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Staff, Committee, and/or Constitutional Officer Reports (a) Discussion of Legislative Committee Recommendations (b) Discussion of Report from Fire & Rescue Policies and Procedures Committee Recommendation (c) Report from Property & Building Committee (d) Report from Solid Waste Committee (e) Report from Economic Development Committee 7. Closed Session (6:00 pm) (a) Consultation with legal counsel employed or retained by public body regarding specific legal matters requiring provision of legal advice by such counsel Legal Authority: Virginia Code § 2.2-3711(A)(7) Subject: Project S8 Purpose: Discussion of Potential Prospective Business Incentive Package (b) Consultation with legal counsel employed or retained by public body regarding specific legal matters requiring provision of legal advice by such counsel Legal Authority: Virginia Code § 2.2-3711(A)(7) Subject: Project Box Purpose: Discussion of Potential Prospective Business Incentive Package PS (c) Consultation with legal counsel employed or retained by public body regarding specific legal matters requiring provision of legal advice by such counsel Legal Authority: Virginia Code § 2.2-3711(A)(7) Subject: Project Turtle Purpose: Discussion of Potential Prospective Business Incentive Package (d) Consultation with legal counsel employed or retained by public body regarding specific legal matters requiring provision of legal advice by such counsel Legal Authority: Virginia Code § 2.2-3711(A)(7) Subject: Project Sorter Purpose: Discussion of Potential Local Performance Agreement (e) Discussion or consideration of the acquisition of real property for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Legal Authority: Virginia Code § 2.2-3711(A)(3) Subject: Project CCC Purpose: Discussion of Potential Acquisition of Parks and Recreation Property/Facility 8. Recess to Business Meeting (arrive in General District Courtroom prior to 7pm) P6 PITTSYLVANIA COUNTY Board of Supervisors Work Session EXECUTIVE SUMMARY AGENDA TITLE:I AGENDA DATE: ITEM NUMBER: Legislative Committee; Animal Fencing 3/21/17 6(a) REOUEST: I ACTION: For the BOS' Review and Consideration Undetermined STAFF CONTACTS: I ATTACHMENTS: Mr. Boswell; Mr. Hunt Yes (various) BACKGROUND/DISCUSSION: Currently in the County, per Pittsylvania County Code § 2-3, only horses, mules, cattle, hogs, sheep, and/or goats are required to be fenced. On February 22, 2017, the Legislative Committee ("LC") met on several topics, one of them being expanding the County's animal fencing requirement to include fowls and other animals. At said meeting, the LC, due to the potential controversy and large impact this decision could have on the County, referred this matter to the full Board of Supervisors (`BOS") for discussion and review during the present Work Session. Attached please find information to assist the BOS in any potential decision related hereto. RECOMMENDATION: For the BOS' review and consideration. P7 PITTSYLVANIA COUNTY CODE CHAPTER 2 ANIMALS AND FOWL Article I. General Considerations § 2-1. Burial or Cremation of Animals or Fowl § 2-2. Bird Sanctuary § 2-3. Fencing on Animals - M. § 2-4. Definitions Generally § 2-5. Positions of Animal Control Officer Created § 2-6. Amount of License Tax § 2-7. When License Tax Payable § 2-8. Payment of License Tax Subsequent to Summons § 2-9. Effect of a Dog Not Wearing Collar as Evidence § 2-10. How to Obtain License § 2-11. What Dog License Shall Consist of § 2-12. Duplicate License Tags § 2-13. Displaying Receipts: Dogs to Wear Tags § 2-14. Dogs Deemed Personal Property; Rights Relating Thereto § 2-15. Dogs Killing, Injuring or Chasing Livestock or Poultry P8 § 2-16. Killing Unlicensed Dogs § 2-17. Disposal of Dead Dogs § 2-18. Unlawful Acts: Penalties § 2-19. Dangerous Dogs and Vicious Dogs § 2-20. Compensation for Livestock and Poultry Killed by Dogs § 2-21. Severability Clause § 2-22. Running at Large Restrictions in Designated Areas § 2-23. Females in Season Running at Large § 2-24. Impoundment Where Running at Large § 2-25. Evidence showing inoculation for rabies prerequisite to obtaining dog license § 2-25.1. Rabies inoculation of dogs; availability of certificate Article III. cats § 2-30. Vaccination of cats; certificate required; impoundment of unvaccinated cats Article IV. Waterfowl § 2-35. Prohibit and Restrict Feeding of Migratory and Non -Migratory Waterfowl P9 si , An Ordinance to repeal Chapter 2, Articles I and II, Sections 2-1 through 2-20 of the Code of Laws of Pittsylvania County, and to re-enact the same with certain changes, modifications, additions, deletions, and amendments. ORDINANCE Be it ordained by the Board of Supervisors of Pittsylvania County, Virginia, that Chapter 2, Articles I and II of the Code of Laws of Pittsylvania County, Virginia, be repealed, and be re-enacted as Chapter 2, Articles I and II together with certain changes, modifications, additions, deletions and amendments. P10 CHAPTER 2 Article 1• LU"ZI- 1l 1FAI X11UJ7 1' 11 u 1, 1 ► 1' 1 The owner of any animal or grown fowl, which has died from disease or otherwise, when he knows of such death, shall forthwith have its body cremated or buried. 2. Any person violating the provisions of this section shall be subject to a fine not exceeding twenty ($20.00) dollars for each offense. 3. The above ordinance is adopted pursuant to the authority granted by the Code of Virginia of 1950, as amended. me"AVIIJ The following described real estate in Tunstall Magisterial District is hereby set-aside as an area for a Bird Sanctuary. Sanclmaa established. Beginning at a point corner with the southern right of way of the Old Martinsville Rd., and the corporate limits of the City of Danville, Virginia; thence in a southerly direction to the northern boundary of Route 58; thence along said Route 58 in a westerly direction to the intersection of said Route 58 and the Old Martinsville Road at Callahan's Hill; thence in an easterly direction along the southern boundary of the old Martinsville Road to the point and place of beginning. 2. Discharge of weapons prohibited. penalty. It shall be unlawful for any person to shoot or otherwise discharge any rifle, pistol, shotgun, bow, crossbow, sling, slingshot, air gun, or other weapon at, toward or upon any bird, or to otherwise injure or destroy any such bird or any nest or egg thereof, within the sanctuary created by Paragraph 1 hereof. Any person violating any provision of this section shall be guilty of a misdemeanor. Posting sanctuary. The Commission of Game and Inland Fisheries may post such sanctuary, provided that signs therefore can be obtained with cost to the State. Provided, however, that existing hunting areas within said bird sanctuary as herein created are to be excepted from the provisions of this ordinance, and if it becomes necessary in the opinion of the County Game Warden to destroy certain birds which are a nuisance, then said Game Warden shall have such authority. P11 if . SFC 2-3. FENCING OF ANIMALS: The boundary line of each lot or tract of land is declared to be a lawful fence as to any horse, mule, cattle, hogs, sheep or goats, and it shall be unlawful for the owner or manager of any said animals to permit such animal to run at large beyond the limits of his own lands within Pittsylvania County. CHAPTER 2 Article II. DOGS SEC. 24DEFINITIONS GENERALLY, For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section. (a) Animal (`nntrol Officer. Any Animal Control Officer or deputy Animal Control Officer appointed pursuant to Section 2-5. (b) Enclosure. A structure used to house or restrict animals from running at large. (c) Livestock. Cattle, horses, sheep, goats, swine and enclosed domesticated rabbits or hares. (d) Count Administrator. The duly appointed County Administrator, his deputy, or other person authorized to perform the duties imposed by this ordinance. (B.S.M. 5-2-88) (e) Owner Any person having a right of property in any dog, subject to the provisions of this article, and any person who keeps or harbors such dog, or has the dog in his care, or who acts as its custodian, and any person who permits a dog to remain on or about any premises occupied by him. (f) Poultry. All domestic fowl, and game birds raised in captivity. (g) Pound. A facility operated by the County for the prevention of cruelty to animals or for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals. (h) Boarding Kennel. A place or establishment other than a pound or shelter where animals not owned by the proprietor are fed, sheltered and watered for a fee, but shall not include training or show kennels. (i) Person. Any individual, partnership, firm, joint-stock company, corporation, association, trust, estate, or other legal entity. P12 (j) Other Officer. All other persons employed or elected by the people of Virginia, or by any municipality, county, or incorporated town therefore, whose duty is to preserve the peace, to make arrests, or to enforce the law. (k) Treasurer. The County Treasurer and his assistants or other officer designated by law to collect taxes in the County. (1) To Run at Large. A dog shall be deemed "to run at large" while roaming, running or self -hunting off the property of its owner or custodian and not under its owner's or custodian's immediate control, including chasing motor vehicles on a highway. (B.S.M. 5-2-88) (m)Vaccinate Vaccinated or Vaccination. The immunization of a dog against rabies, whether by inoculation, vaccination, or any other method of treatment approved by the County Health Officer. (n) Veterinarian. Any licensed veterinarian authorized to practice veterinary medicine in the State. (o) Guide Dog. Lead Dog or Hearing Dog. Any dog that is trained and serves as a guide dog for a blind person or that is trained and serves as a guide dog for a blind person or that is trained and serves as a lead dog or guide dog for a deaf person or a hearing impaired person. A hearing dog means a dog trained to alert its owner by touch to sounds of danger and sounds to which the owner should respond. SEC 2-5. POSITIONS OF ANIMAL CONTROL OFFICER CREATED There is hereby created the position of Animal Control Officer, who shall have the power to enforce, Chapter 64, Title 3.2 Code of Virginia of 1950, as amended, all laws for the protection of domestic animals, the provisions of this ordinance and the Comprehensive Animal Laws of the Commonwealth of Virginia. There is also created the position of Deputy Animal Control Officer who shall assist the Animal Control Officer in dog inspection activities and in the enforcement of dog laws, animal control and protection laws of Virginia. When in uniform or upon displaying a badge or other credentials of office, Animal Control Officers and Deputy Animal Control Officers shall have the power to issue a summons to any person found in the act of violating any such law or any ordinance enacted pursuant to such law of the County for which the Animal Control Officer or Deputy Animal Control Officer is appointed. Animal Control Officers shall have knowledge of the comprehensive laws of Virginia governing animals, and basic animal care, and shall complete training as required by the Commonwealth as set forth in Section 3.2-6556 of the Code of Virginia. (B.S.M. 5-2-88) Upon taking into custody any dog, the Animal Control Officer or the Deputy Animal Control Officer shall fill out and complete in detail the Pinsylvania County Animal Custody Record, as then in current use, together with such signatures thereon as maybe necessary. (B.S.M. 5-2-88) For authority of this section, refer to Section 3.2-6555, Code of Virginia, 1950, as amended. Adopted by the Board of Supervisors, 3/7/05. P13 SEC 2-6. AMOUNT OF LICENSE TAX. It shall be unlawful for any person to own a dog four (4) months old or older in this county unless such a dog is licensed, as required by the provisions of this ordinance. Dog licenses shall run by the calendar year, namely, from January 151, to December 315', inclusive, and the license tax shall be payable at the Office of the Treasurer and shall be: A. Male. For a male dog; five ($5.00) dollars for dogs and five ($5.00) dollars for neutered dogs per dog. B. Female. For a female dog; five ($5.00) dollars for a female dog and five ($5.00) dollars for an unsexed (successfully spayed) female. C. Kennel. (1). For a kennel of 1-20 dogs, forty ($40.00) dollars, regardless of sex. (2). For a kennel of 21 or more dogs, fifty ($50.00) dollars, regardless of sex. D. No license tax shall be levied against the owners of any guide dog, lead dog, or hearing dog. For authority of this section, refer to Section 3.2-6524, Code of Virginia, 1950, as amended. Adopted by the Board of Supervisors, 3/7/05. (B.S.M. 4/19/05) Amended 12/18/07. SFr 2-7. WHEN LICENSE TAX PAYABLE (a) On January 151, and not later than January 3151, of each year the owner of any dog four (4) months old or older shall pay a license tax as prescribed in Section 2-6. (b) If a dog shall become four months of age or come into possession of any person between January 151, and November 1St, of any year the license tax for the current calendar year shall be paid forthwith by the owner. (c) If a dog shall become four months of age or come into the possession of any person between October 31st, and December 3151, of any year the license tax for the succeeding calendaryear shall be paid forthwith by the owner and this license shall protect the dog from the date of purchase. M'WCWj M-01113", 1 u eR. Payment of the license tax subsequent to a summons to appear before a court for failure to pay the license tax within the time required should not operate to relieve such owner from the penalties provided. P14 EC. 2-9. EFFECT OF DOG NOT WEARING COLLAR AS EVIDENCE Any dog not wearing a collar bearing a license tag of the proper calendar year shall prima facie be deemed to be unlicensed and in any proceedings under this ordinance the burden of proof of the fact that the dog has been licensed or is otherwise not required to bear a tag at that time, shall be on the owner of the dog. -10. HOW TO OBTAIN LICENSE. Any person may obtain a dog license by making oral or written application to the Treasurer of the County, accompanied by the amount of the license tax and certificate of vaccination as required by this article. The Treasurer of other Officer charged with the duty of issuing dog licenses shall only have authority to license dogs of resident owners or custodians who reside within the boundary limits of the county and may require information to this effect from the applicant. Upon receipt of proper application and certificate of vaccination as required by this article, the Treasurer or other Officer charged with the duty of issuing dog licenses shall issue a license receipt for the amount on which he shall record the name and address of the owner or custodian, the date of payment, the year for which issued, the serial number of the tag, whether male, unsexed female, female or kennel, and deliver the metal license tag or plate provided herein. The information thus received, shall be retained by the Treasurer and open to the public for inspection during the period for which such license is valid. The Treasurer may establish substations in convenient locations in the county and appoint agents for the collection of the license tax and issuance of such licenses. SEC 11WHAT DOG LICENSE SHALL CONSIST OF A dog license shall consist of a license receipt and a metal tag. The tag shall be stamped or otherwise permanently marked to show the name Pittsylvania County, the sex of the dog, the calendar year for which issued and bear a serial number. EC. 2-12. DUPLICATE LICENSE TAG If the dog license shall become lost, destroyed, or stolen, the owner of custodian shall at once apply to the Treasurer or his Agent who issued the original license for a duplicate license tag, presenting the original license receipt. Upon affidavit of the owner or custodian before the Treasurer or his Agent that the original license tag has been lost, destroyed, or stolen, he shall issue a duplicate license tag which the owner or custodian shall immediately affix to the collar of the dog. The Treasurer or his Agent shall endorse the number of the duplicate and the date issued on the face of the original license receipt. The fee for a duplicate tag shall be two ($2.00) dollars. (B.S.M. 4/19/05) SEC 2-13, DISPLAYING RECEIPTS• DOCS TO WEAR TAGS Dog license receipts shall be carefully preserved by the licensee and exhibited promptly on request for inspection any Animal Control Officer or other officer. Dog license tags shall be securely fastened to a substantial collar by the owner or custodian and worn by such dog. It shall be unlawful for the owner to permit any license dog four months old or older to run or roam at large at any time without a license tag. The owner of the dog may remove the collar and license tag required by this PIS section (i) when the dog engaged in lawful hunting, (ii) when the dog is competing in a dog show, (iii) when the dog has a skin condition which would be exacerbated by the wearing of a collar, (iv) when the dog is confined, or when the dog is under immediate control of its owner. SEC. 2-14, DOGS DEEMED PERSONAL PROPERTY: RIGHTS RELATING THERETO All dogs shall be deemed personal property and may be the subject of larceny and malicious or unlawful trespass. Owners may maintain any action for the killing of any such dogs, or injury thereto, or unlawful detention or use thereof as in the case of other personal property. The owner of any such dog which is injured or killed contrary to the provisions of this chapter by any person shall be entitled to recover the value thereof or the damage done thereto in an appropriate action at law from such person. Any Animal Control Officer or other officer finding a stolen dog, or a dog held or detained contrary to law. Shall have authority to seize and hold such dog pending action before the General District Court or other court. If no such action is instituted within seven days, the Animal Control Officer or other officer shall deliver the dog to its owner. The presence of a dog on the premises of a person other than its legal owner shall raise no presumption of theft against the owner and the Animal Control Officer may take such dog in charge and notify its legal owner to remove him. The legal owner of the dog shall pay a reasonable charge as specified by the Board of Supervisors for the keep of such dog while in the possession of the Animal Control Officer. SEC 2-15, DOGS KILLING, INJURING, OR CHASING LIVESTOCK OR POULTRY. It shall be the duty of any Animal Control Officer or other officer who may find a dog in the act of killing or injuring livestock or poultry to kill such dog forthwith whether such dog bears a tag or not. Any person finding a dog committing any of the depredations mentioned in this section shall have the right to kill such dog on sight, as shall any owner of livestock or his agent finding a dog chasing livestock on land utilized by the livestock when the circumstances show that such chasing is harmful to the livestock. Any court shall have the power to order the Animal Control Officer or other officer to kill any dog known to be a confirmed livestock or poultry killer, and any dog killing poultry for the third time shall be considered a confirmed poultry killer. Any Animal Control Officer who has reason to believe that any dog is killing livestock or poultry shall be empowered to seize such dog solely for the purpose of examining such dog in order to determine whether it committed any of the depredations mentioned herewith. Any Animal Control Officer or other person who has reason to believe that any dog is killing livestock, or committing any of the depredations mentioned in this section, shall apply to a magistrate of the county, wherein such dog may be, who shall issue a warrant requiring the owner or custodian, if known, to appear before a general district court at a time and place named therein, at which time evidence shall be heard. If it shall appear that the dog is a livestock killer, or has committed any of the depredations mentioned in this section, the district court shall order that the dog be killed immediately, by the Animal Control Officer or other officer designated by the court. P16 DOG KILLING OTHER DOMESTIC ANIMALS OTHER THAN LIVESTOCK OR POULTRY, Any Animal Control Officer who has reason to believe that any dog is killing other dogs or domestic animals other than livestock or poultry shall apply to a magistrate of the county for the issuance of a warrant requiring the owner or custodian, if known, to appear before the general district court at a specified time. The Animal Control Officer or owner shall confine the dog until such time as evidence shall be heard and a verdict rendered. If it appears from the evidence that the dog has habitually killed other dogs or domestic animals, the court may order the dog killed. SEC 2-16 KIL.L.ING UNLICENSED DOGS. It shall be the duty of the Animal Control Officer to kill any dog of unknown ownership found running at large on which license has not been paid; provided, that the Animal Control Officer may deliver such dog to any person in this county who will pay the required license fee on such dog, with the understanding that should the legal owner thereafter claim the dog and prove his ownership, he may recover such dog by paying to the person to whom it was delivered by the Animal Control Officer, the amount of the license fees paid by him and a reasonable charge for the keep of the dog while in his possession. Any person, Animal Control Officer, or other officer killing a dog under this chapter shall cremate or bury the same. CFC 2-17 DISPOSAL OF DEAD DOGS The owner of any dog, which has died from disease or other cause, shall forthwith cremate or bury the same. If, after notice, any owner fails to do so, the Animal Control Officer or other officer shall bury or cremate the dog, and he may recover on behalf of the county from the owner his cost for this service. CFC 2-18UNLAWFUL ACTS: PENALTIES (a) The following shall be unlawful acts and constitute Class 4 misdemeanors: (1) False statements on license application For any person to make a false statement in order to secure a dog license to which he is not entitled. (2) Failure to pay license tax. For any dog owner to fail to pay the license tax required by this chapter before February 15', for the year in which it is due. (3) Running at large. For any dog owner to allow a dog to run at large in violation of Section 2- 19. (4) Dead Does. For any owner to fail to dispose of the body of his dog in violation of Section 2- 17. (5) Diseased Doggy. For the owner of any dog with a contagious or infectious disease to permit such dog to stray from his premises if such disease is known to the owner. P17 (6) Removing Collar and Tag. For any person, except the owner or custodian, to remove a legally acquired license tag from a dog. (7) Concealing a Dog. For any person to conceal or harbor any dog on which the license tax has not been paid, or to conceal a mad dog to keep the same form being killed. (8) Other violations. To permit a dog to chase motor vehicles on a public highway. (B.S.M. 5- 2-88) (B.S.M. 3-7-05) (b) The following act shall be punished as a Class 1 misdemeanor: False Claim. For any person to present a false claim or to receive any money on a false claim under the provisions of the Code of Virginia. 1.1 • 1 I 1 11 1 1 11 (a) As used in this section: "Dangerous dog" means a canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person or companion animal that is a dog or cat or killed a companion animal that is a dog or a cat. However, when a dog attacks or bites another dog or cat, the attacking or biting dog shall not be deemed dangerous (i) if no serious physical injury as determined by a licensed veterinarian has occurred to the other dog or cat as a result of the attack or bite (ii) both animals are owned by the same person, (iii) if such attack occurs on the property of the attacking or biting dog's owner or custodian, or (iv) for other good cause as determined by the court. No dog shall be found to be a dangerous dog as a result of biting, attacking or inflicting injury on another dog while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event. (B.S.M. 4/17/07) "Vicious dog" means a canine or canine crossbreed that has (i) killed a person; (ii) inflicted serious injury to a person including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or (iii) continued to exhibit the behavior that resulted in a previous finding by a court or, on or before July 1, 2006, by an animal control officer as authorized by local ordinance, that it is a dangerous dog, provided that its owner has been given notice of that finding. No canine or canine crossbreed shall be found to be a dangerous dog or a vicious dog solely because it is a particular breed, nor shall the ownership of a particular breed of canine or canine crossbreed be prohibited. No animal shall be found to be a dangerous dog or vicious dog if the threat, injury or damage was sustained by a person who was (i) committing, at the time, a crime upon the premises occupied by the animal's owner or custodian, (ii) committing, at the time, a willful trespass upon the premises occupied by the animal's owner or custodian, or (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. No police dog that was engaged in the performance of its duties as such at the time of the acts complained of shall be found to he a dangerous dog or a vicious dog. No animal which, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, P18 a person, or its owner's or custodian's property, shall be found to be a dangerous dog or a vicious dog. (b) Disposition of vicious dogs and dangerous dogs: (1) Any Law Enforcement Officer or Animal Control Officer who has reason to believe that a canine or canine crossbreed within his jurisdiction is a dangerous dog or vicious dog shall apply to a magistrate of the jurisdiction for the issuance of a summons requiring the owner or custodian, if known, to appear before a general district court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue. If a Law Enforcement Office successfully makes an application for issuance of a summons, he shall contact the local animal control officer and inform him of the location of the dog and the relevant facts pertaining to his belief that the dog is dangerous or vicious. The Animal Control Officer shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the Animal Control Officer determines or custodian can confine the animal in a manner that protects the public safety, he may permit that the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal. If, after hearing the evidence, the court finds that the animal is a dangerous dog, the court shall order the animal's owner to comply with the provisions of this ordinance. If, after hearing the evidence, the court finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with the provisions of §3.2-6562, Code of Virginia, 1950, as amended, and the same from time to time be amended. (2) If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or legal guardian shall be responsible for complying with all requirements of this section. (3.)The owner of any animal found to be a dangerous dog shall, within ten (10) days of such finding, obtain a dangerous dog registration certificate from the local Animal Control Officer or treasurer for a fee of fifty ($50.00) dollars, in addition to other fees that may be authorized by law. The local Animal Control Officer or treasurer shall also provide the owner with a uniformly designed tag that identifies the animal as a dangerous dog. The owner shall affix the tag to the animal's collar and ensure that the animal wears the collar and tag at all times. All certificates obtained pursuant to this subdivision shall be renewed annually for the same fee and in the same manner as the initial certificate was obtained. The Animal Control Officer shall provide a copy of the Dangerous Dog Registration Certificate and verification of compliance to the State Veterinarian (4) All certificates or renewals thereof required to be obtained under this section shall only be issued to persons 18 years of age or older who present satisfactory evidence (i) of the animal's current rabies vaccination, if applicable, (ii) that the animal has been neutered or spayed, and (iii) that the animal is and will be confined in a proper enclosure or is and will be confined inside the owner's residence or is and will be muzzled and confined in the owner's fenced -in yard until the proper enclosure is constructed. In addition, owners who apply for certificates or renewals thereof under this section shall not be issued a certificate or renewal P19 � � r thereof unless they present satisfactory evidence that (i) their residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property and (ii) the animal has been permanently identified by means of a tattoo on the inside thigh or by electronic implantation. All certificates or renewals thereof required to be obtained under this Section shall only be issued to persons who present satisfactory evidence that the owner has liability insurance coverage, to the value of at least one hundred thousand ($100,000.00) dollars that covers animal bites. The owner may obtain and maintain a bond in surety, in lieu of liability insurance, to the value of at least one hundred thousand ($100,000.00) dollars. (5) While on the property of its owner, an animal found to be a dangerous dog shall be confined indoors or in a securely enclosed and locked structure of height and design to prevent its escape or direct contact with or entry by minors, adults, or other animals. The structure shall be designed to provide the animal with shelter from the elements of nature. When off its owner's property, an animal found to be a dangerous dog shall be kept on a leash and muzzled in such a manner as not to cause injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from biting a person or another animal. (6) The owner of any dog found to be a dangerous shall register the animal with the Commonwealth of Virginia Dangerous Dog Registry, as established under Section 3.2-6542, within forty-five (45) days of such a finding by a court of competent jurisdiction. The owner shall also cause the local animal control officer to be promptly notified of (i) the names, addresses, and telephone numbers of all owners; (ii) all of the means necessary to locate the owner and the dog at any time; (iii) any complaint or incidents of attack by the dog upon any person or cat or dog; (iv) any claims made or lawsuits brought as a result of any attack; (v) tattoo or chip identification information or both; (vi) proof of insurance or surety bond; and (vii) the death of the dog. (7) After an animal has been found to be a dangerous dog, the animal's owner shall immediately, upon learning of the same, notify the local animal control authority if the animal (i) is loose or unconfined; (ii) bites a person or attacks another person; (iii) is sold, given away, or dies. Any owner of a dangerous dog who relocates to a new address shall, within ten (10) days of relocating, provide written notice to the appropriate local animal control authority for the old address from which the animal had moved and the new address to which the animal has been moved. (8) All fees collected pursuant to the ordinance, less the costs incurred by the animal control authority in producing and distributing the certificates and tags required by the ordinance, shall be paid into a special dedicated fund in the treasury of the locality for the purpose of paying the expenses of any training course required under §3.2-6556, of the Code of Virginia, 1950, as the same may from time to time be amended. (9) The owner of any custodian of a canine or canine cross -breed or other animal is guilty of a: 1. Class 2 misdemeanor if the canine or the canine cross -breed previously declared a dangerous dog pursuant to this Section, when such declaration arose out of a separate and P20 distinct incident, attacks and injures of kills a cat or dog that is a companion animal belonging to another person; 2. Class 1 misdemeanor if the canine or the canine cross -breed previously declared a dangerous dog pursuant to this Section, when such declaration arose out of a separate and distinct incident, bites a human being or attacks a human causing bodily injury; or 3. Class 6 felony as provided for in the Code of Virginia if any owner or custodian whose willful act or omission in the care, control or containment of a canine, canine cross -breed or other animal is so gross, wanton, and culpable as to show a reckless disregard for human life, and is the proximate cause of such dog or other animal attacking and causing serious bodily injury to a person. The provisions of this subsection shall not apply to any animal that, at the time of the acts complained of, was responding to pain or injury or was protecting itself, its kennel, its offspring, a person, or its owner's or custodian's property, or when the animal is a police dog that is engaged in the performance of its duties at the time of the attack. (10) The owner of any animal that has been found to be a dangerous dog who willfully fails to comply with the requirements of this Section shall be guilty of a Class 1 misdemeanor. (B.S.M. 4-17-07) (c) The Animal Control Officer may determine, after investigation, whether a dog is a dangerous dog. If the animal control officer believes that a dog is a dangerous dog, he may order the animal's owner to comply with the provisions of this ordinance. If the animal's owner disagrees with the Animal Control Officer's determination, he may appeal the determination to the General District Court for a trial on the merits. Adopted by the Board of Supervisors, 3/7/05. (B.S.M. 4-17-07) (AS.M.12-18-07)(B.S.M. I -1S-08) SEC 2-20 COMPENSATION FOR LIVESTOCK AND POULTRY KILLED BY DOGS Any person who has any livestock or poultry killed or injured by any dog not his own shall be entitled to receive as compensation the fair market value of such livestock or poultry not to exceed four hundred ($400.00) dollars per animal or ten ($10.00) dollars per fowl to the extent budgeted for the fiscal year, provided that (i) claimant has furnished evidence within Sixty (60) days of discovery of the quality and value of the dead or injured livestock and the reasons the claimant believes that death or injury was caused by a dog; (ii) the Animal Control Officer or other officer shall have conducted an investigation and that his investigation supports the claim (B.S.M. 5-2-88) (B.S.M. 4/19/05) Under this section, the County Administrator is authorized to receive claims for compensation for livestock and poultry killed by dogs, together with reports made by the Animal Control Officer investigating the killing of livestock and poultry by dogs. The County Administrator shall process the claim and determine the fair market value of the livestock or poultry killed, and, if the claim is supported by the warden's investigation, shall approve the claim and submit the same to the Treasurer of Pittsylvania County for payment to the person entitled. (B.S.M. 5-2-88) P21 SEC 2-21, SEVER_AHILITY CLAUSE It is hereby declared to be the intention of the Board of Supervisors that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of a Court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance. (Code 1975, Sec.1-3) SEC 2-22, RUNNING Al LARGE RESTRICTIONS IN DESIGNATED AREAS (a) Notwithstanding the provisions of Section 2-13, it shall be unlawful for any dogs, licensed or unlicensed to run at large within certain designated subdivisions, towns, villages, or other defined areas. (B.S.M. 4/19/05) (b) A majority of the property owners in any subdivision, town, village, or other defined area within Pittsylvania County may petition the Board of Supervisors to be included among those areas within which it is unlawful for dogs to run at large. Upon receipt of such petition, the Board shall consider (1) whether the petition is signed by a majority of the property owners within the area, and (2) whether the area is well enough defined to permit adequate enforcement by the Animal Control Officer. Thereafter, the Board shall vote upon the petition. If a majority of the members of the Board vote in favor of the petition, the area designated therein shall be added to those on file in the County Administrator's Office. (c) The following areas shall be designated areas restricting dogs running at large. (1) Quailwood Subdivision, off Orphanage Road in the Mt. Hermon area as recorded in Map Book 43, Page 67 H, Section 2, Lots 1-26, 28 and 29. (2) Fairfield Park Subdivision, off Highway 41 in the Mt. Hermon area as shown on maps recorded in Map Book 14, Pg. 84, Sec. A, B, C, D; Pg. 31, Map Book 20, Pg. 65; Map Book 31, Pg. 98. (3) Ridgecrest Park Subdivision, off Highway 41 in the Mt. Hermon area as shown on maps recorded in Map Book 15, Pg. 51, Sec. A, B, C, D, E; Map Book 22, Pg. 17, Sec. A, B, C; Map Book 33, Page 41, Sec. B, F; Map Book 33, Pg. 42, Sec. G. (4) Olde Hunting Hills Subdivision, off Mt. Cross Road, Secondary Highway 750 as shown on maps recorded in Map Book 23, Pg. 93, Sec. K., Sec. L -Lt. 7A, Sec. B -Lt. 18A; Map Book 13; Pg. 94 Sec's A -IA -3A, B-1-6, C-1-3; Map Book 16, Pg. 8, Sec's A-4, 5, B-18-24, L-1-7; Map Book 26, Pg. 25, Sec's A, L, M; Map Book 37, Pg. 49, Sec's L, M, N; Map Book 39, Pg. 12, Sec's A, M, N, P; Map Book 40, Pg. 188, Sec's A, P; Map Book 14, Pg. 65, Sec's D, E. (5) Laurel Woods Subdivision, off Golf Club Road in the Mt. Hermon area as recorded in Map Book 21, Page 7, Sections A, B; Map Book 40, Page 17. (B.S.M. 7/19/05 effective 9/1/05) P22 (6) Mountain View Place Subdivision, off R & L Smith Drive, State Route 863, as recorded in Deed Book 848, Page 748, Sections A & B, Plat Book 43, Page 148-L, Tax I.D. 4125-A-47, Zoning R-1. (B.S.M. 9/20/05 effective 10/21/05). (7) Stoneridge Subdivision, off Pinecroft Road, State Road 747, as recorded in Deed Book 1176, Page 102; DB 1309, Pg 651; DB 1324, Pg 662; DB 1330, Pg 490; DB 1332, Pg 729; DB 1352, Pg 090; DB 1353, Pg 124; DB 1354, Pg 457; DB 1402, Pg 140; DB 1403, Pg 858; DB 1431, Pg 623; DB 1443, Pg 406; DB 1452, Pg 400; DB 1455, Pg 622; DB 1461, Pg 219; DB 1475, Pg 009; DB 1478, Pg 617; DB 1499, Pg 646; DB 1511, Pg 605; DB 1513, Pg 488; DB 1522, Pg 850. (B.S.M. 7/18/06) (8) A portion of Stony Mill Road, beginning at the intersection of SR 869 & SR 844 and ending at the Stony Mill Bridge at Sandy River. A map is available for viewing in the office of the County Administrator, 21 North Main Street, Chatham, Virginia. (9) Mt. Hermon Place Subdivision, from Samuel Road to the end of Pepper Lane, and the cul-de- sacs of Samuel Road, Samuel Ct., Samuel Bend, and Franklin Place as recorded in MB 39, Pg 199; DB 840, Pg 323; MB 40, Pg 84; MB 43, Pg 139B; MB 43, Pg 26J; MB 39, Pg 55; MB 40, Pg 13; MB 42, Pg 193; MB 43, Pg 21C; MB 43, Pg 30G; MB 43, Pg 170B; MB 42, Pg 142. A map is available for viewing in the office of the County Administrator, 21 North Main Street, Chatham, Virginia. (B.S.M. 10/21/08 effective 11/03/08) (10) Huckleberry Hills Subdivision, from Blue Ridge Drive/SR 634 to end of Banley Street/SR 980, as recorded in DB 1191, Pg 581; DB 1191, Pg 578; DB 606, Pg 164; DB 587, Pg 113; DB 1268, Pg 052; DB 1463, Pg 643; DB 1202, Pg 782; DB 586, Pg 46; DB 998, Pg 609; DB 533, Pg 583; DB 557, Pg 487; DB 1025, Pg 004; DB 894, Pg 124; DB 551, Pg 547; WF 09, Pg 00134; including 250 feet around 125 Banleys Street #2532-73-2915 in the Staunton River District, A map is available for viewing in the office of the County Administrator, 21 North Main Street, Chatham, Virginia. (B.S.M. 5/19/09) (11) Dogwood Estates Subdivision including the entire subdivision from Ridgecrest Drive (SR 744), along Dogwood Lane (SR 1540), along all of Maple Drive (SR 1541), along all of John Drive (SR 1558) and to the end of Allen Place (SR 1559) as recorded in MB 43, Pg 63C; MB 29, Pg 53 MB 43, Pg 156K; MB 43, Pg 156J; Plat Cabinet 2, Pg 232C. A map is available for viewing in the office of the County Administrator, 21 North Main Street, Chatham, Virginia. (B.S.M. 4/17/12) (12) Wayside Acres Subdivision, from Hillside Road (Route 1115), to Hogan Street, to Ridgeview Road (Route 1114) MB 2, Pg 100, including 011ie S. Short Subdivision, DB 415, Pg 344 and Pg 345. A Map is available for viewing in the Office of the County Administrator, located at 1 Center Street, Chatham, Virginia. (B.S.M. 11/05/12) (13) Sunset Bay Subdivision, from Rose Street (SR 758) to the Sandy Court cul-de-sac, along Sunset Bay Road to the Crestview Lane cul-de-sac as recorded in MB 43, Pg. 287E; MB 43, Pg. 251G and MB 43, Pg. 251 H. A Map is available for viewing in the Office of the County Administrator, located at I Center Street, Chatham, Virginia. (B.S.M. 2/19/2013) P23 IJ (14) Lakeside Drive the entire length Lakeside Drive coming off U.S. 29N thru its entire length of 2051.18 feet upon reaching the deadend, in the Banister Electoral District. A Map is available for viewing in the Office of the County Administrator, located at 1 Center Street, Chatham, Virginia. (B.S.M. 1/21/14) (15) Restriction in Designated Areas, to include Jasper Woods Road in Hurt, Virginia, with a controlled area defined as from Highway View Road/SR 988 to Jasper Wood Road/ SR 753, and ending at Shula Drive/SR 642. (B.S.M.12/15/2015) SEC 2-23, FEMALES IN SEASON RUNNING AT LARGE It shall be unlawful for the owner of any female dog to permit such dog to stray from his premises, while such dog is known to such owner to be in season. During the entire time such dog is in season she shall be confined, restricted or penned up in a building or a secure enclosure adequate to prevent the animal from ruining at large. Tethering of a female dog in season not under the direct supervision and control of the owner or custodian shall not be considered adequate confinement. For authority of this section, refer to Section 3.2-6538, Code of Virginia, 1950, as amended. Adopted by the Board of Supervisors, 3/7/05. EC. 2-24. IMPOUNDMENT WHERE RUNNING AT LARGE (a) It shall be the duty of the Animal Control Officer or other officer to cause any dog found running at large in violation of any provisions of this Chapter to be caught and confined in the County animal shelter. Every effort shall be made on the part of such officer to determine ownership of the confined dog and to notify the owner of its whereabouts. If the owner is known by the virtue of a nametag, license or other identification on the dog, such owner shall be notified forthwith by the person taking the dog into custody. (b) A dog confined, pursuant to this Chapter may be claimed by the rightful owner, after displaying proof of ownership, a current dog tag and current rabies inoculation proof. No dog shall be released to any person claiming ownership, unless such tag and proof are displayed. Any owner claiming a dog impounded under this Chapter shall pay to the person in charge of the animal shelter a fee in an amount equal to the actual expenses incurred in keeping the dog impounded. Such fee shall be in addition to any penalty imposed for the violation of this article and shall be paid prior to release of the dog from the shelter. The person collecting such fee shall furnish the owner of the dog with a written receipt, in a form and manner approved by the County Administrator, and shall keep a carbon copy of all such receipts in a bound book, which shall be turned over to the County Treasurer when the book is filled and shall be subject to audit by representatives of the Board of Supervisors whenever requested. All such fees shall be disposed of in the same manner as dog license taxes. (c) Dogs impounded under this Chapter may be disposed of after a waiting period of seven (7) days from the time notice was given to the owner or, if the owner cannot be located, seven (7) days after impoundment. Nothing herein shall be construed to prohibit the destruction of critically ill or critically injured dogs for humane purposes. P24 { SEC 2-25 EVIDENCE SHOWING INOCULATION FOR RABIES PREREQUISTE TO OBTAINING DOG LICENSE. No license tag shall be issued for any dog unless there is presented, to the Treasurer or other officer of the county charged by law with the duty of issuing license tags for dogs at the time application for license is made, evidence satisfactory to him showing that such dog has been inoculated or vaccinated against rabies by a currently licensed Veterinarian or currently licensed Veterinary Technician who was under the immediate and direct supervision of a licensed Veterinarian on the premises. For authority of this section, refer to Section 3.2-6526, Code of Virginia, 1950, as amended. Adopted by the Board of Supervisors, 3/7/05. SEC, 2-25.1. RABIES INOCULATION OF DOGS; AVAILABILITY OF CERTIFICATE. The owner or custodian of all dogs four (4) months of age and older shall have them currently vaccinated for rabies by a licensed Veterinarian or licensed Veterinary Technician who is under the immediate and direct supervision of a licensed Veterinarian on the premises. The supervising Veterinarian on the premises shall provide the owner of the dog with a certificate of vaccination. The owner of the dog shall furnish within a reasonable period of time, upon the request of an Animal = Control Officer, Humane Investigator, Law-enforcement Officer, State Veterinarian's Representative, or official of the Department of Health, the certificate of vaccination for such dog. The vaccine used shall be licensed by the United States Department of Agriculture for use in that species. For authority of this section, refer to Section 3.2-6521, Code of Virginia, 1950, as amended. Adopted by the Board of Supervisors, 3/7/05 CHAPTER 2 Article III. CATS (a) It shall be unlawful for any person to own, keep or harbor any domestic cat over the age of four (4) months unless such cat has been vaccinated against rabies with a species appropriate vaccine approved by the United States Department of Agriculture and administered by a licensed Veterinarian, and has received any required vaccination against rabies as specified in the Certificate of Vaccination. (b) Upon vaccination or revaccination of a domestic cat as required by this Section, a Certificate of Vaccination, properly executed and signed by the licensed Veterinarian performing the vaccination, shall be issued to the cat's owner by the Veterinarian, who shall retain a copy of the Certificate for his or her records. P25 (c) The certificate issued pursuant to paragraph (B) of this section shall be NASPHV Form number 50 or its equivalent, or as the same shall be from time to time modified, and shall certify that the cat has been vaccinated in accordance with this article, and shall include the following information: 1. The date of the vaccination 2. The date for required revaccination 3. A brief description of the cat or its age, sex and breed; and 4. The name and address of the animal's owner. (d) The certificate issued pursuant to subsection (B) of this section shall be preserved by the owner of the cat and exhibited promptly upon request for inspection by the Animal Control Officer or any Law enforcement officer. (e) Any person bringing a domestic cat into the County from some other jurisdiction shall be required to conform with the provisions of subsection (A) above within fifteen (15) days subsequent to bringing such cat into the County. (f) It shall be the duty of the persons charged with the enforcement of this chapter to impound any cat which has not been vaccinated as required by the Section, and such cat shall be held for a period of not less than five (5) days, unless the cat is rabid or suspected of being rabid, in which case the cat shall be destroyed humanely and preserved and tested in accordance with acceptable Health Department procedures. (g) Any cat impounded pursuant to the Section which is not rabid or suspected of being rabid may be redeemed by its owner at any time within the five (5) days following its impoundment by paying an impoundment fee of fifteen dollars ($15.00) plus five dollars ($5.00) for each day or fraction thereof during which the cat was impounded and the cost of any vaccination required to comply with this Section, otherwise such cat shall be disposed of as is provided by law. For authority for this Section, see Section 3.2-6524, Code of Virginia, 1950, as amended. (Adopted by the Board of Supervisors on July 16, 2002) CHAPTER 2 Article IV. WATERFOWL SEC. 2-35, PROHIBIT AND RESTRICT FEEDING OF MIGRATORY AND NON -MIGRATORY WATERFOWL. P26 &1 '.• c lb (a) That upon notice to the Department of Game and Inland Fisheries, the feeding of migratory and non -migratory waterfowl is hereby prohibited in Pittsylvania County in accordance with subsection (c). (b) For the purpose of this section, migratory and non -migratory waterfowl shall be those species defined by the Virginia Department of Game and Inland Fisheries as any and all waterfowl in the Family Anatidae (ducks, geese, and swans) including native, non-native, and domestic ducks and geese, and any crossbreeds or hybrids of these birds and includes those species listed in the attachment to this ordinance. (c) This prohibition is applicable to those areas of Pittsylvania County that are so heavily populated as to make the feeding of such waterfowl a threat to the public health or environment. Specific areas include all areas within the waters or within five hundred (500) feet of the Smith Mountain project shorelines. (d) Specific areas cited within subsection (c) shall be posted with the appropriate signage to designate the area where this section is applicable. (e) Enforcement of this section shall be the sole responsibility of Pittsylvania County. (f) Any person violating the provisions of this section shall be subject to a civil fine not to exceed fifty ($50.00) dollars. (g) No provision of this section shall be applicable on lands within a national or state park or forest, or wildlife management area. For authority for this Section, see Section 29.1-527.1 (2004, c.386), Code of Virginia, 1950, as amended. (Adopted by the Board of Supervisors on April 19, 2005) This ordinance was presented and adopted at a regular meeting of the Pittsylvania County Board of Supervisors held on Monday. April 6 1987 in the Circuit Courtroom in Chatham Virenin. The effective date of this ordinance is April 6 1987 This ordinance was amended at a regular meeting of the Pittsylvania County Board of Supervisors held on Monday May 2 1988 in the Circuit Courtroom in Chatham. Virginia. The effective date of these amendments is May 2, 1988. This ordinance was amended at a regular meeting of the Pittsylvania County Board of Supervisors on Tuesday. September 4,1990 in the Circuit Courtroom in Chatham Virginia This ordinance was amended at an adiourned meeting of the Pittsylvania County Board of Supervisors on Tuesday. September 17, 2002. This ordinance was amended at a regular meeting of the Pittsylvania County Board of Suunervisors on Monday. March 7 2005. P27 Amended by the Board of Supervisors on September 18, 2007 Amended by the Board of Supervisara on December 18, 007 Amended by the Board of Supervisors on January 15 2008 Amended bythe Board of Supervisors on March 3, 0 8 Amended by the Board of SupervisQngn November i 2008 Amended by the Board of Supervison on May 19, 00 Amended by the Board of Supervisorl on January 19,2010o Amended by the Board of Supervisors on April 17, 2012• Amended by the Board of Supervisors on November , 2012 P28 Bedford County, VA Code of Ordinances Sec. 4-83. - Lot lines declared fences as to livestock. Page 1 of 1 The boundary lines of each lot or tract of land in the county shall constitute lawful fences as to any livestock domesticated by man. (Ord. No. 0-0709-128(RJ, 7-13-2009) 5 0003 about:blank P29 3/1/2017 Bedford County, VA Code of Ordinances� / Page 1 of 1 - _Logo Sec. 4-104. - Livestock running at large. (a) It shall be unlawful for the owner or person in control of any horse, mule, cattle, hog, sheep, goat or fowl to permit any such animal to run at large in the county beyond the limits of his own lands. (b) Any person violating any provision of this section shall be guilty of a class 2 misdemeanor. (Ord. No. 0-0709-128(R), 7-13-2009) State law reference— Code of Virginia, § 3.1-796.94:1. about:blank P30 3/1/2017 Halifax County, VA Code of Ordinance4ohigh6way! Page 1 of 1 04/ Sec. 5-4. -Certain animals running at la etc. (a) Animals dangerous to traff1c. It shall be unlawful for any owner or possessor of any horse, cattle, hog, sheep or other animal negligently to drive such animal upon a public highway, or to allow such animal to stray upon such highway, or to tie or graze such animal in such a way as to be dangerous to traffic. (b) Escape from confinement. It shall be unlawful for any such owner or possessor of such animal negligently or knowingly to permit any animal to escape from confinement, or to allow any gate to be left open or any fence to become in such condition as to be insufficient to confine such animal. (c) When unlawful foranimals to run at large. It shall be unlawful for the owner or manager of any animal or type of animal described in Code of Virginia, § 55-306, to permit any such animal, as to which the boundaries of lots or tracts of land have been or may be constituted a lawful fence, to run at large beyond the limits of his own lands within the county, or portion of such county wherein such boundaries have been constituted and shall be a lawful fence. (d) Animalsmaynotrun atlarge after entry of order. After the expiration of ten days from the date of entering such order it shall be unlawful for any animal specified in Code of Virginia, § 55-306, to run at large within such boundaries, and any person owning or having charge of any such animal who shall permit the same to run at large within such boundaries shall be guilty of a class 4 misdemeanor, each day such animal is permitted to run at large to constitute a separate offense; and any such animal found running at large upon any street, alley, road or other public ground within such boundaries may be taken up and impounded by any person who may retain such animal in his custody until the expense of keeping such animal shall have been paid. (e) Dogs. This section shall not apply to dogs. (Code 2000, § 4.2) State Law reference— Authority to adopt this section, Code of Virginia, § 55-310. about:blank P31 3/1/2017 Halifax County, VA Code of Ordinances Page 1 of 1 04Y Sec. 5-3. - Boundary lines declared to be lawful fences. Notice having been given as required by Code of Virginia, § 55-310, the board of supervisors hereby declares the boundary line of each lot and tract of land within the county to be a lawful fence as to any horse, mule, cattle, hog, sheep or goat. (Code 2000, § 4.1) State Law reference— Authority to adopt local fence law, Code of Virginia, §§ 55-310-55-316; damages for trespass by animals in crossing lawful fences, Code of Virginia, §§ 55-306-55-309. about:blank P32 3/1/2017 3%2017 Franklin Canty, VA Code of Or6nances Sec. 4-1. - Confinement or fencing of livestock and fowl. (a) It shall be unlawful for any person to allow or permit any livestock or poultry or other fowl of any description owned by him or under his control to stray to any highway or public property or private premises of another, and all livestock or poultry or other fowl shall be sufficiently confined or fenced by the owner or person exercising control over the same so as to prevent the same from trespassing or straying. (b) A violation of this section shall constitute a Class 2 Misdemeanor. (Ord. of 10-21-97) Cross reference— Penalty for Class 2 Misdemeanor, § 1-11. State Law reference— Authority of county to prevent animals from trespassing and running at large upon public highways, Code of Virginia, § 15.1-512, 9 F% ht4niAv .muricode.comllibrarylvaRrarYdin ccutylcodeslcode_of_ordinances?rodeld=C000 CH4ANFO ARTIINGE 1!1 P33 main Sec. 4-3. Livestock running at large The boundary line of each lot or tract of land within the County is hereby declared to be a lawful fence as to any of the animals mentioned in VA. CODE ANN. §55-306 (Repl. Vol. 2012), and it shall be unlawful for the owner or manager of any animal or type of animal described in VA. CODE ANN. §55-306 (Rept. Vol. 2012) to permit any such animal to run at large beyond the limits of his own lands within the County. (4-1-57) (11-15-82) For the purposes of this section, animals mentioned in VA. CODE ANN. §55-306 (Repl. Vol. 2012) shall include any livestock domesticated by man. Violation of this section is a Class 4 misdemeanor punishable by a fine of not more than two hundred fifty dollars ($250.00). For state law authority to regulate running at large of animals, see VA. CODE ANN. §15.2-1218 (Rept. Vol. 2012) and §32-6544 B (Repl. Vol. 2016). For authority for penalty, see VA. CODE ANN. §3.2-6587 A. 9. (Repl. Vol. 2016) and § 18.2-11 (Rept. Vol. 2014). As to No - Fence Law, see VA. CODE ANN. §§55-310 to 55-316 (Rept. Vol. 2012). [THE 1982 AMENDMENT repealed and reenacted this section.] [THE AUGUST 7, 2000 AMENDMENT substituted "any of the animals mentioned in VA. CODE ANN. §55-306" for "any animal or fowl," "owner or manager" for "owner and manager," and "animal or type of animal described in VA. CODE ANN. §55-306 to permit any such animal" for "such animal to permit such animal or fowl," all in the first paragraph, and added the second paragraph.] [THE JULY 6, 2004 AMENDMENT added the third paragraph.] Sec. 4-3.1. Burial or cremation of animals or fowls which have died. (a) When the owner of any animal or grown fowl which has died knows of such death, such owner shall forthwith have its body cremated or buried, or request such service from an officer or other person designated for the purpose. If the owner fails to do so, any judge of a general district court, after notice to the owner if he can be ascertained, shall cause such animal or fowl to be cremated or buried by any officer or other person designated for such purpose. Such officer or other person shall be entitled to recover of the owner of every such animal or fowl that is cremated or buried the actual cost of the cremation or burial and a reasonable fee to be recovered in the same manner as such officers' fees are recovered, free from all exemptions in favor of such owner. (b) Any person violating the provisions of this section shall be guilty of a misdemeanor which shall be punishable by a fine of not more than two hundred fifty dollars ($250.00). (c) Nothing in this section shall be deemed to require the burial or cremation of the whole or portions of any animal or fowl which is to be used as food or in any commercial manner. (8-17-81) 12/6/16 P34 3112017 Sec. 5-300. - Fence law declared. Herry Canty, VA Code d 0niwres The Board of Supervisors hereby declares the boundary line of each lot and tract of land in the county to be a lawful fence as to any and all animals mentioned in Code of Virginia, § 55-306. (Ord. of 1-25-05) Sec. 5-301. - Confinement or fencing of livestock and fowl. A. It shall be unlawful for any person to knowingly allow or permit any livestock or poultry or other fowl of any description owned by him or under his control to repeatedly stray into any public highway or public property or private premises of another, and all livestock or poultry or fowl shall be sufficiently confined or fenced by the owner or person exercising control over the same so as to prevent the same from trespassing or straying. B. A violation of this [section] shall constitute a misdemeanor punishable by up to a two hundred fifty dollar ($250.00) fine. (Ord. of 1-25-05) IGVR1 Coo hops:/Av .mmicods.c Aibray/vaterry pwntytcodeslcode of adiremes?rgdeld=COOK CHSNJFO ARTIIIFE P35 1/1 Fence -Out Counties Accomack, Alleghany, Amelia, Amherst, Appomattox, Bath, Bland, Brunswick, Buchanan, Caroline, Carroll, Charles City, Chesapeake, Chesterfield, Craig, Culpeper, Dickenson, Dinwiddie, Essex, Fairfax, Fauquier, Franklin, Frederick, Giles, Grayson, Greensville, Hampton, Henrico, Henry, Highland, Isle of Wight, James City, King William, Lancaster, Lee, Lunenburg, Madison, Matthews, Mecklenburg, Middlesex, Montgomery, Nelson, Newport News, Northumberland, Northampton, Nottoway, Powhatan, Prince Edward, Prince George, Prince William, Richmond, Rockbridge, Russell, Shenandoah, Suffolk, Surry, Tazewell, Sussex, Virginia Beach, Westmoreland, York 11/5/2014 County Presenation 21 P36 Page 1 of I Code of Virginia Title 55. Property and Conveyances Chapter 18. Trespasses; Fences § 55-31o. How governing body of county may make local fence law. The board of supervisors or other governing body in any county in this State after posting notice of the time and place of meeting thirty days at the front door of the courthouse, and at each voting place in the county, and by publishing the same once a week for four successive weeks in some newspaper of such county, if any be published therein, and if none be published therein, in some newspaper having a general circulation therein, a majority of the board being present and concurring, may declare the boundary line of each lot or tract of land, or any stream in such county, or any magisterial district thereof, or any selected portion of such county, to be a lawful fence as to any or all of the animals mentioned in § 55-3o6, or may declare any other kind of fence for such county, magisterial district or selected portion of the county than as prescribed by § 55-299 to be a lawful fence, as to any or all of such animals. Code 1950, § 8-88o; 1977, c. 624. http://Iaw.lis.virginia.gov/vacode/55-3 10/ P37 2/22/2017 Page I of I Code of Virginia Title 55. Property and Conveyances Chapter 18. Trespasses; Fences § 55-316• When unlawful for animals to run at large. It shall be unlawful for the owner or manager of any animal or type of animal described in § 55-3o6 to permit any such animal, as to which the boundaries of lots or tracts of land have been or may be constituted a lawful fence, to run at large beyond the limits of his own lands within the county, magisterial district, or portion of such county wherein such boundaries have been constituted and shall be a lawful fence. Code 195o, § 8-886;1977, c. 624; 1979, C. 486. http://law.lis.virginia.gov/vacode/55-316/ P38 2/22/2017 Page 1 of 2 Code of Virginia Title 3.2. Agriculture, Animal Care, and Food Chapter 59. General Provisions § 3.2-5900. Definitions. As used in this subtitle, unless the context requires a different meaning: "Accredited veterinarian" means a veterinarian approved by the Administrator of the U.S. Department of Agriculture in accordance with 9 C.F.R. Part 161, which includes the authority to issue health certificates. "Animal" means any organism of the kingdom Animalia, other than a human being. "Hatching egg" means any egg of any chicken, turkey, waterfowl, or game bird, or the egg of any other avian species that is used or intended to be used for hatching purposes. "Horse" means any stallion, colt, gelding, mare, or filly. t r^/ �t;,9 fir 7► WPI "Livestock" 'ncludes domestic or domesticated bovine a mals; equine animals; S ovine animal • porcihe animals; cervidae animals; caprad a/ animalanimals of the genus Lama; r tites; fish or shellfish in aquaculture facilities, as defined in § 3.2-2600; enclosed rabbits or hares raised for human food or fiber; or any other individual animal specifically raised for food or fiber, except companion animals. "Passport" means a document that may be used in lieu of a Certificate of Veterinary Inspection and shall contain animal identifiers and health maintenance history such as vaccinations and laboratory tests. "Poultry" includes all domestic fowl and game birds raised in captivity. "State Veterinarian" means the veterinarian employed by the Commissioner as provided in § 3.2-5901• "State Veterinarian's representative" means any person who is either: (i) an employee of the Department under the direction of the State Veterinarian; or (ii) a veterinarian deputized pursuant to § 3.2-5901• Code 1950, §§ 3-4, 3-13; 1966, c. 702, §§ 3.1-4, 3.1-14; 1972, c• 531; 1975, C. 26o; 1977, c. 186; 1978, cc. 219,540; 1982, c. 150;1984, c. 492, § 29-213.36; 1987, c. 488, http://law.lis.virginia.gov/vacode/title3.2/chapter59/section3.2-5900/ 2/22/2017 P39 Page 2 of 2 § 3.1-796.66;1988, C. 538; 1991, C. 348;1993, cr. 174, 455, 959; 1994, cc. 261,370; 1995, cc. 1o, 61o; 1996, c. 996; 1998, c. 817; 2002, cc. 351, 500, 787; 2003, cc. 544, 551, § 3.1-741.3; 2003, c. 1007; 2005, c. 633; 2oo8, c. 86o. http://law.lis.virginia.gov/vacode/title3.2/chapter59/section3.2-5900/ 2/22/2017 P40 Page 1 of 1 Code of Virginia Title 55. Property and Conveyances Chapter 18. Trespasses; Fences § 55-303• Statutes declaring watercourses lawful fences continued. All acts declaring any river, stream, or watercourse, or any part thereof, or any boundary in any county, a lawful fence, or authorizing any court so to declare the same, or enacting a special fence law for any county or any part thereof, and all acts relating to the making or repairing of division fences in any county or in any part thereof which may be in force on the day before the Code of 1887 took effect, shall continue in force. Code 1950, § 8-873; 1977, c. 624. http://law.lis.virginia.gov/vacode/titles 5/chapter 18/section55-303/ 2/22/2017 P41 I - Page 1 of 2 Code of Virginia Title 55. Property and Conveyances Chapter 18. Trespasses; Fences § 55-299• Definition of lawful fence. Every fence shall be deemed a lawful fence as to any livestock named in § 55-306, which could not creep through the same, if (i) Five feet high, including, if the fence be on a mound, the mound to the bottom of the ditch, (2) Of barbed wire, 42 inches high, consisting of at least four strands of barbed wire, firmly fixed to posts, trees, or other supports substantially set in the ground, spaced no farther than 12 feet apart unless a substantial stay or brace is installed halfway between such posts, trees or other supports to which such wires shall be also fixed, (3) Of boards, planks, or rails, 42 inches high, consisting of at least three boards firmly attached to posts, trees, or other supports substantially set in the ground, (4) Three feet high within the limits of any incorporated town whose charter does not prescribe, nor give to the council thereof power of prescribing, what shall constitute a lawful fence within such corporate limits, or (5) Any fence of any kind whatsoever, except as described in this section, and except in the case of incorporated towns as set forth in subdivision (4), which shall be: a. At least 42 inches high, b. Constructed from materials sold for fencing or consisting of systems or devices based on technology generally accepted as appropriate for the confinement or restriction of livestock named in § 55-3o6, and c. Installed pursuant to generally acceptable standards so that applicable livestock named in § 55-306 cannot creep through the same. A cattle guard reasonably sufficient to turn all kinds of livestock shall also be deemed a lawful fence as to any livestock mentioned in § 55-3o6. http://law.lis.virginia.gov/vacode/55-299/ P42 2/22/2017 Page 2 of 2 Nothing contained in this section shall affect the right of any such town to regulate or forbid the running at large of cattle and other domestic animals within its corporate limits. The Board of Agriculture and Consumer Services may adopt rules and regulations regarding lawful fencing consistent with this section to provide greater specificity as to the requirements of lawful fencing. The absence of any such rule or regulation shall not affect the validity or applicability of this section as it relates to what constitutes lawful fencing. Code 1950, § 8-869; 1977, c. 624; 2007, c. 574• http://law.lis.virginia.gov/vacode/55-299/ P43 2/22/2017 Page 1 of I Code of Virginia Title 55. Property and Conveyances Chapter 18. Trespasses; Fences § 55-3o6. Damages for trespass by animals; punitive and double damages. If any livestock domesticated by man shall enter into any grounds enclosed by a lawful fence, as defined in §§ 55-299 through 55-303, the owner or manager of any such animal shall be liable for the actual damages sustained. When punitive damages are awarded, the same shall not exceed twenty dollars in any case. For every succeeding trespass the owner or manager of such animal shall be liable for double damages, both actual and punitive. Code 1950, §§ 8-874 through 8-876; 1977, c. 624;1979, C. 486. http://law.lis.virginia.gov/vaeode/title55/chapterl8/section55-306/ 2/22/2017 P44 Page 1 of 1 Code of Virginia Title 55. Property and Conveyances Chapter 18. Trespasses; Fences § 55-300. Court may declare stream of water or canal a lawful fence; proceeding therefor. The circuit court of any county, upon a petition of any proprietor or tenant of lands on any stream of water or canal, may, in its discretion, declare and establish the same, or any part of either within the limits and jurisdiction of the county, a lawful fence as to any of the stock named in § 55-3o6. Notice of the application shall be given by posting a copy of the petition at the front door of the courthouse and at two or more public places at or near the stream or canal, to the part whereof the petition applies, for thirty days, and by publishing the same once a week for four successive weeks in a newspaper, if one is published in the county. At or before the trial of the cause, any person interested may enter himself a defendant thereto, and the same shall thereafter be proceeded in as other causes. Code 1950, § 8-870; 1977, c. 624. http://law.lis.virginia.gov/vacode/title55/chapterl8/section55-300/ 2/22/2017 P45 Page 1 of 1 Code of Virginia Title 55. Property and Conveyances Chapter 18. Trespasses; Fences § 55-301. Revocation of order. Such court may upon like petition and notice of any person interested, revoke or alter any order made under § 55-300; but such order shall not be made within one year from the date of the original, and shall not take effect until six months after it is made. Code 1950, § 8-871; 1977, c. 624. http://law.lis.virginia.gov/vacode/title55/chapterl8/section55-301/ 2/22/2017 P46 Page 1 of 1 Code of Virginia Title 55. Property and Conveyances Chapter 18. Trespasses; Fences § 55-302. Boundary lines of certain low grounds on James River a lawful fence. The owners and occupants of low grounds on either side of the James River in the Counties of Buckingham, Albemarle, and Goochland, enclosed by lawful fences on the back and hill lands, need not keep up any fence on the boundary lines running across the low grounds to the river, and such boundary lines shall be deemed a lawful fence, except where public roads cross the river or run parallel with its banks. Code 1950, § 8-872; 1977, c. 624. http://law.lis.virginia.gov/vacode/title55/chapterl8/section55-302/ 2/22/2017 P47 ..Punishment for conviction of misdemeanor (§ 18.2-11)—Virginia Decoded... Page 1 of 5 Virginia D E C O D E D 18.2 Comes And Offenses Generally 1 In General 3 Classification Of Criminal Offenses And Punishment Therefor § 18.2-11 Punishment for conviction of misdemeanor § 18.2 -ii Punishment for conviction of misdemeanor The authorized punishments for conviction of a misdemeanor are: (a. For Class i misdemeanors, confinement in jail for not more than twelve months and .__............._............._........_ a fine of not more than $ 2,500, either or both. (b. For Class 2 misdemeanors, confinement in jail for not more than six months and a fine of not more than $1,000, either or both. (c. For Class 3 misdemeanors, a fine of not more than $ 500. misdemeanors, ............................. _ .... (d. For Class 4 misdemeanors, a fine of not more than $ 250. For a misdemeanor offense prohibiting proximity to children as described in subsection A of § 18.2-'170.2 M8.2-170.2/), the sentencing court is authorized to impose the punishment set forth in subsection B of that section in addition to any other penalty provided by law. History 1975, cc. 14,15;1990, C. 788; 2000, C. 770. Download ,` (/18.2-111xt)I (/18.2-11 json) r� (/18.2-11.xm1) Comments https://vacode.org/2016/18.2/l/3/18.2-1 I / P48 2/22/2017 0. Punishment for conviction of misdemeanor (§ 18.2-11)—Virginia Decoded... Page 2 of 5 3 Comments Virginia Decoded 0 Login r Recommend 1 L Share 0 Join the discussion... i Sort by Best • margie • 7 months ago I am scared to death facing a September court date for 2 misdemeanor i's, Assault & Battery - on my husband and daughter. I did not initiate the physical violence. I reacted to my husband's chest thumping me and blocking my way to go upstairs to bed. I shoved his shoulder with my hand after he did this. It was not out of aggression, but to get him off me and to get out of the way. He was not injured in anyway. My daughter, 14, came down stairs and saw this and thought I had just pushed my husband, which I did. She did not see him thump bump me and stop my trying to ascend the stairs. She yelled at me and I yelled back. NOt at all proud of the volatile, hostile verbal altercation. I instructed her to leave and go back to bed, as this did not concern her. She refused. I told her she may lose her computer privilege, at whih point, she grabbed my right forearm, standing 1 step above me, and squeezed as hard as she could and would not let go. More verbal assaults and as she still held grip, I spit on her. She let go, and my husband said he was going to call the police. I said fine, he did they arrived and I got arrested for z misdemeanor 1's asualt and battery. I am devastated. The jail experience was traumatic. I have a \awyer, but am just miserable thinking about this and have nightmare's. We have started seeing a counselor and I feel so alone and at a loss. I did not initiate the physical violence. I did not hurt anyone. I reacted to both my husband and my daughters physical assaults. Any advice is so appreciated. Peace. Reply . Share) . Oscar A margie • 6 months ago Is this your first offense? Do NOT enter a guilty plea. If you enter a guilty plea, You can never get it expunged. DO NOT listen to your lawyer if he/she tells you to enter a guilty plea. Plea no contest or not guilty. That way you can get the conviction removed off your record if convicted. First offenses usually come with suspended jail time for 6 months, probation and anger management classes. You can still have your husband arrested for assaulting you. Statute of limitations is a year. Get him arrested too before you go to court. Appeal appeal appeal if you are not happy with the verdict DO NOT WAIT to appeal. i n ., . Reply . Share) ` Jacob Perry • 3 months ago Less than a month aeo I was assaulted at school. My attacker velled derogatory https://vacode.org/2016/18.2/l/3/18.2-1 I / P49 2/22/2017 Punishment for conviction of misdemeanor (§ 18.2-11)—Virginia Decoded... Page 3 of 5 SHARE Tweel Recommend 0 TRUST, BUT VERIFY If you're reading this for anything important, you should double-check its accuracy—read § 18.2-11 on the official Code of Virginia website (hM://Iaw.lis.virginia.gov/vaeode/­18.2-11/). COURT DECISIONS CROSS REFERENCES (Court of Appeals for the FourthX bb1i4xw/4&Aj*eanor brandishing a firearm. Va.Code § 18.2-282,18.2-11(1982). West Virginia mandates ... (htWLs://www.courtlistener.c•.om i 'on/ S&4ogW- rentorjack-f-davis- director-virginia-state-department/) (Court of Appeals for the Fourth Circuit, 10/30/78) ... dollar fine, or both. Va.Code AM.*28Xf s41.. 201/3 commonwealth/) (COA (Court ... first DUI offense a Class I misdemeanor. Code 118.2-11 provides that upon conviction of a Class I ... Commonwealth v. Albert R. Howell (https•//www courtlistener com/opinion/1o682o�/commonwealth-v-albeit-r-howell/) (COA (Court of Appeals), 08/29/95) provisions for a Class 1... Nesbit v Com (https://www.courtlistener.com/2pinion/12,i6682/"nesbit-v-com/) (COA (Court_ of Appeals), 12/01/92) ... misdemeanor is a fine of not more than $250. See Code § 18.2-11. Because the trial court erred in ... Iglesias v Com (https-//www courtlistener com/opinion/12227.,1/iglesias-v-com/) (COA (Court ofAppeals), o9/o6/88) ... punishable as a Class 4 misdemeanor. Code §§ 18.2-8;18.2-11; Code § 46.1-1(40).... https://vacode.org/2016/18.2/t/3/18.2-1 l / P50 2/22/2017 . Punishment for conviction of misdemeanor (§ 18.2-11)—Virginia Decoded... Page 4 of 5 (Overbea v Com (htti)s•//www courdistener com/opinion/los886�/overbey v com/) (SCV .............. (Supreme Court of Virginia), 01/13/o6) a Class 1 misdemeanor, as prescribed by Code § 18.2-11(a), is confinement in jail for not more than ... Strout v. CiIii of Virginia Beach (https://www.courtlistener com/opinion/io6.827/strout- v-city-of-virginia-beach/) (COA (Court of Appeals), 05/25/04) ... for a Class 1 misdemeanor is defined by Code § 18.2-11(a), which provides that authorized ... Scott v. Com. (htWs://www.courtlistener.com%o ip nion/io6lg73/scott-v-com/) (COA (Court of Appeals), 03/29/11) ... quot;a fine of not more than $500." Code § 18.2-11(e).... Derek Lee Nisbet v. M of Virginia Beach (https: //www.courtlistener.com/opinion/io6�829/derek-lee-nisbet-v-city-of-virginia- beach (COA (Courtof Appeals), 05/25/04) ... for a Class 1.. . Court opinions are provided by CourtListener (http://www.courtlistener.com/). which is developed by the Free Law Project (http://freelaMroiect.o . https://vacode.org/2016/18.2/l/3/18.2-1 I / P51 2/22/2017 Punishment for conviction of misdemeanor (§ 18.2-11)—Virginia Decoded... Page 5 of 5 All user -contributed content is owned by its authors. The laws ale owned by the people and, consequently, are not governed by copyright—so do whatever you want with them. This website does not constitute legal advice. Only a lawyer can provide legal advice. 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Moment of Silence 4. Pledge of Allegiance 5. Items to be added to the Agenda APPROVAL OF AGENDA Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren HEARING OF CITIZENS CONSENT AGENDA Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren 6. (a) Minutes: February 6, 2017 BOS Special Meeting Pages 90-91 February 6, 2017 BOS Regular Meeting Pages 92-104 February 21, 2017 BOS Business Meeting Pages 105-110 (b) Bill List — February 2017 (Online) (c) Proclamation — National County Government Month — April 2017 Pages 111-112 (d) Proclamation — Countywide Spring Cleanup Month — April 2017 Pages 113-114 (e) Proclamation — Sexual Assault Awareness Month — April 2017 Pages 115-116 (f) Proclamation — National Animal Care & Control Appreciation Week—April 9-15, 2017 Pages 117-118 (g) Proclamation — National Public Safety Telecommunications Week — April 9-15, 2017 Pages 119-120 (h) Letter of Recognition — Pittsylvania County Public Schools Faculty/Students of JROTC, BETA and Interact Clubs Pages 121-125 (i) Purchase of Service Weapon - Deputy Sheriff Virginia K. Newman Pages 126-129 PUBLIC HEARINGS Rezoning Cases: Case 1: Richard E. Wallace & Ronnie Pembelton — Staunton River Election District: R-17-007 R-1, Residential Suburban Subdivision District to A-1, Agricultural District Open: _ Speakers. Motion: Second. Roll Call Vote Barber Hagerman Blackstock Scearce Davis Barksdale Warren (Roll Call Vote Yortq Close. Barber Hagerman Barber Hagerman N A Blackstock Davis Scearce Blackstock Davis Scearce Comments: Barksdale Warren Barksdale Warren Case 2: David W. Foster & Betty W. Foster — Dan River Election District: R-17-008 R-1, Residential Suburban Subdivision District to B-2, Business District, General Open: Close. Speakers: Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Roll Call Vote Comments: Y N A Barber Hagerman Blackstock Scearce Davis Barksdale Warren (Roll Call Vote YorN) Case 3: Michael G. Willis & Donna L. Willis — Callands-Gretna Election District: R-17-009 R-1, Residential Suburban Subdivision District to A-1, Agricultural District Open: Close: Speakers. Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Roll Call Vote Comments: Y N A Barber Hagerman Blackstock Scearce Davis Barksdale Warren (Roll Call Vote Y or N) Public Hearin¢ 7. Public Hearing to receive citizen input on potentially leasing publicly owned property located at 200 Blairs Middle School Circle, Blairs, Virginia 24527, to Southside Soccer Club for soccer recreational purposes. Pages 131-142 Open: Close: apeaKers. Motion: Second. Roll Call Vote Barber Hagerman Blackstock Scearce Davis Barksdale Warren Barber Hagerman Blackstock Davis Scearce Barksdale Warren Barber Hagerman Blackstock Davis Scearce Barksdale Warren Y N A Comments: PRESENTATIONS 8. Update on Danville Regional Health Collaborative — Annie Martinie, Senior Program Officer, Dan River Foundation Page 144 NEW BUSINESS 9. Recommendations from Legislative Committee Pages 146-147 (a) Proposed Amendment to PCC 6-1.1 Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second. Barber Hagerman Blackstock Davis Scearce Barksdale Warren (b) Proposed Amendment to PCC 4-30(b) Pages 148-152 Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second. Barber Hagerman Blackstock Davis Scearce Barksdale Warren (c) Proposed Amendment to PCC Chapter 43 Pages 153-156 Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren (d) Proposed Amendment to Pittsylvania County Zoning Ordinance for Solar Energy Facilities Pages 157-161 Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second. Barber Hagerman Blackstock Davis Scearce Barksdale Warren 10. Recommendation from Fire & Rescue Policies and Procedures Committee Pages 162-173 Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren 11. Recommendations from Economic Development Committee (if any) Pages 174-180 Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second. Barber Hagerman Blackstock Davis Scearce Barksdale Warren 12. Recommendations from Finance Committee (if any) Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren 13. Financial Matters (a) Danville Regional Foundation Grant — Ringgold Rail Trail Pages 181-185 Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren (b) Pittsylvania County Public Schools Bus Lease Pages 186-223 Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren (c) Expenditure Refunds — February 2017 Pages 224-226 Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren 14. Closed Session Matters for action (if any) Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren 15. Change Orders 5 & 6: Courthouse Security Project Pages 227-232 Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren 16. Potential Road Abandonment — Shula Drive Pages 233-236 Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren 17. Tobacco Commission Grant for Advanced Skills IT Academy Pages 237-239 Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second. Barber Hagerman Blackstock Davis Scearce Barksdale Warren 18. Request from the Town of Chatham -County Ordinance prohibiting internal combustion engines on Cherrystone & Roaring Fork Lakes Pages 240-241 Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren BOARD ANNOUNCEMENTS REPORTS FROM COUNTY ADMINISTRATOR ADJOURNMENT Motion: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Second: Barber Hagerman Blackstock Davis Scearce Barksdale Warren Time: TO BE ADDED P87 HEARING OF CITIZENS P88 CONSENT AGENDA P89 Special Call Meeting February 6, 2017 Pittsylvania County Board of Supervisors Monday, February 6, 2017 Special Session VIRGINIA: The Special Session of the Pittsylvania County Board of Supervisors was held on Tuesday, February 6, 2017 in the Main Conference Room of the Captain Martin Building located a 1 Center Street in Chatham, Virginia. Robert W. "Bob" Warren, Chairman, called the meeting to order at 3:00 p.m. The following members were present: Tim R. Barber Joe B. Davis Ronald S. Scearce Jessie L. Barksdale Jerry A. Hagerman Elton W. Blackstock, Jr Robert W. Warren Tunstall District Dan River District Westover District Banister District Callands-Gretna District Staunton River District Chatham -Blairs District Mr. David M. Smitherman, County Administrator, J. Vaden Hunt, County Attorney, Matt Rowe, Director of Economic Development, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Approval of Amenda Motion was made by Mr. Blackstock, seconded by Mr. Davis, to approve the agenda, which was unanimously approved by the Board. Closed Session (a) Discussion or consideration of the acquisition of real property for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. • Legal Authority: Virginia Code Section 2.2-3711(A)(3) • Subject: Project CC Purpose: Discussion of Potential Acquisition of Parks and Recreation Property/Facility (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. • Legal Authority: Virginia Code Section 2.2-3711 (A)(5) • Subject: Project S8 • Purpose: Project Status Update/Discussion Motion was made by Mr. Blackstock, seconded by Mr. Barksdale, to enter into Closed Session, and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr. Davis -Yes; Mr. Scearce-Yes; Mr. Blackstock -Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes. P90 Special Call Meeting February 6, 2017 The Board entered into Closed Session at 6:02pm. Motion was made by Mr. Blackstock, seconded by Mr. Barksdale, to return to Open Session. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at a Special Call Meeting of the Pittsylvania County Board of Supervisors on Monday, February 6, 2017, 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. Vote Tim R. Barber Yes/No Jerry A. Hagerman Yes/No Elton W. Blackstock Yes/No Joe B. Davis Yes/No Ronald S. Scearce Yes/No Jessie L. Barksdale Yes/No Robert W. Warren Yes/No The Board unanimously approved Mr. Blackstock's motion to return to Open Session. The Board returned to Open Session at 6:45pm. No action was taken Adiournment Motion was made by Mr. Barber, seconded by Mr. Blackstock, to adjourn the Special Meeting, which was unanimously approved by the Board. The meeting adjourned at 6:45pm. Robert W. "Bob" Warren, Chair Pittsylvania County Board of Supervisors David M. Smitherman, County Administrator Pittsylvania County Board of Supervisors P91 February 6, 2017 Regular Meeting Pittsylvania County Board of Supervisors Regular Meeting February 6, 2017 VIRGINIA: The Regular meeting of the Pittsylvania County Board of Supervisors was held on Monday, February 6, 2017 in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia. Chair Robert W. "Bob" Waren, called the meeting to order at 7:00 p.m. The following members were present: Tim R. Barber Joe B. Davis Ronald S. Scearce Jessie L. Barksdale Jerry A. Hagerman Elton W. Blackstock, Jr. Robert W. Warren Tunstall District Dan River District Westover District Banister District Callands-Gretna District Staunton River District Chatham -Blairs District Mr. David M. Smitherman, County Administrator, Mr. J. Vaden Hunt, County Attorney, Mr. Matt Rowe, Director of Economic Development, Ms. Kim Van Der Hyde, Director of Finance, Lisette Jordan, Human Resource Manager, and Rebecca Flippen, Deputy Clerk were also present. After a Moment of Silence, Mr. Warren led the Pledge of Allegiance. Approval of Agenda Motion was made by Mr. Blackstock, seconded by Mr. Davis, to approve the agenda, which was unanimously approved by the Board. Hearing of the Citizens Mr. Richard Shumate of the Westover District offered a word of prayer. Dr. Tiffany Franks, President of Averett College, updated the Board of the college's current activities. No one else signed up to speak. Consent Agenda Motion was made by Mr. Barber, seconded by Mr. Davis, to approve the Consent Agenda, which was unanimously approved by the Board. (a) Minutes — January 3, 2017 January 17, 2017 (b) Bill List — January 2017 (Online) (c) Ratify Proclamation — Axxor's 5th Anniversary (d) Ratify Letters of Birthday Recognitions: Ellawease Thompson — 90th Birthday James Edward Alderson — 100th Birthday (e) Resolutions of Support: (1) Kentuck Volunteer Fire Department (2) Bachelors Hall Volunteer Fire Department (f) Position Description Changes (g) Proclamation — Black History Month — February 2017 P92 Regular Meeting February 6, 2017 Vittgpibania QCouutp 39oarb of *uperbigorg PROCLAMATION Axxor Group Recognizing Five -Years of Business Operations in Pittsylvania County WHEREAS, the Axxor Group (Axxor) is a recognized leader in the development, production, and sale of honeycomb made from paper and water-based glues, that is used in numerous furniture, packaging, and automotive products; and; WHEREAS, Axxor located its first U.S. manufacturing facility, Axxor North America, from the Netherlands to the Ringgold East Industrial Park in Pittsylvania County in 2011 with an announced investment of $4.96 million; and; WHEREAS, Axxor is a valued employer of Pittsylvania County residents, and is an active and engaged business member in the surrounding community and Danville-Pittsylvania County Chamber of Commerce; and; WHEREAS, Axxor has successfully operated its Pittsylvania County production facility located at 2275 Cane Creek Parkway, in the community of Ringgold, for five (5) years; then BE IT PROCLAIMED, that the Pittsylvania County Board of Supervisors expresses both its congratulations to the Axxor Group (Axxor) for celebrating its five-year anniversary of its commercial operations of Axxor North America in Pittsylvania County; and, its thanks to the local Axxor North America plant and management for the great economic benefits they bring to Pittsylvania County. BE IT FURTHER PROCLAIMED that a copy of this proclamation be presented to representatives of the Axxor Group (Axxor). Vitt5pibanfa Countp 7.1412poarb of *uperbi ori RESOLUTION 2017-02-02 WHERAS, the Pittsylvania County Board of Supervisors under the United States Internal Revenue Code receives a $10 -million dollar allocation for tax exempt bonds each year beginning January 1; and WHEREAS, the tax exempt bonds cover boards, agencies and commissions under the Board of Supervisors; and WHEREAS, the Kentuck Volunteer Fire Department is an authorized Volunteer Fire Department identified in Section 31-2:1 of the Pittsylvania County Code, authorizing them to participate in financing on tax exempt status for equipment utilized by the Volunteer Fire Department for public use; and WHEREAS, the Kentuck Volunteer Fire Department has held a public hearing on December 22, 2016 on the tax-exempt financing after publishing the required notice by code; then P93 Regular Meeting February 6, 2017 BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors hereby approves the Kentuck Volunteer Fire Department entering into a financial agreement as required under the United States Internal Revenue Code for financing to be carried out on a tax exempt basis in the amount not to exceed $333,886.00.00 to finance one (1) 2016 Pierce Responder Multi -Use Pumper Mounted on a 2016 Freightliner Chassis; and BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Kentuck Volunteer Fire Department in order to supplement their financing requirements. Pitt.5plbania Countp 38oarb of *uperbi om RESOLUTION 2017-02-03 WHERAS, the Pittsylvania County Board of Supervisors under the United States Internal Revenue Code receives a $10 -million dollar allocation for tax exempt bonds each year beginning January 1; and WHEREAS, the tax exempt bonds cover boards, agencies and commissions under the Board of Supervisors; and WHEREAS, the Bachelors Hall Volunteer Fire Department is an authorized Volunteer Fire Department identified in Section 31-2:1 of the Pittsylvania County Code, authorizing them to participate in financing on tax exempt status for equipment utilized by the Volunteer Fire Department for public use; and WHEREAS, the Bachelors Hall Volunteer Fire Department has held a public hearing on December 22, 2016 on the tax-exempt financing after publishing the required notice by code; then BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors hereby approves the Bachelors Hall Volunteer Fire Department entering into a financial agreement as required under the United States Internal Revenue Code for financing to be carried out on a tax exempt basis in the amount not to exceed $245,000.00.00 to finance one (1) 2016 Pierce Responder Multi -Use Pumper Mounted on a 2016 Freightliner Chassis; and BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Bachelors Hall Volunteer Fire Department in order to supplement their financing requirements. pittg;plbania Countp 7ewgooarb of 6uperbigor.5 proclamation BLACK HISTORY MONTH "The Crisis of Black Education" Whereas, the Board of Supervisors of Pittsylvania County takes pride in joining Americans throughout the country in recognizing February 2017 as National Black History Month; and P94 February 6, 2017 Whereas, African Americans play an important role in Pittsylvania County, Virginia, and American history, and the famous historian Dr. Carter G. Woodson, a native Virginian and the son of former slaves, brought this fact to the world's attention by founding the Association for the Study of Negro Life and History, publishing significant scholarly works and establishing Negro History Week, the precursor to Black History Month; and Whereas, the theme of this year's celebration is "The Crisis of Black Education" focusing on the crucial role of education in the history of African Americans; and Whereas, African Americans have made substantial contributions in human progress in the fields of Economics, Medicine, Law, Science, Technology, Literature, and in many other phases of human endeavors, and continue to have an important impact on technological advances in the information age and in every frontier of science and art; and Whereas, Pittsylvania County is committed to meeting our education challenge and improving our education system for all students, and is honored to celebrate the contributions of African Americans to the fabric of our state; then Now, Therefore, Be It Resolved, that the Pittsylvania County Board of Supervisors do hereby proclaim the month of February, 2017, as Black History Month, and encourage we remember that no matter a person's color, ethnicity, or background, all our County's citizens can make a positive difference in their communities. Public Hearings As required by Virginia Code § 15.2-1800(B), public hearing to receive citizen input on the potential sale of County owned property and appurtenances thereon located at the corner of Bank and Purden Streets in the Town of Chatham, Virginia, more fully described as being property identified as Tax Map # 2426-01-3521 and measuring 0.28 acres. Mr. Warren opened the public hearing at 7:12pm. Steve DelGiomo, intended buyer of the property, told the Board he was purchasing the property, which included the old theatre building, for the purpose of re -locating his company, Doomsday Tackle Company, within the building, as an innovation center for the company. Once renovations of the building are complete, said Mr. DelGirono, the company would open under the name of DTCo Innovation Center, and will include a video studio, a 32 -foot long testing tank, product development, testing and retail sales. No one else signed up to speak and Mr. Warren closed the hearing at 7:27pm. Motion was made by Mr. Blackstock, seconded by Mr. Hagerman, to approve the sale of County owned property identified as Tax Map # 2426-01-3521 and measuring 0.28 acres to Steve DelGiomo and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock - Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes. Mr. Blackstock's motion was unanimously approved by the Board. Public Hearing to receive citizen input on the proposed amendments to Articles 1.2, 2.1, 2.6, and 5. 1, of the Pitlsylvania County Board of Supervisors' Bylaws. Mr. Warren opened the public hearing at 7:32pm. Mr. Hunt explained Articles 1.2, 2. 1, and 2.6 proposed amendments that would reflect the Board's intention of holding one Board meeting a month instead of the current two meetings a month schedule. The proposed meeting schedule would be to meet the P Tuesday of each month, beginning at 4:30pm; Work Session with staff from 4:30pm until 6pm; Dinner from 6pm — 7pm; Public Hearings, if any, beginning at 7pm; Regular meeting following any public hearings (if any); meeting in November to be held P95 Regular Meeting February 6, 2017 November 28, 2017 due to Thanksgiving holiday schedule. The proposed amendment to Article 5.1 would increase the 10 -Day Layover requirement threshold to $50,000. Richard Shumate of the Westover District commented that he did not agree with the Board reducing their meetings to once a month. The citizens of the County, under Hearing of the Citizens, only had 3 minutes to speak to the Board at each meeting with their concerns and that would be reduced to 3 minutes once a month. He further stated that the Board's salaries were just increased last year, and now they were reducing their meeting schedule in half. No one else signed up to speak and Mr. Warren closed the hearing at 7:34pm. Motion was made by Mr. Blackstock, seconded by Mr. Barber, to approve amending Articles 1.2, 2.1, 2.6, and 5.1 as presented. Mr. Barksdale thanked Mr. Shumate for his comments and submitted the following comments: "With no intend to disrespect any members of the Board, there is no business necessity to warrant going to one meeting a month. Having less interaction, with the emphasis on less, amongst Board and staff will not add value to anything we do. Personally, meeting once a month raises my expectations of the Board. The Board attendance at meetings, involvement in local activities and events, should improve tremendously. " Mr. Barksdale further commented that regardless of the vote, he would continue to be active in the aforementioned. No other comments were made. The following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock - Yes; Mr. Scearce-Yes; Mr. Davis -No; Mr. Barksdale -No; and Mr. Warren -Yes. Mr. Blackstock's motion carried by a 5-2 majority vote of the Board, with Mr. Barksdale and Mr. Davis opposing. This concluded the public hearings. Unfinished Business At the Board of Supervisors' meeting on January 17, 2017, a motion was made by Mr. Barksdale, seconded by Mr. Davis, the reappropriation of $59,470.46 as follows: $226.66 to Board of Supervisors -Travel (100-4-011010-5500), $1,000.00 to Circuit Court -Salaries & Wages (100-4-021100-1100), $6.00 to Circuit Court -Meals for Jurors (100-4-021100-6002), $100.00 to Clerk of Court -Copier Lease, $5.02 to Sheriff -Postage (100-4-031200-5210), $200.00 to Sheriff - Undercover Account (100-4-031200-6024), $250.00 to Sheriff -Parts (100-4-031200-6030), $326.67 to Extradition (100-4-033100-5550), $32.00 to Jail -Food Supplies (100-4-033100- 6002), $9,086.64 to E911 -Telephone (100-4-035500-5230), $.54 to Landfill -Engine Accessories (100-4-042300-6032), $908.00 to CPMT-Pool Programs (100-4-053500-7003), $35.00 to Recreation -Park Maintenance (100-4-071100-60065), $4,599.61 to Library -Telephone (100-4- 073100-5230), $34,854.72 to Library -Internet Services (100-4-073100-5240), $5.00 to Victim/Witness-Travel (250-4-021900-5500), $7,834.60 to WIA-Rent (251-4-353853-6014). This motion 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. Barksdale -Yes; and Mr. Warren -Yes. Mr. Barksdale's motion was unanimously approved by the Board. News Business Financial Matters The Finance Committee met at4:30pm on February 6, 2017 and had no recommendations for the Board of Supervisors at this time. Motion was made by Mr. Barber, seconded by Mr. Barksdale, to approve a reappropriation of $19,244.06 as follows: $117.39 to Fleet -Travel (100-4-012520-6008), $100.00 to Clerk of Court -Copier Lease, $1.18 to Comm Atty.-Office Supplies (100-4-022100- 6001), $150.00 to Sheriff -Undercover Account (100-4-031200-6024), $2,037.31 to Sheriff - Capital Outlay -Vehicles (100-4-031200-8105), $35.75 to Extradition (100-4-033100-5550), P96 Regular Meeting February 6, 2017 $62.00 to Jail -Food Supplies (100-4-033100-6002), $100.00 to Animal Control -Donations (100- 4-035100-5883), $42.73 to B&G-Bldg Maint Supplies (100-4-043100-6007), $1,593.58 to Library -Office Supplies (100-4-073100-6001), $425.99 to Library -Furniture & Fixtures (100-4- 073100-6003), $1.33 to Library -Bldg Maint Supplies (100-4-073100-6007), $540.00 to Library - Books & Subscriptions (100-4-073100-6012), $14,036.80 to WIA-Rent (251-4-353853-6014). This motion required a 10 -Day Layover. Kim Van Der Hyde, Director of Finance, explained that Mark W. Scarce, Clerk of Court received notification from the State Compensation Board that there are additional technology trust funds available to Pittsylvania County in the amount of $14,300.00 for FY 2017. These funds will be used for office supplies and data processing. These funds will be reimbursed 100% from the State Compensation Board. Therefore, the following budget amendment needs to be approved and the monies appropriated from the State Compensation Board. 100-4-021600-3161 12,000.00 100-4-021600-6001 2.300.00 14,300.00 Motion was made by Mr. Barksdale, seconded by Mr. Davis, to appropriate $14,300.00 to the Clerk of Court Budget and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes. Mr. Barksdale's motion was unanimously approved by the Board. Mr. Smitherman explained that Patrick Henry Community College is a 501(c)(3) non- profit organization holding the following properties within Pittsylvania County: GPIN 2420-52- 1667; 2420-53-0687; 2420-64-1663; 2420-4-2210; and 2420-41-1685 and had submitted applications to the Office of the Commissioner of the Revenue requesting tax exemption on these properties. Pittsylvania County Code § 6-6.3 requires a public hearing for citizen input on proposed amendments to that section before the Board of Supervisors could approve granting such types of tax exemptions. Motion was made by Mr. Blackstock, seconded by Mr. Barksdale, to authorize staff to advertise a public for citizen input on Patrick Henry Community College's application for tax exemption on the aforementioned properties, which was unanimously approved by the Board. Lisette Jordan, Human Resources Manager, presented modifications of the County's Personnel Policies Manual, as permitted by Section 1.1 of said manual. The modifications include the following: • Section 6.2, F (Donation of Vacation Leave), page 20. Section removed. • Section 6.2, G, 5a (Sick Leave Bank - Procedures Concerning Use), page 21. Sentence added: employees do not accrue leave until he/she returns to work. • Section 6.3 (Hybrid Leave Program), page 23. Paid status is when an employee physically returns to work. Regardless of VRS plan type, employees will not accrue vacation and sick time when out on leave. • Section 6.3 (Hybrid Leave Program), page 24. Remove section 6, no longer applies. • Section 6.5 (Injury Leave) remove wording "leave without pay" replace with "workers' compensation." P97 Regular Meeting February 6, 2017 • Section 16.2 Coverage of Personnel, Grievance. Wording narrowed to full -rime employees. Other classifications are covered by required Equal Employment Opportunity and Department of Labor laws. • Section 19.4 (Workers' Compensation) third paragraph revised wording — employee will receive regular salary according to Section 6.5 (Injury Leave). The County will be reimbursed wages it pays to the employee in the amount of 66 2/3 percent from workers' compensation. Removed wording in sixth paragraph "leave without pay" replace with "workers' compensation." See attached for Sections 6.5 & 19.4. Ms. Jordan further explained the definition of paid status is actively at work relative to benefits. Personnel covered under the grievance process is narrowed to full-time employment. The donation of vacation leave will be removed from the manual in order to prevent any conflict, and perception of bias between departments and amongst staff. Donation requests approved prior to the date of Board of Supervisors' approval of the manual's modifications (02-06-2017) will be honored. Motion was then made by Mr. Barksdale, seconded by Mr. Davis, to approve the modifications to the County's Personnel Policies Manual as presented with an effective date of 02-06-2017, which was unanimously approved by the Board. Matt Rowe, Director Economic Development, explained County Staff has been working with the Southern Virginia Multimodal Park, LLC (SVMP, LLC) to create and develop a world class industrial park on 800 acres in Hurt, VA, that is anchored by an intermodal facility. Staff has successfully coordinated a feasibility analysis of the site for a possible inland port facility, as was recently highlighted through a signed and executed Memorandum of Understanding with numerous stakeholders. Staff has also been working with neighboring locales to begin the creation of a multi -jurisdiction and regional effort to assist in facilitating the location of large industry to the site that would greatly impact the region. The result of this effort is the proposed creation of an additional Regional Industrial Facility Authority; the Staunton River Regional Industrial Facility Authority (SR RIFA). County Staff has initiated an effort of creating a revenue -and -cost sharing mechanism amongst neighboring locales and regions, and SVMP, LLC, for the purpose of developing the Southern Virginia Multimodal Park in Hurt, VA. Staff has had productive conversations and has regional support for a second, larger Regional Industrial Facility Authority. As is currently proposed, Pittsylvania County, Town of Hurt, City of Danville, and Town of Altavista, would comprise the membership of the Staunton River Regional Industrial Facility Authority. The letter of intent is simply a mechanism that all mentioned locales must approve to show support for the concept, and to direct their respective staffs to work together to create the required by- laws and ordinances to establish the Authority. The document also states that all approving locales support the location of Virginia's second inland port site in Hurt, VA. If approved by all governing bodies, there will be a formal Letter of Intent signing ceremony at the Willows of Runk and Pratt in Hurt, VA, at 1.000m on February 23, 2017, NOT, the February 16`" date previously stated in the Board's packet. Local, regional, and State dignitaries and representatives would likely be on -hand to celebrate the region's, and regions', willingness to work together. This type of an agreement, stated Mr. Rowe, is highly encouraged by Virginia's GoVirginia economic development program. As currently scheduled, this Letter of Intent is expected to be considered by the Town of Hurt and City of Danville at their respective council meetings on February 7d, and by the Town of Altavista's council on February 14 . Motion was made by Mr. Blackstock, seconded by Mr. Barksdale, to approve the Letter of Intent as explained by Mr. Rowe, which was unanimously approved by the Board. P98 February 6,206 004Staunton River RIFA. Regional Inci«Strial Facility Authority LETTER OF INTENT TO CREATE THE STAUNTON RIVER REGIONAL INDUSTRIAL FACILITY AUTHORITY The following Letter of Intent, dated this February 23, 2017, formally documents the desire and intent of the involved parties to create a potential Regional Industrial Facility Authority (to be known as the Staunton River Regional Industrial Facility Authority), in accordance with the Virginia Regional Industrial Facilities Act, Title 15.2, Chapter 64, Code of Virginia, 1950, as amended. Involved Parties: Pittsylvania County, Virginia; Town of Hurt, Virginia; Town of Altavista, Virginia; City of Danville, Virginia; and Southern Virginia Multimodal Park, LLC, a North Carolina limited liability company. Prooertv: Seven parcels of land totaling 800 +/- contiguous acres (GPIN# 2545-69-2418; 2546-30-5577; 2545-48- 6913; 2546-63-7181; 2546-12-3690; 2546-02-6006; and 2546-03-9755) comprising the property known and marketed as the Southern Virginia Multimodal Park in the Town of Hurt, Virginia. Purpose: The involved parties' purpose for creating the Staunton River Regional Industrial Facility Authority is to improve the regional economy through the attraction of global industry to the property, and the establishment of an intermodal facility on the property that will serve the region and will be publicly recognized as Virginia's second inland port. Virginia Inland Port: The involved parties hereby recognize the importance of working collaboratively together and with local, State, and Federal representatives, and other public and private stakeholders to establish a Virginia Inland Port on the property. The involved parties also acknowledge that the property is well suited for an inland port due to its efficient rail and highway access, and that such a facility would greatly benefit the region through the creation of jobs and the induction of significant private capital investment. Terms and Conditions: The terms and conditions of the Staunton River Regional Industrial Facility Authority shall be developed and enacted through the adoption of an ordinance by August 23, 2017, six months from the date of this letter of intent. Involvement from involved parties may range from marketing the property, to providing utilities to the property, to cost -revenue sharing on a project -by -project basis on the property. Public Information: The Involved parties recognize and agree that this Letter of Intent shall become a public document. Intent: This letter expresses only the intent of the involved parties and, notwithstanding anything herein to the contrary, is not (and shall not be deemed to be) a legally binding agreement. Robert W. "Bob" Warren Chairman, Board of Supervisors, Pittsylvania County Mike Mattox Mayor, Town of Altavista ary Poindexter Mayor, Town of Hurt John Gilstrap '�_..J,Vay SVMP, LLC P99 xeguiar meenug February 6, 2017 Mr. Vaden Hunt, County Attorney, explained The Commonwealth of Virginia, Department of Military Affairs ("DMA") is the owner of the property located on the West side of South Main Street (U.S. Highway No. 29) near the intersection of Memorial Drive and South Main Street in the Town of Chatham, Virginia, in Pittsylvania County, Virginia, known as the Chatham Readiness Center ("Chatham Armory"). Recently, the DMA decommissioned the Chatham Armory. DMA has agreed to sell the Chatham Armory to Pittsylvania County, Virginia (the "County"), for $1.00. Currently, the County is utilizing the Chatham Armory for recreational purposes, deemed a valid "public interest" by the Commonwealth of Virginia (the "Commonwealth"). The Commonwealth has stated in the email attached hereto as Exhibit "A," that as long as the Chatham Armory is being used for the "public interest" when ownership is transferred, the Commonwealth is satisfied, and said "public interest" requirement "does not need to be a promise of that in perpetuity." Mr. Hunt further stated if the Board of Supervisors desires to own the Chatham Armory, Staff recommended the Board pass Resolution 2017-02-01, authorizing the transfer of ownership of the Chatham Armory from the DMA to the County via deed. Motion was made by Mr. Barksdale, seconded by Mr. Barber, to approve Resolution 2017-02-01 and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman - Yes; Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes. Mr. Barksdale's motion was unanimously approved by the Board. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2017-02-01 RESOLUTION AUTHORIZING CHATHAM ARMORY ACQUISITION WHEREAS, the Commonwealth of Virginia, Department of Military Affairs ("DMA") is the current owner of the decommissioned property located on the West side of South Main Street (U.S. Highway No. 29) near the intersection of Memorial Drive and South Main Street in the Town of Chatham, Virginia, in Pittsylvania County, Virginia, known as the Chatham Readiness Center ("Chatham Armory"); WHEREAS, the Pittsylvania County Board of Supervisors (the "Board") desires to acquire the Chatham Armory; and WHEREAS, DMA has agreed to sell the Chatham Armory to Pittsylvania County, Virginia (the "County"), for $1.00; and WHEREAS, the Board and the County intend to use the Chatham Armory for the public interest. NOW THEREFORE, BE IT RESOLVED by the Board that the Pittsylvania County Administrator and/or the Board Chairman is hereby authorized to execute all necessary documents to acquire on behalf of the County and the Board the Chatham Armory; and, the County Attorney is hereby authorized to record a Deed effectuating the same. P100 Regular Meeting February 6, 2017 Motion was then made by Mr. Barber, seconded by Mr. Barksdale, to authorize the Chairman to sign all necessary documents and for the County Attorney to put the deed to record, and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes. Mr. Barber's motion was unanimously approved by the Board. This Deed is exempt from recordation taxes and fees under Virginia Code §§58.1-81] (A) (3), 58.1-811(C)(4), and 58.1- 811(C)(5) Prepared by. The Office of theAttorney General of Virginia Tae Map ID # 1425-09-3450 Cash Consideration: $1.00 Actual Value: $295,000.00 DEED This DEED, dated this day of 2017, by and between the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF MILITARY AFFAIRS, Grantor, and the COUNTY OF PITTSYLVANIA, VIRGINIA, a political subdivision of the Commonwealth of Virginia, Grantee, whose address is 1 Center Street, Chatham, Virginia 24531. WITNESSETH: WHEREAS, Grantor owns certain real property, together with the improvements thereon (collectively, the "Property"), located Southwest of the Town of Chatham in the County of Pittsylvania, Virginia, which Property is held in the possession of the Virginia Department of Military Affairs ("DMA"); and WHEREAS, the Property comprises a portion of the facility known as the Chatham Readiness Center, located on the West side of South Main Street (U.S. Highway No. 29) near the intersection of Memorial Drive and South Main Street in said Pittsylvania County; and, WHEREAS, Virginia Code § 2.2-1150(A)(1) provides that "[w]hen it is deemed to be in the public interest ... [p]roperty owned by the Commonwealth may be sold ... to political subdivisions ... for such consideration as is deemed proper," subject to specified approvals set forth in Virginia Code § 2.2-1150(B); and WHEREAS, as evidenced by the execution of this Deed, it is deemed to be in the public interest to convey the Property to Grantee, because Grantee is using the Property for the public interest and benefit, with the approval of the Governor, and in a form approved by the Attorney General. Pi 01 Regular Meeting February 6, 2017 NOW, THEREFORE, FURTHER WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00), cash in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and pursuant to Virginia Code §§ 2.2-1150, Grantor does hereby QUITCLAIM unto the Grantee, the Property, more fully described as follows to wit: All of the following described real estate lying and being in the Town of Chatham, Pittsylvania County, Virginia, on the West side of South Main Street (U.S. Highway No. 29) and beginning at a point on the Western margin of said street and comer with public driveway and with the public driveway and along dividing line of area "C" as shown on map S 813/4' E 386 1/2 feet to a point on public drive designated as area "A" on map and thence with said area "A" S 1 3/4° E 314 feet to a point comer with area `B" and public driveway and continuing with the northern line of area `B" S 841/4° E 327 feet to a point on the western margin of Main Street, thence with the street and on a curve in a northern direction 406 feet to the beginning as shown on a map made by J.S. Carter, C. E., February, 1940. BEING a portion of the same property conveyed to the Commonwealth of Virginia, Department of Military Affairs, by Deed from the Board of Supervisors Pittsylvania County, Virginia, dated April 29, 1954, and recorded on April 5, 1955, in the Clerk's Office of the Circuit Court of Pittsylvania County, Virginia, in Deed Book 358, page 581. The Property is conveyed in its "AS IS" condition, without warranty or representation as to the acreage, boundary lines, condition, value, permitted use of the Property after the expiration of the use restriction set forth in the paragraph below, or presence on the Property of any toxic or hazardous substances or materials of any nature, including but not limited to petroleum, lead, radon, asbestos, or asbestos-related materials. This conveyance is made expressly subject to (i) any and all rights, privileges, covenants, easements, conditions, restrictions, and agreements as are of record, insofar as they may be lawfully applicable to the Property, (ii) any unrecorded utility easements, including any relocated easements for utilities and any relocated utility lines and related facilities, on, under or across the Property, and (iii) any and all prior grants, conveyances and/or reservations of the coal, oil, gas, including coalbed methane gas, stone, sand, minerals, and/or other subsurface rights or interests, as are of record, insofar as they may be lawfully applicable to the Property; and, to the extent of any such prior grants, conveyances and/or reservations of coal, oil, gas, including coal methane gas, stone, sand, minerals and/or other subsurface rights and interests therein, the same are excluded from this conveyance. In compliance with Virginia Code § 15.2-1803, this Deed, and the conveyance of the Property described above, have been accepted by Grantee, pursuant to a Resolution of the Board P102 .,6 February 6,2017 of Supervisors of the County of Pittsylvania, Virginia (the "Board"), duly adopted at a meeting of said Board held on the 6`s day of February, 2017. A copy of said Resolution is attached to this Deed as Exhibit "A". Further, acceptance of this Deed and the conveyance of the Property described above to Grantee, is evidenced, below, by the execution of this Deed on behalf of said County by the Grantee's undersigned duly authorized official. This transaction has been approved by the Governor of Virginia, acting through the Secretary of Administration, pursuant to Virginia Code §§ 2.2-1150(A)(1) and 2.2-1150(B) of, and other applicable law, as evidenced by the following or attached approval, which is incorporated herein by reference. WITNESS the following signatures and seals GRANTOR: COMMONWEALTH OF VIRGINIA, DEPARTMENT OF MILITARY AFFAIRS BY: Major General Timothy P. Williams, Adjutant General of Virginia COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to -wit: The foregoing Deed was acknowledged before me this day of 2017, by Major General Timothy P. Williams, acting in his capacity as Adjutant General of Virginia of the Department of Military Affairs of the Commonwealth of Virginia, on behalf of the Department and the Commonwealth of Virginia, in the jurisdiction aforesaid. My Commission expires: Notary's Registration No. Notary Public GRANTEE: COUNTY OF PITTSYLVANIA, VIRGINIA, a political subdivision the Commonwealth of Virginia BY: Robert W. Warren Chairman; Pittsylvania County Board of Supervisors COMMONWEALTH OF VIRGINIA COUNTY OF PITTSYLVANIA, to -wit: The. foregoing Deed was acknowledged before me this day of , 2017, by Robert W. Warren, acting in his capacity as Chairman of the Board of Supervisors of Pittsylvania County, Virginia, on behalf of the said County. P103 Regular Meeting February 6, 2017 My Commission expires:, Notary's Registration No. Notary Public APPROVED AS TO FORM By: J. Vaden Hunt, Esq. Pittsylvania County Attorney APPROVED AS TO FORM By: Allison A. Kotula Assistant Attorney General RECOMMEND APPROVAL: DEPARTMENT OF GENERAL SERVICES By: Christopher L. Beschler, Director APPROVAL BY THE GOVERNOR: Pursuant to Virginia Code § 2.2-1150, and as the official designee of the Governor of Virginia, as authorized and designated by Executive Order NO.88 (01), dated December 21, 2001, I hereby approve the conveyance of the property described in the attached or foregoing Deed, and the execution of this instrument for, on behalf of, and in the stead of the Governor of Virginia. Return recorded Deed to: Secretary of Administration Date EXHIBIT "A" Copy of Resolution of the Board of Supervisors of the County of Pittsylvania, Virginia, duly adopted at a meeting of said Board held on the 6s' day of February, 2016. Adiournment Motion was made by Mr. Barber, seconded by Mr. Hagerman, to adjourn, which was unanimously approved by the Board. The meeting adjourned at 8:10pm. Robert W. "Bob" Warren, Chair Pittsylvania County Board of Supervisors David M. Smitherman, Clerk Pittsylvania County Board of Supervisors P104 February 21, 2017 Business Meeting Pittsylvania County Board of Supervisors Business Meeting February 21, 2017 VIRGINIA: The Business meeting of the Pittsylvania County Board of Supervisors was held on Monday, February 21, 2017 in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia. Chair Robert W. "Bob" Warren, called the meeting to order at 7:00 p.m. The following members were present: Tim R. Barber Joe B. Davis Ronald S. Scearce Jessie L. Barksdale Jerry A. Hagerman Elton W. Blackstock, Jr Robert W. Warren Tunstall District Dan River District Westover District Banister District Callands-Gretna District Staunton River District Chatham -Blairs District Mr. David M. Smitherman, County Administrator and Clerk of the Board; Mr. J. Vaden Hunt, County Attorney; Mr. Greg L. Sides, Assistant County Administrator for Planning & Development; Mr. Odie H. Shelton, Jr., Director of Code Compliance, Mr. Matt Rowe, Director of Economic Development, Ms. Kim Van Der Hyde, Director of Finance, and Rebecca Flippen, Deputy Clerk were also present. After a Moment of Silence, Mr. Warren led the Pledge of Allegiance. Approval of Agenda Motion was made by Mr. Barber, seconded by Mr. Blackstock, to approve the agenda with the addition of Resolution 2017-02-04 under the Consent Agenda, which was unanimously approved by the Board Hearing of the Citizens No one signed up to speak. Consent Agenda Motion was made by Mr. Barber, seconded by Mr. Blackstock, to approve the Consent Agenda, which was unanimously approved by the Board. (a) Proclamation — National Agriculture Day — March 21, 2017 (b) Resolution 2017-02-04 Designated Marketing Organization pittl;ptbauia clCouutp T;ffioarb of *uperbiooro 3prodamatiou NATIONAL AGRICULTURE DAY March 21, 2017 "FOOD FOR LIFE tt WHEREAS, agriculture development in Pittsylvania County is one of the major economic resources of the County and ranks in the top 10 of Agribusiness Counties in the Commonwealth; and P105 Ro-Organmtion Meeting January 3, 2017 WHEREAS, the Virginia Department of Agriculture and Consumer Services suggests this a perfect opportunity to give credit to the farmers of our state and county; and WHEREAS, National Agriculture Day is an important celebration in Virginia because agriculture is the Commonwealth's largest industry that contributes $55 billion to the state's economy each year, and over $62 million in agriculture receipts based on crops and livestock in Pittsylvania County; and WHEREAS, agriculture in the Commonwealth is a diversified industry with products encompassing livestock, field crops, fruits, vegetables, poultry, dairy, aquaculture, vineyards, and more; and the mild climate and rich soil of Virginia provide an environment in which crops are harvested nearly year -around; and WHEREAS, in the 1960s one farmer supplied food for 25.8 persons in the U.S. and abroad. Today, one farmer supplies foodfor 155 people in the U.S. and abroad; and WHEREAS, every Virginian should understand how food, fiber and renewable resource products are produced and should value the essential role of agriculture in maintaining a strong economy, and appreciate the role Virginia agriculture plays in providing safe, abundant, and affordable products; and WHEREAS, because only two percent of the population is engaged in production of agriculture, basic knowledge about and experience with the industry is on the decline, and National Agriculture Day helps young people to understand and consider career opportunities in the agriculture, food and fiber industries; then BE IT HEREBY PROCLAIMED by the Pittsylvania County Board of Supervisors that March 21, 2017 be proclaimed "National Agriculture Day" in Pittsylvania County and all citizens of Pittsylvania County are encouraged to thank a farmer for the products they provide which enrich our daily lives and urges parents, grandparents, and educators to inform young children on the importance of local agriculture and to consider career opportunities in the agriculture, food and fiber industries. pttt6ptbauta Couutp 7,1413oarb of �&uperbi ori RESOLUTION 2017-02-04 WHEREAS, Pittsylvania County has been blessed with a landscape of acclaimed scenic beauty and a rich historical heritage of both structures and people; and, WHEREAS, Pittsylvania County has tremendous tourism opportunities in history, recreation, agritourism, meetings and events, and countless other attractions that increase visitor expenditures, tax revenues, and employment in the County; and WHEREAS, a Danville-Pittsylvania County planning team formulated a tourism plan for the region which was presented to the Pittsylvania County Board of Supervisors in 2016; and P106 Re Organization Meeting January 3, 2017 WHEREAS, the Pittsylvania County Board of Supervisors approved the tourism plan, provided funding for 2016-17, and made appointments to a Tourism Advisory Committee created under the umbrella of the Danville Pittsylvania County Chamber of Commerce; and WHEREAS, the County's ability to attract state tourism grants, marketing support and resources, and the recognition of other regions require the identification of a Designated Marketing Organization (DMO); and WHEREAS, the Designated Marketing Organization (DMO) for the region is uniquely qualified to be the best first point of contact for any meeting or event in Pittsylvania County because of the organization's comprehensive view of the destination, local expertise, extensive in -market relationships, and complimentary services; NOW, THEREFORE BE IT RESOLVED, that the Pittsylvania County Board of Supervisors designates the Danville Pittsylvania County Chamber of Commerce as the Designated Marketing Organization (DMO) for Pittsylvania County, Virginia. Public Hearin¢s Rezoning Cases Case 1: Zada Singleton — Staunton River Election District R-17-004 R-1, Residential Suburban Subdivision District to A-1, Agricultural District Mr. Warren opened the hearing at 7:03pm. Mr. Shelton explained that Zada Singleton had petitioned to rezone 2.50 acres, located on State Road 638/Roark Mill Road and on State Road 640/ Wards Road in the Staunton River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. The Planning Commission, with no opposition, recommended granting the petitioner's request. Danny Singleton was there to represent the petition. No one signed up to speak and Mr. Warren closed the hearing at 7:04pm. Motion was made by Mr. Blackstock, seconded by Mr. Davis, to approve rezoning Case R-17-004 from R-1 to A-1 and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes. Mr. Blackstock's motion to rezone Case R-17-004 from R-1 to A-1 was unanimously approved by the Board. Case 2: Hollywood Baptist Church — Callands/Gretna Election District R-17-005 R-1, Residential Suburban Subdivision District to A-4 Agricultural District Mr. Warren opened the public hearing at 7:05 pm. Mr. Shelton explained that Hollywood Baptist Church had petitioned to rezone 1.56 acres, located on Highway 57/Callands Road and on State Road 821/Weal Road in the Callands-Gretna Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. The Planning Commission, with no opposition, recommended granting the petitioner's request. Ryan Gatewood with LE&D Professionals, P.C., and Karle Byrd, Trustee of Hollywood Baptist Church, was there to represent the petition. No one signed up to speak and Mr. Warren closed the hearing at 7:07pm. Motion was made by Mr. Hagerman, seconded by Mr. Barber, to approve rezoning Case R-17- 005 from R-1, Residential Suburban Subdivision District to A-1, Agricultural District and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock - Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes. Mr. Hagerman's motion to rezone Case R-17-005 from R-1, Residential Suburban Subdivision District to A-1, Agricultural District was unanimously approved by the Board. P107 Re Organi bon Meeting January 3, 2017 Case 3: Jason Karl Keesee — Callands-Gretna & Banister Election Districts R-17-006 R-1, Residential Suburban Subdivision District to A-1, Agricultural Mr. Warren opened the public hearing at 7:08pm. Mr. Shelton explained that Jason Karl Keesee had petitioned to rezone 7.00 acres, located off U.S. Highway 29 (off Dual Track Road) in the Callands-Gretna and Banister Election Districts from R-1, Residential Suburban Subdivision District to A-1, Agricultural District. Once the property is rezoned to A-1, all uses listed under Section 35-178 are a permitted use. The Planning Commission, with no opposition, recommended granting the petitioner's request. Jason Keesee was there to represent the petition. No one signed up to speak and Mr. Warren closed the hearing at 7:1Opm. Motion was made by Mr. Hagerman, seconded by Mr. Blackstock, to approve rezoning Case R-17-006 from R-1, Residential Suburban Subdivision District to A-1, Agricultural District and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock -Yes; Mr. Scearce- Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes. Mr. Hagerman's motion to rezone Case R-17-006 from R-1, Residential Suburban Subdivision District to A-1, Agricultural District was unanimously approved by the Board. Public Hearing Public hearing to receive citizen input on the proposed amendment to Chapter 6-6.3, Property Exempt by Classification or Designation, of the Pittsylvania County Code. The proposed amendment would establish a tax exempt status for real property owned by Patrick Henry Community College. Mr. Warren opened the public hearing at 7:12pm. The Board was informed that Patrick Henry Community College is a 501(c)(3) non-profit organization holding the following properties within Pittsylvania County: GPIN 2420-52-1667; 2420-53-0687; 2420-64-1663; 2420-4-2210; and 2420-41-1685, and has submitted applications for tax exempt status for these properties. Staff has duly advertised a public hearing notice for citizen input on proposed amendments to Pittsylvania County Code § 6-6.3, Property Exempt by Classification or Designation, as required before the Board of Supervisors could approve granting such types of tax exemptions. The Honorable Shirley Y. Hammock, Commissioner of the Revenue, had submitted by letter a breakdown of the assessed value and exempt levy for each property. The total assessed value was $375,500 and the total exempt levy at $0.59 per $100 is $2,215.45. Jack Hanberry, Vice - President for Financing Administration for Patrick Henry Community College and representing the Foundation holding the property, was present. Mr. Hanberry stated the properties were donated to the college, and once sold, the monies go to the Real Estate Foundation of which distributes scholarships for students attending PNCC., No one else signed up to speak and Mr. Warren closed the hearing at 7:14pm. Motion was made by Mr. Blackstock, seconded by Mr. Barber, to approve Patrick Henry Community College's application for the aforementioned properties to be classified as tax exempt and amend Pittsylvania County Code § 6-6.3, Property Exempt by Classification or Designation to reflect this exemption to following properties held by PHCC within Pittsylvania County: GPIN 2420-52-1667; 2420-53-0687; 2420-64-1663; 2420-4- 2210; and 2420-41-1685, and the following Roll Call Vote was recorded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes. Mr. Blackstock's motion was unanimously approved by the Board. Unfinished Business At the Board of Supervisors' meeting on February 6, 2017, a motion was made by Mr. Barber, seconded by Mr. Barksdale, to approve a reappropriation of $19,244.06 as follows: $117.39 to Fleet -Travel (100-4-012520-6008), $100.00 to Clerk of Court -Copier Lease, $1.18 to Comm Atty.-Office Supplies (100-4-022100-6001), $150.00 to Sheriff -Undercover Account (100-4-031200-6024), $2,037.31 to Sheriff -Capital Outlay -Vehicles (100-4-031200-8105), P108 January 3,2017 $35.75 to Extradition (100-4-033100-5550), $62.00 to Jail -Food Supplies (100-4-033100-6002), $100.00 to Animal Control -Donations (100-4-035100-5883), $42.73 to B&G-Bldg Maint Supplies (100-4-043100-6007), $1,593.58 to Library -Office Supplies (100-4-073100-6001), $425.99 to Library-Fumiture & Fixtures (100-4-073100-6003), $1.33 to Library -Bldg Maint Supplies (100-4-073100-6007), $540.00 to Library -Books & Subscriptions (100-4-073100- 6012), $14,036.80 to WIA-Rent (251-4-353853-6014). This motion 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. Barksdale -Yes; and Mr. Warren -Yes. Mr. Barber's motion was unanimously approved by the Board. News Business Financial Matters The Finance Committee met at 4:30pm. No recommendations were submitted for the Board's consideration. Kim Van Der Hyde, Finance Director, explained Pittsylvania County was awarded a tobacco grant in the amount of $811,526 for the SoVA Vineyard Development and Expansion to Support Virginia's Wine Industry project. This grant did involve multi jurisdictional partners, however, Pittsylvania County would serve as the fiscal agent and must be appropriated in the County's budget. This grant does not require a local match from the County. This grant was approved by the Tobacco Commission on January 12, 2016. Ms. Van Der Hyde further explained the Board of Supervisors needed to appropriate a total of $811,526 to the SoVA Vineyard Development and Expansion to Support Virginia's Wine Industry Project in the Industrial Development Fund (Fund 325). Motion was made by Mr. Blackstock, seconded by Mr. Davis, to amend the Economic Development budget and appropriate $811,526 of Tobacco Funds to the SoVA Vineyard Development and Expansion to Support Virginia's Wine Industry Project. The following Roll Call Vote was recoded: Mr. Barber -Yes; Mr. Hagerman -Yes; Mr. Blackstock -Yes; Mr. Scearce-Yes; Mr. Davis -Yes; Mr. Barksdale -Yes; and Mr. Warren -Yes. Mr. Blackstock's motion was unanimously approved by the Board Vaden Hunt, County Attorney, explained the Southside Soccer Club has requested to lease from the Pittsylvania County Board of Supervisors fields and three (3) outbuildings located at the old Blairs Middle School for youth soccer purposes. Per Virginia Code §15.2-1800, a public hearing is legally required to lease County -owned property. Motion was made by Mr. Blackstock, seconded by Mr. Barksdale, to authorize staff to advertise the required public hearing, which was unanimously approved by the Board. Board Announcements Mr. Scearce reminded everyone of the Friends of the NRA Banquet to be held at IALR on Thursday, February 23, 2017 at 5:00pm. Mr. Blackstock reminded everyone of the Letter of Intent Signing Ceremony to be held at The Willows on February 23, 2017 at 1:00pm. County Administrator Reports Mr. Smitherman reminded everyone of the Pittsylvania County Employee Services Awards on February 22, 2017 at 3:00pm; and of the Legislative Committee meeting, also on February 22, 2017, at 1:30pm. Adjournment Motion was made by Mr. Blackstock, seconded by Mr. Barber, to adjourn, which was unanimously approved by the Board. The meeting Business at 7:35pm. P109 Re -Organization Meeting January 3, 2017 Robert W. "Bob" Warren, Chair Pittsylvania County Board of Supervisors David A Smitherman, ClerK Pittsylvania County Board of Supervisors P/10 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Proclamation — National County Government 03-21-2017 6(c) Month: April 2017 ACTION: INFORMATION: SUBJECT/PROPOSAL/REOUEST: CONSENT AGENDA: Proclamation on County Government Month ACTION: INFORMATION: Yes ATTACHMENTS: STAFF CONTACT(S): Yes Mr. Smitherman REVIEWED BY: BACKGROUND: The National Association of Counties participates in the recognition of National County Government Month, of which Pittsylvania County also recognizes on an annual basis. DISCUSSION: Attached hereto is a proclamation declaring the month of April 2017 as National County Government Month in Pittsylvania County. RECOMMENDATION: Staff recommends the Board of Supervisors proclaim April 2017 as National County Government Month in Pittsylvania County and direct the County Administrator to notify all news media covering Pittsylvania County. P111 atfSpfbauia Countp J%3oorb of *uperbi org Proclamation NATIONAL COUNTY GOVERNMENT MONTH - APRIL 2017 "Brilliant Ideas at Work" R HEREAS, the nation's 3,069 counties serving more than 300 million Americans provide essential services to create healthy, safe and vibrant communities; and WHEREAS, counties move America forward by providing health care, administering justice, keeping communities safe, creating economic opportunities and much more, and WHEREAS, Pittsylvania County and all counties take pride in their responsibility to protect and enhance the health, welfare and safety of its residents in efficient and cost-effective ways; and WHEREAS, through National Association of Counties President Bryan Desloge's `Brilliant Ideas at Work" initiative, NA Co is encouraging counties to focus on the most innovative programs and services that strengthen communities; and WHEREAS, in order to remain healthy, vibrant and safe, America's counties provide public health, justice, safety, infrastructure, transportation, technology, environmental stewardship and economic services that play a key role in everything from residents' daily commutes to emergency response; and WHEREAS, each year since 1991 the National Association of Counties has encouraged counties across the country to actively promote their own programs and services to the public they serve; then NOW, THEREFORE, BE IT RESOLVED THAT, the Board of Supervisors of Pittsylvania County does hereby proclaim April 2017 as National County Government Month and encourage all county officials, employees, schools and residents to participate in county government celebration activities. Given under my hand this day 21st day of March, 2017. Robert W. "Bob " Warren, Chair Pittsylvania County Board of Supervisors David M. Smitherman, County Administrator Pittsylvania County Board of Supervisors P112 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: I AGENDA DATE: Proclamation — Annual Countywide Spring Cleanup 03-21-2017 Month; April 2017 SUBJECT/PROPOSAL/REOUEST Proclamation STAFF CONTACT(S): Mr. Smitherman ACTION: CONSENT AGENDA• ACTION: Yes ATTACHMENTS: Yes ITEM NUMBER: 6(d) INFORMATION: INFORMATION: BACKGROUND: The Pittsylvania County Board of Supervisors annually support countywide spring cleanup during the month of April. DISCUSSION: Attached hereto, you will find a proclamation from the Pittsylvania County Board of Supervisors for the countywide cleanup for April 2017. RECOMMENDATION• Staff recommends the Board of Supervisors approve the attached proclamation designating April 2017 as Countywide Spring Cleanup Month in Pittsylvania County and authorize the County Administrator to distribute a copy of the proclamation to local media sources. P113 Fatlaina ion CGUNTYWIDE SPRING CLEANUP April 2017 VIRGINIA: AT THE BUSINESS MEETING OF THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS IN THE GENERAL DISTRICT COURTROOM IN CHATHAM, VIRGINIA ON TUESDAY, MARCH 21, 2017, THE FOLLOWING PROCLAMATION WAS PRESENTED AND ADOPTED: Whereas, Pittsylvania County is rich in beauty and natural resources; and Whereas, the Board of Supervisors of Pittsylvania County strives to improve the quality of life in our community through enhanced community awareness, education, and public/private partnerships working together on projects that keep our environment clean and free of debris, beautify our neighborhoods andpublic spaces, and instill pride and a sense of ownership in our community; and Whereas, Pittsylvania County citizens realize a cleanup effort is needed to display pride in our communityfor ourselves, our visitors, and for industrial prospects; and Whereas, all people, regardless of race, gender, income, or geography, have a moral right to a healthy, sustainable environment with economic growth; and Whereas, all residents of Pittsylvania County have a citizenship responsibility to protect and care for the beauty and natural resources of Pittsylvania County, and a countywide cleanup campaign will encourage individuals to participate in the improvement of their community's environment through the three main focus areas of litter prevention, waste reductions and recycling, and beautification; then Now, Therefore, Be It Proclaimed, that the Pittsylvania County Board of Supervisors proclaims April 2017 as Countywide Spring Cleanup Month in Pittsylvania County, Virginia, and encourages all communities, civic and professional groups, businesses, churches, schools, families and individual citizens to take an active role in making the communities in Pittsylvania County a more beautiful place to live, work and play. Given under my hand this day 21s` day of March, 2017. Robert W. "Bob" Warren, Chair Pittsylvania County Board of Supervisors David M. Smitherman, County Adminstrator Pittsylvania County Board of Supervisors P114 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Proclamation — Sexual Assault Awareness Month; April 2017 SUBJECT/PROPOSAL/REOUEST• Proclamation STAFF CONTACT(S): Mr. Smitherman BACKGROUND: AGENDA DATE: 03-21-2017 ACTION: CONSENT AGENDA: ACTION: Yes ATTACHMENTS: Yes REVIEWED BY: ITEM NUMBER: 6(e) INFORMATION: INFORMATION: DISCUSSION: Attached hereto, you will find a proclamation from the Pittsylvania County Board of Supervisors for the designating April 2017 as Sexual Assault Awareness Month in Pittsylvania County. Ms. Christina J. Bilgrav, Resident/Relief Administrative Coordinator for HAVEN for the Dan River Region, Inc., will be present to accept the proclamation. RECOMMENDATION• Staff recommends the Board of Supervisors approve the attached proclamation designating April 2017 as Sexual Assault Awareness Month in Pittsylvania County, present the proclamation to Ms. Bilgrav, and authorize the County Administrator to distribute a copy of the proclamation to local media sources. P115 Proclamation SEXUAL ASSAULT AWARENESS MONTH APRIL 2®17 WHEREAS, Sexual Assault Awareness Month calls attention to the fact that sexual violence is widespread and impacts every person in this community; and WHEREAS, rape, sexual assault, and sexual harassment harm our community, and statistics show one in five women and one in 71 men will be raped at some point in their lives; and WHEREAS, child sexual abuse prevention must be a priority to confront the reality that one in six boys and one in four girls will experience a sexual assault before age 18; and WHEREAS, young people experience heightened rates of sexual violence, and youth ages 12-17 were 2.5 times as likely to be victims of rape or sexual assault; and WHEREAS, on campus, one in five women and one in 16 men are sexually assaulted during their time n college; and WHEREAS, localities must work to educate their communities about sexual violence prevention, supporting survivors, and speaking out against harmful attitudes and actions; and WHEREAS, prevention is possible when everyone gets involved and the first step is increasing education, awareness, and community involvement and to take action to create a safer involvement for all; then NOW, THEREFORE, BE IT RESOLVED THAT, the Board of Supervisors of Pittsylvania County advocates communities across the County in taking action to prevent sexual violence, and does hereby proclaim April 2017 as Sexual Assault Awareness Month, and with each day of the year as an opportunity to create change in the future. Given under my hand this day 21s` day of March, 2017. Robert W. "Bob" Warren, Chair Pittsylvania County Board of Supervisors David M. Smitherman, County Administrator Pittsylvania County Board of Supervisors P116 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Proclamation - National Animal Care &Control Appreciation Week SUBJECT/PROPOSAL/REQUEST: Proclamation STAFF CONTACT(S): Mr. Smitherman AGENDA DATE: 03-21-2017 ACTION: CONSENT AGENDA: ACTION: Yes ATTACHMENTS: Proclamation /� REVIEWED BY: bel ITEM NUMBER: 6(f) INFORMATION: INFORMATION: BACKGROUND: Each year, the Board of Supervisors supports the Animal Control Officers in Pittsylvania County, as well as those in other jurisdictions that provide the public safety of animal control in their communities. DISCUSSION: Attached hereto, is a proclamation on Animal Care & Control Appreciation Week for the week of April 9`s -15'h, 2017. The Board of Supervisors is encouraging citizens to join in expressing their sincere appreciation and gratitude for the many hours of service provided by Animal Care & Control Officers and safety for our community. RECOMMENDATION: Staff recommends the Board of Supervisors approve the attached proclamation and direct the County Administrator to submit it to the required news media. P117 iff5p ansa Couutp Tgoarb at buperbiooro Proclamation NATIONAL ANIMAL CARE c& CONTROL APPRECIATION WEEK April 9'i' — April 15', 2017 Whereas, the National Animal Control Association has designated the second week in April each year as Animal Control Appreciation Week; and Whereas, the various Federal, State, and Local Government Officials throughout the Country take this time to recognize, thank, and commend all Animal Control Officers for the dedicated service they provide to the Citizens, various Public Safety, Public Service Agencies and Departments throughout the Country; and Whereas, the Pittsylvania County Board of Supervisors would like to express its sincere thanks and appreciation for the outstanding service the Pittsylvania County Animal Control Department who risk life and limb and spend huge amounts of personnel resources including time away from family and friends by going out into the public to protect the welfare of helpless animals and pets that are rescued from injury, disease, abuse, and starvation; and Whereas, the Pittsylvania County Animal Control personnel provide the essential community functions of enforcing Animal Control laws, protecting the public from diseases such as rabies, and educating the public on the proper care of the community's pets; and Whereas, the Pittsylvania County Board of Supervisors wishes to commend each and every Animal Control Officer for their service, which is in keeping with the long and distinguished tradition of the Animal Control Profession; then NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Pittsylvania County Board of Supervisors officially recognize and proclaim the week of April 9`h through 15'h, 2017as National Animal Care and Control Appreciation Week and respectfully asks all Citizens, Public Safety, Health, and Public Service Personnel alike to join in expressing their sincere thanks, gratitude and appreciation for the many long hours of outstanding service and quality performance these outstanding individuals provide throughout the year to assure the safety and welfare of all. Given under my hand this 21" day of March, 2017. Robert W. "Bob" Warren, Chair Pittsylvania County Board of Supervisors David M. Smitherman, County Administrator Pittsylvania County Board of Supervisors P118 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Proclamation — National Public Safety 03-21-2017 Telecommunications Week SUBJECT/PROPOSAL/REQUEST: Proclamation STAFF CONTACT(S): Mr. Smitherman ACTION: CONSENT AGENDA: ACTION: Yes ATTACHMENTS: Proclamation REVIEWED BY: 6� ITEM NUMBER: 6(g) INFORMATION: INFORMATION: BACKGROUND: The Board of Supervisors annually passes proclamations to support the dispatchers in the County E-911 Center for the work they do to provide safety for the community throughout the year. DISCUSSION: Attached hereto, is a proclamation establishing April 9-15, 2017 as National Public Safety Telecommunications Week in Pittsylvania County. The Board of Supervisors expresses their sincere appreciation and honors the men and women whose diligence and professionalism keeps the County and citizens of our community safe. RECOMMENDATION: Staff recommends the Board of Supervisors approve the attached proclamation and authorize the County Administrator to submit it to the required news media. Pi 19 vVittolbania Couutp 38oarb of �buperbi!6orq Proclamation NATIONAL PUBLICSAFETY TELECOMMUNICATIONS WEER April 9"' —1 P, 2017 Whereas emergencies can occur at any time that require police, fire or emergency medical services; and, Whereas when an emergency occurs the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property; and, Whereas the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Pittsylvania County police -fire communications center; and, Whereas Public Safety Telecommunicators are the first and most critical contact our citizens have with emergency services; and, Whereas Public Safety Telecommunicators are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them information and insuring their safety; and, Whereas Public Safety Telecommunicators of Pittsylvania County have contributed substantially to the apprehension of criminals, suppression offires and treatment ofpatients; and, Whereas each dispatcher has exhibited compassion, understanding and professionalism during the performance of their job in the past year; Therefore Be It Resolved that the Board of Supervisors of Pittsylvania County declares the week ofApril 9 through 15, 2017 to be National Public Safety Telecommunicators Week in Pittsylvania County in honor of the men and women whose diligence and professionalism keep our city and citizens safe. Given under my hand this day 21s` day of March, 2017. Robert W. "Bob" Warren, Chair Pittsylvania County Board of Supervisors David M. Smitherman, County Administrator Pittsylvania County Board of Supervisors P120 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Letter of Recognition — Pittsylvania County Public 03-21-2017 6(h) Schools' Faculty/Students of JROTC, BETA and Interact Clubs CONSENT AGENDA ACTION: Yes SUBJECT/PROPOSAL/REOUEST• Letter of Recognition STAFF CONTACT(S): Mr. Smitherman ATTACHMENTS: 1. Letter of Recognition 2.Emai1 & Letter from Dircctor,(DSS) REVIEWED BY: / Cheryl Fisk, Assistant BACKGROUND: Cheryl Fisk, Assistant Director for Pittsylvania County Department of Social Services (DSS), informed the Board of Supervisors of community efforts performed by students and faculty of the JROTC, BETA and Interact Clubs that benefits DSS clients. Ms. Fisk requested that the Board of Supervisors consider some type of recognition to the groups for the invaluable service their efforts provide. DISCUSSION: Attached hereto, is a Letter of Recognition to Dr. Mark Jones, Superintendent for the Pittsylvania County Public Schools, recognizing the efforts of faculty and students of the JROTC, BETA and Interact Clubs. Dr. Jones will be present to accept the letter on behalf of the faculty and students involved. A copy of the letter will also be provided to Chatham, Dan River and Tunstall High Schools. RECOMMENDATION: Staff recommends the Board of Supervisors approve and present the Letter of Recognition to Dr. Mark Jones. P121 Pittsylvania County SUPERVISORS Robert W. Warren, Chairman Joe B. Davis, Vice -Chairman Tim R. Bather Jessie L. Barksdale Elton W. Blackstock Jerry A. Hagerman Ronald S. Scearce Dr. Mark Jones, Superintendent Pittsylvania County Schools PO Box 232 Chatham, VA 24531 March 16, 2017 Dear Dr. Jones, BOARD OF SUPERVISORS P.O. Box 426 Chatham, VA 2,4531 David M. Smitherman County Administrator Phone (434) 432-7710 Fax (434) 432-7714 Email: david.smithennan@pittgov.mg I am writing this letter on behalf of the Pittsylvania County Board of Supervisors to recognize the efforts of the JROTC Instructors and Cadets from Chatham High School, Dan River High School, and Tunstall High School, as well as the Beta and Interact students and instructors from Chatham High School. The amount of effort and dedication they portray for doing good in our community is immense. They assist the Pittsylvania County Department of Social Services with their yearly "Project Santa Claus" to ensure that children in our community are able to have Christmas gifts. Due to the hard work and dedication from the JROTCs, Beta Club, and the Interact Club, the Department of Social Services has been able to help over 500 children per year at Christmas. Not to mention that this type of work is often done after school hours and on their own personal time. These students truly are a wonderful asset to our community and are very much appreciated. The Board also applauds the JROTC Instructors: SFC(R) Eddie Perdue, Chatham High School; Lt. Col. David King and Sgt. Major Hubert Royall, Tunstall High School; and CW2 Ronald E. Emerson, Senior Army Instructor and SFC(R) Michael Coder, Dan River High School. Melanie Wade, Rebecca Parsons, and Christy Lipscomb are the instructors of the Beta and Interact Clubs at Chatham High School and we commend them as well for their hard work, dedication, and guidance for all of their students. The efforts of the instructors and students have not gone unnoticed and are deeply appreciated. Sincerely, Robert W. Warren, Chairman Pittsylvania County Board of Supervisors Cc: Chatham High School Dan River High School Tunstall High School P122 From: Robert Warren Sent: Tuesday, February 21, 2017 9:29 PM To: David M. Smitherman <> Cc: Jessie L. Barksdale <Lessie barksdalelapittaov ora> Subject: Fwd: Hello! I thank this is a good idea Sent from my iPhone Begin forwarded message: From: "Jessie L. Barksdale" <jessie.barksdale(a�pittgov org> Date: February 21, 2017 at 2:34:07 PM EST To: Robert Warren <Robert. Warren(iDpitt ov org> Subject: FW: Hello! Mr. Chairman, I would appreciate your help with this. Thanks. Jessie Barksdake From: Fisk, Cheryl (VDSS) [chervl.fisk(&dss.vireinia govl Sent: Tuesday, February 21, 2017 2:10 PM To: Jessie L. Barksdale Subject: Hello! Good Afternoon Mr. Barksdale First let me say how disappointed I was to find out you are no longer serving on our Board. You were an amazing Board member, and I truly appreciate all of your support throughout the years. Second, I would like to follow up on the conversation we had at the December Board meeting, about the Board of Supervisors recognizing the Tunstall, Dan River and Chatham JROTC's and the Chatham Beta Club and Interact Club for all that they do for our clients each Christmas. I have attached a letter I mailed to the School Superintendent, and was just hoping that the Board could do a Resolution of Appreciation for all that these students and faculty do for our community each year. Please let me know if this is something you can help me with, and also know you will be missed on our Board. Cheryl H. Fisk P123 tPITTSYLVANIA COUNTY DEPARTMENT OF SOCIAL SERVICES SHERRY R. FLANAGAN 220 H.G. McGhee DRIVE DANVILLE DIRECTOR POST OFFICE DRAWER E (434)792-8635 CHATHAM, VIRGINIA 24531 GRETNA (434) 656$407 Phone: (434) 432-7281 Fax: (434) 432-0923 Dr. Mark Jones, Superintendent Pittsylvania County Schools PO Box 232 Chatham, VA 24531 January 19, 2017 Dear Dr. Jones: I am writing to express my sincere appreciation to the JROTC Instructors and Cadets from Chatham High School, Dan River High School and Tunstall High School, as well as the Beta and Interact students and instructors from Chatham High School. Each year, the students in these organizations stand outside in the cold conditions, and collect toys and monetary donations for the Pittsylvania County Department of Social Services "Project Santa Claus." Not only do they have to give up their weekends, they get up early, get dressed in their uniform (JROTC) and stand outside in inclement weather conditions, when most students their ages are relaxing at home in their pajamas. They establish dates with the local Wal-Mart and K -Mart stores in advance, prints brochures to hand shoppers as they enter the store, and offer heartfelt thanks to each shopper that donates to the cause. They collect toys, unload them at school and reload them in our agency vehicle, or deliver them to our agency. Referrals for needy children are made by services and eligibility staff at the Pittsylvania County Department of Social Services, and each child receives up to five donated new gifts. In the past four years, our agency has served over 500 children per year. As a result of the JROTCs, Beta Club and Interact Club students' hard work and dedication, children that would otherwise receive minimal or no Christmas gifts, are provided with Christmas gifts, and the family can have a loving Holiday Season. P124 Page Two I truly feel, that in a world that is plagued with school shootings, high drop-out rates, and a multitude of negativity aimed at the youth of today, these students exemplify the model students that put other's needs above their own, therefore making this community a better place to live. I also strongly commend the following JROTC Instructors: SFC(R) Eddie Perdue, Chatham High School; Lt. Col. David King and Sgt. Major Hubert Royall, Tunstall High School and CW2 Ronald E. Emerson, Senior Army Instructor and SFC (R) Michael Coder, Dan River High School. I would also like to recognize Melanie Wade, Rebecca Parsons and Christy Lipscomb, instructors of the Beta and Interact Clubs at Chatham High School. These instructors also sacrifice their valuable weekends and provide guidance and education, as well as serving as mentors to their students, teaching them to be giving, productive members of society. These cadets and faculty take the phrase "No Child Left Behind" to a whole new level! Sincerely, Cheryl Fisk, Assistant Director Pittsylvania County Department of Social Services cc: Randy Foster, Principal Steven Mayhew, Principal Brian Boles, Principal P125 PITTSYLVANIA COUNTY Board of Supervisors AGENDA TITLE: Purchase of Service Weapon SUBJECT/PROPOSAL/REQUEST: Purchase of Service Weapon STAFF CONTACT(S): Mr. Smitherman; Sheriff Taylor EXECUTIVE SUMMARY AGENDA DATE: 03-21-2017 ACTION• CONSENT AGENDA: ACTION: Yes ITEM NUMBER: 6(i) INFORMATION: INFORMATION: ATTACHMENTS: 1) Letter from Sheriff Michael W. Taylor 2) § 59.1-148.3(B). Purchase of handguns of certain officers; Code of Virginia, 1950, as amended REVIEWED BY: BACKGROUND: Over the years, the Pittsylvania County Board of Supervisors has approved requests to purchase service weapons issued members of the Pittsylvania County Sheriff's Office meeting the requirements under §59.1-148.3, Purchase of Handguns of Certain Officers, of the Code of Virginia, 1950, as amended. DISCUSSION: Attached hereto, is a letter from the Honorable Mike Taylor, Sheriff of Pittsylvania County, requesting approval from the Board of Supervisors that Deputy Sheriff Virginia K. Newman be allowed to purchase her issued service weapon upon retirement. §59.1-148.3, Purchase of Handguns of Certain Officers, of the Code of Virginia, 1950, as amended, covers the circumstances pertaining to officers being allowed to purchase their issued service weapons. This request meets all the requirements of the State code. (See attached). RECOMMENDATION: Staff recommends the Board of Supervisors approve Sheriff Taylor's request that Deputy Sheriff Virginia K. Newman be allowed to purchase her issued service weapon upon retirement. P126 9Nichaef-W. Thyfor Sheriff die Office of the Sheriff Pzttsy vanza County Phone - (434) 432-7800 Fax - (434) 432-7823 En1aiC-pcso@pittgay.org -Website - wlvw.pittsylvaniasheriff.org March 7, 2017 Mr. David M. Smitherman, County Administrator Pittsylvania County P. O. Box 426 Chatham, Virginia 24531 Re: Purchase of Service Weapon / Glock Model 22- Serial Number YMT 87o Dear Mr. Smitherman: 1�ooretl�f� P Bey P.O. Box 407 Chatham, IVA 24531 Deputy Sheriff Virginia K. Newman is retiring 1 May 2017 due to nonservice-incurred disability from the Pittsylvania County Sheriffs Office. Deputy Newman has served 16 years and 7 months and is leaving our office in good standing. Deputy Newman has requested to purchase her issued duty weapon, that which is referenced above. I am asking for your approval of Deputy Newman's request for the purchase of her duty weapon for $1.00 as defined in § 99.1-148.3, Code of Virginia. Thank you for your attention in this matter of mutual interest. With kindest regards I remain, Sheriff Enclosures 1: $1.00 U.S. Currency Cc: Vaden Hunt, Esquire, Attorney for Pittsylvania County Personnel File of Virginia K. Newman fu MWT/ngo P127 3/32017 § 59.1-148.3. (Effective July 1, 2018) Purchase of handguns or odw weapons of certain officers Get acquainted with our new Virginia State Law Portal! Law Help Center Code of Virginia Title 59.1. Trade and Commerce �R)Q Chapter 11.1. Firearms AU / CA t7 / /ri'le 1 / 4131+117 This section has more than one version with varying effective date view a complete list of a versions of this section see Table of Contents. X § 59.1-148.3. :" `� Purchase of handguns or other weapons of certain officers. A. The Department of State Police, the Department of Game and Inland Fisheries, the Department of Alcoholic Beverage Control, the Virginia Lottery, the Marine Resources Commission, the Capitol Police, the Department of Conservation and Recreation, the Department of Forest ryt „'' any regional jail board or authority, and any local police department may allow any full-time sworn law-enforcement ;Mcer, }eputy, or regional jail officer, a local fire department may allow any full-time sworn fire marshal, the Department of Motor Vehicles may allow any law-enforcement officer, any institution of higher learning named in § 23.1-1100 may allow any campus police officer appointed pursuant to Article 3 (§ 23.1-809 et seq.) of Chapter 8 of Title 23.1, retiring on or after July 1, 1991, and the Department of Corrections may allow any employee with internal investigations authority designated by the Department of Corrections pursuant to subdivision 11 of § 53.1-1 t&or, eCidtiC, ii) at 70 years of age or older, or (iii) as a result of a service -incurred disability or who is receiving long-term disability payments fora service incurred disability with no expectation of returning to the employment where he incurred the disabili _ �.e BaTttt Jj `sssbed or tb himby the agency or institution alma price of $Ihf the previously issued weapon is µnoionger available, a weapon of like kind may be substituted for that weapon. This privilege shall also extend to any former Superintendent of the Department of State Police who leaves service after a minimum of five years. This privilege shall also extend to any person listed in this subsection who is eligible for retirement with at least 10 years of service who resigns on or after July 1, 1991, in good standing from one of the agencies listed in this section to accept a position covered by the Virginia Retirement System. Other weapons issued by the agencies listed in this subsection for personal duty use of an officer may, with approval of the agency head, be sold to the officer subject to the qualifications of this section at a fair market price determined as in subsection B so long as the weapon is a type and configuration that can be purchased at a regulayhar w r r spo m goods store a vale citizen wt ut r syr}ctions of r than the instary� b k�rovnd clyec?. 4(}/�C� L ...�r�..�e ft�� ti/�f�•�J S/ 7 - /IM/s fc �w � 7 . dl �. oTA r� the agencies listed m subsection A may low any full-time savor law-enforcement officer who re ' es wi & to purchase the service handgun issued to him by the agency at a price equivalent to the w apon s fair m t v'atue on the date of the officer's retirement. Any full-time sworn law-enforcement officer employed by any of the agencies listed in subsection A who is retired for disability as a result of a nonservice-incurred disability may purchase the service handgun issued to him by the agency at a price equivalent to the weapon's fair market value on the date of the officer's retirement. Determinations of fair market value may be made by reference to a recognized pricing guide. I C. The agencies listed in subsection A may allow the immediate survivor of any full-time sworn law-enforcement officer (i) who is killed in the line of duty or (ii) who dies in service and has at least 10 years of service to purchase the service handgun issued to the officer by the agency at a price of $1. D. The governing board of any institution of higher learning named in § 23.1-1100 may allow any campus police officer appointed pursuant to Article 3 (§ 23.1-809 et seq.) of Chapter 8 of Title 23.1 who retires on or after July 1, 1991, to purchase the service handgun issued to him at a price equivalent to the weapon's fair market value on the date of the officer's retirement. Determinations of fair market value may be made by reference to a recognized pricing guide. E. Any officer who at the time of his retirement is a full-time sworn law-enforcement officer with a state agency listed in subsection A, when the agency allows purchases of service handguns, and who retires after 10 years of state service, even if a portion of his service was with another state agency, may purchase the service handgun issued to him by the agency from which he retires at a price of $1. F. The sheriff of Hanover County may allow any auxiliary or volunteer deputy sheriff with a minimum of 10 years of service, upon leaving office, to purchase for $1 the service handgun issued to him. http./Aaw.lis.vir4nia.gov/vacodelfitle59.1/Ch*eril.1/secfiaM.1-148.3/ 1/3 P128 P129 PUBLIC HEARING P130 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Potential Southside Soccer Club Lease 03-21-2017 7 REOUEST/ACTION: ACTION: Conduct Public Hearing; Potentially Approve Yes Lease ATTACHMENTS: STAFF CONTACT: (1) Southside Soccer Club Lease Request Letter Mr. Hunt (2) Virginia Code § 15.2-1800 (3) Southside Soccer Club Lease (4) Previous Executive Summary (5) Public Hearing Notice/Ad REVIEWED BY: �/� BACKGROUND/DISCUSSION: Southside Soccer Club has requested to lease from the Pittsylvania County Board of Supervisors (`BOS") athletic fields and three (3) outbuildings located at the Old Blairs Middle School for youth soccer purposes. Per Virginia Code § 15.2-1800, a public hearing is legally required to lease County -owned property to a private entity. RECOMMENDATION: Staff recommends conducting the required public hearing, and, if it is the BOS' desire, authorize the execution of the attached lease between the BOS and the Southside Soccer Club for the aforementioned property. P131 Chris Anderson Southside Soccer Club 200 Blairs Middle School Circle Blairs, VA 24527 February 1, 2017 David M Smitherman County Administrator Pittsylvania County 1 Center St Chatham, VA 24531 Mr. Smitherman: I have been designated as a point of contact by the Board of Directors of Southside Soccer Club in reference to an agreement between Pittsylvania County and Southside Soccer Club (SSC). The following information is intended to provide limited background information about SSC and what we do, as well as a recommended working agreement between the two aforementioned entities. • SSC is a registered non-profit organization that was formed in 2003. • SSC has an all -volunteer, 11 member Board of Directors. • SSC has an annual membership that fluctuates between approximately 900-1000 players, which form 70-80 teams. • SSC has an annual volunteer force of approximately 180 adults, including coaches, concession workers and grounds maintenance volunteers. • SSC employs between 75 —100 referees per year, made up of teenagers and adults. • SSC employs 2 soccer coaches at the Academy level and 1 Director of Technical Training. • SSC receives no outside funding • SSC has approximately $20,000 in grounds maintenance equipment in secure storage at facility. • SSC spends approximately $4500 in lawn/grounds mowing and weed control annually as well as parking lot repair. • SSC spends approximately $800-$1000 per year in fertilizer and seed per year on soccer fields. • SSC currently occupies 2 buildings at facility, the Clubhouse and a secured garage/shop. • The Clubhouse holds one restroom, an office, a secure storage room with video surveillance equipment, a concession stand and a large multi -use area for eating/breaks, training and BOD meetings. This area has been maintained by SSC at no cost to Pittsylvania County. • SSC currently occupies the entire East side, and South Side fields on the Blairs property which is used for 6-8 soccer fields during Spring and Fall seasons. • SSC is a member of Virginia Youth Soccer Association and United States Soccer Association. • SSC participates in Interleague play with the City of Danville, and the Counties of Halifax, Charlotte, Mecklenburg, Appomattox and Rockingham, NC. • SSC is the largest soccer body in southern VA. The following bullet points represent the ways in which SSC offers to serve the citizens of Pittsylvania County. Reference may be made to the additionally attached photo from Google Earth: • Continue to provide superior and exemplary service to the 900-1000 players and their supporting families. • Continue to maintain the grass covered grounds at the Blairs facility within the red lines of the complex on the Google Earth attachment, including but not limited to: fertilizer, lime, seed, aerating, grass mowing and weed control, removal of debris, fallen trees and litter. • General maintenance, such as filling in potholes, of the parking lot area on the Western, Southern and Eastern sides of the building. • General maintenance of clubhouse, Shop #1 and Shop #2 including but not limited to light bulbs, drop ceilings, floor coverings and interior paint. P132 • Provide and maintain weekly, Porta -Potties, including ADA approved devices. The following bullet points represent the requests of SSC to Pittsylvania County Board of Supervisors in return of the services offered by SSC: • Continued use of clubhouse building, shop #1 and shop #2. Please note; currently SSC only uses shop #1. We are now asking for use of shop #2 in addition to #1. The benefit for SSC in having both shops will be that we can store our soccer goals inside during the offseason, prolonging the life of the steel goals and the nylon nets, as well as protection from theft. • Continued use of all grass covered fields within red outlined area on Google Earth image. • Continued use of all parking areas and common areas outlined on Google Earth image. • Use of electrical service, water service and septic service for clubhouse and both shops. • Repair of, and use of field lights on East side of field. These lights were in working order until PCSA trenched on the property, now only a few lights work. • Repair of broken windows to shop. We do not need glass. If boarding is less expensive that is fine. • Repair of caps on septic system, located on south side of building and maintenance of septic system. This area is identified by yellow circle on Google Earth image. • 10 year lease agreement — While this may seem like a long commitment, we are happy to agree to termination with a 90 day agreement. The reason we want this is because if we are able to secure such an agreement, it makes us eligible for turf management grants as well as administrative grants through US Soccer. As you can tell by the photos, the common areas of the fields are very worn due to the high traffic during the seasons. The 90 days would be sufficient for us to finish a season if we were mid-season and you wished to terminate the agreement. • Lease agreement to be at no cost to SSC. In closing, I would like to point out that the buildings we request to occupy are not attached to the main building. They are in much better shape and have been reviewed by the Fire Marshall. On behalf of SSC BOD, thank you very much for entertaining our requests, allowing us to continue to serve our children and community. Sincerely, Chris Anderson 434-441-7194 Papagoat34@gmaii.com P133 Virginia 6 15.2-1800. Purchase, sale, use, etc., of real arooerty. A. A locality may acquire by purchase, gift, devise, bequest, exchange, lease as lessee, or otherwise, title to, or any interests in, any real property, whether improved or unimproved, within its jurisdiction, for any public use. Acquisition of any interest in real property by condemnation is governed by Chapter 19 (§ 15.2-1901 et seq.). The acquisition of a leasehold or other interest in a telecommunications tower, owned by a nongovernmental source, for the operation of a locality's wireless radio communications systems shall be governed by this chapter. B. Subject to any applicable requirements of Article VII, Section 9 of the Constitution, any locality may sell, at public or private sale, exchange, lease as lessor, mortgage, pledge, subordinate interest in or otherwise dispose of its real property, which includes the superjacent airspace (except airspace provided for in § 15.2-2030) which may be subdivided and conveyed separate from the subjacent land surface, provided that no such real property, whether improved or unimproved, shall be disposed of until the governing body has held a public hearing concerning such disposal. However, the holding of a public hearing shall not apply to (i) the leasing of real property to another public body, political subdivision or authority of the Commonwealth or (ii) conveyance of site development easements across public property, including, but not limited to, easements for ingress, egress, utilities, cable, telecommunications, stone water management, and other similar conveyances, that are consistent with the local capital improvement program, involving improvement of property owned by the locality. The provisions of this section shall not apply to the vacation of public interests in real property under the provisions of Articles 6 (§ 15.2-2240 et seq.) and 7 (§ 15.2-2280 et seq.) of Chapter 22 of this title. C. A city or town may also acquire real property for a public use outside its boundaries; a county may acquire real property for a public use outside its boundaries when expressly authorized by law. D. A locality may construct, insure, and equip buildings, structures and other improvements on real property owned or leased by it. E. A locality may operate, maintain, and regulate the use of its real property or may contract with other persons to do so. Notwithstanding any contrary provision of law, general or special, no locality providing access and opportunity to use its real property, whether improved or unimproved, may deny equal access or a fair opportunity to use such real property to, or otherwise discriminate against, the Boy Scouts of America or the Girl Scouts of the USA. Nothing in this paragraph shall be construed to require any locality to sponsor the Boy Scouts of America or the Girl Scouts of the USA, or to exempt any such groups from local policies governing access to and use of a locality's real property. The provisions of this paragraph applicable to a locality shall also apply equally to any local governmental entity, including a department, agency, or authority. F. This section shall not be construed to deprive the residentjudge r rjudges of the right to control the use of the courthouse. G. "Public use" as used in this section shall have the same meaning as in § 1-219.1. Code 1950, § 15-692; 1962, c. 623, § 15.1-262; 1968, c. 418; 1974, c. 282; 1977, c. 269; 1979, a 431; 1980, cc. 212, 559; 1984, c. 241; 1986, cc. 477, 573; 1990, c. 813; 1997, c. 587; 1998, c. 696; 2005, c. 822; 2006, c. 57; 2007, cc. 882, 901, 926. P134 LEASE AGREEMENT This LEASE AGREEMENT (the "Lease"), is made on _, 2017 ("Date of Execution"), between the Board of Supervisors of Pittsylvania County, Virginia ("Lessor"), a political subdivision of the Commonwealth of Virginia, and Southside Soccer Club ("Lessee"), a (collectively "the Parties"). WITNESSETH THAT FOR AND IN CONSIDERATION of the mutual covenants and agreements herein contained, the Parties do hereby covenant and agree as follows: 1. LEASE OF PROPERTY; COVENANTS OF OWNERSHIP; QUIET ENJOYMENT: Lessor hereby leases and demises, and Lessee hereby rents, the following -described real Property and appurtenances thereon located in and around 200 Blairs Middle School Circle, Blairs, Virginia 24527: the clubhouse building, shop #1, shop #2, all grass fields within the outlined area on the Google Earth image attached hereto as Exhibit "A" and made a part hereof, and all parking areas and common areas within the outlined area as detailed on Exhibit "A" (the "Premises"). The Premises is solely leased for soccer purposes. Any other purpose must be approved by Lessor. Lessor covenants and agrees that it is the owner of the demised Premises, and that Lessee shall have quiet enjoyment thereof for the Lease's duration. 2. TERM OF LEASE, RENEWALS; TERMINATION: The initial term of this Lease shall be for one (1) year, commencing as of the Date of Execution above. Unless terminated as described below, this Lease shall be automatically renewed for eight (8) successive one-year terms following the expiration of the initial term. Lease may be terminated by either party with ninety (90) days' written notice. 3. RENT: For the Lease's initial term and any Lease extension(s) thereto, Lessee covenants and agrees to pay to Lessor, as rental for the Premises, the sum of one dollar ($1.00) per year. All rent payments shall be made payable to the Treasurer of Pittsylvania County, Virginia, and sent to the following address: 21 Main Street, P.O. Box 407, Chatham, Virginia 24531. 4. REAL ESTATE TAXES: Lessee shall not be liable for any real estate taxes associated with the demised Premises (if any) during the initial term of this Lease and any extension(s) thereof. 5. UTILITIES: Lessee shall be responsible for paying for all utilities used on or in the Premises during the initial term of this Lease and any extension(s) thereof. 6. INSURANCE; INDEMNIFICATION: A. Casualty Insurance on Contents: Lessee shall maintain, at its expense, fire and casualty insurance coverage, protecting its property and the property of others located on the Premises from loss, damage, or injuries. Page 1 of 6 P135 B. Liability Insurance During the Lease: Lessee shall provide and keep in force, for the protection of the general public and Lessor, liability insurance against claims for property damage, bodily/personal injury, or death upon the Premises, to the extent of not less than five hundred thousand and 00/100 dollars ($500,000.00), with respect to property damage, bodily/personal injury, or death to any one (1) person and to the extent of not less than one million and 00/100 dollars ($1,000,000.00) for property damage, bodily/personal injury, or death to any number of persons arising out of one accident. C. Notice to Lessor Regarding Insurance: Any form of insurance provided in Paragraph 6(B), shall be in a form approved by Lessor. Unless otherwise provided, such policy shall name Lessor as an additional insured and shall contain a clause that the insurer shall not cancel, materially modify, or fail to renew the insurance without first giving Lessor thirty (30) days' prior written notice Any such insurance shall be with an insurance company approved by the Lessor, authorized to do business in the Commonwealth of Virginia, and have a policyholder's rating of no less than "the most current edition of best insurance reports." A copy of the policy or certificate evidencing the insurance shall be delivered to the Lessor. D. Indemnification of Lessor: Lessor shall not be liable for any damage to property or injury arising from Lessee's occupation or use of the Premises, except as may be caused by Lessor's failure to perform under the Lease. Lessee shall protect, indemnify, defend, and save harmless the Lessor, his agents, or servants from and against any and all claims, actions, damages, liabilities, and expenses (including reasonable attorneys' fees) resulting from the negligent, unlawful, or willful acts or omissions of Lessee, Lessee's employees, representative, agents, customers, invitees, or visitors, or from Lessee's failure to perform any obligation imposed upon it by law or the provisions of this Lease, notwithstanding any possible negligence (whether sole, concurrent, or otherwise) on the part of Lessor, its agents, contractors, or servants. 7. MAINTENANCE OF THE PREMISES: REPAIR OF FIXTURES: A. MAINTENANCE OF PREMISES: Lessee shall maintain the Premises at all times in a neat and orderly condition. Any and all exterior signage shall be approved by Lessor. Lessee shall maintain the Premises' grass covered grounds as detailed on Exhibit "A," including, but not limited to: fertilizing, lime application, seeding, aerating, grass mowing, weed control, field lining, debris removal, removal of fallen trees, and litter cleanup. Lessee shall also provide general maintenance, including filling potholes, of the parking lot areas as detailed on the Exhibit "A." Moreover, Lessee shall provide general maintenance to the clubhouse, shop #1, and shop #2, including, but not limited to: replacing light bulbs, repair/replacing drop ceilings, repair/replacement of floor coverings, and maintenance of interior paint. Finally, Lessee shall provide and maintain weekly any and portable toilets housed on the Premises, included ADA - approved devices. B. REPAIRS TO PREMISES: Lessor shall make the following repairs to the Premises prior to commencement of the Lease's initial term: repair of the field lights on the East side of the main field; repair of the broken windows (if any) on shop #1 and shop #2 Page 2 of 6 P136 (replacement glass or secure boarding is acceptable to Lessee); and repair of all broken and/or cracked septic concrete caps. C. REPAIRS AND MAINTENANCE OF PLUMBING, WIRING AND OTHER FIXTURES: Repairs and maintenance oFto the heating (if applicable), air conditioning (if applicable), plumbing equipment, septic equipment/system, and/or electrical wiring shall be the Lessor's responsibility, unless the repairs and/or maintenance required are the result of the improper use or negligence of the Lessee, Lessee's invitees or licensees, in which event the repair shall be the responsibility of Lessee. Repairs and/or maintenance oFto all other equipment and fixtures during the term of this Lease shall be the responsibility of Lessee. 8. DESTRUCTION OF PREMISES: If Premises is totally destroyed by casualty or becomes so extensively damaged, without fault of Lessee, so as to render the demised Premises unusable by Lessee, Lessor or Lessee may elect to terminate this Lease and the proceeds of any insurance on the Premises or personal property leased hereunder shall be the Lessor's property. 9. ALTERATIONS OR IMPROVEMENTS: No alterations or improvements shall be made to the demised Premises by the Lessee without Lessor's prior written consent. Any and all alterations or improvements made to the Premises shall be the Lessor's property at the Lease's termination. 10. ASSIGNMENTS AND SUBLEASE: No assignment or sublease of the rights of the Lessee under this Lease shall be made without Lessor's prior written consent. 11. LESSOR'S RIGHT OF ENTRY: Lessor may, at reasonable times, enter upon the demised Premises for the purpose of inspecting the same. 12. BREACH OF COVENANTS: In the event Lessee fails to perform any of the other covenants of this Lease to be performed by Lessee under this Lease, then Lessor shall have the right, in addition to all other rights or remedies provided by law or equity, to: (i) without demand or notice to re-enter, by force or otherwise, and take possession of the Premises without being liable by doing said; and (ii) setoff against rents paid in advance for any damages caused by such breach, with the Lessee being liable for any deficiency. In the event Lessor fails to perform any of the covenants of this Lease to be performed by Lessor, Lessee shall have all rights and remedies provided by law and equity. If an action is brought to enforce any of the rights or remedies available to either party in the event a breach of any term of this Lease, the prevailing party shall be entitled to any and all costs expended, including reasonable attorneys' fees, court costs, and litigation costs. 13. IMMEDIATE TERMINATION OF LEASE: In the event that Lessee should execute any Deed of Assignment for the benefit of creditors, file a petition in bankruptcy, or should the property of the Lessee be levied upon by any creditors, the Lessor, at its discretion, shall have the option, if allowed by law or equity, to declare this Lease terminated. Page 3 of 6 P137 14. WAIVER OF BREACH: The failure of Lessor to enforce one (1) or more of the terms or conditions of the Lease, from time -to -time, shall not constitute a waiver of such terms or conditions upon subsequent or continuing breach. 15. APPLICABLE LAW: This Lease shall be construed according to the laws of the Commonwealth of Virginia. 16. VENUE: The legal venue for any litigation arising out of this Lease shall be the appropriate court of Pittsylvania County, Virginia. 17. ENTIRE AGREEMENT: This Lease constitutes the entire agreement between the Parties. This Lease may not be changed orally, but only by an agreement in writing, signed by both Parties. 18. BENEFIT: This Lease shall inure to the benefit of, and shall bind the heirs, successors, and assigns of the Parties. 19. NOTICES: Any notice or demand under this Lease shall be by registered or certified mail, return receipt requested, sent to the Parties at the addresses listed below, and shall be deemed delivered on the date postmarked: A. LESSOR: Pittsylvania County Administration 1 Center Street P.O. Box 426 Chatham, Virginia 24531 B. LESSEE: Southside Soccer Club Witness the following signatures and seals: [THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] Page 4 of 6 P138 LESSOR: THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA BY: Name (Printed): Its: COMMONWEALTH OF VIRGINIA COUNTY OF BE IT REMEMBERED, that before me on this day of 2017, appeared , who acknowledged the signing of the foregoing instrument to be his voluntary act and deed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal, on the day set forth above. NOTARY PUBLIC APPROVED AS TO FORM J. Vaden Hunt, Esq. Pittsylvania County Attorney Page 5 of 6 P139 LESSEE: SOUTHSIDE SOCCER CLUB BY: Name (Printed): Its: COMMONWEALTH OF VIRGINIA COUNTY/CITY OF BE IT REMEMBERED, that before me on this _ day of 2017, appeared 'who acknowledged the signing of the foregoing instrument to be his/her voluntary act and deed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my official seal, on the day set forth above. NOTARY PUBLIC Page 6 of 6 P140 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a public hearing on Tuesday, March 21, 2017, at 7:00 p.m., in the General District Courtroom, located on the second floor of the Edwin R. Shields Courthouse Addition, at 11 Bank Street, Chatham, Virginia, 24531, to receive citizen input on potentially leasing publicly owned property located at 200 Blairs Middle School Circle, Blairs, Virginia 24527, to Southside Soccer Club for soccer recreational purposes. A complete text of the proposed change is available in the Pittsylvania County Administrator's Office, 1 Center Street, Chatham, Virginia, 24531, Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m., as well as on the County's website at www.pittgov.org. P141 N 4V� ;jot* » ~ \ \. \ /\ \ /> VA, PRESENTATIONS P143 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Update on Danville Regional Health Collaborative — Annie Martine, Senior Program Officer, Danville Regional Foundation SUBJECT/PROPOSAL/REOUEST: Program Update STAFF CONTACT(S): Mr. Smitherman BACKGROUND: AGENDA DATE: 03-21-2017 INFORMATION: Yes ATTACHMENTS: No REVIEWED BY: (� Annie Martinie, Senior Program Officer for the Danville Regional Foundation, will give an update on the Regional Health Collaborative RECOMMENDATION: Staff submits this for the Board's review and consideration. P144 NEW BUSINESS P145 PITTSYLVANIA COUNTY Board of Supervisors Work Session EXECUTIVE SUMMARY BACKGROUND/DISCUSSION: On February 22, 2017, the Legislative Committee ("LC") met on several topics, one of them being the present matter. The Honorable Shirley Hammock informed the LC that it was recommended to her by the Commonwealth of Virginia's Department of Taxation, to protect the County legally, to add Merchants' Capital to the County's list of General Levies under PCC § 6- 1.1. Accordingly, to effectuate the same, the attached revision to PCC § 6-1.1 is required. The LC supported said revision, and recommended the same to the full Pittsylvania County Board of Supervisors (`BOS"). RECOMMENDATION: For the BOS' consideration. It is recommended that the BOS authorize County Staff to advertised and conduct a public hearing at the BOS' April Business Meeting on the attached revisions to PCC § 6-1.1, as required by Virginia law. P146 AGENDA DATE: ITEM NUMBER: ittee; Amendment to Pittsylvania 3/21/17 9(a) C") 6-1.1 (General Levy Revision- 7[�ENDAt ital) ACTION• Yes REQ: Authorize Public Hearing to Amend PCC § 6-1.1 ATTACHMENT: (1) (1) PCC § 6-1.1 (Redlined Revision) STAFF CONTACT Ms. Hammock R EVIEWED BY• BACKGROUND/DISCUSSION: On February 22, 2017, the Legislative Committee ("LC") met on several topics, one of them being the present matter. The Honorable Shirley Hammock informed the LC that it was recommended to her by the Commonwealth of Virginia's Department of Taxation, to protect the County legally, to add Merchants' Capital to the County's list of General Levies under PCC § 6- 1.1. Accordingly, to effectuate the same, the attached revision to PCC § 6-1.1 is required. The LC supported said revision, and recommended the same to the full Pittsylvania County Board of Supervisors (`BOS"). RECOMMENDATION: For the BOS' consideration. It is recommended that the BOS authorize County Staff to advertised and conduct a public hearing at the BOS' April Business Meeting on the attached revisions to PCC § 6-1.1, as required by Virginia law. P146 PITTSYLVANIA COUNTY CODE SEC. 6-1.1. GENERAL LEVY As required by the Code of Virginia, 1950, as amended, the Board of Supervisors shall approve and appropriate an annual budget. The annual budget shall be funded by an appropriation resolution which shall set the annual levy in at least, but not limited to, the following classifications: 1. General Real Estate 2. Mobile Home and Barns 3. Machinery and Tools 4. Personal Property 5. Generating Equipment 6. Merchants' C'anital (B.S.M. 11-19-02)(B.S.M. 04-06-09) P147 PITTSYLVANIA COUNTY Board of Supervisors Work Session EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Legislative Committee; Amendment to Pittsylvania 3/21/17 9(b) County Code § 4-30(b) (Building Official Change) ACTION: RFfNiF.RT- Yes Authorize Public Hearing to Amend PCC § 4-30(b) STAFF CONTACT: Mr. Sides; Mr. Bowman ATTACHMENT: (1) (1) PCC § 4-30 (Redlined) REVIEWED BY:, BACKGROUND Recently, the County's Organization Chart was revised by the County Administrator and some duties reassigned. One such reassignment, was to now make the Building Official, and not the Director of Code Compliance (as previously), responsible for the removal, repair, or securing of dangerous structures under Pittsylvania County Code ("PCC") Chapter 4, Article III. On February 22, 2017, the Legislative Committee ("LC") met on several topics, one of them being the present matter. In order to effectuate the Building Official's above -reassignment of duties, the attached revision to PCC § 4-30(b) is required. The LC supported the revision to PCC § 4-30(b), and recommended the same to the full Pittsylvania County Board of Supervisors CBOS"). RECOMMENDATION: For the BOS' consideration. It is recommended that the BOS authorize County Staff to advertised and conduct a public hearing at the BOS' April Business Meeting on the attached revisions to PCC § 4-30(b), as required by Virginia law. P148 Article M. REMOVAL, REPAIR OR SECURING OF DANGEROUS STRUCTURES SEC. 4-30. DEFINITIONS (a) Building Code shall mean the applicable provisions of the Uniform Statewide Building Code relating to the maintenance of existing buildings as adopted by the Commonwealth of Virginia and Board of Housing and Community Development. (b) Code Officials shall mean the Building Official DiFeeter of Gode. Damplian ...a__li__ee _ r his designee. (c) Dangerous Structure shall mean any building, wall or other structure in Pittsylvania County that fails to comply with the building code through damage, deterioration, infestation, improper maintenance, or for any other reason or reasons, and thereby becomes unsafe, unsanitary, or deficient in adequate exit facilities, or which constitutes a hazard or public nuisance or is otherwise dangerous to human life, health or safety, or the public welfare and which might endanger the public health or safety of other residents of Pittsylvania County. (d) Lien -holder or Lien -holders shall mean any and all individuals, associations, corporations, or other entities that have a mortgage or other lien of record of any kind on the property which are of record against the owner. Either term may be singular or plural unless the contact indicates otherwise. (e) Owner means the owner or owners of the premises therein, as indicated in the tax records of Pittsylvania County, Virginia. SEC. 4-31. OWNER'S RESPONSIBILITIES. It shall be the responsibility of all owners of buildings, structures and real property located within the boundaries of Pittsylvania County to take the necessary action, at such time or times as the Code Official may prescribe, to repair, remove, or secure any building, wall, or any other structure on their property which might endanger the public health or safety of other residents of Pittsylvania County, subject to such rights of appeal as are provided for in the section. All such buildings or other structures declared by the Code Official to be a dangerous structure shall either be made safe by compliance with the Building Code or be vacated and secured against public entry or be taken down and removed as determined by the Code Official. SEC. 4-32. NOTICES TO OWNERS AND LIEN HOLDERS. Whenever the code official shall be of the opinion and finds that any structure in the County is a dangerous structure as defined in this chapter, the Code Official shall cause written notice to be served upon the owner and lien holder, as provided for in Section 4-33 of this chapter. Such notice shall state that the building, wall or any other structure has been declared to be a dangerous structure and shall, at a minimum, provide the following information: (1) The location of the building or structure by street address and/or tax identification number Page 1 of 4 P149 (2) A statement that the building or structure has been inspected by the Code Official or his designee, and that it has been deemed to be a dangerous structure as defined in this chapter and, further, to be declared by the Code Official as unsafe, unfit for human occupancy, or unlawful, as defined in the uniform Statewide Building Code. (3) A listing of the specific conditions which exist that cause the building or structure to endanger the public health or safety of other residents of the County and, further, which cause the Code Official to declare the building or structure to be unsafe, unfit for human occupancy or unlawful with reference to the Uniform Statewide Building Code section that serves as a basis for the declaration for a dangerous structure. (4) A statement that the Code Official has determined that necessary corrective action to abate the unsafe or dangerous conditions, as described in the notice, consist of one (1) of the following actions: (a) The completion of the repairs and/or improvements to the building or structure, which may include the securing of the building or structure against public entry as provided in the notice; or (b) The taking down or removal of the building or structure. (5) An order to complete the necessary corrective action to abate the unsafe or dangerous conditions as determined by the Code Official by specifying the required repairs and/or improvements to be made to the building or structure or by requiring the building or structure to be taken down and removed. The Order shall provide a stipulated time within the necessary corrective action is to be completed. (6) A statement that the failure to comply with the terms of a notice to abate the unsafe or dangerous conditions will result in the County taking action to abate such conditions in accordance with the provisions of § 15.2-906 of the Code of Virginia and/or of the Uniform Statewide Building Code, as the Code Official deems appropriate. (7) A statement of the owner's rights of appeal of the Code Official's decisions to the local Board of Building Code Appeals in accordance with the appeals provision of the Uniform Statewide Building Code. SEC. 4-33. SERVICE OF NOTICE. The notices issued pursuant to this chapter shall be served upon any owner and lien -holder in the following manner: A. Where the Code Official has determined the necessary corrective action to abate the unsafe or dangerous condition is to make repairs to the building or structure, which may include the securing of the building or structure against public entry, the notice shall be given by either delivering a copy of the notice by certified mail or by registered mail, return receipt requested sent to the address of record in the Office of the Commissioner of Revenue of Page 2 of 4 P150 Pittsylvania County, Virginia B. Where the Code Official has determined the necessary corrective action to abate the unsafe or dangerous condition is to take down and remove the building or structure, the notice shall be a written notice mailed by certified or registered mail, return receipt requested, sent to the last known address of the property owner. C. In addition to subsections (1) or (2) above, notice shall also be given to any such person or entity by publishing once a week for two weeks a copy of the notice in the newspaper having general circulation in the County in accordance with the applicable provisions of § 15.2-906 of the Code of Virginia. SEC. 4-34. APPLICATION FOR APPEAL. The owner or owner's agent of any building, wall or structure which has been declared to be a dangerous structure and ordered by the Code Official to be repaired, secured or removed, as provided for in this chapter, may appeal the decision to the local Board of Building Code Appeals. A written request for appeal to the Board of Building Code of Appeals shall be submitted within twenty-one (21) calendar days from the receipt of the decision to be appealed on forms as provided by the Code Official. Upon receipt of any application for appeal, the Code Official shall schedule a hearing within sixty (60) calendar days. The appeal hearing shall be in accordance with the usual procedures of the Board of Building Code of Appeals. All procedures, notices, hearings, decisions and other actions by the Building Code of Appeals shall be in accordance with the appeals provisions of the building code. SEC. 4-35. SECURING, REPAIR OR REMOVAL OF DANGEROUS BUILDINGS; ACTIONS BY THE COUNTY. A. If the dangerous condition has not been remedied with a structure secured or tom down and removed within the time limit allowed by the Code Official, or if challenged, by the time established following the final review of the Code Official's decision, the Code Official shall with the approval of the County Administrator, proceed in accordance with the provisions of §15.2-906 of the Code of Virginia, 1950, as amended, to cause the structure to be removed repaired, secured as the Code Official deems appropriate, considering the condition of the premises. B. In the event the County, through its own agents or employees, removes, repairs or secures any building, wall or any other structure after complying with the notice provisions of this chapter, the cost of expenses there of shall be chargeable to and paid by the owners of such property and may be collected by the County as taxes and levies are collected. C. Every charge authorized by this section with which the owner of any such property shall have been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided for in Article 3 (§58.1-3940 et seq.) and for (§58.1-3965 et seq.) of Chapter 39 of Title 58.1 of the Code of Virginia, 1950, as amended. Page 3 of P151 SEC. 4-36. EXTENSION OF TIME. In the event that any act required by this chapter cannot be performed within the time provided due to shortage of materials, war, restraint by public authorities, strikes, local disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation; provided, however, that the person or entity seeking such extension shall make a written request therefore within the then applicable time period. SEC. 4-37. ADDITIONAL AUTHORITY. In addition to the authority delegated to the Code Official in this chapter, the Code Official shall have all of the authority extended to the Code Official in the Virginia Uniform Statewide Building Code, as well as to take appropriate action on behalf of the County in an emergency to abate, raze, or remove any dangerous structure which constitutes a public nuisance under the provisions of § 15.2- 900 of the Code of Virginia, 1950; as amended. Adopted by the Board of Supervisors on Monday, June 7, 2004 and became effective immediately upon its passage. Article I, See. 4-1 Adopted by the Board of Supervisors on Monday, June 21, 2005 and became effective July 1, 2005. Amended by the Board of Supervisors 10-16-2012 Page 4 of 4 P152 PITTSYLVANIA COUNTY Board of Supervisors Work Session EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Legislative Committee; Amendment to 3/21/17 Pittsylvania County Code ("PCC") Chapter 43 (VA COIA) ACTION: Yes REOUEST: Authorize Public Hearing to Amend PCC Chapter 43 STAFF CONTACT: Mr. Hunt ITEM NUMBER: 9(c) ATTACHMENT: (2) (1) PCC Chapter 43 (Redlined Revisions) (2) VA COIA Disclosures Filing Primer REVIEWED BY: BACKGROUND/DISCUSSION: On February 22, 2017, the Legislative Committee ("LC") met on several topics, one of them being the present matter. In order to effectuate recent changes to the Virginia State and Local Government Conflict of Interest Act ("VA COIA") disclosure/filing requirements, the attached revision to PCC Chapter 43 is required. Said revision is supported by the VA COIA Council. The LC also supported said revision, and recommended the same to the full Pittsylvania County Board of Supervisors (`BOS"). RECOMMENDATION: For the BOS' consideration. It is recommended that the BOS authorize County Staff to advertised and conduct a public hearing at the BOS' April Business Meeting on the attached revisions to PCC Chapter 43, as required by Virginia law. P153 PITTSYLVANIA COUNTY CODE CHAPTER 43 DISCLOSURE OF PERSONAL INTERESTS BY COUNTY OFFICIALS AND EMPLOYEES § 43-1. Purpose. § 43-2. When and by Whom Required. § 43-3. Additional Disclosure. See. 43-1. PURPOSE. To enhance citizen confidence in local government, the disclosure statement of personal interests of certain county officers and employees is required in accordance with the Virginia State and Local Government Conflict of Interests Act (the "Act'). This Chanter does not apply to County Constitutional Officers or the School Board Said entities are responsible for their own disclosure filings under the Act. SEC. 43-2. WHEN AND BY WHOM REQUIRED. At the time(s) prescribed by the Act the following individuals shall be required to file the following form(s): A Disclosure of Real Estate Holdings (Virginia Code & 2.2-3115(G)): 1. Planning Commission Members; 2. Board of Zoning Appeals Members; 3. Board of Assessors Members; 4. Real Estate Assessor(s), 5. County Administrator; and 6 County Attorney (as an "executive officer"). B Statement of Economic Interests (Virginia Code & 2.2-3115): 1. Board of Supervisor Members; 2 County Administrator (as person holding a "position of trust" employed by governing body); and 3 County Attorney (as person holding a "position of trust" employed by governing body) C Financial Disclosure Statement (Virginia Code & 2.2-3115): 1 Industrial Development Authority Members; 2. Service Authority Members; P154 3 CPMT Members - 4. FAPT Members; and 5. Library Board Members SEC. 43-3. ADDITIONAL DISCLOSURE. Nothing contained in this article shall be deemed to relieve any person subject to the NLirginia State ..-.a r ,.,..,, .-..-...f-_ Genfliet of Interest.,; Act from any requirement of disclosure of his or her personal interest in a transaction of specific application, not otherwise identified in the forms required hereby, or from the additional disclosures required by Virginia Code & Seeiea 2.2-3115, �f tlae oFonia, 1950, as ailiended _ Nothing contained herein also prevents the Pittsvlvania County Board of Sunervisors from regmnng additional discretionary entities or individuals from making VA COIA disclosures via Resolution (B.S.M. 6/6/16_) P155 ., SEC. 43-3. ADDITIONAL DISCLOSURE. Nothing contained in this article shall be deemed to relieve any person subject to the NLirginia State ..-.a r ,.,..,, .-..-...f-_ Genfliet of Interest.,; Act from any requirement of disclosure of his or her personal interest in a transaction of specific application, not otherwise identified in the forms required hereby, or from the additional disclosures required by Virginia Code & Seeiea 2.2-3115, �f tlae oFonia, 1950, as ailiended _ Nothing contained herein also prevents the Pittsvlvania County Board of Sunervisors from regmnng additional discretionary entities or individuals from making VA COIA disclosures via Resolution (B.S.M. 6/6/16_) P155 VA COIA DISCLOSURE FILINGS Virginia Code § 2.2-3115 (attached) governs VA COIR disclosures by local government officers and employees Virginia Code & 2-2-3155(C): No person shall be mandated to file any disclosure not otherwise required by this article." • The three (3) VA COIA disclosure filing forms are: (1) Disclosure of Real Estate Holdings ("DOREH"); (2) Statements of Economic Interests ("SOEI"); (long form); and (3) Financial Disclosure Statement ("FDS"); (short form) • DOREH: (required filers) (1) Planning Commission members; (2) BZA members; (3) Board of Real Estate Assessors Members (4) Real Estate Assessor(s); and (5) County Administrator and "executive officer" • SOEI: (long form mandatory and/or discretionary filers) (1) Board of Supervisors members; (2) Members of Town Council (if town has population exceeding 3,500); (3) School Board members; (4) Persons holding positions of trust appointed or employed by the governing body if the governing body passes an ordinance requiring them to file; (5) Persons holding positions of trust appointed or employed by School Board if the School Board passes an ordinance requiring them to file; and (6) Members of the governing body of any entity established in a county or city with the power to issue bonds or expend funds in excess of $10,000 in any fiscal year if the governing body of the appointed Jurisdiction requires them to submit this form • FDS: (short form required filers) (1) Members of the governing body of any entity established in a county or city with the power to issue bonds or expend funds in excess of $10,000 in any fiscal year unless required to file the SOEI by the governing body of the appointing Jurisdiction; and (2) Non -salaried citizen members of local boards, commissions, and councils if the governing body has designated them to file this form P156 PITTSYLVANIA COUNTY EXECUTIVE SUMMARY AGENDA TITLE: 7�AGENDA: Legislative Committee - Amendment to PittsylvaniaCounty Zoning Ordinance for Solar Energy Facilities — Schedule Public Hearing SUBJECT/PROPOSAL/REOUEST•Recommendation from the Pittsylvania County ENT AGENDA: Legislative Committee ACTION: STAFF CONTACT(S): Mr. Smitherman Mr. Sides INFORMATION: ATTACHMENTS: Yes REVIEWED BY: ITEM NUMBER: 9(d) INFORMATION: BACKGROUND: The Legislative Comrnittee ofthe Pittsylvania CountyBoard of Supervisors previously requested that staffprepare and submit a document to regulate the review and permitting of solar energy facilities in the County. A draft document was presented at the July 19, 2016 meeting of the Legislative Committee that proposed a section regulating solar energy be added to the Pittsylvania County Zoning Ordinance, under the Supplementary Regulation section. The draft document included all the allowable regulatory design and permitting criteria authorized to local governments by the Code of Virginia. The procedure for zoning ordinance amendments is that the governing body refer the proposed amendment to the Planning Commission for its recommendations. Included in this process is a Public Hearing by the Planning Commission, followed by its recommendation to the governing body. The governing body would then hold at least one public hearing before approving and adopting the zoning ordinance amendment. At their August 1, 2016 meeting, The Board referred the proposed amendment to the Planning Commission for review and recommendation. The Pittsylvania County Planning Commission reviewed the proposed amendments relating to solar energy facilities over the course of several meetings and worksessions. Additional revisions were agreed to and a Public Hearing was properly advertised and held on November 1, 2016. Following the Public Hearing, the Planning Commission voted by a 6 to 0 vote (2 members were absent) to recommend that the Board of Supervisors approve the proposed amendments to Chapter 35 of the Zoning Ordinance. Upon receipt of that report from the Planning Commission, the Board of Supervisors voted to refer the proposed ordinance to the Legislative Committee for review and recommendation. DISCUSSION: The Legislative Committee met on February 22, 2017 to review the recommended amended ordinance from the Planning Commission. There was discussion concerning the solar project setback requirements. The Legislative Committee supported revised language that would treat solar projects the same as any other development in terms of zoning setbacks (see attached for committee recommendation highlighted in red on page 2 and 3). RECOMMENDATION: The Legislative Committee has recommended that the Board of Supervisors schedule a public hearing on the proposed amendments to the Pittsylvania County Zoning Ordinance to regulate solar energy facilities, with the revised setback language as presented at the February 22, 2017 meeting. P157 DRAFT Pittsylvania County Zoning Ordinance Article I, Division 3 Definitions Solar energy facility, large-scale: A private solar energy conversion system, whose primary purpose is to produce power, or off -set power use, for on-site commercial, agricultural and industrial applications, consisting of photovoltaic panels, support structures, and associated control, conversion, and transmission hardware which has the rated capacity to produce more than 25 kilowatts (M) of electrical power and which has a total site area of five (5) acres or less. Solar energy facility, small system: A private solar energy conversion system, whose primary purpose is to produce power, or off -set power use, for residential applications, consisting of photovoltaic panels, support structures, and associated control, conversion, and transmission hardware which has the rated capacity to produce not more than 25 kilowatts (M) of electrical power. Solar energy facility, utility -scale: An energy conversion system, whose primary purpose is to produce power for consumption by, or under contract to, a utility provider, consisting of photovoltaic panels, support structures, and associated control, conversion, and transmission hardware which has a total site area of more than five (5) acres. Pittsylvania County Zoning Ordinance Article II, Division 4, Supplementary Regulations Sec. 35-141 Solar Energy Facilities. The following guidelines are intended to promote and regulate the development of solar energy facilities in Pittsylvania County while protecting the public health, safety and general welfare of the community. Sec. 35-141(A) Small Solar Energy Facilities Small solar energy facilities shall be a Permitted Use in all zoning districts: 1. Roof -mounted small solar energy facilities may be mounted on a principal building or an accessory building but shall not exceed the maximum building height requirements for the zoning district in which they are located and shall not be more than three (3) feet higher than the finished roof to which it is mounted. These facilities shall meet the building setback requirements for the structures to which they are affixed and shall not extend beyond the exterior perimeter of the structure roof. 2. Ground -mounted small solar energy facilities shall meet the minimum setbacks for principal or accessory structures in the zoning districts which they are located. The maximum height of these facilities shall be 15 feet as measured from the grade or base of the facility to its highest point. 3. All small solar energy facilities shall be configured to avoid glare and heat transference to adjacent properties. 4. All small solar energy facilities shall utilize components which have a UL listing or equivalent and fully comply with all applicable building and electrical codes, and shall not generate or create electrical interruptions or interference with existing electrical or electronic uses. P158 Sec. 35-141(6) Large Scale Solar Energy Facilities 1. Roof -mounted large-scale solar energy facilities shall be a Permitted Use in all zoning districts when affixed to the roof of an existing or properly permitted commercial, governmental, industrial, agricultural or institutional building. These facilities shall meet the building setback requirements for the structures to which they are affixed and shall meet all design requirements specified for small solar energy facilities. 2. Ground -mounted large-scale solar energy facilities shall be by Special Use Permit in the M-1 Industrial District, Light Industry zoning district and the M-2 Industrial District, Heavy Industry zoning district, and in the A-1 Agricultural zoning district.. . Sec. 35-141(C) Utility Scale Solar Energy Facility Utility -scale solar energy facilities shall be by Special Use Permit in the M-1 Industrial District, Light Industry zoning district and the M-2 Industrial District, Heavy Industry zoning district, and in the A-1 Agricultural zoning district. Sec. 35-141(D) Permitting Requirements for Large and Utility Scale Solar Energy Facilities In addition to the requirements of Article V, Division 4 (Site Development Plans) and, where applicable, Article V, Division 3 (Special Use Permits ) of Chapter 35, Pittsylvania County Zoning Ordinance, the following documents and information must be provided for review and approval of large- and utility -scale solar energy facilities: 1. A narrative identifying the applicant, owner, and operator, and describing the proposed solar energy project, including: an overview of the project and its location, approximate rated capacity of the solar energy project, the approximate number, representative types and expected footprint of solar equipment to be constructed, and a description of ancillary facilities, if applicable, 2 Project site development and landscape plans demonstrating that the solar project minimizes impacts on the visual character of an existing public right-of-way (ROW) or historic properties listed on the Virginia Landmarks Register, or the National Register of Historic Places. 3. A site plan meeting the requirements of Chapter 35, Article V, Division 4 Pittsylvania County Code, including the following additional information and details: a) Property lines and setbacks as set out below, unless otherwise prescribed by the Board of Zoning Appeals as a condition of approval for a Special Use Permit. of 50 feet All aspects and components associated with a solar energy facility shall meet the minimum zoning placement and setback requirements for the zoning district in which it is located P159 b) Existing and proposed buildings and structures, including preliminary location(s) of the proposed solar equipment. c) Existing and proposed access roads, drives, turnout locations, and parking; however, this requirement shall not exceed VDOT requirements for other types of projects in the underlying zoning district. d) Location of substations, electrical cabling from the solar systems to the substations, ancillary equipment, buildings, and structures (including those within any applicable setbacks). e) Fencing, or other methods of ensuring public safety, in accordance with Section 35-121. f) Buffering as required based on the visual impacts of the project or as required by the Board of Zoning Appeals as a condition of approval for a Special Use Permit. Required buffers shall be placed or preserved between any required fencing and adjoining properties and/or adjacent rights-of-way. pht pf a. and here gelated buffer exists, FeqUIFed SGFeening shall be planed with n the twenty Ave (25) feel plpceel to the-pe4meL�,err ^f the -bite -area. Buffering or vegetative screening shall comply with Section 35-121. g) Additional information may be required, as determined by the Zoning Administrator, such as a scaled elevation view and other supporting drawings, photographs of the proposed site, photo or other realistic simulations or modeling of the proposed solar energy project from potentially sensitive locations as deemed necessary by the Zoning Administrator to assess the visual impact of the project, landscaping and screening plan, coverage map, and additional information that may be necessary for a technical review of the proposal. 4. Documentation shall include proof of control over the land or possession of the right to use the land in the manner requested. The applicant may redact sensitive financial or confidential information. 5. Document that the panels are located and installed so that the sum of the glare is directed away from an adjoining property or public rights of way. 6. The applicant shall provide proof of adequate liability insurance for a large and utility - scale solar facility prior to issuance of a zoning or building permit. Sec. 35-141(E) Decommissioning Requirements for Large and Utility Scale Solar Energy Facilities The owner or operator of a large or utility scale solar energy facility shall completely decommission a facility within 12 months if the facility ceases to generate electricity for a continuous period of 12 months This period may be extended by the Board of Zoning Appeals if the owner or operator provides evidence that the failure to generate electricity is due to circumstances beyond their control and the facility has not been abandoned. Decommissioning shall include the removal of all solar collectors, cabling, electrical components, fencing and any other associated equipment, facilities and structures to a depth of at least 36 inches and stabilization of the site. A decommissioning plan shall be submitted, which shall include the following: (1) the anticipated life of the project; (2) the estimated decommissioning cost in current dollars; P160 (3) how said estimate was determined; and (4) the manner in which the project will be decommissioned. As allowed by Section 35-714 of the Pittsylvania County Zoning Ordinance, the Board of Zoning Appeals shall require a bond with surety or other approved security to ensure compliance with conditions imposed in a Special Use Permit. The plan shall acknowledge that if at any time the project is declared to be an unsafe structure by the Pittsylvania County Building Code Official, the terms of the "unsafe structure" code shall apply. Sec. 35-141(F) General Requirements for Large and Utility Scale Solar Energy Facilities 1. The height of roof mounted large and utility -scale solar energy facilities shall not exceed the maximum height of other structures as permitted in the zoning district, and the maximum height of ground mounted facilities shall be 15 feet, as measured from the grade or base of the facility to its highest point, or shall be as approved by the Board of Zoning Appeals as a condition of approval for a Special Use Permit. 2. Warning signage shall be placed on solar equipment and facilities to the extent appropriate. Solar equipment shall not be used for the display of advertising, except for reasonable identification of the photovoltaic equipment manufacturer or operator of the solar energy facility. All signs, flags, streamers or similar items, both temporary and permanent, are prohibited on solar equipment except as follows: (a) manufacturer's or installer's identification; (b) warning signs and placards; (c) signs that may be required by a federal agency; and (d) signs that provide a 24-hour emergency contact phone number and warn of any danger. Educational signs providing information about the project and the benefits of renewable energy may be allowed as provided in Article Il, Division 3 of the Pittsylvania County Zoning Ordinance. 3. All large and utility scale solar energy facilities shall utilize components which have a UL listing or equivalent and fully comply with all applicable building and electrical codes, and shall not generate or create electrical interruptions or interference with existing electrical or electronic uses. 4. All large and utility scale solar energy facilities shall comply with all applicable state and federal permitting and regulatory requirements. 5. All large and utility scale solar energy facilities must comply with the Pittsylvania County Noise Ordinance, but the requirements shall be no more stringent than for other development in the underlying zoning district. P161 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Fire & Rescue Policies and Procedures Committee Recommendation SUBJECT/PROPOSAL/REQUEST: Committee Recommendation STAFF CONTACT(S): Mr. Smitherman BACKGROUND: AGENDA DATE: 03-21-2017 ACTION: Yes ITEM NUMBER: 10 ATTACHMENTS: 1. Mt. Cross VFD Letter of Request 2. F & R Reimbursement Policy REVIEWED BY: 6-`' DISCUSSION: The Fire & Rescue Policies and Procedures Committee met on February 28, 2017. From that meeting, a motion came from the Committee to make a one-time exception to policy in order to allow Mt. Cross VFD's request for $7,500 reimbursement. Typically the money could only be applied for the purchase of a new vehicle or towards debt service to one. Mt. Cross purchased a used vehicle. RECOMMENDATION: Staff submits this for the Board's review and consideration. P162 Mourd Cross Volunttel Dirt & Rescue Dcparime11i 4812 4101-1 Oms Road, Damtilfc, Virgini. 24,541) 14'r., 4.;� 197.1:135 rut 435'!!.I A 59 To: Donna Meeks Capital Funds Coordinator Piusylvania Co. Prom: Sue White Treasurer SuhjccU Request lilt Capital Punds Dear Ms. Nlecks. November 2. 2016 'I lie department Is requesting $7.5110 Up, fol' 'N116/2017. Prosy lva11ra L'oung We Department Capital Expenditure Funds for the purchase of a lire truck t}om Blairs Volunteer Fire Department. Please find attached copies of the cancelled check to American National Bank and Ini.q. the Bill of $ale from lilairs and a copy of the truck's title. Sincereely. i. Sue %bite 'treasurer P93 P163 OF TVTLE F, A KEEP IN SAFE PLACE - AMY ALTERATION OR`£RASL#R£. Y01DS THiS 7IT'LE HE GEFArT11E1JT DNSOTDRVEMICIES•C04EMGNNrA MOr JRl INIA HFFEBS CERTIFIu5 idA11.F�JCATl01.1 BRAC -i FICATEO THE EFACE HEN NEER .HE r LC0 1'AS AfIIE HEREON RJRSJANT TO THE PROVISIONS OF THE MOTOR VEHICLE 'LAWS OF'HIS CD AIJ.OTvd LNr^Tsif REC6261 O\ FIV,A7 THE `iE ,WiiH TMS CA`-,FLRTNENi Tvc HEREON 0 SCA 6FG Y_ -Lk AS iE'L'YES. BU3NIESS CP'da*+P+A'+Vrva m. rv+c a,�n•...-......_, m.cEz zle ESTABLISHED __.__ 10121/16 DMVLHIYEAR -0..• - - 602 NO MAKE VEHICBODY MLE NO LE VEHICLE IDENTIFICATION 1GDL7DIEXCV592536 1 fi GMC FIRE TRK 199628640 EMPTY WGT CROSS WGT GMR GCWR AXLES FUEL SALES TAXFAID * ODOMETER D1CISSVED 62400r 7659 27000 17400 ------- 2 GAS — - VA EXEMPT -- - ----- ODO------- — — METER BRAND PRIOR TITLE NO OT HER PERTINENT OATA NOT ACTUAL30795471 IID --- - ------'------ _ THE IS hCT h' TLE5,,iR Male) jii4 address(.@(rol vNdde oiJners MT CROSS VOLUNTEER FIRE DEPT 4,812 MOUNT CROSS RD DAIWILLE VA X4540--5330 No LIENS A FeCerq� and qalc ler ro9 a m soD EIeIE t a ieESa in cx e- IiD , wm ! e a =f e' eA D.rra c u e tP wmpe e P {.: enGrp a alsf valesenl y suI n,�zs ci¢emlxn: LL Tpt'Jtldeelp:,@d r:e'oEn TiDr! haSN',J. V ^ rMicle tl[3�'Y.ttl Tnce V k le= txen b'dt5-`erred.IC ne b 0.� nq 7p!":ta naMe-SnC acres. D' 2DLC'(5j) Xd�i is<et - bh Sui>- Zip — 3 Ice Wy !D 0. x, N rry hlurieSK ma! II eldl_ iJACTUAi M,eege SNOT ACTUAL M�Ieep I�fT- C yLE— O N ; IW»sere! discleTx�=al CI!J EAC ESS o Me,.IIZ.IC21 L s �t.1DPe' yee s G yEeS 0' dde e'id es e,'EInDI �' W ODOMETER FIFJ,DNX, Ivy'. Dd7RR1Et tl14"b' DP iD! 9'a!C Dl Me IaPP�I_an. mU:1 [VC$@�I Dold pak Sk &T'.Tlfj PJe^IP�u!s1. f1[ ��:'�� �!W ____ _ Prtl e.1 !•.b <.E Gr SCI C!SI _ p Sz 201E lr $V1IF'(Sj -- —._ 2>> gg SG .a!u•e o! 6.rYe:lti -- ._ .. _ _ Pr J Naze c' r _ps — zfA �mz.arco,.e�o:faom ie m!dm@!it�+aee.rytr:55eibgsJ �'� P I erg as a i.e above egonevm cD(-calm n.ac D, me Ssueq t P94 P164 :a:ktT �. cwoas vain-s�, ' FlWff 6 WEfiCi[i: 6EPT., ttl:. 2235. I � C,]I[r Og95 flV M.�Rx'�5 h C4INyyE. Yl. 2t5.V s c:�. � � :. P. i OTI�PT irI Y CL/. fi r tyu�UL- For w` — 1 T P95 P165 Item A: To be considered: Review and discussion of current funding & reimbursement polices Fire and rescue services for the 982.89 square miles of Pittsylvania County and its citizens are provided by 35 volunteer agencies. Each agency is a non-profit corporation governed by a Board of Directors and is responsible for responding to fire and/or rescue calls in an area specified by the County 24 hours a day. There are approximately 450 volunteer fire fighters and 200 volunteer rescue squad members serving the County. These agencies responded to approximately 10,000 calls for service each year. The fire agencies do not bill for services and survive solely from donations from the community, and annual operating contributions from the Board of Supervisors of Pittsylvania County, Virginia, and fund raising projects of various types. The ems agencies do bill for services and receive donations from the community, and annual operating contributions from the Board of Supervisors of Pittsylvania County, Virginia, and fund raising projects of various types. Since February of 1981 (BOS minutes Feb 2, 1981) the Board of Supervisors has been reimbursing these agencies for general maintenance and some operational items. As previously stated in the 2006 and 2015 Virginia Department of Fire Programs studies, the BOS need to allocate much more than the $7,500.00 per department and EMS agency per year. With inflationary costs the $7500.00 will hardly buy any equipment and the maintenance costs for the equipment will eat up any funds for new or improved equipment. Many departments have to rely once again on outside grants and donations to offset those cost for fire service. Departments are required to file their reimbursement requests within 60 days of expenditure and proof of payment from the vendors to the County Office of Emergency Management in order to receive the authorized BOS policy reimbursements. Recommendation: As stated in the 2015 Study, the County should develop a new funding model. P6a P166 Item B: lo Be Considered: A request from the Pittsylvania County Fire & Rescue association to change the allowable reimbursement of the department's Capital Improvement Fund to include used apparatus instead of new and debt service. Current policy as directed by the BOS for funding allocations to Fire & EMS agencies includes an annual appropriation of $7500.00 respectfully. Policy states: "Section i — Eire/Rescue Capital Contribution $7,500 to fire agencies that provide fire and/or 1st Responder EMS service. $7,500 to stand alone EARS Squads. $15,000 to combination Fire/EMS transport agencies: $7,500 for fire equipment $7,500 for EMS equipment Funding reimbursed during fiscal year (July 1 to June 30) After expenditure by agency With accompanying receipts/invoices Used for equipment or apparatus. Funds may be carried over to next fiscal year Can only be used for apparatus purchases: Purchase of new equipment Debt service on existing equipment No Debt — alternatives require ordinance change. EMS funds for EMS apparatus/equipment Fire funds for fire apparatus equipment P65 PI 67 Utilization for debt service on fire/squad stations (Bd of Supv approved'" Recommendation: Annual allocation is present in the budget, Staff recommends BOS to change policy wording to include "New and Used" apparatus. Item C: To Be Considered: Mt. Cross Fire & Rescue request to utilize CIP funds for reimbursement of used Fire Truck. Letter Attached. Recommendation: None if BOS approves recommendation from "Item B" above. P66 P168 SUBJECT: REIMBURSEMENTS FROM THE COUNTY THERE HAVE BEEN A NUMBER OF QUESTIONS FROM THE VARIOUS VOLUNTEER FIRE DEPARTMENTS CONCERNING REIMBURSEMENTS. AT THE FEBRUARY 2, 1981 MEETING OF THE BOARD OF SUPERVISORS, THE FOLLOWING CLARIFICATIONS WERE MADE AS: ATTACHED IS A GUIDELINE PROCEDURE FOR REIMBURSEMENT OF ELIGIBLE ITEMS. THOUGH SOME REPAIRS HAD BEEN REIMBURSED IN THE PAST, THE BOARD OF SUPERVISORS CLARIFIED THAT THE ONLY ITEMS ELIGIBLE FOR REIMBURSEMENTS WERE THOSE LISTED IN ITEMS 1-7, SPECIFICALLY OIL, GASOLINE, TIRES AND BATTERIES INSTALLED OR USED ON FIRE -FIGHTING VEHICLES. ALL PARTS EXCEPT LISTED ABOVE AND REPAIRS ARE THE RESPONSIBILITY OF THE INDIVIDUAL DEPARTMENT. P67 P169 REIMBURSEMENT GUIDELINES AND PROCEDURES FOR VOLUNTEER FIRE DEPARTMENTS 1. Items Eligible for Direct Reimbursement 1. Insurance for Building and Equipment 2. Oil for Fire Fighting Vehicles 3. Fuel for Fire Fighting Vehicles 4. Electricity 5. Heating Fuel 6. New Tires and Batteries installed on Fire Fighting Vehicles 7. County -Wide Fire Training Programs, held within the County I1. Items NOT eligible for Direct Reimbursement 1. Capital expenditures for maintenance and improvements to buildings and grounds. 2. Capital equipment purchases and accessories to capital equipment. 3. Telephone charges of any kind. 4. Bookkeeping services. 5. Individual travel or training for individuals Ill. PROCEDURES 1. Departments will submit copy of ORIGINAL invoice to the Office of Emergency Services seven days BEFORE the first Monday of each month. 2. Invoices will follow regular County procedures and be placed on the Bill List for approval by the Board of Supervisors at each regular meeting (the first Monday of each month). P68 P170 3. Invoices received by the Office of Emergency Services or the Office of County Administrator afier the 25th will have to be held for the following month. 4. Only expenses incurred since July 1, 1978, will be reimbursed. 5. Reimbursements will be made on a -monthly basis only. Invoices submitted that are over 60 days old WILL NOT BE PAID. 6. Reimbursements will not be made for purposes of inventory built up; only actual expenses. 7. All records kept by each fire department will be subject to audit by the County. IV. $1 500.00 MATCHING MONEY 1 . Matching fund money may be used for any purpose. 2. Itemized evidence of fund raising proceeds equal to or exceeding $1,500.00 must be submitted before an appropriation of the County matching funds by the Board of Supervisors. Only fully organized and active departments shall be eligible for the matching funds. 4. In the event if'a department does not offer itemized evidence of matching funds, NO appropriation will be made by the Board of Supervisors in any amount, to that department. 5. Matching funds must be requested for current Fiscal Year. The County will not match funds from previous years. P69 P171 SUBJECT: Reimbursement Policy - Enforcement on 60 Day Invoice Situation DATE: July 22, 1986 For quite sometime now, we have been lenient on this process trying to help the various volunteer fire departments in the reimbursement process. However, this has compounded our problems over the past year. Many departments have misunderstood the process and let invoices, et c. slip way past the deadlines we routinely accept. After review of the process and the problems we in Central Purchasing and Accounting are faced with daily, it has been determined that strict enforcement of the sixty (60) day policy on invoices must be re-established. The Board of Supervisors and the County Administrator have charged this department with strict compliance to the Board's guidelines on reimbursements to volunteer fire departments. In an attempt to review how we will work this enforcement we will give several examples in the attached pages. . Example 1 shows where a volunteer fire department incurred a bill and got the goods involved on that same date, then sent this to Central Purchasing and Accounting for reimbursement after the sixty (60) day deadline. In the future Central Purchasing & Accounting will not reimburse this, we will send it back to you marked "ineligible - 60 day deadline violated". If you want to pursue this reimbursement further you must take it to the Board of Supervisors for special approval. Example 2 shows a volunteer fire department's insurance bill without any policy breakdown on the aspects of coverage's. if we can't determine these coverage's to be within our guidelines we will reject reimbursement pending prompt return of the breakdown data. Remember the sixty (60) day deadline will still be in effect. The best way to solve this is send a copy of the policy with your reimbursement request. Example 3 is a request for matching funds - note the date on the submitted forms (deposit tickets, etc.). Matching funds must be raised in the same year that we are in from a budget standpoint. Our budget runs from July 1 to June 30. if you request matching funds on July 20th you must raise the funds from July 1 thru July 19. We also need to see the event associated with these fund raisers, etc. so denoted (in supporting documents, which should be submitted with your request for matching funds. Remember, if you don't request these funds they will not be sent to you and if you do request them you need proper documentation. Related to the sixty (60) day deadline on invoices, several dates that always come into play as we review them: I. Original invoice date from vendor. 2. Date materials were actually received from vendor P70 P172 3. Original date of purchase. 4. Date invoice received by volunteer fire department. 5. Date sent to Central Purchasing & Accounting by volunteer fire dept. 6. Date received by Central Purchasing & Accounting. 7. Date volunteer fire department paid invoice. We will accent only those with the date in #11 - the original date of invoice from vendor as being the prereguisite required for our sixty 60 day timetable. However, if for some explainable reasons (such as back orders, transportation strike, etc.) we will ask that this be expressed at the time any invoices over sixty (60) days old are submitted. This does not necessarily mean Central Purchasing and Accounting will authorize the reimbursement, yet will give you. due consideration to the reason involved. Again, if rejected for reimbursement, the volunteer fire department can pursue this reimbursement further with the Board of Supervisors. All other dates above are of no true consequence for Central Purchasing & Accounting to consider in regard to the sixty (60) day deadline. There are many items which by the policy are classified ineligible, these should not be submitted for reimbursement, yet if grouped in a statement with other eligible items, we will reimburse only those eligible reimbursable items. P71 P173 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Recommendation from Economic Development 3/21/2017 11 Committee to Obtain Legal Services to Assist in the Creation of the Staunton River RIFA ACTION: INFORMATION: Yes SUBJECT/PROPOSAUREOUEST: The Economic Development Committee, with support CONSENT AGENDA: from Staff, recommends and requests that the Board ACTION: INFORMATION: award a contract with the firm Clement and Wheatley for legal services. ATTACHMENTS: STAFF CONTACT(S): Original Request for Qualifications Matthew D. Rowe REVIEWED BY: BACKGROUND: On February 23, 2017 a letter of intent to create the Staunton River RIFA (SR RIFA) was signed in a ceremony by Pittsylvania County, Town of Hurt, Town of Altavista, and City of Danville, along with a private partner, SVMP, LLC. This letter of intent did not create the Authority, but instead was a public sign of support to pursue the creation of such a regional organization. In order to formally create SR RIFA, all participating localities much adopt an associated ordinance and by-laws. To be proactive, County Staff solicited a Request for Qualifications from legal firms to assist the County and its partners in creating the ordinance and by-laws (the awarding of contract does not include full legal services for the subsequently created SR RIFA — such a decision must be made by the members of the Authority). On March 16, 2017, the County's Economic Development Committee, along with Staff from participating jurisdictions, interviewed selected firms and made a unanimous decision to recommend that the Board enter into a contract with Clement and Wheatley for legal services to draft and create the needed ordinance and by-laws to create the SR RIFA. Once the contract is executed with Clement and Wheatley, the firm will work with all localities and the SVMP, LLC to create an ordinance and by-laws that accomplishes the goals of all involved parties, while being in compliance with the Code of Virginia. All involved localities will need to approve said documents in order for the SR RIFA to be formally created. As stated in the signed letter of intent, this action must occur prior to August 23, 2017, 6 months after the signing of the letter of intent by the involved parties. The cost of legal services will be shared amongst the 4 participating locales. RECOMMENDATION• The Economic Development Committee, along with County Staff, recommends that the Board direct the County Administrator to enter into and sign an agreement with Clement and Wheatley for legal services that will lead to the creation of the Staunton River RIFA. P174 a 1767 Pittsylvania County and Staunton River Regional Industrial Facility Authority Request for Qualifications Attorney Services, RFQ 2017-03 CONTACT CONNIE GIBSON, PURCHASING MANAGER (434) 432-7744 —E-mail: connie.Qibson(-)pittzov.or2 P175 Pittsylvania County/Staunton River Regional Industrial Facility Authority Request for Qualifications Attorney Services, RFQ 2017-03 Pittsylvania County and Staunton River Regional Industrial Facility Authority (SR RIFA) requests a statement of qualifications and related proposals for contracted attorney services. DUE DATE: Sealed proposals are due in the Purchasing Office, 1 Center Street, Chatham, VA 24531 by 10:00 am on March 13, 2017. Failure to submit proposals to the correct location by the designated date and hour will result in disqualification. RFP RESPONSE: In order to be considered for selection, interested parties must submit a complete response to this RFQ. One (1) original, so marked, and three (3) copies of each proposal must be submitted to the Purchasing Manager. No other distribution of the proposal shall be made by the Offeror. ADDRESS: Proposals should be mailed or hand delivered to: Pittsylvania County Purchasing Department Att: Connie Gibson, 1 Center Street, P.O Box 426 Chatham, VA 24531. Failure to submit proposals to the correct location by the designated date and hour will result in disqualification. All Proposals must be in a sealed envelope and clearly marked in the lower left corner: "Sealed Proposal — RFO 2017-03" Proposals not so marked or sealed shall be returned to the offeror and will not be considered. Proposals shall clearly indicate the legal name, address and telephone number of the offeror (company, fum, partnership or individual). All expenses for making Proposals to Pittsylvania County shall be home by the offeror. The offeror has the sole responsibility to have the proposal received by the Pittsylvania County Purchasing Department at the above address and by the above stated time and day. P176 Purpose: The SR RIFA seeks services encompassing the traditional legal counsel scope of work including the rendering of opinions to the SR RIFA Board and staff, consultation and oordination with the County Attorney and any assigned special counsel. Attendance ata variety cc meetings will be required, including staff meetings and SR RIFA meetings as specified. Amore detailed statement of services is provided in the scope of work as described below. Background Information The purpose of the Staunton River Industrial Facility Authority is to improve regional economy through the attraction of global industry to the subject property and establishment of an intermodal facility that will serve the region and be recognized as an Wand Port. Finn shall provide services to assist in the creation of the Staunton River Regional industrial Facility Authority and its associated by-laws and ordinances. The firm selected shall be awarded a 1 year contract, which may be renewed by the Staunton River RIFA Board for additional 1 year increments. Firms shall submit both annual fees and hourly fees, with the expectation that the firms will be present at 1 meeting in Hurt, VA per month. The average time devoted by the firm to the Staunton River RIFA is approximately 15 hours per month. Involved parties: Pittsylvania County, Virginia, Town of Hurt, Virginia, Town of Altavista, Virginia, City of Danville, Virginia,; and Southern Virginia Multimodel Park, a North Carolina limited liability company. Scope of Work 1. Provide legal advice, counsel, training, consultation, and opinions and all levels of city government, on a variety of civil assignments including, but not limited to promotion of economic development, creation/retention of primary jobs for projects, community development initiatives, general contracts, development agreements, grants, loans, authorized use/ oversight on use of 4B tax, public disclosure issues/notices and related legal issues associated with representation of Section 4B economic development corporation. The SR RIFA Attorney's advice includes methods of effectively avoiding civil litigation. 2. Furnish legal representation at all SR RIFA board meetings, and at other meetings as requested. 3. Appear before courts and administrative agencies to represent the SR RIFA's interests as determined necessary. 4. Prepare and review memorandums, orders, resolutions, contracts, and other documents for legal correctness when requested by SR RIFA Board or staff. 5. Work cooperatively with County attorney and any special legal counsel retained by the County or the SR RIFA for special projects. 6. Coordinate with special counsel as needed to ensure proper management of legal issues and proper coordination and transition of legal issues among legal counsel. P177 7. Assist SR RIFA board and staff to maintain an awareness of ethical standards and appearance of fairness standards, and to avoid potential conflicts of interest, prohibited transactions, and appearance of prohibited transactions. 8. Performs other legal services and tasks as assigned by the SR RIFA board. 9. Avoidance of Conflict of Interest. Specifications: The awarded firm shall: ■ Attend all SR RIFA Board meetings. • May be asked to attend work sessions or retreats. ■ May be called upon to attend occasional community meetings, and may be called upon to attend meetings related to specific projects in which the SR RIFA is involved. • Must be available by phone, cell phone, fax and email. • Timeliness of response and accessibility to the SR RIFA Attorney to the President, Director, Board members and staff is an important aspect of the service. • Accessibility and responsiveness for the proposed designated Attorney is of greatest importance. Accessibility includes the ability to be generally available to attend meetings in person on short notice and the ability to be reached promptly by telephone. Please provide one (1) copy of a written response per sealed proposal submitted, responding to each inquiry in the order presented below. Scope of Work: Attachment A • Identify any, or all of, the outlined `Scope of Work' that will be provided. 2. Professional Business History: Include as Attachment B • Provide a narrative description of the firm's history. Firm Experience: Include as Attachment C • Provide a narrative description of the firm. • Identify other economic development corporations or agencies the firm may have represented. • Identify experience with municipal law issues, including land use, zoning, growth management, contract law, personnel municipalities, municipal utility districts, water districts, and other related specialties. • Please explain any grievances or disciplinary actions that may have been taken against the lawyer/firm. 4. Proposed Attorney/Team: Include as Attachment D • Name and describe the attomey(s) and/or team proposed, including the designated Attorney. • For each attorney on the team proposed, please identify the law school attended, year of graduation, and year in which each passed the bar examination in Virginia. P178 Provide a resume for each team member, with considerable detail in the experience and qualifications for Attorney, and any significant assisting attorneys. If specialty attorneys or additional resources are available through your firm (in addition to the team) to meet special needs, please identify them and their specialties. 5. Accessibility and Responsiveness: Include as Attachment E • Identify the accessibility of the proposed designated Attorney, and the response time that the individual offers to SR RIFA. Specifically identify the lead time required for attending scheduled or ad-hoc meetings. • Identify the physical location of the Attorney's primary offices. 6. Proposed Fee Structure: Include as Attachment F • Propose a comprehensive package, inclusive of all service costs. The SR RIFA is open to a variety of approaches, including hourly rates or a flat monthly rate with add-ons. The SR RIFA will select the finalist by considering the proposed compensation as a "best and final offer," although the SR RIFA reserves the right to negotiate terms as needed to improve elements of the proposal to best meet the needs of the RIFA, including cost. 7. Avoidance of Conflict of interest: Include as Attachment G • Answer the following question: How would your firm handle representation of any other client engaged in development activity within SR RIFA? ✓ In answering this question, please identify how the firm would handle a situation where one attorney in the firm represents the RIFA as the contract Attorney, and another attorney in the same firm represents a developer seeking approval of a project within the RIFA boundaries. ✓ In answering this question, please identify those steps, if any, the firm would be willing to undertake to eliminate or reduce the potential for conflict of interest. 8. References: Include as Attachment H • Provide three references for the designated Attorney and any team alternates. • Please note that the County prefers references relating to municipal experience. Naming of a reference is considered permission to contact the reference. The SR RIFA may contact outside individuals, whether offered as references or not. The SR RIFA retains the right to use such information in its decision. Submittal of a proposal is agreement that the RIFA may contact and use such information. Evaluation and Selection P179 Evaluation process — The County reserves the right to award the contract to the proposal that best meets the needs and interest of SR RIFA. The following steps are anticipated: Step 1. Receive and review of qualifications and written proposals. Step 2. Initial reference and information check. Step 3. County interview of finalists. Step 4. Approval of contract by County Board of Supervisors. Evaluation of the written nronosal — Written statements of qualifications and proposals will be evaluated by SR RIFA as set forth below. 1. Applicable experience of proposed designated Attorney. 2. Depth and stability of firm or practice 3. Interpersonal match and philosophical concurrence with SR RIFA core beliefs, practices and personnel. 4. Accessibility and responsiveness of both the proposed designated SR RIFA Attorney and any assisting attorneys. 5. Cost. Interviews — Interviews will be held at the sole option of the County. If interviews are conducted, firms should plan to have key personnel on their interview teams who will be assigned to work specified in the proposal. Short listed firms may be asked to provide supplemental or additional information for review by the County prior to the interviews Contract Negotiations — Staunton River RIFA reserves the right to negotiate all elements which comprise the apparent successful proposal. SR RIFA representatives and the selected finalist will review in detail all aspects of the requirements and the proposal. During the review of the apparent successful proposal, the respondent may offer, and SR RIFA may accept revisions to the proposal, although such suggestions are not favored. Rejection of Proposals - SR RIFA reserves the right to reject any or all proposals, portions or parts thereof. Without limiting the generality of the foregoing, the SR RIFA may reject any proposal which is incomplete or not responsive. P180 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Danville Regional Foundation (DRF) -Ringgold Rail Trail Grant- Requires a Roll Call Vote SUBJECT/PROPOSAL/REOUEST• Appropriation of DRF Funds to improve the Ringgold Rail Trail STAFF CONTACT(S): Smitherman, Moore, Van Der BACKGROUND: AGENDA DATE: 3-21-17 ACTION: Yes CONSENT AGENDA: ACTION: ITEM NUMBER: 13(a) INFORMATION: INFORMATION: ATTACHMENTS: Danville Regional Foundation (DRF) Grant Agreement REVIEWED BY: �: DISCUSSION: Pittsylvania County recently received notification of a grant awarded by the Danville Regional Foundation (DRF) in the amount of $25,000 to improve the Ringgold Rail Trail. This grant is to be used to make improvements to the trail by creating a park -like atmosphere at each trailhead and building greater awareness of the trail as a strong community asset. As the agreement states, this grant is made possible through DRF's Make More Happen! (MMH) initiative. The goal of this initiative is to create a spark for community leaders and citizens who are passionate about improving the region's quality of life. This grant does not require a local match. RECOMMENDATION: Staff recommends that the Board of Supervisors approve the attached agreement and allow the County Administrator to sign all necessary documents to accept the grant. In addition, the Board needs to approve an appropriation of $25,000 for the DRF Ringgold Rail Trail Grant to the Grants Fund (Fund 250). THIS MOTION REQUIRES A ROLL CALL VOTE. P181 ti i A Bridge to the Future March 1, 2017 Letter of Agreement David Smitherman County Administrator Pittsylvania County P.O. Box 426 Chatham, VA 24531 Dear Mr. Smitherman: Re: Grant Agreement between Danville Regional Foundation and Pittsylvania County The purpose of this letter is to set forth an agreement for use of grant funds in the amount of $25,000 from Danville Regional Foundation (DRF) to Pittsylvania County to improve the Ringgold Rail Trail by creating a park -like atmosphere at each trailhead and building greater awareness of the trail as a strong community asset. This grant is made possible through DRF's Make More Happen! (MMH) initiative. The goal of MAH is to create a spark for community leaders and citizens who are passionate about improving the region's quality of life. We believe that successful efforts will encourage more people to take more action for positive change. As a recipient of a MMH award, the grantee is encouraged to promote the MMH initiative among other organizations and individuals in the region. As described in the attached proposal, the MMH funds will be used to add signage, benches, picnic tables and trash cans to trailhead entrances, add mile markers along the trail, post directional signage along Hwy 58 and improve 300 linear yards of trail surface at each trailhead. The trail will continue to be maintained by Pittsylvania County Parks and Recreation. The project is a partnership between Pittsylvania County, Danville Running and Fitness Club, local Boy Scout troops 372, 373 and 374 and Eagle Scout, Chris Stafford. The impact of this project will be increased usage of the Ringgold Rail Trail, increasing levels of physical activity and creating destination spots for families and community gatherings. The improvements may also improve the capacity of existing events and attract new events to the region, while increasing awareness of the historical significance of the old railroad and the depot. Lastly, this project is the first step toward the long range plan of paving the Ringgold Rail Trail and connecting it to the River Walk Trail and the Beaches to Bluegrass Trail. P182 The proposal fits well with the Foundations priorities related to health and wellness. The start date for the project will be on or around April 1, 2017, with completion expected by September 30, 2017. Pittsylvania County will be for responsible for providing a final financial report on how the funds were utilized, as well as a final programmatic report on the activities associated with the grant. Any DRF funds that are not used for the project will be returned to DRF. SPECIAL PROVISIONS All grants are made in accordance with current and applicable laws and the Internal Revenue Code, as amended, and its regulations. Expenditure of Funds: Funds shall be expended in accordance with the budget contained within this agreement. Expenses charged against this grant shall not be incurred prior to the date on which the grant period begins or after its termination date and shall be incurred only to cant' out the approved program described herein. All line items may be changed by up to 10 percent withoutwritten Foundation approval as long as the budget total does not change. Line items may not be added or deleted without written approval from the Foundation. Grant funds may not be used for lobbying, which for this purpose includes any attempt to influence specific legislation by affecting public opinion, or communicating with any member or employee of a legislative body, other than by making available the results of nonpartisan study, analysis or research. Record Keeping: The Grantee shall maintain records consistent with generally accepted accounting principles (GAAP) to account for the funds received under this grant and to identify how the funds have been expended. The Grantee shall maintain its records of grant expenditures for at least seven years after completion or termination of the grant. The Grantee shall make its records of grant expenditures available to the Foundation at reasonable times and upon request. Reversion of Grant Funds: The Grantee shall return unexpended and uncommitted funds at the close of the grant period, unless other written arrangements are made with the Foundation. Notification: The Grantee shall notify the Foundation of any lawsuit, or any proceeding before any federal, state, or local administrative agency that may impact this initiative. P183 Indemnification: To the extent allowed by Virginia law, the Grantee will protect and hold harmless the Foundation from and against all claims, suits, and actions arising from negligent acts or omissions, which may occur in the Grantee's performance of the terms of this Agreement. Licensing: The Grantee shall obtain and maintain all registrations, licenses, consents, and filings with any party or any public authority required in connection with the Grantee's operation or with the execution and performance of this Agreement. Subcontractor: If at any time the Grantee intends to use subcontractors in performing its obligations under this Agreement the Grantee assumes responsibility for the actions and omission of the subcontractors. Any act or omission by a subcontractor which would be a breach of this Agreement if such act or omission were made by the Grantee shall be deemed to be a breach of this Agreement by Grantee. Termination of Agreement: Either party in writing may terminate this agreement for cause at any time by providing 30 day written notice to the other party via registered mail using the address contained herein. Upon termination the Grantee shall promptly repay all unexpended and uncommitted grant funds, providing the Foundation with appropriate accounting records to support the process. Waiver: The failure of either party to insist upon strict performance of the terms, conditions and provisions of this Agreement shall not be deemed a waiver of future compliance or a waiver of any provisions herein. Construction of Agreement: The laws of the Commonwealth of Virginia shall govern this Agreement. This Agreement supersedes any and all prior agreements and contains the entire Agreement of the Parties. This Agreement shall not be amended or modified in any manner other than by an amendment in writing signed by all parties to this Agreement. If you are agreeable to the terms of this Letter of Understanding and Special Provisions as stated above, please sign letters and return one to DRF. Thank you. Sincerely, '14. -,�5k Karl N. Stauber President & CEO P184 David Smitherman, Pittsylvania County Administrator Date: Mark Moore, Director of Plttsylvarna County Parks and Recreation Date: ATTACHMENT 1: Proposal received from Mark Moore on February 3, 2017 P185 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Pittsylvania County Schools -Bus Lease — Requires a Roll Call Vote SUBJECT/PROPOSAL/REOUEST: Appropriation of School Bus Lease STAFF CONTACT(S): AGENDA DATE: 3-21-17 ACTION: Yes CONSENT AGENDA: ACTION: ITEM NUMBER: 13(b) INFORMATION: INFORMATION: ATTACHMENTS: Virginia Installment Purchase Contract -Escrow Agreement Executive Summary -10-18-16 REVIEWED BY: BACKGROUND: The Pittsylvania County School Board recently entered a lease with First Citizens Bank to purchase 10 passenger buses and 4 special needs buses. The Auditor of Public Accounts requires that local governing bodies approve such financings. The Code of Virginia, 1950 as amended does not allow for School Boards to establish and maintain such accounts outside of the County Treasurer's custody. As such, this lease will need to be maintained on the County's books and an appropriation will need to be made for the purchase of these school buses. These funds were originally appropriated for expense by the Board of Supervisors at their adjourned meeting, 10-18-16. DISCUSSION: The School Board has completed the procurement of school buses through this school bus lease program. During the manufacturing and procurement of the buses, which took several months, a total of $42.90 of interest was earned on the account. These funds need to be appropriated by the Board to the Bus Lease Fund (Fund 210). In addition, the total amount of the lease $972,966.90 needs to be appropriated to the regular School Fund (Fund 205) since the bank required that the Schools purchase the buses and request a reimbursement from the bank. Typically, the financing institution will pay the vendor direct instead of requiring this type of arrangement. Since the bus lease is located in a separate fund, the Board needs to approve this appropriation for bookkeeping purposes. RECOMMENDATION: For bookkeeping and auditing purposes, staff recommends that the Board of Supervisors appropriate 42.90 to Fund 210 to account for interest earned on the bus lease account and to appropriate a total of $972,966.90 to Fund 205 to account for the actual purchase of 14 school buses. A ROLL CALL VOTE IS REQUIRED FOR THIS ITEM. P186 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Pittsylvania County Schools -Bus Lease S UBJECT/PROPOSAL/REOUEST Appropriation of School Bus Lease STAFF CONTACT(S): AGENDA DATE: 10-18-16 ACTION: Yes CONSENT AGENDA: ACTION: ITEM NUMBER: 11 INFORMATION: INFORMATION: ATTACHMENTS: Virginia Installment Purchase Contract -Escrow Agreement REVIEWED BY: BACKGROUND: The Pittsylvania County School Board recently entered a lease with First Citizens Bank to purchase 10 passenger buses and 4 special needs buses. The Auditor of Public Accounts requires that local governing bodies approve such financings. The Code of Virginia, 1950 as amended does not allow for School Boards to establish and maintain such accounts outside of the County Treasurer's custody. As such, this lease will need to be maintained on the County's books and an appropriation will need to be made for the purchase of these school buses. DISCUSSION: The School Board received sealed bids to ensure receiving the best interest rate for purchasing a total of 14 school buses. First Citizens Bank was the bank providing the lowest rate of 1.12%. The total amount financed was $972,924.00 and will be financed for 3 years. The 2016 lease payment has already been appropriated to the School Board's 2017 budget. Please see the attached lease documents for further information. RECOMMENDATION: For auditing purposes, staff recommends that the Board of Supervisors ratify the attached lease and appropriate $972,924.00 to Fund 210 for the purpose of purchasing 14 school buses and have these funds maintained by the Treasurer's Office. P187 VIRGINIA INSTALLMENT PURCHASE CONTRACT—ESCROW Not Exceeding $972,924 for a term of 24 months at a Bank Qualified rate of 1.12% THIS INSTALLMENT PURCHASE CONTRACT, dated as of September 29, 2016 (the "Contract'), by and between FIRST -CITIZENS BANK & TRUST COMPANY (the "Bank") and Pittsylvania County School Board, VIRGINIA, a body politic and corporate of the Commonwealth of Virginia (the 'Borrower"); WITNESSETH: WHEREAS, the Borrower is a duly and validly created, organized and existing public body politic, duly created and existing under and by virtue of the Constitution and laws of the Commonwealth of Virginia; and WHEREAS, the Borrower has the power, pursuant to Section 15.2-951 of the Code of Virginia, to enter into installment contracts to finance the purchase of personal property that create in some or all of the property purchased a security interest to secure payment of the purchase price; and WHEREAS, the Bank desires to advance certain funds to enable the Borrower to purchase the Equipment (as hereinafter defined) and the Borrower desires to obtain said advance from the Bank and to purchase the Equipment pursuant to the terms and conditions hereinafter set forth; and WHEREAS, the obligation of the Borrower to make Installment Payments (as hereinafter defined) and other payments required under Section 3 hereof, and WHEREAS, in order to secure the obligations of the Bank hereunder, the Borrower has requested that the Bank set aside in escrow with the Escrow Agent (as hereinafter defined), pursuant to the terms of this Contract and the Escrow Agreement (as hereinafter defined), some or all of the costs of the purchase of the Equipment pending its purchase; and WHEREAS, the Bank and the Borrower each have duly authorized the execution and delivery of this Contract. NOW, THEREFORE, for and in consideration of the premises and of the covenants hereinafter contained, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: SECTION 1. DEFINITIONS For purposes of this Contract, the following definitions will apply: 1.1 "Change in Deductibility" has the meaning set forth in Section 15.3. 1.2 "Date of Taxability" has the meaning set forth in Section 15.2. 1.3 "Determination of Taxability" has the meaning set forth in Section 15.2. P188 hereunder. 1.4 "Disbursement Request" means a request made in accordance with Section 2 hereto. 1.5 "Equipment" means the personal property described in Exhibit A attached 1.6 "Escrow Agent" means First -Citizens Bank & as Escrow Agent. Trust Company in its capacity 1.7. "Escrow Agreement" means the Escrow Agreement between the Borrower and the Escrow Agent, dated as of the date of execution and delivery of this Contract, all of the terms, definitions, conditions and covenants of which are incorporated herein by reference and made a part of this Contract as if fully set forth herein. 1.8 "Escrow Fund" means that portion of the Purchase Price deposited by the Bank with the Escrow Agent, which sum shall constitute the principal of the Escrow Fund, and shall be held by the Escrow Agent in escrow in a separate fund and applied in accordance with the provisions of the Escrow Agreement. 1.9 "Event of Taxability" has the meaning set forth in Section 15.2. 1.10 "Installment Payments" means those payments made by the Borrower to the Bank as described in Section 3 of this Contract and in the Payment Schedule. 1.11 "Net Proceeds," when used with respect to any proceeds from policies of insurance required hereunder or proceeds of any condemnation award arising out of the condemnation of all or any portion of the Equipment, means the amount remaining after deducting from the gross proceeds thereof all expenses (including, without limitation, attorneys' fees and costs) incurred in the collection of such proceeds. 1.12 "Nonqualification Date" has the meaning set forth in Section 15.3. 1.13 "Payment Schedule" means the document labeled "Payment Schedule" and attached hereto as Exhibit B and incorporated herein by reference, which describes the Borrower's Installment Payments due hereunder. 1.14 "Purchase Price" means the amount described in Exhibit B hereto, which will be advanced by the Bank to enable the Borrower to acquire the Equipment under the terms of this Contract. P189 SECTION 2. ADVANCE OF PURCHASE PRICE The Bank agrees to advance the Purchase Price to the Borrower and the Borrower agrees to borrow the Purchase Price from the Bank to be applied in accordance with the terms and conditions of this Contract. The proceeds of the Purchase Price shall be used to purchase the Equipment within a reasonable time following the date of this Agreement. All requests by the Borrower for advances from the Bank shall be made at least five (5) days prior to the requested advance, using a Disbursement Request form satisfactory to the Bank, together with any documents and/or other items as the Bank may determine to be necessary. The Bank may specify a requisition form substantially in the form set forth in Exhibit H attached hereto, or some other form. The Bank will authorize the Escrow Agent to advance some of all of the Purchase Price from the Escrow Fund to purchase some or all of the Equipment under this Contract following a Disbursement Request when it is deems itself assured that the Equipment to be purchased by the funds advanced secures the funds advanced in accordance with this Contract. SECTION 3. INSTALLMENT PAYMENTS AND OTHER PAYMENTS 3.1. Amounts and Times of Installment Payments and Other Payments. The Borrower shall repay the Purchase Price in installments as provided in Exhibit B to this Contract. Each installment shall be deemed to be an Installment Payment and shall be paid in the amounts and at the times set forth in the Payment Schedule except as provided herein. Installment Payments shall be sufficient in the aggregate to repay the Purchase Price together with interest thereon at a per annum rate equal to the rate per annum described in Exhibit B hereto. A portion of each Installment Payment is interest. All payments shall be applied first to any late payment charges or other amounts due hereunder that are neither interest nor principal, then to interest accrued to the date of payment, and thereafter to the unpaid principal balance in inverse order of maturity. 3.2. Place of Payments. All payments required to be made to the Bank hereunder shall be made at the Bank's principal office or as may be otherwise directed by the Bank or its assignee. 3.3. Late Charges. Should the Borrower fail to pay any Installment Payment or any other sum required to be paid to the Bank within fifteen (15) days after the due date thereof, the Borrower shall pay a late payment charge equal to four percent (4%) of the delinquent payment. 3.4. Abatement of Installment Payments. There shall be no abatement or reduction of the Installment Payments or other payments by the Borrower for any reason, including but not limited to, any defense, recoupment, setoff, counterclaim, or any claim (real or contingent) arising out of or related to the Equipment. The Borrower assumes and shall bear the entire risk of loss and damage to the Equipment from any cause whatsoever, it being the intention of the parties that the Installment Payments and other payments shall be made in all events unless the obligation to make such Installment Payments and other payments is terminated as otherwise provided herein. P190 3.5. Prepayment of Installment Payments. Provided the Borrower is not in default of its obligations hereunder, it shall have the option to prepay the outstanding Installment Payments designated as principal, in full and at any time, at a prepayment price equal to one hundred percent (100%) of the principal balance thereof, together with accrued interest to the date of prepayment, upon thirty (30) days prior written notice to the Bank. This pertains to each Exhibit B under the Contract. Partial prepayments are not allowed without the Bank's permission, which it may withhold or condition in its discretion. SECTION 4. NATURE OF CONTRACT This Contract is an installment purchase contract and security agreement pursuant to Section 15.2-951 and Title 8.9A (the "Commercial Code -Secured Transactions") of the Code of Virginia. SECTION 5. EXHIBITS TO CONTRACT The exhibits to this Contract are as follows: Exhibit A: Description of the Equipment. Exhibit B: Payment Schedule. Exhibit C: Foran of Incumbency and Authorization Certificate (to be furnished by the Borrower to the Bank at closing). Exhibit D: Form of Opinion Letter of Borrower's Counsel (Borrower to furnish to the Bank at closing). Exhibit E: Form Bank Eligibility Certificate (only applicable if first page indicates that the tax status of this Contract is "Bank Qualified") Exhibit F: Form of Continuous Insurance Coverage Declaration. Exhibit G: Form of Escrow Agreement. Exhibit H: Form of Disbursement Request. SECTION 6. RESPONSIBILITIES AND COVENANTS OF THE BORROWER 6.1. Care and Use. The Borrower shall use the Equipment in a careful and proper manner, in compliance with all applicable laws and regulations, and, at its sole cost and expense, shall service, repair and maintain the Equipment so as to keep the Equipment in good condition, repair, appearance and working order for the purposes intended, ordinary wear and tear expected, and shall replace any part of the Equipment as may from time to time become worn out. lost, stolen, destroyed or damaged or unfit for use. The Borrower shall use the Equipment only to perform the Borrower's governmental and proprietary functions. P191 6.2. Inspection. The Bank shall have the right upon reasonable prior notice to the Borrower to enter into and upon the premises where the Equipment is located to inspect the Equipment and observe its use during normal business hours. 6.3. Utilities. The Borrower shall pay, when due, all charges for utility services used in connection with the Equipment. There shall be no abatement of the Installment Payments on account of interruption of any such services. 6.4. Taxes. The Borrower shall pay, when due, all taxes levied by any governmental body as a result of the Borrower's ownership, possession, or use of the Equipment or as a direct or indirect result of the purchase of the Equipment by the Borrower. 6.5. Risk of Loss. The Borrower shall bear all risk of loss to and condemnation of the Equipment, and no such loss or damage and no defect or unfitness or obsolescence with respect to the Equipment shall relieve the Borrower of its obligation to make the Installment Payments. In the event of loss or damage to or condemnation of the Equipment, the Borrower shall either (a) continue to make the Installment Payments due hereunder and repair or replace the Equipment, or (b) prepay in full the principal components of the outstanding Installment Payments in accordance with Section 3.5 hereof. Said repair or replacement of the Equipment shall meet with the satisfaction of the Bank. 6.6. Performances the Bank of the Borrower's Responsibilities. Any performance required of the Borrower or any payments required to be made by the Borrower may, if not timely performed or paid, be performed or paid by the Bank, and, in that event, the Bank shall be immediately reimbursed by the Borrower for such payments and for any costs and expenses, legal or otherwise, associated with the payments or other performance by the Bank, with interest thereon at a per annum rate equal to the Bank's then -announced "Prime Rate" in effect on the last business day of the calendar month preceding the payment (but not exceeding the maximum rate, if any, permitted by applicable law). 6.7. Financial Statements. The Borrower agrees that it will furnish the Bank at such reasonable times as the Bank shall request current audited financial statements (including, without limitation, the Borrower's annual budget as submitted or approved), and permit the Bank or its agents and representatives to inspect the Borrower's books and records and make extracts therefrom at its own expense during regular business hours and in a manner which will not disrupt the normal business routine of the Borrower. The Borrower represents and warrants to the Bank that all financial statements which have been delivered to the Bank fairly and accurately reflect the Borrower's financial condition and there has been no material adverse change in the Borrower's financial condition as reflected in the financial statements since the date thereof. 6.8. Other Responsibilities and Conditions. Simultaneously with the execution of this Contract and prior to the advancement of any funds hereunder by the Bank, the Borrower shall cause to be provided to the Bank the following: (a) An Incumbency and Authorization Certificate in the form of Exhibit C attached hereto; P192 (b) An Opinion Letter of Borrower's Counsel in the form of Exhibit D attached hereto; (c) A certificate or other proof of insurance on the Equipment, in a form satisfactory to the Bank; (d) Certified copies of resolutions of the Borrower's governing body authorizing the Borrower to enter into this Contract and carry out its terms; (e) Properly executed UCC financing statements as required by Section 7.1 hereof; (f) A Non -Arbitrage Certificate, in the form required by the Bank; (g) If required by the Bank for a Contract that is indicated on the first page of this Contract to have either a "Bank Qualified" or "Non -Bank Qualified" tax status, an Opinion Letter from bond counsel, in form and substance and from an attorney satisfactory to the Bank, which states that the interest on the Borrower's obligations under the Contract will not be included in the gross income of the Bank for Federal and Virginia income tax purposes, and will not be an item of tax preference for purposes of the Federal alternative minimum income tax; (h) If required by the Bank for a Contract that is indicated on the first page of this Contract to have a "Bank Qualified" tax status, an Opinion Letter from bond counsel, in form and substance and from an attorney satisfactory to the Bank, which states that the Borrower's obligations under the Contract are "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986; (i) A certificate from Borrower's treasurer or other finance officer demonstrating to Bank's satisfaction that this Contract, together with all other indebtedness of the Borrower, does not exceed (a) ten percent of the assessed valuation of the real estate subject to taxation by Borrower, as shown by its last preceding assessment for taxes, excluding certain classes of indebtedness not required to be included under Article VII, Section 10, of the Constitution of Virginia, or (b) any other limits imposed upon the Borrower by charter or other applicable law; and (j) Executed originals of any other documents and instruments required by this Contract. 6.9. Special Tax Covenants. The Borrower covenants that; (a) it will make no use of the monies advanced by the Bank (the "proceeds") which would cause this Contract to be an "arbitrage bond" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), or the Treasury Regulations promulgated thereunder; (b) so long as the Contract remains in effect, the Borrower will comply with the requirements of Section 148 of the Code and the applicable Treasury Regulations promulgated thereunder and will not take or omit to take any action which will cause the interest paid or payable under this Contract to be includible in the gross income of the registered owner hereof; (c) the Equipment shall be used exclusively for essential governmental purposes of the Borrower and no use shall be made of the proceeds or of the Equipment, directly or indirectly, which would cause this Contract to be a "private activity P193 bond" within the meaning of Section 141 of the Code; (d) no part of the payment of principal or interest under this Contract is or shall be guaranteed, in whole or in part, by the United States or any agency or instrumentality thereof; (e) no portion of the proceeds shall be used, directly or indirectly, in making loans the payment of principal or interest with respect to which are to be guaranteed, in whole or in part, by the United States or any agency or any instrumentality thereof; (f) the Borrower shall not lease or otherwise make any of the Equipment available to any entity if such lease or other availability would cause the interest portion of the Installment Payments to be included in the gross income of the Bank under the Code for income tax purposes; and (g) any earnings on the Escrow Fund remitted to the Borrower shall be applied by the Borrower to pay capital costs for essential governmental purposes. The Borrower shall file on or before its due date IRS Form 8038-G or 8038 GC as applicable, and/or any other required federal or state filings, and shall furnish the Bank with certified copies of such filings. The Borrower shall not take or omit to take any action that may cause a loss of the federal, state or local tax-exempt status of this Contract or the interest thereon. This Section 6.9 shall not apply if the first page of this Contract indicates that this Contract has a "Taxable" tax status. SECTION 7. SECURITY INTEREST; LIENS 7.1. Security Interest. The Borrower hereby grants to the Bank a security interest in the Equipment and in any and all additions, accessions, repairs, replacements, substitutions, and modifications to the Equipment, and all proceeds of all the foregoing, including any insurance proceeds paid because of loss or damage to the Equipment, to the extent necessary to secure the Borrower's payment obligations to the Bank under this Contract. The Borrower shall execute and cause to be filed, at the Borrower's expense, financing statements and other related documents that are reasonably necessary under Title 8.9A (the "Commercial Code -Secured Transactions") of the Code of Virginia to perfect the above-described security interest by filing and to maintain that security interest in perfected form. If the Equipment is or includes one or more motor vehicles, the ownership of which is or are evidenced by a certificate of title(s), the Borrower shall cause the Bank's lien to be properly shown on such title(s) as a first lien security interest. The Equipment is and shall throughout the term of this Contract be and remain personal property, regardless of whether the Equipment is now or may become in any manner affixed or attached to real property or any building or fixtures on real property. If the Equipment is permanently located on real property not owned in fee simple by the Borrower, the Borrower shall obtain, if requested by the Bank, a waiver of any rights in and to the Equipment (including the rights of levy and distraint) from the person who gives the Borrower permission to use the real property on which the Equipment is located and from those holders of any recorded deeds of trust on the real property on which the Equipment is located. 7.2. Liens. The Borrower shall not directly or indirectly create, incur, assume or suffer to exist any lien, charge, security interest, encumbrance or claim on or with respect to the Equipment (except the security interest granted to the Bank). The Borrower shall promptly, at its own expense, take such action as may be necessary to duly discharge any such lien, security interest, charge, encumbrance or claim if the same shall arise at any time. The Borrower shall P194 reimburse the Bank for any expense incurred by it in order to discharge or remove any such lien, security interest, encumbrance or claim. SECTION 8. INSURANCE AND UNFORESEEN LOSSES 8.1. Insurance. The Borrower shall obtain and maintain, at its expense, at all times until termination of this Contract a primary policy of insurance covering the Equipment and providing the insurance protection described in this Section. The Borrower shall maintain at its own expense fire, casualty, public liability, property damage and theft insurance, and such other insurance as required by the Bank. The Borrower shall maintain such insurance in such amounts and with such deductibles, if any, as required by the Bank from time to time. The Equipment shall be insured in an amount at least equal to its replacement value. All such insurance shall be maintained with such insurance company or companies as shall be satisfactory to the Bank and shall provide that losses shall be payable to the Bank and the Bank shall be named as an additional insured with respect to all such insurance. The Borrower shall deliver to the Bank the policies of insurance or duplicates thereof or other evidence satisfactory to the Bank of such insurance coverage. Each insurer shall agree by endorsement upon the policy or policies issued by it that (i) it will give thirty (30) days prior written notice to the Bank of the cancellation or material modification of such policy; and (ii) the coverage of the Bank shall not be terminated, reduced or affected in any manner regardless of any breach or violation by the Borrower of any warranties, declarations and conditions of such insurance. The Borrower hereby appoints the Bank as the Borrower's attorney-in-fact (i) to make claim for, receive payment of, and execute and endorse all documents, checks or drafts received in payment under any such insurance policies; and (ii) to make, adjust, settle or release any claims under or relating to such insurance. The Borrower agrees to cooperate fully in all accident insurance investigations, claims and litigation proceedings. The Borrower shall cooperate fully with the Bank in filing any proof of loss with respect to any insurance policy described above. In no event shall the Borrower voluntarily settle, or consent to the settlement of, any proceeding arising out of any insurance claim with respect to the Equipment without the written consent of the Bank. The Bank may, but shall not be required, to permit the Borrower, in lieu of obtaining the foregoing policies of insurance, to adopt alternative risk management programs including, without limitation, to self -insure in whole or in part, individually or in connection with other units of local government or other institutions, to participate in programs of captive insurance companies, to participate with other units of local government or other institutions in mutual or other cooperative insurance or other risk management programs, to participate in State or federal insurance programs, to take advantage of State or federal laws now or hereafter in existence limiting liability, or to establish or participate in other alternative risk management programs.. 8.2 Loss and Damage. In the event of damage to any item of Equipment, Borrower shall within five (5) days notify Lessor in writing of such loss or damage in all material particulars, and within 15 days thereafter notify Lessor in writing of the course of action, consistent with this Section 8.2, which it intends to take with respect to such lost or damaged Equipment. Borrower shall within thirty (30) days thereafter: (and may apply the proceeds of any insurance coverage to, either directly or by way of reimbursement): P195 (a) place the damaged Equipment in good repair at Borrower's sole expense, the adequacy of such repairs being subject to Bank's reasonable approval; (b) replace at Borrower's sole expense the lost or damaged Equipment with equipment having substantially similar specifications and of equal or greater value to the lost or damaged Equipment immediately prior to the time of the loss or damage, such replacement equipment to be subject to Bank's reasonable approval, whereupon such replacement equipment shall be substituted on Exhibit A hereto and other related documents by appropriate endorsement or amendment shall be executed, including documents which perfect the Bank's security interest in the replacement Equipment; or (c) pay Bank in cash all of the following: (i) all amounts owed by Borrower to Bank under this Contract in the then -current Fiscal Year and (ii) the remaining principal balance payable hereunder following such payment. Upon Bank's receipt of such payment, Borrower shall be entitled to whatever interest Bank may have in said item, in its then condition and location, without warranty expressed or implied. 8.3. Condemnation. Borrower shall immediately notify Bank if any governmental authority shall institute, or shall notify Borrower of any intent to institute, any action or proceeding for the taking of, or damages to, all or any part of the Equipment or any interest therein under the power of eminent domain, or if there shall be any damage to the Equipment due to governmental action, but not resulting in a taking of any portion of the Equipment. Borrower shall file and prosecute its claims for any such awards or payments in good faith and with due diligence and cause the same to be collected and paid over to Bank, and to the extent permitted by law hereby irrevocably authorizes and empowers Bank, in the Borrower's name or otherwise, to collect and receipt for any such award or payment and to file and prosecute such claims. Any condemnation award shall be applied in the same manner as insurance proceeds as if the Equipment was lost or damaged as further provided in this Section 8.3. 8.4 Net Proceeds. The Net Proceeds of any insurance policies or condemnation awards shall be deposited in any Escrow Fund or, if no Escrow Fund exists, in a separate fund held by the Bank. Unless the Borrower shall exercise its option to prepay in full the outstanding Installment Payments under Section 8.2(c), all Net Proceeds so deposited shall be applied to the prompt repair or replacement of the Equipment upon receipt of requisitions acceptable to the Bank and the Borrower stating with respect to each payment to be made: (a) the requisition number; (b) the name and address of the person, firm, or corporation to whom payment is due; (c) the amount to be paid; and (d) that each obligation mentioned therein has been properly incurred, is a proper charge against the Escrow Fund or the separate fund, as the case may be, and has not been the basis of any previous withdrawal and specifying in reasonable detail the nature of the obligation, accompanied by a bill or a statement of account for such obligation. Any repair or replacement paid for in whole or in part out of such Net Proceeds shall be the property of the Borrower, subject to Bank's security interest, and shall be included as part of the Equipment under this Contract. P196 Any Net Proceeds not applied to repair or replacement shall be paid first to the Bank to the extent necessary to pay the principal portion of the remaining Installment Payments, accrued but unpaid interest, and any other amounts due under this Contract related to the Equipment condemned, and then the balance remaining, if any, shall be paid to the Borrower. SECTION 9. WARRANTIES AND REPRESENTATIONS OF THE BORROWER The Borrower warrants and represents to the Bank (all such representations and warranties being continuing) as follows: (a) The Borrower is a public body politic duly created and existing under the laws of the Commonwealth of Virginia as a political subdivision of the Commonwealth of Virginia, and has all powers necessary to enter into the transactions contemplated by this Contract and to carry out its obligations hereunder; (b) This Contract, and all other documents relating hereto, have been duly and validly authorized, approved, executed and delivered by the Borrower, and the performance by the Borrower of its obligations under such documents has been approved and authorized, under all laws, regulations and procedures applicable to the Borrower, including, but not limited to; compliance with all applicable public meeting and bidding requirements, and the transactions contemplated by this Contract and all other documents relating hereto constitute a public purpose for which public funds may be expended pursuant to the Constitution and laws of the Commonwealth of Virginia, and, assuming due authorization, execution and delivery hereof by the Bank, constitute valid, legal and binding obligations of the Borrower, enforceable in accordance with their respective terms, except as enforcement thereof may be limited by general principles of equity or by bankruptcy, insolvency and other laws affecting the enforcement of creditors' rights generally; (c) No approval or consent is required from any governmental authority with respect to the entering into or performance by the Borrower of this Contract and the transactions contemplated hereby, or, if any such approval is required, it has been duly obtained; (d) There is no action, suit, proceeding or investigation at law or in equity before or by any court, public board or body pending or, to the best of the Borrower's knowledge, threatened, against or affecting the Borrower challenging the validity or enforceability of this Contract or any other documents relating hereto, or the performance of the Borrower's obligations hereunder, and compliance with the provisions hereof, under the circumstances contemplated hereby, does not and will not in any material respect conflict with, constitute on the part of the Borrower a breach of or default under, or result in the creation of a lien or other encumbrance on any property of the Borrower (except as contemplated herein) pursuant to any agreement or other instrument to which the Borrower is a party, or any existing law, regulation, court order or consent decree to which the Borrower is subject; (e) There are no liens or encumbrances on the Equipment other than the lien created by this Contract; 1a P197 (f) Resolutions relating to the performance by the Borrower of this Contract and the transactions contemplated hereby have been duly adopted, are in full force and effect, and have not been in any respect amended, modified, revoked or rescinded; (g) The purchase of the Equipment is essential to the proper, efficient and economical operation of the Borrower and the delivery of its service and the Equipment will provide an essential use and permit the Borrower to carry out public functions that it is authorized by law to perform; (h) The security interest granted by the Borrower to the Bank in the Equipment shall have been duly perfected and shall constitute a first lien security interest in the Equipment; and (i) Unless the first page of this Contract indicates that this Contract has a "Non - Bank Qualified" or "Taxable" tax status: the Borrower has designated its obligation hereunder as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Internal Revenue Code. The Borrower (i) has not, does not expect to and shall not issue, directly or indirectly through subordinate units, more than $10,000,000 of tax-exempt obligations (other than private activity bonds) during this calendar year and (ii) has not and shall not designate during this calendar year more than $10,000,000 of its obligations (or of its subordinate units) as "qualified tax-exempt obligations." SECTION 10. INDEMNIFICATION To the extent permitted by applicable law, the Borrower hereby agrees to indemnify, protect and save the Bank and the Escrow Agent harmless from all liability, obligations, losses, claims, damages, actions, suits, proceedings, costs and expenses, including attorneys' fees, arising out of, connected with, or resulting directly or indirectly from the Equipment, including without limitation, the possession, condition or use thereof. The indemnification arising under this Section shall continue in full force and effect notwithstanding the payment in full of all obligations under this Contract. SECTION IL DISCLAIMER OF WARRANTIES 1 1.1. No Representations by the Bank. The Borrower acknowledges that it has inspected the Equipment and found the Equipment to be satisfactory and acknowledges and agrees that it has selected the Equipment based upon its own judgment and disclaims any reliance upon any statements or representations made by the Bank with respect thereto. 11.2. Disclaimer By the Bank. THE BANK MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE CONDITION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE EQUIPMENT. P198 SECTION 12. DEFAULT AND REMEDIES 12. I. Definition of Event of Default. The Borrower shall be deemed to be in default hereunder upon the happening of any of the following events of default (each, an "Event of Default"): (a) The Borrower shall fail to make any Installment Payment or fail to pay any other sum hereunder when due; or (b) The Borrower shall fail to perform or observe any term, condition or covenant of this Contract or shall breach any warranty by the Borrower herein or therein contained; or (c) The Borrower's governing body shall fail to budget and appropriate in its budget for any fiscal year monies sufficient to pay all of the Installment Payments and the reasonably estimated additional payments under this Contract coming due in the next ensuing fiscal year or shall delete from its adopted budget any appropriation for such purposes; or (d) Proceedings under any bankruptcy, insolvency, reorganization or similar litigation shall be instituted by or against the Borrower, or a receiver, custodian or similar officer shall be appointed for the Borrower or any of its property, and such proceedings or appointments shall not be vacated or fully stayed after the institution or occurrence thereof; or (e) Any warranty, representation or statement made by the Borrower herein or in any other document executed or delivered in connection herewith is found to be incorrect or misleading in any material respect on the date made; or (f) An attachment, levy or execution of a security interest or lien is levied upon or against the Equipment. dies on t. n the occurrence of any Event of t, the Bank may exercise anyo e or mo a of the following remedies as the Bank n is sole discretion shall elect: (a) Declare the entire principal amount of the Installment Payments and all accrued interest and other charges immediately due and payable without notice or demand to the Borrower; (b) Proceed by appropriate court action to enforce performance by the Borrower of the applicable covenants of this Contract or to recover for the breach thereof; (c) Exercise all the rights and remedies of a secured party or creditor under the Uniform Commercial Code of the Commonwealth of Virginia and the general laws of the Commonwealth of Virginia with respect to the enforcement of the security interest granted or reserved hereunder, including, without limitation, to the extent permitted by law, take possession of any collateral without any court order or other process of law and without liability for entering the premises and sell, lease, sublease or make other disposition of the same in a commercially reasonable manner for the account of the Borrower, and apply the proceeds of any such sale, lease, 12 P199 sublease or other disposition, after deducting all costs and expenses, including court costs and attorneys' fees, incurred with the recovery, repair, storage and other sale, lease, sublease or other disposition costs, toward the balance due under this Contract and, thereafter, shall pay any remaining proceeds to the Borrower; (d) Terminate this Contract as to all or any part of the Equipment and use, operate, lease or hold all or any part of the Equipment as the Bank in its sole discretion may decide; and (e) Take possession of any proceeds of the Equipment, including Net Proceeds (f) Terminate the Escrow Fund in accordance with the Escrow Agreement. 12.3. Further Remedies. All remedies of the Bank are cumulative and may be exercised concurrently or separately. The exercise of any one remedy shall not be deemed an election of such remedy or preclude the exercise of any other remedy. The Borrower agrees to pay to the Bank all court costs and reasonable attorney fees incurred by Bank in enforcing the Bank's rights and remedies under this Contract. SECTION 13. ASSIGNMENT 13.1. Assignment by the Borrower. The Borrower agrees not to sell, assign, lease, sublease, pledge or otherwise encumber or suffer a lien or encumbrance upon or against any interest in the Equipment or this Contract (except for the lien and security interest of the Bank therein) without the Bank's prior written consent. 13.2. Assignment by the Bank. The Bank may, at any time and from time to time, assign all or any part of its interest in the Equipment, this Contract, the Note and/or this Deed of Trust, including without limitation, the Bank's rights to receive the Installment Payments and any additional payments due and to become due hereunder. Any assignment made by the Bank or any subsequent assignee shall not purport to convey any greater interest or rights than those held by the Bank pursuant to this Contract. The Bank or its assignees may assign or reassign either this entire Contract or a partial interest herein. All assignments by the Bank shall be subject to the following rules and conditions: (a) The Bank shall send written notice of the assignment and its effective date to the Borrower before it makes the assignment. Such notification shall be forwarded to the Borrower at least thirty (30) days before the effective date of the assignment. The notification shall include an executed copy of the assignment documents, shall specify the assignee's name and address, and shall provide the Borrower with instructions for making payments after the effective date of the assignment. The requirement of thirty (30) days notice may be waived in writing by the Borrower. (b) The Borrower shall not be obligated to make payments to anyone other than the Bank until the notification specified in part (a) of this Section is received by the Borrower or until the effective date of the assignment, whichever is later. Should the Borrower incorrectly 13 P200 make payments to the Bank after the conditions specified in the preceding sentence are met, the Bank shall return those payments to the Borrower. (c) When the Borrower receives the notification specified in subparagraph (a) of this Section, it shall send written acknowledgment of the same to the Bank and shall record the assignment on the Borrower's "records." (d) The Bank shall require each of its assignees to (1) conform to the notification requirements of this Section in the event of further assignments, and (2) require such conformity from that assignee's assignees. (e) The Borrower shall execute, at the Bank's request, notice of assignment and other related documents that are reasonably necessary to protect the security interest in the Equipment or in this Contract, and to maintain those security interests in perfected form. After the giving of notice described above to the Borrower, the Borrower shall thereafter make all payments in accordance with the notice to the assignee named therein and shall, if so requested, acknowledge such assignment in writing, but such acknowledgment shall in no way be deemed necessary to make the assignment effective. 13.4 Book-EntrySvstem. This Contract and any interest herein may be transferred only through a book entry system as prescribed by Section 149(a) of the Internal Revenue Code of 1986 and the Regulations thereunder as the same may be amended from time to time. During the term of this Contract, Borrower shall keep a complete and accurate record of all assignments and other transfers in form and substance necessary to comply with Section 149(a) of the Internal Revenue Code. Upon assignment of Bank's interest herein, Borrower will cause written notice of such assignment to be sent to Bank and, upon receipt of such notice of assignment, Borrower shall: (i) acknowledge the same in writing to Bank; and (ii) record the assignment in Borrower's "book entry system" as that term is defined in Section 149(a) of the Code. No further action will be required by Bank or Borrower to evidence the assignment. 13.5 Escrow Fund Assignment by the Bank. The Bank may freely assign all or any part of its interest in the Escrow Fund and its duties as Escrow Agent in connection with an assignment by the Bank of this Contract. SECTION 14. NO FUTURE RESTRICTION ON BORROWER No provision of this Contract shall be construed or interpreted to restrict the future issuance of any of the Borrower's bonds or obligations payable from any class or source of the Borrower's moneys. To the extent of any conflict between this Section and any other provision of this Contract, this Section shall take priority. SECTION 15. TAX-EXEMPT INTEREST 15.1. Intent of Parties. Unless the first page of this Contract indicates that this Contract has a "Taxable" tax status, it is the intention of the parties hereto that the interest portion of the Installment Payments paid by the Borrower to the Bank under this Contract shall be tax- exempt under Section 103 of the Internal Revenue Code. 14 P201 15.2. Determination or Event of Taxability. If at any time there is a "Determination of Taxability" or "Event of Taxability," as hereinafter defined, the interest rate under this Contract, from and after the Date of Taxability, as hereinafter defined, shall increase to the rate which will provide to the Bank the effective yield which it would have received had there not been a Determination of Taxability or Event of Taxability (the "Alternative Rate of Interest") payable for such time to the Date of Taxability. In such event, the Borrower also shall be required to pay to the Bank all amounts, if any, which may be necessary to reimburse the Bank for any interest, penalties or other charges assessed by the Internal Revenue Service and the Virginia Department of Taxation against the Bank by reason of the Bank's failure to include the interest portion of the Installment Payments in its gross income for income tax purposes. Installment Payment amounts under this Contract shall be increased as a result of the increased interest rate and additional interest as a result of said rate increase on all previous payments shall be paid to the Bank upon demand therefor. The Borrower shall pay to the Bank the above-mentioned Alternative Rate of Interest notwithstanding any transfer by the Bank or payment or prepayment by the Borrower prior to the date such Determination of Taxability was made. An Event of Taxability shall mean any event, occurrence or situation, resulting from an action, or failure to act, by the Borrower, the effect of which is to cause the interest portion of the Installment Payments to be includible in the gross income of the Bank for federal income tax purposes. A Determination of Taxability shall mean a determination that the interest portion of the Installment Payments is included in gross income of the Bank for federal income tax purposes, which determination shall be deemed to have been made upon the occurrence of the first to occur of the following: (a) the date on which the Bank is advised in writing by the Commissioner or any District Director of the Internal Revenue Service that, as a consequence of an action, or failure to act, by the Borrower, the interest portion of the Installment Payments (hereinafter called "Interest") is included in the gross income of the Bank for federal income tax purposes; (b) the date on which the Borrower receives notice from the Bank that the Bank has been advised (i) in writing that the Internal Revenue Service has issued a statutory notice of deficiency or similar notice to the Bank which asserts, in effect, that Interest received by the Bank is included in the gross income of the Bank for federal income tax purposes, as a result of an action, or failure to act, by the Borrower, or (ii) by an opinion of counsel (approved by the Bank and Borrower) received by the Bank which concludes, in effect, that Interest is included in the gross income of the Bank for federal income tax purposes as a result of an action, or failure to act, by the Borrower; (c) the day on which the Borrower is advised in writing by the Commissioner or any District Director of the Internal Revenue Service that there has been issued a public or private ruling of the Internal Revenue Service that the Interest is included in the gross income of the Bank for federal income tax purposes as a result of an action, or failure to act, by the Borrower; or (d) the day on which the Borrower is advised in writing by counsel to the Bank that a final determination, from which no further right of appeal exists, has been made by a court of competent jurisdiction in the United States of America in a proceeding with respect to which the Borrower has been given written notice and an opportunity to participate and defend that the Interest is included in the gross income of the Bank for federal income tax purposes, as a result of an action, or failure to act, by the Borrower. The Date of Taxability shall mean the first date upon which Interest is included in the gross income of the Bank for federal income tax purposes as a result of an Event of Taxability or a Detennination of Taxability. 15 P202 This section 15.2 shall not apply if the first page of this Contract indicates that this Contract has a "Taxable" tax status. 15.3 Bank Qualification. Unless the first page of this Contract indicate that this Contract has a "Non -Bank Qualified" or "Taxable" tax status: If at any time there is a "Change in Deductibility," as hereinafter defined, the interest rate payable hereunder shall increase, from and after the "Nonqualification Date" as hereinafter defined, to the rate which will provide to the Bank the effective yield which it would have received had there not been a Change in Deductibility. A "Change in Deductibility" means any determination by the Internal Revenue Service or any court of competent jurisdiction that the obligation of the Borrower hereunder is not a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Internal Revenue Code as a result or as a consequence of (i) an action, or failure to act, by the Borrower or (ii) a breach of any representation or warranty made by the Borrower to the Bank relating to the status of this Contract as a qualified tax-exempt obligation as defined above (including but not limited to the representations and warranties contained in Section 9(i) of this Contract). "Nonqualification date" means that date that this Contract is determined not to be a "qualified tax-exempt obligation" as a result of a Change in Deductibility. 15.4. Duty to Notify the Bank. The Borrower agrees to give prompt written notice to the Bank upon the Borrower's receipt of any oral or written notice or information from any source whatsoever to the effect that an Event of Taxability or a Determination of Taxability or a Change in Deductibility has occurred. SECTION 16. MISCELLANEOUS 16.1. Waiver. No covenant or condition of this Contract can be waived except by the written consent of the Bank. Any failure of the Bank to require strict performance by the Borrower or any waiver by the Bank of any terms, covenants or conditions herein shall not be construed as a waiver of any other breach of the same or any other term, covenant or condition herein. 16.2. Severability. If any provision in this Contract shall be held to be invalid or unenforceable by a court of competent jurisdiction, such ruling shall not affect any other term or provision herein, except that the invalid or unenforceable provision and the other provisions in this Contract automatically shall be modified as minimally as possible so as to be valid and enforceable and to effectuate the intent of the parties, provided that such modification can be made while still preserving the intent of the parties, and the remaining terms and provisions, as modified, if modified, shall remain binding on the parties. In the event that no such modification can be made while still preserving the intent of the parties hereto, then the invalid or unenforceable provision shall be stricken from this Contract, and the remaining terms, if sufficient to constitute a binding contract, shall remain in full force and effect. 16.3. Governine Law. This Contract shall be construed, interpreted and enforced in accordance with the laws of the Commonwealth of Virginia. 16.4. Notices. Any and all notices, requests, demands, and other communications given under or in connection with this Contract shall be in writing and shall be deemed to have 16 P203 been given when the writing is delivered, if given or delivered by hand, overnight delivery service, or facsimile or electronic transmitter (with confirmed receipt), or three (3) days after being mailed, or on the day it was actually received, whichever is earlier, if mailed by first class United States mail, postage prepaid, to the mailing address, telecopy number or email addresses set forth below: If to the Bank, address to: First -Citizens Bank & Trust Company FCC Mail Code: 994082 1230 Main Street Columbia, SC 29201 Telephone for Overnight: 803-931-1721 Facsimile: 803-931-8648 Email: courtneydunlap@firstcitizens.com Attention: Courtney Dunlap, Government Lending Coordinator If to the Borrower, address to: 0.n l�W t+ct Si ho IS o 0 3 J (ilQ+ham S3 j Telephone for Overnight: (4 34) L4 3 d— a_7to 1 Facsimile: N 3A) Li 3a— 951, o Email: (Murk J00 ce pc -s k-( 'k VG.US Attention: N\rjrtc \�.�es hpznn+�^c(ent The Borrower or the Bank may, by notice given hereunder, designate any further or different addresses or telecopy numbers to which subsequent demands, notices, approvals, consents, requests or other communications shall be sent or persons to whose attention the same shall be directed. The Bank also may give notice to the Borrower at any updated address for the Borrower of which the Borrower gives the Bank informal notice which the Bank maintains in its records. 16.5. Section Headings. All section headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision of this Contract. 16.6. Entire Contract. This Contract, together with the exhibits and attachments hereto, which are incorporated herein by reference, constitutes the entire Contract between the parties and this Contract shall not be modified, amended, altered or changed except by written agreement signed by the parties. 16.7. BindingEffect. ffect. This Contract shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. provisions. 16.8. Time. Time is of the essence of this Contract and each and all of its 17 P204 16.9. Execution in Counterparts. This Contract may be executed in any number of counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. ND: 4813-2001-1310, v. 1 [SIGNATURE PAGE FOLLOWS] ILI P205 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed as of the day and year first above written. Pittsylvania County School Board By: ( c Name: LcLtytn l� l�nss Title: ATTEST: Name: T0. n e f E Title: elf v -k of ft'e 8n` 4 [SEAL.' FIRST -CITIZENS BANK &TRUST COMPANY Name: Steve Groth Title: Senior Vice President Borrower's Address Bank's Address First -Citizens & Trust Company Attn: Courtney Dunlap Ou h 3 1230 Main Street V A blV 3 t Columbia, SC 29201 [SIGNATURE PAGE TO INSTALLMENT FINANCE CONTRACT] IL: P206 EXHIBIT A DESCRIPTION OF EQUIPMENT Installment Purchase Contract Date: September 29, 2016 Borrower: Pittsylvania County School Board Purchase Price: $972,924 Description and Serial Department and Purpose or Location of Equipment After Number Function of Equipment Delivery 04 e Transportation - transport students Transportation - transport students Transports lion -transport sluden is Transportation - transport students Transportation - transport students Transportation - transport students "rransporlation - transport students Transportation - transport students Transportation - transport students Transportation - transport students n - transport - Semite Tru Pupil Transportation Department Pupil Transporlalion Department Pupil Tsalsporlatlon Department Pupil Transportation Department Pupil Transportation Department Pupil Transporlalion Department Pupil Transporlalion Department Pupil Transportation Department Pupil Transportation Department Pupil I ransportation Department Pupil Transportation Department Pupil Transportation Deparlmenl Issuer: Pittsylvania County School Board By: �,Q L",Y Name: ce, I \n n D Da u Title: CPka,Y ,tae, Date: September 29, 2016 P20 7 EXHIBIT B PAYMENTSCHEDULE Installment Purchase Contract Date: September 29, 2016 Borrower: Pittsylvania County School Board Purchase Price: $972,924 The interest rate is 1.12% per annum. Interest is calculated and imposed on the unpaid balance of the Purchase Price, based on the payment schedule described herein. The Purchase Price plus interest shall be repaid by Issuer to Bank in three (3) annual payments of $327.926.69, beginning on the closing date of September 29, 2016 and continuing on the same day every year thereafter, until paid in full. Due at Inception: Origination Fee $0 Amount $ 972,924 Rate 1.12% Term (Years) Two (2) Payment Number Payment Date Payment Principal Interest Balance 1 9/29/16 $ 327,926.69 $ 327,926.69 $ 0 $ 644,997.31 2 9/29/17 $ 327,926.69 $ 320,702.72 $ 7,223.97 $ 324,294.59 3 9/29/18 $ 327,926.69 $ 324,294.59 $ 3,632.10 $ 0 Total $ 983,780.07 $ 972,924 $ 10,856.07 Issuer: Pittsylvania County School Board By. C !tel �xaYa J Name: Cn Iv b. Moss Title: CW1.11 non Date: September 29, 2016 P208 EXHIBIT C INCUMBENCY AND AUTHORIZATION CERTIFICATE In connection with the execution and delivery by Pittsylvania County School Board, (the "Borrower") of an Installment Purchase Contract dated Sc.cn b-. 29, 201{� between the Borrower and First -Citizens Bank & Trust Company, 1, Ta et F. Glu w.k do hereby certify that I am the duly appointed Clerk of P,yru,:, Ccvu� 5.ly�l political subdivision and body corporate and politic existing under ae laws h Commonwealth of Virginia, and that 1 have custody of the official minutes and other pertinent records of that body. 1 further certify that: I . As of the date of this certificate, the persons named below hold the positions listed opposite their names. 2. The persons named below were authorized by a resolution of the Borrower's governing body, passed in a regular meeting held on .Sff b -r /3 2o!!p , to execute and deliver on behalf of the Borrower the aforesaid Installment Purchase Contract to evidence the obligation of the Borrower in connection with the purchase of personal property and the creation of a security interest in the purchased property, together with all other documents and instruments required and contemplated by said Installment Purchase Contract, and to carry out the terms of all of the foregoing, all under and pursuant to the provisions of Section 15.2-951 of the Code of Virginia, as amended. Attached hereto is a true, complete and accurate copy of such resolution. Such resolution has not been amended, rescinded, terminated or otherwise revoked and is in full force and effect. 3. The signatures set opposite the names and positions of the persons named below are such persons' true and authentic signatures. Name Position Signature " U kny b. D. s� C k& i V, gncn 1 .C�/U/Yb_ IN WITNESS WHEREOF, I have duly executed this certificate and have affixed to it the seal of Pills jtym:, Cu Virginia on this / 3 f` day of -5 -.. 120 /6. ISEALI By: Name: 7- Anel F k;;�,,R Title: clerk of ffe Bc,. P209 GENTRY LOCKE Attorneys September 29, 2016 First -Citizens Bank & Trust Company FCC Mail Code: 994082 1230 Main Street Columbia, SC 29201 Clark H. Worthy worthy@genhylocke.00m P: (540)963-9384 F: (540) 983-9400 Re: $972,924 Virginia Installment Purchase Contract — Escrow dated September 29, 2016 (the "Contract"), between First -Citizens Bank & Trust Company (the `Bank") and Pittsylvania County School Board (the "Borrower") Ladies and Gentlemen: We are legal counsel for the Pittsylvania County School Board (the "Borrower") and are familiar with the above -referenced Contract, and all other documents to be executed by Borrower in connection therewith (the "Installment Purchase Documents"). We have examined the Installment Purchase Documents, the resolutions adopted by the Borrower to authorize and execute the Installment Purchase Documents, and such other documents, records, and provisions of law as we deemed relevant and necessary as a basis for rendering the following opinion. As to questions of fact material to the opinions and statements set forth herein, we have relied upon representations of the Borrower set forth in the Installment Purchase Documents and other certificates and representations by persons including representatives of the Borrower. Whenever an opinion or statement set forth herein with respect to the existence or absence of facts is qualified by the phrase "to the best of our knowledge" or a phrase of similar import, it is intended to indicate that during the course of our representation of the Borrower in connection with the Installment Purchase Documents no information has come to our attention that should give us current actual knowledge of the existence or absence of such facts. Except to the extent expressly set forth herein, we have not undertaken any independent investigation of the existence or absence of such facts, and no inference as to our knowledge or the existence or absence of such facts should be drawn from the fact of our representation or any other matter. Based upon such examination and assuming the authorization, execution, delivery and enforceability of all documents by parties other than the Borrower, we are of the opinion that: I. The Borrower is a duly organized or created and validly existing political subdivision of the Commonwealth of Virginia and is authorized under the laws of the 281031800017721375v P210 ( GENTRY LOCKE First -Citizens Bank & Trust Company September 29, 2016 Page 2 Commonwealth of Virginia and the United States of America to enter into the Installment Purchase Documents and to perform its obligations under the Installment Purchase Documents. 2. The Installment Purchase Documents have been duly authorized by a resolution of the governing body of the Borrower, and have been this day properly executed by the officials authorized to execute them, and delivered to the Bank. 3, The Borrower has complied with any applicable bidding, budgeting, and other laws related to its entering into the Installment Purchase Documents and carrying out the terms of the Installment Purchase Documents. 4. The Installment Purchase Documents are valid and legally binding obligations of the Borrower enforceable against the Borrower in accordance with their respective terms, subject to appropriation by the Borrower. The obligations of the Borrower under the Installment Purchase Documents, and the enforceability of such obligations, may be limited or otherwise affected by (a) bankruptcy, insolvency, reorganization, moratorium and other laws affecting the rights of creditors generally, (b) principles of equity, whether considered at law or in equity, (c) the exercise of sovereign police powers of the Commonwealth of Virginia, and (d) rules of law which may limit the enforceability on public policy grounds of any obligations of indemnification undertaken by the Borrower. 5. The provisions of Section 7 of the Contract are effective to create for the benefit of Bank a valid security interest in all right, title and interest of the Borrower in the Equipment in which a security interest may be created under Article 9 of the Uniform Commercial Code currently in effect in the Commonwealth of Virginia (the "Virginia UCC"). Upon the later of the attachment of the security interest and the filing of a financing statement (referenced in Section 7.1 of the Contract) with the Virginia State Corporation Commission, the Bank will have a perfected security interest in that portion of the Equipment in which a security interest can be perfected by filing a financing statement under Article 9 of the Virginia UCC. 6. Under existing statutes, regulations and rulings, interest under the Contract is excluded from gross income for federal income tax purposes, and interest under the Contract will continue to be so excluded so long as (1) the Borrower complies with the requirements of Section 148(f) of the Code (as defined in the Contract) in order to prevent the Contract from being an arbitrage bond and (b) the Borrower complies with the relevant covenants set forth in the Contract that must be complied with subsequent to the execution of the Contract. Interest under the Contract is not an item of tax preference under Section 57 of the Code for purposes of federal alternative minimum tax imposed on individuals and corporations, but such interest is taken into account in determining adjusted current earnings (as defined in Section 56(g)(3) of the Code) for purposes of calculating the amount of such tax for corporations. 28103/8000/7721 375v P211 GENTRY LOCKE First -Citizens Bank & Trust Company September 29, 2016 Page 3 7. Under existing statutes, interest under the Contract is exempt from all income taxation by the Commonwealth of Virginia and any political subdivision thereof. 8. The Borrower's obligations under the Contract are "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986. 9. To the best of our knowledge, the representations and warranties contained in Section 9 of the Contract are true and accurate. Notwithstanding anything to the contrary set forth in this opinion, this opinion is subject to the following exceptions, reservations, limitations, assumptions and qualifications: A. We express no opinion as to and our opinion above is subject to and limited by the enforceability, under certain circumstances, of contractual provisions respecting: severability; attorneys' fees, to the extent inconsistent with applicable law; indemnity, to the extent contrary to public policy; cumulations, non -exclusivity, or availability of remedies or the enforcement of contractual provisions to the extent contrary to public policy; provisions that contain a waiver of (i) broadly or vaguely stated rights, (ii) the benefits of statutory, regulatory, or constitutional rights, (iii) unknown future defenses, (iv) rights to damages or notice, (v) the right to trial by jury, service of process or objections to the laying of venue or forum in connection with any litigation arising out of or pertaining to the agreement in which such provision appears or (vi) the statute of limitations; provisions that attempt to change or waive rules of evidence or fix the method or quantum of proof to be applied in litigation or similar proceedings; non -waiver of remedies by a failure or delay of exercise; performance requirements, to the extent such requirements are beyond the control of the performer; choice of law provisions, choice of law clauses to the extent the provision could be determined by the court to be contrary to a public or fundamental policy of a state or country whose law would apply in the absence of a choice of law clause and to involve and issue in which such state or country has a materially greater interest in the determination of the particular issue than does the state whose law is chosen; forum selection clauses and consent to jurisdiction clauses (both as to personal jurisdiction and subject matter jurisdiction); restraints on trade; and any contractual provisions imposing penalties, forfeitures or an increased rate of interest upon delinquency in payment or the occurrence of a default or with respect to the capitalization of interest. B. We express no opinion as to and our opinion above is subject to and limited by the unenforceability of contractual provisions or contracts found by a court to be or have been unconscionable or to constitute violations of public policy or to result in a wholly unintended level of hardship. 28103/8000/7721375vl P212 �' GENTRY LOCKE First -Citizens Bank & Trust Company September 29, 2016 Page 4 C. Our opinion is subject to and limited by the assumption that the Bank will enforce any rights and remedies it has under the Installment Purchase Documents and all exhibits thereto in good faith and in a commercially reasonable manner. D. We express no opinion, and none should be inferred, as to (i) the compliance of the Bank with any local, state, federal or foreign law or regulation that may, because of the nature of its respective business, be applicable to the transactions contemplated by the Installment Purchase Documents, (ii) compliance with or applicability of any local, state or federal environmental, hazardous waste, consumer protection, product safety or registration, fraudulent transfer, securities, or tax laws, rules or regulations, (iii) the enforceability of any nondisclosure or confidentiality provisions, restrictions, limitations or obligations contained in the Installment Purchase Documents, or (iv) the title of any person or party to any real or personal property, or the existence, creation, enforceability, perfection (except as expressly provided herein) or priority of any lien, security interest or other encumbrance in or on any real or personal property. E. No opinion is expressed as to whether a court would limit the exercise or enforcement of rights or remedies against the Borrower under the Installment Purchase Documents in the event of any default if it is determined that such default is not material or if such exercise or enforcement is not reasonably necessary for a non -defaulting party's protection. F. We express no opinion as to any provision in any of the Installment Purchase Documents whereby the Borrower purports to appoint an attorney in fact to act on behalf of the Borrower. O. This opinion relates only to matters as of 11:59 p.m. on the date hereof, and we express no opinion with respect to any transaction, transfer, conveyance or obligation occurring after such time on the date hereof. H. We express no opinion in paragraphs 5 and 9 with respect to (a) money, (b) deposit accounts, (c) letter of credit rights, (d) property covered by a certificate of title statute, (e) as -extracted collateral or timber to be cut, (f) any property subject to a statute, regulation or treaty of the United States whose requirements for a security interest's obtaining priority over the rights of a lien creditor with respect to the property preempt Section 8.9A -310(a) of the Virginia UCC, (g) goods that are or are to become fixtures as defined in Section 8.9A-102(41) of the Virginia UCC, (h) property of the type described in Section 8.9A-302 of the Virginia UCC, (i) commercial tort claims that are not listed and described with specification on an exhibit to the Contract, 0) after-acquired commercial tort claims, or (k) property for which a security interest may not be perfected by filing. 28103/8000/7721375vI P213 GENTRY LOCKE First -Citizens Bank & Trust Company September 29, 2016 Page 5 We have not been asked to, and do not, render any opinion with respect to any matters except as expressly set forth above. This opinion is solely for Bank's benefit, and the benefit of any successor or assign of Bank, to be used solely in connection with the transactions contemplated by the Installment Purchase Documents and may not be used for any other purpose, distributed to or relied upon by any other person, quoted in whole or in part or otherwise reproduced in any other document, in each case without our prior written consent, except (i) to any successor or assignee of Bank's interests in the Installment Purchase Documents, (ii) to Bank's independent auditors, (iii) to regulatory authorities having jurisdiction over Bank and (iv) as otherwise compelled by state or federal law. We do not undertake to advise you of any changes in the opinions expressed herein resulting from matters that might hereafter be brought to our attention. 28103/8000/7721375x1 P214 Very truly yours, �,'L L46, -K LLP Gentry Locke Rakes & Moore, LLP EXHIBIT E (for use only with Bank -Qualified Contracts) BANK ELIGIBILITY CERTIFICATE This Eligibility Certificate is executed and delivered this 29th day of_ September, 2016, with the consent and approval of ( Calvin D. Doss, Chairman) of the government unit signing below ('Borrower"). Borrower and First -Citizens Bank & Trust Company are parties to an Installment Purchase Contract relating to the financing of the following: [INSERT DESCRIPTION OF EQUIPMENT PURCHASE] (9) 64 Passenger Thomas buses @ $84,071.00 each (2) Special Needs Thomas buses @ $86,559.00 each (1) 2017 Ford F250 @ $29,055.20 (1) 2017 Ford F 150 @ $22,286.05 The undersigned official of Borrower, on behalf of Borrower, hereby certifies to First - Citizens Bank & Trust Company that the undersigned Borrower (i) has not issued and reasonably anticipates that it shall not issue, directly or indirectly though subordinate units, more than $10,000,000.00 of tax-exempt obligations during this calendar year, (ii) has not and shall not designate during this calendar year more than $10,000,000.00 of its obligations (or of its subordinate units) as "qualified tax-exempt obligations" and (iii) hereby designates the Installment Purchase Contract to which this certificate relates as a "qualified tax-exempt obligation" as defined in Section 265 (b)(3) of the Internal Revenue Code of 1986, as amended. (Affix Seal of Government Unit) Pittsylvania County School Board By: _ Name: Ca l wn D Doss Title: 041a.,f � ') P215 EXHIBIT F CONTINUOUS INSURANCE COVERAGE DECLARATION Borrower: Pittsylvania County School Board Bank: First -Citizens Bank & Trust Company Insurance Co.: Policy #: Agency: Address: Agent: Telephone: pwafG quo Whereas, the Borrower has entered into an agreement to finance personal property and insurance coverage is required by the Bank to protect its security interest. Borrower agrees to maintain insurance coverage on the property with the above designated company or another company of its selection during the term of financing. If coverage is not renewed or never acquired, and a loss occurs while the collateral is uninsured, the Borrower agrees to indemnify the Bank. The indemnification can be accomplished by the mutual agreement of the parties as follows: • The principal balance and accrued interest may be paid in full in satisfaction of the obligation. • The equipment is repaired to its original condition or replaced with equal value equipment, at the expense of the Borrower. • A replacement or substitution of collateral is acquired by the Borrower, at the Borrower's expense. The Borrower pledges to notify the Bank of a loss in whole or part within ten (10) days of any loss and agrees to cooperate with the Bank in obtaining insurance proceeds or through indemnification for any losses. The Borrower further certifies that the Borrower takes full responsibility of notifying the insurance agency/company and maintaining continuous coverage on the collateral. Pittsylvania County School Board By: �a Quu D Name: Cefin,l ib Title: 0 i-aA,i P216 EXHIBIT G ESCROW AGREEMENT THIS ESCROW AGREEMENT ("Agreement') is entered into and effective as of the 29th day of September 2016, by and between the Pittsylvania County School Board, a public body of the Commonwealth of Virginia (the 'Borrower") and FIRST -CITIZENS BANK & TRUST COMPANY in its capacity as escrow agent (the "Escrow Agent') and in its capacity as a lending bank (the 'Bank"). WITNESSETH: WHEREAS, Borrower entered into an Installment Purchase Contract dated as of the date hereof (the "Contract') with FIRST -CITIZENS BANK & TRUST COMPANY as Bank for the purpose of purchasing the personal property described in the Contract (the "Equipment'); and WHEREAS, Borrower is borrowing the sum of $972,924 DOLLARS (the "Purchase Price") from the Bank to finance the costs of the Project (the "Costs of Construction"); and WHEREAS, capitalized terms used in this Agreement without definition shall have the respective meanings given to them in the Contract; and WHEREAS, the Escrow Agent is willing to serve as Escrow Agent upon the terms and conditions herein set forth. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Creation of Escrow Fund. (a) Deposit into Escrow Account. Upon advance, some or all of the Purchase Price will be deposited by the Bank with the Escrow Agent into a special account of the Borrower with the Escrow Agent (the "Escrow Account'). The sum so deposited shall constitute the principal of the Escrow Fund, and shall be held by the Escrow Agent in escrow in a separate fund designated as the "Escrow Fund" and applied in accordance with the provisions of this Agreement. (b) Separate Fund. The Escrow Account shall be held separate and apart from all other funds of the Borrower. All moneys deposited in the Escrow Account are the property of Borrower. Borrower hereby agrees that it will only request withdrawal of funds from the Escrow Account as provided herein and only for application from time to time to the payment of "Equipment Acquisition Costs" (as defined below), All amounts when on deposit in P217 the Escrow Account shall be subject to a lien and charge in favor of the Bank to secure the Borrower's obligations under the Contract. (c) FDIC Insurance and Collateralization. The Escrow Fund will be insured to the fullest extent allowed by the Federal Deposit Insurance Corporation and will be collateralized to the extent and in the manner required by applicable law and regulation of the State of Virginia. 2. Investment of Escrow Fund. The Escrow Agent shall invest and reinvest the Escrow Fund in a Bank depository account. The Borrower agrees that such investment and reinvestment complies with federal, state and local laws, regulations and ordinances governing investment of escrowed funds held pursuant to a loan arrangement similar in substance to the arrangement contemplated by the Contract. Accordingly the Escrow Agent, so long as it invests the Escrow Fund in a Bank depository account, shall not be responsible for any liability, cost, expense, loss or claim of any kind, directly or indirectly arising out of or related to the investment or reinvestment of the Escrow Fund, and the Borrower agrees to release and indemnify and hold harmless the Escrow Agent and the Bank, pursuant to Section 7 of this Agreement, from any such liability, cost, expense, loss or claim. 3. Disbursements. (a) Payment by Escrow Agent. Unless the Escrow Fund is earlier terminated in accordance with the provisions of this Agreement, the principal of the Escrow Fund shall be disbursed by the Escrow Agent to the Borrower (or as otherwise instructed by the Bank) to pay for Equipment Acquisition Costs upon receipt of written authorization(s) from the Bank following a proper Disbursement Request. Except as otherwise agreed by the Bank in its discretion, disbursements shall be limited to two per calendar month. "Equipment Acquisition Costs" means all costs of the design, planning, acquiring, installing of the Equipment as determined in accordance with generally accepted accounting principles and that will not adversely affect the exclusion from gross income for federal income tax purposes of the designated interest component of "Installment Payments" (as defined in the Contract) including (a) sums required to reimburse the Borrower or its agents for advances made for any such costs, (b) interest during the installation process, and (c) all costs related to the financing of the Equipment through the Contract, including, but not limited to, engineering and legal fees. Any funds remaining in the Escrow Fund after purchase of all the Equipment to be purchased shall be applied in accordance with Section 3.1 of the Contract. (b) Distribution of Interest. Interest earned on the Escrow Fund shall be accrued and retained in the Escrow Fund. To the extent not used to pay Equipment Acquisition Costs or applied in accordance with Section 3.1 of the Contract, then upon instruction by the Bank the Escrow Agent shall remit the interest earned on the Escrow Fund to the Borrower. 4. Termination. The Escrow Fund shall be terminated at the earliest of: (a) the final distribution of principal and earnings of the Escrow Fund; (b) written notice to the Escrow Agent from the Bank of a default by the Borrower under the Contract; (c) termination of the Contract; or (d) termination of this Agreement. Upon termination of the Escrow Fund in P218 accordance with this Agreement, the Escrow Agent shall disburse the Escrow Fund, including interest earned on the Escrow Fund, as the Bank instructs. 5. Reliance of Escrow Agent on Documents. The Escrow Agent may act in reliance upon any written notice, request, waiver, consent, certificate, receipt, authorization, power of attorney, or other instrument or document which the Escrow Agent in good faith believes to be genuine and to be what it purports to be. The Escrow Agent shall not be liable in any manner for the sufficiency or correctness as to the form, manner of execution, or validity of any instrument or as to the identity, authority, or right of any person executing the same; and the Escrow Agent's duties hereunder shall be limited to the receipt of such moneys, instruments or other documents received by it as the Escrow agent, and for the disposition of the same in accordance herewith. 6. Limitation of Liability. Neither Escrow Agent nor its officers, employees, directors, agents or affiliates shall: (a) be liable for any good faith action, omission, or error in judgment in performing Escrow Agent's duties under this Agreement, but shall be liable only for losses caused by Escrow Agent's gross negligence or intentional misconduct in the performance of its duties under this Agreement; (b) in any event be liable for any special, speculative or consequential damages, even if advised of the possibility of such damages, or for any punitive damages; (c) be liable for any loss arising from any act or failure to act by any third party, including a failure to follow Escrow Agent's instructions or to honor its demands, or from any delay or difficulty arising from applicable rules, regulations, procedures, or requirements; (d) be liable for any loss arising from, or failure to perform when performance is rendered unfeasible, or significantly more costly, by causes beyond Escrow Agent's control, including equipment, communications and transportation failures and interruptions, governmental orders and actions, war or military action, civil unrest or commotion, catastrophes, strikes or other labor disturbances, or natural disasters; (e) be liable for loss or deemed in violation of any provision of this Agreement or applicable law if, promptly after the discovery of the mistake, Escrow Agent takes whatever actions may be practical under the circumstances to remedy the mistake, or if Escrow Agent is unable to correct a mistake due to Borrower's failure to act; (f) be subject to liability for acting in accordance with Borrower's instructions or arising from any other exercise of authority by Borrower; or (g) have any responsibility for providing legal or tax advice. Any liability of Escrow Agent to Borrower shall be limited to the lesser of the total fees charged or to be charged Borrower by Escrow Agent under this Agreement or the actual damages suffered by Borrower. 7. Indemnification of Escrow Agent Lien Against Escrow Fund. Unless the Escrow Agent is guilty of gross negligence or intentional misconduct with regard to its duties hereunder, the Borrower, to the fullest extent permitted by applicable law, agrees to indemnify the Escrow Agent and hold it harmless from any and all claims, liabilities, losses, actions, suits or proceedings at law or in equity, or any other expenses, fees or charges of any character or nature, which the Escrow Agent may incur or with which it may be threatened by reason of its acting as Escrow Agent under this Agreement; and in connection therewith, to indemnify the Escrow Agent against any and all expenses, including reasonable attorneys' fees and the cost of defending any action, suit or proceeding or resisting any claim. To the extent permitted by applicable law, the Escrow Agent shall be vested with a lien on all property deposited hereunder, for indemnification, for reasonable attorneys' fees, court costs, for any suit, interpleader or P219 otherwise, or any other expenses, fees or charges of any character or nature, which may be incurred by the Escrow Agent by reason of disputes arising between the Borrower and the Escrow Agent as to the correct interpretation of this Agreement and instructions given to the Escrow Agent hereunder, or otherwise, with the right of Escrow Agent, regardless of the instructions aforesaid, to hold the said property until and unless said additional expenses, fees and charges shall be fully paid. The indemnification obligations created by this Section 7 shall survive the termination of this Agreement. 8. Discretion of the Escrow Agent to file Civil Action in the Event of Dispute. If a disagreement about the interpretation of this Contract, or about the rights and obligations or the propriety of any action contemplated by the Escrow Agent hereunder shall arise, the Escrow Agent may, but shall not be required to, bring an appropriate civil action to resolve the disagreement. The Escrow Agent shall be reimbursed by the party adjudged at fault for all costs, including reasonable attorneys' fees, in connection with such civil action, and shall be fully protected in suspending all or part of its activities under Contract until a final judgment in such action is received. 9. Consultation with Counsel. If the Escrow Agent, after consultation with the Borrower, is unsure of its duties and obligations as Escrow Agent under this Agreement, it may consult with competent counsel of its own choice (which may be internal or external counsel to the Bank), and in those circumstances it (a) shall have full and complete authorization to act, and shall not be liable for acting, in accordance with the reasoned opinion of such counsel, and (b) shall be reimbursed for the reasonable expenses charged it by such counsel. The Escrow Agent shall otherwise not be liable for any mistakes of fact or errors of judgment, or for any acts or omissions of any kind unless caused by its gross negligence or willful misconduct. 10. Compensation of Escrow Agent. For its regular services under this Agreement, the Escrow Agent shall impose no fees or charges for its services. However, when unusual circumstances cause the Escrow Agent to take on extraordinary duties or responsibilities, the Escrow Agent will be entitled to charge Borrower a reasonable fee for its extraordinary services and to be reimbursed by Borrower for cost of its reasonable out-of-pocket expenses that can be directly allocated to those extraordinary expenses. In the event of litigation, arbitration or other dispute, the Escrow Agent is entitled to be reimbursed by Borrower for its attorneys' fees, court costs, and all other reasonable costs and expenses incurred in its performance of this Agreement. 11. Notices. Escrow Agent may send notices and communications to Borrower's current addresses of record (including telecopier numbers and email addresses) and may transmit them by mail, telecopier, electronic communication, messenger, courier or otherwise. All such communications will be deemed personally given to Borrower when delivered, whether or not actually received. Notice sent to Borrower by U.S. mail will be considered delivered three (3) days after it is deposited into the U.S. mail, postage prepaid, addressed to Borrower at the current mailing address in Escrow Agent's records. Borrower will notify Escrow Agent promptly in writing of any change in addresses. Escrow Agent may contact Borrower by telephone, and may record any telephone conversations. Escrow Agent is not required to record any telephone conversation, or to retain any recordings or transcriptions of P220 recordings, and Escrow Agent will not be liable for making or retaining, or not making or retaining, recordings. Notices from Borrower must be in writing and will be effective upon Escrow Agent's actual receipt, provided a reasonable opportunity is given for Escrow Agent to act upon such notice. Borrower may send notices and communications about the Escrow Fund and this Agreement by mail to: FIRST -CITIZENS BANK & TRUST COMPANY 1230 MAIN STREET COLUMBIA, SC 29201 ATTN: COURTNEY DUNLAP, 994082 12. Representative Client List. Escrow Agent may include Borrower's name on a representative client list to be used for marketing purposes unless instructed otherwise by Borrower in writing. Upon receipt of such instruction, Escrow Agent will not include Borrower's name in any marketing materials created thereafter. 13. Construction of Agreement. a. Capitalized Terms. Capitalized terms will have the meanings indicated by associated parentheticals unless the particular context clearly indicates that a different meaning was intended. b. Headings. The headings, titles, and captions within this Agreement are only for convenience of reference, and do not define, limit, or extend any provision herein. C. Entire Agreement. This writing constitutes the entire agreement between Borrower and Escrow Agent and supersedes any prior understanding or agreement between them concerning escrow services relating to the Contract. No oral or written representations, arrangements, understandings, or agreements exist between the parties relating to such services unless fully expressed in this Agreement. d. Gender and Number. Regardless of the gender and number actually used, the words and phrases of this Agreement shall be construed to include any other gender and any other number that the context requires. e. Governing Law. Except when the laws of the United States apply, this Agreement shall be construed and governed under the laws of the Commonwealth of Virginia, without regard to its conflicts of laws principles. f Presumptions. No provision of this Agreement will be more strictly construed against either party because that party or that party's counsel drafted it. P221 g. Execution in Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but which collectively shall constitute one and the same instrument. h. Amendment and Assignment. i. Escrow Agent may modify the terms of this Agreement by 30 days prior written notice to Borrower, and Borrower's continued acceptance of Escrow Agent's services after receipt of the notice will constitute Borrower's acceptance of the modification. Any other amendments, changes, alterations, modifications, additions, or qualifications to the terms of this Agreement must be made in writing and signed by Borrower and Escrow Agent. ii. This Agreement may not be assigned by the Borrower without the written consent of Escrow Agent, which consent shall not be unreasonably withheld or delayed. Escrow Agent may assign this Agreement in connection with a permitted assignment by Bank of the Contract. Any corporate successor to all or any relevant part of the business of Escrow Agent may continue to provide services as Escrow Agent under this Agreement without the necessity of transfer, conveyance, or assignment. IN WITNESS WHEREOF, the parties hereto have caused this Escrow Agreement to be executed as of the day and year first above written. [SIGNATURES APPEAR ON FOLLOWING PAGE P222 PITTSYLVANIA COUNTY SCHOOL BOARD, AS BORROOW� ERS , / Print: (a)to i D. Doss Title: char /ma n FIRST -CITIZENS BANK & TRUST COMPANY, AS BANK AND AS ESCROW AGENT LA Print: STEVE GROTH Title: SENIOR VICE PRESIDENT (SIGNATURE PAGE TO ESCROW AGREEMENT] P223 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Expenditure Refunds for February 2017 -Requires a motion, second and a 10 -day layover SUBJECT/PROPOSAL/REOUEST: Budget Amendment for expenditure refunds STAFF CONTACT(S): BACKGROUND: AGENDA DATE: 3-21-17 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Expenditures Refunds Memo REVIEWED BY: C;` ITEM NUMBER: 13(c) INFORMATION: Attached is a list of expenditure refunds for the month of February 2017 for review. As discussed earlier with the Board, the simple routine of putting every refund back in the budget is extremely time consuming and leaves room for errors. To stay in balance with the Treasurer, we need to reappropriate refunds into the budget so the budget would increase with every expenditure refund. RECOMMENDATION: Staff recommends the reappropriation of $240,524.79 as follows: $8.53 to BOS-Travel (100-4-011010- 5500), $52.17 to Fleet -Travel (100-4-012520-6008), $19.62 to Electoral Bd-Office Supplies (100-4-013100- 6001), $100.00 to Clerk of Court -Copier Lease (100-4-021600-60051), $189.84 to Sheriff -Svc Contracts (100-4-031200-3320), $227.67 to Sheriff -Undercover Account (100-4-031200-6024), $1993.51 to VFD- Communication Equipment (100-4-032200-6004)), $51.51 to Jail -Food Supplies (100-4-033100-6002), $.32 to B&G-Bldg Maint Supplies (100-4-043100-6007), $896.00 to Recreation -Recreation Fees (100-4-071100- 5696), $150.00 to Library -Postage (1004-073100-5210), $1.12 to Library -Office Supplies (100-4-073100- 6001), $1.95 to Library -Furniture & Fixtures (100-4-073100-6003), $.49 to Library -Bldg Maint Supplies (100-4-073100-6007), $1.00 to Library -Books & Subscriptions (100-4-073100-6012), $8,231.06 to WIA- Rent (251-4-353853-6014), $228,600.00 to CIP-Compactor. REQUIRES A MOTION, SECOND AND A 10 -DAY LAYOVER. P224 Finance Department P.O. Boa 426 Chatham, Virginia 24531 PITTSYLVANIA COUNTY VIRGINIA MEMO TO: David M. Smitherman County Administrator FROM: Kim Van Der Hyde Finance Director SUBJECT: February Expenditure Refunds DATE: March 10, 2017 Phone (434( 432.7740 Fax (434)432-7746 Gretna/Hurt (4341656-6211 The list below shows all expenditure refunds that were sent to the Finance Department during the month of February. I am recommending that all of the following expenditure refunds be reappropriated by the Board of Supervisors: 100-4-011010-5500 BOS-Travel 8.53 Tax Reimbursement 100-4-012520-6008 Fleet -Travel 52.17 Out of State Gas Reimbursement 100-4-013100-6001 Electoral Bd-Office Supplies 19.62 Tax Reimbursement 100-4-021600-60051 Clerk of Court -Copier Lease 100.00 Reimbursement 100-4-031200-3320 Sheriff -Svc. Contracts 189.84 Service Cancelled 100-4-031200-6024 Sheriff -Undercover Account 227.67 Restitution 100-4-032200-6004 VFD-Communication Equip 1,993.51 Insurance Claim 100-4-033100-6002 Jail -Food 51.51 Tax Reimbursement/Food Reimbursement 100-4-043100-6007 B&G-Bldg Maint Supplies ,32 Tax Reimbursement P225 100-4-071100-5696 Recreation -Recreation Fees 896.00 Recreation Fees 100-4-073100-5210 Library -Postage 150.00 Donation 100-4-073100-6001 Library -Office Supplies 1.12 Tax Reimbursement 100-4-073100-6003 Library -Furniture & Fixtures 1.95 Tax Reimbursement 100-4-073100-6007 Library -Bldg Maint Supplies .49 Tax Reimbursement 100-4-073100-6012 Library -Books & Subscriptions 1.00 Tax Reimbursement 251-4-353853-6014 WIA-Other Operating 8,231.06 Rent Payments (251-3-000000-150201) 310-4-094110-8133 CIP-Compactor Site Imp 228,600.00 Insurance Claim TOTAL FEBRUARY EXPENDITURE REFUNDS $240,524.79 P226 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE• I AGENDA DATE: Change Orders 5 & 6: Courthouse Security Project 3/21/2017 SUBJECT/PROPOSAL/REOUEST•I ACTION: Amend Daniel Builders LLC contract in the amount of Yes $27,578 STAFF CONTACT(S): Mr. Otis Hawker Mr. David Smitherman BACKGROUND: CONSENT AGENDA: ACTION: ITEM NUMBER: 15 INFORMATION: INFORMATION: ATTACHMENTS: Yes, Change order 5 and 6 from Daniel Builders LLC DISCUSSION• Change order 5: Circuit Court has requested during renovations of the Courthouse Security for us to include an X -Ray machine for the actual Circuit Court entrance identical to the one at the main secure entrance of the Courthouse facility. Staff has requested under contract price for Daniel Builders LLC to price the new X -Ray machine and associated electrical work and installation. Daniel Builders LLC has submitted a price of $26,612 to perform the work. Change order 6: The County Treasurer's Office has requested a partial window be installed to allow some daylight into the Treasurer's Office as opposed to completely closing the window up. Daniel Builders LLC submitted change order 5 in the amount of $966 to perform the work. The Sheriff is aware and agrees with these changes and funds are already available in the Courthouse Security fund to perform the work. RECOMMENDATION: Staff recommends that the Pittsylvania County Board of Supervisors amend Daniel Builders LLC's contract in the total amount of $27,578 and authorize the County Administrator to execute the change order. P227 March 7, 2017 4) 685-7486 • fax (434) 685-7481 • cell (434) 334-6901 • john1rdanielbuildersllc.com 257 Saddle Road - Danville, VA 24541 • VA Cl ASS A 2705075131A Sam Franklin Dewberry 551 Piney Forest Road Danville, Virginia 24540 RE: PCO # 005 — X Ray machine Dear Mr. Franklin: We are pleased to offer options on a change order as listed below: Furnish materials and labor to supply/install (1) additional L-3 model PX5.3 checkpoint x ray machine matching the one being installed at the new entrance area. On site calibration and staff orientation is included. Install (1) electrical outlet to accommodate machine. A CO in the amount of26$ .612.00 is kindly requested. Contact me with any questions. Sincerely, inD Brian K. Shelton Daniel Builders, LLC "Together, we can build the future" P228 ti I U to U J N N m N c m Q M Z E 0 dE a au EEO c 2 Z c c O O t t » U U 0 O P229 phone (434) 685-7486 • fax (434) 665-7487 • cell (434) 334-6901 • johnodanielbuildemllc.com 257 Saddle Road • Danville, VA 24541 - VA Cl ASS A 2.705 075131A March 13, 2017 Sam Franklin Dewberry 551 Piney Forest Road Danville, Virginia 24540 RE: PCO At 006 — Treasurer's Office Window Dear Mr. Franklin: We are pleased to offer options on a change order as listed below: Furnish materials and labor to supply/install (1) 2' tall x 3' wide aluminum storefront window. Window framing shall match interior framing for the original contract work. Glass shall be Y<" clear. Window to be installed in the opening where the existing window is to filled in. This work has the possibility of not being installed before the substantial completion date of this project. A CO in the amount of $966.00 is kindly requested. Contact me with any questions. Sincerely, '/ w�v .UiLi2✓r /[ . �J�ce�on Brian K. Shelton Daniel Builders, LLC "Together, we can build the future" P230 a ti U U) N C m Q 0 Z L v 0 O U 0 m U c a U to U_ O d N � d W C N N ~ m m O C 0 > U 0 0 N m L O CL in V W C' O P231 m d r E � r h e m` o u ti d E z a Brian Shelton From: Eddie Cassada <ecassada@piedmontglass.com> Sent: Monday, March 13, 2017 3:51 PM To: 'Brian Shelton'; kwhitlock@piedmontglass.com Subject: RE: Pitts Co Courthouse PCO $853.00 Eddie Cassada Piedmont Glass 124 Mall Drive Danville, VA 24540 Ph: 434-792-7252 Fx: 434-792-4134 From: Brian Shelton[mailto:brian@danielbuildersllc.comj Sent: Monday, March 13, 2017 3:14 PM To: 'Eddie Cassada'; kwhitlock@piedmontglass.com Subject: PItts Co Courthouse PCO Please price a storefront window 2' tall and 3' wide with clear ''/<" glass to go on the interior of the building. Brian K. Shelton Cell: (434) 944 - 8244 Jill phone (434)685-7486•fax (434)685-7487 251 Saddle Road • Danville, VA 24541 P232 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM #: Request for Potential Abandonment of a Portion of 3/21/17 (T) 16 Shula Drive SUBJECT/PROPOSAL/REQUEST: Commence Legal Process for Potential Abandonment of a Portion of Shula Drive STAFF CONTACT: Mr. Hunt ACTION: Yes ATTACHMENT: (1) (1) Virginia Code § 33.2-909 REVIEWED BY: BACKGROUND: Recently, the Virginia Department of Transportation ("VDOT"), at the request of the Honorable Elton W. Blackstock, Staunton River Supervisor, held a public forum related to safety issues involving Shula Drive. At the conclusion of said forum, the recommendation, from an informal vote of citizens in attendance thereof, was to commence the legal road abandonment process for the following portion of Shula Drive: Rt. 642 (Shula Drive), from U.S. Highway 29, west to Rt. 988 (Highwayview Road), a total distance of 0.06 miles. Please also be advised that prior to the above -referenced informal vote at the public forum, VDOT conducted a formal Roadway Safety Assessment ("RSA"). The RSA's purpose was to gather input from key stakeholders and identify feasible solutions to address concerns with a goal to improve safety at this intersection. The RSA team, consisting of state and local officials/law enforcement, citizens and Fire/EMS personnel, have been working together since October 2016, to conduct said RSA, and to prepare the findings and recommendations. The group looked at current conditions, reviewed crash history, and identified possible crash patterns in developing possible alternatives. While nine (9) alternatives were initially considered, ultimately the following four (4) were considered most feasible: (1) Installing an Intersection Conflict Warning System — Dynamic Flashing Warning Beacons; (2) Closing the west leg of Route 642, Shula Drive (3) Constructing a Restricted Crossing U -Turn ("RCUT")/J-Turn Intersection; or (4) Constructing Off -set T -Intersections. These alternatives were further evaluated for their likelihood to either increase or decrease crashes, impacts, costs, and other factors. As a result, the final recommendation, which has the greatest benefit as compared to cost, is to close the West leg of Route 642 (Shula Drive). P233 DISCUSSION: Per Virginia Code § 33.2-909, attached, the legal procedure for the Pittsylvania County Board of Supervisors (the `BOS") to potentially abandon the aforementioned portion of Shula Drive is as follows: Road Abandonment Process: (1) Via an affirmative majority vote at a public meeting, the BOS must decide that no public necessity exists for the continuance of the public road proposed to be abandoned; (2) After said action, the BOS, via a second majority affirmative vote, must vote to send formal notice of its intent to abandon said road to the VDOT Commissioner; (3) Then, County Staff must post notice in at least three (3) places on and along the road sought to be abandoned for at least thirty (30) days; (4) At the same time, County Staff must publish notice of the BOS' intent to abandon said road in two (2) or more issues of a newspaper having general circulation in the County; (5) The BOS must then wait thirty (30) days for any interested party to request and/or petition for a public hearing of or related to the advertised and posted potential road abandonment; (6) If a petition/request for a public hearing occurs, the BOS must hold a public hearing related to the proposed road abandonment; (7) Following the Step 6 public hearing, the BOS must either determine (within four (4) months of the 30 -day road posting period ending) that: (1) no public necessity exists to abandon the road in question and dismiss its road abandonment application with VDOT; or (2) must pass an ordinance or resolution requesting VDOT to abandon said road, because the safety and welfare of the public would be best served by abandoning said road; and (8) Alternatively, if a request and/or petition for a public hearing does not occur within the time frame specified in Step 5 above, the BOS (within four (4) months of the thirty (30) day posting period ending) must pass an ordinance or resolution requesting VDOT to abandon said road, because the safety and welfare of the public would be best served by abandoning said road. If the BOS determines to potentially commence the legal process to abandon the aforementioned portion of Shula Drive, the following needs to occur: (1) Make a motion stating that the BOS has determined that no public necessity exists for the continuance of the aforementioned portion of Shula Drive; (2) Authorize County Staff to post and publish a Notice of Intent to Abandon the aforementioned portion of Shula Drive, including a willingness to hold a public hearing; and (3) Authorize County Staff to forward the required potential road abandonment documentation to VDOT. P234 Virginia Code 6 33.2-909 Abandonment of highway, landing, or railroad crossing procedure A. The governing body of any county on its own motion or upon petition of any interested landowner may cause any section of the secondary state highway system, or any crossing by the highway of the lines of a railroad company or crossing by the lines of a railroad company of the highway, deemed by it to be no longer necessary for the uses of the secondary state highway system to be abandoned altogether as a public highway, a public landing, or a public railroad crossing by complying substantially with the procedure provided in this section. B. The governing body of the county shall give notice of its intention to abandon any such highway, landing, or railroad crossing (i) by posting a notice of such intention at least three days before the first day of a regular term of the circuit court at the front door of the courthouse of the county in which the section of the highway, landing, or railroad crossing sought to be abandoned as a public highway, public landing, or public railroad crossing is located or (ii) by posting notice in at least three places on and along the highway, landing, or railroad crossing sought to be abandoned for at least 30 days and in either case by publishing notice of its intention in two or more issues of a newspaper having general circulation in the county. In addition, the governing body of the county shall give notice of its intention to abandon such highway, landing, or railroad crossing to the Board or the Commissioner of Highways. In any case in which the highway, landing, or railroad crossing proposed to be abandoned lies in two or more counties, the governing bodies of such counties shall not abandon such highway, landing, or railroad crossing unless and until all affected governing bodies agree. The procedure in such cases shall conform mutatis mutandis to the procedure prescribed for the abandonment of a highway, landing, or railroad crossing located entirely within a county. When the governing body of a county gives notice of intention to abandon a public landing, the governing body shall also give such notice to the Department of Game and Inland Fisheries. C. If one or more landowners in the county whose properly abuts the highway, landing, or railroad crossing proposed to be abandoned, or if only a section of a highway, landing, or railroad crossing is proposed to be abandoned, whose property abuts such section, or the Board or the Department of Game and Inland Fisheries, in the case of a public landing, files a petition with the governing body of the county within 30 days after notice is posted and published as provided in this section, the governing body of the county shall hold a public hearing on the proposed abandonment and shall give notice of the time and place of the hearing by publishing such information in at least two issues in a newspaper having general circulation in the county and shall also give notice to the Board or, if a public landing is sought to be abandoned, to the Department of Game and Inland Fisheries. D. If a petition for a public hearing is not filed as provided in this section, or if after a publichearing is held the governing body of the county is satisfied that no public necessity exists for the continuance of the section of the secondary highway as a public highway or the railroad crossing as a public railroad crossing or the landing as a public landing or that the safety and welfare of the public would be served best by abandoning the section of highway, the landing, or the railroad crossing as a public highway, public landing, or public railroad crossing, the P235 governing body of the county shall (i) within four months of the 30 -day period during which notice was posted where no petition for a public hearing was filed or (ii) within four months after the public hearing adopt an ordinance or resolution abandoning the section of highway as a public highway, or the landing as a public landing, or the railroad crossing as a public railroad crossing, and with that ordinance or resolution the section of highway shall cease to be a public highway, a public landing, or a public railroad crossing. If the governing body is not so satisfied, it shall dismiss the application within the applicable four months provided in this subsection. E. A finding by the governing body of a county that a section of the secondary state highway system is no longer necessary for the uses of the secondary state highway system may be made if the following conditions exist: 1. The highway is located within a residence district as defined in § 46.2-100; 2. The residence district is located within a county having a density of population exceeding 1,000 per square mile; 3. Continued operation of the section of highway in question constitutes a threat to the public safety and welfare; and 4. Alternate routes for use after abandonment of the highway are readily available. F. In considering the abandonment of any section of highway under the provisions of this section, due consideration shall be given to the historic value, if any, of such highway. G. Any ordinance or resolution of abandonment issued in compliance with this section shall give rise in subsequent. proceedings, if any, to a presumption of adequate justification for the abandonment. H. No public landing shall be abandoned unless the Board of Game and Inland Fisheries shall by resolution concur in such abandonment. Code 1950, § 33-76.8; 1950, p. 731; 1970, c. 322, § 33.1-151; 1975, c. 255; 1978, c. 187; 1980, c. 39; 1981, c. 323; 1990, c. 190; 2014, c. 805. P236 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Tobacco Commission Grant for Advanced Skills IT Academy SUBJECT/PROPOSAL/REOUEST• The Board is requested to consider if it would like to partner with DCC and Danville to support a Tobacco Commission grant that will begin to lay the foundation to create an IT focused workforce pipeline. The County is being requested to provide $35,280.66 as its portion of the grant's local match. STAFF CONTACT(S): Mr. Rowe AGENDA DATE: 3-21-2017 ACTION• Yes CONSENT AGENDA: ACTION: ITEM NUMBER: 17 INFORMATION: INFORMATION: ATTACHMENTS: DCC proposed grant submittal overview. A DDC representative will be present to answer additional questions. REVIEWED BY: BACKGROUND: Danville Community College (DCC) has been an integral workforce partner with the County and the City of Danville, and this partnership has resulted not only in the precision machining capstone program but also its associated recent and upcoming job announcements and significant private investment. The DCC precision machining program not only is at the college level, but also extends into the County's high school (as well as the City's high school now), and offers students the curriculum needed to obtain in -demand, and above average paying jobs. This now touted program took forward thinking from regional leaders, and a similar opportunity is being presented to the Board through the proposed Virginia Tobacco Commission grant to begin the creation of the DCC Advanced Skills IT Academy. DCC and the region have identified the information technology field as the next opportunity for our workforce, and this field integrates into the existing precision machining and advanced manufacturing workforce pipeline. The Virginia Tobacco Commission grant is the first concrete step to create the proposed Advanced Skills IT Academy. DISCUSSION: The proposed grant must have a 1 -to -I local match. The total budgeted program amount is $211,683.96. Of this amount, $105,841.98 is considered to be the local match. With the proposed partnership, Pittsylvania County, along with the City of Danville and DCC, would each pay one-third of the local match; being $35,280.66. This is an unbudgeted request and would have to come from the County's general fund (Economic Development Department budget funding is unable to meet this request without greatly impacting core functions). If funded, the grant would fund the development of the curriculum for the capstone experience and would purchase a new server that is required to meet the cloud -based curriculum needs. DCC and the City of Danville have already committed to meeting their portion of the proposed partnership, RECOMMENDATION: Staff recommends that the Board continue its forward-looking investment in the County's workforce, by being a funding partner in the Virginia Tobacco Commission grant with DCC and the City of Danville in the amount of $35,280.66, to take the first necessary steps to create the Advanced Skills IT Academy. P237 DCC Danville Community College Serving Danville Halifax County Pittsylvania County 1008 South Main Street Danville, Virginia 24541-4004 Advanced Skills IT Academy 434.797.2222 TTY: 434.797.8542 Fax: 434.797.8541 www.dcc.vccs.edu A Collaborative Partnership between DCC, Danville, Pittsylvania County Information Technology (IT) holds the potential for tremendous growth opportunity in this region if we provide an available labor pool of highly skilled employees. The Bureau of Labor statistics indicates this field will grow by 20% (Bureau of Labor Statistics, 2014) over the next ten years and given several strategic advantages of this area, this growth can become an ever greater driver of economic growth and development, providing high paying jobs to area constituents. As we did in Precision Machining, we can collaboratively build a pathway to provide a pipeline of highly skilled labor pool for the field of IT. Danville Community College (DCC) is requesting a collaborative partnership with the City of Danville and Pittsylvania County to make this a reality. We will pursue funding from the Tobacco Commission in order to build upon the existing programs at the high schools and DCC to create a training program that does not currently exist, addressing skills gaps identified by existing IT companies in this region. As evidenced by successes of the Precision Machining pipeline, the creation of a highly skilled labor pool we can and will attract IT companies to this region, and attract more advanced manufacturing opportunities as the industry becomes ever more automated with the inclusion of robotics. The future of manufacturing in the U.S. will be based on highly skilled technicians who program and monitor automated systems. The future of economic growth rests largely upon the skilled IT programmers, cyber security specialists, and data administrators and analysts. Danville Community College requests from Pittsylvania County, $35,280.66 in matching funds to support a grant application to the Tobacco Commission for the development of an Advanced Skills Information Technology Academy. DCC and the City of Danville have each committed a like amount. The Tobacco Commission award, if successful, is the first step toward the Academy and will fund development of the curriculum for the capstone experience and purchase a new server that meets the cloud -based curriculum needs. The Academy is designed to meet the growing regional needs for qualified individuals in: • Cyber security • Database and cloud management ® Software development Current IT graduates often lack the industry needed skills as they relate to the future of robotics, cloud database technology, and software development specifically in terms of the growing demands for information security. The Academy provides students with integrated, team -based cross learning about how the IT fields operates. The database students, cybersecurity students, and software developers will collaborate to develop products, solutions and work with stakeholders in product development. The goal will be to provide a realistic learning environment so graduates will enter the workforce with the skills that employers need and reduce need for additional training/mentors so new employees can hit the ground running. We have worked with Noblis and KSI to identify the skills gaps related to existing Associate's and Baccalaureate degrees and our next step is to develop the curriculum and applied training experience that will close those gaps. An Egual OpporturtRylAfrme6ve e0on Collage Member, V+rgOua CommunUy College System P238 Access/Pathway to Advanced ITSkills IT Academy will prepare students for the future of industry, regardless of sector. Increasingly, employers ranging from sales to manufacturing are becoming dependent on technology to function. This has led to the significant growth of Information Technology as field. The Bureau of Labor statistics indicates this field will grow by 20% (Bureau of Labor Statistics, 2014) over the next ten years. The number of students in the pipeline does not meet the industry demand. The Advanced IT Academy has three pathways for students to enter. For traditional pathway students, DCC will work with school partners to develop a targeted recruitment strategy in K-12 learning through three phases. In the first phase, interested 3`^ through 8th graders will be exposed to IT skills through curriculum integrating hand -on learning opportunities to building interest and skills in IT as a profession. In the second, phase, students will be mentored into a curriculum pathway in Information Technology where they will be able to complete one year of college study, earn a basic certificate(s), and earn an industry credential by the time of graduation. After high school, they will be able to complete an Associate's degree in either Programming or Networking in one additional year. After completion, students will attend a capstone experience through the Advanced IT Academy to earn a final Career Studies Certificate of Advanced study in one of the above mentioned targeted fields. Non-traditional students entering the Advanced IT Academy will enter based on a prior learning assessment. Any student who has attended credit or non-credit training and/or earned an industry credential will be granted credit for the equivalent courses at DCC. This will provide non-traditional students with the opportunity to reduce time to degree completion. DCC has been approved as one of the 40 colleges to delivery curriculum as a competency -based approach which provides additional opportunities to assess prior learning and also accelerate learning for students with higher levels of IT skills as they enter the program The final pathway targets students who currently hold a bachelor's or associate's degree and are interested in gaining additional relevant skills to help in their job search or career advancement. In this option, students will enter directly into the Advanced IT Academy through credit and non-credit training in order to improve their skills in hands-on, collaborative learning environment. P239 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Request from Town of Chatham SUBJECT/PROPOSAL/REQUEST: Prohibition of internal combustion engines on Cherrystone & Roaring Fork Lakes STAFF CONTACT(S): Mr. Smitherman AGENDA DATE: 03-21-2017 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: 18 INFORMATION: INFORMATION: At their March 13, 2017 meeting, the Town of Chatham Council passed Resolution 2017.03.01, which formally requests the Pittsylvania County Board of Supervisors to consider establishing a county ordinance stipulating that except in emergency situations or sponsor authorized maintenance, no vessel powered by or equipped with internal combustion engines be allowed on Cherrystone and Roaring Fork Lakes (see attached resolution). RECOMMENDATION: Staff recommends the Board of Supervisors refer this request to their Legislative Committee for further consideration. P240 Resolution 2017.03.01 TOWN OF CHATHAM RESOLUTION PROHIBITING INTERNAL COMBUSTION ENGINES ON CHERRYSTONE LAKE AND ROARING FORK LAKE Whereas, Cherrystone and Roaring Fork Lakes, providing for the health and wellness of Pittsylvania County residents, are the source for all of the public water supply produced by the Chatham Water plant; and Whereas, the private lakes, serving as drinking water reservoirs, must be kept free of contaminates or pollutants from internal combustion engines; and Whereas, no county ordinance or other prohibition currently exists preventing the use of internal combustion engines on these private lakes. Therefore, Be It Resolved That, the Council of the Town of Chatham, at a lawfully organized meeting held at Chatham, VA on March 13, 2017, formally requests that the Pittsylvania County Board of Supervisors establish a county ordinance stipulating that, except in emergency situations or sponsor authorized maintenance, no vessels powered by or equipped with internal combustion engines be allowed on Cherrystone or Roaring Fork Lakes. Be It Further Resolved That, the Council of the Town of Chatham formally requests that any violation of the aforementioned ordinance be enforced by the Pittsylvania County Sheriff's Office. Tim thyD. Hammel I — Clerk of Council P241 Roy P. B, d, Jr. —Mayor REPORTS FROM MEMBERS P242 REPORTS FROM COUNTY ADMINISTRATOR P243 ADJOURNMENT P244