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11-20-2018 Business Meeting PKT BOARD OF SUPERVISORS BUSINESS MEETING Tuesday, November 20, 2018 – 7:00 PM Pittsylvania County General District Courtroom Edwin R. Shields Courthouse Addition, 11 Bank Street Chatham, Virginia 24531 AGENDA 1. CALL TO ORDER (7:00 PM) 2. ROLL CALL 3. MOMENT OF SILENCE 4. PLEDGE OF ALLEGIANCE 5. AGENDA ITEMS TO BE ADDED 6. APPROVAL OF AGENDA 7. CONSENT AGENDA a. Minutes: October 16, 2018, Work Session and Business Meeting; October 29, 2018, Solid Waste Committee Meeting; November 1, 2018, Strategic Plan Meeting (Staff Contact: Kaylyn M. McCluster) b. Resolution # 2018-11-01: Matthew Arnold, VHSL Group 2A State Golf Champion (Contact: Chairman Warren); (Matthew Arnold will be present to accept Resolution) c. Purchase of Service Weapon (Staff Contact: Sheriff Michael W. Taylor) d. Fire Prevention and Safety Grant (Staff Contact: Chris C. Slemp) e. Ratification of Engagement Agreement (Staff Contact: J. Vaden Hunt, Esq.) 8. PRESENTATIONS a. Annual Report; Danville Pittsylvania Community Services (Staff Contact: David M. Smitherman); (Presenter: Dr. Julie Brown, Danville-Pittsylvania Community Services Board Member) 9. HEARING OF THE CITIZENS Business Meeting - November 20, 2018 Each person addressing the Board under Hearing of the Citizens shall be a resident or land owner of the County, or the registered agent of such resident or land owner. Each person shall step up, give his/her name and district in an audible tone of voice for the record, and unless further time is granted by the Chairman, shall limit his/her address to three (3) minutes. No person shall be permitted to address the Board more than once during Hearing of the Citizens. All remarks shall be addressed to the Board as a body and not to any individual member thereof. Hearing of the Citizens shall last for a maximum of forty-five (45) minutes. Any individual that is signed up to speak during said section who does not get the opportunity to do so because of the aforementioned time limit, shall be given speaking priority at the next Board meeting. Absent Chairman’s approval, no person shall be able to speak who has not signed up. 10. PUBLIC HEARINGS A. Rezoning Public Hearings Pursuant to Article V, Division 6, of the Pittsylvania County Zoning Ordinance, the Board of Supervisors have been empowered to hear and decide specific zoning issues and zoning map changes in support of said Ordinance. In accomplishing this important task, the Board is responsible for promoting the health, safety, and general public welfare of the citizens of Pittsylvania County. The Board must ensure that all of its decisions and regulations be directed to these goals and that each be consistent with the environment, the comprehensive plan, and in the best interest of Pittsylvania County, its citizens, and its posterity. Case 1: Public Hearing: Rezoning Case R-18-024; Donald R. Mustain; R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Staff Contact: Gregory L. Sides) Case 2: Public Hearing: Rezoning Case R-18-025; Jesse M. Hancock; R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Staff Contact: Gregory L. Sides) Case 3: Public Hearing: Rezoning Case R-18-026; Larry Wayne Edwards & Tamara G. Edwards; R-1, Residential Suburban Subdivision District, to A- 1, Agricultural District (Staff Contact: Gregory L. Sides) B. Other Public Hearings Each person addressing the Board under a Public Hearing shall step up, give his/her name and district, and/or his/her place of residency for non-County citizens, in an audible tone of voice for the record, and unless further time is granted by the Chairman, shall limit his/her address to three (3) minutes; speakers for a group shall be limited to ten (10) minutes. Speakers shall conclude their remarks at that ti me, unless the consent of the Board is affirmatively given to extend the speakers allotted time. Absent Chairman’s approval, no person shall be able to speak who has not signed up. 1. Public Hearing: Solid Waste Ordinance Change (Staff Contact: Richard N. Hicks) Business Meeting - November 20, 2018 2. Public Hearing: Lease of Tower Space - Dan River Middle School Tower (Staff Contact: Richard N. Hicks) 3. Public Hearing: Procurement Policy Changes (Staff Contact: J. Vaden Hunt, Esq.) 11. UNFINISHED BUSINESS 12. NEW BUSINESS a. Approval of Federal Grant Administration Policy and Conflict of Interest Policy (Staff Contact: J. Vaden Hunt, Esq.) b. Appropriation of the Tobacco Grant - SVMP Feasibility Study (Staff Contact: Gregory L. Sides) c. Danville Regional Foundation Grant Appropriation; Sheriff's Salary Study and Library Study (Staff Contact: Gregory L. Sides) d. Health Department Carryover (Staff Contact: David M. Smitherman) e. New Open Space Land Use Agreement for 2019 (Staff Contact: J. Vaden Hunt, Esq.) f. Meals Tax Refund Request for Mountain Food Services, LLC (Staff Contact: J. Vaden Hunt, Esq.) g. Award of Pay and Classification Study for Sheriff's Department (Staff Contact: Holly E. Stanfield) 13. APPOINTMENTS a. Appointment: Pittsylvania County Service Authority; Coy Harville (Contact: Supervisor Scearce) b. Appointment: Pittsylvania Soil and Water Conservation District Board of Directors; Tom Keatts (Staff Contact: Kaylyn M. McCluster) c. Appointment: Ratification of TLAC's Election of its Leesville Lake Associate Representative; Dave Rives (Staff Contact: Kaylyn M. McCluster) d. Appointment: Library Study Advisory Committee (Staff Contact: Lisa W. Tuite) 14. MATTERS FROM WORK SESSION (IF ANY) 15. BOARD MEMBER REPORTS 16. COUNTY ADMINISTRATOR REPORTS 17. CLOSED SESSION a. Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any publ ic body. (Staff Contact: David M. Smitherman) (1) Legal Authority: Virginia Code § 2.2-3711(A)(1) Business Meeting - November 20, 2018 Subject Matter: County Administrator Purpose: Discussion of a Potential New Employment Agreement 18. RETURN TO OPEN SESSION AND CLOSED SESSION CERTIFICATION a. Closed Session Certification 19. MATTERS FROM CLOSED SESSION 20. ADJOURNMENT Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Minutes: October 16, 2018, Work Session and Business Meeting; October 29, 2018, Solid Waste Committee Meeting; November 1, 2018, Strategic Plan Meeting (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: November 20, 2018 Item Number: 7.a Attachment(s): 10-16-2018 Work Session Meeting Minutes - DRAFT 10-16-2018 Business Meeting Minutes - DRAFT 10-29-2018 Solid Waste Committee Meeting Minutes - DRAFT 11-01-2018 Strategic Plan Meeting Minutes - DRAFT Reviewed By: 7.a Packet Pg. 5 October 16, 2018 Work Session Pittsylvania County Board of Supervisors Work Session October 16, 2018 VIRGINIA: The Work Session of the Pittsylvania County Board of Supervisors was held on October 16, 2018 in the Main Conference Room, County Administrati on Building, Chatham, Virginia 24531. Chairman, Chatham-Blairs District, Robert W. "Bob" Warren, called the Meeting to Order at 4:30 PM. The following Members were present: CALL TO ORDER (4:30 PM) Attendee Name Title Status Arrived Robert W. "Bob" Warren Chairman - Chatham-Blairs District Present 4:25 PM Ronald S. Scearce Vice Chair - Westover District Present 4:26 PM Tim R. Barber Supervisor - Tunstall District Present 4:26 PM Elton W. Blackstock Supervisor - Staunton River District Present 4:27 PM Joe B. Davis Supervisor - Dan River District Present 4:25 PM Ben L. Farmer Supervisor - Callands-Gretna District Present 4:27 PM Charles H. Miller Supervisor - Banister District Late 4:37 PM Also in attendance were Mr. David M. Smitherman, County Administrator; Mr. J. Vaden Hunt Esq., County Attorney; Mr. Gregory L. Sides, Assistant County Administrator for Planning & Administration; Mr. Richard N. Hicks, Assistant County Administrator for Operations; Mrs. Kimberly G. Van Der Hyde, Director of Finance; Mrs. Cheryl J. Boswell, CSA Coordinator; Mrs. Lisa W. Tuite, Library Director; Mrs. Holly E. Stanfield, Human Resource Manager; Mr. Chris C. Slemp, Director of Public Safety; and Mrs. Kaylyn M. McCluster, Deputy Clerk. AGENDA ITEMS TO BE REMOVED a. Motion to remove Pet Center Update from Agenda RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, Vice Chair - Westover District SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer ABSENT: Miller APPROVAL OF AGENDA Motion to approve Agenda. 7.a.a Packet Pg. 6 Attachment: 10-16-2018 Work Session Meeting Minutes - DRAFT (1372 : Minutes) Board of Supervisors October 16, 2018 Work Session RESULT: ADOPTED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer ABSENT: Miller STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS a. CSA End of Year and Attendance Report (Staff Contact: Cheryl J. Boswell); (10 minutes) Mrs. Boswell presented to the Board her End-of-Year Report, which was included in the Work Session Packet. Mr. Smitherman asked if there was a significant change in number of children served. Mrs. Boswell stated the numbers have gone down slightly or stayed the same. Mr. Warren asked if current recipients are in the Ready for Success program at th e Victory Academy and Mrs. Boswell stated they do not have any there at the moment. b. Introduction of Human Resource Manager (Staff Contact: Gregory L. Sides); (5 minutes) Mr. Sides introduced the County’s new Human Resource Manager, Holly E. Stanfield. Mrs. Stanfield stated that some of the first items she plans to work on are filling some of the key vacancies, working to finalize the employee satisfaction survey, and working on developing an evaluation system for employees. Mrs. Stanfield has close to twenty-five (25) years of experience in Human Resources. c. Library Expansion Feasibility Study Update (Staff Contact: Lisa W. Tuite); (5 minutes) Mrs. Tuite presented an update to the Board regarding the Library Expansion Feasibility Study. She stated that the Danville Regional Foundation provided $15,000 of the $30,000 that was requested for the Study, and they do require a local government match. The recommendations for the Advisory Committee were included in her update and she wishes for the Board to approve those recommendations. Mrs. Tuite also provided a copy of the Pittsylvania County Schools Literacy Survey 2018 Findings (attached to these minutes). Mr. Davis asked what was so magical about Altavista and why people are going there, and Mrs. Tuite stated that Hurt Elementary is only two (2) miles away, instead of twelve (12) miles to Gretna. Mr. Smitherman stated that there is a local grants match line in contingencies in the FY19 Budget. Mr. Blackstock suggested that County Staff work with Mrs. Van Der Hyde with the funding and bring that and the Committee recommendations back to the Board at the November Meeting. Mr. Warren questioned the correlation between school scores and internet access in the areas. d. Regional Transit Update (Staff Contact: Gregory L. Sides); (10 minutes) Mr. Sides updated the Board on the Regional Transit Project. There has been a survey developed and can be taken online, although there will be paper copies available as well. This survey will help to determine what times are most beneficial and places citizens may want to go to and from. 7.a.a Packet Pg. 7 Attachment: 10-16-2018 Work Session Meeting Minutes - DRAFT (1372 : Minutes) Board of Supervisors October 16, 2018 Work Session e. Household Solid Waste Discussion (Staff Contact: Richard N. Hicks); (30 minutes) Mr. Hicks presented to the Board that one of the biggest issues being faced is the "this came from my house" response. Mr. Hicks has three (3) recommendations to consider when evaluating the definition of “Household Solid Waste” and they are as follows: • Recommendation # 1 - Define Residential Construction and/or Demolition Waste “Residential Construction and/or Demolition Waste” shall include items such as dimensional lumber, plywood, brick, block, carpet and padding, shingles, windows, doors, fiberglass bath fixtures, tile, ceramic, kitchen and bathroom cabinets, flooring, drywall, wire, plumbing materials, etc., that come from the construction, demolition or remodeling of a residential structure. • Recommendation # 2 - Define Bulky Waste “Bulky Waste” shall include items such as furniture, mattresses, box springs, appliances, lamps, large pieces of Styrofoam, cloth, etc., that may come from the inside of a residential structure. Disposal of these items shall be in accordance with Section 17.3 (N) of this ordinance. • Recommendation # 3 - Amend Section 17-2 Definitions (J) “Household Solid Waste” “Household Solid Waste” shall mean solid waste refuse resulting from the normal operation of a household and which is routinely placed in a bag, container or can for disposal, and shall not include any residential construction and/or demolition waste, industrial waste, agricultural waste, as defined in the Virginia Department of Environmental Quality, Solid Waste Management Regulations, as amended, or hazardous waste as defined herein. Mr. Hicks also recommended the consideration of accepting ti res at the Landfill for a $4 per tire charge and to charge a fee for out of County residents that have requested to use a County convenience site. Mr. Hicks stated there are sixteen (16) convenience centers where cardboard collection will be added and there are eight (8) proposed locations for plastic recycling. There was discussion between the Board as to what exactly is allowed in the dumpsters. Mr. Barber requested a Solid Waste Committee Meeting before the next Board Meeting. There was consensus of the Board to temporarily accept empty feed bags until the Solid Waste Committee can meet and set guidelines. Mr. Farmer asked when the recycling boxes would be installed and Mr. Hicks stated as soon as they can get them out there for cardboard, and the plastics within the next sixty (60) days. Mr. Farmer asked if the green boxes are still being picked up on the weekends and Mr. Hicks stated that someone is going by to pack them down on weekends if they are full. Mr. Barber suggested that it would be helpful to come up with sheet that lists what is allowed and not allowed and let the attendants give out at the sites. Mr. Hicks stated that there are green box signs to be installed at each green box site that lists what is and what is not allowed. f. Proposed Lease on Existing Cell Tower (Staff Contact: Richard N. Hicks); (10 minutes) 7.a.a Packet Pg. 8 Attachment: 10-16-2018 Work Session Meeting Minutes - DRAFT (1372 : Minutes) Board of Supervisors October 16, 2018 Work Session Mr. Hicks briefed the Board on a proposed lease of an existing cell tower. There has been a request from a cellular company to lease tower space at the Kentuck Middle Scho ol Tower. The proposed lease term is $1700 per month with a two percent (2%) annual escalator, with ongoing negotiations. The proposed lease falls within IRS regulations on Federal Tax Constraints on Private Activity and Government Obligations. The County is currently leasing space to AT&T for $1825 per month. The proposed lease will require a Public Hearing at the November Board Meeting. g. Hurricane Florence After Action Report (Staff Contact: Chris C. Slemp); (15 minutes) Mr. Slemp provided an After-Action Report for Hurricane Florence preparedness within the County. Mr. Slemp stated the efforts started on September 10, 2018 with conference calls with the National Weather Service that went through September 17, 2018. Dominion Power also participated in conference calls, and there was additional fuel secured as well as supplies for volunteers and EMS. All the apparatus and equipment was checked and meetings with volunteers occurred. FEMA also started bringing in resources to the area, which included swift water rescue teams. The 911 Center was upstaffed, and communication with the schools were steady. Preparation efforts for Hurricane Florence were very beneficial because Hurricane Michael turned out to be much more than anticipated. There were two (2) cars swept away, one (1) person in one (1) car was able to get out and self-rescue, but a life was lost in the other car. One (1) of the County’s swift water rescue teams that consisted of three (3) people was trying to get to citizens and they overturned. Two (2) were able to climb back into the boat, but the other was swept away and had to cling to a tree for over an hour before he could be rescued. The networks went down and at one point, Danville’s 911 calls rolled over into the County. There was significant damage to structures and roads. Mr. Slemp stated that damage assessments are still being done and they will go to FEMA for consideration. A local emergency has been declared and will be added to the Consent Agenda for the night’s Business Meeting. h. Required Policy Changes relating to Conflicts of Interest, Procurement, and other Internal Controls (Staff Contact: Kimberly G. Van Der Hyde); (15 minutes) Mrs. Van Der Hyde briefed the Board about required policy changes relating to conflicts of interest, procurement, and other internal controls. These changes are being requested by the County Auditors, and the Office of Management and Budget in Washington for the Federal Government Grant Awards that the County receives. There will be two (2) stand-alone policies, as well as a conflict of interest policy. A Public Hearing will be held at the November meeting for these items. i. Other Reports BUSINESS MEETING DISCUSSION ITEMS Mr. Smitherman stated the IT email server failed again this afternoon. It is very important to solve this problem now and this item will be brought before the Board at the Business Meeting. ADJOURNMENT 7.a.a Packet Pg. 9 Attachment: 10-16-2018 Work Session Meeting Minutes - DRAFT (1372 : Minutes) Board of Supervisors October 16, 2018 Work Session Mr. Warren adjourned the Meeting at 5:51 PM. 7.a.a Packet Pg. 10 Attachment: 10-16-2018 Work Session Meeting Minutes - DRAFT (1372 : Minutes) Board of Supervisors October 16, 2018 Work Session 7.a.a Packet Pg. 11 Attachment: 10-16-2018 Work Session Meeting Minutes - DRAFT (1372 : Minutes) Board of Supervisors October 16, 2018 Work Session 7.a.a Packet Pg. 12 Attachment: 10-16-2018 Work Session Meeting Minutes - DRAFT (1372 : Minutes) Board of Supervisors October 16, 2018 Work Session 7.a.a Packet Pg. 13 Attachment: 10-16-2018 Work Session Meeting Minutes - DRAFT (1372 : Minutes) Board of Supervisors October 16, 2018 Work Session 7.a.a Packet Pg. 14 Attachment: 10-16-2018 Work Session Meeting Minutes - DRAFT (1372 : Minutes) Board of Supervisors October 16, 2018 Work Session 7.a.a Packet Pg. 15 Attachment: 10-16-2018 Work Session Meeting Minutes - DRAFT (1372 : Minutes) Board of Supervisors October 16, 2018 Work Session 7.a.a Packet Pg. 16 Attachment: 10-16-2018 Work Session Meeting Minutes - DRAFT (1372 : Minutes) October 16, 2018 Business Meeting Pittsylvania County Board of Supervisors Business Meeting October 16, 2018 VIRGINIA: The Business Meeting of the Pittsylvania County Board of Supervisors was held on October 16, 2018 in the Pittsylvania County General District Courtroom, Edwin R. Shields Courthouse Addition, Chatham, Virginia 24531. Chairman, Chatham-Blairs District, Robert W. "Bob" Warren, called the Meeting to Order at 7:00 PM. The following Members were present: CALL TO ORDER (7:00 PM) Attendee Name Title Status Arrived Robert W. "Bob" Warren Chairman - Chatham-Blairs District Present 6:43 PM Ronald S. Scearce Vice Chair - Westover District Present 6:43 PM Tim R. Barber Supervisor - Tunstall District Present 6:47 PM Elton W. Blackstock Supervisor - Staunton River District Present 6:44 PM Joe B. Davis Supervisor - Dan River District Present 6:47 PM Ben L. Farmer Supervisor - Callands-Gretna District Present 6:40 PM Charles H. Miller Supervisor - Banister District Present 6:41 PM Also in attendance were Mr. David M. Smitherman, County Administrator; Mr. J. Vaden Hunt Esq., County Attorney; Mr. Gregory L. Sides, Assistant County Administrator for Planning & Administration; Mr. Richard N. Hicks, Assistant County Administrator for Operations; Mrs. Kimberly G. Van Der Hyde, Director of Finance; Mr. Matthew D. Rowe, Director of Economic Development; Mrs. Lisa W. Tuite, Library Director; and Mrs. Kaylyn M. McCluster, Deputy Clerk. AGENDA ITEMS TO BE ADDED Motion to add the following items to tonight’s Business Meeting Agenda: 1.) Consent Agenda: Declaration of Local Emergency (as item 7f); 2.) New Business: Dell Lease Purchase Agreement for Infrastructure (as item 12b); 3.) New Business: Project Homeland Performance Agreement (as item 12c); and 4.) New Business: Landfill - Hurricane Michael related Tipping Fee Waiver (as item 12d) Mr. Barber requested to add under Appointments, an appointment for the Danville Pittsylvania Community Services Board and an appointment for the Department of Social Services Board. Mr. Farmer amended his Motion to include Mr. Barbers request. 7.a.b Packet Pg. 17 Attachment: 10-16-2018 Business Meeting Minutes - DRAFT (1372 : Minutes) Board of Supervisors October 16, 2018 Business Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District SECONDER: Elton W. Blackstock, Supervisor - Staunton River District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Tim R. Barber, Supervisor - Tunstall District SECONDER: Elton W. Blackstock, Supervisor - Staunton River District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller CONSENT AGENDA Motion to approve the Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller a. Minutes: September 18, 2018, Work Session and Business Meeting (Staff Contact: Kaylyn M. McCluster) b. Proclamation: National Domestic Violence Awareness Month, October (Staff Contact: Kaylyn M. McCluster); (Lisa Caviness will be present to accept Proclamation) c. Resolution # 2018-10-01: Devin M. Taylor Task Force Officer of the Year (Staff Contact: Kaylyn M. McCluster) d. Award of RFQ to Byrnes Gould Law (Staff Contact: J. Vaden Hunt, Esq.) e. Updated Job Description: Deputy Director of Public Safety, Draft (Staff Contact: Chris C. Slemp) f. Declaration of Emergency PRESENTATIONS a. 2018 VACo Achievement Awards Presentation (Staff Contact: Mark W. Moore) Katie Boyle, VACo Director of Government Affairs, presented the Best Achievement Award for the Outstanding Parks Project to Mark W. Moore, Recreation Director, and spoke about their Achievement Awards Program. VACo received one hundred six (106) entries this year and only selected twenty-seven (27) winning projects from nineteen (19) counties. b. Youth Commission Introductions (Staff Contact: Justin G. Price) 7.a.b Packet Pg. 18 Attachment: 10-16-2018 Business Meeting Minutes - DRAFT (1372 : Minutes) Board of Supervisors October 16, 2018 Business Meeting Mr. Price introduced the Pittsylvania County Youth Commission for the 2018-2019 School Year. The 2018-2019 Youth Commission Members are as follows: Kendall Moore, Sophomore at Tunstall High School; Kennetria Torain, Junior at Chatham High School; Savanah Reed, Sophomore at Tunstall High School; Miranda Cochran, Sophomore at Tunstall High School; Blake Sanchez, Senior at Gretna High School; and Joshua Neal, Sophomore at Tunstall High School. HEARING OF THE CITIZENS Mr. Warren opened the Hearing of the Citizens at 7:24 PM. Phyllis Roach, Staunton River District, and Director of the Pittsylvania County Literacy Program, asked for help with space to work. She stated that the biggest challenge is finding a location to place the literacy program. The Program was offered a location at the old planetarium by the School Board, but there was mildew in the office and scheduling conflicts that would not allow them to use that space. Carol Cooper, Callands-Gretna District, voiced her concerns about her dogs. She stated that a family living near her with possible pit bulls running loose and this particular dog attacked another dog in the area. Animal Control has been four (4) times to speak to the dog owners. Ms. Cooper asked for some type of control and protection for those who do take care of their dogs and stated that she is fearful of the area dogs that run loose. Katie Whitehead, Chatham Blairs District, voiced her concerns about the pipeline and also provided a copy of her statements. Robert Pollok, Tunstall District, stated that he owns and operates Hillview Farms Inc., located near Tunstall High School, and voiced his concerns about the pipeline. No one else signed up to speak, and Mr. Warren closed the Hearing of the Citizens at 7:37 PM. PUBLIC HEARINGS Rezoning Public Hearings Case 1: Public Hearing: Rezoning Case R-18-020; Cheryl Y. Worthy-Green & Malcolm E. Green; Dan River Election District, R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Staff Contact: Gregory L. Sides) Mr. Warren opened the Public Hearing at 7:40 PM. Mr. Sides stated that there was a Proffer provided prior to opening the Public Hearing, which is provided below. Mr. and Mrs. Green were present to represent the Petition. No one signed up to speak. Mr. Warren closed the Public Hearing at 7:43 PM. 7.a.b Packet Pg. 19 Attachment: 10-16-2018 Business Meeting Minutes - DRAFT (1372 : Minutes) Board of Supervisors October 16, 2018 Business Meeting Motion to rezone Case R-18-020, 7.38 acres, two (2) parcels of land, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. 7.a.b Packet Pg. 20 Attachment: 10-16-2018 Business Meeting Minutes - DRAFT (1372 : Minutes) Board of Supervisors October 16, 2018 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Joe B. Davis, Supervisor - Dan River District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller Case 2: Public Hearing: Rezoning Case R-18-021; Ricky D. Carter & Debbie H. Carter; Banister Election District, R-1, Residential Suburban Subdivision District, to B-2, Business District, General (Staff Contact: Gregory L. Sides) Mr. Warren opened the Public Hearing at 7:44 PM. Ricky Carter and Roger Isom were present to represent the Petition. No one signed up to speak and Mr. Warren closed the Public Hearing at 7:45 PM. Motion to rezone 2.59 acres, three (3) parcels of land, from R-1, Residential Suburban Subdivision District, to B-2, Business District, General (for sales, service, and repair of vehicles - used car lot). RESULT: APPROVED [UNANIMOUS] MOVER: Charles H. Miller, Supervisor - Banister District SECONDER: Joe B. Davis, Supervisor - Dan River District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller Case 3: Public Hearing: Rezoniing Case R-18-022; Callands-Gretna Election District, A- 1, Agricultural District, to RPD, Residential Planned Unit Develop ment District (Staff Contact: Gregory L. Sides) Mr. Warren opened the Public Hearing at 7:46 PM. Mr. Thomas Brooks was present to represent the Petition. Harold Arthur signed up to speak for informational purposes and wanted to know what will be going on the land. Mr. Brooks answered that the plan is to take the property and build residential homes and the residential homes will be for sale. The properties will be single family type dwellings and only the homes would be for sale and not the property. The property will be included into a Home Owners Association. Mr. Warren closed the Public Hearing at 7:48 PM. Mr. Blackstock commented about this property being brought before the Board before and is now reverting back to the original zoning designation. Motion to rezone Case R-18-022, 8.82 acres, three (3) parcels of land, from A-1, Agricultural District, to RPD, Residential Planned Unit Development Unit. 7.a.b Packet Pg. 21 Attachment: 10-16-2018 Business Meeting Minutes - DRAFT (1372 : Minutes) Board of Supervisors October 16, 2018 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District SECONDER: Elton W. Blackstock, Supervisor - Staunton River District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller Case 4: Public Hearing: Rezoning Case R-18-023; Danville Farm, LLC, Dan River Election District, B-1, Business District, Limited and R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Staff Contact: Gregory L. Sides) Mr. Sides explained that there has been an amendment to the proffer (which is attached below), that includes 400-foot minimum buffer on the west side of the project. Mr. Warren opened the Public Hearing at 7:53 PM. Mr. Tom Terrell and Louis Iannone were present to represent the Petition. Tom Terrell stated that the minor change only reflects the written wording, and that the site plans are all still the same as what has been shown to the citizens. Louis Iannone with Stratus Solar and Developer of the Project were available for questions. Mr. Sides clarified that tonight’s meeting is only for rezoning the property. No one signed up to speak and Mr. Warren closed the Public Hearing at 7:57 PM. Mr. Warren stated he was comfortable with rezoning since the public information was correct. 7.a.b Packet Pg. 22 Attachment: 10-16-2018 Business Meeting Minutes - DRAFT (1372 : Minutes) Board of Supervisors October 16, 2018 Business Meeting Motion to rezone Case R-18-023, 185.35 acres, three (3) parcels of land, from B-1, Business District, Limited, and R-1, Residential Suburban Subdivision District, to A-1, Agricultural District. RESULT: APPROVED [UNANIMOUS] MOVER: Joe B. Davis, Supervisor - Dan River District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller Other Public Hearings 1. Public Hearing: Pittsylvania County Comprehensive Roadside Management Plan (Staff Contact: Richard N. Hicks) Mr. Warren opened the Public Hearing at 8:00 PM. Mr. Hicks stated that several lo cal businesses have expressed an interest in sponsoring the landscaping around the “Welcome to Pittsylvania County” signs. The County currently has twelve (12) of these signs dispersed throughout the County along Virginia Department of Transportation (“VDOT”) highways. The County has already received funds for the first three (3) locations, but in order to move forward the County must develop a Comprehensive Roadside Management Plan for the locations, hold a Public Hearing on the Plan, and submit a Land Use Permit Application to VDOT. The Board voted to hold a Public Hearing at the September 18, 2018, Meeting, and the Public Hearing has been duly advertised. Mr. Hicks presented site plans for several of the “Welcome to Pittsylvania County” sign sites. No one signed up to speak and Mr. Warren closed the Public Hearing at 8:03 PM. Mr. Barber asked about the sponsors and if they would have a sign, as well as who installs the landscaping. Mr. Hicks stated that they would have a sponsor sign, but VDOT determines the required size and colors. He also stated that the County took bids on landscaping and the same contractor who did the Pet Center landscaping was awarded this landscaping project as well as the site maintenance. Motion to approve the Pittsylvania County Comprehensive Roadside Management Plan as presented, and authorize County Staff to submit a Land Use Permit Application to VDOT for the twelve (12) “Welcome to Pittsylvania County” signs. RESULT: APPROVED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Ronald S. Scearce, Vice Chair - Westover District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller UNFINISHED BUSINESS NEW BUSINESS 7.a.b Packet Pg. 23 Attachment: 10-16-2018 Business Meeting Minutes - DRAFT (1372 : Minutes) Board of Supervisors October 16, 2018 Business Meeting a. Open Space Land Use Renewal Contract; Laurel, Inc. (Staff Contact: J. Vaden Hunt, Esq.) Mr. Hunt stated that Laurel, Inc. currently has an Open Space Use Agreement for a golf course that expires on December 31, 2018. The County’s Land Use Ordinance requires a renewal application be submitted to the Commissioner of the Revenue’s office every six (6) years, if the land owner wishes to remain in the Land Use Program. The Honorable Shirley Hammock has submitted the deferred tax revenue will be $3,231.44 annually, if the Agreement is granted. Mr. Blackstock asked which golf course it is and Mr. Warren stated that it is Tuscarora. Mr. Warren abstained from voting because he holds stock in Laurel, Inc. Motion to approve the Open Space Land Use Renewal Contract submitted by Laurel, Inc., and authorize the County Administrator to sign any necessary documentation. RESULT: APPROVED [6 TO 0] MOVER: Tim R. Barber, Supervisor - Tunstall District SECONDER: Joe B. Davis, Supervisor - Dan River District AYES: Scearce, Barber, Blackstock, Davis, Farmer, Miller ABSTAIN: Warren b. Dell Lease Purchase Agreement for Server Infrastructure Mr. Smitherman stated that this was discussed briefly in the Work Session earlier, and the age and life expectancy of the County’s IT servers have expired and is requesting approval to enter into the Dell Lease Purchase Agreement. Mr. Scearce stated that his IT background allowed him to go over the Agreement and he believes this is a good deal. Mr. Warren asked about the backup system and Mr. Budd stated that the backup system sends it to two (2) different data centers in the cloud. Motion to approve the Dell Lease Purchase for IT Server Infrastructure. RESULT: APPROVED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Ronald S. Scearce, Vice Chair - Westover District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller c. Project Homeland Performance Agreement Mr. Rowe explained that this Agreement shows the commitment and diligence that this body takes to ensure that this deal has the least amount of risk. Both the Local Performance Agreement and the Company Performance Agreement have already been signed by the Company. They have committed to maintain the facility at that location for at least ten (10) years, along with an irrevocable letter of credit which is very rare. The Company is being provided with twelve (12) acres of gifted land, $245,000 Industrial Enhancement Grant, and also since they are in an Enterprise Zone $113,750 is required to provide to them. Entire local 7.a.b Packet Pg. 24 Attachment: 10-16-2018 Business Meeting Minutes - DRAFT (1372 : Minutes) Board of Supervisors October 16, 2018 Business Meeting incentive fund for this project is $358,750, but with the RIFA partnership, the County’s contribution is half this amount and is only $179,375, which equates to roughly $2,759 per job. This is paying double what the County average is. The Company will be in the Institut e on November 1, 2018. Motion to approve the Local Performance Agreement and the Commonwealth Opportunity Fund Agreement. RESULT: APPROVED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Charles H. Miller, Supervisor - Banister District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller d. Landfill tipping fee Waiver related to Hurricane Michael Mr. Hicks stated that in the past, the Board has authorized the waiver of Landfill Tipping Fees for clean-up for significant weather events in the County. Traditionally, the Landfill captures said waiver information at the scales and keeps a separate record, in case the County qualifies for any Federal or State Emergency Assistance. Due to the significant damage throughout the County from recent Hurricane Michael on Thursday, October 11, 2018, it is anticipated that there will be a lot of clean-up taking place. Motion to approve the waiver of Landfill Tipping Fees for Hurricane Michael related clean -up items for a period of ninety (90) days from October 11, 2018. RESULT: APPROVED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller APPOINTMENTS a. Danville Pittsylvania Community Services Board of Directors Motion to appoint Emily Hill to the Danville Pittsylvania Community Services Board of Directors. RESULT: APPROVED [UNANIMOUS] MOVER: Tim R. Barber, Supervisor - Tunstall District SECONDER: Joe B. Davis, Supervisor - Dan River District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller b. Department of Social Services Board Motion to appoint Gracie Mays to the Department of Social Services Board to fulfill the remainder of her term. 7.a.b Packet Pg. 25 Attachment: 10-16-2018 Business Meeting Minutes - DRAFT (1372 : Minutes) Board of Supervisors October 16, 2018 Business Meeting RESULT: APPROVED [5 TO 1] MOVER: Tim R. Barber, Supervisor - Tunstall District SECONDER: Elton W. Blackstock, Supervisor - Staunton River District AYES: Barber, Blackstock, Davis, Farmer, Miller NAYS: Warren ABSTAIN: Scearce MATTERS FROM WORK SESSION (IF ANY) BOARD MEMBER REPORTS Dr. Miller stated that he was pleased with the announcements being made in our area and proud to be a part of Pittsylvania County. Mr. Blackstock also stated that he was very proud. BGF has been an anchor in his community and employ a lot of people. For them to locate their headquarters in Pittsylvania County is something to be proud of. He also stated that he is on the Service Authority and saw a lot of pictures of the opposite end of the County, and there was obvious devastation that has happened in the County due to the storm. He expressed that he is very proud of the volunteers, employees, VDOT workers, and is proud to be a part of Pittsylvania County. Mr. Farmer announced that the Town of Gretna will be hosting the Old Timers Jubilee on Saturday, October 20, 2018. He also stated that Chris Slemp thanked people in the Work Session, and echoed those sentiments and recognized all EMS workers, 911, Sheriff’s Department, and he is also proud to see the rallying of everyone. Mr. Barber echoed thanks to everyone during the storm and stated that the greatest strength of Pittsylvania County is the people. He thanked Mr. Smitherman for his efforts and help during the hurricane. Mr. Scearce echoed all sentiments regarding the Hurricane, and everyone working together to help each other out. Mr. Scearce recognized Chris Slemp for his efforts during this storm as well. Mr. Warren echoed same sentiments, and is very proud to be a citizen of Pittsylvania County. COUNTY ADMINISTRATOR REPORTS Mr. Smitherman stated that hard work goes unnoticed that prepares for other work, specifically speaking of the 911 dispatchers, Sheriff, volunteers, and the swift water rescue team. Hurricane Michael brought much more to our area than anyone expected and we were not ready, but everyone pulled together when it mattered most. He also stated that County Staff have been working hard to see payoff for Solid Waste. Two (2) sites are now on controlled hours. The sites are cleaner, attendants are happy, citizens are happy that people are there to help; but this is only two (2) sites out of thirty-three (33). Recycling efforts will be improved in the next thirty (30) days for cardboard, and sixty (60) days for plastic. CLOSED SESSION Motion to enter into Closed Session. The Board entered into Closed Session at 8:43 PM. 7.a.b Packet Pg. 26 Attachment: 10-16-2018 Business Meeting Minutes - DRAFT (1372 : Minutes) Board of Supervisors October 16, 2018 Business Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller a. 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 AP Purpose: Discussion of Unannounced Prospective Industry and Potential Incentives (2) Legal Authority: Virginia Code § 2.2-3711(A)(5) Subject Matter: Project Sensor Purpose: Discussion of Unannounced Prospective Industry b. Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body. (1) Legal Authority: Virginia Code § 2.2-3711(A)(1) Subject Matter: County Administrator Purpose: Performance Evaluation RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION The Board returned to Open Session and the following Certification was recorded: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors on October 16, 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 (the “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 Act, he shall so state prior to the vote indicating the substance of the departure. The Statement shall be recorded in the Board’s Minutes. Vote Tim R. Barber Yes 7.a.b Packet Pg. 27 Attachment: 10-16-2018 Business Meeting Minutes - DRAFT (1372 : Minutes) Board of Supervisors October 16, 2018 Business Meeting Elton W. Blackstock Yes Joe B. Davis Yes Ben L. Farmer Yes Charles H. Miller, Jr. Yes Ronald S. Scearce Yes Robert W. Warren Yes AMEND THE AGENDA AND RE-ENTER INTO CLOSED SESSION Motion to amend the Agenda to re-enter into Closed Session for Discussion of a Potential New Employment Agreement. RESULT: ADOPTED [UNANIMOUS] MOVER: Ronald S. Scearce, Vice Chair - Westover District SECONDER: Joe B. Davis, Supervisor - Dan River District AYES: Warren, Scearce, Barber, Blackstock, Davis, Farmer, Miller a. Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body. (1) Legal Authority: Virginia Code § 2.2-3711(A)(1) Subject Matter: County Administrator Purpose: Discussion of a Potential New Employment Agreement RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION The Board returned to Open Session and the following Certification was recorded: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors on October 16, 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 (the “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 Act, he shall so state prior to the vote indicating the substance of the departure. The Statement shall be recorded in the Board’s Minutes. Vote Tim R. Barber Yes Elton W. Blackstock Yes Joe B. Davis Yes 7.a.b Packet Pg. 28 Attachment: 10-16-2018 Business Meeting Minutes - DRAFT (1372 : Minutes) Board of Supervisors October 16, 2018 Business Meeting Ben L. Farmer Yes Charles H. Miller, Jr. Yes Ronald S. Scearce Yes Robert W. Warren Yes ADJOURNMENT Mr. Warren adjourned the Meeting at 11:19 PM. 7.a.b Packet Pg. 29 Attachment: 10-16-2018 Business Meeting Minutes - DRAFT (1372 : Minutes) Solid Waste Committee October 29, 2018 Solid Waste Committee Monday, October 29, 2018, Meeting VIRGINIA: The Solid Waste Committee of the Pittsylvania County Board of Supervisors was held on Monday, October 29, 2018, in the Main Conference Room of the County Administration Building in Chatham, Virginia 24531. Tim R. Barber, Chairman, called the Meeting to order at 5:01 p.m. The following Committee members were present: Tim R. Barber Elton W. Blackstock The following Board of Supervisors Members were also present: Ronald S. Scearce Ben L. Farmer Mr. David M. Smitherman, County Administrator/Clerk of the Board; Mr. J. Vaden Hunt Esq., County Attorney; Mr. Gregory L. Sides, Assistant County Administrator for Planning & Administration; Mr. Richard N. Hicks, Assistant County Administrator for Operations; the Honorable Vincent E. Shorter, Treasurer; the Honorable Shirley Y. Hammock, Commissioner of the Revenue; and Mrs. Kaylyn M. McCluster, Deputy Clerk, were also present. Approval of Agenda Motion was made by Mr. Blackstock, seconded by Mr. Barber, to approve the Agenda. Vote was unanimous by all Committee Members present. Mr. Warren joined the Meeting at 5:02 p.m. New Business A. Consideration of Pittsylvania County Code (“PCC”) Chapter 17 Ordinance Changes (i) Define Residential Construction and/or Demolition Waste (ii) Define Bulky Waste (iii) Amend PCC § 17-2 (J); Definitions; “Household Solid Waste” Mr. Hicks suggested a better definition for “household solid waste.” He offered recommendations that are attached at the end of these minutes. There was discussion of limiting the amount that can be taken to a site or size of trailer allowed, but then the question posed was if frequency would have to be limited. Mr. Warren stated that although there are site attendants, citizens could still take a trailer to one (1) site and then take another trailer to the next site; which does not solve the problem. Mr. Blackstock stated that the trash situation in our County is different than other Counties due to the size of the County. He stated that if the sites are too restrictive, more illegal dumping may occur. It would make it hard for citizens to have to travel the far distance to the Landfill. He suggested a site at the Northern and Southern ends of the County to accept these items that are not allowed at the convenience centers, and could even charge at those sites to accept the construction debris and such. Mr. Warren agreed that the definition of “household waste” needs to be 7.a.c Packet Pg. 30 Attachment: 10-29-2018 Solid Waste Committee Meeting Minutes - DRAFT (1372 : Minutes) Solid Waste Committee October 29, 2018 changed, but also supports adding sites to the Northern and Southern parts of the County to make the system user friendly for our citizens. Mr. Scearce stated the people in his District will not like restricting the sites and also thinks the Landfill pad needs to be completed as soon as possible to ensure easier access for contractors. He also suggested developing a method to make it easier for the attendants to identify County residents from non-County residents. Mr. Warren questioned if the County already has sites that can be expanded to accommodate accepting other materials, before creating Regional Sites and developing a policy around household waste. Mr. Barber questioned locations that could accept tires for a fee, and Mr. Smitherman stated that handling cash would be an issue. Mr. Warren suggested accepting only credit or debit cards for payment. He also suggested painting or marking areas off to be sure ideas, such as fencing, will work before starting construction. Mr. Blackstock suggested, if the Regional Sites were set up to accept tires and other construction debris, the sites do not have to be located on Highway 29 or high traffic areas. The sites just need to be on a level area where property would potentially be cheaper. Mr. Barber suggested to not address the definition right now, but to focus on making the citizens feel comfortable when dumping their trash and educate the citizens on what is allowed and what is not allowed. Mr. Warren suggested customer service training for the site attendants. Consensus of the Committee was to direct County Staff to develop a Training Plan and bring it back to the Board for review and input and then train attendants on customer service, as well as looking for places for Regional Sites. In the meantime, have a general conversation with the site attendants to ease up, be customer friendly, and help explain to the citizens the reasoning behind what is allowed in the containers. Mr. Farmer asked how many attendants are working at the sites now and Mr. Hicks stated that there are twelve (12). Four (4) people at three (3) sites. Mr. Farmer stated that he was concerned about adding more full-time County Staff. Mr. Warren stated that there should be the assets to do this. Ceillie Simkiss, Solid Waste Contract Public Information Officer, asked what they can do to help the citizens understand. Mr. Smitherman stated that they would. Motion by Mr. Blackstock, seconded by Mr. Warren, to direct County Staff to develop a draft Training Plan addressing the issues that have been discussed today along with any issues that are brought back from the attendants and County Staff, and bring that training plan back to the Solid Waste Committee for input. Vote was unanimous by the Committee Members. Mr. Farmer asked about the new “A” and B” signs, and asked if there should be a color coding system. Mr. Smitherman and Mr. Hicks stated that this is the goal of what is currently being done. Motion by Mr. Warren, seconded by Mr. Blackstock, to authorize and encourage County Staff to start working on designing Regional Sites and looking at possible land to be secured for those County sites, and a plan to build those sites containing some timelines in them. Vote was unanimous by the Committee Members. B. Discussion to Consider Accepting Tires at Landfill Mr. Hicks stated that there have been calls requesting tire disposal. Mr. Barber supports the idea of accepting tires at the Landfill for a fee. The tires would be accepted and then shipped off for disposal. 7.a.c Packet Pg. 31 Attachment: 10-29-2018 Solid Waste Committee Meeting Minutes - DRAFT (1372 : Minutes) Solid Waste Committee October 29, 2018 Motion by Mr. Warren, seconded by Mr. Blackstock, to institute a fee to accept tires at the Landfill for a fee of $3 per tire. Mr. Barber asked if this includes commercial, because he currently sends his for his business off. Motion amended by Mr. Warren to include that you must be a resident or business owner of Pittsylvania County to take tires to the Landfill for a fee. Seconded by Mr. Blackstock. Vote unanimous by the Committee Members. C. Discussion to Consider Requiring Dumpsters for Certain Residential Projects Mr. Barber suggested getting the Building Association involved with the decision, and ask them what is the fair amount for the threshold. Mr. Blackstock suggested that it may can be included into the permit also but not to do anything before meeting with the Building Association. Consensus of the Committee to set meeting with the Building Association. D. Discussion to Consider Allowance of Out-of-County Solid Waste Usage Fee Mr. Hicks stated that he has been contacted by residents of other counties that have stated they are willing to pay to use the County sites due to being closer to those sites than they are to a site in their County. Mr. Smitherman suggested a minimum of double the fee, which would be $240. Mr. Barber stated that there would need to be a certain color bag or some way to identify they are allowed to dump the trash. Mr. Smitherman stated this could go on the Consent Agenda at the next Meeting. Mr. Hunt stated that our current Ordinance states that the County doesn’t accept tires unless they are shredded or split. Mr. Barber suggested just amending that Section and doing the other Ordinance changes all at one time. Mr. Hunt stated the tire change, Ordinance change, and out-of-County trash could be revised and advertised for action at the November Meeting. Mr. Hunt will make the changes, send out to the Board to be sure it looks like they want it, and we can get it advertised. Mr. Scearce left the Meeting at 5:56 PM. E. Solid Waste Disposal Fee Billing Schedule Update There was discussion about the first Solid Waste Disposal Fee billing for the 2018 year not having a penalty. Board Members stated they did not understand it to be written that way and requested that be fixed at the November Meeting for the deadline to be June 2019 for the 2018 Solid Waste Disposal Fee with no interest. Mr. Shorter stated that he can add to the bill that interest will begin accruing on July 1, 2019. Adjournment Motion was made by Mr. Blackstock, seconded by Mr. Warren, to adjourn Meeting. Mr. Barber adjourned the Meeting at 6:07 PM. 7.a.c Packet Pg. 32 Attachment: 10-29-2018 Solid Waste Committee Meeting Minutes - DRAFT (1372 : Minutes) Solid Waste Committee October 29, 2018 7.a.c Packet Pg. 33 Attachment: 10-29-2018 Solid Waste Committee Meeting Minutes - DRAFT (1372 : Minutes) Solid Waste Committee October 29, 2018 7.a.c Packet Pg. 34 Attachment: 10-29-2018 Solid Waste Committee Meeting Minutes - DRAFT (1372 : Minutes) Solid Waste Committee October 29, 2018 7.a.c Packet Pg. 35 Attachment: 10-29-2018 Solid Waste Committee Meeting Minutes - DRAFT (1372 : Minutes) November 1, 2018 Thursday, November 1, 2018 Meeting VIRGINIA: The Pittsylvania County Board of Supervisors Strategic Plan Meeting was held on Thursday, November 1, 2018, in Room 206 of the Institute for Advanced Learning and Research located at 150 Slayton Avenue, Danville, Virginia 24540. Robert W. Warren, Chairman, called the Meeting to Order at 5:38 PM. The following Members were present: Elton W. Blackstock Staunton River District Joe B. Davis Dan River District Ben L. Farmer Callands-Gretna District Ronald S. Scearce Westover District Robert W. “Bob” Warren Chatham-Blairs District Charles H. Miller, Jr., was absent due to an eye appointment. Tim R. Barber was also absent. Mr. David M. Smitherman, County Administrator and Clerk of the Board; Mr. J. Vaden Hunt Esq., County Attorney; Mr. Greg L. Sides, Assistant County Administrator for Planning & Administration, Mr. Richard Hicks, Assistant County Administrator for Operations, and Mrs. Kim Van Der Hyde, Director of Finance were present. Dr. Joey Faucette facilitated the Strategic Plan discussion to develop the County’s Strategic Plan for FY2019 and beyond. Members of the Board and Members of the Executive Team were placed in teams of two (2); (one (1) Board Member and one (1) Executive Team Member) to rank the priority of the Strategic Items that were compiled in prior meetings with Dr. Faucette. The results of this discussion are attached at the end of these Minutes. A future Strategic Planning Session was discussed and is scheduled for Thursday, December 6, 2018, at 5:30 PM. Adjournment Mr. Warren adjourned the Meeting at 7:30 PM. __________________________________________ Robert W. “Bob” Warren, Chair Pittsylvania County Board of Supervisors __________________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors 7.a.d Packet Pg. 36 Attachment: 11-01-2018 Strategic Plan Meeting Minutes - DRAFT (1372 : Minutes) November 1, 2018 7.a.d Packet Pg. 37 Attachment: 11-01-2018 Strategic Plan Meeting Minutes - DRAFT (1372 : Minutes) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2018-11-01: Matthew Arnold, VHSL Group 2A State Golf Champion (Contact: Chairman Warren); (Matthew Arnold will be present to accept Resolution) Staff Contact(s): Kaylyn M. McCluster Agenda Date: November 20, 2018 Item Number: 7.b Attachment(s): Reviewed By: SUMMARY: Matthew Arnold, a sophomore at Chatham High School, won the 2018 Virginia High School League Group 2A State Golf Championship. Matthew Arnold will be present to accept the Resolution. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends approving Resolution #2018-11-01 recognizing Matthew Arnold for winning the 2018 Virginia High School League Group 2A State Golf Championship. MOTION: “I make a Motion to approve Resolution #2018-11-01 recognizing Matthew Arnold for winning the 2018 Virginia High School League Group 2A State Golf Championship.” 7.b Packet Pg. 38 Pittsylvania County Board of Supervisors RESOLUTION 2018-11-01 VIRGINIA: At the regularly scheduled meeting of the Pittsylvania County Board of Supervisors held on November 20, 2018, in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following Resolution was presented and adopted: WHEREAS, Matthew Arnold is a Sophomore at Chatham High School, where he currently has a 4.3 Grade Point Average and is ranked 5th in his class; and WHEREAS, Matthew is the current 2018 Virginia High School League Group 2A State Golf Champion; and WHEREAS, Matthew had a 78.6 scoring average throughout the regular season; and WHEREAS, he shot an 80 in the district tournament under tough, rainy conditions to win the tournament and earn Dogwood District Golfer of the Year honors; and WHEREAS, he finished 5th overall in Region 2C with a 77 and 73 to win the State Tournament; and WHEREAS, Matthew Arnold has performed admirably throughout his winning season of 2018, bringing recognition not only to himself, but to his school, his County, and its citizens. NOW THEREFORE, BE IT RESOLVED, that the Pittsylvania County Board of Supervisors, on the behalf of all County citizens, express their sincere appreciation, admiration, and congratulations to Matthew Arnold for his winning season and his 2018 Virginia High School League Group 2A State Golf Championship title. Given under my hand this 20th day of November, 2018. 7.b Packet Pg. 39 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Purchase of Service Weapon (Staff Contact: Sheriff Michael W. Taylor) Staff Contact(s): Sheriff Michael W. Taylor Agenda Date: November 20, 2018 Item Number: 7.c Attachment(s): Reviewed By: SUMMARY: Captain J. Todd Barrett will be retiring, in good standing, after thirty-two (32) years of service with the Pittsylvania County Sheriff’s Office. Captain Barrett’s retirement date is December 1, 2018. On January 1, 2019, Deputies Mary Alice Hardy and Robert Jennings will also be retiring from the Pittsylvania County Sheriff’s Office. Deputy Hardy has twenty (20) years of service, and Deputy Jennings has thirty-eight (38) years of service. These fine officers have requested to purchase their issued duty weapons. FINANCIAL IMPACT AND FUNDING SOURCE: These employees will purchase their service weapons for $1.00 each, as authorized by § 59.1- 148.3, Code of Virginia, 1950, as amended. RECOMMENDATION: County Staff recommends the Board of Supervisors approve Sheriff Taylor’s request that Captain Barrett, Deputy Hardy, and Deputy Jennings be allowed to purchase their duty weapons for $1.00 each, as authorized by § 59.1-148.3, Code of Virginia, 1950, as amended. MOTION: “I make a Motion to approve Sheriff Taylor’s request that Captain Barrett, Deputy Hardy, and Deputy Jennings be allowed to purchase their duty weapons for $1.00 each, as authorized by § 59.1-148.3, Code of Virginia, 1950, as amended.” 7.c Packet Pg. 40 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Fire Prevention and Safety Grant (Staff Contact: Chris C. Slemp) Staff Contact(s): Chris C. Slemp Agenda Date: November 20, 2018 Item Number: 7.d Attachment(s): Reviewed By: SUMMARY: Fire Prevention and Safety (“FP&S”) Grants are part of the Assistance to Firefighters Grants and support projects that enhance the safety of the public and firefighters from fire and related hazards. The primary goal is to reduce injury and prevent death among high-risk populations. In 2005, Congress reauthorized funding for FP&S and expanded the eligible uses of funds to include Firefighter Safety Research and Development. The County’s Fire Marshal’s Office is requesting to apply for a FP&S Grant to hire one (1) additional Assistant Fire Marshal. Funding is being requested for two (2) years, covering 95% of the cost for an Assistant Fire Marshal to include salary, benefits, and training. The FP&S Grant Application Period closes on December 6, 2018. If awarded the FP&S Grant, this position will concentrate on community risk activities geared toward reducing injury and death due to fires and other home accidents. FINANCIAL IMPACT AND FUNDING SOURCE: The FP&S Grant Request is for a $75,000 Grant to assist with salary, benefits, equipment, and training for an Assistant Fire Marshal position. The County’s cost share will be 5% of this amount ($3,750), to be incurred in the County’s FY 20 Budget. RECOMMENDATION: County Staff recommends that the FP&S Grant Application be approved as presented. MOTION: “I make a Motion to authorize the Fire Marshal’s Office to apply for the FP&S Grant as presented.” 7.d Packet Pg. 41 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Ratification of Engagement Agreement (Staff Contact: J. Vaden Hunt, Esq.) Staff Contact(s): J. Vaden Hunt, Esq. Agenda Date: November 20, 2018 Item Number: 7.e Attachment(s): Pittsylvania Co. Engagement Agreement Reviewed By: SUMMARY: Attached please find a Legal Engagement Agreement from Guynn, Waddell, Carroll & Lockaby previously executed by County Staff due to legal responsive pleadings timing issues. FINANCIAL IMPACT AND FUNDING SOURCE: To be determined. RECOMMENDATION: County Staff recommends ratifying the previous execution of the attached Legal Engagement Agreement. MOTION: “I make a Motion to ratify the previous execution of the attached Legal Engagement Agreement.” 7.e Packet Pg. 42 7.e.a Packet Pg. 43 Attachment: Pittsylvania Co. Engagement Agreement (1395 : Ratification of Engagement Agreement) 7.e.a Packet Pg. 44 Attachment: Pittsylvania Co. Engagement Agreement (1395 : Ratification of Engagement Agreement) 7.e.a Packet Pg. 45 Attachment: Pittsylvania Co. Engagement Agreement (1395 : Ratification of Engagement Agreement) 7.e.a Packet Pg. 46 Attachment: Pittsylvania Co. Engagement Agreement (1395 : Ratification of Engagement Agreement) Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Annual Report; Danville Pittsylvania Community Services (Staff Contact: David M. Smitherman); (Presenter: Dr. Julie Brown, Danville- Pittsylvania Community Services Board Member) Staff Contact(s): David M. Smitherman Agenda Date: November 20, 2018 Item Number: 8.a Attachment(s): Reviewed By: Dr. Julie Brown, Danville-Pittsylvania Community Services Board Member, will be in attendance to present their Annual Report. Jim Bebeau, Executive Director of Danville- Pittsylvania Community Services, will also be in attendance and available to answer questions. 8.a Packet Pg. 47 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Rezoning Case R-18-024; Donald R. Mustain; R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Staff Contact: Gregory L. Sides) Staff Contact(s): Gregory L. Sides Agenda Date: November 20, 2018 Item Number: 10.A.1 Attachment(s): MUSTAIN - CASE R-18-024 MUSTAIN - CASE R-18-024 MAP Reviewed By: SUMMARY: Case R-18-024, Petitioner, Donald R. Mustain, has petitioned to rezone a total of 9.33 acres, two (2) parcels of land, from R-1, Residential Suburban Subdivision District to A-1, Agricultural District, to make the zoning consistent with the adjacent land he owns. The parcels are located off State Road 714/Richardson Lane in the Dan River Election District. Once the properties are rezoned, all used listed under Pittsylvania County Code § 35-178 are permitted. The Planning Commission, with no opposition, recommended granting the Petitioner’s request. The County Staff summary has been submitted in the Board Packet. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff submits this item to the Board for its review and consideration. 10.A.1 Packet Pg. 48 10.A.1.a Packet Pg. 49 Attachment: MUSTAIN - CASE R-18-024 (1402 : Rezoning Case R-18-024 Donald R. Mustain) 10.A.1.a Packet Pg. 50 Attachment: MUSTAIN - CASE R-18-024 (1402 : Rezoning Case R-18-024 Donald R. Mustain) 10.A.1.a Packet Pg. 51 Attachment: MUSTAIN - CASE R-18-024 (1402 : Rezoning Case R-18-024 Donald R. Mustain) 10.A.1.a Packet Pg. 52 Attachment: MUSTAIN - CASE R-18-024 (1402 : Rezoning Case R-18-024 Donald R. Mustain) 10.A.1.a Packet Pg. 53 Attachment: MUSTAIN - CASE R-18-024 (1402 : Rezoning Case R-18-024 Donald R. Mustain) 10.A.1.a Packet Pg. 54 Attachment: MUSTAIN - CASE R-18-024 (1402 : Rezoning Case R-18-024 Donald R. Mustain) 10.A.1.a Packet Pg. 55 Attachment: MUSTAIN - CASE R-18-024 (1402 : Rezoning Case R-18-024 Donald R. Mustain) 10.A.1.a Packet Pg. 56 Attachment: MUSTAIN - CASE R-18-024 (1402 : Rezoning Case R-18-024 Donald R. Mustain) 10.A.1.a Packet Pg. 57 Attachment: MUSTAIN - CASE R-18-024 (1402 : Rezoning Case R-18-024 Donald R. Mustain) 10.A.1.a Packet Pg. 58 Attachment: MUSTAIN - CASE R-18-024 (1402 : Rezoning Case R-18-024 Donald R. Mustain) 10.A.1.a Packet Pg. 59 Attachment: MUSTAIN - CASE R-18-024 (1402 : Rezoning Case R-18-024 Donald R. Mustain) 10.A.1.a Packet Pg. 60 Attachment: MUSTAIN - CASE R-18-024 (1402 : Rezoning Case R-18-024 Donald R. Mustain) 10.A.1.a Packet Pg. 61 Attachment: MUSTAIN - CASE R-18-024 (1402 : Rezoning Case R-18-024 Donald R. Mustain) Legend Parcels Parcel ID Number Route Numbers Appeals Rezoning Signs Special Uses Variances Zoning Unknown A-1 = Agricultural District B-1 = Business District, Limited B-2 = Business District, General C-1 = Conservation District DZ = Double Zoned Parcels M-1 = Industrial District, Light Industry M-2 = Industrial District, Heavy Industry MHP = Residential Manuf. Housing Park District R-1 = Residential Suburban Subdivision District RC-1 = Residential Combined Subdivision Distric RE = Residential Estates District RMF = Residential Multi-Family Subdivision Distric RPD = Residential Planned Development District TZ = Town Zoning UK = Unknown County Boundary Title: MUSTAIN - CASE R-18-024 Date: 10/1/2018 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how current it may be. 10.A.1.b Packet Pg. 62 Attachment: MUSTAIN - CASE R-18-024 MAP (1402 : Rezoning Case R-18-024 Donald R. Mustain) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Rezoning Case R-18-025; Jesse M. Hancock; R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Staff Contact: Gregory L. Sides) Staff Contact(s): Gregory L. Sides Agenda Date: November 20, 2018 Item Number: 10.A.2 Attachment(s): HANCOCK - CASE R-18-025 HANCOCK - CASE R-18-025 MAP Reviewed By: SUMMARY: Case R-18-025, Petitioner, Jesse M. Hancock, has petitioned to rezone 33.28 acres, four (4) parcels of land, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, for agricultural purposes. The parcels are located on State Road 694/David Giles Lane and on State Road 718/Snakepath Road in the Chatham-Blairs Election District. Once the properties are rezoned to A-1, all uses listed under Pittsylvania County § 35-178 are permitted. The Planning Commission, with opposition, recommended granting the Petitioner’s request with the following proffers: (1) Mobile Home Parks shall be prohibited; (2) No swine shall be allowed on the premises; (3) Commercial agricultural including the use of industrial manure spreading shall be prohibited; (4) No single-wide mobile homes other than the existing one; (5) A buffer of trees shall be kept between adjoining landowners; and (6) These proffers will run in perpetuity. The County Staff summary has been submitted in the Board Packet. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff submits this item to the Board for its review and consideration. 10.A.2 Packet Pg. 63 10.A.2.a Packet Pg. 64 Attachment: HANCOCK - CASE R-18-025 (1403 : Rezoning Case R-18-025 Jesse M. Hancock) 10.A.2.a Packet Pg. 65 Attachment: HANCOCK - CASE R-18-025 (1403 : Rezoning Case R-18-025 Jesse M. Hancock) 10.A.2.a Packet Pg. 66 Attachment: HANCOCK - CASE R-18-025 (1403 : Rezoning Case R-18-025 Jesse M. Hancock) 10.A.2.a Packet Pg. 67 Attachment: HANCOCK - CASE R-18-025 (1403 : Rezoning Case R-18-025 Jesse M. Hancock) 10.A.2.a Packet Pg. 68 Attachment: HANCOCK - CASE R-18-025 (1403 : Rezoning Case R-18-025 Jesse M. Hancock) 10.A.2.a Packet Pg. 69 Attachment: HANCOCK - CASE R-18-025 (1403 : Rezoning Case R-18-025 Jesse M. Hancock) 10.A.2.a Packet Pg. 70 Attachment: HANCOCK - CASE R-18-025 (1403 : Rezoning Case R-18-025 Jesse M. Hancock) 10.A.2.a Packet Pg. 71 Attachment: HANCOCK - CASE R-18-025 (1403 : Rezoning Case R-18-025 Jesse M. Hancock) 10.A.2.a Packet Pg. 72 Attachment: HANCOCK - CASE R-18-025 (1403 : Rezoning Case R-18-025 Jesse M. Hancock) 10.A.2.a Packet Pg. 73 Attachment: HANCOCK - CASE R-18-025 (1403 : Rezoning Case R-18-025 Jesse M. Hancock) 10.A.2.a Packet Pg. 74 Attachment: HANCOCK - CASE R-18-025 (1403 : Rezoning Case R-18-025 Jesse M. Hancock) 10.A.2.a Packet Pg. 75 Attachment: HANCOCK - CASE R-18-025 (1403 : Rezoning Case R-18-025 Jesse M. Hancock) 10.A.2.a Packet Pg. 76 Attachment: HANCOCK - CASE R-18-025 (1403 : Rezoning Case R-18-025 Jesse M. Hancock) 10.A.2.a Packet Pg. 77 Attachment: HANCOCK - CASE R-18-025 (1403 : Rezoning Case R-18-025 Jesse M. Hancock) 10.A.2.a Packet Pg. 78 Attachment: HANCOCK - CASE R-18-025 (1403 : Rezoning Case R-18-025 Jesse M. Hancock) 10.A.2.a Packet Pg. 79 Attachment: HANCOCK - CASE R-18-025 (1403 : Rezoning Case R-18-025 Jesse M. Hancock) 10.A.2.a Packet Pg. 80 Attachment: HANCOCK - CASE R-18-025 (1403 : Rezoning Case R-18-025 Jesse M. Hancock) 10.A.2.a Packet Pg. 81 Attachment: HANCOCK - CASE R-18-025 (1403 : Rezoning Case R-18-025 Jesse M. Hancock) 10.A.2.a Packet Pg. 82 Attachment: HANCOCK - CASE R-18-025 (1403 : Rezoning Case R-18-025 Jesse M. Hancock) 10.A.2.a Packet Pg. 83 Attachment: HANCOCK - CASE R-18-025 (1403 : Rezoning Case R-18-025 Jesse M. Hancock) Legend Parcels Parcel ID Number Route Numbers Appeals Rezoning Signs Special Uses Variances Zoning Unknown A-1 = Agricultural District B-1 = Business District, Limited B-2 = Business District, General C-1 = Conservation District DZ = Double Zoned Parcels M-1 = Industrial District, Light Industry M-2 = Industrial District, Heavy Industry MHP = Residential Manuf. Housing Park District R-1 = Residential Suburban Subdivision District RC-1 = Residential Combined Subdivision Distric RE = Residential Estates District RMF = Residential Multi-Family Subdivision Distric RPD = Residential Planned Development District TZ = Town Zoning UK = Unknown County Boundary Title: HANCOCK - CASE R-18-025 Date: 9/7/2018 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how current it may be. 10.A.2.b Packet Pg. 84 Attachment: HANCOCK - CASE R-18-025 MAP (1403 : Rezoning Case R-18-025 Jesse M. Hancock) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Rezoning Case R-18-026; Larry Wayne Edwards & Tamara G. Edwards; R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Staff Contact: Gregory L. Sides) Staff Contact(s): Gregory L. Sides Agenda Date: November 20, 2018 Item Number: 10.A.3 Attachment(s): EDWARDS - CASE R-18-026 EDWARDS - CASE R-18-026 MAP Reviewed By: SUMMARY: Case R-18-026, Petitioners, Larry Wayne Edwards and Tamara G. Edwards, have petitioned to rezone 2.84 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District to allow for placement of a second dwelling, a single-wide mobile home, on the property for a family member. The parcel is located on State Road 672/Pittsville Road in the Staunton River Election District. Once the property is rezoned, all uses listed under Pittsylvania County Code § 35-178 are permitted. The Planning Commission, with no opposition, recommended granting the Petitioners’ request. The County Staff summary has been submitted in the Board Packet. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff submits this item to the Board for its review and consideration. 10.A.3 Packet Pg. 85 10.A.3.a Packet Pg. 86 Attachment: EDWARDS - CASE R-18-026 (1404 : Rezoning Case R-18-026 Larry Wayne Edwards & Tamara G. Edwards) 10.A.3.a Packet Pg. 87 Attachment: EDWARDS - CASE R-18-026 (1404 : Rezoning Case R-18-026 Larry Wayne Edwards & Tamara G. Edwards) 10.A.3.a Packet Pg. 88 Attachment: EDWARDS - CASE R-18-026 (1404 : Rezoning Case R-18-026 Larry Wayne Edwards & Tamara G. Edwards) 10.A.3.a Packet Pg. 89 Attachment: EDWARDS - CASE R-18-026 (1404 : Rezoning Case R-18-026 Larry Wayne Edwards & Tamara G. Edwards) 10.A.3.a Packet Pg. 90 Attachment: EDWARDS - CASE R-18-026 (1404 : Rezoning Case R-18-026 Larry Wayne Edwards & Tamara G. Edwards) 10.A.3.a Packet Pg. 91 Attachment: EDWARDS - CASE R-18-026 (1404 : Rezoning Case R-18-026 Larry Wayne Edwards & Tamara G. Edwards) 10.A.3.a Packet Pg. 92 Attachment: EDWARDS - CASE R-18-026 (1404 : Rezoning Case R-18-026 Larry Wayne Edwards & Tamara G. Edwards) 10.A.3.a Packet Pg. 93 Attachment: EDWARDS - CASE R-18-026 (1404 : Rezoning Case R-18-026 Larry Wayne Edwards & Tamara G. Edwards) 10.A.3.a Packet Pg. 94 Attachment: EDWARDS - CASE R-18-026 (1404 : Rezoning Case R-18-026 Larry Wayne Edwards & Tamara G. Edwards) 10.A.3.a Packet Pg. 95 Attachment: EDWARDS - CASE R-18-026 (1404 : Rezoning Case R-18-026 Larry Wayne Edwards & Tamara G. Edwards) 10.A.3.a Packet Pg. 96 Attachment: EDWARDS - CASE R-18-026 (1404 : Rezoning Case R-18-026 Larry Wayne Edwards & Tamara G. Edwards) 10.A.3.a Packet Pg. 97 Attachment: EDWARDS - CASE R-18-026 (1404 : Rezoning Case R-18-026 Larry Wayne Edwards & Tamara G. Edwards) 10.A.3.a Packet Pg. 98 Attachment: EDWARDS - CASE R-18-026 (1404 : Rezoning Case R-18-026 Larry Wayne Edwards & Tamara G. Edwards) Legend Parcels Parcel ID Number Route Numbers Appeals Rezoning Signs Special Uses Variances Zoning Unknown A-1 = Agricultural District B-1 = Business District, Limited B-2 = Business District, General C-1 = Conservation District DZ = Double Zoned Parcels M-1 = Industrial District, Light Industry M-2 = Industrial District, Heavy Industry MHP = Residential Manuf. Housing Park District R-1 = Residential Suburban Subdivision District RC-1 = Residential Combined Subdivision Distric RE = Residential Estates District RMF = Residential Multi-Family Subdivision Distric RPD = Residential Planned Development District TZ = Town Zoning UK = Unknown County Boundary Title: EDWARDS - CASE R-18-026 Date: 11/14/2018 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how current it may be. 10.A.3.b Packet Pg. 99 Attachment: EDWARDS - CASE R-18-026 MAP (1404 : Rezoning Case R-18-026 Larry Wayne Edwards & Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Solid Waste Ordinance Change (Staff Contact: Richard N. Hicks) Staff Contact(s): Richard N. Hicks Agenda Date: November 20, 2018 Item Number: 10.B.1 Attachment(s): PUBLIC HEARING NOTICE Solid Waste Ordinance Changes (Nov 2018) Proposed Solid Waste Ordinance Change Reviewed By: SUMMARY: Following a recommendation from the Board’s Solid Waste Committee, the Board recommended conducting a public hearing on the following attached potential changes to Pittsylvania County Code (“PCC”), Chapter 17, Solid Waste Disposal: (1) deletion of PCC § 17-3(K) previously only allowing bagged and/or wrapped garbage to be disposed of at a County convenience center; (2) revision to PCC § 17-4(E) allowing tires to be disposed of at the County Landfill for a rate to be annually set by the Board; and (3) revision to PCC § 17-9 allowing the disposal of solid waste originating outside of Pittsylvania County, if the disposer of said waste enters into a written Agreement with the County for a disposal rate to be annually set by the Board. FINANCIAL IMPACT AND FUNDING SOURCE: None at this time. Future fiscal impact to be determined. RECOMMENDATION: County Staff recommends the Board, following conducting the duly advertised legally required public hearing, adopt the above-referenced revisions to PCC Chapter 17, Solid Waste Disposal, as presented. MOTION: “I make a Motion to adopt the revisions to PCC Chapter 17, Solid Waste Disposal, as presented.” 10.B.1 Packet Pg. 100 PUBLIC HEARING NOTICE The Board of Supervisors of Pittsylvania County, Virginia, will hold a public hearing on Tuesday, November 20, 2018, at 7:00 p.m., in the General District Courtroom of the Edwin R. Shields Courtroom Addition in Chatham, Virginia, 24531, to receive citizen input on proposed amendments to Pittsylvania County Code (“PCC”), Chapter 17, Solid Waste Disposal. Specifically, the following three (3) changes being proposed: (1) deletion of PCC § 17 -3(K) previously only allowing bagged and/or wrapped garbage to be disposed of at a County convenience center; (2) revision to PCC § 17-4(E) allowing tires to be disposed of at the County Landfill for a rate to be annually set by the Board of Supervisors (“BOS”); and (3) revision to PCC § 17-9 allowing the disposal of solid waste originating outside of Pittsylvania County, if the disposer of said waste enters into a written Agreement with the County for a disposal rate to be annually set by the BOS. A full text of the proposed PCC amendments is available in the Office of the County Administrator, County Administration Building, 1 Center Street, Chatham, Virginia, 24531, on Monday through Friday, from 8:00 a.m. to 5:00 p.m., and on the County’s website www.pittsylvaniacountyva.gov. 10.B.1.a Packet Pg. 101 Attachment: PUBLIC HEARING NOTICE Solid Waste Ordinance Changes (Nov 2018) (1394 : Public Hearing: Solid Waste Ordinance Change) 10.B.1.b Packet Pg. 102 Attachment: Proposed Solid Waste Ordinance Change (1394 : Public Hearing: Solid Waste Ordinance Change) 10.B.1.b Packet Pg. 103 Attachment: Proposed Solid Waste Ordinance Change (1394 : Public Hearing: Solid Waste Ordinance Change) 10.B.1.b Packet Pg. 104 Attachment: Proposed Solid Waste Ordinance Change (1394 : Public Hearing: Solid Waste Ordinance Change) 10.B.1.b Packet Pg. 105 Attachment: Proposed Solid Waste Ordinance Change (1394 : Public Hearing: Solid Waste Ordinance Change) 10.B.1.b Packet Pg. 106 Attachment: Proposed Solid Waste Ordinance Change (1394 : Public Hearing: Solid Waste Ordinance Change) 10.B.1.b Packet Pg. 107 Attachment: Proposed Solid Waste Ordinance Change (1394 : Public Hearing: Solid Waste Ordinance Change) 10.B.1.b Packet Pg. 108 Attachment: Proposed Solid Waste Ordinance Change (1394 : Public Hearing: Solid Waste Ordinance Change) 10.B.1.b Packet Pg. 109 Attachment: Proposed Solid Waste Ordinance Change (1394 : Public Hearing: Solid Waste Ordinance Change) 10.B.1.b Packet Pg. 110 Attachment: Proposed Solid Waste Ordinance Change (1394 : Public Hearing: Solid Waste Ordinance Change) 10.B.1.b Packet Pg. 111 Attachment: Proposed Solid Waste Ordinance Change (1394 : Public Hearing: Solid Waste Ordinance Change) 10.B.1.b Packet Pg. 112 Attachment: Proposed Solid Waste Ordinance Change (1394 : Public Hearing: Solid Waste Ordinance Change) 10.B.1.b Packet Pg. 113 Attachment: Proposed Solid Waste Ordinance Change (1394 : Public Hearing: Solid Waste Ordinance Change) 10.B.1.b Packet Pg. 114 Attachment: Proposed Solid Waste Ordinance Change (1394 : Public Hearing: Solid Waste Ordinance Change) 10.B.1.b Packet Pg. 115 Attachment: Proposed Solid Waste Ordinance Change (1394 : Public Hearing: Solid Waste Ordinance Change) 10.B.1.b Packet Pg. 116 Attachment: Proposed Solid Waste Ordinance Change (1394 : Public Hearing: Solid Waste Ordinance Change) 10.B.1.b Packet Pg. 117 Attachment: Proposed Solid Waste Ordinance Change (1394 : Public Hearing: Solid Waste Ordinance Change) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Lease of Tower Space - Dan River Middle School Tower (Staff Contact: Richard N. Hicks) Staff Contact(s): Richard N. Hicks Agenda Date: November 20, 2018 Item Number: 10.B.2 Attachment(s): 11-20-2018 Public Hearing - Cell Tower Cell Tower Lease Dan River Middle School Plat Reviewed By: 10.B.2 Packet Pg. 118 SUMMARY: County Staff was recently contacted by a cellular firm that was interested in locating on the Dan River Middle School tower located at 325 Dodson Lane. Prior to considering a Lease, the County is required to hold a Public Hearing to dispose of an interest in publicly owned property. A Public Hearing has been duly advertised for this Meeting. Since the initial contact, the County has been contacted by a second company that is interested in locating on the same tower. As you are probably aware, several of the County’s most recent tower sites were funded with tax free bonds, so the County is limited as to the amount of income that can be generated from these tower sites until the notes are repaid. The only Lease the County currently has is with AT&T on the Chatham Tower near the Courthouse. Following consultation with the County’s Bond Counsel, it is understood that these two (2) proposed Leases on the Dan River tower will fall within that monetary limit. Under the County’s tower construction project, the Dan River tower is slated for some modifications to allow for the installation of additional County equipment. This allows the County to use its current consultants to evaluate the two (2) requests. A preliminary review shows that the County would have the space available on the Dan River Middle School tower. Because of a change in Building Code requirements, the County will have to do some additional foundation work to this tower. This work is necessary regardless of whether or not the cellular companies agree to the County’s terms and conditions. The County would charge said cellular companies for any and all evaluation costs based on their requests. Attached for your review and information is a copy of a proposed Lease. County Staff will continue negotiating with the companies and should have additional information for you prior to or at the November Board Meeting. FINANCIAL IMPACT AND FUNDING SOURCE: Both Leases would provide additional funding for the County that could be used to offset a portion of the existing debt service on the towers, or could be set aside to fund future communication improvements. RECOMMENDATION: County Staff recommends that the Board authorize the County Administrator to finalize the Lease terms for both carriers and to execute any and all of the related necessary documents. MOTION: “I make a Motion to authorize the County Administrator to finalize the Lease terms for the two (2) cellular carriers and to execute any and all related necessary documents for said Leases.” 10.B.2 Packet Pg. 119 PUBLIC HEARING NOTICE The Pittsylvania County Board of Supervisors will hold a public hearing at 7:00 p.m. on Tuesday, November 20, 2018, in the Pittsylvania County General District Courtroom, Second Floor, Edwin R. Shields Courthouse Addition, Chatham, Virginia 24531, to receive citizen input on a new proposed lease of tower space to a cellular company on the County’s existing Kentuck radio tower located at 100 Kentuck Elementary Circle, Ringgold, VA 24586. A complete text of the proposed lease and related documents are available in the Pittsylvania County Administrator’s Office, 1 Center Street, Chatham, Virginia, 24531, Monday through Friday, 8:00 a.m. to 5:00 p.m., as well as on the County’s website at www.pittsylvaniacountyva.gov. 10.B.2.a Packet Pg. 120 Attachment: 11-20-2018 Public Hearing - Cell Tower (1405 : Public Hearing on Lease of Tower Space - Dan River Middle School Tower) Page 1 of 11 LEASE AGREEMENT THIS LEASE AGREEMENT (hereinafter referred to as this "Lease"), made as of the ______ day of July, 2014, between THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA (hereinafter referred to as the "Lessor"), and ______________ (hereinafter referred to as the "Lessee"). WHEREAS, Lessor is the lessee of certain real properties located in Pittsylvania County, Virginia, known as the Dan River Middle School radio tower site, located at 325 Dodson Lane, Ringgold, Virginia, consisting of 2.88 acres, and more particularly described on Exhibit "A," attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, Lessee desires to lease from Lessor certain space on Lessor's communications towers (the "Towers") and ground space for the placement of equipment shelter(s) for the placement and operation of Lessee's communications equipment more particularly described on Exhibit "B" attached hereto and incorporated herein by reference (the "Facilities"); and NOW, THEREFORE, for valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged by the parties hereto, the parties hereby agree as follows: 1. Demise. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the space on Lessor's Towers at the ___ foot level for the placement of Lessee's Facilities and ground space for the placement of an equipment shelter (the "Leased Space"). The Leased Space, together with easements for access and utilities, are more particularly described in Exhibit "C," attached hereto and incorporated herein by reference. 2. Use. Lessee shall be permitted the non-exclusive right to install, maintain, and service its Facilities on Lessor's Towers, which Facilities shall be utilized for the transmission and reception of Emergency Response Equipment. These shall be the only permissible uses under this Lease. 3. Conditions Precedent to Commencement Date. (a) Approvals. Lessee's ability to use the Leased Space is contingent upon its obtaining, after the execution date of this Lease, all certificates, permits, licenses and other approvals that may be required by any federal, state, or local authorities (the "Approvals"). Lessor shall cooperate with Lessee in its effort to obtain such Approvals. In the event that Lessee notifies Lessor that (i) any application for an Approval is rejected; (ii) an Approval is canceled, expires, lapses, or is otherwise withdrawn or terminated for any reason whatsoever prior to installation of the Facilities by Lessee ; or (iii) any radio frequency propagation tests are found to be unsatisfactory so that Lessee in its sole discretion will be unable to use the Leased Space for its intended purposes, Lessee shall have the right to terminate this Lease with no further obligation on the part of either party. Moreover, Lessee shall also obtain a profession inner-modulation study on the Towers and a structural analysis of each Tower site by a certified professional engineer (the “Studies”). 4. Term. (a) Commencement Date. Provided Lessor has obtained evidence of the Approvals and Studies described above, the Lease term shall begin on the date of execution of this Lease (the "Commencement Date"), and shall continue until midnight on July 1, 2018 (the "Initial Term"). 10.B.2.b Packet Pg. 121 Attachment: Cell Tower Lease Dan River Middle School (1405 : Public Hearing on Lease of Tower Space - Dan River Middle School Tower) Page 2 of 11 Lessee shall have the option of extending this Lease for two (2) additional four (4) year terms (the "Renewal Terms"). Such renewal options shall be exercisable by Lessee by notifying Lessor in writing at the address shown below at least six (6) months prior to expiration of the then current term. (b) Termination by Lessee. Notwithstanding anything to the contrary contained herein, Lessee shall be entitled to terminate this Lease after the Commencement Date with written notice to Lessor in the event: (i) any Approval is canceled, expires, lapses, or is otherwise withdrawn or terminated for any reason whatsoever; or (ii) any notice by Lessor of relocation of Lessee's Facilities pursuant to Section 9 is unacceptable to Lessee. Any such termination by Lessee shall be effective thirty (30) days after receipt of written notice by Lessor. Upon such termination, this Lease shall terminate and be of no further force and effect, and except for any indemnity obligations and Lessee's obligations to remove the Facilities from the Property, the parties hereto shall be released from all duties, obligations, liabilities, and responsibilities under this Lease. (c) Termination by Lessor. Lessor shall have the right to terminate this Lease upon ninety (90) days’ prior written notice to Lessee. Upon such termination, subject to all terms contained herein, Lessor and Lessee shall thereafter be released from all further liability under this Agreement. 5. Rent. (a) Base Rent. For the Initial Term, Lessee shall annually pay as rent one-dollar ($1.00) to Lessor, in advance, beginning on the Commencement Date, and on the first day of each year thereafter. Rental payments shall be mailed to the Lessor at the address set forth herein, or to such other person, firm or place as the Lessor may from time-to-time designate in writing. Lessor and Lessee shall negotiate the base rent for all Renewal Terms upon said occurrence. (b) Taxes. Lessee shall be responsible for the reporting and payment when due of any and all applicable taxes, fees, or other costs, directly related to ownership or operation of the Facilities. If applicable, Lessee shall additionally pay Lessor for any increase to Lessor's property taxes assessed on the Property specifically as a result of the placement of Facilities. 6. Relocation of Facilities. Lessor reserves the right to change the location of Lessee's Facilities upon thirty (30) days’ written notice to Lessee. Lessee shall relocate or remove the Facilities, at Lessor's expense, within thirty (30) days’ of receipt of any such notice by Lessor. 7. Access; Ingress and Egress. Lessor hereby grants to Lessee an easement for the term hereof for ingress, egress, and access to the Property adequate to service the Facilities. Lessee or Lessee's qualified contractors or persons under Lessee's direct supervision shall have access to the Towers and Lessee's equipment shelters upon twenty-four (24) hours’ notice to Lessor and the availability, at Lessor's option, of Lessor's field personnel to provide an escort and/or supervision. Lessee shall maintain all access codes to compounds and facilities as confidential. 10.B.2.b Packet Pg. 122 Attachment: Cell Tower Lease Dan River Middle School (1405 : Public Hearing on Lease of Tower Space - Dan River Middle School Tower) Page 3 of 11 8. Utilities. Lessor hereby grants to Lessee an easement for the term hereof to permanently place any utilities on or to bring utilities across the Property in order to service the Facilities, subject to Lessor's prior written approval of the design and installation method and procedures. Lessee shall pay the cost of all utility service necessary to install, maintain, and operate the Facilities. Where practicable, a separate meter will be installed for Lessee's use. If no meter is available, the parties shall prorate such charges based on approximate actual use within thirty (30) days of receipt by Lessor of an invoice from an applicable utility company. Lessee shall obtain and pay the cost of telephone connections. Installation of telephone service shall be in compliance with the procedures for installation and maintenance of Facilities set forth below. 9. Lessee's Covenants. Lessee covenants that the Facilities, and all installation, operation and maintenance associated therewith, will: (a) In no way damage Lessor's Towers, Property, or any other structure or accessories thereto, normal wear and tear excepted. If damage, other than normal wear and tear occurs, then Lessee shall be liable for repair or reimbursement of repair for said damages; (b) Not interfere with the operation of Lessor's equipment, authorized frequency spectrum, signal strength or the equipment of other existing lessees ("Prior Lessee"), if any, on the Towers. In the event there is interference, Lessor shall have a third party, chosen by Lessor in its sole discretion, evaluate such interference problems. In the event such third party determines, in its sole discretion, that Lessee's Facilities are interfering with the operation of Lessor's or a Prior Lessee's equipment, Lessee shall immediately take all steps recommended by such third party necessary to eliminate the interference including, if required, cutting off power to the objectionable Facilities. If Lessee cannot immediately eliminate the interference, Lessee will remove the objectionable Facilities; (c) Not interfere with the maintenance of Lessor's Towers and the Towers lighting systems; (d) Keep the Facilities in a state of repair acceptable to Lessor; (e) Identify the Facilities with metal tags fastened securely to its bracket on the Towers and to each transmission line(s); (f) Comply with all applicable rules and regulations of the Federal Communications Commission ("FCC") and all federal, state, and local laws governing use of the Property; (g) Occur in compliance with all applicable laws and ordinances and promptly discharge any lien for labor or material within fifteen (15) days of filing same; (h) Upon expiration of this Lease, remove all Facilities from the Property and restore the Leased Space to its original condition, normal wear and tear excepted. In the event Lessee has not removed the Facilities at the time of expiration or termination of the Lease, Lessee shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term until such time as the removal of the Facilities are completed. In the event Lessee does not remove its Facilities at the time of expiration or termination of this Lease, Lessor shall have the right to remove and store the Facilities, at Lessee's sole expense, and Lessee shall reimburse Lessor 10.B.2.b Packet Pg. 123 Attachment: Cell Tower Lease Dan River Middle School (1405 : Public Hearing on Lease of Tower Space - Dan River Middle School Tower) Page 4 of 11 for such expenses upon demand. If Lessor removes the Facilities, Lessor shall not be responsible for any damage to the Facilities during the removal and storage thereof unless caused by the negligence of Lessor. 10. Lessor's Covenants. Lessor covenants that during the term of this Lease it shall: (a) Maintain the Towers and surrounding areas in a safe condition; (b) Except as otherwise set forth in this Lease, take no action which would adversely affect the Lessee's proposed use of the Leased Space; (c) Upon Lessee's payment of rent and performance of its covenants, ensure Lessee's quiet use and enjoyment of the Leased Space. 11. Compliance with Laws. (a) Lessor acknowledges that it is aware of its obligations under Section 303 of the Communications Act of 1934 (47 U.S.C. 303) to maintain the painting and illumination of the Towers as prescribed by the FCC. Lessor further acknowledges that it is aware that it is subject to forfeitures assessed by the FCC for violations of such rules and requirements. Lessor further acknowledges that it, and not Lessee, shall be responsible for compliance with all Towers or building marking and lighting requirements which may be required by the Federal Aviation Administration (“FAA") or the FCC. To the extent allowed by Virginia law, Lessor shall indemnify and hold harmless Lessee from any fines or other liabilities caused by Lessor's failure to comply with such requirements. Further, should Lessee be cited by either the FCC or FAA because the Towers are not in compliance within the time frame allowed by the citing agency, Lessee may terminate this Lease immediately upon notice to the Lessor. (b) Lessor is not aware of, and has not received notice of the disposal, release, or presence of Hazardous Substances on the Property. "Hazardous Substances" means any hazardous material or substance which is or becomes defined as a hazardous substance, pollutant, or contaminant subject to reporting, investigation or remediation pursuant to any federal, state, or local law, regulation or order; and any substance which is or becomes regulated by any federal, state, or local governmental authority; and any oil, petroleum products and their by-products. 12. Assignment or Subletting: No Liens. (a) Lessee shall not assign, convey, sublet, or transfer its interest in the Lease without first obtaining Lessor's written approval, which approval shall not be unreasonably withheld. (b) Lessee shall keep the Property, the Leased Premises and the Facilities free from any liens arising from any work performed, materials furnished or obligations incurred by or at the request of Lessee. All person either contracting with lessee or furnishing or rendering labor and materials to Lessee shall be notified in writing by Lessee that they must look only to Lessee for payment for any labor or materials. If any lien is filed against the Property, the Leased Premises or the Facilities as a 10.B.2.b Packet Pg. 124 Attachment: Cell Tower Lease Dan River Middle School (1405 : Public Hearing on Lease of Tower Space - Dan River Middle School Tower) Page 5 of 11 result of the acts or omissions of Lessee, its employees, agents or contractors, Lessee shall discharge it within twenty (20) days after Lessee learns that the lien has been filed. 13. Insurance: Risk of Loss. (a) Insurance. Prior to installation of the Facilities and to having access to the Leased Space and at all times during the term of this Lease, Lessee shall provide proof of insurance, as outlined below, satisfactory to Lessor, and maintain the coverages specified below during the term hereof and until all Facilities is removed from the Leased Space following termination hereof: • Comprehensive General Liability Insurance in an aggregate amount of $2,000,000.; • Workers' Compensation coverage in the statutory amount. Employers Liability Occupational Disease and Bodily Injury, Combined Single Limit of $1 ,000,000; • Automobile Liability for Owned and Non-Owned Autos, Combined Single Limit of $1 ,000,000; and • All Risk Insurance with Standard Extended Coverage, Replacement Value, Without Coinsurance factor for Full Replacement Value of Lessee's Facilities and personal property located on the Property. (b) Additional Insured. Lessor shall be named as additional insured on the policy or policies. Lessee may satisfy this requirement by obtaining appropriate endorsements to any master or blanket policy of liability insurance Lessee may maintain. No policy may be cancelable or subject to reduction of coverage except after thirty (30) days prior written notice to Lessor. (c) Third Parties. Lessee shall require its contractors and subcontractors to carry workers' compensation insurance and adequate liability insurance in conformity with the minimum requirements listed above. (d) Destruction; Force Majeure; Risk of Loss; Limitation of Liability. Notwithstanding anything herein to the contrary, Lessee shall bear the risk of loss of or damage to the Facilities during the term of this Agreement. Except for the gross negligence of Lessor, Lessor shall not be liable for any damage to the Facilities. Notwithstanding anything herein to the contrary, Lessor shall not be liable for any consequential or incidental damages incurred by Lessee due to any malfunction, vandalism, acts of God (including, without limitation, lightning, wind, rain, hail, fire or storms) or any other damage resulting from any reason. In the event the Towers or other portions of the Leased Space are destroyed or so damaged as to be unusable, the Lessor or Lessee shall be entitled to elect to cancel and terminate this Lease, or in the alternative may elect to restore the Leased Space, in which case the Lessee shall remain bound hereby but shall be entitled to an abatement of rent during the loss of use, if the Lessee has not elected to cancel this Lease. In no event shall the leasehold or other interest created hereby be specifically enforceable and in no event shall Lessor be responsible to any party for lost profits or market share. 14. Indemnification. Lessee does hereby agree to indemnify and save Lessor harmless 10.B.2.b Packet Pg. 125 Attachment: Cell Tower Lease Dan River Middle School (1405 : Public Hearing on Lease of Tower Space - Dan River Middle School Tower) Page 6 of 11 from any and all claims, demands, or causes of action for property damage or personal injuries caused by Lessee, Lessee's agents, employees, contractors and customers, arising out of Lessee's occupancy of the Leased Space or the installation, maintenance, and operation of the Facilities. 15. Default. Each of the following shall be considered a default by the Lessee: (a) The failure to pay any rent required hereunder within thirty (30) days after receipt of Lessor's written notice of such failure; (b) The failure to cure, within (30) days after receipt of Lessor's written notice thereof, any breach of any other term hereof (except for promises relating to interference as set forth in Section 9(b) hereof); (c) Abandonment of the Leased Space; or (d) The failure of Lessee to eliminate interference problems as set forth in Section 9(b). . Upon default of this Lease by Lessee, in addition to all other remedies provided at law or in equity, Lessor may, at its option: (i) elect to remove all of the Facilities, without notice and without being guilty or liable in any manner for trespass, thereby terminating this Lease, and store the Facilities at Lessee's expense, payable upon demand by Lessor. (ii) elect to treat this Lease in full force and effect and shall be entitled to collect the rent provided for hereunder. 16. Condemnation. If the whole of the Property or Leased Space which are subject of this Lease or so much thereof as to interfere with the use thereof shall be taken or condemned by any competent authority for any public or quasi-public use or purpose, this Lease shall terminate as of the date when possession is taken. In such event, Lessor shall be under no liability to Lessee, and Lessee shall be entitled to no part of any condemnation award except so much thereof as the condemning authority expressly allocates to moving or relocation expenses incurred by Lessee. Lessor shall provide Lessee with notice in writing of any actual or threatened condemnation proceedings promptly after receiving notice thereof. 17. ARBITRATION. ANY DISPUTE AS TO THE INTERPRETATION OR ENFORCEMENT OF THIS LEASE SHALL BE SUBJECT TO BINDING ARBITRATION PURSUANT TO THE RULES AND REGULATIONS OF THE AMERICAN ARBITRATION ASSOCIATION. EACH PARTY WAIVES ALL RIGHT TO TRIAL, AND JUDGMENT MAYBE ENTERED UPON THE ARBITRATION AWARD UPON PETITION TO THE APPROPRIATE COURT. 18. Mortgage by Lessor. This Lease is and shall be subject to a security interest or mortgage which might now or hereafter constitute a lien upon the Property. This Lease is and shall be subject and subordinate in all respects to any and all such mortgages on the Property and to all renewals, modifications, consolidations, replacements and extensions thereof. In the event any proceedings are brought for foreclosure or in the event of the exercise of the power of sale under any 10.B.2.b Packet Pg. 126 Attachment: Cell Tower Lease Dan River Middle School (1405 : Public Hearing on Lease of Tower Space - Dan River Middle School Tower) Page 7 of 11 mortgage covering the Property, the Lessee shall attorney to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Lessor under this Lease; provided that so long as the Lessee is not in default hereunder, this Lease shall remain in full force and effect. 19. Title to Equipment. Lessee shall retain title at all times to its Equipment or personal property installed and operated by Lessee pursuant to this Lease. 20. Entirety. This writing constitutes the entire agreement between Lessor and Lessee and any modification hereof must, in order to be effective, be in writing, signed by authorized representatives of each party. 21. Waiver. Failure or delay on the part of either party to exercise any right, power, privilege, or remedy hereunder shall not operate as a waiver thereof; nor, shall any single or partial exercise of any right under this Lease preclude any other or further exercise thereof or the exercise of any other right. 22. Binding Effect. This Lease shall extend to and bind the heirs, persons, representatives, successors, assigns, or its successors in interest of the parties hereto. 23. Governing Law; Venue; Litigation Expenses. This Lease and performance hereunder shall be governed, interpreted, construed and regulated by the laws of the Commonwealth of Virginia. Venue shall be in the appropriate court in Pittsylvania County Virginia, or the nearest appropriate Federal Court. In any litigation or arbitration resulting from anything contained herein, each party shall by all of its own litigation expenses and fees. 24. Notice. All notice and payments due hereunder shall be deemed validly given if sent by certified mail, return receipt requested, or with a nationally recognized courier who provides notice of receipt, postage fully prepaid, addressed as follows, or to such other addresses as may be given from either party in writing to the other: Lessor: Pittsylvania County, Virginia P.O. Box 426, 1 Center Street Chatham, Virginia 24531 Attn: Richard N. Hicks Phone (434) 432-1768 Email: Richard.Hicks@pittgov.org Lessee: _______________________ _______________________ _______________________ _______________________ 25. Headings. Section headings in this Lease are included for the convenience of reference only and shall not constitute a part of this Lease for any other purpose. 10.B.2.b Packet Pg. 127 Attachment: Cell Tower Lease Dan River Middle School (1405 : Public Hearing on Lease of Tower Space - Dan River Middle School Tower) Page 8 of 11 26. Rules of Interpretation. In the event that this Lease requires interpretation, such interpretation shall not presume that the terms hereof shall be more strictly construed against one party by reason of any rule of construction than a document is to be construed more strictly against the party who prepared the same. 27. Brokerage. Each party warrants and represents to the other that it has not dealt with a real estate agent or broker with respect to this Lease, and, to the extent allowed by Virginia law, shall hold the other party harmless against all claims by any real estate agent or broker claiming a commission hereunder on behalf of the indemnifying party. 28. Memorandum of Lease. At the request of Lessee, Lessor hereby agrees to execute a Memorandum of Lease, in form satisfactory for recording, and such Memorandum of Lease may be filed of record by the Lessee, at Lessee's sole cost, including taxes or assessments incurred in connection therewith. The parties understand and agree that this Lease shall not be recorded of record. 29. Counterparts. This Lease may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute but one instrument. 30. Severability. If any provision of this Agreement is in conflict with any applicable statute, rule of law, or regulation, then such provision shall be deemed to be null and void to the extent that it may conflict therewith but without invalidating the remaining provisions hereof. 31. Authority. Each party hereby represents and warrants to the other that all necessary corporate authorizations required for execution and performance of this Lease have been given and that the undersigned officer is duly authorized to execute this Lease and bind the party for this it signs. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. LESSOR: THE BOARD OF SUPERVISORS OF PITTSYLVANIA 10.B.2.b Packet Pg. 128 Attachment: Cell Tower Lease Dan River Middle School (1405 : Public Hearing on Lease of Tower Space - Dan River Middle School Tower) Page 9 of 11 COUNTY, VIRGINIA By: ______________________________________ Name: Robert W. Warren Title: Chairman State of Virginia: County of Pittsylvania to wit: The foregoing instrument was acknowledged before me this ___ day of _____, 2014, by _______________________________. ___________________________ Notary Public My Commission Expires: ___________________ Approved as to Form: _________________________ J. Vaden Hunt, Esq. Pittsylvania County Attorney LESSEE: By: _______________________ 10.B.2.b Packet Pg. 129 Attachment: Cell Tower Lease Dan River Middle School (1405 : Public Hearing on Lease of Tower Space - Dan River Middle School Tower) Page 10 of 11 Name: _____________________ Title: _____________________ State of Virginia County/City of ____________, to wit: The foregoing instrument was acknowledged before me this ___ day of _____, 2014, by _______________________________. ___________________________ Notary Public My Commission Expires: ___________________ 10.B.2.b Packet Pg. 130 Attachment: Cell Tower Lease Dan River Middle School (1405 : Public Hearing on Lease of Tower Space - Dan River Middle School Tower) Page 11 of 11 Exhibit “A” Dan River Middle School Tower Site: Lot, containing 2.88 acres, located at 325 Dodson Lane in Pittsylvania County, Virginia, as shown on Plat of Survey entitled “Plat of Boundary Survey for Pittsylvania County Board of Supervisors, Dan River Magisterial District, Pittsylvania County, Virginia”, dated February 07, 2012, by William R. Powell, Land Surveyor, License Number 002910, of Dewberry & Davis, Inc., said Plat of Survey being attached hereto and made a part hereof, evidenced by documents recorded as Instrument Number 02-2237, and contained in Map Book 43, page 311J. 10.B.2.b Packet Pg. 131 Attachment: Cell Tower Lease Dan River Middle School (1405 : Public Hearing on Lease of Tower Space - Dan River Middle School Tower) 10.B.2.c Packet Pg. 132 Attachment: Plat (1405 : Public Hearing on Lease of Tower Space - Dan River Middle School Tower) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Procurement Policy Changes (Staff Contact: J. Vaden Hunt, Esq.) Staff Contact(s): J. Vaden Hunt, Esq. Agenda Date: November 20, 2018 Item Number: 10.B.3 Attachment(s): 11-20-2018 Public Hearing Notice - Procurement Changes Proposed Procurement Policy Changes Reviewed By: SUMMARY: Attached please find potential revisions to Chapter 25, Procurement Policy, of the Pittsylvania County Code, brought to the County’s attention recently by its Auditor. Said revisions, which are legally required to be adopted, detail new standards for conducting procurement transactions/contracts that are federally funded through direct federal aid, federal pass-through aid, state categorical aid, and/or other grant sources. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board, following the holding of the legally required public hearing, adopt the revisions to Chapter 25 (Procurement Policy) of the Pittsylvania County Code as presented. MOTION: “I make a Motion to adopt the revisions to Chapter 25 (Procurement Policy) of the Pittsylvania County Code as presented.” 10.B.3 Packet Pg. 133 PUBLIC HEARING NOTICE The Board of Supervisors of Pittsylvania County, Virginia, will hold a public hearing on Tuesday, November 20, 2018, at 7:00 p.m., in the General District Courtroom of the Edwin R. Shields Courtroom Addition in Chatham, Virginia, 24531, to receive citizen input on proposed amendments to Pittsylvania County Code, Chapter 25, Procurement Policy, to mirror the Virginia Public Procurement Act and to update the Federal Grant Awards’ Sections as required by Federal Law and the County’s financial Auditor. A full text of the proposed PCC amendment is available in the Office of the County Administrator, Captain Martin Building, 1 Center Street, Chatham, Virginia, 24531, on Monday through Friday, from 8:00 a.m. to 5:00 p.m. and on the County’s website www.pittsylvaniacountyva.gov. 10.B.3.a Packet Pg. 134 Attachment: 11-20-2018 Public Hearing Notice - Procurement Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 135 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 136 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 137 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 138 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 139 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 140 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 141 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 142 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 143 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 144 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 145 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 146 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 147 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 148 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 149 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 150 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 151 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 152 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 153 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 154 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 155 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 156 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 157 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 158 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 159 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 160 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 161 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 162 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 163 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 164 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 165 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 166 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 167 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 168 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 169 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 170 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 171 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 172 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 173 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 174 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 175 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 176 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 177 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 178 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 179 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 180 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 181 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 182 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 183 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 184 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 185 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 186 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 187 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) 10.B.3.b Packet Pg. 188 Attachment: Proposed Procurement Policy Changes (1393 : Public Hearing: Procurement Policy Changes) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Approval of Federal Grant Administration Policy and Conflict of Interest Policy (Staff Contact: J. Vaden Hunt, Esq.) Staff Contact(s): J. Vaden Hunt, Esq. Agenda Date: November 20, 2018 Item Number: 12.a Attachment(s): Federal Grant Administration Policy.2018 Conflict of Interest Policy.2018 Reviewed By: SUMMARY: The County was recently notified by our auditors, Robinson, Famer, Cox and Associates, that the Office of Management and Budget was now requiring implementation of statutory changes to the County’s Procurement Policy covering micro-purchase limits and the Simplified Acquisition Thresholds for Financial Assistance. A Public Hearing will be held at tonight’s Business Meeting concerning the changes to the Procurement Policy. Additionally, the County is also required to implement a Federal Awards Administration Policy along with a Conflict of Interest Policy, since the County receives federal funding. Since these policies are not part of the County Code, they do not require a Public Hearing. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends that the Board adopt the attached policies concerning the handling of federal funds. MOTION: “I make a Motion to adopt the Federal Awards Administration Policy and the Conflict of Interest Policy as required by the Office of Management and Budget.” 12.a Packet Pg. 189 GRANT ADMINISTRATION Pittsylvania County does not have a centralized grants department; therefore, it is the responsibility of each department obtaining a grant to care for and be familiar with all grant documents and requirements. If a grant is Federal, the department should immediately notify the Finance Director for inclusion in the Pittsylvania County’s Single Audit. For the purpose of this policy “Program Director” applies to the individual within a given department who will be responsible for the grant. 1. Grant Development, Application, and Approval – a. Legislative Approval – The point at which legislative approval is required is determined by the requirements of the grant program. If the grant must be submitted by “an individual authorized by the legislative body”, then Board approval is required prior to submitting the application. If such legislative approval is not specifically required by the written terms of the grant, then the department head may, at his or her discretion, approve grant applications. In this case, a copy of the application shall be sent to the County Administrator’s office. If an award is given, a copy of the agreement shall also be furnished to the County Administrator’s office. Electronic copies are preferable. b. Matching Funds – Grants that require cash local matches must be coordinated through the County Administrator’s office. At a minimum, funds must be identified within the existing budget to provide the match, or a budget adjustment will be required. Depending on the nature of the grant, there may also be some policy implications that will bear discussion. (For example, will the grant establish a level of service that cannot be sustained once the grant funds are depleted?) c. Grant Budgets – Most grants require the submission of an expenditure budget. The department head should review this portion of the grant request prior to submission. The Finance Director will need to be contacted regarding personnel projections. 2. Grant Program Implementation – a. Notification and Acceptance of an Award – Official notification of a grant award is typically sent by a funding agency to the program director and/or other official designated in the original grant proposal. However, the authorization to actually spend grant funds is derived from the Board through the approval of a grant budget. This is done with the adoption of the Government-wide operating budget, as the grant budget is a component of such. b. Establishment of Accounts – The department that obtained the grant will provide the Finance office with information needed to establish revenue and expense accounts for the project. Ordinarily, this information will include a copy of a summary of the project and a copy of the full project budget. Federal Awards Administration: 12.a.a Packet Pg. 190 Attachment: Federal Grant Administration Policy.2018 (1388 : Approval of Federal Grant Administration Policy and Conflict of Interest Policy) Federal Awards Administration (continued) c. Purchasing Guidelines – All other Pittsylvania County purchasing and procurement guidelines apply to the expenditure of grant funds. The use of grant funds does not exempt any purchase from normal purchasing requirements. All typical paperwork, staff approvals, and bidding requirements apply. When in doubt, the Program Director should contact the County Administrator’s office for further assistance. 3. Financial and Budgetary Compliance – a. Monitoring Grant Funds – Departments may use some internal mechanism (such as a spreadsheet) to monitor grant revenues, expenditures and budgetary compliance, however all such financial information will also be maintained in the Pittsylvania County’s finance software at some level. The finance software is considered to be Pittsylvania County’s “official” accounting system. Ultimately, the information in this system is what will be audited and used to report to governing boards, not information obtained from offline spreadsheets. Program Directors are strongly encouraged to use inquiries and reports generated directly from the finance software to aide in grant tracking. If any “off-system” accounting records are maintained, it is the responsibility of the Program Director to ensure that the program’s internal records agree to the Pittsylvania County’s accounting system. b. Fiscal Years – Occasionally, the fiscal year for the granting agency will not coincide with the Pittsylvania County’s fiscal year. This may require adjustments to the internal budget accounts and interim financial reports as well as special handling during fiscal year-end close. It is the responsibility of the department head to oversee grant budgets within his/her department and to bring such discrepancies to the attention of the Finance office at the time the grant accounts are established. c. Grant Budgets – When the accounting structure for a grant is designed, it will include the budget that was prepared when the grant application was submitted. The terms of each specific grant will dictate whether any budget transfers between budgeted line items will be permitted. In no case will the Program Director be authorized to exceed the total budget authority provided by the grant. If grant funds have not been totally expended by fiscal year-end, it is the responsibility of the Program Director to notify the Finance Director that budget funds need to be carried forward to the new fiscal year, and to confirm the amounts of such carry-forwards. This can be done during the Pittsylvania County’s normal annual budgeting process. Carry-forwards of grant funds will be subjected to maximum allowable amounts/percentages based on the grant award agreement and/or the Uniform Guidance compliance supplement. d. Capital Assets – Pittsylvania County is responsible for maintaining an inventory of assets purchased with grant monies. The Pittsylvania County is accountable for them and must make them physically available for inspection during any audit. The Finance Director must be notified immediately of any sale of these assets. 12.a.a Packet Pg. 191 Attachment: Federal Grant Administration Policy.2018 (1388 : Approval of Federal Grant Administration Policy and Conflict of Interest Policy) Federal Awards Administration (continued) Customarily, the proceeds of the sale can only be used on the grant program that purchased them. In most cases, specific governing regulations can be found in the original grant. The individual department overseeing the grant will coordinate this requirement. All transactions that involve the acquisition or disposal of grant funded fixed assets must be immediately brought to the attention of the Finance Director. 4. Record Keeping – a. Audit Workpapers – The Pittsylvania County’s external auditors audit all grants at the end of each fiscal year. The department who obtained the grant will prepare the required audit workpapers. These will then need to be sent to the Finance Director within a reasonable time following year end. b. Record Keeping Requirements – Grant record keeping requirements may vary substantially from one granting agency to another. Consequently, a clear understanding of these grant requirements at the beginning of the grant process is vital. The Program Director in the Finance Department will maintain copies of all grant draw requests, and approved grant agreements (including budgets). Records shall be retained for a minimum of 5 years from the date on which the final Financial Status Report is submitted, or as otherwise specified in the requirements of the federal award, unless a written extension is provided by the awarding agency, cognizant agency for audit or cognizant agency for indirect costs. Uniform Guidance Compliance Supplement - General Information Board Policies. The Board of Supervisors has adopted various financial policies independent of those now required for federal awards under the Uniform Guidance. These policies may be incorporated into this document by reference. All of the established board policies also apply to federal grants where appropriate. These policies include: • Pittsylvania County Procurement Policy • Pittsylvania County Financial Management Policies • Conflict of Interest Policy 12.a.a Packet Pg. 192 Attachment: Federal Grant Administration Policy.2018 (1388 : Approval of Federal Grant Administration Policy and Conflict of Interest Policy) Federal Awards Administration (continued) Uniform Guidance Compliance Supplement - Activities Allowed/Unallowed and Allowable Costs/Cost Principles The requirements for allowable costs/cost principles are contained in the Uniform Guidance, program legislation, Federal awarding agency regulations, and the terms and conditions of the award. In order to ensure compliance with these requirements, Pittsylvania County has implemented the following policies and procedures: 1. All grant expenditures will be in compliance with the Uniform Guidance, State law, Pittsylvania County policy, and the provisions of the grant award agreement will also be considered in determining allowability. Grant funds will only be used for expenditures that are considered reasonable and necessary for the administration of the program and treatment will be consistent with the policies and procedures the Pittsylvania County would apply to non-federally financed work. 2. Grant expenditures will be approved by the department head when the bill or invoice is received. The terms and conditions of the Federal Award will be considered when approving. The approval will be evidenced by the department head’s initials on the original bill or invoice. Accounts payable disbursements will not be processed for payment until necessary approval has been obtained. 3. Payroll costs will be documented in accordance with the Uniform Guidance. Specifically, compensation for personal services will be handled as set out in §200.430 and compensation for fringe benefits will follow §200.431 of the Uniform Guidance. 4. An indirect cost rate will only be charged to the grant to the extent that it was specifically approved through the grant budget/agreement. Part 200 examines the allowability of 55 specific cost items (commonly referred to as Selected Items of Cost) at 2 CFR 200.420-200.475. These cost items are listed in the chart below along with the citation where it is discussed whether the item is allowable. Pittsylvania County personnel responsible for spending federal grant funds and for determining allowability must be familiar with the Part 200 selected items of cost section. Pittsylvania County must follow these rules when charging these specific expenditures to a federal grant. When applicable, staff must check costs against the selected items of cost requirements to ensure the cost is allowable. The selected item of cost addressed in Part 200 includes the following (in alphabetical order): Item of Cost Citation of Allowability Rule Advertising and public relations costs 2 CFR § 200.421 Advisory councils 2 CFR § 200.422 Alcoholic beverages 2 CFR § 200.423 Alumni/ae activities 2 CFR § 200.424 Audit services 2 CFR § 200.425 Bad debts 2 CFR § 200.426 Bonding costs 2 CFR § 200.427 Collection of improper payments 2 CFR § 200.428 12.a.a Packet Pg. 193 Attachment: Federal Grant Administration Policy.2018 (1388 : Approval of Federal Grant Administration Policy and Conflict of Interest Policy) Federal Awards Administration (continued) Commencement and convocation costs 2 CFR § 200.429 Compensation – personal services 2 CFR § 200.430 Compensation – fringe benefits 2 CFR § 200.431 Conferences 2 CFR § 200.432 Contingency provisions 2 CFR § 200.433 Contributions and donations 2 CFR § 200.434 Defense and prosecution of criminal and civil proceedings, claims, appeals and patent infringements 2 CFR § 200.435 Depreciation 2 CFR § 200.436 Employee health and welfare costs 2 CFR § 200.437 Entertainment costs 2 CFR § 200.438 Equipment and other capital expenditures 2 CFR § 200.439 Exchange rates 2 CFR § 200.440 Fines, penalties, damages and other settlements 2 CFR § 200.441 Fund raising and investment management costs 2 CFR § 200.442 Gains and losses on disposition of depreciable assets 2 CFR § 200.443 General costs of government 2 CFR § 200.444 Goods and services for personal use 2 CFR § 200.445 Idle facilities and idle capacity 2 CFR § 200.446 Insurance and indemnification 2 CFR § 200.447 Intellectual property 2 CFR § 200.448 Interest 2 CFR § 200.449 Lobbying 2 CFR § 200.450 Losses on other awards or contracts 2 CFR § 200.451 Maintenance and repair costs 2 CFR § 200.452 Materials and supplies costs, including costs of computing devices 2 CFR § 200.453 Memberships, subscriptions, and professional activity costs 2 CFR § 200.454 Organization costs 2 CFR § 200.455 Participant support costs 2 CFR § 200.456 Plant and security costs 2 CFR § 200.457 Pre-award costs 2 CFR § 200.458 Professional services costs 2 CFR § 200.459 Proposal costs 2 CFR § 200.460 Publication and printing costs 2 CFR § 200.461 Rearrangement and reconversion costs 2 CFR § 200.462 Recruiting costs 2 CFR § 200.463 Relocation costs of employees 2 CFR § 200.464 Rental costs of real property and equipment 2 CFR § 200.465 Scholarships and student aid costs 2 CFR § 200.466 Selling and marketing costs 2 CFR § 200.467 Specialized service facilities 2 CFR § 200.468 Student activity costs 2 CFR § 200.469 12.a.a Packet Pg. 194 Attachment: Federal Grant Administration Policy.2018 (1388 : Approval of Federal Grant Administration Policy and Conflict of Interest Policy) Federal Awards Administration (continued) Taxes (including Value Added Tax) 2 CFR § 200.470 Termination costs 2 CFR § 200.471 Training and education costs 2 CFR § 200.472 Transportation costs 2 CFR § 200.473 Travel costs 2 CFR § 200.474 Trustees 2 CFR § 200.475 Uniform Guidance Compliance Supplement - Cash Management Source of Governing Requirements – The requirements for cash management are contained in the Uniform Guidance, program legislation, Federal awarding agency regulations, and the terms and conditions or the award. In order to ensure compliance with these requirements, Pittsylvania County has implemented the following policies and procedures: 1. Most of the Pittsylvania County’s grants are awarded on a reimbursement basis. As such, program costs will be expended and disbursed prior to requesting reimbursement from the grantor agency. If Federal grant funds are received first, care will be taken in order to minimize the time elapsing between receipt of Federal funds and disbursement to contractors/employees/subrecipients according to §200.302 (6) of the Uniform Guidance. Expenditures will be compared with budgeted amounts for each Federal award. 2. Cash draws will be initiated by the Program Director who will determine the appropriate draw amount. Documentation of how this amount was determined will be retained. Payments and travel costs will be handled in a manner consistent with the Pittsylvania County’s existing Accounts Payable policies and in accordance with §200.305 (payments) and §200.474 (travel costs) of the Uniform Guidance. 3. The physical draw of cash will be processed in the Pittsylvania County’s finance software, or through the means prescribed by the grant agreement for other awards. 4. Supporting documentation or a copy of the cash draw paperwork will be filed along with the approved paperwork described above and retained for audit purposes. Uniform Guidance Compliance Supplement - Eligibility Source of Governing Requirements – The requirements for eligibility are contained in program legislation, Federal awarding agency regulations, and the terms and conditions of the award. Additional Policies and Procedures. The following policies and procedures will also be applied: 1. Federal grants will only benefit those individuals and/or groups of participants that are deemed to be eligible. 2. Initial eligibility determinations will be made by the Program Director based on the grant award/contract. Sufficient documentation to support these determinations will be retained and made available to administration, auditors, and pass-through or grantor agencies, upon request. It is the department’s responsibility to maintain complete, accurate, and organized records to support eligibility determinations. 12.a.a Packet Pg. 195 Attachment: Federal Grant Administration Policy.2018 (1388 : Approval of Federal Grant Administration Policy and Conflict of Interest Policy) Federal Awards Administration (continued) Uniform Guidance Compliance Supplement - Equipment and Real Property Management Source of Governing Requirements – The requirements for equipment are contained in the Uniform Guidance, program legislation, Federal awarding agency regulations, and the terms and conditions of the award. Additional Policies and Procedures. The following policies and procedures will also be applied: In order to ensure compliance with these requirements, Pittsylvania County has implemented the following policies and procedures: 1. All equipment will be used in the program for which it was acquired or, when appropriate, in other Federal programs. 2. When required, purchases of equipment will be pre-approved by the grantor or pass- through agency. The Program Director will be responsible for ensuring that equipment purchases have been previously approved, if required, and will retain evidence of this approval. 3. Property/Equipment records will be maintained, a physical inventory shall be taken every two years, and an appropriate system shall be used to safeguard assets. 4. When assets with a current per unit fair market value of $5,000 or more are no longer needed for a Federal program, a request for written guidance shall be made from the grantor agency as to what to do with the property/equipment prior to sale or relocation. The Pittsylvania County shall abide with the requirements set out in §200.311 and §200.313 of the Uniform Guidance in this regard. If a sale will take place, proper procedures shall be used to provide for competition to the extent practical and result in the highest possible return. Uniform Guidance Compliance Supplement - Matching, Level of Effort and Earmarking Source of Governing Requirements – The requirements for matching are contained in the Uniform Guidance, program legislation, Federal awarding agency regulations, and the terms and conditions of the award. The requirements for level of effort and earmarking are contained in program legislation, Federal awarding agency regulations, and the terms and conditions of the award. Pittsylvania County defines “matching”, “level of effort”, and “earmarking” consistent with the definitions of the Uniform Guidance Compliance Supplement: Matching or cost sharing includes requirements to provide contributions (usually non- Federal) or a specified amount or percentage of match Federal awards. Matching may be in the form of allowable costs incurred or in-kind contributions (including third-party in- kind contributions). 12.a.a Packet Pg. 196 Attachment: Federal Grant Administration Policy.2018 (1388 : Approval of Federal Grant Administration Policy and Conflict of Interest Policy) Federal Awards Administration (continued) Level of effort includes requirements for (a) a specified level of service to be provided from period to period, (b) a specified level of expenditures from non-Federal or Federal sources for specified activities to be maintained from period to period, and (c) Federal funds to supplement and not supplant non-Federal funding of services. Earmarking includes requirements that specify the minimum and/or maximum amount of percentage of the program’s funding that must/may be used for specified activities, including funds provided to subrecipients. Earmarking may also be specified in relation to the types of participants covered. In order to ensure compliance with these requirements, Pittsylvania County has implemented the following policies and procedures: 1. Compliance with matching, level of effort, and earmarking requirements will be the responsibility of the Finance Director. 2. Adequate documentation will be maintained to support compliance with matching, level of effort, and earmarking requirements. Such information will be made available to administration, auditors, and pass-through or grantor agencies, as requested. Uniform Guidance Compliance Supplement - Period of Performance Source of Governing Requirements – The requirements for period of performance of Federal funds are contained in the Uniform Guidance, program legislation, Federal awarding agency regulations, and the terms and conditions of the award. In order to ensure compliance with these requirements, Pittsylvania County has implemented the following policies and procedures: 1. Costs will be charged to an award only if the obligation was incurred during the funding period (unless pre-approved by the Federal awarding agency or pass-through grantor agency). 2. All obligations will be liquidated no later than 90 days after the end of the funding period (or as specified by program legislation). 3. Compliance with period of performance requirements will initially be assigned to the Program Director. All AP disbursements are subject to the review and approval of accounts payable staff and the Board as part of the payment process. 12.a.a Packet Pg. 197 Attachment: Federal Grant Administration Policy.2018 (1388 : Approval of Federal Grant Administration Policy and Conflict of Interest Policy) Federal Awards Administration (continued) Uniform Guidance Compliance Supplement - Procurement, Suspension and Debarment Source of Governing Requirements – The requirements for procurement are contained in the Uniform Guidance, program legislation, Federal awarding agency regulations, and the terms and conditions of the award. The requirements for suspension and debarment are contained in OMB guidance in 2 CFR part 180, which implements Executive Orders 12549 and 12689, Debarment and Suspension; Federal agency regulations in 2 CFR implementing the OMB guidance; the Uniform Guidance; program legislation; Federal awarding agency regulations; and the terms and conditions of the award. In order to ensure compliance with these requirements, Pittsylvania County has implemented the following policies and procedures: 1. Purchasing and procurement related to Federal grants will be subject to the general policies and procedures of Pittsylvania County, and to the provisions of the uniform guidance as detailed below. (See Pittsylvania County procurement policy.) 2. Contract files will document the significant history of the procurement, including the rationale for the method of procurement, selection of the contract type, contractor selection or rejection, and the basis of contract price. 3. Procurement will provide for full and open competition. 4. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents can neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. If the financial interest is not substantial or the gift is an unsolicited item of nominal value, no further action will be taken. However, disciplinary actions will be applied for violations of such standards otherwise. 5. Pittsylvania County will avoid acquisition of unnecessary or duplicative items. Consideration will be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine t he most economical approach. Pittsylvania County will also analyze other means, as described in §200.318 of the Uniform Guidance, in order to ensure appropriate and economic acquisitions. 6. Pittsylvania County is prohibited from contracting with or making subawards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. “Covered transactions” include those procurement contracts for goods and services awarded under a nonprocurement transaction (i.e., grant or cooperative agreement) that are expected to equal or exceed $20,000 or meet certain other specified criteria. All nonprocurement transactions (i.e., subawards to subrecipients), irrespective of award amount, are considered covered transactions. 12.a.a Packet Pg. 198 Attachment: Federal Grant Administration Policy.2018 (1388 : Approval of Federal Grant Administration Policy and Conflict of Interest Policy) Federal Awards Administration (continued) 7. Pittsylvania County will include a suspension/debarment clause in all written contracts in which the vendor/contractor will certify that it is not suspended or debarred. The contract will also contain language requiring the vendor/contractor to notify the Government immediately upon becoming suspended or debarred. This will serve as adequate documentation as long as the contract remains in effect. The Program Director or designee will be responsible for running a year-to-date transaction report from the Pittsylvania County’s accounting system. Any vendor with accumulated transactions equaling or exceeding $20,000 that is not subject to a written contract including a suspension/debarment clause or for which a signed statement or suspension or debarment is not on file will be subject to additional procedures. The Program Director or designee will check the Excluded Parties List System (EPLS), https://www.sam.gov/portal/public/SAM/ maintained by the General Services Administration (GSA) for the vendor name. A potential match will be followed-up on immediately. Each vendor searched on EPLS will be initialed on the vendor transaction report and the report will be signed and dated on the first or last page. The vendor transaction report will be retained as evidence of the control. 8. If a vendor is found to be suspended or debarred, the Pittsylvania County will immediately cease to do business with this vendor. 9. Executed contracts and signed quarterly vendor transaction history reports will be retained and filed by the Program Director. 10. When a request for purchase of equipment, supplies, or services for a federal program has been submitted the procurement method to be used will be determined based on the total cost of the purchase as further outlined below. This procedure outlines how the cost thresholds for determining when the quote or formal bidding procedures that are required by state law must be modified when making purchases for federally funded purposes to which the Uniform Grant Guidance regulations apply. A. Micro-purchases not requiring quotes or bidding (up to $10,000) For purposes of this procedure, micro-purchase means a purchase of equipment, supplies, or services for use in federally funded programs using simplified acquisition procedures, the aggregate amount of which does not exceed a base amount of $10,000. The micro-purchase dollar threshold is adjusted periodically by the federal government, and the threshold most recently published and published in the Federal Register shall apply if other than $10,000. The micro-purchase method is used in order to expedite the completion of its lowest dollar small purchase transactions and minimize the associated administrative burden and cost. Procurement by micro-purchase is the acquisition of equipment, supplies or services, the aggregate dollar amount of which does not exceed the micro-purchase threshold. To the extent practicable, the Pittsylvania County distributes micro-purchases equitably among qualified suppliers when the same or materially interchangeable products are identified and such suppliers offer effectively equivalent rates, prices and other terms. 12.a.a Packet Pg. 199 Attachment: Federal Grant Administration Policy.2018 (1388 : Approval of Federal Grant Administration Policy and Conflict of Interest Policy) Federal Awards Administration (continued) Micro-purchases may be awarded without soliciting competitive quotations if the Pittsylvania County considers the price to be reasonable. Evidence will be maintained of this reasonableness in the records of all micro-purchases. Reasonable means that sound business practices were followed and the purchase is comparable to market prices for the geographic area. Such determinations of reasonableness may include comparison of the price to previous purchases of the same item or comparison of the price of items similar to the item being purchased. Even if the cost of a purchase qualifies it as a micro-purchase, bidding or small purchase procedures may be used optionally when those procedures may result in cost savings. B. Small Purchase Procedures (Between $10,000 and $250,000). For purposes of this procedure, small purchase procedures are those relatively simple and informal procurement methods for securing equipment, services, or supplies that cost more than the amount qualifying as micro- purchase and do not exceed $250,000. Small purchase procedures cannot be used for purchases of equipment or supplies for construction, repair or maintenance services costing between $50,000 and $250,000 because the Pittsylvania County purchasing policy requires formal competitive bidding at that level of cost. If small purchase procedures are used, written or telephonic price or rate quotations are obtained from at least three (3) qualified sources and records of quotes are maintained. C. Publicly Solicited Sealed Competitive Bids (Purchase between $50,000 and $250,000) For purchases of equipment or supplies, or of services for construction, maintenance or repairs of facilities, sealed competitive bids are publicly solicited and awarded to the lowest responsive and responsible bidder as provided in the Pittsylvania County’s procurement policy. D. Competitive Proposals (Purchase between $50,000 and $250,000) For purchases of qualifications-based procurement of architectural/engineering professional services whereby competitors’ qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. If this method is used, the following requirements apply: 1. Requests for proposals must be publicized and identify all evaluation factors and their relative importance. Any response to publicized requests for proposals must be considered to the maximum extent practical; 2. Proposals must be solicited from an adequate number of qualified sources; and 3. Contracts must be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered. 12.a.a Packet Pg. 200 Attachment: Federal Grant Administration Policy.2018 (1388 : Approval of Federal Grant Administration Policy and Conflict of Interest Policy) Federal Awards Administration (continued) E. Noncompetitive Proposals (Sole Source) Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used only when one or more of the following circumstances apply: 1. The item is available only from a single source; or 2. The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation; or 3. The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the non-Federal entity; or 4. After solicitation of a number of sources, competition is determined inadequate. 11. Pittsylvania County must use the micro-purchase and small purchase methods only for procurements that meet the applicable criteria under 2 CFR sections 200.320(a) and (b). Under the micro-purchase method, the aggregate dollar amount does not exceed $10,000. Small purchase procedures must be used for purchases that exceed the micro- purchase amount but do not exceed the simplified acquisition threshold of $250,000. Micro-purchases may be awarded without soliciting competitive quotations if the Pittsylvania County considers the price to be reasonable (2 CFR section 200.320(a)). If small purchase procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources (2 CFR section 200.320(b)). 12.a.a Packet Pg. 201 Attachment: Federal Grant Administration Policy.2018 (1388 : Approval of Federal Grant Administration Policy and Conflict of Interest Policy) Federal Awards Administration (continued) Uniform Guidance Compliance Supplement - Program Income Source of Governing Requirements – The requirements for program income are found in the Uniform Guidance, program legislation, Federal awarding agency regulations, and the terms and conditions of the award. In order to ensure compliance with these requirements, Pittsylvania County has implemented the following policies and procedures: 1. Program income will include (but will not be limited to): income from fees for services performed, the use or rental of real or personal property acquired with grant funds, the sale of commodities or items fabricated under a grant agreement, and payments of principal and interest on loans made with grant funds. It will not include interest on grant funds, rebates, credits, discounts, refunds, etc., or interest earned on any of these items unless otherwise provided in the Federal awarding agency regulations or terms and conditions of the award. It will also not include proceeds from the sale of equipment or real property. 2. Pittsylvania County will allow program income to be used in one of three methods: a. Deducted from outlays b. Added to the project budget c. Used to meet matching requirements Absent specific guidance in the Federal awarding agency regulations or the terms and conditions of the award, program income shall be deducted from program outlays. 3. Program income, when applicable, will be accounted for as a revenue source in the same program code as the Federal grant. Uniform Guidance Compliance Supplement - Reporting Source of Governing Requirements – Reporting requirements are contained in the following documents: Uniform Guidance, Performance reporting, 2 CFR section 215, Performance reporting, 2 CFR section 215.51, program legislation, ARRA (and the previously listed OMB documents and future additional OMB guidance documents that may be issued), the Transparency Act, implementing requirements in 2 CFR part 170 and the FAR, and previously listed OMB guidance documents, Federal awarding agency regulations, and the terms and conditions of the award. In order to ensure compliance with these requirements, Pittsylvania County has implemented the following policies and procedures: 1. Reports will be submitted in the required frequency and within the required deadlines. 2. Reports will be completed using the standard forms (as applicable) and method of delivery (i.e., e-mail, grantor website, postal service, etc.). 3. Regardless of the method of report delivery, a copy of the submitted report will be retained along with any documentation necessary to support the data in the report. The report will evidence the date of submission in order to document compliance with timeliness requirements. This may be done either physically or electronically. 12.a.a Packet Pg. 202 Attachment: Federal Grant Administration Policy.2018 (1388 : Approval of Federal Grant Administration Policy and Conflict of Interest Policy) Federal Awards Administration (continued) 4. Financial reports will always be prepared based on the general ledger using the required basis of accounting (i.e., cash or accrual). In cases where financial data is tracked outside of the accounting system (such as in spreadsheets or paper ledgers), this information will be reconciled to the general ledger prior to report submission. 5. Any report with financial-related data will either be prepared or reviewed by the Program Director and will have the appropriate review based on specific grant guidelines. 6. Preparation of reports will be the responsibility of Program Director and Department responsible receiving grant funding. All reports (whether financial, performance, or special) must be reviewed and approved (as applicable) prior to submission. This will be evidenced by either physical signatures or electronic timestamps of approval. 7. Copies of submitted reports with preparer and reviewer signatures and data will be filed with supporting documentation and any follow-up correspondence from the grantor or pass-through agency. Copies of all such reports will be made available to administration, auditors, and pass-through or grantor agencies, as requested. Uniform Guidance Compliance Supplement – Subrecipient Monitoring Source of Governing Requirements – The requirements for subrecipient monitoring are contained in 31 USC 7502(f)(2)(B) (Single Audit Act Amendments of 1996 (Pub. L. No. 104-156)), Uniform Guidance, program legislation, 2 CFR parts 25 and 170, and 48 CFR parts 4, 42, and 52 Federal awarding agency regulations, and the terms and conditions of the award. The Pittsylvania County will review and oversee subrecipient activity and obtain a copy of their single audit. Additionally, Pittsylvania County will evaluate the subrecipient’s risk of noncompliance with Federal statutes, regulations, and the terms and conditions of the subaward for purposes of determining the appropriate monitoring procedures as required by the Uniform Guidance Title 2 CFR 200.331. Other oversight processes and procedures will be established on a case by case basis, dependent on grant requirements and the level of activity of the subrecipient. Uniform Guidance Compliance Supplement - Special Tests and Provisions Source of Governing Requirements – The laws, regulations, and the provisions of contract or grant agreements pertaining to the program. Additional Policies and Procedures. The following policies and procedures will also be applied: In order to ensure compliance with these requirements, Pittsylvania County has implemented the following policies and procedures: The Program Director will be assigned the responsibility for identifying compliance requirements for special tests and provisions, determining approved methods for compliance, and retaining any necessary documentation. 12.a.a Packet Pg. 203 Attachment: Federal Grant Administration Policy.2018 (1388 : Approval of Federal Grant Administration Policy and Conflict of Interest Policy) Federal Awards Administration (continued) Uniform Guidance– Federal Program Travel Costs Pittsylvania County shall reimburse administrative, professional, and support employees, and officials, for travel costs incurred in the course of performing services related to official business as a federal grant recipient. For the purposes of this policy, travel costs shall mean the expenses for transportation, lodging, subsistence, and related items incurred by employees who are in travel status on official business as a federal grant recipient. Employees shall comply with the applicable Pittsylvania County policies and administrative regulations established for reimbursement of travel and other expenses. The validity of payments for travel costs for all employees shall be determined by the Program Director. Travel costs shall be reimbursed on a mileage basis for travel using an employee’s personal vehicle and on an actual cost basis for meals, lodging and other allowable expenses, consistent with those normally allowed in like circumstances in the Pittsylvania County’s nonfederally funded activities, and in accordance with the Pittsylvania County’s travel reimbursement policies and administrative regulations. Mileage reimbursements shall be at the rate approved by Administration for other Pittsylvania County travel reimbursements. Actual costs for meals, lodging and other allowable expenses shall be reimbursed only to the extent they are reasonable and do not exceed the per diem limits established by the Board of Supervisors. If travel reimbursement costs are charged directly to a federal award, documentation must be maintained that justifies that (1) participation of the individual is necessary to the federal award, and (2) the costs are reasonable and consistent with the Locality’s/Organization’s established policy. Policy effective date: 12.a.a Packet Pg. 204 Attachment: Federal Grant Administration Policy.2018 (1388 : Approval of Federal Grant Administration Policy and Conflict of Interest Policy) Conflict of Interest Policy Conflicts of Interest This policy shall affirm standards of conduct established to ensure that Board members and employees avoid potential and actual conflicts of interest, as well as the perception of a conflict of interest. Confidential information shall mean information not obtainable from reviewing a public document or from making inquiry to a publicly available source of information. Conflict or Conflict of interest shall mean use by a Board member or employee of the authority of his/her office or employment, or any confidential information received through his/her holding public office or employment, for the private pecuniary benefit of him/herself, a member of his/her immediate family or a business with which s/he or a member of his/her immediate family is associated. The term does not include an action having a de minimis economic impact, or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the Board member or employee, a member of his/her immediate family or a business with which s/he or a member of his/her immediate family is associated. Apparent Conflict of Interest shall mean a situation in which a reasonable person would perceive that a decision-maker’s (Board member or employee) judgment is likely to be compromised. De minimis economic impact shall mean an economic consequence which has an insignificant effect. Financial interest shall mean any financial interest in a legal entity engaged in business for profit which comprises more than five percent (5%) of the equity of the business or more than five percent (5%) of the assets of the economic interest in indebtedness. Honorarium shall mean payment made in recognition of published works, appearances, speeches and presentations, and which is not intended as consideration for the value of such services which are nonpublic occupational or professional in nature. The term does not include tokens presented or provided which are of de minimis economic impact. Immediate family shall mean a parent, parent-in-law, spouse, child, spouse of a child, brother, brother-in-law, sister, sister-in-law, or the domestic partner of a parent, child, brother or sister. Business partner shall mean a person who, along with another person, plays a significant role in owning, managing, or creating a company in which both individuals have a financial interest in the company. 12.a.b Packet Pg. 205 Attachment: Conflict of Interest Policy.2018 (1388 : Approval of Federal Grant Administration Policy and Conflict of Interest Policy) Conflict of Interest Policy Each employee and Board member shall be responsible to maintain standards of conduct that avoid conflicts of interest. The Board prohibits members of the Board and employees from engaging in conduct that constitutes a conflict of interest as outlined in this policy. All Board members and employees shall be provided with a copy of this policy and acknowledge in writing that they have been made aware of it. Additional training shall be provided to designated individuals. Disclosure of Financial Interests No Board member shall be allowed to take the oath of office or enter or continue upon his/her duties, nor shall s/he receive compensation from public funds, unless s/he has filed a statement of financial interests as required by law. Standards of Conduct (This section specifically addresses requirements of 2 CFR § 200.318) Pittsylvania County maintains the following standards of conduct covering conflicts of interest and governing the actions of its employees and Board members engaged in the selection, award and administration of contracts. No employee or Board member may participate in the selection, award or administration of a contract supported by a federal award if s/he has a real or apparent conflict of interest as defined above, as well as any other circumstance in which the employee, Board member, any member of his/her immediate family, his/her business partner, or an organization which employs or is about to employ any of them, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. Pittsylvania County shall not enter into any contract with a Board member or employee, or his/her spouse or child, or any business in which the person or his/her spouse or child is associated valued at $500 or more, nor in which the person or spouse or child or business with which associated is a subcontractor unless the Board has determined it is in the best interests of the Pittsylvania County to do so, and the contract has been awarded through an open and public process, including prior public notice and subsequent public disclosure of all proposals considered and contracts awarded. In such a case, the Board member or employee shall not have any supervisory or overall responsibility for the implementation or administration of the contract. When advertised formal bidding is not required or used, an open and public process shall include at a minimum: 1. Public notice of the intent to contract for goods or services; 2. A reasonable amount of time for potential contractors to consider whether to offer quotes; and 3. Post-award public disclosure of who made bids or quotes and who was chosen. 12.a.b Packet Pg. 206 Attachment: Conflict of Interest Policy.2018 (1388 : Approval of Federal Grant Administration Policy and Conflict of Interest Policy) Conflict of Interest Policy Any Board member or employee who in the discharge of his/her official duties would be required to vote on a matter that would result in a conflict of interest shall abstain from voting and, prior to the vote being taken, publicly announce and disclose the nature of his/her interest as a public record. No public official or public employee shall accept an honorarium. Board members and employees may neither solicit nor accept gratuities, favors or anything of monetary value from contractors or parties to subcontracts, unless the gift is an unsolicited item of nominal value. Gifts of a nominal value may be accepted in accordance with Board policy. Improper Influence No person shall offer or give to a Board member, employee or nominee or candidate for the Board, or a member of his/her immediate family or a business with which s/he is associated, anything of monetary value, including a gift, loan, political contribution, reward or promise of future employment based on the offeror's or donor's understanding that the vote, official action or judgment of the Board member, employee or nominee or candidate for the Board would be influenced thereby. No Board member, employee or nominee or candidate for the Board shall solicit or accept anything of monetary value, including a gift, loan, political contribution, reward or promise of future employment, based on any understanding of that Board member, employee or nominee or candidate that the vote, official action or judgment of the Board member, employee or nominee or candidate for the Board would be influenced thereby. Organizational Conflicts (This section specifically addresses requirements of 2 CFR §200.318) Organizational conflicts of interest may exist when due to the Pittsylvania County’s relationship with a subsidiary, affiliated or parent organization that is a candidate for award of a contract in connection with federally funded activities, Pittsylvania County may be unable or appear to be unable to be impartial in conducting a procurement action involving a related organization. In the event of a potential organizational conflict, the potential conflict shall be reviewed by the County Administrator or designee to determine whether it is likely that Pittsylvania County would be unable or appear to be unable to be impartial in making the award. If such likelihood exists, this shall not disqualify the related organization; however, the following measures shall be applied: 1. The organizational relationship shall be disclosed as part of any notices to potential contractors; 2. Any Pittsylvania County employees or officials directly involved in the activities of the related organization are excluded from the selection and award process; 3. A competitive bid, quote or other basis of valuation is considered; and 4. The Board has determined that contracting with the related organization is in the best interests of the program involved. 12.a.b Packet Pg. 207 Attachment: Conflict of Interest Policy.2018 (1388 : Approval of Federal Grant Administration Policy and Conflict of Interest Policy) Conflict of Interest Policy Reporting Any perceived conflict of interest that is detected or suspected by any employee or third party shall be reported to the County Administrator. If the County Administrator/Finance Director/Superintendent is the subject of the perceived conflict of interest, the employee or third party shall report the incident to the Board Chairperson. Any perceived conflict of interest of a Board member that is detected or suspected by any employee or third party shall be reported to the Board Chairperson. If the Board Chairperson is the subject of the perceived conflict of interest, the employee or third party shall report the incident to the County Administrator, who shall report the incident to the solicitor. No reprisals or retaliation shall occur as a result of good faith reports of conflicts of interest. Investigation Investigations based on reports of perceived violations of this policy shall comply with state and federal laws and regulations. No person sharing in the potential conflict of interest being investigated shall be involved in conducting the investigation or reviewing its results. In the event an investigation determines that a violation of this policy has occurred, the violation shall be reported to the federal awarding agency in accordance with that agency’s policies. Disciplinary Actions If an investigation results in a finding that the complaint is factual and constitutes a violation of this policy, Pittsylvania County shall take prompt, corrective action to ensure that such conduct ceases and will not recur. Pittsylvania County staff shall document the corrective action taken and, when not prohibited by law, inform the complainant. Violations of this policy may result in disciplinary action up to and including discharge, fines and possible imprisonment. Disciplinary actions shall be consistent with Board policies, procedures, applicable collective bargaining agreements and state and federal laws. Policy effective date: 12.a.b Packet Pg. 208 Attachment: Conflict of Interest Policy.2018 (1388 : Approval of Federal Grant Administration Policy and Conflict of Interest Policy) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Appropriation of the Tobacco Grant - SVMP Feasibility Study (Staff Contact: Gregory L. Sides) Staff Contact(s): Gregory L. Sides Agenda Date: November 20, 2018 Item Number: 12.b Attachment(s): Reviewed By: SUMMARY: The County recently received a Grant in the amount of $140,000 from the Tobacco Commission for the Southern Virginia Multimodal Park (“SVMP”) Feasibility Study (the “Study”). The County has received these funds and the Study has already been completed by Dewberry. Additional costs have been incurred over the original allotted amount. The Tobacco Commission will be reviewing these costs and may be sending the County an Invoice for the difference that is owed. To date, the County has only paid Dewberry the original agreed upon amount. FINANCIAL IMPACT AND FUNDING SOURCE: This Grant does not require a local match, but must be appropriated in order to cover the costs incurred by Dewberry for the Study. RECOMMENDATION: County Staff recommends that the Tobacco Grant funds received by the County ($140,000) for the SVMP Study be appropriated to the County’s Industrial Development Fund. MOTION: “I make a Motion authorizing the appropriation of $140,000 for the SVMP Study and authorize the Finance Director to increase this appropriation to cover any additional costs approved and paid for by the Tobacco Commission.” 12.b Packet Pg. 209 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Danville Regional Foundation Grant Appropriation; Sheriff's Salary Study and Library Study (Staff Contact: Gregory L. Sides) Staff Contact(s): Gregory L. Sides Agenda Date: November 20, 2018 Item Number: 12.c Attachment(s): Danville Regional Foundation Letter of Agreement Library Feasibility Study Reviewed By: SUMMARY: The County Sheriff’s Office and the County Library have both received Grant funding from the Danville Regional Foundation (“DRF”). The Sheriff received notification that DRF has granted a total of $6,000 to offset the cost of a Classification and Compensation Study. The Library has also received notification that DRF has granted a total of $15,425 to offset the cost of conducting a Feasibility Study for future library expansion. FINANCIAL IMPACT AND FUNDING SOURCE: There is a fifty percent (50%) local match for both of these Grants. The estimated Sheriff’s Classification and Compensation Study is $12,000. The estimated cost of the Library Feasibility Study is $30,850. The local match for both of these Grants will come from local funds remaining in the Grants Fund from completed Grant Projects. RECOMMENDATION: County Staff recommends the Board accept the DRF Grants in the amount of $6,000 for the Sheriff and $15,425 for the Library, and appropriate these amounts along with the remaining $6,000 of local funds for the Sheriff and $15,425 of local funds for the Library from funds already existing in the Grants Fund from completed Grant Projects. MOTION: “I make a Motion to accept the DRF Grants in the amount of $6,000 for the Sheriff and $15,425 for the Library, and appropriate this amount, along with the remaining $21,425 from local funds already existing in the Grants Fund from completed Grant Projects.” 12.c Packet Pg. 210 12.c.a Packet Pg. 211 Attachment: Danville Regional Foundation Letter of Agreement (1370 : Danville Regional Foundation Grant Appropriation-Sheriff Salary Study 12.c.a Packet Pg. 212 Attachment: Danville Regional Foundation Letter of Agreement (1370 : Danville Regional Foundation Grant Appropriation-Sheriff Salary Study 12.c.a Packet Pg. 213 Attachment: Danville Regional Foundation Letter of Agreement (1370 : Danville Regional Foundation Grant Appropriation-Sheriff Salary Study 12.c.a Packet Pg. 214 Attachment: Danville Regional Foundation Letter of Agreement (1370 : Danville Regional Foundation Grant Appropriation-Sheriff Salary Study 12.c.a Packet Pg. 215 Attachment: Danville Regional Foundation Letter of Agreement (1370 : Danville Regional Foundation Grant Appropriation-Sheriff Salary Study 12.c.a Packet Pg. 216 Attachment: Danville Regional Foundation Letter of Agreement (1370 : Danville Regional Foundation Grant Appropriation-Sheriff Salary Study 12.c.a Packet Pg. 217 Attachment: Danville Regional Foundation Letter of Agreement (1370 : Danville Regional Foundation Grant Appropriation-Sheriff Salary Study 12.c.b Packet Pg. 218 Attachment: Library Feasibility Study (1370 : Danville Regional Foundation Grant Appropriation-Sheriff Salary Study and Library Study) 12.c.b Packet Pg. 219 Attachment: Library Feasibility Study (1370 : Danville Regional Foundation Grant Appropriation-Sheriff Salary Study and Library Study) 12.c.b Packet Pg. 220 Attachment: Library Feasibility Study (1370 : Danville Regional Foundation Grant Appropriation-Sheriff Salary Study and Library Study) 12.c.b Packet Pg. 221 Attachment: Library Feasibility Study (1370 : Danville Regional Foundation Grant Appropriation-Sheriff Salary Study and Library Study) 12.c.b Packet Pg. 222 Attachment: Library Feasibility Study (1370 : Danville Regional Foundation Grant Appropriation-Sheriff Salary Study and Library Study) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Health Department Carryover (Staff Contact: David M. Smitherman) Staff Contact(s): David M. Smitherman Agenda Date: November 20, 2018 Item Number: 12.d Attachment(s): Health Department Reviewed By: SUMMARY: Attached is a letter from the Pittsylvania County Health Department requesting permission to retain local monies remaining at June 30, 2018. The amount requested of $61,827.27 would be used to assist the Health Department in providing services for the local population as well as to provide influenza and Zoster (shingles) vaccines for minimal cost or free in specific situations. FINANCIAL IMPACT AND FUNDING SOURCE: These funds were expended out of the County’s FY 18 Budget, so no additional funds are required for this request. The Health Department is seeking permission to not return these funds to the County coffers, but to retain them to be used in FY 19 as outlined in their letter of request. RECOMMENDATION: The County Administrator recommends that the Board deny the Health Department’s request to retain FY 18 funds in the amount of $61,827.27 for FY 19 usage. MOTION: “I make a Motion to deny the Health Department’s request to retain FY 18 funds in the amount of $61,827.27 for FY 19 usage.” 12.d Packet Pg. 223 12.d.a Packet Pg. 224 Attachment: Health Department (1389 : Health Department Carryover) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: New Open Space Land Use Agreement for 2019 (Staff Contact: J. Vaden Hunt, Esq.) Staff Contact(s): J. Vaden Hunt, Esq. Agenda Date: November 20, 2018 Item Number: 12.e Attachment(s): New Open Space Land Use Agreement for 2019 - Jimmy and Amie Blanks Reviewed By: SUMMARY: Attached is a request for a new Open Space Agreement for 2019 for Jimmy and Amie Blanks for parcel 3504-85-3596, 36.30 acres of the 121.00 acres now enrolled with the Environmental Quality Incentives Program, administered by the USDA’s Natural Resources Conservation Service. FINANCIAL IMPACT AND FUNDING SOURCE: If the Agreement is granted, as confirmed by the Honorable Shirley Hammock, the County’s Commissioner of the Revenue, the current deferment is $1,155.68, and the new open space deferment will be $998.20. This is a net gain for the County in the amount of $157.48 annually. RECOMMENDATION: County Staff recommends the Board approve the Open Space Agreement for 2019 for Jimmy and Amie Blanks, and authorize the County Administrator to sign any necessary related documentation. MOTION: “I make a Motion to approve the Open Space Agreement for 2019 for Jimmy and Amie Blanks, and authorize the County Administrator to sign any necessary related documentation.” 12.e Packet Pg. 225 12.e.a Packet Pg. 226 Attachment: New Open Space Land Use Agreement for 2019 - Jimmy and Amie Blanks (1373 : New Open Space Land Use Agreement for 2019) 12.e.a Packet Pg. 227 Attachment: New Open Space Land Use Agreement for 2019 - Jimmy and Amie Blanks (1373 : New Open Space Land Use Agreement for 2019) 12.e.a Packet Pg. 228 Attachment: New Open Space Land Use Agreement for 2019 - Jimmy and Amie Blanks (1373 : New Open Space Land Use Agreement for 2019) 12.e.a Packet Pg. 229 Attachment: New Open Space Land Use Agreement for 2019 - Jimmy and Amie Blanks (1373 : New Open Space Land Use Agreement for 2019) 12.e.a Packet Pg. 230 Attachment: New Open Space Land Use Agreement for 2019 - Jimmy and Amie Blanks (1373 : New Open Space Land Use Agreement for 2019) 12.e.a Packet Pg. 231 Attachment: New Open Space Land Use Agreement for 2019 - Jimmy and Amie Blanks (1373 : New Open Space Land Use Agreement for 2019) 12.e.a Packet Pg. 232 Attachment: New Open Space Land Use Agreement for 2019 - Jimmy and Amie Blanks (1373 : New Open Space Land Use Agreement for 2019) 12.e.a Packet Pg. 233 Attachment: New Open Space Land Use Agreement for 2019 - Jimmy and Amie Blanks (1373 : New Open Space Land Use Agreement for 2019) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Meals Tax Refund Request for Mountain Food Services, LLC (Staff Contact: J. Vaden Hunt, Esq.) Staff Contact(s): J.Vaden Hunt, Esq. Agenda Date: November 20, 2018 Item Number: 12.f Attachment(s): Meals Tax Refund Request for Mountain Food Services LLC Reviewed By: SUMMARY: For several years, Mountain Food Services, LLC, over reported their gross receipt amounts and paid meals tax on these amounts. They have provided the County’s Commissioner of the Revenue with corrected figures for all years in question. Pursuant to Pittsylvania County Code § 6-6.2, Refund of Local Taxes Assessed and Paid in Error, Mountain Food Services, LLC, is due and owing a meals tax overpayment refund. FINANCIAL IMPACT AND FUNDING SOURCE: The Honorable Vincent Shorter determined that Mountain Food Services, LLC, did not qualify for interest payment on their refund, so the total meals tax overpayment refund amount would be $30,922.34. RECOMMENDATION: Following consultation with both the County’s Commissioner of Revenue and Treasurer, County Staff recommends the Board to approve the refund of $30,922.34 to Mountain Food Services, LLC, due to meals tax overpayment, and authorize the County Administrator to sign any and all related necessary documentation. MOTION: “I make a Motion to approve the refund of $30,922.34 to Mountain Food Services, LLC, due to meals tax overpayment, and authorize the County Administrator to sign any and all related necessary documentation.” 12.f Packet Pg. 234 12.f.a Packet Pg. 235 Attachment: Meals Tax Refund Request for Mountain Food Services LLC (1374 : Meals Tax Refund Request for Mountain Food Services LLC) 12.f.a Packet Pg. 236 Attachment: Meals Tax Refund Request for Mountain Food Services LLC (1374 : Meals Tax Refund Request for Mountain Food Services LLC) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Award of Pay and Classification Study for Sheriff's Department (Staff Contact: Holly E. Stanfield) Staff Contact(s): Holly E. Stanfield Agenda Date: November 20, 2018 Item Number: 12.g Attachment(s): Reviewed By: SUMMARY: At the Board’s July 25, 2018 Personnel Committee Meeting, there was discussion to address salary compression issues within the County Sheriff’s Department. The County received a quote from Springsted, Inc., in the amount of $12,000. Springsted completed the County’s previous Salary Study in 2017. The Personnel Committee requested County Staff to check locally for Grants to cover the cost of this Study. The Sheriff was able to find Grant money in the amount of $6,000 from the Danville Regional Foundation. Appropriation and acceptance of said money is on the Board’s November Business Meeting. FINANCIAL IMPACT AND FUNDING SOURCE: The total cost of the Sheriff’s Classification and Compensation Study is $12,000. Sheriff Taylor has secured a local Grant that will cover fifty percent (50%) of the total cost. The remaining cost for the Study will come from local funds remaining in the Grants Fund from completed Grant Projects. If there are additional costs in excess of $12,000, they will be paid from the Sheriff’s Budget. RECOMMENDATION: County Staff recommends the Board award the Classification and Compensation S tudy to Springsted, Inc., and allow the current contract to be amended to include the Sheriff’s Department, with the understanding that the Sheriff’s Department actively participate in discussions concerning adopting the County’s Personnel Plan upon completion and implementation of said Study. MOTION: “I make a Motion to award the Classification and Compensation Study to Springsted Inc., and allow the current contract to be amended to include the Sheriff Department’s Classification and Compensation Study.” 12.g Packet Pg. 237 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Appointment: Pittsylvania County Service Authority; Coy Harville (Contact: Supervisor Scearce) Staff Contact(s): Supervisor Scearce Agenda Date: November 20, 2018 Item Number: 13.a Attachment(s): Reviewed By: SUMMARY: Coy Harville currently serves on the Pittsylvania County Service Authority (“PCSA”). Mr. Harville’s term will expire on December 31, 2018. He is eligible for another four (4)-year term, which will begin on January 1, 2019. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: Westover District Supervisor Scearce recommends the reappointment of Mr, Harville to the PCSA for a four (4)-year term starting on January 1, 2019. MOTION: “I make a Motion to reappoint Mr. Harville to the PCSA for a four (4)-year term starting on January 1, 2019.” 13.a Packet Pg. 238 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Appointment: Pittsylvania Soil and Water Conservation District Board of Directors; Tom Keatts (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: November 20, 2018 Item Number: 13.b Attachment(s): Reviewed By: SUMMARY: Tom Keatts currently serves on the Pittsylvania Soil and Water Conservation District Board of Directors and his term is set to expire on December 31, 2018. Mr. Keatts is eligible for another four (4)-year term beginning on January 1, 2019. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the reappointment of Mr. Keatts to the Pittsylvania Soil and Water Conservation District Board of Directors for a four (4)-year term beginning on January 1, 2019. MOTION: “I make a Motion to reappoint Mr. Keatts to the Pittsylvania Soil and Water Conservation District Board of Directors for a four (4)-year term beginning on January 1, 2019. 13.b Packet Pg. 239 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Appointment: Ratification of TLAC's Election of its Leesville Lake Associate Representative; Dave Rives (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: November 20, 2018 Item Number: 13.c Attachment(s): 10-13-18 TLAC Minutes Reviewed By: SUMMARY: Tri-County Lake Administrative Commission’s (“TLAC”) appointments are for a one (1)-year term, beginning January 1, 2019. TLAC recently elected Dave Rives its new president for the 2019 year. Attached is a copy of Meeting Minutes showing where Mr. Rives was voted by TLAC members to represent it on the Leesville Lake Association. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board ratify TLAC’s appointment of Mr. Rives to serve as its Leesville Lake Association Representative for a one (1)-year term beginning on January 1, 2018. MOTION: “I make a Motion to ratifying TLAC’s appointment of Mr. Rivers as its Leesville Lake Association Representative for a one (1)-year term beginning on January 1, 2018.” 13.c Packet Pg. 240 Minutes of General Members Meeting, Leesville Lake Association, October 13, 2018, Altavista Train Station Call to order: 10:06 a.m. by President, Dave Rives Present: Richard Beaton, J. W. Burton, Phyllis, Garlick, Tracy Pauley, Dave Rives, Jim Weiss, and Chip Zimmerman Absent: Tony Capuco, Gerry Caprario, Mary Loiselle, Frank Podrebarac, Dannie Smith Members Present: 10 members were present. Quorum: Yes Agenda: D. Rives asked for a motion to approve the agenda as written for the October 13, 2018 General Members meeting. Motion: T. Pauley made a motion to approve the agenda. Jim Weiss seconded. All approved. Introductions: Dave Rives introduced himself as the newly elected President of the Leesville Lake Association. All Board members gave a brief intro and all members introduced themselves. Treasurer’s Report: M. Loiselle emailed the Treasurer reports to the Board Members. In her absence, D. Rives reported that 213 out of 317 members have paid their dues. Dave asked for a motion to approve the Treasurer’s reports as submitted. Motion: T. Pauley made the motion to approve the Treasurer’s Report as submitted. Anne Waterman seconded. All approved. Key Committee Reports: Safety: In Gerry Caprario’s absence, D. Rives informed the members that the Association purchased a pontoon to be used for Association purposes. Gerry has conducted 11 vessels safety checks and reported that all vessels passed. Gerry asked that members contact him to schedule a vessel safety check. Gerry volunteered to take over the replacement of a “NO WAKE” buoy at Old Woman’s Creek after being contacted by the DGIF. The Association now is responsible for that buoy. Gerry has also scheduled the Boater Safety Classes for 2019. They are being held the third Saturday in the months of March, April, and May. Navigational Aids: In Joe Humphrey’s absence, Tracy Pauley reported that the hazard markers have been approved by TLAC. Three (3) trial buoys will be installed on the Pittsylvania County side with 7 more to be installed once we see which style buoy works best for Leesville Lake. The Navigation Committee will now contact a manufacturer to construct the buoys. Water Quality: In Tony Capuco’s absence, Dave Waterman presented a report submitted by Tony. A summary of his report is attached to the minutes. Debris: Jim Weiss reported per a written report, that since the Debris Committee has been formed, there has been a great increase in AEP”s involvement and recognition of the debris on Leesville Lake. He stated that the contractor hired by AEP is not staying on the lake full time due to the debris from the storms and others for whom they have contracts. The Debris Committee is working on trying to get debris caught at the Pigg River. Members of the committee have been going out with the barge for inspections and reporting back to the committee. AEP is to supply the committee with a schedule of when the barge is out, where it is scheduled to go, where they go, and what they pick-up. Some of these requests have not been reported. AEP is aware and is working on supplying the committee with the appropriate information. Jim asks that the members keep the pressure on AEP to do more by continuing to send in their debris reports. The reports need to be reasonable, timely, and complete. Also, please remember to give credit to the crew for their work. For the record, there were many questions and comments for the members concerning debris. A summary of his report is attached to the minutes. 13.c.a Packet Pg. 241 Attachment: 10-13-18 TLAC Minutes (1376 : Appointment: Tri-County Lake Administrative Commission ("TLAC"); Dave Rives) TLAC Update: Tracy Pauley, TLAC representative for the Leesville Lake Association reported that the debris complaints went from 110 complaints all of last year to 185 complaints since January 2018. He stated that AEP is reporting that they have removed 1600 tons of debris this year. That does not include what we collected on Beautification Day. Business: TLAC Representative for 2019 Tracy Pauley explained to the members that the bylaws state the TLAC representative can be an association member. He asked if there were any nominations from the floor. There were no nominations from the floor. Motion: Tracy Pauley nominated Dave Rives as the Leesville Lake Representative to TLAC for the 2019 term. Jim Weiss seconded. Dave Rives accepted the position. All approved. Motion carried. Q & A and Membership Appeal: Dave stated that there is a real need for a Membership Chair and asked the members to please consider volunteering for the position and for volunteers for any of the other committees. Comments: J. W. Burton, referring to the communication and AEP involvement, stated that he has never seen better results since being on the lake than in the last two years. Tracy stated that he had a sign-up sheet for members who would like to volunteer for any committees. Member Meeting Adjourn: Motion: J. W. Burton made a motion to adjourn the member meeting. Richard Beaton seconded. All approved. 13.c.a Packet Pg. 242 Attachment: 10-13-18 TLAC Minutes (1376 : Appointment: Tri-County Lake Administrative Commission ("TLAC"); Dave Rives) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Appointment: Library Study Advisory Committee (Staff Contact: Lisa W. Tuite) Staff Contact(s): Lisa W. Tuite Agenda Date: November 20, 2018 Item Number: 13.d Attachment(s): Reviewed By: SUMMARY: At the August Business Meeting, the Board approved a Resolution calling for a Feasibility Study of library’s potential expansion plan and the appointment of a Library Advisory Committee to assist in the said Study. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board appoint the following individuals to the Library Advisory Committee: • Lisa Tuite, Director of the Pittsylvania County Public Library, Core Team Member • Alice Shelton, President of the Library Board, Core Team Member • Teresa Petty, Pittsylvania County Schools, Core Team Member • Jessie Barksdale, citizen, Core Team Member, Banister District • Shannon S. Stoler, citizen, Core Team Member, Dan River District • Martha Walker, citizen, Core Team Member, Dan River District • Angela Wells, Smart Beginnings, Core Team Member • Janie Davis, Citizen, Mt. Airy, Banister District • Phyllis Roach, Library Board member, Literacy Program Director, Staunton River District • Katherlene Carter, Citizen, Banister District MOTION: “I make a Motion to appoint the above-individuals to the Library Advisory Committee as presented.” 13.d Packet Pg. 243 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body. (Staff Contact: David M. Smitherman) Staff Contact(s): David M. Smitherman Agenda Date: November 20, 2018 Item Number: 17.a Attachment(s): Reviewed By: (1) Legal Authority: Virginia Code § 2.2-3711(A)(1) Subject Matter: County Administrator Purpose: Discussion of a Potential New Employment Agreement 17.a Packet Pg. 244 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Closed Session Certification Staff Contact(s): Kaylyn M. McCluster Agenda Date: November 20, 2018 Item Number: 18.a Attachment(s): Reviewed By: PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors on November 20, 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 (the “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. “Bob” Warren Yes/No 18.a Packet Pg. 245