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01-20-09-Adjourned MeetingBOARD PACKE~' BOARD OF SUPERVISORS ADJOURNED MEETING JANUARY 20, 2009 a 1767 I PITTSYLVANIA COUNTY BOARD OF SUPERVISORS ADJOURNED MEETING TUESDAY, JANUARY 20, 2009 GENERAL DISTRICT COURTROOM EDWIN R. SHIELDS COURTHOUSE ADDITION AGENDA . ~, . • . ,~ 1. Call to Order - 7:00 p.m. 2. Roll Call 3. Invocation 4. Pledge of Allegiance 5. Items to be Added to the Agenda Closed Session (a) Section 2.2-3711 (A) (5) of the Code of Virginia, 1950, as amended. (b) Section 2.2-3711 (A) (3) of the Code of Virginia, 1950, as amended. Section 2.2-3711 (A) (6) of the Code of Virginia, 1950, as amended. Section 2.2-3711 (A) (7) of the Code of Virginia, 1950, as amended Approval of Agenda Hearing of Citizens 8. Consent A~enda: (a) Letter of Support for Agricultural Center - Pages - 1-2 . (b) DUI Selective Enforcement Grant - Pages - 3-6 . ~ . •. . . Public Hearings " 9. Rezonin Cases Case 1: Richard Holbrook - Westover District: R-09-001 Case 2: Nathaniel T. Coles & Denny M. Coles - Banister District: R-09-002 10. Proposed Moving of the Sandy Level Voting Precinct - Pages - 7-13 11. Proposed Transfer of Property to the Town of Gretna - Pages - 14-16 Old Business 12. Proposed By-Laws Change - 10-Day Layover - Pages - 18-25 New Business 13. Teresa Easley - Treasurer -Page 26 (a) 3 Year pog Tags (b) Resolution for $30 Administration Fee on Properties of Treasurer Sales (c) Ordinance to stop mortgage Companies from removing mobile homes after the Treasurer's office has scheduled the property for sale. 14. Gerald Todt - Director - Social Services -Page 27 (a) Introduction of new Social Services Director (b) Discussion of Budget Cuts w 15. Performance Agree~ent - Donnachaidh, LLC - Pages ~~ 28-43 , ~ • .. 16. Consent Orders - DEQ - Pages - 44-51 17. Internet Access Service Cost - Pages - 52-53 18. Amend Warrco Contract - Woodbriar Lane Waterline Extension - Pages - 54-SS 19. Award Contract for Lakeside Drive Sanitary Sewer - Page - 56-59 20. Resolution - Interim Economic Development Director - Page - 60-61 Reports from Board Members Reports from Officers and Committees Reports from County Administrator Closed Session Adiournment ITEMS TO BE ADDED ~ ~ ~--~-,r.,~.~ ~~ ~~ ~ ~~ ~ ~ # _ ~- ~ CONSENT AGENDA PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 01-20-09 ITEM NUMBER: 8 (a) Letter of Support - Agricultural Center ACTION: INFORMATION: SUBJECT/PROPOSAL/REQUEST: Letter of Support for Agricultural Center - Route 29 CONSENT AGENDA: ACTION: Yes INFORMATION: STAFF CONTACT(S): Mr. Sleeper ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Board of Supervisors has supported the Pittsylvania County Agricultural Development Board in its efforts to develop an Agricultural Center on Route 29 North of Chatham. DISCUSSION: Attached hereto, is a Letter of Support to the U.S.D.A. for a grant application to assist the Agricultural Development Board in the building of the Agricultural Center on 29. RECOMMENDATION: Staff recommends the Board of Supervisors approve this under the Consent Agenda and authorize the County Administrator to forward it with the grant application to the U. S. Department of Agriculture. P1 PITTSYLVANIA COUNTY VIRGINIA ~C~ S Y L v'~.~. ti j William D. Sleeper 4 9n Phone (434) 432-7710 County Administrator o Fax (434) 432-7714 P.O. Box 426 a ~ ~ Chatham, Virginia 24531 ~ o~ ,y Grema/Hurt (434) 656-6211 dan.sleeper@pittgov.org ~' ~ b Bachelors Hall/Whitmell (434) 797-9550 1767 January 15, 2009 Regional U.S.D.A. Grant Administrator Re: Regional Agricultural Development Center This is to certify that the Pittsylvania County Board of Supervisors is in support of the Regional Agricultural Development Center currently proposed for construction on U. S. Route 29 North of Chatham, Virginia. This proposed Agricultural Center will be the center for agricultural economic development in Pittsylvania County. It will assist local farmers and farm related companies in the development and marketing of their products. It will provide a gathering place for special events, particularly concerning equestrian activities, and it will provide a regional center for a farmer's market and for livestock and other marketing activities. The Board of Supervisors of Pittsylvania County is in strong support of this agricultural center and has proposed to provide necessary infrastructure utilities, such as water and sewer, to this facility to assist in its development. If you require any additional information, please do not hesitate to contact my office. Sincerely, William D. Sleeper County Administrator WDS/kp Cc: Honorable Members of the Board of Supervisors Members of the Agricultural Development Committee P2 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: O 1 /20/2009 1TEM NUMBER: 8 (b) Budget Amendments ACTION: Yes INFORMATION: SUBJECT/PROPOSAL/REQUEST: DUI Selective Enforcement Grant CONSENT AGENDA: ACTION: Yes INFORMATION: STAFF CONTACT(S): Messrs. Sleeper and Mrs. Mills ATTACHMENTS: Yes BACKGROUND: The FY 08-09 budget, as adopted April 7, 2008, includes $30,000 for the DUI Selective Enforcement Grant. Virginia Department of Motor Vehicles (DMV) funding: FY 2007-08 - Grant Period: October 1, 2007 - Seutember 30, 2008 $28,500.00 Original award 2,000.00 Click It or Ticket (CIOT) Additional award - September 8, 2008 500.00 Regional Highway Safety (Campbell County) - September 2008 $31,000.00 FY 2008-09 (Grant Period: October 10, 2008 - Seatember 30, 2009) $37,500.00 Original award Budget amendment and appropriation of $27,508.00 needed. Grant funds not spent by June 30, 2009 will be carried over to FY 2009-10. DISCUSSION: RECOMMENDATION: Staff recommends that the Board amend the FY 2008-09 budget and approve the appropriation of $27,508.00 for the DUI Selective Enforcement Grant. P3 TSS 12C (8/1 /2006) HIGHWAY SAFETY GRANT AGREEMENT AMENDMENT Amendment Number 1 Project Number: K82008581663106 The Virginia Department of Motor Vehicles (hereinafter "Department") and Pittsylvania County Sheriff s Office executed a Highway Safety Grant Agreement on October 1. 2007 to conduct highway safety activities with the project title of ~DUI Selective Enforcement). The undersigned parties to the above numbered Highway Safety Grant Agreement mutually understand and agree to amend said Agreement as provided below: description of Conduct enforcement initiatives during the month of September 2008. Va. HSO has approved for an increase of $2,000.00 above the initial amount awarded $28,500. The initial scope of this agreement has not changed. With this amendment the total amount awarcied under this project through September 2008 will be $30,500.00 See attached revised budget and justification. Attach amended/mod~ed Grant Agreement provision(s) to this Amendment form as necessary. This Amendment shall beoome effective when fully executed by both parties. All other terms and conditions of the Approved Highway Safety Grant Agreement not hereby amended shall remain in full force and effect. ~ SIGNATURES OF AUTHORIZED APPROYING OFFICIALS For Subs~t,ant~;...:,Pittsy~vania~ounty For Virainia Department of Motor Vehicles: . • -n w, Deputy Commissioner or Designee Name (print) ~~ Date Signature Date Wlliam D, S)eeper, Counry Administrator (print) ~~ Date Highway Safety GrantAgreementAmendment Page 1 of 1 P4 cC~O~I~~I[I~~l[c0~~\~u]EA\]L~C']H( ~o>~F \u][]E~~G~](I~](A\ Department of Motor Vehicles post Office Box 27412 v. s. sm~t 2300 West Broad Street Richmond, VA 23269-0001 Commissioner 866-DMV-LINE or 800-435-5137 August 1, 2008 Michael Taylor Sheriff Pittsylvania County 21 North Main Street Chatham, VA 24531 Dear Sir or Madam: Safety has been and will continue to be a high priority in Virginia's overall transportation system. The Kaine administration is committed to ensuring that safety is the highest priority in the development of the Commonwealth's multi-modal transportation system. I am pleased to inform you that the highway safety project proposal(s) listed below have been approved for the 2009 National Highway Traffic Administrarion pass-through grant funding. Program Project ID# - CFDA# Project Title Amount Approved K8-2009-59270-3573-20.601 DUI Selective Enforcement $37,500 00 The availability of funds under this grant is contingent upon two conditions: (1) the Project Director and the Fiscal Contact responsible for the financial management of your grant must attend a grantee workshop and (2) the release of federal funds to the Commonwealth. Your assigned Program Manager will be contacting you to provide the dates and locations regarding this mandatory training. You wil] receive the project agreement(s), the scope of work and special conditions during the training session. As the recipient of a 2009 grant award, it is important that you read and follow this information carefully. If you have any questions regarding the conditions, please contact the Program Manager assign~d to your grant. We look forward to the positive impact on highway safety that your project will provide for all Virginians. Thank you for your commitment and participation in improving highway safety. Sincerely, ~"'V ~ ~d ~~ D. B. Smit DBS/sb Program Manager Roanoke: Steve Goodwin Fax: (804) 367-6631 TDD: 1-800-272-9268 E-mail: commish@dmv.virginia.gov Web site: www.dmvNOW.com P5 ~~m.vN ww,v.dmv OW . c o m TSS 012 (07/30/2008) Vugmia Departmenl of Motar Vehicles Pa @ 1 Of 16 Post OHice Boz 27412 9 Richmond, Virginia 23269-0001 Purpose: Virginia's Highway Safety Program Subgrantees use this form to certify and assure that they will fully comply with all terms of the Highway Safety Grant Agreement. Instructions: Subgrantees must read the contract, complete all applicable information on the first page, and return all pages to the Department of Motor Vehicles. This Highway Safety Grant Agreement is entered into between the Virginia Department of Motor Vehicles, (hereinafter "DepartmenY'), 2300 West Broad Street, Room 405, Richmond, Virginia 23220, and the following: Subgrantee: Pittsylvania County Project Title: DUI Selective Enforcement Project Number/CFDA Number: Grant Award Amount: K8-2009-59270-3573-20.601 $ 37,500.00 Source of funds obligated to this award: U.S. Department of Transportation Federal Highway Safety Funds Period of Performance for this project From October 1, 2008, or the date the Department receives this (hereinafter "Grant Period"): signed/dated Highway Safety Grant Agreement (whichever is later) through September 30, 2009. FINAL VOUCHER IS DUE ON OR BEFORE NOVEMBER 15, 2009. In performing its responsibilities under this Highway Safety Grant Agreement, the Subgrantee certifies and assures that it will fully comply with the following: Applicable Department regulations and policies and state and federal laws, regulations, and policies Statement of Work and Special Conditions, attached as page 2, and an Approved Budget on page 3 of this Highway Safety Grant Agreement General Terms and Conditions, attached as pages 4 through 16 of this Highway Safety Grant Agreement. Subgrantee's signature below indicates that the Subgrantee has read, understands and agrees to fully comply with all terms and conditions of this Highway Safety Grant Agreement without alteration. This Highway Safety Grant Agreement (hereinafter "Grant AgreemenY'), consisting of this certification; the attached Statement of Work and Special Conditions; the attached General Terms and Conditions; the attached Project Budget; the Subgrantee's proposal; and the letter awarding the grant to the Subgrantee constitutes the entire agreement between the Department and the Subgrantee, supercedes any prior oral or written agreement between the parties and may not be modified except by written agreement as provided herein. Where any conflict arises between terms, the following is the order of governance of one term over another: (1) applicable Department regulations and policies, except where superceded by federal laws, regulations, or policies (2) applicable state laws, regulations, and policies, except where superceded by federal laws, regulations, or policies; (3) applicable federal laws, regulations, and policies; (4) Statement of Work and Special Conditions; (5) General Terms and Conditions; (6) Project Budget; (7) Subgrantee's proposal; and (8) grant award letter. ~ SIGNATURES OF AUTHORIZED APPROVING OFFICIALS II For Subctrantee: For Virqinia Department of Motor Vehicles: David A. Mitchell ~ De ty Commissioner or Designee Name (print) ~ ~~t~ ~ (~ c ~i i ature Date P6 William . Slee er, Count Administrator Name Title of Autho ized Approving Official (print) ,~~'~ ~ ~/~,~' Signature Date PUBLIC HEARINGS (BOOKLET and/or ENCLOSURE) PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: O 1-20-09 Public Hearing - Proposed Voting Precinct Move ACTION: SUBJECT/PROPOSAL/REQUEST: Yes Public Hearing for the Proposed Moving of the Sandy I CONSENT AGENDA: Level Voting Precinct ACTION: STAFF CONTACT(S): Mr. Sleeper ATTACHMENTS: Yes ITEM NUMBER: 10 INFORMATION: INFORMATION: BACKGROUND: DISCUSSION: The Board of Supervisors of Pittsylvania County voted on December 16, 2008 at their adjourned meeting to hold a public hearing in the General District Courtroom of the Edwin R. Shields Courthouse Addition to receive citizen input on the proposal to move of the Sandy Level voting precinct. It is the intent of the Board of Supervisors to move the Sandy Level Voting Precinct from the Cool Branch Volunteer Rescue Squad, located at 3060 Smith Mountain Road, Penhook, Virginia to the Sandy Level Baptist Church located at 10845 W. Gretna Road, Sandy Level, Virginia. This would amend Section 8-7 of the Pittsylvania County Code. RECOMMENDATION: Staff submits this to the Board for their review and consideration. P7 PUBLIC HEARING NOTICE The Board of Supervisors of Pittsylvania County will hold a public hearing on Tuesday, January 20, 2009at 7:00 p. m. in the General District Courtroom of the Edwin R. Shields Courthouse Addition to receive citizen input on the proposal to move of the Sandy Level voting precinct. It is the intent of the Board of Supervisors to move the Sandy Level Voting Precinct from the Cool Branch Volunteer Rescue Squad, located at 3060 Smith Mountain Road, Penhook, Virginia to the Sandy Level Baptist Church located at 10845 W. Gretna Road, Sandy Level, Virginia. T'his would amend Section 8-7 of the Pittsylvania County Code. A full copy of this text is available for public viewing in the Office of the County Administrator at 21 North Main Street, Chatham, Virginia Monday through Friday from 8:00 a. m. to 5:00 p. m. P8 Existing SEC.8-7. PRECINCTS. The precinct for each election district and the polling place for each precinct shall be set forth below: (B.S.M. 6/5/89), (B.S.M. 1/2/90), (Dept. Justice (10/12/91), (B.S.M. 9/3/96), (B.S.M. 12/16/03), (B,S.M. 1/5/03), (B.S.M. 3/16/04), (B.S.M. 7/20/04), (B.S.M. 4/19/OS), (B.S.M. 5/16/06) (B.S.M. 6/19/07), (B.S.M. 8/04/08), (8/19/08) PRECINCT POLLING PLACE CHATHAM-BLAIRS ELECTION DISTRICT Twin Springs Twin Springs Elem. School Chatham Precinct Old Chatham Elementary School (Old Library Building) Tunstall Precinct Tunstall High School West Blairs Precinct Blairs Vol. Fire & Rescue CALLANDS-GRETNA ELECTION DISTRICT Callands Precinct Callands VFD Sandy Level Precinct Cool Branch Vol. Rescue Squad Climax Precinct Climax Ruritan Club Gretna Precinct Gretna Senior H. S. BAIVISTER ELECTION DISTRICT Central Precinct Chatham Elementary School Riceville Precinct 640 Rescue Squad Bldg. East Blairs Precinct Southside Elementary School Mt. Airy Precinct Mt. Airy Elem. School East Gretna Precinct Gretna Elem. School DAN RIVER ELECTION DISTRICT Keeling Precinct Kentuck Precinct Ringgold Precinct Keeling Vol. Fire Dept. Dan River High School Ringgold Vol. Fire & Rescue STAUNTON RIVER ELECTION DISTRICT Hurt Precinct Hurt Vol. Fire Department P9 Motley-Sycamore Precinct Renan Motley Community Ctr. Renan Vol. Fire Dept. TUNSTALL ELECTION DISTRICT Bearskin Precinct Brosville Precinct Stony Mill Precinct Swansonville Precinct Whitmell Precinct Dry Fork Precinct Union Hall Elem. School - Brosville Middle School Stony Mill Elem. School Katies, Inc., Store Tunstall Volunteer Fire Department Dry Fork Volunteer Fire Department WESTOVER ELECTION DISTRICT Bachelors Hall Precinct Bachelors Hall Vol. Fire Dept. Ferry Road Precinct Riverbend Vol. Fire Dept. Mt. Hermon Precinct Woodmen of the World Building Mt. Cross Precinct Mt. Cross Vol. Fire Dept. CENTRAL ABSENTEE PRECINCT Central Absentee Precinct Old Chatham Elementary School (Old Library Building) P10 Proposed SEC.8-7. PRECINCTS. The precinct for each election district and the polling place for each precinct shall be set-forth below: (B.S.M. 6/5/89), (B.S.M. 1/2/90), (Dept. Justice (10/12/91), (B.S.M. 9/3/96), (B.S.M. 12/16/03), (B.S.M. 1/5/03), (B.S.M. 3/16/04), (B.S.M. 7/20/04), (B.S.M. 4/19/0~, (B.S.M. 5/16/06) (B.S.M. 6/19/07), (B.S.M. 8/04/08), (8/19/08) POLLING PLACE CHATHAM-BLAIRS ELECTION DISTRICT Twin Springs Twin Springs Elem. School Chatham Precinct Old Chatham Elementary School (Old Library Building) Tunstall Precinct Tunstall High School West Blairs Precinct Blairs Vol. Fire & Rescue CALLANDS-GRETNA ELECTION DISTRICT Callands Precinct Callands VFD Sandy Level Precinct Sandy Level Baptist Church Climax Precinct Climax Ruritan Club Crretna Precinct Gretna Senior H.S. BAIVISTER ELECTION DISTRICT Central Precinct Chatham Elementary School Riceville Precinct 640 Rescue Squad Bldg. East Blairs Precinct Southside Elementary School Mt. Airy Precinct Mt. Airy Elem. School East Gretna Precinct Crretna Elem. School DAN RIVER ELECTION DISTRICT Keeling Precinct Kentuck Precinct Ringgold Precinct Keeling Vol. Fire Dept. Dan River High School Ringgold Vol. Fire & Rescue STAUNTON RIVER ELECTION DISTRICT Hurt Precinct Hurt Vol. Fire Department P11 Motley-Sycamore Precinct Motley Community Ctr. Renan Renan Vol. Fire Dept. TUNSTALL ELECTION DISTRICT Bearskin Precinct Brosville Precinct Stony Mill Precinct Swansonville Precinct Whitmell Precinct Dry Fork Precinct Union Hall Elem. School Brosville Middle School Stony Mill Elem. School Katies, Inc., Store Tunstall Volunteer Fire Department Dry Fork Volunteer Fire Department WESTOVER ELECTION DISTRICT Bachelors Hall Precinct Bachelors Hall Vol. Fire Dept. Ferry Road Precinct Riverbend Vol. Fire Dept. Mt. Hermon Precinct Woodmen of the World Building Mt. Cross Precinct Mt. Cross Vol. Fire Dept. CENTRAL ABSENTEE PRECINCT Central Absentee Precinct Old Chatham Elementary School (Old Library Building) P12 PUBLIC HEARING NOTICE The Board of Supervisors of Pittsylvania County will hold a public hearing on Tuesday, January 20, 2009 at 7:00 p. m. in the General District Courtroom of the Edwin R. Shields Courthouse Addition to receive citizen input on the proposal to move the Sandy Level voting precinct. It is the intent of the Board of Supervisors to move the Sandy Level Voting Precinct from the Cool Branch Volunteer Rescue Squad, located at 3060 Smith Mountain Road, Penhook, Virginia to the Sandy Level Baptist Church located at 10845 W. Gretna Road, Sandy Level, Virginia. This would amend Section 8-7 of the Pitt~ylvania County Code. A full copy of this te~ is available for public viewing in the Office of the County Administrator at 21 North Main Street, Chatham, Virginia Monday through Friday from 8:00 a. m. to 5:00 p. m. 12-31-2tu _ il' 4 : ~ia~,r P13 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: O 1-20-09 ITEM NUMBER: 11 Public Hearing - Land Transfer SUBJECT/PROPOSAL/REQUEST: ACTION: Yes INFORMATION: Public Hearing for a Proposed Land Transfer to the Town of Gretna STAFF CONTACT(S): Mr. Sleeper CONSENT AGENDA: ACTION: ATTACHMENTS: Yes INFORMATION: BACKGROUND: DISCUSSION: The Board of Supervisors of Pittsylvania County voted on December 16, 2008 at their adjourned meeting to hold a public hearing on Tuesday, January 20, 2009 at 7:00 p. m. in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia to receive citizen input on the proposed transfer of property to the Town of Gretna. (See attached map of the proposed area.) Mr. Sleeper will provide a short presentation describing the property at the Board meeting. RECOMMENDATION: Staff submits this to the Board for their review and consideration. P14 . ~ • ~; ii ~. . - ' ~~ - G~•etrtn I~rrbtst~7n1 Prr~ l~ .-!~•~-n ~~. -'~~ =`•_ ~ ..., ~ ~ , ~ ~ 4' ~•~~ } .r4`~~ j,? •;iY • ` ,. '~. ~ SCQ~C: I Inda = 700~'eet ~~~I 4 ~~ t ~ k'j '') ~' r e ~~` ~.~' .: . .s~t '~` ~~: ., '~`~ '. '~'~s ~.s • P15 PUBLIC HEARING NOTICE The Board of Supervisors of Pittsylvania County will hold a pubic hearing on Tuesday, January 20, 2009 at 7:00 p. m. in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia to receive citizen input on the proposed transfer of property to the Town of Gretna. A full te~ to the proposed land transfer is available for public review at the County Administrator's Office, 21 North Main Street, Chatham, Virginia, Monday through Friday, 8:00 a.m. to 5:00 p.m. P16 PUBLIC HEARING NOTICE The Board of Supervisors of Pittsylvania County will hold a public hearing on Tuesday, January 20, 2009 at 7:00 p. m. in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia to receive citizen input on the proposed transfer of property to the Town of Gretna. A full text to the proposed land transfer is available. for public review at the County Administrator's Office, 21 North Main Street, Chatham, Virginia, Monday through Friday, 8:00 a.m. to 5:00 p.m. 12-31-2tu P17 UNFINISHED BUSINESS ~ ~ ~ ~. ~ ~~ ~ ~~ ~ f_ . PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 01-20-09 ITEM NUMBER: 12 By-Law Change ACTION: Yes INFORMATION: SUBJECT/PROPOSAL/REQUEST: Layover for By-Law Change CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Mr. Sleeper ATTACHMENTS: Yes BACKGROUND: At the January 5, 2009 meeting of the Pittsylvania County Board of Supervisors, prior to the Board approving its by-laws and setting dates for its annual Board meetings during the year, a proposal was made to change the by-laws to limit the terms of the Chairman of the Board to one, one-year term in every four years. In addition, due to changes under the Virginia State Code under Notification of Meeting, we have drawn a line through and omitted the five day notice that has been omitted by the State Code. DISCUSSION: Because there are two changes recommended to the by-laws, they have been forwarded to the Board of Supervisors that may require two separate motions because they are entirely different material items. The first is under Section 1.2 under Article I; Modifying Section 1.2 to reference the Chairman shall be limited to one, one-year term in a four year term of office. The second is item under Section 2.9; in order to be consistent with the laws of the Commonwealth, as referenced in the first part of the paragraph, the reference for five day notice needs to be removed since it has been removed from the State Code. RECOMMENDATION: Staff submits this to the Board of Supervisors for their review and consideration. P18 ~,fM~~.1~~"~:f~ TITLE: BY-LAWS AND RULES OF ORDER OF THE BOARD OF SUPERVISORS, PITTSYLVANIA COUNTY, VIItGINIA (B.S.M. 02/02/04) (B.S.M. 04/15/08) PURPOSE: To establish and set forth certain rules to provide for the orderly conduct of County business, to prescribe the manner and procedure by which the Board of Supervisors shall conduct matters of business, and to provide for the efficient handling thereof. GENERAL: The term "Board of Supervisors" shall also be understood to mean "the Board" wherein it appears. Article I. Election, Composition, and Function of the Board 1.1. The Board shall be composed of seven members who shall be elected by the qualified voters of the County; one member shall be elected from each of the several election districts for a concurrent term of four years. 1.2. At the first regular meeting of the Board in January each year, there shall be elected a chairman to serve for a period of one year or until replaced by the Board membership. The chairman shall be limited to one, one year term in four year term of offic~ The County Administrator, serving as temporary Chairman, shall take nominations. Nominations require a second, and the vote will be taken in the order the nominations are made. A majority vote is required; a majority shall mean four (4) votes. It shall be the Chairman's duty to preside at all Board meetings, to maintain the orderly conduct thereof, and rule on all matters of parliamentary procedure. He shall sign all voucher warrants of the County; and when the Board is not in session, he shall provide policy guidance to the County Administrator and the County Attorney. The Chairman shall continue to be a voting member of the Board. 1.3. The Board shall also elect a Vice-Chairman to serve a concurrent term with the Chairman. In absence or incapacity of the Chairman, the Vice-Chairman shall assume all the duties and functions of the Chairman. 1.4. The Board shall have both administrative and legislative responsibilities, some of which shall be discharged in their role as governing body and some of which they derive as an administrative political subdivision of the Commonwealth. The P19 powers and duties of the Board shall include, but not be limited to, the following: preparation and adoption of the County Budget, levying of taa~es, appropriating funds, constructing and maintaining County buildings, making and enforcing ordinances, providing for the general health safety and welfare of the public, and generally exercising all other powers and functions normally attributed to government and permitted by the Laws of the Commonwealth. Article II. Meetings 2.1. The Board shall meet regularly on the first Monday and the third Tuesday of each month at 7:00 p.m. in the County Courthouse for the purpose of discharging their administrative and legislative responsibilities. All meetings of Board of Supervisors Committees shall be held at the County Government Complex in Chatham, Virginia. 2.2. All such meeting shall be open to the public and shall be conducted in an orderly fashion with "Roberts Rules of Order" modified by State Law, being used as the parliamentary procedure. 2.3. The Sheriff of the County or his designee shall act as "Sergeant of Arms" at all meetings of the board and shall, when so directed by the Chairman, expel any person or persons from such meetings. 2.4. For the purpose of address and order, the Board and its staff shall sit behind the "public rail" in the Courtroom and all other persons shall sit in front of the "public rail". 2.5. Agendas shall be prepared by the Board's staff and used at all meetings. All items requested to be placed on the agenda shall be submitted in writing to the County Administrator five (5) working days before the meeting; however, members of the Board of Supervisors may make aral requests. Any items received after that time shall appear on the next regular meeting agenda unless all members of the Board are present and by a unanimous vote to place such items upon the agenda. 2.6. The order of business at all regular meetings of the Board shall be as follows: No additional items of business shall be considered after the agenda is approved. A. Call to Order B. Roll Call C. Invocation P20 D. Pledge of Allegiance E. Approval of Agenda F. Hearing of Citizens G. Unfinished Business H. Consent Agenda I. Public Hearing (if any) J. New Business K. Appointments L. Report of Committees and Officers M. Adjournment 2.7. Closed Meetings of the Board shall be requested in the same manner as prescribed in Section 2.5 or by a motion to suspend the rules carried by a majority of the Board; provided all Board members are present. 2.8. Public hearings shall be conducted as follows and any person wishing to address the Board shall do so in this manner: Each person addressing the Board shall step up, give his/her name and address in an audible tone of voice for the records, and unless further time is granted by the Chairman, shall limit his/her address to 10 minutes. No person shall be permitted to address the Board more than two times on the same subject in any one meeting. All remarks shall be addressed to the Board as a body and not to any individual member thereof. No person, other than the Board and the person having the floor, shall be permitted to enter into any discussion, either directly or indirectly or through a member of the Board, without first being recognized by the Chairman. No question shall be asked a Board member except through the Chairman. 2.9. The Board may from time to time hold special, adjourned, and informational meetings in accordance with the Laws of the Commonwealth. T'~°~° °'~~,~ ~° , ~g 2.10 Each oral motion or resolution shall be taken down by the Clerk, or Chairman and read to the whole Board by the Clerk or the Chairman before any vote is taken. P21 Article III. County Administrator 3.1. The Board may appoint a County Administrator who shall serve at the pleasure of the Board. Once appointed, the County Administrator shall be the Chief Administrative Officer of the County and shall perform his/her duties in accordance with the laws of the commonwealth and the policies of the County as established by the Board in regular or special session for that purpose. When the Board is not in session, the County Administrator shall receive guidance concerning policy from the Chairman, and in his absence, the Vice-Chairman. 3.2. The County Administrator shall be in complete charge of personnel of the County and shall, in accordance with established policy, hire and fire. Any action of the County Administrator concerning dismissal of personnel is subject to review by the Board and can be reversed by two-thirds vote of the Board. Such review shall be limited to charges of discrimination and failure to follow personnel policies on the part of the Administrator in the conduct of dismissal. 3.3 The County Administrator shall serve as the purchasing agent for the County as defined by Chapter 26- Section 2 of the Pittsylvania County Code. 3.4. He shall have charge of the administration of the financial affairs of the County and to that end shall have authority and be required to: (a) Cooperate with the Board of Supervisors in compiling estimates for the current expense and capital budgets. (b) Supervise and control all encumbrances, expenditures, and disbursements to insure that budget appropriations are not exceeded; and keep the Board of Supervisors advised as to the financial needs of the County. (c) Require at such intervals as he may deem expedient or as instructed by the Board of Supervisors, report of receipts from each of the departments, boards, commissions, agencies, and he may prescribe the times at and the manner in which money is received by them shall be paid to the County Treasurer of deposited subject to modifications as prescribed and set forth in the general laws of the Commonwealth of Virginia. (d) Examine all contracts, purchase orders, and other documents, which create financial obligations against the County, and approve the same only upon ascertaining that money has been appropriated and allotted therefore, subject, however, to the provision that the Board of Supervisors may in its discretion and judgment, amend, modify, and alter this requirement to meet a specific P22 need or requirement of a particular piece of legislation approved by the Board of Supervisors. Article IV. County Attorney/Legal Counsel 4.1. The Board may appoint a County Attorney in accordance with the laws of the Commonwealth. The County Attorney shall serve as legal advisor to the Board and the County Administrator. He/she shall, when so directed by the Board, draft ordinances in accordance with State Law. 4.2. The County Attorney shall perform his/her duties in accordance with the Laws of the Commonwealth and County Policy as established by the Board in session. When the Board is not in session, he/she shall receive guidance concerning policy from the Chairman or, in his absence the Vice-Chairman. 4.3 The Board of Supervisors may contract for legal counsel to provide legal advice and guidance. Contracted counsel shall work for the Board of Supervisors and provide day-to-day advice and guidance to County Administration staff as contracted. Article V. Standing Committees 5.1. The Standing Committees of the Board shall be as follows: (a) Finance: To aid and advise in the preparation on the County Budget and make recommendations concerning Fiscal Policy. (b) Personnel: To review policies and practices and make recommendations regarding the same. (c) Property: To view buildings and grounds and make recommendations regarding the same. 5.2. Membership to the above committees shall be appointed by the Board Chairman from the membership of the Board and may include citizen membership. Any P23 appointment so made shall be for a specific term of offce as determined by the Chairman. 5.3. The Board may, from time to time, direct that the Chairman appoint committees for a specific purpose with a limited duration. Article VI. Certain Ordinances and Resolutions to Lie Over 6.1. No ordinance or resolution imposing ta~ces or appropriating money from general fund balances, not included in the adopted budget, in excess of $5,000 shall be passed until after ten (10) days from the introduction thereof. This shall not restrict the appropriation of State, Federal, or other funds not in the cunent General Fund balances Article VII. Recordation of Ordinances and Resotutions 7.1. Every ordinance upon its final passage shall be recorded in a book kept for that purpose, and shall be authenticated by the signature of the presiding officer and the County Administrator. 7.2. Every resolution shall be authenticated and recorded in the same manner as in 7.1 above. 7.3 Every motion appropriating funds or adopting an ordinance shall be by roll call vote. Article VIII. Amendments and Adoptions 8.1. Amendments to these By-Laws and procedures may be made at any meeting of the board by a majority vote of the Board present, after a notice of intent to amend has been given to each Board member not less than ten (10) days prior to such meeting. P24 8.2. Adoption of the By-Laws and procedures shall be by simple majority vote of the Board and shall be in force and effect on the day after their passage. Re-Adopted this 7~` day of January, 2008 by a recorded vote of: Aves Navs Marshall A. Ecker Henry A. Davis, 7r. William H. Pritchett James H. Snead. Tim R. Barber Fred M. Ingram Coy E. Harville Amended bv the Board of Supervisors Februarv 2, 2004. Amended bv the Board of Suaervisors Aaril 15, 2008. P25 NEW BUSINE S S ~ ~. ~ ~~ ~~~~ ~~y,~' ~ .~_` r ~ _ ~,. ,.~-".~ ~ ~~_ i~`:~. f4 3 ~ '~L~ .~,~~`~~~' ~~~.~~'`~^~.`,~ ~~ ~ Mrr,(F.r.~i ('``L;t+,,,T~ w~r ' ~" ~ t ~ ~ - ~#~ .+~ f~ ~ ~ ~ ! ~~ ~ ~ ~ ,~, '~. ~-----~ ~''~ . f.,~ ~; •,~ j-'' . ~ ~~~ t ~~ ~ ~ ~ 3. ~,~drn ~ :~ ~~ t ~~ ! ~ ~` _ i PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: O 1-20-09 ITEM NUMBER: 13 Teresa Easley - Treasurer ACTION: INFORMATION: SUBJECT/PROPOSAL/REQUEST: Teresa Easley, Treasuer of Pittsylvania County CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Mr. Sleeper; Teresa Easley ATTACHMENTS: No BACKGROUND: DISCUSSION: Teresa Easley, Treasurer for Pittsylvania County, has asked to discuss with the Board the following items; (a) 3 Year pog Tags, (b) Resolution for a$30 Administration Fee on properties of Treasurer Sales, and (c) Ordinance to stop mortgage companies from removing mobile homes and double-wide homes after the Treasurer's office has already scheduled the property for sale. RECOMMENDATION: Staff submits this for the Board's review and consideration. P26 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: O1-20-09 ITEM NUMBER: 14 Gerald Todt - Director of Social Services SUBJECT/PROPOSAL/REQUEST: ACTION: INFORMATION: Gerald Todt, Director of Social Services STAFF CONTACT(S): Mr. Sleeper CONSENT AGENDA: ACTION: ATTACHMENTS: No INFORMATION: BACKGROUND: DISCUSSION: Gerald Todt, Director of Social Services, will be retiring as of January 31, 2009. Mr. Todt has asked to speak to the Board to introduce the new Director, Sherry Flanagan, and to also discuss budget cuts. RECOMMENDATION: Staff submits this for the Board's review and consideration. P27 ~ PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMAR`Y AGENDA TITLE: AGENDA DATE: 01-20-09 ITEM NUMBER: 15 Performance Agreement - Donnachaidh, LLC ACTION: Yes INFORMATION: SUBJECT/PROPOSAL/REQUEST: Performance Agreement for Tobacco Indemnification Commission CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Mr. Sleeper ATTACHMENTS: Yes BACKGROUND: Attached hereto, you will Performance Agreements necessary for the County to approve dealing with Donnachaidh, LLC, which is a corporation working on a project in the Cyber Park with the Regional Authority. This project is a two stage bio-tech related project involving planning and cultivation of trees and bio-mass materials and the future construction of the 66,000 square foot Class A office building. DISCUSSION: The Board had discussed this project earlier as project Eagles Nest in 2006 and 2007. In 2008, the Regional Authority began working with the industry on funding and transfer of property in the Cyber Park. RECOMMENDATION: Staff recommends that any action relating to this performance agreement follow the closed session. P28 Tiie Honorable Charles R. Hawkins Chairman The Honorabie Terry G. Kilgore Vice Chairman Neal E. Noyes Executive Director ~~~~~~~ 4-225-2027 Phone D EC 1 7 2008 >>-ao~-i os6 Toll Free ~4-786-3210 ~~. Fax Virginia Tobacco Idemnification and Community Revitalization Commission 701 E. Franklin Street, Suite 501 • Richmond, Virginia 23219 December 16, 2008 Mr. William D. Sleeper County Administrator Pittsylvania County P.O. Box 426 Chatham, Virginia 2453 ~ Re: Tobacco Regional Opportunity Fund Performance Agreement between the Virginia Tobacco Indemnification and Community Revitalization Commission, the County of Pittsylvania, and Donnachaidh Associates, LLC (the "TROF Performance Agreement") Dear Mr. Sleeper, Enclosed you will find a copy of the Performance Agreement with Donnachaidh Associates, LLC for your records. (The signed original has been sent to Mr. R Lee Yancey of Clement & Wheatley.) Please be reminded that in order to receive the funds, you must send a written request along with a completed W-9. If you have any questions, please don't hesitate to let me know. Sincerely, ~~I(~ ~-P3 ~~~ Michelle Brady Executive Assistant Enclosure www.tiC.~P29,inia.gov TOBACCO REGION OPPORTUNITY FUND PERFORMANCE AGREEMENT This Performance Agreement (the "Agreement") is made and entered this 13th day of November, 2008, by and between the Virginia Tobacco Indemnification and Community Revitalization Commission (the "Commission"), a political subdivision of the Commonwealth, the County of Pittsylvania, Virginia (the "Grantee"), a political subdivision of the Commonwealth, and DONNACHAIDH ASSOCIATES, LLC (the "Company"), a Virginia limited liability company whose Federal Employer ldentification Number is 20-2887228. WITNESSETH: WHEREAS the Grantee has been selected to receive a grant in the amount of $105,000.00 (the "Grant") from the Commission for the purpose of inducing the Company to build or expand a facility and employ a significant number of persons in Pittsylvania County (the "Locality"); and WHEREAS the Grantee has indicated its desire to tender the Grant to the Company for its use and benefit, provided that the Company commits to the achievement of certain goals relating to employment and capital investment as described herein; and WHEREAS the Commission, the Grantee and the Company desire to set forth their understanding and agreement as to the use of the Grant, the obligations of the Company, the conditions under which the Grant must be repaid, and the liability of each party hereto in the event of default. NOW, THEREFORE, in consideration of the foregoing, the mutual benefits and promises of the parties to this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby covenant and agree as follows: Section 1. Disbursement of the Grant The Commission shall disburse the Grant to the Grantee within 30 days of the Commission's receipt of (i) this Agreement in fully executed form, and (ii) a written request for disbursement from the Grantee. Unless otherwise agreed in writing, the Grantee shall disburse the Grant to the Company, or for the C~mpany's benefit, within 180 days from the date of this Agreement. If disbursement to the Grantee has not occurred within this 180-day period, the Grant shall be immediately rescinded and the funds returned to the Commission. , NS 9/30/08 P30 Section 2. Use of the Grant The Company shall use the Grant for either (1) site improvements to real estate located in the Locality and improvements to the building located thereon (e.g. utility extensions, road or rail construction, grading, drainage, paving, demolition of outbuildings, removal of unnecessary interior improvements, environmental cleaning and remediation, interior build-out and exterior construction, landscaping, parking lot improvement, painting or any other site improvement required to prepaze a site for occupancy by the Company or any third party in its pursuit of the goals stated herein), or (2) education and training expenses incurred by the Company to prepare its employees for the jobs created in fulfillment of this Agreement. Section 3. Emnloyment Commitment The Company shall employ at least 25 persons in the Locality with a quarterly payroll of at least $156,250.00. Said employment and payroll will be in addition to those already in existence during the calendar quarter ending on 9/30/08, hereinafter called the "Base Period". Persons employed by the Company at other locations within the Commonwealth of Virginia and moved to the Locality shall not be counted toward this commitment. Section 4. Capital Investment Commitment The Company shall make capital investments in the Locality of at least $7,000,000.00 in assets subject to local tax levy (not including the purchase or lease of assets already subject to local tax levy according to the last local assessment made prior to the end of the Base Period), notwithstanding the local taxing authority's election to waive or refund the taxes so levied. Section 5. Determination of Performance 1. The Company shall meet its employment and investment obligations hereunder not later than 36 months after the end of the Base Period. The Company's employment obligation will be deemed to have been fully met when it can document any three consecutive calendar quarters after the Base Period in which (i) the total wages paid by the Company in each quarter exceed the wages paid by the Company in the Base Period by at least the amount promised in Section 3 above, AND (ii) the number of employees who received pay from the Company during each of those three consecutive quarters* exceeds the number of employees who received pay in the Base period by at least the number promised in Section 3 above . The foregoing shall be based upon payroll tax filings made by the Company to the Virginia Employment Commission (now/formerly made on Form VEC FC-20 or facsimile thereo~. If such tax filings include Company employees who aze not located in the Locality, it shall be the duty of the Company to provide additional information sufficient to identify those employees who are located in the Locality. Employees of subsidiary companies, related entities, entities under common ownership or control, or employees of independent contractors hired by the Company shall not be counted as employees of the Company in fulfillment of its promise hereunder UNLESS such entities and their NS 9/30/08 P31 relationship to the Company are disclosed to and approved by the Commission in writing, AND such entities supply the Commission with the same employment documentation as described herein. 2. The Company's investment obligation shall be deemed to have been fully met when the Grantee submits to the Commission a letter from the Commissioner of Revenue for the locality in which the Company operates stating that the value of property (real and personal) owned or leased by the Company and subject to local tax levy exceeds the value that is subject to local tax levy as of the last assessment made prior to the end of the Base Period by at least the amount promised in Section 4 above. Specifically excluded from this calculation are values arising from the Company's purchase of any assets already subject to local taxation. * the number of persons who received pay in any given quarter is calculated by adding together the number of persons who received pay in each month of the quarter and dividing that sum by three. Section 6. Renayment Obligation In the event that the Company does not meet its obligations hereunder within 36 months after the end of the Base Period, it shall repay to the Grantee the unearned portion of the Grant, which is calculated as follows: a. A minimum investrnent of $1.0 million is required before any portion of the Grant is earned by the Company. b. For purposes of repayment, fifty percent (50%) of the Grant is allocated for the Company's capital investment commitment and fifty percent (50%) for its employment commitment. c. After exceeding the minimum investment requirement, the fraction of the Grant allocated to employment that is earned by the Company is determined by dividing the number of employees receiving pay during the three consecutive quarters* with the highest employee count by the number of jobs promised in Section 3. d. After exceeding the minimum investment requirement, the fraction of the Grant allocated to capital investment that is earned by the Company is determined by dividing the greatest value of Company-owned assets of record with the Commissioner of Revenue during the 36 months following the end of the Base Period by the capital investment promised in Section 4. e. All unearned portions of the Grant shall be repaid by the Company to the Grantee not later than thirty days after the date on which the Company is notified of the unearned amount. Any refund owed by the Company to the Grantee hereunder shall immediately constitute an obligation of the Grantee to repay the Commission and such Grantee obligation shall not be contingent upon successful collection of any amount from the Company. The Grantee shall be liable for repayment to the Commission of that portion of the Grant determined by the Commission to be NS 9/30/08 P32 due under the terms of this Section and hereby agrees to make such repayment without regard to whether Grantee has received repayment from the Company. Section 7. Events of Default If any of the following should occur within the 36-month period after the end of the Base Period, a refund of the entire grant is due immediately: a. the Company applies for or consents to the appointment of a receiver, trustee or liquidator of all or a substantial part of its assets, files a voluntary petition of bankruptcy, makes a general assignment for the benefit of creditors, files a petition or an answer seeking reorganization or arrangement with creditors, or if an order, judgment or decree shall be entered by any court of competent jurisdiction, on the application of a creditor, adjudicating the Company as bankrupt or insolvent or approving a petition seeking reorganization of the Company or appointing a receiver, trustee or liquidator of the Company or of all or a substantial part of its assets which remains undismissed, undischarged or unstayed for a period of forty-five (45) days. b. the number of employees in any calendar quarter is less than 75% of the number of employees at the end of the Base Period. Section 7. Verification of Performance The Company shall provide, at the Company's expense, detailed verification satisfactory to the Commission and the Grantee, of the Company's progress toward meeting the capital investment and employment goals stated herein. Such verification includes, but is not limited to, Company's payroll tax filings, property tax filings, and internal documents in support thereof. Such progress reports will be provided at such time(s) as the Commission or the Grantee may require. Section 8. Acknowledgment and Notice The Company and the Grantee each acknowledge and agree to its respective repayment obligation in accordance with Section 6 of this Agreement. Any notices required or permitted under this agreement shall be given in writing, and shall be deemed to be received upon receipt or refusal after mailing of the same in the United States Mail by certified mail, postage fully pre- paid or by overnight courier (refusal shall mean return of certified mail not accepted by the addressee) and addressed as follows: if to the Company, to: NAME DONNACHAIDH ASSOCIATES, LLC NS 9/30/O8 P33 ADDRESS 318 Vicar Road Danville, VA 24540 Attention: Michael J. Duncan if to the Grantee, to: NAME Pittsylvania County Board of Supervisors ADDRESS PO Box 426 Chatham, VA 24531 Attention: County Administrator if to the Commission, to: Executive Director Tobacco Indemnification and Community Revitalization Commission 701 East Franklin Street, Suite 501 Richmond, Virginia 23219 This Agreement constitutes the entire agreement between the parties hereto as to the subject matter contained herein and may not be amended or modified, except in writing, signed by each of the parties hereto. This agreement is made, and intended to be performed, in the Commonwealth and shall be construed and enforced by the laws of that state. Jurisdiction and venue for any litigation arising out of or involving this agreement shall lie in the Circuit Court of the City of Richmond, and such litigation shall be brought only in such court. This agreement may be executed in one or more counterparts, each of which shall be an original, and all of which together shall be one and the same instrument. This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of this Agreement is determined to be unenforceable, then the remaining provisions of this Agreement shall, in the sole discretion of the Commission, be voidable by the Commission or interpreted as in effect as if such unenforceable provisions were not included therein. The provisions of this Agreement aze intended to and shall survive closing, the delivery of any deed or other instrument, and any other event. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to become effective as of the date first written above. NS 9/30/O8 P34 TOBACCO iNDEMNIFICATION AND COMMUNITY REVITALIZATION COMMISSION ~ By: ~,~~ ~ c Executive Dir ctor Date: ~ ~-- ( Co f~ ~ GR.ANTEE - Ootl[~]`PY oF PITTSYLVANIA, VIl~GINIA By: . %~~ Title: _L~~a'~~-YZ~-~ 'c=~ ~`~, va;sors Date: lp~-/~--~ ~ COMP Y- Dotv~ cxAmH Assoc~,~s, r,r,c By. / ~--_ Title: Manager Date: l d ~ .~~ ~~ ~D4~~1 NS 9/30/OS P35 PERFORMANCE AGREEMENT This PERFORMANCE AGREEMENT (this "Agreement"} is made and entered into this 17th day of October, 2008, by and among DANVILLE-PITTSYLVANIA REGIONAL INDUSTRIAL FACILITY AUTHORITY, a political subdivision of the Commonwealth of Virginia ("RIFA"); and DONNACHAIDH ASSOCIATES, LLC, a Virginia limited liability company (the "Company"}; and MICHAEL J. DUNCAN and GARY K. FELTON ("Guarantors"); and THE CITY OF DANVILLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "City"); and THE COUNTY OF PITTSYLVA1vIA, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "County"). WITNESSETH: WHEREAS, RIFA, in order to stimulate economic growth and development of the community by creating jobs and new infrastructure has agreed to provide incentives to new and expanding businesses which conduct industrial activity; and WHEREAS, the Company has agreed to locate its building (the "Building") within the Cyber Park located in the City of Danville, Virginia (the "Cyber Pazk"}; and WHEREAS, the Company has agreed to create Twenty-five (25) new jobs in the Building within the next thirty-six (36) months and has agreed to maintain such employment levels for the next seventy-two {72} months from the date of this Agreement; and WHEREAS, RIFA has agreed to an incentive program to induce the Company to locate its Building in the Cyber Park, whereby RIFA will convey 5.092 acres of land, more or less, within the Cyber Park to the Company (the "Land "), such grant of incentives by RIFA shall be for the express purpose of inducing the Company to locate its Building in the Cyber Park, and to create employment opportunities for residents of Danville and Pittsylvania County; and WHEREAS, RIFA is willing to provide such incentive to the Company provided that the Company meets certain criteria relating to employrnent projections and capital investment as descnbed herein; and WHEREAS, the Company and/or Guarantors shall be responsible for repayment of all or a portion of any funds or assets granted by RIFA if such performance criteria are not met and satisfied, as further described herein; and WHEREAS, RTFA finds that the provisions of this Agreement, and the commitments of the Company herein, will promote the expansion of industry by inducing industrial devefopment within the Cyber Pazk, and that such development will promote the safety, health, welfaze, convenience, and prosperity of the citizens of Danville and Pittsylvania County. N~W, THEREFORE, RIFA and the Company agree as follows: Capital Expenditures. The Company agrees, within thirty-six (36) months from the date of this Agreement to make capital investments within the Cyber Park having a value of at least Seven Million Dollars ($7,000,000), including any money expended on improvements to the Land, and to construct the Building on the Land and to install and maintain such equipment in the Building until at least seventy-two (72) months from the date of this Agreement {collectively, "Capital Expenditures"). For greater certainty all P36 ~ costs incurred by the Company to design, construct, equip and commission the new life sciences project headquarters to be built on the Land may be included in the calculation of the value of such capital investment. 2. Job Requirements. The Company agrees to hire the total of Twenty-five {25) new full time jobs in the Building by the date which is thirty-six (36) months after the date of this Agreement. For purposes of this Agreement, full time jobs shall mean jobs which would ordinarily be scheduled to work a minimum of thirty-five (35) hours per week on a year- round basis, normal vacation and holiday excepted. In order for such a full time job to be counted toward the jobs requirement set forth in this Section, such job must have a minimum salary or wage to the employee of Twelve Dollars ($12) per hour. The Company further agrees to maintain such employment levels for a period ending seventy- two (72) months after the date of this Agreement. The aforesaid job requirements and the capita! expenditures set forth in paragraph (2) above may be, in whole or in part, provided by a tenant or licensee of the Company, which tenant or licensee is located on all or a portion of the property included in the Land. 3. Va1ue of Grant. RIFA has developed an incentive package, which includes the Land, which has a value, for calculation of the incentive package, of $430,000.00 (the "Incentive Package"). The Incentive Package shall be provided to the Company at such time as the grading of the Land has concluded, but in no event, later than six (6) months from the date of this Agreement. Such Incentive Package is for the express purpose of inducing the Company to locate its Buiiding in the Cyber Park and to employ a significant number of persons in such Building. It is expressly understood that if alI of the grant terms of these incentives are satisfied in accordance with this Agreement, then the Incentive Package shall be irrevocably deemed non-refundable. It is understood and agreed that if Company sells the Building located on the Land or the business operated &om such Building, Company may assign its rights under this Agreement and the Incentive Package to such purchaser, in the event that Company has given RIFA written notice at least twenty (20} days in advance of such sale. 4. Grant Renavment if Terms are not Satisfied. The following shall apply if Company does not meet or breaches its obligations as herein described: a. The Incentive Package will not beaz interest except as provided in section b below. If within thirty-six (36) months from the date of this Agreement, (1} the Company has met ninety percent (90%) of the Seven Million Dollar ($7,000,000) initial capital investment required by this Agreement, and provides an affidavit to RIFA in a form reasonably acceptabie to RIFA's counsel, certifying that the Company has made and retained within the Cyber Pazk at least ninety percent (90%) of Seven Million Dollars ($7,000,000) in new capital investment since the date of this Agreement and shall maintain the equipment included in the costs of that investment or replacements for that equipment in the Building until at least seventy-two (72) months from the date of installation, and (2) the Company has met ninety percent (90%) of the employment level required in Section 3 above within thirty-six (36) months from the date of this Agreement, and provides an affidavit to RIFA in a form reasonably acceptable to RIFA's counsel, certifying that the Company has made and retained within the Cyber Park at least ninety percent (90%) of the employment level required in Section 3 above since the date of this Agreement and shall maintain such employment level until at least P37 seventy-two (72) months from the date of this Agreement, then all Incentive Package elements shall be irrevocably deemed non-refundable. b. If ninety percent {90%} of the Seven Million Dollar ($7,000,000) initial capital investment levels have not been satisfied within the thirty-six (36) month threshold or if such investments are not maintained for at least seventy-twa (72) months from the date of installarion, or the Company fails to meet ninety percent (90%) of the new jobs requirement of 25 new jobs or fails to maintain such new ~obs for a period of at least seventy-two (72) months after the date of this Agreement, then a portion of the Incentive Package that is proportional to the shortfall shall be repaid to RIFA, by either, at the sole option of RIFA, in whole or in part, (1) a re-conveyance to RIFA of all or a portion of the Land, free and clear of all liens or encumbrances, which re-conveyed property shall have an assessed value for real estate taxes in the City af Danville, Virgmia, of at least equal to the amount to be repaid to RIFA by such re-conveyed property, as required under this Agreement, or (2) in five (5) annual installments, of principal and accrued interest w~th interest payable at a rate of five percent (5%) per year on the unpaid balance. For the purposes of calculating the amount of the Incentive Package to be repaid hy the Company to RIFA, in accordance with this Agreement, the Incentive Package sha11 bear interest at the rate of five percent (5%) per year beginning with the date of this Agreement. The parties agree that, for the purposes of any pro-rata refund of the Incentive Package as of the date of this Agreement, the total value of capital investment shall constitute $250,000.00 of the Incentive Package and the total new jobs requirement set forth in this Agreement shall constitute $180,000.00 of the Incentive Package. In the event RIFA elects, in whole or in part, to receive a re-conveyance of the Land, the parties to this Agreement shall endeavor to agree upon which portion of the Land will be re-conveyed to RIFA, but in the absence of such an agreement between the parties within thirty {30) days after RIFA gives notice to the Company of its desire ta receive a re- conveyance, RIFA shall determine, in accordance with this Agreement, which portions of the Land will be re-conveyed to RIFA. The parties agree that the option of RTFA to require a re-conveyance of the Land shall be void and shall not be exercisable if, in the course of implementing its business plan, the Company has, in good faith, invested more than Two Hundred Thousand Dollars ($200,000) in the improvement of the Land. The parties further understand and agree that if the Company fails to begin construction of the Building (which shall be 60,OOQ square feet or larger) on the Land, on or before the date which is eighteen (18) months after the date of the deed conveying the Land to the Company, the Company shall forfeit any and all rights or any and all ownership iaterests in the Land by way of automatic reversion of title of the Land to RIFA, free and clear of ail liens and encumbrances created after the conveyance of the Land by RIFA to the Company. The parties understand and agree that, at the time of such reversion or re-conveyance, the Company shall be given credit for such portion of the Incentive Package equal to the assessed value of the Land. (i). Should the Company fail to meet at least ninety percent (90%} of its capital investment commitment of at least Seven Million Dollars ($7,000,000) in new capital investment within thirty-six (36} months of the date of this Agreement or ninety percent (90%) of the new jobs requirement, as set forth Section 3 of this Agreement within thirty-six (36) months of the date of this Agreement, the Company shall have a sixty (60) P38 ' day cure period beginning immediately upon the expiration of such thiriy- six (36) month period to rneet its capital investment commitment andlor new jobs requirement. (ii). If, at the end of such sixty (b0) day cure period, the Company has failed to meet at least ninety percent (90%) of its capital investment commitment or its new jobs requirement, RIFA, in its sole discretian, may require the Company andlor Guarantors to repay to RIFA in accordance with (b) above. c. For example purposes only; if at the end of the thirty-six (36) month period the capital investment is only fifty percent (50%) or Three Million Five Hundred Dollars ($3,500,000) and only sixty percent (60%} of the job creation gaal has been met (only 15 new jobs have been created}, the Company and/or Guarantors shall repay RIFA in the manner determined by RIFA, in its sole option, as set forth, with fifty percent (50%) of the monies allocated to capital investment ($125,040.00), and forty percent (40%) of the monies allocated to employment ($~Z,ooo.ao~. 5. Adjustments. Any amounts of the Incentive Package reimbursed by the Company to RIF'A which is due to the Company's failure to meet either the employee commitment, the capital investment commitment or both at the thirty-six (36) month threshold shall be deducted from the calculation of any future amounts owed by the Company should there be a failure to meet or maintain the employee commitment, the capital investment commitment or both at the seventy-second (72nd) month threshold. 6. Jobs Report: The Company also agrees to provide affidavits to RIFA, in form reasonably satisfactory to RIFA's counsel, by the date which is the first anniversary of the date first above written, ar~d every six (6) months thereafter, certifying to RIFA, the number of full time jobs and wage levels, which have been created and maintained on the Land, in accordance with this Agreement, since the date of this Agreement. Failure to deliver such ~davits by the mentioned milestones shall not constitute default under this Agreement unless a wntten request for a particuiar affidavit has been delivered by RIFA to the Company and the Company fails to deliver a responsive ~davit to RIFA within thirty (34} days of receipt by the Company of such written request. ~. Canital Expenditures Report: The Company also agrees to provide affidavits to RIFA, in form reasonably satisfaetory to RIFA's counsel, by the date whieh is thiriy-six (36} months after the date of this Agreement, and again by the end of seventy-two {72) months from the date of this Agreement, certifying to RIFA what the Company, or its licensees or tenants, has invested in Capital Expenditures within thirty-six (36) manths from the date of this Agreement and certifying that the Company, or its licensees or tenants, fully intends to maintain such improvements to the Land and such equipment in the Building, in accordance with this Agreement. Failure to deliver such ~davits by the mentioned milestones shail not constitute default under this Agreement unless a written request for a particular ~davit has been delivered by RIFA to the Company and the Company fails to deliver a responsive affidavit to RIFA within thiriy (30) days of receipt by the Company of such written request. 8. Audit Requirement. The Company agrees to allow RIFA reasonable access to all records pertaining to the Company's investment at the Cyber Pazk and its fulfillment of the new P39 I jobs requirement, and to cooperate with RIFA in any audit of such records by furnishing all information necessary to verify the Company's performance under this Agreement. In return, RIFA agrees to maintain the confidentiality of any and al! sensitive information, including but not limited to personal payroll earnings or similar information that RIFA may receive or access. 9. Dis utes. In the event of a dispute between any of the parties concerning the terms of this Agreement the following shall apply: a. The parties hereto shall exercise their best efforts to settle any claim, controversy, or dispute concerning questions of fact or law arising out of or relating to this Agreement (hereinafter collectively called "Disputes") or to performance of either party hereunder, or to the threatened, alleged or actual breach thereof by either part3'• b. If the parties are unable to resolve the Dispute within five (5) calendar days from the date that either party is informed in a writing from the other party that a Dispute exists, the Dispute shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the azbitrators may be entered in any court having jurisdiction thereof. c. Either party may initiate an arbitration proceeding by the filing of a demand for arbitration with the American Arbitration Association. A panel of three (3) arbitrators shall be selected to heaz and resolve the controversy, with one (I) arbitrator selected by each party and ttie third arbitrator seiected by the parties following the procedures set forth in the then current Commercial Arbitration Rules of the American Arbitration Association; provided, however, that if either party fails to select an arbitrator within ten (10) days after the azbitration is initiated, the American Arbitration Association shall select an arbitrator on behalf of such party. Any arbitrator appointed by a party to this Agreement shall not be an officer or employee of, consultant for, or otherwise associated with the party appointing him. d. Unless an oral hearing is waived in writing by both parties, the arbitrators shall hold a heazing on the Dispute to be arbitrated. Such hearings shall be held in the Commonwealth of Virginia, at such time and place as the azbitrators shall determine. T'he arbitrators shall have the authority to require the presence as a witness at the arbitration proceedings of any current officer vr employee of either pariy. Except as otherwise provided for in this Section, the arbitrators sha11 provide opportunity to each party to be present, to be fully heazd, by counsel or otherwise, and to cross-examine. e. The parties expressly agree that any arbitration hereunder may proceed in the absence of any party who, after due notice, fails to be represented at such azbitration or to obtain an adjournment thereof, and that, in such event, an awazd may be made based solely upon the evidence submitted by the party who is present. The authority of the arbitrators shall be to make a decision with respect to the Dispute in accordance with the provisions of this Agreement under the applicable Pao ~ law identified in Section 11 "Governing Law" of this Agreement. The arbitrators shall not have the power to add to or modify any of the provisions of this Agreement; provided, however that this provision shall not prevent, in any appropriate case, the interpretation and construction by the arbitrators of the applicable provisions of this Agreement to the extent necessary to apply such provisions to the Dispute. The arbitrators may issue a decree of specific performance, an injunction, or award compensatory monetary damages. The azbitrators shall not be empowered to issue an award for punitive damages. Each party shall be responsible for paying a!1 costs and expenses of the arbitrator selected by it and its own attorneys' fees and expert witnesses' fees. The parties shall shaze all other costs and expenses of the arbitration proceedings, including the fees and expenses of the non-pariy -appointed arbitrator and the cost af transcripts, equally hereto. g. All decisions of the arbitrators shall be in writing, shall set forth detailed findings of fact and conclusions af law, and shall be issued to the parties within ten (10) calendar days (or such longer period as in the opinion af a majority of the arbitrators may be necessary) after any hearings have been completed and any time allowed for the filing of briefs has elapsed. A signed copy of such decision shall be delivered to each party. 10. Provision of Funds. The City and the County join in this Agreement to evidence their acknowledgment and agreement that the City will provide RIFA with fifty percent (50%) of the cash incentive (or $90,000.00), and the County will provide RIFA with fifly percent (50%} of the cash incentive (or $90,Q00.00}. 11. Governin~, This Agreement is made, and intended to be performed, in the Cotnmonwealth of Virginia and shall be construed and enforced by the laws of that Commonwealth. Jurisdiction and venue for any litigation arising out of or involving this Agreement including but not limited to the enforcement of an Arbitration Award pursuant to Section 9 above, shall exclusively lie in the Circuit Court of Danville, Virginia, and such litigation shall be brought only in such court. 12. Notice. Any notice required or contemplated to be given to any of the parties by any other party shall be in writing and shall be given by hand delivery, telecopier, certified or registered United States mail, or a private courier service which provides evidence of receipt as part of its service, as follows: DANVILLE-PITTSYLVANIA REGIONAL INDUSTRIAL FACILITY AUTHORITY Attn.: Finance Director City of Danville 427 Patton Street Danville, VA 24541 Telecopier No. 434-799-5041 P41 I DUNNACHAIDH ASSOCIATES, LLC Attn.: Michael J. Duncan, Manager c/o 650 River Pazk Drive Danville, VA 24541 Telecopier No. 434- ~~ - ~t~t~i MICHAEL J. DUNCAN 318 Vicar Road Danville, VA 24540 Telecopier No. 434- g~+ - D~'7 GARY K, FELTON 6624 Carlinda Avenue Columbia, MD 21046 Telecopier No.41~ - $a~ - 5335 THE CITY OF DANVILLE, VIRGINIA Attn.: City Attorney 421 Municipal Building Danville, VA 24541 Telecopier No. 434-797-8972 THE COUNTY OF PITTSYLVANIA, VIRGII~TIA Attn.: County Administrator 21 North Main Street Chatham, VA 24531 Telecopier No. 434-432-7714 Any party may change the address or telecopier number to which notices hereunder are to be sent to it by giving written notice of such change in the manner provided herein. A notice given hereunder shall be deemed given on the date of hand delivery, transmission by telecopier, deposit with the United States Postal Service properly addressed and postage prepaid, or delivery to a courier service properly addressed with ali charges prepaid, as appropriate. 12. Entire A r~ment. This Agreement contains the entire agreement and understanding of the parties to this Agreement with respect to the provisions contemplated herein; and this Agreement supersedes all prior understandings and agreements of the parties with respect to the subject matter hereof. 13. Headin~s. The descriptive headings in this Agreement are inserted for convenience only and do not constitute a part of this Agreement. 15. Bindin~ Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, and legal representatives. 1 d. Amendment and Modification. The pazties to this Agreement may amend, modify, and/or supplement this Agreement in such manner as may be agreed upon by the parties, provided such amendments, modifications, and/or supplement are reduced to writing and signed by the parties to this Agreement or their successors in interest. P42 I 17. Execution: This Agreement is signed in duplicate, each of which shall constitute an original. WITNESS the following signatures: DANVILLE-PITTSYLVANIA REGIONAL INDUSTRIAL FACILITY AUTHO By: Title: ~f~- fr~ DONNACHAIDH A5~,QCIATES, LLC By: . n THE CITY OF DANVILLE, VIRGINIA By: t~- ~ ~d Title: THE COUNTY OF PITTSYLVANIA, VIR~INIA By: ~ Title; . ~~rJiSocS P43 I PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: O 1-20-09 ITEM NUMBER: 16 Consent Order - DEQ SUBJECT/PROPOSAL/REQUEST: Pittsylvania County Sanitary Landfill #571 - Consent Order from DEQ ACTION: Yes CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Mr. Sleeper; Otis S. Hawker ATTACHMENTS: Yes WED BY: INFORMATION: BACKGROUND: DISCUSSION: In July 2008, on one of our closed landfill cells, during an inspection of the Department of Environmental Quality (DEQ), an area was discovered that appeared to be wet and possibly be releasing leachate. The County Staff, working with Dewberry of Danville and the DEQ, determined that one of the leachate pumps, very similar to a submergible well pump, that is approximately 80 feet below the trash was not properly working. Using meter equipment such as an amp probe indicated the pump was running when the elevation of leachate would rise in the cell. After pulling out the pump, it was determined the pump was running but the propellers had deteriorated through corrosion and affectively rendered the pump useless. Since that time the County has met with the DEQ on several occasions in Lynchburg, re-installed a new pump with sensory devices that will show not only rampage but flow in the system to assure that the leachate is being extracted and removed from the cell. Due to the possible release of leachate, the DEQ is directing the County to enter into a Consent Agreement and amend its operation plan with the new requirements concerning leachate extraction. The County has already implemented everything required in the Consent Order. RECOMMENDATION: Staff recommends the Board of Supervisors authorize the County Administrator to sign the Consent Order and pay the $1,300 civil charge out of the operating budget. P44 ~ .. , COMMONWEAL TH of VIR GINIA ~. ~ Lr Preston Bryant,lr. DEPARTMENT OF ENVIRONMENTAL QUALITY Secretary of Namral Resources Blue Ridge Regional Office Lynchburg Office www.deq.virginia.gov 7705 Timberlake Road Lynchburg, Virginia 24502 (434)582-5120 Fax(434)582-5125 VIRGINIA WASTE MANAGEMENT BOARD ENFORCEMENT ACTION ORDER BY CONSENT ISSUED TO Pittsylvania County for Pittsylvania County Landfill Permit No. 571 SECTION A: Purnose David K. Paylor , Director Steven A. Dietrich Regional Director Roanoke Office 3019 Peters Creek Road Roanoke, Virginia 24019 (540)562-6700 Fax(540)562-6725 This is a Consent Order issued under the authoriTy of Va. Code §§ 10.1-1185 and 10.1-1455 C and F between the Waste Management Board and Pittsylvania County for the purpose of addressing violations of the Virginia Waste Management Act and the Virginia Solid Waste Management Regulations. SECTION B: Definitions Unless the context clearly indicates otherwise, the following words and terms have the meaning assigned to them below: 1. "BRRO - Lynchburg" means the Blue Ridge Regional Office of DEQ located in Lynchburg, Virginia. 2. "Board" means the Virginia Waste Management Board, a permanent collegial body of the Commonwealth of Virginia as described in Va. Code §§ 10.1-1401 and 10.1-1184. 3. "County" means Pittsylvania County, Virginia. P45 4. "Department" or "DEQ" means the Department of Environmental Quality, an agency of the Commonwealth of Virginia as described in Va. Code § 10.1-1183. "Director" means the Director of the Department of Environmental Quality. 6. "Facility" means the Pittsylvania County Landfill, Permit No.571, which is located in the _ County, and is owned and o~erated by the County. . ~ 7. "Leachate" means a liquid that has passed through or emerged from solid waste and contains soluble, suspended or miscible materials from such waste. Leachate and any material with which it is mixed is solid waste. See 9 VAC 20-80-10. 8. "Order" means this document, also known as a Consent Order. 9. "VAC" means the Virginia Administrative Code. 10. "VSWMR" or "Regulations" means the Virginia Solid Waste Management Regulations 9 VAC 20-80-10 et seq. 11. "Va. Code" means the Code of Virginia (1950), as amended. SECTION C: Findings of Fact and Conclusions of Law On November 21, 1987, Pittsylvania County was granted Permit No. 571 to operate a Sanitary Landfill by the Virginia Department of Waste Management, predecessor-in- interest to the Department. 2. The post-closure care period for the Phase I cell began on August 9, 2007. The Facility's Permit and ~Post-Closure Care Plan as well as the VSWMR require proper management of landfill leachate in accordance with 9 VAC 20-80-250 B 11, C 10 and F, as well as 20- 80-290. On March 21, 2008, Department staff conducted an unannounced compliance inspection of the Facility and identified a seep along the base of Phase I. The seep was observed entering the Facility's stormwater conveyance system, which drains to a sedimentation pond prior to potentially discharging to a wetland area adjacent to the Bannister River. It was not determined at the time of the inspection that the seep was leachate from the Phase I waste cell. 4. The County's enviroiunental consultant sampled the seep in two locations for chemical analysis on March 25 and April 17, 2008. The analysis results indicated that the seep was contaminated with metals and organic constituents, and represented a leachate outbreak from Phase I. 5. The County conducted an investigation to determine the cause of the leachate outbreak, and discovered that the leachate pump impeller had corroded and that the pump was no P46 longer pumping leachate from Phase I. During the course of the investigation, the County estimated that a significant volume of leachate had built up in the base of the cell due to failure of the impeller on the leachate pump. Although Facility personnel conducted periodic checks on the leachate pump, the procedures were not sufficient to detect failures of this nature. 6. The County has replaced the leachate,pump impeller; installed~low meters in order to nlenitor.total volume of leachate pumped, and instituted proced'ures to check the leachate • flow meters on a weekly basis. • 7. 9 VAC 20-80-250 C 10 states, "Solid waste shall not be deposited in, nor shall it be permitted to enter any surface waters or ground waters". Leachate is a solid waste under 9 VAC 20-80-10. 8. On July 23, 2008, BRRO - Lynchburg staff issued Notice of Violation (NOV) number NOV-08-07-SCRO-003 to the County for: failure to properly operate and maintain the facility in accordance with the Permit (9 VAC 20-80-240 B); failure to properly operate and maintain the leachate collection system in accordance with 9 VAC 20-80-290 (9 VAC 20-80-250 F 1 b); and failure to prevent solid waste from entering surface waters (9 VAC 20-80-250 C 10). 9. County representatives and their environmental consultants met with DEQ staff on July 31, 2008 to discuss the noncompliance issues and the corrective action undertaken to address the same. SECTION D: A~reement and Order By virtue of the authority granted it in Va. Code § 10.1-1455(F), the Board orders Pittsylvania County, and the County agrees, to perform the actions described in Appendix A of this Order. In addition, the Board orders Pittsylvania County, and the County voluntarily agrees, to pay a civil chazge of $1,300 within 30 days of the effective date of the Order in settlement of the violations cited in this Order. Payment shall be made by check, certified check, money order or cashier's check payable to the "Treasurer of Virginia", delivered to: Receipts Control Department of Environmental Quality Post Office Box 1104 Richmond, Virginia 23218 The payment shall include County's Federal ID number and shall state that it is being tendered in payment of the civil charges assessed under this Order. P47 ~ SECTION E: Administrative Provisions 1. The Boazd may modify, rewrite, or amend the Order with the consent of Pittsylvania County, for good cause shown by the County, or on its own motion after notice and opportunity to be heard. ' 2. This Order. only~addresses and resolves the matters specifica~ly identified herein. This Order shall not preclude the Board, or the Director, from taking any acti6n•authorized by law, including but not limited to: (1) taking any action authorized by law regarding any additional, subsequent, or subsequently discovered violations; (2) seeking subsequent remediation of the Facility as may be authorized by law; or (3) taking subsequent action to enforce this Order. This Order shall not preclude appropriate enforcement actions by other federal, state, or local regulatory authorities for matters not addressed herein. 3. For purposes of this Order and subsequent actions with respect to this Order, Pittsylvania County admits to the jurisdictional allegations, findings of fact, and conclusion of law contained herein. 4. Pittsylvania County consents to venue in the Circuit Court of the City of Richmond for any civil action taken to enforce the terms of this Order. 5. Pittsylvania County declares it has received fair and due process under the Administrative Process Act, Va. Code § 2.2-4000 et seq., and the Waste Management Act and waives the right to any hearing or other administrative proceeding authorized or required by law or regulation, and to any judicial review of any issue of fact or law contained herein. Nothing herein shall be construed as a waiver of the right to any administrative proceeding for, or to judicial review of, any action taken by the Boazd to enforce this Order. 6. Failure by Pittsylvania County to comply with any of the terms of this Order shall constitute a violation of an order of the Board. Nothing herein shall waive the initiation of appropriate enforcement actions or the issuance of additional orders as appropriate by the Board or the Director as a result of such violations. Nothing herein shall affect appropriate enforcement actions by any other federal, state, or local regulatory authority. 7. If any provision of this Order is found to be unenforceable for any reason, the remainder of the Order shall remain in full force and effect. 8. Upon execution of this Order, Pittsylvania County shall be responsible for failure to comply with any of the terms and conditions herein after the date hereof unless compliance is made impossible by earthquake, flood, other acts of God, war, strike, or such other occurrence. The County shall show that such circumstances were beyond its control and not due to a lack of good faith or diligence on its part. The County shall notify the DEQ Regional Director in writing when circumstances are anticipated to occur, P48 ~ are occurring, or have occurred that may delay compliance or cause noncompliance with any requirement of the Order. Such notice shall set forth: a. the reasons for the delay or noncompliance; b. the projected duration of any such delay or noncompliance; ~ c. the measures taken and to be taken to prevent or minimize such delay or " noncompliance; and d. the timetable by which such measures will be implemented and the date full compliance will be achieved. Failure to so notify the Regional Director within 24 hours of learning of any condition above, which Pittsylvania County intends to assert will result in the impossibility of compliance, shall constitute a waiver of any claim to inability to comply with a requirement of this Order. 9. This Order is binding on the parties hereto, their successors in interest, designees and assigns, jointly and severally. 10. This Order shall become effective upon execution by both the Director, or his designee, and Pittsylvania County. Notwithstanding the foregoing, the County agrees to be bound by any compliance date which precedes the effective date of this Order. 11. This Order shall continue in effect until: Pittsylvania County petitions the Director, or his designee, to terminate the Order after it has completed all requirements of the Order; or the Director or the Board terminates the Order in his or its sole discretion upon 30 days written notice to the County. (The remainder of this page intentionally left blank) P49 By its signature below, Pittsylvania County consents to the issuance of this Order. And it is so ORDER~D this day of , 2009. Steven A. Dietrich, P.E. Regional Director Blue Ridge Regional Office Department of Environmental Qualiiy Pittsylvania County consents to the issuance of this Order. By: William D. Sleeper, County Administrator Date: Commonwealth of Virginia City/County of The foregoing document was signed and acknowledged before me this day of , 2009, by , who is the County Administrator of Pittsylvania County on behalf of the Board of Supervisors. Notary Public My commission expires: P50 APPENDIX A SCHEDULE OF COMPLIANCE For Pittsylvania County Landfill Permit No. 571 1. Pittsylvani~ County shall submit a Minor'Permit Amendment to the Department for review and approval, to include modifications to the Facility's Operation and Mainteriance (O & M) Manual as well as the Closure/Post-Closure Plan within ninety (90) days of the effective date of this Order. 2. The O& M Manual modifications shall address the following azeas of concern: a. Inspections - include operator inspection of leachate monitoring and conveyance equipment as applicable for the Facility. b. Leachate Collection and Disposal - Monitoring shall include visual observation of the leachate sump level, leachate pump controls, leachate storage lagoon, and the recording of leachate flow meter readings. A revised checklist shall be submitted to include the additional observations. c. Records - a copy of the operator inspection log and leachate checklist shall be maintained at the Facility and made available for inspection by DEQ personnel. 3. Pittsylvania County shall respond to any Notices of Deficiency (NOD) issued by the Department regarding the Minor Permit Amendment and in accordance with the terms of the NOD, and shall implement the Permit amendment as required. 4. Upon review and approval of the Minor Permit Amendment by the Department, the Amendment shall become an enforceable part of this Order. Failure to implement and maintain the Facility according to the Permit and the approved Amendments may subject the County to additional enforcement action by the Department. (The remainder of this page intentionally left blank) P51 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: O 1-20-09 ITEM NUMBER: 17 Internet Access Service Cost ACTION: Yes INFORMATION: SUBJECT/PROPOSAL/REQUEST: Internet Access Service Cost for Pittsylvania County CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Mr. Sleeper ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Board of Supervisors questioned a fee paid to the City of Danville on the Bill List in December 2008. That bill was for the County internet service and that it is hosted through the City of Danville in order to provide the broadband access we currently have. DISCUSSION: Attached hereto, is a contract agreement for the 2009-2010 year authorizing that the monthly cost be $1,312.80. Since this contract agreement is questioned by the Board, I am referencing it to the Board for their approval for signature for the County based on budgeted funds. RECOMMENDATION: Staff recommends that the Board of Supervisors authorize the County Administrator or Scott Budd, Director of Information Technology to sign the access service agreement with the City of Danville. P52 W V .~ ~ ~ ~ ~ ~ O V V ~ ~ ~ ~ > ~ ~ ~ ~ a a ~ ~ C L ~ ~ C ~ ~ a~ m ~ ~ 0 ~ N 0 H W z > 0 U E 0 ~ a ~ ~ N ~ a ~ .o C ~~ ~ U r ~ V' O N ~ ~ ~ z U (`9 C O U ~ ~ ~ ~ ~ ~ ~ N m ~, •" ~ M V ~ ~ ~U (n 'tt ~ ~ O(n NMN U • ~ Q ~ ~ mg`g> ~~ > U ~ (D L V j,~0 O L Q~ .~'.. C Z ~ ~ x O~t ~ ~p d U c~ U F- tL 0 n ~ C ~ N ~ ~ ' C -p N ~p) C ~ p~j ('7 f0 r ~ ~ ~ ~ ~ ~ ~ ~ ~ lI) i ~ ~ dj ~ C V M ~ N ~ ~ F- ~ ~ ~ Q ._. ~ ~~ ~ ~ ~ C > C 7 j ~ ~ ~ ,~ L ~ Q v Z >+ C ~ C ~ X '"" 0 O ~p ~ f0 V UU~~F-~ W J U ~ V U 'o a ~ N ~ U C ' Z ~ ~ a~ ~ > P53 ai > c N ~ 0 ~ U 0 ~ T C 7 O U (0 'c m > T .-~. ~ O LL PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 01-20-09 ITEM NUMBER: 18 Amend Warro Contract - Woodbriar Lane SUBJECT/PROPOSAL/REQUEST: ACTION: Yes INFORMATION: Change Order to Amend Contract with Warrco, Inc., for Woodbriar Lane Water Line STAFF CONTACT(S): Mr. Sleeper CONSENT AGENDA: ACTION: ATTACHMENTS: Yes INFORMATION: BACKGROUND: Pittsylvania County is presently insalling a water line from the County's industrial park in Ringgold from Barker Road to Ringgold Road that will extend down Tom Fork Road and terminate over on Bennet Drive. This line will also supply water for the Witcher Road project that is a CDBG rehad that the Board has also awarded. DISCUSSION: Otis S. Hawker, Assistant County Administrator and County Administration, working with Reynolds-Clark Dvelopment, Inc., has negotiated Change Order 1 with Warrco, Inc., in the amount of $37,408.40, to extend waster down Woodbriar Lane, approximately 1,000 feet. Funds are available in the budget for this change. RECOMMENDATION: Staff recommends the Board of Supervisors approve this Change Order in the amount of $37,408.40 with Warrco, Inc., and authorize the County Administrator to sign all necessary documents. P54 Change Order Change Order # 1 Date 12/30/2008 Pr%ct Ringgold/Tom Fork Road Water Line _ _ Pro/ect # 20070523, owner Pittsylvania County, Virginia _ RINGWL043007 contracror Warrco, InC. ContractDate 13-NOV-08 -- -- ----- - - -- _ ___ For Ringgold/Tom Fork Road Water Line - Woodbriar Extension To W8ffC0, If1C. Contractor You are directed to make the changes noted be/ow in the above contract: owner Pittsylvania County, Virginia ay Date Description of Changes Ut(:KtASE INCREASE in Contract Price in Contract Price 1 Add 120 LF of 2" Water Line at $19.45/LF ' 2 Add 882 LF of 6" Water Line (Item 3) at $31.70/LF $2,334.00 $27, 959.40 3 Add 1 Fire Hydrant Assembly (Item 8) at $3,150.00 EA ~ ; $3,150.00 4 Add 1 Driveway Rem&Rep Concrete (Item 13) at $1,265.00 EA i $1,265.00 5 Add 2 Driveway Rem&Rep Asphalt (Item 14) at $800.00 EA~ i $1,600.00 6 Add 1 BOA (Item 33) at $1,100.00 EA I ~ $1,100.00 -- --- ----_ ___- --_»-~ --!-__-- Totals ~ $37,408.40 Net Change in Contract Price» 537,408.40 Justification: Per the Owner's request, the Contractor will extend the water line west along Woodbriar Lane as detailed on Drawing WB-1, titled "Woodbriar Lane Waterline Extension" dated 12/02/08. The changes result in the following adjustment of contract price and time: Contract price prior to this Change Order $1,432,404.67 Net INCREASE resulting from this Change Order $37,408.40 Current contract price including this Change Order 51,469,813.07 Contract time prior to this Change Order 250 CalendarDays Net D Increase ~ Decrease resulting from this Change Order 0 CalendarDays Current contract time including this Change Order 250 Ca/endarDays The above changes are approved: Engineer _ R@ olds-Clark Development, Inc. __ contractor _ Warrco, Inc. By ~- -- By -- --- -- Date ~ p Date a ~ P55 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: O l -20-09 ITEM NUMBER: 19 Award Contract - Lakeside Drive Sanitary Sewer SUBJECT/PROPOSAL/REQUEST: ACTION: Yes INFORMATION: Award Contract - Lakeside Drive Sanitary Sewer STAFF CONTACT(S): Mr. Sleeper CONSENT AGENDA: ACTION: ATTACHMENTS: Yes INFORMATION: BACKGROUND: For several years Lakeside Drive has had a failing septic system. Part of the original subdivision consisted of a community septic system that is failing, leaving the home owners very little options for repair. The Health Department has also been involved with this issue. DISCUSSION: The County applied for and was awarded a grant through the Southern Rivers Watershed Enhancement Program, that is being administered through the Department of Housing and Community Development, to install a sewer for all the houses along Lakeside Drive. The County has bidded out the project and the lowest responsive bidder was MCC Acquisition, LLC d/b/a Virginia Carolina Paving, in the amount of $179,984. RECOMMENDATION: Staff recommends the Board of Supervisors award this contract o MCC Acquisition, LLC d/b/a Virginia Carolina Paving, in the amount of $179,984 and authorize the County Administrator to sign all necessary documents upon review of Legal Counsel. P56 Pittsylvania County Lakeside Sanitary Sewer Extension Project Code 50011328 Bid Opening Tuesday January 6th, 2009 2:00 PM Contractor Bids Submitted Received Addenda Received Bid Bond Bid Price YES NO YES NO YES NO MCC Acquisition, LLC d/b/a Virginia Carolina Paving X X X $179,984.00 J. L. Crawford & Sons, Inc. X X X $205,936.00 Prillaman & Pace, Inc. X X X $225,655.00 M. R. Dishman & Sons X X X $244,112.40 Key Constructors X X X $297,001.22 J. Harman Saunders Construction, Inc. X X X $325,000.00 Marshall Construction Co., Inc. X X X $329,670.95 E. C. Pace Company, Inc. X X X Unresponsive DLB, Inc. X X X Unresponsive F. L. Showalter X X X Unresponsive I certify that the bid prices in this tabulation are as given in the respective Bid Proposals and arithmetically correct. ~~,, i i ~ ~~L3~YLC1~i/~- ~ ~- ~.~ Bryce Simmons, EIT P57 BUDGET FORM PfTTSYLVANIA COUNTY 07-SR-21 LAKESIDE DRIVE SANITARY SEWER EXTEIVSION ACTIVITY AND LINE ITEM TOTAL BUDGET SOUTHERN RIVERS BUDGET NON-SOUTHERN RIVERS BUDGET''' A ADMINISTRATION Execution of DHCD Contract 4,000.00 4,000.00 "~'°;~.F_:_~__"~~_°.,"~:~ Execution of Pro'ect Contract 3,000.00 3,000.00 ~~`~~°~ Construction Com letion/ Monitorin 2 2000.00 ea. 4,000.00 4,000.00 Com laince Reviews 2 2000.00 ea. 4,000.00 4,000.00 " ~ Administrative Pro'ect Closeout * 3 000 00 3 000 00 , . , . Water Quaf Outcome Re rt monthl 3 4000.00 ea.** 12,000.00 12,000.00 .. h H d C - as on an - 0.00 __ __ __ Other Administration - - - - - 0.00 ~ Subtotal 30,000.00 30,000.00 0.00 B En ineer/Design 33,580.00 /28,781.00 4,799.00 Ins ction 16,000.00 0.00 16,000.00 A uisition - 0.00 0.00 Relocation - 0.00 0.00 Demolition / Clearance - 0.00 0.00 Construction/Im rovements 347,898.00 230,908.00 116,990.00 Other Waiver of Ta Fees 47,250.00 0.00 47,250.00, Subtotal 444,728.00 259,689.00 185,039.00 C En ineer/Desi n - 0.00 0.00 Ins ction - 0.00 0.00 A uisition - 0.00 0.00 Relocation - 0.00 0.00 Demolition / Clearance - 0.00 0.00 Construction/Im rovements - 0.00 0.00 Other - 0.00 0.00 Subtotal - 0.00 0.00 D En ineer/Desi n - 0.00 0.00 Ins ction - 0.00 O.QO A uisition - 0.00 0.00 Relocation - 0.00 0.00 Demolition / Clearance - 0.00 0.00 Construction/lm rovements - 0.00 0.00 Other - 0.00 0.00 Subtotal - 0.00 0.00 TOTAL 474,728.00 289,689.00 185,039.00 * Non-Southern Rivers funds could be multiple columns depending on the number of sources / ~ P58 * 10% of the total budgeted admin costs will be retained until six months after SRWEP improvements are put into service and a report of the TMDL enviormental impact is submitted and approved by DHCD. *"' 20°~ of admin costs may not be drawn until the completion of the project or required reports are submitted . i.le. 6,000.00 P59 ~ PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: I AGENDA DATE: O 1-20-09 Resolution - Interim Economic Development Director ACTION: Yes SUBJECT/PROPOSAL/REQUEST: CONSENT AGENDA: Resolution - Interim Economic Development Director ACTION: STAFF CONTACT(S): Mr. Sleeper ATTACHMENTS: Yes ITEM NUMBER: 20 INFORMATION: INFORMATION: BACKGROUND: DISCUSSION: The Pittsylvania County Economic Development, Inc. Board adopted the attached Resolution for the Board of Supervisors consideration. RECOMMENDATION: Staff submits this to the Board of Supervisors for their consideration. P60 PITTSYLVANIA COUNTY ECONOMIC DEVELOPMENT, INC. BOARD OF DIRECTORS RESOLUTION VIRGINIA: At the regular meeting of the Board of Directors of the Pittsylvania County Economic Development, Inc., the following resolution was presented and adopted: WHEREAS, the Board of Supervisors of Pittsylvania County have chosen to operate an economic development office under the County Administrator and remove their funding from the Pittsylvania County Economic Development, Inc.; and WHEREAS, there are continuing activities of the economic development ongoing during the process of transition from the private non-profit corporation to the County's Department of Economic Development; and WHEREAS, the Board of Directors feel that it is necessary that the Board of Supervisors fill the void and ensure that economic development continue without interruption during the transition; and WHEREAS, Carol Motley, Executive Director, of the Pittsylvania County Economic Development, Inc., would be available to provide necessary services to Pittsylvania County during this interim process of searching for a new Director of Economic Development for the County, then BE IT HEREBY RESOLVED, that the Board of Directors of the Pittsylvania County Economic Development, Inc., request the Board of Supervisors of Pittsylvania County to hire the current Executive Director on a part-time, hourly basis in order to provide the necessary service for economic development during the interim that the County will be advertising, interviewing and selecting a new Director of Economic Development; and BE IT FURTHER RESOLVED, a copy of this Resolution shall be submitted to the Board of Supervisors at their January 20, 2009 meeting. Given under my hand this 20`h day of January, 2009. Cary B. Motley, Clerk Pittsylvania County Economic Development, Inc. SEAL P61 REPORTS FROM BOARD MEMBERS REPORTS FROM OFFICERS AND COMMITTEES .,~ , ~ ~"~~ ;f ~ ~ ~ ~ .~, ~ ,~f ~ ~ ~~~ ~ ti ~ ,~ ~. ~~~ ~~