01-03-2017 Reorganizational Meeting PKTBOARD PACKET
BOARD OF SUPERVISORS
REORGANIZATIONAL
MEETING
JANUARY 3, 2017
1767
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PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
REORGANIZATIONAL MEETING
TUESDAY, JANUARY 3, 2017
GENERAL DISTRICT COURTROOM
EDWIN R. SHIELDS COURTHOUSE ADDITION
AGENDA
1. Call to Order — 7:00 p.m.
2. Roll Call
3. Moment of Silence
4. Pledge of Allegiance
5. Items to be added to the Agenda
(a)
REORGANIZATION OF THE BOARD:
6. Election of Chairman Page 10
(a) Duties of Chairman — County Administrator
(b) Nomination and Election of Chairman — County Administrator
(c) Turn Meeting Over to the New Chairman
Nomination:
Motion by. Barber
Seconded by: Barber
Nomination:
Motion by: Barber
Seconded by: Barber
Barksdale Blackstock Davis Hagerman Scearce Warren
Barksdale Blackstock Davis Hagerman Scearce Warren
Barksdale Blackstock Davis Hagerman Scearce Warren
Barksdale Blackstock Davis Hagerman Scearce Warren
Turn Meeting Over to the New Chairman:
7. Election of Vice -Chairman Page 11
Nomination:
Motion by: Barber
Seconded by: Barber
Nomination:
Motion by: Barber
Seconded by: Barber
Barksdale Blackstock Davis Hagerman Scearce Warren
Barksdale Blackstock Davis Hagerman Scearce Warren
Barksdale Blackstock Davis Hagerman Scearce Warren
Barksdale Blackstock Davis Hagerman Scearce Warren
8. By Laws and Rules of Order
(a) Adoption of By Laws Pages 12-23
Motion by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren
Seconded by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren
(b) Robert's Rules of Order Page
Motion by. Barber Barksdale Blackstock Davis Hagerman Scearce Warren
Seconded by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren
9. Set Day and Time of Regular Meeting
Motion by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren
Seconded by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren
APPOINTMENT OF COMMITTEES BY CHAIRMAN:
10. Standing Committees
(a) Finance/Insurance Committee (4 members)
1.
2.
3.
4.
(b) Personnel Committee (3 members)
1.
2.
3.
(c) Property/Building Committee (3 members)
1.
2.
3.
(d) Legislative Committee (3 members)
1.
2.
3.
11. Special Committees
(a) Solid Waste Committee (3 members)
1.
2.
3.
(b) Computer/Radio/Telecommunications Committee (3 members)
1.
2.
3.
(c) Board of Supervisors/School Board Liaison Committee (3 members)
1.
2.
3.
(d) Fire & Rescue Policies and Procedures Committee (3 members)
1.
2.
3.
(e) Economic Development Committee (3 members)
1.
2.
3.
09 Agricultural Development Board (1 member)
1.
(g) Animal Welfare Facility Committee (3 members)
1.
2.
3.
OTHER APPOINTMENTS BY CHAIRMAN:
12. Danville-Pittsylvania County Regional Facility Authority:
(Remainder of the 4 -year),
(Remainder of the 2 -year);
Alternate: (1 -year)
13. Board Member (1) to the Pittsylvania County Planning Commission
14. Board Member (1) to the Virginia Association of Counties
15. Board Members (3) to the Metropolitan Planning Organization (MPO)
1.
2.
(Assistant County Administrator for Planning & Development is the alternate)
16. Elected Officials (2) to the SARA Title III (LEPC)
1.
2.
17. Board Member (1) to the Pittsylvania County Social Services Board
18. Board Member (1) to the Roanoke River Basin Association
19. Board Member (1) to the Dan River Business Development Center (DRBDC)
20. Board Members (2) to the West Piedmont Planning District Commission
1.
2.
21. Board Member (1) to Fire/Rescue Emergency Medical Advisory Committee (EMAC)
22. Board Member (1) to Local Elected Officials (LEO)
23. Board Member (1) to Tri -County Lake Administrative Commission (TLAC)
APPROVAL OF AGENDA
Motion by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren
Seconded by. Barber Barksdale Blackstock Davis Hagerman Scearce Warren
HEARING OF CITIZENS
CONSENT AGENDA
24. (a) Minutes: December 5, 2016 Regular Meeting Pages 19-34
December 13, 2016 Adjourned Meeting Pages 35-45
(b) Bill List: December 2016
Motion by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren
Seconded by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren
NEW BUSINESS
25. Virginia Conflict of Interest Act (COIA) Forms Discretionary Filing
Resolution 2017-01-01 Pages 47-48
Motion by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren
Seconded by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren
Roll Call Vote
Y N A
Barber
Hagerman
Blackstock
Scearce
Davis
Warren
Barksdale
(RoU Call Vote Y or N)
26. Community Policy Management Team (CPMT) Attendance Report and Parent
Representative Appointment Pages 49-50
Motion by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren
Seconded by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren
APPOINTMENTS BY THE BOARD
27. Appointment — Community Policy Management Team (CPMT) - Government
Representative (Board Member)
Nomination:
Motion by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren
Seconded by. Barber Barksdale Blackstock Davis Hagerman Scearce Warren
28. Appointments — Tri -County Lakes Administrative Commission Page 52
Nomination: David M. Smitherman, County Administrator (required);
Pittsylvania County Citizen Representative ;
Motion by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren
Seconded by. Barber Barksdale Blackstock Davis Hagerman Scearce Warren
29. Recommendation from Board of Supervisors — Board of Zoning Appeals Appointment
Pages 53-56
Motion by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren
Seconded by: Barber Barksdale Blackstock Davis Hagerman Scearce Warren
BOARD ANNOUNCEMENTS
REPORTS FROM LEGAL COUNSEL
REPORTS FROM COUNTY ADMINISTRATOR
1. Proposed Budget Calendar for FY2017/18 Pages 60
2. FERC Draft Environmental Impact Statement for Mountain Valley Project Pages 61-90
3. Animal Control / CoP Activity Reports — December 2016 Pages 91-92
4. Building & Grounds Monthly Reports — December 2016 Pages 93-94
5. Code Compliance Report & Fees — December 2016 Page 95
6. Code Compliance Report & Fees for 2016 Page 96
ADJOURNMENT
Motion: Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Second. Barber Hagerman Blackstock Davis Scearce Warren Barksdale
Time:
REORGANIZATION
OF THE BOARD
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PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Election of Chairman
SUBJECUPROPOSAUREOUEST:
Election of Chairman
STAFF CONTACT(S):
Mr. Smitherman
BACKGROUND:
AGENDA DATE:
01-03-2017
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
No
M
C
INFORMATION:
INFORMATION:
The Pittsylvania County Board of Supervisors, in accordance with the current by-laws of the Board of
Supervisors until those by-laws are changed by a new Board, require the election of the chairman at the re -
organizational meeting in January each year.
The County Administrator will take the seat as the Chair of the Re -Organizational Meeting of the Pittsylvania
County Board of Supervisors on Tuesday, January 3, 2017. In accordance with the current bylaws of the
Board of Supervisors, the County Administrator will take nominations for the election of Chairman from the
floor. The vote will be taken in the order that the nominations were made in accordance with the bylaws.
RECOMMENDATION:
The County Administrator will turn the meeting over to the new Chairman upon the election of a new
Chairman.
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PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Election of Vice Chairman
SUBJECUPROPOSAUREOUEST:
Election of Vice Chairman
STAFF CONTACT(S):
Mr. Smitherman
BACKGROUND:
AGENDA DATE:
01-03-2017
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
No
ITEM NUMBER:
7
INFORMATION:
INFORMATION:
The Chairman of the Board will take the seat as Chairman and take nominations from the floor for election of
a Vice Chairman.
DISCUSSION:
The vote of the nominations will be taken in the order that the nominations are made in accordance with the
bylaws, same as the Chairman.
RECOMMENDATION:
The Chairman will count and confirm Vice Chairman of the Board.
Pil
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Adoption of Bylaws
SUBJECUPROPOSAUREOUEST:
Adoption of New Bylaws
STAFF CONTACT(S):
Mr. Smitherman
AGENDA DATE:
01-03-2017
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
Yes
ITEM NUMBER:
8(a)
INFORMATION:
INFORMATION:
Board of Supervisors are required to adopt bylaws at their re -organizational meeting in January of each year
(see attached). Adoption of the bylaws requires a simple majority vote of the Board and they are effective
immediately upon passage.
RECOMMENDATION:
Staff submits this to the Board of Supervisors for their review, consideration and approval.
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BY-LAWS, RULES OF PROCEDURE, AND STANDARDS OF CONDUCT
OF THE BOARD OF SUPERVISORS OF
PITTSYLVANIA COUNTY. VIRGINIA
(B.S.M. 2/02/04, 4/15/08, 2/02/09, 2/01/10, 4/20/10, 9/20/11, 6/19/12, 2/4/13, 7/01/13, 10/06/14,
11/03/14,6/06/16)
PURPOSE:
To establish and set forth certain rules to provide for the orderly conduct of County business, to
prescribe the manner and procedure by which the Board of Supervisors shall conduct matters of
business, and to provide for the efficient handling thereof.
GENERAL:
The term "Board of Supervisors" shall also be understood to mean "the Board" wherein it appears.
ARTICLE 1. Election, Composition, and Function of the Board.
1.1. The Board shall be composed of seven (7) members who shall be elected by the qualified
voters of the County; one (1) member shall be elected from each of the seven (7) election districts.
Pursuant to § 24.2-219 of the Code of Virginia, 1950, as amended, beginning with the November
2015 General Election, the Pittsylvania County Board of Supervisors shall be elected to staggered
terms as follows: the voters in the Banister, Callands-Gretna, and Dan River Election Districts
shall elect a member of the Board of Supervisors for a two-year term, and the voters in the
Chatham -Blairs, Staunton River, Tunstall, and Westover Election Districts shall elect a member
of the Board of Supervisors for a four-year term. At the November 2017 General Election, the
voters in the three (3) Election Districts in which a Supervisor was elected for a two -year term
shall elect a Supervisor for a four-year term, and thereafter elections for all Supervisors will be
held on a biennial basis for four-year terms.
1.2. At the first regular meeting of the Board in January each year, there shall be elected a chairman
to serve for a period of one (1) year expiring on December 31st, or until replaced by the Board
membership. The County Administrator, serving as temporary Chairman, shall take nominations.
Nominations require a second, and the vote will be taken in the order the nominations are made.
A majority vote is required; a majority shall mean four (4) votes. It shall be the Chairman's duty
to preside at all Board meetings, to maintain the orderly conduct thereof, and rule on all matters of
parliamentary procedure. He shall sign all voucher warrants of the County; and when the Board
is not in session, he shall provide policy guidance to the County Administrator and the County
Attorney. The Chairman shall continue to be a voting member of the Board.
1.3. The Board shall also elect a Vice -Chairman to serve a concurrent term with the Chairman. In
absence or incapacity of the Chairman, the Vice -Chairman shall assume all the duties and functions
of the Chairman. In the case where the Chairman and Vice Chairman are absent from a meeting,
the members present shall choose one of their number as temporary Chairman.
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1.4. The Board shall have both administrative and legislative responsibilities, some of which shall
be discharged in their role as governing body and some of which they derive as an administrative
political subdivision of the Commonwealth. The powers and duties of the Board shall include, but
not be limited to, the following: preparation and adoption of the County Budget, levying of taxes,
appropriating funds, constructing and maintaining County buildings, making and enforcing
ordinances, providing for the general health safety and welfare of the public, and generally
exercising all other powers and functions normally attributed to government and permitted by the
Laws of the Commonwealth.
ARTICLE 1I. Meetings.
2.1. The Board shall meet regularly on the first Monday and the third Tuesday of each month at
7:00 p.m. for the purpose of discharging their administrative and legislative responsibilities.
2.2. All such meetings shall be open to the public and shall be conducted in an orderly fashion
with "Robert's Rules of Order" modified by State Law, being used as the parliamentary procedure.
2.3. The Sheriff of the County or his designee shall act as "Sergeant of Arms" at all meetings of
the Board and shall, when so directed by the Chairman, expel any person or persons from such
meetings.
2.4. For the purpose of address and order, the Board and its staff shall sit in front of the "public
rail" in the Courtroom and all other persons shall sit behind the "public rail".
2.5. Agendas shall be prepared by the Board's staff and used at all meetings. All items requested
to be placed on the agenda shall be submitted in writing to the County Administrator five (5)
working days before the meeting; however, members of the Board of Supervisors may make oral
requests. Any items received after that time shall appear on the next regular meeting agenda unless
all members of the Board are present and by a unanimous vote to place such items upon the agenda.
2.6. The order of business at all regular meetings of the Board shall be as follows. No additional
items of business shall be considered after the agenda is approved.
Call to Order
Moment of Silence and/or Silent Prayer
Roll Call
Pledge of Allegiance
Items to be Added to the Agenda
Approval of Agenda
Consent Agenda
Public Hearing (if any)
Presentations/Recognitions
Hearing of Citizens
Unfinished Business
New Business
Appointments
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Reports from Board Members
Reports from Officers and Committees
Reports from County Attorney
Reports from County Administrator
Closed Meeting (if needed)
Adjournment
2.7. All presentations to the Board shall normally be limited to no more than ten (10) minutes,
except as herein provided.
2.8. Public hearings shall be conducted as follows and any person wishing to address the Board
shall do so in this manner:
Each person addressing the Board shall step up, give his/her name and district in an audible tone
of voice for the record, and unless further time is granted by the Chairman, shall limit his/her
address to three (3) minutes; speakers for a group shall be limited to ten (10) minutes. Speakers
shall conclude their remarks at that time unless the consent of the Board is affirmatively given to
extend the speakers allotted time. No person shall be permitted to address the Board more than
once on the same subject in any one (1) meeting, but may also address the Board once on more
than one (1) subject. All remarks shall be addressed to the Board as a body and not to any
individual member thereof. No person, other than the Board and the person having the floor, shall
be permitted to enter into any discussion, either directly or indirectly or through a member of the
Board, without first being recognized by the Chairman. No question shall be asked a Board
member except through the Chairman.
2.8.1. Hearing of Citizens shall be identified on the agenda of regular meetings of the Board of
Supervisors.
Each person addressing the Board shall be a resident or land owner of Pittsylvania County, or the
registered agent of such resident or land owner. Each person shall step up, give his/her name and
district in an audible tone of voice for the record, and unless further time is granted by the
Chairman, shall limit his/her address to three (3) minutes. Speakers shall conclude their remarks
at that time, unless the consent of the Board is affirmatively given to extend the speaker's allotted
time. All remarks shall be addressed to the Board as a body and not to any individual member
thereof. No person, other than the Board and the person having the floor, shall be permitted to
enter into any discussion, either directly or indirectly or through a member of the Board, without
first being recognized by the Chairman. No question shall be asked a Board member except
through the Chairman.
2.9. The Board may from time -to -time hold special, adjourned, and informational meetings in
accordance with the laws of the Commonwealth.
2.10. Each oral motion or resolution shall be taken down by the Deputy Clerk or Chairman and
read back to the whole Board by the Deputy Clerk or the Chairman before any vote is taken.
2.11. Matters presented by the Board are generally used for individual Board members to share
information with other members of the Board and the public. Prior to the agenda being prepared,
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a member of the Board may contact the Clerk or Deputy Clerk and have an item included under
this heading. The County Administrator shall prepare an Executive summary which will inform
other members of the Board of the particulars pertaining to this item.
2.12. Closed Meetings of the Board shall be requested in the same manner as prescribed in Section
2.5, or by a motion to suspend the rules carried by a majority of the Board; provided all Board
members are present.
2.13. Quorum and Method of Voting
At any meeting a majority of the supervisors shall constitute a quorum. All questions submitted
to the Board for decision shall be determined by a viva voce vote of a majority of the supervisors
voting on any such question, unless otherwise provided by law. The name of each member voting
and how he or she voted must be recorded. The Board of Supervisors has elected not to have a tie
breaker as provided for by the Code of Virginia, and a tie vote on any motion shall be considered
defeated as provided for in Section 15.2-1420 of the Code of Virginia, 1950, as amended.
Each member present when a question is put shall vote "yes" or "no." No member shall be excused
from voting except on matters involving the consideration of his own official conduct or where his
own financial interests are involved or where he may have a conflict of interest, pursuant to the
Virginia State and Local Government Conflict of Interests Act (Title 2.2, Chapter 31 of the Code
of Virginia, Section 2.2-3100, 1950, as amended).
2.14. Procedure for Roll Call for Board Members
(1) The Members of the Board shall cast votes in district order on a rotating basis.
(2) The Chairman of the Board of Supervisors shall cast the last vote.
2.15. Remote Participation in Board Meeting
As authorized by § 2.2-3708.1 of the Code of Virginia, 1950, as amended, the Board of Supervisors
ofPittsylvania County, Virginia, shall allow the participation of members of the Board in a meeting
through electronic communication means from a remote location that is not open to the public
subject to complying with all parts of the following written policy:
1. On or before the day of a meeting, the Supervisor shall notify the Board Chairman that
the Supervisor is unable to attend the meeting due to an emergency or a personal matter and the
Supervisor shall identify with specificity the nature of the emergency or personal matter, or the
Supervisor shall notify the Board Chairman that the Supervisor is unable to attend a meeting due
to a temporary or permanent disability or other medical condition that prevents the Supervisor's
physical attendance. The Board shall record the specific nature of the emergency, personal matter,
or fact of temporary or permanent disability, and the remote location from which the absent
Supervisor participated in its minutes.
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2. If the absent Supervisor's remote participation is disapproved because such participation
would violate the strict and uniform application of this written policy, such disapproval shall be
recorded in the Board's minutes.
3. Such participation by the absent Supervisor shall be limited in each calendar year to two
(2) meetings, or 25 percent (25%) of the meetings of the Board, whichever is fewer.
4. A quorum of the Board shall be physically assembled at the primary or central meeting
location.
5. The Board shall make arrangements for the voice of the absent Supervisor to be heard
by all persons in attendance at the primary or central meeting location.
Article I11. County Administrator.
3. 1. The Board may appoint a County Administrator who shall serve at the pleasure of the Board.
Once appointed, the County Administrator shall be the Chief Administrative Officer of the County
and shall perform his/her duties in accordance with the laws of the commonwealth and the policies
of the County as established by the Board in regular or special session for that purpose. When the
Board is not in session, the County Administrator shall receive guidance concerning policy from
the Chairman, and in his absence, the Vice -Chairman.
3.2. The County Administrator shall be in complete charge of personnel of the County and shall,
in accordance with established policy, hire and fire. Any action of the County Administrator
concerning dismissal of personnel is subject to review by the Board and can be reversed by a two-
thirds vote of the Board. Such review shall be limited to charges of discrimination and failure to
follow personnel policies on the part of the Administrator in the conduct of dismissal.
3.3. The County Administrator shall serve as the purchasing agent for the County as defined by
Chapter 26, Section 2, of the Pittsylvania County Code.
3.4. He shall have charge of the administration of the financial affairs of the County, and to that
end, shall have authority and be required to:
(a) Cooperate with the Board of Supervisors in compiling estimates for the current expense and
capital budgets.
(b) Supervise and control all encumbrances, expenditures, and disbursements to insure that budget
appropriations are not exceeded; and keep the Board of Supervisors advised as to the financial
needs of the County.
(c) Require at such intervals as he may deem expedient or as instructed by the Board of
Supervisors, report of receipts from each of the departments, boards, commissions, agencies, and
he may prescribe the times at, and the manner in which, money is received by them shall be paid
to the County Treasurer or deposited subject to modifications as prescribed and set forth in the
general laws of the Commonwealth of Virginia.
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Examine all contracts, purchase orders, and other documents, which create financial obligations
against the County, and approve the same only upon ascertaining that money has been appropriated
and allotted therefore, subject, however, to the provision that the Board of Supervisors may in its
discretion and judgment, amend, modify, and alter this requirement to meet a specific need or
requirement of a particular piece of legislation approved by the Board of Supervisors.
ARTICLE IV. Standing Committees.
4.1. The Standing Committees of the Board shall be as follows:
(a) Finance/Insurance: To aid and advise in the preparation on the County Budget and make
recommendations concerning Fiscal Policy.
(b) Personnel: To review policies and practices and make recommendations regarding the same.
(c) Property/Building: To view buildings and grounds and make recommendations regarding the
same.
(d) Legislative Committee: The Legislative Committee, in collaboration with the County
Attorney, shall review, propose changes, and maintain current revisions to the Bylaws, Rules of
Order and Standards of Conduct of the Pittsylvania County Board of Supervisors; review, propose
changes and maintain current revisions to the Pittsylvania County Board of Supervisors Policies
and Procedures Manual; and review, propose changes, set public hearings for any proposed
changes, and maintain current revisions to the Pittsylvania County Codes and Compliances.
4.2. Membership to the above -committees shall be appointed by the Board Chairman from the
membership of the Board and may include citizen membership. Any appointment so made shall
be for a specific term of office as determined by the Chairman.
4.3. The Board may, from time -to -time, direct that the Chairman appoint committees for a specific
purpose with a limited duration.
4.4. The Chairman shall be authorized to temporarily participate, including voting, in any
committee of the Board of Supervisors for the purpose of creating a quorum and/or taking action.
ARTICLE V. Certain Ordinances and Resolutions to Lie Over.
5.1. No ordinance or resolution imposing taxes or appropriating money from general fund
balances, not included in the adopted budget, in excess of $5,000, shall be passed until after ten
(10) days from the introduction thereof. This shall not restrict the appropriation of State, Federal,
or other funds not in the current General Fund balances.
ARTICLE VI. Recordation of Ordinances and Resolutions.
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6. 1. Every resolution upon its final passage shall be recorded in a book kept for that purpose, and
shall be authenticated by the signature of the presiding officer and the County Administrator.
6.2. Every resolution shall be authenticated and recorded in the same manner as in 7.1 -above.
6.3. Every motion appropriating funds or adopting an ordinance shall be by roll call vote.
6.4. Every ordinance passed by the Board of Supervisors shall be incorporated into the Pittsylvania
County Code.
ARTICLE VII. Standards of Conduct.
Preamble
The citizens and businesses of Pittsylvania County, Virginia, are entitled to have fair, ethical, and
accountable local government, which has earned the public's full confidence for integrity. The
effective functioning of democratic government requires that public officials, both elected and
appointed, comply with both the letter and spirit of the laws and policies affecting the operations
of government; that public officials be independent, impartial, and fair in their judgment and
actions; that public office be used for the public good, not for personal gain; and that public
deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of
respect and civility.
To this end, the Pittsylvania County Board of Supervisors has adopted this Standards of Conduct
for members of the Board and of the County's boards, commissions, and committees, to assure
public confidence in the integrity of local government and its effective and fair operation.
1. Act in the Public Interest
Recognizing that stewardship of the public interest must be their primary concern, members will
work for the common good of the people of Pittsylvania County and not for any private or personal
interest, and they will assure fair and equitable treatment of all persons, claims, and transactions
coming before the Pittsylvania County Board of Supervisors, boards, commissions, and
committees.
2. Comply with the Law
Members shall comply with the laws of the nation, the Commonwealth of Virginia, and the County
of Pittsylvania, Virginia, in the performance of their public duties. These laws include, but are not
limited to: the United States and Virginia constitutions; the Code of the County of Pittsylvania,
Virginia; laws pertaining to conflicts of interest, election campaigns, financial disclosures,
employer responsibilities, and open processes of government; and County ordinances and policies.
3. Conduct of Members
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The professional and personal conduct of members must be above reproach and avoid even the
appearance of impropriety. Members shall refrain from abusive conduct, personal charges, or
verbal attacks upon the character or motives of other members of the Board of Supervisors, boards,
commissions, and committees, the staff or public.
4. Respect for Process
Members shall perform their duties in accordance with the processes and rules of order established
by the Board of Supervisors and boards, committees, and commissions governing the deliberation
of public policy issues, meaningful involvement of the public, and implementation of policy
decisions of the Board of Supervisors by County staff.
5. Conduct of Public Meetings
Members shall prepare themselves for public issues, listen courteously and attentively to all public
discussions before the body, and focus on the business at hand. They shall refrain from interrupting
other speakers, making personal comments not germane to the business of the body, or otherwise
interfering with the orderly conduct of meetings.
6. Decisions Based on Merit
Members shall base their decisions on the merits and substance of the matter at hand, rather than
on unrelated considerations.
7. Communication
Members shall publicly share substantive information that is relevant to a matter under
consideration by the Board of Supervisors or boards, committees, and commissions, which they
may have received from sources outside of the public decision-making process.
8. Conflict of Interest
In order to assure their independence and impartiality on behalf of the common good, members
shall not use their official positions to influence government decisions in which they have a
material financial interest and shall disclose any substantial organizational responsibility or
personal or business relationship to the parties in any matter coming before them. This paragraph
is not intended to unduly restrict members who have minor business or professional dealings with
clients whose matters come before them. In accordance with the law, members shall disclose
investments, interests in real property, sources of income, and gifts; and they shall abstain from
participating in deliberations and decision-making where conflicts my exist.
9. Gifts and Favors
A member should never accept for himself or herself or for family members, favors or benefits
under circumstances which might be construed by reasonable persons as influencing the
performance of governmental duties.
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10. Confidential Information
Members shall respect the confidentiality of information concerning the property, personnel, or
affairs of the County. They shall neither disclose confidential information without proper legal
authorization, nor use such information to advance their personal, financial, or other private
interests.
11. Use of Public Resources
Members shall not use public resources that are not available to the public in general, such as
County staff time, equipment, supplies, or facilities, for private gain or personal purposes.
12. Representation of Private Interests
In keeping with their role as stewards of the public interest, members of the Board shall not appear
on behalf of the private interests of third parties before the Board of Supervisors or any board,
committee, commission, or proceeding of the County, nor shall members of boards, committees,
or commissions appear before their own bodies or before the Board of Supervisors on behalf of
the private interests of third parties on matters related to the areas of service of their bodies.
13. Advocacy
Members shall represent the official policies or positions of the Board of Supervisors, boards,
commissions, or committees to the best of their ability when designated as delegates for this
purpose. When representing their individual opinions and positions, members shall explicitly state
they do not represent their body or Pittsylvania County, nor will they allow the inference that they
do.
14. Policy Role of Members
The Board of Supervisors determines the policies of the County with the advice, information, and
analysis provided by the public, boards, commissions, and committees, and County staff. The
Board of Supervisors delegates authority for the administration of the County to the County
Administrator. Members, therefore, shall not interfere with the administrative functions of the
County or the professional duties of County staff, nor shall they impair the ability of staff to
implement Board policy decisions. Inquiries to staff shall be made through the County
Administrator or the appropriate department manager or director.
15. Independence of Board and Commissions
Because of the value of the independent advice of boards, committees, and commissions to the
public decision-making process, members of the Board of Supervisors shall refrain from using
their positions to unduly influence the deliberations or outcomes of board, committee, or
commission proceedings.
Page 9 of 11
P21
16. Positive Work Place Environment
Members shall support the maintenance of a positive and constructive workplace environment for
County employees and for citizens and businesses dealing with the County. Members shall
recognize their special role in dealings with County employees and in no way create the perception
of inappropriate direction to staff.
17. Implementation
As an expression of the standards of conduct for members expected by the County, the Pittsylvania
County Standards of Conduct is intended to be self -enforcing. Therefore, it becomes most
effective when members are thoroughly familiar with and embrace its provisions. For this reason,
ethical standards shall be included in the regular orientations for candidates for the Board of
Supervisors, applicants to boards, committees, commissions, and newly elected and appointed
officials. Members entering office shall sign a statement affirming they have read and understood
the Pittsylvania County Standards of Conduct. In addition, the Board of Supervisors, boards,
committees, and commissions, shall annually review the Standards of Conduct and the Board of
Supervisors shall consider recommendations from boards, committees, and commissions to update
it as necessary.
18. Compliance and Enforcement
The Pittsylvania County Standards of Conduct expresses standards of ethical conduct expected of
members of the Pittsylvania County Board of Supervisors, boards, committees, and commissions.
Members themselves have the primary responsibility to assure that ethical standards are
understood and met, and that the public can continue to have full confidence in the integrity of
government.
The chairs of boards, committees, and commissions and the Chairman of the Board of Supervisors
have the additional responsibility to intervene when actions of members that appear to be in
violation of the Standards of Conduct are brought to their attention.
A violation of this Standards of Conduct shall not be considered a basis for challenging the validity
of a Board of Supervisors, board, committee, or commission's decision.
ARTICLE VIII. Amendments and Adoptions.
8.1. Amendments to these By -Laws, Rules of Procedure, and Standards of Conduct may be made
at any meeting of the board by a majority vote of the Board present, after a notice of intent to
amend has been given to each Board member not less than ten (10) days prior to such meeting and
after a duly advertised and conducted public hearing on said amendment(s).
Page 10 of 11
P22
8.2. Adoption of the By -Laws and procedures shall be by simple majority vote of the Board and
shall be in force and effect on the day after their passage.
Page 11 of 11
P23
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Robert's Rules of Order
SUBJECT/PROPOSAL/REOUEST:
Adoption of Rules of Order
STAFF CONTACT(S):
Mr. Smitherman
BACKGROUND:
AGENDA DATE:
01-03-2017
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
No
lav/
ITEM NUMBER:
8(b)
INFORMATION:
INFORMATION:
Each year, the Pittsylvania County Board of Supervisors must adopt the guidelines for the operation of a
Board of Supervisors' meeting. In the past, the Board of Supervisors has always adopted the Robert's Rules
of Order.
The current edition of Robert's Rules of Order is (Robert's Rules of Order, Newly Revised 11th Edition,
September 2011). The 11"' Edition supersedes all previous editions and intends to automatically become a
parliamentary authority for organizations who use Robert's Rules of Order. The newly revised book
incorporates over 125 revisions done to the 2000 10"' Edition.
RECOMMENDATION:
Staff recommends the Board of Supervisors approve Robert's Rules of Order, Newly Revised 11 ° Edition, as
modified by the Board of Supervisors to meet the necessary requirements of the State Code of the
Commonwealth of Virginia as the official Rules of Order for Pittsylvania County.
P24
APPOINTMENTS
BY CHAIR
P25
TO BE ADDED
P26
HEARING OF
CITIZENS
P27
CONSENT
AGENDA
P28
Regular Meeting
December 5, 2016
Pittsylvania County Board of Supervisors
Monday, December 5, 2016
Regular Meeting
VIRGINIA: The Regular Meeting of the Pittsylvania County Board of Supervisors was held
on Monday, December 5, 2016 in the General District Courtroom of the Edwin R. Shields Addition in
Chatham, Virginia. Jessie L. Barksdale, Chair, called the meeting to order at 7:00 p.m. The following
members were present:
Jessie L. Barksdale
Elton W. Blackstock
Tim Barber
Ronald S. Scearce
Jerry A. Hagerman
Robert W. Warren
Joe B. Davis
Banister District
Staunton River District
Tunstall District
Westover District
Callands-Gretna District
Chatham -Blairs District
Dan River District
Mr. David M. Smitherman, County Administrator, Mr, J. Vaden Hunt, County Attorney, Mr.
Greg L. Sides, Assistant County Administrator for Planning and Development, Mr. Matt Rowe,
Director of Economic Development, and Ms. Rebecca Flippen, Deputy Clerk were also present.
After a Moment of Silence, Chairman Barksdale led the Pledge of Allegiance.
Approval of Agenda
Motion was made by Mr. Blackstock, seconded by Mr. Barber, to approve the agenda
with the following addition to the Consent Agenda:
(e) End of Declaration of Emergency — Open Burning Ban in Pittsylvania County
and removal of the following from the Agenda:
Item 10 - Pittsylvania County Animal Shelter Update
Mr. Blackstock's was unanimously approved by the Board.
Hearing of the Citizens
No on signed up to speak.
Chairman Barksdale introduced the new County Administrator, David Smitherman, to those in
attendance.
CONSENT AGENDA
(a) Minutes: November 7, 2016 (Regular Meeting)
November 15, 2016 (Adjourned Meeting)
(b) Bill List: November 2016 (Online)
(c) Ratify Proclamation — 25001 Anniversary of Pittsylvania County
(d) Ratify Declaration of Emergency — Open Burning Ban in Pittsylvania County
(addition) (e) End of Declaration of Emergency — Open Burning Ban in Pittsylvania County
Motion was made by Mr. Barber, seconded by Mr. Davis, to approve the Consent Agenda,
which was unanimously approved by the Board.
P29
Regular Meeting
December 5, 2016
November 17, 2016
DECLARATION OF EMERGENCY
RESTRICTING THE OUTDOOR BURNING OF
WOODS, BRUSH, ETC.
Whereas, Pittsylvania County has consulted with the Virginia Department of Forestry
and does hereby find that:
Due to the continued dry weather conditions, the County of Pittsylvania is facing serious fire hazards.
Due to the serious fire hazards, a condition of extreme peril of life and property necessitates the
Declaration of Emergency.
NOW, THEREFORE, I HEREBY PROCLAIM that an emergency now exists throughout said
County; and
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said
emergency it shall be unlawful for any person to set fire to, or procure another to set fire to any
woods, brush, logs, leaves, grass, debris, or other flammable material within the boundaries of
Pittsylvania County, Virginia, and shall remain in effect until further notice.
Effective: C1CWeVW'& MoytdA�✓
Clarence Monday, Deputy Director of
Emergency Management
Presentations
Don Thomas, with Winggate Appraisal, updated the Board of Supervisors on the 2018
General Reassessment. Mr. Thomas said the market studies were completed as well as value
calibrations. The Board of Assessors had completed their training and had begun reviews; and
thatclerical staff had been hired and were at work. Of the approximate 50,000 parcels in Pittsylvania
County, approximately 30% (15,000) had been visited. Mr. Thomas concluded his update with
noting the Reassessment Office was on schedule.
Jim Bebeau, Executive Director, and Dr. Julie Brown, with Danville-Pittsylvania Community
Services (DPCS), presented the DPCS' 2016 annual report. Dr. Brown
Laurie Moran, Executive Director of the Danville-Pittsylvania County Chamber of
Commerce, presented the Chamber's 2015/16 Business Services Report.
Unfinished Business
At the Board of Supervisors November 7, 2016 meeting, motion was made by Mr. Barber,
seconded by Mr. Warren, for the reappropriation of $42,446.40 as follows: $172.10 to Human
Resources -Training (100-4-012220-5540), $101.00 to Accounting -Travel (100-4-012430-5500),
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Regular Meeting
December 5, 2016
$1.39 to Electoral Board -Office Supplies (100-4-013100-6001), $.21 to Registrar -Office Supplies
(100-4-013100-6001), $100.00 to Clerk of Court -Copier Lease, $.58 to Sheriff -Office Supplies (100-
4-031200-6001), $4,934.00 to Sheriff -Halloween Contributions (100-4-031200-5878), $12.50 to
Sheriff -Project Lifesaver (100-4-031200-5882), $1,169.10 to Sheriff -Parts (100-4-031200-6030),
$524.70 to Sheriff -Labor (100-4-031200-6031), $91.85 to Extradition (100-4-033100-5550), $76.00
to Jail -Food Supplies (100-4-033100-6002), $6.33 to Animal Control -Training (100-4-035100-5540),
$21.38 to Landfill -Telephone (100-4-042400-5230), $3,947.94 to CSA -Pool Program (100-4-
053500-7003), $2,500.00 to Ag Economic Development -Legal (100-4-082500-3150), $125.00 to Ag
Development -Farmer's Market (100-4-082500-6014), $174.69 to Economic Development -Travel
(100-4-082510-5500), $63.99 to Victim/Witness-Computer Supplies (250-4-021900-6021), $600.00
to WIA-Other Operating Supplies ($150.00 each to 251-4-353851-6014, 251-4-353853-6014, 251-4-
353855-6014, 251-4-353856-6014), $27,823.64 to WIA-Rent (251-4-353853-6014). This motion
required a 10 -Day Layover which required a 10 -Day Layover that had now been met and the
following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock -Yes;
Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Warren -Yes; and Mr. Barksdale — Yes. Mr. Barber's motion
was unanimously approved by the Board.
New Business
Motion was made by Mr. Barber, seconded by Mr. Davis, for the reappropriation of
$37,143.22 as follows: $.44 to Human Resources -Training (100-4-012220-5540), $11.99 to Electoral
Board -Office Supplies (100-4-013100-6001), $1.55 to Registrar -Office Supplies (100-4-013100-
6001), $100.00 to Clerk of Court -Copier Lease, $225.00 to Sheriff -Undercover Account (100-4-
031200-6024), $230.00 to Sheriff -Halloween Contributions (100-4-031200-5878), $51.28 to
Sheriff -Fuel (100-4-031200-6008), $2,691.61 to Sheriff -Parts (1004-031200-6030), $2,652.49 to
Sheriff -Labor (100-4-031200-6031), $50.53 to VFD-United Way Contribution (100-4-032200-5667),
$88.00 to Extradition (100-4-033100-5550), $117.40 to Jail -Food Supplies (100-4-033100-6002),
$1.88 to Landfill -Telephone (100-4-042400-5230), $13.71 to Library -Office Supplies (100-4-
073100-6001),
100-4-
073100-6001), $85.00 to Non -departmental -Awards & Certificates (100-4-091200-5840), $30,822.34
to WIA-Rent (251-4-353853-6014). This motion required a 10 -Day Layover.
Motion was made by Mr. Warren, seconded by Mr. Barber, to amend the Jail budget and
appropriate $629.20 to line item 100-4-033100-5899 (SCAAP Administration Fee) and the following
Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock -Yes; Mr.
Scearce-Yes; Mr. Davis -Yes; Mr. Warren -Yes; and Mr. Barksdale — Yes. Mr. Warren's motion was
unanimously approved by the Board.
The Fire Marshal's Office has been given a grant through FM Global, one of the world's
largest commercial property insurers, for the purpose of assisting fire investigators to more efficiently
investigate and determine the cause of fire in Pittsylvania County. This grant totaled $1,953.00 and
did not require a local match but did need to be appropriated to the grants fund for expenditure.
Motion was made by Mr. Blackstock, seconded by Mr. Barber, to appropriate $1,953.00 to the FM -
Global -Fire Prevention Grant (250-4-032414-8102). The following Roll Call Vote was recorded: Mr.
Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Warren -
Yes; and Mr. Barksdale — Yes. Mr. Blackstock's motion was unanimously approved by the Board.
Staff presented information that stated Change Order #5, in the amount of $14,586.55, was
due to a change made by the State Veterinarian's Office for public animal shelters. This regulation
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Regular Meeting
December 5, 2016
passed after the animal shelter had been awarded to Dominion Seven. The basis for change and
regulation is to ensure preventative measures for new or existing shelters to prevent cross
contamination of animals in isolation from the general population of the pound. The regulation
requires that all cleaning materials, trash, or equipment removed from isolation areas are not to be
transported throughout the rest of the shelter. This made it necessary for the County to add two exit
doors from isolation areas and extend plumbing, electrical, and equipment to service the two areas in
the County shelter. It would be impractical to construct a new facility that would be in violation the
day it was opened. Staff has reviewed the overall budget and anticipates savings within 3 categories
that allowances were figured into the current contract. Therefore, part or all of this additional cost
may be covered with the existing appropriation. If an adjustment needs to be made at project
closeout, staff will present it to the Board. Motion was made by Mr. Davis, seconded by Mr.
Blackstock, to approve Change Order #5 in the amount of $14,586.55 and authorize the County
Administrator to sign all necessary documentation.
Motion was made by Mr. Blackstock, seconded by Mr. Davis, to approve the Mission
Statement and Strategic Priorities for Pittsylvania County that the Board developed during the
October 20, 2016 Strategic Planning Session facilitated by Dr. Martha Walker, which was
unanimously approved by the Board.
Mission Statement
Pittsylvania County, in partnership and communication with residents, businesses, and
schools is dedicated to:
d• Providing a vibrant quality of life through essential infrastructure, public safety,
recreation and education.
❖ Welcoming smart, sustainable economic growth within the framework of fiscally
responsible government.
❖ Providing a safe, healthy and welcoming atmosphere where people choose to live
and work.
❖ Positioning Pittsylvania County for the future through strategic, targeted workforce
development.
❖ Building an inclusive County that welcomes change, diversity and opportunities for
all while preserving its great history.
Motion was made by Mr. Blackstock, seconded by Mr. Barber, to approved the West
Piedmont District Comprehensive Economic Development Strategy (CEDS) List 2017-2018 as
presented by Mr. Greg Sides, Assistant County Administrator for Planning & Development, and
authorized the County Administrator to send the list and required EDA submittal letter to the West
Piedmont Planning District Commission to be incorporated into their regional 2017/18 CEDS update,
which was unanimously approved by the Board.
Board Comments
All members of the Board welcomed Mr. Smitherman and said they looked forward to
working with him.
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Regular Meeting
December 5, 2016
Comments from Legal Counsel
Mr. Hunt welcomed Mr. Smitherman and said he would help him in any way possible.
Comments from County Administrator
Mr. Smitherman thanked everyone and stated he looked forward to working with the Board
and County Staff. Mr. Smitherman also thanked the Board of allowing Mr. Monday to stay on during
the transition phase between County Administrators and learned a great deal of invaluable
information from Mr. Monday which helped to speed up the leaming process.
Closed Session
Motion was made by Mr. Barber, seconded by Mr. Blackstock, to enter into Closed Session
for discussions of the following:
(a) Discussion of the disposition of publicly held property, where discussion in an open
meeting would adversely affect the bargaining position or negotiating strategy of the
public body
Authority: 2.2-3711(A)(3) of the Code of Virginia, 1950, as amended
Subject: Project Turtle
Purpose: Discussion of the disposition of publicly held property
(b) 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: 2.2-3711(A)(5) of the Code of Virginia, 1950, as amended
Subject: Project Motion
Purpose: Discussion of Memorandum of Understanding
The following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock -
Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Warren -Yes; and Mr. Barksdale -Yes. Mr. Barber's
motion was unanimously approved by the Board and they entered into Closed Session at 8:10 pm.
RETURN TO OPEN SESSION
Motion was made by Mr. Blackstock, seconded by Mr. Barber, to return to Open Session.
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS
CERTIFY CLOSED MEETING
BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors on
December 5, 2016, the Board hereby certifies by a recorded vote that to the best of each board
member's knowledge only public business matters lawfully exempted from the open meeting
requirements of the Virginia Freedom of Information Act and identified in the motion authorizing the
closed meeting were heard, discussed or considered in the closed meeting. If any member believes
that there was a departure from the requirements of the Code, he shall so state prior to the vote
indicating the substance of the departure. The statement shall be recorded in the minutes of the
Board.
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Regular Meeting
December 5, 2016
vote
Tim R. Barber
Yes
Jerry A. Hagerman
Yes
Elton W. Blackstock
Yes
Joe B. Davis
Yes
Ronald S. Scearce
Yes
Robert W. Warren
Yes
Jessie L. Barksdale
Yes
Upon a unanimous vote of the Board, they returned to Open Session at 8:58 pm.
Motion was made by Mr. Blackstock, seconded by Mr. Davis, to approve a Memorandum of
Understanding in regards to Project Motion and authorize Matt Rowe to sign all necessary
documentation, which was unanimously approved by the Board.
ADJOURNMENT
Motion was made by Mr. Barber, seconded by Mr. Scearce, to adjourn the meeting, which
was unanimously approved by the Board.
The meeting adjourned at 9:00pm.
P34
Adjourned Meeting
December 13, 2016
Pittsylvania County Board of Supervisors
Tuesday, December 13, 2016
Adjourned Meeting
VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was
held on Tuesday, December 13, 2016 in the General District Courtroom of the Edwin R. Shields
Addition in Chatham, Virginia. Jessie L. Barksdale, Chair, called the meeting to order at 7:00 p.m.
The following members were present:
Jessie L. Barksdale
Tim Barber
Ronald S. Scearce
Jerry A. Hagerman
Robert W. Warren
Joe B. Davis
Banister District
Tunstall District
Westover District
Callands-Gretna District
Chatham -Blairs District
Dan River District
Mr. Elton Blackstock, representative for the Staunton River District, was absent from the
meeting.
Mr. David M. Smitherman, County Administrator, Mr. J. Vaden Hunt, County Attorney, Mr.
Greg L. Sides, Assistant County Administrator for Planning and Development, Mr. Otis S. Hawker,
Assistant County Administrator for Operations, Mr. Odie H. Shelton, Jr., Director of Code
Compliance, Mr. Jim Davis, Director of Emergency Management, Mr. Mark Narron, Animal Shelter
Manager, and Ms. Rebecca Flippen, Deputy Clerk were also present.
After a Moment of Silence, Chairman Barksdale led the Pledge of Allegiance.
Aauroval of Aeenda
Motion was made by Mr. Barber, seconded by Mr. Hagerman, to approve the agenda
which was unanimously approved by the Board with the exception of Mr. Blackstock who was
absent.
Hearine of the Citizens
No on signed up to speak.
CONSENT AGENDA
(a) Support of Grant Application — FEMA Region III Hazard Mitigation
Assistance Grant
Motion was made by Mr. Barber, seconded by Mr. Hagerman, to approve the Consent
Agenda, which was unanimously approved by the Board with the exception of Mr. Blackstock
who was absent.
Public Hearines
Rezoning Cases
Case 1: Diana Reynolds Black & Others — Callands/Gretna Election District R-16-031
A-1, Agricultural District to R-1, Residential Suburban Subdivision District
Chairman Barksdale opened the public hearing at 7:05pm. Mr. Shelton explained that Diana
Reynolds Blick and Others had petitioned to rezone 1.325 acre, located off State Road
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Adjourned Meeting
December 13, 2016
817/Turkeycock Mountain Road in the Callands-Gretna Election District from A-1, Agricultural
District to R-1, Residential Suburban Subdivision District. Once the property is rezoned to R-1, all
uses listed under Section 35-222 are a permitted use. The Planning Commission, with no opposition,
recommended granting the petitioners' request. Margaret Mura was there to represent the petition.
No one signed up to speak and Chairman Barksdale closed the hearing at 7:06pm. Motion was made
by Mr. Hagerman, seconded by Mr. Barber, to approve the petitioners' request to rezone Case R-16-
031 from A-1 to R-1 and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr.
Hagerman -Yes; Mr. Blackstock -Absent; Mr. Scearce-Yes; Mr. Davis- Yes; Mr. Warren -Yes; and Mr.
Barkdale-Yes. Mr. Hagerrtan's motion was unanimously approved by the Board with the exception
of Mr. Blackstock, who was absent.
Case 2: Olde Dominion Agricultural Foundation, Inc. — Banister Election District R-16-032
R-1, Residential Suburban Subdivision District to M-2, Industrial District, Heavy Industry
Chairman Barksdale opened the public hearing at 7:08pm. Mr. Shelton explained that the Olde
Dominion Agricultural Foundation, Inc., had petitioned to rezone 0.52 acre, located on U.S. Highway
29 in the Banister Election District from R-1, Residential Suburban Subdivision District to M-2,
Industrial District, Heavy Industry. Once the property is rezoned to M-2, all uses listed under Section
35-402 are a permitted use. The Planning Commission, with opposition, recommended granting the
petitioner's request. Gretchen Clark, Agent for Olde Dominion Agricultural Foundation, Inc., was
there to represent the petition. No one signed up to speak and Chairman Barksdale closed the hearing
at 7:10pm. Motion was made by Mr. Barber, seconded by Mr. Davis, to approve the petitioner's
request to rezone Case R-16-032 from R-1 to M-2 and the following Roll Call Vote was recorded:
Mr. Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock -Absent; Mr. Scearce-Yes; Mr. Davis- Yes; Mr.
Warren -Yes; and Mr. Barkdale-Yes. Mr. Barber's motion was unanimously approved by the Board
with the exception of Mr. Blackstock, who was absent.
This concluded the public hearings.
New Business
Mr. Otis Hawker, Assistant County Administrator for Operations, gave a brief update on the
construction of the new Animal Shelter. Mr. Hawker stated that construction was slightly ahead of
schedule and it was possible the new shelter may be open was early as May or June of 2017. Mr.
Hawker stated Rachel Gatewood of the River District Group had been working with the Animal
Shelter Manager, Mark Narron, on fund raising possibilities, and distributed information to the Board
concerning ways citizens could purchase pavers and/or brinks that could be engraved. Mr. Hawker
told the Board that all donations for the shelter went to the Community Foundation of the Dan River
Region, who were contracted by the County to serve as the fiscal agent of the donated funds and that
the County applies to the Foundation for funds to be dispersed. The Board stated they would like to
see more involvement by the County in fundraising for the shelter as well as looking for any grants
the County might be eligible to receive to help offset the cost.
Motion was made by Mr. Barber, seconded by Mr. Warren, to award Moore's Electrical &
Mechanical Construction, Inc. a contract to furnish, deliver, and install a water cooled chiller for the
Pittsylvania County Courthouse in the amount of $130,500, which was unanimously approved by the
Board with the exception of Mr. Blackstock who was absent.
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Adjourned Meeting
December 13, 2016
Motion was made by Mr. Warren, seconded by Mr. Davis, for the appropriation of $146,100,
from Unappropriated Surplus, for the base bid of the Courthouse Chiller Project ($130,500) plus
$15,600 for a5 -year warranty. Mr. Warren's motion required a 10 -Day Layover.
Mr. Greg Sides, Assistant County Administrator for Planning & Development, explained the
Intertape Polymer Group, Inc. (IPG) is expanding its Pittsylvania County facility in Ringgold and will
need to temporarily close its private access road located between the Ringgold Industrial Parkway
and Eagle Springs Road, creating a burden on the operation of the company due to the inability of
large trucks to access portions of the complex. IPG has contacted the County about possibly using a
piece of property owned by Pittsylvania County (GPIN 2338-50-3839, approximately 10.72 acres) on
Eagle Springs Road for a temporary truck turn around area. Only a small portion of the property
would be needed by IPG for a temporary easement. Because this is public property, said Mr. Sides, a
public hearing would be required before taking any action relating to use of the property. Mr. Sides
said that prior to the public hearing, the County Attorney would need to draft an agreement
stipulating the temporary use of the property along with addressing stabilization and liability issues.
Motion was made by Mr. Davis, seconded by Mr. Warren, to authorize staff to advertise the
necessary public hearing to be held at the adjourned meeting in January 2017, which was
unanimously approved by the Board with the exception of Mr. Blackstock who was absent.
Motion was made by Mr. Davis, seconded by Mr. Warren, to send submitted
recommendations from the Planning Commission concerning a proposed amendment to the
Pittsylvania County Zoning Ordinance for Solar Energy Facilities to the Legislative Committee for
the committee's review and recommendations, which was unanimously approved by the Board with
the exception of Mr. Blackstock who was absent.
Motion was made by Mr. Warren, seconded by Mr. Davis, to approve a Virginia Business
Ready Sites Program Site Characterization Grant Performance Agreement for Southern Virginia
Multimodal Park and accept the $5,000.00 grant and authorize the County Administrator to sign the
Performance Agreement, which was unanimously approved by the Board.
VIRGINIA BUSINESS READY SITES PROGRAM
SITE CHARACTERIZATION GRANT
PERFORMANCE AGREEMENT
This PERFORMANCE AGREEMENT made and entered this 1st day of November, 2016,
by and between the VIRGINIA ECONOMIC DEVELOPMENT PARTNERSHIP AUTHORITY
("VEDP"), a political subdivision of the Commonwealth of Virginia (the "Commonwealth") and the
COUNTY OF PITTSYLVANIA, VIRGINIA (the "Grantee"), a political subdivision of the
Commonwealth.
WITNESSETH:
WHEREAS, the Virginia Business Ready Sites Program ("VBRSP") was established pursuant
to § 2.2-2238 C. of the Code of Virginia of 1950, as amended, to identify and assess the readiness of
potential industrial or commercial sites in the Commonwealth for marketing for economic
development purposes;
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Adjourned Meeting
December 13, 2016
WHEREAS, the initial step under the VBRSP for a potential industrial or commercial site is
(i) an assessment to quantify the level of existing development at the site and the additional
development required to bring the site to a level that will enable such site to be marketed for
economic development purposes, and (ii) a designation of a tier level of readiness to the site ("Site
Characterization');
WHEREAS, the Grantee has submitted an application for a grant to assist with the costs
associated with Site Characterization at the Southern Virginia Multi -Modal Park, also known as the
Burlington Hurt Industrial Site, located in Hurt, Virginia (the "Site") and has been awarded a grant in
the amount of $5,000 (the "Site Characterization Grant');
WHEREAS, VEDP and the Grantee desire to set forth their understanding and agreement as
to the payout of the Site Characterization Grant, the use of the Site Characterization Grant proceeds,
the obligations of the Grantee, and the repayment by the Grantee of all or part of the Grant under
certain circumstances; and
WHEREAS, Site Characterization constitutes a valid public purpose for the expenditure of
public funds and is the animating purpose for the Site Characterization Grant:
NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises and
undertakings of the parties to this Agreement, and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties covenant and agree as follows.
Section 1. Disbursement of Grant; Use of Proceeds; Responsibility for Costs
(a) Disbursement: The Site Characterization Grant will be paid to the Grantee promptly
after the execution and delivery of this Agreement.
(b) Use of Proceeds: The Grantee will use the Site Characterization Grant proceeds to
pay or reimburse itself for costs associated with Site Characterization at the Site. The proceeds of the
Site Characterization Grant must be expended within 30 days of the expected completion date set
forth in Section 2(a) below.
(c) Responsibility for Costs: The Grantee is responsible for one-to-one cash match of the
amount of the Site Characterization Grant ("Local Match"). This Local Match may be made from
public and/or private sources. The Grantee is responsible for any remaining costs of the Site
Characterization.
Section 2. Performance; Reportine
(a) Performance: The Grantee is expected to cause the completion of Site
Characterization at the Site on or before February 1, 2017 (the "Completion Date"). If VEDP, in
consultation with the VBRSP Review Committee, deems that good faith and reasonable efforts have
been made by the Grantee to have Site Characterization completed, the Completion Date may be
extended by up to 60 days. If it is determined that the Grantee is unable or unwilling to cause Site
Characterization to be completed by the Completion Date, then the entire Site Characterization Grant
must be repaid to VEDP in accordance with Section 3(d).
P38
Adjourned Meeting
December 13, 2016
(b) Reporting: Within 30 days of the completion of Site Characterization, but no later
than 30 days after the Completion Date, as such date may be extended, the Grantee must submit to
VEDP a report summarizing the results of Site Characterization, indicating that the Site
Characterization Grant proceeds have been expended and demonstrating that the balance of the costs
associated with Site Characterization at the Site, including the Local Match, has been paid (the "Grant
Report").
Section 3. Reduction of Grant Amount; Renavment Oblieation.
(a) If Costs are Less than Anticipated.- If the Grant Report indicates that the costs of Site
Characterization were less than anticipated, such that the amount of the Site Characterization Grant
proceeds exceeds the Local Match made by the Grantee or that the Grantee will not need all of the
Site Characterization Grant proceeds disbursed to the Grantee, the Grantee shall repay to VEDP an
amount equal to the excess amount or the amount of the proceeds no longer required.
(b) If Grant Proceeds are Misspent: If the Site Characterization Report indicates, or any
evidence gathered by VEDP reveals, that any Site Characterization Grant proceeds have been
expended on anything other than the costs associated with Site Characterization at the Site, the
Grantee shall repay to VEDP the amount of the proceeds so misspent.
(c) Failure to Complete by Completion Date: As noted in Section 2(a), if it is determined
that the Grantee is unable or unwilling to cause Site Characterization to be completed by the
Completion Date, the Grantee shall repay to VEDP the entire Site Characterization Grant.
(d) Repayment Date; Cure Period: VEDP will provide written notification to the Grantee
if any repayment is due from the Grantee to VEDP under this Agreement. Within 60 days of
receiving such notification, the Grantee will make the repayment to VEDP.
Section 4. Notices.
Formal notices and communications among the Parties shall be given either by (i) personal
service, (ii) delivery by a reputable document delivery service that provides a receipt showing date
and time of delivery, (iii) mailing utilizing a certified or first class mail postage prepaid service of the
United States Postal Service that provides a receipt showing date and time of delivery or (iv) delivery
by facsimile or electronic mail (email) with transmittal confirmation and confirmation of delivery,
addressed as noted below. Notices and communications personally delivered or delivered by
document delivery service shall be deemed effective upon receipt. Notices and communications
mailed shall be deemed effective on the second business day following deposit in the United States
mail. Notices and communications delivered by facsimile or email shall be deemed effective the next
business day, not less than 24 hours, following the date of transmittal and confirmation of delivery to
the intended recipient. Such written notices and communications shall be addressed to:
if to the Grantee, to:
Matthew D. Rowe
Director of Economic Development
P39
Adjourned Meeting
December 13, 2016
County of Pittsylvania, Virginia
1 Center Street
Chatman, Virginia 24531
Email: Matthew.Rowe@pittgov.org
if to VEDP, to:
Virginia Economic Development Partnership
901 East Cary Street, Suite 900
Post Office Box 798 (zip: 23218-0798)
Richmond, Virginia 23219
Facsimile: 804.545.5611
Email: dgundersen@yesvirginia.org
Attention: Interim President & CEO and COO
Section 5. Miscellaneous.
with a copy to:
Virginia Economic Development Partnership
901 East Cary Street, Suite 900
Post Office Box 798 (zip: 23218-0798)
Richmond, Virginia 23219
Facsimile: 804.545.5617
Email: smcninch@yesvirginia.org
Attention: General Counsel
(a) Entire Agreement; Amendments: This Agreement constitutes the entire agreement
between the parties hereto as to the Site Characterization Grant, and may not be amended or
modified, except in writing, signed by each of the parties hereto. This Agreement shall be binding
upon and inure to the benefit of the parties hereto and their respective successors and assigns. The
Grantee may not assign its rights and obligations under this Agreement without the prior written
consent of VEDP.
(b) Governing Law; Venue: This Agreement is made, and is intended to be performed, in
the Commonwealth and shall be construed and enforced by the laws of the Commonwealth.
Jurisdiction and venue for any litigation arising out of or involving this Agreement shall lie in the
Circuit Court of the City of Richmond, and such litigation shall be brought only in such court. In the
event this Agreement is subject to litigation, each party shall be responsible for its own attorney's
fees.
(c) Counterparts: This Agreement may be executed in one or more counterparts, each of
which shall be an original, and all of which together shall be one and the same instrument.
(d) Severability: If any provision of this Agreement is determined to be unenforceable,
invalid or illegal, then the enforceability, validity and legality of the remaining provisions will not in
any way be affected or impaired, and such provision will be deemed to be restated to reflect the
original intentions of the parties as nearly as possible in accordance with applicable law.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
P40
Adjourned Meeting
December 13, 2016
IN WITNESS WHEREOF, the parties hereto have executed this Performance Agreement as
of the date first written above.
VIRGINIA ECONOMIC DEVELOPMENT
PARTNERSHIP AUTHORITY
By
Name: Daniel C. Gundersen
Title: Interim President & CEO and COO
Date: 2016
COUNTY OF PITTSYLVANIA, VIRGINIA
By
Name:
Title:
Date:
2016
Motion was made by Mr. Barber, seconded by Mr. Warren, to approve and accept the
$1,400.00 Virginia Business Ready Sites Program Characterization Grant Performance Agreement
for the Berry Hill Industrial Park and authorize the County Administrator to sign the agreement,
which was unanimously approved by the Board with the exception of Mr. Blackstock, who was
absent.
VIRGINIA BUSINESS READY SITES PROGRAM
SITE CHARACTERIZATION GRANT
PERFORMANCE AGREEMENT
This PERFORMANCE AGREEMENT made and entered this 1st day of November, 2016,
by and between the VIRGINIA ECONOMIC DEVELOPMENT PARTNERSHIP AUTHORITY
("VEDP"), a political subdivision of the Commonwealth of Virginia (the "Commonwealth") and the
DANVILLE-PITTSYLVANIA REGIONAL INDUSTRIAL FACILITY AUTHORITY (the
"RIFA"), a political subdivision of the Commonwealth, the COUNTY OF PITTSYLVANIA,
VIRGINIA (the "County"), a political subdivision of the Commonwealth, and the CITY OF
DANVILLE, VIRGINIA (the "City"), a political subdivision of the Commonwealth (RIFA, the
County and the City together, jointly and severally, the "Grantee").
WITNESSETH:
WHEREAS, the Virginia Business Ready Sites Program ("VBRSP") was established pursuant
to § 2.2-2238 C. of the Code of Virginia of 1950, as amended, to identify and assess the readiness of
potential industrial or commercial sites in the Commonwealth for marketing for economic
development purposes;
WHEREAS, the initial step under the VBRSP for a potential industrial or commercial site is
(i) an assessment to quantify the level of existing development at the site and the additional
P41
Adjourned Meeting
December 13, 2016
development required to bring the site to a level that will enable such site to be marketed for
economic development purposes, and (ii) a designation of a tier level of readiness to the site
(collectively, "Site Characterization");
WHEREAS, the Grantee has submitted an application for a grant to assist with the costs
associated with Site Characterization at the Berry Hill Industrial Park, which is owned by the RIFA
and located in the County (the "Site") and has been awarded a grant in the amount of $1,400 (the
"Site Characterization Gran"');
WHEREAS, VEDP and the Grantee desire to set forth their understanding and agreement as
to the payout of the Site Characterization Grant, the use of the Site Characterization Grant proceeds,
the obligations of the Grantee, and the repayment by the Grantee of all or part of the Grant under
certain circumstances; and
WHEREAS, Site Characterization constitutes a valid public purpose for the expenditure of
public funds and is the animating purpose for the Site Characterization Grant:
NOW, THEREFORE, in consideration of the foregoing, the mutual benefits, promises and
undertakings of the parties to this Agreement, and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties covenant and agree as follows:
Section 1. Disbursement of Grant; Use of Proceeds; Responsibility for Costs
(a) Disbursement: Disbursement of the Site Characterization Grant will be made
promptly after the execution and delivery of this Agreement. For purposes of administration, the Site
Characterization Grant will be disbursed to the County for the benefit of the Grantee.
(b) Use of Proceeds: The Grantee will use the Site Characterization Grant proceeds to
pay or reimburse itself for costs associated with Site Characterization at the Site. The proceeds of the
Site Characterization Grant must be expended within 30 days of the expected completion date set
forth in Section 2(a) below.
(c) Responsibility for Costs: The Grantee is responsible for one-to-one cash match of the
amount of the Site Characterization Grant ("Local Match"). This Local Match may be made from
public and/or private sources. The Grantee is responsible for any remaining costs of the Site
Characterization.
Section 2. Performance; Reportin¢
(a) Performance: The Grantee is expected to cause the completion of Site
Characterization at the Site on or before February 1, 2017 (the "Completion Date"). If VEDP, in
consultation with the VBRSP Review Committee, deems that good faith and reasonable efforts have
been made by the Grantee to have Site Characterization completed, the Completion Date may be
extended by up to 60 days. If it is determined otherwise that the Grantee is unable or unwilling to
cause Site Characterization to be completed by the Completion Date, then the entire Site
Characterization Grant must be repaid to VEDP in accordance with Section 3(c) below.
Notwithstanding anything herein to the contrary, the Completion Date shall be extended as set forth
herein if the Site Characterization is not completed by the original Completion Date, due to causes
P42
Adjourned Meeting
December 13, 2016
beyond the Grantee's control, including labor disputes, civil commotion, war, fires, floods, inclement
weather, governmental regulations or controls, casualty, government authority, strikes, or acts of
God.
(b) Reporting: Within 30 days of the completion of Site Characterization, but no later
than 30 days after the Completion Date, as the same may be extended, the Grantee must submit to
VEDP a report summarizing the results of Site Characterization, indicating that the Site
Characterization Grant proceeds have been expended and demonstrating that the balance of the costs
associated with Site Characterization at the Site, including the Local Match, has been paid (the "Grant
Report').
Section 3. Reduction of Grant Amount; Repayment Obligation.
(a) If Costs are Less than Anticipated.• If the Grant Report indicates that the costs of Site
Characterization were less than anticipated, such that the amount of the Site Characterization Grant
proceeds exceeds the Local Match made by the Grantee or that the Grantee will not need all of the
Site Characterization Grant proceeds disbursed to the Grantee, the Grantee shall repay to VEDP an
amount equal to the excess amount or the amount of the proceeds no longer required.
(b) Failure to Complete by Completion Date: As noted in Section 2(a) above, if it is
determined that the Grantee is unable or unwilling to cause Site Characterization to be completed by
the Completion Date, the Grantee shall repay to VEDP the entire Site Characterization Grant.
(c) Repayment Date; Cure Period. VEDP will provide written notification to the Grantee
if any repayment is due from the Grantee to VEDP under this Agreement. Within 60 days of
receiving such notification, the Grantee will make the repayment to VEDP.
Section 4. Notices.
Formal notices and communications among the Parties shall be given either by (i) personal
service, (ii) delivery by a reputable document delivery service that provides a receipt showing date
and time of delivery, (iii) mailing utilizing a certified or first class mail postage prepaid service of the
United States Postal Service that provides a receipt showing date and time of delivery or (iv) delivery
by facsimile or electronic mail (email) with transmittal confirmation and confirmation of delivery,
addressed as noted below. Notices and communications personally delivered or delivered by
document delivery service shall be deemed effective upon receipt. Notices and communications
mailed shall be deemed effective on the second business day following deposit in the United States
mail. Notices and communications delivered by facsimile or email shall be deemed effective the next
business day, not less than 24 hours, following the date of transmittal and confirmation of delivery to
the intended recipient. Such written notices and communications shall be addressed to:
if to the Grantee, to:
Matthew D. Rowe Telly D. Tucker, CEcD
Director of Economic Development Director of Economic Development
County of Pittsylvania, Virginia City of Danville, Virginia
1 Center Street 427 Patton Street
P43
Adjourned Meeting
December 13, 2016
Chatman, Virginia 24531
Email: Matthew.RoweApittog v_org
Danville-Pittsylvania Regional Industrial Facility
Authority
Attention: Chairman
427 Patton Street
Danville, Virginia 24541
if to VEDP, to:
Virginia Economic Development Partnership
901 East Cary Street, Suite 900
Post Office Box 798 (zip: 23218-0798)
Richmond, Virginia 23219
Facsimile: 804.545.5611
Email: dgundersen@yesvirginia.org
Attention: Interim President & CEO and COO
Section 5. Miscellaneous.
Danville, Virginia 24541
E-mail: telly.tucker a danvilleva.gov
with a copy to:
Virginia Economic Development Partnership
901 East Cary Street, Suite 900
Post Office Box 798 (zip: 23218-0798)
Richmond, Virginia 23219
Facsimile: 804.545.5617
Email: smcninch@yesvirginia.org
Attention: General Counsel
(a) Entire Agreement; Amendments: This Agreement constitutes the entire agreement
between the parties hereto as to the Site Characterization Grant, and may not be amended or
modified, except in writing, signed by each of the parties hereto. This Agreement shall be binding
upon and inure to the benefit of the parties hereto and their respective successors and assigns. The
Grantee may not assign its rights and obligations under this Agreement without the prior written
consent of VEDP.
(b) Governing Law; Venue: This Agreement is made, and is intended to be performed, in
the Commonwealth and shall be construed and enforced by the laws of the Commonwealth.
Jurisdiction and venue for any litigation arising out of or involving this Agreement shall lie in the
Circuit Court of the City of Richmond, and such litigation shall be brought only in such court. In the
event this Agreement is subject to litigation, each party shall be responsible for its own attorney's
fees.
(c) Counterparts: This Agreement may be executed in one or more counterparts, each of
which shall be an original, and all of which together shall be one and the same instrument.
(d) Severability: If any provision of this Agreement is determined to be unenforceable,
invalid or illegal, then the enforceability, validity and legality of the remaining provisions will not in
any way be affected or impaired, and such provision will be deemed to be restated to reflect the
original intentions of the parties as nearly as possible in accordance with applicable law.
(THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
P44
Adjowned Meeting
December 13, 2016
IN WITNESS WHEREOF, the parties hereto have executed this Performance Agreement as
of the date first written above.
VIRGINIA ECONOMIC DEVELOPMENT
PARTNERSHIP AUTHORITY
By
Name: Daniel C. Gundersen
Title: Interim President & CEO and COO
Date: 2016
DANVILLE-PITTSYLVANIA REGIONAL
INDUSTRIAL FACILITY AUTHORITY
By
Name:
Title:
Date: 2016
COUNTY OF PITTSYLVANIA, VIRGINIA
By
Name:
Title:
Date: 2016
CITY OF DANVILLE, VIRGINIA
By
Name:
Title:
Date: 2016
Motion was made by Mr. Barber, seconded by Mr. warren, to authorize the County Attorney
to draft an amendment to the current contract with Regional One Emergency Medical Services
(ROEMS) that provides backup EMS transport service to the County's Volunteer EMS agencies
which would increase the annual amount of payment for ROEMS' service to $98,000, for the
remainder of current Fiscal Year, ending June 30, 2017, with monthly payments being $8,166.66, and
to include an option within the agreement allowing the County to expend said contract for one (1)
additional year, ending June 30, 2018 with an increase not to exceed 8%. Mr. Hagerman requested
information from Mr. Jim Davis, Director of Emergency Management, on how many calls had
ROEMS responded to for the last 3 years; where was the ROEMS vehicle that was supposed to be
stationed in Gretna; a copy of the current ROEMS contract; and who are the members on the
Emergency Medical Advisory Committee (SMAC). Mr. Barber's motion was unanimously approved
by the Board with the exception of Mr. Blackstock, who was absent.
Board Announcements
All of the Board members wished everyone a safe and happy holiday season, thanked the
students from Tunstall High School in attendance, and thanked the media services for their coverage
of the Board meetings.
ADJOURNMENT
Motion was made by Mr. Barber, seconded by Mr. Warren to adjourn the meeting, which was
unanimously approved by the Board with the exception of Mr. Blackstock who was absent.
The meeting adjourned at 8:30pm.
P45
NEW BUSINESS
P46
PITTSYLVANIA COUNTY
BOARD OF SUPERVISORS
EXECUTIVE SUMMARY
AGENDA TITLE: AGENDA DATE: ITEM NUMBER:
VA COIA Forms Discretionary Filing 01-03-2017 25
Resolution
ACTION:
REQUEST: Yes
Resolution Adoption
ATTACHMENT:
STAFF CONTACTS: (1) Resolution 2017-01-01
Mr. Smitherman; Mr. Hunt;
Mrs. McCluster REVIEWED BY: _e7
BACKGROUND/DISCUSSION:
The Virginia Conflict of Interest Act ("VA COIA") legally requires certain local employees,
elected officials, committee members, board members, and appointees to complete and submit at
least some of the following VA COIA forms: (1) Disclosure of Real Estate Holdings
("DOREH"); (2) Statement of Economic Interests ("SOEI"); and (3) Financial Disclosure
Statement ("FDS"). VA COIA also grants the Pittsylvania County Board of Supervisors
(`BOS") discretion to designate, via Ordinance or Resolution, certain additional individuals to
file at least some of the above -referenced VA COIA forms. Attached please find Resolution
2017-01-0 designating said discretionary VA COIA form filers.
RECOMMENDATION:
For the BOS' consideration. Staff recommends Resolution adoption.
P47
PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2017-01-01
VA COIR FORMS DISCRETIONARY FILING RESOLUTION
WHEREAS, the Virginia Conflict of Interest Act ("VA COIA") legally requires certain
local employees, elected officials, committee members, board members, and appointees to
complete and submit at least some of the following VA COIA forms: (1) Disclosure of Real
Estate Holdings ("DOREH"); (2) Statement of Economic Interests ("SOEI"); and (3) Financial
Disclosure Statement ("FDS"); and
WHEREAS, VA COIA also grants the Pittsylvania County Board of Supervisors ("PC
BOS") discretion to designate, via Ordinance or Resolution, certain additional individuals to file
at least some of the above -referenced VA COIA forms.
NOW THEREFORE, BE IT RESOLVED BY THE PC BOS that it does hereby
exercise its legal discretion and designate that the following additional individuals are required to
complete and submit the following VA COIR form(s):
• DOREH: County Attorney, as an "executive officer" under Virginia Code § 2.2-
3115(G); and
• SOEI: County Attorney, all County Department Heads, Assistant County
Administrators, and Service Authority Director, as "persons holding
positions of trust" under Virginia Code § 2.2-3115.
Adopted this 0 day of January, 2017.
PC BOS Chairman
ATTEST:
David M. Smitherman, PC BOS Clerk
APPROVED AS TO FORM:
J. Vaden Hunt, Esq.
Pittsylvania County Attorney
Vote
Jessie L. Barksdale
Elton W. Blackstock
Joe B. Davis
Ronald S. Scearce
Robert W. Warren
Jerry A. Hagerman
Tim R. Barber
Ayes _ Nays Abstentions
P48
PITTSYLVANIA COUNTY
Board of Supervisors
AGENDA TITLE:
CPMT Attendance Report
CPMT Member Appointments
SUBJECT/PROPOSAL/REQUEST:
CPMT Attendance Report
CPMT Member Appointments
STAFF CONTACT(S):
Mr. Smitherman; Ms. Boswell
L*1_/ ockI] r ►n x.Yllulu F41W4
AGENDA DATE:
01/03/2017
ACTION:
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
CPMT Attendance Log
REVIEWED BY: 6.
ITEM NUMBER:
26
INFORMATION:
INFORMATION:
BACKGROUND:
Resolution 2014-10-02: "CPMT members shall attend 75% of regularly scheduled meetings unless
mitigating circumstances are approved by the Pittsylvania County Board of Supervisors."
Resolution 2014-03-01 was adopted by the Pittsylvania County Board of Supervisors on March 3, 2014.
Pittsylvania County Board of Supervisors agreed to appoint CPMT members for fiscal year terms, each June.
DISCUSSION:
Cheryl Boswell, CSA Coordinator, will present the Community Policy Management Team (CPMT) quarterly
attendance record and CPMT member appointments.
RECOMMENDATION:
Staff recommends the Board of Supervisors approve the following appointments to the CPMT:
Appointment of the following CPMT member, effective December 15, 2016 - June 30.2017:
Parent Representative — Amy Edwards
P49
P50
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APPOINTMENTS
P51
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE:
Appointment — Tri -County Lake Administrative
Commission (TLAC); County Administrator and
Citizen Representative
SUBJECUPROPOSAUREOUEST:
Appointments
STAFF CONTACT(S):
Mr. Smitherman
AGENDA DATE:
01-03-2017
ACTION:
Yes
CONSENT AGENDA:
ACTION:
ATTACHMENTS:
No
REVIEWED BY:
ITEM NUMBER:
28
INFORMATION:
INFORMATION:
DISCUSSION:
Tri -Lakes Administrative Commission's (TLAC) appointments are for a one-year term, beginning February
1, 2017 through January 31, 2018.
TLAC requires the County Administrator of each county participant be appointed to this Commission.
Pittsylvania County appoints a citizen representative to this Commission. Mr. Lionel Reynolds, Jr., the
current Citizen Representative for Pittsylvania County, is eligible for re -appointment and has indicted he
would like to continue serving on this Commission.
RECOMMENDATION:
The staff submits this to the Board for their review and consideration, and approval.
P52
PITTSYLVANIA COUNTY
Board of Supervisors
EXECUTIVE SUMMARY
AGENDA TITLE: I AGENDA DATE:
Recommendation on Board of Zoning Appeals 1 01-03-2017
Appointment
Appointment Recommendation
STAFF CONTACT(S):
Mr. Smitherman; Mr. Hunt
BACKGROUND:
ACTION:
Yes
CONSENT AGENDA:
ACTION•
29
INFORMATION:
ATTACHMENTS:
1. Letter from Director of Code Compliance
2. Description of Board of Zoning Appeals
3. List of current members serving on the Board of Zoning
Appeals
REVIEWED BY: (J /-
Kenneth Talbott's term on the Pittsylvania County Board of Zoning Appeals will expire on January 16, 2017.
Mr. Talbott is eligible for re -appointment for another 5 -year term. While this appointment is made by the
Pittsylvania County Circuit Court Judge, the Board of Supervisors may send via direction to the County
Attorney their recommendations for any appointments to this board.
RECOMMENDATION:
Staff submits this to the Board of Supervisors for their review and consideration.
P53
PITTSYLVANIA COUNTY
VIRGINIA
Department of Code Compliance
P.O. Drawer D
Chatham, Virginia 24531
Odie H. Shelton, Jr., Director
November 30, 2016
Mr. J. Vaden Hunt
Pittsylvania County Attorney
P. O. Box 426
Chatham, VA 24531
Re: Reappointment of Board of Zoning Appeals Member
Dear Mr. Hunt:
Phone Numbers:
Inspections (434) 432-7750
Zoning (434) 432-1771
Fax (434) 432-7919
Appointment of Board of Zoning Appeals member Kenneth Talbott will expire January 16, 2017. I have
spoken with Mr. Talbott, and he is willing to serve another five year term. Please forward the necessary
information to Judge Moreau to consider his reappointment.
If you need any further information or if I can be of any assistance, please let me know.
Sincerely,
Odic Shelto
Director of Code Compliance/
Zoning Administrator
OHS, Jr/khb
C: Clarence Monday, Pittsylvania County Administrator
Kenneth Talbott, Board of Zoning Appeals Chairman
P54
PITTSYLVANIA COUNTY BOARD OF ZONING
APPEALS
(APPOINTMENT BY CIRCUIT COURT JUDGE)
DESCRIPTION
Meeting Date/Time/Location: 2"d Tuesday of the Month at 7:00 p.m. in
the Pittsylvania County General District Courtroom
Term: 5 years
Composition: A seven (7) member court-appointed body
Function/Duties: The Board of Zoning Appeals hears and rules on the
following:
■ Appeals from a Zoning Administrator's Ruling
■ Applications for Variances from the Zoning Code
■ Applications for Interpretations of the Zoning District Maps
■ Special Use Permits
■ Off -Site Sign Permits
REVISED 01-30-2012
P55
Pittsylvania County
Board of Zoning Appeals
2016
Kenneth Talbott, Chairman January 16, 2017
1512 Millstream Drive
Gretna, VA 24557
Home: (434) 656-3114
Mobile: (434) 941-7070
Email: ktalbott(a>eamewood.net
R. Allan Easley, Vice -Chairman
1908 Pleasant Gap Drive
Dry Fork, VA 24549
Home: (434) 432-8487
Work: (434) 432-4046
Email: easleva(anationwide.com
Leon Griffith
3464 Huntington Trail
Cascade, VA 24069
Home: (434) 685-4000
NO EMAIL
Mrs. Helen Glass
P. O. Box 1127
276 Squirrel Road
Grema, VA 24557
Home: (434) 656-6217
Cell: (434) 429-9608
NO EMAIL
Joseph A. Craddock
8392 Deer View Road
Gretna, VA 24557
Home: (434) 335-4181
Work: (434) 856-8068
Work Cell: (434) 316-8898
Email: Joseph.Craddock(i�vdot.virainia.eov
Ronald E. Merricks
2640 Keeling Drive
Keeling, VA 24566
Home: (434) 799-9295
Work: (434) 432-5615
Email: rmerricks(achathamhall.ora
Carroll Yeaman
4421 Mount View Road
Danville, VA 24540
Home: (434) 836-0142
Email: carrollveaman(ncomcast.net
**Appointed by Circuit Court Judge Only**
REVISED 01/2016
P56
January 16, 2021
January 14, 2020
January 16, 2021
January 16, 2021
January 14, 2020
January 14, 2020
REPORTS FROM
MEMBERS
P57
REPORTS FROM
LEGAL COUNSEL
P58
REPORTS FROM
COUNTY
ADMINISTRATOR
P59
PITTSYLVANIA COUNTY
BUDGET CALENDAR FY 2017-2018
Friday, November 18, 2016:
Friday, December 30, 2016:
Week of January 16, 2017:
Tuesday, January 17, 2017-4:30 pm:
Finance Committee Meeting
Monday, February 6, 2017 — 5:00 pm:
Finance Committee Meeting
*Submission of CIP Update by Departments
*Department Requests deadline
•Departmental Budget Reviews
*Presentation of FYI Audit
*Year-to-date Financial Report
*Discussion & Approval of FY 16/17 Calendar
.Guidance to Staff for FY 16/17 Budget
*Review Revenues
Tuesday, February 21, 2017 — 5:00 pm: *Submit County Administrator's recommended
Finance Committee Meeting budget
Monday, March 6, 2017 — 5:00 pm:
Finance Committee Meeting
Wednesday, March 8, 2017:
Monday, March 20, 2017 — 7:00 pm:
Special Meeting
Monday, April 3, 2017 — 7:00 pm:
•Budget approved for advertisement by the Finance
Committee to the full Board of Supervisors
*Budget approved for advertisement at the regular
meeting of the Board of Supervisors
*Budget will be advertised (pending approval and
date set by Finance Committee)
•Public hearing on school budget and public
hearing on full county budget (budget cannot be
approved until 7 days after public hearing)
•Approval of the school budget and full county
budget at the regular meeting of the Board of
Supervisors
P60
COMMONWEALTH of VIRGINIA
DEPARTMENT OFENVIRONAIENTAL QUALFTY
Sneetaddress 629 East Mvn Stn el, Richmond, Virginia 23219
Mull, Joseph Wnrd Mailing address: P.0- Box 1105, Richmond. V irginia 23218 wvid K. Pin„
S,rreunrorrvawnlRoc.wccs Fax: 804-698-4019-TDD(804)698-4021
www.deq.virginia.gov laa 1698-4020
1-800-592-5482
December 22, 2016
Kimberly D. Bose, Secretary
Federal Energy Regulatory Commission
888 First Street NE, Room 1A
Washington, DC 20426
RE: Federal Energy Regulatory Commission Draft Environmental Impact Statement for
the Mountain Valley Project (FERC/DEIS-D0272; FERC Docket Number CP16-10-
000; DEQ 16-194F).
Dear Secretary Bose:
The Commonwealth of Virginia has completed its review of the draft environmental
impact statement (DEIS) for the portions of the Mountain Valley Project (MVP) in
Virginia. The Virginia Department of Environmental Quality (DEQ) is responsible for
coordinating Virginia's review of federal environmental documents prepared pursuant to
the National Environmental Policy Act (NEPA) and responding to appropriate federal
officials on behalf of the Commonwealth. This letter, including attachments, is the
Commonwealth of Virginia's response to the September 16, 2016 public notice, issued
by the Federal Energy Regulatory Commission (FERC or Commission) for the MVP
DEIS.
Comments from reviewers primarily focus on recommending measures to mitigate
potential environmental impacts. In general, participants in the Commonwealth's review
support the recommendations in the DEIS to coordinate with government agencies,
adhere to protective construction measures, and mitigate for unavoidable impacts. State
agencies are also supportive of some route variations that protect resources under their
jurisdiction. These statements are discussed in the detailed comments from reviewers in
Attachment B. However, the Commonwealth has reached two significant conclusions:
• A supplemental DEIS is needed to address adequate analysis of newly submitted
route changes.
P61
FERC MVP DEIS
DEQ 16-194F
Page 2
• A comprehensive forest mitigation plan addressing direct and indirect forest loss
is needed.
SuoDlemental DEIS
There were a number of route changes to the MVP in Virginia that were submitted to the
FERC docket in October 2016. Some route changes were at FERC's request while
others appeared to be corrections to the route as described in the DEIS. In addition,
Mountain Valley Pipeline, LLC (MVP, LLC) submitted limited analysis for the route
variations and changes to plans, surveys and assessments during October and
changes to their plans and procedures (directly to DEQ) in November. Based on a
review of this information, it appears that impacts from some proposed route variations
or the viability of construction procedures in some locations are uncertain. The
Commonwealth appreciates the flexibility that is necessary and inherent in any planning
project. However, the DEIS lacks a thorough and accurate environmental analysis of the
substantial changes that were made during the public comment period. For these
reasons, the Commonwealth strongly recommends that FERC prepare a supplemental
DEIS pursuant to 40 Code of Federal Regulations (CFR) 1502.9. The Commonwealth
also recommends that the supplemental DEIS include analysis, especially in sensitive
environmental areas, of the October 2016 proposed route changes and any additional
variations, address applicable comments that are detailed in the attachments, and
provide the opportunity for sufficient public comment.
Forest Mitigation Plan
The Commonwealth agrees with FERC that implementation of the MVP will create
adverse and significant impacts on forests and supports the recommendation for MVP,
LLC to develop a mitigation plan in coordination with federal and state agencies for
upland forest impacts (DEIS, Section 4.4.3). However, the Commonwealth's natural
resource agencies indicate that indirect impacts and associated mitigation were not
adequately addressed in the DEIS (see Attachment B). The regulations implementing
NEPA (40 CFR 1500 et seq.) clearly state that federal agencies must discuss means to
mitigate adverse environmental impacts, including indirect effects and their significance.
The Commonwealth is recommending that FERC include a recommendation in Section
5.2 of the Final Environmental Impact Statement (EIS) that requires coordination with
the Commonwealth's natural resource agencies and applicable federal agencies to
mitigate direct and indirect impacts to upland forests in Virginia, specifically forested
cores, and that if the Commission approves the construction and operation of the MVP,
it condition the order on adherence to this recommendation.
P62
FERC MVP DEIS
DEQ 16-194F
Page 3
Coordinated Review
As part of the Commonwealth's review, DEQ requested comments from state agencies,
localities and planning district commissions. DEQ notified reviewers of the availability of
the DEIS and additional information submitted to the FERC docket by MVP, LLC on
October 14, 20 and 27, 2016. Reviewers also had an opportunity to review files suitable
for use in Geographic Information System software of the route that were provided by
MVP, LLC. The comments that were submitted as part of this review are attached and
organized as follows:
• Attachment A: Recommendations for the Supplemental or Final EIS, Plans and
Procedures
• Attachment B: Detailed comments from reviewers
Attachment A includes more than 70 recommendations that are based on a summation
of comments from participating agencies, localities and planning district commissions.
This summary highlights priorities derived from submitted comments and is not meant to
substitute the totality of the individual comments in Attachment B. The Commonwealth
recommends that FERC consider every comment, correction or recommendation
detailed in Attachment B that FERC did not already address during the consideration of
Attachment A.
Thank you for the opportunity to comment. If you have questions, please do not hesitate
to contact meat bettina.sullivan(a)deo.virginia.gov or(804)698-4204.
Enclosures
ec: Paul Friedman, FERC
Ernie Aschenbach, DGIF
Keith Tignor, VDACS
Robbie Rhur, DCR
Jason Bulluck, DCR
Drew Hammond, VDH
Susan Douglas, VDH
Roger Kirchen, DHR
Sincerely,
.res
Bettina Sullivan, Manager
Environmental Impact Review and Long Range
Priorities Program
P63
FERC MVP DEIS
DEQ 16-194F
Page 4
David Spears, DMME
Greg Evans, DOF
Tony Watkinson, VMRC
Randy Owen, VMRC
Elizabeth Jordan, VDOT
Rusty Harrington, DOAV
Susan Simmers, DOAV
Martha Little, VOF
Bruce Sterling, VDEM
Colonel W. Steven Flaherty, VSP
Jennifer Mitchell, DRPT
Chris McKlarney, Giles County
Clay Goodman, Craig County
Craig Meadows, Montgomery County
Marc Verniel, Town of Blacksburg
Thomas C. Gates, Roanoke County
Terri W. Morris, Floyd County
Brent Robertson, Franklin County
C. James Ervin, Town of Rocky Mount
Matt Lawless, Town of Boones Mill
Clarence Monday, Pittsylvania County
Richard G. Cocke, Town of Chatham
P64
COMMONWEALTH of VIRGINIA
UEP4R7691--N7 OFENVIRONMENIAL QUALM
Snrrla,hhc,, 629 Uicl Main Slteei, Richnrmd. Virgbl ia'_3219
Moly Joseph card Wailing addlrro%: P.O. Box 1105, Richn> nd_ V Rginla 2321 % brad K Pe.i.n
Sn reur. nl'nmwalHcnun�` In 804-698-4019-TDD(8(W)084021 Ina -o.
dal. virgi nia. go, 1x 1u 1 i,98 4020
1 x005925482
ATTACHMENT A: RECOMMENDATIONS FOR THE
SUPPLEMENTAL OR FINAL EIS, PLANS AND PROCEDURES
The recommendations within this attachment are organized as follows:
Part I: Section 5.2 of the Final EIS
o New Recommendations
o Modifications to Existing Recommendations in Section 5.2
Part II: Supplemental or Final EIS Plans and Procedures
o Route Changes and Variations
• Canoe Cave Conservation Site
■ Mount Tabor Variation and Slussers Chapel Conservation Site
• Mill Creek Springs Natural Area Preserve
• DCR Conservation Areas
• Surface Waters
• Wildlife Resources
■ Aviation
o Preconstruction Recommendations
• Surface Waters and Groundwater Resources
• Infrastructure Conflicts
• Karst Resources
• Wildlife Resources
• Contaminated Soil, Sediment and Groundwater
• Recreational and Scenic Resources
• Virginia Outdoors Foundation Easements
• Geologic and Mineral Resources
■ Pollution Prevention
• Aviation
• Drinking Water Resources
• Rare Plants
o Mitigation Measures for Construction and Maintenance Activities
• Wetlands and Surface Waters
P65
FERC MVP DEIS
DEQ 16-194F
Attachment A
Page 2
• Hydrostatic Testing
■ Stream Crossings
■ Forest Resources
• Wildlife Resources
• Erosion and Sediment Control
■ Right -of -Way Maintenance
■ Government -Funded Best Management Practices
• Open Burning and Fugitive Dust
• Aviation
o Recommendations for Specific Plans
• Spill Prevention Controls and Countermeasures and Emergency
Response Plan
• Migratory Bird Conservation Plan
• Exotic and Invasive Species Control Plan
■ Fire Prevention and Suppression Plan
• Plans for the Management of Waste and Contaminated Soil,
Sediment and Groundwater
■ Plan for Discovery of Unanticipated Paleontological Resources
• Blasting Plan
• Karst Mitigation Plan
■ Traffic and Transportation Management Plan
o Comments for the Bureau of Land Management and U.S. Forest Service
o Errors in the EIS
P66
FERC MVP DEIS
DEQ 16-194F
Attachment A
Page 3
Part I: Section 5.2 of the Final EIS
The Commonwealth of Virginia recommends that FERC include the following
recommendations in Section 5.2 of the Final EIS (FEIS) and that if the Commission
approves the construction and operation of the Mountain Valley Project (MVP), it
condition the order on adherence to these recommendations. If FERC does not include
these recommendations in Section 5.2, then the Commonwealth recommends that they
be incorporated in appropriate sections of the FEIS, plans and procedures as mitigation
measures. To the extent practicable, the Commonwealth recommends that the Bureau
of Land Management and U.S. Forest Service also consider these recommendations to
the degree that they relate to decisions under their jurisdiction.
1) New recommendations for Section 5.2
a) Recommendation: Given the adverse impact to forestland that has been
documented and recognized by FERC as significant in its analysis, the
Commonwealth of Virginia recommends that FERC include in Section 5.2 a
recommendation that directs MVP, LLC to coordinate with Virginia's natural
resource agencies and applicable federal agencies on an acceptable mitigation
plan to offset and compensate for the significant forestland impacts in Virginia,
including direct and indirect loses and fragmentation effects.
Findings to support recommendation: The DEIS directs MVP, LLC to develop
a mitigation plan in coordination with federal and state agencies for upland forest
impacts in Section 4.4.3. Failing to include a robust account for direct and indirect
impacts of the MVP to forests would gravely underestimate the extent to which
Virginia's forest would be affected by the project. For additional evidence to
support the recommendation, see comments from the Commonwealth's natural
resource agencies in Attachment B.
b) Recommendation: Include a requirement directing MVP, LLC to develop an
Acid Soil Mitigation Plan to be approved by Virginia Department of Environmental
Quality (DEQ) and implement horizontal directional drilling (HDD) to the
maximum extent practicable in areas containing acid soils. DEQ cautions that
exposing these soils to the atmosphere through open trenching operations could
result in acidic runoff, potentially resulting in environmental impacts. The plan
should address how these areas will be managed, the disposition of acid soils,
and details regarding proper storage and disposal practices.
Findings to support recommendation: DEQ considers stormwater
management and erosion and sediment control (ESC) measures to be critically
important to minimizing potential water quality impacts from the MVP. The MVP
P67
FERC MVP DEIS
DEQ 16-194F
Attachment A
Page 4
crosses or is within 100 meters of more than 21 miles of Virginia streams.
Additionally, there are areas of special interest such as karst, steep slopes, slide
prone areas, and acid sulfate soils. Proper stormwater management and ESC
design, implementation, and monitoring will be paramount in protecting these
resources. The ESC procedures contained in the DEIS are not representative of
the full scope of Virginia's requirements for stormwater and ESC. DEQ has
required MVP, LLC to submit site-specific ESC plans to be reviewed and
approved prior to land -disturbing activity. These ESC plans will be expected to
meet and exceed Virginia's requirements, particularly in areas of special interest.
See the DEQ comments in Attachment B.
c) Recommendation: Add a recommendation to direct MVP, LLC to conduct pre -
impact characterizations of proposed stream and wetland crossings to include
sufficient evidence that the system will be able to maintain its original functions
indefinitely after restoration. DEQ is concerned that the proposed temporary
impacts could result in a permanent alteration of the impacted systems post
construction. Pre -impact characterizations should include subsurface
investigations at temporary stream and wetland impact areas to establish the
feasibility of restoring the systems post construction and hydrologic
assessments, including piezometers, to establish pre -impact hydrologic
conditions at temporary wetland impact areas. See the DEQ comments in
Attachment B.
d) Recommendation: Add a new recommendation, or amend Recommendation
28, to include a requirement that MVP, LLC file feasibility and geotechnical
studies for all HDD stream crossings. See the DEQ comments in Attachment B
for location information.
e) Recommendation: Include a requirement that directs MVP, LLC to develop a
comprehensive Water Quality Monitoring Plan that describes how water quality
monitoring will be conducted before, during and up to five years after project
construction. The plan should focus on identifying an appropriate number of
monitoring locations above and below where open trench crossing or HDD are
used in critical areas such as wild/stocked trout streams, endangered/threatened
species waters, public water supplies, total maximum daily load (TMDL)
watersheds, Tier 3 streams, areas near acidic soils and streams with high
Virginia Stream Condition Index (VSCI) scores. The plan should consider real-
time temperature, dissolved oxygen and turbidity monitoring (such as that done
in Virginia by the U.S. Geological Survey), which could allow the public and all
agencies involved to access the data real-time. Additionally, the plan should
include a collection of macroi nverteb rates, fish, and habitat data, using DEQ -
approved methods, above and below identified crossings during the project, and
yearly for 5 years after completion of the project.
P68
FERC MVP DEIS
DEQ 16-194F
Attachment A
Page 5
f) Recommendation: Add a requirement directing MVP, LLC to conduct additional
hydrostatic testing protections beyond the Virginia Pollutant Discharge
Elimination System (VPDES) Permit discharge general permit requirements to
include restricting volumes of intake and discharge not to exceed 10% of stream
average daily flows and limiting screen sizes to not larger than 1 millimeter for
withdrawals associated with hydrostatic testing and dust control.
Findings to support recommendation: MVP, LLC will be required to obtain
coverage under the General VPDES Permit Regulation for Discharges from
Petroleum Contaminated Sites, Groundwater Remediation and Hydrostatic Tests
(9VAC25-120). Section 4.6.2.4 suggests that MVP, LLC will minimize impacts
from water withdrawals by adhering to the measures in its procedures called
Erosion and Sediment Control Plans. However, in those plans in Section 2.6.1
Hydrostatic Testing, there is no evaluation or assurance that aquatic life will be
minimally impacted. The focus is on withdrawal with water discharges only being
mitigated with an energy dissipating device. A rough analysis indicated discharge
volumes ranging from 10% to 445% of the average daily stream flow. See the
DEQ comments in Attachment B for additional information.
g) Recommendation: Add a requirement for MVP, LLC to file stream and wetland
mitigation plans prior to construction for permanent operational impacts, including
permanent access roads and upgrades of existing roads for temporary access
resulting in long-term stream impact. See the DEQ comments in Attachment B
for additional information.
h) Recommendation: Add a requirement that, prior to construction, MVP, LLC
conduct dye trace studies, geological analysis and hydrological studies to
determine subsurface flow paths in areas where the pipeline, access roads,
layout yards, or fueling stations cross or lie upslope along drainages from karst
features so that in the event of a spill, recovery and monitoring efforts may begin
immediately. Locations of where channels terminate downstream of the project in
swallets, especially in cases where swallets are more than 400 feet from the
project centerline, should be documented. Incorporate results into the Karst
Mitigation Plan. See DCR comment comments in Attachment B for specific
locations.
Findings to support recommendation: DCR supports MVP, LLC's efforts in
minimizing impacts to karst resources. However, the proposed practices do not
completely eliminate the possibility of sediment or other contaminant releases
during construction, maintenance, and operation of the pipeline. Primary
contaminants of concern are sediment and chemicals, particularly hydrocarbons,
associated with construction. Such contaminants could easily travel more than '/
P69
FERC MVP DEIS
DEQ 16-194F
Attachment A
Page 6
mile along these channels to downstream, receiving karst features, and in turn
contaminate subterranean habitats and karst aquifers that supply water to
springs and wells. The well and spring sampling protocol (see recommendation
2(e) of this section) should be revised and be based on the results of a robust
and thorough karst hydrology study. See the DCR comments in Attachment B for
additional information.
2) Modifications to Existing Recommendations in Section 5.2
a) Recommendation 5: Require MVP, LLC to provide information on new route
realignments or facility relocations, and staging areas, contractor yards, new
access roads, and other areas that have not been previously identified in filings
to DEQ and other entities responsible for permitting.
b) Recommendation 6(a): Incorporate the recommended mitigation measures in
Attachment A into the Implementation Plan for the MVP.
c) Recommendations 8, 25 and 26: Modify the recommendations to include DEQ
as an entity that will receive updated status reports, results, and plans.
d) Recommendation 26: Amend the recommendation to include the requirement
that MVP, LLC file site-specific plans for streams crossed by temporary roads,
including crossing methods (bridge or culvert), and for culvert crossings, culvert
sizes based on runoff calculations and time in place. Locations of fill sources,
temporary crossing restoration plans, and excess fill material disposal sites
should be identified.
e) Recommendations 25 and 39: Amend the recommendations to include a
requirement that MVP, LLC implement the following steps for a water monitoring
assessment to ensure an accurate understanding of the environmental
consequences related to karst resources as discussed in 4.3.1.2:
• Identify resurgence springs and other down gradient, connected
groundwater for karst areas crossed by MVP using dye tracing
methods
• Perform time -series monitoring of these features by using conductivity,
temperature, pressure, and turbidity probes
• Collect spot samples during base flow periods
• Evaluate turbidity response to precipitation events prior to, during, and
subsequent to construction
P70
FERC MVP DEIS
DEQ 16-194F
Attachment A
Page 7
Findings to support recommendation: DCR is concerned that the
proposed 500 -foot buffer for identifying water sources in karst terrain is not
adequate for identifying potential areas of impact as karst groundwater can
move miles in a day. The existing water monitoring proposal would make it
difficult to correlate impacts to the pipeline. Spot sampling of wells and
springs prior to and after construction is important but karst waters can be
dynamic. Depending on timing of sampling, results may or may not be
characteristic. See the DCR comments in Attachment B for additional
information.
f) Recommendation 41: Modify the recommendation to include state -listed
species and to require MVP, LLC to perform habitat assessments and/or species
surveys, with permits as needed, for those species listed in the Department of
Game and Inland Fisheries' (DGIF) detailed comments for which DGIF has not
provided specific guidance (Attachment B). Modify the recommendation to
require coordination with DGIF and DCR Division of Natural Heritage to ensure
avoidance and minimization of impacts upon listed species and their habitats
during project construction and long-term operation.
P71
FERC MVP DEIS
DEQ 16-194F
Attachment A
Page 8
Part II: Recommendations for Other Sections of the Supplemental or Final EIS,
Plans and Procedures
The Commonwealth of Virginia encourages FERC to incorporate the following
recommendations into appropriate sections of the supplemental or final EIS, plans and
procedures. To the extent practicable, the Commonwealth recommends that the Bureau
of Land Management and U.S. Forest Service also consider these recommendations to
the degree that they relate to decisions under their jurisdiction.
1) Route Changes and Variations
a) Canoe Cave Conservation Site
i) Recommendation: Avoid the Canoe Cave Conservation Site as part of
continuing efforts to evaluate route adjustments as stated on page 4-35
(paragraph 4). See comments from DCR in Attachment B for additional
information.
ii) Recommendation: Institute route variations to avoid the pipeline running
parallel along or upslope of belts of significant karst. Crossing these belts
perpendicularly to the geologic strike would minimize the effects of land
disturbance on the karst areas. See the DCR comments in Attachment B for
additional information.
iii) Recommendation: Ensure that MVP, LLC performs dye trace investigations
to determine the recharge area of Canoe Cave and associated spring and
consider route variations based on results since the proposed route and the
associated access road are within the conservation site for the significant
cave (see Figure 1 in the DCR comments in Attachment B). See the DCR
comments in Attachment B for additional information.
b) Mount Tabor Variation and Slussers Chapel Conservation Site
i) Recommendation: Reroute the portion of the Mount Tabor alternative to
avoid areas of concentrated water flow and associated erosion and
sedimentation. See the DCR comments in Attachment B for additional
information.
ii) Recommendation: Continue to evaluate alternatives in search of one that
minimizes proximity to karst features and drainages associated with the
Slussers Chapel Conservation Site.
P72
FERC MVP DEIS
DEQ 16-194F
Attachment A
Page 9
Findings to support recommendation: The Mount Tabor reroute moves the
proposed section of the pipeline through the Slussers Chapel Conservation
site, off of karst bedrock and the Mount Tabor sinkhole plain, onto non -
carbonate rocks just to the north. However, the Mount Tabor alternative
crosses five deeply incised stream channels (some intermittent, others
perennial) immediately upstream of the contact with the karst of the Slussers
Chapel Conservation Site. Based on recent studies, all but one of the
sinkpoints downstream of the indicated stream crossing have been traced
directly to the stream in Slussers Chapel and Mill Creek Cave and spring (see
Figure 2 in the DCR comment letter). The remaining sinkpoint is expected to
trace to Slussers Chapel as well, since it is within the watershed boundary as
defined by the other traces. The current MVP route as proposed has a high
potential to alter the hydrology of the Slussers Chapel -Mill Creek Cave
system, and impact downstream surface waters as well. Construction in
these streams is likely to produce erosion issues that will persist well beyond
the construction period. See the DCR comments in Attachment B for
additional information.
iii) Recommendation: Eliminate crossings on alignment sheet 27 by rerouting
the pipeline in this area and change the route to avoid disturbance to active
stream channels that lead to discrete inputs (swallets) of the Slussers Chapel
— Mill Creek system. Obtain updated data on the thundercroft fissure. See the
DCR comments in Attachment B for additional information.
c) Mill Creek Springs Natural Area Preserve
Recommendation: Change the proposed route to include a variation that
avoids the Mill Creek Springs Natural Area Preserve also known as the Blake
Preserve since proposed activities would violate the terms of the deed of
dedication and open space easement. When modifying the route to avoid the
preserve, consider all alternatives in determining the least environmentally
impactful pipeline route including impacts to karst. See the DCR comments in
Attachment B for additional information.
d) DCR Conservation Areas
i) Recommendation: Change the proposed route to include variations that
avoid the following conservation areas (see the DCR comments in
Attachment B for additional information):
• Roanoke River -North and South Forks Stream Conservation Unit
• Stony Creek Stream Conservation Unit
• Clover Hollow Conservation Site
P73
FERC MVP DEIS
DEQ 16-194F
Attachment A
Page 10
• Craig Creek Stream Conservation Unit
• Canoe Cave Conservation Site
• Old Mill Conservation Site
• Kimballton Quarry (access roads)
e) Surface Waters
i) Recommendation: Incorporate recommendations from DEQ to evaluate
rerouting and, where not practicable, utilize enhanced ESC practices and
increased inspections during construction activities. See the DEQ comments
in Attachment B for detailed information.
0 Wildlife Resources
i) Recommendation: Consider the long-term impacts of forest fragmentation
and to minimize them to the greatest extent possible by co -locating the
pipeline within already -disturbed utility corridors and early successional
habitats. See the DGIF comments in Attachment B.
g) Aviation
i) Recommendation: Consider impacts to the Roanoke -Blacksburg Regional
Airport and the Smith Mountain Lake Airport if variations or route changes are
proposed for areas north of the current alignment. See the Virginia
Department of Aviation (DOAV) comments in Attachment B.
2) Recommendations for Preconstruction Planning, Surveys and Studies
a) Surface Water and Groundwater Resources
I) Recommendation: Include an inventory of locations of private ponds relative
to the pipe and road network. Locate road and pipe crossings down gradient
of private ponds to the maximum extent possible and develop enhanced ESC
measures to protect ponds from secondary impacts of construction where
route alignments are not possible. See the DEQ comments in Attachment B.
ii) Recommendation: Provide details regarding material to be used and
installation methods for all temporary culverts and temporary fill in
waterbodies and wetlands for permanent and temporary access roads,
including methods proposed to stabilize fill material. Include a detailed
analysis of all alternatives relative to the use of culverts and temporary fill,
such as relocations and bridges, to reduce both permanent and temporary
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waterbody impacts. See the DEQ comments in Attachment B.
d) Infrastructure Conflicts
Recommendation: Consider the Town of Rocky Mount's concerns about the
proximity of the MVP to the town's drinking water plant as prevailing winds
tend to blow south and the pipeline would be within 2,000 feet of the facility at
its closest point. To limit the duration of any nearby emergency that would
affect the drinking water facility or State Route 220 corridor, the Town of
Rocky Mount recommends that additional mainline block valves be installed
in the vicinity. See the comments from the Town of Rocky Mount in
Attachment B for additional information.
ii) Recommendation: Consider the impact of pipeline construction to planned
infrastructure activities in the Town of Rocky Mount and include coordination
with the Western Virginia Water Authority (WVWA) as a requirement to
mitigate potential conflicts. See the comments from the Town of Rocky Mount
in Attachment B for additional information.
c) Karst Resources
i) Recommendation: Incorporate location -specific recommendations from DCR
to protect karst resources. See the DCR comments in Attachment B for
locations and associated recommendations and hydrological studies.
d) Wildlife Resources
i) Recommendation: Update preconstruction requirements to include
recommendations for mussel surveys (see the DGIF comments in Attachment
B):
• If any work is proposed in streams known to support listed mussels, or in
their perennial tributaries, perform a mussel survey and relocation from
100 meters upstream through 400 meters downstream of impact areas.
This survey should be performed by a qualified, permitted biologist,
preferably no more than six months prior to the start of construction.
• Ensure that all survey and relocation activities should adhere to draft
guidance (attached to DGIF's detailed comments in Attachment B).
• Coordinate any relocations should be coordinated with DGIF.
• Coordinate with the U.S. Fish and Wildlife Service prior to relocating
federally listed species.
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Submit survey results to DGIF. Upon review of the results, DGIF will make
final recommendations regarding the protection of listed species known
from the area.
• Coordinate with the U.S. Fish and Wildlife Service.
ii) Recommendation: Include all habitat survey results for the bog turtle. Due to
access restrictions, habitat assessments are not complete and surveying
continues. See the DGIF comments in Attachment B.
iii) Recommendation: Adhere to time -of -year restrictions for all instream work
as described in Part II items 3(c)(iii) and 3(e)(ii). See the DGIF comments in
Attachment B for additional information.
e) Contaminated Soil, Sediment and Groundwater
Recommendation: Add clarification that soil or sediment that is suspected of
contamination should be addressed by the six -stage response plan as
referenced in Section 4.2.2.2 in addition to the Unanticipated Discovery of
Contamination Plan and in accordance with all applicable federal, state, and
local laws and regulations. See the DEQ comments in Attachment B.
ii) Recommendation: Incorporate more specific measures, including
coordination with appropriate regulatory agencies, to manage groundwater
suspected of contamination or discovery of any brine pit as referenced in
section 4.3.1.2. Ensure that the Environmental Inspectors (Els) complete
more specific training and use proper field equipment for contamination
analyses. See the DEQ comments in Attachment B.
t) Recreational and Scenic Resources
i) Recommendation: Include coordination with the DCR Division of Planning
and Recreational Resources since the route easement could offer connection
to regional and local trail systems. See the DCR comments in Attachment B
for additional information.
g) Virginia Outdoor Foundation Easements
i) Recommendation: Incorporate accurate impacts to easements owned by the
Virginia Outdoors Foundation (VOF) and identify future coordination with the
VOF Board of Trustees as a requirement pursuant to the Code of Virginia
§10.1-1704 as applicable.
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h) Geologic and Mineral Resources
i) Recommendation: Incorporate information to address analytical deficiencies
identified by the Department of Mines, Minerals and Energy (DMME) in
Attachment B by including impacts to undeveloped mineral resources with
potential economic value and addressing the potential for acid drainage from
the coal -bearing strata of the Price Formation and potential debris flows at
slopes as low as approximately 5%.
i) Pollution Prevention
i) Recommendation: Include additional information on reuse, recycling and
pollution prevention as identified below by the DEQ Office of Pollution
Prevention (see comments in Attachment B).
• Consider the development of an effective Environmental Management
System (EMS). An effective EMS will ensure that the proposed project is
committed to complying with environmental regulations, reducing risk,
minimizing environmental impacts, setting environmental goals, and achieving
improvements in its environmental performance. DEQ offers EMS
development assistance and recognizes facilities with effective Environmental
Management Systems through its Virginia Environmental Excellence Program
(VEEP). VEEP provides recognition, annual permit fee discounts, and the
possibility for alternative compliance methods.
• Consider reuse and recycling opportunities when evaluating waste handling,
including asphalt recycling (Section 2.4.2.12, p. 2-47), mulching of brush and
timber (Section 2.4.2.2, p. 2-38) and water reuse opportunities (p. 4-101).
• Consider contractors' commitment to the environment when choosing
contractors. Specifications regarding raw materials and construction
practices can be included in contract documents and requests for proposals.
• Choose sustainable materials and practices for construction and design,
including the use of native species and pollinators when re-establishing
vegetation (Section 2.3.4, p. 2-28).
• Integrate pollution prevention techniques into maintenance and operation.
• Encourage supply chain partners to implement pollution prevention,
sustainability, and environmental management systems.
• Coordinate with the DEQ Office of Pollution Prevention for additional
information and technical assistance relating to pollution prevention
techniques and EMS.
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j) Aviation
i) Recommendation: Ensure that the design of above -ground facilities does
not interfere with pilots' safe ingress and egress at nearby airports at their
existing configuration and with planned improvements and runway expansion.
See the DOAV comments in Attachment B for additional information.
k) Drinking Water Resources
Q Recommendation: Follow recommendations from the Virginia Department of
Health (VDH) to protect drinking water sources (private wells, springs,
cisterns and public water supplies), conduct a survey of onsite sewage
systems and private wells in relation to the pipeline route to determine
potential impacts, and coordinate with VDH Office of Environmental Health
Services (see the VDH comments in Attachment B).
1) Rare Plants
i) Recommendation: Conduct surveys for the following non -listed state and
globally rare plants that are tracked by DCR and that were not included in the
previous rare plant surveys for the project (see the DCR comments in
Attachment B):
• Chestnut lip fern (Cheilanthes castanea, G5?/S2/NL/NL) — Ellison Quad
• Piedmont fameflower (Phemeranthus piedmontanus, G1/S1/NL/NL)—
Boone's Mill Quad
• Weak bluegrass (Poa saltuensis, G5/S2/NL/NL) — Penhook Quad
• Prairie dropseed (Sporobolus heterolepis, G5/S1/NL/NL) — Penhook Quad
3) Mitigation Measures for Construction and Maintenance Activities
a) Wetlands and Surface Waters
i) Recommendation: Include temporary wetland impact soil handling
requirements as detailed in the DEQ comments in attachment B. During
trench excavation in all wetlands, saturated or unsaturated, segregate the
upper 12 -inches of the soil profile as "wetland topsoil" from the underlying
subsoil, store the wetland topsoil in a soil stockpile separate from other soil
materials, and upon closing the trench, use the wetland topsoil to fill the upper
12 -inches of the trench to reconstruct the wetland soil profile. Restore
temporarily disturbed wetland areas to pre-existing conditions within 30 days
of completing work at each respective temporary impact area, including
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reestablishing preconstruction elevations and contours with topsoil from the
impact area and planting or seeding with appropriate wetland vegetation
according to pre -disturbance cover type.
ii) Recommendation: Incorporate recommendations for additional information
and clarification to enable sufficient analysis of surface water resources (see
the DEQ comments in Attachment B for a list).
b) Hydrostatic Testing
Recommendation: Identify a more suitable location for the discharge that is
currently proposed to Craig Creek at Milepost 219.5 since the discharge
contradicts a requirement of the FERC Wetland and Waterbody Construction
and Mitigation Procedures not to discharge into waterbodies which provide
habitat for federally listed threatened or endangered species without
appropriate permissions. Provide clarification and correction to Table 4.3.2-10
and associated portions of the EIS as identified by DEQ in its comments in
Attachment B.
c) Stream Crossings
i) Recommendation: Incorporate the following Virginia Marine Resources
Commission (VMRC) recommendations, which are standard instream permit
conditions, for jurisdictional stream crossings since the project will require a
Subaqueous Lands Permit pursuant to the Code of Virginia § 28.2-1204 (see
the VMRC comments in Attachment B):
A "frac-out' contingency plan must be provided for any crossings utilizing
the directional drill method to address potential frac-outs or related spills
associated with any directional drilling activities.
In an effort to minimize adverse impacts to threatened and endangered
fish and mussel species, instream surveys and species relocations may
be required. No instream construction shall be conducted during any
recommended time -of -year restrictions of any year unless waived by DGIF
in writing.
The instream construction activities shall be accomplished during low flow
periods utilizing darn and pump, flume around or within cofferdams
constructed of nonerodible materials in such a manner that no more than
half the width of the waterway is obstructed at any point in time. All areas
of state-owned bottom and adjacent lands disturbed by this activity shall
be restored to their original contours and natural conditions within thirty
(30) days from the date of completion of the authorized work. All excess
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materials shall be removed to an upland site and contained in such a
manner to prevent its reentry into state waters.
• Erosion and sediment control measures shall be in conformance with the
1992 Third Edition of the Virginia Erosion and Sediment Control Handbook
and shall be employed throughout construction.
• If it is determined that blasting is necessary at any of the crossings, DGIF
shall be notified a minimum of 48 hours in advance of the blasting.
• The DCR shall be contacted for any stream crossings where karst
landscape features are encountered during installation.
• DGIF shall be contacted for any work in trout waters to avoid conflicts with
trout stocking activities.
ii) Recommendation: Include a table citing recommendations identified by the
DEIS or by state agency correspondence to protect freshwater aquatic
resources at each of the VMRC jurisdictional stream crossings and the
applicant's intention of following those recommendations. See the VMRC
comments in Attachment B for additional information.
iii) Recommendation: Adhere to the following time -of -year restrictions for all
instream work (see the DGIF comments in Attachment B for additional
information):
• From May 15 through July 31 of any year in waters known to or
anticipated to support Atlantic pigtoes
• From March 15 through May 31 and August 15 through October 15 of any
year in waters known to or anticipated to support dwarf wedgemussels
• From April 15 through June 15 and August 15 through September 30 of
any year for waters known to or anticipated to support green floaters
• From March 15 through June 30 of any year in waters known to support
Roanoke logperch or their tributaries
iv) Recommendation: Include a directive that when MVP, LLC coordinates with
DGIF, the applicant must provide a stream/wetland crossing table that
includes information in the list below, so that agencies may make clear
recommendations, as appropriate, about any given stream or wetland
crossing:
• Latitude/longitude coordinates for each crossing site
• Name of stream being crossed
• Type of stream being crossed (perennial, intermittent)
• Description of the substrate in the stream at each crossing
• Depth and width of stream at crossing
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Photographs of each crossing site (including up and downstream
photographs)
A map depicting each crossing site and that is referenced to the stream
crossing table
d) Forest Resources
I) Recommendation: Incorporate the following recommendations to mitigate
the impacts of forest fragmentation on biodiversity (see the Department of
Forestry (DOF) comments in Attachment B):
Keep right-of-way clearing to the minimum width necessary to prevent
interference from trees and other vegetation.
Establish herbaceous species and shrubs or some low -growing trees that
are considered desirable ground cover and valuable wildlife habitat along
the right-of-way in the project's vegetation management and revegetation
plan.
Maintain a scrub habitat, dominated by low growing, bushy vegetation and
young trees, which is preferable to mowing in forest habitats. It can
provide quality habitat for wildlife species that are dependent on early
successional habitat (birds, reptiles, and amphibians).
ii) Recommendation: Incorporate the following best management activities to
protect forest resources (see the DOF comments in Attachment B):
• Restore contours to pre -construction conditions and controlling erosion
until re -vegetation stabilizes the disturbed areas.
• Restore vegetation to native species and protecting the natural functions
of the pre -construction ecosystem.
• Use machinery where feasible, that when combined (example: earth
mover and cart) weigh less than 10 tons per axle. Research has shown
that this will help alleviate compaction to the top 6-8 inches of soil where it
can be more easily addressed. Combination vehicles weighing more than
10 tons can create compaction as deep as 3 feet which is very difficult to
mitigate.
• Minimize traffic lanes for transporting cleared timber from the site.
• Follow Forestry Best Management Practices (BMPs) for water quality as
outlined by the Virginia Department of Forestry's Voluntary BMP
Guidelines publication for all harvesting operations.
• Stock pile soil away from trees that are to remain standing. Piling soil at a
tree stem can kill the root system of the tree. Soil stockpiles should be
covered, as well, to prevent soil erosion and fugitive dust.
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Retain existing groupings and/or clusters of trees and natural vegetation
on the sites of the support facilities, where feasible, to provide aesthetic
and environmental benefits, as well as reducing future open space
maintenance costs.
e) Wildlife Resources
i) Recommendation: Incorporate the following construction mitigation
recommendations to protect wildlife resources (see the DGIF comments in
Attachment B for additional information):
Review the Virginia Wildlife Action Plan (available through
www.bewildvirginia.org) to determine what threats are known to these
species, what suitable habitat for these species consists of and how to
best protect them and their habitats from harm.
Conduct any in -stream activities, whether resulting in permanent or
temporary impacts, during low or no -flow conditions, using non -erodible
cofferdams or turbidity curtains to isolate the construction area, blocking
no more than 50% of the streamflow at any given time, stockpiling
excavated material in a manner that prevents reentry into the stream,
restoring original streambed and streambank contours, revegetating
barren areas with native vegetation, and implementing strict erosion and
sediment control measures.
• To minimize harm to the aquatic environment and its residents resulting
from use of the Tremie method to install concrete, installation of grout
bags, and traditional pouring of concrete, ensure that such activities occur
only in the dry, allowing all concrete to harden and cure prior to contact
with open water.
• Due to future maintenance costs associated with culverts, and the loss of
riparian and aquatic habitat, construct stream crossings via clear -span
bridges. However, if this is not possible, countersink any culverts below
the streambed at least 6 inches, or use of bottomless culverts, to allow
passage of aquatic organisms.
• Install floodplain culverts to carry bankfull discharges.
• The use of directional drill, aerial crossing, or other methods that avoid
impacts upon streams, wetlands, and other unique natural resources is
preferable when practicable.
• Due to recent examples of frac-outs leading to bentonite mud spills
resulting from the directional drill method, perform geotechnical analysis of
all proposed sites for directional drills and closely review it to ensure that
the sites are suited for such a crossing method. Depending on the
sensitivity of any given stream, it may be preferable to trench crossings
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that adhere to DGIF's instream work recommendations or any
recommendations made for the protection of listed species and/or
designated wildlife resources.
If a directional drill is the chosen method, develop a contingency/clean-up
plan to address frac-outs and/or spills.
To minimize the adverse impacts of linear utility project development on
wildlife resources, avoid and minimize impacts to undisturbed forest,
wetlands, and streams to the fullest extent practicable; maintain naturally
vegetated buffers of at least 100 feet in width around wetlands and on
both sides of perennial and intermittent streams, where practicable;
conduct significant tree removal and ground clearing activities outside of
the primary songbird nesting season of March 15 through August 15; and,
implement and maintain appropriate erosion and sediment controls
throughout project construction and site restoration.
ii) Recommendation: Incorporate the following recommendations to protect
designated trout streams, which are ecologically and economically significant
resources in Virginia (see the DGIF comments in Attachment B):
Adhere to the following time -of -year restrictions for all instream work:
o From October 1 through March 31 of any year within Bottom Creek
and all tributaries in Roanoke and Montgomery Counties (brook
trout), Little Stony Creek in Giles County (brook trout), Green Creek
in Franklin County (brown trout), Mill Creek (brown trout) and
o From March 15 through May 15 of any year within Little Stony
Creek in Giles County (rainbow trout).
Coordinate with DGIF to ensure avoidance of stocking and/or angling
activities in Little Stony Creek in Giles County during project construction
and long-term operation.
iii) Recommendation: Incorporate the consideration of impacts upon state -
listed endangered bat (tri -colored bat and little brown bats) that may result
from construction activities and coordinate with DGIF if the surveys indicate
that the species are roosting along the proposed pipeline corridor. See the
DGIF comments in Attachment B for additional information.
iv) Recommendation: Include an analysis of possible impacts to timber
rattlesnakes and directives that construction workers are provided educational
training in coordination with DGIF (see Attachment B).
v) Recommendation: Ensure that construction activities, including but not
limited to vegetation clearing, do not take place during the customary time -of -
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year restrictions within suitable loggerhead shrike habitat until outstanding
issues related to nest occupancy surveys can be clarified to DGIF's
satisfaction (see Attachment B).
t) Erosion and Sediment Control
Q Recommendation: To the degree that it is consistent with Virginia Erosion
and Sediment Control Law and regulations, require the Wildlife Habitat
Council, FERC and MVP, LLC's project -specific Erosion and Sediment
Control Plans to meet or exceed DOF best management practices (BMPs)
where appropriate (see the DOF comments in Attachment B).
ii) Recommendation: To the degree that it is consistent with Virginia Erosion
and Sediment Control Law and regulations, incorporate detailed comments
from the Department of Conservation and Recreation (DCR) regarding
proposed seed mixes and ensure that recommended seed mixtures include
seeds of native plants and, to the degree practicable, do not contain any
species listed on the Virginia DCR Invasive Plant Species List. See the DCR
comments in Attachment B for additional information.
g) Right -of -Way Maintenance
i) Recommendation: Include a robust monitoring and adaptive management
plan as part of right-of-way maintenance to provide guidance if initial
revegetation efforts are unsuccessful or if invasive species outbreaks occur.
See the DCR comments in Attachment B for additional information.
ii) Recommendation: Include maintenance of vegetation using annual mowing
in the non -growing season between October 15 and April 1 and minimal to no
use of chemicals, especially in sensitive areas with documented natural
heritage resources. See the DCR comments in Attachment B for additional
information.
h) Government -Funded Best Management Practices
i) Recommendation: Ensure any impacted BMPs along the route (see map
attached to the DCR comments in Attachment B) be reinstalled or relocated.
Examples of BMPs include livestock fences and stream crossings re -erected,
watering systems relocated, cover crops reimbursed to the farmers, and
disturbed areas re -vegetated.
ii) Recommendation: Add a recommendation for MVP, LLC to coordinate with
the DCR Division of Soil and Water Conservation on tree loss associated with
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impacted BMPs on a case-by-case basis (see the DCR comments in
Attachment B for contact information).
iii) Recommendation: For segments of the MVP that cross TMDL
Implementation Planning (IP) watersheds, where implementation has already
occurred, incorporate a requirement that MVP, LLC replace BMPs such as
livestock exclusion and riparian buffers if they need to be destroyed or have
funds allocated to replace the BMPs nearby (see the DEQ comments in
Attachment B). This recommendation affects the following IP watersheds:
• Four watersheds of the Blackwater River (Upper, Middle, North Fork and
South Fork) IP
• Two watersheds of the Lower Blackwater River, Maggodee and Gills
Creek IP
• One watershed of the Pigg River and Old Womans Creek Watersheds IP
and
• Two watersheds of the Upper Banister River and Tributaries IP
i) Open Burning and Fugitive Dust
i) Recommendation: Include requirements that open burning is allowed only in
accordance with 9VAC20-81-95 of the Virginia Solid Waste Management
Regulations (VSWMR) and localities should be consulted since they may
have additional open burning restrictions. See the DEQ comments in
Attachment B.
ii) Recommendation: Include requirements that construction activities
associated with the MVP are subject to the Air Pollution Control Regulations
regarding open burning (9 VAC 5-130 et seq.) and fugitive dust (9 VAC 5 -50-
60 et seq.) and that the project would be subject to any applicable existing
source regulations related to the southern part of Roanoke County, which is a
volatile organic compound (VOC) and nitrogen oxide (NOx) emissions control
area. See the DEQ comments in Attachment B.
iii) Recommendation: Include a recommendation that MVP, LLC mitigate
construction -related air emissions through the use of construction equipment
that releases cleaner emissions. See the DEQ comments in Attachment B.
j) Aviation
i) Recommendation: Include potential impacts on aviation facilities and
operations as identified by DOAV in Attachment B to ensure airport safety
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and identify implementation of applicable requirements:
• The design of above -ground facilities must not interfere with pilots' safe
ingress and egress at nearby airports at their existing configuration and
with planned improvements and runway expansion.
• Activities at the project site should not pose a hazard or impediment to
pilots using the airport. Hazards or impediments in design and operations
include interference with navigation and communication equipment,
interference with existing and planned approach procedures for all aircraft
published for or by the airport, glare from building materials and external
lights, and generation of dust or like particles.
• Construction activity in the vicinity of an airport, especially involving heavy
equipment, must be in compliance with FAA Advisory Circular 150/5370-
2E Operational Safety on Airports During Construction.
• To ensure that the proposed construction would not create a hazard to air
navigation, the applicant should confirm with FAA that Part 77 safety
areas, especially the horizontal surface, are not penetrated through the
filing of Form7460-1. See the DOAV comments in Attachment B.
4) Recommendations for Specific Plans
a) Spill Prevention Controls and Countermeasures (SPCC) and Emergency
Response Plan
i) Recommendation: Update the emergency response plan (SPCC and
Unanticipated Discovery of Contamination Plan for Construction Activities in
Virginia) to include the results of dye tracing investigations performed where
the pipeline runs across or above karst in the unlikely event that contaminants
enter a karst feature. See the DCR comments in Attachment B for additional
information as well as an example of how appropriate studies and planning
could have prevented contamination of public water supplies from a fuel spill
at a natural gas pipeline construction project.
ii) Recommendation: Update the SPCC with correct information, including
replacing existing contact information with the Virginia Department of
Emergency Management 24-hour notification number, and clarification as
provided by DEQ (comments in Attachment B) that includes, but is not limited
to, the following:
SPCC applicability includes facilities with total oil storage capacity of 1,320
gallons or greater and containers storing 55 gallons or more of oil. The
SPCC and Tables 2-5A and 2-513 include inaccurate statements. Ancillary
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oil storage in other areas of the facility, such as stored fuel, stored
lubrication oil, and oil -filled equipment, are also to be included in
aggregate storage calculations.
A professional engineer must certify the SPCC as required by 40 CFR
§112.3(d)(1)(iii).
Spills 25 gallons or greater must be reported immediately.
b) Migratory Bird Conservation Plan
i) Recommendation: Update the Migratory Bird Conservation Plan to include
the following (see the DGIF comments in Attachment B):
• Conduct an updated analysis, substituting the top two tiers of DGIF
Species of Greatest Conservation Need (SGCN) found in DGIF's Wildlife
Action Plan for selection of priority species for this project.
• Include the American Woodcock, which was excluded from the SGCN list
in the DEIS.
• Ensure that the plan place greater emphasis on the following species:
o Golden -winged warbler
o Cerulean warbler
o Swainson's warbler
o Black -billed cuckoo
o Northern saw -whet owl
o Loggerhead shrike
o Peregrine falcon
• Clarify the timing and methodology of nest occupancy surveys for the
state -listed Loggerhead Shrike when clearing cannot be completed prior to
nesting season.
• Coordinate with DGIF prior to all occupancy surveys to ensure surveys will
be conducted according to DGIF protocols.
• Continue coordination with DGIF regarding assessments of potentially
suitable habitat for the Loggerhead Shrike since the proposed route
continues to be refined.
• To help minimize potential impact to nesting falcons, prior to all blasting
work, coordinate the proposed location and timing of blasting activities in
Virginia with DGIF. Loud blasting during construction could have impacts
to nesting falcons, including flushing an incubating falcon from the nest,
which could cause egg damage.
• Continue coordination with DGIF and the U.S. Fish and Wildlife Service
regarding protection of bald eagle nests and golden eagles during project
construction and long-term operation.
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c) Exotic and Invasive Species Control Plan
i) Recommendation: Update the Exotic and Invasive Species Control Plan with
the following mitigation recommendations from state agencies (see comments
from DCR, DGIF and DOF in Attachment B for additional information):
• Consider the likely response of invasive species or target species when
prescribing activities that result in soil disturbance or increased sunlight.
• During construction and follow-on maintenance activities, take steps to
guard against construction vehicles inadvertently bringing into forest
interiors invasive and/or non-native plant species from other locations.
Weed seed and fungal spores can be transported in the mud or dirt on
vehicles. Prior to moving equipment onto and off of an activity area,
scrape or brush soil and debris from exterior surfaces, to the extent
practical, to minimize the movement of invasive plants, pests and
diseases to non -infested areas. Another option is to wash vehicles before
they enter a weed -free area or when they leave an infested area. The
emphasis of the cleaning should be in the wheels, wheel wells, bumpers,
and undercarriage of the vehicle where most mud and dirt collects.
• If seeding or planting is necessary to minimize the threat of highly
damaging invasive species from spreading, use native seed or non-
invasive cover plants for revegetation.
• Conduct all site restoration for the following scenic and recreational
resources with native plant species to restore the scenic value of the
affected resources to the greatest extent possible:
o Stony Creek Road and Route 42 in Giles County
o Catawba Road in Montgomery County
o Pigg River in Pittsylvania County
• Verify the locations of the invasive species identified in Table 4.4 1-4 of
the DEIS as "unknown" for incorporation in the invasive species
management plan.
• Implement the invasive species plan for the lifespan of the project as part
of the right-of-way maintenance since invasive species outbreaks can
occur any time during and after construction.
• Include a more robust and comprehensive invasive species control plan
that fully addresses decontamination of construction machinery used
during stream crossings and disinfection of personal gear worn by workers
(e.g., boots, waders, etc.) to ensure that aquatic invasive species known
from West Virginia are contained (e.g., zebra mussels, dydimo, hydrilla,
etc.) and are prevented from spreading into Virginia waters.
• Direct MVP, LLC to coordinate with DGIF (see DGIF's detailed comments)
for guidance.
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d) Fire Prevention and Suppression Plan
I) Recommendation: Update the MVP Fire Prevention and Suppression Plan
to meet or exceed DOF fire prevention and suppression guidelines, add
adherence to the plan as a condition of the FERC order (if approved) from the
Commission, and require MVP, LLC to consult with DOF to ensure that the
plan meets DOF's guidelines. See the DOF comments for details in
Attachment B.
e) Plans for the Management of Waste and Contaminated Soil, Sediment and
Groundwater
I) Recommendation: Include a Waste and Debris Management Plan. The plan
should address how all excess material and debris will be managed in
accordance with all applicable federal, state, and local laws and regulations.
See the DEQ comments in Attachment B.
ii) Recommendation: Include the Unanticipated Discovery of Contamination
Plan only under Appendix A in the SPCC and revise it with corrections and
recommendations as identified by DEQ in its comments in Attachment B.
f) Plan for Discovery of Unanticipated Paleontological Resources
I) Recommendation: Update the Plan for Discovery of Unanticipated
Paleontological Resources to consider the potential for encountering Tertiary
or Quaternary vertebrate and plant fossils in unconsolidated (non -bedrock)
deposits. See the DMME comments in Attachment B.
g) Blasting Plan
I) Recommendation: Update the blasting plan to reflect DGIF's requests for
notifications and accurate DMME permitting and notification requirements.
See DGIF and DMME comments in Attachment B.
h) Karst Mitigation Plan
I) Recommendation: Incorporate existing and new dye trace information into
the plan to determine flow direction to support recovery efforts after a spill and
correct errors identified in the DCR comments in Attachment B.
P89
FERC MVP DEIS
DEQ 16-194F
Attachment A
Page 26
i) Traffic and Transportation Management Plan
i) Recommendation: Incorporate recommendations from the Virginia
Department of Transportation and ensure that the plan identifies the need for
appropriate work zone and traffic control plans, permits and coordination (see
the VDOT comments in Attachment B).
5) Comments for the Bureau of Land Management and U.S. Forest Service
a) Recommendation: Consider the Town of Blacksburg's comments and
associated recommendations detailed in the town's resolutions (attached) that
were passed on November 8, 2016, expressing opposition to the proposed
amendments to the Jefferson National Forest Revised Land and Resource
Management Plan (LRMP). See the comments from the Town of Blacksburg in
Attachment B.
6) Errors in the EIS
a) Recommendation: Update the Supplemental of Final EIS with correct
information as identified by DGIF, DCR, DEQ, DMME and DOF in Attachment B.
b) Recommendation: Incorporate corrections and project changes, such as the
proposed use of municipal water supply sources instead of surface water
withdrawals, identified in a November 17, 2016, letter from MVP, LLC (see
Attachment B) that was submitted to DEQ after its commenting deadline request
and conduct sufficient analysis on the changes.
P90
PITTSYLVANIA COUNTY
VIRGINIA
Otis Hawker, Interim
County Administrator o ��
P.O. Box 426 a
Chatham, Virginia 24531 ;� N
e-mail: Otis.hawker@pittgov.org � 1767
To: Otis S. Hawker, Assistant County Administrator
From: Pete Boswell., Chief Animal Control Officer
Date: December 28, 2016 Subject: Animal Control Activity Report
Phone (434) 432-7710
Fax (434)432-7714
Gretna/Hurt (434) 656-6211
During the period of November 30. 2016, through December 31. 2016, the Animal Control Officers
responded to 208 calls; and 101 follow up calls as per Pete Boswell, Chief Animal Control Officer,
resulting in the following:
Description
Number
Remarks
Animals taken into custody:
70
Dogs
32
Cats
35
Other
3
3- OPOSSUMS
Animals on hand at month end
7
Animals dispatched
7
Licenses checked
51
Court cases
0
Summons
16
Animals Adopted
5
Animals returned to owners
11
Cats taken to the Humane Society
34
Animals Transferred
18
7-FCHS 11-ARSPCA
Injured animals picked up
3
Animals found in traps
36
Exposures: Human/Saliva
0
Exposures: Dogs/Cats/Wildlife
0
Dog Bites
5
Cat Bites
1
Cruelty Checks
7
Well-being Checks
27
Cat/Dog Fights
5
Investigated killings by dogs/cats
3
Investigate killings by Coyotes
0
It you have any questions concerning this, please do not hesitate to contact me.
P91
PITTSYLVANIA COUNTY
Otis Hawker, Interim
County Administrator
P.O. Box 426
Chatham, Virginia 24531
e-mail: otis.hawket@pittgov.org
VIRGINIA
MEMORANDUM
To: Otis S. Hawker, Assistant County Administrator
From: Pete Boswell., Chief Animal Control Officer
Date: December 28, 2016
Subject: Conservators of the Peace
Solid Waste Monitoring Report
Phone (434) 432-7710
Fax (434) 432-7714
Gretna/Hurt (434) 656-6211
The Animal Control Officers whom have been appointed to the position of Conservators of the Peace
monitoring solid waste sites in Pittsylvania County, as per Pete Boswell, Chief Animal Control Officer,
for the period of July 27, 2016 through, August 31,2016
Description
Number
Remarks
7.5HRS
Total hours monitored
46
Vehicles entering sites
8
Vehicles checked
0
Summons' issued
0
Court Cases
0
Convictions
If you have any questions concerning this, please do not hesitate to contact me.
P92
PITTSYLVANIA COUNTY
VIRGINIA
Darrell W. Dalton, Director of Buildings &
Properties o
Building & Grounds Department a
51 N. Main St. u o
P.O. Box 426
Chatham, Virginia 24531 t 7ri' P
E-mail: darrell.dalton@pittgov.org �RG1
MEMORANDUM
To: Otis S. Hawker, Assistant County Administrator
Phone (434) 432-1768
Fax (434) 432-7714
Gretna/Hurt (434) 656-6211
Bachelors Hall/Whitmell (434) 797-9550
From: Kaylyn McCluster, Administrative Assistant III, County Administration*�q"�CS� )&1 -
Date: December 29, 2016
Subject: COMPLETED WORK ORDERS - DECEMBER 2016
Attached please find a listing, by department, of completed work orders for the month of
December. This list does not reflect work orders in progress but not yet completed, actual
expenses incurred, or routine maintenance necessary for the smooth operation of the County
facilities. However, it does reflect the total number of man-hours.
Presently, there are approximately 26 work orders still outstanding
If you have any questions concerning this, please do not hesitate to contact me.
ICM
Attachment
cc: David Smitherman, County Administrator
Darrell W. Dalton, Superintendent of Building & Grounds
P93
DUILUm" a UMUUNUD rvirmv 1 ovr�rv�.c
WORK ORDERS COMPLETED FOR MONTH OF DECEMBER 2016
NO. W10 MAN-HOURS
ANIMAil, CONTROL
ARMORY
A S C S / EXTENSION / USDA -FSA
BOARD OF SUPERVISORS
BUILDING & GROUNDS
1
4
BUILDING[NSPECTIONS
CAPTAIN MARTIN BLDG
1
I
CENTRAL ACCOUTING
CENTRAL PURCHASING
CIRCUIT COURT
1
I
CLERK OF COURT
CODE COMPLIANCE (PLANNING COMMISSSION & ZONING)
3
5
COMMISSIONER OF REVENUE
1
2
COMMONWEALTH ATTORNEY
2
1
COMPACTOR SITE
2
4
COUNTY ADMINISTRATOR AND ASST. COUNTY ADMIN.
I
I
COUNTY ATTORNEY
COURTHOUSE (1968 ANNEX)
COURTHOUSE (EDWIN R. SHIELDS)
CSA-CPMB
DEPOT BUILDING
EMERGENCY 911 FACILITY
2
3
ENVIRONMENTAL HEALTH
FINANCE
FIRE MARSHAL
GENERAL DISTRICT COURT
3
4
GRANTS ADMINISTRATION
HEALTH DEPARTMENT
1
I
HUMAN RESOURCES
HUMAN SERVICES FACILITY
INDUSTRIAL PARKS
INFORMATION TECHNOLOGY
JAIL
107
52
JUVENILE & DOMESTIC COURT
2
2
JUVENILE & DOMESTIC COURT SERVICES UNIT
I
I
LANDFILL
LIBRARY
1
4
LITERACY
MAGISTRATE
MOSES BUILDING
OLD DOMINION AG. COMPLEX
PCED BUILDING
PURCHASING
REASSESSMENT
1
I
RECREATION. RAILrTRAIL & WAYSIDE PARK
RECREATIONAL
REGISTRAR -VOTING PRECINCTS
2
3
SHERIFF
2
3
SOCIAL SERVICES
TREASURER
1
2
VICTIM WITNESS
OTHER: 4380 BERRY HILL RD
RINGGOLD DEPOT
CALLANDS CLERKS OFFICE
OLD BLAIRS SCHOOL
DAN RIVER MIDDLE SCHOOL TOWER
KENTUCK WALKING TRAIL
TOTAL CORK ORDERS COMPLETED -DECEMBER 2016
133
95
YEAR TO DATE 07/012016 - 06/302017
653
633
P94
PITTSYLVANIA COUNTY CODE COMPLIANCE
MONTHLY REPORT & FEES
December 2016
TVPPQ nP T3P1Dh41'TC
83
BUILDING PERMIT FEES COLLECTED
$7,299.11
83
LEVY COLLECTED
$146.20
0
SUBDIVISION FEES COLLECTED
$0.00
18
ZONING PERMIT FEES COLLECTED
$75.00
0
REINSPECTION FEES COLLECTED
$0.00
8
LAND DISTURBING FEES COLLECTED
$105.00
192
TOTAL FEES COLLECTED
$7,625.31
MONTHLY RTTTTI}TNr VAT TTPQ
4
NEW DWELLINGS
$821,615.00
5
MOBILE HOMES/OFFICE TRAILERS
39,200.00
3
DOUBLE -WIDE MOBILE HOMES
300,000.00
2
MODULAR
405,826.00
14
COMMERCIAL CONSTRUCTION
471,279.00
55
MISCELLANEOUS
540,382.00
83
TOTAL
$2,578,302.00
NONTAXABLE: $5,606,048.00
$39,148,348.00
MONTHLY ACTIVITY REPORT
NUMBER OF BUILDING INSPECTIONS MADE 197
NUMBER OF REJECTIONS OF WORK Y5
NUMBER OF E & S INSPECTIONS 35
NUMBER OF MILES INSPECTORS TRAVELED 3,512
MONTHLY ZOTVTNr_ FRFiC
3
REZONING FEES COLLECTED
$549.53
3
SPECIAL USE PERMIT FEES COLLECTED
522.57
0
VARIANCE & APPEAL FEES COLLECTED
0.00
0
SIGN PERMIT
0.00
6
TOTAL
$1,072.10
Respectfully Submitted,
Odie H. Shelton, Jr.
Director of Code Compliance/
Zoning Administrator
P95
PITTSYLVANIA COUNTY CODE COMPLIANCE
ANNUAL REPORT AND FEES
FOR 2016
TYPES OF PERMITS
970
BUILDING PERMIT FEES rOLLECTED
$83,193.27
970
LEVY COLLECTED
$1,666.20
0
SUBDIVISION FEES COLLECTED
$0.00
212
ZONING PERMIT FEES COLLECTED
$980.00
0
REINSPECTION FEES COLLECTED
$0.00
117
LAND DISTURBING FEES COLLECTED
$1,045.00
2269
TOTAL FEES COLLECTED
$86,884.47
MONTHLY BUILDING VALUES
52
NEW DWELLINGS
$10,647,902.00
54
MOBILE HOMES/OFFICE TRAILERS
1,148,721.00
28
DOUBLE -WIDE MOBILE HOMES
2,054,394.00
28
MODULAR
4,849,978.00
176
COMMERCIAL CONSTRUCTION
14,119,554.00
632
MISCELLANEOUS
6,327,799.00
970
TOTAL
$39,148,348.00
NONTAXABLE: $5,606,048.00
$39,148,348.00
MONTHLY ACTIVITY REPORT
OF REJECTIONS OF WORK
OF E & S INSPECTIONS
NUMBER OF MILES INSPECTORS TRAVELED
MONTHLY ZONING FEES
449
661
48,797
32
REZONING FEES COLLECTED
$5,972.79
14
SPECIAL USE PERMIT FEES COLLECTED
2,975.76
2
VARIANCE & APPEAL FEES COLLECTED
361.86
2
SIGN PERMIT
341.64
2
APPEAL
402.52
52
TOTAL
$10,054.57
Respectfully Submitted,
Odie H. Shelton, Jr.
Director of Code Compliance/
Zoning Administrator
P96
ADJOURNMENT
P97