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07-22-2014 BOS PKT6 --) & 5 BOARD PACKET BOARD OF SUPERVISORS ADJOURNED MEETING JULY 22, 2014 1767 Pi PITTSYLVANIA COUNTY BOARD OF SUPERVISORS ADJOURNED MEETING TUESDAY, JULY 22, 2014 GENERAL DISTRICT COURTROOM EDWIN R. SHIELDS COURTHOUSE ADDITION AGENDA 1. Call to Order — 7:00 p.m. 2. Roll Call Harville Barber Snead Blackstock Bowman Hagerman Barksdale 3. Pledge of Allegiance 4. Items to be Added to the Agenda Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale (a) Annual Sartomer Race — Racecourse Approval — PageS 13 -15 (b) Appointment to the Danville - Pittsylvania Community Services Board — Banister District —Page 16 APPROVAL OF AGENDA Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale HEARING OF CITIZENS CONSENT AGENDA Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale 5. (a) Resolution — Elton Pruitt — Pages 19 -20 PUBLIC HEARINGS Rezoning Cases Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Open: Close: Case l: Joseph B. Hairston & Mona H. Hairston — Tunstall Election District R -14 -024 RMF, Residential Multi - Family District to RC -1, Residential Combined Subdivision District Roll Call Vote Y N A Barber Barksdale Blackstock Bowman Hagerman Harville .Snead (Roll Call Vote Y or N) Open: Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Close. Case 2: Wayne R. Schandehneier & Lisa Schandelmeier — Dan River Election District R -14 -025 R -1, Residential Suburban Subdivision District to A -1, Agricultural District Open: Roll Call Vote Y N A Barber Barksdale Blackstock Bowman Hagerman Harville Snead (Roll Call Vote Y or N) Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Close. Case 3: Julio Diaz Cabrales - Tunstall Election District R -14 -026 R -1, Residential Suburban Subdivision to A -1, Agricultural District Roll Call Vote Y N A Barber Barksdale Blackstock Bowman Hagerman Harville Snead (Roll Cal/ Vote Y or N) Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Open: Close: Case 4: Fred D. Curl & Sylvia C. Curl — Callands /Gretna Election District R -14 -027 A -1, Agricultural District to B -2, Business District, General Open: Roll Call vote Y N A Barber Barksdale Blackstock Bowman Hagerman Harville Snead (Roll Call Vote Yor N) Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Close: Case 5: Mark T. Hagood & Melissa T. Hagood — Staunton River Election District R -14 -028 R -1, Residential Suburban Subdivision District to A -1, Agricultural District Roll Call Vote Y N A Barber Barksdale Blackstock Bowman Hagerman Harville Snead (Roll Call Vote Y or N) Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Open: Close: Case 6: Michael Leblanc, Jr. - Banister Election District R -14 -029 R -1, Residential Suburban Subdivision District to A -1, Agricultural District Open: Roll Call Vote Y N A Barber Barksdale Blackstock Bowman 1lagetman Harville Snead (RoliCallVote YorN) Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Close: Case 7: JRayl/Rayl Properties - Westover Election District R -14 -030 R -1, Residential Suburban Subdivision District & B -2, Business District, General to M -2, Industrial District, Heavy Industry Roll Call Vote Y N A Barber Barksdale Blackstock Bowman 1lagennan Harville .Snead (Roll Call Vote Y or N) Public Hearing 6. Public Hearing in accordance with §15.2- 1800(B) of the Code of Virginia, 1950, as amended, to receive citizen input on a proposed lease agreement between Centra Health and Pittsylvania County that would allow Centra Health the use of two Pittsylvania County towers; one located at White Oak Mountain and the second located in Gretna. The proposed lease agreement would enable Centra to operate their radio system between radios of rescue squads and Centra's new facility opening in Gretna. Requires a Motion and a Roll Call Vote — Pages 22 -36 Roll Call Vote Y N A Barber Barksdale Blackstock Bowman Hagerman Harville Snead (Roll Cali Vote Y or NJ UNFINISHED BUSINESS Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale 7. Expenditure Refunds — At the Board of Supervisors meeting on July 7, 2014, a motion was made by Mr. Snead, seconded by Mr. Barber that required a 10 -Day Layover that has been met. Requires a Roll Call Vote —Pages 38 -41 Roll Call Vote Y N A Barber Snead Blackstock Bowman Hagerman Harville Barksdale (Roll Call Vote Y or N) NEW BUSINESS Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale S. Drought Disaster Resolution — Pages 43 -44 Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale 9. 2013 -2014 School Board Carryover — Requires a Motion and a Roll Call Vote — Pages 45 -47 Roll Call Vote Y N A Barber Barksdale Blackstock Bowman Hagerman Harville Snead (Roll Call Vote Y or N) Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale 10. 2014 Year -End Budget Amendments — Requires a Motion and a Roll Call Vote — Pages 48 -51 Y N A Barber Barksdale Blackstock Bowman Hagerman Harville Snead (Roll Call Vote Y or N) Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale 11. Out of State Travel — E911 — Page 52 Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale 12. Out of State Travel — Director of Agricultural Development — Page 53 Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale 13. Request for Public Hearing — Mt. Zion Baptist Church; church cemetery — Page 54 -56 BOARD ANNOUNCEMENTS REPORTS FROM LEGAL COUNSEL REPORTS FROM INTERIM COUNTY ADMINISTRATOR ADJOURNMENT Motion by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Seconded by: Harville Barber Snead Blackstock Bowman Hagerman Barksdale Time Adjourned: TO BE ADDED PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Racecourse Approval - annual Chatham 5K Race /1 Mile Walk ( Sartomer Race) SUBJECT/PROPOSAL/REOUEST: Racecourse Approval STAFF CONTACT(S): Mr. Monday AGENDA DATE: 07 -22 -2014 ACTION: CONSENT AGENDA: ACTION: Yes ATTACHMENTS: Yes ITEM NUMBER: 4 (a) INFORMATION: INFORMATION: BACKGROUND: The Sartomer Race has been an annual event in the Town of Chatham for the past several years, with donations raised going to the Chatham Volunteer Fire Department, Chatham Rescue, and the Danville /Pittsylvania Chapter of the American Red Cross. DISCUSSION: The Virginia Department of Transportation (VDOT) has informed organizers of the Chatham 5K Race /1 Mile Walk ( Sartomer Race) that in order for VDOT to waive the typical permit and fees required to run the race on public highways (since the Sartomer Race is part of a non -profit organization) VDOT would require the racecourse approval from the Pittsylvania County Board of Supervisors, the Town of Chatham Council, the Pittsylvania County Sheriff's Office, and the Virginia State Police for the race to be held on October 11, 2014 from Pittsylvania County. Attached hereto are a letter of approval request from Captain Ron Henderson and a copy of the Land Use Permit Special Events Approval Form from the Virginia Department of Transportation. RECOMMENDATION: Staff recommends the Pittsylvania County Board of Supervisors approve the racecourse for the annual Chatham 5K Race /1 Mile Walk ( Sartomer Race) and authorize the County Administrator to sign the Land Use Permit Special Events Approval Form from the Virginia Department of Transportation. P13 07/17/2014 02:16 FAX Chatham 5K Race Committee 242 North Main Street Chatham, VA 24531 Virginia Department of Transportation (VDOT) Attn: Mr. David W. Shelton P.O. BOX 309 Chatham, VA 24531 Request for permit and fee- waivers for non -profit race fa 002 July 17, 2014 The Chatham 5 K Race Committee is pleased to announce plans for the Fourteenth Annual Chatham 5K Race /l Mile Walk. The purpose of this letter is to request a permit for the use of the streets and roads on the racecourse. We also seek permission to hang a Chatham 5K banner across the designated area on Main Street in Chatham near Center Street at the end of September. The purpose of our race is to provide a first class event in Chatham with all proceeds of the race going to the Chatham Volunteer Fire Department, Chatham Rescue Squad, and the Danville/Pittsylvania County Chapter of the American Red Cross. Our desired date is Saturday, October 11, 2014 beginning at 9:00 A.M and ending at approximately 10:30 A.M. There will be no rain date. We are anticipating approximately 250 runners and 75 volunteers. We will follow the same course that we used last year. A copy of the course is enclosed. A copy of city and county approvals are also enclosed. We do not intend to block any roads but we will request traffic control support again this year from the Town of Chatham Police and the Pittsylvania County Sheriffs Office. Traffic will be halted intermittently to allow runners to cross Main Street at the intersections of Hurt and Main and Holt and Main. This worked really well last year with runners passing safely across Main Street without any significant delays of traffic. We will contact the Sheriffs Office for their support along with the National Guard recruiters and the Chatham Army JROTC. We therefore request your approval for the Chatham 5K racecourse again this year. We thank you for the opportunity to continue bringing this worthwhile event to Chatham. We appreciate all you have done in the past to support our race. If there are any questions please contact Capt. Henderson at (434) 221 -9033. Fax: 434 -432 -8351 Sincerely, Rod Henderson P14 07/17/2014 02:10 FAX Z003 Commonwealth of Virginia LUP -SEA Department of Transportation LAND USE PERMIT 7/2010 Special Events Approval Form ,APPROVAL DATE COUNTY ADMINISTRATOR /J OWN MANAGER OR DESIGNEE Remarks: APPROVAL DATE LOCAL LAW ENFORCEMENT AGENCY Remarks: APPROVAL DATE VD2CDdIA STATE POLICE (Sergeant/Area/Divisi0n) Remarks: APPROVAL DATE VDOT REPRESENTATIVE Remarks (include my changes that may be made by VDOT): _ Cc: County/TownAdmiri tratian Local Law Enforcement Virginia State Police VDOT Maintenance Residency Office / AHQ P15 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Appointment: Danville - Pittsylvania Community 07 -22 -2014 Services Board of Directors — Banister District ACTION: SUBJECUPROPOSAUREOUEST: Re- Appointment STAFF CONTACT(S): Mr. Monday CONSENT AGENDA: ACTION: Yes ATTACHMENTS: No ITEM NUMBER: 4 (b) INFORMATION: INFORMATION: BACKGROUND: Agencies, Boards, Commissions and Committees that operate under Pittsylvania County make nominations to the Board of Supervisors for appointments representing each election district within the County. The Danville - Pittsylvania County Community Services is a board in which a representative from each district as well as an at -large seat that is appointed by the Board of Supervisors. Members of the Danville - Pittsylvania County Board of Directors are limited to serving three consecutive 3 -year terms. DISCUSSION: In reviewing files, the County Administration office has found there was an omission of re- appointing Mr. Jessie Barksdale to the Danville - Pittsylvania Community Services Board of Directors as the Banister District representative. This would be Mr. Barksdale's second 3 -year term, for the period of July 1, 2013 through June 30, 2016. To rectify the omission, it is requested the Board of Supervisors ratify Mr. Barksdale's re- appointment. RECOMMENDATION: Staff recommends the Pittsylvania County Board of Supervisors ratify the re- appointment of Jessie Barksdale as the Banister District representative to the Danville - Pittsylvania Community Services Board of Directors for a term date of July 1, 2013 through June 30, 2016. P16 HEARING OF CiTIZEN5 P17 CONSENT AGENDA 1118 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Resolution 2014 -07 -03 — Lester Elton Pruitt SUBJECUPROPOSAUREOUEST: Resolution STAFF CONTACT(S): Mr. Monday AGENDA DATE: 07 -22 -2014 ACTION: CONSENT AGENDA: ACTION: Yes ATTACHMENTS: Yes ITEM NUMBER: 5 (a) INFORMATION: INFORMATION: BACKGROUND: Lester Elton Pruitt, local businessman and former Mayor for the Town of Chatham, died June 6, 2014. Attached hereto, is a resolution from the Board of Supervisors expressing their appreciation to Lester Elton Pruitt for his service and devotion to the citizens of the Town of Chatham and Pittsylvania County that will presented at a future date to family. RECOMMENDATION: Staff recommends the Pittsylvania County Board of Supervisors approve Resolution 2014 -07 -03 that will be presented to the family of Lester Elton Pruitt at a future date. P19 Vittolbania Countp Jgoarb of *uperbi or,5 RESOLUTION 2014 -07 -03 WHEREAS, Lester Elton Pruitt loved the Town of Chatham and believed in serving the community and church; and WHEREAS, Mr. Pruitt and Betty Pruitt, his wife of nearly 54 years, were affiliated with the Western Auto store on Main Street in Chatham from 1953 until 1997, including 22 years as co- owners and operators, where Mr. Pruitt exhibited his exemplary customer service skills; and WHEREAS, after being first elected in 1992, Elton Pruitt served eight years as a Councilman for the Town of Chatham, including two terms as Mayor of Chatham; and WHEREAS, Elton Pruitt helped implement a number of improvements for the Town, including the construction of a new fire station, a website, and was involved with many upgrades to the Town's infrastructure; and WHEREAS, during his long -time membership with the Chatham Presbyterian Church, Mr. Pruitt served as Ruling Elder and a Sunday school teacher; and WHEREAS, Mr. Pruitt served in the National Guard, and was a member of many organizations, including Chatham First, the Board of Directors for both Oak Grove Residential Care and Faith Home, and served over thirty years with and was president of the Chatham Lions Club; then NOW, THEREFORE, BE IT RESOLVED, that the Pittsylvania County Board of Supervisors expresses its sincere regret and grief over the loss of the Lester Elton Pruitt, an honored and respected citizen in the Town of Chatham and in Pittsylvania County, and for the outstanding example he provided for the citizens of Town of Chatham and Pittsylvania County through his dedication to helping make Chatham a better place to live and do business. The Board of Supervisors expresses its heartfelt condolences to the family of the Lester Elton Pruitt for their loss; and BE IT FURTHER RESOLVED that the Board of Supervisors directs that a copy of this resolution be given to the family of the Lester Elton Pruitt. Given under my hand this 22 "d day of July, 2014. Jessie L. Barksdale, Chairman Pittsylvania County Board of Supervisors Clarence C. Monday, Clerk Pittsylvania County Board of Supervisors P20 PUBLIC HEARING P21 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Public Hearing; Lease between Centra Health/BREMS 07 -22 -2014 6 and Pittsylvania County, Virginia; Use of Towers ACTION: INFORMATION: SUBJECT/PROPOSAL/REQUEST: Yes Public Hearing CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT: Mr. Monday ATTACHMENTS: Yes REVIEWED BY: The County is in negotiations concerning a lease between Centra Health/BREMS and Pittsylvania County for the use of two (2) County -owned towers: one (1) tower is located at White Oak Mountain, and one (1) tower is located in Gretna. Said lease will enable Centra Health/BREMS to operate its radio system allowing communications between its emergency vehicle radios and its new Gretna facility. Per § 15.2- 1800(B) of the Code of Virginia, 1950, as amended, the County is holding a public hearing, since the lease conveys a property interest in County -owned public towers. DISCUSSION: Attached hereto is a draft lease agreement between Centra Health/BREMS and Pittsylvania County. Staff recommends the Board of Supervisors hold the above - referenced public hearing, and, after closing said public hearing, approve the attached lease, pending approval by Legal Counsel. P22 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE, Request for Public Hearing — Lease Agreement with 07 -07 -2014 Centra Health SUBJECT/PROPOSAL /REOUEST: Request for Public Hearing STAFF CONTACT(S): Mr. Monday BACKGROUND: ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: 9 INFORMATION: INFORMATION: DISCUSSION: The County is in the process of developing a lease agreement between Centra Health and Pittsylvania County for the use of 2 towers; one located at White Oak Mountain and the second located in Gretna, so Centra Health can operate their radio system needed between radios of rescue squads and their new facility opening in Gretna. In accordance with § 15.2 -1800 (B) of the Code of Virginia, 1950, as amended, the County is required to hold a public hearing since the towers are property owned by the County. RECOMMENDATION: Staff recommends the Board of Supervisors advertise a public hearing, in accordance with §15.2-1800 (B) of the Code of Virginia, 1950, as amended, to be held at 7:00 pm on Tuesday, July 22, 2014, concerning Centra Health's request for use of the White Oak Mountain and Gretna towers. P36 P23 LIS > Code of Virginia > 15.2 -1800 Page I oft nrev I tic'x( § 15.2 -1800. Purchase, sale, use, etc., of real property. A. A locality may acquire by purchase, gift, devise, bequest, exchange, lease as lessee, or otherwise, title to, or any interests in, any real property, whether improved or unimproved, within its jurisdiction, for any public use. Acquisition of any interest in real property by condemnation is governed by Chapter 19 (§ 5.2 isoi et seq.). The acquisition of a leasehold or other interest in a telecommunications tower, owned by a nongovernmental source, for the operation of locality's wireless radio communications systems shall be governed by this chapter. -B. Subject to any applicable requirements of Article VII, Section 9 of the Constitution, any locality may vI ` "' public or private sale, exchange, lease as lessor, mortgage, pledge, subordinate interest in or otherwise dispose of its real property, which includes the superjacent airspace (except airspace provided for in § 15.2-203 ) which may he subdivided and conveyed separate from the subjacent land surface, provided that no such real property, whether improved or unimproved, shall be disposed of until the governing body has held a public (nearing concerning such disposal. However, the holding of a public hearing shall not apply to (i) the leasing of real properly to another publi body, political subdivision or authority of the Commonwealth or (ii) conveyance of site development easements across public property, including, but not limited to, easements for ingress, egress, utilities, cable, telecommunications, storm water management, and other similar conveyances, that are consistent with the local capital improvement program, involving improvement of property owned by the locality. The provisions of this section shall not apply to the vacation of public interests in real property under the provisions of Articles 6 (§ 15.2 2240 et seq.) and 7 (§ 15.2 -2280 et seq.) of Chapter 22 of this title. 4 vl C. A city or town may also acquire real property for a public use outside its boundaries; a county may acquire real property for a public use outside its boundaries when expressly authorized by law. D. A locality may construct, insure, and equip buildings, structures and other improvements on real property owned or leased by it. E. A locality may operate, maintain, and regulate the use of its real properly or may contract with other persons to do SO. Notwithstanding any contrary provision of law, general or special, no locality providing access and opportunity to use its real property, whether improved or unimproved, may deny equal access or a fair opportunity to use such real property to, or otherwise discriminate against, the Boy Scouts of America or the Girl Scouts of the USA. Nothing in this paragraph shall be construed to require any locality to sponsor the Boy Scouts of America or the Girl Scouts of the USA, or to exempt any such groups from local policies governing access to and use of a locality's real property. The provisions of this paragraph applicable to a locality shall also apply equally to any local governmental entity, including a department, agency, or authority. F. This section shall not be construed to deprive the residentjudge orjudges of the right to control the use of the courthouse. G. "Public use" as used in this section shall have the same meaning as in § 19.1. (Code 1950, § 15 -692; 1962, c. 623, § 15.1 -262; 1968, c. 418; 1974, c. 282; 1977, c. 269: 1979, c. 431: 1980, cc. 212. 559; 1984, c. 241; 1986, cc. 477, 573; 1990, c. 813; 1997, c. 587; 1998, c. t>ns; 2005, c. szz; 2006, c. 57; 2007, CC. sat, 901, 926.) prey i next i new search I table of contgrds I home http: / /leg 1. state. va.us /egi- bin /legp5O4.exe ?000 +cotiP3�5.2 -1800 P24 6/30/2014 Chatham Star Tribune Public Hearing Notice July 9, 2014 and July 16, 2014 PUBLIC HEARING NOTICE The Board of Supervisors of Pittsylvania County, Virginia, will hold a public hear- ing in accordance with §15.2- 1800(B) of the Code of Virginia, 1950, as amended, on Tuesday, July 22, 2014, at 7:00 p.m., in the General District Courtroom of the Edwin R. Shields Courtroom Addition in Chatham, Vir- ginia, to receive citizen input on a proposed lease agreement between Centra Health and Pittsylvania County that would allow Centra Health the use of two Pittsylvania County towers; one located at White Oak Mountain and the second located in Gretna. The pro- posed lease agreement would enable Centra to operate their radio system between radios of rescue squads and Centra's new facility opening in Gretna. A full text of the proposed PCC amendment is available in the Office of the County Administrator, Captain Martin Building, 1 Center Street, Chatham, Virginia, on Monday through Friday, from 8:00 a.m. to 5:00 p.m. P25 LEASE AGREEMENT THIS LEASE AGREEMENT (hereinafter referred to as this "Lease "), made as of the day of July, 2014, between THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA (hereinafter referred to as the "Lessor "), and BLUE RIDGE EMERGENCY MEDICAL SYSTEM ( "BREMS ") (hereinafter referred to as the "Lessee "). CENTRA HEALTH, INC. ( "Centra") is a partner in BREMS and is representing them in this project. WHEREAS, Lessor is the lessee of certain real properties located in Pittsylvania County, Virginia, known as the Rockford School Road Compactor Tower Site, located at 6310 Rockford School Road, Gretna, Virginia, consisting of 1.25 acres, and the White Oak Mountain Tower Site, located at 535 Tower Lane, Blairs, Virginia, consisting of 0.230 acres, each more particularly described on Exhibit "A " attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, Lessee desires to lease from Lessor certain space on Lessor's communications towers (the "Towers ") and ground space for the placement of equipment shelter(s) for the placement and operation of Lessee's communications equipment more particularly described on Exhibit "B" attached hereto and incorporated herein by reference (the "Facilities "); and NOW, THEREFORE, for valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged by the parties hereto, the parties hereby agree as follows: 1. Demise. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the space on Lessor's Towers at the foot level for the placement of Lessee's Facilities and ground space for the placement of an equipment shelter (the "Leased Space "). The Leased Space, together with easements for access and utilities, are more particularly described in Exhibit "C." attached hereto and incorporated herein by reference. The elevation requested in this section will be determined by the Towers Structural Analysis commissioned by BREMS and Centra. 2. Use. Lessee shall be permitted the non - exclusive right to install, maintain, and service its Facilities on Lessor's Towers, which Facilities shall be utilized for the transmission and reception of Emergency Response Equipment. These shall be the only permissible uses under this Lease. Lessor agrees to provide access to the Towers as more fully described in Paragraph 6 below. 3. Conditions Precedent to Commencement Date. (a) Approval s. Lessee's ability to use the Leased Space is contingent upon its obtaining, after the execution date of this Lease, all certificates, permits, licenses and other approvals that may be required by any federal, state, or local authorities (the "Approvals "). Lessor shall cooperate with Lessee in its effort to obtain such Approvals. In the event that Lessee notifies Lessor that (i) any application for an Approval is rejected; (ii) an Approval is canceled, expires, lapses, or is otherwise withdrawn or terminated for any reason whatsoever prior to installation of the Facilities by Lessee; or (iii) any radio frequency propagation tests are found to be unsatisfactory so that Lessee in its sole discretion will be unable to use the Leased Space for its intended purposes, Lessee shall have the right to terminate this Lease with no further obligation on the part of either party. Moreover, Lessee shall also obtain a profession inner - modulation study on the Towers and a structural analysis of each Tower site by a certified professional engineer (the "Studies "). 4. Term. Page 1 of 11 P26 (a) Commencement Date. Provided Lessor has obtained evidence of the Approvals and Studies described above, the Lease term shall begin on the date of execution of this Lease (the "Commencement Date "), and shall continue until midnight on July 1, 2018 (the "Initial Term "). Lessee shall have the option of extending this Lease for two (2) additional four (4) year terms (the "Renewal Terms "). Such terms will automatically renew unless Lessor or Lessee provides notice of termination as more fully described in Paragraph 4 (b) and (c) below. (b) Termination by Lessee. Notwithstanding anything to the contrary contained herein, Lessee shall be entitled to terminate this Lease after the Commencement Date with written notice to Lessor in the event: (i) any Approval is canceled, expires, lapses, or is otherwise withdrawn or terminated for any reason whatsoever; or (ii) notice is provided by Lessor of relocation of Lessee's Facilities; relocation is unacceptable to Lessee and grounds for termination for cause except as specified in subparagraph (iii) below. Equipment is considered to be permanently installed for the term of the lease and moving the equipment may change the ifireqtieney overa a area or _ - -- - Formatted: strlkethrwgh site to site connectivity rendering the equipment useless to Lessee. - i FomrMted: root color: Auto (iii) moving the equipment up and down in location on the Towers is acceptable only if the frequency does not change, site to site connectivity is note ^e,,., -'-a affected, and the ,. _ -- wrmatted: rontmbr: nuro Lessor pays all relocation costs up and down on the Towers. Formatted: so-ikeMmrough Any such termination by Lessee shall be effective thirty (30) days after receipt of written Formatted: Font wor: auto notice by Lessor. Upon such termination, this Lease shall terminate and be of no further force and effect, and except for any indemnity obligations and Lessee's obligations to remove the Facilities from the Property, the parties hereto shalt be released from all duties, obligations, liabilities, and responsibilities under this Lease. (c) Termination by Lessor. Lessor shall have the right to terminate this Lease for cause upon ninety (90) days' prior written notice to Lessee. Upon such termination, subject to all terms contained herein, Lessor and Lessee shall thereafter be released from all further liability under this Agreement. 5. Usage Fee. (a) Base Usage Fee. For the Initial Term, Lessee shall annually pay as a usage fee one- dollar ($1.00) to Lessor, in advance, beginning on the Commencement Date, and on the first day of each year thereafter. Usage fee payments may be accelerated and paid in one lump sum as of the date of this agreement. Usage fee payments shall be mailed to the Lessor at the address set forth herein, or to such other person, firm or place as the Lessor may from time -to -time designate in writing. Lessor and Lessee shall negotiate the base usage fee for all Renewal Terms upon said occurrence. (b) Taxes. Lessee shall be responsible for the reporting and payment when due of any and all applicable taxes, fees, or other costs, directly related to ownership or operation of the Facilities. If applicable, Lessee shall additionally pay Lessor for any increase to Lessor's property taxes assessed on the Property specifically as a result of the placement of Facilities. Page 2 of 11 P27 6.. Access: Ingress and Egress, Lessor hereby grants to Lessee an easement for the term hereof for ingress, egress, and access to the Property adequate to service the Facilities. The Director of Clinical Engineering at Centra and a designated representative of VTR International, Inc., Centra's contractor, shall have immediate access to the Towers and Lessee's equipment shelters upon notice to Lessor of a need for immediate access or an emergency situation. Lessee shall maintain all access codes to compounds and facilities as confidential and the Director of Clinical Engineering will sign an agreement to maintain the integrity of the access codes. Centra and BREMS shall provide a bonded and licensed contractor to deal with periodic maintenance or emergency system failure service. The current contractor is VTR International, Inc. Lessee will provide 24 hours advance notice for periodic checks. If an escort is needed for period maintenance checks, Lessor agrees to pay the costs of the escort. 8. Utilities. Lessor hereby grants to Lessee an easement for the term hereof to permanently place any utilities on or to bring utilities across the Property in order to service the Facilities, subject to Lessor's prior written approval of the design and installation method and procedures. Lessee shall pay the cost of all utility service necessary to install, maintain, and operate the Facilities. Where practicable, a separate meter will be installed for Lessee's use. If no meter is available, the parties shall prorate such charges based on approximate actual use within thirty (30) days of receipt by Lessor of an invoice from an applicable utility company. Lessee shall obtain and pay the cost of telephone connections. Installation of telephone service shall be in compliance with the procedures for installation and maintenance of Facilities set forth below. 9. Lessee's Covenants. Lessee covenants that the Facilities, and all installation, operation and maintenance associated therewith, will: (a) In no way damage Lessor's Towers, Property, or any other structure or accessories thereto, normal wear and tear excepted. If damage, other than normal wear and tear occurs, then Lessee shall be liable for repair or reimbursement of repair for said damages. All Tower work will be performed by Lessor's tower contractor. (b) Not interfere with the operation of Lessor's equipment, authorized frequency spectrum, signal strength or the equipment of other existing lessees ( "Prior Lessee "), if any, on the Towers. In the event there is interference; Lessor shall have a third party, chosen by Lessor in its sole discretion, evaluate such interference problems. In the event such third party determines, in its sole discretion, that Lessee's Facilities are interfering with the operation of Lessor's or a Prior Lessee's equipment,; Lessee shall immediately take all steps recommended by such third party necessary to eliminate the interference including, if required, cutting off power to the objectionable Facilities. If Lessee cannot immediately eliminate the interference, Lessee will remove the objectionable Facilities; (c) Not interfere with the maintenance of Lessor's Towers and the Towers lighting systems; (d) Keep the Facilities in a state of repair acceptable to Lessor; (e) Identify the Facilities with metal tags fastened securely to its bracket on the Towers and to each transmission line(s); (f) Comply with all applicable rules and regulations of the Federal Page 3 of 11 P28 Communications Commission ( "FCC ") and all federal, state, and local laws governing use of the Property, (g) Occur in cemrq hance with all applicable laws and ordinances and pronvtly discharge any lien for labor or material within fifteen (15) days of filing same; (h) Upon expiration of this Lease, remove all Facilities from the Property and restore the Leased Space to its original condition, normal wear and tear excepted. In the event Lessee has not removed the Facilities at the time of expiration or termination of the Lease, Lessee shall pay the usage fee at the then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term until such time as the removal of the Facilities are completed. In the event Lessee does not remove its Facilities at the time of expiration or termination of this Lease, Lessor shall have the right to remove and store the Facilities, at Lessee's sole expense, and Lessee shall reimburse Lessor for such expenses upon demand. If Lessor removes the Facilities, Lessor shall not be responsible for any damage to the Facilities during the removal and storage thereof unless caused by the negligence of Lessor. 10. Lessor's Covenants. Lessor covenants that during the term of this Lease it shall: (a) Maintain the Towers and surrounding areas in a safe condition; (b) Except as otherwise set forth in this Lease, take no action which would adversely affect the Lessee's pmposed use of the Leased Space; (c) Upon Lessee's payment of usage fees and performance of its covenants, ensure Lessee's quiet use and enjoymrem of the Leased Space. It. Compliance with Laws. (a) Lessor acknowledges that it is aware of its obligations under Section 303 of the Communications Act of 1934 (47 U.S.C. 303) to maintain the painting and illumination of the Towers as prescribed by the FCC. Lessor further acknowledges that it is aware that it is subject to forfeitures assessed by the FCC for violations of such Hiles and requirements. Lessor further acknowledges that it, and not Lessee, shall be responsible for compliance with all Towels or building oinking and lighting requiternents which may be required by the Federal Aviation Administration ("FAA') or the FCC. To the extent allowed by Virginia law, Lessor shall indemnify and hold harmless Lessee from any fees or other liabilities caused by lessor's failure to comply with such requirements. Further, should Lessee be cited by either the FCC or FAA because the Towers are not in compliance within the time £rare allowed by the citing agency, Lessee may terminate this Lease itrmrer lately upon notice to the Lessor. (b) Lessor is not aware of, and has not received notice of the disposal, release, or presence of Hazardous Substances on the Property. "hazardous Substances" means any hazardous material or substance which is or becomes defined as a hazardous substance, pollutant, or contaminant subject to reporting, investigation or remediation pursuant to any federal, state, or local law, regulation or order; and any substance which is or becomes regulated by any federal, state, or local governmental authority; and any oil, petroleum products and their by- products. 12. Assianmnem or Sublettine: No Liens. Page 4 of 11 P29 (a) Lessee shall not assign, convey, sublet, or transfer its interest in the Lease without first obtaining Lessor's written approval, which approval shall not be unreasonably withheld. (b) Lessee shall keep the Property, the Leased Premises and the Facilities free from any liens arising from any work performed, materials famished or obligations incurred by or at the request of Lessee. All person either contracting with lessee or furnishing or rendering labor and materials to Lessee shall be notified in writing by Lessee that they must look only to Lessee for payment for any labor or materials. If any lien is filed against the Property, the Leased Premises or the Facilities as a result of the acts or omissions of Lessee, its employees, agents or contractors, Lessee shall discharge it within twenty (20) days after Lessee leams that the lien has been filed. 13. Insurance: Risk of Loss. (a) Insurance. Prior to installation of the Facilities and to having access to the Leased Space and at all times during the term of this Lease, Lessee shall provide proof of insurance, as outlined below, satisfactory to Lessor, and maintain the coverages speed below during the term hereof and until all Facilities is removed from the Leased Space following termination hereof: • Comprehensive General Liability Insurance in an aggregate amount of $2,000,000; • Workers' Compensation coverage in the statutory amount. Employers Liability Occupational Disease and Bodily Injury, Combined Single Limit of $1 ,000,000; • Automobile Liability for Owned and Non -Owned Autos, Combined Single Limit of $1 ,000,000; and • All Risk Insurance with Standard Extended Coverage, Replacement Value, Without Coinsurance factor for Full Replacement Value of Lessee's Facilities and personal property located on the Property. (b) Additional Insured. Lessor shall be named as additional insured on the policy or policies. Lessee may satisfy this requirement by obtaining appropriate endorsements to any master or blanket policy of liability insurance Lessee may maintain. No policy may be cancelable or subject to reduction of coverage except after thirty (30) days prior written notice to Lessor. (c) Third Parties. Lessee shall require its contractors and subcontractors to carry workers' compensation insurance and adequate liability insurance in conformity with the minimum requirements listed above. (d) Destruction: Force Maieure: Risk of Loss, Limitation of Liability. Notwithstanding anything herein to the contrary, Lessee shall bear the risk of loss of or damage to the Facilities during the term of this Agreement. Except for the gross negligence of Lessor, Lessor shall not be liable for any damage to the Facilities. Notwithstanding anything herein to the contrary, Lessor shall not be liable for any consequential or incidental damages incurred by Lessee due to any malfunction, vandalism, acts of God (including, without limitation, lightning, wind, rain, hail, fire or storms) or any other damage resulting from any reason. In the event the Towers or other portions of the Leased Space are destroyed or so damaged as to be unusable, the Lessor or Lessee shall be entitled to elect to cancel and terminate this Lease, or in the alternative may elect to restore the Leased Space, in which case the Lessee shall remain bound hereby but shall be entitled to an abatement of rent during the loss of use, if the Lessee has not elected to cancel this Lease. In no Page 5 of 11 P30 event shall the leasehold or other interest created hereby be specifically enforceable and in no event shall Lessor be responsible to any party for lost profits or market share. 14. Indemnification. Lessee does hereby agree to indemnify and save Lessor harmless from any and all claims, demands, or causes of action for property damage or personal injuries caused by Lessee, Lessee's agents, employees, contractors and customers, arising out of Lessee's occupancy of the Leased Space or the installation, maintenance, and operation of the Facilities. 15. Default. Each of the following shall be considered a default by the Lessee: (a) The failure to pay any usage fee required hereunder within thirty (30) days after receipt of Lessor's written notice of such failure; (b) The failure to cure, within (30) days after receipt of Lessor's written notice thereof, any breach of any other term hereof (except for promises relating to interference as set forth in Section 9(b) hereof); (c) Abandonment of the Leased Space; or (d) The failure of Lessee to eliminate interference problems as set forth in Section 9(b). (e) Upon default of this Lease by Lessee, in addition to all other remedies provided at law or in equity, Lessor may, at its option: (f) elect to remove all of the Facilities, without notice and without being guilty or liable in any manner for trespass, thereby terminating this Lease, and store the Facilities at Lessee's expense, payable upon demand by Lessor. (g) elect to treat this Lease in full force and effect and shall be entitled to collect the rent provided for hereunder. 16. Condemnation. If the whole of the Property or Leased Space which are subject of this Lease or so much thereof as to interfere with the use thereof shall be taken or condemned by any competent authority for any public or quasi- public use or purpose, this Lease shall terminate as of the date when possession is taken. In such event, Lessor shall be under no liability to Lessee, and Lessee shall be entitled to no part of any condemnation award except so much thereof as the condemning authority expressly allocates to moving or relocation expenses incurred by Lessee. Lessor shall provide Lessee with notice in writing of any actual or threatened condemnation proceedings promptly after receiving notice thereof. 17. ARBITRATION. ANY DISPUTE AS TO THE INTERPRETATION OR ENFORCEMENT OF THIS LEASE SHALL BE SUBJECT TO BINDING ARBITRATION PURSUANT TO THE RULES AND REGULATIONS OF THE AMERICAN ARBITRATION ASSOCIATION. EACH PARTY WAIVES ALL RIGHT TO TRIAL, AND JUDGMENT MAYBE ENTERED UPON THE ARBITRATION AWARD UPON PETITION TO THE APPROPRIATE COURT. 18. Mortgage by Lessor. This Lease is and shall be subject to a security interest or Page 6 of 11 P31 mortgage which might now or hereafter constitute a lien upon the Property. This Lease is and shall be subject and subordinate in all respects to any and all such mortgages on the Property and to all renewals, modifications, consolidations, replacements and extensions thereof. In the event any proceedings are brought for foreclosure or in the event of the exercise of the power of sale under any mortgage covering the Property, the Lessee shall attorney to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Lessor under this Lease; provided that so long as the Lessee is not in default hereunder, this Lease shall remain in full force and effect. 19. Title to Equipment. Lessee shall retain title at all times to its Equipment or personal property installed and operated by Lessee pursuant to this Lease. 20. Entirety. This writing constitutes the entire agreement between Lessor and Lessee and any modification hereof must, in order to be effective; be in writing, signed by authorized representatives of each party. 21. Waiver. Failure or delay on the part of either party to exercise any right, power, privilege, or remedy hereunder shall not operate as a waiver thereof; nor, shall any single or partial exercise of any right under this Lease preclude any other or further exercise thereof or the exercise of any other right. 22. Binding Effect. This Lease shall extend to and bind the heirs, persons, representatives, successors, assigns, or its successors in interest of the parties hereto. 23. Governing Law: Venue: Litigation Expenses. This Lease and performance hereunder shall be governed, interpreted, construed and regulated by the laws of the Commonwealth of Virginia. Venue shall be in the appropriate court in Pittsylvania County Virginia, or the nearest appropriate. Federal Court. In any litigation or arbitration resulting from anything contained herein, each party shall by all of its own litigation expenses and fees. 24. Notice. All notice and payments due hereunder shall be deemed validly given if sent by certified mail, return receipt requested, or with a nationally recognized courier who provides notice of receipt, postage fully prepaid, addressed as follows, or to such other addresses as may be given from either party in writing to the other: Lessor: Director of Emergency Management & Communications P.O. Box 426, 1 Center Street Chatham, Virginia 24531 Atm: Jim Davis Phone(434)432 -7921 Email: Jim.Davis @pittgov.org Lessee: E.W. Tibbs, President & CEO Centra Health, Inc. 1901 Tate Springs Road Lynchburg, Virginia 24501 Phone: (434) 200 -4701 Email: ew.tibbs @centrahealth.com Page 7 of 11 P32 25. Headings. Section headings in this Lease are included for the convenience of reference only and shall not constitute a part of this Lease for any other purpose. 26. Rules of Interpretation. In the event that this Lease requires interpretation, such interpretation shall not presume that the terms hereof shall be more strictly construed against one party by reason of any rule of construction than a document is to be construed more strictly against the party who prepared the same. 27. Brokerage. Each party warrants and represents to the other that it has not dealt with a real estate agent or broker with respect to this Lease, and, to the extent allowed by Virginia law, shall hold the other party harmless against all claims by any real estate agent or broker claiming a commission hereunder on behalf of the indemnifying party. 28. Memorandum of Lease. At the request of Lessee, Lessor hereby agrees to execute a Memorandum of Lease, in form satisfactory for recording, and such Memorandum of Lease may be filed of record by the Lessee, at Lessee's sole cost, including taxes or assessments incurred in connection therewith. The parties understand and agree that this Lease shall not be recorded of record. 29. Counterparts. This Lease may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute but one instrument. 30. Severabili[v. If any provision of this Agreement is in conflict with any applicable statute, rule of law, or regulation, then such provision shall be deemed to be null and void to the extent that it may conflict therewith but without invalidating the remaining provisions hereof. 31. Authority. Each party hereby represents and warrants to the other that all necessary corporate authorizations required for execution and performance of this Lease have been given and that the undersigned officer is duly authorized to execute this Lease and bind the party for this it signs. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. Page 8 of 11 P33 LESSOR: THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA By: Name: Jessie L. Barksdale Title: Chairman State of Virginia: County of Pinsylvania to wit: The foregoing instrument was acknowledged before me this day of � 2014, by Notary My Commission Expires: Approved as to Form: J. V aden Hunt, Esq. Pittsylvania County Attorney Page 9 of I I P34 LESSEE: By: Name: E. W. Tibbs Title: President and CEO State of Virginia County/City of , to wit: The foregoing instrument was acknowledged before me this _ day of. 2014, by Notary Public My Commission Expires: Page 10 of 11 P35 Exhibit "A" Rockford School Road Compactor Tower Site: Lot A, containing 1.25 acres, fronting 212.73 feet on State Road 665 in Piusylvania County, Virginia, as shown on Plat of Survey for Pittsylvania County, dated October 09, 1992, by E. Stokes Daniels, Jr., C.L.S., said Plat of Survey being attached hereto and made a part hereof, and being, in fact, a portion of that property conveyed unto Andy Ray Boles, Amice C. Boles, his wife, by deed dated December 2, 1964, recorded in the Clerk's Office of the County of Pittsylvania, Virginia, in Deed Book 449, page 524, reference to which deed is hereby made for a more particular description of the property herein conveyed. White Oak Mountain Tower Site Legal Description: 0.230 acre parcel, part of GPIN: 2423 -31 -8553, 100 square feet, located in the Dan River Magisterial District of Pittsylvania County, Virginia, located west of the intersection of State Road 1032 and U.S. Highway 29, on land owned by William H. and Judith R. Rogers, as shown on plat of survey entitled "Plat Showing Tower Lease Area for Pittsylvania County Board of Supervisors, Blair Magisterial District, Pittsylvania County, Virginia," dated February 7, 2012, created by William R. Powell, Land Surveyor, License Number 002910, of Dewberry & Davis, Inc., which plat is attached hereto as Exhibit "A" and made a part hereof, evidenced by documents recorded in deed book 548, page 366, map book K, page 19, and map book 44, page 73J, all documents existing and recorded in the Circuit Court's Clerk's Office in the Circuit Court of Pittsylvania County, Virginia. Page 11 of It P36 UNFINISHED P37 AGENDA TITLE: PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA DATE: 7 -22 -14 Expenditure Refunds- Motion made by Mr. Snead and I ACTION: secoded by Mr. Barber and has now met the 10 -day Yes layover requirement. Requires a Roll Call Vote Budget Amendment for expenditure refunds STAFF CONTACT(S): CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY: ITEM NUMBER: 7 INFORMATION: INFORMATION: Attached is a list of expenditure refunds for the month of June 2014 for review. As discussed earlier with the Board, the simple routine of putting every refund back in the budget is extremely time consuming and leaves room for errors. To stay in balance with the Treasurer, we need to reappropriate refunds into the budget so the budget would increase with every expenditure refund. RECOMMENDATION: Staff recommends the reappropriation of funds as follows: $123.97 to County Attorney- Office Supplies (100 -4- 012210 - 6001), $199.67 to Clerk of Courts- Copier Lease (100 -4- 021600- 60051), $125.00 to Sheriff - Wrecker Service (100 -4- 031200- 3170), $2,281.99 to Sheriff - Project Lifesaver (100 -4- 031200 - 5882), $1,350.00 to Sheriff - Sheriff's Night Out (100 -4- 031200 - 5880), $60.00 to Sheriff -Parts (100 -4- 031200 - 6030), $29.84 to VFD- United Way Contribution (100 -4- 032200 - 5667), $483.69 to Jail- Extradition (100- 4- 033100- 5550), $1,930.00 to E911- Emergency Contingencies (100 -4- 035500 - 583999), $2,033.01 to E911 -Tower Rental (100 -4- 035500- 8108), $105.00 to B &G- Building Maintenance Supplies (100 -4- 043100 -6007, $20,521.24 to WIA -Other Operating (251 -4- 353853- 6014). MOTION MADE BY MR. SNEAD AND SECODED BY MR. BARBER AND HAS NOW MET THE 10 -DAY LAYOVER REQUIREMENT. REQUIRES A ROLL CALL VOTE. P38 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA DATE: AGENDA TITLE: 1 7 -07 -14 Expenditure Refunds- Requires a motion and a 10 -day I ACTION: layover Yes SUBJECT /PROPOSAL /REQUEST: Budget Amendment for expenditure refunds STAFF CONTACT(S): BACKGROUND: CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY: C(� ITEM NUMBER: 11 INFORMATION: INFORMATION: DISCUSSION: Attached is a list of expenditure refunds for the month of June 2014 for review. As discussed earlier with the Board, the simple routine of putting every refund back in the budget is extremely time consuming and leaves room for errors. To stay in balance with the Treasurer, we need to reappropriate refunds into the budget so the budget would increase with every expenditure refund. RECOMMENDATION: Staff recommends the reappropriation of funds as follows: $123.97 to County Attorney -Office Supplies (100 -4- 012210- 6001), $199.67 to Clerk of Courts - Copier Lease (100 -4- 021600 - 60051), $125.00 to Sheriff - Wrecker Service (100 -4- 031200- 3170), $2,281.99 to Sheriff - Project Lifesaver (100 -4- 031200 - 5882), $1,350.00 to Sheriff - Sheriff's Night Out (100-4-031200-5880), $60.00 to Sheriff -Parts (100 -4- 031200 - 6030), $29.84 to VFD- United Way Contribution (100 -4- 032200 - 5667), $483.69 to Jail- Extradition (100-4- 033100- 5550), $1,930.00 to F,911- Emergency Contingencies (100 -4- 035500 - 583999), $2,033.01 to E91I -Tower Rental (100 -4- 035500- 8108), $105.00 to B &G- Building Maintenance Supplies (100-4-043100-6007, $20,521.24 to WIA -Other Operating (251 -4- 353853- 6014). THIS ITEM REQUIRES A MOTION AND A 10 -DAY LAYOVER. P39 P39 Finance Department P.O. Box 426 Chatham, Virginia 24531 PITTSYLVANIA COUNTY k 1t1"-i.a:� MEMO TO: Clarence C. Monday County Administrator R ' FROM: Kim Van Der Hyde�h!� Finance Director "111 SUBJECT: June Expenditure Refunds DATE: July 2, 2014 Phone (434) 432 -7740 Fax (434) 432 -7746 Gretna /Hurt (434) 656-6211 Bachelors HaW WhitmeB (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- 012210 -6001 County Attorney- Office Supply 123.97 FOIA payments 100-4- 021600 -60051 Clerk of Court- Copier Lease 199.67 Reimbursement 1004-031200 -3170 Sheriff - Wrecker Service 125.00 Reimbursement 1004- 031200 -5882 Sheriff - Project Lifesaver 2,281.99 Donations (100-3-000000-189903) 100 -4 -031200 -5880 Sheriff - Sheriff's Night Out 1,350.00 Donations (100-3-000000-189904) 100-4- 031200 -6030 Sheriff -Parts 60.00 Restitution 100 -4- 032200 -5667 VFD- United Way Contribution 29.84 Donation (100-3-000000-189912) 1004- 033100 -5550 Extradition 483.69 100 -4 -035500- 583999 E911- Emergency Contingencies 1,930.00 Insurance Claim P40 P40 100 -4- 035500 -8108 E911 -Tower Rental 2,033.01 Lease Agreement Termination Refund 100 -4- 043100 -6007 B &G- Building Maint Supplies 105.00 Overpayment 251 -4- 353853 -6014 WIA -Rent 20,521.24 Rent Payments (251-3-000000-150201) TOTAL JUNE EXPENDITURE REFUNDS $29,243.41 P41 P41 NEW BUSINESS P42 PITTSYLVANIA COUNTY Board of Supervisors AGENDA TITLE: Resolution — Drought Disaster SUBJECT/PROPOSAL/REQUEST: Resolution STAFF CONTACT(S): Mr. Monday EXECUTIVE SUMMARY AGENDA DATE: 07 -22 -2014 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: 8 INFORMATION: INFORMATION: At their meeting on Monday, July 7, 2014, the Board of Supervisors unanimously approved drafting a resolution concerning drought disaster conditions on Pittsylvania County for the purpose of forwarding the resolution to Governor McAuliffe for his consideration in declaring Pittsylvania County a drought disaster area. Staff is prepared to forward the attached resolution to the Office of the Governor should the Board feel the recent rainfalls have not relieved the area of drought conditions. In the past the County included with the resolution reports provided by the Virginia Cooperative Extension office on drought disaster conditions and any crop damages incurred due to drought conditions within Pittsylvania County. To date, the County has not received any 2014 reports from the Virginia Cooperative Extension concerning drought conditions, crop damage /loss and/or livestock damage/loss to accompany the resolution. Staff submits this to the Board of Supervisors for their review and consideration. P43 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2014 -07 -02 VIRGINIA: At the regular meeting of the Pittsylvania County Board of Supervisors held in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia on Monday July 7, 2014, the following resolution was adopted: WHEREAS, Pittsylvania County has experienced an intense early to mid season drought that encompassed the entire geographical area of the County and has significantly affected many annual crops and most perennial crops including hay and pasture; and WHEREAS, livestock watering has been affected with creeks drying, wells drying up and report of one well collapsing, producers are reducing herd numbers and feeding hay, and weight gain decreases due to the severe nature of this drought and there is an increased incidence of pink eye; and WHEREAS, the loss of revenue due to these environmental factors has caused a significant financial burden on the agricultural community in Pittsylvania County; and WHEREAS, conservative estimates of crop losses due to the environmental conditions experienced thus far are being compiled, damages are expected to be significant; then BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors declare a disaster area in Pittsylvania County due to the extreme drought and petition the Honorable Terry McAuliffe, Governor of the Commonwealth of Virginia, to declare Pittsylvania County a disaster area due to the extreme drought conditions in order to provide the means for those affected to qualify for any available relief assistance; and BE IT FURTHER RESOLVED, that a copy of this Resolution be forward to the Honorable Terry McAuliffe, Governor of the Commonwealth of Virginia, respectfully requesting that he forward this resolution to the U.S. Department of Agriculture on the behalf of Pittsylvania County. Given under my hand this 7u' day of July, 2014. Jessie L. Barksdale, Chairman Pittsylvania County Board of Supervisors Clarence C. Monday, Clerk Pittsylvania County Board of Supervisors P44 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: 2013 -2014 School Board Carryover- Requires a Roll Call Vote 2013 -2014 School Board Carryover STAFF CONTACT(S): BACKGROUND: AGENDA DATE: 7 -22 -14 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: 9 INFORMATION: INFORMATION: Attached is a letter from James McDaniel, Division Superintendent from the Pittsylvania County School Board requesting a carryover of funds to the 2014 -2015 budget in the amount of $924,850.58. An additional appropriation is required by the Board of Supervisors in order to make these changes. The breakdown of this carryover is also attached, which indicates the sources of funding for the carryover. RECOMMENDATION: Staff recommends that the Board approve and appropriate the attached carryover to the School Board's 2014- 2015 budget based on the attached documentation from the School Board. Because this appropriation involves State and grant funds, a 10 -day layover is not required. THIS ITEM REQUIRES A ROLL CALL VOTE. P45 plan i6 ire PITTSYLVANIA COUNTY SCHOOLS P.O. Box 232.39 Bank Street S.E. • Chatham, Virginia 24531 July 9, 2014 Clarence C. Monday, County Administrator Pittsylvania County Board of Supervisors P.O. Box 426 Chatham, VA 24531 Mr. Monday: Mr—lames E. McDaniel Dirision Suprrinlendcnl Attached please find the June 30, 2014 Year End Financial Statement for Pittsylvania County Schools. The School Board asks that the Board of Supervisors approve the designated carryovers and amend and appropriate the FY 2014 -2015 budget by this amount. Thank you for your attention on this matter. Sincerely, James E. McDaniel Division Superintendent TELEPHONE NUMBERS: (434) 432 -2761 • (434) 793 -1624 (Danville) • (434) 656 -6248 (Grema) • FAX (434) 432 -9560 P46 O a d a y W O p W O t W M V .fl N p .fl C � « v a � Y 40 7 a d d a 1� O N O r+ M a O O n vl O r- app 7 S oC O n a V) � L O N N O W o vdi eo N a' O 'V 'n O i� CIF a 00 M N M 69 !H b4 69 m 6P9 a b9 � � m 69 69 'y h 69 N 6M9 09 b0O9 6M9 6N9 V9 69 In O ^� U V6Oi N Oho 0�0 W C�, 00 Q O N rO h lO 7 0 V N N- W C� C vj lD v es Vl lr� 69 7 m D\ v, M 69 b 69 vt M 69 69 in us us y O O h O P O O ti N O h r- � 7 vi oC vi In a V) LZ L O N N O W o N O In a' O z w O i� 00 00 M N M � m 6P9 a 60D9 � 69 69 y N U O b ti VNl b 1p r- d O � o t: In a V) LZ L O N N O W o N O In a' O z w O i� 00 00 M N M C 0c6 6M9 09 b0O9 6M9 6N9 V9 69 y N � y a i � G o c d O � o t: � a (/5 a V) LZ L O N N O W o p C G. 2 o ` b �C a W� r1 h O N .r O a O h O; O O 0�0 Vi U N � y L U d i � G o c d O � o O y � L O N N O W o p C G. _ C u O v F '' a' O z w P47 � N h yet 0000 O 00 C f0O�0I 011 600A V u e y W � R 7 m .fl L C A � � U a � e d W y F J W r s ti d O V d a i V b q a Q h N h M H N h h a z a o v ro a e i ° 8 ` "E �0 0 o e o 0 06 0 06 N O h 0 h 0066 a o 0g6 fio� O .6 v 17 'R H9 M 1.0 M P V3 Vf f/9 (A T E U c N — U L 6_ o bD bp O C � .o 'v � G bD � C oa._ � 0 0 U � � .o e D "> y O E Y m 2 x F 0 r y 4 C WE E .c o r n o � � d 3 � a � U Q N Q6 i 7 Q � N w S c 0 G 0 O O PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: 2014 Year -End Budget Amendments- Requires a Roll Call Vote SUBJECT/PROPOSAL/REQUEST: Year -End Budget Amendments STAFF CONTACT(S): Monday. VanDerHvde AGENDA DATE: 7 -22 -14 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY: ITEM NUMBER: 10 INFORMATION: INFORMATION: At year -end, there were several departments that finished the year in the red. Most of these overages were due to unforeseen increases or unavoidable expenditures. These departments included the Board of Supervisors (011010) in the amount of $2,924.04, Central Accounting (012430) in the amount of $183.52, Information Technology (012510) in the amount of $116.33 and the Court Services Unit (033300) in the amount of $24,397.72. The Court Services Unit was over because two invoices for detention charges from 2013 were paid in the 2014 budget year, which resulted in paying 14 months of detention charges out of a 12 month allowance. The total of these deficits is $27,621.61. This amount can be covered by using funds located in the following line items, which remained unspent at year -end: 100 -4- 081200 -5644 Soil & Water Conservation $ 9,000.00 100 -4- 081200 -5649 Smith Mtn Lake Assoc -TLAC $15,397.72 100 -4- 091200 -2300 Blue Cross Blue Shield $ 3,223.89 In addition to these General Fund corrections, the Jail Inmate Management Fund was in the red by $5,117.93. This fund recieves housing fees from inmates and in turn, these funds can only be used for the benefit of the inmates. This amount should be appropriated from funds located in the Jail Inmate Management Fund that have not been previously appropriated. Also, attached is a letter from Mr. James E. McDaniel, Division Superintendent of Schools, requesting the categorical changes for the year. These changes are requested annually when all expenses are accounted for at year -end to insure that positive balances occur in each category. P48 RECOMMENDATION: Staff recommends that the Board approve the recommended 2014 budget adjustments listed above as well as the 2014 categorical changes requested by Mr. McDaniel. THIS ITEM REQUIRES A ROLL CALL VOTE. P49 pinn• �, Pe ^ PITTSYLVANIA COUNTY SCHOOLS P.O. Box 232 - 39 Bank Street S.E. • Chatham, Virginia 24531 July 9, 2014 Clarence C. Monday, County Administrator Pittsylvania County Board of Supervisors P. 0. Box 426 Chatham, VA 24531 Mr. Monday: Mc James E. McDaniel Dhkinn SnpoinlendenI Attached please find the FY 2013 -2014 Categorical Budget breakdown with adjustments. Transfers are required between all categories to cover actual operating expenses and carryovers for the fiscal year. We ask the Board of Supervisors to adjust the FY 2013- 2014 budget categories accordingly. Thank you for your attention on this matter. Sincerely, � &4� .Tames E. McDaniel Division Superintendent TF.LEPIIONE NUMBERS: (434) 432 -2761 • (434) 793 -1624 (Danville) • (434) 656 -6248 (Gretna) • FAX (434) 432 -9560 P50 a M a ' N � I C IY 0 R Y O 00 U 9 W Y N v M N vt ai e Z m M V? � CL S z a N L O vt T CL N M N f� tD �O 01 00 o m o a N �n oo of n 00 r 00 M oN M H1 1p 00 M N � 7 1 ao m M o N o 0 0 N N r Vf 01 O O O M 001 0) 0 N Q m rl 1l1 'i VI 10 N M 00 r N N Ol r Ol 00 00 O N N 1 i i m a m a rya o o w .+ m m 00 N r O Oi M 01 to' M o vi ri p 00 O �A O N m ELI r M N N I t0 00 �oom000a �ooa000M r Q N N N Q ui Q Of r r a N M ooLon N M M Ol N O N Q �0 M O Ol N N M 06 a ni W W r7 .y ll1 O L n �0 00 Y 0 a .'n v v N u c 0) 01 a s o .5 O v m " = o v o � n O C O O y 0 n v c 'u u r E¢ a O z LL H P,51 P,51 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Travel- Training Conference SUBJECT/PROPOSAL/REQUEST: Approval Out Of State Travel —E911 STAFF CONTACT(S): Messrs. Monday, Davis BACKGROUND: AGENDA DATE: July 22, 2014 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: ITEM NUMBER: 11 INFORMATION: INFORMATION: Our E -911 Center utilizes Computer -Aided Dispatch to process our calls for service. Additionally, we utilize computer mapping to assist our dispatchers in the location of the calls as received. Sungard /OSSI is our vendor that provides the software for this operation. DISCUSSION: Each year in Greensboro NC, Sungard /OSSI has a users conference to provide training for our CAD and System Administrators. This year the conference will be held from August 18 -21 at the Koury Convention Center. This training provides staff the opportunity to come back and train others the new enhancements and techniques. Mr. Davis is requesting to send himself and Mr. Daniel Kendrick from his office. Registration for all will cost $750.00. Rooms will be acquired at a nearby hotel, which is significantly cheaper than at the conference center. Rooms and meals and travel cost are expected to be $900.00 RECOMMENDATION: Staff recommends the Board of Supervisors to authorize the out of state travel request for staff members from our E -911 Center. This will be charged from the E911 budget line items of 100 -4- 035500 - 550000 (travel) and 100 -4- 035500 - 554000 (training). P52 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Out of State Travel — Director of Agricultural 07 -22 -2014 12 Development ACTION: INFORMATION: SUBJECT/PROPOSAL/REQUEST: Yes Out of State Travel to Maryland for joint MD -VA agricultural marketing meeting CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Mr. Monday; Mr. Sides ATTACHMENTS: No REVIEWED BY: Mr. Fred Wydner, Director of Agricultural Development, is responsible for promoting existing agricultural operations and looking for new agricultural development opportunities to bring new jobs and income to the County. Mr. Wydner was instrumental in forming the Virginia Agricultural Development Officers (VADO) organization to allow agricultural marketing professionals from around the state to share ideas and successes. The Virginia organization annually meets with their colleagues from Maryland to broaden the range of experiences and to share solutions on shared issues. The 2014 joint meeting is being hosted by Maryland on September 10 —12, 2014. The deadline for participant registration is July 30, 2014. Funds for this travel are included in the current budget for the Department of Agriculture Development. RECOMMENDATION: Staff recommends that the requested out -of -state travel be approved. P53 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Request for Public Hearing — Chapter 5 of the 07 -22 -2014 Pittsylvania County Code; Cemeteries — Mt. Zion Baptist Church ACTION: Yes SUBJECT/PROPOSAL/REQUEST: Public Hearing STAFF CONTACT(S): Mr. Monday CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY: ITEM NUMBER: 13 INFORMATION: INFORMATION: BACKGROUND: Virginia State Code requires that whenever a church sets up a cemetery that is not adjacent to the church or on church property that it has to go through a local county ordinance. Chapter 5 of the Pittsylvania County Code is set up to identify cemeteries not adjacent or located on church properties in Pittsylvania County. Mt. Zion Baptist Church, located in Gretna, Virginia, plans to purchase 0.90 acre of land on Telegraph Road for the purpose of forming a cemetery for the church. (See attached letter and map.) RECOMMENDATION: Staff recommends the Board of Supervisors set a public hearing for citizen input on Monday, August 4, 2014 at 7:00pm in the General District Courtroom of the Edwin R. Shields Courthouse Addition and authorize the County Administrator to place the required public hearing notice. P54 Mt. Zion Baptist Church P.O. BOX 1187 U rO V U L 1 4 2014 Gretna, Virginia 24557 (434)656 -3086 Rev. Burnett Clark, Pastor Louise C. Morrison, Clerk Deacon Joseph G. Thompson, Chairman (434) 441 -0918 (434)335.5349 July 2, 2014 To: Whom it may Concern: This is a letter to confirm that the land which will be purchased by Mt. Zion Baptist Church of Gretna, VA from Richard Harvey on Telegraph Rd will be used for a church cemetery. The purchase is for 0.90 acre of land which is shown on # 12 on the map that is enclosed. Thank You Trustee President David Thompson Chairman of Board Joseph Thompson Assistant Church Clerk Dianne Thompson Pastor Rev Burnett Clark P55 ERM/NEp /r /N /� cu. �.... ...,.. _ %L% S .7`1 /O �NS057Y % 3.02" .S, 7E LO Bva 07NG ON N 14225 r =Soo' Sro rt .o ACRES 35154 0 \ tiq +5 S65•JL'£ "`_. _� j.4 711 J;2' 115 ��� /© .VJS'54'11' m. 7d 141 5J %71 TRACT NO. .90 1.08 AC.RE3 y Soo! ACRES ACRE / ACR£S k N 5714' /VOiY OR FORMER[Y� /' 't N M-59 w / 714 °1 zxr /co s9' "N 14043 5 ' / /Li RAY C.OLLANDS gel d6f 11 26 Sg ' AG A(65 //,W ESTATE 1APPROX1144 TE rRA 6T- N cERrIF1cArE LOCAT /ON 11NE NS!'hWOWER ✓ONES 4,4T TN /S PLAT AND SU5O / ✓ /370N WAS e` 0 OR FORMERLY c AT r/4E DIRECTION OF THE OWNERS PO e / !91.51 13 ENTIRELY W/TN/N "NE KELLY � SUBDI✓IJION 4RIES OF LAND owlVED BY THE 1 y dh AND T/L4T THE MONUMENTS SHOWN T NAVE BEEN ACTUAL! ?L AGED A,VD COCAT /ON AND CNARAfTER ARE SF/OIVN. E' EX✓STIN6 LOT vn 4 7 eq�yb 9� �n 97 50% a ,\ ACRE) 11' rK LAS N J71 F / 'W 464 19' 001.4 577M 10' �L SJ2. 20'E 20,0080 ROAD e; S7/ 49' B 8 10,0[5 e N 25.19' W 21, l60 169 90' }�- 1� N,iO�cz' 113. /to ` 21 577• s E� 200' b . bo' ACRES 21, PAR* ji 5 ��© 59ti TRACT 1 10. z \-n / iO E Swan 20,206p �qg yi: \SO2 5' 1G, 944m �I M1 v.�(h A -. /Y 115 43' %L% S .7`1 /O �NS057Y % 3.02" a�`�. 14225 r =Soo' Sro rt .o ACRES 35154 0 \ tiq +5 S65•JL'£ "`_. _� j.4 711 J;2' 115 ��� /© .VJS'54'11' m. 7d 141 5J %71 TRACT NO. .90 1.08 AC.RE3 y Soo! ACRES ACRE / ACR£S k N 5714' /VOiY OR FORMER[Y� /' 't N M-59 w / 714 °1 zxr /co s9' "N 14043 5 ' / /Li RAY C.OLLANDS gel d6f 11 9270 A(65 //,W ESTATE 1APPROX1144 TE 209.59' A. LOCAT /ON 11NE NS!'hWOWER ✓ONES OR FORMERLY Nrs•/s%+ / !91.51 KELLY � S43s!" STAT£ N1611W4T 4 P56 REPORTS FROM MEMBERS P57 REPORTS FROM LEGAL COUNSEL P58 REPORTS FROM COUNTY ADMINISTRATOR P59 ADJOURNMENT P60