of the Code of Virginia, and is: • to be known as the Tri- County Lakes Administrative Commission PURPOSE: The purpose of the Tri- County Lakes Administrative Commission is to serve as an administrative department for the four counties surrounding Smith Mountain Lake and Leesville Lake, and is established to carry out lake planning duties as may be assigned by the respective Boards of Supervisors. Such duties may also include, but are not limited to, navigation marker issues, aquatic vegetation issues, debris cleanup issues, monitoring of License requirements, and coordination with American Electric Power on lake- related issues. The Tri- County Lakes Administrative Commission may also be directed by the Boards of Supervisors from time to time to perform specific projects which will require the coordination of lake volunteers in order to accomplish such activities. The Tri- County Lakes Administrative Commission shall serve as the first point of contact for lake- related issues and concerns and shall forward such concerns as are appropriate to the body or agency best able to respond to the citizen. Notwithstanding the above, the Tri- County Lakes Administrative Commission is authorized only to perform those duties as approved in the annual Work Plan and as amended, by its Board of Directors and which are not the responsibility of Appalachian Power Company /American Electric Power or its assigns and successors by virtue of its License with the Federal Energy Regulatory Commission. MISSION: The mission of the Tri- County Lakes Administrative Commission is to assist in the development of a harmonious community at the lakes through the administration of the programs and projects delegated to it by the Boards of Supervisors of the affected counties and to study and advise the Boards of Supervisors on issues related to the overall well being of the lakes as directed by the member counties. It is the mission of the Tri- County Lakes Administrative Commission to do for the four counties in a more efficient and effective manner what any one of the member counties could do for themselves individually; and, to perform such duties and to exercise such appropriate powers and authority as may be delegated by the Boards of Supervisors of the member counties to the "TLAC' and not exceeding the limits of delegation as prescribed under the Code of Virginia. Fin aI Revised CoopAgmtDec2013 Page 1 GUIDING PRINCIPLES: (1) The "TLAC" shall serve at the direction of the member counties with input from the lakes community at large, and such other citizens who may wish to offer input into the public process of guiding lakes area concerns. (2) The four member counties shall agree as to a fiscal agent for the "TLAC" who will process all income and expenditures of the entity under the guidelines established by the fiscal agent and shall be reimbursed by the TLAC budget for reasonable costs experienced in providing this service. Employees assigned to staff the "TLAC" shall be employees of the fiscal agent and function in the same manner as all other employees of the fiscal agent. (3) A work program shall be approved annually by the "TLAC" Board and shall guide the activities of the "TLAC ". DURATION OF COOPERATIVE AGREEMENT: This Cooperative Agreement shall become effective immediately on approval and adoption of resolutions by Bedford, and Campbell, and Franklin, and Pittsylvania counties, and shall run for two year terms beginning or as the Cooperative Agreement may be amended or extended by action of parties to the Cooperative Agreement. This provision is to assure that the "TLAC's" effectiveness is regularly reviewed by member counties and recognizes that member counties may choose to supplant the TLAC with a modified organization or terminate the TLAC in favor of a new organization or entity. In the event written notice of termination is not given by any party to this agreement as provided herein, then this contract shall automatically renew for a term of twenty -four (24) months, and shall automatically renew at the end of each successive term thereafter, unless such notice is given. ORGANIZATION OF THE TRI- COUNTY LAKES ADMINISTRATIVE COMMISSION: The "TLAC" shall be comprised of the three members each from the participating political subdivisions of Bedford, and Franklin, and Pittsylvania Counties. One member from each political subdivision shall be a member of the Board of Supervisors of that political subdivision whose voting district borders Leesville or Smith Mountain Lakes, or his /her alternate; the alternate for the Board of Supervisors from Bedford and Franklin and Pittsylvania Counties shall be another member of the respective Board of Supervisors: one member shall be a citizen at large who shall reside in a voting precinct whose area shall include the shoreline of Leesville or Smith Mountain Lakes; one member shall be the County Administrator, or his designee. Campbell County, because of its smaller area involvement and financial responsibility, shall have two members appointed by its Board of Supervisors annually; these shall include: a county Board of Supervisors member whose voting district borders Leesville Lake, or his /her alternate. The other member shall be the County Administrator, or his designee. There shall also be one member each from the Smith Mountain Lake Association (SMLA) and the Leesville Lake Association (LVLA) which shall annually recommend a member representative to the local Board of Supervisors. There shall also be one member appointed by American Electric Power Company who will be an ex- officio, non - voting member. There shall be a total of 13 voting members and 1 non - voting member. FinaI Revised CoopAgmtDec2013 Page 2 a) Appointments to "TLAC ". The citizen members and Board members of the Tri- County Lakes Administrative Commission will be appointed by the Boards of Supervisors of the county which they represent. The SMLA and LVLA members shall be appointed by the Board of Supervisors of the county in which they reside. These members shall serve at the pleasure of the respective Boards of Supervisors. Appointments should be made at annual Board of Supervisors reorganization meetings and terms shall run from February 1 through January 31. b) Members of the "TLAC" shall elect a member as "TLAC" chairman, and a member as vice chairman, and a member as secretary at its next regularly scheduled meeting following February 1. c) Compensation of "TLAC" members. The respective member jurisdiction's Board of Supervisors shall determine compensation, if any, to be received by their respective appointed "TLAC" members. FUNDING: The percentage of shoreline for each of the lakes, as it relates to the four counties, is as follows: SMITH MOUNTAIN LAKE (SML) Franklin 288 miles -57.5% Bedford 192 miles -38.3% Pittsylvania 21 miles - 42% 100% LEESVILLE LAKE (LVL) Bedford 26 miles -25.0% Campbell 12 miles -11.0% Pittsylvania 67 miles -64.0% 100% The budget amount for the Executive Director will be funded 80% by the SML counties according to the above percentages, and 20% by the LVL counties according to the above percentages, and be contained in each budget. Funding for the SML budget and the LVL budget shall be the responsibility of the applicable counties in the proportion as set forth above. The lowest approved budget by each of these applicable counties for each lake shall be used. It is expressly understood however, that any County can fund the budget in a greater amount. It is the intent of the parties that the historic function of TLAC continue, and that the budget for the SML counties continue to reflect primarily matters concerning SML and only those LVL issues relevant thereto. Therefore, the LVL budget shall include matters exclusive to LVL counties, including the expense for the LVL staff, as well as an estimate of any additional FinalRevisedCoopAgmtDec2013 Page 3 expense (including time and mileage) of other TLAC staff devoted to LVL matters beyond the expense for the Executive Director. The LVL counties (in the proportions set forth above) shall be responsible for said cost for other TLAC staff. EXECUTIVE COMMITTEE: The Executive Committee includes the four County Administrators. The purpose of the Executive Committee shall be to present an annual budget for the LVL counties and for the SML counties for the approval of their respective counties, to assist the Executive Director in addressing essential business between regular Board meetings, to take action on all matters which cannot or should not be deferred until the Board's next meeting, review of potential Board meeting topics when appropriate, support the Executive Director and assess his /her performance. The Executive Committee shall meet as often as necessary. A majority of the voting members shall constitute a quorum. METHODS (CONCEPT) OF OPERATION: It is the intent of the parties hereto that TLAC operate under the following parameters: a) TLAC shall create citizen committees devoted to SML matters, and separate citizen committees devoted to LVL matters. b) The Executive Director shall segregate staff time devoted to LVL matters for accounting purposes. c) The TLAC representatives from Campbell County shall abstain from discussion or voting on matters regarding SML; and likewise, Franklin County representatives from matters regarding LVL. d) Only two Pittsylvania County representatives may vote on SML matters, in the following order: supervisor, administrator, citizen -at- large. e) Any activities, programs, or initiatives which pertain only to LVL must be recommended by the LVL staff to TLAC for approval, and shall be funded by the LVL counties according to the aforesaid formula. WITHDRAWALS FROM THIS COOPERATIVE AGREEMENT: Any party to this Cooperative Agreement shall have the right to withdraw from this Cooperative Agreement at any time after written notification to the "TLAC" of the party's intention to withdraw from the 'TLAC ". Written notification of intent to withdraw shall be tendered to the "TLAC" at least 180 days before the date of official withdrawal. This is restricted in that notice must be given at least 180 days before the end of the "TLAC's" then current fiscal year. In the event that any of the counties withdraw from the agreement, then the agreement will be terminated. DISPOSITION OF PROPERTIES AND FUNDS OF THE TRI- COUNTY LAKES ADMINISTRATIVE COMMISSION UNDER TERMINATION: In the event of termination, funds, records, and tangible property, real and personal, that are held by the 'TLAC ", or are in custody of its administrative entity, its agents or assigns, shall be returned to the participating political subdivision pro rata FinalRevisedCoopAgmtDec2013 Page 4 to their annual rates of contributions, or as otherwise agreed to by the member counties. Participating political subdivisions shall be defined as those that are members to the Cooperative Agreement on the day before termination shall become effective. Annual rate shall be that which the termination of this Cooperative Agreement shall occur. COMMITTEES: The "TLAC" shall from time to time establish such special committees as deemed necessary for aiding in the effective implementation of the "TLAC's" responsibilities, duties and authorities. Committees shall report to the 'TLAC ". The Executive Committee of the "TLAC" may be utilized in communications between the "TLAC" and committees and between the committees and outside persons. The chair of any such committee need not be a member of "TLAC ", unless deemed necessary by the Executive Committee, and all committee appointments shall be approved by the TLAC. The chairs are expected to attend TLAC Board meetings on a regular basis. EFFECTIVE DATE OF THIS COOPERATIVE AGREEMENT: This Cooperative Agreement between the counties of Bedford and Campbell and Franklin and Pittsylvania shall be effective beginning on the _ day of 2014. BEDFORD COUNTY BOARD OF SUPERVISORS BY CHAIRMAN OF THE BOARD ATTEST: CLERK APPROVED AS TO FORM: COUNTY ATTORNEY CAMPBELL COUNTY BOARD OF SUPERVISORS BY CHAIRMAN OF THE BOARD ATTEST: CLERK APPROVED AS TO FORM: COUNTY ATTORNEY Final RevisedCoopAgmtDec2013 Page 5 FRANKLIN COUNTY BOARD OF SUPERVISORS ell CHAIRMAN OF THE BOARD ATTEST: CLERK APPROVED AS TO FORM: COUNTY ATTORNEY PITTSYLVANIA COUNTY BOARD OF SUPERVISORS BY CHAIRMAN OF THE BOARD ATTEST: CLERK APPROVED AS TO FORM: COUNTY ATTORNEY Final RevisedCoopAgmtDec2013 Page 6 Smilh dloienteim Lake 7beJeu•el uJ'lbe Blue Kic&e TRI- COUNTY LAKF ADMINISTRATIVI? COMMISSION M( ii , To: Mr. Otis Hawker, Interim Pittsylvania County Administrator Mr. Rick Huff, Franklin County Administrator Mr. David Laurrell, Campbell County Administrator Mr. Mark Reeter, Bedford County Administrator From: Pam Dinkle, Lake Management and Project Coordinator Date: December 12, 2013 Re: Revised Organizational Cooperative Agreement Upon the direction of the Tri- County Lake Administrative Commission (TLAC) Board of Directors at their December 10, 2013 meeting, please find attached the revised Organizational Cooperative Agreement creating the Tri - County Lakes Administrative Commission. Section 15.2.1300 of the Code of Virginia provides for the development of a joint administrative organization such as TLAC. TLAC currently has responsibilities at Smith Mountain Lake which are identified in the current Organizational Agreement. The purpose of this revision is to expand TLAC's responsibilities, as identified within the revised agreement, to include both Smith Mountain Lake and Leesville Lake. If it is the desire of the four County Boards of Supervisors that TLAC be expanded as defined within the revised Organizational Cooperative Agreement, then approval of this document is necessary by all four Counties' Board of Supervisors. Additionally, a budget for the revised TLAC will also need to be approved by the four counties. If approved, it is anticipated that the effective date of the agreement will be July 1, 2014.