The URL can be used to link to this page

01-27-2020 Business Meeting Packet BOARD OF SUPERVISORS BUSINESS MEETING Monday, January 27, 2020 – 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 Approval (Staff Contact: Kaylyn M. McCluster) b. CPMT, SR RIFA, and DPC RIFA Appointments Ratification (Staff Contact: Kaylyn M. McCluster) c. Resolution # 2020-01-01 Adoption (Equal Taxing Authority for Counties); (Staff Contact: Kaylyn M. McCluster) d. Resolution # 2020-01-02 Adoption (Equal Taxing Authority for School Boards); (Staff Contact: Kaylyn M. McCluster) e. VDOT Wayside Park Grant Acceptance (Staff Contact: Mark W. Moore) f. County Owned Property Upon Employment Separation Policy Adoption (Staff Contact: Kaylyn M. McCluster) g. Personnel Changes Approval (Staff Contact: David M. Smitherman) h. Cooperative Agreement Approval (Staff Contact: Holly E. Stanfield) 8. PRESENTATIONS Business Meeting - January 27, 2020 a. Appreciation Plaque Presentation (Supervisor Davis); (Contact: Board of Supervisors) b. Walkway of Honor Donation Request Presentation (Presenter: Joyce French) 9. HEARING OF THE CITIZENS 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. 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 time, 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: PCC Chapter 2 (Animals and Fowl) Revisions (Staff Contact: James P. McLaughlin) 11. NEW BUSINESS a. Mid-Year Budget Adjustments Approval (Staff Contact: Kimberly G. Van Der Hyde) b. Work Force Investment Board Grant Appropriation (Staff Contact: Kimberly G. Van Der Hyde) 12. APPOINTMENTS a. Planning Commission Appointment (Nathan Harker); (Supervisor Dudley) b. DSS Board Appointment (Bob Carlberg); (Supervisor Dudley) c. CPMT Alternate Appointment (David Gusler); (Staff Contact: Cheryl J. Boswell) 13. MATTERS FROM WORK SESSION (IF ANY) Business Meeting - January 27, 2020 14. BOARD MEMBER REPORTS 15. COUNTY ADMINISTRATOR REPORTS 16. ADJOURNMENT Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Minutes Approval (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: January 27, 2020 Item Number: 7.a Attachment(s): 12-17-2019 Work Session Minutes - DRAFT 12-17-2019 Business Meeting Minutes - DRAFT 01-02-2020 Reorganizational Meeting - DRAFT 01-13-2020 Economic Development Committee Meeting - DRAFT Reviewed By: 7.a Packet Pg. 4 December 17, 2019 Work Session Pittsylvania County Board of Supervisors Work Session December 17, 2019 VIRGINIA: The Work Session of the Pittsylvania County Board of Supervisors was held on December 17, 2019, in the Main Conference Room, County Administration Building, Chatham, Virginia 24531. Chairman, Dan River District, Joe B. Davis, 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 Joe B. Davis Chairman - Dan River District Present 4:32 PM Charles H. Miller Vice Chairman - Banister District Present 4:28 PM Tim R. Barber Supervisor - Tunstall District Present 4:27 PM Elton W. Blackstock Supervisor - Staunton River District Present 4:29 PM Ben L. Farmer Supervisor - Callands-Gretna District Present 4:31 PM Ronald S. Scearce Supervisor - Westover District Present 4:27 PM Robert W. "Bob" Warren Supervisor - Chatham-Blairs District Present 4:27 PM AGENDA ITEMS TO BE ADDED Motion to add Discussion of Fire and Rescue Commission Stipend as item 6(e). RESULT: ADOPTED [UNANIMOUS] MOVER: Ronald S. Scearce, Supervisor - Westover District SECONDER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Elton W. Blackstock, Supervisor - Staunton River District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren PRESENTATIONS a. 2019 Financial Statement Report Presentation (Robinson, Farmer, Cox & Associates); (Staff Contact: Kimberly G. Van Der Hyde); (30 minutes) Scott Wickham gave the 2019 Financial Statement Report Presentation to the Board. The full report is available on the County's website. b. VDOT Update (Presenter: Jay Craddock); (20 minutes) Mr. Craddock briefed the Board on new bridge weight restrictions throughout the County. He 7.a.a Packet Pg. 5 Attachment: 12-17-2019 Work Session Minutes - DRAFT (1913 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors December 17, 2019 Work Session stated the following twenty (20) bridges throughout the County that are affected by the new restrictions: STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS a. Silver Creek No-Through Trucks Discussion (Supervisor Scearce); (15 minutes) Mr. Scearce stated there was an accident a few months ago on Silver Creek Road that almost cost a life. He requested a study be done by VDOT to make it a “No Through Trucks” designation. Mr. Craddock did confirm that he has a five (5) page report that was sent out regarding a traffic count conducted on that road, and that VDOT determined the “No Through Trucks” designation was not warranted due to low traffic flow. The Board can hold a Public Hearing on this item and then make a formal request to VDOT. b. Sheriff Off-Duty Management Update (Staff Contact: Kimberly G. Van Der Hyde); (20 minutes) Mrs. Van Der Hyde stated it would only cost the County $5,734 if the County covers the fee for the off-duty management and the payment of this fee will come out of the Sheriff’s FICA account and will end up being net neutral. The Sheriff’s solicited this service and agrees with having this service. c. Broadband Survey Update (Staff Contact: R. Scott Budd); (15 minutes) Mr. Budd gave an update on the Broadband Initiative. There was a survey sent out through each of the County schools, one (1) for every child in the schools, to receive feedback from citizens on their internet needs, but there have only been 391 responses County-wide. Mr. Budd encouraged the Board to encourage their constituents to complete the survey and help spread the word to get these responses in. 7.a.a Packet Pg. 6 Attachment: 12-17-2019 Work Session Minutes - DRAFT (1913 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors December 17, 2019 Work Session d. Committee Reports (Legislative Committee); (Staff Contact: J. Vaden Hunt, Esq.); (5 minutes) Mr. Hunt briefed the Board on the Legislative Committee’s December 4, 2019, Meeting. The Legislative Committee unanimously recommended to the full BOS revisions to PCC Chapter 2 (Animals and Fowls). Per Mr. McLaughlin, the Code changes are minor and primarily designed to bring the County’s Ordinance into compliance with recent related changes to the Code of Virginia. The Legislative Committee took no action on the presented potential County Solar Ordinance revisions stating that they support the current County’s Solar Ordinance. The Committee Members unanimously recommended the 2020 Legislative Priorities List to the full BOS as follows: 1. Cherrystone and Roaring Fork Dam Rehabilitation Funding 2. Repurposing CPMT Fine for Victory Academy Use 3. Counties’ Ability to Tax same as Cities and Towns 4. Increase in Localities Ability to Tax Solar Projects 5. 1% County Sales Tax Increase for School Infrastructure Funding 6. VIR RIFA (seek alternative revenue sources to assist VIR with infrastructure needs) 7. No Erosion of Second Amendment Rights 8. Support Local Choice in Acceptance of Refugees from State 9. Increase in Rural Rustic Road Program Funding from State e. Discussion of Fire and Rescue Commission Stipend Mr. Scearce stated he feels it is the right thing to do to compensate the Fire and Rescue Commission with a stipend in appreciation of the hard work they have set before them. Mr. Warren suggested County Staff work with the Finance Committee on this matter. Mr. Farmer stated he somewhat disagreed with this because there are firefighters and such that are going out and fighting the fires on a volunteer basis, and the Commission Members would be getting paid. However, he agreed that it does need to be looked into and discussed in the future. BUSINESS MEETING DISCUSSION ITEMS ADJOURNMENT Mr. Davis adjourned the Meeting at 6:19 PM. 7.a.a Packet Pg. 7 Attachment: 12-17-2019 Work Session Minutes - DRAFT (1913 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) December 17, 2019 Business Meeting Pittsylvania County Board of Supervisors Business Meeting December 17, 2019 VIRGINIA: The Business Meeting of the Pittsylvania County Board of Supervisors was held on December 17, 2019, in the Pittsylvania County General District Courtroom, Edwin R. Shields Courthouse Addition, Chatham, Virginia 24531. Chairman, Joe B. Davis, 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 Joe B. Davis Chairman - Dan River District Present 6:56 PM Charles H. Miller Vice Chairman - Banister District Present 6:51 PM Tim R. Barber Supervisor - Tunstall District Present 6:55 PM Elton W. Blackstock Supervisor - Staunton River District Present 6:54 PM Ben L. Farmer Supervisor - Callands-Gretna District Present 6:55 PM Ronald S. Scearce Supervisor - Westover District Present 6:55 PM Robert W. "Bob" Warren Supervisor - Chatham-Blairs District Present 6:51 PM AGENDA ITEMS TO BE ADDED Motion to add the following items to the Business Meeting Agenda: (a) Adoption of Revised Resolution # 2019-12-04 (Support for Naming the North Chatham Bridge the Roy P. Byrd, Jr., Memorial Bridge) under Consent Agenda as Item 7(e); (b) Adoption of Resolution # 2019-12-06 (Resolution in Support of Legislation to Improve the Process for Review of Legislation with Local Fiscal Impact) under Consent Agenda as Item 7(l); (c) Adoption of Resolution # 2019-12-07 (Resolution in Support of Increasing Sales Tax to Fund School Capital Needs) under Consent Agenda as Item 7(m); (d) Approval of 2020 Legislative Priority List under Matters from Work Session as Item 14(a); (e) Approval of Authorization for Public Hearing on Revisions to Pittsylvania County Code Chapter 2 (Animals and Fowl) under Matters from Work Session as Item 14(b); (f) Approval of Fire and Rescue Commission Stipend under Matters from Work Session as Item 14(c); and (g) Approval of Silver Creek Potential No-Through Truck Restriction Public Hearing under Matters from Work Session as Item 14(d). 7.a.b Packet Pg. 8 Attachment: 12-17-2019 Business Meeting Minutes - DRAFT (1913 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors December 17, 2019 Business Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Ronald S. Scearce, Supervisor - Westover District SECONDER: Elton W. Blackstock, Supervisor - Staunton River District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren CONSENT AGENDA Motion to approve Consent Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren a. Minutes: November 19, 2019, Fire and Rescue Policies and Procedures Committee, Finance Committee, Solid Waste Committee, Work Session, Business Meeting; December 4, 2019, Personnel Committee, Legislative Committee (Staff Contact: Kaylyn M. McCluster) b. Resolution # 2019-12-01 Adoption (Blackstock); (Staff Contact: Kaylyn M. McCluster) c. Resolution # 2019-12-02 Adoption (Barber); (Staff Contact: Kaylyn M. McCluster) d. Resolution # 2019-12-03 Adoption (Dennis Carter) (Staff Contact: Kaylyn M. McCluster) e. Resolution # 2019-12-04 Adoption (Roy Byrd Chatham Bridge Naming Support); (Staff Contact: Kaylyn M. McCluster) f. Resolution # 2019-12-05 (Authorization of Equipment Sale); (Staff Contact: Kaylyn M. McCluster) g. IKEA Road Name Change to Morgan Olson Way Authorization (Staff Contact: David M. Smitherman) h. County/Realty Link Collaborative Economic Development Performance Grant Funds Usage MOU Approval (Staff Contact: Matthew D. Rowe) i. Morgan Olson RIFA Local Performance Agreement Approval (Staff Contact: Matthew D. Rowe) j. Jail Food and Food Supplies RFP Award (Staff Contact: Kimberly G. Van Der Hyde) 7.a.b Packet Pg. 9 Attachment: 12-17-2019 Business Meeting Minutes - DRAFT (1913 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors December 17, 2019 Business Meeting k. Gretna Walking Trail IFB Award (Staff Contact: Mark W. Moore) PRESENTATIONS a. Carter Resolution Presentation (Retirement); (Contact: Supervisor Blackstock) Supervisor Blackstock presented Dennis Carter, WSET Sports Broadcaster, with Resolution # 2019-12-03. b. Barber Resolution Presentation (Contact: Board of Supervisors) The Board presented the Honorable Tim R. Barber with Resolution # 2019-12-02. c. Blackstock Resolution Presentation (Contact: Board of Supervisors) The Board presented the Honorable Elton W. Blackstock with Resolution # 2019-12-01 d. Hammock Appreciation Presentation (Retirement); (Contact: Board of Supervisors) The Honorable Shirley Y. Hammock, Commissioner of the Revenue, was presented a Plaque of Appreciation in honor of her impending retirement recognizing her years of dedicated, exemplary, and loyal service to the County. e. McMahon Presentation (IDA); (Contact: Supervisor Scearce) Ronald McMahon’s wife was present to accept a Certificate of Appreciation for his service as the Westover District Representative on the County's Industrial Development Authority Board. f. Sides Presentation (Retirement); (Contact: Board of Supervisors) Gregory L. Sides, Assistant County Administrator, was presented a Certificate of Appreciation on the occasion of his impending retirement to honor and appreciate his years of dedicated and loyal service to the County. g. Blackstock RIFA Presentation (Contact: Fred O. Shanks, III) Fred O. Shanks, III, RIFA Chairman, presented a plaque to the Honorable Elton W. Blackstock and to Mr. Gregory L. Sides for their RIFA service. HEARING OF THE CITIZENS Dianne McMahon, Westover District, spoke on a project called "Walk of Honor". She respectfully requested the Board to support this project. PUBLIC HEARINGS Rezoning Public Hearings Case 1: Public Hearing: Rezoning Case R-19-033 ; Brenda Reagan and Mark Stevens; Dan River Election District, R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (Contact: Supervisor Davis) Mr. Davis opened the Public Hearing at 7:33 PM. Brandy Reagan and Mark Stevens were 7.a.b Packet Pg. 10 Attachment: 12-17-2019 Business Meeting Minutes - DRAFT (1913 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors December 17, 2019 Business Meeting present to represent the Petition. No one signed up to speak and Mr. Davis closed the Public Hearing at 7:37 PM. Motion to rezone 0.028 of an acre from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District, and 0.062 of an acre from A-1, Agricultural District, to R-1, Residential Suburban Subdivision District (to combine with the adjacent parcels; they are adjusting property lines). RESULT: APPROVED [UNANIMOUS] MOVER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District SECONDER: Ronald S. Scearce, Supervisor - Westover District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren Case 2: Public Hearing: Rezoning Case R-19-034, John and Mona Lewis; Dan River Election District, B-2, Business District, General to RC-1, Residential Combined Subdivision District (Contact: Supervisor Davis) Mr. Davis opened the Public Hearing at 7:40 PM. No one signed up to speak and Mr. Davis closed the Public Hearing at 7:41 PM. Motion to rezone 0.32 of an acre from B-2, Business District, General, to RC-1, Residential Combined Subdivision District (to allow for placement of a single-wide mobile home on the property). RESULT: APPROVED [UNANIMOUS] MOVER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District SECONDER: Charles H. Miller, Vice Chairman - Banister District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren UNFINISHED BUSINESS NEW BUSINESS APPOINTMENTS a. Appointment: Ratification of TLAC's Election of its Leesville Lake Associate Representative (Dave Rives); (Staff Contact: Kaylyn M. McCluster) Tri-County Lake Administrative Commission’s (“TLAC”) appointments are for a one (1)-year term, beginning January 1, 2020. TLAC recently reelected Dave Rives to a new term as its Leesville Lake Association Representative and appointed him as its new President for 2020. Motion to ratify TLAC’s appointment of Mr. Rives as its Leesville Lake Association Representative for a one (1)-year term beginning on January 1, 2020. 7.a.b Packet Pg. 11 Attachment: 12-17-2019 Business Meeting Minutes - DRAFT (1913 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors December 17, 2019 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District SECONDER: Tim R. Barber, Supervisor - Tunstall District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren MATTERS FROM WORK SESSION (IF ANY) a. Approval of 2020 Legislative Priority List Motion to adopt the 2020 Legislative Priority List as presented in the Work Session. RESULT: APPROVED [UNANIMOUS] MOVER: Tim R. Barber, Supervisor - Tunstall District SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren b. Approval of Authorization for Public Hearing on Revisions to Pittsylvania County Code Chapter 2 (Animals and Fowl) Motion to authorize a Public Hearing on Revisions to Pittsylvania County Code Chapter 2 (Animals and Fowl) as presented in the Work Session. RESULT: APPROVED [UNANIMOUS] MOVER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District SECONDER: Ronald S. Scearce, Supervisor - Westover District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren c. Fire and Rescue Commission Stipend Consideration Motion to refer this item to a future Finance Committee Meeting. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, Supervisor - Westover District SECONDER: Robert W. "Bob" Warren, Supervisor - Chatham-Blairs District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren d. Approval of Silver Creek Potential No-Through Truck Restriction Public Hearing Motion to authorize County Staff to advertise for a Public Hearing to designate Silver Creek road a "No Through Truck" area. 7.a.b Packet Pg. 12 Attachment: 12-17-2019 Business Meeting Minutes - DRAFT (1913 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors December 17, 2019 Business Meeting RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, Supervisor - Westover District SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District AYES: Davis, Miller, Barber, Blackstock, Farmer, Scearce, Warren BOARD MEMBER REPORTS Mr. Barber stated it was an honor and a pleasure to sit on the Board for 16 (sixteen) years and he thanked everyone for the years of support. Mr. Blackstock also stated it was an honor to serve the citizens of the County and the citizens of the Staunton River District. Mr. Farmer stated it was refreshing to see Mr. Shanks from the City of Danville at the Meeting, and he wanted to publicly thank Telly Tucker for his hard work and Mrs. Hammock for her hard work and service to the County. He also stated that he wanted to thank Sheriff Taylor for their efforts during the recent incident with the juvenile being on the run last week. Mr. Farmer thanked Mr. Barber and Mr. Blackstock for their service, as well as Mr. Sides. He wished everyone a Merry Christmas and a Happy New Year. Dr. Miller recognized Mr. Barber, Mr. Blackstock, and Mr. Sides and he recognized Mr. Ingram in the audience and stated that he is looking forward to working with him in the future. Mr. Scearce thanked Mr. Barber and Mr. Blackstock for their hard work and sacrifice over the years of their service to the County, as well as the hard work of Mr. Sides and Ms. Hammock. He wished everyone a Merry Christmas and a Happy New Year. Mr. Davis thanked all County Staff for their hard work and presented Ms. McCluster with a card of appreciation. Mr. Warren stated that as there are two (2) Board Members leaving the Board, he wanted to recognize Roy Byrd that was on the Consent Agenda and wished Telly Tucker well in his future, but stated that he will be missed. He also recognized Mr. Sides for his hard work and wished him good luck in his retirement. Mr. Warren stated that Mr. Barber and Mr. Blackstock will be missed and thanked them for their years of service, and he is looking forward to the opportunity for the new Board Members. COUNTY ADMINISTRATOR REPORTS Mr. Smitherman stated that the County is in the process of conducting a Broadband Internet Survey and encouraged everyone to participate in the Survey. He also stated the audit has been finalized and came back very well. He thanked all employees for their dedication and hard work and wished Mr. Sides the best in the future. He wished everyone a Merry Christmas and Happy New Year. Mr. Hunt wished everyone a Merry Christmas and a Happy New Year and stated this was a bittersweet meeting with three (3) people leaving. ADJOURNMENT Mr. Davis adjourned the Meeting at 8:06 PM. 7.a.b Packet Pg. 13 Attachment: 12-17-2019 Business Meeting Minutes - DRAFT (1913 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) January 2, 2020 Reorganizational Meeting Pittsylvania County Board of Supervisors Reorganizational Meeting January 2, 2020 VIRGINIA: The Business Meeting of the Pittsylvania County Board of Supervisors was held on January 2, 2020, in the Main Conference Room, County Administration Building, Chatham, Virginia 24531. Mr. Hunt, County Attorney, called the Meeting to order at 5:00 PM. The following Members were present: CALL TO ORDER (5:00 PM) ROLL CALL (MCCLUSTER) Attendee Name Title Status Arrived Robert W. "Bob" Warren Supervisor - Chatham Blairs District Present Ronald S. Scearce Supervisor - Westover District Present Joe B. Davis Supervisor - Dan River District Present Timothy W. Dudley Supervisor - Staunton River District Present Ben L. Farmer Supervisor - Callands-Gretna District Present William "Vic" Ingram Supervisor - Tunstall District Present Charles H. Miller Supervisor - Banister District Present ANY ADDITIONS/REVISIONS TO AGENDA (SMITHERMAN) Motion to add BZA Appointment consideration to Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: William "Vic" Ingram, Supervisor - Tunstall District SECONDER: Timothy W. Dudley, Supervisor - Staunton River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller APPROVAL OF AGENDA (SMITHERMAN) Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Charles H. Miller, Supervisor - Banister District SECONDER: Ronald S. Scearce, Supervisor - Westover District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller CHAIRMAN NOMINATION AND ELECTION (SMITHERMAN) a. Nomination and Chairman Election Motion by Mr. Dudley to nominate Mr. Warren as Chairman, seconded by Mr. Davis. The vote to elect Mr. Warren as Chairman was unanimous. Mr. Warren was appointed Chairman. b. Turn Meeting Over to New Chairman 7.a.c Packet Pg. 14 Attachment: 01-02-2020 Reorganizational Meeting - DRAFT (1913 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors January 2, 2020 Reorganizational Meeting VICE-CHAIRMAN NOMINATION AND ELECTION (SMITHERMAN) Motion by Mr. Davis to nominate Mr. Scearce as Vice-Chairman, seconded by Mr. Ingram. The vote to elect Mr. Scearce as Vice Chairman was unanimous. Mr. Scearce was appointed Vice- Chairman. BOARD BYLAWS AND RULES OF ORDER ADOPTION a. Adoption of Board Bylaws Motion to adopt the Board's Bylaws. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, Vice-Chairman - Westover District SECONDER: Timothy W. Dudley, Supervisor - Staunton River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller b. Adoption of Robert's Rules of Order (latest edition) Motion to adopt Robert's Rules of Order (latest edition). RESULT: APPROVED [UNANIMOUS] MOVER: Charles H. Miller, Supervisor - Banister District SECONDER: William "Vic" Ingram, Supervisor - Tunstall District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller SET DATE AND TIME OF REGULAR BOARD MEETINGS a. Adoption of 2020 Meeting Schedule Motion to approve 2020 Meeting Schedule RESULT: APPROVED [UNANIMOUS] MOVER: Timothy W. Dudley, Supervisor - Staunton River District SECONDER: Ronald S. Scearce, Vice-Chairman - Westover District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller STANDING COMMITTEES Mr. Warren pointed out that there are several Committees that were created for a certain purpose, but they have not met since that time period and there may not be a need for those Committees to exist anymore. The Committees in question were the Computer/Radio/Telecommunication, Fire and Rescue, and Animal Welfare Facility Committees. The Fire and Rescue Commission has recently been established and the Animal Welfare was established for the construction of the Pet Center. There was consensus of the Board to keep the Computer/Radio/Telecommunication Committee, but not to keep the other two (2). a. Finance/Insurance Committee (Appoint 4 Board Members) 7.a.c Packet Pg. 15 Attachment: 01-02-2020 Reorganizational Meeting - DRAFT (1913 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors January 2, 2020 Reorganizational Meeting Mr. Warren appointed Mr. Scearce, Dr. Miller, Mr. Davis, and Mr. Ingram to the Finance/Insurance Committee. b. Personnel Committee (Appoint 3 Board Members) Mr. Warren appointed Mr. Davis, Mr. Dudley, and Mr. Scearce to the Personnel Committee. c. Property/Building Committee (Appoint 3 Board Members) Mr. Warren appointed Mr. Davis, Mr. Farmer, and Dr. Miller to the Property/Building Committee. d. Legislative Committee (Appoint 3 Board Members) Mr. Warren appointed Dr. Miller, Mr. Scearce, and Mr. Ingram to the Legislative Committee. SPECIAL COMMITTEES a. Solid Waste Committee (Appoint 3 Board Members) Mr. Warren appointed Mr. Warren, Mr. Davis, and Mr. Dudley to the Solid Waste Committee. b. Computer/Radio/Telecommunications Committee (Appoint 3 Board Members) Mr. Warren appointed Mr. Farmer, Mr. Scearce, and Mr. Dudley to the Computer/Radio/Telecommunications Committee. c. Board of Supervisors/School Board Liaison Committee (Appoint 3 Board Members) Mr. Warren appointed Mr. Ingram, Mr. Farmer, and Dr. Miller to the School Board Liaison Committee. d. Fire & Rescue Policies and Procedures Committee (Appoint 3 Board Members) This Committee was eliminated by the Chairman. e. Economic Development Committee (Appoint 3 Board Members) Mr. Warren appointed Mr. Warren, Mr. Scearce, and Mr. Dudley to the Economic Development Committee. f. Animal Welfare Facility Committee (Appoint 3 Board Members) This Committee was eliminated by the Chairman. OTHER CHAIRMAN APPOINTMENTS a. Pittsylvania County Planning Commission (Appoint 1 Board Member) Mr. Warren appointed Mr. Dudley to the Planning Commission. b. Virginia Association of Counties (Appoint 1 Board Member) Mr. Warren appointed himself as the representative for the Virginia Association of Counties. 7.a.c Packet Pg. 16 Attachment: 01-02-2020 Reorganizational Meeting - DRAFT (1913 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors January 2, 2020 Reorganizational Meeting c. Metropolitan Planning Organization (MPO) (Appoint 3 Board Members (from either the Tunstall, Chatham-Blairs, Dan River, Westover, or Banister District) and 1 Board Member as an Alternate) Mr. Warren appointed Mr. Scearce, Mr. Davis, Dr. Miller, and Mr. Warren (alternate) to the Metropolitan Planning Organization. d. SARA Title III (Appoint 2 Board Members) Mr. Warren appointed Mr. Scearce and Mr. Smitherman to SARA Title III. e. Pittsylvania County Social Services Board (Appoint 1 Board Member) Mr. Warren appointed Dr. Miller to the Pittsylvania County Social Services Board. f. Roanoke River Basin Association (Appoint 1 Board Member) Mr. Warren appointed Dr. Miller as the Roanoke River Basin Association Representative. g. Dan River Business Development Center (Appoint 1 Board Member) Mr. Warren appointed Mr. Davis as the Dan River Business Development Center Representative. h. West Piedmont Planning District Commission (Appoint 2 Board Members) Mr. Warren appointed Mr. Ingram and Mr. Scearce to serve as the West Piedmont Planning District Commission Representatives. i. Fire and Rescue Commission (Appoint 1 Board Member) Mr. Warren appointed Mr. Scearce to serve as the Board Representative on the Fire and Rescue Commission. j. Local Elected Officials (Appoint 1 Board Member) Mr. Warren appointed himself as the Local Elected Officials representative. k. Tri-County Lake Administrative Commission (Appoint 1 Board Member) Mr. Warren appointed Mr. Farmer to the Tri-County Lake Administrative Commission. l. Pittsylvania County Community Action Board (Appoint 1 Board Member) Mr. Warren appointed Dr. Miller to the Pittsylvania County Community Action Board. FULL BOARD APPOINTMENTS a. Danville-Pittsylvania County Regional Industrial Facility Authority (1 Board Member, 4-Year Term); 1 Board Member, 4-Year Term); and (1 Alternate Board Member, 4- Year Term); (Appoint 1 Board Member as an Alternate) Mr. Warren appointed Mr. Ingram as the alternate on the Danville-Pittsylvania County Regional Industrial Authority Board. 7.a.c Packet Pg. 17 Attachment: 01-02-2020 Reorganizational Meeting - DRAFT (1913 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors January 2, 2020 Reorganizational Meeting b. Staunton River Regional Industrial Facility Authority (1 Board Member, 4-Year Term); (1 Board Member, 4-Year Term); and (1 Alternate Board Member. 4-Year Term); (Appoint 1 Board Member) Mr. Warren appointed Mr. Dudley to the Staunton River Regional Industrial Authority Board. c. Community Policy and Management Team (Appoint 1 Board Member) Mr. Warren appointed Mr. Scearce to the Community Policy Management Team. d. Tri-County Lakes Administrative Commission (3); (County Administrator; (1 Pittsylvania County Citizen Representative); and (1 Leesville Lake Association Representative); (No New Appointments Needed) Mr. Warren appointed Mr. Smitherman to the Tri-County Lakes Administrative Commission. e. Appoint Dennis Benhoff to the Tri-County Lakes Administrative Commission as the Citizen Representative RESULT: APPROVED [UNANIMOUS] MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District SECONDER: Ronald S. Scearce, VIce-Chairman - Westover District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller f. BZA Recommendation Consideration Motion to send recommendation to Circuit Court Judge Moreau for her to consider appointing Ann Deering to replace Leon Griffith on the BZA. RESULT: APPROVED [UNANIMOUS] MOVER: William "Vic" Ingram, Supervisor - Tunstall District SECONDER: Joe B. Davis, Supervisor - Dan River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller ADJOURNMENT Mr. Warren adjourned the Meeting at 5:25 PM. 7.a.c Packet Pg. 18 Attachment: 01-02-2020 Reorganizational Meeting - DRAFT (1913 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Economic Development Committee Meeting January 13, 2020 Pittsylvania County Board of Supervisors Economic Development Committee Monday, January 13, 2020 VIRGINIA: The Economic Development Committee of the Pittsylvania County Board of Supervisors was held on Monday, January 13, 2020, in the Main Conference Room at 1 Center Street in Chatham, Virginia 24531. Robert W. “Bob” Warren, Chairman, called the Meeting to Order at 3:00 PM. The following Committee Members were present: Robert W. “Bob” Warren Ronald S. Scearce Timothy W. Dudley The following Board of Supervisors Members were also present: Joe B. Davis William “Vic” Ingram Mr. David M. Smitherman, County Administrator and Clerk of the Board; Mr. J. Vaden Hunt Esq., County Attorney; Matthew D. Rowe, Economic Development Director; and Kaylyn M. McCluster, Deputy Clerk, were also present. Approval of Agenda Motion by Mr. Scearce, seconded by Mr. Dudley, to approve Agenda, which was unanimously approved by the Committee. New Business (a) Economic Development Consulting Proposal: Spectrum Group Mr. Smitherman stated the Institute for Advanced Learning (“IALR”) has approached the County, City, and DRF to jointly fund a consulting proposal to secure Department of Defense interest in IALR’s Advanced Manufacturing Training Programs. The annual cost is $88,200 per partner, for an annual cost of $352,800. The City/County contract with Tom Loehr has been discontinued to provide funding toward this endeavor. An additional $14,100 must be redirected in the County’s current Fiscal Year Budget to satisfy the expense through June 20, 2020, which could be appropriated from contingency. There was discussion regarding making some changes to the Agreement to include who exactly they will be reporting back to, making it eight (8) to ten (10) visits, defining the pipeline, suggest that this will be on a one (1) year trial basis. Mr. Warren stated that it is apparent by the Precision Machining Program that this will be an asset. Motion by Mr. Scearce, seconded by Mr. Dudley, to present to the full Board, with the mentioned modifications, which was unanimously approved by the Committee. (b) Regional Strategic Plan Update 7.a.d Packet Pg. 19 Attachment: 01-13-2020 Economic Development Committee Meeting - DRAFT (1913 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Economic Development Committee Meeting January 13, 2020 Mr. Smitherman stated that DRF, Danville, and the County are jointly working on a Regional Economic Development Strategic Plan and have received a final draft. There are fifteen (15) Members on this Committee. The group is going to get back together in the coming weeks to digest the Report and figure out the next steps. They will then request to hold a Joint Meeting with the Board and City Council. Closed Session Motion was made by Mr. Scearce, seconded by Mr. Dudley, to enter Closed Session. 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. (1) Legal Authority: Virginia Code § 2.2-3711(A)(5) Subject Matter: Projects Grape and Red Purpose: Discussion of Prospective Business/Economic Development Update The Committee entered Closed Session at 3:33 PM. The Committee returned to Open Session at 4:15 PM. PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Economic Development Committee Meeting of the Pittsylvania County Board of Supervisors on January 13, 2020, the Committee hereby certifies by a recorded vote that to the best of each Committee 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 Committee 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 Committee’s Minutes. Vote Ronald S. Scearce Yes Timothy W. Dudley Yes Robert W. “Bob” Warren Yes Adjournment The Meeting adjourned at 4:17 PM. 7.a.d Packet Pg. 20 Attachment: 01-13-2020 Economic Development Committee Meeting - DRAFT (1913 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: CPMT, SR RIFA, and DPC RIFA Appointments Ratification (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: January 27, 2020 Item Number: 7.b Attachment(s): Reviewed By: SUMMARY: At the January 2, 2020 Reorganizational Meeting, Chairman Warren appointed Supervisor Scearce to CPMT, Supervisor Dudley to SR RIFA, and Supervisor Ingram to DPC RIFA (alternate). These full Board appointments require ratification. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board ratify the appointments as presented. MOTION: “I make a Motion to ratify the appointments as presented.” 7.b Packet Pg. 21 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2020-01-01 Adoption (Equal Taxing Authority for Counties); (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: January 27, 2020 Item Number: 7.c Attachment(s): 2020-01-01 Equal Taxing Authority for Counties Equal Taxing Authority for Counties Flyer Reviewed By: SUMMARY: Counties are limited in their ability to raise revenues from meals, cigarette, transient occupancy, and admissions taxes that are available to cities and towns. Providing counties equal taxing authority merely provides local boards of supervisors the ability to levy the same taxes that may already be imposed by city councils. County governments have the same responsibility as cities for the funding and meeting of state requirements for core services, such as K-12 education, public safety, social services, and public health and relying too heavily on one source of revenue leaves counties vulnerable to downturns in the real estate market and population shifts. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board adopt Resolution # 2020-01-01. MOTION: “I make a Motion to adopt Resolution # 2020-01-01.” 7.c Packet Pg. 22 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2020-01-01 SUPPORT FOR EQUAL TAXING AUTHORITY FOR VIRGINIA COUNTIES __________________________________________________________________________________________ WHEREAS, at the Business Meeting of the Pittsylvania County Board of Supervisors (the “Board”) held on Monday, January 27, 2020, in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following Resolution was presented and adopted: WHEREAS, under the Code of Virginia county governments have less authority to raise revenues to meet their responsibilities than do cities and towns; and WHEREAS, limitations on counties’ ability to raise revenues from diverse sources result in an over- reliance on real property taxes to fund basic services of local government; and WHEREAS, counties are limited in their ability to raise revenues from meals, cigarette, transient occupancy, and admissions taxes that are available to cities and towns; and WHEREAS, providing counties equal taxing authority merely provides local boards of supervisors the ability to levy the same taxes that may already be imposed by city councils; and WHEREAS, county governments have the same responsibility as cities for the funding of and meeting state requirements for core services, such as K-12 education, public safety, social services, and public health; and WHEREAS, relying too heavily on one source of revenue leaves counties vulnerable to downturns in the real estate market and population shifts; and WHEREAS, additional tools to raise revenues would allow counties options to invest the necessary additional funds to respond to modern-day challenges, such as enhancing election cybersecurity; providing mental health treatment in jails; addressing substance abuse; maintaining vital infrastructure, such as water and sewer systems; and implementing Next-Generation 911 technology; and WHEREAS, state enabling legislation is required to provide counties with this additional taxing authority; and WHEREAS, each locality is best positioned to determine the appropriate mix of revenue sources to meet local needs; NOW, THEREFORE, BE IT RESOLVED, that the Pittsylvania County Board of Supervisors does hereby resolve and express its support and desire for the Virginia General Assembly to enact such legislation as is necessary to authorize Virginia counties to exercise additional taxing authority equal to that of cities and towns. Given under my hand this 27th day of January, 2020. __________________________________________ Robert W. Warren, Chairman Pittsylvania County Board of Supervisors 7.c.a Packet Pg. 23 Attachment: 2020-01-01 Equal Taxing Authority for Counties (1894 : Resolution # 2020-01-01 Adoption (Equal Taxing Authority for Counties)) ________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors 7.c.a Packet Pg. 24 Attachment: 2020-01-01 Equal Taxing Authority for Counties (1894 : Resolution # 2020-01-01 Adoption (Equal Taxing Authority for Counties)) Cities - YES Counties - BY REFERENDUM (five counties may levy without referendum, andcounties are limited to a rate of 4 percent; noreferendum requirements and no cap for cities and towns) #LocalAuthorityLocalSolutions www.vaco.org CITIES - YES COUNTIES - NO (limited to certain counties withspecial enabling authority, but available to all cities and towns) Cities - YES Counties - NO (limited to two counties at capped rate,but available to all cities and towns) CITIES - YES COUNTIES - CAPPED (capped for counties at 2 percent without special enabling authority; available tocities and towns without restriction) • Counties provide the same core services as cities, such as K-12 education, public safety, social services, and public health, and must have the ability to raise revenue to provide these services. • Providing counties equal taxing authority provides local boards of supervisors the ability to levy the same taxes that may already be imposed by city councils. • Members of local boards of supervisors are elected by the residents of counties and are accountable to them for all the decisions they make. • What about responsibility for road maintenance? Cities and towns that maintain their own roads receive annual maintenance payments from the state. VDOT has owned and maintained county roads since the 1930s. The cost and complexity of turning this responsibility over to counties cannot be simply addressed by equalizing taxing authority. Support Equal Taxing Authority for Counties Empower Counties to build stronger Communities 7.c.b Packet Pg. 25 Attachment: Equal Taxing Authority for Counties Flyer (1894 : Resolution # 2020-01-01 Adoption (Equal Taxing Authority for Counties)) • The distinction between city and county taxing authority is outdated. o Service needs have become more complex over time, as both counties and cities respond to modern-day challenges such as enhancing election cybersecurity; providing mental health treatment in jails; addressing substance abuse; maintaining vital infrastructure, such as water and sewer systems; and implementing Next-Generation 911 technology. o Experts have long recognized the need to eliminate this inequity in local taxing authority. In 2001, the Commission on Virginia’s State and Local Tax Structure for the 21st Century wrote in its report to the Governor and the General Assembly: • Limitations on counties’ ability to raise revenues from diverse sources result in an over-reliance on real property taxes. o According to a June 2017 presentation made by the Division of Legislative Services to the Joint Subcommittee on Local Government Fiscal Stress, 65.6% of local tax revenue in counties comes from real property taxes. o Relying so heavily on one source of revenue leaves counties vulnerable to downturns in the real estate market, and places a particular strain on counties with declining populations. Without a robust real property tax base, counties struggle to generate necessary revenue to meet state requirements for the provision of services. Counties have significant responsibilities and they need revenue options to meet them. It’s time to level the playing field. We recommend that this distinction, which is based solely on an historical legalism and which has no relevancy to modern service responsibilities, be eliminated and that the taxing authority of Virginia’s cities and counties be equalized…We find no rational basis for the governing body of a county serving hundreds of thousands of citizens to be constrained in its ability to address the fiscal needs of its community in a manner more severe than that applicable to the governing body of a municipality serving a fraction of that number. This action, in our view, is long overdue. “ ” 7.c.b Packet Pg. 26 Attachment: Equal Taxing Authority for Counties Flyer (1894 : Resolution # 2020-01-01 Adoption (Equal Taxing Authority for Counties)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2020-01-02 Adoption (Equal Taxing Authority for School Boards); (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: January 27, 2020 Item Number: 7.d Attachment(s): 2020-01-02 Equal Taxing Authority for School Board Reviewed By: SUMMARY: Under the Code of Virginia, county governments have less authority to raise revenues to meet their responsibilities than do cities and towns. Limitations on counties’ ability to raise revenues from diverse sources result in an over-reliance on real property taxes to fund basic services of local government. Counties are limited in their ability to raise revenues from meals, cigarette, transient occupancy, and admissions taxes that are available to cities and towns. Providing counties equal taxing authority merely provides local boards of supervisors the ability to levy the same taxes that may already be imposed by city councils. County local governments have the same responsibility as cities for the funding of the local share of K-12 education minimum standards as prescribed in the Standards of Quality (SOQs), and adjusting for inflation, state direct aid has fallen eight percent (8%) per student for K-12 public schools in Virginia since 2009. SOQ funding has historically funded less than seventy percent (70%) of actual reported K-12 positions and local average annual growth in K-12 spending has exceeded state growth. In 2018-2019, Virginia localities invested $4.2 billion above the required local effort for SOQ programs, and without the local share of K-12 funding, Virginia’s rank on state per-pupil funding goes from 26th to 42nd in the nation. Many localities in general lack a sufficient real property tax base to support and fund major K-12 operational and capital needs and additional available revenues would allow counties options to invest additional funds in the operation of schools, including capital costs, more competitive teacher pay, and other pressing K-12 needs. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board adopt Resolution # 2020-01-02 supporting equal taxing authority for School Boards as presented. MOTION: 7.d Packet Pg. 27 “I make a Motion to adopt Resolution # 2020-01-02 as presented.” 7.d Packet Pg. 28 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2020-01-02 SUPPORT FOR EQUAL TAXING AUTHORITY FOR SCHOOL BOARDS __________________________________________________________________________________________ WHEREAS, at the Business Meeting of the Pittsylvania County Board of Supervisors (the “Board”) held on Monday, January 27, 2020, in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following Resolution was presented and adopted: WHEREAS, under the Code of Virginia county governments have less authority to raise revenues to meet their responsibilities than do cities and towns; and WHEREAS, limitations on counties’ ability to raise revenues from diverse sources result in an over- reliance on real property taxes to fund basic services of local government; and WHEREAS, counties are limited in their ability to raise revenues from meals, cigarette, transient occupancy, and admissions taxes that are available to cities and towns; and WHEREAS, providing counties equal taxing authority merely provides local boards of supervisors the ability to levy the same taxes that may already be imposed by city councils; and WHEREAS, county local governments have the same responsibility as cities for the funding of the local share of K-12 education minimum standards as prescribed in the Standards of Quality (SOQs); and WHEREAS, adjusting for inflation, state direct aid has fallen eight percent (8%) per student for K-12 public schools in Virginia since 2009; and WHEREAS, SOQ funding has historically funded less than seventy percent (70%) of actual reported K- 12 positions; and WHEREAS, local average annual growth in K-12 spending has exceeded state growth; and WHEREAS, in 2018-2019, Virginia localities invested $4.2 billion above the required local effort for SOQ programs; and WHEREAS, without the local share of K-12 funding, Virginia’s rank on state per-pupil funding goes from 26th to 42nd in the nation; and WHEREAS, many localities in general lack a sufficient real property tax base to support and fund major K-12 operational and capital needs; and WHEREAS, additional available revenues would allow counties options to invest additional funds in the operation of schools, including capital costs, more competitive teacher pay, and other pressing K-12 needs; and WHEREAS, additional available revenues would allow counties the flexibility to invest in such needed areas as public safety, public health, refuse collection and disposal, and other services vital to a healthy community; and WHEREAS, state enabling legislation is legally required for additional taxing authority for counties; and 7.d.a Packet Pg. 29 Attachment: 2020-01-02 Equal Taxing Authority for School Board (1895 : Resolution # 2020-01-02 Adoption (Equal Taxing Authority for School WHEREAS, each locality is best positioned to determine the support of its residents for additional revenue authority; NOW, THEREFORE, BE IT RESOLVED, that the Pittsylvania County Board of Supervisors does hereby resolve and express its support and desire for the Virginia General Assembly to enact such legislation as is necessary to authorize Virginia counties to exercise additional taxing authority equal to that of cities and towns. Given under my hand this 27th day of January, 2020. __________________________________________ Robert W. Warren, Chairman Pittsylvania County Board of Supervisors ________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors 7.d.a Packet Pg. 30 Attachment: 2020-01-02 Equal Taxing Authority for School Board (1895 : Resolution # 2020-01-02 Adoption (Equal Taxing Authority for School Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: VDOT Wayside Park Grant Acceptance (Staff Contact: Mark W. Moore) Staff Contact(s): Mark W. Moore Agenda Date: January 27, 2020 Item Number: 7.e Attachment(s): WAYSIDE access road layout typical with prime and double seal RECR_ProjectCoordinationForm 2020-01-03 Wayside Park Reviewed By: SUMMARY: County Parks and Recreation, in coordination with VDOT and their Recreational Access Program, has secured a $250,000 Grant to widen the access road at Wayside Park, as well as improve the parking area. The road will be surface treated (tar and gravel). Construction is scheduled for Spring 2020. This is part of the nearly $1 million Park Renovation Project ongoing at this time. FINANCIAL IMPACT AND FUNDING SOURCE: There is no local funding match requirement. RECOMMENDATION: County Staff recommends the Board approve the $250,000 Grant to widen the access road at Wayside Park and approve Resolution # 2020-01-03 supporting the funding for said road. MOTION: “I make a Motion to approve the $250,000 Grant to widen the access road at Wayside Park and approve Resolution # 2020-01-03 supporting the funding for said road as presented.” 7.e Packet Pg. 31 WAYSIDE PARK ROAD IMPROVEMENTS HURT, VA PITTSYLVANIA COUNTY 7.e.a Packet Pg. 32 Attachment: WAYSIDE access road layout (1915 : VDOT Wayside Park Grant Acceptance (Staff Contact: TYPICAL SECTION NOTE: Aggr. depth to be placed as directed by the Engineer (6" depth to be used for estimating purposes only). NOTE: Fill shoulders to be increased by 3' where guardrail is required. 7.e.b Packet Pg. 33 Attachment: typical with prime and double seal (1915 : VDOT Wayside Park Grant Acceptance (Staff Contact: Mark W. Moore)) November 2019 RECREATIONAL ACCESS PROGRAM PRE-APPLICATION COORDINATION FORM Locality Applicant: County of Pittsylvania VDOT District: Lynchburg PROJECT INFORMATION: (Please press tab-key to move from field to field and after entering information in a field) Location: Proposed project improves access road, and is 0.87 miles east of Route 29 Scope of Work: Improve exisiting roadway (ancillary improvements such as turn lanes are not to be considered as the primary objective of the project) Description of work: Work includes widening and resurfacing of existing access road into Pittslyvania Wayside Park, as well grading drainage, ESC, paving and guardrail installation. From: Business Route 29 To: 0.17 miles North of Business Route 29 Length: 0.17 (miles) Anticipated traffic generation: 400 vpd (2 buses) Pavement width planned: 20 (feet) to include shoulders ditches Construction of bikeway planned >select< Property and facility is or will be owned / operated by: Pittsylvania County The locality acknowledges the following: The locality will coordinate with the appropriate VDOT Residency /District office staff to ensure the request is appropriate. Preliminary plans will be provided showing the proposed access roadway/bikeway alignment along with the masterplan, schedule and budget for the development of the property (plat with acreage amount) and, if applicable, the locality’s approved bikeway thoroughfare plan. Yes The locality will coordinate with the Department of Conservation and Recreation / Department of Historic Resources, as applicable, in preparation of necessary public recreational/historic area designation and project recommendation. Yes The locality’s governing body will provide VDOT with a resolution in request of the Program’s state funding. (Please contact Local Assistance Division staff for suggested format. Also note that appropriate project information detail must be provided to VDOT to allow sufficient time for review prior to recommending any request to the CTB. The agenda for the Commonwealth Transportation Board’s (CTB) action meeting is typically finalized 3 weeks prior to the date of the CTB action meeting.) Yes The State Environmental Review Process (SERP) must be conducted prior to land disturbance if the project is estimated to be $500,000 or more. >select< Note: Project right of way and utilities (new or adjustment) are not eligible items of work under this Program Project right of way ( feet minimum in width) >select< Project does not require or include utility work PROJECT TO BE ADMINISTERED BY: VDOT PROJECT ESTIMATES: (Please TAB from field to field) PHASE Anticipated Schedule Start Date Estimated Project Cost A detail project estimate is necessary to determine eligible costs and the maximum allowable allocation to be recommended. If locality administers project: Estimated reimbursement to Locality utilizing Program’s state funding Estimated VDOT project oversight charges utilizing Program’s funding (reduces amount available for reimbursement) Roadway Bikeway (if applicable) PE 04/01/2020 $ 25,000 $ 0 $ 0 $ 0 RW Not Eligible for Program Funding CN 05/01/2020 $ 225,000 $ $ 0 $ 0 TOTAL $ 250,000 $ 0 $ 0 $ 0 (To calculate totals cursor on each column’s Total $ 0 amount, right click and select Update Field) COMMENTS This project is proposed to be VDOT administered utilizing State Forces / Hired Equipment Submitted Reviewed by: by: Date Date >title of locality official< District Local Assistance Engineer 7.e.c Packet Pg. 34 Attachment: RECR_ProjectCoordinationForm (1915 : VDOT Wayside Park Grant Acceptance (Staff Contact: Mark W. Moore)) PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION # 2020-01-03 FUNDING FOR THE PITTSYLVANIA WAYSIDE PARK RECREATIONAL ACCESS ROAD _____________________________________________________________________________ WHEREAS, At a regularly scheduled meeting of the Pittsylvania County Board of Supervisors (the “Board”) held on January 27, 2020, on a motion by _____________, seconded by ______________, the following Resolution was adopted by a vote of __ to __: WHEREAS, the Pittsylvania Wayside Park is owned by Pittsylvania County, Virginia (the “County”), and is to be developed by the County as a recreational facility serving County residents, adjoining localities, and the Commonwealth of Virginia; and WHEREAS, the property on which this facility is located has no access to a public street or roadway and will require the construction of a new roadway, which will connect to Main Street/ Business Route 29; and WHEREAS, the procedure governing the allocation of recreational access funds as set forth in § 33.2-1510, Code of Virginia, 1950, as amended, requires action by the Director of the Department of Conservation and Recreation (“DCR”) and the Commonwealth Transportation Board (“CTB”); and WHEREAS, a statement of policy agreed upon between the DCR Director and the CTB approves the use of such funds for the construction of access roads to publicly-owned recreational or historical areas; and WHEREAS, the Board has duly adopted a County Zoning Ordinance pursuant to Article 7 (§ 15.2-2280 et seq.), Chapter 22, Title 15.2, Code of Virginia, 1950, as amended; and WHEREAS, it appears to the Board that all requirements of the law have been met to permit the DCR Director to designate Pittsylvania Wayside Park as a public recreational facility and further permit the CTB to provide funds for appropriate access to this public recreational area in accordance with § 33.2-1510, Code of Virginia, 1950, as amended; and WHEREAS, the Board agrees, in keeping with the intent of § 33.2-406, Code of Virginia, 1950, as amended, to use its good offices to reasonably protect the aesthetic or cultural value of this access leading to or within areas of historical, natural, or recreational significance; and WHEREAS, the County acknowledges that no land disturbance activities may occur within the limits of the proposed access project without the consent of the Virginia Department of Transportation (“VDOT”) as a condition of the use of the Recreational Access Fund; and WHEREAS, the County hereby guarantees that the necessary environmental analysis, mitigation, and fee simple right of way for this improvement, and utility relocations or adjustments, if necessary, will be provided at no cost to VDOT; and 7.e.d Packet Pg. 35 Attachment: 2020-01-03 Wayside Park (1915 : VDOT Wayside Park Grant Acceptance (Staff Contact: Mark W. Moore)) WHEREAS, the County hereby acknowledges that VDOT’s Recreational Access Program may provide up to a maximum of $250,000 unmatched funds and up to an additional $100,000 in matching funds for an access road project (if necessary); and WHEREAS, the County hereby guarantees that financing of all ineligible project costs, project costs exceeding the project allocation under the Recreational Access Program, any Program-required locality matching funds, if applicable, and all costs exceeding this Program allocation will be provided by the County; and NOW, THEREFORE BE IT RESOLVED, that the Board hereby requests the DCR Director to designate Pittsylvania Wayside Park as a public recreational area and to recommend to the CTB that recreational access funds be allocated for an adequate access road to serve said park area; and BE IT FURTHER RESOLVED, that the CTB is hereby requested to allocate the necessary recreational access funds to provide a suitable access road as hereinbefore described; and BE IT FURTHER RESOLVED, that the County Administrator, and his designee, are authorized to act on behalf of the County to execute any and all documents necessary to secure the maximum amount of funding eligible under the Recreational Access Program. BE IT FURTHER RESOLVED THAT, the County will request the new roadway(s) to be called Wayside Park Road so constructed to be added to receive maintenance payments in accordance with the provisions of § 33.2-366, Code of Virginia, 1950, as amended, and such request for street additions for assistance payments will be submitted, together with a copy of this Resolution and such maps and other documents as may be necessary in the manner prescribed by DCR. ___________________________________ Robert W. Warren, Chairman Pittsylvania County Board of Supervisors ________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors 7.e.d Packet Pg. 36 Attachment: 2020-01-03 Wayside Park (1915 : VDOT Wayside Park Grant Acceptance (Staff Contact: Mark W. Moore)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: County Owned Property Upon Employment Separation Policy Adoption (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: January 27, 2020 Item Number: 7.f Attachment(s): County owned equipment policy Reviewed By: SUMMARY: At the Personnel Committee Meeting held on December 4, 2019, there was Committee consensus to recommend the adoption of the County Issued Equipment Upon Separation of Employment Policy (Option “B”) to the full Board. Said Policy states as follows: No County employee or elected official shall be able to purchase County-issue property used in the performance of their County work, employment, service, or duties upon separation or retirement from the County. This Policy shall not apply to the right of Sheriff Department employees to purchase their County-issued service handgun for $1.00 upon separation from County employment or retirement, as authorized by § 59.1-148.3, Code of Virginia, 1950, as amended. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board adopt the County Issued Equipment Upon Separation of Employment Policy (Option “B”) as presented. MOTION: “I make a Motion to adopt the County Issued Equipment Upon Separation of Employment Policy (Option “B”) as presented.” 7.f Packet Pg. 37 COUNTY OWNED PROPERTY UPON EMPLOYMENT SEPARATION POLICY 01-27-2020 No County employee or elected official shall be able to purchase County-issue property used in the performance of their County work, employment, service, or duties upon separation or retirement from the County. This Policy shall not apply to the right of Sheriff Department employees to purchase their County-issued service handgun for $1.00 upon separation from County employment or retirement, as authorized by § 59.1-148.3, Code of Virginia, 1950, as amended. 7.f.a Packet Pg. 38 Attachment: County owned equipment policy (1896 : County Owned Property Upon Employment Separation Policy Adoption (Staff Contact: Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Personnel Changes Approval (Staff Contact: David M. Smitherman) Staff Contact(s): David M. Smitherman Agenda Date: January 27, 2020 Item Number: 7.g Attachment(s): Deputy County Administrator Director of Community Development Reviewed By: SUMMARY: Due to the recent retirement of the Assistant County Administrator for Planning and Development, David M. Smitherman, County Administrator, proposes the following personnel changes: (1) Elimination of Assistant County Administrator for Operations Positions; (2) Elimination of Assistant County Administrator for Planning and Development; (3) Creation of Deputy County Administrator Position; and (4) Creation of Director of Community Development Position. FINANCIAL IMPACT AND FUNDING SOURCE: The salary for these positions is already included in the County Budget. RECOMMENDATION: The County Administrator recommends the Board approve the proposed personnel changes as presented. MOTION: “I make a Motion to approve the proposed Personnel Changes as presented.” 7.g Packet Pg. 39 POSITION TITLE: DEPUTY COUNTY ADMINISTRATOR FLSA: EXEMPT REPORTS TO: COUNTY ADMINISTRATOR SUMMARY OF POSITION: Under the general supervision of the County Administrator; assists in preparing plans, reports and projects; supervises operations of Buildings & Grounds, Parks & Recreation, IT, CSA, Solid Waste, Community Development; and serves as County Project Manager; performs various tasks assigned by the County Administrator and fills in from time to time in the absence of the County Administrator due to the close working relationship to the Board on County Operations. Significant contact with the public requiring a decision-making ability. Must represent the County to Federal and State officials/agencies, as well as other board, agencies and commissions ESSENTIAL JOB FUNCTIONS: Essential functions, as defined under the Americans with Disabilities Act, may include any of the following tasks, knowledge, skills and other characteristics. The list that follows is not intended as a comprehensive list; it is intended to provide a representative summary of the major duties and responsibilities. Incumbent(s) may not be required to perform all duties listed, and may be required to perform additional, position- specific tasks. • Reviews and approves or disapproves project site development plans and specifications; • Oversees plans and specifications for County projects/industrial projects, landfill operations, development and maintenance, County buildings and grounds construction, and animal control; • Prepares research reports to serve as a basis for action by the County Administrator; • Excellent interpersonal communication skills; • Represents the County Administrator at conferences and meetings; • Provides technical support in the form of reports, plans, specifications, cost estimates, and technical ordinances as required and provides support to other departments; • Prepares estimates of County projects for budgeting purposes; • Assists in the preparation of annual budget for Solid Waste, Parks & Recreation, IT, CSA, Building & Grounds, and Community Development; and assists the County Administrator in the preparation of the County budget; • Answers questions and resolves complaints from the public regarding engineering, public works, solid waste management, and animal control; • Works with engineers and construction companies on site development, engineering, studies, construction plans and funding of County projects; • Acts as a liaison with Department of Environmental Quality, the Environmental Protection Agency and other Federal and State agencies for County; • Attends professional conferences and seminars on behalf of Pittsylvania County; • Acts as a liaison with other departments within the Commonwealth of Virginia, North Carolina and other states as may be needed to help work with industrial prospects; • Advises and assists with long-range planning in the County; • Speaks to public gatherings and civic groups on engineering and public works projects; 7.g.a Packet Pg. 40 Attachment: Deputy County Administrator (1914 : Personnel Changes Approval (Staff Contact: David M. Smitherman)) Equal Opportunity Employer Rev 2019 • Performs other related duties as assigned by County Administrator. CORE COMPETENCIES: • Customer Focus • Communication • Collaboration/Teamwork • Personal Accountability/Delivering Results • Diversity and Inclusion EDUCATION AND EXPERIENCE: Bachelor's Degree (B.A.) from a four-year accredited college or university in public administration, political science, planning, or related field; minimum 2-4 years related experience and/or training; or any experience that combined with education to be equivalent to a Bachelor's Degree in above referenced fields. Commensurate experience will be considered in lieu of bachelor’s degree. • Ability to read, analyze, and interpret the most complex documents; • Ability to write speeches and articles using original or innovative techniques or style; • Ability to make effective and persuasive speeches/presentations on controversial or complex topics to top management, public groups, and/or boards of directors; • Ability to work with mathematical concepts such as probability and statistical inference, and fundamentals of plane and solid geometry and trigonometry; to apply concepts such as fractions, percentages, ratios, and proportions to practical situations; • Ability to define problems, collect data, establish facts, and draw valid conclusions; • Ability to interpret an extensive variety of technical instructions in mathematical or diagram form and deal with several abstract and concrete variables; • Proficient in computer skills including electronic mail, record keeping, routine database activity, work processing, spreadsheet, graphics, etc. • Ability to handle multiple projects simultaneously. REQUIRED KNOWLEDGE AND SKILL: • Knowledge of the principles, practices and techniques of general management and office organization principles and practices; • Thorough knowledge of the basic laws, ordinances and regulations underlying the municipal corporation; • Ability to interpret an extensive variety of technical instructions including blueprints, HVAC specifications for industrial buildings, mathematical and electrical diagram forms, as well as general construction knowledge of water, sewer, roads and a wide variety of buildings/industrial buildings; • Knowledge of GIS Computer Program; • Ability to express ideas effectively orally and in writing; • Ability to establish and maintain effective working relationships with other County officials, employees, and the public; • Ability to understand, interpret and apply relevant statutes, ordinances, rules and regulations; • Work within deadlines to complete projects and assignments; 7.g.a Packet Pg. 41 Attachment: Deputy County Administrator (1914 : Personnel Changes Approval (Staff Contact: David M. Smitherman)) Equal Opportunity Employer Rev 2019 • Ability to assess, analyze, identify and recommend solutions to problems; • Work independently or as a team member; • Ability to operate a personal computer and software applications. CERTIFICATIONS AND LICENSES: Possession of an appropriate valid driver’s license issued by the Commonwealth of Virginia. ENVIRONMENTAL FACTORS AND CONDITIONS/PHYSICAL REQUIREMENTS: Work is performed primarily in an indoor environment, but may require visits to outdoor project sites. May be exposed to dangerous machinery, hazardous chemicals and extreme weather conditions. Moderate noise (industrial buildings, business office with computers/copiers and printers, light traffic). May require additional duties after normal working hours in order to complete tasks necessary for operations and facilities. May be required to exert up to 20 to pounds. Requires walking or standing to a significant degree. Occasional overnight travel (up to 20%) by land and/or air. Manual dexterity sufficient to reach/handle items, work with fingers, and perceives attributes objects and materials. Work requires vocal communication for expressing or exchanging ideas by means of the spoken word; hearing is required to perceive information at normal spoken word levels; visual acuity is required for preparing and analyzing written or computer data, operation of motor vehicles or equipment, determining the accuracy and thoroughness of work, and observing general surroundings and activities. This description provides information regarding the essential functions of the designated job, and the general nature and level of work associated with the job. It should not be interpreted to describe all the duties and performance that may be required of employees or be used to limit the nature and extent of assignments an employee may be given. The County reserves the right to modify the job description as deemed appropriate. SIGNATURES AND COMMENTS: I have read this description and understand the requirements and responsibilities of the position. ______________________________________ ______________________ Signature of Employee Date __________________________________________ ______________________ Signature/Job Title of Supervisor Date Comments: 7.g.a Packet Pg. 42 Attachment: Deputy County Administrator (1914 : Personnel Changes Approval (Staff Contact: David M. Smitherman)) POSITION TITLE: DIRECTOR OF COMMUNITY DEVELOPMENT FLSA: EXEMPT REPORTS TO: COUNTY ADMINISTRATOR SUMMARY OF POSITION: Under the general supervision of the County Administrator, the employee performs difficult professional and administrative work directing the activities of the County's planning, zoning, permitting, code enforcement, building inspections and geographic information systems (GIS) operations through the Department of Community Development. Additionally, performs related work as required; supervision is exercised over all department personnel. ESSENTIAL JOB FUNCTIONS: Essential functions, as defined under the Americans with Disabilities Act, may include any of the following tasks, knowledge, skills and other characteristics. The list that follows is not intended as a comprehensive list; it is intended to provide a representative summary of the major duties and responsibilities. Incumbent(s) may not be required to perform all duties listed, and may be required to perform additional, position- specific tasks. • Plans, organizes and directs the planning, development code, building inspections, erosion and sediment control, zoning, subdivision and GIS programs of the County, in accordance with County policies and budget; • Supervises, directs and evaluates assigned staff; processes employee concerns and problems; counsels, disciplines and completes employee performance evaluations; assists in the selection of department personnel; coordinates daily work activities; organizes, prioritizes, and assigns work; monitors status and inspects completed work; assists with complex/problems and provides technical expertise; • Serves as Zoning Administrator; administers, updates and enforces the zoning ordinance; interprets and enforces provisions of the zoning ordinance, state and local codes, laws, regulations, specifications, standards, policies and procedures; initiates legal actions necessary to correct deviations of noncompliance; • Tracks applicants' compliance with all zoning proffers, including monitoring of conditions of approval and tracking financial contributions; • Serves as Principal Planner, directs the development, preparation, update and maintenance of the Comprehensive Plan, and coordinates transportation planning with VDOT and County officials; • Serves as Subdivision Agent, administers, updates and enforces the subdivision ordinance; • Provides technical support to the Board of Zoning Appeals, Planning Commission, Board of Supervisors, and other boards/committees regarding assigned programs, and makes presentations and recommendations as required; • Drafts new ordinances, policies and procedures as necessary to address land use and development issues; 7.g.b Packet Pg. 43 Attachment: Director of Community Development (1914 : Personnel Changes Approval (Staff Contact: David M. Smitherman)) Equal Opportunity Employer Rev 2019 • Coordinates the review of all site plans; maintains official zoning map; oversees updates and corrections to ensure accuracy; • Oversees permitting and building inspections functions through the supervision of employees and policies; renders advice and technical assistance as needed; • Receives and responds to requests for information and complaints from the general public and land development professionals; • Prepares and reviews a variety of correspondence, reports, memoranda, statistical data, etc.; • Oversees the maintenance of the various official records; performs administrative tasks such as report preparation on appeal cases and other complex cases; makes and writes formal, legally binding, written interpretations of the zoning ordinance, proffers and conditions of development approval; • Consults with officials of the County, State and Federal government in order to coordinate all phases of planning and community development; • Serves as liaison and County contact with the West Piedmont PDC, and other regional planning organizations; • Performs other related duties as assigned. CORE COMPETENCIES: • Customer Focus • Communication • Collaboration/Teamwork • Personal Accountability/Delivering Results • Diversity and Inclusion EDUCATION AND EXPERIENCE: Graduation from an accredited college or university with a Bachelor’s degree in planning, engineering, management or related field. A Master’s degree in Planning or related field is preferred. Extensive experience in planning and community development, which includes considerable zoning and supervisory experience. REQUIRED KNOWLEDGE AND SKILL: • Comprehensive knowledge of the zoning ordinances, civil engineering, GIS, state code provisions related to land use, and related codes and of the appropriate methods of enforcement; • Comprehensive knowledge of current situations and recent developments in planning and zoning; • Ability to interpret and analyze technical documents and regulations; • Ability to prepare and present effective and persuasive oral and written reports to top management, public groups, and/or Boards of Directors; • Ability to establish and maintain effective working relationships with County and other government officials, other agencies and the general public; • Skills in working within deadlines and multi-tasking to complete projects and assignments; efficient record keeping; • Skills in assessing, analyzing, identifying and recommending solutions to problems; • Skills in working independently or as a team member; 7.g.b Packet Pg. 44 Attachment: Director of Community Development (1914 : Personnel Changes Approval (Staff Contact: David M. Smitherman)) Equal Opportunity Employer Rev 2019 • Proficient computer skills including Word, Excel, PowerPoint, Internet, routine database entry, spreadsheets, interpret graphics, photo imaging, etc. CERTIFICATIONS AND LICENSES: Possession of an appropriate valid driver’s license issued by the Commonwealth of Virginia. ENVIRONMENTAL FACTORS AND CONDITIONS/PHYSICAL REQUIREMENTS: Work is performed primarily in an indoor environment, but may require visits to outdoor project sites. Moderate noise levels. Occasional overnight travel (up to 20%) by land and/or air. The employee is regularly required to stand; sit; walk; talk or hear; use hands and fingers, handle, feel or operate objects, tools, or controls; and reach with hands and arms. The employee is occasionally required to climb, balance, stoop, kneel, crouch, or crawl. Must occasionally lift and/or move up to 50 pounds. Visual acuity required includes close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust and focus. Operation of motor vehicles or equipment. This description provides information regarding the essential functions of the designated job, and the general nature and level of work associated with the job. It should not be interpreted to describe all the duties and performance that may be required of employees or be used to limit the nature and extent of assignments an employee may be given. The County reserves the right to modify the job description as deemed appropriate. SIGNATURES AND COMMENTS: I have read this description and understand the requirements and responsibilities of the position. ______________________________________ ______________________ Signature of Employee Date __________________________________________ ______________________ Signature/Job Title of Supervisor Date Comments: 7.g.b Packet Pg. 45 Attachment: Director of Community Development (1914 : Personnel Changes Approval (Staff Contact: David M. Smitherman)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Cooperative Agreement Approval (Staff Contact: Holly E. Stanfield) Staff Contact(s): Holly E. Stanfield Agenda Date: January 27, 2020 Item Number: 7.h Attachment(s): 2020 Cooperative Agreement - Treasurer Reviewed By: SUMMARY: The Cooperative Agreement between the County and the Treasurer’s Office has expired, and the Honorable Vincent Shorter, Treasurer, has agreed to renew the attached updated Cooperative Agreement. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve the Cooperative Agreement as presented. MOTION: “I make a Motion to approve the Cooperative Agreement as presented.” 7.h Packet Pg. 46 7.h.a Packet Pg. 47 Attachment: 2020 Cooperative Agreement - Treasurer (1916 : Cooperative Agreement Approval (Staff Contact: Holly E. Stanfield)) 7.h.a Packet Pg. 48 Attachment: 2020 Cooperative Agreement - Treasurer (1916 : Cooperative Agreement Approval (Staff Contact: Holly E. Stanfield)) 7.h.a Packet Pg. 49 Attachment: 2020 Cooperative Agreement - Treasurer (1916 : Cooperative Agreement Approval (Staff Contact: Holly E. Stanfield)) 7.h.a Packet Pg. 50 Attachment: 2020 Cooperative Agreement - Treasurer (1916 : Cooperative Agreement Approval (Staff Contact: Holly E. Stanfield)) Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Appreciation Plaque Presentation (Supervisor Davis); (Contact: Board of Supervisors) Staff Contact(s): Board of Supervisors Agenda Date: January 27, 2020 Item Number: 8.a Attachment(s): Reviewed By: The Board will present Supervisor Davis with a Plaque of Appreciation for serving as 2019 Board Chairman. 8.a Packet Pg. 51 Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Walkway of Honor Donation Request Presentation (Presenter: Joyce French) Staff Contact(s): Kaylyn M. McCluster Agenda Date: January 27, 2020 Item Number: 8.b Attachment(s): Governmental Letters Follow-up Letter 1 Pledge Sheet with bronze plaque Reviewed By: Joyce French will present to the Board a Walkway of Honor donation request. 8.b Packet Pg. 52 Walkway of Honor Sponsorship Initiative You die twice in your life: Once when your body ceases to function and then again when you are forgotten and your name is no longer spoken. Unknown November 30, 2019 Mr. Joe Davis, Chairman Pittsylvania County Board of Supervisors 1 Center Street P.O. Box 426 Chatham, VA 24531 Dear Mr. Davis: June 6, 2019 marked the 75th anniversary of D-Day. As the brave young soldiers of Southside Virginia charged Omaha Beach and carried our flag in the Pacific, they proved themselves to be true heroes. We began our effort to ensure that we never forget those who so valiantly served in World War II, by hosting three events throughout the Southside region to honor and highlight their lives. The most recent was an event to celebrate Veterans Day which was held in Danville. Now, we must take the next step. We ask that you join your sister local governments, along with their citizens, to work in collaboration with the Virginia War Memorial Foundation and secure the sponsorship for the Walkway of Honor, a brick footpath through the Memorial. Honoring our Southside veterans will be achieved by placing their names first among their Virginia brothers and sisters in this Walkway. The Virginia War Memorial, dedicated in 1956, is the Commonwealth of Virginia’s monument to celebrate the memory of Virginia’s men and women who demonstrated a willingness to serve, fight, and defend our way of life. By participating in this initiative you will give long overdue state-wide recognition to those who so gallantly served. With your support, we can guarantee that these men and women are never forgotten. Their names will be forever spoken as visitors to the Memorial walk along and read aloud the names of these heroes. The attached information outlines giving opportunities for this extraordinary project. We ask that you generously participate in this initiative by providing financial a gift to this 501(c) (3) organization. Without your participation and that of others who want to remember our veterans, this project cannot become a reality. Sincerely, Dexter Gilliam Jeffrey Bond Project Coordinator Project Coordinator 8.b.a Packet Pg. 53 Attachment: Governmental Letters (1898 : Walkway of Honor Donation Request Presentation (Presenter: Joyce French)) Walkway of Honor Sponsorship Initiative Virginia War Memorial Purpose: To gain recognition for Southside Virginia and her veterans by sponsoring the Walkway of Honor at the Virginia War Memorial Benefits: • A stone marker will be installed at the entrance of the Walkway that identifies the sponsorship of Southside Virginia • Placement of Southside Virginia memorial bricks at the forefront of the walkway, with Sections I, II, and III being reserved as a part of this sponsorship Initiative Costs: • $100,000 is required to secure Southside Virginia’s Sponsorship for the Walkway of Honor • Make Tax Deductible Checks Payable to The Virginia War Memorial Foundation, a 501(c) (3) organization: mail to Joyce French, 7250 Old Cox Road, Chase City, VA 23924 • Organizers of this initiative will market the initial sale of Southside memorial bricks as part of its fundraising efforts --------------------------------------------------------------------------------------------------------------------- Pledge of Support _____ Pledge of $5,000 (includes 4 bricks) _____ Pledge of $2,500 (includes 2 brick) _____ Pledge of $1.000 (includes 1 brick) _____ Pledge of $500 _____ Pledge of $250 _____ Other $___________________ Signature Phone Number “The citizens of Southside Virginia answered the call to arms in World War II to ensure the freedoms we enjoy today – let’s take this opportunity to come together to ensure their memory will have a lasting place in their State’s War Memorial.” (Conceptual Design of Walkway Entrance Marker) 8.b.b Packet Pg. 54 Attachment: Follow-up Letter 1 Pledge Sheet with bronze plaque (1898 : Walkway of Honor Donation Request Presentation (Presenter: Joyce Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: PCC Chapter 2 (Animals and Fowl) Revisions (Staff Contact: James P. McLaughlin) Staff Contact(s): James P. McLaughlin Agenda Date: January 27, 2020 Item Number: 10.A.1 Attachment(s): 01-27-2020 Public Hearing Notice - Chapter 2 Animals and Fowl Animal Code Revisions 2019 Reviewed By: SUMMARY: The attached proposed revisions to Chapter 2 of the Pittsylvania County Code (Animals and Fowl) are primarily updates to match current Virginia Code. Most of the proposed revisions changes bring the PCC current with Virginia Code required animal hold times. The Public Hearing was advertised in the Star Tribune on January 15, 2020, and January 22, 2020. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board hold the required Public Hearing and then approve the proposed PCC Chapter 2 revisions as presented. MOTION: “I make a Motion to approve the Pittsylvania County Code Chapter 2 revisions as presented.” 10.A.1 Packet Pg. 55 PUBLIC HEARING NOTICE The Board of Supervisors of Pittsylvania County, Virginia, will hold a Public Hearing on Monday, January 27, 2020, at 7:00 p.m., in the General District Courtroom of the Edwin R. Shields Courtroom Addition, Chatham, Virginia, 24531, to receive citizen input on potential revisions to Chapter 2 (Animals and Fowl) of the Pittsylvania County Code. The full text of the proposed revisions is available in the Pittsylvania County Administration Building, 1 Center Street, Chatham, Virginia, 24531, on Monday through Friday, 8:00 a.m. to 5:00 p.m., and on the County’s website, www.pittsylvaniacountyva.gov. 10.A.1.a Packet Pg. 56 Attachment: 01-27-2020 Public Hearing Notice - Chapter 2 Animals and Fowl (1899 : Public Hearing: PCC Chapter 2 (Animals and Fowl) Page 1 of 17 PITTSYLVANIA COUNTY CODE CHAPTER 2 Article II. DOGS SEC. 2-4. DEFINITIONS GENERALLY. For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section. (a) Animal Control Officer. Any Animal Control Officer or deputy Animal Control Officer appointed pursuant to Section 2-5. (b) Enclosure. A structure used to house or restrict animals from running at large. (c) Livestock. Cattle, horses, sheep, goats, swine and enclosed domesticated rabbits or hares. (d) County Administrator. The duly appointed County Administrator, his deputy, or other person authorized to perform the duties imposed by this ordinance. (B.S.M. 5-2-88) (e) Owner. Any person having a right of property in any dog, subject to the provisions of this article, and any person who keeps or harbors such dog, or has the dog in his care, or who acts as its custodian, and any person who permits a dog to remain on or about any premises occupied by him. (f) Poultry. All domestic fowl, and game birds raised in captivity. (g) Pound. A facility operated by the County for the prevention of cruelty to animals or for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals. (h) Boarding Kennel. A place or establishment other than a pound or shelter where animals not owned by the proprietor are fed, sheltered and watered for a fee, but shall not include training or show kennels. (i) Person. Any individual, partnership, firm, joint-stock company, corporation, association, trust, estate, or other legal entity. (j) Other Officer. All other persons employed or elected by the people of Virginia, or by any municipality, county, or incorporated town therefore, whose duty is to preserve the peace, to make arrests, or to enforce the law. (k) Treasurer. The County Treasurer and his assistants or other officer designated by law to collect taxes in the County. (l) To Run at Large. A dog shall be deemed “to run at large” while roaming, running or self-hunting off the property of its owner or custodian and not under its owner’s or custodian’s immediate control, including chasing motor vehicles on a highway. (B.S.M. 5-2-88) 10.A.1.b Packet Pg. 57 Attachment: Animal Code Revisions 2019 (1899 : Public Hearing: PCC Chapter 2 (Animals and Fowl) Revisions (Staff Contact: James P. Page 2 of 17 (m)Vaccinate, Vaccinated, or Vaccination. The immunization of a dog against rabies, whether by inoculation, vaccination, or any other method of treatment approved by the County Health Officer. (n) Veterinarian. Any licensed veterinarian authorized to practice veterinary medicine in the State. (o) Guide Dog, Lead Dog or Hearing Dog. Any dog that is trained and serves as a guide dog for a blind person or that is trained and serves as a guide dog for a blind person or that is trained and serves as a lead dog or guide dog for a deaf person or a hearing-impaired person. A hearing dog means a dog trained to alert its owner by touch to sounds of danger and sounds to which the owner should respond. SEC. 2-5. POSITIONS OF ANIMAL CONTROL OFFICER CREATED. There is hereby created the position of Animal Control Officer, who shall have the power to enforce, Chapter 64, Title 3.2 Code of Virginia of 1950, as amended, all laws for the protection of domestic animals, the provisions of this ordinance and the Comprehensive Animal Laws of the Commonwealth of Virginia. There is also created the position of Deputy Animal Control Officer who shall assist the Animal Control Officer in dog inspection activities and in the enforcement of dog laws, animal control and protection laws of Virginia. When in uniform or upon displaying a badge or other credentials of office, Animal Control Officers and Deputy Animal Control Officers shall have the power to issue a summons to any person found in the act of violating any such law or any ordinance enacted pursuant to such law of the County for which the Animal Control Officer or Deputy Animal Control Officer is appointed. Animal Control Officers shall have knowledge of the comprehensive laws of Virginia governing animals, and basic animal care, and shall complete training as required by the Commonwealth as set forth in Section 3.2-6556 of the Code of Virginia. (B.S.M. 5-2-88) Upon taking into custody any dog, the Animal Control Officer or the Deputy Animal Control Officer shall fill out and complete in detail the Pittsylvania County Animal Custody Record, as then in current use, together with such signatures thereon as may be necessary. (B.S.M. 5-2-88) For authority of this section, refer to Section 3.2-6555, Code of Virginia, 1950, as amended. Adopted by the Board of Supervisors, 3/7/05. SEC. 2-6. AMOUNT OF LICENSE TAX. It shall be unlawful for any person to own a dog four (4) months old or older in this county unless such a dog is licensed, as required by the provisions of this ordinance. Dog licenses shall run by the calendar year, namely, from January 1st, to December 31st, inclusive, and the license tax shall be payable at the Office of the Treasurer and shall be: A. Male. For a male dog; tenfive ($105.00) dollars perfor dogs; and five ($5.00) dollars for neutered dogs per dog. B. Female. For a female dog; tenfive ($105.00) dollars perfor a female dog, and five ($5.00) dollars for an unsexed (successfully spayed) female. 10.A.1.b Packet Pg. 58 Attachment: Animal Code Revisions 2019 (1899 : Public Hearing: PCC Chapter 2 (Animals and Fowl) Revisions (Staff Contact: James P. Page 3 of 17 C. Kennel. (1). For a kennel of 1-20 dogs, forty ($40.00) dollars, regardless of sex. (2). For a kennel of 21 or more dogs, fifty ($50.00) dollars, regardless of sex. D. No license tax shall be levied against the owners of any guide dog, lead dog, or hearing dog. For authority of this section, refer to Section 3.2-6524, Code of Virginia, 1950, as amended. Adopted by the Board of Supervisors, 3/7/05. (B.S.M. 4/19/05) Amended 12/18/07. SEC. 2-7. WHEN LICENSE TAX PAYABLE. (a) On January 1st , and not later than January 31st, of each year the owner of any dog four (4) months old or older shall pay a license tax as prescribed in Section 2-6. (b) If a dog shall become four months of age or come into possession of any person between January 1st , and November 1st , of any year the license tax for the current calendar year shall be paid forthwith by the owner. (c) If a dog shall become four months of age or come into the possession of any person between October 31st, and December 31st, of any year the license tax for the succeeding calendar year shall be paid forthwith by the owner and this license shall protect the dog from the date of purchase. SEC. 2-8. PAYMENT OF LICENSE TAX SUBSEQUENT TO SUMMONS. Payment of the license tax subsequent to a summons to appear before a court for failure to pay the license tax within the time required should not operate to relieve such owner from the penalties provided. SEC. 2-9. EFFECT OF DOG NOT WEARING COLLAR AS EVIDENCE. Any dog not wearing a collar bearing a license tag of the proper calendar year shall prima facie be deemed to be unlicensed and in any proceedings under this ordinance the burden of proof of the fact that the dog has been licensed or is otherwise not required to bear a tag at that time, shall be on the owner of the dog. SEC. 2-10. HOW TO OBTAIN LICENSE. Any person may obtain a dog license by making oral or written application to the Treasurer of the County, accompanied by the amount of the license tax and certificate of vaccination as required by this article. The Treasurer of other Officer charged with the duty of issuing dog licenses shall only have authority to license dogs of resident owners or custodians who reside within the boundary limits of the county and may require information to this effect from the applicant. Upon receipt of proper application and certificate of vaccination as required by this article, the Treasurer or other Officer charged with the duty of issuing dog licenses shall issue a license receipt for the amount on which he shall record the name and address of the owner or custodian, the date of 10.A.1.b Packet Pg. 59 Attachment: Animal Code Revisions 2019 (1899 : Public Hearing: PCC Chapter 2 (Animals and Fowl) Revisions (Staff Contact: James P. Page 4 of 17 payment, the year for which issued, the serial number of the tag, whether male, unsexed female, female or kennel, and deliver the metal license tag or plate provided herein. The information thus received, shall be retained by the Treasurer and open to the public for inspection during the period for which such license is valid. The Treasurer may establish substations in convenient locations in the county and appoint agents for the collection of the license tax and issuance of such licenses. SEC. 2-11. WHAT DOG LICENSE SHALL CONSIST OF. A dog license shall consist of a license receipt and a metal tag. The tag shall be stamped or otherwise permanently marked to show the name Pittsylvania County, the sex of the dog, the calendar year for which issued and bear a serial number. SEC. 2-12. DUPLICATE LICENSE TAGS. If the dog license shall become lost, destroyed, or stolen, the owner of custodian shall at once apply to the Treasurer or his Agent who issued the original license for a duplicate license tag, presenting the original license receipt. Upon affidavit of the owner or custodian before the Treasurer or his Agent that the original license tag has been lost, destroyed, or stolen, he shall issue a duplicate license tag which the owner or custodian shall immediately affix to the collar of the dog. The Treasurer or his Agent shall endorse the number of the duplicate and the date issued on the face of the original license receipt. The fee for a duplicate tag shall be two ($2.00) dollars. (B.S.M. 4/19/05) SEC. 2-13. DISPLAYING RECEIPTS: DOGS TO WEAR TAGS. Dog license receipts shall be carefully preserved by the licensee and exhibited promptly on request for inspection any Animal Control Officer or other officer. Dog license tags shall be securely fastened to a substantial collar by the owner or custodian and worn by such dog. It shall be unlawful for the owner to permit any license dog four months old or older to run or roam at large at any time without a license tag. The owner of the dog may remove the collar and license tag required by this section (i) when the dog engaged in lawful hunting, (ii) when the dog is competing in a dog show, (iii) when the dog has a skin condition which would be exacerbated by the wearing of a collar, (iv) when the dog is confined, or when the dog is under immediate control of its owner. SEC. 2-14. DOGS DEEMED PERSONAL PROPERTY: RIGHTS RELATING THERETO. All dogs shall be deemed personal property and may be the subject of larceny and malicious or unlawful trespass. Owners may maintain any action for the killing of any such dogs, or injury thereto, or unlawful detention or use thereof as in the case of other personal property. The owner of any such dog which is injured or killed contrary to the provisions of this chapter by any person shall be entitled to recover the value thereof or the damage done thereto in an appropriate action at law from such person. Any Animal Control Officer or other officer finding a stolen dog, or a dog held or detained contrary to law. Shall have authority to seize and hold such dog pending action before the General District Court or other court. If no such action is instituted within seven days, the Animal Control Officer or other officer shall deliver the dog to its owner. The presence of a dog on the premises of a person 10.A.1.b Packet Pg. 60 Attachment: Animal Code Revisions 2019 (1899 : Public Hearing: PCC Chapter 2 (Animals and Fowl) Revisions (Staff Contact: James P. Page 5 of 17 other than its legal owner shall raise no presumption of theft against the owner and the Animal Control Officer may take such dog in charge and notify its legal owner to remove him. The legal owner of the dog shall pay a charge as specified by the Board of Supervisors for the keep of such dog while in the possession of the Animal Control Officer. SEC. 2-15. DOGS KILLING, INJURING, OR CHASING LIVESTOCK OR POULTRY. It shall be the duty of any Animal Control Officer or other officer who may find a dog in the act of killing or injuring livestock or poultry to kill such dog forthwith whether such dog bears a tag or not. Any person finding a dog committing any of the depredations mentioned in this section shall have the right to kill such dog on sight, as shall any owner of livestock or his agent finding a dog chasing livestock on land utilized by the livestock when the circumstances show that such chasing is harmful to the livestock. Any court shall have the power to order the Animal Control Officer or other officer to kill any dog known to be a confirmed livestock or poultry killer, and any dog killing poultry for the third time shall be considered a confirmed poultry killer. Any Animal Control Officer who has reason to believe that any dog is killing livestock or poultry shall be empowered to seize such dog solely for the purpose of examining such dog in order to determine whether it committed any of the depredations mentioned herewith. Any Animal Control Officer or other person who has reason to believe that any dog is killing livestock, or committing any of the depredations mentioned in this section, shall apply to a magistrate of the county, wherein such dog may be, who shall issue a warrant requiring the owner or custodian, if known, to appear before a general district court at a time and place named therein, at which time evidence shall be heard. If it shall appear that the dog is a livestock killer, or has committed any of the depredations mentioned in this section, the district court shall order that the dog be killed immediately, by the Animal Control Officer or other officer designated by the court. A. It shall be the duty of any animal control officer or other officer who may find a dog in the act of killing or injuring livestock or poultry to seize or kill such dog forthwith whether such dog bears a tag or not. Any person finding a dog committing any of the depredations mentioned in this section shall have the right to kill such dog on sight as shall any owner of livestock or his agent finding a dog chasing livestock on land utilized by the livestock when the circumstances show that such chasing is harmful to the livestock. Any court shall have the power to order the animal control officer or other officer to kill any dog known to be a confirmed livestock or poultry killer, and any dog killing poultry for the third time shall be considered a confirmed poultry killer. The court, through its contempt powers, may compel the owner, custodian, or harborer of the dog to produce the dog. B. Any animal control officer who has reason to believe that any dog is killing livestock or poultry shall be empowered to seize such dog solely for the purpose of examining such dog in order to determine whether it committed any of the depredations mentioned herein. Any animal control officer or other person who has reason to believe that any dog is killing livestock, or committing any of the depredations mentioned in this section, shall apply to a magistrate serving the locality wherein the dog may be, who shall issue a warrant requiring the owner or custodian, if known, to appear before a general district court at a time and place named therein, at which time evidence shall be heard. If it shall appear that the dog is a livestock killer, or has committed any of the depredations mentioned in this section, the district court shall order that the dog be (i) killed or 10.A.1.b Packet Pg. 61 Attachment: Animal Code Revisions 2019 (1899 : Public Hearing: PCC Chapter 2 (Animals and Fowl) Revisions (Staff Contact: James P. Page 6 of 17 euthanized immediately by the animal control officer or other officer designated by the court or (ii) removed to another state that does not border on the Commonwealth and prohibited from returning to the Commonwealth. Any dog ordered removed from the Commonwealth that is later found in the Commonwealth shall be ordered by a court to be killed or euthanized immediately. C. Notwithstanding the provisions of subsection B, if it is determined that the dog has killed or injured only poultry, the district court may, instead of ordering killing, euthanasia, or removal to another state pursuant to this section, order either (a) that the dog be transferred to another owner whom the court deems appropriate and permanently fitted with an identifying microchip registered to that owner or (b) that the dog be fitted with an identifying microchip registered to the owner and confined indoors or in a securely enclosed and locked structure of sufficient height and design to prevent the dog's escape; direct contact with the dog by minors, adults, or other animals; or entry by minors, adults, or other animals. The structure shall be designed to provide the dog with shelter from the elements of nature. When off its owner's property, any dog found to be a poultry killer shall be kept on a leash and muzzled in such a manner as not to cause injury to the dog or interfere with its vision or respiration, but so as to prevent it from biting a person or another animal. D. The legal owner of any dog confined by Animal Control pursuant to this section shall be liable to the County for any boarding fees, medical costs, or any other charges incurred or required during any holding period. SEC. 2-165(A). DOG KILLING OTHER DOMESTIC ANIMALS OTHER THAN LIVESTOCK OR POULTRY. Any Animal Control Officer who has reason to believe that any dog is killing other dogs or domestic animals other than livestock or poultry shall apply to a magistrate of the county for the issuance of a warrant requiring the owner or custodian, if known, to appear before the general district court at a specified time. The Animal Control Officer or owner shall confine the dog until such time as evidence shall be heard and a verdict rendered. If it appears from the evidence that the dog has habitually killed other dogs or domestic animals, the court may order the dog killed or removed to another state that does not border on the Commonwealth and prohibited from returning to the Commonwealth. Any dog ordered removed by the Commonwealth shall be ordered by a court to be killed or euthanized immediately. SEC. 2-16. KILLING UNLICENSED DOGS. It shall be the duty of the Animal Control Officer to kill any dog of unknown ownership found running at large on which license has not been paid; provided, that the Animal Control Officer may deliver such dog to any person in this county who will pay the required license fee on such dog, with the understanding that should the legal owner thereafter claim the dog and prove his ownership, he may recover such dog by paying to the person to whom it was delivered by the Animal Control Officer, the amount of the license fees paid by him and a reasonable charge for the keep of the dog while in his possession. Any person, Animal Control Officer, or other officer killing a dog under this chapter shall cremate or bury the same. SEC. 2-17. DISPOSAL OF DEAD DOGS. 10.A.1.b Packet Pg. 62 Attachment: Animal Code Revisions 2019 (1899 : Public Hearing: PCC Chapter 2 (Animals and Fowl) Revisions (Staff Contact: James P. Page 7 of 17 The owner of any dog, which has died from disease or other cause, shall forthwith cremate or bury the same. If, after notice, any owner fails to do so, the Animal Control Officer or other officer shall bury or cremate the dog, and he may recover on behalf of the county from the owner his cost for this service. SEC. 2-18. UNLAWFUL ACTS: PENALTIES. (a) The following shall be unlawful acts and constitute Class 4 misdemeanors: (1) False statements on license application. For any person to make a false statement in order to secure a dog license to which he is not entitled. (2) Failure to pay license tax. For any dog owner to fail to pay the license tax required by this chapter before February 1st, for the year in which it is due. (3) Running at large. For any dog owner to allow a dog to run at large in violation of Section 2- 19. (4) Dead Dogs. For any owner to fail to dispose of the body of his dog in violation of Section 2-17. (5) Diseased Dogs. For the owner of any dog with a contagious or infectious disease to permit such dog to stray from his premises if such disease is known to the owner. (6) Removing Collar and Tag. For any person, except the owner or custodian, to remove a legally acquired license tag from a dog. (7) Concealing a Dog. For any person to conceal or harbor any dog on which the license tax has not been paid, or to conceal a mad dog to keep the same form being killed. (8) Other violations. To permit a dog to chase motor vehicles on a public highway. (B.S.M. 5- 2-88) (B.S.M. 3-7-05) (b) The following act shall be punished as a Class 1 misdemeanor: False Claim. For any person to present a false claim or to receive any money on a false claim under the provisions of the Code of Virginia. SEC. 2-19. DANGEROUS DOGS AND VICIOUS DOGS. (a) As used in this section: “Dangerous dog” means a canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person or companion animal that is a dog or cat or killed a companion animal that is a dog or a cat. However, when a dog attacks or bites another dog or cat, the attacking or biting dog shall not be deemed dangerous (i) if no serious physical injury as determined by a licensed veterinarian has occurred to the other dog or cat as a result of the attack or bite (ii) both animals are owned by the same person, (iii) if such attack occurs on the property of the attacking or biting dog’s owner or custodian, or (iv) for other good cause as determined by the court. No dog shall be found to be a dangerous dog as a result of biting, attacking or inflicting 10.A.1.b Packet Pg. 63 Attachment: Animal Code Revisions 2019 (1899 : Public Hearing: PCC Chapter 2 (Animals and Fowl) Revisions (Staff Contact: James P. Page 8 of 17 injury on another dog while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event. (B.S.M. 4/17/07) “Vicious dog” means a canine or canine crossbreed that has (i) killed a person; (ii) inflicted serious injury to a person including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or (iii) continued to exhibit the behavior that resulted in a previous finding by a court or, on or before July 1, 2006, by an animal control officer as authorized by local ordinance, that it is a dangerous dog, provided that its owner has been given notice of that finding. No canine or canine crossbreed shall be found to be a dangerous dog or a vicious dog solely because it is a particular breed, nor shall the ownership of a particular breed of canine or canine crossbreed be prohibited. No animal shall be found to be a dangerous dog or vicious dog if the threat, injury or damage was sustained by a person who was (i) committing, at the time, a crime upon the premises occupied by the animal’s owner or custodian, (ii) committing, at the time, a willful trespass upon the premises occupied by the animal’s owner or custodian, or (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. No police dog that was engaged in the performance of its duties as such at the time of the acts complained of shall be found to be a dangerous dog or a vicious dog. No animal which, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, a person, or its owner’s or custodian’s property, shall be found to be a dangerous dog or a vicious dog. (b) Disposition of vicious dogs and dangerous dogs: (1) Any Law Enforcement Officer or Animal Control Officer who has reason to believe that a canine or canine crossbreed within his jurisdiction is a dangerous dog or vicious dog shall apply to a magistrate of the jurisdiction for the issuance of a summons requiring the owner or custodian, if known, to appear before a general district court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue. If a Law Enforcement Office successfully makes an application for issuance of a summons, he shall contact the local animal control officer and inform him of the location of the dog and the relevant facts pertaining to his belief that the dog is dangerous or vicious. The Animal Control Officer shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the Animal Control Officer determines or custodian can confine the animal in a manner that protects the public safety, he may permit that the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal. If, after hearing the evidence, the court finds that the animal is a dangerous dog, the court shall order the animal’s owner to comply with the provisions of this ordinance. If, after hearing the evidence, the court finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with the provisions of §3.2-6562, Code of Virginia, 1950, as amended, and the same from time to time be amended. 10.A.1.b Packet Pg. 64 Attachment: Animal Code Revisions 2019 (1899 : Public Hearing: PCC Chapter 2 (Animals and Fowl) Revisions (Staff Contact: James P. Page 9 of 17 (2) If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or legal guardian shall be responsible for complying with all requirements of this section. (3.) The owner of any animal found to be a dangerous dog shall, within ten (10) days of such finding, obtain a dangerous dog registration certificate from the local Animal Control Officer or treasurer for a fee of fifty ($50.00) dollars, in addition to other fees that may be authorized by law. The local Animal Control Officer or treasurer shall also provide the owner with a uniformly designed tag that identifies the animal as a dangerous dog. The owner shall affix the tag to the animal’s collar and ensure that the animal wears the collar and tag at all times. All certificates obtained pursuant to this subdivision shall be renewed annually for the same fee and in the same manner as the initial certificate was obtained. The Animal Control Officer shall provide a copy of the Dangerous Dog Registration Certificate and verification of compliance to the State Veterinarian. (4) All certificates or renewals thereof required to be obtained under this section shall only be issued to persons 18 years of age or older who present satisfactory evidence (i) of the animal’s current rabies vaccination, if applicable, (ii) that the animal has been neutered or spayed, and (iii) that the animal is and will be confined in a proper enclosure or is and will be confined inside the owner’s residence or is and will be muzzled and confined in the owner’s fenced-in yard until the proper enclosure is constructed. In addition, owners who apply for certificates or renewals thereof under this section shall not be issued a certificate or renewal thereof unless they present satisfactory evidence that (i) their residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property and (ii) the animal has been permanently identified by means of a tattoo on the inside thigh or by electronic implantation. All certificates or renewals thereof required to be obtained under this Section shall only be issued to persons who present satisfactory evidence that the owner has liability insurance coverage, to the value of at least one hundred thousand ($100,000.00) dollars that covers animal bites. The owner may obtain and maintain a bond in surety, in lieu of liability insurance, to the value of at least one hundred thousand ($100,000.00) dollars. (5) While on the property of its owner, an animal found to be a dangerous dog shall be confined indoors or in a securely enclosed and locked structure of height and design to prevent its escape or direct contact with or entry by minors, adults, or other animals. The structure shall be designed to provide the animal with shelter from the elements of nature. When off its owner’s property, an animal found to be a dangerous dog shall be kept on a leash and muzzled in such a manner as not to cause injury to the animal or interfere with the animal’s vision or respiration, but so as to prevent it from biting a person or another animal. (6) The owner of any dog found to be a dangerous shall register the animal with the Commonwealth of Virginia Dangerous Dog Registry, as established under Section 3.2-6542, within forty-five (45) days of such a finding by a court of competent jurisdiction. The owner shall also cause the local animal control officer to be promptly notified of (i) the names, addresses, and telephone numbers of all owners; (ii) all of the means necessary to locate the owner and the dog at any time; (iii) any complaint or incidents of attack by the dog upon any 10.A.1.b Packet Pg. 65 Attachment: Animal Code Revisions 2019 (1899 : Public Hearing: PCC Chapter 2 (Animals and Fowl) Revisions (Staff Contact: James P. Page 10 of 17 person or cat or dog; (iv) any claims made or lawsuits brought as a result of any attack; (v) tattoo or chip identification information or both; (vi) proof of insurance or surety bond; and (vii) the death of the dog. (7) After an animal has been found to be a dangerous dog, the animal’s owner shall immediately, upon learning of the same, notify the local animal control authority if the animal (i) is loose or unconfined; (ii) bites a person or attacks another person; (iii) is sold, given away, or dies. Any owner of a dangerous dog who relocates to a new address shall, within ten (10) days of relocating, provide written notice to the appropriate local animal control authority for the old address from which the animal had moved and the new address to which the animal has been moved. (8) All fees collected pursuant to the ordinance, less the costs incurred by the animal control authority in producing and distributing the certificates and tags required by the ordinance, shall be paid into a special dedicated fund in the treasury of the locality for the purpose of paying the expenses of any training course required under §3.2-6556, of the Code of Virginia, 1950, as the same may from time to time be amended. (9) The owner of any custodian of a canine or canine cross-breed or other animal is guilty of a: 1. Class 2 misdemeanor if the canine or the canine cross-breed previously declared a dangerous dog pursuant to this Section, when such declaration arose out of a separate and distinct incident, attacks and injures of kills a cat or dog that is a companion animal belonging to another person; 2. Class 1 misdemeanor if the canine or the canine cross-breed previously declared a dangerous dog pursuant to this Section, when such declaration arose out of a separate and distinct incident, bites a human being or attacks a human causing bodily injury; or 3. Class 6 felony as provided for in the Code of Virginia if any owner or custodian whose willful act or omission in the care, control or containment of a canine, canine cross- breed or other animal is so gross, wanton, and culpable as to show a reckless disregard for human life, and is the proximate cause of such dog or other animal attacking and causing serious bodily injury to a person. The provisions of this subsection shall not apply to any animal that, at the time of the acts complained of, was responding to pain or injury or was protecting itself, its kennel, its offspring, a person, or its owner’s or custodian’s property, or when the animal is a police dog that is engaged in the performance of its duties at the time of the attack. (10) The owner of any animal that has been found to be a dangerous dog who willfully fails to comply with the requirements of this Section shall be guilty of a Class 1 misdemeanor. (B.S.M. 4-17-07) (c) The Animal Control Officer may determine, after investigation, whether a dog is a dangerous dog. If the animal control officer believes that a dog is a dangerous dog, he may 10.A.1.b Packet Pg. 66 Attachment: Animal Code Revisions 2019 (1899 : Public Hearing: PCC Chapter 2 (Animals and Fowl) Revisions (Staff Contact: James P. Page 11 of 17 order the animal’s owner to comply with the provisions of this ordinance. If the animal’s owner disagrees with the Animal Control Officer’s determination, he may appeal the determination to the General District Court for a trial on the merits. Adopted by the Board of Supervisors, 3/7/05. (B.S.M. 4-17-07) (B.S.M.12-18-07) (B.S.M. 1-15-08) SEC. 2-20. COMPENSATION FOR LIVESTOCK AND POULTRY KILLED BY DOGS. Any person who has any livestock or poultry killed or injured by any dog not his own shall be entitled to receive as compensation the fair market value of such livestock or poultry not to exceed four hundred ($400.00) dollars per animal or ten ($10.00) dollars per fowl to the extent budgeted for the fiscal year, provided that (i) claimant has furnished evidence within Sixty (60) days of discovery of the quality and value of the dead or injured livestock and the reasons the claimant believes that death or injury was caused by a dog; (ii) the Animal Control Officer or other officer shall have conducted an investigation and that his investigation supports the claim (B.S.M. 5-2-88) (B.S.M. 4/19/05) Under this section, the County Administrator is authorized to receive claims for compensation for livestock and poultry killed by dogs, together with reports made by the Animal Control Officer investigating the killing of livestock and poultry by dogs. The County Administrator shall process the claim and determine the fair market value of the livestock or poultry killed, and, if the claim is supported by the warden’s investigation, shall approve the claim and submit the same to the Treasurer of Pittsylvania County for payment to the person entitled. (B.S.M. 5-2-88) SEC. 2-21. SEVERABILITY CLAUSE. It is hereby declared to be the intention of the Board of Supervisors that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of a Court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance. (Code 1975, Sec.1-3) SEC. 2-22. RUNNING AT LARGE RESTRICTIONS IN DESIGNATED AREAS. (a) Notwithstanding the provisions of Section 2-13, it shall be unlawful for any dogs, licensed or unlicensed to run at large within certain designated subdivisions, towns, villages, or other defined areas. (B.S.M. 4/19/05) (b) At least seventy-five percent (75%) of the property owners in any R-1 zoned subdivision, town, village, or other defined area within Pittsylvania County may petition the Board of Supervisors to be included among those areas within which it is unlawful for dogs to run at large. Only one (1) owner per property shall be counted towards the above-required percentage. The Petitioner shall be required to fully pay for any and all advertising costs associated with 10.A.1.b Packet Pg. 67 Attachment: Animal Code Revisions 2019 (1899 : Public Hearing: PCC Chapter 2 (Animals and Fowl) Revisions (Staff Contact: James P. Page 12 of 17 the Public Hearing on their petition. Upon receipt of such petition, the Board shall consider (1) whether the petition is signed by at least seventy-five (75%) percent of the property owners within the area, and (2) whether the area is well enough defined to permit adequate enforcement by the Animal Control Officer. Thereafter, the Board shall vote upon the petition. If a majority of the members of the Board vote in favor of the petition, the area designated therein shall be added to those on file in the County Administrator’s Office. If the Board approves the petition, the Petitioner shall pay the County for all costs associated with producing and installing the “no dogs running at large” signs. (B.S.M. 9/17/19) (c) The following areas shall be designated areas restricting dogs running at large. (1) Quailwood Subdivision, off Orphanage Road in the Mt. Hermon area as recorded in Map Book 43, Page 67 H, Section 2, Lots 1-26, 28 and 29. (2) Fairfield Park Subdivision, off Highway 41 in the Mt. Hermon area as shown on maps recorded in Map Book 14, Pg. 84, Sec. A, B, C, D; Pg. 31, Map Book 20, Pg. 65; Map Book 31, Pg. 98. (3) Ridgecrest Park Subdivision, off Highway 41 in the Mt. Hermon area as shown on maps recorded in Map Book 15, Pg. 51, Sec. A, B, C, D, E; Map Book 22, Pg. 17, Sec. A, B, C; Map Book 33, Page 41, Sec. B, F; Map Book 33, Pg. 42, Sec. G. (4) Olde Hunting Hills Subdivision, off Mt. Cross Road, Secondary Highway 750 as shown on maps recorded in Map Book 23, Pg. 93, Sec. K., Sec. L-Lt. 7A, Sec. B-Lt. 18A; Map Book 13; Pg. 94 Sec's A-1A-3A, B-1-6, C-1-3; Map Book 16, Pg. 8, Sec's A-4, 5, B-18-24, L-1-7; Map Book 26, Pg. 25, Sec's A, L, M; Map Book 37, Pg. 49, Sec's L, M, N; Map Book 39, Pg. 12, Sec's A, M, N, P; Map Book 40, Pg. 188, Sec's A, P; Map Book 14, Pg. 65, Sec's D, E. (5) Laurel Woods Subdivision, off Golf Club Road in the Mt. Hermon area as recorded in Map Book 21, Page 7, Sections A, B; Map Book 40, Page 17. (B.S.M. 7/19/05 effective 9/1/05) (6) Mountain View Place Subdivision, off R & L Smith Drive, State Route 863, as recorded in Deed Book 848, Page 748, Sections A & B, Plat Book 43, Page 148-L, Tax I.D. #125-A-47, Zoning R-1. (B.S.M. 9/20/05 effective 10/21/05). (7) Stoneridge Subdivision, off Pinecroft Road, State Road 747, as recorded in Deed Book 1176, Page 102; DB 1309, Pg 651; DB 1324, Pg 662; DB 1330, Pg 490; DB 1332, Pg 729; DB 1352, Pg 090; DB 1353, Pg 124; DB 1354, Pg 457; DB 1402, Pg 140; DB 1403, Pg 858; DB 1431, Pg 623; DB 1443, Pg 406; DB 1452, Pg 400; DB 1455, Pg 622; DB 1461, Pg 219; DB 1475, Pg 009; DB 1478, Pg 617; DB 1499, Pg 646; DB 1511, Pg 605; DB 1513, Pg 488; DB 1522, Pg 850. (B.S.M. 7/18/06) (8) A portion of Stony Mill Road, beginning at the intersection of SR 869 & SR 844 and ending at the Stony Mill Bridge at Sandy River. A map is available for viewing in the office of the County Administrator, 21 North Main Street, Chatham, Virginia. (9) Mt. Hermon Place Subdivision, from Samuel Road to the end of Pepper Lane, and the cul-desacs of Samuel Road, Samuel Ct., Samuel Bend, and Franklin Place as recorded in MB 10.A.1.b Packet Pg. 68 Attachment: Animal Code Revisions 2019 (1899 : Public Hearing: PCC Chapter 2 (Animals and Fowl) Revisions (Staff Contact: James P. Page 13 of 17 39, Pg 199; DB 840, Pg 323; MB 40, Pg 84; MB 43, Pg 139B; MB 43, Pg 26J; MB 39, Pg 55; MB 40, Pg 13; MB 42, Pg 193; MB 43, Pg 21C; MB 43, Pg 30G; MB 43, Pg 170B; MB 42, Pg 142. A map is available for viewing in the office of the County Administrator, 21 North Main Street, Chatham, Virginia. (B.S.M. 10/21/08 effective 11/03/08) (10) Huckleberry Hills Subdivision, from Blue Ridge Drive/SR 634 to end of Banley Street/SR 980, as recorded in DB 1191, Pg 581; DB 1191, Pg 578; DB 606, Pg 164; DB 587, Pg 113; DB 1268, Pg 052; DB 1463, Pg 643; DB 1202, Pg 782; DB 586, Pg 46; DB 998, Pg 609; DB 533, Pg 583; DB 557, Pg 487; DB 1025, Pg 004; DB 894, Pg 124; DB 551, Pg 547; WF 09, Pg 00134; including 250 feet around 125 Banleys Street #2532-73-2915 in the Staunton River District, A map is available for viewing in the office of the County Administrator, 21 North Main Street, Chatham, Virginia. (B.S.M. 5/19/09) (11) Dogwood Estates Subdivision including the entire subdivision from Ridgecrest Drive (SR 744), along Dogwood Lane (SR 1540), along all of Maple Drive (SR 1541), along all of John Drive (SR 1558) and to the end of Allen Place (SR 1559) as recorded in MB 43, Pg 63C; MB 29, Pg 53 MB 43, Pg 156K; MB 43, Pg 156J; Plat Cabinet 2, Pg 232C. A map is available for viewing in the office of the County Administrator, 21 North Main Street, Chatham, Virginia. (B.S.M. 4/17/12) (12) Wayside Acres Subdivision, from Hillside Road (Route 1115), to Hogan Street, to Ridgeview Road (Route 1114) MB 2, Pg 100, including Ollie S. Short Subdivision, DB 415, Pg 344 and Pg 345. A Map is available for viewing in the Office of the County Administrator, located at 1 Center Street, Chatham, Virginia. (B.S.M. 11/05/12) (13) Sunset Bay Subdivision, from Rose Street (SR 758) to the Sandy Court cul-de-sac, along Sunset Bay Road to the Crestview Lane cul-de-sac as recorded in MB 43, Pg. 287E; MB 43, Pg. 251G and MB 43, Pg. 251H. A Map is available for viewing in the Office of the County Administrator, located at 1 Center Street, Chatham, Virginia. (B.S.M. 2/19/2013) (14) Lakeside Drive the entire length Lakeside Drive coming off U.S. 29N thru its entire length of 2051.18 feet upon reaching the dead-end, in the Banister Electoral District. A Map is available for viewing in the Office of the County Administrator, located at 1 Center Street, Chatham, Virginia. (B.S.M. 1/21/14) (15) Restriction in Designated Areas, to include Jasper Woods Road in Hurt, Virginia, with a controlled area defined as from Highway View Road/SR 988 to Jasper Wood Road/ SR 753, and ending at Shula Drive/SR 642. (B.S.M. 12/15/2015) (16) Restriction to include the entirety of Green Farm Road/SR 719 in the Banister and Dan River Election Districts. (B.S.M. 12/09/2017) SEC. 2-23. FEMALES IN SEASON RUNNING AT LARGE. It shall be unlawful for the owner of any female dog to permit such dog to stray from his premises, while such dog is known to such owner to be in season. During the entire time such dog is in season she shall be confined, restricted or penned up in a building or a secure enclosure adequate 10.A.1.b Packet Pg. 69 Attachment: Animal Code Revisions 2019 (1899 : Public Hearing: PCC Chapter 2 (Animals and Fowl) Revisions (Staff Contact: James P. Page 14 of 17 to prevent the animal from running at large. Tethering of a female dog in season not under the direct supervision and control of the owner or custodian shall not be considered adequate confinement. For authority of this section, refer to Section 3.2-6538, Code of Virginia, 1950, as amended. Adopted by the Board of Supervisors, 3/7/05. SEC. 2-24. IMPOUNDMENT WHERE RUNNING AT LARGE. (a) It shall be the duty of the Animal Control Officer or other officer to cause any dog found running at large in violation of any provisions of this Chapter to be caught and confined in the County animal shelter. Every effort shall be made on the part of such officer to determine ownership of the confined dog and to notify the owner of its whereabouts. If the owner is known by the virtue of a nametag, license or other identification on the dog, such owner shall be notified forthwith by the person taking the dog into custody. (b) A dog confined, pursuant to this Chapter may be claimed by the rightful owner, after displaying proof of ownership, a current dog tag and current rabies inoculation proof. No dog shall be released to any person claiming ownership, unless such tag and proof are displayed. Any owner claiming a dog impounded under this Chapter shall pay to the person in charge of the animal shelter a fee in an amount equal to the actual expenses incurred in keeping the dog impounded. Such fee shall be in addition to any penalty imposed for the violation of this article and shall be paid prior to release of the dog from the shelter. The County Animal Shelter collecting such fee shall furnish the owner of the dog with a printed receipt, in a form and manner approved by the County Administrator and shall keep an electronic copy of all such receipts. These funds shall be tracked and turned over to the County Treasurer with normal deposits. Records of these charges collected shall be subject to audit by representatives of the Board of Supervisors whenever requested. (c) Dogs impounded under this Chapter may be disposed of after a waiting period of seven (7) days from the time notice was given to the owner or, if the owner cannot be located, seven (7) days after impoundment. Nothing herein shall be construed to prohibit the destruction of critically ill or critically injured dogs for humane purposes. An animal confined pursuant to this section shall be kept for a period of not less than five (5) days, such period to commence on the day immediately following the day the animal is initially confined in the facility, unless sooner claimed by the rightful owner thereof. The operator or custodian of the public animal shelter shall make a reasonable effort to ascertain whether the animal has a collar, tag, license, tattoo, or other form of identification. If such identification is found on the animal, the animal shall be held for an additional five (5) days, unless sooner claimed by the rightful owner. If the rightful owner of the animal can be readily identified, the operator or custodian of the shelter shall make a reasonable effort to notify the owner of the animal's confinement within the next 48 hours following its confinement. (d) Nothing contained in this section shall be construed to prohibit the destruction of critically ill or critically injured dogs for humane purposes. SEC. 2-25. EVIDENCE SHOWING INOCULATION FOR RABIES PREREQUISTE TO OBTAINING DOG LICENSE. 10.A.1.b Packet Pg. 70 Attachment: Animal Code Revisions 2019 (1899 : Public Hearing: PCC Chapter 2 (Animals and Fowl) Revisions (Staff Contact: James P. Page 15 of 17 No license tag shall be issued for any dog unless there is presented, to the Treasurer or other officer of the county charged by law with the duty of issuing license tags for dogs at the time application for license is made, evidence satisfactory to him showing that such dog has been inoculated or vaccinated against rabies by a currently licensed Veterinarian or currently licensed Veterinary Technician who was under the immediate and direct supervision of a licensed Veterinarian on the premises. For authority of this section, refer to Section 3.2-6526, Code of Virginia, 1950, as amended. Adopted by the Board of Supervisors, 3/7/05. SEC. 2-25.1. RABIES INOCULATION OF DOGS; AVAILABILITY OF CERTIFICATE. The owner or custodian of all dogs four (4) months of age and older shall have them currently vaccinated for rabies by a licensed Veterinarian or licensed Veterinary Technician who is under the immediate and direct supervision of a licensed Veterinarian on the premises. The supervising Veterinarian on the premises shall provide the owner of the dog with a certificate of vaccination. The owner of the dog shall furnish within a reasonable period of time, upon the request of an Animal Control Officer, Humane Investigator, Law-enforcement Officer, State Veterinarian's Representative, or official of the Department of Health, the certificate of vaccination for such dog. The vaccine used shall be licensed by the United States Department of Agriculture for use in that species. For authority of this section, refer to Section 3.2-6521, Code of Virginia, 1950, as amended. Adopted by the Board of Supervisors, 3/7/05. SEC. 2-26. LACK OF CONTROL OF COMPANION ANIMAL ORDINANCE. A. Lack of control of a companion animal is created when any dog, cat, canine crossbreed, or other companion animal, as defined by § 3.2-6500, Code of Virginia, 1950, as amended, unreasonably annoys humans, endangers the life or health of other animals or persons, or substantially interferes with the rights of citizens, other than their owners, to the enjoyment of life or property. Acts constituting a lack of control of a dog, cat, canine crossbred, or other companion animal shall include, but are not limited to, the following: (1) Trespassing upon another’s property in such a manner as to damage property; (2) Habitually running at large in a restricted area (meaning three (3) or more convictions for running at large within two (2) years); (3) Molesting, annoying, or intimidating pedestrians or passersby not located on the companion animal’s owner’s property; (4) Defecating without permission of the property owner upon any public place or upon premises not owned or controlled by the owner unless promptly removed by the animal's owner; or (5) Being found at large on any school property. B. Any person owning or having possession or control of an animal suspected of violating this Ordinance shall be proceeded against by warrant or summoned before the General District Court 10.A.1.b Packet Pg. 71 Attachment: Animal Code Revisions 2019 (1899 : Public Hearing: PCC Chapter 2 (Animals and Fowl) Revisions (Staff Contact: James P. Page 16 of 17 of the County to show cause why the animal should not be confined, euthanized, removed, or the public nuisance otherwise abated. C. The Animal Control Officer, owner, or custodian shall confine the animal until the Court has made a final decision in the case. If the Animal Control Officer deems confinement necessary, then the owner or custodian shall be responsible for the impound fees. D. Upon proof that such animal has violated this Ordinance, the animal shall, by General District Court Order, be confined, euthanized, removed, or the public nuisance shall be otherwise abated, as the Court shall Order. No person shall fail to comply with such an Order. E. Violation of Subsections A(3), A(4), or A(5) of this Section is a Class 1 Misdemeanor. Violation of any other provision of this Ordinance is a Class 3 Misdemeanor. F. This Ordinance shall not apply to non-companion animals, livestock, poultry, alpacas, and llamas; any person while engaged in law enforcement or search and rescue activity; in a supervised formal obedience training class or show; during formally sanctioned field trials; while engaged in lawful hunting with a dog or dogs during open season; during bona fide hunting or field trial dog training, and/or dogs actively engaged in farming activity. G. Enforcement. No person shall be charged with a violation of § A herein, unless the Complainant appears before a Magistrate and requests a Summons or Warrant be issued charging the violation; except that, when a violation is committed in the presence of an Animal Control Officer, said Officer may issue a Summons and take other action as set forth in this Ordinance. (B.S.M. 7/16/2019) Article III. CATS SEC. 2-30. VACCINATION OF CATS; CERTIFICATE REQUIRED; IMPOUNDMENT OF UNVACCINATED CATS. (a) It shall be unlawful for any person to own, keep or harbor any domestic cat over the age of four (4) months unless such cat has been vaccinated against rabies with a species appropriate vaccine approved by the United States Department of Agriculture and administered by a licensed Veterinarian, and has received any required vaccination against rabies as specified in the Certificate of Vaccination. (b) Upon vaccination or revaccination of a domestic cat as required by this Section, a Certificate of Vaccination, properly executed and signed by the licensed Veterinarian performing the vaccination, shall be issued to the cat’s owner by the Veterinarian, who shall retain a copy of the Certificate for his or her records. (c) The certificate issued pursuant to paragraph (B) of this section shall be NASPHV Form number 50 or its equivalent, or as the same shall be from time to time modified, and shall certify that the cat has been vaccinated in accordance with this article, and shall include the following information: 1. The date of the vaccination 10.A.1.b Packet Pg. 72 Attachment: Animal Code Revisions 2019 (1899 : Public Hearing: PCC Chapter 2 (Animals and Fowl) Revisions (Staff Contact: James P. Page 17 of 17 2. The date for required revaccination 3. A brief description of the cat or its age, sex and breed; and 4. The name and address of the animal’s owner. (d) The certificate issued pursuant to subsection (B) of this section shall be preserved by the owner of the cat and exhibited promptly upon request for inspection by the Animal Control Officer or any Law enforcement officer. (e) Any person bringing a domestic cat into the County from some other jurisdiction shall be required to conform with the provisions of subsection (A) above within fifteen (15) days subsequent to bringing such cat into the County. (f) It shall be the duty of the persons charged with the enforcement of this chapter to impound any cat which has not been vaccinated as required by the Section, and such cat shall be held for a period of not less than five (5) days, unless the cat is rabid or suspected of being rabid, in which case the cat shall be destroyed humanely and preserved and tested in accordance with acceptable Health Department procedures. Community cats displaying the signature ear tip shall not be impounded in the enforcement of this section. (g) Any cat impounded pursuant to the Section which is not rabid or suspected of being rabid may be redeemed by its owner at any time within the five (5) days following its impoundment by paying an impoundment fee established annually by the Board of Supervisors in its approved fees schedule. If the rightful owner is identified and chooses to surrender their cat, they are still responsible for any accrued fees until the date of the surrender. If the cat is unclaimed after a period of ten (10) days, the cat shall become the property of the County Intake Shelter for disposition. of fifteen dollars ($15.00) plus five dollars ($5.00) for each day or fraction thereof during which the cat was impounded and the cost of any vaccination required to comply with this Section, otherwise such cat shall be disposed of as is provided by law. For authority for this Section, see Section 3.2-6524, Code of Virginia, 1950, as amended. (Adopted by the Board of Supervisors on July 16, 2002) 10.A.1.b Packet Pg. 73 Attachment: Animal Code Revisions 2019 (1899 : Public Hearing: PCC Chapter 2 (Animals and Fowl) Revisions (Staff Contact: James P. Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Mid-Year Budget Adjustments Approval (Staff Contact: Kimberly G. Van Der Hyde) Staff Contact(s): Kimberly G. Van Der Hyde Agenda Date: January 27, 2020 Item Number: 11.a Attachment(s): DEC EXP REFUNDS Reviewed By: 11.a Packet Pg. 74 FINANCE DEPARTMENT P.O. Box 426 • 1 Center Street Chatham, Virginia 24531 Phone (434) 432-7742 _______________________________________________________________________________________________________ BUSINESS SAVVY. PEOPLE FRIENDLY. Kimberly G. Van Der Hyde, Finance Director kim.vanderhyde@pittgov.org MEMO TO: David M. Smitherman County Administrator FROM: Kim Van Der Hyde Finance Director SUBJECT: Mid-Year Budget Amendments DATE: January 22, 2020 The list below shows adjustments that need to be made to the FY2020 budget that have not previously been appropriated. I am recommending that all of the following amendments be appropriated by the Board of Supervisors: 100-4-031200-5878 Halloween-Contributions 12,038.00 Donation for the Sheriff’s annual Halloween Event (100-3-000000-189913) 100-4-031200-5882 Project Lifesaver-Donations 400.00 Donation for the Sheriff’s Project Lifesaver program (100-3-000000-189903) 100-4-031200-6002 DARE-Contributions 4,000.00 Donation for the Sheriff’s DARE program (100-3-000000-189915) 100-4-021600-3320 Clerk of Court-Svc Contract 16,271.98 Office Equipment Technology Trust Funds (100-3-000000-230700) 201-4-053100-3310 DSS-Repairs & Maintenance 3,432.05 Insurance Claims (201-3-000000-180301) 250-4-094257-8102 Community Foundation 10,000.00 Public Safety Grant for CR2 AEDs for Government Buildings In the County 11.a.a Packet Pg. 75 Attachment: DEC EXP REFUNDS (1906 : Mid-Year Budget Adjustments Approval) FINANCE DEPARTMENT P.O. Box 426 • 1 Center Street Chatham, Virginia 24531 Phone (434) 432-7742 _______________________________________________________________________________________________________ BUSINESS SAVVY. PEOPLE FRIENDLY. Kimberly G. Van Der Hyde, Finance Director kim.vanderhyde@pittgov.org 251-4-353884-5260 Pathways-Contractual Services 3,617.83 Insurance Claims (201-3-000000-180301) 325-4-081500-8223 Economic Dev-Ind Prospects 9,916.66 DRF Grant Reimbursement (325-3-000000-180313) 416-4-094416-8102 E911 Tower Project 2,675.00 Gov Deals-Sale of Equipment (416-3-000000-180301) 520-4-042300-5305 Motor Vehicle Insurance 2,190.00 Gov Deals-Sale of Equipment (520-3-000000-180301) 520-4-094110-8133 Landfill-Compactor Site Imp 10,900.00 Gov Deals-Sale of Equipment (520-3-000000-150215) TOTAL MID-YEAR BUDGET ADJUSTMENTS $75,441.52 11.a.a Packet Pg. 76 Attachment: DEC EXP REFUNDS (1906 : Mid-Year Budget Adjustments Approval) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Work Force Investment Board Grant Appropriation (Staff Contact: Kimberly G. Van Der Hyde) Staff Contact(s): Kimberly G. Van Der Hyde Agenda Date: January 27, 2020 Item Number: 11.b Attachment(s): Harvest Foundation Grant Reviewed By: 11.b Packet Pg. 77 11.b.a Packet Pg. 78 Attachment: Harvest Foundation Grant (1909 : Work Force Investment Board Grant Appropriation) 11.b.a Packet Pg. 79 Attachment: Harvest Foundation Grant (1909 : Work Force Investment Board Grant Appropriation) 11.b.a Packet Pg. 80 Attachment: Harvest Foundation Grant (1909 : Work Force Investment Board Grant Appropriation) 11.b.a Packet Pg. 81 Attachment: Harvest Foundation Grant (1909 : Work Force Investment Board Grant Appropriation) 11.b.a Packet Pg. 82 Attachment: Harvest Foundation Grant (1909 : Work Force Investment Board Grant Appropriation) 11.b.a Packet Pg. 83 Attachment: Harvest Foundation Grant (1909 : Work Force Investment Board Grant Appropriation) 11.b.a Packet Pg. 84 Attachment: Harvest Foundation Grant (1909 : Work Force Investment Board Grant Appropriation) 11.b.a Packet Pg. 85 Attachment: Harvest Foundation Grant (1909 : Work Force Investment Board Grant Appropriation) 11.b.a Packet Pg. 86 Attachment: Harvest Foundation Grant (1909 : Work Force Investment Board Grant Appropriation) 11.b.a Packet Pg. 87 Attachment: Harvest Foundation Grant (1909 : Work Force Investment Board Grant Appropriation) 11.b.a Packet Pg. 88 Attachment: Harvest Foundation Grant (1909 : Work Force Investment Board Grant Appropriation) 11.b.a Packet Pg. 89 Attachment: Harvest Foundation Grant (1909 : Work Force Investment Board Grant Appropriation) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Planning Commission Appointment (Nathan Harker); (Supervisor Dudley) Staff Contact(s): Supervisor Dudley Agenda Date: January 27, 2020 Item Number: 12.a Attachment(s): Reviewed By: SUMMARY: At the Board’s recent Reorganizational Meeting, Supervisor Dudley was appointed as the Board’s representative on the Planning Commission. This leaves the Staunton River District seat vacant. Mr. Dudley desires to appoint Nathan Harker to the Planning Commission as the Staunton River District Representative to fill his unexpired term beginning on January 27, 2020, and expiring on October 31, 2021. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends Mr. Harker’s appointment to the Planning Commission. MOTION: “I make a Motion to appoint Nathan Harker to the Planning Commission as the Staunton River District Representative for a term beginning on January 27, 2020, and expiring on October 31, 2021.” 12.a Packet Pg. 90 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: DSS Board Appointment (Bob Carlberg); (Supervisor Dudley) Staff Contact(s): Supervisor Dudley Agenda Date: January 27, 2020 Item Number: 12.b Attachment(s): Reviewed By: SUMMARY: The Staunton River District Seat is vacant on the Department of Social Services (“DSS”) Board. Supervisor Dudley desires to appoint Bob Carlberg to serve as the Staunton River District Representative on the DSS Board for a 4 (four)-year term beginning on January 27, 2020, and ending on January 2024. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends appointing Mr. Carlberg to the DSS Board as the Staunton River District Representative. MOTION: “I make a Motion to appoint Bob Carlberg to the DSS Board as the Staunton River District Representative for a 4 (four)-year term beginning on January 27, 2020, and ending on January 2024.” 12.b Packet Pg. 91 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: CPMT Alternate Appointment (David Gusler); (Staff Contact: Cheryl J. Boswell) Staff Contact(s): Cheryl J. Boswell Agenda Date: January 27, 2020 Item Number: 12.c Attachment(s): CPMT - Monica Karavanic Reviewed By: SUMMARY: Monica Karavanic is a CPMT Board Member, but due to work and personal conflicts, is not always able to attend every CPMT Meeting. Thus, Ms. Karavanic desires an alternate, David Gusler, be appointed for the 2020 year. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board appoint David Gusler to the CPMT Board as an alternate for Ms. Karavanic. MOTION: “I make a Motion to appoint David Gusler to the CPMT Board as an alternate for Ms. Karavanic.” 12.c Packet Pg. 92 12.c.a Packet Pg. 93 Attachment: CPMT - Monica Karavanic (1917 : CPMT Alternate Appointment; David Gusler (Staff Contact: Cheryl J. Boswell)) 12.c.a Packet Pg. 94 Attachment: CPMT - Monica Karavanic (1917 : CPMT Alternate Appointment; David Gusler (Staff Contact: Cheryl J. Boswell))