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03-15-2011 BOS Adjourned Meeting~~ ci6l e ~`~ BOARD PACKET BOARD OF SUPERVISORS ADTOURNED MEETING MARCH 15, 2011 ~..~I 1767 G TO BE ADDED PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Closed Meeting -Callands Cannery SUBJECT/PROPOSAL/REQU E ST: Closed Meeting AGENDA DATE: 03-15-2011 ACTION: Yes CONSENT AGENDA: ACTION: ITEM NUMBER: 5(a) INFORMATION: STAFF CONTACT(S): Mr. Sleeper ATTACHMENTS: No BACKGROUND: The Board of Supervisors held the required and lawfully advertised public hearing on March 16, 2010 to receive citizen input on the proposed disposal of the Callands Cannery. Following an affirmative vote by the Board of Supervisors, the Callands Cannery was declared surplus property, authorized the County Attorney to negotiate a sale of this property following the solicitation and receipt of two appraisals. DISCUSSION: As this issue requires the Board of Supervisors to review and discuss the disposition of publicly held property where the discussion in Open Meeting would adversely affect the bargaining position or negotiating strategy of the public body, the Board of Supervisors is authorized to go into Closed Session. RECOMMENDATION: Staff recommends to the Board of Supervisors enter into Closed Session. Authority: §2.2-3711 (A) (3) of the Code of Virginia, 1950, as amended Subject Matter: Callands Cannery Purpose: Negotiation for Sale P1 HEARING OF CITIZENS PUBLIC HEARING CONSENT AGENDA PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Proclamation -National Animal Control Week SUBJECT/PROPOSAL/REOUEST: 03-15-2011 ACTION: 7(a) INFORMATION: Proclamation- National Animal Control Week STAFF CONTACT(S): CONSENT AGENDA: ACTION: Yes INFORMATION: William D. Sleeper ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: Each year, the Board of Supervisors supports the Animal Control Officers in Pittsylvania County, as well as those in other jurisdictions that provide the public safety of animal control in their communities. DISCUSSION: Attached hereto, is a proclamation on Animal Control Appreciation Week for the week of April 10`h-16`f', 2011. The Board of Supervisors is encouraging citizens to join in expressing their sincere appreciation and gratitude for the many hours of service provided by Animal Control Officers and safety for our community. RECOMMENDATION: Staff recommends the Board of Supervisors approve the attached proclamation and direct the County Administrator to submit it to the required news media. P2 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMATION NATIONAL ANIMAL CONTROL APPRECIATION WEEKApri110`h -April 16`h' 2011 VIRGINIA: AT THE ADJOURNED MEETING OF THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS IN THE GENERAL DISTRICT COURTROOM IN CHATHAM, VIRGINIA ON TUESDAY, MARCH 15, 2011, THE FOLLOWING PROCLAMATION WAS PRESENTED AND ADOPTED: Whereas, the National Animal Control Association has designated the second week in April each year as Animal Control Appreciation Week; and Whereas, the various Federal, State, and Local Government Officials throughout the Country takes this time to recognize, thank, and commend all Animal Control Officers for the dedicated service they provide to the Citizens, various Public Safety, Public Service Agencies and Departments throughout the Country; and Whereas, the Pittsylvania County Board of Supervisors would like to express its sincere thanks and appreciation for the outstanding service the Pittsylvania County Animal Control Department provides on a daily basis to the citizens of Pittsylvania County and to the various Public Safety, Public Services Agencies and Departments; and Whereas, the Pittsylvania County Board of Supervisors recognizes and commends the Animal Control Officers for the many dedicated and long hours of service they perform in serving this community, and for fulfilling their commitment to providing the highest and most efficient level of service; and WHEREAS, the Pittsylvania County Board of Supervisors wishes to commend each and every Animal Control Officer for their service, which is in keeping with the long and distinguished tradition of the Animal Control Profession; and Now, Therefore, Be It Hereby Resolved, by the Pittsylvania County Board of Supervisors officially recognize and proclaim the week of April 10`h through 16`h , 2011 as National Animal Control Appreciation Week and respectfully asks all Citizens, Public Safety, Health, and Public Service Personnel alike to join in expressing their sincere thanks, gratitude and appreciation for the many long hours of outstanding service and quality performance these outstanding individuals provide throughout the year to assure the safety and welfare of all. Given under my hand this I5`h day of March, 2011. Tim R. Barber, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors P3 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Proclamation -Governmental Purchasing Month SUBJECT/PROPOSAL/REOUEST: 03- l 5-2011 ACTION: 7(b) INFORMATION: Proclamation on Governmental Purchasing Month STAFF CONTACT(S): CONSENT AGENDA: ACTION: Yes INFORMATION: William D. Sleeper ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Commonwealth of Virginia participates in the National Institute of Governmental Purchasing and Pittsylvania County is a member of both the State and National organization. DISCUSSION: Attached hereto is a certificate of recognition from the Governor of Virginia declaring March as Governmental Purchasing Month in Virginia. RECOMMENDATION: Staff recommends the Board of Supervisors proclaim March as Governmental Purchasing Month in Pittsylvania County and support the Certificate of Recognition from Governor Robert McDonnell directing that notification be sent to all news media covering Pittsylvania County. P4 By virtue of the authority vested by the Constitution in the Governor of the Commonwealth of Virginia, there is hereby officially recognized: GOVERNMENTAL PURCHASING MONTH WHEREAS, the Virginia Association otGovemmental Purchasing, lnc. (VAGP), established in 1958, is the largest chapter of the National Institute of Governmental Purchasing, with approximately 1,100 professional public purchasing members employed by nearly 300 public entitle:, comprised of cities, counties, towns, state agencies, colleges, universities, public schools, hospitals, authorities and community service boards throughout Virginia; and WHEREAS, the Capital Area Purchasing Association (CAPA), also a chapter of the National Institute of Governmental Purchasing, was established in 1978, represents approximately 250 professional members in the Richmond metropolitan area; end WHEREAS, the purchasing acct rrralerials managemett profession, with an aggregate purchasing power of billions otdollars, has a tremendous impact on cite economy; and WHEREAS, pachasing and aneteriab management profiessionals work diligently w establish and mairrtain ethical standards in buying. and selttmg, to increase their knowledge of efTicient proctmmerd methods, to disseminate useful in}'ormation tCx its members artd b promote professionalism in public purchasing,; and WHEREAS, in addition to poaxh~ing goods and services, the purchasing and materials management professions engage in, or have durect responsibrlity for, executing, implementing and administering contracts, developing forecasts and procurement strategies, supervising and monitoring the flow and storage of materials, and deveioQisig working rehpiomftips with suppliers; and WHEREAS, governmental purchasing professior~ls contribute positively to our Commonwealth's public agencies end services by improving purchasing methods and practices and by utilizing new technologies to increase elTtcircncy and improve processes; NOW, THEREFORE, 1, Robert F. IvkDonnell, do hereby recognize March ZO11 as GOVERNMENTAL PURCHASING MONTH in our COMMONWEALTH OF VIRGINIA, and 1 call this observertee to the attention of all our citizens. ~~,~ P~ P5 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Proclamation -National County Government Week SUBJECT/PROPOSAL/REOUEST: Proclamation- National Public Safety Telecommunications Week 03-15-201 l ACTION: CONSENT AGENDA: ACTION: Yes STAFF CONTACT(S): William D. Sleeper ATTACHMENTS: Yes REVIEWED BY: 7(c) INFORMATION: INFORMATION: BACKGROUND: The Board of Supervisors annually passes resolutions to support the dispatchers in the County's Dispatch 911 Center for the work they do to provide safety for the community throughout the year. DISCUSSION: Attached hereto, is a proclamation establishing the National Public Safety Telecommunications Week for April 10th-16th, 2011 in Pittsylvania County. The Board of Supervisors express their sincere appreciation and honor the men and women who diligence and professionalism keeps the County and citizens of our community safe. RECOMMENDATION: Staff recommends the Board of Supervisors approve the attached proclamation and authorize the County Administrator to submit it to the required news media. P6 PITTSYLVANIA COUNTYBOARD OFSUPERVISORS PROCLAMATION NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK April 10'" -16`", 2011 Whereas, emergencies can occur at anytime that require police, fire or emergency medical services; and Whereas, when an emergency occurs the prompt response of police officers, firefighters and EMS personnel is critical to the protection of I ife and preservation of property; and Whereas, every day millions of people depend on the skill, expertise and commitment of the men and women who work in public safety telecommunications; and Whereas, Public Safety Telecommunicators are the first and most critical contact our citizens have with emergency services; and Whereas, Public Safety Telecommunicators are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them information and insuring their safety; and Whereas, Public Safety Telecommunicators of the Pittsylvania County 9-1-1 Center have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients; and Whereas, these individuals save countless lives by responding to emergency calls, dispatching emergency personnel and equipment and providing moral support to citizens in distress; and Whereas, each dispatcher has exhibited compassion, understanding and professionalism during the performance of their job in the past year; Now, Therefore, Be It Resolved, that the Pittsylvania County Board of Supervisors proclaims the week of April 10`" through 16`", 2011 to be National Telecommunications Week in Pittsylvania County, Virginia, in honor of the men and women whose diligence and professionalism keep our County and citizens safe. Given under my hand this day 15`" day of March, 2011. Tim R. Barber, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors P7 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 03-15-2011 ITEM NUMBER: 7(d) Proclamation -National Volunteer Week SUBJECT/PROPOSAL/REQUEST: Proclamation -National Volunteer Week STAFF CONTACT(S): Mr. William D. Sleeper ACTION: CONSENT AGENDA: ACTION: Yes ATTACHMENTS: Yes REVIEWED BY: INFORMATION: BACKGROUND: The Board of Supervisors reviews annually the support of the National Volunteer Week, particularly, for the volunteers for the Fire & Rescue services provided in Pittsylvania County. In order to recognize all of those volunteers that are providing millions of dollars worth of services to the citizens of Pittsylvania County, the Board of Supervisors hereby proclaims the week of April 10-16, 2011, as National Volunteer Week, as identified by the attached Proclamation. RECOMMENDATION: Staff recommends the Board of Supervisors approve the attached Proclamation and direct it to be presented to all the news media. P8 PITTSYLVANIA COUNTYBOARD OFSUPERVISORS PROCLAMATION NATIONAL VOLUNTEER WEEK April 10-16, 2011 "Celebrating People in Action" Whereas, the entire community can inspire, equip and mobilize people to take action that changes the word; and Whereas, volunteers can connect with local community service opportunities through hundreds of community service organizations and volunteer centers; and Whereas, individuals and communities are at the center of social change, discovering their power to make a difference; and Whereas, during this week all over Pittsylvania County and the Nation, service projects will be performed and volunteers recognized for the commitment to service; and Whereas, the giving of oneself in service to another empowers the giver and the recipient; and Whereas, experience teaches us that government by itself cannot solve all of our nation's social problems; and Whereas, our country's volunteer force of over 63 million is a great treasure; and Whereas, volunteers are vital to our future as a caring and productive nation; then Now, Therefore, Be It Resolved, that the Pittsylvania County Board of Supervisors proclaims the week of Apri110`h -19th, 2011 to be National Volunteer Week in Pittsylvania County, Virginia, in honor of the citizens who volunteer in Pittsylvania County. By volunteering and recognizing those who serve, we can replace disconnection with understanding and compassion. Given under my hand this day 1 S'h day of March, 2011. Tim R. Barber, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors P9 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Resolution on Beautification Month SUBJECT/PROPOSAL/REOUEST: Resolution Declaring Beautification Week - Pittsylvania County STAFF CONTACT(S): William D. Sleeper 03-15-2011 ACTION: Yes CONSENT AGENDA: 7(e) INFORMATION: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: Each year the Board of Supervisors, along with the Keep Virginia Beautiful organization, establish a clean up and beautification day and week in Pittsylvania County. The Commonwealth now designates the entire month of April as Beautification and Clean Up in Virginia. DISCUSSION: Attached hereto, you will find a Proclamation by the Pittsylvania County Board of Supervisors proclaiming the month of April as Beautification and Clean Up Month in Pittsylvania County and request all citizens to participate in the volunteer hours for beautification and litter control. RECOMMENDATION: Staff recommends that the Board of Supervisors approve the attached Proclamation and provide local media with a copy. P10 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMATION BEAUTIFICATION and CLEANUP MONTH APRIL 2011 Whereas, Pittsylvania County has won numerous State and National Awards for Beautification and Clean up of Pittsylvania County; and Whereas, the citizens of Pittsylvania County are proud of the appearance of their County; and Whereas, it is necessary that citizens continue to work to clean up Pittsylvania County providing a number volunteer hours for beautification and litter control; and Whereas, the Keep Virginia Beautiful organization asks all Virginians to be mindful of cigarette litter reduction, to reduce plastic shopping bag waste and litter, and to promote and support programs that beautify and clean including community gardens, restoring vacant lots, highway and shoreline enhancement, plantings, and graffiti abatement; therefore THEN, BE IT HEREBY PROCLAIMED, by the Pittsylvania County Board of Supervisors that the month of Apri12011 be declared "Beautiftcation and Cleanup Month" in Pittsylvania County and the Board of Supervisors requests all the citizens of Pittsylvania County to work for beautification and cleanup of the County during this month. Given under my hand this 1 S`~ day of March, 2011. Tim R. Barber, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors P11 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: y(~ Road Name Change 03115/2011 ACTION: INFORMATION: SUBJECT/PROPOSAURE~UEST: Skyline Girls Road to Camp Shawnee Rd CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S1: YES Sleeper, Davis ATTACHMENTS: Map REVIEWED BY: Road Names are considered for addition to the E-911 System with the Approval of the Board of Supervisors. DISCUSSION: This is located in the Dan River District, located off Shawnee Road in Ringgold. Pinewood Properties LLC has acquired the parcel of land that involves the private road name of Skyline Girls Road. There are no other addresses that would be affected to the road name change. Pinewood Properties has agreed to pay 5200.00 for the new road sign and map changes as directed by the Board of Supervisors. RECOMMENDATION: Staff recommends that the Board approve the road name Camp Shawnee Rd. P12 ~~~6~ ~~~~ ~~ signatories i a. ~ ~ -E~ m ~s~- ,~t-~~1~ C~rrrertt Address J ~ ~~~~%~ '~/" ~.~ z~~~~ ~ Certifi of Acknow dgment: City/County of ~ -C~ ~~(' Commonwealth. of V" ginia 1 -~~~ 9 ~ ~ l~ ,~ The foregoing instrument. was acknowledged before me this ~ day of~, ZO ~_ by ~ ' ~ ~ ~.4 V ~~"(~ ! (Name ofperio gacknowledgmentj u~a~`6crsrrrr~~ ~~~ ~y(f~IV~ ~~i Nota PU IIC 1 ~,, ~~ ,~~ ~/~Rr~~ My corrsrrtissian e`cpiees: . ~~~~~ ; ,ik ~, 2 ). Name Certificate of Acknowledgment: City/Courny of Commonwealth of Virginia FCC"' ~ ~~~~~ : ~ 0' ~ ~~ }'~ 1NC f1 Current Address i~~rrr r r r, r r r ~'`°e ao The foregoing instrument was acknowledged before ~ this ~ day o6 , Z(Y (Name of person seeking acknowledgmenty Notary Public 1My commission expires: 3 ). 1~~ame Certificate of Acknowledgment: City/County of Commonwealth of Virginia The foregoing instrument was acknowledged before me this (Name of person seeking acknowledgment) Notary Public My commission expires: by Current Address r' day of i, 20 P13 by ~, I ~~ s i~ 1 I 1 t I ~3~. ~ P14 PITTSYLVANIA COUNTY VIRGII`1IA ,~ g Y L V,~' James E. Davis, ENP, Coordinator Qti"~ ~,, . ; '~'~ Emergency ~ ~ Management & Communications ~ o P.O. Box 426 ~ ~ Chatham, Virginia 24531 ~ ~ ~ ~ ~ jdavis(a`.pittgov.org i ~e; L~RGI~~w Phone (434) 432-79'20 Fax (434) 432-795Q Grerna/Hurt (434) 656-62ll Bachelors Ha11/VI?hitmell (434) 797-9556 9-1- ~ Road Name ~-ddit~on. Request We the undersigned request that our private read be named and included into the 1/-9t 1 System of Pttts}~}~~ania Cvuntt~. We understand that by agreeing to this our current address will change to reflect the new address assigned [n; the Caunrn. We reyuest that the faUaw~ing name be adapted by the }3aard of Supervisors: ~~ ~~~~~_ I~` Choice Choice 3` Choice ~~ P15 NEW BUSINESS PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 03-15-2011 ITEM NUMBER: 8 Finance Committee Recommendations SUBJECT/PROPOSAL/REOUE ST: ACTION: Yes INFORMATION: Finance Committee Meeting CONSENT AGENDA: ACTION: STAFF CONTACT(S): Mr. Sleeper ATTACHMENTS: Yes BACKGROUND: The Board of Supervisors' Finance Committee received a recommended budget from the County Administrator February 15, 2011. The Finance Committee met on Monday, March 7, 2011 and began to review the proposed changes that had been recommended on the County Administrator's recommended budget and additional discussion concerning the cost of the bonds. DISCUSSION: Discussion for Tuesday, March 15, 2011 will be to determine a final direction for the County budget in order for staff to develop the necessary advertisements and budget documents to be advertised in April for public hearings. The bond resolution has been a question and may require the Board of Supervisors to consider a significant change in direction in the budget which would require significant reductions or additional types of revenues to be able to cover $1.6 million that the bond resolution proposal would be reducing. RECOMMENDATION: Recommendations on advertising for the budget will be discussed at the Finance Committee meeting on Tuesday, March 15, 2011 to ensure the Board is aware of the time requirements of the statutory procedures. P16 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS FINANCE COMMITTEE Tuesday, March 15, 2011 5:00 PM County Administration Conference Room Moses Building Chatham, Virginia AGENDA 1. Call to Order S:OOP.M. 2. Invocation 3. Roll Call 4. Approval of Agenda 5. New Business (a) Review of County Administrator's Budget - FY 2011/12 (b) Discussion of Bond Resolution (c) Recommendation for Advertising the Annual Budget 6. Adjournment P17 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Recreation Advisory Board Recommendations SUBJECT/PROPOSAL/REOUEST: Recommendations of Recreation AGENDA DATE: 03-15-2011 ACTION: Yes CONSENT AGENDA: ACTION: ITEM NUMBER: 9 INFORMATION: STAFF CONTACT(S): Mr. Sleeper ATTACHMENTS: Yes BACKGROUND: The Recreation Advisory Board of the Board of Supervisors met on Wednesday, March 9, 2011 and was introduced to the new Director of Parks and Recreation, Mark Moore. DISCUSSION: The Recreation Advisory Board discussed the current programs existing in Pittsylvania County with Mark Moore and Mr. Moore pointed out the similarities with the programs he is already operating in Botetourt County and how similar they are to Salem and Roanoke. Therefore, the Advisory Board feel they are moving forward with the development of a viable program. The Recreation Advisory Board directed priorities towards coordinating an agreement with the Pittsylvania County Schools and determining if User Agreements would be necessary between the various leagues. RECOMMENDATION: There were no recommendations from the Recreation Advisory Committee following this meeting. P18 RECREATION ADVISORY BOARD Pittsylvania County Board of Supervisors Wednesday, March 9, 2011 7:00 PM County Administration Conference Room Moses Building Chatham, Virginia AGENDA 1. Call to Order 7:OOP.M. 2. Invocation 3. Roll Call 4. Approval of Agenda 5. New Business (a) Discuss Director of Recreation Position (b) Discuss Recreation Program Development 6. Adjournment P19 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Bond Refinancing Resolution SUBJECT/PROPOSAL/REOUEST: Authorizing Resolution AGENDA DATE: 03-15-2011 ACTION: Yes CONSENT AGENDA: ACTION: ITEM NUMBER: 10 INFORMATION: STAFF CONTACT(S): Mr. Sleeper ATTACHMENTS: Yes BACKGROUND: The Board of Supervisors passed an Authorizing Resolution for the taking of certain actions and respect to the issuance of bonds by the Pittsylvania County Board of Supervisors at the February 15, 2011 meeting of the Board of Supervisors. DISCUSSION: In that Davenport & Company, LLC, and Steven Johnson, Bond Counsel for Troutman Sanders, LLP, have worked on Requests For Proposals (RFPs) to financial institutions to determine an effective percentage rate and ability to issue $8,500,000 in bonds in order to refund General Obligation Refunding Bonds Series 1998 and General Obligation School Refunding Bonds Series 2005. This is to benefit the Board of Supervisors with lower interest rates and to reduce the actual primary cost for Fiscal Year 2012. Attached hereto is a proposed resolution prepared by Troutman Sanders, LLP for the consideration of the Board of Supervisors. RECOMMENDATION: This resolution must be recommended by the Finance Committee of the Board of Supervisors at their meeting on Tuesday, March 15, 2011. P20 RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF UP TO $8,500,000 IN AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2011 OF PITTSYLVANIA COUNTY, VIRGINIA, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF Pittsylvania County, Virginia (the "County") is a political subdivision of the Commonwealth of Virginia, and pursuant to, and subject to the provisions of, the Public Finance Act of 1991, Chapter 26, Title 15.2, Code of Virginia of 1950, as amended (the "Act"), the Board of Supervisors of the County (the "Board") is authorized to contract debts on behalf of the County and to issue, as evidence thereof, bonds, notes or other obligations payable from pledges of the full faith and credit of the County. The County has previously issued its General Obligation Refunding Bonds, Series of 1998 (the "Series 1998 Bonds") and its General Obligation School Refunding Bonds, Series 2005 (the "Series 2005 Bonds" and, together with the Series 1998 Bonds, the "Prior Bonds"). The County has determined that it is advisable to issue refunding bonds to (a) refund (i) all or a portion of the outstanding principal balance of the Series 1998 Bonds (the "Series 1998 Refunded Bonds") and (ii) all or a portion of the outstanding principal balance of the Series 2005 Bonds (the "Series 2005 Refunded Bonds" and, together with the Series 1998 Refunded Bonds, the "Refunded Prior Bonds") and (b) pay the costs of issuance. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA: Section 1. Authorization, Issuance and Sale. There is hereby authorized to be issued and sold, pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the Public Finance Act of 1991, as amended, Chapter 26, Title 15.2, Code of Virginia of 1950, as amended (the "Act"), general obligation refunding bonds of the County in the maximum aggregate principal amount of $8,500,000 to refund the Refunded Prior Bonds and to pay the costs incurred in connection with issuing such bonds. The Board hereby elects to issue such bonds under the provisions of the Act. Section 2. Bond Details. The bonds to be issued under Section 1 shall be designated "General Obligation Refunding Bonds, Series 2011" (the "Bonds"), shall be dated their date of issuance, shall be in fully registered form, in denominations of $5,000 and multiples thereof, and shall be numbered R-1 and upwards. Interest on the Bonds shall be payable on August 1, 2011 and semiannually thereafter on each February 1 and August 1 continuing through maturity, unless other semiannual dates are approved by the County Administrator. The Board authorizes the issuance and sale of the Bonds to Davenport & Company LLC, or its successors (the "Underwriter"), on such terms as shall be satisfactory to the County Administrator, including such maturities and sinking fund provisions as the County Administrator shall designate; provided, that the Bonds (a) shall not have an original aggregate principal amount that exceeds eight million five hundred thousand and 00/100 dollars ($8,500,000); (b) shall have a true or "Canadian" interest cost not to exceed 4.50% per year, taking into account any original issue discount or premium; (c) shall be sold initially at a purchase price (exclusive of original issue P21 discount or premium) not less than 98.00% of the original aggregate principal amount thereof; and (d) shall have a maturity date of no later than December 31, 2023. Principal and premium, if any, shall be payable to the registered owners upon surrender of the Bonds as they become due at the designated corporate trust office of the Registrar, as defined below. Interest shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Registrar with respect to the Bonds, as of the close of business on the fifteenth day of the month preceding each interest payment date. In case the date of maturity or redemption of the principal of any of the Bonds or an interest payment date shall be a date on which banking institutions are authorized or obligated by law to close at the place where the designated corporate trust office of the Registrar is located, then payment of principal and interest need not be made on such date, but may be made on the next succeeding date which is not such a date at the place where the designated corporate trust office of the Registrar is located, and if made on such next succeeding date no additional interest shall accrue for the period after such date of maturity or redemption or interest payment date. Principal, premium, if any, and interest on the Bonds shall be payable in lawful money of the United States of America. Interest on the Bonds shall be calculated on the basis of a 360-day year with twelve 30-day months. Each Bond shall bear interest from the interest payment date next preceding the date on which it is authenticated, unless such Bond is (a) authenticated before August 1, 2011, in which case it will bear interest from its date of issuance, or (b) authenticated upon an interest payment date or after the record date with respect thereto, in which case it will bear interest from such interest payment date (unless payment of interest thereon is in default, in which case interest on such Bond shall be payable from the date to which interest has been paid). Section 3. Book-Entry System. Initially, one certificate for each maturity of Bonds shall be issued to and registered in the name of The Depository Trust Company, New York, New York ("DTC"), or its nominee. The County has executed a Blanket Issuer Letter of Representations (the "Letter of Representations") relating to a book-entry system to be maintained by DTC with respect to certain securities issued by the County, including the Bonds. As used herein, the term "Securities Depository" shall mean DTC or any other securities depository for the Bonds appointed pursuant to this Section 3. In the event that (a) the Securities Depository determines not to continue to act as the securities depository for the Bonds by giving notice to the Registrar and the County, or (b) the County in its sole discretion determines (i) to select a new Securities Depository or (ii) that beneficial owners of Bonds shall be able to obtain certificated Bonds, then the County Administrator shall, at the direction of the County, attempt to locate another qualified securities depository to serve as Securities Depository or arrange for the authentication and delivery of certificated Bonds to the beneficial owners or to the Securities Depository's participants on behalf of beneficial owners, substantially in the form provided for in Exhibit A attached hereto, as appropriate. In delivering certificated Bonds, the County Administrator shall be entitled to rely on the records of the Securities Depository as to the beneficial owners or the records of the -2- P22 Securities Depository's participants acting on behalf of beneficial owners. Such certificated Bonds will then be registrable, transferable and exchangeable as set forth in Section 8. So long as there is a Securities Depository for the Bonds (1) it or its nominee shall be the registered owner of the Bonds, (2) notwithstanding anything to the contrary in this Resolution, determinations of persons entitled to payment of principal, premium, if any, and interest, transfers of ownership and exchanges, and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (3) the Registrar and the County shall not be responsible or liable for maintaining, supervising, or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (4) references in this Resolution to registered owners of the Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Bonds, and (5) in the event of any inconsistency between the provisions of this Resolution and the provisions of the Letter of Representations, such provisions of the Letter of Representations, except to the extent set forth in this pazagraph and the next preceding pazagraph, shall control. Section 4. Redemption Provisions. The Bonds will be subject to optional redemption, in whole or in part at any time, at the option of the County, no later than ten and one-half years after their date of issuance (or such shorter period as is determined to be advisable at the time of pricing) and upon payment of 100% of the principal amount of the Bonds to be redeemed plus interest accrued and unpaid to the redemption date and at a redemption premium (if any) not in excess of two percent (2%) per annum. The Board authorizes the County Administrator, subject to the preceding pazagraphs, to determine (1) the dates on which and redemption prices at which the Bonds may be optionally redeemed, and (2) whether the issuance of any term bonds would be beneficial to the County. (a) Mandatory Sinking Fund Redemption. Any term Bonds may be subject to mandatory sinking fund redemption as determined by the County Administrator. If there are any term Bonds, on or before the 70th day next preceding any mandatory sinking fund redemption date, the County may apply as a credit against the County's mandatory sinking fund redemption obligation for any Bonds maturing on such date, Bonds that previously have been optionally redeemed or purchased and canceled or surrendered for cancellation by the County and not previously applied as a credit against any mandatory sinking fund redemption obligation for such Bonds. Each such Bond so purchased, delivered or previously redeemed shall be credited at 100% of the principal amount thereof against the principal amount of the Bonds required to be redeemed on such mandatory sinking fund redemption date. Any principal amount of Bonds so purchased, delivered or previously redeemed in excess of the principal amount required to be redeemed on such mandatory sinking fund redemption date shall similazly reduce the principal amount of the Bonds to be redeemed on future mandatory sinking fund redemption dates, as selected by the County Administrator. -3- P23 (b) Bonds Selected for Redemption. If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the County Administrator in such manner as he may determine to be in the best interest of the County. If less than all the Bonds of any maturity are called for redemption, the Bonds of that maturity to be redeemed shall be selected by DTC or any successor Securities Depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. If a portion of a Bond is called for redemption, a new Bond of the same maturity in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender thereof. (c) Notice of Redemption. The County shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail, or overnight express delivery, not less than thirty (30) nor more than sixty (60) days prior to the redemption date, to DTC or its nominee as the registered owner of the Bonds or, if the book-entry system is discontinued, by registered or certified mail to the registered owners of the Bonds to be redeemed. Section 5. Execution and Authentication. The Bonds shall be signed by the manual or facsimile signature of the Chairman or Vice Chairman of the Board and the Board's seal shall be affixed thereto or a facsimile thereof printed thereon and attested to by the manual or facsimile signature of the Clerk or Deputy Clerk of the Board; provided, that no Bond shall be valid until it has been authenticated by the manual signature of an authorized representative of the Registrar and the date of authentication noted thereon. In case any officer whose signature or a facsimile of whose signature shall appear on any Bond shall cease to be such officer before the delivery of a Bond, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes as if such officer had remained in office until such delivery. Any Bond may bear the facsimile signature of or may be signed by such persons as at the actual time of the execution thereof shall be the proper officers to sign such Bond although at the date of such Bond such persons may not have been such officers. Section 6. Forms of Bonds. The Bonds shall be in substantially the form set forth in Exhibit A attached hereto. Section 7. Pledge of Full Faith and Credit. The full faith and credit of the County are irrevocably pledged for the payment of principal of, premium, if any, and interest on the Bonds. Unless other funds are lawfully available and appropriated for timely payment of the Bonds, the County shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the County sufficient to pay the principal of, premium, if any, and interest on the Bonds, as the same become due. -4- P24 Section 8. Registration, Transfer and Owners of Bonds. The Board hereby authorizes the County Administrator to select the paying agent and registraz for the Bonds (the "Registrar"). The Registrar shall maintain registration books for the registration of the Bonds. Upon surrender of any Bonds at the designated corporate trust office of the Registrar, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the County shall execute, and the Registraz shall authenticate and deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate, and registered in names as requested by the then registered owner or his duly authorized attorney or legal representative. Any such exchange shall be at the expense of the County, except that the Registrar may charge the person requesting such exchange the amount of any tax or other governmental chazge required to be paid with respect thereto. New Bonds delivered upon any transfer or exchange shall be valid obligations of the County, evidencing the same debt as the Bonds surrendered, shall be secured by this Resolution and entitled to all of the security and benefits hereof to the same extent as the Bonds surrendered. The Registraz shall treat the registered owner as the person exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as owner on the registration books on the date indicated in Section 2 above. Section 9. Sale of Bonds; Bond Purchase Agreement. The Boazd approves the following terms of the sale of the Bonds. The Boazd hereby determines that it will be in the best interests of the County to sell the Bonds to the Underwriter through a negotiated underwriting. The Board authorizes the County Administrator, in collaboration with the Underwriter, to (a) determine the principal amount of the Bonds, subject to the limitations set forth in Section 2, (b) determine the maturity schedule of the Bonds, subject to the limitations set forth in Section 2, (c) establish the redemption provisions, if any, for the Bonds; provided, that the Bonds shall be subject to optional redemption no later and at no higher premiums (if any) than set forth in Section 4, and (d) in accordance with Section 15, determine to what extent to refund some or all of the outstanding Prior Bonds. Prior to the sale of the Bonds, the County Administrator, in collaboration with the Underwriter, may change the dated date of the Bonds to facilitate the sale and delivery of the Bonds. The terms of the negotiated sale shall be set forth in a Bond Purchase Agreement between the County and the Underwriter to be dated on or about the date of the sale of the Bonds (the "Bond Purchase Agreement"). The Bonds will be awarded and sold to the Underwriter in accordance with the terms of the Bond Purchase Agreement, subject to the parameters set forth in this Resolution. The County Administrator is authorized and directed to prepare or review the form of the Bond Purchase Agreement, and the County Administrator and the Chairman and Vice Chairman of the Boazd, any of whom may act, aze each authorized to execute and deliver the Bond Purchase Agreement on behalf of the County. The Boazd hereby ratifies and approves all actions taken by the County Administrator and his staff prior to the date of the adoption of this Resolution in connection with soliciting and evaluating alternatives for the sale of the Bonds. -5- P25 Section 10. Official Statement. The use and distribution of a Preliminary Official Statement, dated the date of its distribution (the "Preliminary Official Statement"), in substantially the form made available to the Board, and the use and distribution of an Appendix to the Preliminary Official Statement describing the County, are hereby authorized and approved. The Preliminary Official Statement, including such Appendix, are to be completed and "deemed final" by the County Administrator as of its date, within the meaning of Rule 15c2-12 of the Securities and Exchange Commission (the "Rule"), except for the omission from the Preliminary Official Statement of such pricing and other information permitted to be omitted pursuant to the Rule. The delivery of the Preliminary Official Statement to the Underwriter shall be conclusive evidence that it has been deemed final as of its date by the County Administrator, except for the omission of such pricing and other information. The County Administrator shall make such completions, omissions, insertions, and changes in the Preliminary Official Statement not inconsistent with this Resolution as are necessary or desirable to complete it as a final Official Statement (the "Official Statement"). The County Administrator shall arrange for the delivery to the Underwriter of a reasonable number of copies of the Official Statement, within seven (7) business days after the Bonds have been sold, for delivery to each potential investor requesting a copy of the Official Statement and to each person to whom the underwriter initially sells Bonds. The County Administrator and the Chairman and Vice Chairman of the Board, any of whom may act, are each authorized, on behalf of the County, to deem the Official Statement to be final as of its date within the meaning of the Rule. The County Administrator and the Chairman and Vice Chairman of the Board, any of whom may act, are each authorized and directed to execute the Official Statement, which execution shall be conclusive evidence that the Official Statement has been deemed final. Section 11. Continuing Disclosure. Under the Rule, the County will be required to provide certain annual reports and certain reports of extraordinary events to Electronic Municipal Market Access system as described in 1934 Act Release No. 59062 and maintained by the Municipal Securities Rulemaking Board for purposes of the Rule. These requirements will be set forth in a Continuing Disclosure Certificate to be given by the County (the "Continuing Disclosure Certificate"), evidencing conformity with certain provisions of the Rule. The execution, delivery, use, and distribution of the Continuing Disclosure Certificate are hereby authorized and approved. The County Administrator is authorized and directed to prepare or review the form of the Continuing Disclosure Certificate, and the County Administrator and the Chairman and Vice Chairman of the Board, any of whom may act, are authorized to execute and deliver the Continuing Disclosure Certificate on behalf of the County. -6- P26 The County hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this Resolution, failure of the County to comply with the Continuing Disclosure Certificate shall not be considered a default under this Resolution or the Bonds; provided, that any holder of the Bonds, including owners of beneficial interests in the Bonds, may take such actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause the County to comply with its obligations under this Section 11 and the Continuing Disclosure Certificate. Section 12. Preparation and Delivery of Bonds. After the Bond Purchase Agreement has been executed and delivered on behalf of the County, the Chairman, the Vice Chairman, the Clerk and Deputy Clerk of the Board are each authorized and directed to take all proper steps to have the Bonds prepared, executed and authenticated in accordance with their terms and to deliver the Bonds to the Underwriter upon payment therefor. Section 13. Arbitrase Covenants. (a) No Composite Issue. The County represents that there have not been issued, and covenants that there will not be issued, any obligations that will be treated as part of the same issue of obligations as the Bonds within the meaning of the Internal Revenue Code of 1986, as amended, including regulations issued pursuant thereto (the "Code"). (b) No Arbitrage Bonds. The County covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code, or otherwise cause interest on the Bonds to be includable in the gross income for federal income tax purposes of the registered owners thereof under existing law. Without limiting the generality of the foregoing, the County shall comply with any provision of law which may require the County at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds, unless the County receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bonds from being includable in the gross income for federal income tax purposes of the registered owners thereof under existing law. The County shall pay any such required rebate from its legally available funds. Section 14. Non-Arbitrage Certificate and Elections. Such officers of the County as may be requested are authorized and directed to execute an appropriate certificate setting forth the expected use and investment of the proceeds of the Bonds in order to show that such expected use and investment will not violate the provisions of Section 148 of the Code, and any elections such officers deem desirable regarding rebate of earnings to the United States, for purposes of complying with Section 148 of the Code. Such certificate and elections shall be in such form as may be requested by bond counsel for the County. The County shall comply with any covenants set forth in such certificate regarding the use and investment of the proceeds of the Bonds. Section 15. Escrow Agreement and Refunding of the Refunded Prior Bonds. The Board hereby authorizes the optional redemption of the Refunded Prior Bonds. The County -7- P27 Administrator is authorized to work with the Underwriter to determine which maturities of the Prior Bonds will be refunded. They may base such decisions on such factors as they shall determine to be in the best interest of the County. The execution and delivery of an Escrow Deposit Agreement (the "Escrow Agreement"), between the County and an escrow agent to be selected by the County Administrator (the "Escrow Agent"), are hereby approved. The Chairman of the Board and the Vice Chairman of the Board and the County Administrator, any of whom may act, are each hereby authorized and directed to execute and deliver the Escrow Agreement. There is hereby created by the County a trust fund to be designated the "Pittsylvania County Escrow Fund" (the "Escrow Fund") and held by the Escrow Agent pursuant to the Escrow Agreement. The County shall irrevocably deposit in the Escrow Fund an amount of proceeds received by the County from the sale of the Bonds which will be sufficient to provide (taking into account investment earnings or not taking them into account in the discretion of the County) for the payment of the principal of and interest on the Refunded Prior Bonds. Amounts deposited in the Escrow Fund will not be invested or will be invested only in non-callable, direct obligations of the United States of America. The County Administrator is authorized to file applications for State and Local Government Series ("BEGS") securities for the escrow and take whatever other actions are considered necessary for the refunding of the Refunded Prior Bonds. The principal, premium and interest due on the Refunded Prior Bonds will be paid as and when due from the Escrow Fund, and the County Administrator is authorized to establish the redemption dates subject to the limitations set forth in the Refunded Prior Bonds. The principal amount of the Bonds does not exceed the amount necessary to retire the Refunded Prior Bonds, including costs of issuance of the Bonds. There are currently no sinking, escrow or other funds which are available for the payment of principal of and interest on the Refunded Prior Bonds. Section 16. Limitation on Private Use; No Federal Guaranty. The County covenants that it shall not permit the proceeds of the Bonds to be used in any manner that would result in (a) ten percent (10%) or more of such proceeds being used in a trade or business carried on by any person other than a state or local governmental unit, as provided in Section 141(b) of the Code, (b) five percent (5%) or more of such proceeds being used with respect to any output facility (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) five percent (5%) or more of such proceeds being used directly or indirectly to make or finance loans to any persons other than a state or local governmental unit, as provided in Section 141(c) of the Code; provided, that if the County receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bonds from being includable in the gross income for federal income tax purposes of the registered owners thereof under existing law, the County need not comply with such covenants. The County represents and agrees that the Bonds are not and will not be "federally guaranteed," as such term is used in Section 149(b) of the Code. No portion of the payment of -8- P28 principal of or interest on the Bonds is or will be guaranteed, directly or indirectly, in whole or in part by the United States or an agency or instrumentality thereof. Section 17. Discharge upon Payment of Bonds. The Bonds may be defeased, as permitted by the Act. Any defeasance of the Bonds, as permitted by the Act, shall not release the County or the Registrar from its obligations hereunder to register and transfer Bonds or release the Registrar from its obligations to pay the principal of and interest on the Bonds as contemplated herein until the date all of the Bonds are paid. In addition, such defeasance shall not terminate the obligations of the County under Sections 13 and 16 until the date all of the Bonds are paid. Section 18. Other Actions. All other actions of the Supervisors, officers, staff, and agents of the County in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds are approved and confirmed. The officers and staff of the County are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds. Section 19. Limitation of Liability of Officials of the County. No covenant, condition, agreement or obligation contained herein shall be deemed to be a covenant, condition, agreement or obligation of a Supervisor, officer, employee or agent of the County in his or her individual capacity, and no officer of the County executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. No Supervisor, officer, employee, or agent of the County shall incur any personal liability with respect to any other action taken by him or her pursuant to this Resolution, provided he or she acts in good faith. Section 20. Contract with Holders of Bonds. The provisions of this Resolution shall constitute a contract between the County and the holders of the Bonds for so long as any of the Bonds are outstanding. Notwithstanding the foregoing, this Resolution may by amended by the County in any manner that does not, in the opinion of the County and the Registrar, materially adversely affect the holders of the Bonds or the Registrar. Section 21. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed. Section 22. Effective Date. This Resolution shall take effect immediately upon its adoption. The Clerk and any Deputy Clerk of the Board are hereby authorized and directed to see to the immediate filing of a certified copy of this Resolution with the Circuit Court of Pittsylvania County, Virginia. Adopted: March 15, 2011 Exhibit A -Form of Bonds -9- P29 EXHIBIT A REGISTERED No. R- UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA REGISTERED COUNTY OF PITTSYLVANIA INTEREST RATE General Oblisation Refunding Bond, Series 2011 MATURITY DATE DATED DATE CUSIP February 1, 20 REGISTERED OWNER: PRINCIPAL AMOUNT: 2011 Pittsylvania County, Virginia (the "County"), for value received, promises to pay, upon surrender hereof, to the Registered Owner stated above, or registered assigns or legal representative, the Principal Amount stated above on the Maturity Date stated above, subject to prior redemption as hereinafter provided, and to pay interest hereon at the Interest Rate per year stated above from the Dated Date stated above on August 1, 2011, and semiannually thereafter on each February 1 and August 1. Principal, premium, if any, and interest are payable in lawful money of the United States of America through , as registrar and paying agent (the "Registrar"). Interest shall be payable by check or draft mailed to the Registered Owner, determined as of the close of business on the fifteenth day of the month preceding each interest payment date, at its address as it appears on the registration books kept for that purpose at the designated corporate trust office of the Registrar. Principal shall be payable upon presentation and surrender of this bond to the Registrar. If this bond is held by or for The Depository Trust Company or other entity acting as a securities depository (the "Securities Depository"), all payments of principal, redemption premium, if any, and interest shall be paid by wire transfer pursuant to the most recent wire instructions received by the Registrar from such Securities Depository and all redemptions or prepayments of principal may be made without presentation of this bond to the Registrar if such Securities Depository makes a notation on the schedule attached hereto. This bond shall bear interest from the interest payment date next preceding the date on which it is authenticated, unless this bond is (a) authenticated before August 1, 2011, in A-1 P30 which case it shall bear interest from the Dated Date stated above or (b) authenticated upon an interest payment date or after the record date with respect thereto, in which case it shall bear interest from such interest payment date; provided, that if at the time of authentication of this bond interest is in default, this bond shall bear interest from the date to which interest has been paid. Interest shall be calculated on the basis of a 360-day year with twelve 30-day months. In case the date of maturity or redemption of the principal of this bond or an interest payment date shall be a date on which banking institutions are authorized or obligated by law to close at the place where the designated corporate trust office of the Registrar is located, then payment of principal and interest need not be made on such date, but may be made on the next succeeding date which is not such a date at the place where the designated corporate trust office of the Registrar is located, and if made on such next succeeding date no additional interest shall accrue for the period after such date of maturity or redemption or interest payment date. This bond is one of an issue of $ General Obligation Refunding Bonds, Series 2011 (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption, and maturity, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the Public Finance Act of 1991, as amended. The proceeds of the Bonds will be used to refund all or a portion of the outstanding principal balance of the County's General Obligation Refunding Bonds, Series of 1998 and its General Obligation School Refunding Bonds, Series 2005, as well as to pay costs of issuance. The Bonds were authorized by a resolution adopted by the Board of Supervisors of the County on March 15, 2011 (the "Resolution"). The Bonds maturing on or before February 1, 20_, are not subject to optional redemption prior to their respective stated dates of maturity. The Bonds maturing on or after February 1, 20_, shall be subject to redemption prior to their stated dates of maturity at the option of the County, on or after February 1, 20~ in whole or in part at any time, upon payment of _% of the principal amount of the Bonds to be redeemed plus interest accrued and unpaid to the redemption date. The Bonds maturing on February 1, 20_ are subject to mandatory sinking fund redemption prior to maturity, in part, on February 1 in the years and in the amounts set forth below, at a redemption price equal to 100% of the principal amount of the Bonds to be redeemed plus accrued interest thereon to the redemption date, without premium: Year Amount 20_ $ 20 * * Final Maturity A-2 P31 The Bonds maturing on February 1, 20_ are subject to mandatory sinking fund redemption prior to maturity, in part, on February 1 in the years and in the amounts set forth below, at a redemption price equal to 100% of the principal amount of the Bonds to be redeemed plus accrued interest thereon to the redemption date, without premium: Year Amount 20 $ 20 * Final Maturity If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the County Administrator in such manner as he may determine to be in the best interest of the County. If less than all the Bonds of a particulaz maturity are called for redemption, the Bonds to be redeemed shall be selected by the Securities Depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registraz by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. The County shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail, or overnight express delivery, not less than thirty (30) nor more than sixty (60) days prior to the redemption date, to the Securities Depository or its nominee as the Registered Owner of the Bonds or, if the book-entry system is discontinued, by registered or certified mail to the Registered Owners of the Bonds to be redeemed. The full faith and credit of the County are irrevocably pledged for the payment of principal of, premium, if any, and interest on this bond. All acts, conditions, and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist, or be performed precedent to and in the issuance of this bond have happened, exist, and have been performed, and the issue of this bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] A-3 P32 IN WITNESS WHEREOF, the Board of Supervisors of Pittsylvania County, Virginia, has caused this bond to be issued in the name of Pittsylvania County, Virginia, to be signed by its Chairman or Vice Chairman, its seal to be affixed hereto and attested by the signature of its Clerk or Deputy Clerk and this bond to be dated , 2011. (SEAL) ATTEST: Clerk, Board of Supervisors of Pittsylvania County, Virginia A-4 Chairman, Board of Supervisors of Pittsylvania County, Virginia P33 AUTHENTICATION DATE: CERTIFICATE OF AUTHENTICATION This bond is the Bond described in the within mentioned Resolution. as Registrar By Authorized Representative A-5 P34 ASSIGNMENT FOR VALUE RECEIVED the undersigned sell(s), assign(s), and transfer(s) unto (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: the within bond and all rights thereunder, hereby irrevocably constituting and appointing Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed NOTICE: Signature(s) must be guaranteed by an institution which is a participant in the Securities Transfer Agent's Medallion Program ("STAMP") or similar program. A-6 (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this bond in every particular, without alteration or enlargement or any change whatsoever. P35 [FORM FOR ACKNOWLEDGMENT OF PREPAYMENTS OR REDEMPTIONS -- MAY BE USED BY ANY SECURITIES DEPOSITORY] CERTIFICATE OF PREPAYMENTS OR REDEMPTIONS The Principal Amount of this bond shall be reduced by an amount equal to the aggregate of prepayments or redemptions noted hereunder. All prepayments or redemptions shall be certified hereunder by an authorized representative of the Securities Depository which is the nominal owner of this bond, and such certification shall constitute a cancellation of the Principal Amount due on this bond in the aggregate of the amounts certified below. Amount Date Authorized Signature A-7 P36 CERTIFICATE OF THE CLERK OF THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA The undersigned Clerk of the Board of Supervisors of Pittsylvania County, Virginia, certifies that: 1. A regular meeting of the Board of Supervisors of Pittsylvania County, Virginia, was held on March 15, 2011, at the time and place established by the Board for such meetings, at which the following members were present and absent: MEMBER Henry A. "Hank" Davis, Jr. Tim R. Barber Fred M. Ingram James H. Snead William H. Pritchett Marshall A. Ecker Coy E. Harville PRESENT ABSENT 2. A resolution entitled "Resolution Authorizing the Issuance and Sale of Up to $8,500,000 in Aggregate Principal Amount of General Obligation Refunding Bonds, Series 2011 of Pittsylvania County, Virginia, and Providing for the Form, Details and Payment Thereof' was adopted by a majority of all members of the Board present by a roll call vote, the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBER VOTE Henry A. "Hank" Davis, Jr. Tim R. Barber Fred M. Ingram James H. Snead William H. Pritchett Marshall A. Ecker Coy E. Harville 3. Attached hereto is a true and correct copy of the foregoing resolution as adopted on March 15, 2011. This resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my signature and the seal of the Board of Supervisors of Pittsylvania County, Virginia, this _ day of March, 2011. (SEAL) 2031059x2 223160.000023 Clerk, Board of Supervisors of Pittsylvania County, Virginia P37 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Lease Agreement - Olde Dominion Agricultural Foundation (ODAF) AGENDA DATE: 03-15-2011 ITEM NUMBER: 11 SUBJECT/PROPOSAL/REQUEST: Lease Agreement STAFF CONTACT(S): William D. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes INFORMATION: INFORMATION: BACKGROUND: At their November 16, 2011 adjourned meeting, the Pittsylvania County Board of Supervisors agreed to provide In-Kind support services to the Olde Dominion Agricultural Foundation (ODAF) in the amount of $46,000.00 for one (1) year. DISCUSSION: Attached hereto, is a lease between the ODAF and Pittsylvania County in relation to placing the Virginia Cooperative Extension Service in the Olde Dominion Agricultural Complex (ODAC) in an area containing 2,974 square feet. The in lieu of cash agreement is for Pittsylvania County to provide services to the ODAC, including HVAC technical services, janitorial services, solid waste disposal, landscaping, lawn maintenance and a supply of necessary paper goods as agreed to in November 2010. This agreement has been modified and agreed to by the Pittsylvania County Attorney. RECOMMENDATION: Staff recommends the Board of Supervisors authorize the Chairman or County Administrator to sign this agreement on the behalf of Pittsylvania County for a one (1) year term, beginning March 1, 2011. P38 LEASE THIS LEASE made this day of 2011, by and between OLDS DOMINION AGRICULTURAL FOUNDATION, INC., a Virginia non-stock, non- profit charitable corporation ("Landlord") and PITTSYLVANIA COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia ("Tenant"). WITNESSETH That for and in consideration of the mutual covenants and agreements herein contained, the parties do hereby covenant and agree as follows: 1. Recitals. Landlord is the owner of Unit 2, Old Dominion Agricultural, containing 2974 square feet, at the address 19781 U.S. Highway 29 South, Chatham, Virginia (the "Premises"). Pursuant to the terms of this Lease, Landlord desires to lease and demise the Premises to Tenant and Tenant desires to rent the Premises from Landlord. 2. Tenant's Authority to Enter into Lease Tenant is authorized to enter into this Lease pursuant to Virginia Code §§ 15.2-1800, 22-132.7, and 23-132.8, and a lawful and valid affirmative majority vote by the Pittsylvania County Board of Supervisors (the "Boazd") at a lawful and valid public meeting held on Tuesday, November 16, 2010. Moreover, Tenant hereby declazes, and the Landlord hereby acknowledges, that this Lease is entered into by the Tenant for a "public use" as required by Virginia Code § 15.2-1800, and defined in Virginia Code § 1- 219.1;and, that the Premises shall be open and available, during normal business days and hours, to the public. 3. Lease of the Premises. Landlord hereby Leases and demises, and Tenant hereby rents the Premises under the terms and conditions set forth in this Lease. Landlord warrants and covenants that it has the right to Lease the Premises on such terms and conditions. The Premises is currently free from any zoning or any other restrictions prohibiting Tenant's authorized use or occupancy of the Premises, and the Tenant shall reasonably and quietly hold the Premises for the term of this Lease, as long as Tenant faithfully performs its obligations hereunder. 4. Term of the Lease. The term of this Lease (the "Term") shall be for one (1) yeaz commencing , 2011, and ending midnight January 31, 2012. This Lease shall not renew for a successive Term, unless and until a subsequent and separate lawful and valid affirmative majority vote by the Boazd at a lawful public meeting occurs. In the event of said occurrence, a sepazate and new Lease shall be negotiated between the Parties hereto for any successive Term. Tenant hereby agrees to inform the Landlord whether or not it desires a successive Term not less than thirty (30) days prior to expiration of the Term. If Landlord determines that it will Lease the Premises to another Party, Landlord hereby agrees to provide Tenant with not less than sixty (60) days' notice from the expiration date of the Term, or any successive Term. 5. Rent. In lieu of cash rent, Tenant shall provide services for the benefit of Olde Dominion Agricultural Center, and the Olde Dominion Agricultural Complex, including, but not limited to, hvac technical services, janitorial services, solid waste disposal, landscaping, lawn Page 1 of 9 P39 maintenance, and supplying paper goods for the complex. Tenant hereby declares, and Landlord hereby agrees, that the Board has only authorized Tenant to provide the above-referenced services in lieu of cash rent for the current Term of the Lease only. Unless and until negotiated in a subsequent and sepazate Lease, following a subsequent and sepazate lawful and valid affirmative majority vote by the Boazd at a lawful public meeting, the Tenant and/or the Board shall not be required to provide the above-referenced services in lieu of cash rent for any successive Terms. 6. Use of Lease Premises. Tenant agrees to use and occupy the Premises for offices for the Virginia Cooperative Extension Service and the Pittsylvania County Agricultural Development Director. Tenant will not use the Premises or allow the Premises to be used for any other purpose without the prior written consent of Landlord, which consent shall not be unreasonably withheld. The Premises shall not be used for any purpose, or in any manner, that constitutes a violation of any federal, state or city law, ordinance, rule, or regulation. 7. Responsibilities of Landlord and Tenant: A. Landlord Re~onsibilities: (1) Structural Components, Capital Expenditures, Fire and Casualty Insurance, Real Estate Taxes. The Landlord shall be responsible for the maintenance and repair of the structural portions of the building, which include the roof, foundation and load-bearing walls outside of the interior of the improvements of the Premises. Landlord shall be responsible for maintaining fire and casualty insurance on the building, fixtures, and other improvements that aze part of the Premises, and the common azeas of the complex. Tenant shall be named as an additional insured on such fire and casualty insurance; this insurance shall provide ten (10) days' written notice to Tenant before termination; and subrogation against the Tenant shall be waived. Landlord shall be responsible for the payment of real estate taxes assessed against the Premises, and all fees and assessments relating to the Premises. B. Tenant Responsibilities: (1) Maintenance of the Premises. Tenant shall keep the Premises clean and in a safe condition, in good order and repair, which responsibility shall include all repairs or replacements that aze not the responsibility of the Landlord under paragraph 7(A)(1) above. As part of maintaining the heating and air conditioning systems, Tenant shall be responsible for the replacement of mechanical system filters as required. All repairs and replacements made by Tenant shall be of at least equal in class and quality to the original equipment and workmanship. Any repairs and replacements made by Tenant, at its expense, to the plumbing, electrical, heating and air conditioning units, fixtures, and facilities must be provided by a qualified licensed contractor, plumber, or electrician. (2) Utilities. During the Term, Tenant shall only be responsible for all separately metered utilities it uses or consumes upon the Premises, including, but not limited to, electricity, water, gas, telephone, and cable services provided to the Premises. Landlord will not be in default of this Lease in the event of an interruption of utility services. All utilities provided Page 2 of 9 P40 to the Premises that are metered in common with other units shall be the responsibility of the Landlord. (3) Waste Disposal. Tenant agrees to be fully responsible for trash and waste disposal, including the cost of storage and removal of the same from the Premises. Tenant shall abide by all laws, rules, ordinances, and regulations established by any governmental body, entity, or political subdivision with regard to the collection, storage, and disposal of waste on the Premises. (4) Alterations. Tenant shall not alter the Premises without the prior written consent of Landlord, which consent shall not be reasonably withheld. Tenant shall beaz the costs of any and all alterations and installations that it makes. Unless the Parties agree in writing otherwise, such alterations shall be the property of Landlord at the termination of this Lease. (5) Environmental Requirements. Hazazdous Materials, as herein defined, may only be brought upon the Premises if required in the course of daily operations of the Tenant's business on the Premises. All such Hazardous Materials must be disclosed and approved by Landlord, in writing, which approval shall not be unreasonably withheld. If so approved, such Hazazdous Materials shall be used, handled, stored, and disposed of in accordance with applicable laws, regulations, and rules. For purposes of this pazagraph and Lease, "Hazardous Materials" means any substance defined as "Hazazdous Substances", "Hazazdous Waste", "Hazazdous Material", or "Toxic Substances" under any applicable federal, state, or local laws, statutes, ordinances, regulations, orders, or decrees now applicable to the Premises, including, without limitation, those terms as defined by the Resource Conservation Recovery Act of 1976 ("RCRA"), 42 U.S.C. Sec. 6901 et sec ..; the Comprehensive and Environmental Response Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. Sec. 9601-9657, as amended by the Superfund Amendments and Reauthorization Act of 1986 ("SARA"), pesticides regulated under FIFRA, PCBs, and other substances regulated under TSCA; chemicals subject to OSHA Hazazd Communication Standazd, 29 C.F.R. Sect. 1910.1200 et sue.; and industrial process and pollution control wastes, whether or not hazardous within the meaning of RCRA, or any successor future statutes, laws, regulations, orders, or decrees. The term "Environmental Law" means any of the above-referenced federal Acts or their state equivalents, or any other federal, state, or local laws and regulations including, without limitations, the Solid Waste Disposal Act, and any and all other statutes, ordinances, regulations, orders, or decrees, which are now, or will be in the future, applicable to the Premises during the Term of this Lease. Tenant agrees that it will be solely responsible for any and all fines, penalties, assessments, costs of cleaning up, and remediating the Premises, and all other affected property for any and all Hazardous Materials it brings to the Premises. (6) Insurance on Personal Property It shall be the sole responsibility of Tenant to protect and to insure all personal property located on Premises against theft, fire, and other perils, whether such personal property is leased under this Lease, or is owned by the Tenant, its representatives, agents, employees, occupants, licensees, guest, invitees, or any other person or entity. Landlord will not be responsible for personal property. Page 3 of 9 P41 (7) Liability Insurance. Tenant shall provide and keep in force, for the protection of the general public and the Landlord, liability insurance against claims for bodily injury or death upon the Premises. Such coverage shall be in a form and in such amounts as may be approved by the Landlord, but in no event shall such coverage be less than one million dollars ($1,000,000.00) for bodily injuries or death to any one (1) person, and two million dollars ($2,000,000.00) for bodily injuries or death to more than one (1) person arising from the same incident or occurrence. Landlord shall be named as an additional insured on such liability insurance; this insurance shall provide ten (10) days' written notice to Landlord before termination; and subrogation against the Landlord shall be waived. Upon request of the Landlord, Tenant will provide Landlord with a certificate of insurance or other documentation confirming the insurance is in effect. (8) Reporting to Landlord. Tenant shall promptly give notice to Landlord of any condition of the Premises that comes to the attention of Tenant whether through its personal observation, or through reports from its employees, representatives, invitees, or licensees, which may give rise to damage to persons or property. Landlord shall not be liable to Tenant, its employees, licensees, or invitees for failure to make any repairs required by Landlord or damages as a consequence thereof, unless written notice of the necessity thereof has been given by Tenant to Landlord, specifying in reasonable detail the repairs required. 8. Trade Fixtures and Equipment. All trade fixtures and equipment, that are supplied or installed on the Premises at the sole expense of the Tenant, shall be maintained by Tenant and will remain the property of Tenant. Trade fixtures and equipment include all items installed by Tenant that can be removed from the Premises without material damage to the Premises. Landlord shall have no responsibility for this property. Tenant may remove these items within ten (10) days from the termination of this Lease, provided: (i) Tenant is not in default hereunder at the time of termination; (ii) Removal of the items can be accomplished without material damage to the Premises; (iii) Tenant, within a reasonable time (not to exceed thirty [30] days after removal), shall reimburse Landlord for the costs of repairing any and all resulting damages relating to the removal of such fixtures. 9. Damage to Premises by Fire. In the event the Premises is damaged by fire or any other casualty or peril such that makes the Premises untenable in whole or in part, either party may elect to terminate the Term of the Lease, effective as of the date of fire or casualty, by written notice given to the other party within thirty (30) days after such date. All proceeds of fire and casualty insurance policies provided by Landlord shall be paid over to Landlord or its designated loss payee. 10. Eminent Domain. In the event the whole of the Premises (or such a substantial part thereof that it is rendered unsuitable for Tenant's purposes) shall be taken by public authority under the power of eminent domain or like-power, this Lease shall terminate as of the date possession is required to be delivered to the appropriate authorities. Landlord shall be entitled to all such awards or damages as may be allowed. Termination of this Lease by condemnation or the exercise of eminent domain shall not deprive Landlord of any remedy which existed prior to the termination. Page 4 of 9 P42 11. Hold Harmless. Tenant acknowledges that Landlord shall not be liable for any damage to property or injury arising from Tenant's occupation or use of the Premises, except as may be caused by Landlord's failure to perform under the Lease, whether by or from electricity, fire, water, ice, snow, storm, sewage, or any other cause. Landlord will not be liable for any damage or inconveniences to Tenant which may result from the improper functioning of the heating and air conditioning systems, any other mechanical apparatus, facilities, and utilities, whether caused by breakdown, defrosting process, or otherwise. Tenant promises and agrees to insure, protect, and save harmless Landlord from any damages, loss, liabilities, judgments, claims, costs, or expenses resulting or arising from any damages, loss, or expense resulting from the negligent, unlawful, or willful acts or omissions of Tenant, Tenant's employees, representatives, licensees, or invitees, or from Tenant's failure to perform any obligations imposed upon it by law or the provisions of this Lease. Landlord promises and agrees to insure, protect, and save harmless Tenant from any damages, loss, liabilities, judgments, claims, costs, or expenses resulting or arising from any damages, loss, or expense resulting from the negligent, unlawful, or willful acts or omissions of Landlord, Landlord's employees, representatives, licensees, or invitees, or from Landlord's failure to perform any obligations imposed upon it by law or the provisions of this Lease. 12. Entry of Landlord. Upon reasonable notice, Landlord may enter Premises to do any of the following: A. Inspect or protect the Premises; B. Effect compliance with any law, order, or regulation of any lawful authority; C. Make or supervise repairs, alterations, or additions; D. Exhibit the Premises to prospective Tenants, purchasers, or other persons, and within thirty (30) days prior to the expiration of this Lease, to place upon the Premises "To Let" or "For Lease" signs; E. Alter, maintain, or repair the Premises for occupancy at a time after Tenant has vacated the Premises. Authorized entry by Landlord shall not constitute an eviction of Tenant or a prohibition of Tenant's rights, alter the obligations of Tenant, or create any rights in Tenant adverse to Landlord's rights and interests hereunder. 13. Default. As used in the Lease, the term "Event of Default" shall mean any of the following: A. For the Tenant: (1) Tenant's failure to provide the services as agreed and set forth under paragraph 4 of this Lease, or to pay any other amounts payable by Tenant to Landlord hereunder within thirty (30) days after such are due and payable; Page 5 of 9 P43 (2) Tenant's failure, after receipt of demand from Landlord, to fulfill within a reasonable time any obligation imposed on Tenant by this Lease; (3) Tenant abandons or vacates the Premises. B. For the Landlord: (1) Landlord's failure after receipt of demand from Tenant to fulfill, within a reasonable time, any obligation imposed on Landlord by this Lease. Upon the happening of an "Event of Default", Landlord, at its option, may: If default consists, in whole or in part, of Tenant's failure to comply with the terms of this Lease, after thirty (30) days' notice by Landlord to Tenant, Landlord may either terminate the Lease, or terminate the Tenant's right to possession without terminating the Lease. Upon termination of this Lease, for any reason, or upon termination of Tenant's right of possession, Tenant shall promptly surrender possession to Landlord and vacate the Premises, or Landlord may re-enter the Premises, by force if required, and expel the Tenant or anyone claiming under the Lease and remove the property of any of them upon reasonable notice, Landlord being absolved of any liability or claim for damages for doing anything reasonably necessary or appropriate in connection therewith. Landlord's taking of possession shall not deprive Landlord of any right or remedy available under this Lease, or at law or in equity. Tenant will be responsible for all costs and expenses incurred by Landlord, including reasonable attorney's fees, in taking possession, or any amounts which may be due from Tenant to Landlord, or which may become due. Any personal property of Tenant or others through Tenant which is left on the Premises and not removed within thirty (30) days after termination shall be deemed abandoned by the Tenant, and may be sold by Landlord and the proceeds applied against costs, fees, damages, or other liabilities of Tenant under this Lease. Tenant hereby appoints Landlord as its attorney-in-fact for this purpose, and Landlord's authority shall not terminate upon the disability of Tenant or any one (1) of them. Landlord will be responsible for all costs and expenses incurred by Tenant, including reasonable attorney's fees, if Tenant is required to take any action against Landlord for failure to perform its obligations under this Lease. 14. Notice and Reports. Any notice, reports, statements, approvals, consent, resignation, demand, or request given, and any options or elections to be exercised by a party under the provisions of the Lease, shall be effective only if made in writing, by hand-delivery, with signed dated receipts thereof, delivered by certified or registered mail, or some other form of acceptable delivery which commands a receipt of delivery, to the other party at the applicable address set forth below. However, either party may designate a different address by giving the other party written notice of the change. Tenant shall pay rentals payable to Landlord at the same address prescribed for delivery of written notice. Page 6 of 9 P44 I5. Notice. Notice to Landlord or Tenant shall be deemed given, if by hand-delivery, when delivered, or if by mail or some other form of delivery, which commands a receipt, when mailed or delivered to carrier as follows: To Landlord: Olde Dominion Agricultural Foundation 19781 U.S Highway 29 South Chatham, Virginia, 24531 To Tenant: Pittsylvania County, Virginia c/o W. Dan Sleeper Pittsylvania County Administrator 34 N. Main Street P.O. Box 426 Chatham, Virginia 24531 Copy to: Robert T. Vaughan, Jr. 772 Main Street Danville, Virginia 24541 Cop• J. Vaden Hunt Pittsylvania County Attorney 34 N. Main Street P.O. Box 426 Chatham, Virginia 24531 16. Subletting and Assi nment Tenant shall not have the right or authority to assign or sublet the Premises without prior written consent of Landlord. 17. Condition of the Premises upon Termination Upon termination, Tenant will leave the Premises in good repair. In so doing, Tenant will have the Premises thoroughly cleaned and repaired prior to the surrender of possession to its same condition as the commencement of this Lease, reasonable wear and tear excepted. If Landlord is required to clean and/or repair the Premises after termination, the related cost and expense will be chazged to Tenant. 18. Consultant. Landlord and Tenant acknowledge that there has not been a licensed real estate sales person involved in the negotiation of this Lease on behalf of either Party, who is under an agreement to receive a commission. 19. Construction of the Lease. This Lease shall be construed and enforced according to the laws of the Commonwealth of Virginia. Headings relating to the contents of a particulaz pazagraph are inserted only for the purpose of convenience, and aze not to be construed as parts of any particulaz pazagraphs to which they refer. Any exhibit attached to this Lease shall be deemed an original part of this Lease only if initialed by the parties and bearing the same date as the Lease. The failure of the either Party to insist upon strict performance of any of the covenants or conditions of this Lease shall not be deemed a waiver of any such covenants, conditions, or options upon a future breach. This Lease contains all of the understandings between the Parties, and may not be modified, except in writing, signed by all parties hereto or their successors. This Lease shall be binding upon the Parties their heirs, estates, assigns, or other successors in interest. Page 7 of 9 P45 20. Recordation of Memorandum of Lease. Upon the request of either Party, the other Party will, in good faith, cooperate in the preparation and execution of recordable instruments describing the Parties, the Premises, the basic terms of this Lease, and other such portions hereof as either Party may desire to be included in such instrument. The Party designed to record such instrument may do so at its expense. 21. Signing, Effective Lease. All rights and liabilities hereunder shall benefit and bind the successors, heirs, and assigns of the Parties. IN WITNESS whereof, Landlord and Tenant have each caused these presents to be appropriately executed. Page 8 of 9 P46 LANDLORD: Dated: Olde Dominion Agricultural Foundation, Inc. a Virginia non-stock, non-profit corporation BY~ (SEAL) Title: COMMONWEALTH OF VIRGINIA CITY OF DANVILLE; TO-WIT: The foregoing lease instrument was acknowledged before me by on behalf of Olde Dominion Agricultural Foundation, in his/her capacity as this _ day of , 2011. My Commission expires: Notary Public TENANT: Dated: Pittsylvania County, Virginia BY~ (SEAL) Title: COMMONWEALTH OF VIRGINIA COUNTY OF PITTSYLVANIA; TO-WIT: The foregoing instrument was acknowledged before me this 2011, by on behalf of _ in his capacity as of _ , 2011. My Commission expires: Notary Public Page 9 of 9 day of this day P47 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Callands Cannery Assessment SUBJECT/PROPOSAL/REOUEST: Cannery Assessment AGENDA DATE: 03-15-2011 ACTION: Yes CONSENT AGENDA: ACTION: ITEM NUMBER: 12 INFORMATION: STAFF CONTACT(S): Mr. Sleeper ATTACHMENTS: No BACKGROUND: On March 16, 2010 the Board of Supervisors lawfully advertised and convened a public hearing that was required by Code of Virginia §15.2-1800 (b). The Board of Supervisors affirmly declared the Callands Cannery as surplus property, authorized the County Attorney to negotiate a sale of the property following the standard required practices of two appraisals. DISCUSSION: RECOMMENDATION: Since this matter involves a discussion of consideration of the disposition of publicly held property and the decision in Open Meeting would adversely affect the bargaining position or negotiating strategy of the public body, I am requesting the Board of Supervisors to convene a Closed Meeting to discuss the disposition of publicly held real estate property where the decision in open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Authority: §2.2-3711 (A) (3) of the Code of Virginia, 1950, as amended Subject Matter: Callands Cannery Purpose: Negotiation for Sale P48 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 03-15-2011 ITEM NUMBER: 13 Credit Card Use SU BJECT/PROPOSAL/REOUEST: ACTION: Yes INFORMATION: County Credit Cards STAFF CONTACT(S): Mr. Sleeper CONSENT AGENDA: ACTION: ATTACHMENTS: Yes INFORMATION: BACKGROUND: Pittsylvania County has issued credit cards to a number of individuals to be able to expedite and carry out County business, particularly on out of town travel and necessary emergency purchases. The Honorable Marshall Ecker has requested the Board of Supervisors to review and update their credit card policy. DISCUSSION: Attached hereto is a copy of the reference to the Pittsylvania County Board of Supervisors credit card policy from the Travel, Training and Education Policy and Procedures document and amendment submitted by the Pittsylvania County Administrator concerning use of County credit cards. RECOMMENDATION: This is submitted to the Board of Supervisors for their review, consideration and discussion. P49 PITTSYLVANIA COUNTY VIRGINIA William D. Sleeper County Administrator P.O. Box 426 Chatham, Virginia 24531 dsleeper~pittgov.org Phone (434) 432-7710 Fax (434) 432-7714 Gretna/Hurt (434) 656-6211 Bachelors Hall/Whitmell (434) 797-9550 MEMORANDUM TO: All Departments FROM: William D. Sleeper, County Administrator DATE: February 4, 2005 RE: Pittsylvania County Credit Card Charges l~r`~- Pittsylvania County has credit cards available in the Purchasing Department for the convenience of County employees who travel on County business. Our auditors have pointed out that receipts are sometimes missing when these statements aze paid on a monthly basis. It is mandatory that all credit card receipts be turned in to Wendy in the Finance Department when the County's credit card is used. If receipts are missing when the statement is received in the Finance Department, the employee responsible for the charge will be personally liable for any receipt that cannot be produced at the time that the statement is paid. A copy of the Travel, Training and Education Policy is attached that clearly outlines this violation of credit card usage. P5Q PITTSYLVANIA COUNTY VIRGINIA ~~SYL~'~4r William D. Sleeper c~ y w Phone (434) 432-7710 County Administrator p ~ n P.O. Box 426 a ~~y ~ Fax (434) 432-7714 6 ~ ~ z Gretna/Hurt (434) 656-6211 Chatham, Virginia 24531 ,~ `u ~ `~ ti Bachelors Hall/Whitmell 434 797-9550 dan.sleeper@pittgov.org J' ' 1767 % 'c ( ) Memorandum To: All Pittsylvania County boards, Agencies and Commissions From: William D. Sleeper, County Administrator Date: October 5, 2005 Subject: Amendments to the Travel, Training & Education Policy - Pittsylvania County Board of Supervisors Attached hereto, you will find the updated Travel, Training & Education Policy for Pittsylvania County as adopted by the Board of Supervisors on October 3, 2005. Please note that travel outside of the Commonwealth of Virginia requires the approval of the Board of Supervisors with the exception of extradition of prisoners, which is by a court order. In addition the mileage has been amended to insure that annually it will meet the current IRS mileage rate. If you should have any questions concerning any of the elements of this Education Policy, should be directed to the county Administrator's office. that all Boards, Agencies and Commissions receiving funding from the adhere to the requirements of the Policy. Your attention in this matter is greatly appreciated. WS/dc Attachment 61 Travel, Training & The County requires Board of Supervisors P51 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS TRAVEL, TRAINING & EDUCATION POLICY - 2005 Section 1 -Purpose This policy defines the rules Pittsylvania County follows to allow and reimburse County employees, board and commission members, and approved volunteers utilizing County funds for travel expenses, training and continued education classes that are related to the performance of official County business. This policy applies to all County employees, with no exceptions. Employees are expected to minimize costs by utilizing prudent business practices. Employees are reminded that travel expenses are open to scrutiny by the news media, the public and the Pittsylvania County Board of Supervisors. Section 2 -Travel Authorization Expenses for travel outside of Pittsylvania County shall not be incurred without the prior approval of the appropriate department head and/or County Administrator. Prior approval must be obtained to assure that the funds are available in the budget. All travel outside of the Commonwealth of Virginia, except extradition of prisoners must be approved by the Board of Supervisors. Section 3 -Use of County Credit Cards The County encourages the use of County credit cazds when traveling on County business. The credit cards can be used for registration, rooms, meals, gasoline and other expenses. The use of County credit cazds helps eliminate the need for cash advancements and allows expenses to be chazged directly to the County. Requests to use a County credit cazd should be made as early in advance as possible. Credit cazds can be picked up from the Purchasing Manager. Section 4 -Cash Advances Cash advances are discouraged! However, if a cash advance is necessary, it must be requested on the Travel/Training Request Form and approved by the Department Head and/or County Administrator. After approval is received, a copy of the form must be submitted to the Accounting Department not less than three (3) working days prior to the date needed. All requests must include the account number the funds are to be charged against. Cash advances must be accounted for on the Travel/Training Expense/Reimbursement Form and documented with receipts. Any unexpected funds from cash advance must be refunded to the Accounting Department within five (5) working days of the employee's return. 62 P52 Section 5 -Registration Fees Requests for payment of registration fees shall be submitted as far in advance as possible. The County will pay registration fees by credit card or check. In the event an employee pays a registration fee, reimbursement shall be made to the employee. The registration fee shall be submitted on the Travel/Training Expense/Reimbursement Form with a receipt or copy of a cancelled check attached. Section 6 - Mileage Reimbursement for use of Personal Vehicle The County has a fleet of vehicles available for use. Employees needing to use a County vehicle should make a request to their Department Head. In turn the department head shall coordinate the use of the vehicle with the County Administrator's Office staff. Every effort will be made to provide employees the needed transportation. If a County vehicle cannot be provided, the County will reimburse the employee for mileage expenses incurred on their personal vehicle at the current IRS mileage rate per mile. The employee must document the number of miles traveled and record those on the TraveUTraining Expense/Reimbursement Form. All mileage records should be accurate and aze subject to review and approval. The County's mileage rate will change to conform to the State's without Boazd action. The effective date of change will be the same as the State's effective date of change. Section 7 - Overni hg t Lodging Employees should submit requests for hotel accommodations to the Purchasing Department as far in advance as possible so the Purchasing staff can make the reservations and confirm that the County is being charged at the government rate. Hotel accommodations are typically charged to the County's credit cazd. Generally, the reservation will be made at the hotel where County business/training is being conducted. This saves the employee travel time and parking fees. In the event there aze no vacancies at the hotel where the business/training is being conducted, care will be used in the selection of another lodging facility to ensure the County is receiving the best possible rate. Section 8 -Meals Employees should not spend more than a total of $40.00 per day on food for three meals. The County Administrator must approve any variation from this. Meals expenses must be reported on the TraveUTraining Expense/Reimbursement Form and receipts attached. 63 P53 Section 9 -Air Travel Air travel requires the advanced approval of the County Administrator. All employees are expected to travel economy class and reservations should be made as far in advance as possible. Air travel chazges may be paid by the County credit card or check. In the event an employee pays air travel charges, reimbursement shall be made to the employee. Air travel expenses must be reported on the Travel/Training Expense/Reimbursement Form with a receipt. Section 10 - Caz Rental Car rentals should be arranged in advance and should be at the government rate. Car rental chazges will be paid by the County credit cazd or check. In the event an employee pays car rental charges, reimbursement shall be made to the employee. Car rental expenses must be reported on the Travel/Training Expense/Reimbursement Form with the caz rental contract and/or receipt attached. Section 11 -Other Expenses While traveling on official business for the County, employees may incur expenses for parking, tolls and gratuities. A receipt is only required if the expense exceeds $5.00. These expenses must be reported on the TraveUTraining Expense/Reimbursement Form with receipts, if required. Section 12 - Continuing Education Classes The County will pay the cost of tuition and books for classes that a full time, permanent County employee enrolls in that are related to the job responsibilities of the employee's current position or a position to which it is anticipated the employee may be promoted, provided the employee successfully completes the course with a grade of at least a "C" average. Upon completion of the class the employee must submit proof of completion and/or a copy of their grade to the Payroll Clerk in the Accounting Department. This information will be placed in the employee's personnel file. If the grade is less than a "C" average, the employee may be required to make reimbursement to the County for the tuition and cost of any books. The employee shall submit a County requisition with a copy of the registration form attached, signed and approved by the Department Head and County Administrator, to the Purchasing Department. Requests for books shall also be submitted on a County requisition. The County will pay the tuition and cost of any books. In the event an employee pays the tuition or cost of books for a class that has been approved by the Department Head and County Administrator, the County will reimburse the employee. A copy of the registration form and a receipt must be provided. Section 13 -Expense Reports 64 P54 PITTSYLVANIA COUNTY VIRGINIA f Q~~~ b Y L Vq ~ William D. Sleeper w ~ o ~ Phone (434) 432-7710 County Administrator - .~~ o ~ ~ c Fax (434) 432-7714 P.O. Box 426 a ~ ~ z ~ `" ~ `~' y Gretna/Hurt (434) 656-6211 Chatham, Virginia 24531 ~ ~ ~' Bachelors Hall/Whitmell (434) 797-9550 dsleeper~pittgov.org L ~~`~~ Memorandum To: All Pittsylvania County Boards, Agencies and Co fissions . , From: William D. Sleeper, County Administrator ~~ Date: October 13, 2005 Subject: Travel, Training & Education Policy Several questions have arisen concerning the changes in the Travel, Training & Education Policy, particulazly in reference to travel outside of the Commonwealth of Virginia. The intent of the Travel, Training & Education Policy was specially to cover travel dealing with educational classes, seminars or training necessazy for employees to benefit the performance of their job with the County of Pittsylvania. It was not the intent of the travel authorization policy guidelines to interfere with the day-to-day requirements of an employee carrying out their job, which may require them to cross the North Carolina line as an example to reach other azeas of Pittsylvania County and / or to carry out the requirements of investigations, such as the Sheriffs Department and Animal Control Officers that may have to travel to North Cazolina. Constitutional Officers themselves aze not employees of the County of Pittsylvania. They are identified sepazately by the code and by the General Assembly for funding of the actual officer. Therefore the County Employee designation under the Travel, Training & Education Policy does not restrict the Constitutional Officer from taking qualified trips that they feel necessary to carry out the functions of their job. The Board of Supervisors request that Constitutional Officers adhere as closely as possible to the requirements of the County's Travel, Training & Education Policy to insure consistency in their general operation of reimbursements and funding by the County. Therefore by this memorandum, I am designating that the Travel, Training & Education Policy are designed specifically for travel and training dealing with conferences, seminars, education training and association meetings and annual meetings. P55 Memorandum to all Boards, Agencies and Commissions Travel, Training & Education Policy October 13, 2005 Page 2 The travel necessary to carry out the functions of a daily job, such as investigations by the Sheriff's Office, investigations by Animal Control, and Building Inspections that may require that they travel into North Carolina or other States in order to complete the tasks of their daily job are not the intent of this Travel, Training & Education Policy. Therefore daily work requirements of the Department of Solid Waste, Animal Control, Building Inspections, Planning and the Sheriff's Office traveling across the North Carolina line in order to carry out the functions of their duties are exempt from the requirements of this Travel, Training & Education Policy. However, as designated all other training outside of the Commonwealth of Virginia, it is not a requirement of a daily job activity of the individuals and departments identified in this memorandum are required to get prior approval from the Board of Supervisors for travel outside of the Commonwealth of Virginia. If you should have any questions concerning the designation and clarification of this memorandum, please do not hesitate to contact my office. WS/dc Cc: Honorable Members of the Board of Supervisors John P. Light, Legal Counsel P56 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Letter of Support for Tobacco Application -Town of Chatham AGENDA DATE: 03-15-2011 ITEM NUMBER: 14 SUBJECT/PROPOSAL/REQUEST: Tobacco Commission Application STAFF CONTACT(S): Gregory L. Sides ACTION: Yes INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: At the March 7, 2011 meeting of the Board of Supervisors, the Board voted to offer a letter of support for a Tobacco Commission application to be submitted by the Town of Hurt. The Town is applying for funding to modernize a water pump station, and the Town of Hurt will be responsible for the required local matching funds. DISCUSSION: The County has received a letter from the Town of Chatham requesting a letter of support for an application that the Town is submitting to the Tobacco Commission. The Town of Chatham is requesting $600,000 from the Tobacco Commission to upgrade the Town's water treatment plant. In their letters, the Town points out that the Chatham plant supplies all commercial users, industries and industrial parks, as well as any proposed industrial parks, from White Oak Mountain to north of Chatham, near Dry Bridge, a distance of about 10 miles along the Route 29 corridor. The Town of Chatham will be responsible for the required local matching funds RECOMMENDATION: Staff submits this request for a Letter of Support to the Board of Supervisors for review and approval. P57 '~I,OWN OF CHATHAM Mayor JOSEPH H. ROGERS 16 Court Place PO Box 370 Town Council Town Manager Chatham VA 24531 JANET BISHOP EDMUND GILES 434-432-8153-Office WILLIAM BLACK Clerk-Treasurer 434-432-0817-Facsimile ROY BYRD, JR. J. DAVID COTHRAN chathamvaCu,comcast.net ALVIN R. CRIDER Director of Public Works www.chatham-va.gov ROBERT B. THOMPSON ROBERT H. HANSON ANDREW VVA1-L February 28, 2011 Greg Sides Assistant County Administrator Pittsylvania County P.O. Box 426 Chatham, VA 24531 Re: Town of Chatham Water Treatment Upgrades Request for Support Dear Mr. Sides: This letter is to inform you that the Town of Chatham will be submitting an application to the Virginia Tobacco Indemnification Commission (VTIC) for grant funds to assist with upgrades to the Water Treatment Plant (WTP) that currently treats water that serves County facility. These upgrades will address deficiencies that have been brought to our attention by the Virginia Department of Health and the Town's engineering consultant. The primary focus of these improvements are to satisfy VDH regulatory requirements and to increase the overall reliability and performance of the WTP. As you may recall in 2008, two major shutdowns of the Town's water system occurred, one which resulted in the declaration of a local state of emergency causing a two day boil notice. During this time the Town was required to issue a boil water notice and bring in water from outside sources for its customers. These shutdowns were a result of deteriorated equipment and lines within the Town's water system. The Town recognizes that due to the age of the Town's water system, deficiencies in both the distribution system and at the WTP need to be addressed. As stated above, the initial proposed project will address deficiencies at the WTP. A subsequent project will focus on improvements to the Town's water distribution system. Because water service is such an important aspect of operating a business we are asking for your letter of support. This letter is vital for increasing the Town's chances to obtain grant funding for the upgrade to the Water Treatment Plant. In your letter please indicated how our regional water supply is important to future economic development for this area and how this water is vital for the use in the Counties daily operations and describe any impact to the County operations that will occur (or has occurred) if water service is interrupted. Due to the timely nature of this application, we ask that you submit your letter to the Town Hall no later than March 17, 2011. C:\User;\Owner\Documents\Tobacco Commission Grant\Lztters of Support for Tobacco Commission Grant.docx P58 I want to Thank you in advance for your support in this matter and if you should have any questions regarding the information contained in this letter please contact Edmund Giles, Town Manager at (434) 432-9515. Sincerely, ~v s osep H. Rogers Mayor -Town of Chatham P59 February 16, 2011 Virginia Tobacco Commission Address Reference: Town of Chatham Grant Request -Water Plant Upgrades This letter affirms the unanimous approval of the Town of Chatham Council, given at its regular meeting on February 14, 2011, for pursing a grant to help facilitate the upgrade of the town's water treatment plant. The council acknowledges that an upgrade of the most critical operational elements of the water plant is required to assure continued reliability, improve efficiency, and to be capable of meeting evolving Virginia Department of Health regulations. Using recommendations from the Preliminary Engineering Report (PER) completed in 2010, a project has been configured to move forward on the plant improvements deemed most crucial to assuring uninterrupted operation and reliable water supply to the town and county customers. The existing water treatment plant provides the only source of processed water in central Pittsylvania county from White Oak Mountain to north of Chatham near Dry Bridge along the U.S. Highway 29 corridor, a distance of about 10 miles. The area served includes residential, commercial and institutional customers within the town and the county. All industries and industrial parks in this area rely on the town as the sole source of potable water. Also, five schools and the Green Rock Correctional Facility depend on a reliable daily supply of water. The town's plant is the only source of water available for any new economic development sites and as such is crucial to development in the area. The aging plant is in urgent need of upgrades that will allow it to be capable of meeting needs of any new business in the area in an efficient and reliable manner. In summary, no significant development can occur in this part of Pittsylvania County without reliable water supplies and the only source is the aging town plant. Given existing financial Iimitations, the Town of Chatham is seeking assistance in funding this project. Funds received will allow this work to move forward quickly and will aid in positioning the area for any new customer base. The town respectfully requests your positive consideration for grant funding to help facilitate execution of this project. Joe Rogers Mayor P60 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Tobacco Application -Gretna Industrial Park SUBJECT/PROPOSAL/REOUEST: Discussion of application AGENDA DATE: 03-15-2011 ACTION: Yes CONSENT AGENDA: ACTION: ITEM NUMBER: 15 INFORMATION: STAFF CONTACT(S): Mr. Sleeper ATTACHMENTS: No BACKGROUND: The Pittsylvania County Board of Supervisors has reviewed and discussed the industrial parks and tobacco applications at three meetings of the Board of Supervisors. At the last meeting of the Board meeting on March 7, 2011, a motion was made to submit Tobacco Indemnification and Community Revitalization applications for Brosville and Gretna Industrial Parks for preliminary engineering and grading of an industrial pad at each park. This motion passed on a majority vote of 4-2. DISCUSSION: It appears to be discussion concerning the ability of the County of Pittsylvania to do the application for Gretna Industrial Park when the land is owned by the Town of Gretna. This has been requested to be re- submitted to the Board of Supervisors for their review and discussion. RECOMMENDATION: This is submitted to the Board of Supervisors for their review, discussion and action. P61 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Request for Public Hearing- Pittsylvania County Zoning Ordinance SUBJECT/PROPOSAL/REOUEST: Request for Public Hearing AGENDA DATE: 03-15-2011 ACTION: Yes ITEM NUMBER: l6 STAFF CONTACT(S): Mr. Sleeper CONSENT AGENDA: ACTION: ATTACHMENTS: Yes INFORMATION: BACKGROUND: The Pittsylvania County Planning Commission held a public heazing on Tuesday, March 1, 2011, regarding the proposed amendments to the Pittsylvania County Zoning Ordinance concerning accessory buildings. This proposed amendment was to delete the following: An accessory building shall not dominate a principal building in area, extent or purpose. DISCUSSION: The Planning Commission recommended by a 7-1 vote, with opposition, to the Board of Supervisors to change the ordinance as submitted to them. RECOMMENDATION: Attached hereto you will find a letter submitted by the Pittsylvania County Zoning Director referring to the references of the Planning Commission action. This is submitted to the Board of Supervisors for their review, consideration and action. P62 PT~r~rs~vANiA couNrrY VIRGINIA Departmeat of Code Compliance P.O. Drawer D Chatham, Vfr((inia 24831 Odic H. Shelton. Jr., Director Phone Numbers: Inspections (434) 432-7766 Zoning (434) 432-7761 Faz (484) 432-7919 dretna/Hurt (434) 666-8211 MEMORANDUM TO: William .Sleeper, County Administrator FROM: Odie H. Shelton, Jr., Director of Code Compliance DATE: March 2, 2011 SUBJECT: Amendment to the Zoning Ordinance The Pittsylvania County Planning Commission held a Public Hearing on Tuesday, March 1, 2011, regarding the proposed amendment to the Pittsvlvania County Zonin$ Ordinance. Chapter 35-Zoning, SEC.35-40.PRINCIPAL DEFINITIONS OF THE ZONING ORDINANCE. Accessory Buildinu-to delete the following: An accessory building shall not dominate a principal building; in area, extent or purpose. This amendment was advertised in the Star Tribune on Wednesday, February 16, 2011, and Wednesday, February 23, 201 1. The Planning Commission recommended by a 7 to 1 vote, with opposition, to the Board of Supervisors the proposed change to the ordinance as submitted to them. The opposition was submitted by Karen Maute and Barbara Hudson, and they desired for the definition of an accessory building to remain as it is and to require a Variance be obtained in the event someone desired an accessory building larger than their dwelling. Please see attachments handed out by Karen Maute. Should you have any questions regarding this matter, please feel free to contact me at any time. OHS, Jr. /khb Attachments C: J. Vaden Hunt, County Attorney P63 ~ariauce ~lanc~ use) ~'r~r ~~dci~edia, tfre ~ encyclopedia .~- v~erianae is a n~ deiort from the sex of ntle~ a mrtai~-~alitg applies to land use known as a zonixtg ord~nartse, building code ar municipal code. Lt today°~ la•d use approval ertvironmerrt a variance rr cart 6e a fataol i~aw for sarnetlring as "insignificanat" as a ~ €xartn a arurricipai sign Couteu~s • t tPtr~osc • 2 T'} • 3 Fracedure • 4 ~e also w S T:tcfcrs • 6 Extents! links Purpose I~serttially, vanaarae is an administrative exceptian ¢o IaQd ecse regufatiaus. wally, it is applied when. the m~~ weals to avoid. compensating a landau for malci~ng file tandowtrer render changes to the tea! property to rtratce it carttp[y with the zoning regulation. ~~ ar+e required in. the United Mates in order to prevent a regulatory taking. To avoid a taking, four factors for a variance include G 1) uny hardship; (2) needed for reasoaab~e use, (3) trot alter essential character of neigirborl~ood, (~) intrusive sotution.f f l Aa exarnpte: suppose a "[ow density residetttiat" zone requires tta~ a. hoerte have a. setback (the distance frost the edge of the property to t[te edge of the buitdereg) o€nra lei !QA feet (30 m). If a particular pcc~seerty were cxtly ItY41 feet (3~Q m) deep, it would be ia~possi[sle to build a [louse on the property, potentially hotting irr an unlawful regulatory takistg, A variance cxisrg the property from the sezbacfc re~gtilauan would atlaw a house to be built. Types An arcs variance occurs when an odd. confi.guratiaa of the laird. requrr+es a single relaxation of the appticabte regulatioa~ such. as a setback or a rtriniatum hoar area. ~1- use vaxiaetce is a variance that allows a nonconformistg use att'~ the imptearentation of the zoning regulation ar other applicable taw. This is more difficult to acquire than an area variance and is open to art attack ~rf Spat zoning. ~irilntt P64 Procedure Variances are typically only granted aftu ~ a ~ oevr~ Qr~ncess agai~tst specifeed approvaE criteria.. ~4lthough review criteria vary tSrona~~ to jurisd%c#ion, itrree basic cnier%a are eomruon to the vast usafarity of varian+et ordi~: 'The variance is required due to specifrc site c~iiiox~ (property confr~uration, phY, soil conditions, etc.), which causes esarF- ~ to la~mdaurner,t~ Granting the variance witE not result in a End ~ pr~lic Eu~Ede ar safety, and, Graniing the variance wit[ not result iu a grant of privd'ege to the property a~mer (in other words, any other properly owner w~dC ~ site citxoas eauEd obtain a similar varrance: ibis criterion is often addressed by citing prercdent~ +See a180 ^ Zaning ^ Spat zcming ^ 7on~ctg in tEre United States (lend use} ^ Special use pcrntit • 1~Fonconforming use References I. ^ Pec-nsylvania Coal 2. ^ [kvercaux Paternal links . Scl~indteds Land Use Page (Michigan Slate Uaiversity~ ~~. lJaad Use Team) I E (E~:f/web l ,mane,msu.edufwexford/I,[~~u~ex.Es~E~ ^ Land Policy Ertstituie ai tarlicbigan State E~aiversity ~2j ~P:ffwww.(andpolicy.msu.eduft.c~dcx.Eusnl~ t use)" • This page was test modified on 28 p'elnuary 2EllQ at 22:4. ^ Tcxt is available under the Creative Commons Aii~nibat SE~arealilte License; additional teems may apply, See Terms of Use for details, VVikrpedia®is a registered trademark of tEur ~~nedi~a ~'oundatiosi, lnc., a non-profit organization, htip:/len.wikiped ia. orgfwikiNariance_(land_use) 3f I !20 l i P65 ,~~f , vaieir~ C.outty' ZosesQ Ordinance - F~irifa~rEC - , iia a~ppkeatioRC of a zoaiag (kdmanoc, a ae~or~lr~e dlewi~tuaa tie proms c the ~eze or a~ o6a lot or parcel of bad, or- the sum, , Iba1lc or bc.~rtno~a of'z ox s~uttu~+e whoa the atricx application of tl~ Ordiaaacc w+oald trarr~t i~c unaeuat~y or usrc~fanablc hardship to the property owner, aaQ sncl~ a~e~ed for a wariatav~e would act be t Sll3` b1` other proptct%es, a~uf providcd soh var~oe i~ set chary to the inteadc~ sad pt+rp~e of the Otde'itanrc, and would resulc iA aat~l,ju~icc bang doac. ~C'etde cif V`irgraa~ de~raftioa). Abro, ertaMfaheatcat or expaa»si~oa o4'a uac ~c si>al~ act be allowed hY variancc, nor stasal(. a variancc be gracKcd bec of the pr+raeetrc of aAncoafaraeatite tithe zoni~ag dis+tr%et or adjbiniag districts. P66 Wiz:?tii7:.;._ ~~ P67 ~. ~ and meut%cipalities may, by or+di~earecaes im j[tn'~d~ic~io~n, create a joint BZA. '1~ IDeuaber~a $rom each ~ID'i~n sad one mearaber at large ane appointed by the c-xrtait court. 5. '~Vhst A~'e the i~ov~rers of the Board Of Zonire~ p? The BZA shall: ~ Hear and decide appeals fro:ee any order., requirete>etet, ~& ~' deterneueation e by ~ zoning administrator or an admiuistr~tive isg in e~oxcing or the zoning ordinance. Aggzlieved ~~ ass notif ed iu writing that apteeals must be scads within thirty days, B, Aalthrxire, upon request in specific cases, variaixaea the terms of the zoning ordia~e that are eiot contrary to the public intec+aelr.: ~x$ VVI~i~ to special conditions, a literal et:Eoc~, of the provisions of the zoning ordinance will result in unnecessary anal undue hardship; ~~~ ~aheti such hardship is not shared generally by p~p~ ~ the same zoning disix~ict and the same vicinity; ~3- Wleesx flee suthatizatioo of such variance will not be of sub+aiantial detriment to p~p~Y ~ change the character oF" the dish. ~. Hear and decide applications for interpretation of a zoeaiisg dis~ct, map where there is uncertaieity ss to the location of a d.istrect b'~ D. Hear sad decide applications for special exceptions ~etse pernrits~ authorized by the zoning ordinance provided the BZA is permitted by the ordinance to consider such eueeptiAns. l~. FYx a r~essoeiable time, give public notice and notify ileterested p ~ ~ oa apAh~ or appeals and decide the matter within ninety days. In exercising these powers, the BZA may reverse or affirm, wholly or partly, or. modify say order; recgarireneeat, decision or determiustrion uAder review Iiow-eae~ the Iaw does sot grant. a BZA flee poorer to rezone property. B. ~V~af ~tre the Aci~nin~trative Respons~bF~it~ ctt ~ Board ~ Zonings ~-ppeals? ~A. The BZA shall; E1) M'af~e, alter; or rescind riles and forms for its procedures coersistent with the zoning ordinance; (,2) Ii:eep minutes of fts proceedings, which include: tEie ante of e~h member on esGh quest%n, and records of its investigations anal other. official actions; P68 Plaruting Commission Public Heariing C 241„ liWarctt 1, 2011 Chapl~ 35-Zoning, Sec. 35-40, Prinapaf Oe~ of tfhe Z,oniing O,ro*ir~ar~oe aboard remain as is, wisteocct amendment, regarding the defireifioct of act "atooeasocy~ tg". /fcc~~svry i3ulldHeg ~ A subordinate building tocaHed on tote sanwe ivt as tl'te priXtapaf building, acrd t(fee use of which is arstomarily associated w and incidentail to {he use of the principal bu~dirtg. An accessory building shelf not dominate a prig bcrffdiceg in arm, extent or purpose. Art accessory building that is attadeed tci and ie ace building Ef~r location, materials and architectuural desi sifea~ ~ ~ a pratc{paf gre} gcwecreed by fhe regulations for prirtpp®d buildings in this Ordinance, How w~ you determine the "prirtdpat building" or "maim ~ for ttt~e ptspose of enforang the zoning ordinance? Use of setbacks only for detestniniirtg which be,dcfiing~s on a property are considered accessory or principal should not be deemed acoe€etable: Besides consideration of aesthetics and poterrtfal effect on adjoining propcatres,. there is ace ~y important, but hopefully not overlooked reason for spewing the d~cti~oct of a~ssocy ~ remain as is. There needs to be no ambiguity regarding pringpai strex~uure and a buffdrng regarding emergengr response. SEC. 35.74. ACCESSORY AND TEMPORARY BU~.OI'iVQS: ,, reads: "~, latent; Special requirements are designed for ac~ssocy and temporary be>;ldings to inure ample access for emergency vehicles, maintain fire etv~enes~s of rear and side yard rectuirements and Ensure accessory stnu~ures remsrin s ire ittcctc~on lA the main building" ff the accessory structure is not seen as the "meat bua~rng" or "~rirtcipat bcrildieeg" in an emergency scenario,. loss of !ffe is more Likely to reaait. The sentence, "An accessory building shall not dorr>~ate a prtcecipat btalding in area, extent a puupose", nwst remain in piece and not be defeated, if this its deieted~ ~ the intention that all accessory buildings may dominate a prindpal building iR area, extent artd purpose? Doesn`t that make, in essence, the principal building the accesso>~ `°Accessory budding", "accessory structure" and "accessory used"are mentioned through-out the zoning ordinance: Can they be used irfterchangeabty? kfFow ~ ~ definition of `"acxxsaory building" affect these applications? "Accessary building" „accessory structure" end "aroessory uses'" are menffoned murtipfe times in every zoning designation in the zoning ordinance. The ram4icataores o~f deleting, "An accessory building shalt not dominate a prirtapal bvildutg lire ac+ea,. extent or purpose" will affect ail zoning designations and compromise any existing integrity of tree ordinance, There is a process through the Board of Zoning Appears by which art ir-divid<rat may seek a variance ff the a provision of the result in zoning ordinance canes "e-ncteccesary and undue hardship". This process and resulting variance better insures that tt~eere are no contraindications to the public fntarest, the variance will not result in substant~ de#rrmertt f+ct adjacent property or change the character of the zoning district, and insure that county fire and rescue peroonnef can work effectively. Karen 8. Maute, Westover District P69 APPOINTMENTS PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Re-appointment-Pittsylvania County Representative to the Dan River Alcohol Safety Action Program (ASAP) AGENDA DATE: 03-15-2011 ACTION: Yes ITEM NUMBER: 17 INFORMATION: SUBJECT/PROPOSAL/REOUEST: Board Re-appointment CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): William D. Sleeper ATTACHMENTS: Yes BACKGROUND: The Dan River Alcohol Safety Action Program (ASAP) develops and implements the operational and personnel policies of ASAP in keeping with the needs of the Courts as they relate to the drinking driver problem. This program provides services to the Courts of Franklin County, Henry County, Patrick County, Pittsylvania County, and the Cities of Danville and Martinsville. ASAP Board members serve a three (3) yeaz term. DISCUSSION: The term for Teresa Easely, ASAP representative for Pittsylvania County, will expire March 31, 2011. Ms. Tammy Goad, Executive Director fo the Dan River ASAP, respectfully asks the Pittsylvania County Board of Supervisors to consider the re-appointment of Ms. Easely as the representative for Pittsylvania County to the Dan River ASAP Policy Board. RECOMMENDATION: Staff submits this to the Board of Supervisors for their review, consideration and approval. P70 Main Office 147 Deer Run Road Danville, VA 24540 (434)791-5331 (434) 791-5437 fax February 10, 2011 Pittsylvania County Board of Supervisors William Sleeper, County Administrator PO Box 426 Chatham, Virginia 24531 RE: Appointment to Dan River ASAP Policy Board Dear Mr. Sleeper: Satellite Office: 900 Starling Avenue, Suite B Martinsville, VA 24112 (276)632-2637 (276)632-0255 fax According to our records, the appointment of Teresa Easley to our Policy Board as a County of Pittsylvania representative will expire on March 31, 2011. We would appreciate you bringing this to the attention of the County Board of Supervisors at their next meeting for the purpose of re-appointing Teresa Easley or appointing another person. Your cooperation and prompt attention to this matter will be greatly appreciated. Sincerely, Tammy Goad, Executive Director Cc: Teresa Easley, Dan River ASAP Policy Board member Serving the cities of Danville and Martinsville, and the counties of Franklin, Henry, Patrick and Pittsylvania P71 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Appointment-Pittsylvania County Representative to 03-15-2011 the Danville Community College Board SUBJECT/PROPOSAL/REOUEST: ACTION: Yes Board Appointment STAFF CONTACT(S): William D. Sleeper CONSENT AGENDA: ACTION: ATTACHMENTS: Yes ITEM NUMBER: 18 INFORMATION: INFORMATION: BACKGROUND: DISCUSSION: The term for Ruth F. Brown to the Danville Community College Board will expire June 30, 2011. Ms. Brown has already served 2 four (4) year terms on that board and is not eligible for re-appointment. Mr. B. Carlyle Ramsey, President of Danville Community College, respectfully requests the Board of Supervisors to appoint a replacement for Mrs. Brown when her term ends June 30, 2011. (See Attached Letter). RECOMMENDATION: Staff submits this to the Board of Supervisors for their review, consideration and approval. P72 Serving Danville F~1~11u~sax Canty Pittsyl~ania County ®a11Vt8~~ ~~!llD'D~D'~~~D~~ ~~Q~~~~ 1008 ~atatta t~/)a~7 ~thre~°t ~anvi4le. Virgi~ria 24541-4004 February 17, 2011 ~~-~~~.2222 ~'~:434.7g~.8542 I~a~::4~4.~87.8s~41 i~dCl!lLd~+ cs.ed~ 1~~~~ V D Mr. W. Dan Sleeper F E ~ 2 F 2011 Pittsylvania County Administrator P. O. Box 426 Chatham, VA 24531 Dear Dan: Mrs. Ann F. Brown's four-year appointment to the Danville Community College Board will end on June 30, 2011. Mrs. Brown was appointed in July 2003 and is not: eligib~e for reappointment. Therefore, I would respectfully request. that the 13oar~d of Supervisors appoint a replacement for Mrs. Browr_. She has served with distinction, and we regret that she is inelig:b~.e f:or reappointment. Please feel free to contact me if you need any additional information. Very sincerely, ~- B. Carlyle Ramsey President gb c: The Honorable Tim Barber, Chair Mrs. Ann F. Brown An Equal OpportunityiAffirmative Action College Member, Virginia Community College System P73 CLOSED MEETING REPORTS FROM BOARD MEMBERS REPORTS FROM LEGAL COUNSEL REPORTS FROM COUNTY ADMINISTRATOR ADJOURNMENT