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03-17-2020 Business Meeting Packet
BOARD OF SUPERVISORS BUSINESS MEETING Tuesday, March 17, 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. County Government Month Proclamation (Staff Contact: Kaylyn M. McCluster) c. VDOT Road Funding Project May Public Hearing Authorization (Staff Contact: Kaylyn M. McCluster) d. Resolution # 2020-03-01: Creek Week 2020 (Staff Contact: Kaylyn M. McCluster) e. Resolution # 2020-03-02: Kentuck Volunteer Fire Department Tax Exempt Usage Approval (Staff Contact: Christopher C. Slemp) f. SCS Cell Tower Lease Approval (Staff Contact: Kimberly G. Van Der Hyde) g. BOS By-law Revisions Adoption (Staff Contact: J. Vaden Hunt, Esq.) h. Appointment of Acting Building Official (Staff Contact: Richard N. Hicks) i. Waiver of Solid Waste Tipping Fees (Staff Contact: Richard N. Hicks) j. Coles' Hill Pet Center Benefit Trail Ride Contract Approval (Staff Contact: James P. McLaughlin) Business Meeting - March 17, 2020 k. Purchase of Service Weapon (Contact: Sheriff Taylor) 8. PRESENTATIONS a. Isaiah Griffin Recognition Presentation (Contact: Supervisor Farmer) b. Elijah Moshenek Recognition Presentation (Contact: Supervisor Davis) c. Arlene Davis Recognition Presentation (Contact: Supervisor Dudley) 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. Rezoning Public Hearings Pursuant to Article V, Division 6, of the Pittsylvania County Zoning Ordinance, the Board of Supervisors have been empowered to hear and decide specific zoning issues and zoning map changes in support of said Ordinance. In accomplishing this important task, the Board is responsible for promoting the health, safety, and general public welfare of the citizens of Pittsylvania County. The Board must ensure that all of its decisions and regulations be directed to these goals and that each be consistent with the environment, the comprehensive plan, and in the best interest of Pittsylvania County, its citizens, and its posterity. Case 1: Public Hearing: Rezoning Case R-20-003; Julie M. Owen; Dan River Election District; R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Contact: Supervisor Davis) Case 2: Public Hearing: Rezoning Case R-20-004; Derek T. Maddox; Staunton River Election District, RC-1, Residential Combined Subdivision District, to A-1, Agricultural District (Contact: Supervisor Dudley) B. Other Public Hearings Each person addressing the Board under a Public Hearing shall step up, give his/her name and district, and/or his/her place of residency for non-County citizens, in an audible tone of voice for the record, and unless further time is granted by the Chairman, shall limit his/her address to three (3) minutes; speakers for a group shall be Business Meeting - March 17, 2020 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: Land Use Forms Due Date Changes; PCC Chapter 6 Revisions (Staff Contact: J. Vaden Hunt, Esq.) 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. APPOINTMENTS 14. MATTERS FROM WORK SESSION (IF ANY) a. Matters from Closed Session 15. BOARD MEMBER REPORTS 16. COUNTY ADMINISTRATOR REPORTS 17. 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: March 17, 2020 Item Number: 7.a Attachment(s): 02-18-2020 Joint Meeting - DRAFT 02-18-2020 Work Session - DRAFT 02-18-2020 Business Meeting - DRAFT Reviewed By: 7.a Packet Pg. 4 Joint Meeting February 18, 2020 Joint Meeting of the Pittsylvania County Board of Supervisors and the Pittsylvania County School Board Tuesday, February 18, 2020 VIRGINIA: The Joint Meeting of the Pittsylvania County Board of Supervisors and the Pittsylvania County School Board was held on Tuesday, February 18, 2020, in the Main Conference Room of the County Administration Building in Chatham, Virginia 24531. Robert W. Warren, Chairman, called the Meeting to Order at 3:30 p.m. The following Board Members were present: Joe B. Davis Timothy W. Dudley Ben L. Farmer William “Vic” Ingram Charles H. Miller, Jr. Ronald S. Scearce Robert W. Warren The following School Board Members were present: J. Samuel Burton Calvin D. Doss George V. Henderson Don C. Moon Cassandra F. Crump Raymond C. Ramsey Kevin W. Mills Approval of Agenda Motion by Dr. Miller, seconded by Mr. Scearce, to approve Agenda, which was unanimously approved by Board Members present. New Business (a) Review of School Division’s Budget Requests Dr. Mark Jones, Superintendent of Pittsylvania County Schools, presented to the Board the School’s Budget Requests for the upcoming year. Dr. Jones highlighted some information about the School Division. There are twenty (20) schools with approximately 9,000 students. There are 1,537 part-time and full-time employees and 200 buses that travel approximately 2 million miles annually. The County Schools have eighteen (18) of eighteen (18) schools meeting full accreditation requirements, which gives them 100% compared to the State average of 92%. He also highlighted the Nationally Recognized Schools of Mt. Airy Elementary, Tunstall High, and Union Hall Elementary as being Blue Ribbon Schools. There were eight (8) divisions and 175 schools who earned the Board of Education Distinguished Achievement Award and three (3) were in the County’s School Division. They were John L. Hurt Elementary, Tunstall High, and Union Hall Elementary. 7.a.a Packet Pg. 5 Attachment: 02-18-2020 Joint Meeting - DRAFT (1948 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Joint Meeting February 18, 2020 Mt. Airy Elementary and Union Hall Elementary also earned the 2019 Board of Education Continuous Improvement Award. Dr. Jones also spoke on their STAR Program that is located inside of Chatham Elementary and Chatham Middle Schools. There was a total CSA savings of $1,183,747 in 2019-2020 due to this Program. Their Ready for Success Program has two (2) teachers, two (2) aides, two (2) child specific assistants, and one (1) therapeutic counselor. This Program has had a CSA funding savings of $3,010,000. Ms. Worley presented the School’s Budget information and stated the additional anticipated State revenues from the Governor’s proposed FY20 - 21 Budget is $3,485,14.02. The Schools total proposed operating Budget for FY20-20 is $94,637,567.84. The desired priorities for the FY20 - 21 Budget are the final phase implementation of the Compensation Study and a step for June 20, 2019 and 2020, two (2) licensed clinical social workers, two (2) attendance clerks, non-SOL tutoring, two (2) teaching positions, one (1) PCTC teaching position, replace computers in School Administrative Offices, upgrade and replace security cameras throughout the division, maintenance operating expenses, school security administration fee increase (10.5%), and PCTC clerical assistance. These priorities total $4,080,584.02. The additional local funds needed to meet the School Board priorities is $1,337,500. Ms. Worley also stated HB 395 and SB 7 propose an increase to the minimum wage to $10 per hour effective July 1, 2020, with a phase-in to $15 per hour by July 1, 2025. This could cause a potential cost to PCS in FY20-21 of $337,800 that is not included in the priorities. Dr. Jones also stated that Kentuck Elementary School has mobile units and many students receive their daily instruction there. Some students are not able to use Chromebooks to do a varied number of activities like their other peers inside the building, because there is currently no Wifi in those units. Dr. Jones also stated the High School ball fields need new upgraded lighting and poles to meet the current recommended standards and this would come at a cost of $1,436,000. Mr. Warren asked if the Schools had reached out to DRF to see if they would be wiling to help fund this project. Dr. Jones stated they had not, but they would reach out to see what the possibilities are. There was consensus of both Boards for Mr. Smitherman and Dr. Jones to get together and investigate those possibilities. Adjournment Mr. Warren adjourned the Meeting at 4:17 PM. 7.a.a Packet Pg. 6 Attachment: 02-18-2020 Joint Meeting - DRAFT (1948 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) February 18, 2020 Work Session Pittsylvania County Board of Supervisors Work Session February 18, 2020 VIRGINIA: The Work Session of the Pittsylvania County Board of Supervisors was held on February 18, 2020, in the Main Conference Room, County Administration Building, Chatham, Virginia 24531. Chairman - Chatham Blairs District, Robert W. "Bob" Warren, called the Meeting to Order at 4:30 PM. The following Members were present: CALL TO ORDER (4:30 PM) Attendee Name Title Status Arrived Robert W. "Bob" Warren Chairman - Chatham Blairs District Present 4:21 PM Ronald S. Scearce Vice-Chairman - Westover District Present 4:28 PM Joe B. Davis Supervisor - Dan River District Present 4:25 PM Timothy W. Dudley Supervisor - Staunton River District Present 3:26 PM Ben L. Farmer Supervisor - Callands-Gretna District Present 4:21 PM William "Vic" Ingram Supervisor - Tunstall District Present 4:29 PM Charles H. Miller Supervisor - Banister District Present 4:23 PM AGENDA ITEMS TO BE ADDED APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Charles H. Miller, Supervisor - Banister District SECONDER: Timothy W. Dudley, Supervisor - Staunton River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller PRESENTATIONS STAFF, COMMITTEE, AND/OR CONSTITUTIONAL OFFICER REPORTS a. Monthly Department Spotlight (IT); (Staff Contact: Scott Budd); (15 minutes) Mr. Budd gave an overview of his Department and everything it does for the County. Information Technology provides and supports all network equipment such as switches, firewalls and servers, network access, and remote access via VPN. IT also provides support for phone and email access to all County Departments and Constitutional Offices, as well as support the County issued cell phones and iPad’s and supports end user workstations and provide software support. b. Smart Scale Applications Submission Discussion (Staff Contact: Richard N. Hicks); (15 minutes) Mr. Hicks reviewed Smart Scale Projects with the Board. The Board decided to choose Project No. 1, Route 40 and McBride Lane - Primary System; Project No. 5, US 29 at Lawless Creek Road Long Term; Project No. 6, US 29 at Malmaison Road Long Term; and Project No. 7, US 7.a.b Packet Pg. 7 Attachment: 02-18-2020 Work Session - DRAFT (1948 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors February 18, 2020 Work Session 29 at Tightsqueeze Road, to submit for consideration. Motion to submit Project 1, 5, 6, and 7 for consideration. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, Vice-Chairman - Westover District SECONDER: Ben L. Farmer, Supervisor - Callands-Gretna District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller BUSINESS MEETING DISCUSSION ITEMS CLOSED SESSION a. Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. (Staff Contact: J. Vaden Hunt. Esq.) (1) Legal Authority: Virginia Code Section 2.2-3711(A)(8) Subject Matter: County/Sheriff Cooperative Agreement Purpose: Consultation with Legal Counsel Regarding County/Sheriff Cooperative Agreement Motion to enter Closed Session. The Board entered Closed Session at 5:05 PM. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, Vice-Chairman - Westover District SECONDER: William "Vic" Ingram, Supervisor - Tunstall District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller RETURN TO OPEN SESSION & CLOSED SESSION CERTIFICATION a. Closed Session Certification The Board returned to Open Session at 6:34 PM and the following Certification was recorded. CLOSED MEETING CERTIFICATION BE IT RESOLVED that at the Meeting of the Pittsylvania County Board of Supervisors on February 18, 2020, the Board hereby certifies by a recorded vote that to the best of each Board Member’s knowledge only public business matters lawfully exempted from the Open Meeting requirements of the Virginia Freedom of Information Act (the “Act”) and identified in the Motion authorizing the Closed Meeting were heard, discussed, or considered in the Closed Meeting. If any Member believes that there was a departure from the requirements of the Act, he shall so state prior to the vote indicating the substance of the departure. The Statement shall be recorded in the Board’s Minutes. 7.a.b Packet Pg. 8 Attachment: 02-18-2020 Work Session - DRAFT (1948 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors February 18, 2020 Work Session Vote Joe B. Davis Yes Timothy W. Dudley Yes Ben L. Farmer Yes William “Vic” Ingram Yes Charles H. Miller, Jr. Yes Ronald S. Scearce Yes Robert W. Warren Yes ADJOURNMENT Mr. Warren adjourned the Meeting at 6:35 PM. 7.a.b Packet Pg. 9 Attachment: 02-18-2020 Work Session - DRAFT (1948 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) February 18, 2020 Business Meeting Pittsylvania County Board of Supervisors Business Meeting February 18, 2020 VIRGINIA: The Business Meeting of the Pittsylvania County Board of Supervisors was held on February 18, 2020, in the Pittsylvania County General District Courtroom, Edwin R. Shields Courthouse Addition, Chatham, Virginia 24531. Chairman, Chatham-Blairs District, Robert W. Warren, called the Meeting to Order at 7:00 PM. The following Members were present: CALL TO ORDER (7:00 PM) Attendee Name Title Status Arrived Robert W. "Bob" Warren Chairman - Chatham Blairs District Present 6:15 PM Ronald S. Scearce Vice-Chairman - Westover District Present 6:20 PM Joe B. Davis Supervisor - Dan River District Present 6:17 PM Timothy W. Dudley Supervisor - Staunton River District Present 6:20 PM Ben L. Farmer Supervisor - Callands-Gretna District Present 6:24 PM William "Vic" Ingram Supervisor - Tunstall District Present 6:23 PM Charles H. Miller Supervisor - Banister District Present 6:17 PM AGENDA ITEMS TO BE ADDED Motion to move presentation 8a to the March Agenda. RESULT: ADOPTED [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 APPROVAL OF AGENDA Motion to approve Agenda. RESULT: ADOPTED [UNANIMOUS] MOVER: Joe B. Davis, Supervisor - Dan River District SECONDER: William "Vic" Ingram, Supervisor - Tunstall District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller CONSENT AGENDA Motion to approve Consent Agenda. 7.a.c Packet Pg. 10 Attachment: 02-18-2020 Business Meeting - DRAFT (1948 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors February 18, 2020 Business Meeting RESULT: ADOPTED [UNANIMOUS] MOVER: Ronald S. Scearce, Vice-Chairman - Westover District SECONDER: Joe B. Davis, Supervisor - Dan River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller a. Minutes Approval (Staff Contact: Kaylyn M. McCluster) b. Grant Appropriations: School Board and Pet Center (Staff Contact: Kimberly G. Van Der Hyde) c. Bays Hauling Out-of-County Trash Extension Approval (Staff Contact: Richard N. Hicks) d. Rescue Squad Assistance Fund (Staff Contact: Christopher C. Slemp) e. County Broadband Position Adoption (Staff Contact: David M. Smitherman) f. Resolution # 2020-02-01: Gretna Fire and Rescue Tax Exempt Usage Approval (Staff Contact: Christopher C. Slemp) g. Resolution # 2020-02-03: Dr. Miller (Contact: Supervisor Warren) h. Resolution # 2020-02-04: 2020 - 2021 Board Strategic Planning Priorities Adoption (Staff Contact: David M. Smitherman) i. Resolution # 2020-02-05: Early Voting (Staff Contact: David M. Smitherman) j. 2019 Community Development Annual Report Approval (Staff Contact: Karen N. Hayes) k. CEDS List Approval (Staff Contact: Matthew D. Rowe) l. Spectrum Group Consulting Agreement Execution Approval (Staff Contact: David M. Smitherman) PRESENTATIONS a. Fire Hero Presentation (Isaiah Griffin); (Contact: Supervisor Farmer) Item moved to the March Agenda. b. Dr. Miller Planning Commission Service Appreciation Presentation (Contact: Supervisor Warren) Dr. Miller was presented with Resolution # 2020-02-03 in appreciation of his twenty-three (23) years of service on the Planning Commission. HEARING OF THE CITIZENS Gary Long, Chatham-Blairs District, suggested a militia within the County. Wayne Robertson, Chatham-Blairs District, voiced his opposition on the Solid Waste Fee. He suggested the Board cut the Solid Waste Fee out of the Budget. Joshua Jennings, Chatham-Blairs District, also voiced his opinion and suggested a Volunteer Militia. PUBLIC HEARINGS 7.a.c Packet Pg. 11 Attachment: 02-18-2020 Business Meeting - DRAFT (1948 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors February 18, 2020 Business Meeting Rezoning Public Hearings Case 1: Public Hearing: Rezoning Case R-20-001: SuzyQ Etc., LLC; Banister Election District, R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Contact: Supervisor Miller) Mr. Warren opened the Public Hearing at 7:19 PM. Susan Brown was present to represent the Petition. No one signed up to speak and Mr. Warren closed the Public Hearing at 7:20 PM. Motion to rezone 18.14 acres from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (for agricultural uses -horses). RESULT: APPROVED [UNANIMOUS] MOVER: Charles H. Miller, Supervisor - Banister District SECONDER: Timothy W. Dudley, Supervisor - Staunton River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Case 2: Public Hearing: Rezoning Case R-20-002: Jeffrey D. Compton; Banister Election District, M-1, Industrial District, Light Industry, to M-2, Industrial District, Heavy Industry (Contact: Supervisor Miller) Mr. Warren opened the Public Hearing at 7:22 PM. Jeffrey Compton was present to represent the Petition. Zachary Compton was present to answer any questions. No one signed up to speak and Mr. Warren closed the Public Hearing at 7:24 PM. Motion to rezone a total of 56.42 acres, two (2) parcels of land, from M-1, Industrial District, Light Industry, to M-2, Industrial District, Heavy Industry (for a concrete plant). RESULT: APPROVED [UNANIMOUS] MOVER: Charles H. Miller, Supervisor - Banister District SECONDER: Joe B. Davis, Supervisor - Dan River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller Other Public Hearings 1. Public Hearing: SR RIFA Changes (Staff Contact: David M. Smitherman) The Staunton River Regional Industrial Facility Authority (“SR RIFA”) was created to regionally work together to market the Southern Virginia Multimodal Park in Hurt, Virginia. Recently, SR RIFA was informed that member locale Altavista wished to terminate its SR RIFA membership by approved Resolution. After said notification, SR RIFA met and accepted Altavista’s withdrawal via a formal vote and Resolution. Based upon Altavista’s withdrawal, following a legally noticed and advertised Public Hearing, SR RIFA’s By-Laws, the associated County Ordinance, and SR RIFA’s Cost-Revenue Agreement must be revised. Proposed revised SR RIFA cost-revenue percentages would be Pittsylvania County 61%, City of Danville 35%, and Town of Hurt 4%. 7.a.c Packet Pg. 12 Attachment: 02-18-2020 Business Meeting - DRAFT (1948 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors February 18, 2020 Business Meeting Mr. Warren opened the Public Hearing at 7:28 PM. No one signed up to speak and Mr. Warren closed the Public Hearing at 7:28 PM. Motion to approve the revised SR RIFA cost-revenue percentage, associated SR RIFA By-Law revisions, and associated County Ordinance revisions as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District SECONDER: Charles H. Miller, Supervisor - Banister District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller 2. Public Hearing: Tax Due Date, License Fee, and Solid Waste Disposal Fee Due Date Changes (Staff Contact: J. Vaden Hunt, Esq.) At a recent Meeting, the Board’s Legislative Committee unanimously recommended to the full Board, following a legally advertised and held Public Hearing, potential revisions to the Pittsylvania County Code (“PCC”): (1) PCC § 6-12 (relating to changing the annual tax due date in the County from June 20th and December 20th to June 10th and December 10th); (2) PCC § 9-48, 9-49, 9-53, 9-54, and 9-55 (related to changing various vehicle, trailer, and semitrailer annual license fees and their payment due dates); and (3) PCC § 17-15 (relating to changing Solid Waste Disposal Fee annual payment due date and penalty application dates). Mr. Warren opened the Public Hearing at 7:31 PM. No one signed up to speak and Mr. Warren closed the Public Hearing at 7:31 PM. Motion to adopt the proposed revisions to Pittsylvania County Code Chapters 6, 9, and 17 as presented. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, Vice-Chairman - Westover District SECONDER: Joe B. Davis, Supervisor - Dan River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller 3. Public Hearing: Solid Waste Fine Escalation System (Staff Contact: Richard N. Hicks) At the last Legislative Committee Meeting, County Staff presented proposed revisions to Pittsylvania County Code (“PCC”) § 17-21(E) to provide for a fine escalation system for solid waste violations by violators that have more than one (1) solid waste violation within a twelve (12)-month period. The Legislative Committee unanimously recommended proposed revisions to the full Board, and the full Board authorized County Staff to conduct a Public Hearing on the same. Mr. Warren opened the Public Hearing at 7:34 PM. Joshua Jennings signed up to speak and voiced his opposition on the Solid Waste Fines. Mr. Warren closed the Public Hearing at 7:35 7.a.c Packet Pg. 13 Attachment: 02-18-2020 Business Meeting - DRAFT (1948 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors February 18, 2020 Business Meeting PM. Motion to approve the proposed revisions to Pittsylvania County Code § 17-21(E) as presented. RESULT: APPROVED [6 TO 1] MOVER: Ronald S. Scearce, Vice-Chairman - Westover District SECONDER: Joe B. Davis, Supervisor - Dan River District AYES: Warren, Scearce, Davis, Dudley, Ingram, Miller NAYS: Farmer 4. Public Hearing: Silver Creek "No Through Trucks Restrictions" (Contact: Supervisor Scearce) Supervisor Scearce requested the County hold a Public Hearing for potential “No Through Truck Restrictions” on Silver Creek Road. Mr. Warren opened the Public Hearing at 7:37 PM. Stephanie Adkins signed up to speak and voiced her concerns regarding this designation. She stated her daughter was involved in an accident on this road and is permanently affected by this and she supports the “No Through Truck Restrictions” in this area. No one else signed up to speak and Mr. Warren closed the Public Hearing at 7:41 PM. Motion to adopt Resolution # 2020-02-02 supporting potential “No Through Truck Restrictions” on Silver Creek Road. RESULT: APPROVED [UNANIMOUS] MOVER: Ronald S. Scearce, Vice-Chairman - Westover District SECONDER: Joe B. Davis, Supervisor - Dan River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller UNFINISHED BUSINESS a. Walkway of Honor Donation Request (Contact: Supervisor Farmer) Joyce E. French attended the Board’s January Business Meeting and presented a donation request for the Walkway of Honor that recognizes Southside Virginia War Veterans. Motion that Pittsylvania County make a pledge of $5,000 using Contingency Funds. RESULT: APPROVED [UNANIMOUS] MOVER: Ben L. Farmer, Supervisor - Callands-Gretna District SECONDER: William "Vic" Ingram, Supervisor - Tunstall District AYES: Warren, Scearce, Davis, Dudley, Farmer, Ingram, Miller NEW BUSINESS 7.a.c Packet Pg. 14 Attachment: 02-18-2020 Business Meeting - DRAFT (1948 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors February 18, 2020 Business Meeting APPOINTMENTS a. CPMT Alternate Appointment (M. Dawson); (Staff Contact: Cheryl J. Boswell) Donald Motley was Sheriff Taylor’s CPMT alternate. Since Mr. Motley retired, Sheriff Taylor desires for First Sergeant Matthew Dawson to be appointed as his CPMT alternate for an unexpired term ending on June 30, 2020. Motion to appoint First Sergeant Matthew Dawson as Sheriff Taylor’s CPMT alternate. RESULT: APPROVED [6 TO 1] MOVER: Charles H. Miller, Supervisor - Banister District SECONDER: Joe B. Davis, Supervisor - Dan River District AYES: Warren, Scearce, Davis, Dudley, Farmer, Miller NAYS: Ingram b. Appointment: Westover District Planning Commission (H.F. Haymore, Jr.); (Contact: Supervisor Scearce) H.F. Haymore, Jr., currently serves as the Westover District Representative on the County’s Planning Commission. His term is set to expire on March 23, 2020, and he is eligible for another four (4)-year term. Motion to re-appoint H.F. Haymore, Jr., as the Westover District Representative for the County’s Planning Commission for another four (4)-year term. 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 MATTERS FROM WORK SESSION (IF ANY) BOARD MEMBER REPORTS Dr. Miller thanked the Board for the Resolution honoring his service on the Planning Commission. Mr. Davis thanked County Staff and the Board and is looking forward to the future. Mr. Scearce urged everyone to reach out to Representatives and let voices be heard regarding the new legislation that is being proposed. Mr. Dudley thanked everyone for coming out to the Meeting. Mr. Ingram also thanked everyone for coming to the Meeting. Mr. Farmer stated last month the Board requested getting the Board Packets earlier, and he thanked Mrs. McCluster for following through with this request and getting them to the Board early. Mr. Warren thanked Go Virginia and the Danville Regional Foundation for the Cyber program and also thanked the School Division and the County for working together to push this forward and having a vision to look at the next opportunity that will bring Economic Development tour area. He also congratulated Dr. Miller on his twenty-three (23) years of service on the Planning 7.a.c Packet Pg. 15 Attachment: 02-18-2020 Business Meeting - DRAFT (1948 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors February 18, 2020 Business Meeting Commission and commended Dr. Miller's work. COUNTY ADMINISTRATOR REPORTS Mr. Smitherman stated that he is glad the Right to Work Status State Bill was defeated, but he is discouraged about revising Solar regulations in Virginia. Currently the County is required to defer about 80% of the taxes on the new utility scale solar installations and unfortunately, the sunsetting has been pushed back to 2030. He also stated that another unfunded mandate coming our way is No Excuse Voting, where the County will be required to open the polls forty-five (45) days earlier than usual and this will cost approximately $90,000. He stated the good news is there was an overwhelming approval of the 1% local sales tax for County School capital needs. He also thanked the Board for the great Strategic Planning Workshop on January 31, 2020. ADJOURNMENT Mr. Warren adjourned the Meeting at 7:59 PM. 7.a.c Packet Pg. 16 Attachment: 02-18-2020 Business Meeting - DRAFT (1948 : Minutes Approval (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: County Government Month Proclamation (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: March 17, 2020 Item Number: 7.b Attachment(s): 03-17-2020 National County Government Month April 2020 Reviewed By: SUMMARY: The nation’s 3,069 counties, serving more than 300 million Americans, provide essential services to create healthy, safe, and vibrant communities. Counties provide health services, administer justice, keep communities safe, foster economic opportunities, and much more. The County, and all counties, take pride in its responsibility to protect and enhance the health, well- being, and safety of its residents in efficient and cost-effective ways. Under National Association of Counties (“NACo”) President Mary Ann Borgeson’s leadership, NACo is demonstrating how “Counties Matter,” especially in supporting older adults, their families and caregivers. The County plans to honor County employees and citizens with a National County Government Month event in April. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve the attached Proclamation declaring April 2020, “National County Government Month in Pittsylvania County.” MOTION: “I make a Motion to approve the attached Proclamation declaring April 2020, “National County Government Month in Pittsylvania County.” 7.b Packet Pg. 17 Pittsylvania County Board of Supervisors PROCLAMATION NATIONAL COUNTY GOVERNMENT MONTH; APRIL 2020; “Counties Matter” WHEREAS, the nation’s 3,069 counties, serving more than 300 million Americans, provide essential services to create healthy, safe, and vibrant communities; and WHEREAS, counties provide health services, administer justice, keep communities safe, foster economic opportunities, and much more; and WHEREAS, Pittsylvania County, Virginia (the “County”), and all counties, take pride in its responsibility to protect and enhance the health, well-being, and safety of its residents in efficient and cost-effective ways; and WHEREAS, under National Association of Counties (“NACo”) President Mary Ann Borgeson’s leadership, NACo is demonstrating how “Counties Matter,” especially in supporting older adults, their families, and caregivers; and WHEREAS, each year since 1991, NACo has encouraged counties across the country to elevate awareness of county responsibilities, programs, and services; and WHEREAS, the County plans to honor County employees and citizens with a National County Government Month event in April; and NOW, THEREFORE, the Board hereby proclaims April 2020, “National County Government Month” and encourages all County officials, employees, schools, and residents to participate in County Government Celebration activities. BE IT FURTHER PROCLAIMED, that a copy of this Proclamation be forwarded to the local media. Given under my hand this 17th day of March, 2020. _____________________________________ Robert W. “Bob” Warren, Chairman Pittsylvania County Board of Supervisors _______________________________________ David M. Smitherman Clerk, Pittsylvania County Board of Supervisors 7.b.a Packet Pg. 18 Attachment: 03-17-2020 National County Government Month April 2020 (1953 : County Government Month Proclamation (Staff Contact: Kaylyn Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: VDOT Road Funding Project May Public Hearing Authorization (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: March 17, 2020 Item Number: 7.c Attachment(s): VDOT Road Funding Projects Reviewed By: SUMMARY: At the May 5, 2020, VDOT Road Funding Workshop, Jay Craddock, VDOT, presented to the Board the attached Road Funding Projects and requested a Public Hearing be authorized for the Board’s May Business Meeting to hear Public input on this matter. FINANCIAL IMPACT AND FUNDING SOURCE: Cost of advertisement. RECOMMENDATION: County Staff recommends the Board authorize holding a Public Hearing on the attached VDOT Road Funding Projects at the Board’s May Business Meeting. MOTION: “I make a Motion to authorize holding a Public Hearing on the attached VDOT Road Funding Projects at the Board’s May Business Meeting.” 7.c Packet Pg. 19 CI cCD -0CUvvOCU0_ N 0 Z f7 C CD rt• a• a. CL C 3 D 3 a D D , D c a s si ? _D D 3 c c z. 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C1) a.... 0 nod : 3 o z m --, rt, o ce,Cu k0: < CO r- -'0- - J 0 C r-t00-0 -. 0 Cur- i:•_-- CD r-t CD LI CD L'I 0 0- =.1 7371— I) r-t r-t n Cu : (b 'a rD0r- cr, = 0 zi 0._ ,.,--r-t z7i D 07.--, n r.s - • 0 I-I.. D 0 * a, CD 6 z Cu -• -r)t ca._ 0- T) 5Cu1) _, Ln-- Pr-1- r^..... •••-.- = a Cu cr, 0z- 0 -,• .. .-i- Cu N.2 C ai 0..i -7.-.• oa 5- (Th r- Cid CFI 0 rt C -%r-, D 0 Cr 0-rt Cu D i.-/-1 CD if r•-,c) (I) D0DCD -7 11 1 . 0-r-t 0 7ZI ,--i•2(D Cu 0 —0 71:7 Cfri Cu 0- a-r--1- Cu Cu 5 a 7.c.aPacket Pg. 22Attachment: VDOT Road Funding Projects (1954 : VDOT Road Funding Project May Public Hearing ill...41, 6 z afJ§ Y 7.c.aPacket Pg. 23Attachment: VDOT Road Funding Projects (1954 : VDOT Road Funding Project May Public Hearing Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2020-03-01: Creek Week 2020 (Staff Contact: Kaylyn M. McCluster) Staff Contact(s): Kaylyn M. McCluster Agenda Date: March 17, 2020 Item Number: 7.d Attachment(s): 2020-03-01 Creek Week Reviewed By: SUMMARY: The County is rich in natural resources and beauty and the clean water and landscapes contribute to the growth of tourism and economic development. Every citizen should contribute to keeping the County’s environment clean and healthy by working together to preserve clean water and the natural beauty of the County’s surroundings. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve Resolution # 2020-03-01 declaring April 11 – 18, 2020, “Pittsylvania County Creek Week 2020.” MOTION: “I make a Motion to approve Resolution # 2020-03-01 declaring April 11 – 18, 2020, ‘Pittsylvania County Creek Week 2020.’” 7.d Packet Pg. 24 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS CREEK WEEK RESOLUTION # 2020-03-01 WHEREAS, at the Business Meeting of the Pittsylvania County Board of Supervisors (the “Board”) held on Tuesday, March 17, 2020, in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following Resolution was presented and adopted: WHEREAS, water is a basic and essential need for all life; and WHEREAS, Pittsylvania County, Virginia (the “County”), is rich in natural resources and beauty; and WHEREAS, clean water and landscapes contribute to the growth of County tourism and economic development; and WHEREAS, trash fouls County waterways, as well as County landscapes; and WHEREAS, every citizen should contribute to keeping the County’s environment clean and healthy by working together to preserve clean water and the natural beauty of County surroundings; and WHEREAS, the Board supports the right to clean, swimmable, and fishable waters for its residents and future generations; and WHEREAS, the Board values the quality of County water resources, geography, history, and significance; and WHEREAS, Creek Week is a nationwide community effort to enjoy the County’s bountiful recreational opportunities and retrieve litter from Virginia’s waterways and landscapes. NOW, BE IT RESOLVED, that the Board hereby declares April 11 - 18, 2020, “Pittsylvania County Creek Week 2020,” and hereby further urges every citizen to do his/her part to restore the beauty and function of County streams by volunteering to participate in the Creek Week 2020 event and/or engaging your civic, school, and church groups to organize activities to contribute therein. Given under my hand this 17th day of March, 2020. __________________________________________ Robert (“Bob”) W. Warren, Chairman Pittsylvania County Board of Supervisors ___________________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors 7.d.a Packet Pg. 25 Attachment: 2020-03-01 Creek Week (1952 : Resolution # 2020-03-01: Creek Week 2020 (Staff Contact: Kaylyn M. McCluster)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Resolution # 2020-03-02: Kentuck Volunteer Fire Department Tax Exempt Usage Approval (Staff Contact: Christopher C. Slemp) Staff Contact(s): Christopher C. Slemp Agenda Date: March 17, 2020 Item Number: 7.e Attachment(s): Kentuck Fire Department 2020-03-02 Kentuck Fire Department Reviewed By: SUMMARY: The Federal Government, via the Internal Revenue Service (“IRS”), grants local governments up to $10 million dollars annually in Tax-Exempt Bonds (“TEB”) for financing public needs. Kentuck desires to utilize tax-exempt bonds in an amount not to exceed $54,756.54 to finance for a public purpose and use the purchase of nine (9) MSA G1 SCBA 4500 Psig Operating Systems and Related Equipment, eighteen (18) MSA G1 SCBA Cylinders for 4500 Psig Systems, nine (9) Medium G1 Facepieces with 4pt Harness and Medium Nose Cup, one (1) Rechargeable Battery Charging Station, and four (4) Replacement Rechargeable Battery Packs. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: Subject to legal review by Kentuck’s attorney, County Staff recommends the Board approve attached Resolution # 2020-03-02 as presented. MOTION: “I make a Motion to approve attached Resolution # 2020-03-02 as presented allowing Kentuck to utilize up to, but not exceeding, $54,756.54 to finance for a public purpose and use the purchase of nine (9) MSA G1 SCBA 4500 Psig Operating Systems and Related Equipment, eighteen (18) MSA G1 SCBA Cylinders for 4500 Psig Systems, nine (9) Medium G1 Facepieces with 4pt Harness and Medium Nose Cup, one (1) Rechargeable Battery Charging Station, and four (4) Replacement Rechargeable Battery Packs.” 7.e Packet Pg. 26 Kentuck Volunteer Fire Department 250 Ringgold Church Rd. P. 0. Box 37 Ringgold, VA 24586 Business: 434-822-8026 Terry L.Barker Jr.,Chief Emergency: 911 434-489-8645 Website: www.kentuckvfd.org elroybarker@hotmail.com PUBLIC HEARING January 30, 2020 Hearing was called open at 7:00PM at the fire station by John Robert Barker. At this time no one had come to comment. At 7:15PM still no one had come to comment. At 7:30PM still no one had come so meeting was adjourned. Respectfully, P.64-4A0AA-7 John Robert Barker Secretary/ Treasurer 7.e.a Packet Pg. 27 Attachment: Kentuck Fire Department (1951 : Resolution # 2020-03-02: Kentuck Volunteer Fire Department Tax Exempt Usage Approval (Staff STAR-TRIBUNE Serving Pittsylvania County Since 1869 Certificate of Publication I hereby certify that the attached order of publication has been pub- lished once a week for I successive weeks in the Star-Tribune, a newspaper published at the Chatham office in Pittsylvania County, Virginia, beginning on r, ; 2) 20 _ . Chad H. • Publisher acting agent for the publisher 23 202. I DANAZHANE'MOTLEY 4 NOTARY PUBLIC REGISTRATION#7783537 COMMONWEALTH OF VIRGINIA STATE OF VIRGINIA, AT LARGE I MY COMMISSION EXPIRESAPRIL 30,2022 I County of Pittsylvania, To-wit: The foregoing instrument was acknowledged before me this 2 3 day of 1 V 20 by 00r1 My commission expires 30 l 6 1', di, /WA Notary Public 28 N. Main Street Tel.: (434) 432-2791 P.O. Box 111 Fax: (434) 432-4033 Chatham, VA 24531 legals@chathamstartribune.com 7.e.a Packet Pg. 28 Attachment: Kentuck Fire Department (1951 : Resolution # 2020-03-02: Kentuck Volunteer Fire Department Tax Exempt Usage Approval (Staff Volunteer Fee Department Public Hearing Legal Notice Notice is hereby given, pursuantLaw to Public Law 1 No.100-647 Si013(aX24$A)( 9.t),theunder- signedsigned will hold public hearing on January30, 2020 at 700 PM at the location of theundersignedlistedbelowtodiscussitsacisi- Squ CBA tion by lease purchase of: (9)MSA G14500PsigOperatingSystemsandRelatedEquipment, (18) MSA G1 SCBA Cylinders for 4500 Psig Systems,(9)Medium G1 FacePieces Re opt Hames and Medium SStation and (4) Replaceeablement Rechargeableeable Battery Packs andReplacementgecharg Financial Arrangements related thereto.Approximate amount of Issue;$54,756.54 All interested persons are invited to attend.IN Witness whereof, t have hereunto set myhandandOfficialSealatmyofficeinRinggold this 16 day of January,2020. John Robert Barker Carpue Secretary Department,Inc.I(entuck Volunteer Fire 250 Ring9od Church Rd RinggOld,Va 24586 1 22/1tp 7.e.a Packet Pg. 29 Attachment: Kentuck Fire Department (1951 : Resolution # 2020-03-02: Kentuck Volunteer Fire Department Tax Exempt Usage Approval (Staff PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2020-03-02 WHEREAS, the Pittsylvania County Board of Supervisors (the “Board”), under the United States Internal Revenue (“IRS”) Code, receives a ten (10) million-dollar allocation for tax exempt bonds each year beginning January 1; and WHEREAS, said tax-exempt bonds cover boards, agencies, and commissions serving under or at the Board’s authorization; and WHEREAS, the Kentuck Volunteer Fire Department (“Kentuck”) is an authorized Volunteer Fire and Rescue Department identified in Pittsylvania County Code §§ 31-2.1 and 31.2a; thereby, authorizing it to participate in tax-exempt financing for equipment utilized by it for a public use; and WHEREAS, Kentuck desires to utilize tax-exempt bonds in an amount not to exceed $54,756.54 to finance for a public purpose and use the purchase of nine (9) MSA G1 SCBA 4500 Psig Operating Systems and Related Equipment, eighteen (18) MSA G1 SCBA Cylinders for 4500 Psig Systems, nine (9) Medium G1 Facepieces with 4pt Harness and Medium Nose Cup, one (1) Rechargeable Battery Charging Station, and four (4) Replacement Rechargeable Battery Packs; and WHEREAS, Kentuck held a public hearing on January 30, 2020, on the potential utilization of said tax- exempt financing, after legally publishing the notice as required by IRS Code. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board hereby approves Kentuck’s utilization of tax-exempt bonds for financing in an amount not to exceed $54,756.54 to purchase for a public use nine (9) MSA G1 SCBA 4500 Psig Operating Systems and Related Equipment, eighteen (18) MSA G1 SCBA Cylinders for 4500 Psig Systems, nine (9) Medium G1 Facepieces with 4pt Harness and Medium Nose Cup, one (1) Rechargeable Battery Charging Station, and four (4) Replacement Rechargeable Battery Packs; and BE IT FURTHER RESOLVED, that a copy of this Resolution be forwarded to Kentuck to supplement its financing requirements. Given under my hand this 17th day of March, 2020. __________________________________________ Robert W. “Bob” Warren, Chairman Pittsylvania County Board of Supervisors __________________________________________ David M. Smitherman, Clerk Pittsylvania County Board of Supervisors 7.e.b Packet Pg. 30 Attachment: 2020-03-02 Kentuck Fire Department (1951 : Resolution # 2020-03-02: Kentuck Volunteer Fire Department Tax Exempt Usage Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: SCS Cell Tower Lease Approval (Staff Contact: Kimberly G. Van Der Hyde) Staff Contact(s): Kimberly G. Van Der Hyde Agenda Date: March 17, 2020 Item Number: 7.f Attachment(s): SCS Cell Tower Lease Reviewed By: SUMMARY: The County currently has a Lease with AcelaNet, LLC, d/b/a SCS Broadband (“SCS”), for space on seven (7) County E911 Towers. These Towers are located at the Callands Compactor Site, Grit Road, Mt. Airy, Rockford School Road, White Oak Mountain, Brosville, and Dan River Middle School. The current Least began on January 18, 2017, and was up for renewal as of January 18, 2020. As such, County Staff felt that it was the appropriate time to review the Lease and make several changes to simplify the same. Said changes include changing the current Lease fee structure, which is based on a graduated scale, to a flat rate of $50 per month per Tower commencing when Towers become operational. Currently, there are five (5) Towers that are operational. The Lease also requires proof of insurance by SCS that was not included in the original Lease. FINANCIAL IMPACT AND FUNDING SOURCE: The County will receive a total of $600 annually per each leased Tower for a total, once all Towers are operational, of $4,200 annually. Currently, a total of $3,000 is owed the County for the five (5) operational Towers. RECOMMENDATION: County Staff recommends approve the attached Lease and authorize the County Administrator to execute the same. MOTION: “I make a Motion to approve the attached Lease and authorize the County Administrator to execute the same with a March 1, 2020, effective date.” 7.f Packet Pg. 31 Page 1 of 13 LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease"), made and effective as of the 1st day of March, 2020, between THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA ("Lessor"), and ACELANET LLC D/B/A SCS BROADBAND, a Virginia limited liability company ("Lessee"). WHEREAS, Lessor is the owner of certain real properties located in Pittsylvania County, Virginia, each more particularly described on Exhibit "A," attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, Lessee desires to lease from Lessor certain space on Lessor's communications towers (the "Towers") on said Property for the placement and operation of Lessee's communications equipment (the “Equipment”); and NOW, THEREFORE, for valuable consideration, the receipt, adequacy, and sufficiency of which is hereby acknowledged by the parties hereto, the parties hereby agree as follows: 1. Demise. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor space on Lessor's Towers the placement thereon of Lessee's Equipment (the "Leased Space"). 2. Use. Lessee shall be permitted the non-exclusive right to install, maintain, and service its Equipment on Lessor's Towers, which Equipment shall be utilized for the transmission and reception of cellular communications. These shall be the only permissible uses under this Lease. 3. Conditions Precedent to Commencement Date. (a) Approvals. Lessee's ability to use the Leased Space is contingent upon its obtaining, after the execution date of this Lease, all certificates, permits, licenses, and other approvals that may be required by any federal, state, or local authorities (the "Approval(s)"). Lessor shall cooperate with Lessee in its effort to obtain such Approvals. If Lessee notifies Lessor that (i) any application for an Approval is rejected; (ii) an Approval is canceled, expires, lapses, or is otherwise withdrawn or terminated for any reason whatsoever prior to installation of the Equipment by Lessee; or (iii) any radio frequency propagation tests are found to be unsatisfactory so that Lessee, in its sole discretion, will be unable to use the Leased Space for its intended purposes, Lessee shall have the right to terminate this Lease with no further obligation on the part of either party. 4. Term. (a) Commencement Date. Provided Lessor has obtained evidence of the Approvals described above, the Lease term shall begin on the date of execution of this Lease (the "Commencement Date") and shall continue for a period of three (3) years (the "Initial Term"). Lessee shall have the option of extending this Lease for three (3), one (1) year terms (the "Renewal Terms"). Such renewal options shall be exercisable by Lessee by notifying Lessor in writing at 7.f.a Packet Pg. 32 Attachment: SCS Cell Tower Lease (1965 : SCS Cell Tower Lease Approval) Page 2 of 13 the address shown below at least six (6) months prior to expiration of the then current term. (b) Termination by Lessee. Notwithstanding anything to the contrary contained herein, Lessee shall be entitled to terminate this Lease after the Commencement Date with written notice to Lessor in the event: (i) any Approval is canceled, expires, lapses, or is otherwise withdrawn or terminated for any reason whatsoever; or (ii) any notice by Lessor of relocation of Lessee's Equipment pursuant to Section 9 is unacceptable to Lessee. Any such termination by Lessee shall be effective thirty (30) days after receipt of written notice by Lessor. Upon such termination, this Lease shall terminate and be of no further force and effect, and except for any indemnity obligations and Lessee's obligations to remove the Equipment from the Property, the parties hereto shall be released from all duties, obligations, liabilities, and responsibilities under this Lease. (c) Termination by Lessor. Lessor shall have the right to terminate this Lease upon ninety (90) days’ prior written notice to Lessee. Upon such termination, subject to all terms contained herein, Lessor and Lessee shall thereafter be released from all further liability under this Agreement. 5. Rent; One-Time Back Rent Payment; Taxes. (a) Base Rent. For the Initial Term, Lessee shall pay as rent FIFTY DOLLARS AND NO CENTS ($50.00) per Tower, per month to Lessor. Base rent for each Tower shall only commence when the Lessor’s Equipment in operational on that Tower. Rental payments shall be mailed to the Lessor at the address set forth herein, or to such other person, firm, or place as the Lessor may from time-to-time designate in writing. Lessor and Lessee shall negotiate the base rent for all Renewal Terms upon said occurrence. (b) One-Time Back Rent Payment. Upon execution of this Lease, Lessee shall pay Lessor THREE THOUSAND DOLLARS ($3,000.00) as a one-time payment for back rent for use of the Towers and/or Lease Space. An accounting of said payment is attached hereto as Exhibit “B” and made a part hereof. (c) Taxes. Lessee shall be responsible for the reporting and payment when due of any and all applicable taxes, fees, or other costs, directly related to ownership or operation of the Equipment on the Leased Space. If applicable, Lessee shall additionally pay Lessor for any increase to Lessor's property taxes assessed on the Property specifically as a result of the placement of its Equipment on the Lease Space. 6. Relocation of Equipment on Leased Space. Lessor reserves the right to change the location of Lessee's Equipment on the Leased Space upon sixty (60) days’ written notice to Lessee. Lessee shall relocate or remove the Equipment, at Lessor's expense, within sixty (60) days of receipt of any such notice by Lessor. 7.f.a Packet Pg. 33 Attachment: SCS Cell Tower Lease (1965 : SCS Cell Tower Lease Approval) Page 3 of 13 7. Access; Ingress and Egress. Lessor hereby grants to Lessee an easement for the term hereof for ingress, egress, and access to the Property adequate to service the Equipment on the Leased Space. Lessee or Lessee's qualified contractors or persons under Lessee's direct supervision shall have access to the Towers and Lessee's equipment upon twenty-four (24) hours’ notice to Lessor and the availability, at Lessor's option, of Lessor's field personnel to provide an escort and/or supervision. Lessee shall maintain all access codes to the Leased Space as confidential. 8. Utilities. Lessor hereby grants to Lessee an easement for the term hereof to permanently place any utilities on or to bring utilities across the Property in order to service Lessee’s Equipment on the Leased Space, subject to Lessor's prior written approval of the design and installation method and procedures. Lessee shall pay the cost of all utility service necessary to install, maintain, and operate its Equipment on the Leased Space. Where practicable, a separate meter will be installed for Lessee's use. If no meter is available, the parties shall prorate such charges based on approximate actual use within thirty (30) days of receipt by Lessor of an invoice from an applicable utility company. Lessee shall obtain and pay the cost of telephone connections. Installation of telephone service shall follow the procedures for installation and maintenance of the Equipment on the Leased Space as set forth below. 9. Lessee's Covenants. Lessee covenants that the Facilities, and all installation, operation and maintenance associated therewith, will: (a) In no way damage Lessor's Towers, Leased Space, or any other structure or accessories thereto, normal wear and tear excepted. If damage, other than normal wear and tear occurs, then Lessee shall be liable for repair or reimbursement of repair for said damages; (b) Not interfere with the operation of Lessor's equipment, authorized frequency spectrum, signal strength or the equipment of other existing lessees ("Prior Lessee"), if any, on the Towers. In the event there is interference, Lessor shall have a third (3rd) party, chosen by Lessor in its sole discretion, evaluate such interference problems. In the event such third (3rd) party determines, in its sole discretion, that Lessee's Equipment is interfering with the operation of Lessor's or a Prior Lessee's equipment, Lessee shall immediately take all steps recommended by such third (3rd) party necessary to eliminate the interference including, if required, cutting off power to the objectionable Equipment. If Lessee cannot immediately eliminate the interference, Lessee will remove the objectionable Equipment; (c) Not interfere with the maintenance of Lessor's Towers and the Towers lighting systems; (d) Keep the Equipment in a state of repair acceptable to Lessor; (e) Identify the Equipment with metal tags fastened securely to its bracket on the Towers and to each transmission line(s); 7.f.a Packet Pg. 34 Attachment: SCS Cell Tower Lease (1965 : SCS Cell Tower Lease Approval) Page 4 of 13 (f) Comply with all applicable rules and regulations of the Federal Communications Commission ("FCC") and all federal, state, and local laws governing use of the Leased Space; (g) Occur in compliance with all applicable laws and ordinances and promptly discharge any lien for labor or material within fifteen (15) days of filing same; (h) Upon expiration of this Lease, remove all Equipment from the Leased Space and restore the Leased Space to its original condition, normal wear and tear excepted. If Lessee has not removed its Equipment at the time of expiration or termination of the Lease, Lessee shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term until such time as the removal of the Equipment is completed. If Lessee does not remove its Equipment at the time of expiration or termination of this Lease, Lessor shall have the right to remove and store the Equipment, at Lessee's sole expense, and Lessee shall reimburse Lessor for such expenses upon demand. If Lessor removes the Equipment, Lessor shall not be responsible for any damage to the Leased Space during the removal and storage thereof, unless caused by the negligence of Lessor. 10. Lessor's Covenants. Lessor covenants that during the term of this Lease it shall: (a) Maintain the Towers and Leased Space and surrounding areas in a safe condition; (b) Except as otherwise set forth in this Lease, take no action which would adversely affect the Lessee's proposed use of the Leased Space; (c) Upon Lessee's payment of rent and performance of its covenants, ensure Lessee's quiet use and enjoyment of the Leased Space. 11. Compliance with Laws. (a) Lessor acknowledges that it is aware of its obligations under Section 303 of the Communications Act of 1934 (47 U.S.C. 303) to maintain the painting and illumination of the Towers and/or Leased Space as prescribed by the FCC. Lessor further acknowledges that it is aware that it is subject to forfeitures assessed by the FCC for violations of such rules and requirements. Lessor further acknowledges that it, and not Lessee, shall be responsible for compliance with all Towers or building marking and lighting requirements which may be required by the Federal Aviation Administration (“FAA") or the FCC. To the extent allowed by Virginia law, Lessor shall indemnify and hold harmless Lessee from any fines or other liabilities caused by Lessor's failure to comply with such requirements. Further, should Lessee be cited by either the FCC or FAA because the Towers are not in compliance within the time frame allowed by the citing agency, Lessee may terminate this Lease immediately upon notice to the Lessor. (b) Lessor is not aware of, and has not received notice of the disposal, release, or 7.f.a Packet Pg. 35 Attachment: SCS Cell Tower Lease (1965 : SCS Cell Tower Lease Approval) Page 5 of 13 presence of Hazardous Substances on the Property. "Hazardous Substances" means any hazardous material or substance which is or becomes defined as a hazardous substance, pollutant, or contaminant subject to reporting, investigation or remediation pursuant to any federal, state, or local law, regulation, or order; and any substance which is or becomes regulated by any federal, state, or local governmental authority; and any oil, petroleum products and their by-products. 12. Assignment or Subletting: No Liens. (a) Lessee shall not assign, convey, sublet, or transfer its interest in the Lease without first (1st) obtaining Lessor's written approval, which approval shall not be unreasonably withheld. (b) Lessee shall keep the Leased Space and Equipment free from any liens arising from any work performed, materials furnished, or obligations incurred by or at the request of Lessee. All person either contracting with lessee or furnishing or rendering labor and materials to Lessee shall be notified in writing by Lessee that they must look only to Lessee for payment for any labor or materials. If any lien is filed against the Equipment or Leased Space as a result of the acts or omissions of Lessee, its employees, agents or contractors, Lessee shall discharge it within twenty (20) days after Lessee learns that the lien has been filed. 13. Insurance: Risk of Loss. (a) Insurance. Prior to installation of the Equipment and to having access to the Leased Space and at all times during the term of this Lease, Lessee shall provide proof of insurance, as outlined below, satisfactory to Lessor, and maintain the coverages specified below during the term hereof and until all Equipment is removed from the Leased Space following termination hereof: • Comprehensive General Liability Insurance in an aggregate amount of $2,000,000.; • Workers' Compensation coverage in the statutory amount. Employers Liability Occupational Disease and Bodily Injury, Combined Single Limit of $1,000,000; • Automobile Liability for Owned and Non- Owned Autos, Combined Single Limit of $1,000,000; and • All Risk Insurance with Standard Extended Coverage, Replacement Value, Without Coinsurance factor for Full Replacement Value of Lessee's Equipment and personal property located on the Property. (b) Additional Insured. Lessor shall be named as additional insured on the policy or policies. Lessee may satisfy this requirement by obtaining appropriate endorsements to any master 7.f.a Packet Pg. 36 Attachment: SCS Cell Tower Lease (1965 : SCS Cell Tower Lease Approval) Page 6 of 13 or blanket policy of liability insurance Lessee may maintain. No policy may be cancelable or subject to reduction of coverage except after thirty (30) days prior written notice to Lessor. (c) Third (3rd) Parties. Lessee shall require its contractors and subcontractors to carry workers' compensation insurance and adequate liability insurance in conformity with the minimum requirements listed above. (d) Destruction; Force Majeure; Risk of Loss; Limitation of Liability. Notwithstanding anything herein to the contrary, Lessee shall bear the risk of loss of or damage to the Leased Space during the term of this Lease. Except for the gross negligence of Lessor, Lessor shall not be liable for any damage to the Leased Space. Notwithstanding anything herein to the contrary, Lessor shall not be liable for any consequential or incidental damages incurred by Lessee due to any malfunction, vandalism, acts of God (including, without limitation, lightning, wind, rain, hail, fire, or storms) or any other damage resulting from any reason. If the Towers or other portions of the Leased Space are destroyed or so damaged as to be unusable, the Lessor or Lessee shall be entitled to elect to cancel and terminate this Lease, or in the alternative may elect to restore the Leased Space, in which case the Lessee shall remain bound hereby but shall be entitled to an abatement of rent during the loss of use, if the Lessee has not elected to cancel this Lease. In no event shall the leasehold or other interest created hereby be specifically enforceable and in no event shall Lessor be responsible to any party for lost profits or market share. 14. Indemnification. Lessee does hereby agree to indemnify and save Lessor harmless from any and all claims, demands, or causes of action for property damage or personal injuries caused by Lessee, Lessee's agents, employees, contractors, and customers, arising out of Lessee's occupancy of the Leased Space or the installation, maintenance, and operation of the Equipment. 15. Default. Each of the following shall be considered a default by the Lessee: (a) The failure to pay any rent required hereunder within thirty (30) days after receipt of Lessor's written notice of such failure; (b) The failure to cure, within (30) days after receipt of Lessor's written notice thereof, any breach of any other term hereof (except for promises relating to interference as set forth in Section 9(b) hereof); (c) Abandonment of the Leased Space; or (d) The failure of Lessee to eliminate interference problems as set forth in Section 9(b). . Upon default of this Lease by Lessee, in addition to all other remedies provided at law or in equity, Lessor may, at its option: (i) elect to remove all the Equipment, without notice and without being guilty or liable in any manner for trespass, thereby terminating this Lease, and store the Equipment at Lessee's 7.f.a Packet Pg. 37 Attachment: SCS Cell Tower Lease (1965 : SCS Cell Tower Lease Approval) Page 7 of 13 expense, payable upon demand by Lessor. (ii) elect to treat this Lease in full force and effect and shall be entitled to collect the rent provided for hereunder. 16. Condemnation. If the whole of the Towers or Leased Space which are subject of this Lease or so much thereof as to interfere with the use thereof shall be taken or condemned by any competent authority for any public or quasi-public use or purpose, this Lease shall terminate as of the date when possession is taken. In such event, Lessor shall be under no liability to Lessee, and Lessee shall be entitled to no part of any condemnation award except so much thereof as the condemning authority expressly allocates to moving or relocation expenses incurred by Lessee. Lessor shall provide Lessee with notice in writing of any actual or threatened condemnation proceedings promptly after receiving notice thereof. 17. Arbitration. ANY DISPUTE AS TO THE INTERPRETATION OR ENFORCEMENT OF THIS LEASE SHALL BE SUBJECT TO BINDING ARBITRATION PURSUANT TO THE RULES AND REGULATIONS OF THE AMERICAN ARBITRATION ASSOCIATION. EACH PARTY WAIVES ALL RIGHT TO TRIAL, AND JUDGMENT MAYBE ENTERED UPON THE ARBITRATION AWARD UPON PETITION TO THE APPROPRIATE COURT. 18. Mortgage by Lessor. This Lease is and shall be subject to a security interest or mortgage which might now or hereafter constitute a lien upon the Towers/Leased Space. This Lease is and shall be subject and subordinate in all respects to any and all such mortgages on the same and to all renewals, modifications, consolidations, replacements, and extensions thereof. If any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under any mortgage covering the Towers/Leased Space, the Lessee shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Lessor under this Lease; provided that so long as the Lessee is not in default hereunder, this Lease shall remain in full force and effect. 19. Title to Equipment. Lessee shall always retain title to its Equipment or personal property installed and operated by Lessee pursuant to this Lease. 20. Entirety. This writing constitutes the entire agreement between Lessor and Lessee and any modification hereof must, to be effective, be in writing, signed by authorized representatives of each party. 21. Waiver. 7.f.a Packet Pg. 38 Attachment: SCS Cell Tower Lease (1965 : SCS Cell Tower Lease Approval) Page 8 of 13 Failure or delay on the part of either party to exercise any right, power, privilege, or remedy hereunder shall not operate as a waiver thereof; nor, shall any single or partial exercise of any right under this Lease preclude any other or further exercise thereof or the exercise of any other right. 22. Binding Effect. This Lease shall extend to and bind the heirs, persons, representatives, successors, assigns, or its successors in interest of the parties hereto. 23. Governing Law; Venue; Litigation Expenses. This Lease and performance hereunder shall be governed, interpreted, construed, and regulated by the laws of the Commonwealth of Virginia. Venue shall be in the appropriate court in Pittsylvania County, Virginia, or the nearest appropriate Federal Court. In any litigation or arbitration resulting from anything contained herein, each party shall pay for all of its own litigation expenses and fees. 24. Notice. All notice and payments due hereunder shall be deemed validly given if sent by certified mail, return receipt requested, or with a nationally recognized courier who provides notice of receipt, postage fully prepaid, addressed as follows, or to such other addresses as may be given from either party in writing to the other: Lessor: Board of Supervisors of Pittsylvania County, Virginia Attn: County Administrator 1 Center Street P.O. Box 426 Chatham, Virginia 24531 Lessee: AcelaNet LLC d/b/a SCS Broadband Clay AcelaNet LLC d/b/a SCS Broadband Stewart COO 654 Thomas Nelson Highway Arrington, Virginia 22922 25. Headings. Section headings in this Lease are included for the convenience of reference only and shall not constitute a part of this Lease for any other purpose. 26. Rules of Interpretation. If this Lease requires interpretation, such interpretation shall not presume that the terms hereof shall be more strictly construed against one party by reason of any rule of construction than a document is to be construed more strictly against the party who prepared the same. 7.f.a Packet Pg. 39 Attachment: SCS Cell Tower Lease (1965 : SCS Cell Tower Lease Approval) Page 9 of 13 27. Brokerage. Each party warrants and represents to the other that it has not dealt with a real estate agent or broker with respect to this Lease, and, to the extent allowed by Virginia law, shall hold the other party harmless against all claims by any real estate agent or broker claiming a commission hereunder on behalf of the indemnifying party. 28. Memorandum of Lease. At the request of Lessee, Lessor hereby agrees to execute a Memorandum of Lease, in form satisfactory for recording, and such Memorandum of Lease may be filed of record by the Lessee, at Lessee's sole cost, including taxes or assessments incurred in connection therewith. The parties understand and agree that this Lease shall not be recorded of record. 29. Counterparts. This Lease may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute but one instrument. 30. Severability. If any provision of this Lease conflicts with any applicable statute, rule of law, or regulation, then such provision shall be deemed to be null and void to the extent that it may conflict therewith but without invalidating the remaining provisions hereof. 31. Authority. Each party hereby represents and warrants to the other that all necessary corporate authorizations required for execution and performance of this Lease have been given and that the undersigned officer is duly authorized to execute this Lease and bind the party for this it signs. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. 7.f.a Packet Pg. 40 Attachment: SCS Cell Tower Lease (1965 : SCS Cell Tower Lease Approval) Page 10 of 13 LESSOR: THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA By: ______________________________________ Name: Robert “Bob” W. Warren Title: Chairman State of Virginia: County of Pittsylvania to wit: The foregoing instrument was acknowledged before me this ___ day of _____, 2020, by _______________________________. ___________________________ Notary Public My Commission Expires: ___________________ Approved as to Form: _________________________ J. Vaden Hunt, Esq. Pittsylvania County Attorney 7.f.a Packet Pg. 41 Attachment: SCS Cell Tower Lease (1965 : SCS Cell Tower Lease Approval) Page 11 of 13 LESSEE: ACELANET LLC D/B/A SCS BROADBAND By:_________________________ Name: Clay Stewart Title: COO State of Virginia County/City of ____________, to wit: The foregoing instrument was acknowledged before me this ___ day of _____, 2020, by _______________________________. ___________________________ Notary Public My Commission Expires: ___________________ 7.f.a Packet Pg. 42 Attachment: SCS Cell Tower Lease (1965 : SCS Cell Tower Lease Approval) Page 12 of 13 Exhibit “A” Callands Compactor Tower 20400 Franklin Turnpike Chatham, Virginia 24531 Grit Road Tower 3710 Wards Road Hurt, Virginia 24563 Mt. Airy Tower 120 Renan Road Chatham, Virginia 24557 Rockford School Road Tower 6300 Rockford School Road Gretna, Virginia 24557 White Oak Tower 533 Tower Lane Blairs, Virginia 24527 Brosville Tower 95 Cascade Road Cascade, Virginia 24069 Dan River Middle School Tower 325 Dodson Lane Ringgold, Virginia 24586 7.f.a Packet Pg. 43 Attachment: SCS Cell Tower Lease (1965 : SCS Cell Tower Lease Approval) Page 13 of 13 EXHIBIT “B” TOWER DATE ACTIVATED CURRENT DATE NUMBER OF MONTHS AMOUNT DUE Callands 6/1/19 3/1/20 9 $450.00 Grit 4/1/19 3/1/20 11 $550.00 Mt. Airy 3/6/19 3/1/20 11 $550.00 Rockford School N/A N/A N/A N/A Whtie Oak 1/1/18 3/1/20 26 $1,300.00 Brosville N/A N/A N/A N/A Dan River Middle School 12/1/19 3/1/20 3 $150.00 TOTALS $3,000.00 7.f.a Packet Pg. 44 Attachment: SCS Cell Tower Lease (1965 : SCS Cell Tower Lease Approval) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: BOS By-law Revisions Adoption (Staff Contact: J. Vaden Hunt, Esq.) Staff Contact(s): J. Vaden Hunt, Esq. Agenda Date: March 17, 2020 Item Number: 7.g Attachment(s): 2020 BOS Bylaws Proposed Changes Reviewed By: SUMMARY: At the Board’s recent Strategic Planning Workshop, potential revisions to the Board’s By-laws and Rules of Procedure were discussed. These potential revisions, attached for the Board’s reference and review, include and/effect the following Sections of the By-laws: (1) Section 1.1 (Board Composition); (2) Section 1.5 (Board Compensation); (3) Section 1.6 (Board Benefits); (4) Section 2.8 (Presentations); (5) Section 2.17 (Remote Participation in Board Meeting); (6) Article III (County Administrator); and (7) Article IV (Board Committees). As required by Section 7.1 of the By-laws, adequate notice of said potential revisions have previously been given to the Board. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends approval of the proposed revisions to the Board’s By-laws as presented. MOTION: “I make a Motion to adopt the proposed revisions to the Board’s By-laws as presented.” 7.g Packet Pg. 45 Page 1 of 9 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS’ BY- LAWS AND RULES OF PROCEDURE (B.S.M. 2/02/04, 4/15/08, 2/02/09, 2/01/10, 4/20/10, 9/20/11, 6/19/12, 2/4/13, 7/01/13, 10/06/14, 11/03/14, 6/06/16, 2/6/17, 3/20/18, 1/03/19) PURPOSE. To establish and set forth certain rules to provide for the orderly conduct of Pittsylvania County, Virginia (“County”), business, to prescribe the manner and procedure by which the Pittsylvania County Board of Supervisors (“Board of Supervisors” or “Board”) shall conduct matters of business, and to provide for the efficient handling thereof. ARTICLE I. BOARD OFFICER ELECTION, COMPOSITION, AND FUNCTION, COMPENSATION, AND BENEFITS. 1.1. Board Composition. The Board shall be composed of seven (7) members who shall be elected by the qualified voters of the County for four (4)-year terms; one (1) member shall be elected from each of the seven (7) election districts. Pursuant to Section 24.2-219, Code of Virginia, 1950, as amended, beginning with the November 2015 General Election, the Board was shall be elected to staggered terms as follows: the voters in the Banister, Callands-Gretna, and Dan River Election Districts shall elect a member of the Board for a two (2)-year term, and the voters in the Chatham-Blairs, Staunton River, Tunstall, and Westover Election Districts shall elect a member of the Board for a four (4)- year term. At the November 2017 General Election, the voters in the three (3) Election Districts in which a Supervisor was elected for a two (2)-year term, shall elected a Supervisor for a four (4)- year term, and thereafter elections for all Supervisors are will be held on a biennial basis for four (4)-year terms. 1.2. Chairman; Election and Duties. At the Regular Board Meeting in January each year (the “Reorganizational Meeting”), or at any other time as determined by a majority of the Board, there shall be elected a Chairman to serve for a period of one (1) year expiring on December 31st, or until replaced by Board Membership. The County Administrator, serving as temporary Chairman, shall take nominations. Nominations require a second, and the vote will be taken in the order the nominations are made. A majority vote is required. It shall be the Chairman’s duty to preside at all Board meetings, and to maintain the orderly conduct thereof. He/she shall sign all voucher warrants of the County; and when the Board is not in session, he/she shall provide policy guidance to the County Administrator and the County Attorney. The Chairman shall continue to be a voting member of the Board. The Chairman, with guidance from County Staff and consultation with other Board Members, can authorize the advertisement and conducting of Public Hearings. 1.3. Vice-Chairman; Election and Duties. 7.g.a Packet Pg. 46 Attachment: 2020 BOS Bylaws Proposed Changes (1955 : BOS By-law Revisions Adoption (Staff Contact: J. Vaden Hunt, Esq.)) Page 2 of 9 The Board shall also elect a Vice-Chairman to serve a concurrent term with the Chairman. In the absence or incapacity of the Chairman, the Vice-Chairman shall assume all the duties and functions of the Chairman. In the case where the Chairman and Vice-Chairman are absent from a meeting, the remaining Members present shall choose one (1) of their number as temporary Chairman. 1.4. Board Function. The Board shall have both administrative and legislative responsibilities, some of which shall be discharged in their role as governing body, and some of which they derive as an administrative political subdivision of the Commonwealth. The powers and duties of the Board shall include, but not be limited to, the following: preparation and adoption of the County Budget, levying of taxes, appropriating funds, constructing and maintaining County buildings, making and enforcing Ordinances, providing for the general health, safety, and welfare of the public, and generally exercising all other powers and functions normally attributed to government and permitted by the laws of the Commonwealth. 1.5. Board Compensation. Board compensation shall be governed by §§ 15.2-1406, 15.2-1414.1, 15.2-1414.2, and/or 15.2- 1414.3, Code of Virginia, 1950, as amended. 1.6. Board Benefits. Board benefits shall be governed by governed by §§ 15.2-1414.2 and/or 15.2-1414.3, Code of Virginia, 1950, as amended. Board benefits shall include all applicable fringe benefits available to other County employees, including health and dental insurance. Board Members shall not receive dedicated internet service at their residence. Per the County’s County-Owned Equipment Upon Separation from Employment Policy, Board Members shall return all County-owned property in their possession upon County separation. ARTICLE II. MEETINGS. 2.1. Regular Meetings. The Board shall meet regularly on the third (3rd) Tuesday of each month in the County Administration Building, Main Conference Room, and 4:30 p.m. for a Work Session, and at 7:00 p.m., on the same day, for a Business Meeting in the Pittsylvania County General District Courtroom for the purpose of discharging their administrative and legislative responsibilities. The Board shall also be authorized to set other dates for Regular Meetings, and any and all other Meetings, at the Reorganizational Meeting, or at any other appropriate time(s). 2.2. Parliamentary Procedure. 7.g.a Packet Pg. 47 Attachment: 2020 BOS Bylaws Proposed Changes (1955 : BOS By-law Revisions Adoption (Staff Contact: J. Vaden Hunt, Esq.)) Page 3 of 9 All such Meetings shall be open to the public and shall be conducted in an orderly fashion with the most recent edition of Robert’s Rules of Order being used for parliamentary procedure. 2.3. Sergeant of Arms. The County’s Sheriff, or his/her designee, shall act as “Sergeant of Arms” at all Board Meetings, and shall, when so directed by the Chairman, expel any person or persons from such Meetings. 2.4. Meeting Seating. For the purpose of address and order, the Board and County Staff shall sit in front of the “public rail” in the Courtroom, and all other persons shall sit behind the “public rail.” The Chairman shall sit in the middle of the dais, and all other seats shall be selected by Board Members based on longevity of Board membership. 2.5. Agendas. Agendas shall be prepared by the Clerk and used at all Meetings. All items requested to be placed on the Agenda shall be submitted in writing to the Clerk, or his/her designee, ten (10) working days before the Meeting; however, Board Members may make oral requests. Any items received after that time shall appear on the next Regular Meeting Agenda, unless a majority of the Board present vote to place such items on the current Agenda. 2.6. Meeting Order. The Meeting Order of all the Board’s Work Sessions and Business Meetings shall be as follows: Work Session Meeting Order: Call to Order (4:30 p.m.; County Administration Building; Main Conference Room) Roll Call Agenda Items to be Added Approval of Agenda Presentations Staff, Committee, and/or Constitutional Officer Reports Business Meeting Discussion Items Closed Session (if any) Return to Open Session & Closed Session Certification (if required) Adjournment Business Meeting Order: Call to Order (7:00 p.m.; Pittsylvania County General District Courtroom) Roll Call Moment of Silence Pledge of Allegiance 7.g.a Packet Pg. 48 Attachment: 2020 BOS Bylaws Proposed Changes (1955 : BOS By-law Revisions Adoption (Staff Contact: J. Vaden Hunt, Esq.)) Page 4 of 9 Items to be Added Approval of Agenda Consent Agenda Presentations Hearing of the Citizens Public Hearings A. Zoning Public Hearings B. Other Public Hearings Unfinished Business New Business Appointments Matters from Work Session Board Member Reports County Administrator/County Attorney Reports Adjournment 2.7. Presentations. All presentations to the Board shall be limited to a maximum of ten (10) minutes. 2.8. Recognitions. The particular method of recognition (i.e., Certificate, Resolution, and/or plaque) shall be governed by the Board’s Policy on Recognitions formally adopted on October 15, 2019, January 19, 2016, and made a part hereof. 2.9. Public Hearings. All Public Hearings on Business Meetings shall be conducted as follows: 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. All remarks shall be addressed to the Board as a body and not to any individual member thereof. No person, other than the Board and the person having the floor, shall be permitted to enter into any discussion, either directly or indirectly or through a Board Member, without first being recognized by the Chairman. No question shall be asked a Board Member except through the Chairman. 2.10. Hearing of the Citizens. All Hearing of the Citizens on Business Meetings shall be conducted as follows: 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 7.g.a Packet Pg. 49 Attachment: 2020 BOS Bylaws Proposed Changes (1955 : BOS By-law Revisions Adoption (Staff Contact: J. Vaden Hunt, Esq.)) Page 5 of 9 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. 2.11. Special Meetings. The Board may from time-to-time hold special, called, adjourned, and/or informational meetings in accordance with the laws of the Commonwealth. 2.12. Motions/Resolutions. Each oral Motion or Resolution shall be recorded by the Deputy Clerk and may be read back to the whole Board by the Deputy Clerk, if so requested, before any vote is taken. 2.13. Board Member Reports. Board Member Reports shall be used for individual Board Members to share information with other Board Members and/or the public. No official action may take place during Board Member Reports. 2.14. Closed Meetings. Closed Meetings of the Board shall be requested in the same manner as prescribed in Section 2.5 or added as allowed by the Virginia Freedom of Information Act. 2.15. Quorum and Method of Voting. At any Board Meeting, a majority of the Supervisors present shall constitute a quorum. A majority of the Board shall mean four (4). All questions submitted to the Board for decision shall be determined by a viva voce vote or approved electronic voting method of a majority of the Board present voting on any such question, unless otherwise provided by law. The name of each Member voting and how he/she voted must be recorded. The Board has elected not to have a tie breaker as provided for by the Code of Virginia, and a tie vote on any Motion shall be considered defeated as provided for in Section 15.2-1420, Code of Virginia, 1950, as amended. Each Board Member present when a question is put shall vote “yes” or “no.” No Board Member shall be excused from voting, except on matters involving the consideration of his/her own official conduct, where his/her own financial interests are involved, or where he/she may have a conflict of interest, pursuant to the Virginia State and Local Government Conflict of Interests Act. 2.16. Roll Call Procedure. 7.g.a Packet Pg. 50 Attachment: 2020 BOS Bylaws Proposed Changes (1955 : BOS By-law Revisions Adoption (Staff Contact: J. Vaden Hunt, Esq.)) Page 6 of 9 (1) Board Members shall either cast votes in District order on a rotating basis, or simultaneously if using an approved electronic voting method. (2) The Board Chairman shall cast the last vote, unless using an approved electronic voting method. 2.17. Remote Participation in Board Meeting. As authorized by Section 2.2-3708.21, Code of Virginia, 1950, as amended, the Board shall allow the participation of Board Members in a Meeting through electronic communication means from a remote location that is not open to the public subject to complying with all parts of the following written policy: 1. On or before the day of a Meeting, the Supervisor shall notify the Board Chairman that the Supervisor is unable to attend the meeting due a personal matter, and the Supervisor shall identify with specificity the nature of the personal matter, or the Supervisor shall notify the Board Chairman that the Supervisor is unable to attend a meeting due to a temporary or permanent disability or other medical condition that prevents the Supervisor’s physical attendance. The Board shall record the specific nature of the personal matter or fact of temporary or permanent disability, and the remote location from which the absent Supervisor participated in its minutes. 2. If the absent Supervisor’s remote participation is disapproved, because such participation would violate the strict and uniform application of this written policy, such disapproval shall be recorded in the Board’s Minutes. 3. Such participation by the absent Supervisor shall be limited in each calendar year to two (2) meetings. 4. A quorum of the Board shall be physically assembled at the primary or central meeting location. 5. The Board shall arrange for the voice of the absent Supervisor to be heard by all persons in attendance at the primary or central meeting location. ARTICLE III. COUNTY ADMINISTRATOR. 3.1. The Board may appoint a County Administrator who shall serve at the pleasure of the Board. Once appointed, the County Administrator shall be the Chief Administrative Officer of the County and shall perform his/her duties in accordance with the laws of the Commonwealth and the policies of the County as established by the Board for that purpose. When the Board is not in session, the County Administrator shall receive guidance concerning policy from the Chairman, and in his/her absence, the Vice-Chairman. 3.2. The County Administrator shall be in complete charge of personnel of the County and shall, in accordance with established policy, hire, and fire. Any action of the County Administrator concerning dismissal of personnel is subject to review by the Board and can be reversed by a two- 7.g.a Packet Pg. 51 Attachment: 2020 BOS Bylaws Proposed Changes (1955 : BOS By-law Revisions Adoption (Staff Contact: J. Vaden Hunt, Esq.)) Page 7 of 9 thirds (2/3) vote of the Board. Such review shall be limited to charges of discrimination and failure to follow Personnel Policies on the part of the County Administrator in the conduct of dismissal. 3.3. The County Administrator shall serve as the Purchasing Agent for the County as defined by/under the County Code. 3.4. He/she shall have charge of the administration of the financial affairs of the County, and to that end, shall have authority and be required to: (a) Cooperate with the Board in compiling estimates for the current expense and Capital Budgets. (b) Supervise and control all encumbrances, expenditures, and disbursements to ensure that Budget appropriations are not exceeded; and keep the Board advised as to the financial needs of the County. (c) Require, at such intervals as he may deem expedient or as instructed by the Board, a Report of Receipts from each of the departments, boards, commissions, agencies, and he/she may prescribe the times at, and the manner in which money is received by them, shall be paid to the County Treasurer or deposited subject to modifications as prescribed and set forth in the general laws of the Commonwealth. He/she may also examine all contracts, purchase orders, and other documents which create financial obligations against the County, and approve the same only upon ascertaining that money has been appropriated and allotted; therefore, subject however, to the provision that the Board may in its discretion and judgment, amend, modify, and alter this requirement to meet a specific need or requirement of a particular piece of legislation approved by the Board. ARTICLE IV. BOARD COMMITTEES. 4.1. The Board Standing Committees shall be as follows: (a) Finance/Insurance: To aid and advise in the preparation on the County Budget and make recommendations concerning Fiscal Policy. (b) Personnel: To review policies and practices and make recommendations regarding the same. (c) Property/Building: To view buildings and grounds and make recommendations regarding the same. (d) Legislative Committee: The Legislative Committee, in collaboration with the County Attorney, shall review, propose changes, and maintain current revisions to the Board of Supervisors’ Bylaws and Rules of Procedure; review, propose changes, and maintain current revisions to the Pittsylvania County Board of Supervisors Policies and Procedures Manual; and review, propose changes, set public hearings for any proposed changes, and maintain current revisions to the Pittsylvania County Code. 7.g.a Packet Pg. 52 Attachment: 2020 BOS Bylaws Proposed Changes (1955 : BOS By-law Revisions Adoption (Staff Contact: J. Vaden Hunt, Esq.)) Page 8 of 9 4.2. At the Board’s Reorganizational Meeting, or at any other appropriate time(s), membership to the above-Standing Committees and the following entities above-committees, and other specified committees, shall be appointed by the Board Chairman from the Board Membership. Any appointment so made shall be for a specific term of office as determined by the Chairman: . (a) Computer/Radio/Telecommunications (b) BOS/School Joint Liaison (c) Economic Development (d) Solid Waste (e) Dan River Business Development Center (f) Danville-Pittsylvania Regional Facility Authority (g) Fire and Rescue Commission (h) Local Elected Officials (i) Metropolitan Planning Organization (j) Pittsylvania County Community Action Agency (k) Pittsylvania County Planning Commission (l) Roanoke River Basin Association (m) SARA Title III/D-PC Local Emergency Planning (n) Pittsylvania County Social Services Board (o) Virginia Association of Counties Committee (p) West Piedmont Planning District Commission (q) Community Policy Management Team (r) Staunton River Regional Facility Authority (s) Tri-County Lake Advisory Committee 4.3. The Board may, from time-to-time, direct that the Board Chairman appoint committees for a specific purpose with a limited duration. 4.4. The Board Chairman shall be authorized to temporarily participate, including voting, in any committee for the purpose of creating a quorum. and/or acting. 4.5. The Board and/or Board Chairman shall be authorized, to the extent allowed by law, to remove any of its/his appointee(s) to any any committee or other entity.board, committee, or any similar entity/organization. 4.6. The Board shall strive to require all potential committee or other entity appointees to submit a letter of interest, resume, and/or application prior to appointment. 4.7. The Board shall strive to create a uniform stipend policy for all appointed committees and other entities. ARTICLE V. CERTAIN ORDINANCES AND RESOLUTIONS TO LIE OVER. 5.1. No Ordinance or Resolution imposing taxes or appropriating money from General Fund balances, not included in the adopted Budget, in excess of $50,000, shall be passed until after ten 7.g.a Packet Pg. 53 Attachment: 2020 BOS Bylaws Proposed Changes (1955 : BOS By-law Revisions Adoption (Staff Contact: J. Vaden Hunt, Esq.)) Page 9 of 9 (10) days from the introduction thereof. This shall not restrict the appropriation of State, Federal, or other funds not in the current General Fund balances. ARTICLE VI. RECORDATION OF ORDINANCES AND RESOLUTIONS. 6.1. Every Resolution upon its final passage shall be recorded in a book kept for that purpose and shall be authenticated by the signature of the Chairman and the County Administrator. 6.22. Every Resolution shall be authenticated and recorded in the same manner as in 6.1-above. 6.3. Every Motion appropriating funds or adopting an Ordinance shall be by Roll Call vote. 6.4. Every Ordinance passed by the Board shall be incorporated into the Pittsylvania County Code. ARTICLE VII. AMENDMENTS AND ADOPTIONS. 7.1. Amendments to these By-Laws and Rules of Procedure may be made at any Board Meeting by a majority vote of the Board present, after a notice of intent to amend has been given to each Board member not less than ten (10) days prior to such Meeting. 7.2. Adoption of the By-Laws and Rules of Procedures shall be by simple majority vote of the Board present and shall be in force and effect on the day after their passage. 7.g.a Packet Pg. 54 Attachment: 2020 BOS Bylaws Proposed Changes (1955 : BOS By-law Revisions Adoption (Staff Contact: J. Vaden Hunt, Esq.)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Appointment of Acting Building Official (Staff Contact: Richard N. Hicks) Staff Contact(s): Richard N. Hicks Agenda Date: March 17, 2020 Item Number: 7.h Attachment(s): Reviewed By: SUMMARY: In accordance with 13 VAC 5-63-50, Section 105, the County shall have a building official as the Executive Official in charge of the Department. The County currently does not have one, and County Staff is requesting that Karen N. Hayes be appointed as the County’s Acting Building Official. Once the new Community Development Director begins work, a decision will be made regarding a permanent appointment. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board appoint Karen N. Hayes as the County’s Acting Building Official. MOTION: “I make a Motion to appoint Karen N. Hayes as the County’s Acting Building Official.” 7.h Packet Pg. 55 Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Waiver of Solid Waste Tipping Fees (Staff Contact: Richard N. Hicks) Staff Contact(s): Richard N. Hicks Agenda Date: March 17, 2020 Item Number: 7.i Attachment(s): McDaniel Assignment Reviewed By: SUMMARY: County Staff has been working for a significant amount of time on the cleanup of the McDaniel property on Mt. Cross Road. A Court Order (the “Order”) was issued allowing the County to clean up the property and the County also won an appeal related to said Order. The property was sold for delinquent taxes and the new owners began the process of cleaning up the property but ran into issues with the prior owner. To help alleviate those issues, the County assigned its rights under the Order to clean up the property to the new owners. To assist in this cleanup, County Staff is requesting that the tipping fees be waived for any debris/solid waste removed from the property. For your review, a copy of the Assignment is attached. FINANCIAL IMPACT AND FUNDING SOURCE: The County would absorb the costs of the disposal of the debris/solid waste from the property. RECOMMENDATION: County Staff recommends the Board waive the tipping fees at the landfill for debris/solid waste removed from the property at 2501 Mt. Cross Road for a period not to exceed ninety (90) days. MOTION: “I make a Motion to waive any and all tipping fees for the debris/solid waste removed from the property at 2501 Mt. Cross Road for a period not to exceed ninety (90) days.” 7.i Packet Pg. 56 Page 1 of 3 ASSIGNMENT OF SERVICES BETWEEN PITTSYLVANIA COUNTY, VIRGINIA, AND CHRIS TOUFAS AND KEITH FIELDS This ASSIGNMENT OF SERVICES (“Assignment”) is made effective as of the 5th day of March, 2020, by and between PITTSYLVANIA COUNTY, VIRGINIA (the “County”), 1 Center Street, P.O. Box 426, Chatham, Virginia 24531, and CHRIS TOUFAS, 2040 Pine Lake Road, Danville, Virginia, 24541, and KEITH FIELDS, 145 Wentz Circle, Danville, Virginia 24541 (“Assignees”). 1. ASSIGNEMENT OF SERVICES. The Assignees purchased real property located at 2501 Mount Cross Road, Danville, Virginia 24531, GPIN 2308-57-1814 (the “Property”) at a County Delinquent Tax Auction on December 19, 2019. Said Delinquent Tax Sale was confirmed/certified by the Pittsylvania County Circuit Court on January 28, 2020. At a Pittsylvania Circuit Court trial on July 17, 2019, Michael McDaniel, the previous owner of the Property, was found to be in violation of Pittsylvania County Code § 17-3(O) relating to the accumulation of illegal solid waste on the Property. On September 5, 2019, the Pittsylvania County Circuit entered an Order, attached hereto as Exhibit “A” and made a part hereof, granting the County “or its agents” the power to “remedy any and all solid waste violations on the Property.” The County hereby formally and legally assigns said right to remedy the solid waste violations on the Property contained in the Order to the Assignees. 2. PAYMENT. For the Assignment contained herein, the County shall pay the Assignees no money for the solid waste clean-up of the Property. Consideration for this Assignment shall be that the Assignees shall be able to capture all monies from materials cleaned-up and removed from the Property. 3. TERM. This Assignment may be terminated by either party upon thirty (30) days prior written notice to the other party. 4. INSURANCE. The Assignees shall maintain insurance on the Property for the duration of the Assignment’s Term. 5. INDEMNIFICATION. The Assignees agrees to indemnify and save harmless the County, its officers, agents, employees, and volunteers from any and all losses, expenses, costs, and claims, including but not limited to costs of investigation, all reasonable attorneys’ fees (whether or not litigation results), and the cost of any appeal, occurring or arising in connection with Assignees’, its agents’, subcontractors’, employees’, or volunteers’ negligence or wrongful acts or omissions in connection with its performance of this Assignment. Nothing contained in this Assignment shall be deemed to be a waiver of the County’s sovereign immunity. 6. REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term, or condition of this Assignment, the other party may terminate it by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the 7.i.a Packet Pg. 57 Attachment: McDaniel Assignment (1963 : Waiver of Solid Waste Tipping Fees (Staff Contact: Richard N. Hicks)) Page 2 of 3 default. The party receiving such notice shall have thirty (30) days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Assignment. 7. ENTIRE AGREEMENT. This Assignment contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Assignment. This Assignment supersedes any prior written or oral agreements between the parties. 8. SEVERABILITY. If any provision of this Assignment is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a Court finds that any provision of this Assignment is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. 9. AMENDMENT. This Assignment may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated. 10. GOVERNING LAW. This Assignment shall be construed in accordance with the laws of the Commonwealth of Virginia. 11. NOTICE. Any notice or communication requires or permitted under this Assignment shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph, or to such other address as one party may have furnished to the other in writing. 12. WAIVER. The failure of either party to enforce any provision of this Assignment shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Assignment. 13. ATTORNEY’S FEES TO PREVAILING PARTY. In any action arising hereunder or any separate action pertaining to the validity of this Assignment, each party shall pay any and all of its/their own related legal fees. 14. CONSTRUCTION AND INTERPRETATION. The rule requiring construction of interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort. IN WITNESS WHEREOF, the parties hereto have caused this Assignment to be executed by their duly authorized representatives as of the date first above written. 7.i.a Packet Pg. 58 Attachment: McDaniel Assignment (1963 : Waiver of Solid Waste Tipping Fees (Staff Contact: Richard N. Hicks)) Page 3 of 3 PITTSYLVANIA COUNTY, VIRGINIA By: __________________________________________ David M. Smitherman Its: County Administrator APPROVED AS TO FORM _________________________________________________ J. Vaden Hunt, Esq. Pittsylvania County Attorney CHRIS TOUFAS By: ___________________________________________ KEITH FIELDS By: ____________________________________________ 7.i.a Packet Pg. 59 Attachment: McDaniel Assignment (1963 : Waiver of Solid Waste Tipping Fees (Staff Contact: Richard N. Hicks)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Coles' Hill Pet Center Benefit Trail Ride Contract Approval (Staff Contact: James P. McLaughlin) Staff Contact(s): James P. McLaughlin Agenda Date: March 17, 2020 Item Number: 7.j Attachment(s): Gneral Contract for Services-Bedford County-Walter Coles Cole's Hill Trail Ride Reviewed By: SUMMARY: The Pet Center will be holding a Trail Ride on April 25, 2020, at Historic Coles’ Hill. The attached Contract between the County and the Coles outline the services provided for this event. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff recommends the Board approve the attached contract for the Coles’ Hill Trail Ride as presented. MOTION: “I make a Motion to approve the attached contract for the Coles’ Hill Trail Ride as presented.” 7.j Packet Pg. 60 Page 1 of 3 GENERAL CONTRACT FOR SERVICES BETWEEN PITTSYLVANIA COUNTY, VIRGINIA, AND ALICE COLES AND WALTER COLES This GENERAL CONTRACT FOR SERVICES (“Contract”) is made effective as of the __ day of _________, 2020, by and between PITTSYLVANIA COUNTY, VIRGINIA (the “County”), 1 Center Street, P.O. Box 426, Chatham, Virginia 24531, and ALICE COLES and WALTER COLES (“Coles”), 1040 Coles Road, Chatham, Virginia 24531. 1. DESCRIPTION OF SERVICES. On April 25, 2020, the Coles will provide to the County with the following services (“Services”): Use of historic Coles’ Hill property for a trail ride and catered supper to benefit the County’s Pet Center (“Event”). 2. PAYMENT. No Payment for the Services/Event is required from the County to the Coles. 3. TERM. This Contract may be terminated by either party upon thirty (30) days prior written notice to the other party. 4. LIABILITY. All Event participants shall execute a Release of Liability, a template for the same is attached hereto as Exhibit “A” and made a part hereof. 5. TRASH. The County will be responsible for the removal of all trash from the premises upon the conclusion of the Event. 6. LAND DISTURBANCE. The County will be responsible to reasonably restore any land that is disturbed back to its original condition at the conclusion the Event, including, but limited to, roads, trails, and fields. 7. INSURANCE. The County shall provide liability insurance coverage for Coles for the Event. Said proof of coverage shall be attached to this Contract as Exhibit “B” and made a part hereof. 8. WAIVER. The County shall ensure that all Event participants sign Release, Waiver, and Indemnity Agreement attached hereto as Exhibit “C” and made a part hereof. 9. REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term, or condition of this Contract, the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have thirty (30) days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract. 10. ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written 7.j.a Packet Pg. 61 Attachment: Gneral Contract for Services-Bedford County-Walter Coles (1961 : Cole's Hill Pet Center Benefit Trail Ride Contract Approval (Staff Page 2 of 3 concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties. 11. SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. 12. AMENDMENT. This Contract may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated. 13. GOVERNING LAW. This Contract shall be construed in accordance with the laws of the Commonwealth of Virginia. 14. NOTICE. Any notice or communication requires or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph, or to such other address as one party may have furnished to the other in writing. 15. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract. 16. ATTORNEY’S FEES TO PREVAILING PARTY. In any action arising hereunder or any separate action pertaining to the validity of Contract, each party shall pay any and all of its/their own related legal fees. 17. CONSTRUCTION AND INTERPRETATION. The rule requiring construction of interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their duly authorized representatives as of the date first above written. 7.j.a Packet Pg. 62 Attachment: Gneral Contract for Services-Bedford County-Walter Coles (1961 : Cole's Hill Pet Center Benefit Trail Ride Contract Approval (Staff Page 3 of 3 PITTSYLVANIA COUNTY, VIRGINIA By: __________________________________________ Robert “Bob” W. Warren Its: Chairman, Pittsylvania County Board of Supervisors APPROVED AS TO FORM __________________________________ J. Vaden Hunt, Esq. Pittsylvania County Attorney ALICE COLES By: __________________________________ Alice Coles WALTER COLES By: __________________________________ Walter Coles 7.j.a Packet Pg. 63 Attachment: Gneral Contract for Services-Bedford County-Walter Coles (1961 : Cole's Hill Pet Center Benefit Trail Ride Contract Approval (Staff 7.j.b Packet Pg. 64 Attachment: Cole's Hill Trail Ride (1961 : Cole's Hill Pet Center Benefit Trail Ride Contract Approval (Staff Contact: James P. McLaughlin)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Purchase of Service Weapon (Contact: Sheriff Taylor) Staff Contact(s): Sheriff Taylor Agenda Date: March 17, 2020 Item Number: 7.k Attachment(s): 03-06-2020 Letter from Sheriff Taylor Reviewed By: SUMMARY: Over the years, the Board has approved requests to purchase service weapons issued to members of the County Sheriff’s Office meeting the requirements of Virginia Code §59.1-148.3, Purchase of Handguns of Certain Officers. Attached please find a letter from the Honorable Mike Taylor, Sheriff, stating that Donald Motley, Alex Shields, Timothy West, and David Dutton were presented with their duty weapons at their retirement ceremony on December 31, 2019. FINANCIAL IMPACT AND FUNDING SOURCE: The service weapons were purchased for $1.00 each. RECOMMENDATION: County Staff recommends the Board approve Sheriff Taylor’s transfer of service weapons to Donald Motley, Alex Shields, Timothy West, and David Dutton. MOTION: “I make a Motion to approve Sheriff Taylor’s transfer of service weapons to Donald Motley, Alex Shields, Timothy West, and David Dutton.” 7.k Packet Pg. 65 7.k.a Packet Pg. 66 Attachment: 03-06-2020 Letter from Sheriff Taylor (1960 : Purchase of Service Weapon (Contact: Sheriff Taylor)) Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Isaiah Griffin Recognition Presentation (Contact: Supervisor Farmer) Staff Contact(s): Supervisor Farmer Agenda Date: March 17, 2020 Item Number: 8.a Attachment(s): Isaiah Griffin Reviewed By: Isaiah Griffin, Gretna High School Sophomore, will be present to accept a Certificate of Excellence in recognition of his heroic efforts of saving his family during a January 13, 2020, house fire. 8.a Packet Pg. 67 o sI1\ate N jtiter,rIJ Mz M x1' r+ w w a 0 ...,. III: ft 0 ND P- (C UQ tjrrnn C t'0.D j• CD jr oi- t () '_'• s, u • w ,-,- P P c);: O o ?J r+ p O j 4 OA: 0 po Pi"- r+ 0-- 1 t_ O C) r+ ` `i CD p ¢- P A) r+ 5'p 5. E O a. ZS t o0 r+; 11111I CD CD R. o R. CSD Q- A)r-r- pi) • w 6 ,, n P. 1141% 0.. pCD a, hi id O o w cp o N 11 p 1-41 (rQ C r+ cn Q C. O o 0 r+ 'H f' n A CD N rpt H.- C i-t O A) to CP Pon pa. cp coo C o cg r+ ii O L p vs ti 4= jA) It 8.a.aPacket Pg. 68Attachment: Isaiah Griffin (1956 : Isaiah Griffin Recognition Presentation (Supervisor Farmer)) Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Elijah Moshenek Recognition Presentation (Contact: Supervisor Davis) Staff Contact(s): Supervisor Davis Agenda Date: March 17, 2020 Item Number: 8.b Attachment(s): Elijah "Bam" Moshenek Reviewed By: Elijah Moshenek, Dan River High School Junior, will be present to accept a Certificate of Excellence in recognition of his February 22, 2020, VHSL Class 2 Wrestling State Championship. 8.b Packet Pg. 69 cLti% fl 3 4 CD CD . N i, O C r CD 0 NpCD-• 3 r Cl) r* o -tt 5• C°.. L Fi g. 1cno 1: 0 0 1- E 4 CD CD i..) a, 6, o Cn oIlir o r p O r+ `C O 0 N CD CD O cp r-r CD A) 0 `0C 1CA Cr CCD Cl)Or+ C Po O cr '1 '- • CD CDri) 4CDWaQ n p) s 8.b.aPacket Pg. 70Attachment: Elijah "Bam" Moshenek (1957 : Elijah Moshenek Recognition Presentation (Supervisor Davis)) Board of Supervisors EXECUTIVE SUMMARY INFORMATION ITEM Agenda Title: Arlene Davis Recognition Presentation (Contact: Supervisor Dudley) Staff Contact(s): Supervisor Dudley Agenda Date: March 17, 2020 Item Number: 8.c Attachment(s): Arlene Poindexter Davis Reviewed By: Arlene Davis will be present to accept a Certificate of Excellence in honor of her twenty-eight (28) years of service to the United States of America. 8.c Packet Pg. 71 r-n *.?v,.r h y ` .rr Lu 41..,,rr%r •'y/p^^,,=.,-- . 1r,. 4\:. rjrrt\ i, am ' ' 4, ' J - \/ Ju.: c!r:zK•?:ec4xcOftliltAlkOttoraro..mg.^ xx msm,.. rrnw..nr yx..,A ur .,•,•..r u +xi A .. r i •M40, r..wA,ROxrrOaua!0XMX.X, M5.4Yex*Y00% JV.L Ili:r , ‘,. rjEn :4--,(Ori4: r+ A) p. tO to O O r'"c n 9-' cl) '-h" '1,-,-1 r(Z i:0 , ,f.,Cr ••••?: se.....1.. 1. ...V •.•,,...A 4.....,..Z:......21:71.7‘.... : cf: i....0.4..". r+1: :0:1 0C... 1 c.,<I,, Cf) b.... i!.... !1.1;>0::,......1CD r ,,,,:\ CD 0 1 1x), -... -. 7,- r7:0‘.., ...- -- r;-ji:•:-/ :•-.4.%,, o A) a. cA t-t- $1) - 1-r, ig2p. C;. 1-3 1 S... clpa " w m cci P; o CI °-"'Z ' ICI AI 2 4111- 1:-41, Cli cnr* ...._ f•-• k 1, 2a _.,..& ; p., f--,---,: to, c 3 CD rr 0 L., r-- O 'f.t...J 00-1 rif, 1) 2 :(,.-, :,.; ._.,,,, i_t( is) :,..---67.i , o,: :- c 4:...,„, 11,04 tf,tUWH 1_, P 1111:11:) Ith Cil 0) C—I r) 11 F1. 4.) /II r2CID 1,! i; f'' rt CD F-+ p l s 0 IQ i... y„At,f ,, i/, zi u a 4..' t iw0 .•4-, f;,,,k#,,rt;: 1; 15.,PI) 1 t 1) 5- ("r (4 7\,p p. c !. e) ci: I bl al r p I A) i-t O t/.7 Occ, O 1.1 rr 1°- 4 6 '1'4 IS **1° iliolti°- 14"--11w., '10 41110,----4: 141- --, vi, r.nn`ra 7 m..4 rte, ,••, m t 4101 -------------- --4,/t20,—1-• 1y j>,-;-4i—5.. t.... q1.,..` W ii . . t 540 ..i Wiw.S.. C.!lil 111.. N-iril.''.: .—. — .:,. a:A/,. 1 A!' ""i 8.c.aPacket Pg. 72Attachment: Arlene Poindexter Davis (1958 : Arlene Davis Recognition Presentation (Supervisor Dudley)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Rezoning Case R-20-003; Julie M. Owen; Dan River Election District; R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (Contact: Supervisor Davis) Staff Contact(s): Karen N. Hayes Agenda Date: March 17, 2020 Item Number: 10.A.1 Attachment(s): OWEN - CASE R-20-003 OWEN - CASE R-20-003 MAP Reviewed By: SUMMARY: In Case R-20-003, Julie M. Owen, Petitioner, has petitioned to rezone a total of 19.88 acres, two (2) parcels of land, from R-1, Residential Suburban Subdivision District, to A-1, Agricultural District (for agricultural uses). The parcels are located on Chaney’s Store Road in the Dan River Election District. Once the properties are rezoned, all uses listed under Pittsylvania County Code § 35-178 are permitted. The Planning Commission, with no opposition, recommended granting the Petitioner’s request. The County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff submits this item to the Board for its review and consideration. 10.A.1 Packet Pg. 73 10.A.1.a Packet Pg. 74 Attachment: OWEN - CASE R-20-003 (1946 : Public Hearing: Rezoning Case R-20-003 Julie M. Owen) 10.A.1.a Packet Pg. 75 Attachment: OWEN - CASE R-20-003 (1946 : Public Hearing: Rezoning Case R-20-003 Julie M. Owen) 10.A.1.a Packet Pg. 76 Attachment: OWEN - CASE R-20-003 (1946 : Public Hearing: Rezoning Case R-20-003 Julie M. Owen) 10.A.1.a Packet Pg. 77 Attachment: OWEN - CASE R-20-003 (1946 : Public Hearing: Rezoning Case R-20-003 Julie M. Owen) 10.A.1.a Packet Pg. 78 Attachment: OWEN - CASE R-20-003 (1946 : Public Hearing: Rezoning Case R-20-003 Julie M. Owen) 10.A.1.a Packet Pg. 79 Attachment: OWEN - CASE R-20-003 (1946 : Public Hearing: Rezoning Case R-20-003 Julie M. Owen) 10.A.1.a Packet Pg. 80 Attachment: OWEN - CASE R-20-003 (1946 : Public Hearing: Rezoning Case R-20-003 Julie M. Owen) 10.A.1.a Packet Pg. 81 Attachment: OWEN - CASE R-20-003 (1946 : Public Hearing: Rezoning Case R-20-003 Julie M. Owen) 10.A.1.a Packet Pg. 82 Attachment: OWEN - CASE R-20-003 (1946 : Public Hearing: Rezoning Case R-20-003 Julie M. Owen) 10.A.1.a Packet Pg. 83 Attachment: OWEN - CASE R-20-003 (1946 : Public Hearing: Rezoning Case R-20-003 Julie M. Owen) 10.A.1.a Packet Pg. 84 Attachment: OWEN - CASE R-20-003 (1946 : Public Hearing: Rezoning Case R-20-003 Julie M. Owen) 10.A.1.a Packet Pg. 85 Attachment: OWEN - CASE R-20-003 (1946 : Public Hearing: Rezoning Case R-20-003 Julie M. Owen) 10.A.1.a Packet Pg. 86 Attachment: OWEN - CASE R-20-003 (1946 : Public Hearing: Rezoning Case R-20-003 Julie M. Owen) Legend Assessed Parcels Parcels Route Numbers Appeals Rezoning Signs Special Uses Variances Zoning Unknown A-1 = Agricultural District B-1 = Business District, Limited B-2 = Business District, General C-1 = Conservation District DZ = Double Zoned Parcels M-1 = Industrial District, Light Industry M-2 = Industrial District, Heavy Industry MHP = Residential Manuf. Housing Park District R-1 = Residential Suburban Subdivision District RC-1 = Residential Combined Subdivision Distric RE = Residential Estates District RMF = Residential Multi-Family Subdivision Distric RPD = Residential Planned Development District TZ = Town Zoning UK = Unknown County Boundary Title: OWEN - CASE R-20-003 Date: 1/29/2020 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how current it may be. 10.A.1.b Packet Pg. 87 Attachment: OWEN - CASE R-20-003 MAP (1946 : Public Hearing: Rezoning Case R-20-003 Julie M. Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Rezoning Case R-20-004; Derek T. Maddox; Staunton River Election District, RC-1, Residential Combined Subdivision District, to A-1, Agricultural District (Contact: Supervisor Dudley) Staff Contact(s): Karen N. Hayes Agenda Date: March 17, 2020 Item Number: 10.A.2 Attachment(s): MADDOX - CASE R-20-004 MADDOX - CASE R-20-004 MAP Reviewed By: SUMMARY: In Case R-20-004, Derek T. Maddox, Petitioner, has petitioned to rezone 22.69 acres from RC-1, Residential Combined Subdivision District, to A-1, Agricultural District (to allow for subdivision of the property for a family member and to raise cattle). The parcel is located on Shula Drive in the Staunton River Election District. Once the property is rezoned, all uses listed under Pittsylvania County Code § 35-178 are permitted. The Planning Commission, with no opposition, recommended granting the Petitioner’s request. The County Staff Summary is attached. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: County Staff submits this item to the Board for its review and consideration. 10.A.2 Packet Pg. 88 10.A.2.a Packet Pg. 89 Attachment: MADDOX - CASE R-20-004 (1947 : Public Hearing: Rezoning Case R-20-004 Derek T. Maddox) 10.A.2.a Packet Pg. 90 Attachment: MADDOX - CASE R-20-004 (1947 : Public Hearing: Rezoning Case R-20-004 Derek T. Maddox) 10.A.2.a Packet Pg. 91 Attachment: MADDOX - CASE R-20-004 (1947 : Public Hearing: Rezoning Case R-20-004 Derek T. Maddox) 10.A.2.a Packet Pg. 92 Attachment: MADDOX - CASE R-20-004 (1947 : Public Hearing: Rezoning Case R-20-004 Derek T. Maddox) 10.A.2.a Packet Pg. 93 Attachment: MADDOX - CASE R-20-004 (1947 : Public Hearing: Rezoning Case R-20-004 Derek T. Maddox) 10.A.2.a Packet Pg. 94 Attachment: MADDOX - CASE R-20-004 (1947 : Public Hearing: Rezoning Case R-20-004 Derek T. Maddox) 10.A.2.a Packet Pg. 95 Attachment: MADDOX - CASE R-20-004 (1947 : Public Hearing: Rezoning Case R-20-004 Derek T. Maddox) 10.A.2.a Packet Pg. 96 Attachment: MADDOX - CASE R-20-004 (1947 : Public Hearing: Rezoning Case R-20-004 Derek T. Maddox) 10.A.2.a Packet Pg. 97 Attachment: MADDOX - CASE R-20-004 (1947 : Public Hearing: Rezoning Case R-20-004 Derek T. Maddox) 10.A.2.a Packet Pg. 98 Attachment: MADDOX - CASE R-20-004 (1947 : Public Hearing: Rezoning Case R-20-004 Derek T. Maddox) 10.A.2.a Packet Pg. 99 Attachment: MADDOX - CASE R-20-004 (1947 : Public Hearing: Rezoning Case R-20-004 Derek T. Maddox) 10.A.2.a Packet Pg. 100 Attachment: MADDOX - CASE R-20-004 (1947 : Public Hearing: Rezoning Case R-20-004 Derek T. Maddox) 10.A.2.a Packet Pg. 101 Attachment: MADDOX - CASE R-20-004 (1947 : Public Hearing: Rezoning Case R-20-004 Derek T. Maddox) Legend Assessed Parcels Parcels Route Numbers Appeals Rezoning Signs Special Uses Variances Zoning Unknown A-1 = Agricultural District B-1 = Business District, Limited B-2 = Business District, General C-1 = Conservation District DZ = Double Zoned Parcels M-1 = Industrial District, Light Industry M-2 = Industrial District, Heavy Industry MHP = Residential Manuf. Housing Park District R-1 = Residential Suburban Subdivision District RC-1 = Residential Combined Subdivision Distric RE = Residential Estates District RMF = Residential Multi-Family Subdivision Distric RPD = Residential Planned Development District TZ = Town Zoning UK = Unknown County Boundary Title: MADDOX - CASE R-20-004 Date: 1/29/2020 DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records, information, and data obtained from various sources, and Pittsylvania County is not responsible for its accuracy or how current it may be. 10.A.2.b Packet Pg. 102 Attachment: MADDOX - CASE R-20-004 MAP (1947 : Public Hearing: Rezoning Case R-20-004 Derek T. Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Public Hearing: Land Use Forms Due Date Changes; PCC Chapter 6 Revisions (Staff Contact: J. Vaden Hunt, Esq.) Staff Contact(s): J. Vaden, Hunt. Esq. Agenda Date: March 17, 2020 Item Number: 10.B.1 Attachment(s): Land Use Changes Reviewed By: SUMMARY: The Honorable Robin Goard, County Commissioner of the Revenue, has requested changes to Chapter 6 of the Pittsylvania County Code (“PCC”) related to bringing the annual due dates for County Land Use Forms into compliance with the Board’s recent changes in the annual County Tax Due Dates from December 20th to December 10th and from June 20th to June 10th. For the Board’s reference and review, said proposed revisions to PCC Chapter 6 are attached and specifically impact the following PCC Sections: § 6-12.1(B); § 6-12.1(C); and § 6-12.7.1(B). This item has been legally and duly advertised for the required Public Hearing. FINANCIAL IMPACT AND FUNDING SOURCE: None. RECOMMENDATION: Following of the holding of the legally required Public Hearing, County Staff recommends the Board approve the revisions to PCC Chapter 6 as presented. MOTION: “I make a Motion to approve the revisions to Pittsylvania County Code Chapter 6 as presented.” 10.B.1 Packet Pg. 103 SEC. 6-12.1. APPLICATION BY PROPERTY OWNER. A. The owner of any real estate meeting the criteria set forth in §§ 58.1-3229 - 58.1-3244, Code of Virginia, 1950, as amended, may, on or before November 1 prior to the year for which such taxation is sought, apply to the Commissioner of the Revenue for the classification, assessment, and taxation of such property for the next succeeding tax year on the basis of its use, under the procedures set forth in §§ 58.1-3229 - 58.1-3244, Code of Virginia, 1950, as amended. Such application shall be on forms provided by the State Department of Taxation and supplied by the Commissioner of Revenue and shall include such additional schedules, photographs, and drawings as may be required by the Commissioner of Revenue. An individual who is the owner of an undivided interest in a parcel may apply on behalf of himself and the other owners of such parcel upon submitting an affidavit that such other owners are minors or cannot be located. An application shall be submitted whenever the use or acreage of such land previously approved changes. (B.S.M. 09/05/89); (B.S.M. 02/16/10); (B.S.M. 02/20/2018) B. A separate application shall be filed for each parcel on the land book. The owner of any property accepted into land use classification as provided for in this Chapter shall annually recertify to the Commissioner of the Revenue on forms (County Land Use Form 1 and County Land Use Form 2) provided by the locality mailed to the owner of said real estate with the tax statement for real estate taxes due and payable on December 120th of each year. The annual recertification shall be completed and returned to the Commissioner of Revenue’s Office Office of the Treasurer on or before the date that the December tax payment is due. (B.S.M.02/19/13); (B.S.M. 02/20/2018) C. Pursuant to authority in § 58.1-3234(3), Code of Virginia, 1950, as amended, the Board hereby provides for the late filing (12/120 - 12/31) of land use revalidation forms on or before the effective date of the assessment, on payment of a late filing fee of one-hundred dollars ($100.00) per parcel of qualifying land. (B.S.M. 09/16/14) SEC. 6-12.7.1. VOLUNTARY WITHDRAWAL WITH CONTINUATION OF QUALIFICATION. A. Any person wishing to voluntarily remove their land from land use taxation is hereby permitted to so do without assessment of roll-back taxes as long as the use or acreage does not change such to preclude qualification for land use taxation, or the zoning of the real estate is not changed to a more intensive use at the request of the owner or his agent for the next five (5) years following the withdrawal of the property from land use taxation and the re-imposition of fair market taxation. However, if within the five (5) years following the withdrawal of the real property from land use taxation and the initiation of fair market taxation, if said parcel of land is altered to nonqualifying use or the acreage is reduced such to make the property nonqualifying or the property is rezoned to a more intensive use at the request of the land owner or his agent, the property shall then be assessed the appropriate roll-back taxes from the date of nonqualifying. If the property voluntarily withdrawn from land use taxation is subject to an acreage change by the owner, then only that portion which no longer would qualify had the property remained in land use taxation be subject to rollback taxes and interest as provided in this Chapter. The taking of real estate which is being 10.B.1.a Packet Pg. 104 Attachment: Land Use Changes (1959 : Public Hearing: Land Use Date PCC Chapter 6 Revisions (Staff Contact: J. Vaden Hunt, Esq.)) valued, assessed, and taxed under this Ordinance by right of eminent domain shall not subject the real estate so taken to the roll-back taxes herein opposed. B. Any person who wishes to voluntarily withdraw their real estate from land use taxation and voluntarily revert to fair market taxation shall, for the next five (5) years following withdrawal of the real property from land use taxation, file the annual recertification provided for in Section 6- 12.1(b). The owner of any property accepted into land use classification as provided for in this Chapter shall annually recertify to the Commissioner of Revenue on forms provided by the County and mailed to the owner of said real estate with the tax statement for real estate taxes due and payable on December 120th of each year. The annual recertification shall be completed and returned to the Commissioner of the Revenue’s Office Office of the Treasurer on or before the date that the December tax payment is due. (B.S.M. 02/20/2018) 10.B.1.a Packet Pg. 105 Attachment: Land Use Changes (1959 : Public Hearing: Land Use Date PCC Chapter 6 Revisions (Staff Contact: J. Vaden Hunt, Esq.)) Board of Supervisors EXECUTIVE SUMMARY ACTION ITEM Agenda Title: Matters from Closed Session Staff Contact(s): J. Vaden Hunt, Esq. Agenda Date: March 17, 2020 Item Number: 14.a Attachment(s): Reviewed By: 14.a Packet Pg. 106