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02-17-09-Adjourned MeetingBOARD PACKET BOARD OF SUPERVISORS ADJOURNED MEETING FEBRUARY 17, 2009 ~ ~ ~ ~ ~ ~ ~ 1767 T~JRGi~~p~ PITTSYLVANIA COUNTY BOARD OF SUPERVISORS ADJOURNED MEETING TUESDAY, FEBRUARY 17, 2009 GENERAL DISTRICT COURTROOM EDWIN R. SHIELDS COURTHOUSE ADDITION AGENDA 1. Call to Order - ~:00 p.m. 2. Roll Call 3. Invocation 4. Pledge of Allegiance 5. Items to be Added to the Agenda (a) Consideration of Text Amendments to the Pittsylvania County Zoning Ordinance - Pages - 1-9 (b) 2007 Homeland Security Program Grant - Page - 10 (c) Assignment of Contract - Economic Development Office - Pages - 11-15 (d) Assignment of Lease Contract - Pittsylvania County Economic Development Pages - 16-17 (e) Change Order #1 - Witcher Road Water & Sewer System Project - Pages -18-20 ( fl Change Order #2 - Ringgold/Tom Fork Road Water System - Pages - 21-23 (g) CPMB Supplemental Allocation Request - Pages - 24-26 Approval of Agenda Hearing of Citizens 8. Consent Agenda: (a) Regional One - Page - 27 (b) Resolution - Clara Stone Burch Tucker - 100 years old - Pages - 28-29 (c) Mt. Zion Water System - Amend Contract - Pages - 30-33 (d) Out of State Travel - Page - 34 Public Hearings 9. Rezoning Cases Case 1: Roofing Solutions, Inc. - Callands-Gretna District: R-09-003 Case 2: Eva Willis - Tunstall District: R-09-004 Case 3: Michael B. Moore & Donna Moore - Tunstall District: R-09-005 Case 4: Jeff Perkins - Callands-Gretna District: R-09-006 New Business 10. Consideration of Updating/Enforcing the Pittsylvania County's Mineral Tax - Karen Maute - Pages - 35-38 11. Award Contract for new Compactor Site on SR 839 -Pages - 39-41 12. SCAAP Appropriation - Pages - 42-44 13. CEDS Projects - Pages - 45-47 14. Recommendations from the Finance Committee - (a) RT 40 W Waterline - Pages - 48-49 (b) Budget Recommendations - Page - 50 15. Regional One EMS Contract - Mr. Ecker - Page - 51 16. Uranium Mining Study - Mr. Davis - Pages - 52-53 17. Contract with the Health Department - Pages - 54-65 18. Fire & Rescue Association - Proposed Guideline Amendments - Pages - 66-75 19. Contract - Verizon Database Interface - Pages - 76-92 20. Contract Amendment; Reynolds-Clark-Whispering Pines Waterline - Pages - 93-95 Reports from Board Members Reports from Officers and Committees Reports from County Administrator Closed Session 21. Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community. Authority: Section 2.2-3711 (A) (5) of the Code of Virginia, 1950, as amended. 22. Discussion, consideration or interviews of prospective candidates for employment: assignment, appointment, promotion, performance, demotion salaries, disciplining or resignation of specific public officers, appointees or employees of any public body; and evaluation of performance of departments or schools of public institutions of higher education where such evaluation will necessarily involve discussion of the performance of specific individuals. Authority: Section 2.2-3711 (A) (1) of the Code of Virginia, 1950, as amended. Adiournment ITEMS TO BE ADDED PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Consideration of Text Amendments to the Pittsylvania County Zoning Ordinance SUBJECT/PROPOSAL/REOUEST• Recommended Zoning Changes - Karen Maute STAFF CONTACT(Sl: AGENDA DATE: 02-17-2009 ACTION: Yes CONSENT AGENDA: ACTION: ITEM NUMBER: Mr. William D. Sleeper ATTACHMENTS: Yes REVIEWED BY: 5 (a) INFORMATION: INFORMATION: BACKGROUND: The Boazd of Supervisors has an existing Zoning Ordinance that relates to activities concerning use of property and of environmental controls. Kazen B. Maute has submitted to the Boazd of Supervisors a recommendation of a number of text changes for the Pittsylvania County Zoning Ordinance and has requested that these proposals be submitted to the Board of Supervisors. DISCUSSION: Attached hereto, you will find copies of proposed amendments to the Pittsylvania County Zoning Ordinance recommended by Karen B. Maute RECOMMENDATION: Staff submits this to the Board of Supervisors for their review and consideration. P1 Information for February 17 Board of Supervisors' meeting. Karen B. Maute 434-797- 3460 Consideration of Text Amendments to the Pittsylvania County Zoning Ordinance February 6, 2009 Honorable Members of the Pittsylvania County Board of Supervisors, The Pittsylvania County Zoning Ordinance was enacted for the purpose of promoting the health, safety and general welfare of our citizens. The Ordinance states that our governing body may regulate "the excavation of mining of soil and other natural resources (Chapter 35, Article I, Sec. 35-1, 4) Please consider text amendments to the text to the Pittsylvania County Zoning Ordinance. Refer to the excerpts enclosed re: our Zoning Ordinance. Highlighted on red are numerous references re: protection of life health and property. Bold italic refers to amendment changes or additions. Do we have the opportunity to ban uranium mining and milling in Pittsylvania county according to Chapter 35, Article I, Sec. 35-1, 4? If so, should we have a non-binding referendum re: doing so? If we are to truly protect health, safety and general welfare of the citizens of Pittsylvania County, we should at least explore this option. Notes for discussion: CHAPTER 35 Article I. General Considerations l. DIVISION 1. AUTHORITY, ESTABLISHMENT, PURPOSE AND OFFICIAL ZONING MAP SEC. 35-1. AUTHORITY TO ESTABLISH ZONING. This Ordinance, to be cited as the Zoning Ordinance of Pittsylvania County, is hereby ordained, enacted and published by the Board of Supervisors of Pittsylvania County, Virginia, pursuant to the provisions of Title 15.2, Chapter 22, Article 7 of the Code of P2 Virginia, 1950, and amendments thereto. The governing body of any County or municipality may, by ordinance, divide the territory under its jurisdiction into districts of such number, shape and area as it may deem best suited to carry out the purpose of zoning, and in each district it may regulate the following: 1. The use of land, buildings, structures, and other premises for agricultural, commercial, industrial, residential and other specific uses. 2.The size, height, area, bulk, location, erection, construction, reconstruction, alteration, repair, maintenance, razing or removal of structures. 3. The areas and dimensions of land, water, and air space to be occupied by buildings, structures, and uses, and of courts, yards and other open spaces to be left unoccupied by uses and structures, including variations in the sizes of lots based on whether a public or community water supply or sewer system is available and in use. 4. The excavation or mining of soil or other natural resources. SEC. 35-2. ENACTMENT. Therefore, be it ordained by the Board of Supervisors of Pittsylvania County, Virginia, for the purpose of promoting the health, safety, or general welfare of the public and of further accomplishing the objectives of Section 15.2-2200 and Title 15.2, Chapter 22, Article 7 of the Code of Virginia, 1950, as amended, that this document, Chapter 35, be adopted as the Zoning Ordinance of Pittsylvania County, Virginia. SEC. 35-3. PURPOSE AND INTENT. The Zoning Ordinance of Pittsylvania County, Virginia is intended to promote the health, safety, and general welfare of the public and to implement the adopted Pittsylvania County Comprehensive Plan for the orderly and controlled development of the County. To these ends, such zoning ordinances shall be designed to give reasonable consideration to each of the following purposes, where applicable: 1. To provide for adequate light, air, convenience of access and safety from fire, flood and other dangers. 2. To reduce or prevent congestion in public streets. 3. To facilitate the creation of a convenient, attractive and harmonious community. 4. To facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, P3 schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements. 5. To protect against destruction of, or encroachment upon, historic areas. 6. To protect against one or more of the following: overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health, or property from fire, flood and panic or other dangers. 7. To encourage economic development activities that would provide desirable employment and enlarge the tax base. 8. To provide for the preservation of agricultural and forest lands, and other lands of significance for the protection of the natural environment. 9. To protect approach slopes and other safety areas of licensed airport. 10. To promote affordable housing. SEC. 35-3.1 NON-EXCLUSIONARY INTENT. It is not the intent of this Ordinance to exclude any economic, racial, religious, or ethnic group from enjoyment of residence, land ownership, or tenants within Pittsylvania County, nor is it the intent of this Ordinance to use public powers in any way to promote the separation within Pittsylvania County of economic, racial, religious, or ethnic groups, except as may be the incidental result of ineeting the purposes outlined in Section 35-3. SEC. 35-4. RELATION TO THE ENVIRONMENT. This Ordinance is designed to treat lands which are similarly situated and environmentally similar in like manner with reasonable consideration for the existing use and character of properties, the Pittsylvania County Comprehensive Plan, the suitability of property for various uses, the trends of growth and change, the current and future land and water use and sewerage treatment requirements of the community for various purposes as determined by County sanctioned studies, the transportation requirements of the community, and the requirements for housing, schools, parks, playgrounds, recreation areas and other public services; for the conservation of natural resources and agricultural land, including groundwater; and preservation of floodplains and for the conservation of properties and their values and the encouragement of the most appropriate use of land throughout the County. SEC. 35-5. RELATION TO THE COMPREHENSIVE PLAN. In drawing the Zoning Ordinance and districts with reasonable consideration of the Pittsylvania County Comprehensive Plan, it is a stated and express purpose of this zoning P4 ordinance to create land use regulations which shall encourage the realization and implementation of the Pittsylvania County Comprehensive Plan. To this end, development is to be encouraged to take place in clusters to promote efficient and cost effective use of land; to be situated as to make possible future economies in the provision of services by the private and/or public sector; to be so located as to protect the watersheds and shoreline areas, protect surface and groundwater supplies, discourage development in floodplains, wetlands, and conservation areas and strips. SEC. 35-135. BORROW, FILL OR WASTE AREAS. RESERVED No such use shall be established without the express approva[ of the Pittsylvania County Board of Supervisors and in compliance with the Pitlsylvania County Zoning Ordinance and the Pittsylvania County Waste Ordinances. SEC. 35-139. EXTRACTION OF NATURAL RESOURCES; EXPLORATION. Extraction of natural resources shall include removal of soil, sand, gravels, stone or other minerals by excavating, stripping, quarrying and mining together with necessary buildings, machinery and appurtenances related thereto but not including excavation for construction of agricultural purposes. l. No extraction or processing of natural resources may be conducted within two hundred (200) feet of a property line except in operations that cross property lines. 2. Vegetation shall be retained and/or fully developed to screen extraction processes from nearby residential areas and adjoining roadways. 3. Quarry and mine areas being excavated shall be entirely enclosed within a fence located at least fifteen (15) feet back from the edge of any excavation. 4. At the time of obtaining a zoning permit, the operators or owners of the quarry or mine shall present to the Planning Commission comprehensive plans and proposals for the reuse of the property at the cessation of the quarry or mine operation. 5. Any extension of quarrying or mining operations beyond the property lines actually being quarried or mined at the effective date of this Ordinance shall be considered as a new operation and shall obtain a zoning permit, such permit to be renewed every two (2) years, or at such longer interval as may be specified by the Commission. 6. If quarrying or mining operations are discontinued for a period exceeding one (1) year, all excavated areas must be returned to a safe condition with adequate vegetative care. 7. The provisions of Chapter 16, Title 45.1, Code of Virginia 1950, as amended, shall be met. P5 . , ., ~ ~cn ..aoa ~t,..tt ~.~ .,.o. > > • 9. Uranium exploration, mining and milling are prohibited in Pittsylvania County. 10. County taxes on mineral rights, mineral [eases, mineral resources ("measured "and "indicated") and mineral reserves may be levied and collected by Pittsylvania County. DIVISION l. AGRICULTURAL DISTRICT, A-1 SEC. 35-177. PURPOSE. This district includes unincorporated portions of the County that are occupied by various open uses such as farms, forests, lakes, reservoirs, streams, and park lands. This district is established for the purpose of facilitating existing and future farming operations, preserving farm and forest lands, conservation of agricultural, water and other natural resources, reducing soil erosion, preventing water pollution, and protecting watersheds and reducing hazards from flood and fire. It is expected that certain desirable rural areas of this rural district may logically develop residentially, at low density. It is the intent, however, to discourage the random scattering of residential, commercial, or industrial uses in this district. It should also be presumed that the agricultural and forestry activities may produce some noise, odors and other effects and a certain level of tolerance for these effects must be expected of those who would dwell in this district. Special use permits will be employed to seek improved level of compatibility between uses. SEC. 35-179. SPECIAL USE PERMITS. (A-1) The following uses shall be permitted only by special use permit: mining-conforming to State regulations-(uranium mining prohibited) DIVISION 11. INDUSTRIAL DISTRICT (M-1); LIGHT INDUSTRY SEC. 35-382. PURPOSE. This district is established to encourage the development of manufacturing and wholesale business establishments which do not produce high levels of smoke, smell, noise, light, dust and other nuisances; who operate primarily within enclosed structures and who do not deal with large volumes of customers on a continuous basis throughout the day. P6 Limitations on (or provisions relating to) height of building, horsepower, heating, flammable liquids or explosives, controlling emission of fumes, odors, or noise, landscaping and the number of persons employed may be imposed to protect and foster environmental desirability while permitting industries of certain types to locate near a labor supply, provided buffering districts or buffering land is provided, buffer zones may be required by the Zoning Administrator to mask industry operations from adjacent non- industrial zoned districts. This buffering may take several forms including but not limited to fencing, barriers, trees, shrubs, or other ornamental landscaping. This buffering action will be the responsibility of the industry and the requirements described on the zoning document and/or building permit. SEC. 35-383. PERMITTED USES. Within the light industry industrial district (M-1) the following uses are permitted: manufacture of products from bone, canvas, cellophane, cloth cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paint, plastic, precious metals, precious stones, rubber, shell, textiles, wood-previously prepared There is the need to either delete or define precious metals processing precious stones processing precious metals & precious stones SEC. 35-384. SPECIAL USE PERMITS. (M-1) Mining - (uranium mining prohibited) DIVISION 12. INDUSTRIAL DISTRICT (M-2); HEAVY INDUSTRY SEC. 35-401. PURPOSE. This district is established to provide locations for larger scale manufacturing, processing, and warehousing operations which may require extensive community facilities and access to transportation facilities have open storage and service areas and generate heavy truck traffic. These districts may be established by amendment to the Zoning Map to permit industries which have a public nuisance potential and will therefore be subject to P7 intensive review for locational impact on surrounding land uses and environment. These districts may be established in areas: a) that are served by major highways, rail or air service, or secondary road improved to state standards; b) that are either served by public water and sewer or meet requirements of the local office of the State Health Department, and c) that are clearly suitable for intended uses with regard to physical characteristics and relationship to surrounding development. This district is designed to encompass heavy manufacturing with large outside storage, warehousing, and large product display areas. Buffering zones may be required by the Zoning Administrator to mask industry operations from adjacent non-industrial zoned districts. This buffering may take several forms including but not limited to fencing, barriers, trees, shrubs, or other ornamental landscaping. This buffering action would be the responsibility of the industry and requirements described on the zoning document and/or building permit. SEC. 35-402. PERMITTED USES. Within the heavy industry industrial district (M-2), the following uses are permitted: Delete or define "cut stone operations", "non-ferrous foundry" SEC. 35-403. SPECIAL USE PERMITS. Delete or define crushed stone operations mining-(mining of uranium prohibited) DIVISION 13. CONSERVATION DISTRICT, C-1 SEC. 35-529. PURPOSE. This district covers portions of the County which are occupied by various open spaces such as steep slopes, forest, parks, marshland, lakes, watersheds needing protection since they supply public water impoundments, or stream valleys. This district is established for the specific purpose of conserving water and other natural resources, reducing soil erosion, protecting watersheds, reducing hazards from flood and fire and preserving wildlife areas of the County. This district is distinguished from agricultural districts in that fewer permitted uses and special uses are allowed secondly, density and intensity of land use activities should be less overall to produce less chance for pollution problems to critical water supplies, for example, and thus protect public health. SEC. 35-531. SPECIAL USE PERMIT REQUIRED. ~C-1~ The following uses shall be permitted only by special use permit: PB > > , , ~ • • ~ • . > > > Additional definitions are needed for the zonin ordinance Some are• minerals mi_ nin~ recious metals precious stones milling of ore mineral rights mineral leases mineral resource mineral reserve P9 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: 2007 Homeland Security Program Grant SUBJ ECT/PROPOSAUREQUEST: Amend and Appropriate Budget STAFF CONTACT(Sl: Davis, Sleeper AGENDA DATE: ITEM NUMBER: February 17, 2009 5(b) ACTION: INFORMATION: Yes CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: REVIEWED BY: BACKGROUND: On December 1, 2008 the Board of Supervisors by adopted a resolution to accept The Commonwealth of Virginia Department of Emergency Management grant for $25,000.00. (2007 Homeland Security Program Grant). DISCUSSION: This grant was awarded to Pittsylvania County for our Citizen Corp Program (CERT). This funding enables Pittsylvania County to teach adults and Teenagers the CERT program. To date we have trained over 260 adults and 89 teenagers. RECOMMENDATION: Staff recommends that the Board of Supervisors appropriate and amend $25,000.00 to the current FY08/09 Budget for Pittsylvania County to include this grant. P10 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Assignment of Contract SUBJECT/PROPOSAL/REQUEST: Assignment Contract - Economic Development Office STAFF CONTACT(S): Mr. Sleeper AGENDA DATE: 02-17-09 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY: ~ ITEM NUMBER: TBA 5(c) INFORMATION: INFORMATION: BACKGROUND: Whereas, the Board of Supervisors has voted to create a Department of Economic Development under the County Administrator; thus closing the current office of Economic Development under Pittsylvania County Economic Development, Incorporated and certain business items and changes have to occur. DISCUSSION: Attached hereto, is an assignment of a contract between Pittsylvania County Economic Development and the County of Pittsylvania and Office Plus Business Centre for a copy machine currently located in the Pittsylvania County Economic Development office. This machine is also used by the Pittsylvania County Agricultural Development Board. RECOMMENDATION: Staff recommends that the Board of Supervisors approve the assignment of the contract and authorize the Chairman of the Board to sign on the behalf of Pittsylvania County. P11 /~ ~ 0 V ~ ~: . ,.. . : .__ "' ~ M~ +~DC~ lncludes all service parts, labor, and supplies excluding paper. • • . . . : •. . . •. - D8/01/0$ to 0~01/09 B11N $0: ~15. per copy $p:09 per copy Golor 2149 BU~INESS CENTRE SECOND YEAR CONTRACT Company: Pittsylvanla County Economic Development, lnc. Key Operator: Carol Motley Address: 34 North Main Street Cell: City, Chatham State: VA Zip: 24591 Phone: 432-1669 Date Pu~chased; 07131/fl7 Office Plus Business CenUe, hereinafter called "OPBC", agrees to render ser~ice for a tertn of one year, commencing on 081Q1l08 and ending on 08/01/09 fo~ the above Iisted party, hereinafter called the "Customer", oh the equipment listed below. ALL ~QUIPIUIENT UNDEF2 MAINTENANCf MUST BE FROTECTED BY AN OPB~ APPROVED SURGE PROTECTOR: If service is required, and there is NO surge protector in place, the contract may be canceied on site with any service requir~d being billed at oUr nartrial service ]abor and parts rates. OPBC agrees, during such term to provide service cails to be made only during normaf business hours; to keep the Equipment in good. working order, to make ell necessary adjustments and re;pairs, p[qvide ihat such adjustmehCs, repairs, or parts rep~acement is not required beEause of aocident, neglect, misuses, €ailure of:electricai power or causes oth~r fhan ordinary wse: 5uch service will be rendered only vpor~ the epproval by the Gustorner and after an estimate ~f #he additivnal charge has been made. Serviee v~ill be furraished on the Equipmenf; howeyer, no inspections will be pedormed under this contract. It is undetstood #hat the Equipment is in good working condition at the dafe of acceptanae of fhis agreement. This agreement INCLUDES the fumishing of ALL expendable operating suppiies such as toner, developer, drums, fuser rollers, stc., EXCEPT; paper or any produCt the copies are applie'd to. This cdntrao# inctud8s all ser±vice anii supp1y items (except paper and s#apies), maintenance parts, and la6or, at a chat'ge ofi $U.015 per co.py. for blaak and white copies, and $U.09 per copy forcoior copies billed quarterly {minimum btlling..annually ~f $ 250.Q0). 'Qbvi~us operator errQr~" will be subject<to the full cost of the senrice cap. Foreign objects such;as ~a^~air clip's and st~ples'Faund in the docum~nt feed~r, causin/p~ datrta p ~s an example of ar~ obv,ious operator errar. .. ,. ..s_ i.~~. ,~.. ~ .~. ... ~YY."fl'YY4"ir4:-1_~:1_ 4~{NW...'Y' P.r ._ "4?t.8v)_'°e~~_I_a_~.4"_".~_~?'!i~i ~.~~.'a.~Y~".5~.~~1.~.u..1: E~S^...~_ in5#ail~ u~iA' 2i~ ~pl~ded as.a part of t~.e triitlal det~ery: AnY aon'~it~t~dh ~it~e r.~4ti~f1`et~~ts7~ tne #t~st.t~~r{1 ii~~`1-~~- ~,~~u~;ai.au~ norrr+al'hourly ~srv+ii~'rate. The Gus#omer agrees to pay in advance the sum of $.000.00 (minimum billing annually of $ 350.0~) ior the above .senrice, and that OFBC author~zed serv+ce personnel shafl have full and free ascess to the Equipment to perForm ser~ice thereon. Op~C shall not be responsible for failure to render se~vice due to oauses beyond its cantr.ol. Th~ Customer ag~ee5 that seniic~e outsicie ~3PBC's nomial business hou~s be fumished at OPBCs estabfished seNiee rates t#ierl ih effect. The Customer agrees tha# OPBC shall not be required to adjust or repair the Equipment, or any part tfiereo#, if it would be impcacti,cal for OPBC personnei to db so because nf alteration ofi the ~quipt~tent, placing the machine outside the m~nufaC#ures re:quired specifications, or its cor~neetioh to anoth'er ma~hine or d~vice. i# the toEal CPC (meter) biAing does not meei or exceed the annual minimum, an additional charge will be applied with the last quaderly meier billing #o brir~g the total billing to the $ 250.00 annual miriitt~um. Charles R. Havnsworth, Iil President Offered by Title Print Name Print Title 840 Memorial Drive - Danville, VA 2dS41 ~ha~~~~ (434) 787-9090 - FAX (434) 797-9096 - Toil Free (800) 533-6681 (vA-NC) ~~~~9i~~m~ [tb . IAI MI ~ ~nu ~. He {n ~IMI ~71~9 Ldl~ P12 NO OTHER V1IARRANTIES EXPRE3SED OR IMPLiED., INGLUDING TNE 1NAiRf~ANTY 4f MERCHAIVTABILITY, Fll'NESS FOR PURROSE; OR OTHERWISE ~H.ALL ARFLY TO THE 3ER~/IGE OR i~ART~. Either Party may terminate this agraement at any Ume by giving a thirty- (30) day written notice to the ofher party. The ter~s and conditions ;Merein shall,p[s~rail. not withsEand~ri5 ~-?Y varianrse with tNe lefms and condftions of any order subrnik~ed by the Customer with respeat x6 Mainterialice Service. Any tefrralhing ~overage on th~ listed equipmer~t may be refunded if repair parts, maintenance par~s, or supply if~ms become unavailable from the otiginai.marwfad~'er at arrytime. ASSIGNMENT OF CONTRACT THIS ASSIGNMENT OF CONTRACT ("Assignment") made as of the lst day of February, 2009, by and among PITTSYLVANIA COUNTY ECONOMIC DEVELOPMENT, INC., a Virginia corporation ("Assignor"); THE COUNTY OF PITTSYLVANIA, VIRGINIA, a political subdivision of the Commonwealth of Virginia ("Assignee"); and OFFICE PLUS BUSINESS CENTRE ("OPBC"); WITNESSETH: That for good, valuable, and sufficient consideration, the receipt and sufficiency of which is hereby acknowledged, Assignor hereby assigns to Assignee all of its right, title, and interest in the certain GDCX Copier Maintenance Contract and all addenda thereto (the "Contract"), entered into between Assignor and OPBC, covering the use of a certain GDCX Copier Machine as more fully described in said Contract. Assignee does hereby accept the assignment of all of the right, title, and interest of Assignor in the said Contract, effective the 1 st day of February, 2009. OPBC joins in the execution of this Assignment to evidence its consent to the assignment of the Contract by Assignor to Assignee. The parties understand and agree that, upon the execution of this Assignment, Assignor shall be fully relieved of all of its obligations and duties under the Contract, and Assignee shall be fully responsible for all of Assignor's obligations and duties under the Contract as if Assignee had been the original party thereto. IN WITNESS WHEREOF, the parties hereto have set their hands the date first shown above. PITTSYLVANIA COUNTY ECONOMIC DEVELOPMENT, INC., a Virginia corporation By: ~cu-~ Title: THE COUNTY OF PITTSYLVANIA, VIRGINIA, a political subdivision of the Commonwealth of Virginia By: Chairman, Board of Supervisors OFFICE PLUS BUSINESS CENTRE By: G~ • '~ Lw~~ Title: P13 LAW OFFICES CL~M~NT ~ WHEATL,E~' Ci~enn ~. ~ey ~ ~ ~ R. Lee Yancey A ProfeSS~Of7Ci~ COt~70YC1ftOf1 Harry P. Sajze~~arist Mic}~ae~ L'. liuanzon~ Edward F. Hodges, )c Rutledge C. C~ement (1906-1979) W. Huntington Bymea' C. Stuart W~eat~ey (1905-1982) Daaen W. Bent~ey' Josep}~ M. Winston, Jx., Retired l~manda M. Morgan Rachae~ A. San~ord aww.c~ementw~eat~ey.com Set}~ M. Iand Anne Louise Mason H~ E. Snedden, Il Brian T. ~. ~2eddan 'l1~so ~icanaad in Nortl~ Caro~ina tf~~so ~'cenFed in (~'¢orgio January l4, 2009 Mr. Charles R. Haynsworth, III President Office Plus Business Centre 840 Memorial Drive Danville, VA 24541 Main O{{ice $49 Main Street JAN l 5~~~ Po`Bo= azoo D-a e, Vuginia 24543-8200 Telepkone (434) 793-8200 ` ' Facsimi~e (434) 793-8436 . Squtq B'oston Omce Tke Security Bui~diag 554 Nort~ A9ain Street, Suite 111 P.O. BoX 246 Sout~ Boaton, V'irginia 24592 Te~ep~one (434) 575-8200 Facsimi~e (434) 575-8436 RE: GDCX Copier Maintenance Contract between Pittsylvania County Economic Development, Inc. and Office Plus Business Centre Dear Charles: I have enclosed with this letter three (3) originals of an Assignment of Contract made as of February 1, 2009 (the "Assignment"), by and among Pittsylvania County Economic Development, Inc., a Virginia corporation ("PCED"), the County of Pittsylvania, Virginia, a political subdivision of the Commonwealth of Virginia (the "County"), and Office Plus Business Centre ("Office Plus"). I have also enclosed a copy of the GDCX Copier Maintenance Contract for your convenience. Please have the three (3) originals of the Assignment executed on behalf of Office Plus, then forwazd the three (3) originals of the Assignment to William D. Sleeper, County A.dministrator, at P.O. Box 426, Chatham, VA 24531, for execution on behalf of the County. By copy of this letter to Mr. Sleeper, we are asking that he obtain the County's execution of the Assignment and then forward the three (3) originals of the Assignment to PCED for its execution thereof. Upon PCED's execution of the Assigrunent, we are asking that all three (3) originals of the Assignment be returned to us, for distribution to each of the three (3) parties. If you have any questions or concerr~s, please feel free to contact me. Very truly yours, `~i~ R. Lee ad /lrp Enclosures S,e! Mr. William D. Sleeper, County Administrator P14 PITTSYLVANIA COUNTY VIRGINIA William D. Sleepet County Administrator P.O. Box 426 Chatham, Virginia 24531 dan.sleeper@pittgov.org Phone (434) 432-7710 Fax (434) 432-7714 Grema/Hurt (434) 656-6211 Bachelors Hall/Whitmell (434) 797-9550 Memorandum To: Otis S. Hawker, Assistant County Administrator ,,`~ I~ Kim Van Der Hyde, Director of Finance ~~ Donna Meeks, Director of Central Purchasing Darrell Dalton, Director of General Property From: William D. Sleeper, County Administrator Date: February 6, 2009 Su6ject: Economic Development Office Attached hereto, you will find copies of the Assignment Contracts for the copy machine in the Pittsylvania County Economic Development office and for the Assignment of the rental agreement with Billie Reynolds for the Economic Development office. In addition, you will be receiving bills for the telephone and electricity and the water and sewer will come to the County as soon as we modify our lease agreement. Ms. Reynolds has agreed to accept the assignment of the lease agreement as long as we combine the Pittsylvania County Economic Development office with our Agricultural Development office into one lease. If you should have questions concerning this notification, or attachment or materials, please do not hesitate to contact my office. WDS/kp Attachment Cc: File P15 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Assignment of Lease Contract SUBJECT/PROPOSAL/REQUEST: Lease Agreement - Pittsylvania County Economic Development STAFF CONTACT(S): Mr. Sleeper AGENDA DATE: 02-17-09 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY: ~i ITEM NUMBER: TBA 5(d) INFORMATION: INFORMATION: BACKGROUND: The Board of Supervisors has voted to establish an office of Economic Development under the County Administrator. Cunent actions and activities of the Pittsylvania County Economic Development, Incorporated, must be transferred and assigned to this new department. DISCUSSION: Attached hereto, you will find an Assignment of Lease between Pittsylvania County Economic Development, Incorporated, The County of Pittsylvania and Ms. Billie W. Renolds. The current lease runs through December 15, 2009. It is the intent of Ms. Reynolds to work out Pittsylvania County a combination of the existing lease for the Economic Development office and the Agricultural Development Board office into one (1) lease. This will be brought to the Board at a later date. RECOMMENDATION: Staff recommends that the Board of Supervisors approve the assignment of lease and authorize the Chairman of the Board to sign on the behalf of Pittsylvania County. P16 ASSIGNMENT OF LEASE THIS ASSIGNMENT OF LEASE ("Assignment") made as of the lst day of February, 2009, by and among PITTSYLVA1vIA COUNTY ECONOMIC DEVELOPMENT, INC., FORMERLY PITTSYLVANIA ECONOMIC DEVELOPMENT ORGANIZATION, INC., a Virginia corporation ("Assignor"); THE COi1NTY OF PITTSYLVAIVIA, VIRGINIA, a political subdivision of the Commonwealth of Virginia ("Assignee"); and BILLIE W. REYNOLDS ("Lessor"); WITNESSETH: That for good, valuable, and sufficient consideration, the receipt and sufficiency of which is hereby acknowledged, Assignor hereby assigns to Assignee all of its right, title, and interest in the certain Lease and any and all addenda thereto (the "Lease"), entered into between Assignor, as Lessee, and Lessor, covering the real estate located at 34 North Main Street, Chatham, Virginia„ and as more fully described in said Lease. Assignee does hereby accept the assignment of all of the right, title, and interest of Assignor in the said Lease, effective the 1 st day of February, 2009. Lessor joins in the execution of this Assignment to evidence her consent to the assignment of the Lease by Assignor to Assignee. The parties understand and agree that, upon the execution of this Assignment, Assignor shall be fully relieved of all of its obligations and duties under the Lease, and Assignee shall be fully responsible for all of Lessee's obligations and duties under the Lease as if Assignee had been the original Lessee. above. IN WITNESS WHEREOF, the parties hereto have set their hands the date first shown PITTSYLVAlvIA COUNTY ECONOMIC DEVELOPMENT, INC., FORMERLY PITTSYLVAI~TIA ECONOMIC DEVELOPMENT ORGA1vIZATION, INC., a Virginia corporation By: Title: THE COUNTY OF PITTSYLVANIA, VIRGI1vIA, a poGtical subdivision of the Commonwealth of Virginia By: Chairman, Board of Supervisors .!'~iGI~C BILLIE W. REYNOLDS P17 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Change Order #1 -Witcher Road Water & Sewer System Project SUBJECT/PROPOSAL/REOUEST: Change Order #1 -Witcher Road Water & Sewer System Project 02-17-2009 ACTION: Yes CONSENT AGENDA: ACTION: STAFF CONTACT(S): Mr. William D. Sleeper ATTACHMENTS: Yes REVIEWED BY: 5 (e) INFORMATION: INFORMATION: BACKGROUND: The County has issued a contract with Crews Construction to make the water and sewer system improvements to the community under a CDBG grant. This project also coincides and ties into the Ringgold waterline. DISCUSSION: When obtaining the permit from the Virginia Department of Transportation (VDOT) to bore under U.S. RT58 East and tie the sewer line into the existing force main running from VIR to the new Cane Creek pump station, VDOT required an additional 40 feet of casing be added to the bore to meet VDOT standards and clear a filled area in RT 58 when originally constructed. Staff and engineering have negotiated with Crews Construction to a unit price in the existing contract in the amount of $7,899.30 for this change. RECOMMENDATION: Staff recommends the Board of Supervisors approve this Change Order with Crews Construction in the amount of $7,899.30 and authorize the County Administrator to sign all necessary documents. P18 ~~~ January 29, 2009 Mr. Dan Sleeper County Administrator Pittsylvania County, Virginia 21 North Main Street Chatham, V ~~ 24531 Re: Change Order 1 Witcher Road Water & Sewer System Ringgold, Virginia Dear Mr. Sleeper: HURT~'w PROFFITT E~ 1 N C O N P O R A T E D Enclosed please find Change Order #1 for your approval. To meet VDOT LUP requirements, the length of casing required for the bore of the force main under the westbound lane of Rte 58 needed to be extended by 40'. VDOT will not allow any excavation to occur in the fill section of the road way. The change results in a net increase of $7,899.30. If you have any questions, please feel free ta contact me. Sincerely, Hurt & Pr Brian L. Cossman, PE, LEED AP Project Manager ~`ENGINEERING » SURVEYING » PLANNING P19 2524 LANGHORNE ROAD LYNCHBURG VA 24501 $OO.Z~{Z.~i9OG TOLL FREE 434.847.7796 rnn~N 434.847.0047 rnx W W W.HAMDP.COM HURT PROFFITT i N C O R P O R A T E D rEhGiNEERIku » SURVFVING » PLANNIY.G 2524 LANGHORNE ROAD LYNCHBURG, VA 24501 TouFRee 800.242k906 MniN 434.847.7796 Fnx 434.847.0047 WWW.HANDP.COM Change Order Change Order # Project Witcher Rd Water & Sewer oace 1 /29/2009 Project # 20070523 owner Pittsylvania County, Virginia commission # contractor Crews Construction Company, Inc. Contract Date 13-Nov-08 For .Water & Sewer System Installation ------ - ro Crews Construction Company, I-1C. Contractor You are directed fo make the changes nofed be/ow in the above contract: owner Pittsylvania County, Virginia By Date Description of Changes DECREASE INCREASE in Contract Price in Contract Price 1 Additional bore under Rte 58 for force main I $7,899.30 2 I 3 ~ 4 5 Totals » $0.00 $7,899.30 Net Change in Contract Price » $0.00 $7,899.30 Justi~cation: The plans show casing for the force main crossing of Rte 58 for 5' off EP to 5' off EP of the westbound lane. To meet VDOT LUP requirements, the length of casing will need to be extended an additional 40' to not disturb the soil in the fill area of the roadway. The changes result in the following adjustment of contract price and time: Contract price prior to this Change Order $502,199.70 Net INCREASE resulting from this Change Order $7,899.30 Current contract price including this Change Order $510,099.00 Contract time prior to this Change Order 150 CalendarDays Net O Increase OO ~ecrease resulting from this Change Order O CalendarDays Current contract time including this Change Order 150 CalendarDays The above changes are approved: Engineer ___ H roffitt, Inc. conrracror __ Crews Construction Company, Ine. By - - --- ------ By - -~~~~'~ -- oate L ~ ~, ~ _ p _ __ - ~- - ----- --- - - - -- ---- -- Date ~ -_ _ __ - __ Q ~ P20 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Change Order 2; RinggoldJTom Ford Road Water System SUBJECT/PROPOSAL/REOUEST: Change Order 2; Ringgold/Tom Ford Road Water System STAFF CONTACT(Sl: AGENDA DATE: 02-17-2009 ACTION: Yes CONSENT AGENDA: ACTION: ITEM NUMBER: Mr. William D. Sleeper ATTACHMENTS: Yes REVIEWED BY: 5 (fl INFORMATION: INFORMATION: BACKGROUND: The Board of Supervisors has awazded a construction contract to Warrco, Inc., for the installation of the Ringgold/Tom Fork Road waterline. DISCUSSION: In the original bid proposal jacking under Stanton Drive was a costly item. Finding that it is not a State maintained road does not require the jacking and boring. Therefore, this section can be open cut with the rest of the shoulder installation of the Ringgold/Tom Fork Road waterline. The deduction from the contract is submitted to the Board of Supervisors, with a net change of $8,365. $135 was added to replace the driveway with gravel after its open cut and $8,365 was removed from the requirement of not jacking under the road. RECOMMENDATION: Staff recommends the Board of Supervisors approve this change order and authorize the County Administrator to sign on the behalf of Pittsylvania County. P21 ~~~ 'a:-iu ~ry 29, 2~04 Mr. Dan Sleeper County Administrator Pittsylvania County, Virginia 21 North Main Street Chatham, VA 24531 Re: Change Order 2 Ringgold/Tom Fork Road Water System Ringgold, Virginia Dear Mr. Sleeper: , ~ HURT~~. PROFFITT `T. I N C O R P O R A T E D Enclosed please find Change Order #2 for your approval. After the'uids had been opened and the contracto~ applied for the VDOT Land Use Permit, we were informed Staton Drive was not a VDOT maintained road. Because of this, the road crossing does not require a bore as shown on the design plans. The contrac±or will oper, cut the road to install the water line and repair the road to previous conditions or better. This change results in a net deduct to the pro;ect. If you have any qt~estions, please feel free to contact me. Sincerely Hurt &~ Brian L. Cossman, PE, LEED AP Project Manager *ENGINEERING»SURVEYING» PIANNING P22 ZSZ4 LANGHORNE ROAD LYNCHBURG VA 24501 HOO.2~LZ.A9O~I TOLL FREE 434.847.7796 Mn~N 434.847.0047 rnx W W W.M~xoV.COM HURT€,>: ..= PROFFITT 1 N C O R P O R A T E D 'aE~L-iNEERIfiG )) SURVEYING >) DIANNING 2524LANGHORNEROAD LYNCHBURG,VA 24501 To«FRee 800.242.4906 MniN 434.847.7796 Fnx 434.847.0047 WWW.HANDP.COM Change Order Change Order # 2 Date 1 /29/2009 Pro~ecr Ringgold & Tom Fork Road Water System Project # 20070523 owner Pittsylvania County, Virginia commission # Contractor Warrco, InC. Contract Date 13-Nov-08 For Water Line Installation ro Warrco, Inc. Contracror You are directed to make the changes noted below in the above contract: owner Pittsylvania County, Virginia By Date Description of Changes DECREASE in Contract Price INCREASE in Contract Price 1 Remove Jack & Bore of Staton Drive $8,500.001 2 Gravel Drive Replace ~ $135.00 3 4 5 , Totals » $8,500.00 $135.00 Net Change in Contract Price » $8,365.00 $0.00 Justi~cation: A bore was called out on the plans for Staton Drive. VDOT has stated this is not a road in their system, therefore they will not require a bore. Open cut of the road will be allowed as long as road is returned to like or better condition upon completion. The changes resu/t in the fol/owing adjustment of contract price and time: Contract price prior to this Change Order $1,469,813.07 Net DECREASE resulting from this Change Order $8,365.00 Cu~rent contract price including this Change Order $1,461,448.07 Contract time prior to this Change Order 250 CalendarDays Net O Increase OO Decrease resulting from this Change Order O CalendarDays Current contract time including this Change Order 250 CalendarDays The above changes are approved: Engineer rt roffitt, InC. Contractor WarrCO, InC. By - -- BY Date -- --- - - Date / Q _ ~ P23 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: CPMB Supplemental Allocation Request SUBJECT/PROPOSAL/REOUEST: Supplement to the Commonwealth of Virginia-CPMB STAFF CONTACT(S): AGENDA DATE: 02-17-2009 ACTION: Yes CONSENT AGENDA: ACTION: ITEM NUMBER: 5 (g) INFORMATION: INFORMATION: Mr. William D. Sleeper ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: Pittsylvania County is the fiscal agent for the Comprehensive Planning Management Board (CPMB) for Danville and Pittsylvania County. The operations of that program keeps the expenditures for the City of Danville and Pittsylvania County separate for the caseloads in each individual locality. DISCUSSION: Each year as we get through the process of making allocations for the number of cases before the CPMB, supplements to the Commonwealth of Virginia are required to determine whether or not we will receive necessary funds to complete the yeaz. Currently, there is approximately $1.6 million balance of Pittsylvania County; however, there are allocations in approved cases totaling $6,963,261, which exceeds the current proposed budget by $1,701,215. This is the amount of additional funding above what we originally proposed from the Commonwealth of Virginia, which would require the County to match it by .2355%. This will require a local allocation by the end of the year of $400,636. RECOMMENDATION: Staff recommends the Board of Supervisors authorize the Comprehensive Planning Management Board to apply to the Commonwealth for supplemental funds. Upon notification of approval, it be brought back to the Board of Supervisors to supplement the required matching funds in accordance with State law. P24 CSA SUPP~,EMENTAL ALLOC,A,TION QLT~ST M,A,~N REQUEST G5A RERORT7NG--SUPPLEMENTA~ A-~I,OCATION QUEST-FYp9 CSA Supplemental A(location http://www.esa.state.va.us/supp/2009/view.c i ?recordid=l5&~ips=%20I43&methoc(-2 RequlstForm--FY09 Page 1 of 4 Fabruaty 11, 20A~ DATE Februa 11 20p9 FIPS 143 LOCAUTY itts Iv~nia CONTACT PERSON Bsrbara Helmidc TELEPHONE 34 e{32-8371 E-MAfLADDRES5 rbers.helmidc 'ttt oV.o REPORT # certify that tl1e information provided in this request for a supptemental allOCation is accurabe, and that the cogts vyithin the request wer~ unanticinated and are required costs for spedflc mand ated children pursua~t to 5eetion 2,2-5211.C of the Gomprehens ive Senrtces Act II ce~s have been assessed, where required, by th~ . Family Assessment and Planning Team and comply with the provfsions of the Code f Vi infa the CSA Manual, afld the ro riatlons A~ Ct, THIS REQUE5T IS FpR FISCAL YEAR FYp9 Case July 08-1]ec OS Jsn 09.lune 09 Totai Actual+~y~~ Count Actual+F.stimaLad Ach,at+Estimated Program Year EXpandlturas Expendltures Expendl4uns (a) (b) {c} (b t c ~ d) 1. Iw1NDATED S~RVICES I RESIDENTIAL '1a. Foster Cale - N-E d+lldren in Licansad Reeiden 'at Congregate ~~ ; pool axpenditures for costs not covered by IV-E i.e., non room- 6 31,375.00 18,412.00 49,787,00 and-b0~rcl) 1 b. Foster Care - all others i~ l,icensed Residantfal ongregate Care 14 224,598.00 205,930.00 430,52B.00 1c. Reaidentlal Congregate Care - CSA Parantal A~ reements ; DSS Nona,stodia-Agreements o U.00 0.00 0.00 1d. Educa6onal Servioes - Congregate Carp 21 236,a~7,pp 217,231,00 453,688.00 7e. MANDATED $ERVICES 1 RESIDEN'f'IAL SUB bTAt (Sum of Nnes 1a. through id.) , 41 4yZ~430 ~0 ,94~ ~5~3 00 g34~pp3.00 T. OTH~R MANDATED S~RVIC~S Actual*Est~mated Expendl~res be~ew ara ior servi~os from July 1, 20pg . June 30, x009. 2a. Trierapeutlc Foster Care - IV•E 2 - 2a.1 Therspeutic Foster Care 8,741.00 6 8,741.00 2s.2 Therapeutic Fost~r Care _ CSq Parental Apree ents ; DSS - 194,592.pp tgq,5g2.pp NOncustadial Agreemen~ 0 - 0.00 0.00 2b. Specialized Foster Care -- IV-E ; Gommunity Ba 5ervlc~s 2 2b.7 SpecializedFosterCare - 19,436.00 1 19,438,00 zc. Family Foster Care - Iv-E ; Community Based 5 ~rvicas - 1,085.00 o . 1,095.00 ~d. Family Foster Care Maintenance onfy o.~ 3 - 0,00 Ze. Family Foster Care - Chlldren rec~lving mainten ~nCe and b i 7,6a4,p0 7,694.00 acuvides payments; independent living Stfpend/ as c ngements 3 ' ~7,592•00 17,592.00 tf. Community - Based Servlces 75 tf.1 Community Transl6on Services _ p;,~ect Fam;y s N;ces t - 1,439,530.00 1,439,530.00 Transition f~om Ftasidential to Community o 0 - 0.00 0.00 !g. Altematlve Day Piecement/ SPED Private Day 78 !h. Services In the Publlc School - 2,751,762.00 2,751,762,00 :i. Psychiatric Fios Ital~/Crisis Stsbilization Units 62 • 1,b85,828.00 1,585,826.00 ~. SUBTOTqL 1 - 3,000.00 3,000,00 (Sum of categories 1e. through 2i.) 272 492,430.00 6,a70,831.00 6,963,281,00 I.ess Estlm7lted Refunds for tl1e Fiscal Year. Net Estimatad Mandated Eapendituros for the IsCA~ Ysar: 82,~00.00 ~. ~ ~`'/~ e~~."t O 0 6~887 ~281,00 ;omments: ~ No Comments ffeCtive With fisCal yesr 20p6 supplemental r~equests, a hy lopllty whose ~gtimaled mandated spend111g in fisca- year 2009 will exCeed 2/i 1/2009 P25 l:~A ~UYYL~1V1~1V lAL ALLVl:Al1VN tVCIjU~~I MA,~N ~C~.l1V,G5~l~ CSA Supplem~ntal Allacation Requ~kst Farm-FY09 Yage 3 of ~4 . DA7E Februa 11 2009 LOCALITY-FIPS Pitts Ivania-143 CONTACT PERSON Barbara Melmick TELEPHQNE 3A 432-6371 E-MAIL AODRESS arbara,helmidc ' ov.or REPORT # 1 cerdfy that the informahon provided in this request for a supplemental ellocation 3s acwrate, and that the costs w~thln the request were nanticip~ted and are required oosts for speci~c mand ted chiidren pursuant to Section 2.2-5211.C of the Comprahensive Services Act. fl ceses have been assessed, where required, by the Family Assessment and Planning T~am and comply with the provisions of the Cod~ f Vi inia the CSA Manual and the A r0 ~IaUOns A t. 7HI3 REQUEST IS FOR F'tSCAL YEAft ~Y~9 l.ocat 8ase Rate Lxal Share State Share Totals A. Current Totaf Pool Allocatfon: Total dollar amount of pool funds allocated for FYO whlCh indudes inifial-alloCapon and any approved supple e~tal aAocatlons. 0.2355 812,598.84 2,637,828.38 3,A50,525.00 This indudes mandated and non-mandated pool nds avaAable. Iniddl Allocetion ; 3,a50,525.00 Supplements A ed : p.00 B. FY09 NOn.JNandated Protected Amouo~ Total dollar amount oi ament non-mandated prote ed funds - - - 47,385.00 cannot axaeed OCS authorized amounL C. FY09 NonaYlandated Coa1a: Amount of notrmandated actual + estimated expe ditures for . - - 3,403,140.00 FY09, D. Uoused Non~lAandated Pro~ecLed Funds Availa ble; (Li~e B minus Une C ' - - -3,355,755.00 E. MBqdatbd Fnnds Available: This number represents the exisdng alioceted fund ~ available for the ma~dated populatlon. ' ~ • 47,385.00 line A minus Line B plus Line D F. Net EsfJmaxed Mandated Expanditures Needed ~or tha Fiscal Year; This number shoufd be the actual mandated total d Ilar amount - - - 6 881 261 00 that your locelity projeds that it will need to pay for actual , , . mandated e~enses ina,rred through the end of d na 30, 2008. G. • Cang~egate Care July 08 - Dec 08 (~ine 1e Col 6.) 0,2355 115,967.27 376,462.74 48Z,43~.00 H. • Congregare Care Jan 08 - June 08 (Line 7e Col ~. 0.2709 119,577,97 321,595.03 441,573.00 I. • Other Mandated - NeutrAl Rate (Sum of Iines 2s+2s1+2a2+2b+2b1+2d+2e*2g+2i) 0.2355 707,418.92 2,286,483,08 3,003 ,902.00 J. • Other Mandated - 509b Less (Sum of lines 2c+ 2f1+2h) 0,1178 356,386.94 2,688,889.08 3,025,356.00 K. Total Estimated FY09 ~~endRures (Sum of lines G. through J. - 1,299,351.10 5,663,909.91 6,963,261.p0 l. ~ess Estimated Refunds for the Fiscal Year: 0.2355 19,311.00 62,889.00 82,000.00 M. supplemental A1locatlon Funds Requested (Additional Mandated Funds Needed): (line K-Line L- Line A) - 467,441.46 2,863,294.55 3,430,736.00 IMPORTANTI All signature5 indicated on the COVer page aro require . DOCURIerrtation must be 9ubmitted demonslrating that the supplemental allocation being requested is only f~r mandated (or "sum sufficie t") children, and that reasonable projectlons have bee~ made to estimate the amount of funds needed. CPAAT GHAIRNWN: Name C1TY/COUNTY ADMINIBTRATOR: Name http://www, csa. state.va.us/supp/2009/vi ew ~~ Signature ~~ Signature 7recordid=l S&fi.ps~/o20143&mEthod=2 2/11/2009 P26 CONSENT AGENDA PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 2-17-09 ITEM UMBER: 8(a) Consent Agenda: Regional One ACTION: INFORMATION: SUBJECT/PROPOSAL/REOUEST: Approval of Contract Payment CONSENT AGENDA: ACTION: Yes INFORMATION: STAFF CONTACT(S): Sleeper, VanDerHyde ATTACHMENTS: No BACKGROUND: At an adjourned meeting, December 22, 2008, the Board of Supervisors approved to appropriate $50,000 from unappropriated surplus to pay Regional One for ambulance service. Approval was made at that time for the first payment, which covered services from September-December 2008. The Board reyuired that monthly approval be given before payment is made. DISCUSSION: It is time to approve payment for Regional One for the months of Janaury -March. Requests for approval in the future will be presented to you at the adjourned meeting of the Board of Supervisors. RECOMMENDATION: Staff recommends that the Board of Supervisors approve payment to Regional One for January - March 2009. P27 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Resolution for Clara Stone Burch Tucker - 100 Years SUBJECT/PROPOSAL/REOUEST: Resolution for resident - 100 years of age ~ STAFF CONTACT(S): ~ Mr. William D. Sleeper AGENDA DATE: 02-17-2009 ACTION: CONSENT AGENDA: ACTION: Yes ATTACHMENTS: Yes REVIEWED BY: ITEM NUMBER: 8 (b) 1NFORMATION: INFORMATION: BACKGROUND: Attached hereto, you will find a resolution for Clara Stone Burch Tucker. Ms. Tucker is currently a resident in the Masonic Home of Virginia in Richmond, Virginia. DISCUSSION: Ms. Tucker obtained 100-years of age as of January 13, 2009 and it is a normal practice of the Board of Supervisors to pass resolutions congratulating citizens of the County who reach the age of 100. RECOMMENDATION: Staff recommends the Board of Supervisors approve and adopt the attached resolution. P28 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2009-02-04 WHEREAS, Clara Stone Burch Tucker was born in Pittsylvania County, Virginia, on January 13, 1909; and WHEREAS, Claza Stone Burch Tucker was born at home in the Chalk Level community as the eldest daughter of Joel Lafayette and Mary Gilbert "Mamie" Thompson Burch, where Mr. Joel Burch was a farmer; and WHEREAS, Claza Stone Burch Tucker attended the nearby Greenfield Elementary School and later graduated from high school as Valedictorian of her class at Gretna High School, in Gretna, Virginia, in 1926; and WHEREAS, After graduating from Longwood University in Fazmville, Virginia, she returned to Pittsylvania County and the ehalk Level community to teach school before mazrying Royal Stevens "Roy" Tucker, son of John William "Jack" Tucker and Nell Jennette "Nellie" Tucker, on Mazch 27, 1929; and WHEREAS, after the death of her beloved husband on December 30, 1945, Ms. Tucker and her only child, Royal Stevens "Roy" Tucker, Jr, moved to Danville, Virginia, where she worked at the L. Herman Department store that was later acquired by Tha,lhimers, Richmond, Virginia, where Ms. Tucker retired in 1974; and WHEREAS, In 1994, Ms. Clara Stone Burch Tucker moved to Richmond, Virginia and since 1998, has resided in the Masonic Home of Virginia, where she continues to live, is very alert and spry, and aside from some deafn~ss, continues to live a productive life, enjoying crocheting and making gifts for her family members and friends; now THEREFORE, BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors express their sincere congratulations to Clara Stone Burch Tucker as she has reached her 100`~ yeaz milestone on January 13, 2009; and BE IT FURTHER RESOLVED, that the Boazd of Supervisors directs that a copy of this resolution be presented to Claza Stone Burch Tucker on the behalf of the Board and the Citizens of Pittsylvania County. Given under my hand this 2nd day of February, 2009. Coy E. Harville, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors P29 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Mt. Zion Water Line SUBJECT/PROPOSAL/REOUEST: 02-17-2009 ACTION: 8 (c) INFORMATION: Amendments to Ringgold Waterline Design STAFF CONTACT(S): CONSENT AGENDA: ACTION: Yes INFORMATION: Mr. William D. Sleeper ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Board of Supervisors has an engineering contract with Reynolds-Clark, of Gretna, Virginia, for the development of the Ringgold waterline. This was incorporated with Hurt & Proffitt for a project of the Ringgold/Tom Fork Road Waterline. DISCUSSION: At the end of the Tom Fork Road area, at SR 729, there is a subdivision currently on a water system with the Pittsylvania County Service Authority. We aze trying to reach that system and put the people on the public water from Tom Fork Road. This requires some additional engineering necessary to provide a tie-in to the Ringgold Church Road waterline. The County Administrator has signed this in order to keep the project moving on time. We aze requesting the Board of Supervisors to ratify this Change Order with Reynolds-Clark. RECOMMENDATION: Staffrecommends the Board of Supervisors ratify the action of the County Administrator for February 4, 2009, with Reynolds-Clazk for the contract amendments to the Ringgold Waterline design. P30 1~ Re~nolds Clark February 3, 2009 Mr. Otis Hawker, Asst. County Administrator Pittsylvania County P.O. Box 426 Chatham, VA 24531 RE: Mt. Zion Water System Amendment to Ringgold Waterline Design Contract Dear Mr. Hawker: V FEB - 5 20pg Reynolds-Clark Development, Inc. (R-C) is pleased to submit the following proposal to provide engineering services for the design of an additional public waterline extension in the Ringgold area of Pittsylvania County. If accepted, this proposal will be an amendment to our existing Ringgold design proposal dated April 30, 2007 and approved by the County on May 5, 2007. Our understanding of the project, proposed scope of services and related fees are described below. PROJECT UNDERSTANDING The Mt. Zion neighborhood (Mr. Zion Circle, Williams Drive & McCain Drive) is currently served by an aging well and pump system that requires frequent testing and maintenance by PCSA. The current waterline elctension project along Ri.nggold, Tom Fork and Ringgold Church Road will bring a new line adjacent to this neighborhood. By making relatively short extensions along Williams Dr. (SR 1101) and Mt. Zion Circle (SR 1102), we can tie-in to the existing system and take the pump and well system out of service. ~This would also benefit the' new waterline by adding services at its termfnation which'should keep water moving through the new line. SCOPE OF SERVICES Any item not contained in the following scope of services will be deemed additional services and will be billed accordingly. We will utilize existing maps and data obtained from the County GIS Department to produce the base maps. No field survey is proposed for this project. R-C will produce a plan sheet of the area showing the existing water system as field located by PCSA and the proposed new improvements, including the necessary tie-in to the new line along Ringgold Church Road (SR 726) that is currently under construction. 112 South Main SUeet - PO BOX 556 - Gretna, VA 24557 - 434.656.8961 p- 434.656.8995 i- www.reynoldsdark.wm P31 Mr. Otis Hawker Mt. Zion Water System - Amendment to Ringgold Proposal February 4, 2009, Page 2 of 3 • We will not produce a profile drawing (elevation views) of this extension as we do not feel it necessary for a project of this size. • Biddin~? Documents - R-C understands that this project be incorporated into the existing Ringgold waterline contract as a change order. R-C will not have to develop any bid documents for this amendment, but will require the contractor to complete the work according to the existing Ringgold/Tom Fork Water Line Project Manual. • Revisions - R-C will submit preliminary plans to the County and PCSA for review and comment. After receipt of all comments we will make any necessary drawing revisions, perform a fmal quality control review, and prepare final sealed plans to be used for pricing and construction. • Construction Administration - R-C will obtain pricing from the contractor and prepaze the change order for approval by the County. R-C will provide five (5) sets of plans to the contractor for construction purposes. Shop drawings and material submittals will be reviewed. A Preconstruction Conference will be conducted to discuss and align the change order into the existing construction schedule. Site visits will be made according to the construction inspection schedule. One thorough site visit will be made monthly for the purpose of reviewing the contractor's pay request. FEES R-C proposes to provide the services detailed above in the SCOPE OF SERVICES for the following fees: Construction Document Preparation ---___________~____~_____ $ 2~g50 Lump Sum Construction Administration ----------------______________________ $ 550 Lump Sum SCHEDULE R-C can produce the construction drawings within 2 weeks of proposal acceptance. We anticipate 1 week for contractor review and pricing. SPECIAL CONDITIONS AND OUALIFICATIONS l. Any items not specifically described in our Scope of Services above are not included in this proposal. 2. Should the scope of services as described above increase, R-C would negotiate additional fees for services beyond those originally proposed. 3. The County is responsible for payment of all review and permit fees, if any. 4. This proposal does not include environmental or testing services of any nature. 112 Soulh Main Street - PO BOX 556 - Gretria, VA 24557 - 434.656.8961 p- 434.656.8995 f- www. reynoldsclark.com P32 Mr. Otis Hawker Mt. Zion Water System - Amendment to Ringgold Proposal February 4, 2009, Page 3 of 3 PROPOSAL ACCEPTANCE We appreciate the opportunity to submit a proposal for your project. Please do not hesitate to call if you have any questions or wish to discuss this proposal further. If acceptable, please sign and return a copy of this proposal to us for our records. Sincerely, Reynolds-Clark Development, Inc. /.,~C~W~ ~ Timothy C. Reynolds, P.E. Vice President S:Vuluketing~Proposal}Ringgold W~terline Extrnsion Ammend)Mt Zion}020309.doc ~~~ ~~ CQa~k_ Gretchen B. Clark, P.E. President This proposal of Reynolds-Clark Development, Inc. is accepted: C.J/ Print (type) Name of AuthorizeQ Representative 112 South Main Street - PO BOX 556 - Gretna, VA 24557 - 434.656.8961 p- 434.656.8995 f- www.reynoldsGark.com P33 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Out of State Travel SUBJECT/PROPOSAL/REOUEST: 02-17-2009 ACTION: 8 (d) INFORMATION: Agricultural Development Agent STAFF CONTACT(S): CONSENT AGENDA: ACTION: Yes INFORMATION: Mr. William D. Sleeper ATTACHMENTS: No REVIEWED BY: BACKGROUND: County employees require approval by the Board of Supervisors for work related travel outside the Commonwealth of Virginia. DISCUSSION: Fred Wydner, Agricultural Development Agent for Pittsylvania County, attends a number of out-of-state conferences to benefit the farm community in Pittsylvania County. We are requesting approval for Mr. Wydner to travel to Chicago for an agricultural development product show, representing Pittsylvania County on the cattle industry. Funds aze in the agricultural budget. RECOMMENDATION: Staff recommends the Board of Supervisors authorize the out of state travel for the Agricultural Development Agent for Pittsylvania County. P34 PUBLIC HEARINGS (BOOKLET and/or ENCLOSURE) NEW BUSINESS PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Update/Enforcement of the Pittsylvania County Minerals Tax AGENDA DATE: 02-17-2009 ITEM NUMBER: 10 SUBJECT/PROPOSAL/REOUEST: Recommendations from Karen B. Maute STAFF CONTACT(S): Mr. William D. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: No REVIEWED BY: INFORMATION: INFORMATION: BACKGROUND: Pittsylvania County has Minerals Ta~c for natural resources extracted from Pittsylvania County. DISCUSSION: Attached hereto are recommendations for updating the Pittsylvania County Minerals Tax submitted by Karen B. Maute to the Pittsylvania County Board of Supervisors. RECOMMENDATION: Staff submits this the Board of Supervisors for their review and consideration. P35 information for February 17, 2009 Board of Supervisors' meeting. Karen B. Maute 434-797-3460 Consideration of updating and enforcing the Pittsylvania County's Mineral Tax February 6, 2009 Honorable Members of the Pittsylvania County Board of Supervisors, The current county assessment must include accurate identification and assessment of mineral lands. The Pittsylvania County Board of Supervisors' Finance Committee should explore the current mineral tax and make much needed changes to the Tax Code. The BOS could appoint a study Commission which includes a Commissioner of Revenue member, the BOS Finance chairman and citizen representation to update our current mineral tax law. At present, the mineral tax is appears unenforced. The county collected only $33 in mineral tax last year. As I understand it, only one individual who excavated minerals paid the mineral tax. We have other individuals and corporations who excavate minerals. In addition to excavated/mined minerals we have the authority to levy taxes on mineral rights (as identified by deed), known mineral resouces and mineral reserves at different rates. Examples of tiered mineral tax codes should be available form Virginia counties who are engaged in coal mining activities. These could serve as a framework for devising our county's code. According to the Feb. 2, 2009 Technical Report on the Coles Hill Property prepared for Santoy Resources LTD. and Virginia Uranium, Inc. http://www.santov.ca/i/pdf/43-101ColesHillpdi the following mineral lands were noted: "VUI has leased or purchased the mineral rights to approximately 2,940 acres that includes associated surface rights to 2,296 acres covering the SCHD and NCHD, as well as areas for exploration, mining operations, milling, waste management areas, and setbacks. An area (the "Protected Area") of about 637 acres exists around the Coles Hill historical buildings and cultural areas where only underground mining is allowed." Maps and information in the Technical Report should help in correctly identifying and assessing the mineral lands at Coles Hill. The Treasurer's Office has no record of Virginia Uranium, Inc. Therefore may be assumed that they have paid no county taxes even though there was equipment onsite for exploratory drilling and related activities. Their budget supports an ongoing exploration initiative, vigorously lobbying to lift the uranium mining moratorium, payroll and philanthropic donations. Plans are undervvay for them to merge with Canadian Santoy Resources, Ltd. Just as those of us that own homes, personal property, equipment for our jobs have to pay taxes, those who claim mineral rights, and reserves should too. It is time to update the mineral tax. P36 Code Of Virginia references: § 58.1-3000. Real estate, , tangible personal property and merchants' capital subject to local taxation only. All taxable real estate, all taxable coal and other , and all taxable tangible personal property and the tangible personal property of public service corporations, except rolling stock of corporations operating railroads, and also the capital of inerchants are hereby segregated and made subject to local taxation only. (Code 1950, § 58-9; 1971, Ex. Sess., c. 33; 1984, c. 675. ) § 58.1-3286. to be specially and separately assessed; severance tax. The several commissioners of the revenue shall, as soon as practicable after Januar 1 of each year, specially and separately assess at the fair market value all ~~ and the improvements thereon and shall enter the same on the land books of their respective counties separately from other lands charged thereon. The commissioner, in assessing ~, shall set forth upon the land book: 1. The area and the fair market value of such portion of each tract as is improved and under development; 2. The fair market value of the improvements upon each tract; and 3. The area and fair market value of such portion of each tract not under development. In the alternative to the procedure outlined in subdivision 1 above, any county or city may impose by ordinance a severance tax on all coal and gases extracted from the land lying within its jurisdiction. The rate of such tax shall not exceed one percent of the gross receipts from such coal or gases. Any such county or city may further require any producer of such coal or gases and any common carrier to maintain records showing the quantities of coal and gases which they have produced or transported, respectively. If the surface of the land is held by one person, and the coal, iron and other minerals, mineral waters, gas or oil under the surface are held by another person, the estate therein of each and the relative fair market value of their respective interests shall be ascertained by the commissioner. If the surtace of the land and the coal, iron and other minerals, mineral waters, gas or oil under the surface are owned by the same person, the commissioner shall ascertain the fair market value of the land, exclusive of the coal, iron, other minerals, mineral waters, gas or oils. He shall also ascertain the fair market value of the coal, iron, other minerals, mineral waters, gas, and oils and shall assess each at such ascertained values, stating separately in every case the value of the surface of the ~and and the value of the coat, iron, other minerals, mineral waters, gas and oils under the surface. (Code 1950, § 58-774; 1972, c. 715; 1976, c. 53; 1984, c. 675.) § 58.1-3287. ~~ and minerals to be included in general reassessment of real estate. P37 Notwithstandin 58.1-3286, whenever there is a general reassessment of real estate in any county or city, and minerals shall be included in the general reassessment, but shall be separately assessed from other real estate, and the assessor or assessors shall be overned b the provisions of § 58.1-3286 in making the assessment. Taxes for each year on the ~~ and minerals assessed under this section shall be extended by the commissioner of the revenue on the basis of the last general reassessment made prior to such year, subject to such changes as may be made by him in performing his annual duties under § 58.1-3286. In performing such annual duties he shall adjust the assessed values in such manner as to reflect such changes as may have occurred during the preceding year, especially such changes as may have operated to increase or decrease (i) the area and the value of such portion of each tract as is improved and under development, (ii) the value of the improvements upon each tract, and (iii) the area and value of such portion of each tract as shall not be under development. Every county in which there are shall have a general reassessment of real estate in the ear~rescribed by law, even though the greater part of the area of the county consists of ~ The Department shall render advisory aid and assistance of a technical nature to the assessor or assessors, in making a general reassessment of ~~~ and minerals, upon request of the governing body of the county or city, or to the commissioner of the revenue, upon his request, provided moneys are available to the Department to defray the cost thereof. (Code 1950, § 58-774.2; 1950, p. 1269; 1964, c. 296; 1983, c. 304; 1984, c. 675.) P38 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 02-17-09 ITEM NUMBER: 11 Award Contract ACTION: Yes INFORMATION: SUBJECT/PROPOSAL/REOUEST: Award Contract for new compactor site on SR 839, W.I. Powell Road CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Mr. Sleeaer ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: A new compactor site on SR 839, W.I. Powell Road, was budgeted into the County's FY 2008-2009 budget. DISCUSSION: The County put out to bid for a new compactor site on SR 839. Attached it the bid sheet received after bid openings were held on 01-28-09. F& B Contractors, Ltd. of Bedford was the lowest responsive bidder on the Base Bid. The County recommendsthe Base Bid plus Aternate #2, in the amount of $134,047, be awarded to F& B Contractors, Ltd. of Bedford. RECOMMENDATION: Staff recommends that the Board award the Base Bid plus Alternate #2 contract, in the amount of $134,047, to F& B Contractors, Ltd. of Bedford and authorize the County Administrator to sign all necessary documents pending review by Legal Counsel. P39 ~~~ ~~~~~~~~~- `~ ~~~~~~ ~ DEVEL~PMENT, INC. January 28, 2009 Mr. Ernie Hoch Director of Solid Waste 382 Rainbow Lane Dry Fork, VA 24549 RE: State Road #83S (W.I. Powell Road) Solid Was~e Collection Center Dear Mr. Hoch, Enclosed is the tabulation of the bids received yesterday for the above referenced project The low bidders for the different combinations of base bid and base bid plus slternates is detailed below: LOW CONTRACTOR PRICE Base Bid only F& B Contractors, Ltd. of Bedford $123,212.00 Base Eid plus Alternate #1 Quality Construction, Inc. $180,000.00 avin Base Bid plus Alternate #2 (east F& B Contractors, Ltd. of Bedford $134,047.00 side slabs Base Bid plus Alternate #i f~uality Construction, Inc. $189,500.00 and Alternate #2 If the existing funding dces not allow for paving the site during tbis budget year, we recommend awarding tt~e projcxt to F& B Contactors, Ltd. for the base bid only at a price of $123,212.U0 or the base bid plus alternate #2 (east side lower slabs) for a totat price of $134,047.00, at the Courity's discretion. At your direction, we can proceed with issuance of the Notice of Award and the other items necessary to get project started. If you have any questions, please do not hesitate to contact me. Si e ly, O~ " Chris Adco k, P.E. Project Engineer Enclosure: Bid Tabulation 112 South AAain Street PO BOX 556 G~etna, VA 24557 434.656$961 p 434.666.8995 f x~a.reynoldsdarkcom P40 ~ Qf ~ _ ~f Q ~ d ~ Q~ rd t<3 ~ ~ .~ ~ ~ R '~!' p ~ c ~t~ti ~~ ~ ~~ ..~ ~ M ~ cf9 ~ g g g o ° ~ 0 ° 0 ° g o 0 0 IH t~ ap ~ ~ p O p N ~ (V ~ ~ O ~ o f~j .- M O C~7 E ~ ~ ~ o ~ ~ N ~ ~ ` ~ ~ ~ ~ ~ ~ ~ ~o ~ ~ ~ ~ ~ ~ a ~- ~ o° n b °o °o °o °o °o $ $ o ~ o rn ~ g g $ $ $ ui c vi ~ o ~ . '~ ~ w~ ~ ~i ~ ~ ~ ~ ~ ~ ~ ~ ~ . ~ ~ ~ ~ ~ o ~ ° 8 S a g ~ 8 S S ~ N N ~ O) ~ a~0 ~ o N S 1n ~ N g ~ N ~ pp~~ ~ q~ N ~ O c°DO p t~ ~ ~ P N op tn a p to 01 ~ p, ~ a ~ u~ v- a~ v- u~s ui ~ ~ ~ 3 J K ~ h i; E g } ~ } y } } ~ o c c m ~ ~ y, } ~~ ~~ 3 ~ ~ ~ C } W ~ } ~ } } ~ . ~ ~ Q ti ~ ~ N W ~ W ~ W ~ W ~ W ~ W ~ W ~ W N W ~ W ~ W ,a } ~ } } >- >- ~ )- } } > m p a ¢ ~ ~ c~ ~ c~i ~ ~ o ~ y N Q C~ ~i ° ~ Mrn n ~ O ~ ~ ~?, ° ~ o m ~ o ° o o ~ o o ~ o m o o o ~ O ~ ~ O O O O O O O ~' O O ~ ~ J r~ N n N n N ~ N n N ~ N r~ N r- N r- N n N ~ N ~ c GY ~ ~ ~ c x` c? C O ~p C ~ ~ ~ ~ ~ ~j c ~ a $ c U .~ ~ ac~ a~ C ap 7 p W c O ~ O O O O ~ L~ ~ ~ ~i ~ ,~ U ~ C W ~ C ~ C ~ otS 'O ~ C C y U O C O ~ N ~ W 7 ~ ~ L C ~ U ~ O U ~ U L lL ~ U V °d V ~o O V U ~ C ~ = ~ m ~ C (n ! O U O L V u m ~ ~ - = z ~ C c ~ a ~ o ci n ~ N a ~ ~ r O C O .~ ~ ~ ~ a m~ ~ c ~ m w c~o `~ N~ m ~ ~ W w ~ O ~ ~ mo '0 O ~ N N 5 ~ Y ~ A ~ E ~ O ~G ~ ~ ~ '~ ~ ~' ¢: ~~ ~zz_ ~2 ~ ~~ ~i~ , ~~ ~~,, .~ ~~ ~o ~_ es ~~ V~ ~ ~ `~ . j P41 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 02-17-09 ITEM NUMBER: 12 Budget Amendments ACTION: Yes INFORMATION: SUBJECT/PROPOSAL/REOUEST • SCAAP Appropriation CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): Sleeper, Van Der Hvde ATTACHMENTS: Yes BACKGROUND: The Sheriff's Office has been working in conjunction with Justice Benefit Services, Inc. to obtain monetary benefits for housing illegal aliens in Pittsylvania County's Jail. Justice Benefit Services, Inc. has assisted the County in securing funds from the Bureau of Justice Assistance through a program known as State Criminal Alien Assistance Program (SCAAP). Justice Benefit Services receives 22% of this benefit as payment for their services. DISCUSSION: Pittsylvania County recently received a total of $4,382.00 from the Department of Justice for housing illegal aliens during FY2008. Justice Benefit Services is therefore due a total of $964.04 for their work in securing these funds for Pittsylvania County. RECOMMENDATION: Staff recommends that the Board amend the Jail budget and appropriate $964.04 to line item 100-4-033100- 5899 (SCAAP Administration Fee). P42 Justice Benefits, Inc. IriVO1Ce 2010 Valley View Lane Invoice Number: Suite 300 200905490 Dallas, TX 75234 Invoice Date: Jan 6, 2009 `7~Ce: 972-406-3700 F~: 972 - 40 6-3 7 56 Page: 1 Sold To: PITTSYLVANIA COUNTY, VA JF~TNX NEWMAN P. 0. BOX 336 CI~,TFII+M, VA 29531 Customer ID Customer PO P ent Terms A6UJ9A00029M Net Due Descriptian Extension CAAP FY 2008 AWARD 4~RD AMOUNT X 22$ $9,382.00 X 22$ 969.04 Thank you for your business. It is a pleasure to serve your Counry. sub~~ 9 69 . 04 Saies Tax TOt81 IriVO1CC AIIIOUIlt 9 69 . 09 Paymern/Credit Applied TOTAL 9 64 . 04 P43 Linda hkilis From: Dan Sleeper Sent: Monday, September 29, 2008 2:09 PM To: Linda Milis Subject: FW: Fiscal Year 2008 SCAAP Award Announcement Linda: FYI From: SCAAP [mailto:SCAAP@usdoj.gov] _ _~----- . --.---- ------- ------ -------- Sent: Friday, September 26, 2008 4:18 PM To: SCAAP Subject: Fiscal Year 2008 SCAAP Award Announcetnent Dear SCAAP Redpient: The Bureau of Justice Assistance (BJA) is pleased to announce that your FY 2008 State Criminal Alien Assistance Program (SCAAP) award amounts are now available to view on the SCAAP website at: htt~://www oip usdoj gov/BJA/granUscaap htmi. BJA will notity your jurisdiction when the 2008 SCAAP awards are ready for drawdown. If you have any questions, please email the SCAAP Helpdesk at SCAAP(cDusdoj gov. Congratulations on your SCAAP award. SCAAP Program Team Darius LoCicero Division Chief, Special Projects Bureau of 7ustice Assistance U.S. Depariment of Justice Eileen M. Garry Deputy Director Bureau of Justice Assistance U.S. Department of Justice 9/29/2008 P44 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 02-17-09 ITEM NUMBER: 13 Comprehensive Economic Development Strategy (CEDS) Priority Projects SUBJECT/PROPOSAL/REOUEST: Comprehensive Economic Development Strategy (CEDS) Priority Projects - July O1, 2009-June 30, 2010 STAFF CONTACT(S): Mr. Sleener ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY: INFORMATION: INFORMATION: BACKGROUND: Each year staff annual submits a listing of Comprehensive Economic Development Strategy (CEDS) Priority Projects to the Board of Supervisors for their review and approval. Once approved, it is sent to West Piedmont Planning to apply for EDA funding. DISCUSSION: Attached hereto is the list of Comprehensive Economic Development Strategy (CEDS) Priority Projects for July 01, 2009 - June 30, 2010 with priorities as listed. Staff requests the Board of Supervisor review and approve, with any changes or deletions, the list as presented at the meeting. RECOMMENDATION: Staff submits the priorty projects for CEDS for the Board to consider and approve. 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V ~ C C 10 - C d 1~ 0~~ 4) ~ Q' +-' C 7 N tl! 0 Ql ~ 7 7~ ~ ) '~ O W C L ~ ~ ~ ~'O ~ ~ c c o~ iu 3 u°~i3 m v u01im o Q~ w~ ~ ~ c3y~ c d '~m ~ c y ~ ~ ~ v ~~c ~~ y ~ ~ m ~r p) w R tA ~ ~o m ~ ~o N mr~ 2 0-°'~='° C SEC Vl a°'i 3 E CU c d d w Oa ~~ W~ 2 m° NC~' H ~ ~~ v~ L 3 ~~ U 7 C `~ 7 C ' O 7 V p Q W y C 7 T _~ " O V V ~ C ~~N ~ a « a U E~U v w ay ~ u;~;~ U o 5~'~ ~ o ~ U W ~ O 4 ~ ~ ~ ~ ~ ~ ~ N N N iC • a ~ m ~ ~ a E •. e '~ ~ ~ = ~, ti c ~ ro °° ' H~ ~ V 3 1 '~ m ~ ~ e m .:.~ C p+ ya' e C(j ~ T ~. ~~ ~~ I~ro ~ a ~jy - ~~, ~ ~cU ~~ e~ ~" ~ m> m~ e ` ,Y ~, mp~, ~~ ~ t '~ ~ wV ~~ ~~ ~~ ~ ~ ~,~ m~0 Ae 4 p ~o= C~ o w' ~ R a~o Q V ae .~ R o~e ~ ti ~ ~e 1~ ' a4 ~~ V 1 m~ V~, `°c, + ~eVC~ Q 35 ~ y ew p ti «2 N~ m~; ~ YV ~ ~a \ ~ ~ C G w C - ~ + ~ ~ ~ ~ y~j Q J C ~~7 m~ ~ V C~ t G~ G -" 4 ~ ~ t O~ m~ ~ O~ ,~ C ~ p O O ~ 4 w~7~ ~~ j ' C ~ A O yy ~ mw~ G W= O 3~ ~m ~ca ~~a c~~~ o ~ c~c~ ~4~ y ~a 3~~ P47 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Recommendations - Finance Committee AGENDA DATE: 02-17-2009 ITEM NUMBER: 14 (a) SUBJECT/PROPOSAL/REOUEST: ACTION: Yes INFORMATION: RT 40W Waterline STAFF CONTACT(S): CONSENT AGENDA: ACTION: INFORMATION: Mr. William D. Sleeper ATTACHMENTS: No REVIEWED BY: BACKGROUND: The Board of Supervisors has approved the engineering for the RT 40 W Waterline, west of the Town of Gretna. DISCUSSION: At the February 2, 2009 meeting of the Finance Committee, the Finance Committee passed a motion to approve transfer of a balance of funds from the 325 account on Completed Projects in the amount of $300,000 to the 310 account for a new line for the RT 40 W Waterline construction. RECOMMENDATION: This is submitted to the Board of Supervisors from the Finance Committee. Staff recommends approval for the required transfer. P48 Roube 40 West Water Exbension Pittsylvania County, vrginia ITENI QTY UNR Unit Prke Price Nbbilaation 1 LS S12 000.00 512 000 ~p• yy~ V~g 4158 LF 539.00 5162 762 1" Service Connec:tion ior RBStureM 7 EA S1 200.00 i1 200 Stream Crossi 1 LS S15 000.00 S15 000 R' Cuts 8 R irs 200 LF S?2.00 i4 400 Gate Vahrea 10" 2 EA i1 700.00 S3 400 Gate VdNes 6" 2 EA 5800.00 51600 Blow OfF. Indude Tee VaNe 8 Assem 2 EA 51400.00 S2 600 Zebra ROad -10" Bare 8 Casi Pi 50 LF 5250.00 i12 500 10" DIP Cartier Pi 50 LF i40.00 i2 000 Erosion and SedimeM Control 1 LS S10 000.00 S70 000 Site Restoretlon 1 LS 58,000.00 58,000 Sub-Total i235,082 Contenpetwy (10'/a) 523.506 Conatruetlon Total 5258,588 Er-gin Design 8 Inspe i28,000 EssemenTs(2)_T?? Total Coat i286,600 258568 28000 286568 P49 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Recommendations - Finance Committee SUBJECT/PROPOSAL/REOUEST• Budget Recommendations 2010 STAFF CONTACT(Sl: Mr. William D. Sleeper AGENDA DATE: 02-17-2009 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: No REVIEWED BY: ITEM NUMBER: 14 (b) INFORMATION: INFORMATION: BACKGROUND: The Finance Committee of the Board of Supervisors has been working on recommendations from the County Administrator as well as changes going on in the economy at both the state and national level concerning finances for Pittsylvania County. DISCUSSION: The Finance Committee will meet on Tuesday, February 17, 2009. Some modifications or changes to the County Administrators budget will probably occur and therefore, it will be a Finance Committee recommended budget for advertisement. RECOMMENDATION: Staff will submit required recommendations from the Finance Committee at the February 17, 2009 meeting. P50 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Regional One EMS Contract SUBJECT/PROPOSAL/REOUEST: Clarification - Regional One Contract STAFF CONTACT(Sl: AGENDA DATE: 02-17-2009 ACTION: Yes CONSENT AGENDA: ACTION: ITEM NUMBER: 15 INFORMATION: Mr. William D. Sleeper ATTACHMENTS: No REVIEWED BY: INFORMATION: BACKGROUND: The Boazd of Supervisors has approved a contract for Regional One EMS to provide back up emergency medical service throughout Pittsylvania County. DISCUSSION: The Honorable Marshall Ecker has requested a review of the contract and the service relating to whether or not the County of Pittsylvania can require Regional One or the citizens being picked up by Regional One could required to a different hospital than Danville Memorial Hospital, which is designated as the EMS contact center for our region. RECOMMENDATION: Staff submits this to the Board of Supervisors for their review and consideration. Representatives from Regional One will be present at the meeting. P51 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Uranium Mining Study SUBJECT/PROPOSAL/REOUEST: Resolution Concerning Uranium Mining Study STAFF CONTACT(Sl: AGENDA DATE: 02-17-2009 ACTION: Yes CONSENT AGENDA: ACTION: ITEM NUMBER: 16 INFORMATION: Mr. William D. Sleeper ATTACHMENTS: Yes REVIEWED BY: INFORMATION: BACKGROUND: The citizens have appeared at a number of ineetings of the Boazd of Supervisors requesting some resolution or stand from the Board of Supervisors on a Uranium Mining Study. DISCUSSION: The Honorable Hank Davis has made a request to the Board of Supervisors that they consider a resolution requesting the State Mining and Study Commission, that no damage or harm will be done to Pittsylvania County, its businesses, institutes or environment, or its citizens by the uranium mining. See attached resolution. RECOMMENDATION: Staff submits this to the Board of Supervisors for their review and consideration. P52 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2009-02-OS WHEREAS, the Board of Supervisors expresses its appreciation to the Coal and Energy Commission's Uranium Study Group for holding a public hearing at Chatham High School; and WHEREAS, the Coal and Energy Corr~mission's Study Group respectfully took every question asked by the 400 plus interested citizens who attended; and ~ WHEREAS, the Board of Supervisors appreciates that the Coal and Energy Commission's Study Group extended the deadiine for the public to submit any comments or concerns to the group; and WHEREAS, the Pittsylvania County Board of Supervisors reiterates the position taken by the Board in 2007 that called for an independent study and safety concerns; and WHEREAS, it is the Board of Supervisors highest concern that the safety and welfare of the people and property in Pittsylvania County remain unharmed and undamaged by uranium mining; then THEREFORE, BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors express their sincere gratitude that the Coal and Energy Commission is undertaking a science driven study of the pertinent issues involving uranium mining; and BE IT FURTHER RESOLVED, that the Board of Supervisors directs that a copy of this resolution be presented to Coal and Energy Commission Study Group on the behalf of the Board and the Citizens of Pittsylvania County. Given under my hand this 17th day of February, 2009. Coy E. Harville, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors P53 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Contract - Danville-Pittsylvania Health Department SUBJECT/PROPOSAL/REOUEST: 2008-2009 Budget STAFF CONTACT(S): AGENDA DATE: 02-17-2009 ACTION: Yes CONSENT AGENDA: ACTION: ITEM NUMBER: 17 INFORMATION: Mr. William D. Sleeper ATTACHMENTS: Yes REVIEWED BY: INFORMATION: BACKGROUND: Each year the Boazd of Supervisor of Pittsylvania County establishes funding that they submit the Pittsylvania - Danville District for the operation for their annual budget. DISCUSSION: Attached hereto are copies of the local government agreement for the 2008-2009 budget year for approval by the Board of Supervisors. RECOMMENDATION: Staff recommends the Board of Supervisors approve the agreement as submitted, authorizing County payment of $908,495 for fiscal year 2009. P54 ~, ~ , v COI~~O~TVV~~.L'TI~ o f ~~R~IIeT~A. DANVILLE: (434) 799-5190 Pittsylr,etnia-Danville Health District FAX: (434) 799-5022 Headquarters Offtce Danville Health Department 326 Taylor Drive Danville, Virginia 24541 February 6, 2009 Mr. William D. Sleeper, Administrator Pittsylvania County P.O. Box 426 Chatham, VA 24531 Dear Mr. Sleeper: ,': : ~, '` - i~ i F CHATHAM: (434) 432-7232 FAX: (434) 432-7235 - ` 3~U~~ ', r ~-=_. .........._~~~ ' . Three copies of the Local Government Agreement for the 2008-2009 budget year are attached for your review and approval. If the agreement is acceptable, please have all three copies signed and returned. They will be forwarded to Richmond for signature by the Commissioner of Health, and a fully executed copy will be returned to you for your files. If you have any questions or concerns, please let me know. Thanks for your assistance. Sincerely, ~~Llr.(G`~. James Midkiff Business Manager ls Attachments ~~~~~~ naK,:,~ ~.~d ra,r ~.-~ P55 COMMONWEALTH OF VIRGINIA DEPARTMENT OF HEALTH STATEMENT OF AGREEMENT WITH the Pittsylvania County Board of Supervisors. Under this agreement, which is created in satisfaction of the requirements of 3 32.1-31 of the Code of Virginia (1950), as amended, the Virginia Department of Health, over the course of one fiscal year, will pay an amount not to exceed $908,495.00, from the state genera] fund to support the cooperative budget in accordance with appropriations by the General Assembly, and in like time frame, the Pittsylvania County Board of Supervisors will provide by appropriation and in equal quarterly payments a sum of ~556,] 10.00. These joint funds will be distributed in timely installments, as services are rendered in the operation of the Pittsylvania Counry Health Department, which shall perform public health services to the Commonwealth as indicated in Attachment A(1.), and will perform services required by local ordinances as indicated in Attachment A(2.). Payments from the local government are due on: First Quarter August 16, 2008 Second Quarter November 16, 2008 Third Quarter February 16, 2009 Fourth Quarter May 16, 2009 The term of this agreement begins July 1, 2008. This agreement will be automatically extended on a state fiscal year to year renewal basis under the terms and conditions of the original agreement unless written notice of termination is provided by either party. Such written notice shall be given at least 60 days prior to the beginning of the fiscal year in which the termination is to be effective. Any increase or decrease in funding allocation shall be made by an amendment to this agreement. The parties agree that: Under this agreement, as set forth in paragraphs A, B, C, and D below, the Commonwealth of Virginia and the Virginia Department of Health shall be responsible for providing liability insurance coverage and will provide legal defense for state employees of the local health department for acts or occurrences arising from performance of activities conducted pursuant to state statutes and regulations. A. The responsibility of the Commonwealth and the Virginia Department of Health to provide liability inswance coverage shall be limited to and governed by the Self-Insured General Liability Plan for the Commonwealth of Virginia, established under 3 2.2-1837 of the Code of Virginia. Such insurance coverage shall extend to the services specified in Attachments A(1.) and A(2.), unless the localiry has opted to provide coverage for the employee under the Public Officials Liability Self-Insurance Plan, established under 3 2.2-1839 of the Code or under a policy procured by the locality. B. The Commonwealth and the Virginia Department of Health will be responsible for providing legal defense for those acts or occurrences arising from the performance of those services listed in Attachment A(1.), conducted in the performance of this contract, as provided for under the Code of Virginia and as provided for under the terms and conditions of the Self-Insured General Liability Plan for the Commonwealth of Virginia. LGA09.doc Dec 2008 P56 C. Services listed in Attachment A(2.), any services performed pwsuant to a local ordinance, and any services authorized solely by Title 15.2 of the Code of Virginia, when performed by a state employee, are herewith expressly excepted from any requirements of legal defense or representation by the Attorney General or the Commonwealth, For purposes of assuring the eligibility of a state employee performing such services for liability coverage under the Self-Inswed General Liability Plan of the Commonwealth of Virginia, the Attorney General has approved, pursuant to 3 2.2-507 of the Code of Virginia and the Self-Insured General Liability Plan of the Commonwealth of Virginia, the legal representation of said employee by the city or county attorney, and the Pittsylvania County Board of Supervisors hereby expressly agrees to provide the legal defense or representation at its sole expense in such cases by its local attomey. D. ln no event shall the Commonwealth or the Virginia Department of Health be responsible for providing legal defense or insurance coverage for local govemment employees. 2. Title to equipment purchased with funds appropriated by the local government and transferred to the state, either as match for state dollars or as a purchase under appropriated funds expressly allocated to support the activities of the local health department, will be retained by the Commonwealth and will be entered into the Virginia Fixed Asset Accounting and Control System. Local appropriations for equipment to be locally owned and controlled should not be remitted to the Commonwealth, and the local government's procurement procedures shall apply in the purchase. The locality assumes the responsibility to maintain the equipment and all records thereon. 3. Amendments to or modifications of this contract must be agreed to in writing and signed by both parties. State Health Commissioner Virginia Department of Health Date Local authorizing officer signature Authorizing officer printed name Authorizing officer title Date Approved as to form by the Office of Attorney General on Apri126, 2002. Attachments: Local Government Agreement, Attachment A(1.) Loca] Government Agreement, Attachment A(2.) LGA09.doc Dec 08 P57 PITTSYLVANIA COUNN LOCAL GOVERNMENT AGREEMENT, ATTACHMENT A(1.) VIRGINIA DEPARTMENT OF HEALTH COMMUNITY HEALTH SERVICES BASIC PUBLIC HEAITH SERVICES TO BE ASSURED BY LOCAL HEALTH DEPARTMENTS INCOME LEVEL A IS DEFINED BY THE BOARD OF HEALTH TO BE MEDICALLY INDIGENT (32.1-11) For Each Service Provided, Check Block for Highesl Income Level Served Defined by Income Federal Ali COMMUNICABLE DISEASE SERVICES A only Regulations Childhood Immunizations As provided for in 32.1-46 X Sexually transmitted disease screening, diagnosis, treatment, and surveillance x 32.1-57 Surveillance and investigation of disease X 32.1-35 and 32.1-39 HIWAIDS surveillance, investigation, and seroprevalence survey x 32.1-36, 32.1-36.1, 32.1-39 Tuberculosis control screening, diagnosis, treatment, and surveillance 32.1-49 and 32.1-54 X Defined by Income Federal All CHILD HEALTH SERVICES A only Regulations Children Specialty Services; diagnosis, treatment, follow-up, and parent teaching x 32.1-77, 32.1-89 and 32.1-90 Screening for genetic traits and inborn errors of inetabolism, and provision of dietary X supplements 32.1-65 and 32.1-69 Well child care up to age 16 (enter year) Board of Health x WIC Federal grant requirement x EPSDT DMAS MOA X Blood lead level testing CDC X Outreach Community Education 32.1-11.3 and 32.1-23 X Pre-school Physicals for school entry 22.1-270 X Disabled disability Waiver Screenings DMAS MOA X Services for Children with Special health care needs Title V, Social Security Act X Child restraints in motor vehicles 46.2-1095, 46.2-1097 Babycare DMAS MOA x rcevisea iuniuu P58 PITTSYLVANIA COUNTY LOCAL GOVERNMENT AGREEMENT, ATTACHMENT A(1.) VIRGINIA DEPARTMENT OF HEALTH COMMUNITY HEALTH SERVICES BASIC PUBLIC HEALTH SERVICES TO BE ASSURED BY LOCAL HEALTH DEPARTMENTS INCOME LEVEL A IS DEFINED BY THE BOARD OF HEALTH TO BE MEDICALLY INDIGENT (32.1-11) For Each Service Provided, Check Block for Highest income Level Seroed Defined by Income Federal All MATERNAL HEALTH SERVICES A onl Re ulations Prenatal and post partum care for low X risk and intermediate risk women 32.1-77, Title V, Social Securit Act Babycare Services X DMAS MOA WIC X Federal grant requirement Defined by Income Federal All FAMILY PLANING SERVICES A onl Re ulations C~inic services including drugs and Contraceptive supplies X Family Planning Population Research Act of 1970, Title X Pregnancy testing and counseling Family Planning Population Research Act of 1970, X Title X Revised 10/1/00 P59 PITfSYLVANIA COUNTY LOCAL GOVERNMENT AGREEMENT, ATTACHMENT A(1.) VIRGINIA DEPARTMENT OF HEALTH COMMUNITY HEALTH SERVICES ENVIRONMENTAL HEALTH SERVICES BASIC PUBLIC HEALTH SERVICES TO BE ASSURED BY LOCAL HEALTH DEPARTMENTS The Tollowing services performed in accordance with the provisions of the Code of Virginia, the regulation oi the Board of Health and/or VDH agreements with other state or federal a encies. Ice cream/frozen desserts MOA A riculture Investigation of communicable X diseases 32.1-35 and 32.1-39 Marinas 32.1-246 X Migrant labor camps 32.1-203 X Milk 3.1-530.4 ARernative discharging sewage systems X 32.1-163 On-site sewage disposal 32.1-163 X Rabies control 3.1-796.97-98 X Restaurants/eating establishments X 35.1.14 Sanitary surveys X Single home sewage discharge 32.1-164 X Hotels/Motels 35.1.13 X Water supply sanitation X Wells 32.1-176.2 X Homes for adults DSS MOA X Juvenile Justice Institutions 35.1-23 X Jail Inspections DOC MOA X Daycare centers DSS MOA X Radon 32.1-229 X Summer camps/ Campgrounds 35.1.16-17 X West Nile Virus X Revised 10/1l00 P60 PITTSYLVANIA COUNTY LOCAL GOVERNMENT AGREEMENT, ATTACHMENT A(1.) VIRGINIA DEPARTMENT OF HEALTH COMMUNITY HEALTH SERVICES OTHER PUBLIC HEALTH SERVICES BASIC PUBLIC HEALTH SERVICES TO BE ASSURED BY LOCAL HEALTH DEPARTMENTS The following services performed in accordance with the provisions of the Code of Virginia, the regulations of the Board of Health and/or the policies and procedures of the State Department of Health Medicaid Nursing Home Screening DMAS MOA X Comprehensive Services Act 2.1-746, 2.1-751, 2.1-752, 2.1-753, 2.1-754, 2.1-747 X Vital Records (Death Certificates) 32.1-254-255, 272 X Earl Intervention Services X Revised 10/1/00 P61 PITTSYLVANIA COUNTY LOCAL GOVERNMENT AGREEMENT, ATTACHMENT A(1.) VIRGINIA DEPARTMENT OF HEALTH COMMUNITY HEALTH SERVICES OPTIONAL PUBLIC HEALTH SERVICES For Each Service Provided, Check Block for Highest Income Level Served COMMUNICABLE DISEASE SERVICES Income A onl Defined by Federa~ Re ulations All Forei n Travel Immunizations x CHILD HEALTH SERVICES School heatth services Sick child care x Other: MATERNAL HEALTH SERVICES Income A on Defined by Federal Re ulations All Funds for deliveries Funds for special tests and drugs Diagnosis, treatment, and referral for gynecological problems FAMILY PLANNING SERVICES Income A on Defined by Federal Re ulations Ail Other: Revised 10/1/00 P62 PITTSYLVANIA COUNTY LOCAL GOVERNMENT AGREEMENT, ATTACHMENT A(1.) VIRGiNIA DEPARTMENT OF HEALTH COMMUNITY HEALTH SERVICES ~PTIONAL Pl18LIC HFAI TH SFRVICFS For Each Service Provided, Check Biock for Highest Income Level Served GENERAL MEDICAL SERVICES Income A only Defined by Federal Re ulations All Activities of Dail Livin Communi Education General Clinic Senrices Home Health Services (skilled nursing and thera Outreach Occu ational health services Personal care x Pharmac services Hypertension screening, referral, and counselin Res ite care services Other: SPECIALTY CLINIC SERVICES (List) Income A only Defined by Federal Re ulations All DENTAL HEALTH SERVICES Income A only Deflned by Federal Regulations All Preventive Clinic Services - Children x Preventive Clinic Services - Adults Restorative Clinic Services X Communit Education X Other: Aduft preventive, restorative, and emergency as time permits. X Revised 10/1 /00 P63 PITTSYLVANIA COUNTY LOCAL GOVERNMENT AGREEMENT, ATTACHMENT A(2.) VIRGINIA DEPARTMENT OF HEALTH COMMUNITY HEALTH SERVICES PUBLIC HEALTH SERVICES PROVIDED UNDER LOCAL ORDINANCE Neither the Code of Virginia nor Regulations of the Board of Health requires the following services to be provided by the local health de artment Accident Prevention Air Poilution Bird Control Em lo ee Ph sicals General Environmental Housing - BOCA 8 local building Codes Insect control Noise Plumbin Radiolo ical Health Rodent Control Solid Waste Swimmin facilities Weeds Smokin Ordinances Other environmental services identi Revised 10/1/00 P64 PITTSYLVANIA COUNTY LOCAL GOVERNMENT AGREEMENT, ATTACHMENT A(2.) VIRGINIA DEPARTMENT OF HEALTH COMMUNITY HEALTH SERVICES PUBLIC HEALTH SERVICES PROVIDED UNDER LOCAL ORDINANCES OR CONTRACT WITH LOCAL GOVERNMENTS OPTIONAL PUBLIC HEALTH SERVICES For Each Service Provided, Check Block for Highest income Level Served Defined by income Federal All A ont Re ulations Employee physicals Primary care for inmates in local 'ails or correctional institutions Other medical services (List) Other (please list) Revised 10/1/00 P65 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Fire and Rescue Association AGENDA DATE: 02-17-2009 ITEM NUMBER: 18 SUBJECT/PROPOSAL/REOUEST: ACTION: Yes INFORMATION: Proposed Guideline Amendments STAFF CONTACT(S): CONSENT AGENDA: ACTION: INFORMATION: Mr. William D. Sleeper ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Board of Supervisors approved guidelines and procedures for the volunteer fire departments and rescue squads and at the February 2, 2009 meeting of the Boazd of Supervisors, they amended Section 4 to incorporate $100,000 each for fire trucks and equipment. DISCUSSION: The Fire & Rescue Association are requesting that the Board of Supervisors consider further amends to the guidelines that agencies that provide both fire and ambulance transport services be able to combine their capital funding at their discretion when purchasing fire or EMS equipment and that the capital funding may be used for debt service on station on squad construction loans. This will be a modification to Section 3, Capital Funding A, Fire and Rescue Equipment Reimbursement. RECOMMENDATION: Staff submits this to the Board of Supervisors modify Section 3 to incorporate the language that fire and rescue agencies that provide EMS transport to use their combined capital funds to use at their discretion when purchasing fire and EMS equipment and that the capital funding may be used for debt service on station on squad construction loans. P66 GUIDELINES AND PROCEDURES FOR VOLUNTEER FIRE DEPARTMENTS AND RESCUE SQUADS Mission of the guidelines is to provide a written guide to carry from year to year and from administration to administration on how the County of Pittsylvania will fund Fire and Rescue service. I. Eligibility Requirements II. Ineligible Cost III. Capital Operating Equipment IV. Capital Vehicle Equipment V. Capital Cost Buildings VI. Block Funding VII. Grant Funding VIII. Retirement Requirements P67 Page 2 Section I. Items Eligible for Direct Payment or Direct Reimbursement Insurance for Building and Equipment 2. Oil for Fire Fighting Vehicles Fuel for Fire Fighting Vehicles 4. Electricity Heating Fuel 6. New Tires and Batteries installed on Fire Fighting Vehicles 7. County-Wide Fire Training Programs, held within the County Fax line provided by the County for E-911 dispatch. Section I.-A Procedures for Reimbursement Departments will submit copy of ORIGINAL invoice to the Office of Central Accounting seven days BEFORE the first Monday of each month. 2. Invoices will follow regular County procedures and be placed on the Bill List for approval by the Boazd of Supervisors at each regular meeting (the first Monday of each month). 3. Invoices received by the Office of Central Accounting or the Office of County Administrator after the 25th will have to be held for the following month. 4. Only expenses incurred within the fiscal year will be reimbursed. 5. Reimbursements will be made on a-monthly basis only. Invoices submitted that are over 60 days old WILL NOT BE PAID. 6. . Reimbursements will not be made for purposes of inventory built up; only actual expenses. 7. All records kept by each fire department will be subject to audit by the County. Reimbursement Policy - Enforcement on 60 Day Invoice Requirement Strict enforcement of the sixty (60) day policy on invoices must be adhered to. The Board of Supervisors and the County Administrator have charged the Central Accounting Department with strict compliance to the Board's guidelines on reimbursements to volunteer fire departments. P68 Page 3 The Following Examples are to help clarify the process. Example 1 is where a volunteer fire department incuned a bill and got the goods involved on that same date then sent this to Central Accounting for reimbursement after the sixty (60) day deadline. In the future Central Accounting will not reimburse this, they will send it back to the department marked "ineligible - 60 day deadline violated". If you want to pursue this reimbursement further you must take it to the Board of Supervisors for special approval. Example 2 is where a volunteer fire department's insurance bill is without any policy breakdown on the aspects of coverage. If the County cannot deternune that the coverage is within the guidelines the County will reject reimbursement pending prompt return of the breakdown data. Remember the sixty (60) day deadline will still be in effect. The best way to solve this is to send a copy of the policy with your reimbursement request. NOTE concerning the sixty (60) day deadline on invoices, several dates that always come into consideration as the County reviews them: 1. Original invoice date from vendor. 2. Date materials were actually received from vendor. 3. Original date of purchase. 4. Date invoice received by volunteer fire department/rescue squad. 5. Date sent to Central Accounting by volunteer fire dept/rescue squad. 6. Date received by Central Accounting. 7. Date volunteer fire department/rescue squad paid invoice. The County will accept onlv those with the date in item #1 above - the ori~inal date of invoice from vendor - as bein~, the prerequisite required for the Count '~y (60Z day timetable. However, if for some explainable reasons (such as back orders, transportation strike, etc.) the volunteer fire department/rescue squad must express this at the time any invoices over sixty (60) days old are submitted. This does not necessarily mean Central Accounting will authorize the reimbursement, however will give the volunteer fire department/rescue squad due consideration to the reason involved. Again, if rejected for reimbursement, the volunteer fire department can pursue this reimbursement further with the Boazd of Supervisors. All other dates above ( items 2 through 7) will not be considered by Central Accounting in regard to the sixty (60) day deadline. There are many items which by the policy are classified ineligible, these should not be submitted for reimbursement, however, if grouped in a statement with other eligible items, the County will reimburse only those eligible reimbursable items. P69 Page 4 Section I.-B $1 500.00 MATCHING MONEY 1. Matching fund money may be used for any purpose. 2. Itemized evidence of fund raising proceeds equal to or exceeding $1,500.00 must be submitted before an appropriation of the County matching funds by the Board of Supervisors. 3. Only fully organized and active departments shall be eligible for the matching funds. 4. In the event a department does not offer itemized evidence of matching funds, NO appropriation will be made by the Board of Supervisors in any amount, to that department. 5. Matching funds must be requested within the current fiscal yeaz (July 1 through June 30). The County will not match funds raised from previous yeazs. The County will not carryover matching funds to allow an agency to build up balances. 6. The volunteer fire department or rescue squad must request the matching funds in writing, providing the proper documentation. Matching funds will not be sent without the proper documentation. Section II. Items NOT eligible for Direct Pavment or Reimbursement 1. Capital expenditures for ma.intenance and improvements to buildings and grounds. 2. Vehicle purchases and accessories for those vehicles. 3. Telephone charges (except fax lines provided by the County for E-911 Dispatch). 4. Bookkeeping services. 5. Individual travel or training for individuals Section III. Capital Fundin~ A. Fire & Rescue Equipment Reimbursement The County will reimburse for fire and rescue equipment that is purchased within the fiscal year, July 1 through June 30. The amount of reimbursement is subject to the appropriation by the Board. P70 Page 5 B. Direct Bank Paxment on Vehicle Loans The County will make direct payments to the lending institution for payments on fire and rescue vehicles. The volunteer fire department or rescue squad must provide a copy of the loan payment schedule. Payment must be due within the fiscal yeaz, July 1 through June 30. The amount of the payment is subject to appropriation by the Board. C. Reimbursement on Vehicle Payments The County will reimburse for payments made on fire and rescue vehicles. A copy of the check must be provided when requesting reimbursement. Payment must be made within the fiscal yeaz, July 1 through June 30. The amount of reimbursement is subject to appropriation by the Board. Section IV. Procedures and Guidelines for the Pittsvlvania County Fire and Rescue Association Vehicle Program Subject to annual appropriation by future Boards of Supervisors, the Board of Supervisors will budget and appropriate $250,000.00 for fire and rescue vehicles. The $250,000 may be subject to review based on the annual inflation rate. An inflation factor will be put in place. This money will be used as hereafter described to annually purchase or finance two (2) fire trucks and equipment at $85,000.00 each and one (1) rescue squad vehicle and equipment at $70,000.00. In addition, $10,000.00 will be donated directly by the Board of Supervisors to three rescue squads located outside of Pittsylvania County and to a specialized agency. A. QUALIFYING DEPARTMENTS Fire Departments: Bachelors Hall Blairs Brosville Callands Cascade Chatham Climax Cool Branch Dry Fork Gretna Hurt Keeling Kentuck Laurel Grove Mt. Cross Mt. Hermon Renan R.iceville-Java Ringgold Riverbend Tunstall Rescue Squads: Chatham Cool Branch Gretna 640 Rescue Other Specialized ag,encies and Non-County SquadsZ Altavista Life Saving Crew Angel Search & Rescue Axton Life Saving Crew Danville Life Saving Crew P71 Page 6 Qualifying fire departments and qualifying rescue squads shall participate in the procedure and guidelines for the Pittsylvania County Fire and Rescue Association's Vehicle Program. The other agencies shall divide a$10,000.00 annual appropriation, with $3,000.00 going to each of the three (3) rescue squads located outside of Pittsylvania County, but serving residents of Pittsylvania County, being Danville Life Saving Crew, Axton Life Saving Crew and Altavista Life Saving Crew, and $1,000.00 going to Angel Search and Rescue. B. ANNUAL SELECTION OF RECIPIENTS In January of each year, each fire department and rescue squad requesting funding in the upcoming year shall submit a detailed request, including evidence of financial need, to the Pittsylvania County Fire and Rescue Association. The following procedure shall apply to the selection of each of the fire departments and rescue squad that shall receive funds from the Pittsylvania County Fire and Rescue Association's Vehicle Program: a. An annual meeting shall be set for the chiefs of all qualifying fire departments to meet and review all requests for fire fighting vehicles. Each department requesting funding shall be given the opportunity to make a presentation to the chiefs. After the presentations and the requests have been considered, the chiefs shall recommend, by majority vote of chiefs present and voting, funding for the upcoming year. Similarly, an annual meeting shall be set for the captain or chief operating officer of each rescue squad to meet and review all requests for rescue vehicles. Each department requesting funding shall be given the opporlunity to make a presentation to the captains. After the presentation and the requests have been considered, the captain shall recommend, by majority vote of the captains present and voting, funding for the upcoming year. b. The following criteria shall be considered by the chiefs and captains at the selection meeting: 1. Eligibility for funding 2. Adequacy of existing vehicles 3. Financial need 4. Call volume, length of call, etc. 5. Evidence of planning 6. The applicant's ability to provide such matching funds as may be required pursuant to applicant's request. 7. Emergency medical transport agencies must apply for grant funding from the Rescue Squad Assistance Fund prior to consideration for local funding. c. The fire and rescue recommendations shall be presented by the President of the Pittsylvania County Fire and Rescue Association to the Board of Supervisors at their Februazy meeting, along with a current inventory of all fire and rescue vehicles in the County. P72 Page 7 d. Funding shall be available after July 1 of each year upon receipt of an invoice or contract by the County and subject to budgetary considerations and future appropriations. e. No fire or rescue agencies shall receive more than one full share of the amount appropriated until each agency has received a full share. After any fire department or rescue squad has received an allocation from the capital improvements program, they cannot receive another allocation until all other fire and rescue squads have received an allocation. The only exception to this requirement shall be a fire department or rescue squad that looses a vehicle by an accident. C. VEHICLE PURCHASE Specifications for fue and rescue vehicles will be developed by the President of the Fire and Rescue Association, one fire chief and one rescue squad captain, with the help from the County Administrator or his designee. The specifications will reflect the needs of the fire departments andlor rescue squad that will receive the vehicle. These specif cations, along with the recommended recipient of the vehicle funding, will be given to the Board of Supervisors. If a fire department or rescue squad desires to purchase a vehicle that cost more than the established amount ($85,000.00 for fire trucks and $70,000.00 for rescue squads), it will be the responsibility of the fire department or rescue squad to produce the extra funds. Requests for participation in the vehicle funding program by qualified fire departments and qualified rescue squads may be granted for the purchase of new vehicles and equipment, used vehicles and equipment, or to reduce debt service on vehicles and equipment purchased and financed outside of these procedures and guidelines. D. OTHER REQUIREMENTS 1. The Board of Supervisors' staff shall produce and submit a request for proposals for the purchase of the vehicles, based upon the specifications developed, once funding for the purchase has been reasonably identified. The Board of Supervisors shall awazd the purchase of vehicles and equipment. All requirements for procurement by a local government as mandated by the Code of Virginia shall be complied with. 2. All vehicles and equipment shall be titled in the name of the recipient agency and the County of Pittsylvania, or the appropriate lending institution, if required. No debt shall be incurred by or guaranteed by the County of Pittsylvania. P73 Page 8 3. The term rescue vehicle shall include ambulances and crash trucks, as well as all equipment reasonably necessary to outfit and supply the vehicle. The term fire truck shall include pumpers, tankers, mini-pumpers (4x4 utility body, tank and pump), brush truck and first responder vehicles, as well as all equipment reasonably necessary to outfit and supply the vehicle. (These policies for the Pittsylvania County Fire & Rescue Association tie back to the motion made by Mr. Ingram at the Boazd of Supervisors meeting on July 6, 1998) Section V. Capital Cost Buildin~s 1. Start up funding for new departments shall be for new buildings only. Not to exceed $30,000. Request shall be submitted through the Fire and Rescue Association's budget process. 2. Construction Funds for new buildings for existing department shall be submitted through the Fire and Rescue Association's budget process, not to exceed $30,000 for a building located within Pittsylvania County. 3. When an existing volunteer fire department begins a rescue squad, which requires the construction of a new bay, tha.t department is eligible for $30,000 of construction funds. Section VI. Block Funding Annual block funding is available to agencies that are located outside of Pittsylvania County, that provide initial response to areas of Pittsylvania County. The following agencies provide initial response to Pittsylvania County: Danville Life Saving Crew $15,000 Altavista Life Saving Crew $ 7,500 Axton Life Saving Crew $ 5,000 Smith Mt. Lake Marine VFD . $ 7,500 Angel Search & Rescue $ 1,000 Funding for those agencies shall be as listed above, pending appropriation of funds by the Board. P74 Page 9 Section VII. Grant Fundin~ Fire Pro~rams Distributed annually from the Department of Fire Programs. Fire Programs funds are typically distributed equally among the fire departments in the County. Two for Life Two for Life funds are typically divided with one full share going to each County emergency medical transporting agency and one half share going to each agency outside of Pittsylvania County that responds in the County. The Pittsylvania County Fire & Rescue Association determines how the funds will be divided for appropriation. Section VIII. Retirement Requirements P75 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Verizon Database InterFace SUBJECT/PROPOSAUREQUEST: Contract Approval STAFF CONTACT(S): Davis, Sleeper AGENDA DATE: ITEM NUMBER: February 17, 2009 19 ACTION: INFORMATION: Yes CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Contract REVIEWED BY: BACKGROUND: On February 2, 2009 at the Regular Business meeting of the Boazd of Supervisors a contract was awarded with 21 St Century Communications for a reverse 911 system. This system will require weekly database updates from our primary E-911 Service provider Verizon. DISCUSSION: In order for the E-911 telephone records to be current and accurate within the 21 St Century Communications system, we will need for Verizon to provide weekly database updates. The purpose of the updates will allow all E-911 records to be current in case an emergency notification is required by the E-911 Center to the citizens of Pittsylvania County. In the traditional use, the citizens ca11911 when they have an emergency, in this system, Pittsylvania County will be able to dial the citizens in the affected area of the emergency providing them timely warning information so they can react accordingly. This contract with Verizon will provide Pittsylvania County the weekly updates to be uploaded into the reverse 911 system. RECOMMENDATION: Staff recommends that the Board of Supervisors award this contract with Verizon with a one time costs of $1,435.62 and there after a monthly fee of $26.20. The one time cost is covered with the Citizens Alert System grant. The monthly recurring fee will be paid out of the E-911 Budget. Staff further recommends that the Board authorize the County Administrator to sign the contract with Verizon. P76 ~ EMERGENCY SUBSCRIBER LIST INFORMATION LICENSE AGREEMENT This Emergency Subscriber List Information License Agreement (the "Agreement"), effective as specified in Section 8.1 below, is entered into by and between Pittsylvania County E-911 (the "Licensee") and the undersigned Verizon company ("Verizon"). WHEREAS, the Wireless Communications and Public Safety Act of 1999, PL 106-81, codified in 47 USC 222 (g) (the "Act") requires, inter alia, that telecommunications carriers provide certain data and make certain services available to providers of Emergency and Emergency Support Services, as defined in the Act; and WHEREAS, Verizon, through the Verizon Operating Companies, maintains certain subscriber list information data with respect to its own telephone subscribers as well as subscribers of other telecommunications carriers that are located within the territories served by the Verizon Operating Companies; and WHEREAS, Section 222(g) of the Act, as amended, requires a telecommunications carrier to provide subscriber list information in its possession or control on a timely and unbundled basis, under non-discriminatory and reasonable rates, terms and conditions to the providers of emergency services and providers of emergency support services, solely for the purpose of delivering those emergency services; WHEREAS, Licensee, as a provider of Emergency Services and/or Emergency Support Services, desires to receive such subscriber list information solely for the purpose of delivering or assisting in the delivery of Emergency Services; and WHEREAS, Verizon will license to Licensee such subscriber list information for use in providing Emergency Services in accordance with the Act and subject to the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, Licensee and Verizon hereby agree as follows: ARTICLE 1 DEFINITIONS The following terms as used herein have the following meaning. 1.1 "Emergenc,y Services" means 9-1-1 Emergency Services and Emergency Notification Services collectively. 1.2 "Information" means any information identifying the listed names of subscribers and their telephone numbers, addresses, or any combination of such listed names, numbers, addresses, or classifications including information pertaining to subscribers (i) whose information is unlisted or unpublished (also referred to as non-listed and non-published) and (ii) subscribers of other carriers in the possession or control of Verizon; provided on a timely and unbundled basis under non-discriminatory and reasonable rates, terms and conditions to providers of Verizon ESG Copyright ~ 2001-2004 4/04/2004 DR 1 of 16 P77 ~~IB~I"~ Emergency Services and Emergency Support Services solely for the purposes of delivering or assisting in the delivery of Emergency Services. 13 "Dailv U dp ates„ means an extract containing only those records that have had a Modification/Add/Delete (MAD) activity since the last update for the geographic area(s) or jurisdiction(s) with respect to which such Information has been requested. Daily Updates are available by 10:00 am each calendar day (Eastern Time in DC, DE, CT, FL, IL, IN, MA, MD, ME, MI, NC, NH, NJ, NY, OH, PA, RI, SC, VA, VT, WI, WV; and Pacific Time in AZ, CA, HI, ID, NV, OR, TX, WA). 1.4 "Weekl,~ dp ates„ means an extract containing only those records that have had a Modification/Add/Delete (MAD) activity since the last update for the geographic area(s) or jurisdiction(s) with respect to which such Information has been requested. Weekly Updates are available by 10:00 am on the weekday mutually selected by the Licensee and the Company (Eastern Time in DC, DE, CT, FL, IL, IN, MA, MD, ME, MI, NC, NH, NJ, NY, OH, PA, RI, SC, VA, VT, WI, WV; and Pacific Time in AZ, CA, HI, ID, NV, OR, TX, WA). 1.5 "Emer~ency Notification Services" means services that notify the public of an emergency. 1.6 "Emergenc ~~Su~port Services" means information or database management services used in support of Emergency Services. 1.7 "Full File Extract" means an extract containing all Information for the geographic area(s) or jurisdiction(s) with respect to which such information has been requested. 1.8 "PSAP" or "Public Safety Answerin PoinY' means a facility that has been designated to receive emergency calls and route them to emergency services personnel. ARTICLE 2 GRANT OF LICENSE 2.1 In consideration of the promises and covenants contained herein, Verizon hereby grants to Licensee for the Term of this Agreement a non-exclusive limited license to use the Information solely for the purposes of delivering or assisting in the delivery of Emergency Services. 2.2 Licensee shall not sell, lease, grant, copy, disclose or sub-license the Information received pursuant to this License to any other party without the written consent of Verizon or as otherwise provided herein. Under no circumstances shall the Information provided herein be used or disclosed in any manner for purposes other than providing Emergency Services or Emergency Support Services. 2.3 Licensee may enhance the Information and append other information to the Information, subject to and consistent with the provisions of this Agreement including, but not limited to, the limitations set forth in Sections 2.2 and 5.1 hereof. 2.4 The terms and conditions that shall apply in connection with this License, and the rights and liabilities of the Parties, shall be as set forth herein. Verizon ESG Copyright ~ 2001-2004 4/04r2004 DR 2of16 P78 ~ ARTICLE 3 LISTING INFORMATION PRODUCTS 3.1 Verizon will furnish to Licensee the Information set forth in Exhibit A indicated on the Request Form (Exhibit C), using Verizon's standard transfer method specified in Exhibit A. 3.2 Technical Specifications - Verizon shall provide the Information to Licensee via compact disc (CD) and/or electronic transfer in such format as Verizon may determine in its sole discretion. Current Verizon technical specifications are contained and incorporated herein as Exhibit A. 3.2.1 Full File Extract - No later than thirty (30) days after the Licensee requests Information under this Agreement, and in compliance with a mutually agreeable schedule, Verizon shall provide Full File Extracts via compact disk (CD) delivered by certified mail. 3.2.2 Updates - Provided Licensee subscribed to Daily or Weekly Updates, subsequent to the provision of each Full File Extract, Verizon shall provide Licensee with Updates. 3.2.3 Verizon will provide thirty (30) days advance notification in writing to Licensee regarding any significant changes that affect Information handling procedures that may affect Licensee's handling or use of the Information. Verizon will designate a representative to confer with Licensee on issues and requirements relating to such initiatives and changes. ARTICLE 4 LICENSE FEES 4.1 Licensee will pay the rates and charges set forth in the attached Exhibit(s) and shall also pay all applicable ta~Les, fees and charges. 4.2 The recurring license fees listed on Exhibit B for Updates to the Emergency Service Listing Information is based on the number of records contained in the Full File Extract, on a per 10,000 records basis (as defined in Exhibit B). Verizon will reassess the number of Records in what would then comprise the Full File Extract for the Licensee's selected coverage area on an annual basis without notice to Licensee and make changes to the Recurring Fees based on that reassessment, for the subsequent year. 4.3 Licensee shall be responsible for payment of all rates and charges, as set forth in the Attachments within thirty (30) days after date of invoice. A late payment charge of one and one-half percent (1.5%) per month, or the maximum amount allowed by law, shall be applicable to any unpaid balance not received by Verizon by the late payment date printed on the invoice. Verizon ESG Copyright ~ 2001-2004 4/04/2004 DR 3of16 P79 ~ ARTICLE 5 CONFIDENTIALITY 5.1 In order for the Parties to perform their respective obligations under this Agreement, it may be necessary for either Party to disclose to the other technical, customer, personnel and/or business information in written, graphic, oral or other tangible or intangible forms including, but not limited to Information, including unpublished and unlisted Information (unpublished and unlisted information means Information that telephone subscribers have designated as not to be published in telephone directories, provided by directory assistance, or otherwise disclosed), specifications, records, data, computer programs, drawings, schematics, know- how, notes, models, reports and samples. Such information may contain proprietary or confidential material, or material subject to applicable laws regarding secrecy of communications or trade secrets ("Confidential Information"). 5.2 Each Party acknowledges and agrees that all Information is Confidential Information and all other information exchanged by the Parties shall be mazked "Confidential" in order for such information to be considered to be Confidential Information or if orally disclosed, shall be reduced to writing and submitted to the non-disclosing Party within thirty (30) days of disclosure. 5.3 In addition, Information shall not, for any reason, be disclosed or used for marketing, advertising, public relations or other commercial purposes of any nature. 5.4 The Parties agree as follows: 5.4.1 To receive in confidence any Confidential Information; to limit access to such Confidential Information to authorized employees, agents (including their employees) and contractors (including their employees), (covered by written obligations of confidentiality at least as restrictive as those set forth in this Article) who have a need to know the Confidential Information in order for the Party to perform its obligations under this Agreement and who have been informed of the confidential and proprietary nature; not to disclose, reveal or divulge any Confidential Information or authorize any other person to do so except as specifically approved in writing by the disclosing Party; 5.4.2 To use such Confidential Information only for the purposes of performing their obligations under this Agreement and for such other purposes as may be agreed upon between the Parties in writing. 5.4.3 Upon request of the disclosing Party, to return all Confidential Information to such Party, or to destroy any documents, computer media or records, in written, graphic, or other tangible form, that contain any Confidential Information; 5.4.4 That the confidential obligations with respect to the Information shall never terminate and shall extend beyond completion of the Term of this Agreement. That the obligations with respect to all other Confidential Information shall extend for a period of five (5) years following the date of initial disclosure of that Confidential Information, and such obligations shall extend beyond completion of the Term of this Agreement; and Veriwn ESG Copyright ~ 2001-2004 4/04l2004 DR 4of16 P80 1AB/'I~ ~ 5.4.5 That nothing contained in this Article 5 shall be construed as a license or permission to make, use, or sell the Confidential Information or products derived therefrom. 5.5 If a receiving Party receives a request to disclose any Confidential Information (whether pursuant to a valid and effective subpoena, an order issued by a court or other governmental authority of competent jurisdiction or otherwise, including the Electronic Communications Privacy Act of 1986, 18 U.S.C. 2703, that requires disclosure of Information to governmental entities only upon issuance of a court order) on advice of legal counsel that disclosure is required under applicable law, such Party agrees that, prior to disclosing any Confidential Information, it shall (i) notify the disclosing Party of the existence and terms of such request or advice, (ii) cooperate with the disclosing Party in taking legally available steps to resist or narrow any such request or to otherwise eliminate the need for such disclosure, if requested to do so by the disclosing Party, and (iii) if disclosure is required, use its best efforts to obtain a protective order or other reliable assurance that confidential treatment will be afforded to such portion of the Confidential Information as is required to be disclosed; 5.5.1 The obligations contained in this Article 5 do not apply to Confidential Information that is authorized in writing by the disclosing Party to be released or is designated in writing by the disclosing Party as no longer being Confidential Information or proprietary. 5.6 LICENSEE REPRESENTS THAT TO THE BEST OF ITS KNOWLEDGE THE CONFIDENTIAL INFORMATION TO BE PROVIDED PURSUANT TO THIS AGREEMENT IS EITHER EXEMPT FROM OR OTHERWISE NOT REQUIRED TO BE PROVIDED UNDER ANY APPLICABLE FEDERAL, STATE OR LOCAL PUBLIC INFORMATION LAW OR REGULATION (E.G. PUBLIC RECORDS LAW, "FREEDOM OF INFORMATION" LAW, "GOVERNMENT IN THE SUNSHINE" LAW) WHICH LICENSEE MAY BE SUBJECT TO, AND THAT LICENSEE WILL ASSERT ANY EXEMPTIONS OR EXCLUSIONS AVAILABLE IF CONFIDENTIAL INFORMATION IS SOUGHT PURSUANT TO SUCH LAW OR REGULATION. 5.7 It is agreed that a violation of any of the provisions of this Article 5 will cause irreparable harm and injury to the disclosing Party and that Party shall be entitled, in addition to any other rights and remedies it may have at law or in equity, to seek an injunction enjoining and restraining the receiving Party from doing or continuing to do any such act and any other violations or threatened violations of this Article 5. ARTICLE 6 PERFORMANCE OBLIGATIONS 6.1 Verizon will use commercially reasonable efforts to provide accurate and complete Information and will take steps to correct inaccurate Information upon receipt of changes from the PSAP following normal Verizon's error correction procedures. 6.2 EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL DATA AND OTI~R MATERIAL ARE PROVIDED BY VERIZON "AS IS" WITH ALL FAULTS. VERIZON MAKES Verizon ESG Copyright ~ 2001-2004 4/04/2004 DR Sof16 P81 ~ ABSOLUTELY NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER REGARDING THE COMPLETENESS OR ACCURACY OF THE INFORMATION PROVIDED OR THE TECHNICAL QUALITY OF ANY MEDIA SUPPLIED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 63 Licensee represents and warrants that it is a provider of Emergency Services or Emergency Support Services and offers such service(s) in the geographic areas or jurisdictions for which it is requesting Information, and that any such Information it obtains from Verizon under this License will be used solely for the purposes of delivering or assisting in the delivery of Emergency Services. 6.4 Licensee will not permit anyone other than its duly authorized employees and agents to inspect or use the Information. Licensee agrees to use commercially reasonable security measures to prevent copying or downloading of the Information by third parties, including governmental agencies, and to prevent any other unauthorized use of such information. Any unauthorized use or disclosure of the Information provided to Licensee and Verizon shall be entitled to terminate this Agreement immediately pursuant to section 8.2.2 hereof, shall be deemed to be a material breach of the Agreement. If Licensee ceases providing Emergency Services for a period in excess of ninety (90) days in any area for which it has received Information under this Agreement, it will notify Verizon, destroy any data it has received from Verizon under this Agreement for that area, and remove said data from its databases within thirty (30) days. 6.5 Except as may otherwise be provided herein, the Licensee agrees to indemnify, defend and hold Verizon harmless from and against any and all liability, suits, damages, claims and demands, costs, expenses (including attorneys' fees and costs of court), made by a third party that arise in any manner out of Licensee's use of the Information or arising from a breach of Article 5. ARTICLE 7 LIMITATION OF LIABILITY 7.1 EXCEPT FOR THE INDEMNITIES SET FORTH IN SECTION 6.5 HEREOF, NEITHER PARTY WILL BE LIABLE TO THE OTI~R FOR ANY EXEMPLARY, INDIltECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, OR SPECIAL DAMAGES SUFFERED BY A PARTY (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOST REVENUES, LOST SAVINGS, OR LOST PROFITS SUFFERED BY SUCH OTHER PARTY TO THE EXTENT COMPRISING INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, OR SPECIAL DAMAGES), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, OR TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE OF ANY KIND WHETHER ACTNE OR PASSNE, AND REGARDLESS OF WHETHER THE PARTY KNEW OF THE POSSIBILITY THAT SUCH DAMAGES COULD RESULT. EACH PARTY HEREBY RELEASES THE OTHER PARTY (AND ITS SUBSIDIARIES AND AFFILIATES, AND ITS RESPECTNE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND SUPPLIERS) FROM, AND WANES ANY SUCH DAMAGE CLAIMS. Verizon ESG Copyright ~ 2001-2004 aioanooa DR 6 of 16 P82 ~ 7.2 OTHER THAN THE REMEDY IDENTIFIED IN SECTION 5.7, VERIZON'S SOLE AND EXCLUSNE LIABILITY FOR ANY FAILURE BY VERIZON TO DELNER, INFORMATION SHALL BE LIMITED TO A CREDIT OR REFUND OF THE CHARGES PAID FOR THE DATA IN QUESTION DURING THE PRECEDING 12 MONTH PERIOD, WHICH SHALL IN NO EVENT EXCEED $10,000.00 IN THE AGGREGATE FOR ALL CLAIMS BROUGHT DURING THE TERM OF THIS AGREEMENT 7.3 Except for actions to enforce the Parties' rights under Article 5 or Section 6.5, and unless otherwise required by state or federal law or regulation, no action or proceeding hereunder brought by one Party against the other Party may be commenced more than two (2) years after the cause of action becomes known to, or should have been known by, the complaining Party. 7.4 Licensee and Verizon each acknowledge that the provisions of this Agreement were negotiated to reflect an informed, voluntary allocation between the Parties of all risks (both known and unknown) associated with the transactions associated with this Agreement. The remedy limitations, and the limitations of liability, are separately intended to limit the relief available to the Parties. ARTICLE 8 TERM AND TERMINATION 8.1 This Agreement will become effective (Effective Date) on the date the Agreement is fully executed, and will remain in effect for the term of months identified in Exhibit B(the "Term") which will commence on the in-service date. For purposes of this agreement, the in- service date is the date after the Effective Date, when Verizon provisioning has been completed and the Information is available for Licensee's use. If, at the time of expiration of the Term, a new agreement with Verizon is not effective, as defined in this Agreement, the License will be terminated and Licensee shall return or, at Licensor's option, destroy all documents, computer media or records, in written, graphic, or other tangible form, that contain any Verzion Confidential information including without limitation, all Information. Licensee shall certify in writing that all Confidential Information has been destroyed (if applicable). Licensee's obligation to pay fees accrued prior to termination, will survive termination or expiration and remain in full force and effect. 8.2 Either Party may terminate this Agreement: 8.2.1 Upon prior written notice of a material breach of this Agreement, and the breach continues without cure for ninety (90) days, or if reasonable steps to correct such breach are not taken within ninety (90) days following written notice of such breach. Termination due to Licensee's breach will not relieve Licensee of its obligations to pay all fees accrued prior to termination and Licensee will be liable for Termination Charges as set out in Exhibit B, which shall be due and payable upon such early termination; or 8.2.2 Immediately upon written notice to Licensee in the event of a breach of Article 5 or Article 6. Termination due to Licensee's breach of Articles 5 or 6 will not relieve Verizon ESG Copyright ~ 2001-2004 4/04/2004 DR 7of16 P83 ~ Licensee of its obligations to pay all fees accrued prior to termination and Licensee will be liable for Termination Charges as set out in Elchibit B, which shall be due and payable upon such early termination. 8.2.3 Bankruptcy or dissolution of the other Party. Bankruptcy with respect to any party to this Agreement, shall be deemed to have occurred (i) if any proceedings are initiated by or against any party under any law relating to the relief or reorganization of debtors, which in the case of an involuntary proceeding is not dismissed within 120 days after filing, or (ii) upon the appointment of any receiver or trustee to take possession of its properties, any assignment for the benefit of its creditors, or any other similar action by or on behalf of its creditors which is not vacated or stayed within ninety (90) days of such appointment or action. Termination under this sub- section 8.2.3 will not relieve Licensee of its obligations to pay all fees accrued prior to termination and Licensee will be liable for Termination Charges as set out in Exhibit B, which shall be due and payable upon such early termination. 8.3 In the event it is determined that this service must be provided pursuant to the authority and or requirements of the public utilities commission of the applicable state, the Parties agree to take all steps necessary to comply with such requirements, including but not limited to the filing of this Agreement. In addition, if this service is determined to be regulated, and if the Services provided in this Agreement become available under a tariff filed with the Public Service Commission or Public Utilities Commission of Licensee's State, this Agreement shall terminate at such time as the tariff becomes effective and the tariff services shall be approved for Licensee's use (if approval is required by the state commission). The tariff term and rates to be applied will be those of the available tariff term closest to the term then remaining on the Agreement. 8.4 In the event either Party terminates this Agreement pursuant to section 8.2, Licensee shall return or destroy the Confidential Information in conformance with the procedure set out in 8.1 as if the Term had expired. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 No Exclusivitv. Nothing in this Agreement or elsewhere gives Licensee any exclusive right to the Information, and Verizon is free at any time to gant similar licenses and information to others in conformance with law. 9.2 Notices. Notices under this Agreement shall be sent by first-class U.S. mail, postage prepaid to the following addresses: Verizon Address Verizon National Contracts Repository MC: HQW02L25, 700 Hidden Ridge Irving, TX, 75038 Verizon ESG Copyright ~ 2001-2004 4/04/2004 DR 8of16 P84 U~0!'fZQ~f with a copy to Emergency Services Offer Manager, 1095 Ave. of Americas, 19`~ Floor, New York, NY, 10036 Licensee Address: Pittsylvania County Board of Supervisors Department of Emergency Management & Communications P.O. Box 426 Chatham, VA 24531 The foregoing notice data may be changed at any time by written notice to the other Party. 93 Entire Agreement. This Agreement, including all Exhibits hereto, and all applicable tariffs, contain the entire understanding of the Parties and supersedes any and all prior written and oral communications to the extent that they related in any way to the subject matter hereof. 9.4 Amendments. This Agreement may not be amended or modified orally, nor any of its terms waived, except in a writing signed by duly authorized representatives of both the Licensee and Verizon and only upon complying with any state or federal regulatory filing or approval requirements. 9.5 Waiver. No failure of or delay by either Party hereto in exercising any right or power hereunder will operate as a waiver thereof nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right or power. 9.6 Successors and Assi ns. Verizon may assign or transfer part or all of this Agreement to any affiliate or successor to substantially all of its assets in the locations where Information is provided hereunder. With written consent from Verizon, Licensee may assign or transfer this Agreement to any company that is the successor to substantially all of its assets, provided all Fees for Information provided prior to such transfer or assignment are paid in full when due. Except as otherwise required by law or regulation, all other attempted assignments shall be void without the prior written consent of the other Party. 9.7 Severabilitv. The invalidity or unenforceability of any provision hereunder will not affect the validity or enforceability of any other provision hereunder. 9.8 Headings: Schedules. The headings in this Agreement are for convenience only and will not be construed to define or limit any terms herein or otherwise affect the meaning or interpretation of this Agreement. All Exhibits attached hereto are herein incorporated by reference and made part of this Agreement. 9.9 Counterparts. This Agreement or any amendment may be executed in separate counterparts, each of which when so executed and delivered will be an original, but all of which together will constitute one instrument. In proving this Agreement, it will not be necessary to produce or account for more than one such counterpart. 9.10 Force Maieure. Neither Party will be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond its control such as acts of God, acts of civil or military authorities, government regulations, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, Verizon ESG Copyright 0 2001-2004 4/04/2004 DR 9of16 P85 ~ power blackouts, volcanic action, other major environmental disturbances, inability to secure products or services from other persons or facilities, or acts or omissions of common carriers. 9.11 Choice of Law. This Agreement will be governed by and construed under the laws of the state to which the Information pertains without regard for its choice of law principles. 9.12 Compliance with Law. Each Party shall comply with all federal, state, and local statutes, regulations, rules, ordinances, judicial decisions, and administrative rulings applicable to its performance under this Agreement. 9.13 Publici . Unless required by state or federal regulatory filing requirements, any news release, public announcement, advertising, or any form of publicity pertaining to this Agreement, provision of Services, or association of the Parties with respect to provision of the services described in this Agreement shall be subject to prior written approval of both Parties. 9.14 Use of Trademark. Nothing in this Agreement shall grant, suggest, or imply any authority for one Party to use the name, trademarks, service mazks, or trade names of the other for any purpose whatsoever. IN WITNESS WHEREOF, the Parties have caused this Agreement to be effective as of the day, month and year specified herein. Licensee: VERIZON LEGAL ENTITY: Pittsvlvania Countv E-911 Verizon Network Services Inc. on behalf of Verizon Virginia lnc. By: gy: Printed Name: Printed Name: Title: Title: Date: Date: Veriwn ESG Copyright ~ 2001-2004 4/042004 DR 10 Of 16 P86 1118~1'~~itf EXHIBIT A(Page 1 of 3) TECI~NICAL SPECIFICATIONS The following tields will be provided if available Data Format Fields' Function Code NPA 'I'N House Number House Number Suffix Prefix Directional (only if iYs presented in its own field) Street Name (as defined by PSAP) Street Suffix Post Directional (only if iYs presented in its own field) Community Name (as specified by PSAP) State Location Customer Name Main NPA Main TN County ID Comments End of Record Header Format Fields Z Header Indicator Extract Date Customer Name Cycle Counter End of Record Trailer Format Fields 3 Trailer Indicator Extract Date Customer Name Record Count End of Record Note: Verizon reserves the right to change the fields provided with a thirty (30) day notice to the Licensee. 'All fields are left justified, with Vailing spaces. Z All Fields are left-justified, with trailing spaces, except the G~cle Counter, this field will be right justified with leading spaces in the former Bell Atlantic azea and leading zeros if the fonner GTE area. ' All Fields are left justified, with trailing spaces, except for the Rewrd Count; this field will be right justified with leading spaces in the former Bell Atlantic area and leading zeros in the former GTE azea. Verizon ESG Copyright ~ 2001-2004 4/04/2004 DR 11 of 16 P87 ~ Exhibit A(page 2 of 3) FULL FILE EXTRACT DELIVERY BY CD Full file extracts (and any subsequent updates of excessive size) will usually be provided on a password protected compact disk (CD) by certified mail to an address and recipient designated by Licensee. ESL ELECTRONIC TRANSFER Descrintion Licensee will receive the Information electronically from Verizon using one of Verizon's preferred transmission methods. Transmissions will be encrypted and Verizon will coordinate with Licensee to work with Licensee to set up the decryption process. Licensee may be required to procure additional hardware, software, TCP/IP addresses, static login/passwords, additional security features, etc. as required by Verizon E911 Corporate Security requirements - some of which may result in additional charges from Verizon. Verizon will provide an initial copy of the entire database via an encrypted CD that will be overnighted to Licensee. Verizon will follow up with electronic updates if Licensee has contracted for Daily or Weekly updates. Verizon will work with Licensee on determining the optimal electronic transmission method for the Licensee, as follows: Included in the monthly rate is the charge for Verizon to deposit the updates on the Licensee's computer system. It is the responsibility of the Licensee to ensure that each electronic update has been received, and is incorporated into its database. If Licensee does not receive an electronic update, Licensee has to notify Verizon within seven (7) calendar days after the Licensee's regular transmission date, so that the update can be resent. Failure to do so may result in the loss of updates, and Licensee will be required to purchase a new Full File Extract at the rate of the Initial Setup chazge. If Licensee is unable to receive downloads from Verizon, Licensee does have the option of using Encrypted E-mail to retrieve the updates. If Licensee opts for delivery of incremental data via encrypted e-mail, Licensee must provide a valid e-mail address, secure a digital certificate from an accredited supplier (ie: Verisign) and exchange public keys with Verizon. Licensee must be able to invoke clients that support digital encryption, such as Microsoft Outlook or Outlook Express. The process will be tested and confirmed prior to the initial extract being created and sent via overnight delivery (UPS). Once this process in implemented, the daily updates will follow at an agreed upon time, if weekly updates are selected, they will be processed Mondays at approximately noon local time, plus/minus 1 hour for time zone differences. • If Licensee is unable to receive the updates from either of the above methods, Licensee does have the option of retrieving the updates by additionally subscribing to the following dial up applications, based on the location of Licensee's data: Verizon ESG Copyright ~ 2001-2004 4/04l2004 DR 12 of 16 P88 ~ Exhibit A(page 3 of 3) SCAN for Licensees located in DE, MA, MD, ME, NH, NJ, NY, PA, RI, VA, VT, WV & Washington DC DEMARCS for Licensees located in all other states Licensee must extract each update from DEMARCS or SCAN within seven (7) calendar days of the update's availability. If updates are not retrieved, the updates may be permanently lost. In such an event, Licensee will be required to purchase a new Full File Extract at the rate of the Initial Setup charge. Electronic Transfer methods are subject to change by Veri~on upon sixty (60) days notice. Verizon ESG Copyright ~ 2001-2004 4/04/2004 DR 13 of 16 P89 ~ EXHIBIT B(Page 1 of 2) LISTING INFORMATION PRODUCTS STANDARD OFFERINGS: Full File Extract - a snapshot of all requested Information in a standard format. Full File Extract and Dail,~pdates - a snapshot of all requested Information in a standard format followed by that set of Information provided on a daily basis that reflects changes made to such information as a result of Move/Add/Change activity. Full File Extract and Week1Y Updates - a snapshot of all requested Information in a standard format followed by that set of Information provided on a weekly basis that reflects changes made to such information as a result of Move/Add/Change activity. TERM: 36 Months STANDARD LICENSE FEES: Non-recurrin Fees Fre uenc FULL FILE As requested by EXTRACT: $ 2,051.00 per full file Licensee, but no (No Updates) extract request more than once a quarter. Transfer Fee included in NRC fee. Non-recurrin Fees Monthl Recurrin Fees Fre uenc FULL FILE EXTRACT Initial full file with Dail U dates: $ 1,435.62 extract. Daily Updates -* $15.27 per month per Daily 10,000 records in full file extract. Non-recurrin Fees Monthl Recurrin Fees Fre uenc FULL FILE EXTRACT Initial full file with Weekl U dates: $ 1,435.62 extract. Weekly Updates -* $6.55 per month per 10,000 Weekly records in full file extract. TRANSNIISSION Non-recurring Fees Monthly Recurring Fees METHOD (if not Verizon downloads SCAN or DMARCS Verizon ESG Copyright ~ 2001-2004 4/04/2004 DR 14 of 16 P90 U~BI'~~~11 Exhibit B(Page 2 of 2) *The Update Monthly Recurring Charge (MRC) is based on the number of records contained in the full extract and will be adjusted annually as described in Article 4, section 4.2. The MRC is calculated on a "per 10,000 record basis" with number of records being rounded up to the nearest 10,000 for charge determination. • Invoice will include all applicable federal, state, and local fees, charges, and taxes. • Verizon will render invoices: (i) promptly after delivery for Full File Extracts and Electronic Transfer; and (ii) monthly for Updates and Electronic Transfer. • Daily or Weekly extract fees apply regardless of whether Licensee actually extracts updates. Fee Adiustment In the event that Verizon no longer has any customers purchasing Automatic Location Identification (ALI) service for the geographic region for which ESL is provided under this Agreement or any portion of that geographic region, Verizon may in its' sole discretion and upon 60 days written notice to Licensee adjust the Fees of this Agreement. Prior to the expiration of the 60 day notice period, Licensee may, by written notice to Verizon, cancel the Agreement without incurring termination liability. As with all early terminations prior to the end of the Agreement Term not otherwise covered by Article 8.2, such termination by Licensee shall be subject to all other terms of the Agreement including, without limitation, Article 8.1, with such termination date being deemed the expiration of the Term. EARLY TERMINATION FEE: If Licensee terminates the Agreement prior to the end of the Term or breaches the Agreement as set out under 8.2, Licensee shall pay to Verizon, as alternative performance and not as a penalty, all unpaid non- recurring charges, and if Licensee is receiving Updates, a termination charge equal to seventy-five percent (75%) of the Monthly Recuning Fee for updates multiplied by the number of months remaining in the Term. Verizon ESG Copyright ~ 2001-2004 4/04/2004 DR ISof16 P91 MB!'~~/f EXHIBIT C LISTING INFORMATION PRODUCTS REQUEST FORM Name• Address: Phone• FAX: Email: Name: Address: Phone: FAX: Email• Full File CD Mailin Address Name• Address: Phone• Note: CD will be sent by Certified/Overnight Mail which requires a person to be named recipient (i.e., not entity name) and physical address (i.e., not P.O. Box) Order Information Requested Date: Re uested Delive Date: Select one of the followin : ESN: ESN #: 9-1-1 Enti : State: Or Communi Name: Communi Name: State: Or 9-1-1 Enti : Enti Name: State: Choose ONLY One of the following options by marking ~~X" in the column next to the desired option: Full File Extract Onl OR Full File E~tract and Daily U dates OR Full File Extract and Weekly U dates Verizon ESG Copyright ~ 2001-2004 4/04l2004 DR 16 of 16 P92 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Contact Amendment - Whispering Pines Water Line SUBJECT/PROPOSAL/REOUEST: Engineering Contract Amendment - Whispering Pines STAFF CONTACT(Sl: AGENDA DATE: 02-17-2009 ACTION: Yes CONSENT AGENDA: ACTION: ITEM NUMBER: 20 Mr. William D. Sleeper ATTACHMENTS: Yes REVIEWED BY: INFORMATION: INFORMATION: BACKGROUND: The Board of Supervisors have a current contract with Reynolds-Clark of Gretna, Virginia, for doing engineering and surveying of the Whispering Pines waterline off U.S. RT 58 for 7500 linear feet of waterline in the Whispering Pines area. The attached amendment to the Reynolds-Clark contract would authorize changes to do an additional survey and design work for 6000 linear feet of waterline on Inman Road to serve the Foxberry Lane and northwest along Whispering Pines Road, approximately 1400 feet, in addition to eliminating Danmaz Circle and Deerwood Tract Court from the current project. RECOMMENDATION: Staffrecommends the Board of Supervisors authorize the approval of the County Administrator to sign the contract with Reynolds-Clazk, totaling $18,500, for surveying and design of the extension of services for the Whispering Pines waterline project. P93 ~ Reynolds Clark , February 9, 2009 Mr. Otis Hawker, Asst. County Administrator Pitt~sylvania County P.O. Box 426 Chatham, VA 24531 ItE: Whispering Pines Water Line - Revised Project 5cope Pittsylvania County, VA Dear Mr. Hawker: Per our recent discussion, we understand the County desires to extend the subject waterline project northea.st along Inman road to Foxberry Lane and northwest along Whispering Pines Road approximately 1400' beyond the ovexhead power line. The new termination on Whispering Pines Road will be in the vicinity of the creek crossing, neaz residence #5264. Our original proposal of December 17, 2008 assumed 75001ineaz feet (1~ of waterline and our fees were based on this amount. The changes outlined above will increase the project footage by approximately 6000 lf. We understand some of the additional footage will be covered by the elimination of the extension down Danmaz Circle and Deerwood Tract Ct. Since we have not campleted any design on these two ctreets, ow additional fees incarporate this footage removal. However, our survey of these areas is already completed. The additional fees are as follows: Survey: $6,000.00 Design: $13,500.00 If accepted, this change will be an amendment to our original design proposal as referenced above. All of the specifics of that proposal will apply to this amendment. Sincerely, Reynolds-Clark Development, Inc. Gre~''e~e~ ~~ ~ ~Q~v~ ~.. Gretchen B. Clark, P.E. President S~ Wmjctta\Whi.rycring PinccVtev Dcsigu Propnaal ~ Howkcr I.doc Whispering Pines Waterline Revised Design Proposal - Page 1 of 2 P94 ~ Reynolds Clark Whispering Pines Water Line - Revised Projcct Scope - February 9, 2009 Pitlsylvania County, VA PROPOSAL ACCEPTANCE This proposal of Reynolds-Clark Development, tnc. is accepted: Name of firm, municipality or individual Signature of Aulhorized Representative Date Print (type) Name of Authorized Representative Whispering Pines Waterline Revised Design Proposal - Page 2 of 2 P95 REPORTS FROM BOARD MEMBERS REPORTS FROM OFFICERS AND C OMMITTEE S REPORTS FROM C OUNTY ADMINISTl~:ATOR