Loading...
06-19-2018 Work Session PKT BOARD OF SUPERVISORS WORK SESSION Tuesday, June 19, 2018 – 4:30 PM Main Conference Room County Administration Building, 1 Center Street Chatham, Virginia 24531 AGENDA 1. CALL TO ORDER (4:30 PM) 2. ROLL CALL 3. AGENDA ITEMS TO BE ADDED 4. APPROVAL OF AGENDA For the citizens’ convenience, all Work Session and Committee Meetings are now being recorded and can be viewed on the same YouTube location as the Board of Supervisor’s Business Meetings. Please remember that the Board’s Work Session is designed for internal Board and County Staff communication, discussion, and work. It is not a question and answer session with the audience. Accordingly, during the Work Session, no questions or comments from the audience will be entertained. Respectfully, any outbursts or disorderly conduct from the audience will not be tolerated and may result in the offending person’s removal from the Work Session. As a reminder, all County citizens, and other appropriate parties as designated by the Board’s Bylaws, are permitted to make comments under the Hearing of the Citizens’ Section of tonight’s Business Meeting. 5. PRESENTATIONS 6. STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS a. CPMT Attendance Report (Staff Contact: Cheryl J. Boswell); (5 minutes) b. Wayside Park Improvements Update (Staff Contact: Mark W. Moore); (15 minutes) c. EMS Transport Update (Staff Contact: Chris C. Slemp); (10 minutes) d. Gretna Ballfield Lease/Public Hearing Authorization (Staff Contact: Richard N. Hicks); (5 minutes) e. Solid Waste Disposal Fee Implementation Update (Staff Contact: Gregory L. Sides); (20 minutes) Work Session - June 19, 2018 f. Information Sharing Agreement for Broadband Project Implementation (Staff Contact: Matthew D. Rowe); (5 minutes) g. Other Reports 7. BUSINESS MEETING DISCUSSION ITEMS 8. CLOSED SESSION a. Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. (Staff Contact: J. Vaden Hunt) (1) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matter: Opioid Litigation Purpose: Legal Consultation Regarding Potential Retention of Outside Legal Representation for Opioid Litigation (2) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matter: Pittsylvania Pet Center Purpose: Legal Consultation Regarding Potential Execution of Pet Center Lease Amendment 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. (Staff Contact: Matthew D. Rowe) (1) Legal Authority: Virginia Code § 2.2-3711(A)(5) Subject Matter: Project Med Purpose: Discussion of Potential Performance Agreement 9. RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION a. Closed Session Certification 10. ADJOURNMENT Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: CPMT Attendance Report (Staff Contact: Cheryl J. Boswell); (5 minutes) Staff Contact(s): Cheryl J. Boswell Agenda Date: June 19, 2018 Item Number: 6.a Attachment(s): CPMT Attendance Report Reviewed By: Ms. Cheryl Boswell, CSA Coordinator, will present the Community Policy and Management Team’s ("CPMT") quarterly attendance report. Currently, all CPMT members are in compliance with BOS Resolution 2014-10-02 for Calendar Year 2018. 6.a Packet Pg. 3 6.a.a Packet Pg. 4 Attachment: CPMT Attendance Report (1199 : CPMT Attendance Report) Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Wayside Park Improvements Update (Staff Contact: Mark W. Moore); (15 minutes) Staff Contact(s): Richard N. Hicks Agenda Date: June 19, 2018 Item Number: 6.b Attachment(s): Reviewed By: Mr. Mark Moore will provide an update on Wayside Park improvements. 6.b Packet Pg. 5 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: EMS Transport Update (Staff Contact: Chris C. Slemp); (10 minutes) Staff Contact(s): Chris C. Slemp Agenda Date: June 19, 2018 Item Number: 6.c Attachment(s): Reviewed By: Mr. Chris C. Slemp will provide an EMS Transport Update. 6.c Packet Pg. 6 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Gretna Ballfield Lease/Public Hearing Authorization (Staff Contact: Richard N. Hicks); (5 minutes) Staff Contact(s): Richard N. Hicks Agenda Date: June 19, 2018 Item Number: 6.d Attachment(s): Gretna Church Lease Reviewed By: Attached for your review and information is a copy of the proposed lease for the Gretna Ballfield between the County and the Gospel Tabernacle Outreach Center. Staff is proposing to advertise for a Public Hearing at the July 17, 2018 Board meeting to consider the approval of the lease. 6.d Packet Pg. 7 Page 1 of 6 LEASE AGREEMENT This LEASE AGREEMENT (the “Lease”), is made on July __, 2018 (“Date of Execution”), between the BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA (“Lessor”), and GOSPEL TABERNACLE OUTREACH CENTER (“Lessee”), a __________________ (singularly, “Party;” 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 that real property, with improvements thereon and appurtenances thereunto belonging, approximately 7.55 acres, located South of Northside/792, Gretna, Virginia 24457, identified as Parcel ID # 2530- 37-4789, as depicted on the map and information attached hereto as Exhibit “A” and made a part hereof (the “Premises”). The Premises is leased for the sole purpose of being a ____________________. Any other purpose must be approved by Lessor. Lessor covenants and agrees that it is the owner of the Premises demised, and that Lessee shall have quiet enjoyment thereof for the Lease’s duration. 2. TERM OF LEASE; RENEWAL; TERMINATION: The term of this Lease shall be for one (1) year from Date of Execution of the Lease, with eight (8) one (1) year renewals. To exercise any of the Lease extensions, Lessee must notify Lessor in writing at least sixty (60) days before any Lease termination date of its desire to do so. The Lease may be terminated by either Party, at any time, with ninety (90) days’ written notice. 3. RENT; LATE FEE: Lessee covenants and agrees to pay to Lessor, as rental for the Premises, the sum of one dollar and no cents ($1.00) per year. Payment of said rent shall be made within thirty (30) days of the Lease Date of Execution and paid to the Treasurer of Pittsylvania County, Virginia, and sent to the following address: 21 Main Street, P.O. Box 407, Chatham, Virginia 24531. There shall be no rent late fee in this Lease. 4. REAL ESTATE AND PERSONAL PROPERTY TAXES: Lessor shall pay all real estate taxes assesses against the Premises demised (if any) and shall also pay all personal property taxes assesses against any of the personal property and fixtures hereby demis ed (if any). 5. UTILITIES: Lessee shall pay for any and all utilities used at, on, or in the Premises. 6. INSURANCE; INDEMNIFICATION: 6.d.a Packet Pg. 8 Attachment: Gretna Church Lease (1237 : Gretna Ballfield Lease Public Hearing) Page 2 of 6 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. B. INCREASE IN FIRE INSURANCE PREMIUMS: Lessee shall not keep in or upon the Premises any property which is prohibited by the standard policy form of fire insurance and may increase the Lessor’s fire insurance premium. C. 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. D. NOTICE TO LESSOR REGARDING INSURANCE: Any form of insurance provided in Paragraph 6(C), 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. E. 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. B. REPAIRS TO PREMISES: Lessee shall be responsible for maintaining the Premises and any structures currently on the Premises or to be placed thereon in the future cutting the grass, landscaping the Premises, and keeping the Premises free from garbage and debris. 6.d.a Packet Pg. 9 Attachment: Gretna Church Lease (1237 : Gretna Ballfield Lease Public Hearing) Page 3 of 6 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 prior written consent of Lessor. Unless the Premises is purchased by the Lessee during the term of this Lease, a ny and all alterations or improvements made to the Premises shall be the property of Lessor at the termination of the Lease. If the Lessee purchases the Premises, all reasonable costs associated with improvements made to the demised Premises shall be deducted from the negotiated purchase price of the Premises. Lessee shall be solely responsible for maintaining a log of said improvements. 10. ASSIGNMENTS AND SUBLEASE: No assignment or sublease of the rights of the Lessee under this Lease shall be made without prior written consent of Lessor. 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. 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. 6.d.a Packet Pg. 10 Attachment: Gretna Church Lease (1237 : Gretna Ballfield Lease Public Hearing) Page 4 of 6 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: Gospel Tabernacle Outreach Center c/o Rev. Kell Stone P.O. Box 445 Gretna, Virginia 24457 Witness the following signatures and seals: [THE REMANIDER OF THIS PAGE LEFT INTENTIONALLY BLANK} 6.d.a Packet Pg. 11 Attachment: Gretna Church Lease (1237 : Gretna Ballfield Lease Public Hearing) Page 5 of 6 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 ______________, 2018, 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 6.d.a Packet Pg. 12 Attachment: Gretna Church Lease (1237 : Gretna Ballfield Lease Public Hearing) Page 6 of 6 LESSEE: GOSPEL TABERNACLE OUTREACH CENTER By:_____________________________________________________ Name (Printed):____________________________________________ Its:_______________________________________________________ COMMONWEALTH OF VIRGINIA COUNTY/CITY OF ______________: BE IT REMEMBERED, that before me on this ___ day of ______________, 2018, 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 6.d.a Packet Pg. 13 Attachment: Gretna Church Lease (1237 : Gretna Ballfield Lease Public Hearing) Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Solid Waste Disposal Fee Implementation Update (Staff Contact: Gregory L. Sides); (20 minutes) Staff Contact(s): Gregory L. Sides Agenda Date: June 19, 2018 Item Number: 6.e Attachment(s): Reviewed By: Mr. Gregory L. Sides, Assistant County Administrator, will provide an update on the implementation of the Solid Waste Disposal Fee as well as other Solid Waste updates. 6.e Packet Pg. 14 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Information Sharing Agreement for Broadband Project Implementation (Staff Contact: Matthew D. Rowe); (5 minutes) Staff Contact(s): Matthew D. Rowe Agenda Date: June 19, 2018 Item Number: 6.f Attachment(s): Fully Executed Information Sharing Agreement SCS Press Release Reviewed By: Mr. Matthew D. Rowe, Economic Development Director, will provide an update on the Information Sharing Agreement that allows and states that Pittsylvania County and Halifax County will share all information regarding their respective internet projects with each other. Said Counties worked together and applied jointly for a Tobacco Commission Last Mile Broadband Grant, which was fully awarded this spring. This grant will further efforts to expand broadband internet service to unserved and underserved areas. The County is currently in the process of reviewing possible grant agreements and determining degree of possible tax payer liability; SCS Broadband is providing the required dollar-for-dollar match. 6.f Packet Pg. 15 6.f.a Packet Pg. 16 Attachment: Fully Executed Information Sharing Agreement (1221 : Information Sharing Agreement and SCS Broadband Press Release) 6.f.a Packet Pg. 17 Attachment: Fully Executed Information Sharing Agreement (1221 : Information Sharing Agreement and SCS Broadband Press Release) 6.f.a Packet Pg. 18 Attachment: Fully Executed Information Sharing Agreement (1221 : Information Sharing Agreement and SCS Broadband Press Release) AcelaNet, LLC SCS Broadband 604 Thomas Nelson Hwy Arrington, Virginia 22922 434 263-6363 scsbroadband.com FOR IMMEDIATE RELEASE Progress on SCS Broadband Projects in Pittsylvania and Halifax Counties Chatham, VA (May 24th, 2018) – In 2017, Pittsylvania County and Halifax County entered into agreements with SCS Broadband Internet Services, a subsidiary of AcelaNet, LLC, to build networks in their respective communities for delivering affordable high - speed broadband. Both communities are part of the Central Broadband Project developed by SCS Broadband in 2015. As neighboring localities pursuing the same goals, Pittsylvania and Halifax County are working together to fully utilize assets in each county to better serve both communities. As wireless broadband knows no physical boundaries, vertical assets in each community can be located as needed to build a stronger network and serve a larger area of both communities. SCS Broadband has also invested in the region by hiring a Regional Operations Manager to provide focused management, along with resources in manpower and support, to get the job accomplished in accordance with the estimated project timeline. Jared Noel is the Operations Manager for the Southern Region, which includes Halifax and Pittsylvania Counties. Under his supervision, a 30-day status reporting system for Pittsylvania and Halifax County has been implemented, along with continuous updates on project status via the SCS website https://scsbroadband.com/county-status/. The winter weather of 2017 / 2018 and a severe flu season greatly reduced the number of tower climbing days available for SCS Broadband and other companies involved in such work. SCS Broadband remains not only fully compliant with all OSHA requirements for safety, but also recently won the “2017 Tower Climber Safety Award”, from Tower One Training. 6.f.b Packet Pg. 19 Attachment: SCS Press Release (1221 : Information Sharing Agreement and SCS Broadband Press Release) Pittsylvania County entered into a three-year tower lease agreement with SCS Broadband that allows the service provider to place equipment in the towers owned by the County. The goal is to provide wireless broadband service to up to 75% of the County. Work on the project launched in Spring of 2017 and the original project timeline was between six and nine months, with service being available for certain residents within three to four months. The timeline included a gradual activation of towers, with White Oak Mountain tower scheduled to go live first. However, immediately after the County entered into a tower lease agreement with SCS Broadband, new LTE equipment was released into the market that had higher strength than the previous generation. The County made the conscientious decision to sacrifice time for better equipment. While this decision greatly delayed the project’s implementation, it prevented the company from installing outdated equipment that would need to be replaced within 6 months. The White Oak Mountain Tower went live in October 2017 and SCS Broadband is now serving around 100 households from that tower with 10-50Mbps internet service. The second tower to go live is the Mt. Airy Tower, and that is expected to happen before the end of June 2018, depending upon the weather. SCS Broadband has created a Pittsylvania County project page that provides detailed project timelines and is updated every 15 days. It may be accessed here: https://scsbroadband.com/pittsylvania-details/. In 2017, Halifax County contracted with SCS Broadband to develop a plan for broadband implementation and subsequently contracted with SCS to begin building the proposed network. In the interim, SCS Broadband has been diligently working on leasing towers in the county for the project and identifying areas that will require additional vertical assets on which to hang the wireless equipment. Updates for the Halifax project may be accessed here: https://scsbroadband.com/halifax-details/. SCS Broadband has been an Internet Service Provider business for over 12 years, and the company’s goal is to help rural Virginia citizens to achieve the educational, business and social needs which the Internet provides. SCS Broadband is in the process of loading the most recent broadband LTE and other supporting equipment on multiple towers throughout the county. The Internet Services industry still presents many untapped opportunities for companies such as SCS Broadband. SCS Broadband is a nimble company, which allows them to enter our limited market. "We are ramping up our deployment activities to fulfill the growing needs of our customers, and the installation schedule will be expedited in Pittsylvania County," said Clay Stewart, Chief Operations Officer. About SCS Broadband 6.f.b Packet Pg. 20 Attachment: SCS Press Release (1221 : Information Sharing Agreement and SCS Broadband Press Release) Founded in 2005, SCS Broadband is the Wireless and Fiber Internet Service Provider for ten Central Virginia Counties. The company successfully deployed and manages low-cost, quality service in rural communities with limited broadband. The company’s mission is to continue to expand service and bridge the Digital Divide where technically possible in rural Virginia. The company currently serves from Surry County to Bedford County, and from Pittsylvania to Spotsylvania Counties. For more information about SCS Broadband, visit its website at scsbroadband.com. For more information please contact: SCS Broadband 604 Thomas Nelson Hwy Arrington, Virginia 22922 Phone: 434 263-6363 Fax: 434 263-6363 Email: sales@SCSBroadband.com 6.f.b Packet Pg. 21 Attachment: SCS Press Release (1221 : Information Sharing Agreement and SCS Broadband Press Release) Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Other Reports Staff Contact(s): Agenda Date: June 19, 2018 Item Number: 6.g Attachment(s): Reviewed By: 6.g Packet Pg. 22 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. (Staff Contact: J. Vaden Hunt) Staff Contact(s): J. Vaden Hunt Agenda Date: June 19, 2018 Item Number: 8.a Attachment(s): Reviewed By: (1) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matter: Opioid Litigation Purpose: Legal Consultation Regarding Potential Retention of Outside Legal Representation for Opioid Litigation (2) Legal Authority: Virginia Code § 2.2-3711(A)(8) Subject Matter: Pittsylvania Pet Center Purpose: Legal Consultation Regarding Potential Execution of Pet Center Lease Amendment 8.a Packet Pg. 23 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: 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. (Staff Contact: Matthew D. Rowe) Staff Contact(s): Matthew D. Rowe Agenda Date: June 19, 2018 Item Number: 8.b Attachment(s): Reviewed By: (1) Legal Authority: Virginia Code § 2.2-3711(A)(5) Subject Matter: Project Med Purpose: Discussion of Potential Performance Agreement 8.b Packet Pg. 24 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Closed Session Certification Staff Contact(s): Kaylyn M. McCluster Agenda Date: June 19, 2018 Item Number: 9.a Attachment(s): Reviewed By: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CERTIFY CLOSED MEETING BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors on June 19, 2018, 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 Elton W. Blackstock Yes/No Joe B. Davis Yes/No Ben L. Farmer Yes/No Charles H. Miller, Jr. Yes/No Ronald S. Scearce Yes/No Robert W. Warren Yes/No 9.a Packet Pg. 25