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02-06-2012 BOS Regular Meeting~~ ii//ir ~~i~Gl~r BOARD PACKET BOARD OF SUPERVISORS REGULAR MEETING FEBRUARY 6, 2012 1767 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS REGULAR MEETING MONDAY, FEBRUARY 6, 2012 7:00 P.M. GENERAL DISTRICT COURTROOM EDWIN R. SHIELDS COURTHOUSE ADDITION CHATHAM, VA 24531 AGENDA Call to Order - 7:00 p.m. 2. Roll Call CONSENT AGENDA 5(a) Minutes: January 3, 2012 -Regular Meeting -Pages 10-1 S January 17, 2012 -Adjourned Meeting -Pages 16-23 (b) Bill List -January 2012 (On County Website) (c) Citizen Emergency Response Team (CERT) Grant Appropriation -Page 34 (d) Governor's Opportunity h•und (GOF) Appropriation -Page 25 (e) S"I~RIKE FROM AGENDA (f) Proclamation --Black History Month- Pages 26-27 (g) Proclamation -Earth Day -Pages 18-29 (h) Resolution -Trey Edmunds -Pages 30-31 PUBLIC HEARING 6. Proposal to restrict truck traffic on part of State Route 640, (Wards Road) to State Route 633 (Clover Road) and State Route 633 (Stone Road) until reaching State Route 688 (Grit Road) in the Staunton River District. A reasonable alternative route for this would be the following: State Route 699 (Gladys Road) to R"f 29 (Wards Road); 29 South to the northern most exit for Altavista, RT 712 then South on BUS 29 come back through town to Pittsylvania Avenue and turn east onto RT 668 (Grit Road). The proposed restriction will be on any truck, truck and trailer, or semi-trailer combination except a pickup truck or panel truck. -Pages 33-37 7. Proposal to restrict truck traffic on part of State Route 931, (Sycamore Creek Road) off US Hwy 29 and SR 654 Dalton's Farm Lane) to State Route 634 (Blue Ridge Drive), which is already restricted in the Staunton River District. A reasonable alternative route for this would be the following. Alternate A: a commercial route be used such that the trucks would go up US RT 29 to Altavista and take SR 43 (Bedford Road) into the Town of Altavista; make a left onto 7`h Street; drive 3 blocks on 7`h Street to Pittsylvania Avenue; turn right and go east on Pittsylvania Avenue across the Staunton River to State Route 668 (Grit Road) in Pittsylvania County to the Virginia Power facility on the left hand side of SR 668. Alternate B: use RT 40, RT 29, RT 57 to 29 North to the northern most exit for Altavista, RT 712 then South on BUS 29 come back through town to Pittsylvania Avenue and turn east onto RT 668. The proposed restriction will be on any truck, thick and trailer, or semi-trailer combination except a pickup truck or panel truck -Pages 38-42 NEW BUSINESS Smith Mountain Business Association -Shore Line Management Plan -Pages 44-48 Recommendations from Property & Building Committee -Committee will have met at S: 30pm on February 6, 2012 -Pages 49-SI (a) Cushions for the Circuit Court Courtroom (b) Closed Session: Discussion or consideration of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Authority: §2.2-3711(A)(3) Code of Virginia, 1950, as amended Subject Matter: olde Chatham Elementary School Purpose: Discussion of Proposals 10. Recommendations from Finance Committee -Committee will have met at 4:00 pm on February 6, 2012 -Pages 52-53 (a) Annual Report from Auditors (b) Review of Bond Debt & School Costs (c) Options for 2013 Fiscal Budget 11. Reimbursement of Swedwood Rail Grant -Pages 5~-60 12. Contract Agreement -Davenport & Company -Pages 61-63 13. Support for Federal Fireworks Permit -Page 64 14. Certificate of Need - Centra Flealth, Gretna, Virginia - Mr. Jerry Hagerman -Pages 65-66 15. Expenditure Refunds - Requires a Motion and a 10-Day Layover - Pages 67-69 16. Danville Humane Society -Additional Appropriation - Requires a Motion and a 10-Day Layover -Page 70 17. Comprehensive Services Act (CSA) School Appropriation - Requires a Motion and a 10- Day Layover -Page 71 18. Klopman Mills Waterline -Pages 72-73 19. Sole Source Award -Fire ~[~raining Simulator -Citizens Corp Grant -Pages 74-80 20. Pittsylvania County - City of Danville Agreement -Phase II-Mega Park -Pages 81-86 21. Proposed Pittsylvania County Beautification Committee - Ms. Brenda Bowman -Page 87 22. Appointment to Pittsylvania County Planning Commission -Westover District -Pages 89-9U CLOSED SESSION 23. Closed Session: Discussion or consideration of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Authority: $2.2-3711(A)(3) Code of Virginia, 1950, as amended Subject Matter: olde Chatham Elementary School Purpose: Discussion of Proposals 130ARD ANNOUNCEMF,NTS REPORTS FROM LEGAL COUNSEL REPORTS FROM COUNTY AllMINIS"TRATOR ADJOURNMENT TO BE ADDED P7 HEARING OF CITIZENS P8 CONSENT AGENDA P9 January 3, 2012 Re-organizational Meeting Pittsylvania County Board of Supervisors Re-Organizational Meeting January 3, 2012 VIRGINIA: The re-organizational meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, January 3, 2012 in the General District Courtroom of the Edwin R. Shields Courthouse Addition in Chatham, Virginia. William D. Sleeper, County Administrator, called the meeting to order at 7:02 p.m. The following members were present: Tim R. Barber Tunstall District James H. Snead Dan River District Coy E. Harville Westover District Jessie L. Barksdale Banister District Jerry A. Hagerman Callands-Gretna District Brenda H. Bowman Chatham-Blairs District Marshall A. Ecker Staunton River District Mr. William D. Sleeper, County Administrator and Clerk of the Board; Mr. J. Vaden Hunt, County Attorney; and Rebecca Flippen, Deputy Clerk were also present. Mr. Snead led the pledge of allegiance. Approval of Items to be Added/Deleted Upon a motion of Mr. Snead, seconded by Mr. Harville, the board voted unanimously to approve added the following to the agenda: (1) Addition of Out of State Travel -Fred Wydner, Director of Agriculture (2) Deletion of Item 23- Pittsylvania County Service Authority Appointment Re-Organization of the Board: Election of Chairman Mr. Sleeper explained that under the By-laws adopted at the January 2011 Re- organizational Meeting, nominations for chairman and vice-chairman required both a nomination and a second, and that votes will be taken in the order that the nominations were made and it takes four votes, the majority of the board, in order to select a chairman. He further read the responsibilities of the Chairman, as per named in the Board's By-laws. Mr. Sleeper opened the floor for nominations for Chairman of the Board of Supervisors for 2012. No other nominations were made. Mr. Harville made a motion, seconded by Mr. Snead, for nominations to be closed, which was unanimously approved by the Board. Mr. Barber was then elected 2012 Chairman of the Pittsylvania County Board of Supervisors by a b-1 majority vote of the Board, with Mr. Ecker opposing. Mr. Barber then took over chairing the meeting from Mr. Sleeper. Election of Vice-Chairman Mr. Barber then opened the nomination process for Vice-Chairman of the Board for 2012. Mr. Barksdale nominated Mr. James Snead for Vice-Chairman, which was seconded by Mr. Harville. No other nominees were named and Mr. Barber closed nominations. Mr. Snead was then elected Vice-Chairman by a 6-1 majority vote of the Board, with Mr. Ecker opposing. P10 Re-Organization Meeting January 3, 2012 By Laws and Rules of Order Motion was made by Mr. Harville, seconded by Mr. Snead, to re-adopt the existing By- Laws with the typographical corrections that had been made. A substitute motion was made by Mr. Ecker, seconded by Mr. Hagerman, to adopt the existing By-Laws, but to amend Section 1.2 to state, "The Chairman shall rotate on an annual basis, based on seniority. In the event of more than one member the percentage of the vote received by that member in their district election sets their seniority for the Chair. The members shall rotate through the Vice Chairman's seat to the Chair "; and to amend Section 1.3 to state "The Board shall also elect a Vice Chairman, according to seniority, to serve a concurrent term with the Chairman, ending December 31 ". Since a substitute motion was made that would amend the By-Laws, a 10-Day Layover was required. Set Day and Time of Regular Meeting Motion was made by Mr. Snead, seconded by Ms. Bowman, for the Board of Supervisors meetings to continue to be held on the first Monday and third Tuesday each month, at 7:00 pm, in the General District Courtroom, which was unanimously approved by the Board. Appointments of Committees by Chairman: Mr. Barber appointed the following Board members to: Standing Committees (a) Finance/Insurance Committee: Mr. James H. Snead -Chairman, Mr. Coy E. Harville, Mr. Marshall A. Ecker and Mr. Jessie L. Barksdale (b) Personnel Committee: Mr. Coy E. Harville -Chairman, Mr. James H. Snead and Mr. Jerry A. Hagerman (c) Property/Building Committee: Mr. Jessie L. Barksdale -Chairman, Ms. Brenda H. Bowman and Mr. Jerry A. Hagerman Special Committees (d) Solid Waste Committee: Mr. Marshall A. Ecker -Chairman, Mr. James H. Snead and Ms. Brenda H. Bowman (e) Legislative Committee: Ms. Brenda H. Bowman -Chairman, Mr. Jessie L. Barksdale and Mr. Marshall A. Ecker (~ Computer/Radio/Telecommunications Committee: Mr. James H. Snead -Chairman, Mr. Jessie L. Barksdale and Mr. Marshall A. Ecker (g) Board of Supervisors/School Board Liaison Committee: Mr. Jerry A. Hagerman -Chairman, Ms. Brenda H. Bowman and Mr. Jessie L. Barksdale (h) Joint Sites and Facilities Committee: Mr. Marshall A. Ecker - Chairman, Mr. Coy E. Harville and Mr. Jessie L. Barksdale (i) Fire & Rescue Policies and Procedures Committee: Mr. Jerry A. Hagerman -Chairman, Mr. Coy E. Harville and Mr. Marshall A. Ecker (j) Economic Development Committee: Mr. Coy E. Harville - Chairman, Mr. James H. Snead and Mr. Tim R. Barber (k) Agricultural Development Board: Mr. James H. Snead (l) Animal Pound Committee: Ms. Brenda H. Bowman -Chairman, Mr. Coy E. Harville and Mr. Jerry A. Hagerman P11 Re-0rganiz~tion Meeting January 3, 2012 Other Appointments by Mr. Barber were: (1) Tri-Lake AEP Relicensing Committee (TCRC): Marshall A. Ecker and Jerry A. Hagerman (2) Tri-County Lack Advisory Committee (TLAC): Jerry A. Hagerman (3) West Piedmont Planning District Commission: Jessie L. Barksdale, James H. Snead (4) Pittsylvania County Planning Commission: Coy E. Harville (5) Virginia Association of Counties: James H. Snead (6) Pittsylvania County Community Action Agency: Jessie L. Barksdale (7) Metropolitan Planning Organization : James H. Snead, Coy E. Harville, Brenda H. Bowman; Alternate: William D. Sleeper (8) Transportation Safety Commission: Coy E. Harville (9) Sara Title III (LEPC): Jessie L. Barksdale, Brenda H. Bowman (10) Social Services Board: Jessie L. Barksdale (11 } Roanoke River Basin Association: Marshall A. Ecker Motion was made by Mr. Snead, seconded by Ms. Bowman, to appoint Coy Harville to the 4-year term seat on the Danville-Pittsylvania Regional Industrial Facility Authority for a term that begins on January 3, 2012 and ends on January 2, 2016, which was unanimously approved by the Board. Motion was made by Mr. Barksdale, seconded by Mr. Harville, to appoint James Snead to fulfill the remaining 2-year term on the Danville-Pittsylvania Regional Industrial Facility Authority left vacant by Mr. Henry A. Davis, Jr., which begins January 3, 2012 and ends January 2, 2014. Mr. Barksdale's motion was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Harville, to appoint Jessie Barksdale to fulfill the remaining 2-year term as alternate with the Danville-Pittsylvania Regional Industrial Facility Authority left vacant by Fred M. Ingram, which begins January 3, 2012 and ends January 2, 2014. Mr. Snead's motion was unanimously approved by the Board. Aaaroval of Agenda Motion was made by Mr. Ecker, seconded by Ms. Bowman, to approve the agenda with the following additions/deletions: Addition: Out of State Travel- Mr. Fred Wydner, Director of Agricultural Development. Mr. Wydner, and his wife, Amanda, were finalists in the Virginia Farm Bureau's "Excellence in Agriculture" program. The Wydners were invited to attend the annual convention being held in Hawaii from January 8-12, 2012 with all costs for the trip being paid for by the Virginia Farm Bureau. Deletion: Item 23 -Pittsylvania County Service Authority (1) Staunton River District- This term was not up for appointment yet and needed to be removed from the agenda. Mr. Ecker's motion was unanimously approved by the Board. Hearing of Citizens Mr. Christopher West, Aide to the Honorable Robert Hurt, U.S. Congressman for the 5~' Congressional District, brought messages to the Board from Congressman Hurt, congratulating Mr. Barber on being elected as Chairman and Mr. Snead on being elected as Vice-Chairman. He also congratulated all the new members, Mr. Barksdale, Ms. Bowman and Mr. Hagerman and P12 Re-Organization Meeting January 3,2012 welcomed the returning members back. He told them that Congressman Hurt wanted to extend his help and that his office was open to serve them. Ms. Elizabeth Jones, newly elected Chairman of the Pittsylvania County Democratic Committee gave best wishes from the Committee to the Board of Supervisors. Ms. Karen Maute of the Westover District congratulated the new and returning members of the Board. Mr. Willie Fitzgerald, of the Callands-Gretna District and President of the local chapter of the National Association for the Advancement of Colored People (NAACP) also congratulated the new and returning members, and asked the Board to please consider having alternate terms for the Board to avoid the problems that could occur in the potential future event of an entire or majority board seated with all new board members whom as never before served on the Board of Supervisors. This concluded the Hearing of the Citizens. Consent Agenda (a) Minutes: December 5, 2011 Regular Meeting December 14, 2011 Work Session December 20, 2011 Adjourned Meeting (b) Library Budget Amendments -Request by the Board of Trustees for the Library to move $5,986.73 in funds from the Memorial Gift Fund to the Librazy local Budget (c) State Criminal Alien Assistance Program (SCAAP) Administrative Fee Appropriation - Requires a Roll Call Vote -Amendment and appropriation to line item 100-4-033100-5899 of the Jail budget totaling $744.48 for the Sheriff's Office work in securing funds from the Bureau of Justice Assistance through the SCAAP to receive a total of $3,384.00 from the Department of Justice for housing illegal aliens for during FY2012. Mr. Sleeper asked that since minutes from meetings held in 2011 were up for approval, that a boazd member serving in during those meetings makes the motion and second for the Consent Agenda. Motion was then made by Mr. Snead, seconded by Mr. Harville, to approve the Consent Agenda, with the following amendments to the December minutes: P24 Consent Agenda Items 6(d) - 6(g) descriptions have been expanded P28, 3rd Paragraph Board approval of motion added P31; 8~' Paragraph Both words "water" changed to "sewage" P35-36 Consent Agenda Items 6(d) - 6(h) descriptions have been expanded P38 Line 7- the name "Ingram" changed to "Davis" P42 Under New Business; Line 2- the word "water" changed to "sewage" P43 Under Added Items; Line 7- addition of "for travel" in the motion The following Roll Call Vote was recorded: Mr. F.cker-Yes; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes and Mr. Bazber-Yes. Mr. Snead's motion was unanimously approved by the Board. Unfinished Business At the Board of Supervisor Adjourned Meeting held on Tuesday, December 20, 2011, a motion was made by Mr. Snead, seconded by Mr. Pritchett, to appropriate $17,113.00 to the Clerk of Court Budget, which required a 10-day layover that had now been met. The following P13 Re-Organization Meeting January 3, 2Qf2 Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-Yes and Mr. Barber-Yes. Mr. Snead's motion was unanimously approved by the Board. New Business Motion was made by Mr. Ecker, seconded by Mr. Snead, to approve amendments and appropriate an additional $575,250.93 to the WIA budget (Fund 251), with the following as a categorical breakdown: WIA Administrative (251-353160) $ 53,121.30 Lucy P. Sale (251-353661) 2,536.93 WIA Dislocated Worker (251-35385 ]) 145,685.70 WIA Adult (251-353853) (43,346.90) WIA Youth In-School (251-353855) 93,019.34 WIA Youth Out of School (251-353856) 36,268.56 Rapid Response #2 (251-353865) 287,966.00 TOTAL 575,250.93 Mr. Ecker's motion required a 10-Day Layover. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve the reappropriation of funds as follows: $75.00 to Sheriff-Wrecker Service (100-4-031200-3170), $60.00 to Sheriff-Parts (100-4-031200-6030), $44.00 to Sheriff-Training & Education (100-4- 031200-5540), $500.00 to Sheriff-Copier Lease (100-4-031200-6005), $1,400.00 to Sheriff- National Night Out (100-4-031200-5880), $1,208.25 to Sheriff-Canine Program (100-4-031200- 6045), $697.77 to Extradition (100-4-033100-5550), $100.00 to Animal Control-Donations (100- 4-035100-5883), $13,695.25 to WIA-Rent (251-4-353160-5420), $34,007.50 to Industrial Incentives (325-4-081500-8222). Mr. Harville's motion required a 10-Day Layover. Items Added Motion was made by Mr. Snead, seconded by Mr. Barksdale, to approve Out of State Travel for Fred Wydner, Director of Economic Development. Mr. Wydner, and his wife, Amanda, were finalists in the Virginia Farm Bureau's "Excellence in Agriculture" program. The Wydners were invited to attend the annual convention being held in Hawaii from January 8-12, 2012 with all costs for the trip being paid for by the Virginia Farm Bureau. This trip will be at no cost to the County. Mr. Snead's motion was unanimously approved by the Board. Board Announcement Mr. Ecker stated for the record he had nothing personal against Mr. Barber or Mr. Snead but voted against elected them to the Chair and Vice-Chair seats because he was in favor of rotation those seat for fairness. Ms. Bowman thanked everyone in the Chatham-Blairs District that voted for her and putting their faith in her; that her contact information would soon be on the County's website and she planned to setup a user group to send out information to the public and encouraged constituents to email her so that could participate in that user group. She also thanked Mr. Otis Hawker, Assistant County Administrator for Operations and Facilities, for his County tour. Ms. Bowman state she and Mr. Barksdale attended the swearing in ceremony for the School Board and looks forward to working with them. P14 Re-Organization Meeting January 3, 2012 Mr. Hagerman echoed Ms. Bowman's statements and looks forward to input from his constituents and said he would always be responsive to their needs. Mr. Barksdale thanked the voters of the Banister District and looked forward to serving the citizens of Pittsylvania County and accepted the challenges in front of the Board. Mr. Snead thanked the Board for their support in electing him as Vice-Chairman and as always will try to help not only his district, but all the citizens of Pittsylvania County. Mr. Harville congratulated all the board members and looked forward to working with them in 2012. Mr. Barber thanked the Board for their confidence in selecting him as Chairman again. Reports from County Administrator Mr. Sleeper reminded the new members about their upcoming trip January 6-8, 2012 in Richmond for the New Supervisors Training Forum. Mr. Sleeper stated there would be a Properties/Building Committee meeting on Tuesday, January 17, 2012 at SPM in the Captain Martin Building. Mr. Sleeper confirmed with the Board on holding the Employee Service Awards ceremony in the General District Courtroom in Chatham on Thursday, January 26, 2012 at 3PM. Adjournment Mr. Snead made a motion, seconded by Mr. Ecker to adjourn. Motion carried unanimously. The meeting adjourned at 7:40pm. Tim R. Barber, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors P15 Adjourned Meeting January 17, 2012 Pittsylvania County Board of Supervisors Tuesday, January 17, 2012 Adjourned Meeting VIRGINIA: The Adjourned Meeting of the Pittsylvania County Board of Supervisors was held on Tuesday, January 17, 2012 in the General District Courtroom of the Edwin R. Shields Addition in Chatham, Virginia. Tim R. Barber, Chairman, called the meeting to order at 7:03 p.m. The following members were present: Tim Barber James Snead Jessie L. Barksdale Coy E. Harville Jerry A. Hagerman Marshall Ecker Brenda 1I. Bowman Tunstall District Dan River District Banister District Westover District Callands-Gretna District Staunton River District Chatham-Blairs District Mr. William D. Sleeper, County Administrator, Mr. Greg L. Sides, Assistant County Administrator, Mr. J. Vaden Hunt, County Attorney, Mr. Odie L. Shelton, Jr. Director of Code Compliance, and Ms. Rebecca Flippen, Deputy Clerk to the Board, were also present. Mr. Harville led the Pledge of Allegiance. Approval of Agenda Motion was made by Mr. Ecker, seconded by Mr. Snead, to approve the agenda with the following additions and deletions/removals: Additions: (a) Resolution 2012-01-01 -Devolution (b) Appointment to the Tri-County bake Administrative Commission (TLAC) (c) Buffer Zone Protection Grant -Sheriff's Office Sole Source Purchase (d) Approval of December 2011 Bill List Deletions: (1) Strike Closed Session from Agenda (2) Strike from Agenda -Item 14-Proposed Amendments to Pittsylvania County Code, Chapter 22; Removal from Consent Agenda: (1) Item 5(a) -Out of State Travel, from Consent Agenda to be voted on separately from other Consent Agenda items. Mr. Ecker's motion was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Harville, to approve Out of State Travel for Ken Bowman, Director of Economic Development. Ms. Bowman declared since this could be considered a conflict of interest as Mr. Bowman is her husband, she would be abstaining from voting. Mr. Snead's motion was carried by a 6 vote majority of the Board, with Ms. Bowman abstaining. Hearing of the Citizens Mr. James Dehart, of the Westover District, stated he did not approve of the Board Packet only being available online at the County's public libraries. This concluded the Hearing of the Citizens P16 Adjourned Meeting January 17, 20 ] 2 Consent Agenda (b) Project Lifesaver-November 2011 and December 2011 donations that required an amendment to the Sheriff's Office Budget and appropriation of $272.04 to line item 100-4- 031200-5882. This item required a Roll Call Vote. (c} Regional One -February -Approval of $5,833.33 for February 2012 payment to Regional One. (d) Commonwealth Attorney State Restricted Seizure Funds -Amendment to the Commonwealth Attorney's Restricted Seizure Fund budget and appropriate $10,000 to line item 243-4-022200-6010. This item required a Rol! Call Vote. (e) Department of Motor Vehicles (DMV) Occupant Protection Grant -Amendment and appropriation of an additional $400 to the DMV Occupant Protection Grant (250-4-031715). This item required a Roll Call Vote. (f) Central Virginia Highway Traffic Safety Board (CVTS) Grant -Amendment and appropriation of an additional $2,372.62 to the CVTS Grant (250-4-03 1 7 1 4. This item required a Roll Call Vote. (g} December 2011 Bill List Motion was made by Mr. Ecker, seconded by Ms. Bowman, to approve the Consent Agenda with Item (a)-Out of State Travel removed for a separate vote and the addition of Item (g)-December 2011 Bill List, which was unanimously approved by the Board. Mr. Kenneth Martin, Residency Maintenance Manager for the Halifax Residency of the Virginia Department of Transportation (VDOT), which includes Pittsylvania County, stated he wanted to let the 2012 Board of Supervisors know that he was available to help them. in any way he could and distributed his contact information to the Board. Public Hearings Rezoning Cases Case 1: Gertrude H. Fifer -Staunton River District; R-12-001 Mr. Barber opened the public hearing at 7:lOpm. Mr. Odie H. Shelton, Jr., Director of Code Compliance, explained that Gertrude Fifer had petitioned to rezone 3.42 acres, located on State Road 638/Harbor Drive, in the Staunton River Election District from R-1, Residential Suburban Subdivision District to A-1, Agricultural District (for placement of a second dwelling, a single-wide mobile home, for her daughter's residence). The Planning Commission, with no opposition, recommended granting the petitioner's request. Ms. Fifer and Ms. Cynthia Sigler were present to represent the petition. No one signed up to speak and Mr. Barber closed the public hearing at 7:11pm. Motion was made by Mr. Ecker, seconded by Mr. Hagerman, to approve rezoning Case R-12-001 from R-1 to A-1. The following Roll Call Vote was recorded: Ms. Bowman-Yes; Mr. Ecker-Yes; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; and Mr. Barber-Yes. Mr. Ecker's motion was unanimously approved by the Board. Case 2: Hosea Stone, Jr. -Chatham-Blairs District; R-12-002 Mr. Barber opened the public hearing at 7:12pm. Mr. Shelton explained that Hosea Stone, Jr. had petitioned to rezone 0.46 acre, located on State Road 926/Macy Herndon Lane, in the Chatham-Blairs Election District from R-1, Residential Suburban Subdivision District to RC- l, Residential Combined Subdivision District (to combine his three (3) parcels of land and re- subdivide to create two (2) parcels). The Planning Commission, with no opposition, recommended granting the petitioner's request. Hosea Stone was present to represent the petition. No one signed up to speak and Mr. Barber closed the public hearing at 7:13pm. Motion was made by Ms. Bowman, seconded by Mr. Barksdale to approve rezoning Case R-12- 002 from R-1 to RC-1. The following Roll Call Vote was recorded: Mr. Ecker-Yes; Mr. P17 Adjourned Meeting January 17, 2012 Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; and Mr. Barber-Yes. Ms. Bowman's motion was unanimously approved by the Board. Case 3: Joan M. Hupp Scruggs -Westover District; R-12-003 Mr. Barber opened the public hearing at 7:13pm. Mr. Shelton explained that Joan Scruggs has petitioned to rezone 2.06 acres, located on Coleman Estates Road in the Westover Election District from R-1, Residential Suburban Subdivision to RC-1, Residential Combined Subdivision District (for placement of a second dwelling, asingle-wide mobile home, to be used for her granddaughter's residence). The Planning Commission, with no opposition, recommended granting the petitioner's request. Ms. Stacy Drye was present to represent the petition. No one signed up to speak and Mr. Barber closed the public hearing at 7:14pm. Motion was made by Mr. Harville, seconded by Mr. Snead, to grant the petitioner's request to rezone Case R-12-003 from R-1 to RC-1. The following Roll Call Vote was recorded: Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-Yes; and Mr. Barber-Yes. Mr. Harville's motion was unanimously approved by the Board. Case 4: Bray's Retail & Rental, Inc. -Dan River District; R-12-004 Mr. Barber opened the public hearing at 7:15pm. Mr. Shelton explained that Bray's Retail & Rental, Inc. had petitioned to rezone a total of 7.23 acres, more or less, six parcels, located on State Road 1076/Clark Street, on U.S. Highway 58/South Boston Highway & State Road 734/Clark's Mill Road in the Dan River Election District from R-1, Residential Suburban Subdivision District to B-2, Business District, General to B-2, Business District General (to allow for future business development). The Planning Commission, with no opposition, recommended granting the petitioner's request. Mr. Bray was present to represent the petition. No one signed up to speak and Mr. Barber closed the hearing at 7:16pm. Motion was made by Mr. Snead, seconded by Mr. Barksdale, to approve the petitioner's request to rezone Case R-12- 004 from R-1 to B-2. The following Roll Call Vote was recorded: Mr. Snead-Yes; Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-Yes; Mr. Harville,Yes; and Mr. Barber-Yes. Mr. Snead's motion was unanimously approved by the Board. This concluded the rezoning cases. Unfinished Business At the January 3, 2012 Board of Supervisors' Re-organizational Meeting, a motion was made by Mr. Harville, seconded by Mr. Snead, to re-adopt the existing By-Laws. A substitute motion was made by Mr. Ecker, seconded by Mr. Hagerman, to adopt the existing By-Laws, but to amend Section 1.2 to state, "The Chairmanship shall rotate on an annual basis, based on seniority. In the event of more than one member the percentage of the votes received by that member in their district election sets their seniority for the Chair. The members shall rotate through the Vice Chairmanship seat to the Chair "; and to amend Section 1.3 to state "The Board shall also elect a Vice Chairman, accordingly to seniority, to serve a concurrent term with the Chairman, ending December 31 ". Since a substitute motion was made, a 10-Day Layover was required, which had now been met. Ms. Bowman and Mr. Barksdale stated they supported rotation of the Chairmanship, but did not feel that seniority should be a mitigating factor in the rotation. The Board then voted and Mr. Ecker's motion failed by a 2-5 vote of the Board, with Mr. Ecker and Mr. Hagerman supporting the substitute motion while Ms. Bowman, Mr. Barksdale, Mr. Snead, Mr. Harville and Mr. Barber were in opposition. Mr. Harville's motion was then voted on, which passed by a 5-2 majority vote, with Mr. Ecker and Mr. Hagerman in opposition. P18 Adjourned Meeting January 17, 2012 At the January 3, 2012 Board of Supervisors' Re-organizational Meeting, a motion was made by Mr. Ecker, seconded by Mr. Snead, to approve amendments and appropriation of an additional $575,250.93 to the Workforce Investment Act (WIA) budget (Fund 281), with the following categorical breakdown: WIA Administrative (251-353160) $53,121.30 Lucy P. Sale (251-353661) 2,536.93 WIA Dislocated Worker (251-353851) 145,685.70 WIA Adult (2510353853) 43,346.90 WIA Youth In-School (2510353855} 93,0] 9.34 WIA Youth Out of School (251-353856) 36,268.56 Rapid Response #2 (251-353865) 287,966.00 TOTAL $575,250.93 This motion required a 10-Day Layover that had now been met. The following Roll Call Vote was recorded: Mr. Barksdale-Yes; Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-Yes; Mr. Harville-Yes; Mr. Snead-Yes; and Mr. Barber-Yes. Mr. Ecker's motion was unanimously approved by the Board. At the January 3, 2012 Board of Supervisors' Re-organizational Meeting, a motion was made by Mr. Harville, seconded by Mr. Snead, to approve a reappropriation of funds as follows: $75.00 to Sheriff-Wrecker Service (100-40031200-3170), $60.00 to Sheriff-Parts (100-4- 031200-6030), $44.00 to Sheriff-Training & Education (100-4-031200-5540), $500.00 to Sheriff-Copier Lease (100-4-031200-6005), $1,400.00 to Sheriff-National Night Out (100-4- 031200-5880), $1,208.25 to Sheriff-Canine Program )100-4-031200-6045), $b97.77 to Extradition (100-4-033100-5550), $100.00 to Animal Control -Donations (100-4-035100- 5883), $13,695.25 to WIA-Rent (251-4-353160-5420), $34,007.50 to Industrial Incentives (325- 4-081500-8222). This motion required a 10-Day Layover that had now been met and the following Roll Call Vote was recorded: Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-Yes; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; and Mr. Barber-Yes. Mr. Harville's motion was unanimously approved by the Board. New Business Motion came from the Finance Committee to approve the budget calendar for FY2012/2013 as presented with the ability to eliminate any meeting the committee felt was not necessary, which was unanimously approved by the Board. Motion came from the Property & Building Committee to transfer $200,000 from the regional jail account to the Captain Martin Building account and for staff to begin required action to move, which was unanimously approved by the Board. Motion came from the Property & Building Committee to continue to patch the Blairs Community Center roof as needed, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Snead, to approve the proposed Spay/Neuter Policy Program Guidelines from Pittsylvania County as presented, which was unanimously approved by the Board. Mr. Ecker submitted for Public Record that he would like to continue reduction of his annual salary compensation that he receives as a member of the Pittsylvania County Board of Supervisors by ] 0% for the years 2012, 2013, 2014 and 2015, which is in compliance with the P19 Adjourned Meeting January 17, 2012 letter written by John P. Light on January 8, 2008, when Mr. Light then represented the Board of Supervisors as their legal counsel. Mr. William D. Sleeper Adminlsirator Pittsylvania County P.D. Box 426 Chatham, Virginia 24531 January 17, 2012 Dear Mr. Sleeper, 1 would Ilke to continue reduction of my anhusl salary compensation that 1 receive as a member of the Board of Supervisors by 10% for years 2012, 2013,2014 and 2015.This Is In compliance of letter written on January 8,2008 by County attorney Mr. John Light (copy encfosedj stating there is rso Itmitation to my request for salary reduction. This letter delivered to Mr. William D. Sleeper on Jan.i7, 2012. Sincerely, / ~ / ~ Marshall A. Ecker Pit.YSylvania County Board of Supervisors Staunton River Olstrict rtot4All~ W. mn.llwwm 1.rA1lK T_ ~Vn.l1Al,R ttOaBRT L. ~tOartliON. JR. t.C. Jo1aV P. L76trr ply ~ r~xrw, bIORfItOT[. 1101-1"I' /U~rD MO1lHAll ATI'ORN6Y8 A'r LAW 377 PA't'70N S17t88'r OANV^--- *'-_ wI1tC31NU 24541-t27'.l 78L8PLtONa (4]4) 711-M14 PAX (4!4) T11-6110 *1 Vtn r w~w.~-. tows. January 8, 2008 MaraAall SoJcer 7836 ~eerview Road Orotr1a, Virginia 24557 Dear Mr. ticker: Re: Voluntary Reduction in Swlary CHAR186 A. YOaaAV (1~a9-706) Pursuant to Your request made January 7, 2008 at the Annual Meeting of the Board of Supervisors of Pittryivania County, Virginia, I have roviewed the Code of Virginia to determine whether or not there aro any limitations contatnad therein negardins your naquaat. It is my undcratanding that you aro simply requesting a voluntary roduation of the salary paid to you as a member of the Board of Supervisors of P[ttaylvania County, Virginia, and are not proposing that the annual oompvnsation to be allowed to eaeh msmber of the Soard of Supervisors be reduc-.ed_ The Code of Virginia in Title t 3.2, Chapter 14, grtiCle 1 .1, Section 1 S_2-1414.1 et seq_ provides for specific limitations on the comporlsation to be paid to members of the Board of Supervisors of the County in the Commonwealth of Virginia, and provide expllolt proceduros and limitations on the timing of any such board action. However, I oar find no limitation on your wthority to individually decline to accept I OY. of the annual compensation that has pnavioualy been allowed each member of she Board of Superviaots of Pittsylvania County. Furthermore, I do not believe that your requsai requires board action, but can simply be accomplished by delivering a written request to voluntarily n>tdtace your annual cotttp~enaatlon by such amount as you deem f'it to the County AdministraLOr of Pittsylvania County. Should you have any questions rogarding flea content of this Very truly yours, JPLJbw oc: William D. Sleeper please feel froe to contact me_ Motion was made by Mr. Harville, seconded by Ms. Bowman, for the County Administrator to notify the Pittsylvania County Court Services that Pittsylvania County will certainly consider their request of $6,094.81 as the County's share for participating in its diversion program during the County's 2012/13 budget process and request clarification from the Court Services that if any of the three localities that participate; Halifax County, the City of Danville, and Pittsylvania County, do not participate with their additional local share, would the entire $27,000 of total participation cost be reduced from the budget; and that this matter be P20 Adjourned Meeting January 17, 2012 referred to the Finance Committee. Mr. Harville's motion was unanimously approved by the Board. Mr. Greg Sides, Assistant County Administrator for Planning and Development, gave a presentation on the West Piedmont Economic Development District's Year 2012/13 Regional Comprehensive Economic Development Strategy (CEDS). Mr. Sides' presentation included revisions to the information the Board had received in their packets. Mr. Ecker asked that another revision be made to include the Town of Hurt be included with Pittsylvania County and the Towns of Chatham and Gretna under that in the Water System Improvement Plan. Motion was made by Mr. Harville, seconded by Ms. Bowman, to approve the CEDS work plan with Mr. Side's revisions and Mr. Ecker's request concerning the Town of Hurt being included in the Water System Improvement Plan, which was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Hagerman, to hold a public hearing on Monday, February 6, 2012 for citizen input for "No Thru Trucks" on State Road 633/640 to State Road 688 in Pittsylvania County, Virginia, which was unanimously approved by the Board. Motion was made by Mr. Ecker, seconded by Mr. Hagerman, to hold a public hearing on Monday, February 6, 2012 for citizen input for "No Thru Trucks" from U.S. 29 to State Road 931 and State Route 654 to State Road 634 in Pittsylvania County, Virginia, which was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Ms. Bowman, to { 1) accept Option I with capitalized interest of the proposal of Banc of America Public Capital Corporation, on behalf of Bank of America, tv finance new E-911 equipment and towers for Pittsylvania County and (2) authorize the County Administrator to (a) execute the propel of evidence such acceptance and (b) take all necessary action in connection therewith. Mr. Harville's motion was unanimously approved by the Board. Motion was made by Mr. Snead, seconded by Mr. Harviile, to approve a contract amendment with Federal Engineering, Inc. with a ceiling cost of $120,000; and that a $28,518 Interoperability Grant secured by the County goes towards helping pay for the cost of this contract amendment. Mr. Snead's motion was unanimously approved by the Board. Motion was made by Mr. Harville, seconded by Mr. Snead, to authorize the County Administrator to work with the City of Danville in dialogue and discussion with the County and City on the feasibility of a joint E9 ] 1 system and bring any findings/suggestions from these joint discussions back to the Telecommunications Committee. Mr. Ecker asked Mr. Harville to include in his motion that the E911 center would remain located in the County. Mr. Harville amended his motion to include Mr. Ecker's request, which was seconded by Mr. Snead. The Board unanimously approved Mr. Harville's motion. Items Added Upon a motion by Mr. Harville, seconded by Mr. Ecker, the Board unanimously approved Resolution 2012-01-01, concerning the issue of devolution and that this resolution be forwarded to Pittsylvania County's elected officials in the Virginia General Assembly. P21 Adjourned Meeting January 17, 2012 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2012-01-01 VIRGINIA: At the adjourned meeting of the Pittsylvania Coumy Board of Supervisors held on Tuesday, January 17, 2012 in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following resolution was presented and adopted: Wberens, the Pittsylvania County Board of Supervisors joins the efforts of the Commonwealth's counties in encouraging the 2012 General Assembly to continue the state and local partnership funding of core government services; and Whereas, the transfer of funding for core services from the state to local governments is devolution. Devolution will continue to be used throughout the 2012 General Assembly, as we work to develop a state budget for Fiscal Years 2011- 2013;and Whereas, the Pittsylvania County Board of Supervisors understands that prtsgnm devolution is the shifting of state responsibilities to local governments. Counties have experienced first-hand the shift in funding for local programs and are already saddled with additional responsibilities in providing services for fosttr care children, police, line of duty costs and maintenance of bcal libraries; and Wberres, core local services that include public education, police, fire and social services are services that must be funded through the state and local partnership. "Passing the buck" to localities only perpetuates increases in real estate and business taxes; and Wbereru, for several years, localities have been rruutdated to give back to the Commonwealth funding that was designed to support these local programs. Last yeu, local governments had to write checks or receive reducod reimbursements from the state for S60 million under a program known as "Aid to Localities." Governor McDonnell has chosen to "chip" away at this annwl local contribution by reducing the yearly required payment by SIO million in his introduced budget; and Whereas, the state originally introduced this reduction to balance the state budget, but as the economy improves and state revenue increases, our state leaders must promptly eliminate this funding rodtrction and stratain local services; now THEREFORE BE IT RESOLVED, that the Pittsylvania County Board of Supervisors supports localities and the Commonwealth continue their partnership and provide corn government functions without shifting or shirking responsibilitios; end BE IT FURTHER RESOLVED by the Pittsylvaoia County Board of Supervisors, in order to address the mandates and financial responsibilities which have been sMfted b localities, that our stela elated officials act to ensure localities have the tools to fund our core services, provide county governments with the egwl taxing authority of cities and towns and immodiatety begin a process to initiate tax reform for state end local government. Given under my hand this the 17"' day of January, 2012. ./~ ~ ~ ~~ -~ , Tim R. Barber, Chaim~an Pittsylvania ounty Board of Supervisors i~ William D. Sleeper, C t1t Pittsylvania County Board of Supervisors Upon a motion by Mr. Hagerman, seconded by Mr. Ecker, the Board unanimously approved the re-appointment of Mr. John Linley as the citizen appointee to the Tri-County Lake Administrative Commission (TLAC). P22 Adjourned Meeting January 17, 2012 Motion was made by Mr. Barksdale, seconded by Mr. Harville, to award a contract to Campbell/Harris Security Equipment, at a cost of $17,278.73, as a sole source purchase for the Model CT-30 Contraband Team Inspection Kit and appropriate $10,000 to Fund 241. The following Roll Call Vote was recorded: Mr. Hagerman-Yes; Ms. Bowman-Yes; Mr. Ecker-Yes; Mr. Harville-Yes; Mr. Snead-Yes; Mr. Barksdale-Yes; and Mr. Barber-Yes. Mr. Bazkdale's motion was unanimously approved by the Board. Board Anaointments Upon a motion by Ms. Bowman, seconded by Mr. Ecker, the Board unanimously approved appointing Ms. Cindy Prytle to serve in the unfulfilled seat of the Chatham-Blairs representative on the Recreation Advisory Board left vacant after the death of Ms. Jean Shields. Ms. Prytle's term will be from January 17, 2012 until June 30, 2012. Reports from Board Members Ms. Bowman reminded the Boazd of the upcoming Virginia Association of Counties (VACO) Legislative Day Forum on February 9, 2012 and gave a brief General Assembly update. Reports from County Administrator The following Board members acknowledged they wanted to attend Legislative Day: Mr. Ecker, Ms. Bowman, Mr. Snead, Mr. Harville and Mr. Barber. They further stated that whether they spent the night in Richmond or not was contingent on whether the County's local representatives would be able to attend dinner with them or not. Adjournment Motion was made by Mr. Harville, seconded by Mr. Ecker, to adjourn, which was unanimously approved by the Board. The meeting adjourned at 8:56pm. P23 PiTTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 2-06-12 ITEM NUMBER: 5(c) Consent Agenda: Citizen Emergency Response Team(CERT) Grant Appropriation SUBJECT/PROPOSAL/REQUEST: CERT Grant Appropriation STAFF CONTACT(S): ACTION: CONSENT AGENDA: ACTION: Yes ATTACHMENTS: No REVIEWED BY: INFORMATION: INFORMATION: BACKGROUND: DISCUSSION: Pittsylvania County has been awarded and has received $41,000 for the Community Emergency Response Team Grant (CERT). Therefore, these funds need to be appropriated by the Board of Supervisors so that they may be utilized for expenditure. This grant does not require a local match. RECOMMENDATION: Staff recommends that $41,000 be appropriated to the 2011-2012 budget to the CERT Grant (250-032424}. This appropriation requires a Rol! Call Vote. P24 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 2-06-12 ITEM NUMBER: 5(d) Consent Agenda: Governor's Opportunity Fund (GOF) Appropriation-Requires a Roll Call Vote SUBJECT/PROPOSAL/REpUEST: Appropriation of Governor's Opportunity Funds STAFF CONTACT(S): ACTION: CONSENT AGENDA: ACTION: Yes ATTACHMENTS: No REVIEWED BY: INFORMATION: INFORMATION: BACKGROUND: DISCUSSION: Pittsylvania County has been awarded $50,000 from the Governor's Opportunity Fund. The Board needs to appropriate these funds so that they may be properly disbursed. RECOMMENDATION: Staff recommends that $50,000 be appropriated to 330-4-081500-8223 from the Governor's Opportunity Funds received (330-3-000000-190212). THIS AMENDMENT REQUIRES A ROLL CALL VOTE. P25 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA 'TITLE: AGENDA DATE: ITEM NUMBER: 5(t) Proclamation -Black History Month Proclamation for Black History Month Mr. 02-06-2012 ACTION: CONSENT AGENDA: ACTION: Yes ATTACHMENTS: Yes INFORMATION: INFORMATION: BACKGROUND: Each year the Pittsylvania County Board of Supervisors passes a Proclamation in the month of February to commemorate Black History Month. Attached hereto, you will find a Proclamation for Black History Month for February 2012 The staff recommends to the Board of Supervisors to approve the attached Proclamation for Black History Month and authorize the County Administrator to notify the necessary news media. P26 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMATION BLACK HISTOR Y MONTH February 2012 Whereas, February 2012 marks the ninety-seventh Black History Celebration to be held to encourage understanding and appreciation among all Americans of the significant role that Black Americans have played in so many areas of America's success story; and Whereas, the theme of this year's celebration is "Black Women in American History and Culture"; and Whereas, African American women have played a vital role in the history of our nation and our Army since the American Revolution. Their patriotism, loyalty and leadership, coupled with their hard work, intellect and artistic expression, have enriched the African American community and the nation as a whole; and Whereas, all citizens should join in gratefully honoring and recognizing the exceptional outstanding contributions which African Americans, both women and men, have made to their fellow citizens and to all humanity; and Whereas, Black Americans have made substantial contributions to human progress in the fields of Economics, Medicine, Law, Science, Technology, Literature, and in many other phases of human endeavors, and continue to have an important impact in the information age and in every frontier of science and art; and Whereas, the Board of Supervisors encourages all Citizens of Pittsylvania County to better understand the role of Black Citizens in the formation and growth of our Nation, State and Country; then Now, Therefore, the Pittsylvania County Board of Supervisors do hereby proclaim that the month of February as Black History Month in Pittsylvania County and that the Pittsylvania County Schools, County Libraries and all of the Citizens of Pittsylvania County are encouraged to make a special effort to research and acknowledge the contributions of Black Men and Women to the advancement of all races, to the end that we may be more aware of the unity of humankind and our basic principles of freedom, equality, and democracy. Given under my hand this 6th day of February 2012. Tim R. Barber, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors P27 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Proclamation for Earth Day Proclamation STAFF CONTACT(S): Mr 02-06-2012 ACTION: CONSENT AGENDA: ACTION: Yes ATTACHMENTS: Yes 5(g) INFORMATION: INFORMATION: BACKGROUND: The Honorable Brenda Bowman, Supervisors for the Chatham-Blairs District, has asked the Board to consider approving a proclamation designating April 21, 2012 as Earth Day in Pittsylvania County. A citizen, along with boy & cub scouts, plans to speak to the Board under Hearing of the Citizens concerning local plans for Earth Day, April 21, 2012. Attached hereto, you will find a Proclamation for Earth Day, April 21, 2012. RECOMMENDATION: The staff recommends to the Board of Supervisors to approve the attached Proclamation for Earth Day, April 21, 2012 and authorize the County Administrator to notify the necessary news media. P28 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMATION EARTH DAY Apri121, 2012 Whereas, the global community now faces extraordinary challenges such as environmental degradation, climate change, food and water shortages, and global health issues; and Whereas, all people, regardless of race, gender, income, or geography, have a moral right to a healthy, sustainable environment; and Whereas, it is understood that the citizens of the global community must step forward and take action to create positive environmental change to combat the aforementioned global challenges; and Whereas, a sustainable environment can be achieved on the individual level through educational efforts, public policy, and consumer activism campaigns; and Whereas, it is necessary to broaden and diversify the environmental movement to achieve maximum success; then Now, Therefore, the Pittsylvania County Board of Supervisors do hereby proclaim April 21, 2012 as Earth Day throughout Pittsylvania County and pledge their support of environmental initiatives in Pittsylvania County and to encourage others to undertake similar actions. Given under my hand this 6th day of February 2012. Tim R. Barber, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors P29 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Resolution 2012-02-01 -Trey Edmunds SUBJECT/PROPOSAL./REQUEST: Resolution for Recognition 02-06-2012 ACTION: CONSENT AGENDA: ACTION: Yes Ycs Mr. 5(h) INFORMATION: INFORMATION: BACKGROUND: Dan River High School varsity athlete Trey Edmunds has been named to PARADE Magazine's 2012 All- American High School Football Team, which has been the nation's premier All-American high school football team for the last 41 years. DISCUSSION: Attached hereto, you will find Resolution 2012-02-01, honoring this outstanding young man and his accomplishments. The staff recommends to the Board of Supervisors to approve the attached Resolution and present it to Trey Edmunds at the Board of Supervisors meeting on February 6, 2012. P30 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2012-02-01 VIRGINIA: At the adjourned meeting of the Pittsylvania County Board of Supervisors held on Monday, February 6, 20]2 in the General District Courtroom of the Edwin R. Shields Courthouse Addition, the following resolution was presented and adopted: Whereas, Dan River High School varsity athlete Trey Edmunds has been named to PARADE Magazine's 2012 All- American High School Football Team, which has been the nation's premier All-American high school football team for the last 41 years. In partnership with Sporting News, PARADE editors chose 53 seniors throughout the nation, whose on-the-field performances represent the best of high school football, and Trey Edmunds was one of only 3 athletics from Virginia selected for this prestigious award; and Whereas, Trey Edmunds is the first player in Dan River High School's history to be named to PARADE Magazine's All-American High School Football Team; and Whereas, for a career at Dan River High School, Trey Edmunds accounted for 5642 all-purpose yards, including 4,516 rushing yards, 65 total touchdowns, while defensively totaling 371 tackles and l 1 interceptions-an impressive record in itself and remarkable in that Trey has only played running back these last two years and has just turned 17 years old; and Whereas, along with the honor of being named a PARADE All-American, Trey Edmunds was named the Single A Office Player of the Year by VirginiaPreps.com and named to the VirginiaPreps.com Single AAll-State football team as a running back; and Whereas, Trey Edmunds was also named 2011 Danville Register & Bee All-Metro Football Offensive Player of the Year, was named first-team offense running back for both Region B and the Dogwood District, and was first-team linebacker on defense in the Dogwood District; and Whereas, a native of Ringgold, Virginia, Trey Edmunds is the son of Ferrell and Felicia Edmunds and is a member of the junior usher board at his church where he also sings in the choir and is a member of the church step team; and Whereas, Trey Edmunds is described by local coaches and peers as displaying excellent character, integrity, and a positive attitude on and off the field, making him not only a special athlete and outstanding student but an extraordinary young man; then THEREFORE BE IT RESOLVED, that the Pittsylvania County Board of Supervisors, on the behalf of all of the citizens of Pittsylvania County, express their sincere appreciation, admiration, and congratulations to Trey Edmonds on being named to PARADE Magazine's 2012 All-American High School Football Team, bringing not only honor to himself and his family, but to Dan River High School and all of the citizens of Pittsylvania County and furthermore, the Board of Supervisors congratulates Trey Edmunds on signing his National Letter of [ntent to continue his football career at Virginia Tech, wishing him the best in his future academic endeavors and athletic career; and BE IT FURTHER RESOLVED that a copy of this resolution be presented by the Board of Supervisors to Trey Edmunds. Given under my hand this the 6~' day of February, 2012 Tim R. Barber, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors P31 PUBLIC HEARING P32 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Public Hearing State Route 640 and State Route 633 02-06-2012 Wards Road, Stone Mill Road, and Clover Road ACTION: SUBJ EC"T/PROPOSAL/REQUEST: No through Truck Restrictions on the Roads in ACTION: Pittsylvania County Yes ATTACHMENTS: Yes STAFF CONTACT(S): Mr. Sleeper REVIEWED BY: INFORMATION: INFORMATION: BACKGROUND: The Honorable Marshall Ecker requested the Board of Supervisors to set a public hearing to establish an additional no through truck restriction on roads in the Staunton River District to stop Semi-tractor trailer trucks hauling mostly wood chips from cutting through to the Power Plant on narrow county roads. DISCUSSION: The intent is to stop trucks crossing the Manson bridge into Pittsylvania County and using either Wards Road, Clover Road, or Stone Mill Road to get to Grit Road. The County Roads are very narrow and curvy. This creates a danger to passenger vehicles and school buses using these roads. "fhe county already received restrictions on Blue Ridge Drive, however trucks are now looking for other routes on narrow county roads. A reasonable alternate is to follow Gladys Road, State Road 699, in Campbell County to U.S. Route 29 Wards road, then south to Route 712 exit at A1taVista, then on to Business 29 Main Street, to Pittsylvania Avenue, then East onto State Route 668 Grit Road. RECOMMENDATION: Staff request the Board hold the required public hearing and authorize the County Administrator to send a resolution, which shall be Resolution #2012-02-02, with the required maps to VDOT requesting the restrictions. P33 PUBLIC HEARING NOTICE The Board of Supervisors of Pittsylvania County will hold a public hearing on Monday, February 6, 2012 at 7:00 p. m. in the General District Courtroom located on the second floor of the Edwin R. Shields Courthouse Addition in Chatham, Virginia to receive citizen input on the proposal to restrict truck traffic on part of State Route 640, (Wazds Road) to State Route 633 (Clover Road) and State Route 633 (Stone Road) until reaching State Route 688 (Grit Road), in the Staunton River District. A reasonable alternative route for this would be the following. State Route 699 (Gladys Road) to RT 29 (Wards Road); 29 South to the northern most exit for Altavista, RT 712 then South on BUS 29 come back through town to Pittsylvania Avenue and turn east onto RT 668 (Grit Road). The proposed restriction will be on any truck, truck and trailer, or semi-trailer combination except a pickup truck or panel truck. A full text of the proposed changes is available in the office of the County Administrator, 21 North Main Street, Chatham, Virginia, Monday through Friday from 8:00 a. m. to 5:00 p. m. for public viewing. P34 Star-Tribune News February 1, 2012 ' PUBLIC HEARING NOTICE The Board of Supervises of Pidsylvania County will hold a public hearing on Monday, February 6, 2012 at 7:00 p. m. in the General District Courtroom located on the second floor of the Edwin R. Shields CourthouseAddition in Chatham, Virgin- ia ko receive ciSizen input on the proposal to restrict truck Uaf- fic on part of State Route 640, (Wards Road) to State Route 633 (Clover Road) and State Route 633 (Stone Road) until reaching Slate Route 688 (Grit Road), in the Staunton giver District A reasonable alternative route for this would be the fdlowing State Route 699 (Gladys Road) to RT 29 (Wards Road); 29 South to the nethem moss axis for Altavista, RT 712 then South on BUS 29 come back through town to Pittsyl- vania Avenue and turn east onto RT 668 (Grit Road). The proposed restriction will be on any truck, thick and trailer, or semi-trailer combination except a pickup truck or panel truck. A full text of the proposed changes is available in the offrce of -he County Administrate, 21 North Main Street, Chatham, Vrginia, Monday through Friday from 8:00 a. m. to 5:00 p. m. for public viewing. P35 Star-Tribune News January 25, 2012 PUBLIC HEARING NOTICE The Board of Supervisors of Pittsylvania County will hold a wblic hearing on Monday, February 6, 2012 at 7:00 p. m. in the General Distract Courtroom located on the second floor of the Edwin R. Shields Courthouse Addition in Chatham, Virgin- ia to receive dtizen input on the proposal to restrict Uudc traf- fic on part of State Route 640, (Wards Road) to State Route 633 (Cover Road) and State Route 633 (Stone Road) until reaching State Route 688 (Grit Road), in the Staunton River Distrad. A reasonable altemaUve route for this would be the idlovaing. Stale Route 699 (Gladys Road) to RT 29 (Wards Road); 29 South to the northern most exit for Altavista, RT 112 then South on BU5 29 come bads through town to Pittsyl- vania Avenue and hrm east onto RT 668 (Grit Road). The Proposed restriction will be on arty truck, truck and trailer, or semi-trailer combination except a prcltup truck or A full text of the proposed changes is available in the office the County Administrate, 21 North Main Street, Chatham, r~nia, Monday Through Friday from 8:00 a. m. to 5:00 p. m. r public viewing. P36 ++ y/ 2 a ~ " f h A,,7~ •~ i 1 - ~~ ~ ~~i i i ~ i .~ ,, ~ / f ,J • .PI'' vnryM ~ ^1 ~ _ w ~' i / F\~ % . 1 .~ `~. ,~ i :In .il ~, f C 1 •. ~~ ~ ///J\ ~ r _ ~/ !L ~ fll~ f ti ~' [ r i !lli,~~~~ R~ } yl I y J ~ s' n. ~ I ~ i' ~i 1t I !` - av !- f `~ z E _~ ~ v P37 ~ .. PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Public Hearing State Route 931, Sycamore Creek 02-06-2012 Road and State Route 654, Dalton's Farm Lane to State Route 634, Blue Ridge Drive ACTION: SU BJECT/PROPOSA L/REOU EST: ACTION: No through Truck Restrictions on the Roads in Yes Pittsylvania County ATTACHME Yes REVIEWED BY: STAFF CONTACT(S): Mr. Sleeper ITEM NUMBER: 7 INFORMATION: INFORMATION: The Honorable Marshall Ecker requested the Board of Supervisors to set a public hearing to establish an additional no through truck restriction on State Road 931, Sycamore Creek Road and State Road 654, Daltons Farm Road, from U.S. 29 NB to State Road 634, Blue Ridge Drive. The intent of the public hearing is to receive citizen input on the proposal to restrict truck traffic on part of State Route 931, (Sycamore Creek Road) off US Hwy 29 and SR 654 Dalton's Farm Lane) to State Route 634 (Blue Ridge Drive), which is already restricted, in the Staunton River District. A reasonable alternative route for this would be the following. Alternate A: a commercial route be used such that the trucks would go up U.S. RT 29 to Altavista and take SR 43 (Bedford Road) into the Town of Altavista; make a left onto 7`h Street; drive 3 blocks on 7`h Street to Pittsylvania Avenue; turn right and go east on Pittsylvania Avenue across the Staunton River to State Route 668 (Grit Road) in Pittsylvania County to the Virginia Power facility on the left hand side of SR 668. Alternate B: use RT 40, R'T 29, RT 57 to 29 North to the northern most exit for Altavista, RT 712 then South on BUS 29 come back through town to Pittsylvania Avenue and turn east onto RT 668. The proposed restriction will be on any truck, truck and trailer, or semi-trailer combination except a pickup truck or panel truck. Staff request the Board hold the required public hearing and authorize the County Administrator to send a resolution, which shall be Resolution #2012-02-03, with the required maps to VDOT requesting the restrictions. P38 PUBLIC HEARING NOTICE The Board of Supervisors of Pittsylvania County will hold a public hearing on Monday, February 6, 2012 at 7:00 p. m. in the General District Courtroom located on the second floor of the Edwin R. Shields Courthouse Addition in Chatham, Virginia to receive citizen input on the proposal to restrict truck traffic on part of State Route 931, (Sycamore Creek Road) off US Hwy 29 and SR 654 Dalton's Farm Lane) to State Route 634 (Blue Ridge Drive), which is already restricted, in the Staunton River District. A reasonable alternative route for this would be the following. Alternate A: a commercial route be used such that the trucks would go up U.S. RT 29 to Altavista and take SR 43 (Bedford Road) into the Town of Altavista; make a left onto 7~' Street; drive 3 blocks on 7`}' Street to Pittsylvania Avenue; turn right and go east on Pittsylvania Avenue across the Staunton River to State Route 668 (Grit Road) in Pittsylvania County to the Virginia Power facility on the left hand side of SR 668. Alternate B: use RT 40, RT 29, RT 57 to 29 North to the northern most exit for Altavista, RT 712 then South on BUS 29 come back through town to Pittsylvania Avenue and turn east onto RT 668. The proposed restriction will be on any truck, truck and trailer, or semi-trailer combination except a pickup truck or panel truck. A full text of the proposed changes is available in the office of the County Administrator, 21 North Main Street, Chatham, Virginia, Monday through Friday from 8:00 a. m. to 5:00 p. m. for public viewing. P3H Star-Tribune News February 1, 2012 PUBLIC HEARING NOTICE The Board of Supervisors of Pittsylvania County will hold a public hearing on Monday, February 6, 2012 at 7:00 p. m in the General District Courtroom located on the second floor of the Edwin R. Shields Courthouse Addition in Chatham, Virgin- ia toreceive citizen input on the proposal to restnct truck traffic on part of State Route 931, (Sycamore Creek Road) aft US Hwy 29 and SR 654 Dalton's Farm Lane) to State Route 634 (Blue Ridge Drive), which is already resfricted, in the Staunton River District. A reasonable alternative route for this would be the following. Alternate A a commercial route be used such 'that the trucks would go up U.S. RT 29 to Altavista and take SR 43 (Bedford Road) into the Town of Altavista; make a Iett onto 7th Street; drive 3 blacks on 7th Street to Pittsylvania Av enue; turn right and go east on Pittsylvania Avenue across the Staunton River to State Route 668 (Grit Road) in Pittsylvania County to the Virginia Power faality on the left hand side of SR 668. Attemate B: use RT 40, RT 29, RT 57 to 29 North to the northern most exit forAlta+nsta, RT 712 then South on BUS 29 come bade through town to Pittsylvania Avenue and turn east onto RT 668. The proposed restriction will be on any truck, WCk and trader, or semi-trailer combination except a pickup truck or Afull text of the proposed changes is available in the ofl the County Administrator, 2t North Main Street, Chath< rginia, Monday through Friday from 8:00 a. m. to 5:00 p. P40 Star-Tribune News January 25, 2012 PUBLIC HEARING NOTICE The Board of Supervisors of Pittsylvania County will hold a public hearing on Monday, February 6, 2012 at 7:00 p. m. in the General District Courtroom located on the second floor of the Edwin R. Shields Courthouse Addition in Chatham, Virgin• is to receive citizen input on the proposal to restrict truck traffic on part of State Route 931, (Sycamore Creek Road) off US Hwy 29 and SR 654 Dalton's Farm Lane) to State Route 634 (Blue Ridge Drive), which is already restricted, in the Staunton River District. A reasonable ettemative route for this would be the following. AStemate A a commercial route be used such that the trucks would go up U.S. RT 29 to Altavista and take SR 43 (Bedford Road) into the Town of Altavista; make a left onto 7th Street; drive 3 blocks on 7th Street to Pittsylvania Av- enue; tum right and go east on Pittsybania Avenue across the Staunton River to State Route 668 (Grtt Road) in Pittsylvania County to the 1luginia Power faality on the left hand side of SR 668. Attemate B: usa RT 40, RT 29, RT 57 to 29 North to the northern most exd for Altavista, RT 712 then South on BUS 29 come back through town to Ftittsylvania Avenue and turn east onto RT 668. The proposed restriction will be on any truck, truck and trailer, or semi-trailer combination except a pickup truck or A full text of the proposed changes is available in the office the County Administrator, 21 North Main Street, Chatham, rginia, Monday through Friday from 8:00 a. m. to 5:00 p. m. r public viewing. P41 14 ~. ~, ~ ~ ~ i ~ ? ~1S gyn..,, ~ ~ ! ' } ~ r' _ ,_ ~' f,.~ rfQ - .. ~ ~ `,l py. ~~' „ ~.{ i ~ ~ ~v ,,. Y ; ~~~~~ ~- ~ j' ~ ~ -. ~ „ ,~ ~ a',~., ~' ~s. ~ .+° ~.~tiJ , ' ." ' t'. ~ ~ ' '•y~ 'C ~,, \ .-~ ` \ _ /~ /' i~ / fir' ~ ~ ~ ~ ! _ - Y J/ i~ Ali `ate. •~ "~ ~.I i~ •~!~ ,` f ,: if: ~~~f ~i/ ail. ~~~/ '' i ' r~M!! !, ~ ~l' ~a „ 1 ~ %~ - / /~ ~ 1 ~y~ ~..^\ / ~ ~ <<. °~ ~ ~ ,,,~ -. l ~ ~, ;~ ~ ~ 4, pfr.~ul u. `. ~~ i 1 • , /f , ` S• O~ ~' ~' ~ 1 ~ _ ~ ~ + ~. ¢.x ti ` 1 ~ ~ s \ a ~ i ~r / / c ~_ . ~ ~ P42 NEW BUSINESS P43 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Smith Mountain Lake Business Association - Shoreline Management Plan AGENDA DATE: 02-06-2012 ITEM NUMBER: 8 Shoreline Management Plan STAFF CONTACT(S): Mr. Sleeper ACTION: ACTION: Yes ATTACHMENTS: Yes REVIEWED BY: INFORMATION: INFORMATION: BACKGROUND: Pittsylvania County, along with Bedford, Campbell and Franklin Counties, has been negotiating with American Electric Power (AEP) and the Federal Energy Regulatory Commission (FERC) concerning licensing of Smith Mountain Dam for AEP. DISCUSSION: One of the items involved in the licensing for AEP at Smith Mountain Dam is the Shoreline Management Plan. Because there have been issues and controversies arising concerning the Shoreline Management Plan, the Smith Mountain Lake Marina Business Association is requesting the Counties of Bedford, Campbell, Franklin, and Pittsylvania to coordinate their regulations involving the docks, construction of the docks, and exert their governmental authority over the licensing requirements of FERC, substituting the county regulations for those imposed by AEP in the Shoreline Management Plan. Attached also you will see the difference between the four counties in relationship to their Erosion & Sediment Control permits, which is another issue related to the Shoreline Management Plan. RECOMMENDATION: Staff submits this to the Board of Supervisors for their review and consideration, and agrees that the counties should be in charge of the permitting and structuring of docks and Erosion & Sediment Control permits on Smith Mountain Lake and Leesville Lake; recommends the approval of Resolution 2012-02-04. P44 Smith Mountain Marina Business Association Permitting Flow Chart Counties write reasonable and enforceable regulations • Regulations should be consistent with current state and local building codes. • Remove regulations that are currently addressed at the federal, state or local levels. Regulations adopted i^ local building ordinances • Any violations would be handled at a local level. . County approves dock design, buildable area and issues permit • The responsibility shifts to a department that is experienced in planning, building and inspections. • Normal repair and maintenance are currently done in the counties without the need for permits as long as the structure is not modified. AEP is requiring such permits and is putting further burdens on the landowners to maintain their property. County forwards a copy of permit to AEP, rather than having the current licensee sign, notarize and record permits with the county. • Current dock application takes certain rights away from the landowner. These license agreements are holding up real estate transactions and lowering the willingness for newcomers to make investments on the lake. • Contractor should be allowed to act as the owner's agent to obtain a permit. Construction of dock is completed Counties do inspection of structure and issue a Certificate of Occupancy • At this point, the process has been completed the same way that all other structures are constructed in the counties. At any point during the process, if there are any questions, discrepancies or violations, they will be handled in the same manner as any other county permitted construction project. Other permitting such as clearing, stabilization and landscaping • Simply follow the existing federal, state and local regulations that are in place. Benefits • Permitting is nat put behind other corporate projects. • Customer service can he improved at the county level if the service is poor, unlike the current system at AEP, where no one is accountable for it. • Office hours are available during normal business hours and not by appointment only. P45 SMITH MOUNTAIN MARINE BUSINESS ASSOCIATION RESOLUTION Request for the Counties to Write and Enforce Shoreline Regulations WHEREAS, one of the stated Goals of the current, flawed Appalachian Power Company (APCO) SMP is: Striving for a balance that supports local economic interests yet protects environmental and recreational resources and that allows the public to enjoy these interests and resources. The APCO Shoreline Management Plan fails to meet this goal; and WHEREAS, the Smith Mountain Project: (1) has great economic importance to the region; (2) is recognized as the main economic engine for area surrounding Smith Mountain and Leesville lakes for the last forty five years, and; (3) that the APCO Shoreline Management Plan as currently imposed damages economic growth through burdensome regulation far no offsetting purpose; and WHEREAS, disregarding existing adequate Federal, State, and Local Regulations, the APCO Shoreline Management Plan violates existing regulations and imposes unneeded and more limiting regulations; and WHEREAS, there is no scientific basis to impose the unsupported and unnecessary regulatory burdens of the APCO Shoreline Management Plan; and WHEREAS, Local governments in the Commonwealth of Virginia are constitutionally responsible for regulation of development and land use, however, the APCO Shoreline Management Plan continues to wrongly permit APCO to classify the Smith Mountain Lake Shoreline in a manner that limits residents and businesses access to and use of project waters; and WHEREAS, on the permit application it requires that the owner of the land provide written authorization that APCO has the authority over the owner's use of the land both above and below the water level, and includes a restriction that only six (6) feet of shoreline can be used to enter the lake. The written authorization is notarized and recorded at the county courthouse; and WHEREAS, if all requirements are met in the Shoreline Management Plan by an applicant, APCO still reserves the right to deny the permit; and WHEREAS, regarding Dock Ownership and Transfer, APCO insists on anon-standard practice of individual assignment of dock permits; for example, before re-assignment of a dock permit, APCO often forces the seller to modify the dock to meet the most current regulations; for this instance, SMMBA recommends that dock assignments should transfer with the property deeds, being grandfathered as all structures fixed to land so pass under Virginia property APCO Shoreline Management Plan discourages proper maintenance of structures in the project boundary by limiting their maintenance to 50%, SMMBA recommends that maintenance actions no longer be limited; and P46 WHEREAS, Appalachian Shoreline Management Plan penalizes land owners who want to stop the erosion of property even when the erosion is washing beyond project boundaries by requirement of planting bushes and trees outside the project boundaries some even above the 800 contour; and WHEREAS, APCO SMP does not allow any dredging from 793.5 to 795 and has an eight (8) foot draw down of water level but only allows to maintain to a six (6) foot depth which leaves 2 feet of silt at lowest water draw down level rending many areas unnavigable, impassable and dangerous; and WHEREAS, regarding regulations for shoreline business, APCO's SMP imposes restrictions on food preparation, sale of food and beverages, boating supplies, other items, and restaurant seating within the project area, none of which are reasonable or justified. These unnecessary regulations limit the ability of marine businesses to innovate, to serve their customer's needs and expectations; and threaten these businesses future existence; and WHEREAS, SMMBA views APCO's permitting and enforcement processes as so non- responsive and obstructionist as to fail minimum license requirements, as there are no office hours, permit processing timelines, and both phone and written correspondence, including electronic delivery, is frequently ignored and responses inordinately delayed for days, weeks, and in some cases even months. Permitting is cumbersome and unnecessarily complicated, resulting in unnecessary delays that the impact resident's property improvement timelines and contractor payment schedules, costing thousands of dollars in idle labor costs, loss of skilled employees among member businesses. THEREFORE BE IT RESOLVED: The Board of Directors and members of the Smith Mountain Marine Business Association (SMMBA), representing the interests of 34 businesses and the citizens in the four counties it serves, unanimously requests that the sovereign Counties of Bedford, Campbell, Franklin, and Pittsylvania reassert their authorities, as granted by the Constitution of the Commonwealth of Virginia at Article 1 Sections 7 and 14, to regulate land use and subdivision within the project boundary of the Smith Mountain project, in accordance those powers granted by the Commonwealth to the localities under Virginia Code -Title 15.2 - COUNTIES, CITIES AND TOWNS. Specifically, that each of the Counties author and adopt reasonable regulations to administer the shorelines of the Smith Mountain Project and enforce those regulations, independent of and as events unfold, substituting for such regulations currently imposed by APCO's Shoreline Management Plan. This Resolution was adopted by the Smith Mountain Marine Business Association Board of Directors at its meeting of September 12`h, 2011 as attested to below. ,d_ ~--~L~C~G Richard (Dickie) Dill, President SMMBA Jason er, Vice President SMMBA P47 What amount of land disturbance requires an E&SC permit? Permit is requires if more than 10,000 square feet of land is disturbed. Permit is required if more than 3,000 square feet of land is disturbed, if such disturbance is within 200' of surface water (lakes, rivers streams, creeks, ponds, etc.) Permit is required if more than 10,000 square feet of land is disturbed. Permit maybe required for lesser areas, if such disturbance changes the course of a stream or the shoreline of a body of water. Based on Administrator's discretion. Permit is required if more than 10,000 square feet of land is disturbed. Permit maybe required for lesser areas, at Program Administrator's discretion. When is an engineered E&SC plan required? Plan is required for all E&SC permits, except for those associated with single-family home construction. However, plan is required for all permits (including single-family) if area of disturbance is more than (1) acre. Plan is required for all E&SC permits, except for those associated with single-family home construction. However, plan is required for all permits (including single-family) if area of land disturbance is within 200' of surface water. Plan is required for all E&SC permits, except for those associated with single-family home construction. How is single-family home construction treated? Land disturbance associated with SF home construction does not require an engineered plan, unless area of disturbance is more than (1}acre. Land disturbance associated with SF home construction does not require an engineered plan, unless area of disturbance is within 200' of surface water. Land disturbance associated with single-family home construction does not require an engineered plan. How are lakes, rivers, streams, creeks, ponds, etc. treated? (i.e. for land disturbing activities within 200' of water) EBSC permit is required near water, if more than 3,000 square feet of land is disturbed. An engineered plan is required within 200' of water, unless associated wish SF home construction and less than (1) acre is disturbed. E&SC permit is required near water, if more than 10,000 square feet of land is disturbed. An engineered plan is always required within 200' of water. No reference to water How much does an E&SC permit cost? $200 fee for all permits, except those qualifying for exemption associated with SF home construction. $100 permit fee for those qualifying for exemption associated with SF home construction. Fee is $150 per acre of disturbance for all permits, except those qualifying for exemption associated with SF home construction; $150 minimum fee. Fee is $501acre ($50 minimum) for SF home construction. SF residential E&SC permit: $10 All other E&SC permits: $25 + $5lacre. P48 Permit is required if more than 10,000 square feet of land is disturbed, Plan is required for all E&SC permits, except for those associated with single-family home construction. Land disturbance associated with single-family home construction does not require an engineered plan. No reference to water. Residential E&SC permit: $10 Non-residential E&SC permit: $50 Plan review fee of $300, plus $10 per acre; does not apply to permits associated with single- familyhome construction PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Recommendations from Property & Buildings Committee AGENDA DATE: 02-06-2012 ITEM NUMBER: 9 ACTION: Yes INFORMATION: Recommendations from Committee STAFF CONTACT(S): CONSENT AGENDA: ACTION: [NFOKMATION: Mr. Sleeper ATTACHMENTS: Yes BACKGROUND: The Honorable Charles J. Strauss, Judge for the Circuit Court of Pittsylvania County, has requested for the Board of Supervisors to provide cushions on the wooden benches in the Circuit Courtroom due to the noise the benches are creating during court service. DISCUSSION: The Committee will discuss the issue of the cushions and their estimated cost and further, and they will discuss in Closed Session the disposition of public held property, being the old Chatham Elementary School, with a private developer. Recommendations on both issues will be made to the Board of Supervisors following the meeting the Committee. P49 PROPERTY & BUILDING COMMITTEE Pittsylvania County Board of Supervisors Monday, February 6, 2012 5:30 pm Conference Room Captain Martin Building 1 Center Street Chatham, Virginia AGENDA 1. Call to Order 5:30 pm 2. Roll Call 3. Approval of Agenda 4. New Business: (a) Cushions for Circuit Court Courtroom (b} Closed Session: Discussion or consideration of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Authority: §2.2-3711(A)(3) Code of Virginia, 1950, as amended Subject Matter: old Chatham Elementary School Purpose: Discussion of Proposals 5. Adjournment P50 CHARLES J. STRAUSS. JUDGE CHATHAM, VIRGINIA 24591 WILLIAM N. ALE%ANDER, II, JUDGE ROCKY MOUNT. VIRGINIA 24131 JOSEPH W. MILAM, JR.. JUDGE DANVILLE. VIRGINIA 24941 DAVID A. MELESCO. JUDGE DANVILLE. VIRGINIA 24541 SAMUEL M. HAIRSTON. RETIRED JUDGE CHATHAM, yIRGINIA 24531 f1~~mmv~~vEtt1#~j of ~ir~ixct~ TWENTY-SECOND JUDICIAL CIRCUIT GIRCUIT COURT OF PITTSYLVANIA COUNTY GIRCUIT GOURT OF FRANKLIN COUNTY CIRCUIT COURT OF DANVILLE January 9, 2011 Mr. William D. Sleeper County Administrator Pittsylvania County P. O. Box 426 Chatham, Virginia 24531 Re: Cushions for the Circuit Court courtroom Dear Dan: P o Box loaf CHATHAM, VA 24531 (434) 432-7845 P O. BOX 601 ROCKY MOUNT, VA 241 51 (5401 483-3075 P O. BOX 1401 DANVILLE, VA 24543 (434) 799-5171 The need has arisen for the purchase of cushions for the benches in our Circuit Court courtroom. On a daily basis during the trials of cases in our court, the activity of parties sitting on the benches cause the benches to creak. That noise can make it almost impossible to hear in the courtroom and when the cases are being recorded, make the :,rnr~ln 17 r .1~1.i_ Fv: *.i i:: _..:i :~.-. 1. ,-~-... Please consider this our formal request for the purchase of these cushions. CJS/arh S' + ely, -~~-'~/ had es J Strauss P51 PITTSYLVANIA COUNTY Board of Supervisors EXF,CLITIVE SUMMARY AGENDA TITLE: Recommendations from Finance Committee AGENDA DATE: 02-06-2012 ITEM NUMBER: 10 Recommendations from Committee STAFF CONTACT(S): Mr. Sleeper ACTION: No CONSENT AGENDA: ACTION: ATTACHMENTS: Yes INFORMATION: INFORMATION: BACKGROUND: The Finance Committee is beginning the process of the annual budget for FY2012/13. DISCUSSION: At the Committee meeting, members will hear a report on the County audit ending June 30, 2011, the current status of Pittsylvania County and relationship concerning the County bonds for this year and next year, as well as options for balancing the FY2012/13 budget. RECOMMENDATION: If the Committee determines to send recommendations to the Board of Supervisors, they will be submitted following their meeting at 4:OOpm in Conference Room 2 of the Captain Martin Building. P52 FINANCE COMMITTEE Pittsylvania County Board of Supervisors Monday, February 6, 2012 4:00 pm Conference Room Captain Martin Building 1 Center Street Chatham, Virginia AGENDA 1. Call to Order 4:00 pm 2. Roll Call 3. Approval of Agenda 4. New Business (a) Annual Report from Auditors (b) Review of Bond Debt & School Costs (c) Options for 2013 Fiscal Budget 5. Adjournment P53 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Reimbursement of Swedwood Rail Grant AGENDA DATE: 02-06-2012 ITEM NUMBER: 11 SU BJECT/PROPOSAL/REOU EST: Reimbursement -Department of Rail and Public Transportation STAFF CONTACT(S): Mr. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY: INFORMATION: INFORMATION: BACKGROUND: The Pittsylvania County Board of Supervisors, along with the Danville City Council, entered into an agreement dated December 14, 2006 between the Virginia Department of Rail & Public Transportation and the City of Danville and Pittsylvania County as applicants. The application was for industrial rail funds. The County and the City received $450,000 each from the Department of Rail & Public Transportation. In accordance with the required agreement, Swedwood was to utilize 520 rail cars per year with an average of 2 rail cars per day. However, Swedwood has used no cars on that rail since the opening of their facility. [n accordance with this agreement, if 520 rail cars were not used by September 16, 2011, both the City and the County were liable for reimbursement to the Department of Rail & Public Transportation for $450,000 each. In response to a letter sent from the County Administrator on December 22, 2011, the Department of Rail & Public Transportation had agreed to extend the deadline of payment for 24 months, authorizing the City of Danville and Pittsylvania County to pay $18,750.00 per month for 24 months to pay back the total $450,000 each from the City of Danville and Pittsylvania County. Staff recommends the Board of Supervisors consider this extension and approve the payments, beginning immediately, for $18,750.00 per month. Currently, there is $450,000.00 set aside under the Economic Development program for reimbursement of this rail to ensure that the County had the necessary funds. If the Board of Supervisors wants to pay back the total amount immediately rather than per month, the funds have been appropriated for FY2012 in the amount of $450,000.00. P54 JAN 1 9 2012 COMMONWEALTH o f VIRC,~INIA THELMA DRAKE Director January 10, 2012 William D. Sleeper County Administrator Pittsylvania County P.O. Box 426 Chatham, Virginia 24531 Joe King City Manager City of Danville P.O. Box 3300 Danville, VA 24543 DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION 600 EAST MAIN STREET, SU1TE 2102 RICHMOND, VA 23219-2416 RE: Request for extension on Agreement 76607-07 Dear Mr. Sleeper and Mr. King: (804) 78611440 FAX (804) 225.3752 VIRGINIA RELAY CENTER I-800-828-1 120 (TDD) The Department of Rail and Public Transportation (the "Department") is in receipt of Mr. Sleeper's letter dated December 22, 2011, requesting an extension on Rail Industrial. Access Agreement No. 76607-07 for 24 months in order to work with Swedwood North America, LLC on meeting performance requirements. The Department awarded Pittsylvania County and the City of Danville $450,000 each for the construction of a rail spur to serve the Swedwood facility and run at least 520 cars annually within the five-year performance window. The Department will grant a conditional extension for 24 months with payback. This means that pursuant to section 1 l of the Grant Agreement, the City of Danville and Pittsylvania County must repay the full grant amount of $900,000 ($450,000 each) at a rate of $37,500 per month ($18,750 each per month), with the understanding that after 24 months the Department will close the project. [f during the 24 month period, the County and City utilize the track for its intended purpose, the Department will re-evaluate the grant relationship and consider reimbursing the localities for the grant amount repaid to date. The Department will work with the County and City within the next 90 days to begin repayment. If you have any questions, please call Kevin Page, Chief Operating Officer, at (804) 786-3963. Sincerely, .uu-~nn~, ~~ Thelma Drake The Smartest Distance Between Two Points u ~wu.: drpt. vir~inia. Gov P55 INDUSTRIAL ACCESS RAILROAD TRACK AGREEMENT THIS AGREEMENT, made and executed in triplicate as of the 14a' day of December 2006, between the VIRGINIA DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION, hereinafter referred to as "Department," acting by and through its Director, and City of Danville and Pittsylvania County, Virginia, hereinafter referred to as "Applicant" WITNESSETH THAT: WHEREAS, Applicant proposes to construct an industrial access rail facility to serve City of Danville and Pittsylvania County, Virginia's Cane Creek Centre facility in Pittsylvania County to serve Swedwood North America, a subsidiary of IKEA, as set out in its application dated the 16~' day of November 2006 and stated in Swedwood North America's annual carload commitment letter dated the 16~' day of November 2006, in which Swedwood North America commits to generate two railcars per day equating to a total of 520 annual railcars, which the application and the letter cited above is incorporated herein by reference, and the Applicant desires that the Department participate in the funding thereof; and WHEREAS, the respective governing bodies of the City of Danville and Pittsylvania County have jointly developed Cane Creek Centre Industrial Park as a regional industrial park and established the Danville-Pittsylvania Regional Industrial Facility Authority (RIFA) to govern joint projects and the City of Danville and Pittsylvania County each requested by resolution that their r.-- maximum annual allocation as per the Commonwealth Transportation Board policy governing the Industrial Access Railroad Track program (Rail Industrial Access) be allocated to this joint project, and WHEREAS, Applicant will assign the work to RIFA who will be responsible for the development and construction of the rail facility for the Applicant, and WHEREAS, the Commonwealth Transportation Board, on December 14`f' 2006, allocated 2 P56 $900,000 for reimbursement of eligible project expenses, consisting of $450,000 ($300,000 unmatched and $150,000 matched 50/50) allocated to the City of Danville and $450,000 ($300,000 unmatched and $150,000 matched 50/50) allocated to Pittsylvania County for a total combined minimum project cost including local match of $1,200,000. ~ ; , WHEREAS, in accordance with §33.1-221.1:1 of the Code of Virginia (1950), as amended, ..• ':. industrial access railroad track funds may be provided for the construction of such a facility; and WHEREAS, it is desired by the parties hereto to define the extent of the project addressed herein, the responsibilities of each party, the manner of performing the necessary work, the method and time of payment, and to set out additional conditions associated with the use of industrial access railroad track funds. NOW, THEREFORE, for and in consideration of the covenants and agreements hereinafter set forth, it is agreed between the parties hereto as follows: § 1. The project and interest to be funded under the terms of this Agreement are described as follows: Beginning at the Norfolk Southern Railroad clear point, construction of 4,800+/- feet of track including three in-plant switches as set out in Applicant's application. The work thus described hereinafter referred to as the "Project" and the cost and expenses in connection therewith aze hereinafter referred to as "Project Expense." Said costs and expenses shall be limited to a maximum of $900,000 ~o be reimbursed to Applicant by the Department. Payment by Department, as reimbursement for eligible project costs incurred and paid, to Applicant consists of a maximum of $450,000 ($300,000 unmatched and $ l 50,000 matched 50150) allocated and to be paid to the City of Danville and a maximum of $450,000 ($300,000 unmatched and $150,000 matched 50/50) allocated and to be paid to Pittsylvania County for a total combined minimum combined 3 P57 eligible project cost, including local match, of $1,200,000. Provided total project cost is less than the stated value herein, the payment, as reimbursement for eligible project costs, paid by the- Department to Applicant will be reduced proportionately at the rate § 2. described herein. The plans and specifications for this project are identified as follows: A. Plan sheet as submitted with application, "Swedwood International, Inc., New Facility, Cane Creek Blvd., Ringgold, Virginia, Project No. 50001582, Dewberry & Davis, Inc." Any other plans and specifications developed for this Project will be forwarded to the Department for approval and will be attached to this document. § 3. § 4. §5. The foregoing plans and specifications shall meet the approval of the serving Railroad. The Applicant is responsible for construction or having reconstructed the Project proposed under the application. The Applicant is responsible for the payment of all contractors prior to submitting invoice to Department for reimbursement. The Department will reimburse the Applicant for actual paid Project cost upon receipt of the Applicant's invoice and on-site inspection of Project by the Department. Copies of contractors' paid invoices must be attached. The Department will only accept invoices for completed Project. Progressive or partial invoices from Applicant will not be paid. Any work necessary in connection with the Project which is not specifically provided for in § 4 shall be the responsibility of the Applicant or the Applicant's designated representative as may be mutually agreed upon by said parties. All work shall be done in accordance with the plans and specifications referred to in § 2 hereof, together with such other plans and specifications that may be agreed upon by the parties hereto to carry out the work fully in accordance with the intent of this Agreement and in accordance with 4 P58 Project is situated is claimed by the Department or the Commonwealth of Virginia as a result of the Agreement. The Department's ownership interest in the improvements will be more completely defined following completion, inspection, and payment of Applicant's invoice. The Applicant must achieve 520 annual carload usage of as stated ~` in Applicant's application within five years of date of Agreement. Failure to meet annual carload projection within five years of date of Agreement qualifies Project for termination and repayment as outlined in § 16. After the initial five-year period, to protect the Department's long-term interest, the Commonwealth reserves the right to remove the value of its interest in the property if the tracks are not used for their intended purpose. § 12. The Applicant may, with the Director's written approval, which approval shall not be unreasonably withheld, purchase, relocate, sell, transfer, remove or otherwise dispose of the Project constructed under this Agreement. Any cost involved in the relocation or removal of said Project shall be borne by the Applicant or using business. In the event of sale or transfer of the Project, the Department must be provided with a contingent interest in the Project by the Applicant's successor or assign. Such contingent interest must be approved by the Department prior to the sale or transfer. Following relocation, the Department's interest will be redefined as determined by the Department. In case of removal or purchase by the Applicant or the Applicant's successors or assigns, the Department will be reimbursed the value of its interest in the Project. Said value will be. determined by the Director based on the gross liquidation value of the materials in the Project at the time of sale or disposal, but in no event will the value as so determined exceed the cost of the Project at the time of installation. In the event the facilities are purchased, they shall still remain available for use by all common carriers. 6 P59 §16 §17 with respect to funds not yet drawn upon by notifying the Director in writing. If the Project is terminated by the Applicant or the Department, the Applicant will reimburse the Department for all funds received for the Project within 64 days following notification by the Department of the amount to be reimbursed. Project Monitoring and Inspection will be governed by the following: A. The Applicant shall monitor the Project and each of its contractors to ensure compliance with this Agreement and that each contractor abides by its contract. , „ B. The Director or his designated representative may take any action, including the making of visits to the Project site and the inspection of all books and records of the Applicant, and any contractor or subcontractor, relating to any project or task .` receiving funds under this Agreement, to review activities under this Agreement and the adequacy of the Applicant's monitoring efforts. C. The Applicant shall inspect or shall have inspected the work to: (1) Ensure that it complies with the contract specifications. (2) Verify quantitative measures of materials installed, such as tie counts. (3) Verify labor and materials changes for contracts providing for payment on an actual cost basis. D. If the serving railroad or the Director determines that any material or construction is not in accordance with AREMA and serving railroad standards, the Applicant shall replace materials or correct any workmanship necessary to cure the deficiency. The Applicant shall not use any industrial access railroad track funds to pay for a replacement or correction required under this subsection § 18. With the exception of assignment of the work to the Danville-Pittsylvania Regional Industrial facilities Authority (RIFA), assignment of any portion of the work or 8 P60 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Contract Agreement -Davenport & Company AGENDA DATE: 02-06-2012 ITEM NUMBER: 12 Plan of Finance - E911 Equipment STAFF CONTACT(S): Mr. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes INFORMATION: INFORMATION: BACKGROUND: The Board of Supervisors requested Davenport & Company, along with Steve Johnson, Bond Counsel from Troutman Sanders, LCC, to negotiate on the behalf of Pittsylvania County a fair and equitable agreement with a bank for tax exempt financing for E911 equipment for Pittsylvania County. DISCUSSION: Attached hereto is a contract proposed from Davenport & Company for a scope of services to provide to Pittsylvania County the necessary financing plan and a plan for implementation, totaling $65,000 for the $13million lease. Both bond counsel and Davenport have put in significant time dealing with this issue because of the current atmosphere of financing institutions and local governments. RECOMMENDATION: Staff recommends the Board of Supervisors approve this contract and authorize the County Administrator to sign on the behalf of the County. Funds will come from the $13million Settlement of Lease Agreement with Bank of America. P61 DAVENPORT & COMPANY Ltd Est. 1863 ~ MEMBER: NYSE • FINRA • SIPC January 19, 2012 Mr. William D. Dan Sleeper County Administrator Pittsylvania County 21 North Main Street Chatham, VA 24531 Dear Dan: On behalf of my colleagues at Davenport & Company LLC ("Davenport") we are pleased to provide this proposal to serve as Financial Advisor with respect to the County's E-9l 1 Equipment upgrade project. Should you find this proposal acceptable this letter will serve as the basis of a formal agreement between Pittsylvania County (the "County") and Davenport. Sco a of Services During this engagement Davenport shall provide all of the services as set out below Phase 1: Plan of Finance Development Davenport will review the anticipated project funding requirements and anticipated costs to be financed. Our analysis and review will be coordinated with the County's Bond Counsel and include but not be limited to the following: • Coordination with Bond Counsel as to the estimated useful life of the equipment and improvements to be financed; • Providing the analysis of the anticipated financing structure in order to determine the budgetary cash flow requirements necessary to service the anticipated debt; • Development of Plan of Finance alternatives for the County's review and consideration; • Attendance at all County Finance Committee and Board Meetings as required to present Plan of Finance alternatives as appropriate; and • Recommendation as to the best method of implementation for the desired Plan of Finance based on current market conditions. P62 Phase 2 Plan of Finance Implementation Davenport will work on behalf of the County to implement the desired Plan of Finance at the most cost effective funding available under current market conditions. Such funding may take the form of either: • Direct Bank Loan funding through either the County's IDA or a Lease Purchase Agreement -Services will include, but not be limited to: o Development of a Request for Funding for the Plan of Finance to competitively solicit local, regional and national banking institutions; o Evaluation and analysis of the responses received in order to determine the lowest cost of funds at the best terms & conditions; o Final calculation of the Plan of Finance and necessary calculations as required by Bond Counsel for documentation purposes; and o Facilitation of closing and funding. Rated Public Offering through the County's IDA or County participation in a pooled transaction through the Virginia Resources Authority -Services will include, but not be limited to: o Development of the financing documents or application for financing through VRA; o Coordination with rating agencies or VRA during its credit evaluation process; o Developing the structure of the County's Goals & Objectives modeling as applicable; and Plan of Finance so as to ensure the ire met and working with VRA in o Facilitation of closing and funding. Comaensation to Davenaort Davenport fee for the above services referenced under Phases 1 and 2 shall be $65,000. Davenport's Out- of-pocket expenses shall be billed at cost (approximately $750.00) and administrative expenses shall be billed at 4% of the fee amount (approximately $2,600). Should you have any questions, comments or desire to amend this agreement, my direct number is (804) 697-2906. Sincerely, Davenport & Company LLC Roland M. Kooch, Jr. Senior Vice President CC: David Rose County of Pittsylvania William D. Sleeper County Administrator P63 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Support for Federal Fireworks Permit AGENDA DATE: 02-06-2012 ITEM NUMBER: 13 SUBJECT/PROPOSAL/REQUEST: Support Letter for Permit STAFF CONTACT(S): Mr. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: No INFORMATION: INFORMATION: BACKGROUND: Mike Comper is a citizen in the Westover District of Pittsylvania County who provides a number of fireworks displays in Pittsylvania County for special holidays and occasions. llISCUSSION: Mike Comper has a State license for fireworks, but because of the type of fireworks that he works with, he has applied for an ATF license, which is a federal license that requires a Letter of Support from the locality concerning the County's approval in working with Mr. Comper on these types of displays involving fireworks. RECOMMENDATION: Staff recommends the Board of Supervisors authorize the County Administrator to write a Letter of Support for Mike Comper for an ATF license in Pittsylvania County concerning fireworks permitting and pyrotechnics. P64 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Certificate of Need- Centra Health, Gretna, VA AGENDA DATE: 02-06-2012 ITEM NUMBER: 14 SUBJECT/PROPOSAL/REQUEST: Resolution for Certificate of Need STAFF CONTACT(S): Mr. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes INFORMATION: INFORMATION: BACKGROUND: The Honorable Jerry Hagerman, representative of the Callands-Gretna District, has requested the Pittsylvania County Board of Supervisors to support a letter he is submitting to the Commonwealth of Virginia requesting the ability to have a license issued to Centra Health for a trauma center in the Gretna community. DISCUSSION: Attached hereto is a resolution modified for the 2012 year from the Pittsylvania County Board of Supervisors supporting a Certificate of Need in Pittsylvania County for Centra Health out of~Lynchburg to provide services for citizens for Pittsylvania County and to approve a support of a Certificate of Need. RECOMMENDATION: Staffrecommends the Board of Supervisors approve attached Resolution 2012-02-OS and authorize Mr. Hagerman to write a letter on the behalf of the Gretna community to be accompanied by the resolution from the Board of Supervisors. P65 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2012-02-OS VIRGINIA: At a regular meeting of the Pittsylvania County Board of Supervisors on Monday, February 6, 2012 in the General District Courtroom of the Edwin R. Shields Courthouse Addition the following resolution was presented and adopted: WHEREAS, the Pittsylvania County Board of Supervisors feels there is a significant need in their county for a medical service center; and WHEREAS, the Pittsylvania County Board of Supervisors during the development of a comprehensive plan for the future of Pittsylvania County realized a need for a emergency and regular medical care facilities to be located in the urbanizing areas of Pittsylvania County, included but not limited to the incorporated areas of the Towns of Chatham, Gretna, and Hurt; and WHEREAS, Centra Health of Lynchburg, Virginia has expressed a desire to expand their medical services facilities south to the area of Gretna, Virginia; and WHEREAS, Pittsylvania County, the largest County in Virginia in land area, lies between Lynchburg and Danville, and has no outpatient surgery or 24 hour emergency center within its boundaries; therefore BE IT HEREBY RESOLVED, by the Pittsylvania County Board of Supervisors that they respectfully request Centra Health to consider the location for its medical service facility in Pittsylvania County, including the incorporated towns of Chatham, Gretna, and Hurt; and BE IT FURTHER RESOLVED, the Pittsylvania County Board of Supervisors pledges their support and agrees to work in partnership with Centra Health to apply and approve the Certificate of Need necessary to provide this facility to service the citizens of Pittsylvania County, Halifax County, Henry County, and the Cities of Martinsville and Danville. Vote: Jerry A. Hagerman - Marshall A. Ecker Brenda H. Bowman - Jessie L. Barksdale Coy E. Harville - James H. Snead Tim R. Barber - Given under my hand this 6th day of February, 2012. Tim R. Barber, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors P66 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 2-06- l 2 ITEM NUMBER: 1S Expenditure Refunds-Requires a Motion and a 10- Day Layover SUBJECT/PROPOSAL/REQUEST: Budget Amendment for expenditure refunds STAFF CONTACT(S): ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWEll BY: INFORMATION: INFORMATION: BACKGROUND: DISCUSSION: Attached is a list of expenditure refunds for the month of January, 2012 for review. As discussed earlier with the Board, the simple routine of putting every refund back in the budget is extremely time consuming and leaves room for errors. To stay in balance with the "Creasurer, we need to reappropriate refunds into the budget so the budget would increase with every expenditure refund. RECOMMENDATION: Staff recommends the reappropriation of funds as follows: $18.24 to Board of Supervisors-Telephone (100- 4-011010-5230), $295.00 to Board of Supervisors-Training (100-4-011010-SS40), $b0.00 to Sheriff-Parts (100-4-031200-6030), $1,000.00 to Sheriff-Canine Program (100-4-031200-6045), $88.64 to Jail- Professional Services (100-4-033100-3110), $202.68 Extradition (100-4-033100-SSSO), $20.00 to VFD- Fuels (100-4-032200-6008), $35.00 to Animal Control-Donations (100-4-035100-5883), $260.00 to Library- Postage, $2,460.65 to Library-Computer Supplies (100-4-073100-6021), $7,324.11 to WIA-Rent (2S 1-4- 353160-5420). REQUIRES A MOTION AND A 10-DAY LAYOVER. P67 PITTSYLVANIA COUNTY VIRGINIA Finance Departmeat P.O. Sox 426 Chatham, Virginia 24531 MEMO TO: William D. Sleeper, County Administrator FROM: Kim Van Der Hyde ' Finance Director SUBJECT: January Expenditure Refunds DATE: February 2, 2012 Phoae (434) 432-7740 Fax (434) 432-7746 Gretna/Hurt (434) 656-6211 Bachelors Hall/WhitmeU (434) 79?-9550 The list below shows all expenditure refunds that were sent to the Finance Department during the month of January. I am recommending that all of the following expenditure refunds be reappropriated by the Board of Supervisors: 100-4-011010-5230 BOS-Telephone 18.24 Reimbursement 100-4-011010-5540 BOS-Training 295.00 Reimbursement 100-4-031200-6030 Sheriff-Parts 60.00 Restitution 100-4-031200-6045 Sheriff-Canine Program 1,000.00 Donation 100-4-033100-3110 Jail-Professional Services 85.64 Insurance Reimbursement 100-4-033100-5550 Extradition 202.68 100-4-032200-6008 VFD-Fuels 20.00 Reimbursement 100-4-035100-5883 Animal Control-Donations 35.00 Donation P68 100-4-073100-5210 Library-Postage 260.00 Friends of the Library Donation 100-4-073100-6021 Library-Computer Supplies 2,460.65 Foundation Check 251-4-353160-5420 WIA-Rent 7,324.11 Reimbursement (2S 1-3-000000-150201 } TOTAL EXPENDITURE REFUNDS - JAN $ 11,761.32 P69 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 2-06-12 ITEM UMBER: 16 Danville Humane Society -Additional Appropriation- + ACTION: Requires a Motion and a 10-day layover I Yes SUBJECT/PROPOSAL/REQUEST: Humane Society Additional Appropriation STAFF CONTACT(S): CONSENT AGENDA: ACTION: ATTACHMENTS: No INFORMATION: INFORMATION: BACKGROUND: In June of 2007, the City of Danville sent notice to Pittsylvania County of an annual cost for operations of the Danville Area Humane Society wherein a significant number of animals were being cared for from residents of Pittsylvania County. Currently, the Board of Supervisors pays $3,950.00 per month to the Danville Humane Society for this service. 'Phis amount has remained unchanged since 2007. The 2011-2012 budget has a total of $40,000 budgeted for the Danville Humane Society. An additional $7,400 is needed to cover the amount required by Danville Humane Society. RECOMMENDATION: Staff recommends that the Board of Supervisors appropriate an additional $7,400.00 to the Animal Control Budget (100-4-035100-5850). THIS ITEM REQUIRES A MOTION AND A 10-DAY LAYOVER. P70 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 2-06-12 ITEM UMBER: 17 Comprehensive Services Act (CSA)-School Appropriation-Requires a Motion and a 10-Day Layover SUBJECT/PROPOSAL/REOUEST: Appropriation of CSA Expenditures to the School Fund (Fund 205) STAFF CONTACT(S): ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: No REVIEWED BY: INFORMATION: INFORMATION: BACKGROUND: At the 8-17-10 adjourned meeting of the Board of Supervisors, the Board unanimously voted to cease paying for private day placements for the Comprehensive Services Act until the CSA audit was complete. Upon completion of this audit, the Board also decided that it was in the best interest of the County to allow the Schools to continue to upfront CSA expenditures and be reimbursed by the County. The Schools did not budget for this expenditure in their FY 2012 budget. Currently an appropriation exists in the General Fund to reimburse the Schools for their CSA costs; however, the expenditure on the Schools side has not yet been appropriated. The estimate for the remaining six months of FY 2012 totals $1,400,000. Of this amount, $329,700 represents local funds and $1,070,300 represents state funds. These funds need to be appropriated on the Schools side to offset their CSA expenditure. Please remember that the County makes no reimbursement to the Schools without confirmation that the County has received state funds. The local portion above has already been accounted for in the CPMB budget. Staff recommends that the Board of Supervisors consider an appropriation of $1,400,000 to the School Fund (Fund 205) to cover CSA expenditures. REQUIRES A MOTION AND A 10-DAY LAYOVER. P71 PITTSYLVANIA COUNTY Board of Supervisors F,XECUTIVE SUMMARY AGENDA TITLE: Klopman Mills Waterline AGENDA DATE: 02-06-2012 ITEM NUMBER: 18 SUBJECT/PROPOSAL/REQUEST: Ownership of Waterline STAFF CONTACT(S): Mr. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY: INFORMATION: INFORMATION: BACKGROUND: The Pittsylvania County Board of Supervisors applied in November 2010 to the Tobacco Commission and received a grant in the amount of $886,950.00, Grant #2199, and the Board of Supervisors matched it with $98,550.00, for a total project of $985,500.00. DISCUSSION: This project was to provide both a water and sewer line to the Klopman Mills plant in Hurt, Virginia. The intent was to run a waterline to the new 80-foot right-of--way going into the proposed industrial park behind Klopman Mills. Attached hereto, you will find a letter from the Pittsylvania County Service Authority stating that the Board of Commissioners of the Pittsylvania County Service Authority (PCSA) declined ownership of the 10-inch waterline to serve the Klopman Mills site, and do not want the sewer line or pump station transferred to the PSCA. Staff requests the Board of Supervisors to authorize the County Administrator to negotiate with the Town of Hurt to propose transfer of ownership of the 10-inch waterline at the Klopman Mills site, the sanitary sewer line and the pump station to the Town of Hurt. P72 I,~ N 2 3 2012 PITTSYLVANIA COUNTY SERVICE AUTHORITY ~, PC~A INTERIM DIRECTOR r f,' BENNIE R. SNEAD 405 R & L Smith Drive • Danville, Vrginia 24540-9805 • Phone 434-836-7135 • Fax 434-836-7139 email: pcsa405~comcast.net January 17, 2012 Mr. Dan Sleeper County Administrator Pittsylvania County P 0 Box 426 Chatham, VA 24531 Ref: Klopman Mills Waterline Dear Mr. Sleeper, At the January meeting the Board of Commissioners decided not to request the ownership of the 10" waterline to serve the Klopman Mills site, also but not mentioned in your letter of January 5, 2012 the Service Authority does not want the sewer line or sewer pump station to serve the Klopman Mills area. The Board felt that since it was in the Town of Hurt that it should belong to them. Thank you, ~.~.,~~ Q , .~rw-ac~.J Bennie R. Snead Interim Director BRS:sc COMMISSIONERS: William L. Estes • Willie T. Fitzgerald • Bobby G. Atkinson Coy E. Harville • Calvin D. Ooss • Bobby P. Burnett • Marshall A. Ecker P73 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 2/06/ 12 ITEM NUMBER: 19 Sole Source Purchase -Fire Training Simulator - Citizen Corps Grant (CERT) SUBJECT/PRO POSAL/REQUEST: Sole Source Award STAFF CONTACT(S): Mr. Sleeper, Jim Davis, Ms. Meeks ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY: INFORMATION: INFORMATION: BACKGROUND: Jim Davis, Director of Emergency Management, has received approval and funding under the CERT Grant, to purchase a Fire Training Simulator. An appropriation of $25,000 for the CERT Grant has been approved under the Consent Agenda, Item #5-C. This purchase is included in that funding. Attached is the quote from BullEx Digital Safety. This item is under the GSA Contract #GS-02F0020T. Also attached is a sole source declaration letter that they are the sole manufacturer of the BullsEye Fire Training Simulator. The total cost is $10,891.00. The grant funds are available in line item #250-4.032424.8102. RECOMMENDATION: The staff recommends that the Board award the contract to Bu11Ex Digital Safety at a total cost of $10,891.00, as a sole source for the BullsEye HSBE001 Fire Training Simulator. P74 Pittsylvania County OEM 53 North Main Street Chatham VA 24531 1 HSBE001 1 HTC01 1 CRA010 1 UGBEEIO 1 20 Corporate Circle Albany, NY 12203 Ph. 518-689-2023 Fx. 518-689-2034 Quote Quote Number: 29860 Date: 01 /27/2012 Sales Person: Debi Scofield Valid Until: 02/25/2012 Terms: Net 30 Pittsylvania County OEM 53 North Main Street Chatham VA 24531 Jim Davis 434-432-7920 BuIlsEye Base Package $9,895.00 $9,895.00 This advanced training system senses where the user aims and sweeps the laser driven BuIlsEye extinguisher or SmartExtinguisher and automatically varies the digital flames in response. Package Includes: BuIlsEye digital flame panel with integrated sensors 5 Ib BuIlsEye Laser Extinguisher with rugged carrying case 7X SmartExtinguisher (Red) Handheld Controller Controller Cable Battery Recharger Extinguisher Recharge Accessories 2-Year Limited Warranty User Manual BuIlsEye Transport Case $910.00 $910.00 This high-impact plastic industrial grade transport case can be used to quickly and easily transport BuIlsEye to and from various training sites. Includes custom foam, wheels and lockable fasteners. Continuous Run Adapter $285.00 $285.00 AC adapter for continuous operation of BuIlsEye or Hotshot panel SmartExtinguisher Credit ($199.00) ($199.00) Removes the 7X SmartExtinguisher from the base package BuIlsEye Extinguisher Upgrade (101b) $300.00 $300.00 Upgrades 51b BuIlsEye extinguisher to 101b version. Customer Consideration for extinguisher ($300.00) ($300.00) upgrade GSA account number GS-02F0020T P75 Grand Total Subtotal: $10,891.00 Currency: U.S. Dollar Tax: $0.00 Tax Rate: 0.00% Shipping & Handling: $0.00 Shipping Provider: UPS Ground Total: $10,891.00 Warranty Terms: The warranty covers all part defects in material or workmanship for a period of one year from date of purchase unless otherwise specified. The customer will be responsible for return shipping to nearest BullEx facility or replacing parts supplied by BullEx. The warranty does not cover damage caused by accident, neglect, or misuse by the client or its agents, servants or employees. Standard warranty excludes batteries and battery packs which have a 90 day warranty. General Terms: A penalty of 1.5% per month will be charged on any invoices not paid within 30 days. Customers are responsible for all duties, taxes, and customs charges. All payments must be in US Dollars. BullEx Inc. is not responsible for any currency exchange differences. All orders will be invoiced and/or charged on the day in which the order is shipped. Terms on BullEx, Inc. quotes supersede any terms and conditions on a customer purchase order. Customer agrees to fully comply with U.S. Export Administration Regulations and all other U.S. laws and regulations concerning exports and re-exports to foreign countries. This document is subject to BullEx's general terms and conditions which can be found at http://www.bullexsafety.com/terms.pdf P76 [SMART TOOLS FOR REAL TRAINING To Whom It May Concern: BullEx Digital Safety is the sole source provider for the BuIlsEyeT'", which is used to provide cost- effective, realistic and repeatable hands-on fire extinguisher training. The BuIlsEye cannot be purchased through any other vendor and there are no other similar products available on the market. BullEx products represent the latest advancements in fire training technology and are the only hands-on fire extinguisher training systems using self-generating digital flames. BuIlsEye's realistic, self-generating digital flames respond directly to the trainee's actions. Using BullEx's proprietary laser-based training extinguishers, users interact dynamically with BuIlsEye's digital fire. If trainees fail to use the proper technique, the flames respond accordingly. Flames can diminish, grow gradually or even reignite. There is no pre-recorded fire sequence. Instead, every digital fire is unique and dynamic. The sensors in the BuIlsEye extinguisher training system determine where a user is aiming and sweeping the laser-based training extinguisher and the on-board control system determines how to vary the flames in response. If the user utilizes the correct technique, aiming and sweeping at the base of the fire, the flames will be extinguished. The BuIlsEye also measures a trainee on his or her performance, and offers a time-to-extinguish score for each trainee. The BuIlsEye uses patent pending technology for its realistic digital flames and its ability to sense the trainee's actions. Full U.S. and PCT patent applications have been filed for this advanced technology. BullEx is a U.S. owned small business, and proudly manufacturers BuIlsEye in the U.S.A. Sincerely, 2 c~ ~,~ Ryan O'Donnell Chief Executive Officer 20 Corporate Circle ~.31bam~, NY 12203 ~ Phone 1888 4BULLEX • 518-689-2023 ~ Fax 51&689-2034 I WWW.BULLEXSAFETY,COM P77 SMART TOOLS FOR REA! TR.A'NI'~'G LASER-DRIVEN ^ EXTINGUISHER TRAINING SYSTEM fit. :- Bu1lsEye uses advanced laser technology to simulate the discharge of dry-chemical or C02 extinguishers for a completely clean, safe and cost effective training experience. Bu1lsEye senses where the user aims and sweeps a laser training extinguisher and automatically varies the LED driven digital flames in response. For training variation, the BuIlsEye system can also be used with the standard air/water SrnartExtinguisher®Thls allows your trainees to team how to effectively use a fire extinguisher in their actual work environment. Training can now take place completely indoors -allowing you to train anywhere, anytime. BULLSEYE FEATURES -I ~~ ~ ~ ~ ter. I F~• c~_ __ iE o ~ ~. o ~ The 13u11sEye extinguisher uses a conical laser to replicate discharge rather than depending on adry-chemical or COz extinguisher. ST EFFECTIVE In many cases, organizations can save more than the cost of a training system in the first year alone. Laser-driven training extinguishers plus reduced set-up and clean-up times mean you can train more people in less time. ^ LEFT ', BULLSEYE DIGRAL FlRE AND P78 BULLSEYE ~ SMART TOOLS FOR REAL TRAINING Relies on LED driven digital flames and a laser extinguisher for a completely safe training experience. _ i '., Bu1lsEye extinguishers have sound effects, a timed discharge and are weighted accordingly (5, 10 or 20 16.) to closely simulate dry-chemical or COz extinguishers. BULLSEYE ADVANTAGES • Safely train to OSHA requirements. • Allows training to take place entirely indoors, in the actual work environment. • Grades users making it easy to monitor improvement and proficiency. :'= FlND OUT WHY THOUSANDS OF CORPORATIONS, UNIVERSITIES, HOSPITALS, FlREDEPARTMENTSANDGOVERNMENT AGENCIES ARE USING BUU.EX SIMUUITORS. FOR A ® CAI_[_ 1-888-48ULLEX/ 518582023 O tU L l i~; E at W W W.BULLEXSAFETY.COM ~. ~,I ~; ~ 20 Corporate Grde •Albany, NY 12203 Phone 1-B8B-48ULLIX •518-689-2023 I iax 518-68&2034 VYYYW.9ULLEXSAFETY.COM CluYEa, Inc. 2000. /UI AphN n~~rN•Q. v1.0 2v9 Industrial training with BuIlsEye Fl Gasstoom Veining C~ Healthcare Valningleatunng BuIlsEye laser extinguisher Extinguisher training with air/water SmartExtinguisher P79 Co~au~~s~ire BASE PACKAGE] P80 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE St1MMARY AGENDA TITLE: Pittsylvania County-City of Danville Agreement - Phase II Mega Park Master Plan & Phase III Environmental Review and Permitting AGENDA DATE: 02-06-2012 ACTION: Yes ITEM NUMBER: 20 INFORMATION: SUBJECT/PROPOSAL/REOUEST: Agreement concerning shares of costs CONSENT AGENDA: ACTION: STAFF CONTACT(S): Mr. Sleeper ATTACHMENTS: Yes INFORMATION: BACKGROUND: The City of Danville and Pittsylvania County have undertaken projects under the Regional Industrial Facility Authority (RIFA) as a subdivision of the Commonwealth of Virginia, wherein both the City and the County have agreed to share equally upon grants and developments of projects under RIFA. DISCUSSION: Whereas the City advanced funds for RIFA concerning land purchases in an agreement dated July 12, 2011, wherein the County was required to pay interest on the County's share of that agreement, as whereas the County advanced funds to RIFA to complete Phase II of the Mega Park Masterplan entitled "Berry Hill Mega Park Phase III Environmental Review and Permitting" for a total of $985,500, the City's share being $492,750. Therefore, in accordance with the attached agreement, the County's interest due on July 12, 2011 reimbursement agreement and the balance from the County on Due To and Due From requirements on the RIFA audit ending June 30, 2010, are duly reflected in the attached agreement dated February 6, 2012 between the City of Danville and Pittsylvania County. Staff recommends the Board of Supervisors approve the agreement dated February 6, 2012 between the City of Danville and Pittsylvania County concerning shared costs of RIFA and authorize the Chairman to sign on the behalf of Pittsylvania County, attested to by the Clerk of the Board of Supervisors, and forward a copy to the City of Danville for their review, approval and signature. P61 THIS AGREEMENT, ("Agreement") made and entered as of the 6th day of February 2012, by and between THE CITY OF DANVILLE, VIRGINIA, a political subdivision of the Commonwealth of Virginia ("the City") and THE COUNTY OF PITTSYLVANIA, VIRGINIA, a political subdivision of the Commonwealth of Virginia ("the County"). WITNESSETH FOR AND IN CONSIDERATION of the mutual promises and undertaking of the parties in this agreement, the parties do hereby agree as follows: Section 1. Recitals: The Parties to this Agreement recite the following: A. Danville-Pittsylvania Regional Industrial Facility Authority, (RIFA) a political subdivision of the Commonwealth of Virginia (RIFA) is in the process of developing a Mega Park located in Pittsylvania County, Virginia. B. The City and the County have established several agreements in relation to the development of the Mega Park. C. The City advanced funds to RIFA on the behalf of the County as identified in the Reimbursement Agreement dated July 12, 2011, with a total interest of $72,075.00 due from the County. This obligation was satisfied December 1, 2011 with the issuance of 2011 RIFA Revenue Bonds. D. The County advanced funds to RIFA to complete Phase II of the Mega Park Master Plan totaling $985,500.00. E. The County reimbursement obligation, being satisfied under the Reimbursement Agreement dated July 12, 2011, and the advancement of funds by the County of $985,5000.00 for the Phase II Mega Park Master Plan offsets the Due to and Due From totals of the RIFA Audit for 2010 of $220,847.00. F. The City has agreed that the funds advanced by the County on the behalf of the City for the Phase II Mega Park Master Plan exceeds the total owed by the County to the City for both the interest on the Agreement of July 12, 2011, and the County funds due to the City n the RIFA Audit for 2010. Section 2. Agreement: The parties hereto agree that the County has advanced $492,750.00 on the behalf of the City for the City's share of the Phase II Mega Park Master Plan engineering and environmental work. The County owes the City $220,847.00 Due From the County in the RIFA Audit for 2010. The parties agree that these funds are offsetting and the balance of $271,903.00 advanced by The County will be due from The City in the 2012 RIFA Audit. (See Attachment "A "attached hereto). Page 1 of 4 P82 Section 3. Amendment and Modification: The parties to this Agreement many amend, modify, and/or supplement this Agreement in such manner as may be agreed upon by these parties, provided such amendments, modifications, and/or supplements are reduced to writing and signed by the parties to this Agreement or their successors in interest. Section 4. Non-Appropriation Provision: Notwithstanding any other provision in this Agreement to the contrary, if the County fails during any fiscal year to appropriate or allocate sufficient funds to pay the amounts to be paid by the County pursuant to the provisions of this Agreement which become due ar payable during such fiscal year, then this Agreement and all the obligations of the County hereunder shall automatically terminate at the end of the fiscal year in which such non-appropriation occurs. The County agrees to use its reasonable efforts to obtain any necessary funding contemplated by this Agreement, on an annual basis. Section 5. Severability: Any provision or provisions of this Agreement which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof, and the remaining provisions hereof shall nevertheless remain in full force and effect. Section 6. Governing Law, Venue, Mediation, Legal Fees/Costs: A. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. B. Venue: If legal action by either party is necessary for or with respect to the enforcement of any or all the terms and conditions hereof, then exclusive venue therefore shall lie in the Franklin County, Virginia. C. Mediation: 1. Good faith mediation shall be a condition precedent to the filing of any litigation in law or equity by either Party against the other Party relating to this Agreement. Before the remedies provided for in this Section may be exercised by either Party, such Party shall give written notice to the other Party that such Party believes that an event of default or impasse under this Agreement may have occurred, specifying the circumstances constituting the event of default or impasse in sufficient detail that the other Party will be fully advised of the nature of the event of default or impasse. The responding Party shall prepare and serve a written response thereto within ten (10) business days or receipt of such notice. A meeting shall be held within ten (10) business days after the response Page 2 of 4 P83 between Parties to attempt in good faith to negotiate a resolution of the dispute. 2. If the Parties are unable to resolve the dispute through the above- process, the Parties shall attempt to resolve the controversy by engaging in a single mediator, experienced in the subject matter, to mediate the dispute. The mediator shall be mutually selected by the Parties, to the controversy and conduct mediation at the location to be agreed upon by the Parties or absent agreement, by the mediator. Within two (2) business days of selection, the mediator shall be furnished copies of the notice, this Agreement, response, and any other documents exchanged by the Parties. If the Parties and the mediator are unable to settle the same within thirty (30) days from selection, or such other times as the Parties agree, the mediator shall make a written recommendation as to the resolution of the dispute. Each Party, in its sole discretion, shall accept or reject such recommendation in writing within ten (10) days. Should the Parties be unable to agree upon a single mediator within five (5) business days of the written response of the responding Party, the Parties jointly shall agree upon the selection of a neutral third-party agreed upon by the Parties, to appoint a mediator, experienced and knowledgeable in the matters which are the subject of the dispute. The costs of the Mediator and the mediation shall be shared equally by the Parties to the dispute. 3. Notwithstanding the preceding paragraphs, the Parties reserve the right to file suit or pursue litigation. The Parties consent to selection of a mediator by any Court shall not constitute consent to jurisdiction of such court or waiver of defenses as to venue or jurisdiction. D. Le al Fees/Costs: At all times under this Agreement, each Party shall be responsible for its own legal fees and costs. Section 7. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives. Section 8. Authority to Act: A. This Agreement is executed on behalf of the City by its duly authorized City Manager, he having been so authorized to act pursuant to City of Danville Charter Section 3-3(B). Page 3 of 4 P84 B. This Agreement is executed on behalf of the County by its duly authorized County Administrator, he having been so authorized to act by motion adopted by the Board of Supervisors of the County at its meeting on the 6~' day of February, 2012. WITNESS the following signatures and seals: THE CITY OF DANVILLE, VIRGINIA By: Title: Attest: Title: Approved to form: Attorney for the City of Danville, Virginia THE COUNTY OF PITTSYLVANIA, VIRGINIA By: Title: Attest: "Title: Approved to form: Attorney for the County of Pittsylvania, Virginia Page 4 of 4 P85 Danville-Pittsylvania Regional Industrial Facility Authority ATTACHMENT A due to !due from as of 06130!2011 Advances from FY 11 Due to (from) City to RIFA Due to (from ~ Contribution City Due From County Balance June 2010 220,847.29 (220,847.29) City Payments Debt Service Share 262,727.00 Gen Contribution 20,000.00 Gen Contribution to cover meals for meeting at IALR 331.36 283,0138.36 141,529.16 (141,529.18) County Payments Debt Service Share 262,727.00 Gen Contribution 20,000.00 Gen Contribution to cover meals for meeting at IALR 331.35 County TIC Grant #12197 expenditures 516,750.00 County's In-Kind contribution 591.82 800,400.17 (400,200.09) 400,200.09 Total 137.823.61) - 37.823.61 Due to /Due from Adjustment Required Journal Entrv Required: 2115: Due to City of Danville 258,670.91 1600: Due from Pittsylvania County 258,670.91 P86 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Proposed Pittsylvania County Beautification Committee AGENDA DATE: 02-06-2012 ITEM NUMBER: 21 SUBJECT/PROPOSAL/REOUEST: Development and Appointment of the Pittsylvania County Beautification Committee ACTION: Yes CONSENT AGENDA: ACTION: STAFF CONTACT(S): Mr. Sleeper ATTACHMENTS: No REVIEWED BY: INFORMATION: INFORMATION: BACKGROUND: The Honorable Brenda Bowman, Supervisors from the Chatham-Blairs District, has requested the Board of Supervisors to establish a Beautification Committee in Pittsylvania County consisting of one (1) citizen appointed from each district. The Board of Supervisors must determine to develop this committee and make the necessary appointments, set general guidelines concerning the committee, and whether they will be all volunteer or any reimbursement requirements established for this committee. They will have some large shoes to fill. Since 1983, Pittsylvania County has placed ls` in local government in the Keep Virginia Beautiful Program ten (10) times! Pittsylvania County Beautification and Litter Control came in 2"d place in the Nation in the Keep America Beautiful Program twice- in 1999 and in 2004 in the category of local government. County programs were volunteers working with Linda Mills, Grants Administrator and the part-time County Litter Control Coordinator. People like Francis Hollam Hurt and Blanch Crews pulled many local garden clubs and private beautification groups together to establish this legacy. Staff submits this to the Board of Supervisors for their review, consideration and approval. P87 APPOINTMENTS P88 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Appointment - Pittsylvania County Planning Commission -Westover District AGENDA DATE: 02-06-2012 ITEM NUMBER: 22 SUBJECT/PROPOSAL/REQUEST: Appointment to Planning Commission STAFF CONTACT(S): Mr. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes INFORMATION: INFORMATION: BACKGROUND: Agencies, Boards and Commissions that operate under Pittsylvania County make nominations to the Board of Supervisors for appointments representing each election district within the County. The Planning Commission is a committee in which a representative from each district is appointed by the Board. The Chairman of the Board of Supervisors has requested before any nominations for appointments are made to any committees, boards, agencies or commissions, that the name be submitted to the Board of Supervisors prior to the board meeting of the proposed candidate to be nominated for an appointment to that board, agencies, committee or commission. The current Planning Commission representative for the Westover District is David Weatherford, whose term will expire on March 23, 2012. The new appointment term for that seat will be from March 24, 2012 - March 23, 2016. RECOMMENDATION: Staff submits this to the Board of Supervisors for their review and consideration. P89 PITTSYLVANIA COUNTY VIRGINIA Depacttnent of Code Compliance P.O. Drawcr D Chatham, Virginia 24531 Odie H. Shelton, Jr., Director Phonr` Numbers: Inspections (434) 432-7755 Zoning (434) 432-7752 Fax (434) 432x7919 Gretna/Hurt (434) 656-6211 MEMORANDUM TO: William~D. Sleeper, County Administrator FROM: OdIG~~H. Shelton, Jr., Director of Cade Compliance/Zoning Administrator SUBJECT: Appointment of Planning Commission Member DATE: January 23, 2012 Please place the appointment of a Planning Commission member on the Board of Supervisors agenda for the meeting of February 6, 2012. This member will represent the Westover District. David Weatherford's term will expire on March 23, 2012. The new term will be from 2012 to 2016. Should you have any questions regarding this matter, please feel free to contact me at any time. OHS, Jr./khb C: Cneg Sides, Assistant County Administrator Moms Stowe, Planning Commission Chairman P90 CLOSED MEETING P91 REPORTS FROM BOARD MEMBERS P92 REPORTS FROM LEGAL COUNSEL P93 REPORTS FROM COUNTY ADMINISTRATOR P94 PITTSYLVANIA COUNTY VIRGINIA William D. Sleeper County Administrator P.O. Box 426 Chatham, Virginia 24531 e-mail: dsleeper@pittgov.org Phone (434) 432-7710 Fax (434) 432-7714 Gretna/Hurt (434) 656-6211 MF,MORANDUM To: Otis S. Hawker, Assistant County Administrator From: Henry Boswell, Jr., Chief Animal Control Officer Date: Feb 3, 2012, Subject: Animal Control Activity Report During the period of December 30, 2012 through, January 31, 2012, the Animal Control Officers responded to 305 calls as per Henry Boswell, Chief Animal Control Officer, resulting in the following: Description Number Remarks Animals taken into custod 148 Dogs 83 Cats 61 Other 4 opossum Animals on hand at month end 17 Animals dis etched 56 Do s-26 cats-30 Licenses checked 175 Court cases 38 Summons 31 Animals Ado ted 5 Animals returned to owners 11 Cats taken to the Humane Socie 31 Animals Transferred 38 FC -34 LAP-1 DAHS- 3 Inured animals icked u 0 Animals found in tra s 65 Ex osures: Human/Saliva 0 Ex osures: Do s/Cats/Wildlife 1 Do Bites 8 Cat Bites 0 Cruel Checks 2 Well-being Checks 25 Cat/Do F'i hts 0 Investi ated killin s b do s/cats 5 Investi ate killin s b Co otes 0 If you have any questions concerning this, please do not hesitate to contact me. cc: William D. Sleeper, County Administrator P95 PIT'I'SYLVANIA COUN'T'Y VIRGINIA William D. Sleeper County Administrator P.O. Box 426 Chatham, Virginia 24531 e-mail: dsleeper@pittgov.org Phone (434) 432-7710 Fax (434) 432-7714 Gretna/Hurt (434) 656-6211 MEMORANDUM To: Otis S. Hawker, Assistant County Administrator From: Henry Boswell, Jr., Chief Animal Control Officer Date: February 3, 2012 Subject: Conservators of the Peace Solid Waste Monitoring Report The Animal Control Officers whom have been appointed to the position of Conservators of the Peace monitoring solid waste sites in Pittsylvania County, as per Henry (Pete) Boswell, Chief Animal Control Officer, for the period of December 30, 2012 through January 31,2012. Description Number Remarks Total hours monitored 8 Vehicles enterin sites 50 Vehicles checked 7 Summons' issued 4 Court date in Febru Court Cases 0 Convictions 0 If you have any questions concerning this, please do not hesitate to contact me. cc: William D. Sleeper, County Administrator P96 PITTSYLVANIA COUNTY VIRGINIA Darrell W. Dalton, Superintendent Q ~~ ~ Phone (434) 432-7958 Building & Grounds Department ~ ~ ~` ,~~ ~ P'ax (434) 432-2294 5l N. Main St. -a `~~ ~~ [ ~ ~ ~ ~ < Grema/Hurt (434) 656-6211 P.O. Box 426 ~ `4! Chatham, Virginia 24531 ,r ~ ~ ~;~~ '~ ~ t' Bachelors Hall/Whitmell (434) 797-9550 E-mail: darrell.dalton@pittgov.org L7a,-.,~~p. MEMORAND[SM To: Otis S. Hawker, Assistant County Administrator From: Heather Inge, Secretary of Building & Grounds ~~~'~'` ~~~ Date: February 3, 2012 Subject: COMPLETED WORK ORDERS -JANUARY 2412 Attached please find a listing, by department, of completed work orders for the month of January. This list does not reflect work orders in progress but not yet completed, actual expenses incurred, or routine maintenance necessary for the smooth operation of the County facilities. However, it does reflect the total number of man-hours. Presently, there are approximately 32 work orders still outstanding. If you have any questions concerning this, please do not hesitate to contact me. HI Attachment ce: William D. Sleeper, County Administrator Darrell W. Dalton, Superintendent of Building & Grounds P97 tSUILUINIi lk IiKUUNUS MliIN I tNHNI:t WORK ORDERS COMPLETED FOR MONTH OF JANUARY 2012 NO. W/O MAN-HOURS ANIMAL CONTROL ARMORY ] ] A S C S /EXTENSION /USDA-FSA ] ] BOARD OF SUPERVISORS BUILDING & GROUNDS BUILDING INSPECTIONS CAPTAIN MARTIN BLDG ] ] CENTRAL ACCOUTTNG CENTRAL PURCHASING C[RCUI"1' COURT CLERK OF COUR"I 2 4 CODE COMPLIANCE (PLANNING COMMISSSION & ZONING 3 j COMMISSIONER OP REVENUE ] ] COMMONI~'EALTH ATTORNEY ] ] COMPACTOR S11"E ] 2 COUNTY ADMINISTRATOR AND ASST. COUNTY ADMIN. ] ] COUNTY ATTORNEY COURTIOUSE (1968 ANNEX) ] 2 COURTHOUSE (EDWIN R. SHIELDS) CSA - CPMB DEPOT BUILDING 1 ] EMERGENCY 911 FACILITY 2 3 ENVIRONMENTAL HEALTH FINANCE FIRE MARSHAL GENERAI. DiSTR1CT COURT GRANTS ADMISTRATION ] 2 HEALTH DEPARTMENT 5 7 HUMAN SERVICES FACILITY INDUSTRIAL PARKS INFORMATION TECHNOLOGY JUVENILE & DOMESTIC COURT 2 4 JUVENILE & DOMESTIC COURT SERVICES UN1T ] 2 JAIL 38 57 LANDFILL 13 25 LIBRARY LITERACY MAGISTRATE MOSES BUILDING ] ] OLD DOMINION AG. COMPLEX PCED BUILDING REASSESSMENT RECREATION: RAIL-TRAIL & WAYSIDE PARK 1 6 REGISTRAR-VOTING PRECINCTS RINGGOLD DEPOT SHERIFF 4 19 SOCIAL SERVICES 4 5 TREASURER VICTIM WITNESS ] 4 OTHL-R: REGIONAL PARK HUGHES HOME CALLANDS CLERKS OFFICE TOTAL 4I'ORK ORDERS COMPLETED -JANUARY 1012 $7 155 YEAR TO DATE 07/0?/20i 1 - 06/30/2012 PqR 626 I ,342 PITTSYLVANIA COUNTY CODE COMPLIANCE MONTHLY REPORT & FEES January 2012 TYPES OF PERMITS 6 B 1LDING PERMIT FEE COLLECTED 4,401.34 68 LEVY COLLECTED $88.04 0 SUBDIVISION FEES COLLECTED $0.00 20 ZONING PERMIT FEES COLLECTED $85.00 0 REINSPECTION FEES COLLECTED $0.00 8 LAND DISTURBING FEES COLLECTED $78.00 164 TOTAL FEES COLLECTED $4,652.38 MONTHLY BUILDING VALUES 3 NEW DWELLINGS $369,000.00 5 MOBILE HOMES/OFFICE TRAILERS 90,384.00 0 DOUBLE-WIDE MOBILE HOMES 0.00 1 MODULAR 268,000.00 10 COMMERCIAL CONSTRUCTION 855,700.00 49 MISCELLANEOUS 393,421.00 68 TOTAL $1,976,505.00 NONTAXABLE: $70,100.00 $1,976,505.00 TvrnNTHT.Y A['TIVITY REPORT NUMBER OF BUILDING INSPECTIONS MADE 269 NUMBER OF REJECTIONS OF WORK 41 NUMBER OF E 8~ S INSPECTIONS 96 NUMBER OF MILES INSPECTORS TRAVELED 3,898 MnNTNi.Y 7.nNiN(: FEES 3 REZONING FEES COLLECTED $521.68 0 SPECIAL USE PERMIT FEES COLLECTED 0.00 0 VARIANCE & APPEAL FEES COLLECTED 0.00 0 SIGN PERMIT FEES COLLECTED 0.00 3 TOTAL $521.68 Respectfully Submitted, Ollie .Shelton, Director of Code Compliance! Zoning Administrator P99 ADJOURNMENT P100