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03-15-16 BOS Adjourned Meeting Agenda PKTou& 5 r�i/iiy BOARD PACKET BOARD OF SUPERVISORS ADJOURNED MEETING MARCH 15, 2016 1767 P1 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS ADJOURNED MEETING TUESDAY, MARCH 15, 2016 GENERAL DISTRICT COURTROOM EDWIN R. SHIELDS COURTHOUSE ADDITION AGENDA 1. Call to Order — 7:00 p.m. 2. Roll Call 3. Barber Hagerman Blackstock Davis Scearce Warren Barksdale 4. Moment of Silence 5. Pledge of Allegiance 6. Items to be added to the Agenda (a) APPROVAL OF AGENDA Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Second: Barber Hagerman Blackstock Davis Scearce Warren Barksdale HEARING OF CITIZENS CONSENT AGENDA 7. (a) Congratulatory Letter— Diane Adkins, retired Director of Pittsylvania County Public Library Pages: 10 -11 (b) Purchase of Service Weapon Pages: 12 -14 (c) Agriculture Development Board Amended By -Laws Approval Pages: 15 -32 Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Second: Barber Hagerman Blackstock Davis Scearce Warren Barksdale PUBLIC HEARINGS 7. Public Hearing to receive citizen input on the proposed amendment to Section 35 -819; Maintenance and Removal of Signs, of the Pittsylvania County Zoning Ordinance. Pages: 34 -40 Open: Motion: Barber Second: Barber Roll Call Vote Y N Barber Hagerman Blackstock Scearce Davis Warren Barksdale Close: Hagerman Blackstock Davis Scearce Warren Barksdale Hagerman Blackstock Davis Scearce Warren Barksdale A Comments: PRESENTATION 8. Report from Agricultural Development Board (ADB) — Jay Calhoun, ADB Chairman Page: 42 Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Second. Barber Hagerman Blackstock Davis Scearce Warren Barksdale Comments: 9. Community Policy Management Team — Quarterly Report Pages: 43 -46 Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Second. Barber Hagerman Blackstock Davis Scearce Warren Barksdale Comments: NEW BUSINESS 10. Committee Recommendations: (a) Recommendations from Personnel Committee — The Personnel Committee met at 4: 06pm on Wednesday, March 9, 2016 and any recommendations from that meeting will be submitted to the full Board of Supervisors Pages: 48 -48 Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Second. Barber Hagerman Blackstock Davis Scearce Warren Barksdale Comments: (b) Recommendations from Legislative Committee — The Legislative Committee met at S:OOpm on Tuesday, March 15, 2016 and any recommendations from that meeting will be submitted to the full Board of Supervisors Pages. 50 -51 Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Second. Barber Hagerman Blackstock Davis Scearce Warren Barksdale Comments: 11. Resolution 2016- 03 -03; Land Use Permit Application to the Virginia Department of Transportation (for Watch for Children signs) Pages: 52 -76 Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Second: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Comments. 12. Watch for Children Sign Agreement Pages. 77 -79 Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Second: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Comments. APPOINTMENTS 13. Appointment to the Southern Area Agency on Aging Board Pages: 82 -83 Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale Second. Barber Hagerman Blackstock Davis Scearce Warren Barksdale Comments. BOARD ANNOUNCEMENTS REPORTS FROM LEGAL COUNSEL REPORTS FROM COUNTY ADMINISTRATOR ADJOURNMENT Motion: Barber Second: Barber Time: Hagerman Blackstock Davis Scearce Warren Barksdale Hagerman Blackstock Davis Scearce Warren Barksdale TO BE ADDED P7 HEARING OF CITIZENS PR CONSENT AGENDA P9 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Congratulatory Letter— Diane Adkins, retired Director 03 -15 -2016 6(a) of Pittsylvania County Public Library ACTION: INFORMATION: SUBJECT/PROPOSAL/REQUEST: CONSENT AGENDA: Congratulatory Letter ACTION: INFORMATION: Yes STAFF CONTACT(S): ATTACHMENTS: Mr. Monday 1) Congratulatory Letter REVIEWED BY: BACKGROUND: Diane Adkins, Director of the Pittsylvania County Public Library, retired effective March 1, 2016. Attached is a draft retirement letter from the Board of Supervisors to be given to Ms. Adkins. RECOMMENDATION: Staff recommends the Board of Supervisors authorize the Chair to sign the attached letter and forward to Ms. Adkins. P10 SUPERVISORS Jessie L. Barksdale, Chairman Elton W. Blackstock, Vice - Chairman Robert W. Warren Tim R. Barber Jerry A. Hagerman Ronald S. Scearce Joe B. Davis Diane Adkins 99 Red Hill Drive Martinsville, VA 24112 Dear Ms. Adkins, Pittsylvania County S 0 BOARD OF SUPERVISORS P.O. Box 426 Chatham, VA 24531 March 11, 2016 Clarence C. Monday County Administrator Phone (434) 432 -7710 Fax (434) 432 -7714 Gretna /Hurt (434) 656 -6211 Bachelors Hall (434) 797 -9550 Whitmell (434) 797 -9550 E -mail: Clarence.monday @pittgov.org On behalf of the Pittsylvania County Board of Supervisors, I want to congratulate you on your retirement and wish you the best of luck in the coming years. The Board was saddened by the news that you would be leaving your position, but was also overjoyed at your opportunity to enjoy all of your success which you have earned for many years. To see the changes that have taken place in the Pittsylvania County Public Library System over the past 16 years is phenomenal. The opening and expansion of the Mt. Hermon branch and the opening of the History Research Center prove this success. Your contributions to the County will be missed dearly. Your positive impact will be felt by the County for generations and the Board of Supervisors intends to work hard to maintain the culture of success that you started. The Board of Supervisors of Pittsylvania County wishes you the best in your retirement and again congratulates you on this celebrated achievement. Sincerely, Jessie L. Barksdale, Chair Pittsylvania County Board of Supervisors Pll AGENDA TITLE: Purchase of Service Weapon Purchase of Service Weapon STAFF CONTACT(S): Mr. Monday; Sheriff Taylor PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA DATE: 03 -15 -2016 ACTION: CONSENT AGENDA: ACTION: Yes ITEM NUMBER: 6(b) INFORMATION: INFORMATION: ATTACHMENTS: 1) Letter from Sheriff Michael W. Taylor 2) § 59.1- 148.3(A). Purchase of handguns of certain officers; Code of Virginia, 1950, as amended REVIEWED BY: Cf' � Over the years, the Pittsylvania County Board of Supervisors has approved requests to purchase service weapons issued members of the Pittsylvania County Sheriff's Office upon their retirement. DISCUSSION: Attached hereto, is a letter from the Honorable Mike Taylor, Sheriff of Pittsylvania County, requesting approval from the Board of Supervisors that Deputy Sheriff Ricky E. Mayo be allowed to purchase his issued service weapon upon retirement. §59.1- 148.3, Purchase of Handguns of Certain Officers, of the Code of Virginia, 1950, as amended, covers the circumstances pertaining to officers being allowed to purchase their issued service weapons. This request meets all the requirements of the State code. (See attached). Staff recommends the Board of Supervisors approve Sheriff Taylor's request that Deputy Sheriff Ricky E. Mayo Simpson be allowed to purchase his issued service weapon upon retirement. P12 WichaellK Taylor Sheriff ?he Office of the Sheriff T ttsy vania County Phone - (434) 432-7800 Fax - (434) 432 -7823 Email- pcsO@Yittgov.org 'Website - ti Ww.pittsyCvaniasherifforg Clarence Monday, County Administrator Pittsylvania County P.O. Box 426 Chatham, Virginia 24531 February 26, 2016 P.O. Box 407 Chatham, :Ui 24 Re: Purchase of Service Weapon / Glock Model 22 Serial Number YMT -858 Generation 4 Dear Mr. Monday: Deputy Sheriff Ricky E. Mayo has scheduled his retirement date as of the end of business day, Thursday, 31 March 2016 from the Pittsylvania County Sheriff's Office. Meeting his statutory requirements defined in § 59.1- 148.3, (iii) Code of Virginia, Deputy Mayo has requested of me to purchase his assigned duty weapon, that which is referenced above. I am asking for approval of this request for the purchase at the statutory price of $1.00, which is enclosed. Thank you for your attention in this matter of mutual interest. With kindest regards I remain, Sheriff Enclosures 1. Letter of Request 2. $1.00 U.S. Currency Cc: Vaden Hunt, Esquire, Attorney for Pittsylvania County Personnel File of Ricky E. Mayo, Deputy Sheriff MWT /no P13 Sheriff Mike Taylor 212016 I am respectfully requesting that I be allowed to purcha a my assigned duty weapon upon the completion of my retirement process The weapon assigned to me is a 40 caliber Glock model 22 serial number YMT -8 8 Gen 4. You Cpl. Ricky Mayo P14 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Pittsylvania County Agricultural Development Board 03 -15 -2016 (ADB) — Proposed Amendment of By -Laws ACTION: SUBJECT/PROPOSAL/REQUEST: CONSENT AGENDA: Proposed Amendment of By -Laws ACTION: STAFF CONTACT(S): Yes Mr. Monday; Mr. Sides BACKGROUND: ITEM NUMBER: 6(c) INFORMATION: INFORMATION: ATTACHMENTS: 1) 03 -15 -2016 Draft Amendments 2) 03 -07 -2016 Executive Summary 3) ADB Resolution 2016 -02 -01 & Exhibit "A" Draft Amended By -Laws 4) Current By -Laws cis At their regular meeting on 03 -07 -2016, the Board of Supervisors proposed revisions to the presented draft amended By -Laws submitted from the ADB, and authorized the County Attorney to incorporate those revisions into the amended By -Laws, and bring back the revised document for the Board's review at their meeting on 03-15-2016. Attached are the Board's requested revisions. RECOMMENDATION: Staff submits this to the Board of Supervisors for their review, consideration and approval. P15 PITTSYLVANIA COUNTYAGRICULTURAL ADVISORY COMMITTEE BY- LAWS ARTICLE I: NAME The name of the organization shall be the Pittsylvania County Agricultural Advisory Committee ( "PCAAC "). ARTICLE II: PURPOSE The PCAAC will: • Serve as an advisory committee to the BOS. • Represent the agricultural community's position on local, state, and federal level. review, advise, Pittsylvania County Board of Supervisors (`BOS' • Promote and enhance the economic viabil agribusiness. • Coordinate agricultural economic developtak mark • In the event of a PCAAC Chair, o search committee • Increase public un • Establish a network in the mom OWN issues at the tions to the forestry, and promotion activities. of Agribusiness Development, the unto..,:11 ,. .. ♦i... F ..F .. state -of -the -art agricultural practices. �e producers and suppliers to strengthen the agricultural A anizational Meeting, in the case of expired terms or other vacancies, the BOS shall appoint members to the PCAAC to serve two (2) year terms beginning at the time of appointment. Subsequent appointments of PCAAC members shall be for a term of two (2) years, with the ability to be appointed for two (2) additional two (2) year terms. PCAAC membership shall include at least one (1) representative from each of the following agricultural groups: • Cattle Page 1 of 5 P16 • Crops • Dairy • Equine • Forestry • Horticultural • Pittsylvania County Farm Bureau • Poultry • Tobacco • Viticulture • Agribusiness • Agribusiness • Agribusiness A. Attendance In the event any member fails to attend three (3) or more consecutive meetings, the PCAAC, following a majority vote, has the option to declare the seat vacant and seek a replacement appointee from the BOS. ` B. Nominating Process The PCAAC Chair may appoint a ominating Co Jee to make recommendations to the BOS for appointments of &embers to the PCAAC. The Nominating Committee shall produce a slate of recommended appointees for the members whose appointments expire the following January. All appointees must be residents of Pittsylvania County. A slag of nominees shall be proposed to the PCAAC for review, amendment approval. The approved slate of PCAAC nominees shall be submitted to the BOS. The Nominating Committee s all also recommend nominees for any PCAAC vacancies ocFutring withi an unexpired term. The remaining PCAAC members shall review, amend. and approve 4he nominees at any regular or special meeting, and submit the nominees to the BOS for approval. The person selected to fill such a vacancy shall serve the full unexpired term of the former PCAAC member whose vacancy is so filled. ARTICLE IV: OFFICERS A. Officers PCAAC officers shall consist of a Chair and Vice -Chair selected from among the appointed PCAAC members at the PCAAC Organizational Meeting. B. Terms of Officers Page 2 of 5 P17 Officers shall serve a one (1) year term from the January meeting at which they are elected, until their successors are duly elected the following January. Officers may be re- elected for additional terms. The Chair serves until the new PCAAC Chair is appointed. C. Responsibilities of the Chair The Chair shall preside at all PCAAC meetings, appoint all committees and a secretary to record meeting minutes, execute all documents authorized by the PCAAC, oversee committee activities, set PCAAC agendas, and generally perform al ties associated with that office. The Chair will eommunicate with the t' A rV s an of the D. Responsibilities of the Vice -Chair _:: The Vice - Chair, in the event of the absence or disability perform the duties of the Chair. E. Additional Officers The PCAAC may appoint additional officf F. Vacancies and Special Elections of the Chair, shall assume and °} term. In the event of a vacancy in either the Chair or Vice- Chair, a special election may be held to fill the position for the remainder of the term. ARTICLE V: MEETING A. Regular Me ings Regular mee g all be monthly. The date, hour, and location of the regular meeting will be set th AAC at its Organizational Meeting. All regular meetings will be open it 0h p The PCAAC may convene a closed meeting in accordance with the Virg a Free om of Information Act. B. Organizational Meeting 1'lle Organizational Meeting, held in January of each year, shall be for the purpose of the election of officers and the establishment of the regular meeting times. Said meeting may be held in a different month due to unforeseen circumstances. C. Special Meetings Special Meetings may be called by the Chair or at the request of any two (2) PCAAC members for the transaction of business as stated in the agenda for said Special Meeting. Page 3 of 5 P18 D. Quorum At least one -half (or 50 1/o) of the PCAAC members then serving in office shall constitute a quorum for the transaction of business at any regular or Special Meeting of the PCAAC. Provided a quorum exists, any questions /motions coming before the PCAAC shall be determined by a simple majority vote of the PCAAC present at such meeting. E. Governance Robert's Rules of Order shall govern all parliamentary issues i eetings of the PCAAC or its committees. The Virginia Freedom of Informati ct the Virginia Conflict of Interest Act shall also apply /govern PCAAC memb F. Cancellation Any regular or Special Meeting of the PCAAC or its committees may be "canceled when adverse conditions exist, or, by the Chair when, °after consultation with the Director of Agribusiness Development, it is determined that there are no matters requiring PCAAC action. As well, due to the climactic nature bf agriculture, meetiags may be cancelled for a particular month due to the farming needs of the PCAAC members. All PCAAC members shall be notified as soon as possible regarding said cancellations. kjo ow G. Closed Meetings Closed meetings, when appropriate and authorized by the Virginia Code, will consist of all PCAAC members and any other person(s) so designated by the Chair. ARTICLE VI: A. Standing The PCA PC�AAC. Committees as needed to conduct the business of the B. Ad Noe Committees ` The Chair may create additional ad hoc committees as needed. C. Meeth* with the Board of Supervisors and Board Committees The PCAAC may meet with the full Board of Supervisors and its committees as needed. D. Committee Meetings Page 4 of 5 P19 PCAAC committee meetings shall be held in accordance with the Virginia Freedom of Information Act and held when deemed appropriate and necessary by any committee Chair. E. Staff Participation 1. Director of Agribusiness Development: The Director of Agribusiness Development is not a PCAAC member, but his/her participation is required to provide technical assistance and professional expertise. Said Director shallve no vote in PCAAC meetings. Further, said Director shall take minutes of all PCAAC meetings in which he /she is in attendance. In the event of his/her absence, the Chair shall temporarily assign another PCAAC member in attendance to take meeting minutes. 2. BOS Representative: One (1) BOS member shall be appointed by the BOS Chairman to participate in PCAAC meetings, but shall not be an official member of the PCAAC. Said BOS member shall serve as a liaisor-between the PCAAC and the BOS, and shall have no vote in PCAAC meetings. 3. County Administration Representative and /or County Economic Development Director: A representative from County Administration and /or the County's Director of Economic Development may be dire ted by `the Count/ Administrator to participate in PCAAC meetings, but shall not be `an official memberof the PCAAC. Said individual shall serve as a liaison between the PCAAC and the County Administrator, and shall have no vote in PCAAC meegs. ARTICLE VII: AMENDMENTS These By -Laws may be 4eended at ay regular meeting of the PCAAC by a two- thirds (2/3) vote of the PCAA members present at said meeting. Notice of any proposed By -Law amendment must first be submitted in writing to PCAAC members at least two (2) weeks (14 days) prior to such meeting. Any PCAAC By -Law amendments require BOS approval. ri Page 5 of 5 P20 PITTSYLVANIA COUNTY Board of Supervisors IaA1 44 uiu/. ' AGENDA TITLE: I AGENDA DATE: Pittsylvania County Agricultural Development Board 03 -07 -2016 — Proposed Amendment of By -Laws SUBJECU/PROPOSAUREOUEST: Amend By -Laws of Pittsylvania County Agricultural Development Board STAFF CONTACT(S): Mr. Monday; Mr. Sides ACTION: Yes CONSENT AGENDA: ACTION: ITEM NUMBER: 11 INFORMATION: INFORMATION: ATTACHMENTS: 1) ADB Resolution 2016 -02 -01 & Exhibit "A ": Draft Amended ByLaws 2) Current ByLaws BACKGROUND: The Pittsylvania County Agricultural Development Board (PCADB) was formed in 2007 by the Board of Supervisors to serve as an advisory body on agriculturally related issues and to promote and enhance the economic viability of production agriculture, forestry and agribusiness in the County. The Pittsylvania County Agricultural Development Board has proposed an updated and revised set of by -laws for the organization. These revisions were developed by the PCADB with assistance from County staff and direct guidance from Mr. Jim H. Guynn, Jr. Esq., litigation counsel to the PCADB. At their meeting on February 25, 2016, the Board approved Resolution 2016 -02 -01 (attached), recommending to the Board of Supervisors that its by -laws be amended as set forth in Exhibit A. The proposed by -laws require that by -law amendments be approved by the Board of Supervisors. To assist the Board of Supervisors in their review, the current version of by -laws is attached, along with a proposed final draft version. Among the few changes proposed in the amended by -laws is a change in the name of the body. It is proposed that the name be changed from Pittsylvania County Agricultural Development Board to Pittsylvania County Agricultural Advisory Committee ( PCAAC), to emphasize its advisory role. It is also proposed that the eleven non - voting members be eliminated, with PCAAC membership consisting of 13 members representing identified sectors of agricultural activities and agribusinesses. The PCAAC would continue to submit membership nominees to the Board of Supervisors for appointment. RECOMMENDATION: If the Board of Supervisors finds the proposed amended by -laws acceptable, staff recommends that they be approved with the following amendment to Article II: Purpose (bullet #6) • In the event of a vacancy in the position of Director of Agribusiness Development, the PCAAC Chairman, or his designee, shall serve on the County will oversee the feaning of search committee to recruit, interview and recommend a replacement for said vacancy, in accordance with all applicable Pittsylvania County policies and procedures. thatwill submit a recorrunendafien the C.^ (GeuPty Administrator) to fill said vaeaney. P21 PCADB RESOLUTION 2016 -02 -01 (A RESOLUTION RECOMMENDING AMENDMENT OF FCADB BYLAWS TO PCBOS) WHEREAS, the Board of the Pittsylvania County Agricultural Development Board ( "PCADB ") has determined that certain changes to its bylaws are necessary for this body to more fully serve its purpose; and WHEREAS, the Board has met all requirements of Article VII of its current bylaws pertaining to bylaw amendment. NOW, THEREFORE BE IT RESOLVED, that the PCADB recommends to the Pittsylvania County Board of Supervisors ( "PCBOS ") that its bylaws be amended as set forth in Exhibit "A," attached hereto and incorporated herein. Adopted this 25`h day of February, 2016. ATTEST: c Bob Harris, PCADB Vice - Chairman =S= Michael W.S. Locka( y, Es (-Xa-z' Jay Calhoun, PCADB Chairman ting Member y N A Shelton Roberts Adams Griffin Jefferson Swanson Hams Maxey East Peters Calhoun Moon Winn Keatts Ayes - L Rays_ Abstentions P22 EXHIBIT A DRAFT (NOT APPROVED) PITTSYL VANIA COUNTYAGRICULTURAL ADVISORY COMMITTEE BY LAWS ARTICLE I: NAME The name of the organization shall be the Pittsylvania County Agricultural Advisory Committee ( "PCAAC "). ARTICLE II: PURPOSE The PCAAC will: • Serve as an advisory committee to the BOS. • Represent the agricultural community's position on legislative and policy issues at the local, state, and federal level; review, advise, and offer recommendations to the Pittsylvania County Board of Supervisors (`BOS "). • Promote and enhance the economic viability of production agriculture, forestry, and agribusiness. • Coordinate agricultural economic development, marketing, and promotion activities. • Periodically evaluate the performance of the Director of Agribusiness Development in accomplishing the goals of the PCAAC and submit an evaluation to the Pittsylvania County Administrator ( "CA "). • In the event of a vacancy in the position of Director of Agribusiness Development, the PCAAC will oversee the forming of a search committee that will submit a recommendation to the CA to fill said vacancy. • Increase public understanding of state -of -the -art agricultural practices. • Establish a network of agriculture producers and suppliers to strengthen the agricultural infrastructure. • Promote agritourism. ARTICLE III: MEMBERSHIP At its Organizational Meeting, in the case of expired terms or other vacancies, the BOS shall appoint members to the PCAAC to serve two (2) year terms beginning at the time of appointment. Subsequent appointments of PCAAC members shall be for a term of two (2) years, with the ability to be appointed for two (2) additional two (2) year terms. PCAAC membership shall include at least one (1) representative from each of the following agricultural groups: • Cattle • Crops Page 1 of 5 P23 EXHIBIT A • Dairy • Equine • Forestry • Horticultural • Pittsylvania County Farm Bureau • Poultry • Tobacco • Viticulture • Agribusiness • Agribusiness • Agribusiness A. Attendance In the event any member fails to attend three (3) or more consecutive meetings, the PCAAC, following a majority vote, has the option to declare the seat vacant and seek a replacement appointee from the BOS. B. Nominating Process The PCAAC Chair may appoint a Nominating Committee to make recommendations to the BOS for appointments of members to the PCAAC. The Nominating Committee shall produce a slate of recommended appointees for the members whose appointments expire the following January. All appointees must be residents of Pittsylvania County. A slate of nominees shall be proposed to the PCAAC for review, amendment, and approval. The approved slate of PCAAC nominees shall be submitted to the BOS. The Nominating Committee shall also recommend nominees for any PCAAC vacancies occurring within an unexpired term. The remaining PCAAC members shall review, amend, and approve the nominees at any regular or special meeting, and submit the nominees to the BOS for approval. The person selected to fill such a vacancy shall serve the full unexpired term of the former PCAAC member whose vacancy is so filled. ARTICLE IV: OFFICERS A. Officers PCAAC officers shall consist of Chair and Vice -Chair selected from among the appointed PCAAC members at the PCAAC Organizational Meeting. B. Terms of Officers Page 2 of 5 P24 EXHIBIT A Officers shall serve a one (1) year term from the January meeting at which they are elected, until their successors are duly elected the following January. Officers may be re- elected for additional terms. The Chair serves until the new PCAAC Chair is appointed. C. Responsibilities of the Chair The Chair shall preside at all PCAAC meetings, appoint all committees and a secretary to record meeting minutes, execute all documents authorized by the PCAAC, oversee committee activities, set PCAAC agendas, and generally perform all duties associated with that office. The Chair will communicate with the CA in the supervision of the Director of Agribusiness Development. D. Responsibilities of the Vice -Chair The Vice - Chair, in the event of the absence or disability of the Chair, shall assume and perform the duties of the Chair. E. Additional Officers The PCAAC may appoint additional officers as needed for a limited term. F. Vacancies and Special Elections In the event of a vacancy in either the Chair or Vice- Chair, a special election may be held to fill the position for the remainder of the term. ARTICLE V: MEETINGS A. Regular Meetings Regular meetings shall be held monthly. The date, hour, and location of the regular meeting will be set by the PCAAC at its Organizational Meeting. All regular meetings will be open to the public. The PCAAC may convene a closed meeting in accordance with the Virginia Freedom of Information Act. B. Organizational Meeting The Organizational Meeting, held in January of each year, shall be for the purpose of the election of officers and the establishment of the regular meeting times. Said meeting may be held in a different month due to unforeseen circumstances. C. Special Meetings Special Meetings may be called by the Chair or at the request of any two (2) PCAAC members for the transaction of business as stated in the agenda for said Special Meeting. Page 3 of 5 P25 EXHIBIT A D. (quorum At least one -half (or 50 %) of the PCAAC members then serving in office shall constitute a quorum for the transaction of business at any regular or Special Meeting of the PCAAC. Provided a quorum exists, any questions /motions coming before the PCAAC shall be determined by a simple majority vote of the PCAAC present at such meeting. E. Governance Robert's Rules of Order shall govern all parliamentary issues in all meetings of the PCAAC or its committees. The Virginia Freedom of Information Act and the Virginia Conflict of Interest Act shall also apply /govern PCAAC members. F. Cancellation Any regular or Special Meeting of the PCAAC or its committees may be canceled when adverse conditions exist, or, by the Chair when, after consultation with the Director of Agribusiness Development, it is determined that there are no matters requiring PCAAC action. As well, due to the climactic nature of agriculture, meetings may be cancelled for a particular month due to the farming needs of the PCAAC members. All PCAAC members shall be notified as soon as possible regarding said cancellations. G. Closed Meetings Closed meetings, when appropriate and authorized by the Virginia Code, will consist of all PCAAC members and any other person(s) so designated by the Chair. ARTICLE VI: COMMITTEES A. Standing Committees The PCAAC may appoint Standing Committees as needed to conduct the business of the PCAAC. B. Ad Hoc Committees The Chair may create additional ad hoc committees as needed. C. Meetings with the Board of Supervisors and Board Committees The PCAAC may meet with the full Board of Supervisors and its committees as needed. D. Committee Meetings PCAAC committee meetings shall be held in accordance with the Virginia Freedom of Information Act and held when deemed appropriate and necessary by any committee Chair. Page 4 of 5 P26 EXHIBIT A E. Staff Participation 1. Director of Agribusiness Development: The Director of Agribusiness Development is not a PCAAC member, but his /her participation is required to provide technical assistance and professional expertise. Said Director shall have no vote in PCAAC meetings. Further, said Director shall take minutes of all PCAAC meetings in which he /she is in attendance. In the event of his/her absence, the Chair shall temporarily assign another PCAAC member in attendance to take meeting minutes. 2. BOS Representative: One (1) BOS member shall be appointed by the BOS Chairman to participate in PCAAC meetings, but shall not be an official member of the PCAAC. Said BOS member shall serve as a liaison between the PCAAC and the BOS, and shall have no vote in PCAAC meetings. 3. County Administration Representative and /or County Economic Development Director: A representative from County Administration and/or the County's Director of Economic Development may be directed by the CA to participate in PCAAC meetings, but shall not be an official member of the PCAAC. Said individual shall serve as a liaison between the PCAAC and the CA, and shall have no vote in PCAAC meetings. ARTICLE VII: AMENDMENTS These By -Laws may be amended at any regular meeting of the PCAAC by a two- thirds (2/3) vote of the PCAAC members present at said meeting. Notice of any proposed By -Law amendment must first be submitted in writing to PCAAC members at least two (2) weeks (14 days) prior to such meeting. Any PCAAC By -Law amendments require BOS approval. Page 5 of 5 P27 Pittsylvania County Agricultural Development Board BYLAWS ARTICLE I: Name The name of the organization shall be the Pittsylvania County Agricultural Development Board. ARTICLE Il: Purpose The Board of Directors will: • Promote and enhance the economic viability of production agriculture, forestry, and agribusiness. • Represent the agricultural community's position on legislative and policy issues at the local, state, and federal level; review, advise, and offer recommendations to the Board of Supervisors. • Increase public understanding of state -of -the -art agricultural practices. • Promote agritourism. • Establish a network of agriculture producers and suppliers to strengthen the agricultural infrastructure. • Coordinate agricultural economic development, marketing, and promotion activities • Serve as an advisory board to the Board of Supervisors of Pittsylvania County, Virginia. • Periodically evaluate the performance of the Director of Agribusiness Development in accomplishing the goals of the Agricultural Development Board and submit an evaluation to the County Administrator. • In the event of a vacancy in the position of Director of Agribusiness Development, the Agriculture Development Board will oversee the forming of a search committee that will submit a recommendation to the County Administrator to fill the said vacancy. ARTICLE III: Membership A. Selection and Term Voting members shall represent each agriculture group in Pittsylvania County with at least fourteen (14) county residents appointed by the Board of Supervisors. For the purpose of the first meeting of the Board, the membership on the Board shall be divided into two (2) groups. At the first meeting, eight (8) Directors shall be elected to serve a one (1) year term and six (6) shall be elected to serve a two (2) EI P28 year term; thereby creating staggered terms. Subsequent elections of Directors shall be for a term of two (2) years and may be reappointed for two (2) additional two -year terms. Board membership will include one (1) representative from each of the following agricultural groups: • Cattle • Crops • Dairy • Equine • Forestry • Horticultural • Pittsylvania County Farm Bureau • Poultry • Swine • Tobacco • Viticulture • Aquaculture • At -Large • Ex- officio Non - voting members are to be selected on their ability to contribute to the mission of the Board and are not required to be county residents. They shall serve for a term set by the Board. Non - voting membership will include one representative from each of the following groups: • Agri -based business • Agricultural Education Teacher • Board of Supervisors • Danville/Pittsylvania County Chamber of Commerce • Pittsylvania County Economic Development • Farm Lending • Natural Resource Conservation Service (MRCS) • Pittsylvania County Administration • Pittsylvania County Soil and Water Board • Virginia Cooperative Extension — Pittsylvania County Office • Virginia Department of Forestry — Pittsylvania County Office B. Attendance In the event any voting member fails to attend any three (3) or more consecutive meetings, the Board has the option to declare the seat vacant and seek a replacement. z P29 C. Nominating Process The Board Chair shall appoint a Nominating Committee no later than September of each year. The Nominating Committee shall produce a slate of nominees for voting members, who are residents of Pittsylvania County, for the Board positions becoming vacant at the end of the year. The Nominating Committee shall seek membership recommendations from each identified group using public media, written correspondence, and other communication options. A slate of nominees shall be proposed to the Board for review, amendment, and approval. The approved slate of Board nominees shall be submitted to the Board of Supervisors by December. The Nominating Committee shall also recommend nominees for any Board vacancies occurring within an unexpired term. The remaining Board shall review, amend, and approved the nominees at any regular or special meeting, and submit the nominee to the Board of Supervisors for approval. The person selected to fill such a vacancy shall serve the full unexpired term of the Director whose vacancy is so filled. ARTICLE IV: Officers A. Officers The officers shall consist of a Chair and Vice Chair selected from among the appointed voting members at the annual meeting of the Board in January of each year. B. Terms of Officers Officers shall serve a one (2 1) year term from the January meeting at which they are elected, until their successors are duly elected the following January. Officers may be re- elected for one (1) additional year. The immediate past Chair will continue to serve as the Ex- Officio until another Ag Development Board Chairmen is duly elected. C. Responsibilities of the Chair The Chair shall preside at all meetings of the Board, authorize calls for any special meetings, appoint all committees and a secretary to record meeting minutes, execute all documents authorized by the Board, serve as an ex- officio voting member of all committees, oversee committee activities, set agendas for Board meetings, and generally perform all duties associated with that office. The Chair will communicate with the County Administrator in the supervision of the Director of Agribusiness Development. 3 P30 D. Responsibilities of the Vice Chair The Vice Chair, in the event of the absence or disability of the Chair or vacancy in that office, shall assume and perform the duties of Chair. E. Additional Officers The Board may appoint additional officers as needed for a limited term. F. Vacancies and Special Elections In the event of a vacancy in either the Chair or Vice Chair, a special election may be held to fill the position for the remainder of the term. ARTICLE V: Meetings A. Regular Meetings Regular meetings shall be held monthly. The date, hour, and location of the regular meeting will be set by the Board at its Annual Meeting. All regular meetings will be open to the public. The Board may convene a closed meeting when required and will follow all guidelines established under the Virginia Freedom of Information Act. B. Annual Meeting The Annual Meeting, held in January of each year, shall be for the purpose of the election of officers and the establishment of the regular meeting times. C. Special Meetings Special meetings may be called by the Chair or at the request of three (3) directors for the transaction of business as stated in the call for the special meeting. D. Quorum One -half (50 percent) of the Directors then serving in office shall constitute a quorum for the transaction of business at any regular or special meeting of the Board. Provided a quorum exists, any questions coming before the Board shall be determined by a two /thirds (2/3) vote of the Board members present at such meeting. E. Minutes Robert's Rules of Order shall govern proceedings of all meetings of the Board. F. Cancellation Any regular or special meeting of the Board or its committees may be canceled when adverse conditions exist. As well, due to the climactic nature of agriculture, meetings may be cancelled for a particular month due to the farming needs of the 4 P31 board members. All voting and non - voting members shall be notified as soon as possible regarding the cancellation. G. Executive Sessions Executive Sessions, when appropriate and authorized by the Virginia Code, will consist of all voting members of the Ag Development Board and any designee of the Chair. ARTICLE VI: Committees A. Standing Committees The Board shall appoint Standing Committees as needed to conduct the business of the Board. B. Ad Hoc Committees Additional ad hoc committees or task forces may be created as needed. C. Meetings with the Board of Supervisors and Board Committees The Board shall meet with the full Board of Supervisors and with its committees as needed. D. Committee Meetings The Chair of each committee shall call committee meetings as deemed appropriate. E. Staff Participation The Director and staff of the Agricultural Development office are not members of committees or Board, but their participation is required to provide technical assistance and professional expertise. ARTICLE VII: Amendments These bylaws may be amended at any regular meeting of the Board by a two /thirds (2/3) vote of the Board. Notice of any proposed amendment must first be submitted in writing to the Board two weeks (14 days) prior to such meeting. Approved as to form J. Vaden Hunt, County Attorney P32 5 PUBLIC HEARING P33 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Public Hearing — Proposed Revision to Sec. 35 -819; Maintenance and Removal of Signs, of the Pittsylvania County Zoning Code SUBJECT/PROPOSAL/REQUEST: Public Hearing STAFF CONTACT(S): Mr. Monday AGENDA DATE: 03 -15 -2016 ACTION: Yes CONSENT AGENDA: ACTION: ITEM NUMBER: 7 INFORMATION: INFORMATION: ATTACHMENTS: 1) 02 -16 -2016 Executive Summary 2) Public Notice appeared in Chatham Star Tribune; 2/24 & 3/2, 2016 3) Letter dated 02 -03 -2016 from Director of Code Compliance 4) Proposed Revision to Sec. 35 -819 of PC Zoning Code REVIEWED BY: BACKGROUND: The Pittsylvania County Planning Commission held a public hearing on Tuesday, February 02, 2016 regarding a proposed revision to the Pittsylvania County Zoning Ordinance, Sec. 35 -819; Maintenance and Removal of Signs. (see attached letter.) After duly holding the hearing, the Planning Commission voted 7 to 0 (one member was absent), and with no opposition, to recommend the Board of Supervisors hold a public hearing for citizen input and afterwards, approve the proposed change. Attached is the proposed change. At their meeting on 02 -16 -2016, the Board of Supervisors authorized staff to advertise a public hearing for citizen input on the proposed revision. DISCUSSION: Staff has duly advertised the public hearing notice in the Chatham Star Tribune in its 02 -24 -2016 & 03 -02 -2016 editions; a copy was on display in the County Administrator's office; and the public hearing notice was available on the County's website. RECOMMENDATION: Staff recommends that the Board of Supervisors approve the proposed revision to Sec. 35 -819 of the Pittsylvania County Zoning Code as submitted. P34 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: I AGENDA DATE: Request for Public Hearing — Proposed Revision to 02 -16 -2016 Sec. 35 -819; Maintenance and Removal of Signs, of the Pittsylvania County Zoning Code ACTION: Yes SUBJECT/PROPOSAL/REQUEST: Request for Public Hearing STAFF CONTACT(S): Mr. Monday BACKGROUND: CONSENT AGENDA: ACTION: ITEM NUMBER: 12 INFORMATION: INFORMATION: ATTACHMENTS: 1) Letter dated 02 -03 -2016 from Director of Code Compliance 2) Proposed Revision to Sec. 35 -819 of PC Zoning Code REVIEWED BY: DISCUSSION: The Pittsylvania County Planning Commission held a public hearing on Tuesday, February 02, 2016 regarding a proposed revision to the Pittsylvania County Zoning Ordinance, Sec. 35 -319; Maintenance and Removal of Signs. (see attached letter.) After duly holding the hearing, the Planning Commission voted 7 to 0 (one member was absent), and with no opposition, to recommend the Board of Supervisors hold a public hearing for citizen input and afterwards, approve the proposed change. Attached is the proposed change. RECOMMENDATION: Staff recommends that the Board of Supervisors authorize the County Administrator to advertise a public hearing for citizen input on the proposed revision to the Pittsylvania County Zoning Ordinance, Sec. 35 -319; Maintenance and Removal of Signs, to be held on Tuesday, March 15, 2016. P35 oG6325§ «§pw }y g®7/={') /\/ \\ \ \\ / © ° °®° % moo =o oe > o7E5 ——p a � f / § o ——=. /2///2 Z 5 0 > § °�� Qa§22 g=o < o 9C4 00 \\± \E{§£ /f /- - -- \ -� � [\\ /0c"8 / 9 ® /\k0)0)> �o -0C C3 = )g\g\g=�� /m >Uq) � /k®/ R33 /\&ƒ ¥U0 /o\moo,m��D 5f) /)\�j&33 o 0 22%4e % /7\a/ D j�G�2\2f\k0 m� \ / � M -0 0 /E£5#23G <fo= PrIT I SYLVANIA COUNTY VIRGINIA qs L Department of Code Compliance 44t y Phone Numbers: P.O. Drawer D a C Inspections (434) 432 -7750 Chatham, Virginia 24531 ❑ Zoning ( 434 ) 432 -1771 < N Y Fax (434) 432 -7919 Odic H. Shelton, Jr., Director MEMORANDUM TO: Clarence C. Monday, County Administrator swd9? FROM: Odie H. Shelton, Jr., Director of Code Compliance DATE: February 3, 2016 SUBJECT: Amendment to the Zoning Ordinance The Pittsylvania County Planning Commission held a public hearing on Tuesday, February 2, 2016, regarding the proposed amendment, as advertised in the Star Tribune on January 20 and 27, 2016, to the Pittsylvania Countv Zonin¢ Ordinance. Chanter 35- Zonin¢. SEC .35 -819. MAINTENANCE_ AND REMOVAL OF SIGNS. to delete the followine: The Planning Commission recommended by a 7 to 0 vote (one (1) member was absent), with no opposition, that the Board of Supervisors approve the proposed change. As requested, your memorandum dated February 2, 2016, regarding Execution of Model of Excellence Member .Statement was presented to the Planning Commission members at the public hearing held on February 2, 2016. Should you have any questions regarding this matter, please feel free to contact me at any time. OHS. Jr. /khb C: J. Vaden Hunt, County Attorney Greg Sides, Assistant County Administrator P37 1 w z i � f (HIGHLIGHTED SECTION TO BE DELETED) P38 PROPOSED REVISION TO SEC. 35 -819 OF THE PITTSYLVANIA COUNTY ZONING ORDINANCE SEC. 35-819. MAINTENANCE AND REMOVAL OF SIGNS. Any sign erected in compliance with this Section shall be maintained at all times by the applicant up to the time of the hearing ot" it shall -the duoo tgr4he gppiieanr &tfke- hear-ingM prtrve #jy affidaviF that he retiH+irer�reWef !loss seetirrrt mi fats or sign eyr4o -!he titneref- tke- *earing. It shall be unlawful for any person, except the applicant or the Zoning Administrator or an authorized agent of either, to remove or tamper with any sign furnished during the period it is required to be maintained under this Section. All signs erected under this Section shall be removed by the applicant within fourteen (14) days following the public hearing for which it was erected. P39 OFFICE OF ZONING /CODE COMPLIANCE P.O. Drawer D, Chatham, Virginia 24531 SIGN AFFIDAVIT (434) 432 -1771 (434) 432 -7919 FA Sec. 35 -817. POSTING OF PROPERTY - PUNNING COMMISSION HEARING - At least fourteen (14) days preceding the Commission's public hearing on a zoning map amendment, there sl erected on the property proposed to be rezoned, a sign or signs provided by the Zoning Administrator indica6 date, time, and place of the public hearing. The sign shall be erected within ten (10) feet of whatever boundary I such land abuts a public road and shall be so placed as to be clearly visible from the road with the bottom of th not less than two and one -half (2 1/2) feet above the ground. If more than one (1) such road abuts the property, sign shall be erected in the same manner as above for each such abutting road. If no public road abuts thereon signs shall be erected in the same manner as above on at least two (2) boundaries of the property abutting lan owned by the applicant Sec. 35 -818. POSTING OF PROPERTY - BOARD OF SUPERVISORS HEARING - When a public hearing has been scheduled before the Board of Supervisors for a Zoning Map amendment, there be erected, at least fourteen (14) days preceding such hearing, a sign or signs provided by the Zoning Adminis indicating the date, time and place of the public hearing. Such sign or signs shall be erected in the same mans prescribed in Section 35 -817 above. Sec. 35 -819. MAINTENANCE AND REMOVAL OF SIGNS. Any sign erected in compliance with this section shall be maintained at all times by the applicant up to the time c hearing. :I It sh unlawful for any person, except the applicant or the Zoning Administrator or an authorized agent of either, to re or tamper with any sign furnished during the period it is required to be maintained under this Section. All signs er under this Section shall be removed by the applicant within fourteen (14) days following the public hearing for wh was erected. I have read and understand Sections 35 -817, 35 -818, and 35 -819 of the Pittsylvania County Zoning Ordinan understand it is my responsibility to post, maintain and remove this /these sign or signs, according to Section 35 Section 35 -818, and 35 -819. If this sign is removed or destroyed, I understand it is my responsibility to obtain an; sign from the Zoning office, post the property and maintain the sign(s), according to the above Sections o Pittsylvania County Zoning Ordinance. Should the property not be posted and the signs) rrmairusined as required above, P understand the board defer the case. Applicant Sworn to and subscribed before we in my presence this day of Notary Pubbc. My commission Expires:_ Bachelors HallMhitmell (434) 797 -9550 P40 Date in my City and State aforesaid, by Gretna/Hurt (434)656 -6211 PRESENTATIONS P41 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Report from Agricultural Development Board SUBJECT/PROPOSAL/REQUEST: Presentation STAFF CONTACT(S): Mr. Monday BACKGROUND: AGENDA DATE: 03 -15 -2016 ACTION: CONSENT AGENDA: ACTION: ATTACHMENTS: No REVIEWED BY: 0112 ITEM NUMBER: 8 INFORMATION: Yes INFORMATION: DISCUSSION: Mr. Jay Calhoun, Chairman of the Agricultural Development Board (ADB), will present an ADB report to the Board of Supervisors. Staff submits this to the Board of Supervisors for their review and consideration. P42 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Community Policy Management Team Attendance Report CPMT Attendance Report & CPMT Member Letter of Mitigating Circumstances STAFF CONTACT(SI: Mr. Monday; Ms. Millner AGENDA DATE: 03/15/2016 ACTION: CONSENT AGENDA: ACTION: ITEM NUMBER: 9 INFORMATION: INFORMATION: ATTACHMENTS: 2015 CPMT Attendance Log 2016 CPMT Attendance Log K. Plumb Letter of Mitigating Circumstances &-V; Resolution 2014 -03 -01 was adopted by the Pittsylvania County Board of Supervisors on March 3, 2014. Pittsylvania County Board of Supervisors agreed to appoint CPMT members for fiscal year terms, each June. Pittsylvania County Board of Supervisors shall also appoint the following members to the Pittsylvania County Community Policy Management Team: County Government Official (elected or appointed), Representative of Pittsylvania County Sheriffs Office, Parent Representative, and Representative of a Private Organization. Resolution 2014- 10 -02: "CPMT members shall attend 75% of regularly scheduled meetings unless mitigating circumstances are approved by the Pittsylvania County Board of Supervisors. Katie Millner, CSA Coordinator, will present the Community Policy Management Team (CPMT) quarterly attendance record. As of current, all members of the Community Policy Management Team (CPMT) are currently in compliance with BOS Resolution 2014 -10 -02 for Calendar Year 2016. Health Department representative Kathryn Plumb missed her fourth CPMT meeting on December 17, 2015. Presented for your consideration for approval is a letter from Ms. Plumb stating that she missed the meeting due to her upcoming retirement from the Pittsylvania- Danville Health District. RECOMMENDATION: Approval of Mitigating Circumstances for Kathryn Plumb's absence at December 2015 CPMT Meeting. 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C O N C c N v d` a A N - 2 3 = m N d— W Y c c d T q u V 3 L A E c °1 '—' c E '� E r> x c y ! n c 6 x a ec o G p m �i O m _ W p L � N > C 0 Q. uLi i0 a S a 1-O N^ �D N 0 m N P45 I c d d `n 0 C N d a Cd G u C a m v 2 O �u v' c m d c `u Q r a u i pN P t N 0 0 0 m i' c O V R �C A 6 d L a °d 0 c a m d `n m V C E u y C .q m d c E E d d V 2 `m d 0 2° n C d m A L d E E r f U w N 0 O C December 28, 2015 TO: Pittsylvania County Board of Supervisors FROM: Kathryn S. Plumb, B.S.N., M.ED Nurse Manager, Pittsylvania Danville Health District SUBJECT: CPMT Attendance Mitigating Circumstances for lack of attendance at the December CPMT meeting; Mandatory District Emergency Preparedness Training. I am retiring from the Pittsylvania- Danville Health District on January 29, 2015. It has been a learning experience to work with the CPMT and a joy to see their care for some of the Communities most vulnerable citizens. P46 NEW BUSINESS P47 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Recommendations from Personnel Committee SUBJECT/PROPOSAL/REQUEST: Committee Recommendations STAFF CONTACT(S): Mr. Monday BACKGROUND: AGENDA DATE: 03 -15 -2016 ACTION: Yes CONSENT AGENDA: ACTION: ITEM NUMBER: 10(a) INFORMATION: INFORMATION: ATTACHMENTS: 1) 03 -09 -2016 Personnel Committee Agenda DISCUSSION: The Personnel Committee met on March 9, 2016 at 4:00 PM. Any recommendations from the Personnel Committee will be presented to the full Board of Supervisors. RECOMMENDATION: Staff submits this to the Board of Supervisors for their review and consideration. P48 PERSONNEL COMMITTEE Pittsylvania County Board of Supervisors Wednesday, March 9, 2016 4:00 PM Board of Supervisors Conference Room County Administration Building 1 Center Street, Chatham, Virginia AGENDA 1. Call to Order — 4:00 p.m. 2. Roll Call 3. Approval of Agenda CLOSED SESSION 4. Discussion or consideration of assignment, promotion, performance or salaries of specific employees of a public body. Authority: §2.2- 3711(A)(1) of the Code of Virginia, 1950, as amended Subject Matter: County Attorney Purpose: Annual Performance Review 5. Discussion or consideration of assignment, promotion, performance or salaries of specific employees of a public body. Authority: §2.2- 3711(A)(1) of the Code of Virginia, 1950, as amended Subject Matter: County Administrator Purpose: Employment Contract 6. Return to Open Session and Certification ADJOURNMENT P49 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Recommendations from Legislative Committee SUBJECT/PROPOSAL/REQUEST: Committee Recommendations STAFF CONTACT(S): Mr. Monday BACKGROUND: AGENDA DATE: 03 -15 -2016 ACTION: Yes CONSENT AGENDA: ACTION: ITEM NUMBER: 10(b) INFORMATION: INFORMATION: ATTACHMENTS: 1) 03 -15 -2016 Legislative Committee Agenda REVIEWED BY: CJ "�7 DISCUSSION: The Legislative Committee met on March 15, 2016 at 5:00 PM. Any recommendations from the Legislative Committee will be presented to the full Board of Supervisors. RECOMMENDATION: Staff submits this to the Board of Supervisors for their review and consideration. P50 LEGISLATIVE COMMITTEE Pittsylvania County Board of Supervisors Tuesday, March 15, 2016 5:00 PM Board of Supervisors Conference Room County Administration Building 1 Center Street, Chatham, Virginia AGENDA 1. Call to Order — 5:00 p.m. 2. Roll Call 3. Approval of Agenda NEW BUSINESS 4. Statement of Economic Interest & Annual Filing Requirements —Mr. Hunt 5. Model of Excellence Form —Mr. Hunt 6. Board of Supervisors Agenda & Public Meeting Notice — Mr. Monday & Mr. Hunt 7. Discussion of Solar Panel Use /Restrictions — The Honorable Joe Davis; Mr. Sides, Mr. Shelton, & Mr. Hunt 8. Taxicab Ordinance — The Honorable Shirley Hammock 9. Other Items of Discussion - TBD 10. Recommendations to the Board of Supervisors ADJOURNMENT P51 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Land Use Permit Application (for Watch for Children signs) & Resolution 2016 -03 -03 to Virginia Department of Transportation (VDOT) SUBJECT/PROPOSAL/REQUEST: Application & Resolution STAFF CONTACT(S): Mr. Monday; Mr. Sides AGENDA DATE: 03 -15 -2016 ACTION: Yes CONSENT AGENDA: ACTION: ITEM NUMBER: II INFORMATION: INFORMATION: ATTACHMENTS: 1) VDOT Land Use Permit; LUP- A 2) Resolution 2016 -03 -03 3) VDOT Land Use Permit; LUP -ESCCC (_` BACKGROUND: In December 2015, the Board of Supervisors began discussions with VDOT representatives on requests by citizens for Watch for Children signs. VDOT explained the County would need to file Land Use Permits (to include an adopted resolution) with VDOT as the first step. VDOT would also need to approve the location of such a sign. The Board of Supervisors directed Staff to begin the application process. DISCUSSION: Attached hereto is the VDOT Land Use Permit Application (LUP -A), the required resolution - Resolution 2016- 03-03; and the VDOT Land Use Permit Erosion & Sediment Control Contractor Certification (LUP - ESCCC). There is a required $100 application fee to accompany the permit application. RECOMMENDATION: Staff recommends the Board of Supervisors make two (2) separate motions to: 1) Approve submission of the Land Use Permit Application, and authorize the County Administrator to sign all necessary documentation; and 2) Approve Resolution 2016- 03 -03. Resolution 2016 -03 -03 will require a Roll Call Vote. P52 VDOT LAND USE PERMIT LUP -A Land Use Permit Application September 24, 2014 OF 1/,��rniw APPLICATION is hereby made for permit as shown on the accompanying plan or sketch and as described below. Said aclivtty(s) will be done under and in accordance with the rules and regulations of the Commonwealth Transportation Boartl of Virginia, in so far as said rules are applicable thereto and any agreement between the parties herein before referred to. Where applicable agreements may be attached and made a part of the permit assembly including any Cast responsibilities covering work under permit. Applicant agrees to maintain work in a manner as approved upon its completion. Applicant also hereby agrees and is bound and held responsible to the owner for any and all damages to any other installations already in place as a result of work covered by resulting permit. Applicants to whom permits are issued shall at all times indemnify and save harmless the Commonwealth Transportation Board members of the Board the Commonwealth and all Commonwealth employees, agents, and offices, from responsibility, damage. or liability arising from the exercise of the privileges granted in such permit to the extent allowed by law. In consideration of the issuance of a permit the applicant agrees to waive for itself, successors in interest or assigns any entitlements it may otherwise have or have hereafter under the Uniform Relocation and Assistant Aol of 1972 as amended in event the Department or its successor, chooses to exercise its acknowledged right to demand or Cause the removal of any or all fixtures, personality of whatever kind or description that may hereafter be located, should this application be approved. Tvoe or print clear] Applicant Driver's license or Tax ID No. 54- 6001508 Contact Name Otis Hawker Owner Name Pittsylvania County E -mail Address otis.hawker @pittgov.org Address P In nr„r A26 Telephone Number( AIA ) 41? - 176R city Chatham State yA_Zip Code 24531 Emergency Telephone Number( ) Fax Number( ) Agent Driver's license or Tax ID No. Contact Name Agent Name E -mail Address Address Telephone Number ( ) City State _Zip Code Emergency Telephone Number ( ) - Fax Number () - Permit Term Requested Fees Enclosed $ /06 • CZ ChheckNumber Coupon Number(s) Money Order Other Estimated cost of work to be performed on VDOT Right of Way $ Surety Information: Surety Posted by: Owner [ ] Agent [ ] Surety Refund to: Owner [ ] Agent [ ] Surety Waived [ ] Amount of Surety $ Obligation Amount $ Check # Surety Company Name Bond # [ ] LUP -CS CASH SURETY AFFIDAVIT PROVIDED FOR CASH SURETY Add licant has Provided proof of the f Ilowin red untinytinut in accordance fin in 1151.1 of the Code of Villain (1) The utility company has registered as an operator with the appropriate notification center. (2) Attached Is a notarized affidavil, slating that the utility owner has notified the commercial and residential developer, owner of commercial or multifamily real estate, or local government entities with a property interest in any parcel of land located adjacent to the property over which the land use Is being requested that application for the permit has been made Request oermission to perform the followina activity(s): as per attached plans. ""�� n. Location: [ ..o,nty [ , ��)I ] Town [ ] City of /t?3�,�Yr9N � !J Route No. Street Name Latitude Longitude Tax Map Number Applicant Job No. Between Route No. Street Name and Route No. Street Name [ ] IF APPLICABLE, I AGREE TO PAY THE FULL SALARY AND EXPENSES OF A STATE ASSIGNED INSPECTOR IN CONJUNCTION WITH ACTIVITIES AUTHORIZED UNDER THE AUSPICES OF A VDOT LAND USE PERMIT Signature of Applicant: Signature of Agent: _ _ Title Title _ Date Date All applicable items on this form must be Completed to avoid delay in processing the issuance of a VDOT Land Use Persil. Prepayment required with remittance payable to Virginia Department of Transportation. VDOT USE ONLY Receipt is hereby acknowledged for: CHECK No. COUPON In the Amount of $ for PERMIT FEE $ Authorized VDOT Signature: P53 MONEY ORDER No. CASH SURETY $ Date: YDDT LAND USE PERMIT LUP -SPG Special Provisions - General September 15, 2015 Permittee Agreement for Land Use Permit Issuance I the undersigned hereby acknowledge that I am fully cognizant of all of the following requirements associated with the issuance of a VDOT Land Use Permit: Applicant Name: Pittsylvania County — Applicant / Property Owner Signature: Agent / Contractor Signature: Project Name: District: LYkJL9 County: f' A1ANj/a Route Number: VDOT Land Use Permit Required by Law The General Rules and Regulations of the Commonwealth Transportation Board provide that no work of any nature shall be performed on any real property under the ownership, control, or jurisdiction of VDOT until written permission has been obtained from VDOT. Written permission is granted for the above - referenced activity through the issuance of a land use permit. By issuing a permit, VDOT is giving permission only for whatever rights it has in the right -of -way; the permittee is responsible for obtaining permission from others who may also have an interest in the property. The permittee will be civilly liable to the Commonwealth for expenses and damages incurred by VDOT as a result of violation of any of the rules and regulations of this chapter. Violators shall be guilty of a misdemeanor and, upon conviction, shall be punished as provided for in §33.2 -210 of the Code of Virginia. Any of the following provisions that may apply, shall apply General Requirements 1) Permittee acceptance and use of a Virginia Department of Transportation (VDOT) land use permit is prima facie evidence that the permittee has read and is fully cognizant of all required permit provisions, applicable traffic control plans and associated construction standards to be employed. All applicants to whom permits are issued shall at all times indemnify and save harmless the Commonwealth Transportation Board, members of the Board, the Commonwealth, and all Commonwealth employees, agents, and officers, from responsibility, damage, or liability arising from the exercise of the privileges granted in such permit to the extent allowed by law including any sums ordered to be paid or expended by VDOT by any governmental entity as a fine, penalty or damages for any violation of any applicable environmental law, or to remediate any hazardous or other material, including illicit discharge into VDOT maintained storm sewer systems. 2) The permittee assumes full responsibility for any and all (downstream flooding, erosion, siltation, etc.) damages that may occur as a result of the work performed under this permit. Furthermore, the Department will in no way be responsible for any damage to the facility being placed as a result of future maintenance or construction activities performed by the Department. P54 3) The permittee agrees to move, remove, alter, or change any installation that interferes with the ultimate construction of the highway in alignment or grade at no cost to the Department unless otherwise stipulated and agreed to by the Department. 4) The permittee shall immediately correct any situation that may arise as a result of these activities that the district administrator's designee deems hazardous to the traveling public. 5) Any and all highway signs, right -of -way markers, etc., disturbed as a result of work performed under the auspices of a land use permit shall be accurately reset by the permittee immediately following the work in the vicinity of the disturbed facility. The services of a certified land surveyor with experience in route surveying may be required. 6) It shall be the permittee's responsibility to obtain any and all necessary permits that may be required by any other government agencies, i.e., U.S. Army Corp. of Engineers, Department of Environmental Quality, Department of Conservation and Recreation, etc. 7) A copy of the VDOT land use permit shall be maintained at the work site and made readily available for inspection when requested by authorized VDOT personnel. 8) The permittee shall notify the local district permit office at least 48 hours prior to commencement of any work requiring inspection and /or testing as stipulated in VDOT's Road and Bridge Standards (current edition) and VDOT's Road and Bridge Specifications (current edition). Failure to carry out this requirement may result in permit revocation. 9) The permittee or their agent must contact the VDOT Customer Service Center at 1- 800 - 367 -7623 a minimum of 48 hours prior to initiating any planned excavation within 1,000 feet of a signalized intersection and /or near VDOT ITS infrastructure. Excavation activities may proceed only after the VDOT regional utility location agent has notified the permittee that the utility marking has been completed. Alternately, within all localities in the Northern Virginia Construction District, including the Counties of Arlington, Fairfax, Loudoun & Prince William, the Cities of Alexandria, Fairfax, Falls Church, Manassas and Manassas Park, and the Towns of Clifton, Dumfries, Hamilton, Haymarket, Herndon, Hillsboro, Leesburg, Lovettsville, Middleburg, Occoquan, Purcellville, Quantico, Round Hill and Vienna, and on Interstate 95 in the counties of Stafford, Spotsylvania and Caroline, the permittee may request VDOT regional utility marking at: http://www.vdotutilitymarking.virginia.gov Failure to carry out this requirement may result in permit revocation. 10) The permittee shall to notify "Miss Utility" (or each operator of an underground utility where no notification center exists) of any planned excavation within state maintained right -of -way. This notification must be provided at least 48 hours (excluding weekends and holidays) in advance of commencing with any planned excavation within state maintained right -of -way. Failure to carry out this requirement may result in permit revocation. 11) It is the duty of the district administrator's designee to keep all roads maintained in a safe and travelable condition at all times. Therefore, any permit may be denied, revoked or suspended when in the opinion of the district administrator's designee, the safety, use or maintenance of the highway so requires. 12) The permittee shall at all times give strict attention to the safety and rights of the traveling public, their employees and themselves. VDOT reserves the right to stop work at anytime due to safety problems and /or non - compliance with the terms of the permit. The Department may, at its discretion, complete any of the work covered in the permit or restore the right -of -way to the department's standards and invoice the permittee for the actual cost of such work. The permittee may be required to move, alter, change or remove from state maintained right -of -way, in a satisfactory manner, any installation made under this permit. 13) All work authorized under the auspices of a VDOT land use permit shall be subject to VDOT's direction and be in accordance with VDOT's Road and Bridge Standards (current edition) and VDOT's Road and Bridge Specifications (current edition). P55 14) Design changes, specified material changes and /or field changes from the approved plans shall be submitted to the appropriate district administrators designee for review and approval prior to proceeding with the proposed changes. This submittal shall include written justification, supplemental documentation and /or engineering calculations that support the requested changes. 15) The permittee shall meet or exceed the existing pavement design and typical section when constructing pavement widening adjacent to an existing state maintained roadway. The proposed pavement design and typical section shall be approved by the district administrator's designee prior to commencing with any work within state maintained right -of -way. All pavement widening shall be in accordance with VDOT's Road and Bridge Standard 303.02. 16) Within the limits of a VDOT construction project it is the responsibility of the permit applicant to obtain the contractor's consent in writing prior to permit issuance. Information regarding current and /or planned VDOT construction and maintenance activities can be obtained at: http: / /www.virginiaroads.org/. Insurance Requirements (excluding County. Town or Cityl The permittee or their agent shall secure and maintain insurance to protect against liability for personal injury and property damage that may arise from the activities performed under the authority of a land use permit and from the operation of the permitted activity up to one million dollars ($ 1,000,000) each occurrence to protect the Board members and the Department's agents or employees; seventy -five thousand dollars ($75,000) each occurrence to protect the Board, the Department, or the Commonwealth in event of suit. Insurance must be obtained prior to start of the permitted work and shall remain valid through the permit completion date. VDOT staff may require a valid certificate or letter of insurance from the issuing insurance agent or agency prior to issuing the land use permit. Traffic Control and Safety 1) The permittee shall at all times give strict attention to the safety and rights of the traveling public, their employees, and contractors. Any permit may be revoked or suspended when in the opinion of the district administrator's designee, the safety, use or maintenance of the highway so requires. 2) In accordance with the Virginia Department of Transportation (VDOT) Road and Bridge Specification special Provision 105.14 all activities performed under the auspices of a VDOT Land Use Permit involving the installation, maintenance and removal of work zone traffic control devices must have at least one (1) person on -site who, at a minimum, is accredited by VDOT in Basic Work Zone Traffic Control. The accredited person must have their VDOT Work Zone Traffic Control accreditation card in their possession while on -site. 3) A person accredited by VDOT in Intermediate Work Zone Traffic Control must be on -site to provide supervision for adjustment to the approved layout of any standard Typical Traffic Control (TTC) layouts outlined in the Virginia Work Area Protection Manual. 4) All traffic control plans shall be prepared by a person verified by VDOT in Advanced Work Zone Traffic Control. 5) All activities that require the disruption (stoppage) of traffic shall utilize VDOT certified flaggers. Flag persons shall be provided in sufficient number and locations as necessary for control and protection of vehicular and pedestrian traffic in accordance with the Virginia Work Area Protection Manual. All flaggers must have their certification card in their possession when performing flagging operations within state maintained right -of- way. Any flag person found not in possession of his /her certification card shall be removed from the flagging site and the district administrator's designee will suspend all permitted activities. 6) Any VDOT certified flag person found to be performing their duties improperly shall have their certification revoked. P56 7) The permittee shall be exempt from the requirements of Virginia Department of Transportation (VDOT) Road and Bridge Specification Special Provision 105.14 if the authorized activity is not within the roadway (as defined in 24VAC30 -151) of a state maintained highway. 8) Traffic shall not be blocked or detoured without permission, documented in writing or electronic communication, being granted by the district administrator's designee. 9) The permittee shall immediately correct any situation that may arise as a result of these activities that the district administrator's designee deems hazardous to the traveling public. 10) During authorized activities, the permittee shall furnish all necessary signs, flag persons and other devices to provide for the protection of traffic and workers in accordance with the Virginia Work Area Protection Manual or as directed by the district administrator's designee. 11) All signs shall be in accordance with the current edition of the Manual of Uniform Traffic Control Devices (MUTCD). 12) All lane or shoulder closures on highways in the Northern Virginia construction district classified as arterial or collector routes must be authorized, documented in writing or by electronic communication by the VDOT Transportation Operations Center (NRO /TOC). 13) The permittee shall notify the following appropriate VDOT Transportation Operations Center (TOC) 30 minutes prior to the installation of a lane closure or shoulder closure on non - limited access primary routes and within 30 minutes of removing the lane or shoulder closure: • Eastern Region (757) 424 -9920: All localities within the Hampton Roads construction district excluding Greenville County and Sussex County • Northern Virginia (703) 877 -3401: All localities within the NOVA construction district including Spotsylvania County and Stafford County • Central Region (804) 796 -4520: All localities within the Richmond construction district including Greenville County and Sussex County. All localities within the Fredericksburg district excluding Spotsylvania County and Stafford County • SW Region (540) 375 -0170: All localities within the Salem, Bristol, and Lynchburg construction districts • NW Region (540) 332 -9500: All localities within the Staunton and Culpeper construction districts Authorized Hours and Days of Work Normal hours for work under the authority of a VDOT land use permit are from 9:00 a.m. to 3:30 p.m. for all highways classified as arterial or collector. All highways classified as local roads will have unrestricted work hours and days. The district administrator's designee may establish alternate time restrictions in normal working hours for single use permits. The central office permit manager may establish alternate time restrictions in normal working hours for district - wide permits. The classifications for all state maintained highways can be found at the following link: http: / /www.virginiadot.org /projects /fxn class /maps.asp H P57 Emergency, Repair In the event of an emergency situation that requires immediate action to protect persons or property, work may proceed within the right -of -way without authorization from the district administrator's designee; however, the utility owner must contact the VDOT Emergency Operations Center as soon as reasonably possible but no later than 48 hours after the end of the emergency situation. The utility owner must apply for a separate land use permit from the local district permit office for any emergency work performed on state maintained right -of -way when the following actions are proposed: • Stopping or impeding highway travel in excess of 15 minutes, or, • Accessing facilities within limited access right -of -way, or, • Cutting the highway pavement or shoulders. The district administrator's designee shall determine the applicable permit fee for emergency repair permits. Holidav Restrictions Permitted non - emergency work will not be allowed on arterial and collector highway classifications from noon on the preceding weekday through the following state observed holidays: New year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. If the observed holiday falls on a Monday, the permit will not be valid from noon on the preceding Friday through noon on Tuesday. Excavation All excavation within state maintained rights -of -way shall comply with OSHA Technical Manual, Chapter 2, Title Excavation: Hazard Recognition in Trenching and Shoring. A professional engineer shall certify all shoring and /or trench boxes. No excavated material is to be placed or tracked on the pavement without written permission from the District Administrator's designee. When so authorized, the pavement shall be satisfactorily cleaned by a VDOT approved method. No cleated (track- mounted) equipment is to be used on the pavement without properly protecting the pavement from damage. Inspection and Restoration 1) Inspection and testing of all backfill and pavement sections shall be performed in accordance with all applicable sections of VDOT's Road and Bridge Specifications (current edition). 2) If during or before construction it is deemed necessary for the local district permit office to assign an inspector to the project, the permittee shall pay the Department an additional inspection fee in an amount that will cover the salary, expense allowance, and mileage allowance for the inspection(s) assigned by the Department for handling work covered by this permit. Said inspection fee shall be paid promptly each month on invoices rendered by the Department. 3) It shall be the decision of the district administrator's designee whether to assign an inspector to monitor the placement of all backfill and pavement restoration activities. 4) The absence of a VDOT inspector does not in any way relieve the permittee of their responsibility to perform the work in accordance with the approved plans, provisions of the attached permit, VDOT's Road and Bridge Standards (current edition) and VDOT's Road and Bridge Specifications (current edition). P58 5) The permittee shall be responsible for any settlement of all backfill or pavement restoration necessitated by authorized excavation activities for a period of two (2) years after the completion date of permit, and for the continuing maintenance of the facilities placed within the highway right -of -way. A one (1) year restoration warranty period may be considered, provided the permittee adheres to the following criteria: • The permittee retains the services of a professional engineer (or certified technician under the direction of the professional engineer) to observe the placement of all backfill and pavement restoration. • The professional engineer (or certified technician under the direction of the professional engineer) performs any required inspection and testing in accordance with all applicable sections of VDOT's Road and Bridge Specifications. • The professional engineer submits all testing reports for review and approval, and provides written certification that all restoration procedures have been completed in accordance with all applicable sections of VDOT's Road and Bridge Specifications prior to completion of the work authorized by the permit. 6) Whenever existing pavement is permitted to be cut, not over one -half of the roadway width shall be disturbed at one time and the first open cut trench section shall be satisfactorily restored to allow for the passage of traffic prior to the second half of the roadway surface can be disturbed. 7) All crossing of existing pavement shall be bored, pushed or jacked an appropriate distance from the edge -of- pavement so as not to impede the normal flow of traffic or damage the existing pavement section. Existing pavement shall not be cut unless approved by the district administrator's designee and then only if justifiable circumstances prevail or proof is shown that a thorough attempt has been made to push, bore or jack. 8) Authorized daily trench excavation within pavement sections shall not exceed 500 feet in length. 9) Pavement restoration shall be in accordance with the VDOT LUP -OC Pavement Open Cut Special Provisions. This document can also be found at: http://www.virginiadot.org/business/bu-landUsePermits.aso 10) Where the pavement is disturbed or deemed weakened in its entirety or such portions as deemed desirable by the Department, the pavement shall be restored or replaced in a manner that is satisfactory to the district administrator's designee. Environmental 1) In accordance with the Virginia Department of Transportation (VDOT) Road and Bridge Specification §107.16 all contractors performing regulated land disturbing activities within VDOT right -of -way must have at least one (1) employee that has successfully completed the VDOT Erosion & Sediment Control Contractor Certification training. This person shall be on site during all land disturbance activities and will be responsible for insuring compliance with all applicable local, state and federal erosion and sediment control regulations during land disturbance activities. This person must have their certification card with them while on the project site. The land use permit will be suspended if proof of certification cannot be provided. Regulated land disturbing activities are defined as those activities that disturb 2,500 square feet or greater in Tidewater, Virginia or 10,000 square feet or greater in all other areas of the State. The Department will require evidence of this certification with any land use permit application that involves utility and /or commercial right of way improvement. Improper installation, maintenance and removal of erosion and sediment control devices may result in revocation of VDOT Erosion & Sediment Control Contractor Certification. 2) The permittee is responsible for pursuing and obtaining any and all environmental permits which may be required to pursue the proposed activity prior to any work beginning within state maintained right -of -way. P59 3) In the event hazardous materials or underground storage tanks are encountered within state maintained right -of -way during authorized activities, the permittee shall suspend all work immediately then notify the local district permit office and other responsible parties, i.e., the local fire department, emergency services, Department of Environmental Quality, etc. The permittee is responsible for coordination and completion of all required remediation necessary to complete the permitted activities within the state maintained right -of- way. The permittee shall provide evidence of such compliance to the local district permit office prior to recommencement of permitted activities. 4) In the event cultural resources, archaeological, paleontological, and /or rare minerals are encountered within the right of way during authorized activities, the permittee shall suspend all work immediately then notify the local district permit office and the proper state authority charged with the responsibility for investigation and evaluation of such finds. The permittee will meet all necessary requirements for resolving any conflicts prior to continuing with the proposed activities within the state maintained right -of -way, and shall provide evidence of such compliance to the local district permit office. 5) Roadway drainage shall not be blocked or diverted. The shoulders, ditches, roadside, drainage facilities and pavement shall be kept in an operable condition satisfactory to the Department. Necessary precautions shall be taken by the permittee to insure against siltation of adjacent properties, streams, etc., in accordance with VDOT's current standards or as prescribed by the Department's Environmental Manual and the district administrator's designee. Entrances 1) VDOT's authority to regulate highway entrances is provided in §, §33.2 -240 and 33.2 -241 of the Code of Virginia and its authority to make regulations concerning the use of highways generally is provided in §33_2- 210 of the Code of Virginia. Regulations regarding entrances are set forth in VDOT's regulations promulgated pursuant to §33.2 -245 of the Code of Virginia. 2) The permittee shall be responsible for the design and installation of a private entrance under the auspices of a VDOT land use permit however the permittee may request that VDOT forces install the private entrance at the permittee's expense. 3) Street connections, private entrances, and construction entrances shall be kept in satisfactory condition during all activities authorized under the auspices of a VDOT land use permit. Entrances shall not be blocked. Ample provisions must be made to provide safe ingress and egress to adjacent properties at all times. Entrances that are disturbed shall be restored to the satisfaction of the property owner and the district administrator's designee. Utilities 1) Prior to any excavation, the permittee shall comply with the terms of Title 56, Chapter 10.3 of the Underground Utility Damage Prevention Act and §56- 265.14 through §56- 265.20 of the Code of Virginia. This permit does not grant permission to grade on or near property of others, or, adjust or disturb in anyway existing utility poles or underground facilities within the permitted area. Permission to do so must be obtained from the impacted utility company and any expense involved shall be borne by the permittee. Any conflicts with existing utility facilities must be resolved between the permittee and the utility owner(s) involved. 2) All underground utility installations within limited access right -of -way shall have a minimum of 36 inches of cover. All underground utilities within non - limited access right -of -way will require a minimum of 36 inches of cover, except underground cables that provide telecommunications service shall be at a minimum of 30 inches of cover. P60 3) Where feasible, all aboveground installations (such as fire hydrants, telephone pedestals, markers, etc.) shall be located adjacent to the outside edge of the right -of -way line and in accordance with minimum clear zone requirements. All manhole covers, valve box, etc., shall be installed two inches below existing ground line and shall conform to existing contours. 4) No poles, guys, anchors, etc., are to be placed on state maintained right -of -way unless authorized under the auspices of a VDOT land use permit. At no time will any such facilities be allowed between the ditch line and the traveled roadway. 5) All overhead installations crossing non - limited access highways shall provide a minimum of 18 feet of vertical clearance or at a minimum height as established by the National Electric Safety Code, whichever is greater. All overhead utility installations within limited access right -of -way shall maintain a minimum of 21 feet of vertical clearance. The vertical clearance for all new overhead parallel installations within non - limited access rights -of- way shall be in compliance with standards as specified in the National Electric Safety Code. Final Inspection and Completion of Permit Upon completion of the work covered by this permit all disturbed areas outside of the roadway prism shall be restored to their original condition as found prior to starting such work. Completion of this permit is contingent upon the permittee's completion of the authorized work in accordance with the approved plan and compliance with all governing bodies involved in the total completion of work on state maintained right -of -way. Upon completion of the work under permit, the permittee shall provide notification, documented in writing or electronic communication, to the district administrator's designee requesting final inspection. This request shall include the permit number, county name, route number and name of the party or parties to whom the permit was issued. The district administrator's designee shall promptly schedule an inspection of the work covered under the permit and advise the permittee of any necessary corrections. Cash Surety Refund By signing this document, I hereby acknowledge the following: 1) Should I owe the Internal Revenue Service or the Commonwealth of Virginia, I may not receive a refund of the cash guarantee provided for the issuance of a VDOT land use permit unless the amount owed is less than the amount of cash guarantee provided. 2) That failure to satisfactorily complete the work authorized under the auspices of a land use permit may also result in the forfeiture of the cash guarantee provided. 3) That I must provide an executed copy of the Commonwealth of Virginia's Substitute Form W -9 to receive a refund of the cash guarantee provided for the issuance of a VDOT land use permit. Permit Revocation At the discretion of the district administrator's designee, a land use permit may be revoked upon written finding that the permittee was not in compliance with all requirements contained herein and /or violated the terms of the permit, or any state and local laws and ordinances regulating activities within the right -of -way. Permittee Notice The preceding provisions are intentionally condensed in format and should not be loosely interpreted by the permittee without consultation with the central office permit manager and affirmation from the Land Use Permit Regulations. P61 pitts;p[bania Countp 38oarb of Ouperbi5ors; RESOLUTION 2016 -03 -03 LAND USE PERMIT RESOLUTION VIRGINIA: At a regular meeting of the Board of Supervisors of Pittsylvania County, Virginia, held in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia on Tuesday, March 15, 2016, the following resolution was presented and adopted: WHEREAS, it becomes necessary from time to time for the Board of Supervisors of County of Pittsylvania, Virginia to obtain land use permits from the Virginia Department of Transportation to install, construct, maintain and operate certain public works and public utilities projects along, across, over and upon highway systems of the Commonwealth of Virginia; and WHEREAS, expense, damage or injury may be sustained by the Commonwealth of Virginia growing out of granting to the Board of Supervisors of Pittsylvania County, Virginia by the Department of Transportation of said permits for the work aforesaid; and NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Pittsylvania County, Virginia this 15fl' day of March, 2016: Section 1: That in accordance with the provision of Section 24VAC30- 151 -720 of the Land Use Permit Regulations of the Virginia Department of Transportation, the Board of Supervisors of Pittsylvania County, Virginia does hereby grant assurances to the Virginia Department of Transportation (VDOT) that it shall in all respects comply with all of the conditions of the permit or permits that have been, or will be, granted to the Board of Supervisors of Pittsylvania County, Virginia and that said jurisdiction does hereby certify that it will cant' liability insurance for personal injury and property damage that may arise from the work performed under permit and/or from the operation of a permitted activity as follows: up to one - million dollars ($1,000,000,000) each occurrence to protect the Commonwealth Transportation Board members and the Virginia Department of Transportation's agents or employees; seventy-five thousand dollars ($75,000) each occurrence to protect the Commonwealth Transportation Board, the Virginia Department of Transportation or the Commonwealth of Virginia in the event of suit. Section 2: That the County Administrator, Chair for the Board of Supervisors, or their designee, be, and hereby is authorized to execute on behalf of the Board of Supervisors for Pittsylvania County, Virginia all land use permits and related documents of the Virginia Department of Transportation. P62 Section 3: That is resolution shall be a continuing resolution and shall not be revoked until and until sixty (60) days written notice of any proposed revocation be submitted to the Virginia Department of Transportation. Section 4: That the Board of Supervisors for Pittsylvania County, Virginia shall, if requested by the Virginia Department of Transportation, provide a letter that commits to using the surety provided by its contractor or to have the contractor execute a dual obligation rider that adds the Virginia Department of Transportation as an additional obligee to the surety bond provided to the locality, with either of these options guaranteeing the work performed within state maintained right -of -way under the terms of the land use permit for that purpose. BE IT STILL RESOLVED that all the County Administrator, Chair for the Board of Supervisors for Pittsylvania County, Virginia, or their designee, be, and hereby is authorized and directed to procure insurance required by Section 1 herein. The foregoing Resolution was adopted by the Board of Supervisors for Pittsylvania County, Virginia at its adjourned meeting held on Tuesday, March 15, 2016 in Chatham, Virginia. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS Jessie L. Barksdale, Chair ATTEST: Clarence C. Monday, Clerk/County Administrator Vote Jessie L. Barksdale, Chair Elton W. Blackstock, Vice -Chair Joe B. Davis Ronald S. Scearce Robert W. Warren Jerry A. Hagerman Tim R. Barber Ayes _ Nays Abstentions P63 VDOT LAND USE PERMIT LUP -ESCCC Erosion & Sediment Control Contractor Certification August 26, 2014 In accordance with the Virginia Department of Transportation (VDOT) Road and Bridge Specification 107.14 (a), Special Provision 107D, all contractors performing regulated land disturbing activities within VDOT right -of -way must have an employee that has successfully completed the VDOT Erosion & Sediment Control Contractor Certification training. Regulated land disturbing activities are defined as those activities that disturb 2,500 square feet or greater in Tidewater, Virginia or 10,000 square feet or greater in all other areas of the State. The Department will require evidence of this certification with any Land Use Permit application that involves utility and /or commercial right of way improvement. NON - COMPLIANCE MAY RESULT IN PERMIT SUSPENSION & /OR A STOP WORK ORDER Applicant /Project Name: Pittsvlvania County �Sf� °��R' "' �WakL -i' cle Contractor: District: L.�,,r�G�x.�C County: Route Number: Please select one of the following: ( J In accordance with the VDOT Road & Bridge Specification 107.14 (a), Special Provision 107D, I, as representative for the permit applicant, acknowledge that the permittee must have an individual that has successfully completed the VDOT Erasion & Sediment Control Contractor Certification training on site during all land disturbance activities. This individual will be responsible for insuring compliance with all applicable local, state and federal erosion and sediment control regulations during land disturbance activities and will provide evidence of said certification upon request from VDOT personnel. ( n accordance with the VDOT Road & Bridge Specification § 10714 (a), Special Provision 107D, work on this project is less than 2,500 or 10,000 square feet of land disturbance activities, whichever is applicable, and therefore is exempt from the Erosion & Sediment Control Contractor Certification requirements. Signature Date THIS DOCUMENT MUST ACCOMPANY THE VDOT LAND USE PERMIT APPLICATION NOTE: Training for the VDOT Erosion & Sediment Control Contractor Certification can be obtained through the Virginia Transportation Construction Alliance at: htppllwww.ytco.ora P64 VOOT LAND USE PERMIT LUP -WZTCC Work Zone Traffic Control Certification August 27, 2014 VDOT Work Zone Traffic Control Certification In accordance with the Virginia Department of Transportation (VDOT) Road and Bridge Specification, Special Provision 105.14, beginning July 1, 2009, all activities performed under the auspices of a VDOT Land Use Permit involving the installation, maintenance and removal of work zone traffic control devices must have at least one (1) person on -site who, at a minimum, is accredited by VDOT in Basic Work Zone Traffic Control. The person accredited by VDOT in Basic Work Zone Traffic Control may install, maintain and remove work zones that are in accordance with the Virginia Work Area Protection Manual and /or a work zone that has been preapproved by VDOT. A person accredited by VDOT in Intermediate Work Zone Traffic Control must be on -site to provide supervision during work zone adjustments or changes to traffic control due to field conditions. These persons must have their accreditation card with them while on the project site. NON - COMPLIANCE MAY RESULT IN PERMIT SUSPENSION & /OR A STOP WORK ORDER Applicant: Pittcwlvnnia Cnnnty Project Name: `jk n/ Lni�Cf /t�td - �,-t C�, �a> ld, /Pn s>/rj District: County: _1"rh�Z IVAi iA Route Number: Please select one of the following: ( j In accordance with the Virginia Department of Transportation (VDOT) Road and Bridge Specification, Special Provision 105.14, 1, , state that I will have at least one (1) person that is accredited by VDOT in Basic Work Zone Traffic Control who will be responsible for the placement, maintenance and removal of work zone traffic control devices within the project limits in compliance with the permit requirements and conditions, the approved plans, specifications, the Virginia Work Area Protection Manual and the Manual of Uniform Traffic Control Devices. A person accredited by VDOT in Intermediate Work Zone Traffic Control will be on -site to provide supervision during work zone adjustments or changes to traffic control due to field conditions. These persons will provide evidence of their accreditation upon request from VDOT personnel. [ J In accordance with the Virginia Department of Transportation (VDOT) Road and Bridge Specification, Special Provision 105.14, the requested activity does not involve the installation, maintenance and removal of work zone traffic control devices and therefore is exempt from the Basic Work Zone Traffic Control requirement. Date THIS DOCUMENT MUST ACCOMPANY THE VDOT LAND USE PERMIT APPLICATION P65 VIRGINIA WORK ZONE TRAFFIC CONTROL TRAINING OPTIONS The following three options are available to receive Work Zone Traffic Control (WZTC) training based on an individual's job duties and responsibilities as required by the FHWA Final Rule on Work Zone Safety and Mobility and the Virginia Department of Transportation: OPTION J — Have someone trained to become a qualified instructor in your company who can then instruct others, utilizing training material provided by VDOT. The following qualifications must be met in order to teach the VDOT Basic, Intermediate, or Advanced WZTC training courses: • Basic— Be flagger certified either by VDOT or by the American Traffic Safety Services Association (ATSSA); posses two years of practical experience in Highway Design, Construction, Maintenance, or Traffic Operations; posses two years of documented experience in conducting training courses; and successfully complete the VDOT WZTC Intermediate or Advanced course or complete the ATSSA Virginia Intermediate /Traffic Control Supervisor (TCS) course. • Intermediate - Be flagger certified either by VDOT or by ATSSA; posses two years of practical experience in Highway Design, Construction, Maintenance, or Traffic Operations; posses two years of documented experience in conducting training courses; complete and posses the ATSSA Virginia Intermediate /TCS certification. • Advanced - Be flagger certified either by VDOT or by ATSSA; posses two years of practical experience in Highway Design, Construction, Maintenance, or Traffic Operations; posses two years of documented experience in conducting training courses; complete and posses the ATSSA Virginia Advanced Traffic Control Design Specialist (TCDS) certification or ATSSA Virginia Intermediate TCS certification. To become an approved instructor, an application must be completed listing the above qualifications and sent to the chairman of VDOT's WZST committee at the following location: http://www.virginiadot.org/business/resources/wztc/wztc inst app form.0df Once a person has become an approved instructor, training material can be obtained from VDOT using the order form obtained from the following location (requires an approved instructor identification number): http://www.virginiadot.org/business/resources/wztc/WZTC order form.pdf OPTION 2 — Obtain the services of an approved instructor from VDOT's Approved WZTC Instructor List to teach the course or courses you need for your employees. The Approved WZTC Instructor's List can be obtained at the following location: http://www.virginiadot.org/business/resources/wztc/Approved WZTC Instructors.pdf A list of Approved Providers of training can be obtained at the following location: http://www.virginiadot.ora/businesslresources/w-ztc/wztc training sponsors.pdf OPTION 3 — Send personnel to classes conducted by approved sources such as ATSSA Virginia or the Virginia Local Technical Assistance Program (LTAP). Courses by ATSSA Virginia can be found at the following location: htto://atssa.com/cs/course information /courses by state ?state =56 Courses by the Virginia LTAP can be found at the following location: http• / /ItaO cts virginia edu /2 %2OPage %2OCalendar %20 June %20- %205ept %2009.odf Basic WZTC courses by the Virginia Rural Water Association can be found at the following location: htt0: / /www.vrwa.org/ (See Training Schedule) Training by the Virginia Transportation Construction Alliance (VTCA) can be found at the following location: htt0: / /vtca.orgi Visit the following site for additional information regarding Virginia's Work Zone Traffic Control training program: http://www.virginiadot.org/business/trafficeng-WZS.asp P66 VDOT LAND USE PERMIT RESOLUTION August 26, 2014 [County, City or Town Letterheod] "RESOLUTION" WHEREAS, it becomes necessary from time to time for the [County, City or Town] of [County, City or Town Name] to obtain land use permits from the Virginia Department of Transportation to install, construct, maintain and operate certain public works and public utilities projects along, across over and upon highway systems of the Commonwealth of Virginia; and, WHEREAS, expense, damage or injury may be sustained by the Commonwealth of Virginia growing out of granting to the [County, City or Town] of [County, City or Town Name by the Virginia Department of Transportation of said permits for the work aforesaid; NOW, THEREFORE, BE IT RESOLVED by the [County, City or Town] [Board of Supervisors, City or Town Council] this [Date] day of [Month], [Year]: Section 1: That in accordance with the provisions of Section 24VAC30- 151 -720 of the Land Use Permit Regulations of the Virginia Department of Transportation, the [County, City or Town] of [County, City or Town Name] does hereby grant assurances to the Virginia Department of Transportation (VDOT) that it shall in all respects comply with all of the conditions of the permit or permits that have been, or will be, granted to the [County, City or Town] of [County, City or Town Name] and that said jurisdiction does hereby certify that it will carry liability insurance for personal injury and property damage that may arise from the work performed under permit and /or from the operation of the permitted activity as follows: up to one - million dollars ($1,000,000) each occurrence to protect the Commonwealth Transportation Board members and the Virginia Department of Transportation's agents or employees; seventy -five thousand dollars ($75,000) each occurrence to protect the Commonwealth Transportation Board, the Virginia Department of transportation or the Commonwealth of Virginia in the event of suit. Section 2: That the County Administrator, City or Town Mayor, or their designee, be, and hereby is authorized to execute on behalf of the [County, City or Town] of [County, City or Town Name] all land use permits and related documents of the Virginia Department of Transportation. Section 3: That this resolution shall be a continuing resolution and shall not be revoked unless and until sixty (60) days written notice of any proposed revocation be submitted to the Virginia Department of Transportation. Section 4: That the [County, City or Town] of [County, City or Town Name] shall, if requested by the Virginia Department of Transportation, provide a letter that commits to using the surety provided by its contractor or to have the contractor execute a dual obligation rider that adds the Virginia Department of Transportation as an additional obligee to the surety bond provided to the locality, with either of these options guaranteeing the work performed within state maintained right -of -way under the terms of the land use permit for that purpose. BE IT STILL FURTHER RESOLVED that the County Administrator, City or Town Mayor, or their designee, be, and hereby is authorized and directed to procure insurance required by Section 1 herein. The foregoing Resolution was adopted by the [County Board of Supervisors, City or Town Council] at its regular meeting held on [Day, Month, Year] in [County, City or Town Name], Virginia. [Authorized Signature] [Printed Name & Title] [County, City or Town Name] P67 VIRGINIA DEPARTMENT OF TRANSPORTATION TRAFFIC ENGINEERING DIVISION MEMORANDUM GENERAL SUBJECT: NUMBER: TE -280.1 ENGINEERING AND ADMINISTRATION TO SUPERSEDE: WARNING SIGNS TE -280 SPECIFIC SUBJECT: DATE: November 7, 2012 GUIDANCE ON INSTALLATION OF SUNSET DATE: WATCH FOR CHILDREN SIGNS N/A DIRECTED TO: SIGNATURE: State Traffic Engineer District Administrators Regional Operations Directors Residency Administrators District Land Use Engineers Regional Traffic Engineers Regional Operations Maintenance Managers This updated memorandum is issued to address changes in the Code of Virginia and to provide additional guidance not contained in the current 2011 Edition of the Virginia Supplement to the MUTCD: ft://www.virainiadot.ore/business/virginia o�usiness /vir�a muted suDDlement� / /www vir�adot o�usiness /vir�a muted suDDlement� In the 2012 General Assembly, HB 914 was passed to amend §33.1 -210.2 of the Code of Virginia, which became effective July 1, 2012. The amended code provides that the county or town may install and maintain "Watch for Children" warning signs (WI 5-VI) at certain locations through an agreement with the Commissioner and that the county or town will pay for the associated purchase, installation & maintenance costs. The amended section deleted previous language stipulating the particular source of funding to be used by the County for such signs. § 33.1 - 210.2. Installation and maintenance of certain signs in counties and towns. The governing body of any county or town may enter into an agreement with the Commissioner allowing the county or town to install and maintain, at locations specified in such agreement, signs alerting motorists that children may be at play nearby. The cost of the signs and their installation shall be paid by the county or town. The provisions of this section shall not apply to any county that has withdrawn its roads from the secondary system of state highways under the provisions of § 11 of Chapter 415 of the Acts of 1932 and has not elected to return. Traffic Engineering Division Memorandum TE -280.1 MDN November 1, 2012 P68 Page 1 of 3 Guidance In accordance with the revised statute, a County or Town may initiate the installation of these signs only by entering into an agreement with VDOT whereby the county or town is solely responsible for installation and maintenance of the signs as per the conditions spelled out in the agreement as attached to this memorandum. The process prescribed in the previous statute whereby a County or Town could request by resolution, that VDOT install these sign(s) is no longer an option. Likewise, installation of these signs by VDOT on behalf of a county or town is no longer an option. As specified in the revised statute, the County or Town must pay for the signs. Secondary roadway construction or maintenance funds or any other VDOT monies may not be used. In 2011 dollars, the average cost to purchase and install a single such sign is $850. In all cases where the County or Town is installing and maintaining the signs directly or through another party, a land use permit is required. This document includes a template for the agreement that should be used for handling requests from a county or town for these signs and an addendum to be used where additional signs are subsequently requested. The agreement template incorporates VDOT's requirements (other than conditions of the land use permit) as well as criteria for the appropriate sign and its placement, installation, maintenance and replacement. To process requests from a County/Town for additional signs (subsequent to those indicated in the original signed agreement) the addendum shall be used so that the additional sign locations become part of the agreement. VDOT's Land Use Office will issue a single land use permit for each county /town request for a sign or series of signs that are indicated in the request and meet the conditions of the agreement. An additional land use permit is required for each subsequent request for a sign or series of signs as per the attached addendum. The District Administrator is the only party authorized to enter into agreements with localities on behalf of the Commissioner therefore his or her signature is required on each agreement. However, the VDOT Area Land Use Engineer is the only VDOT signature required for the addendum. Maintenance & Replacement of Existing W 15 -V I Signs Maintenance of existing (yellow) W15-VI signs installed by VDOT remain the responsibility of VDOT and may remain until they reach the end of their useful life at which time they may or may not (at the discretion of VDOT) be replaced in accordance with current standards, where they meet the requirements stipulated in this agreement for appropriate placement, otherwise they shall be removed and not replaced. Existing inventories of the yellow background W 15 -V 1 may be utilized for maintenance replacements. Traffic Engineering Division Memorandum TE -280.1 MDN November 1, 2012 P69 Page 2 of 3 References • Code of Virginia, §§ 33.1 -210.2 • FHWA's Manual on Uniform Traffic Control Devices ( MUTCD) • Virginia Supplement to the MUTCD • VDOT Road & Bridge Standards CC: Mr. Greg Whirley Mr. Charles Kilpatrick, P.E. Mr. Malcolm T. Kerley, P.E. Regional Traffic Engineers District Transportation and Land Use Directors Regional Operations Maintenance Managers Residency Administrators Traffic Engineering Division Memorandum TE -280.1 MDN November 1, 2012 P70 Page 3 of 3 AGREEMENT FOR THE INSTALLATION AND MAINTENANCE OF "WATCH FOR CHILDREN" SIGNS BY COUNTY OR TOWN WHEREAS, it is the desire of the COUNTY OR TOWN OF , to enter into an agreement with the Virginia Department of Transportation (VDOT), to install and maintain W1S -VI "Watch for Children' sign(s), at locations within its legal boundaries that are indicated on the attached sheet(s), in accordance with the conditions outlined in this agreement. FURTHER, all future installations of such signs at locations (not specified in this agreement) shall likewise conform to the stipulations of this agreement and shall be submitted to VDOT using the addendum included in this document for that purpose. Type of Sign to be used • The size and type of sign to be used to alert motorists that children may be at play nearby is the W15-VI, detailed in the latest edition of the Virginia Supplement to FHWA's Manual on Uniform Traffic Control Devices (MUTCD). See http: / /www.virginiadot.org/business /manuals- default.asp. • New installations of the W l5 -V l shall be fluorescent yellow -green background color. • The sign materials shall be in accordance with the latest edition of the VDOT Road & Bridge Specifications. See http : / /www.virminiadot.org/business /manuals - default.asp. Placement of W15 -VI Signs • Within a subdivision, a single sign may be placed on streets that are major entry points where the statutory or posted speed limit is 35 mph or less, beyond but not within 200 feet of, the posted speed limit sign. • At the major approach(s) to a residential development not within or part of a subdivision where there is 1/3 mile or more of residential development (either side of roadway) with direct frontage /access and where the speed limit has been reduced to 35 mph or less; a single sign may be installed beyond but not within 200 feet from, the (reduced) posted speed limit sign. • As generally outlined in the latest edition of MUTCD. See http:// www. virginiadot .org/business /manuals- default.asp • Signs shall not be installed where indicated as follows: - On any roadway where the speed limit exceeds 35 mph - In lieu of a standard Playground sign (W15 -1), used to warn motorists of a designated playground - At a location where School warning signs are in place - In combination (same pole) with any other regulatory or warning signs - Preceding any existing regulatory or warning signs - Closer than 200 feet to any existing regulatory or warning signs • Should VDOT determine that another regulatory or warning sign must be placed such that it would violate the rules above, the VDOT sign will take priority and the Watch for Children sign will be relocated by the county /town at their expense. AGREEMENT FOR THE INSTALLATION AND MAINTENANCE OF Page 1 of 3 Nov. 1, 2012 "WATCH FOR CHILDREN" SIGNS BY COUNTY OR TOWN P71 Installation of W15-VI Signs The sign installation shall be in accordance with the latest edition of the VDOT Road & Bridge Standards. See http://www.Virginiadot.orgibusiness/manuals-default.asp. Maintenance & Replacement of W15 -Vl Signs Signs not installed or maintained in accordance with the latest edition of the MUTCD, the VDOT Road & Bridge Standards, the conditions of the land use permit and other requirements stipulated in this agreement will be removed by VDOT at the expense of the county or town. THEREFORE, the COUNTY OR TOWN shall conduct the purchase, installation and maintenance of new W15- VI signs and shall maintain such signs as outlined in this agreement and in accordance with requirements of the land use permit. FURTHERMORE, it is mutually agreed between the COUNTY OR TOWN and VDOT that all W15 -VI signs shall (1) conform to requirements indicated in this agreement, in the MUTCD and the Virginia Supplement to the MUTCD, the VDOT Road & Bridge Standards, the VDOT Road & Bridge Specifications and; (2) the COUNTY OR TOWN will bear all costs pertaining to the purchase, installation and maintenance of such sign(s) and accessories necessary for proper erection of the signs and; (3) in the event the COUNTY OR TOWN should fail to locate, install and maintain such sign(s) according to this agreement and the stipulations of the land use permit, the signs will be removed by VDOT at the expense of the COUNTY/TOWN. SIGNATURE of COUNTY OR TOWN REPRESENTATIVE Title Date (The Locality shall submit this AGREEMENT to their local VDOT representative) Approved: For VDOT Use Only (District Administrator) Date AGREEMENT FOR THE INSTALLATION AND MAINTENANCE OF Page 2 of 3 Nov. 1, 2012 "WATCH FOR CHILDREN" SIGNS BY COUNTY OR TOWN P72 DATE: _ / / 20 Page 1 of LOCATIONS WHERE SIGNS ARE TO BE INSTALLED AS PER ORIGINAL AGREEMENT Route /Street Name Location of sign(s) (e.g. 150' east Rte. 725/Main St, southbound direction) Attach additional pages as needed AGREEMENT FOR THE INSTALLATION AND MAINTENANCE OF Page 3 of 3 Nov. 1, 2012 "WATCH FOR CHILDREN" SIGNS BY COUNTY OR TOWN P73 ADDENDUM # TO ORIGINAL AGREEMENT FOR THE INSTALLATION AND MAINTENANCE OF "WATCH FOR CHILDREN" SIGNS ADDITIONAL SIGN LOCATIONS WHEREAS, it is the desire of the COUNTY OR TOWN OF to conduct the purchase, installation and maintenance of the additional W15 -Vl signs specified in the list attached to this addendum, FURTHER, all the additional signs indicated in this addendum shall be in accordance with the original signed agreement as attached to this document and, FURTHER, the additional signs indicated in this addendum MAY NOT be installed without issuance of a land use permit. SIGNATURE of COUNTY OR TOWN REPRESENTATIVE Title Date (The Locality shall submit this AGREEMENT to their local VDOT representative) ------------------- - - - - -- --------------- For VDOT Use Only Approved: (Area Land Use Engineer) ADDENDUM TO ORIGINAL AGREEMENT FOR THE INSTALLATION AND MAINTENANCE OF "WATCH FOR CHILDREN" SIGNS BY COUNTY OR TOWN P74 Date Page 1 of 2 Nov 1, 2012 DATE: _ / / 20_ Page 1 of ADDENDUM # FOR ADDITIONAL LOCATIONS WHERE SIGNS ARE TO BE INSTALLED Route /Street Name Location of sign(s) (e.g. 150' east Rte. 725/Main St, southbound direction) Attach additional pages as needed ADDENDUM TO ORIGINAL AGREEMENT FOR THE INSTALLATION AND Page 2 of 2 Nov 1, 2012 MAINTENANCE OF "WATCH FOR CHILDREN' SIGNS BY COUNTY OR TOWN P75 § 33.2 -251. (Effective October 1, 2014) Installation and maintenance of "c... Pagel of 4 Justia > US Law > US Codes and Statutes > Virginia Code > 2014 Virginia Code > Title 33.2 - Highways and Other Surface Transportation Systems > § 33.2 -251. (Effective October 1, 2014) Installation and maintenance of "children at play" signs in counties and towns 2014 Virginia Code Title 33.2 - Highways and Other Surface Transportation Systems § 33.2 -251. (Effective October 1, 2014) Installation and maintenance of "children at play" signs in counties and towns Universal Citation: VA Code § 33.2 -251 (2014) The governing body of any county or town may enter into an agreement with the Commissioner of Highways allowing the county or town to install and maintain, at locations specified in such agreement, signs alerting motorists that children may be at play nearby. The cost of the signs and their installation shall be paid by the county or town. The provisions of this section shall not apply to any county that has withdrawn its roads from the secondary state highway system under the provisions of § 11 of Chapter 415 of the Acts of Assembly of 1932 and has not elected to return. 1997, c. 167, § 33.1 - 210.2; 2006, c. 548; 2012, c. 179; 2014, c. 805. Disclaimer: These codes may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the http://Iaw.justia.com/codes/virginia/2014/t;*]6e-3 3.2 /section - 33.2 -251 3/8/2016 PITTSYLVANIA COUNTY Board of Supervisors AGENDA TITLE: Watch for Children Sign Application SUBJECT/PROPOSAL/REOUEST: Watch for Children Sign Application STAFF CONTACT(S): Mr. Monday; Mr. Sides EXECUTIVE SUMMARY AGENDA DATE: 03 -15 -2016 ACTION: Yes CONSENT AGENDA: ACTION: ITEM NUMBER: 12 INFORMATION: INFORMATION: ATTACHMENTS: 1) Watch For Children Sign Application BACKGROUND: In December 2015, the Board of Supervisors began discussions with VDOT representatives on requests by citizens for Watch for Children signs. VDOT explained the County would need to file Land Use Permits (to include an adopted resolution) with VDOT as the first step. VDOT would also need to approve the location of such a sign. The Board of Supervisors directed Staff to begin the application process. Next, once VDOT had approved the location of such a sign, the County, which would be responsible for making and installing the signs, would need to determine if it wanted to absorb the entire cost, or if it wanted to enter into a Cost Share Agreement with the requesters for the sign. The Board elected on a 50150 cost share between the County and citizens requesting such a sign and directed staff to develop a Watch for Children sign application for Attached hereto is the draft Watch for Children sign application for the Board's consideration. For the Board's information, at this time the cost of such sign is $150, which would be a 50150 cost share of $75 each between the County and the applicant. Staff recommends the Board of Supervisors approve the Watch for Children Sign Application. P77 WATCH FOR CHILDREN SIGN APPLICATION Please note Virginia Department of Transportation (VDOT) policy: Signs shall not be installed • On any roadway where the speed limit exceeds 35mph • In lieu of standard Playground sign • Where school warning signs are in place Applicant Information: Name: Address Email: Phone Number(s): (_ Name of Group (If applicant is an organization) Location Requirements Sign placement: • Within a subdivision, a single sign may be placed on streets that are major entry points where the statutory or posted speed limit is 35 mph or less, beyond but not within 200 feet of, the posted speed limit sign. • At the major approach(s) to a residential development not within or part of a subdivision where there is 1/3 mile or more of residential development (either side of roadway) with direct frontage /access and where the speed limit has been reduced to 35 mph or less; a single sign may be installed beyond but not within 200 feet from, the (reduced) posted speed limit sign. Name of subdivision or community What is the current posted speed limit? Closest point and/or physical address to the desired sign location P78 Statement On behalf of myself, or the group identified above, I agree to be responsible to the county for 50% of the cost of placing a Watch for Children sign. I understand my cost per sign is Acceptance (signature) Acceptance (printed) Date Payment method — Cash or check made payable to Treasurer of Pittsylvania County Applicant will be required to pay after VDOT approves an acceptable location and before County installs sign. For Pittsylvania County use only Approved for Installation The above referenced site, or an alternative site, has been: O approved ( ) not approved If Alternative site, location: Approved By: (Signature) (Printed Name) (Title) Date payment received P79 APPOINTMENTS P80 SOUTHERN AREA AGENCY ON AGING, INC. DESCRIPTION Meeting Date /Time /Location: Meets the last Monday in January, February, April, June, July, September and November at 1:00 p.m. in the Southern Area on Aging office in Martinsville. Term: 3 years. Members may serve two (2) consecutive three -year terms. Composition: The Board consists of twelve (12) members; two (2) members from each jurisdiction. The jurisdictions participating are: City of Danville City of Martinsville County of Franklin County of Henry County of Patrick County of Pittsylvania Function /Duties: This Agency is a private, not - for - profit agency. It exists to promote maximum independence for persons age 60 and older by providing services that will assist older persons to live independently in their own homes. The Agency's tasks include advocacy, planning, and coordination of services for older persons. Among the responsibilities of the Board are as follows: ➢ Develop an area plan for aging services ➢ Identify the needs of the elderly in the community ➢ Establish long -rage goals for meeting the needs of the elderly ➢ Formulate short-range objectives for programs to be conducted in the community. ➢ Approve overall plans for carrying out the objectives ➢ Responsible for hiring and firing the Executive Director. REVISED 02-06 -2012 P82 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Appointment to the Southern Area Agency on Aging, Inc. Board SUBJECT/PROPOSAL/REQUEST: Appointment STAFF CONTACT(S): Mr. Monday BACKGROUND: AGENDA DATE: 03 -15 -2016 ACTION: Yes CONSENT AGENDA: ACTION: ITEM NUMBER: 13 INFORMATION: INFORMATION: ATTACHMENTS: 1) Southern Area on Aging Board Description DISCUSSION: The Honorable Joe B. Davis has nominated Ruth Walden for a three (3) year term as a representative for Pittsylvania County on the Southern Area Agency on Aging, Inc. Board. The term for this seat will begin March 16, 2016 and end March 15, 2019. RECOMMENDATION: Staff submits this to the Board of Supervisors for their review and consideration. PSl REPORTS FROM MEMBERS P83 REPORTS FROM LEGAL COUNSEL P84 REPORTS FROM COUNTY ADMINISTRATOR P85 ADJOURNMENT P86