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03-20-2012 BOS Adjourned meeting~ii~~> ~i~i/i{/ BOARD PACKET BOARD OF SUPERVISORS ADJOURNED MEETING MARCH 20, 2012 1767 P1 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS ADJOURNED MEETING TUESDAY, March 20, 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 3. Pledge of Allegiance 4. Items to be added to the Agenda (a) Letter of Support -Virginia Scenic River Designation -Pages 8-12 APPROVAL OF AGENDA HEARING OF THE CITIZENS CONSENT AGENDA 5(a) Proclamation -National Public Safety Telecommunications Week -Pages I5-16 (b) Proclamation -National County Government Month -Pages 17-18 (c) Proclamation -National Animal Control Officers Week -Pages 19-20 (d) Proclamation -National Red Cross Month -Pages 21-22 (e) Proclamation -National Volunteer Week -Pages 23-2.1 (f) Resolution -Dan River Wildcats Varsity Basketball Team - Pages• 25-26 (g) Regional One -April Payment -Page 27 PUBLIC HEARINGS Rezoning Cases Case 1: William T. Willis, Jr. & Delores B. Willis - Tunstall District; R-12-008 (R-1, Residential Suburban District to A-1, agricttltta•al District) Case 2: Guy F. Rinker & Janice G. Rinker -Dan River District: R-12-009 (R-1, Residential Suburban District to A-1, agricultural District) Case 3: C-W, Inc. -Westover District: R-12-010 (B-2, Business District, General to RMF, Residential ~~fulti-Family District) Case 4: Dorothy Kelly -Staunton River District: R-12-011 (R-1, Residential Suburban District to A-1, agricultural District) UNFINISHED BUSINESS Expenditure Refund Appropriation - At the March 5, 2012 Board of Supervisors meeting, a motion was made by dir. F.cker, seconded by Mrs. Bowman that required a 10-Day Layover that has now been met. Requires a Roll Call Vote -Pages 30-33 Appropriation for Brosville Industrial Park; Tobacco Grant - At the ~tilarch 5, 2012 Board of Supervisors meeting, a motion was made by Mr. Snead, seconded by Mr. Ecker that required a 10-Day Layover that has now been met. Requires a Roll Call Vote -Pages 3-1-36 NEW BUSINESS 8. Presentation of Certificates of Service -Recreation Advisory Board -Page 38 9. Presentation of the Pittsylvania County Beautification Committee -Page 39 10. Greg Hairston -Legal Aid Society; Notice of Community Forum -Page -10-~11 11. Presentation on Danville Community College's Regional Center for Advanced Technology and Training (RCATT) -Pages -12-50 l2. Recommendations from Finance Committee - Cvmrnittee will meet at .S: OOpm, Tuesday, March 20, 2012 - Pages ~ 1-~ 2 (a) Budget approved for advertisement by the Finance Committee 13. Recommendations from Legislative Committee -Committee will meet at 4:00 pm, Tuesday, March 20, 2012 -Pages 53-5-1 (a) Proposed change to amend the Pittsylvania County Code, Chapter 12, Offenses, ~~' 12.9 relating to registering with the Sheriff s department for unsolicited door-to-door solicitation (b) Discussion of proposed permit to haul scrap metal (c) Discussion of political signs on County property (d) Discussion of aid to elderly on Personal Property Tax and Solid Waste Fee 14. Recommendation from Solid Waste Committee -Committee met on February 29. 2012 - Page S~ (a) Supplement Fuel Appropriation -Pittsylvania County Landfill - At the February 29, 2012 Work Session of the Solid Waste Committee of the Board of Supervisors, a motion was made by James Snead seconded by Brenda Bowman that required a 10- Dcry Layover that has now been met. Requires a Roll Call Vote 15. Notice of Termination of Leases July 1, 2012 - 34 North Main Street, Chatham, VA - Pages ~ 6-57 16. Emergency Services Tower Use Agreement -Pages ~8-61 17. Lease Agreement - Olde Dominion Agricultural Foundation, Inc. and the Pittsylvania County Board of Supervisors -Pages 62-71 18. Accept Tower Property at Dan River Middle School -Pages 72-80 19. Fire/Rescue Emergency Medical Advisory Committee (EMAC) By-Laws -Pages 81-88 20. Deed of Easement; E911 Towers -Set Public Hearing -Pages 89-98 21. Award Auctioneer Contract -old Chatham Elementary School -Page 99 APPOINTMENTS BY THE BOARD 22. Appointment to the Pittsylvania County Beautification Committee (Vicky Collie) - Dan River District -Page 101 23. TO BE STRUCK FROt11 AGENDA BOARD ANNOUNCEMENTS REPORTS FROM LEGAL COUNSEL REPORTS FROM COUNTY ADMINISTRATOR 24. Haven Board Appointment -Pages 105-106 CLOSED SESSION 25. Closed Meeting: Discussion of performance and salaries of employees of any public body; and evaluation ofperformance of departments where such evaluation will necessarily involve discussion of the performance of specific individuals. Authority: §2.2-3711(A)(1) Code of Virginia, 1950, as amended Subject: County Administration Purpose: Discussion of performance and salaries of employees of any public body 26. Closed Meeting: Consultation with legal counsel and briefing by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating posture of the public body and consultation with legal counsel employed by a public body regarding specific legal matters. Authority: §2.2-3711(A)(7) Code of Virginia, 1950, as amended Subject Matter: Comprehensive Services Act -Corrective Action Plan Purpose: Briefing on Legal Status ADJOURNMENT TO BE ADDED P7 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: Letter of Support -Virginia Scenic River Designation 03-20-2012 SUBJECT/PROPOSAL/REQUEST: ACTION: Letter of Support STAFF CONTACT(S): Mr. William D. Sleeper CONSENT AGENDA: ACTION: Yes ATTACHMENTS: Yes ITEM NUMBER: 4(a) INFORMATION: INFORMATION: Attached hereto, is a request for joint action between Pittsylvania County and the City of Danville to initiate a study of the Dan River by the Virginia Department of Conservation and Recreation as a potential Virginia Scenic River designation. The azea to be reviewed is a 14-mile section of the Dan River from the Berry Hill Bridge to Abreu Grogan Park in Danville. Staff recommends the Boazd of Supervisors approve and authorize the County Administrator to write a Letter of Support to the Department of Conservation and Recreation, supporting the proposal of a Scenic River Study of the aforementioned segment of the Dan River. P8 ~C~CO~ t(Citp of ~anbiire, ~irgi JOSEPH C. KING CITY MANAGER EMAIL: kingjc@ci.danvitle.va.us 427 PATTON STREET P. O. Box 3300 DANV-LLE. VIRGINU 24543 JAN 272012 (434) 799`5100 FAx : (434) 7996549 vrww•. danville-va.gov January 20, 2012 Mr. William D. Sleeper Pittsylvania County Administrator 21 North Main Street P.O. Box 426 Chatham, VA 24531 Dear Dan: This is to request a joint action between Pittsylvania County and the City of Danville to initiate a study of the Dan River by the Virginia Department of Conservation and Recreation (DCR) for Virginia Scenic River designation. The 2007 Virginia Outdoors Plan notes the Dan is a "potential Virginia Scenic River and should be evaluated to determine suitability for designation." At the recommendation of the Danville City Council, I recently requested a review of the 14-mile section of the Dan River from the Berry Hill Bridge to Abreu Grogan Park in Danville. As you know, the upper portion of this section features scenic vistas, fishing opportunities and sites of historic interest. To be considered, DCR requires a letter from each Virginia entity bordering the nominated river section. I hope you will join me by submitting a fetter of request to DCR Director David A. Johnson, 203 Governor Street, Suite 302, Richmond, VA 23219 at your earliest convenience. For your information, I have enclosed a copy of the request letter from Danville. I know you recognize the integral role played by the river in the lives of Danville and Pittsylvania County citizens. I believe this action will help to bring a level of recognition to the river that will be advantageous to both governmental entities. Thank you for your consideration of this request. Please feel free to call me if you would like to discuss it in more detail. Sincerely, ose .King City Manager JCIUvIf Enclosure C: Bill Sgrinia, Director of Parks, Recreation & Tourism Greg Sides, Assistant County Administrator P9 ~;"- ~~ ~~ ; ~~' -, 1)ougla. w. Dumencch ~t~,o S~CitICV~ cif lautral Rc~oura ~~MM~I\T~~~,~TH o~ ~~~~~N~A DEP~R1':~~IEN~rOFCOItSERVATION,~VI) RECREAT101v 203 Gu~ernor titrert Richmond. Virginia 23219.2010 1301786-1713 January 6, 2012 Mr. Joseph C. King Danville City Manager Post Office Box 3300 Danville, Virginia 24543 RE: Proposed Scenic River Study of the a Segment of the Dan River Dear Mr. King: Ua~ id .1. JuhnSOn Dirc~tor Thank you for your letter of December 8, 2011, to David A. Johnson, Director of the Department of Conservation and Recreation {DCR), to request an evaluation of a segment of the Dan River to determine its qualifications for Scenic River designation. Your letter specifically identified a 14-mile section of the Dan River from the Berry Hill Bridge to Abreu/Grogan Park. Mr. Johnson has asked that I respond on his behalf, and I hope the following information is helpful to you. Before we can undertake an evaluation of the river segment you propose, DCR will need written confirmation from Pittsylvania County that they too request the study. This could be accomplished by a letter from the County Administrator stating that the Board of Supervisors has approved the request to evaluate the river section for possible designation. This is not a commitment to endorse the designation if the segment qualifies, but only the first step in a process, and the Board can always choose to discontinue seeking designation if they wish. We will be finalizing our plan for this year's Scenic River studies very soon so that the field work is completed by the end of May. Ms. Lynn Crump, Environmental Programs Planner, is the staff person who coordinates the Scenic River program. She can be reached by emailing lynn.crump(a~dcr.virginia.eov or by calling 804.786.5054. Ms. Crump will need a map of the proposed river section and a copy of the City of Danville's comprehensive plan showing support for the protection of natural resources and/or the river. We also ask you for the name and contact information of the person within the Danville government who will be working with Ms. Crump. State Pnrks • Sturmwater A4uuu~emer-t • Outdoor Rerreatiort Plunning rVuturul Heritage • Dnm Snjery and Flnndpluin ;Narrrrgemetrt • Lnnd Carser-~atinrr P10 Mr. Joseph C. King January 6, 2012 Page Two The City of Danville's interest in the Scenic River program is most appreciated. DCR administration and staff are looking forward to working with you to recognize the Dan River as one of the Commonwealth's significant natural resources. I hope we are able to gather the necessary support from Pittsylvania County quickly so we can proceed with a field evaluation in 2012. Si~erely, Danette Poole, Division Director Planning and Recreation Resources C: David A. Johnson, Director, Department of Conservation and Recreation William D. Sleeper, Pittsylvania County Administrator Bill Sgrinia, Director of Danville Parks, Recreation & Tourism Karen Cross, Outdoor Recreation Division Director Danville Parks, Recreation & Tourism Lynn Crump, Environmental Programs Planner Department of Conservation and Recreation P11 JOSEPH C. KING CITY MANAGER EMAIL: Wngjc®ci.danville.va.us December 8, 2011 Mr. David A. Johnson ~itp of ~anbirre, '~irgirtia 427 PATTON STRCrr P. O. BOX 3300 DANVILLL. VIRGINIA 24843 Director, Department of Conservation & Recreation 203 Governor Street, Suite 302 Richmond, VA 23~ ::. Dear Mr. Johnson: (434) 7935100 FAx : (434) 799549 www. danville-va.gov This letter is to request a review of a portion of the Dan River for inclusion in the Virginia Scenic Rivers Program. The river is listed in the 2007 Virginia Outdoors Plan, Chapter X, page 476, as a "potential Virginia Scenic River and should be evaluated to determine suitability for designation." The City of Danville and Danville City Council join our neighbors in Pittsylvania County in submitting this request. The Dan River plays an integral role in the lives of Danville area citizens and attracts many visitors to the area. The upper Dan is a pristine waterway with scenic vistas, fishing opportunities and sites of historic interest. The lower Dan fronts the popular Riverwalk greenway, attracts paddlers and anglers, and exits the City of Danville to wind in a circuitous route between Virginia and North Carolina. tt is our goal to conserve, protect and enhance this valuable natural resource for enjoyment by present and future generations. For the purposes of this study, we are proposing that the upper Dan River from the Berry Hill Bridge to Abreu/Grogan Park in Danville be reviewed for inclusion in the Virginia Scenic Rivers Program. This 14-mile section remains secluded up to the final bend on the approach to the boat docks and ramp where the backwater of the Schoolfield Dam creates slake-like setting. Thank you for your consideration of this request. We look forward to hosting DCR staff and Virginia Scenic Board members on a tour of the Dan this summer. Best Regards, Josep C. King City Manager c. Bill Sgrinia, Director of Parks, Recreation 8~ Tourism Lynn Crump, Environmental Programs Planner, DCR P12 HEARING OF CITIZENS P13 CONSENT AGENDA P14 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Proclamation -National Public Safety Telecommunciations Week Proclamation- National Public Safety Telecommunications Week STAFF CONTACT(S): William D. Sleeper 03-20-2012 ACTION: CONSENT AGENDA: ACTION: Yes ATTACHMENTS: Yes REVIEWED BY: 5(a) INFORMATION: INFORMATION: BACKGROUND: The Board of Supervisors annually passes resolutions to support the dispatchers in the County's Dispatch 911 Center for the work they do to provide safety for the community throughout the year. Attached hereto, is a proclamation establishing the National Public Safety Telecommunications Week for April 10th-16th, 2011 in Pittsylvania County. The Board of Supervisors express their sincere appreciation and honor the men and women who diligence and professionalism keeps the County and citizens of our community safe. Staff recommends the Board of Supervisors approve the attached proclamation and authorize the County Administrator to submit it to the required news media. P15 PITTSYLVANIA COUNTYBDARD OFSUPERVISORS PROCLAMATION NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK April 8~h -14`", 2012 WHEREAS, the Public Safety Dispatchers of the Pittsylvania County Emergency Communications Center, who processed 30, 31 S emergency telephone calls in 2011, are the first and most critical contact that our citizens have with Pittsylvania County's emergency services; and WHEREAS, these dispatchers are the vital link to those calling for help and to police officers, firefighters, and paramedics; and WHEREAS, dispatchers monitor emergency personnel's activities by radio and telephone, and provide them with life saving information to ensure their safety; and WHEREAS, the safety of our police officers, firefighters, and paramedics is dependent upon the quality and accuracy of information obtained by all Emergency Communications Technicians from the citizens who telephone the Pittsylvania County Emergency Communications Center; and WHEREAS, the Public Safety Dispatchers of the Pittsylvania County Emergency Communications Center have contributed significantly to the apprehension of criminals, suppression of ftre and the treatment of patients in life threatening situations; and WHEREAS, each dispatcher, the unseen individual providing a calm voice when emergencies arise, has exhibited compassion, empathy, and professionalism, keeping our county and citizens safe,- WHEREAS, these individuals save countless lives by responding to emergency calls, dispatching emergency personnel and equipment and providing moral support to citizens in distress; and WHEREAS, each dispatcher has exhibited compassion, understanding and professionalism during the performance of their job in the past year; then THEREFORE, BE IT HEREBY PROCLAMED that the Pittsylvania County Board of Supervisors proclaims the week of April 8rh through 14'h, 2012 to be National Telecommunications Week in Pittsylvania County, Virginia, in honor of the men and women whose diligence and professionalism keep our County and citizens safe. Given under my hand this day 20`" day of March, 2012. Tim R. Barber, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors Pi6 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Proclamation -National County Government Month SUBJECT/PROPOSAL/REQUEST: 03-20-2012 ACTION: 5(b) INFORMATION: Proclamation on County Government Month STAFF CONTACT(S): CONSENT AGENDA: ACTION: Yes INFORMATION: William D. Sleeper ATTACHMENTS: Yes BACKGROUND: The National Association of Counties participates in the recognition of National County Government Month, of which Pittsylvania County also recognizes on a annual basis. DISCUSSION: Attached hereto is a proclamation declaring the month of April as National County Government Month in Pittsylvania County. RECOMMENDATION: Staffrecommends the Boazd of Supervisors proclaim April as National County Government Month in Pittsylvania County and direct the County Administrator to notify all news media covering Pittsylvania County. P17 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMATION NATIONAL COUNTY GOVERNMENT MONTH -APRIL 2012 "Healthy Counties, Healthy Families" Whereas, the nation's 3,068 counties provide a variety of essential public services to communities serving more than 300 million Americans; and Whereas, Pittsylvania County and all counties take seriously their responsibility to protect and enhance the health, welfare and safety of its residents in sensible and cost-effective ways; and Whereas, county governments are essential to America's healthcare system and are unique in their responsibility to both finance and deliver health departments through public hospitals and clinics, local health departments, long-term care facilities, mental health services and substance abuse treatment, and coverage programs for the uninsured; and Whereas, county government delivers many important services to America's veterans, military service members and their families, including physical and mental health, housing, employment, and justice; and Whereas, the National Association of Counties President Lenny Eliason is encouraging counties to promote healthy living and lifestyle choices in communities across the country through his 2011-2012 "Healthy Counties" presidential initiative; and Whereas, each year since 1991 the National Association of Counties has encouraged counties across the country to actively promote their own programs and services to the public they serve; then Now, Therefore, Be It Hereby Resolved, that the Pittsylvania County Board of Supervisors do hereby proclaim April 2012 as National County Government Month and encourage all Pittsylvania County officials, employees, schools and residents to participate in county government celebration activities. Given under my hand this 20~' day of March, 2012. Tim R. Barber, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors P18 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Proclamation -National Animal Control Week SUBJECT/PROPOSAL/REOUEST: 03-20-2012 ACTION: 5(c) INFORMATION: Proclamation- National Animal Control Week STAFF CONTACT(S): CONSENT AGENDA: ACTION: Yes INFORMATION: William D. Sleeper ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: Each year, the Board of Supervisors supports the Animal Control Officers in Pittsylvania County, as well as those in other jurisdictions that provide the public safety of animal control in their communities. DISCUSSION: Attached hereto, is a proclamation on Animal Control Appreciation Week for the week of Apri18~'-14~', 2012. The Board of Supervisors is encouraging citizens to join in expressing their sincere appreciation and gratitude for the many hours of service provided by Animal Control Officers and safety for our community. RECOMMENDATION: Staff recommends the Board of Supervisors approve the attached proclamation and direct the County Administrator to submit it to the required news media. P19 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS PROCLAMATION NATIONAL ANIMAL CONTROL APPRECIATION WEEK April Sr" -April 14`"' 2012 VIRGINIA: AT THE ADJOURNED MEETING OF THE PITTSYLVANIA COUNTY BOARD OF SUPERVISORS IN THE GENERAL DISTRICT COURTROOM IN CHATHAM, VIRGINIA ON TUESDAY, MARCH 20, 2012, THE FOLLOWING PROCLAMATION WAS PRESENTED AND ADOPTED: Whereas, the National Animal Control Association has designated the second week in April each year as Animal Control Appreciation Week; and Whereas, the various Federal, State, and Local Government Officials throughout the Country takes this time to recognize, thank, and commend all Animal Control Officers for the dedicated service they provide to the Citizens, various Public Safety, Public Service Agencies and Departments throughout the Country; and Whereas, the Pittsylvania County Board of Supervisors would like to express its sincere thanks and appreciation for the outstanding service the Pittsylvania County Animal Control Department provides on a daily basis to the citizens of Pittsylvania County and to the various Public Safety, Public Services Agencies and Departments; and Whereas, the Pittsylvania County Board of Supervisors recognizes and commends the Animal Control Officers for the many dedicated and long hours of service they perform in serving this community, and for fulfilling their commitment to providing the highest and most efficient level of service; and WHEREAS, the Pittsylvania County Board of Supervisors wishes to commend each and every Animal Control Offrcer for their service, which is in keeping with the long and distinguished tradition of the Animal Control Profession; and Now, Therefore, Be It Hereby Resolved, by the Pittsylvania County Board of Supervisors officially recognize and proclaim the week of April 8`h through 14`", 2012 as National Animal Control Appreciation Week and respectfully asks all Citizens, Public Safety, Health, and Public Service Personnel alike to join in expressing their sincere thanks, gratitude and appreciation for the many long hours of outstanding service and quality performance these outstanding individuals provide throughout the year to assure the safety and welfare of all. Given under my hand this 20`'' day of March, 2012. Tim R. Barber, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors P20 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 03-20-2012 ITEM NUMBER: 5(d) Proclamation -Red Cross Month ACTION: INFORMATION: SUBJECT/PROPOSAL/REQUEST: Ratify Proclamation CONSENT AGENDA: ACTION: Yes INFORMATION: STAFF CONTACT(S): William D. Sleeper ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: March 2012 will be American Red Cross Month. DISCUSSION: The American Red Cross has contributed to the mission of service for individuals in need during disasters, wazs, natural disasters and fires. Wherein, the term American Red Cross is synonymous with helping people. The American Red Cross has been in operation for more than 130 years. Whereas, the local office for American Red Cross has been moved, the closest service office for the American Red Cross is in Martinsville which contains 19 employees, providing support for disasters, lifesaving blood and support for members of military, veterans and their families. Attached hereto is a proclamation declaring March 2012 as American Red Cross Month, encouraging all Americans and the citizens of Pittsylvania County to pledge their support to the American Red Cross, to continue to provide the helping hand necessary during disasters, wars and medical emergencies. RECOMMENDATION: Staff recommends that the Board of Supervisors ratify the attached Proclamation. Because the American Red Cross wanted citizen awareness for the entire month of March, all local media has been notified of March being American Red Cross Month. P21 PITTSYLVANIA COUNTY BDARD OF SUPERVISORS PROCLAMATION AMERICAN RED CROSS MONTH March 2012 Whereas, the American Red Cross hcrs touched many lives in Pitlsylvania County as well as across the country and around the world; and Whereas, during American Red Cross Month, we thank those who contribute to the mission of the Red Cross, whether through time, money or blood, and we invite others to support the Red Cross in helping people in need down the street, across the country and around the world; and Whereas, the American Red Cross is synonymous with helping people, and has been doing so jor more than l30 years. Throughout the past year, the American Red Cross launched hundreds of disaster relief operatio»s in the United States to help people affected by fires, floods, hurricanes and tornadoes. The American Red Cross also .supported major international disasters, including the Japan earthquake and tsunami response, while continuing its work on the 201 D Haiti earthquake response and recovery; and Whereas, in Martinsville, the Red Cross works tirelessly through its one employee and 19 volunteers to support us when disaster strikes, when someone needs life-saving blood, or the comfort of a helping hand. It provides 29-hour support to members of the military, veterans and their families, and provides (raining in CPR, aquatics safety, and fast aid; and Whereas, for nearly 100 years, United States presidents have called vn the American people to support the Red Cross and its humanitarian mission. Our community depends on the American Red Cross and because it is not a government agency, the Red Cross depends on support from the public to continue its humanitarian work This is especially important in these challenging economic times -which impact the Red Cross acrd many people in our community and across the nation; then Now, Therefore, the Pittsylvania Cvunty Board of Supervisors do hereby proclaim March 2012 as American Red Cross Month, and encourage all Americans to support this organization and its noble humonitarian mission 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 Sth day of March 2012. ~. William D. Sleeper, C rk Pittsylvania County Board vfSupervisors P22 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: 03-20-2012 5(e) Proclamation -National Volunteer Week ACTION: INFORMATION: SUBJECT/PROPOSAL/REOUEST: CONSENT AGENDA: Proclamation -National Volunteer Week ACTION: INFORMATION: Yes STAFF CONTACT(S): ATTACHMENTS: Mr. William D. Sleeper Yes , ~~ BACKGROUND: The Board of Supervisors reviews annually the support of the National Volunteer Week, for all of the volunteers who provide a wide variety of services in Pittsylvania County. In order to recognize all of those volunteers that are providing millions of dollars worth of services to the citizens of Pittsylvania County, the Board of Supervisors hereby proclaims the week of April 15-21, 2012, as National Volunteer Week, as identified by the attached Proclamation. Staff recommends the Board of Supervisors approve the attached Proclamation and direct it to be presented to all the news media. P23 PITTSYLVANIA COUNTY BOARD OFSUPERVISORS PROCLAMATION NATIONAL VOLUNTEER WEEK April 15-21, 2012 "Celebrating People in Action" Whereas, the entire community can inspire, equip and mobilize people to take action that changes the world; and Whereas, volunteers can connect with local community service opportunities through hundreds of community service organizations and volunteer centers; and Whereas, individuals and communities are at the center of social change, discovering their power to make a difference; and Whereas, during this week all over the nation, service projects will be performed and volunteers recognized for the commitment to service; and Whereas, the giving of oneself in service to another empowers the giver and the recipient; and Whereas, experience teaches us that government by itself cannot solve all of our nation's social problems; and Whereas, our country's volunteer force of over 63 million is a great treasure; and Whereas, volunteers are vital to vur future as a caring and productive nation; then Now, Therefore, Be It Resolved, that the Pittsylvania County Board of Supervisors proclaims the week of April IS'h - 21ST 2012 to be National Volunteer Week in Pittsylvania County, Virginia, in honor of the citizens who dedicate themselves to taking action and solving problems in the communities within Pittsylvania County. Given under my hand this day 20'h day of March, 2012. Tim R. Barber, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors P24 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Resolution - 2012 Dan River Wildcats Boys Varsity AGENDA DATE: 03-20-2012 5(f) Basketball Team ACTION: INFORMATION: SUBJECT/PROPOSAL/REOUEST: Resolution - 2012 Dan River Wildcats Boys Varsity Basketball Team CONSENT AGENDA: ACTION: Yes INFORMATION: STAFF CONTACT(S): Mr. William D. Sleeper ATTACHMENTS: Yes BACKGROUND: The Dan River Wildcats Varsity Boys Basketball Team had a successful 2012 season that earned them the Dogwood District Title for the regular season, the Dogwood District Title, and the Region B Title. Furthermore, the Associated Press ranked the Dan River Wildcats Varsity Boys Basketball Team #1 in the AP poll the entire season. Attached hereto, is a Resolution for the Board of Supervisors to the Dan River Wildcats Boys Varsity Basketball Team for 2012. Staff recommends the $oard of Supervisors approve and present this Resolution to the Coach and Team Members of the 2012 Dan River Wildcats Boys Varsity Basketball Team. P25 PITTSYLVANIA COUNTY BOARD OF SUPERVISORS RESOLUTION 2012-03-03 VIRGINIA: At the adjourned meeting of the Pittsylvania County Board of Supervisors held on Tuesday, Mazch 20, 2012, the following resolution was presented and adopted congratulating the Dan River Wildcats Boys Varsity Basketball Team on their successful 2012 Season, and their capture the Dogwood District Title and Region B Title: WHEREAS, the 2012 Dan River Wildcats Boys Varsity Basketball Team had a winning season; and WHEREAS, the Dan River Wildcats Boys Varsity Basketball Team, completed their regular season with 25 consecutive wins, earning the Dogwood District regular season title for the third consecutive year and was the #1 ranked team in the Associated Press poll for the whole 2012 season; and WHEREAS, the Dan River Wildcats Boys Varsity Basketball Team went on to capture their second Dogwood District tournament title in four years and continued their winning season by acquiring their first Region B title; and WHEREAS, the Dan River Wildcats Boys Varsity Basketball Team exhibited exemplary sportsmanship and talent as they defeated their opponents in the Dogwood District and in the Region B tournament games; and WHEREAS, the Dan River Wildcats Boys Varsity Basketball Team has performed admirably throughout their winning season of 2012, bringing recognition not only to themselves but to their school, their County, and its citizens; then BE IT HEREBY RESOLVED, that the Pittsylvania County Board of Supervisors, on the behalf of all the citizens of Pittsylvania County, express their sincere appreciation, admiration and congratulations to the 2012 Dan River Wildcats Boys Varsity Basketball Team for their winning season and bringing both the Dogwood District and the Region B Titles to Pittsylvania County; and BE IT FURTHER RESOLVED, that a copy of this Resolution be presented to the Coach and the Members of the 2012 Dan River Wildcats Boys Vazsity Basketball Team. Given under my hand this 20`h day of Mazch, 2012 Tim R. Barber, Chairman Pittsylvania County Board of Supervisors William D. Sleeper, Clerk Pittsylvania County Board of Supervisors P26 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA DATE: AGENDA TITLE: 3-20-2012 Consent Agenda: Regional One-April ~ ACTION: CONSENT AGENDA: SUBJECT/PROPOSAL/REQUEST: ACTION: Yes Approval of Contract Payment to Regional One for March 2012 ATTACHMENTS: No REVIEWED BY: STAFF CONTACT(S): ITEM NUMBER: 5(g) INFORMATION: INFORMATION: At an adjourned meeting, December 22, 2008, the Board of Supervisors approved to begin paying Regional One for back-up ambulance service to the County. At that time, the Board requested that payment to Regional One be approved on a monthly basis. A total of $70,000 has been appropriated for Regional One in the 2012 Budget, which will cover Regional One's monthly cost for the entire budget year. DISCUSSION: It is time to approve payment for Regional One for the month of April. The amount due to Regional One is $5,833.33 per month. This amount has already been appropriated in the FY2012 budget. RECOMMENDATION: Staff recommends that the Board of Supervisors approve $5,833.33 for payment to Regional One for April 2012. P27 PUBLIC HEARING P28 UNFINISHED BUSINESS P29 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 3-20-2012 ITEM NUMBER: 6 Expenditure Refunds-Motion made by Mr. Ecker, ACTION: seconded by Ms. Bowman and has now met the 10-day Yes layover requirement. Requires a roll call vote. Budget Amendment for expenditure refunds STAFF CONTACT(S): CONSENT AGENDA: ACTION: ATTACHMENTS: Yes INFORMATION: INFORMATION: BACKGROUND: DISCUSSION: Attached is a list of expenditure refunds for the month of February, 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 Treasurer, 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: $700.00 TO Sheriff-Wrecker Service (100-4- 031200-3170), $6,059.19 to Sheriff-Vehicle Supplies (100-4-031200-6009), $577.03 to Sheriff-Undercover (100-4-031200-6024), $3,241.91 to Sheriff-Parts (100-4-031200-6030), $4,107.73 to Sheriff-Labor (100-4- 031200-6031), $1,338.11 to Extradition (100-4-033 ] 00-5550), $4,048.00 to Non-departmental-Worker's Compensation (100-4-091200-2700), $7,513.68 to WIA-Rent (251-4-353160-5420), $81.14 to Industrial Development (325-4-081500-8223). MOTION MADE BY MR. ECKER, SECONDED BY MS. BOWMAN AND HAS NOW MET THE 10-DAY LAYOVER REQUIREMENT. REQUIRES A ROLL CALL VOTE. P30 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 3-OS-12 ITEM NUMBER: 13 Expenditure Refunds-Requires a motion and a 10-day I ACTION: layover Yes Budget Amendment for expenditure refunds STAFF CONTACT(S): CONSENT AGENDA: INFORMATION: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: DISCUSSION: Attached is a list of expenditure refunds for the month of February, 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 Treasurer, we need to reappropriate refunds into the budget so the budget would increase with every expenditure refund. Staff recommends the reappropriation of funds as follows: $700.00 TO Sheriff-Wrecker Service (100-4- 03 1 200-3 1 70), $6,059.19 to Sheriff-Vehicle Supplies (100-4-031200-6009), $577.03 to Sheriff-Undercover (100-4-031200-6024), $3,241.91 to Sheriff-Parts (100-4-031200-6030), $4,107.73 to Sheriff-Labor (100-4- 031200-6031), $1,338.11 to Extradition (100-4-033100-5550), $4,048.00 to Non-departmental-Worker's Compensation (100-4-091200-2700), $7,513.68 to WIA-Rent (251-4-353160-5420), $81.14 to Industrial Development (325-4-081500-8223). THIS 1TEM REQUIRES A MOTION AND A 10-DAY LAYOVER. P31 PITTSYLVANIA COUNTY Finance Department P.O. Boa 426 Chatham Virginia 24531 MEMO TO: William D. Sleep FROM: Kim Van Der Hyde Finance Director SUBJECT: January Expenditure Refunds DATE: March 1, 2012 Phone (434) 432-7740 Fan (434) 432-7746 Gretna/Hurt (434) 656-6211 Bachelors Hall/Whitme!! (434) ?97-9550 The list below shows all expenditure refunds that were sent to the Finance Department during the month of February. I am recommending that all of the following expenditure refunds be reappropriated by the Board of Supervisors: 100-4-031200-3170 100-4-031200-6009 100-4-031200-6024 100-4-031200-6030 100-4-031200-6031 VIRGINIA Sheriff-Wrecker Service 700.00 Reimbursement Sheriff-Vehicle Supplies 6,059.19 Reimbursement Sheriff-Undercover 577.03 Reimbursement Sheriff-Parts 3,241.91 Restitution/Insurance Reimbursement Sheriff-Labor Insurance Reimbursement 100-4-033100-5550 Extradition 4,107.73 1,338.11 100-4-091200-2700 Non-Departmental-Worker's Comp 4,048.00 Insurance Reimbursement 251-4-353160-5420 WIA-Rent 7,513.68 Reimbursement (251-3-000000-150201) P32 325-4-081500-8223 Industrial Development 81.14 RIFA Reimbursement TOTAL EXPENDITURE REFUNDS - FEB $ 27,666.79 P33 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 3-20-2012 Appropriation for Brosville Industrial Park -Tobacco Grant -Motion made by Mr. Snead and seconded by ACTION: Mr. Ecker and has now met the 10-day layover Yes requirement. Requires a roll call vote. CONSENT AGENDA: SUBJECT/PROPOSAL/REQUEST: ACTION: Appropriation of Tobacco Funds for the Brosville Industrial Park-Development Ready Sites (Grant ATTACHMENTS: #2471) Yes REVIEWED BY: STAFF CONTACT(S): ITEM NUMBER: 7 INFORMATION: INFORMATION: BACKGROUND: The Board of Supervisors was recently awarded a tobacco grant in the amount of $1,561,842 for the development of sites at the Brosville Industrial Park. This grant does require a $173,539 local match. This grant was approved by the Tobacco Commission on January 20, 2012. A copy of the award letter is attached. The Board of Supervisors needs to appropriate a total of $l,Sb1,842 to the Brosville Industrial Park - Development Ready Sites and approve a transfer of $173,539 from Economic Development to fund the County's local share of this grant. RECOMMENDATION: Staff recommends that the Board amend the Economic Development budget and appropriate $1,561,842 of Tobacco Funds and approve the transfer of $173,539 from Economic Development to the Brosville Industrial Park-Tobacco Grant. MOTION MADE BY MR. SNEAD AND SECONDED BY MR. ECKER AND HAS NOW MET THE 10-DAY LAYOVER REQUIREMENT. REQUIRES A ROLL CALL VOTE. P34 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 3-OS-12 ITEM NUMBER: 12 Appropriation for Brosville Industrial Park -Tobacco Grant - Requires a motion and a 10-day layover ACTION: Yes INFORMATION: SUBJECT/PROPOSAL/REQUEST: Appropriation of Tobacco Funds for the Brosville Industrial Park-Development Ready Sites (Grant #2471) CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Board of Supervisors was recently awarded a tobacco grant in the amount of $1,561,842 for the development of sites at the Brosville Industrial Park. This grant does require a $173,539 local match. This grant was approved by the Tobacco Commission on January 20, 2012. A copy of the award letter is attached. The Board of Supervisors needs to appropriate a total of $1,561,842 to the Brosville Industrial Park - Development Ready Sites and approve a transfer of $173,539 from Economic Development to fund the County's local share of this grant. RECOMMENDATION: Staff recommends that the Boazd amend the Economic Development budget and appropriate $1,Sb1,842 of Tobacco Funds and approve the transfer of $173,539 from Economic Development to the Brosville Industrial Park-Tobacco Grant. REQUIRES A MOTION AND A 10-DAY LAYOVER. P35 The Honorable Terry G. KilRnrr: Chairman The Honorable Frank M. Ruff Vice Chairman Neal E. Noyes Executive Director -~ '" ~~ ~'~ -, ~ , -~- ,` 7D1 E. Franklin Street, Suite 5U1 Richmond, Virginia 23219 8D4-225-2D27 (Phone I I -877-A07- t ORG f Toll-Free I 8D4-786-3210 I Fax I www.uc.virgmra.gov THE VIRGINIA TOBACCO INDEMNIFICATION & COMMUNITY REVITALIZATION COMMISSION lanuan• 20, 2012 Mr. William D. Steeper ~A~ 3 ~ 2012 County Administrator Pitts_vlvania County ~ ~ '-~ ~ - P.O. Box 426 Chatham. VA 24531 RE: Brosville Industrial Park -Development Ready Sites (Grant #2471) Dear Mr. Sleeper: On behalf of the Commission I hcreb}' confirm that }'our request for a grant [o fund the subject project w•as approved on Januan• 10, 2012 in the amount of $1,161,842 subject to an unqualified opinion from the Commissions bond counsel that the intended use is eligible under the terms of our bond issue. Please review the enclosed documents, beginning with the one entitled --Grant Management Issues and Information for Grantees.'- which will guide you through the process of using the grant funds. Your first step will be to complete and return the required documents to this office before funds can be released. Pa}' particular attention to the documcnt~ntitled "Letter of Agreement -Grant Funds" and the exhibits thereto. You must review the document, sign it, d return the same to me no later than Februan• 20.2012. Documents received after that date will cause significant delays in the funding of this grant. Please be aware that you may begin to incur project expenses after Januan• ] 0- 2012, but you bear the risk that, based on the information submitted with your agreement, counsel may not issue an unqualified opinion on your intended use of grant funds. In that unlikely event. w~c will not release grant funds. and you will be solcl}~ responsible for any project costs incurred. The grant is also conditioned upon Commission participation in alJ press conferences or announcements related to this grant. Please contact our office to coordinate any press announcement that you may wish to make. I look forn-ard to working with }~ou to ensure that the funtls awarded by the Commission w•il) bring new jobs and new- opportunities to the citizens in your region. 11Si~~cerel}•, v~ Neal E. No~~es Executive Director Enclosure cc: Mr. Greg Sides P36 NEW BUSINESS P37 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 3-20-12 Service Certificates for the Recreation Advisory Board I ACTION: Yes SUBJECT/PROPOSAL/REQUEST: CONSENT AGENDA: ACTION: Service Certificates STAFF CONTACT(S): William D. Sleeper ATTACHMENTS: No REVIEWED BY: INFORMATION: INFORMATION: The Board of Supervisors appointed an Advisory Board to specifically research the development of a Recreation Department and a Master Plan for the development and operation of a Parks and Recreation. DISCUSSION: The Advisory Board has completed their task and the Board of Supervisors has determined to dissolve the Recreation Advisory Board and thank them for their service. Staff recommends the Board of Supervisors provide Service Awards to the Recreation Advisory Board. P38 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: -20-12 ITEM NUMBER: 9 Presentation of the Beautification Committee SU BJ ECT/PROPOSAL/REQUEST: ACTION: Yes CONSENT AGENDA: ACTION: Presentation of the Committee STAFF CONTACT(S): ATTACHMENTS: No William D. Sleeper REVIEWED BY: INFORMATION: INFORMATION: BACKGROUND: The Board of Supervisors appointed a Beautification Committee to work on the cleanup and beautification of the County. DISCUSSION: The Board of Supervisors wanted to meet and discuss the program with the Committee. This is submitted to the Board of Supervisors for their consideration. P39 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 3-20-12 ITEM NUMBER: 10 Legal Aid Society SUBJECT/PROPOSAL/REQUEST: ACTION: Yes CONSENT AGENDA: ACTION: Greg Hairston -Notice of Community Forum STAFF CONTACT(S): ATTACHMENTS: Yes William D. Sleeper REVIEWED BY: INFORMATION: INFORMATION: BACKGROUND: The Legal Aid Society has provided services to the citizens of Pittsylvania County for many years. Attached is a Notice of Community Forum. RECOMMENDATION: This is submitted to the Board of Supervisors for their information. P40 I~ VIRGINIA LEGAL AID SOCIETY We'd Like Your Opiniont Please come to our Community Forum Monday, April 2, 20 I ~ 3:04-5:00 p.m. Pittsylvania County Department of Social Services 220 H.G. McGhee Drive, Chatham (Refreshments will be served) VIAS is conducting a needs assessment, and invites all Pittsylvania residents to a community forum to gather input about the most important problems facing low- income people in the county. VLAS has received significant funding cuts, and will need to cut back and restructure services if new funding is not obtained this year. For more information about this forum please contact: Greg Hairston, Managing Attorney, 434-799-3550 or gregh~vlas.org. We encourage those who cannot attend to fill in our online needs assessment survey at www.vlas.orQ. Yirginia legal Aid Society (YEAS) is a nonprofit law firm that provides legal information, advice and -epresentation in civil cases to low-income individuals and families. Our mission is to resolve serious legal problems of low-income people, promote economic and family stability, reduce poverty through effective legal assistance, and to champion equal justice. P41 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 3-20-12 ITEM NUMBER: ll Danville Community College (DCC) and the Regional ACTION: Center for Advanced Technology and Training Yes (RCATT) SUBJECT/PROPOSAL/REQUEST: Proposed Expansion STAFF CONTACT(S): William D. Sleeper CONSENT AGENDA: INFORMATION: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: The Board of Supervisors has always supported Danville Community College and the Regional Center for Advanced Technology and Training. The industrial sector has had the need for specialized training that the RCATT facilities provides. RECOMMENDATION: Staff recommends the Board of Supervisors support the proposed expansion of the existing RCATT facility. P42 ~C Danville Community College Serving Danville Halifax County Pittsylvania County 1008 South Main Street Danville, Virginia 24541-4004 March 2, 2012 434'797'2222 TTY: 434.797.8542 ~ax:434.797.854t www.dcc.vccs.edu Mr. W. Dan Sleeper Pittsylvania County Administrator P. O. Box 426 Chatham, VA 24531 Dear Dan: As per our recent telephone conversation, on behalf of DCC's College Board, faculty, staff and students, we are respectfully requesting the opportunity to appear briefly at the Board meeting on March 20, 2012, to discuss the proposed expansion of DCC's Regional Center for Advanced 'Technology and Training (RCATT). Needless to say, we would appreciate the Board's formal endorsement of this initiative. The County's support letter (or resolution) would be part of our capital fund request to the Tobacco Commission. I will be sending you a packet of information next week showing the scope of the proposed expansion for Board and staff review. Thank you for youl° consideration. Very sincerely, ~~ B. Carlyle Ramsey President gb c: The Honorable Tim Barber, Chair Professor Troy Simpson An Equal Opportunity/Affirmative Action College Member, Virginia Community College System P43 A Strategy to BUILD A MORE COMPETITIVE SOUTHERN VIRGINIA ~) ~~ • ~ ~ ~~ ~ ~ CONTRIB ~~ ._: T~^ _"ti• qr 1 ~ , _~ ~~ Pittsylv Board o Marc :7~;v;; k~~r~ ~ , =k x ~,~.1, ,, ~-~, ...o *~ n W A . - v` ~ ~ b ~` ,~ +~ ? 1 `' ~; } ~y~,y ",,~ pervisors . 1, 2012 .„ ''~ 'fir ~+ ~ `. ~ PROPOSED RCATT EXPANSION PROJECT SL1~yIMARY: Danville Community College proposes to expand its Regional Center for Advanced Technology & Training (RCATT), which currently houses most of the college's workforce training programs, to strengthen the current and emerging workforce in order to support the region's economic development. This project will be conducted in partnership with local jurisdictions, economic development entities, and other educational institutions that fall within the footprint of the Southern Virginia Regiona! Alliance (see pg 4 map). DCC will seek approx. $7.5 million from the Tobacco Commission for the costs of construction. The expansion will be LEED certified. I. BACKGROUND: A. "Old-timers" recall that local machinists were trained at the Danville Technical Institute (DCC's predecessor institution) on North Main Street prior to World War II. B. Today, DCC's Precision Machining Technology program is rated as one of the top programs in the state and, indeed, the nation. C. The machining program has enjoyed a 100% graduate placement rate for several years, with some students getting three and four job offers upon graduation. Job offers come not only from local employers, but also from Lynchburg, Greensboro, and beyond. D. DCC's Precision Machining Technology program, as well as the college's line-up of other advanced manufacturing technology programs, will play a critical role in attracting high-end, game-changing industries to the region, supporting the efforts of Southern Virginia economic developers and serving as a vital economic development arm to the Berry Hill Road Industrial Mega Park. P45 II. LOCAL/REGIONAL INDUSTRY PERSPECTIVE: Local and regional companies are strong champions of the important role that DCC's workforce training programs play in supporting critical industry needs: A. Master Gage & Tool Company - Company CEO John Mead is a long- time supporter of DCC and its graduating machinists, stating: "The college's Precision Machining Technology program has a proven reputation for excellence in the development of highly skilled technicians that are in strong demand by the manufacturing companies critical to Virginia's economy. Any expansion of this successful program, by providing a greater number of trained machining technicians, will be a very significant consideration for current and future manufacturing companies looking to expand or to establish a location in Virginia. " B. EIT South - According to former EIT South General Manager Michael Duncan, the company chose Danville over North Carolina (initially their top choice) to open their EIT South plant in 2005 because of the skill levels of DCC's machining program graduates: "We were hoping to capture some of the students taking jobs elsewhere by giving them a chance to work locally in their f eld. " C. Babcock & Wilcox (formerly BWX) -The Lynchburg company has for years relied on the skills coming out of DCC's program to support its machining needs and is, in fact, one of the top employers for DCC machining graduates. Starting pay at Babcock & Wilcox is over $24 per hour, and the company has over the years hired 93 DCC machining program graduates. Ten percent have been promoted into management. III. NATIONAL INDUSTRY PERSPECTIVE: Premier advanced manufacturing and technology training centers elsewhere have enabled those regions to attract and retain large industries/major manufacturers. A. Southeastern Institute of Manufacturing & Technology (STMT) -This 177,000-square-foot training facility (associated with Florence-Darlington Technical College in South Carolina) has been key to the region landing several prominent industries. STMT director Jack Roach noted that two companies (Otis Elevator and Johnson Controls, representing 500+ new jobs) had stated that the deciding factor in their choosing the Florence- Darlington area over other regions was SiMT's manufacturing start-up services, its advanced manufacturing program, and its state-of--the-art precision machining program, which is housed in an 18,000-square-foot complex within the STMT structure. P46 B. Chattanooga State Community College (CSCC) - CSCC Technology Center Director Richard Burke has credited the college's impressive hydraulics, pneumatics, instrumentation, and other labs with being key to landing automotive giant Volkswagen and solar cell manufacturer Wacker, which, combined, represent 2,700 additional regional jobs. IV. PROJECT GOALS: The demand for highly skilled machinists and manufacturing technology specialists continues to grow dramatically and exponentially in areas such as Hampton Roads and other regions in Virginia that are ushering in new waves of high-end jobs. As additional top-tier industries, such as Rolls-Royce, as well as subcontractors to these industries in other regions, look to grow beyond their current reach, Southern Virginia must be poised to meet the demands of such industries the moment they arrive. The proposed RCATT expansion will increase the building's square footage from its current 24,000 square feet to more than 50,000 square feet. Immediate goals and benefits include: A. Double the size of DCC's present Precision Machining Technology program, which will provide additional state-of--the-art lab space and equipment. B. In addition, this will strengthen the college's Advanced Manufacturing and Industrial Maintenance programs. C. Create a "one-stop" economic development showcase that will provide a "wow factor" for DCC's workforce training programs and services. Robs-Royce to Open Second Plant "The second plant would make high precision turbine blades for aircraft engines and is expected to employ 190 people. " Richmond Times-Dispatch, 3/7/2012 DCC's machining program is among the top in the nation, but its limited facility space has led to overcrowding equipment on the shop floor and wait lists of students seeking entry into the program. P47 V. RELATED BENEFITS: Expansion of the RCATT facility will provide additional benefits: A. Moving Precision Machining Technology from the main DCC campus to a larger RCATT facility will provide room for related DCC programs (such as Welding and Building Trades) to expand. B. Expanding RCATT space will enable growth of additional counterpart programs that are already housed in the current RCATT facility - programs such as Alternative Energy, Robotics, Polymers Processing, Nanotechnology, and Additive Manufacturing. C. The expanded space will provide future growth potential for new technologies and industries not yet identified. D. The most important benefit for expanding the current RCATT facility, however, is because such a showcase facility is necessary to support economic development across the Southern Virginia region. We are respectfully requesting your endorsement and support. Thank you! This project will be conducted for the benefit of partners within the footprint of the Southern Virginia Regional Alliance (delineated in shaded area above). 4 P48 Rebecca Flippen From: Glenda Boswell [GBoswell@dcc.vccs.edu] Sent: Monday, March 12, 2012 3:12 PM To: Dan Sleeper; Rebecca Flippen Subject: FW: Agenda Item Attachments: Cover to Pittsylvania County Board of Supervisors.doc; RCATT Expansion Summary Rev 3.doc occ [~anvii~e Gor~nmur March 12, 2012 Mr. W. Dan Sleeper Pittsylvania County Administrator P. O. Box 426 Chatham, VA 24531 Dear Dan: I have enclosed the agenda packet for the forthcoming Board meeting on March 20, 2012, relative to the proposed RCATT expansion. Should the Board of Supervisors respond favorably to our request, a letter of support is sufficient. The Board's support letter will be included in the proposal the College will submit to the Tobacco Commission later this spring. The following DCC administrative/teaching faculty will likely attend the meeting: Dr. Chris Ezell, Vice President of Academic and Student Services Mr. Troy Simpson, Professor of Precision Machining Mr. Shannon Hair, Director of Institutional Advancement Thank you again for your consideration. Very sincerely, P49 ~~ B. Carlyle Ramsey President Attachment P50 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Recommendations from Finance Committee SUBJECT/PROPOSAL/REOUEST: 03-20-2012 ACTION: Yes 12 INFORMATION: Committee Recommendations STAFF CONTACT(S): CONSENT AGENDA: ACTION: INFORMATION: William D. Sleeper ATTACHMENTS: Yes BACKGROUND: The Finance Committee of the Pittsylvania County Board of Supervisors will meet at S:OOpm Tuesday, March 20, 2012. Any recommendations to the Board of Supervisors from the Committee will be submitted following that meeting. (See Attached Agenda). RECOMMENDATION: Staff submits this to the Board of Supervisors for their review and consideration. FINANCE COMMITTEE Pittsylvania County Board of Supervisors Tuesday, March 20, 2012 5:00 pm Conference Room 2 Captain Martin Building 1 Center Street Chatham, Virginia AGENDA 1. Call to Order 5:00 pm 2. Roll Call 3. Approval of Agenda 4. New Business (a) Budget approved for advertisement by the Finance Committee to the full Board of Supervisors 5. Adjournment PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Recommendations from Legislative Committee SUBJECT/PROPOSAL/RE4UEST: 03-20-2012 ACTION: Yes 13 INFORMATION: Committee Recommendations STAFF CONTACT(S): CONSENT AGENDA: ACTION: INFORMATION: William D. Sleeper ATTACHMENTS: Yes BACKGROUND: DISCUSSION: The Legislative Committee of the Pittsylvania County Board of Supervisors will meet at 4:QOpm Tuesday, March 20, 2012. Any recommendations tothe Board of Supervisors from the Committee will be submitted following that meeting. (See Attached Agenda). RECOMMENDATION: Staff submits this to the Board of Supervisors for their review and consideration. P53 LEGISLATIVE COMMITTEE Pittsylvania County Board of Supervisors Tuesday, March 20, 2012 4:00 PM Conference Room 2 Captain Martin Building 1 Center Street Chatham, Virginia AGENDA 1. Call to Order - 4:15 PM 2. Roll Call 3. Approval of Agenda 4. New Business (a) Proposed change to amend the Pittsylvania County Code, Chapter 12, Offenses, § 12.9 relating to registering with the sheriff's department for unsolicited door-to-door solicitation. (b) Discussion of proposed permit to haul scrap metal (c) Discussion of political signs on County property (d} Discussion of aid to elderly on Personas Property Tax and Solid Waste Fee 5. Adjournment P54 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 3-20-2012 ITEM NUMBER: 14 Recommendation from Solid Waste Committee SUBJECT/PROPOSAL/REQUEST: ACTION: Yes CONSENT AGENDA: ACTION: Fuel Appropriation - Pittsylvania County Landfill STAFF CONTACT(S): ATTACHMENTS: No William D. Sleeper REVIEWED BY: INFORMATION: INFORMATION: BACKGROUND: With the changes in the economy, the cost of fuel has risen significantly. Currently, the line items in the Solid Waste Budget do not have adequate balance to provide the necessary fuel for operation. At the February 29, 2012 Work Session of the Solid Waste Committee of the Board of Supervisors, Mr. Snead made a motion, seconded by Mrs. Bowman to appropriate $75,000 from Unappropriated Surplus to the Fuel Line of Solid Waste. This motion has laid over for the required 10-Days. Requires a Roll Call Vote. RECOMMENDATION: Staff recommends the Board of Supervisors appropriate this $75,000 from General Fund Surplus. THIS REQUIRES A ROLL CALL VOTE. P55 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 3-20-2012 ITEM NUMBER: 1S Notice of Termination of Leases SUBJECT/PROPOSAL/REQUEST: Notice to the Landlord on Property STAFF CONTACT(S): William D. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: No REVIEWED BY: INFORMATION: INFORMATION: BACKGROUND: The Board of Supervisors approved the conversion of the Captain Martin Building for County Administration. Both Economic Development and Victim Witness offices will move to the Captain Martin Building and the Moses Building. The overall saving to the County will be over $20,000 currently paying for rent, utilities and solid waste fees. RECOMMENDATION: Staff recommends the Board of Supervisors authorize the County Administrator to send Notice to Billie Reynolds that the County does not intend to continue to lease 34 North Main Street and 38 North Main Street after June 30, 2012. P56 PITTSYLVANIA COUNTY VIRGINIA William D. Sleeper County Administrator P.O. Box 426 Chatham, Virginia 24531 dan.sleeper@pittgov.org Phone (434) 432-7710 Fax (434) 432-7714 Gretna/Hurt (434) 656-6211 Bachelors Hall/VYhitmell (434) 797-9550 March 16, 2012 Ms. Billie W. Reynolds P.O. Box 304 Chatham, VA 24541 Re: Lease Agreement -Pittsylvania County on Real Estate located on 34 N. Main Street and 38 N. Main Street, Chatham, VA Dear Ms. Reynolds; As per our previous conversation, this is officially notify you that the Pittsylvania County Board of Supervisors does not intend to continue the lease at 34 N. Main Street and at 38 N. Main Street, Chatham, Virginia after June 30, 2012. The Lease Agreement for 34 N. Main Street was assigned to the Pittsylvania County Board of Supervisors from the former Pittsylvania County Economic Development Organization, Inc. The date of this lease is December 15, 1998. We have not filed for any renewals of that term. We have been paying monthly rent on a month-to-month basis. The Lease Agreement for 38 N. Main Street is dated July 17, 2007. It was a 3-year contract that ended June 30, 2010. We have not signed any notice of renewals or extensions and have been paying on 38 N. Main Street on a month-to-month basis. It is the intent of Pittsylvania County to remove the Economic Development Office to the new County Administration Building at 1 Center Street in Chatham, Virginia, and the Victim Witness Office to the Moses Building after June 30, 2012. If you should have any questions concerning this notification, please do not hesitate to contact my office. Sincerely, William D. Sleeper County Administrator WDS/rf Cc: Honorable Members of the Pittsylvania County Board of Supervisors J. Vaden Hunt, County Attorney The t ionorable David Grimes. Commonwealth Attorney The Honorable Mike Taylor. Sheriff Greg L. Sides, Assistant County Administrator for Planning and Development Ken L. Bowman, Director of Economic Development P57 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 3-20-2012 ITEM NUMBER: 16 Emergency Services Tower Use Agreement SUBJECT/PROPOSAL/REOUEST: ACTION: Yes CONSENT AGENDA: ACTION: E-911 Towers STAFF CONTACT(S): ATTACHMENTS: Yes William D. Sleeper REVIEWED BY: INFORMATION: INFORMATION: BACKGROUND: The Board of Supervisors has approved an update program for the E-911 System. That system requires eight (8) communication towers to hold the required equipment. DISCUSSION: There is a need for the school system to have better communications and computer data. Therefore, attached hereto is a copy of the Emergency Services Use Agreement with the Pittsylvania CountySchools for the use of the County Towers. RECOMMENDATION: Staff recommends the Board of Supervisors approve the Use Agreement with the Pittsylvania County School to place equipment on the County Tower and authorize the County Administrator to sign on the behalf of the County. P58 EMERGENCY SERVICES TOWER USE AGREEMENT This Emergency Services Tower Use Agreement ("the Agreement") is made and entered into this day of 2012, by and between the BOARD OF SUPERVISORS OF THE COUNTY OF PITTSYLVANIA, VIRGINIA ("BOS"), a political subdivision of the Commonwealth of Virginia, and the SCHOOL BOARD OF THE COUNTY OF PITTSYLVANIA, VIRGINIA ("PCSB"). WHEREAS, it is deemed to be mutually beneficial to both the BOS and the PCBS to enter into this Agreement with regard to the authorized usage of any and all Pittsylvania County Emergency Services' E-911 Towers (the "E-911 Towers"); and WHEREAS, the BOS and PCSB desire that the terms and conditions of the Agreement be established. NOW, THEREFORE, WITNESSETH, that for and in consideration of the mutually agreed to promises and conditions contained herein, the BOS and PCSB, hereby covenant and agree, each with the other, as follows: 1. The County/BOS own and manage the E-911 Towers within the borders of the County. 2. The PCSB provides network communications IP connectivity and has equipment at various E-911 Towers. 3. Both government entities share resources and provide benefits of such equipment to the other without charge. 4. The PCSB shall be able to continue to co-locate equipment on the County's E-911 Towers without charge. PCSB shall, if necessary, pay for a structural analysis report by a certified engineer to ensure that any and all E-91 l Tower would not be overloaded with its equipment prior to installation. 5. In the event that PCSB's equipment shall overload any E-911 Tower, or said equipment would interfere with any and all operations of the County or BOS on any E-911 Tower, the PCSB shall not be allowed to commence said co-location. In the event any overloading or interference occurs after said co-location, the PCSB shall be required to remove any and all of its equipment from said E-911 Tower within a reasonable amount of time, not to exceed sixty (60) days, after receiving notification in writing by the BOS, or its designee. Any and all fees, costs, or charges, of any kind, shall be entirely and wholly borne by the PCSB for said removal. 6. Notwithstanding anything to the contrary contained in this Agreement, nothing in this Agreement is intended or shall be construed to require either party to indemnify or save or hold harmless the other party, including, its officers, agents, and employees, from any liability for any act or omission occurring during or in connection with the performance of this Agreement. 7. This Agreement may be amended only in writing, signed by an authorized representative of each party, and may be terminated at any time by either party giving (30) thirty days written notice to the other party. Page 1 of 2 P59 IN WITNESS WHEREOF, the BOS and the PCSB have caused this Agreement to be executed by its duly authorized representatives, after an affirmative vote at a lawfully advertised and conducted meeting by the BOS and PCSB, all as of the day and year first above written. BOARD OF SUPERVISORS OF THE COUNTY OF P.ITTSYLVANIA, VIRGINIA William D. Sleeper Title: County Administrator STATE OF VIRGINIA CITY/COUNTY OF to wit: The foregoing instrument was acknowledged before me by William D. Sleeper, County Administrator for the County of Pittsylvania County, Virginia, on this day of , 2012. Approved as to form: J. Vaden Hunt, Esq. Pittsylvania County Attorney SCHOOL BOARD OF THE COUNTY OF PITTSYLVANIA, VIRGINIA By: James E. McDaniel Title: Division Superintendent STATE OF VIRGINIA CITY/COUNTY OF to wit: The foregoing instrument was acknowledged before me by James E. McDaniel, Superintendent of the Pittsylvania County School Board, on this day of , 2012. Page 2 of 2 P60 Rebecca Flippen From: J. Vaden Hunt Sent: Wednesday, March 07, 2012 3:53 PM To: Rebecca Flippen Cc: Dan Sleeper; Patsy E. Thompson; Jim Davis Subject: FW: Tower Use Agreement Attachments: Emergency Services Tower Use Agreement.doc See attached. This also needs to go on the next BOS agenda for action. Thanks. J. Vaden Hunt County Attorney Pittsylvania County Attorney's Ofi"ice ~~. . ~,. `1 ~~ ":~i PIT'TSYLVANLA COUNTY ,~ - VIRGINIA 'Cel. (434) 432-7918 Mobile. {434) 822-3$91 Fax. (434) 432-1749 vaden.hunt a,pittgov.org www.pittgov.org/cou n ty_atto rn ey. h tnl VSB #: 65574 21 North Main Street P.O. Box 426 Chatham, VA 24531 TH1S EMAIL AND ANY ATTACHMENTS HERETO ARE CONFIDENTIAL AND NOT FOR REDISTR113UTION. THIS EMAIL ANO ANY ATTACHMENTS MAY NOT t3E RELEASED UNDER THE VIRGINIA FREEDOM OF INFORMATION ACT WITHOUT PRIOR APPROVAL. This email and any attachments may contain confidential personnel matters and/or protected legal information, communications protected by attorney/client privilege, items or information protected by the attorney work product doctrine, information related to pending litigation or prepared in anticipation of litigation, and/or confidential settlement negotiations. Tfie receipt of such information or items by any unauthorized person does not constitute a waiver of those privileges. !f you have received this email or any attachments in error please notify the sender immediately of (434) 432-1704, and by reply email, and delete this email and any attachments to it /rom your in-box, sent items, and deleted items. Thank you. From: J. Vaden Hunt Sent: Wednesday, March 07, 2012 3:51 PM To: Patsy E. Thompson Cc: Dan Sleeper; Jim Davis Subject: Tower Use Agreement Please send this to Janet and ask her to have it acted on by the School Board in addition to the previous documents I have sent her. Thanks. J. Vaden Hunt County Attorney Pittsylvania County Attorney's Office Tel. (434) 432-7918 Mobile. (434) 822-3891 Fax. (434)432-1709 vaden.hunt@pittgov.org www. pittgov.org/coun ty_atto rney.ht m VSB #: 655'74 P61 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: Lease Olde Dominion Agricultural Foundation, Inc. (ODAF) Lease on the Facilities at Olde Dominion Agricultural Complex (ODAC) STAFF CONTACT(S): William D. Sleeper AGENDA DATE: 3-20-2012 ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY: ITEM NUMBER: 17 INFORMATION: INFORMATION: BACKGROUND: The Board of Supervisors has always paid for Virginia Tech Extension Service. In addition, the County has established an office of Agricultural Development. When the ODAC facilities were constructed, all farm and agricultural activities were moved there. DISCUSSION: Last year, the Board of Supervisors approved $50,000 in services and janitorial work in order to help pay the Extension Services rent. This year we are looking at providing the services, janitorial services and HVAC support in exchange for the space for the Extension Service and the Agricultural Development office. RECOMMENDATION: Staff recommends the Board of Supervisors approve the attached lease for space at the Olde Dominion Agricultural Complex and authorize the County Administrator to sign all necessary documentation. P62 LEASE THIS LEASE made this day of 2012, by and between OLDE DOMINION AGRICULTURAL FOUNDATION, INC., a Virginia non-stock, non-profit charitable corporation ("Landlord") and PITTSYLVANIA COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia ("Tenant"). WITNESSETH That for and in consideration of the mutual covenants and agreements herein contained, the parties do hereby covenant and agree as follows: 1. Recitals. Landlord is the owner of Unit 2, Olde Dominion Agricultural Complex, containing 2974 square feet, at the address 19781 U.S. Highway 29 South, Chatham, Virginia (the "Premises"). Pursuant to the terms of this Lease, Landlord desires to lease and demise the Premises to Tenant and Tenant desires to rent the Premises from Landlord. 2. Tenant's Authority to Enter into Lease. Tenant is authorized to enter into this Lease pursuant to Virginia Code §15.2-1800, 22-132.7, and 23-132.8, and a lawful and valid affirmative majority vote by the Pittsylvania County Board of Supervisors (the "Board") at a lawful and valid public meeting held on Tuesday, November 16, 2012. Moreover, Tenant hereby declares, and the Landlord hereby acknowledges, that this Lease is entered into by the Tenant for a "public use" as required by Virginia Code §15.2-1800, as defined in Virginia Code §1-219.1; and, that the Premises shall be open and available, during normal business days and hours, to the public. 3. Lease of the Premises. Landlord hereby Leases and demises, and Tenant hereby rents the Premises under the terms and conditions set forth in the Lease. Landlord warrants and covenants that it has the right to Lease the Premises on such terms and conditions. The Premises is currently free from any zoning or any other restrictions prohibiting Tenant's authorized use or occupancy of the Premises, and the Tenant shall reasonably and quietly hold the Premises for the term of this Lease, as long as Tenant faithfully performs it obligations hereunder. 4. Term of the Lease. The term of this Lease (the "Term") shall be under automatic renewal unless there is a sixty (60) day notice. 5. Rent. In lieu of cash rent, Tenant shall provide services for the benefit of the Olde Dominion Agricultural Complex, including but not limited to, HVAC technical services (customary filter and testing), janitorial services and supplies, solid waste disposal, lawn maintenance, and supplying paper goods for the complex. P63 6. Use of Lease Premises. Tenant agrees to use and occupy the Premises for offices for the Virginia Cooperative Extension Service and the Pittsylvania County Agricultural Development Director. Tenant will not use the Premises or allow the Premises to be used for any other purpose without the prior written consent of the Landlord, which consent shall not be unreasonably withheld. The Premises shall not be used for any purpose, or in any manner, that constitutes a violation of any federal, state or county law, ordinance, rule, or regulation. 7. Responsibilities of Landlord and Tenant: A. Landlord Responsibilities; (1) Structural Components, Capital Expenditurest Fire and Casualty Insurance, Real Estate Taxes. The Landlord shall be responsible for the maintenance and repair of the structural portions of the building, which include the roof, foundation and load-bearing walls outside of the interior of the improvements of the Premises. Landlord shall be responsible for maintaining fire and casualty insurance on the building, fixtures, and other improvements that are part of the Premises, and the common areas of the complex. Tenant shall be named as an additional insured on such fire and casualty insurance; this insurance shall provide ten (10) days written notice to Tenant before termination; and subrogation against Tenant shall be waived. Landlord shall be responsible for the payment of real estate taxes assessed against Premises, and all fees and assessments relating to the Premises. B. Tenant Responsibilities: (1) Maintenance of the Premises. Tenant shall keep the Premises clean and in safe condition, in good order and repair, which responsibility shall include all repairs or replacements that are not the responsibility of the Landlord under Paragraph 7(A) (1) above. As part of maintaining the heating and air conditioning systems, Tenant shall be responsible for the replacement of mechanical system filters as required. All repairs and replacements by the Tenant shall be of at least equal in class and quality to the original equipment and workmanship. Any repairs and replacements made by Tenant, at its expense, to the plumbing, electrical, heating and air conditioning units, fixtures, and facilities must be provided by a qualified licensed contractor, plumber, or electrician. (2) Utilities. During the Term, Tenant shall only be responsible for all separately metered utilities it uses or consumes upon the Premises, including but not limited to, electricity, water, gas, telephone, and cable services provided to the Premises. Landlord will be in default of this Lease in the event of an interruption of utility services. All utilities provided to the Premises that are metered in common with other units shall be the responsibility of the Landlord. (3) Waste Disposal. Tenant agrees to be fully responsible for trash and waste disposal, including the cost of storage and removal of the same from the Premises. Tenant shall abide by all laws, rules, ordinances, and regulations established by any P64 governmental body, entity, or political subdivision with regard to the collection, storage, and disposal of waste on the Premises. (4) Alterations. Tenant shall not alter the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Tenant shall bear the costs of any and all alterations and installations that it makes. Unless the Parties agree in writing otherwise, such alterations shall be the property of Landlord at the termination of this Lease. (5) Environmental Requirements. Hazardous Materials, as herein defined, may only be brought upon the Premises if required in the course of daily operations of the Tenant's business on the Premises. All such Hazardous Materials must be disclosed and approved by Landlord, in writing, which approval shall not be unreasonably withheld. If so approved, such Hazardous Materials shall be used, handled, stored, and disposed of in accordance with applicable laws, regulations, and rules. For purposes of this paragraph and Lease, "Hazardous Materials" means any substance defined as "Hazardous Substances", "Hazardous Waste", "Hazardous Material'', or "Toxic Substances" under any applicable federal, state, or local laws, statutes, ordinances, regulations, orders, or decrees now applicable to the Premises, including but without limitation, those terms as defined by the Resource Conservation Recovery Act of 1957 ("RCRA"), 42 U.S.C. Sec. 6901 et sue; the Comprehensive and Environmental Response Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. Sec. 9601-9b57, as amended by the Superfund Amendments and Reauthorization Act of 1986 "(SARA"), pesticides regulated under FIFRA, PCBs, and other substances regulated under TSCA; chemicals subject to OSHA Hazard Communication Standard, 29 C.F.R. Sect. 1910.1204 et sec ..; and industrial process and pollution control wastes, whether or not hazardous within the meaning of RCRA, or any successor future statues, laws, regulations, orders, or decrees. The term "Environmenta.l Law" means any of the above-referenced federal acts or their state equivalents, or any other federal, state, or local laws and regulations, including without limitations, the Solid Waste Disposal Act, and any and all other statues, ordinances, regulations, orders, or decrees, which are now, or will be in the future, applicable to the Premises during the Term of the Lease. Tenant agrees that it will be solely responsible for any and all fines, penalties, assessments, costs of cleaning up, and remediating the Premises, and all other affected property for any and all Hazardous Materials it brings to the Premises. (6) Insurance on Personal Pro~erty. It shall be the sole responsibility of Tenant to protect and insure all personal property located on Premises against theft, fire, and other perils, whether such personal property is leased under this Lease, or is owned by the Tenant, its representatives, agents, employees, occupants, licensees, guests, invitees, or any other person or entity. Landlord will not be responsible for personal property. (7) Liability Insurance. Tenant shall provide and keep in force, for the protection of the general public and the Landlord, liability insurance against claims far bodily injury or death upon the Premises. Such coverage shall be in a form and in such amounts as may be approved by the Landlord, but in no event shall such coverage be less than one million dollars 4fi5 ($1,000,000.00) for bodily injuries or death on any one (1) person, and two million dollars ($2,000,000.00) for bodily injuries or death to more than one (1) person arising from the same incident or occurrence. Landlord shall be named as an additional insured on such liability insurance; this insurance shall provide ten (10) days written notice to Landlord before termination; and subrogation against the Landlord shall be waived. Upon request of the Landlord, Tenant will provide Landlord with a certificate of insurance or other documentation confirming the insurance is in effect. (8) Reporting_to Landlord. Tenant shall promptly give notice to Landlord of any condition of the Premises that comes to the attention of the Tenant whether through its personal observation, or through reports from its employees, representatives, invitees, or licensees, which may give rise to damage to persons or property. Landlord shall not be liable to Tenant, its employees, licensees, or invitees for failure to make any repairs required by Landlord or damages as a consequence thereof, unless written notice of the necessity thereof has been given by Tenant to Landlord, specifying in reasonable detail the repairs required. 8. Trade, Fixtures and Equ~ment. All trade fixtures and equipment, which are supplied or installed on the Premises as the sole expense of the Tenant, shall be maintained by Tenant and will remain the property of Tenant. Trade fixtures and equipment include all items installed by Tenant that can be removed from the Premises without material damage to the Premises. Landlord shall have no responsibility for this property. Tenant may remove these items within ten (10) days from the termination of this Lease, provided: (i) Tenant is not in default hereunder at the time of termination; (ii) Removal of the items can be accomplished without material damage to the Premises; (iii) Tenant, within a reasonable time (not to exceed thirty (30) days after removal), shall reimburse Landlord for the costs of repairing any and all resulting damages relating to the removal of such fixtures. 9. Damage to Premises b Fire. In the event the Premises is damaged by fire or any other casualty or peril such that makes the Premises untenable in whole or in part, either party may elect to terminate the Term of the Lease, effective as of the date of fire or casualty, by written notice given to the other party within thirty (30) days after such date. All proceeds of fire and casualty insurance policies provided by Landlord shall be paid over to Landlord or its designated loss payee. 10. Eminent Domain. In the event the whole of the Premises (or such a substantial part thereof that is rendered unsuitable for Tenant's purposes) shall be taken by public authority under the power of eminent domain or like-power, this Lease shall terminate as of the date possession is required to be delivered to the appropriate authorities. Landlord shall be entitled to all such awards or damages as may be allowed. Termination of this Lease by condemnation or the exercise of eminent domain shall not deprive Landlord of any remedy which existed prior to the termination. 11. Hold Harmless. Tenant acknowledges that Landlord shall not be liable for any damage to property or injury arising from Tenant's occupation or use of the Premises, except as may be caused by Landlord's failure to perform under this Lease, whether by or from electricity, P66 fire, water, ice, snow, sewage, or any other cause. Landlord will not be liable for any damage or inconveniences to Tenant which may result from the improper functioning of the heating and air conditioning systems, any other mechanical apparatus, facilities, and utilities, whether caused by breakdown, defrosting process, or otherwise. Tenant promises and agrees to insure, protect, and save harmless Landlord from any damages, loss, liabilities, judgments, claims, costs, or expenses resulting or arising from any damages, loss, or expense resulting from the negligent, unlawful, or willful acts or omissions of Tenant, Tenant's employees, representatives, licensees, or invitees, or from Tenant's failure to perform any obligations imposed upon it by law or the provisions of this Lease. Landlord promises and agrees to insure, protect, and save harmless Tenant from any damages, loss, liabilities, judgments, claims, costs, or expenses resulting or arising from any damages, loss, or expense resulting from the negligent, unlawful, or willful acts or omissions of Landlord, Landlord's employees, representatives, licensees, or invitees, or from Landlord's failure to perform any obligations imposed upon it by law or the provisions of this Lease. 12. Entry of Landlord. Upon reasonable notice, Landlord may enter Premises to do any of the following: A. Inspect or protect the Premises; B. Effect compliance with any law, order, or regulation of any lawful authority; C. Make or supervise repairs, alterations, or additions; D. Exhibit the Premises to prospective Tenants, purchasers, or other persons, and within thirty (30) days prior to the expiration of this Lease, to place upon the Premises "To Let" or "For Lease" signs; E. Alter, maintain, or repair the Premises for occupancy at a time after Tenant has vacated the Premises. Authorized entry by Landlord shall not constitute an eviction of Tenant or a prohibition of Tenant's rights, alter the obligations of Tenant, or create any rights in Tenant adverse to Landlord's rights and interests hereunder. 13. Default. As used in the Lease, the term "Event of Default" shall mean any of the following: A. For the Tenant: (1) Tenant's failure to provide the services as agreed and set forth under Paragraph 4 of this Lease, or to pay any other amounts payable by Tenant to Landlord hereunder within thirty (30) days after such are due and payable; P67 (2) Tenant's failure, after receipt of demand from Landlord, to fulfill within a reasonable time any obligation imposed on Tenant by this Lease; (3) Tenant abandons or vacates the Premises. B. For the Landlord; (1) Landlord's failure after receipt of demand from Tenant to fulfill, within a reasonable time, any obligation imposed on Landlord by this Lease. Upon the happening of an "Event of Default", Landlord, at its option, may: If default consists, in whole or in part, of Tenant's failure to comply with the terms of this Lease, after thirty (30) days notice by Landlord or Tenant, Landlord may either terminate the Lease, or terminate the Tenant's right to possession without terminating the Lease. Upon termination of this Lease, for any reason, or upon termination of Tenant's right of possession, Tenant shall promptly surrender possession to Landlord and vacate the Premises, or Landlord may re-enter the Premises, by force if required, and expel the Tenant or anyone claiming under the Lease and remove the property of any of them upon reasonable notice, Landlord being absolved of any liability or claim for damages for doing anything reasonably necessary or appropriate in connection therewith. Landlord's taking of possession shall not deprive Landlord of any right or remedy available under this Lease, or at law or in equity. Tenant will be responsible for all costs and expenses incurred by Landlord, including reasonable attorney's fees, in taking possession, or any amounts which may be due from Tenant to Landlord, or which may become due. Any personal property of Tenant or others through Tenant which is left on the Premises and not removed within thirty (30) days after termination shall be deemed abandoned by the Tenant, and may be sold by Landlord and the proceeds applied against costs, fees, damages, or other liabilities of Tenant under this Lease. Tenant hereby appoints Landlord as its attorney-in-fact for this purpose, and Landlord's authority shall not terminate upon the disability of Tenant or any one (1) of them. Landlord will be responsible for all costs and expenses incurred by Tenant, including reasonable attorney's fees, if Tenant is required to take any action against Landlord for failure to perform its obligations under this Lease. 14. Notice and Reports. Any notice, reports, statements, approvals, consent, resignation, demand, or request given, and any options or elections to be exercised by a party under the provisions of the Lease, shall be effective only I made in writing, by hand-delivery, with signed dated receipts thereof, delivered by certified or registered mail, or some other form of acceptable delivery with commands a receipt of delivery, to the other party at the applicable address set forth below. However, either party may designate a different address by giving the other party written notice of the change. Tenant shall pay rentals payable to Landlord at the same address prescribed for deliver of written notice. P68 15. Notice. Notice to Landlord or Tenant shall be deemed given, if by hand-delivery, when delivered, or if by mail or some other form of delivery, which commands a receipt, when mailed or delivered to carrier as follows: To Landlord: Olde Dominion Agricultural Foundation 19781 [.~.5. Highway 29 South Chatham, Virginia 24531 Copy to: Robert T. Vaughan, Jr. 772 Main Street Danville, Virginia 24541 To Tenant: Pittsylvania County, Virginia c/o William D. Sleeper Pittsylvania County Administrator 21 N. Main Street P.O. Box 426 Chatham, Virginia 24531 Copy to: J. Vaden Hunt Pittsylvania County Attorney 21 N. Main Street P.O. Box 426 Chatham, Virginia 24531 16. Sublettingand Assignment. Tenant shall not have the right or authority to assign or sublet the Premises without prior written consent of Landlord. 17. Condition of the Premises upon Termination. Upon termination, Tenant will leave the Premises in good repair. In so doing, Tenant will have the Premises thoroughly cleaned and repaired prior to the surrender of possession to its same condition as the commencement of this Lease, reasonable weaz and tear excepted. If Landlord is required to clean and/or repair the Premises after termination, the related cost and expense will be charged to Tenant. 18. Consultant. Landlord and Tenant acknowledge that there has not been a licensed real estate sales person involved in the negotiation of this Lease on behalf of either Party, who is under an agreement to receive a commission. P69 19. Construction of the Lease. This Lease shall be construed and enforced according to the laws of the Commonwealth of Virginia. Headings relating to the contents of a particular paragraph are inserted only for the purpose of convenience, and are not be construed as parts of any particular paragraphs to which they refer. Any exhibit attached to this Lease shall be deemed an original part of this Lease only if initialed by the parties and bearing the same date as the Lease. The failure of either Party to insist upon strict performance of any of the covenants or conditions of this Lease shall not be deemed a waiver of any such covenants, conditions, or options upon a future breach. This Lease contains all of the understandings between the Parties, and may not be modified, except in writing, signed by all parties hereto or their successors. This Lease shall be binding upon the Parties, their heirs, estates, assigns, or other successors in interest. 20. Recordation of Memorandum of Lease. Upon the request of either Party, the other Party will, in good faith, cooperate in the preparation and execution of recordable instruments describing the Parties, the Premises, the basic terms of this Lease, and other such portions hereof as either Party may desire to be included in such instrument. The Party designed to record such instrument may do so at its expense. 21. Signing Effective Lease. All rights and liabilities hereunder shall benefit and bind the successors, heirs, and assigns of the Parties. IN WITNESS whereof, Landlord and Tenant have each caused these presents to be appropriately executed. P70 LANDLORD: Dated: COMMONWEALTH OF VIRGINIA Olde Dominion Agricultural Foundation, Inc. A Virginia non-stock, non-profit corporation By: _ Title: (SEAL) CITY OF DANVILLE; TO-WIT The foregoing lease instrument was acknowledged before me by on behalf of Olde Dominion Agricultural Foundation, Inc. in his/her capacity as this day of , 2012. My Commission expires: Notary Public TENANT: Dated: Pittsylvania County, Virginia By: _ Title: COMMONWEALTH OF VIRGINIA COUNTY OF PITTSYLVANIA; TO-WIT The foregoing lease instrument was acknowledged before me by on behalf of Pittsylvania County. in his/her capacity as day of , 2012. My Commission expires: Notary Public P71 (SEAL) this PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 3-20-2012 ITEM NUMBER: 18 Accept Tower Property at Dan River Middle School SUBJECT/PROPOSAL/REQUEST: ACTION: Yes CONSENT AGENDA: ACTION: Property Transfer STAFF CONTACT(S): ATTACHMENTS: Yes William D. Sleeper REVIEWED BY: INFORMATION: INFORMATION: BACKGROUND: The Board of Supervisors has developed the new Emergency Communication System which requires the use of the property at the Dan River Middle School. DISCUSSION: The School Board has to surplus the property necessary with a deed of transfer to the Board of Supervisors. Therefore, the Board of Supervisors must vote to accept the property. RECOMMENDATION: Staff recommends the Board of Supervisors accept the property from the School Board for the tower site at the Dan River Middle School. P72 This Deed is exempt from the recordation taxes imposed by § 58.1-802 of the Code of Virginia, 1950, as amended, pursuant to § 58.1-8 t 1 C. The existence of title insurance is unknown to the Preparer. This Deedprepared bv: J. Vaden Hunt, Esq. Pittsylvania County Attorney 34 N. Main Street P.O. Box 426 Chatham, Virginia 24531 VSBtI 65574 Part of PIN: 2346-68-3751 DEED THIS DEED made and entered into this ~ day of March, 2012, by and between the School Board of Pittsylvania County, Virginia, acting by and through its duly authorized Division Superintendent, James E. McDaniel, party of the first part, Grantor, and the Board of Supervisors of Pittsylvania County, Virginia, acting by and through its duly authorized Chairman of the Board, Tim R. Barber, party of the second part, Grantee. WHEREAS, the School Board of Pittsylvania County, Virginia, has determined that it has no use for, or a better use exists for the hereinafter described real property, namely to assist Pittsylvania County, Virginia, in the protection of all its citizens, with the upfit of its E-911 emergency response system; and WHEREAS, the School Board of Pittsylvania County, Virginia, has determined that it is in the best interest of the School Board and the Board of Supervisors of Pittsylvania County, Virginia, to convey title of the hereinafter described real property to the Board of Supervisors of Pittsylvania County, Virginia; and WHEREAS, by resolution duly adopted by the School Board of Pittsylvania County, Virginia on the _ day of March, 2012, a copy of which is attached hereto and incorporated in this Deed by reference, the School Board of Pittsylvania County, Virginia, has determined that the hereinafter described real property is surplus and authorized its Division Superintendent, James E. McDaniel, to sign this Deed on its behalf; now wherefore this Deed. WITNESSETH: That for and in consideration of the sum of one dollar ($1.00), cash in hand paid, and other good and valuable consideration. in receipt and sufficiency of which is hereby acknowledged by the party of the first part, the said party of the first part does hereby grant, bargain, sell, and convey with GENERAL WARRANTY OF TITLE unto the Board of Supervisors of Pittsylvania County, Virginia, its successors and assigns, the following described real estate, to-wit: All that certain tract or parcel of land, with improvements thereon and all appurtenances thereunto, if any, pertaining, belonging, and lying in the Dan River Magisterial District of Pittsylvania County, Virginia, and more particularly described as follows: 2.$75 acre P73 parcel, part of GPIN: 2349-68-3751, labeled as Lot I, as shown on plat of survey entitled "Plat of Boundary Survey For Pittsylvania County Board of Supervisors, Dan River Magisterial District, Pittsylvania County, Virginia," dated February 7, 2012, created by William R. Powell, Land Surveyor, License Number 002910, of Dewberry & Davis, Inc., which plat is attached hereto and made a part hereof, evidenced by documents recorded as Instrument Number 02-2237, and contained in Map Book 43, page 311 J. In compliance with the provisions of Section 15.2-1803 of the Code of Virginia, 1950, as amended, this Deed is in the form approved by J. Vaden Hunt, Esq., County Attorney for Pittsylvania County, Virginia, as evidenced by his execution hereof. In compliance with the provisions of Section 15.2-1803 amended, this deed is accepted by Tim R. Barber, Chairm Pittsylvania County, Virginia, on behalf of the Board of Su Virginia, he having been authorized to so act on behalf of adopted by the Board of Supervisors of Pittsylvania County a 2012. WITNESS the following signatures and seals: of the Code of Virginia, 1950, as an of the Board of Supervisors of pervisors of Pittsylvania County, said County by Resolution duly t a meeting held on , THE SCHOOL BOARD OF PITTSYLVANIA COUNTY, VIRGINIA By (SEAL) James E. McDaniel, Division Superintendent, School Board of Pittsylvania County, Virginia Attest: Janet F. Hancock, Clerk School Board of Pittsylvania County, Virginia STATE OF VIRGINIA CITY/COUNTY OF to wit: The foregoing instrument was acknowledged before me by James E. McDaniel, Division Superintendent, School Board of Pittsylvania County, Virginia, on this day of 2012. NOTARY PUBLIC P74 THE BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA By (SEAL) Tim R. Barber, Chairman Board of Supervisors of Pittsylvania County, Virginia Attest: William D. Sleeper, Clerk Board of Supervisors of Pittsylvania County, Virginia Approved as to Form: J. Vaden Hunt, Esq. Pittsylvania County Attorney STATE OF VIRGINIA CITY/COUNTY OF to wit: The foregoing instrument was acknowledged before me by Tim R. Barber, Chairman Board of Supervisors of Pittsylvania County, Virginia, on this day of 2012. NOTARY PUBLIC My Commission expires: P75 s~re 1 ~ - - -~w.. _ y~ ;~ .__.. \~ I M YIGnI Y Y y ~ r ~ ~,e~ \ ~'G ~' 1 .r"" .m°wo: c'wM.i~06.>..'m~.s~ ~ j O . , isn% ca... nr ~~ ,~ ~ ~ . ~.; .,~~ ' : g ~ n~ ~ w~wc e. s~r~cm. am .ors W ~ t z 6 a • l ~ ~ ~ Q ` M x ~, ~ ; ~ ~~ ~ l r Q ~~ ~ \ ' F ~~.~ a m ~~.~ ~~~ ,}o~~ ~~ \ 'a ` M1:1L 3 f'01~1~ ~ Q' a W ~!ne b ~~\• ~ t-er v. o a:\~\ qF .,~~~ ~, ,.,~, \~ ~ , _ _ _ \,~ /"~ ~ w o.o.~ ..~....w a . awov ...c a.n / Z ~, o ..~~ r.uu.n ~nar ~ orm o . su ~~ u.~~-.n~ ..m oo ~ '~ /N' ~ F ^~ xw ~•x ~ ~o.°1ro ~~s`acr ,rxroc .onr. ma u P ~ eorra. w Mc nwvn P76 RESOLUTION PITISYLVANIA COUNTY SCHOOL BOARD March _, 2012 Resolution #: WHEREAS, the School Board of Pittsylvania County, Virginia, has determined that it has no use for, or a better use exists for the hereinafter described real property, namely to assist Pittsylvania County, Virginia, in the protection of all its citizens, with the upfit of its E-911 emergency response system: All that certain tract or parcel of land, with improvements thereon and all appurtenances thereunto, if any, pertaining, belonging, and lying in the Dan River Magisterial District of Pittsylvania County, Virginia, and more particularly described as follows: 2.875 acre parcel, part of GPIN: 2349-68-3751, labeled as Lot 1, as shown on plat of survey entitled "Plat of Boundary Survey For Pittsylvania County Board of Supervisors, Dan River Magisterial District, Pittsylvania County, Virginia," dated February 7, 2012, created by William R. Powell, Land Surveyor, License Number 002910, of Dewberry & Davis, Inc., which plat is expressly incorporated by reference herein, evidenced by documents recorded as Instrument Number 02-2237, and contained in Map Book 43, page 31 lJ; and WHEREAS, the School Board of Pittsylvania County, Virginia, by this resolution, declares that the aforesaid property is hereby deemed to be surplus, and the said School Board of Pittsylvania County, Virginia, does hereby state its desire, pursuant to Section 22.1-129. Code of Virginia, ]950, as amended, to vest title of said property in the Board of Supervisors of Pittsylvania County, Virginia; and WHEREAS, Section 22.1-129, Code of Virginia, 1950, as amended, requires that this Resolution and a Deed conveying said property to the Board of Supervisors of Pittsylvania County, Virginia, be recorded in the Office of the Clerk of the Circuit Court of Pittsylvania County, Virginia, BE IT HEREBY RESOLVED that the Chairman of the School Board of Pittsylvania County, Virginia, is hereby authorized to sign this Resolution on behalf of the School Board, which shall be duly attested by the Clerk of the School Board, and the Division Superintendent of the School Board of Pittsylvania County, Virginia, is hereby authorized to execute a Deed conveying said property to the Board of Supervisors of Pittsylvania County, Virginia. The C 1 erk of the School Board is hereby directed to deliver a certified copy of this Resolution to J. Vaden Hunt, Esq., County Attorney for Pittsylvania County, Virginia, such that the same may be recorded in accordance with law. P77 Chairman Pittsylvania County School Board Attest: Janet F. Hancock, Clerk School Board of Pittsylvania County, Virginia STATE OF VIRGINIA CITY/COUNTY OF to wit: The foregoing instrument was acknowledged before me by ,Chairman, School Board of Pittsylvania County, Virginia, on this day of , zolz. P78 RESOLUTION BOARD OF SUPERVISORS OF PITTSYLVANIA COUNTY, VIRGINIA March _, 2012 # 2012- - VIRGINIA: At a regular meeting of the Board of Supervisors of Pittsylvania County, Virginia, held on the _ day of March, 2012, it was duly moved and seconded: WHEREAS, the School Board of Pittsylvania County, Virginia, has determined that it has no use for, or a better use exists for the hereinafter described real property, namely to assist Pittsylvania County, Virginia, in the protection of all its citizens, with the upfit of its E-911 emergency response system: All that certain tract or parcel of land, with improvements thereon and all appurtenances thereunto, if any, pertaining, belonging, and lying in the Dan River Magisterial District of Pittsylvania County, Virginia, and more particularly described as follows: 2.875 acre parcel, part of GPIN: 2349-68-3751, labeled as Lot 1, as shown on plat of survey entitled "Plat of Boundary Survey fior Pittsylvania County Board of Supervisors, Dan River Magisterial District, Pittsylvania County, Virginia," dated February 7, 2012, created by William R. Powell, Land Surveyor, License Number 002910, of Dewberry & Davis, Inc., which plat is expressly incorporated by reference herein, evidenced by documents recorded as Instrument Number 02-2237, and contained in Map Book 43, page 311J; and WHEREAS, the School Board of Pittsylvania County, Virginia, has adopted a resolution declaring that the aforesaid property is deemed to be surplus, and stating its intention to convey such property to the Board of Supervisors of Pittsylvania County, Virginia. NOW, THEREFORE, BE 1T RESOLVED, that the Board of Supervisors of Pittsylvania County, Virginia, does hereby accept the conveyance of the aforementioned real property pursuant to Section 22.1-129, Code of Virginia, 1950, as amended, and the Board of Supervisors of Pittsylvania County, Virginia, does hereby authorize its duly appointed County Attorney, J. Vaden Hunt, Esq., to draft an appropriate Deed to convey said property from the School Board of Pittsylvania County, Virginia, to the Board of Supervisors of Pittsylvania County, Virginia, and does hereby authorize the duly appointed Chairman of the Board of Supervisors of Pittsylvania County, Virginia, Tim R. Barber, to execute said Deed on behalf of the Board of Supervisors ofPittsylvania County, Virginia. And the Motion carried by unanimous vote of those present. P79 Tim R. Barber, Chairman Board of Supervisors of Pittsylvania County, Virginia Attest: William D. Sleeper, Clerk and County Administrator for Pittsylvania County, Virginia STATE OF VIRGINIA CITY/COUNTY OF to wit: The foregoing instrument was acknowledged before me by Tim R. Barber, Chairman Board of Supervisors of Pittsylvania County, Virginia on this day of 2012. NOTARY PUBLIC My Commission expires: P80 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 3-20-2012 ITEM NUMBER: 19 Fire/Rescue Emergency Medical Advisory Committee ACTION: (EMAC) Bylaws Yes SUBJECT/PROPOSAL/REQUEST: CONSENT AGENDA: ACTION: Approval of Bylaws STAFF CONTACT(S): William D. Sleeper ATTACHMENTS: Yes REVIEWED BY: INFORMATION: INFORMATION: BACKGROUND: The Board of Supervisors set up an Ambulance Billing System in Pittsylvania County. That system is operated by an Emergency Medical Advisory Committee (EMAC) set up by Chapter 31 of the Pittsylvania County Code. DISCUSSION: The County Code requires the EMAC to adopt bylaws and present them to the Board of Supervisors for approval. Attached hereto are the EMAC Bylaws for approval. RECOMMENDATION: Staff recommends the Board of Supervisors approve the EMAC Bylaws which sets terms of office for the appointees. P81 BYLAWS FIRE /RESCUE EMERGENCY MEDICAL SERVICE ADVISORY Name ARTICLE 1 The name of this organization shall be the Fire /Rescue Emergency Medical Service Advisory Committee, hereafter referred to as "EMAC". ARTICLE 2 Function The Committee shall assist Pittsylvania County to assure the provision of adequate and continuing emergency services and to preserve, protect, and promote the public health, safety, and general welfare and shall have the following powers and duties: (1) Review and make recommendations regarding all applications for assignment of ambulance service; (2) Periodically review the performance of ambulance service providers within Pittsylvania County; and (3) Periodically review the Pittsylvania County Emergency Ambulance Service Area Plan and make recommendations to the Board of Supervisors including, but not limited to: (a) Review standard Service fees for Emergency Transport Program; recommendations regarding improvement and/or new standards as required by Virginia Code §32.1-1 11.1.14, 1950, as amended. ARTICLE 3 Membership Section 1. Number and Selection: The Committee shall consist of nine (9) members as follows: • Five (5) members appointed by the Participating Agencies of Pittsylvania County Fire and Rescue Association; • One (1) representative who is an officer of the Pittsylvania County Fire and Rescue Association; • One (1) representative appointed from the Board of Supervisors of Pittsylvania County, Virginia; 1of7 P82 • One (1) ex-officio representative from local medical community; and • One (1) ex-officio representative from Emergency Communication Department. Section 2. Terms of Office: Terms shall be three (3) years. Any member may serve successive terms if reappointed by the EMAC. Terms begin on July 1 and end on June 30. Terms shall be staggered, with two (2) members' terms expiring each year. Section 3. Responsibilities: Committee members shall regularly attend meetings of the Committee and any meetings of the subcommittees to which they are appointed, and shall fulfill other duties as appointed by the Chairman. Section 4. Termination of Membership: The EMAC may remove appointees for: (1) Failure to attend three (3) or more consecutive regular committee meetings; (2) The EMAC may also remove any appointee for cause, following public hearing, for reasons including, but not limited to: (a) Commission of a felony; (b) Corruptness; (c) Intentional violation of open meetings law; (d) Failure to declare conflicts of interest; and (e) Incompetence. Section 5. Vacancies: The EMAC shall make appointments to fill vacancies as they occur. Such appointments shall be for the duration of the unexpired term of that position. Section 6. Ex-officio Members: Such ex-officio members may participate in discussions, deliberations, and subcommittees, but shall not be allowed to vote and shall not be counted when determining whether a quorum exists. ARTICLE 4 Officers The following officers shall be elected from the Committee membership during the first meeting of each calendar year: • Chair: The Chair shall have the responsibility of conducting all meetings and hearings in an orderly manner. The Chair may not initiate a motion, but may second, and shall vote on each issue after the question is called. 2 of 7 P83 • Vice-Chair: The Vice-Chair shall be responsible for conducting the meetings and hearings in the absence of the Chair. Subcommittees ARTICLE 5 Section 1. Creation of Subcommittees: The Committee shall have the power to create subcommittees with such responsibilities as the Committee directs. Section 2. Naming of Subcommittees: The Chair shall appoint and charge each subcommittee with its responsibilities, shall appoint the members of the subcommittee, and shall appoint the chair of the subcommittee in the event the subcommittee consists of more than one (1) person. The subcommittee Chair shall be responsible for scheduling meetings, assigning specific tasks within the mandate of the subcommittee, and reporting to the Committee concerning the work of the subcommittee. ARTICLE 6 Advisors The Committee and the subcommittees may call on lay citizens and professionals as advisors without voting rights to provide technical assistance, participate in deliberations, and attend meetings to the extent deemed appropriate by the Chair. Meetings ARTICLE 7 Section 1. Regular Meetings: Meetings shall be held quarterly or more frequently when called by the Chair of the Committee. Section 2. Special Meetings: Special meetings may be called by the Chair by giving the members and the or verbal notice at least twenty-four (24) hours before the meeting. Section 3. Quorum: A simple majority of the voting membership shall constitute a quorum. All business conducted with a majority vote of the quorum shall stand as the official action of the Committee. Section 4. Voting: Each Committee member, except ex-officio members, shall have one (1) vote. In the event the Chair's vote shall create a tie vote, the Chair shall refrain from voting. Section 5. Staffing: Staff for recording the proceedings of the EMAC shall be provided by the EMAC. 3of7 P84 Section 6. Agenda: The Chair, with the assistance of the Vice-Chair, or his/her designee, shall prepare the agenda of items requiring Committee action, shall add items of business as may be requested by individual Committee members and/or special community request, and shall submit the agenda to EMAC members prior to the regular/special meeting. Nothing shall be added to the agenda after submission of the agenda to EMAC members, unless it is with the unanimous consent of the EMAC Board. Any item not allowed to be added to the agenda shall be included on the subsequent meeting's agenda, unless withdrawn by the advocate EMAC member. Section 7. Notice: All members shall be given written or verbal notice of time, date, location, and purpose of the meetings at least three (3) days before a regular Committee meeting, and written or verbal notice one (1) day before a special meeting. In the event a member is provided with less than three (3) days written or verbal notice of a regular meeting, or less than one (1) day actual notice of a special meeting, and objects to the proceedings based on a lack of adequate notice, all business conducted at that meeting shall be reconsidered at the next regular meeting or at a special meeting called with adequate notice. Section 8. Minutes: Minutes recording all motions and subsequent action including the number of yes or no votes on each issue shall be taken. In addition, all conflicts of interest shall be noted. Minutes of all meetings shall be maintained by the EMAC. ARTICLE 8 Public Records and Meeting Law The Committee is a public body to assure the provision of adequate and continuing emergency services and to preserve, protect and promote the public health, safety, and general welfare, and is subject to the statutory procedures related to public records and meetings. ARTICLE 9 Parliamentary Procedure The current edition of Robert's Rules of Order shall govern the Committee where not inconsistent with these by-laws or any special rules of order the Committee shall adopt. ARTICLE 10 Conflict of Interest A conflict of interest shall be declared by any member who has a conflict of interest as defined by the Virginia Conflicts of Interest Act, prior to taking any action on the matter causing the conflict. ARTICLE lI 4of7 P85 By-Law Amendments These by-laws may be amended by the EMAC upon its own motion. Prior to an amendment, the EMAC may request a recommendation from the Committee, which may recommend changes at any regular meeting of the Committee by atwo-thirds (2/3) vote of the membership, provided that the recommended amendment has been submitted in writing to the Committee members no later than three (3}days before the regular meeting. Adopted this day of , 2011. Signed this day of , 2011. Chairman EMAC Chairman, Board of Supervisors of Pittsylvania County, Virginia Approved As to Form: J. Vaden Hunt, Esq. Pittsylvania County Attorney 5 of 7 P86 EXHIBIT 1 EMAC PARTCIPATING VOLUNTEER FIRE AND RESCUE SOUADS 1. Squad 13 Cool Branch Rescue 2. Squad 14 640 Community Rescue 3. Squad 27 Mount Cross Fire/ Rescue 4. Squad 34 Blairs Fire Department 5. Squad 35 Callands Fire/Rescue 6. Squad 36 Laurel Grove Fire/Rescue 6of7 P87 EXHIBIT 2 Definitions: 1. Permitted Agencies: Those emergency medical service transport agencies authorized to provide emergency medical services, basic life support, and/or advanced life support who are officially recognized in Section 16-2(a), Code of Pittsylvania County, Virginia ("PCC"). 2. Participating Agencies: Those emergency medical service transport agencies who provide basic life support and/or advanced life support recognized as Permitted Agencies in PCC Section 16-2(a), and who have entered into a Memorandum of Understanding and have been approved to participate in the Service Fee for Emergency Ambulance Transport Program, pursuant to Virginia Code §32.1-111.1.14, 1950, as amended. 3. Emergency Medical Transport System: All components of Emergency Medical Transportation available within Pittsylvania County, Virginia. 4. Basic Life Support ("BLS"): Services shall be medical treatment or procedures provided to a patient as defined by the National Emergency Medical Services ("EMS") Educational and Practices Blueprint for the Emergency Medical Technician ("EMT")-Basic. 5. Advanced Life Support Level 1 ("ALS-1 "): Services shall be medical treatment or procedures provided to a patient beyond the scope of an EMT-Basic as defined by the National EMS Education and Practice Blueprint. 6. Advanced Life Support Level 2 ("ALS-2"): Services shall be defined as advanced life support (ALS) services provided to a patient including any of the following medical procedures: (i) manual defibrillation/cardioversion, (ii) endotrachael intubation, (iii) intra-venous line, (iv) cardiac pacing, (v) chest decompression, (vi) surgical airway, or (vii) intraosseous line, and the administration of three (3) or more medications. 7. Ground transport mileage ("GTM"): Shall be statute mile from the location of the incident, scene, or center point of a rescue demand zone where an incident scene or address is located, to a hospital or other facility where a patient is transported. 7of7 P88 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 3-20-2012 20 Deed of Easement - E-9l 1 Towers SUBJECT/PROPOSAL/REQUEST: Public Hearing Requirements STAFF CONTACT(S): William D. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY: INFORMATION: INFORMATION: The Board of Supervisors has entered into a lease purchase agreement for the E-911 Communication Equipment with Banc of America. DISCUSSION: Banc of America is requiring easements on all County Communication Towers with new E-911 equipment in order to have the ability to go on the County property and remove the equipment if the County breaches the contract. In order to give the easement, the Board of Supervisors must hold a public hearing. RECOMMENDATION: Staff recommends the Board of Supervisors set a public hearing in accordance with §15.1-1800 of the Code of Virginia, 1950, as amended to get citizen input on a public easement on Tuesday, April 17, 2012. P89 Prepared by and L'pon Recording Return to: Hunton & Williams LLP 951 E. Byrd Street Richmond, VA 23219 Attn: Daniel M. Campbell, Esq. Tax Parcel Identification No.(s) WIRELESS COMMUNICATION EASEMENT AGREEMENT THIS W[RELESS COMMUNICATION EASEMENT AGREEMENT ("Agreement") is made as of the day of , 2012 ("Effective Date"), by and between PITTSYLVANIA COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia ("Site Owner"), and ~BANC OF AMERICA PUBLIC CAPITAL CORP, a Kansas corporation, having an address of 555 California Street, 4th Floor, San Francisco, California 94]04, Attention: Contract Administration] ("Bank"). All references hereafter to "Bank" and "Site Owner" shall include their respective heirs, successors, personal representatives, lessees, licensees and assigns (Bank and Site Owner, individually, a "Party" and collectively, "Parties"). RECITALS WHEREAS, Site Owner is the owner of that certain property ("ProPertX") located in the City of and County of in the Commonwealth of Virginia, having a street address of ,and which Property is more particularly described on Exhibit A attached hereto. WHEREAS, Bank plans to make certain financial accommodations and loans (the "Loans") to Site Owner in connection with the development of certain E-4l 1 radio towers (the "Towers") on the Property pursuant to that certain Master Equipment Lease Agreement, dated as of even date herewith, between Site Owner and Bank (the "Loan Documents"). WHEREAS, Site Owner desires to grant the Easements (as hereinafter defined) to Bank in consideration and as security for issuance of the Loans to Site Owner by Bank. NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars and other good and valuable consideration, the receipt and sufficiency of which Site Owner does hereby acknowledge and grant Bank full discharge and acquittance therefor, Site Owner and Bank agree to the following: 1. Grant of Easement. (a) Site Owner grants, bargains, sells, transfers and conveys to Bank: (i) an easement ("Communication Easement") in, to, under and over the Property for the transmission and reception of any and all wireless communication signals and the construction, maintenance, repair, replacement, improvement, operation and removal of towers, including, without limitation, the Towers, antennas, buildings, fences, gates, generators and related facilities (collectively, "Facilities") and any related activities and uses including those necessary for Bank to comply with its obligations under any agreements with other wireless communication providers and other parties utilizing the Facilities, including, without limitation, those listed on Exhibit B ("Existing Agreements") or otherwise approved by Bank, together with the right to enter the Property and access the Easements described below, without notice to Site Owner, twenty-four (24) hours a day, seven (7) days a week, as may be required in connection with the activities and uses described in this Agreement; and (ii) an easement ("Access and Utility Easements;" Communication Easement and Access and Utility Easements, collectively "Easements") in, to, under and over the Property for ingress and egress to and from the Communication Easement and a publicly dedicated roadway, and for the installation, repair, P90 replacement, improvement, maintenance and removal of utilities providing service to the Communication Easement and the Facilities, and any related activities and uses. (b) The Parties agree that the Communication Easement includes, without limitation, (i) the portion of the Property leased by Site Owner under the Existing Agreements, and (ii} the portion of the Property upon which any Facilities are located. 2. Assignment of Existing Agreements and New Customer Agreements. Site Owner transfers and assigns to Bank, as of the Effective Date, and from time to time thereafter all of its right, title and interest in, to and under the Existing Agreements, including without limitation, all rents, security deposits and other monies due the Site Owner specified therein. So long as no Event of Default (as defined in the Loan Documents) or non-appropriation (as set forth in Section 3.03 of the Loan Documents; hereinafter, a "Non-Appropriation Event") has occurred, the Site Owner shall have a license to collect all payments due and owing under the Existing Agreements. Upon an Event of Default or Non-Appropriation Event, the aforementioned license shall be automatically revocated and all such amounts shall be paid directly to Bank. The Parties intend that this Agreement serve as an absolute assignment and transfer to Bank of all rents and other monies due the Site Owner pursuant to the Existing Agreements. Nothing set forth herein shall be construed to impose any obligation on Bank to assume an obligation or liability under any of the Existing Agreements, it being hereby agreed that Site Owner shall remain bound by and liable for same notwithstanding any actions of or amounts paid to Bank. Prior to entering into or modifying any Existing Agreements, Site Owner shall obtain Bank's written consent thereto. 3. Use of Easements. Upon an Event of Default or Non-Appropriation Event and consistent with the uses set forth in Section 1 above, Bank shall have the right to lease, license, transfer or assign, in whole or in part, or permit the use of the Easements and/or its rights under this Agreement by any third parties including communication service providers or tower owners or operators, and any lessee or licensee under the Existing Agreements and the affiliates, agents, contractors, invitees and employees of Bank and/or Bank's present or future lessees or licensees (collectively, "Customers"). 4. Term. This Agreement and the Easements shall be perpetual commencing on the Effective Date. Notwithstanding the foregoing, in the event the Loans are fully satisfied and such satisfaction is confirmed in writing by Bank, the Easements shall be deemed surrendered. Bank may surrender the Easements for any reason or at any time. Upon surrender, this Agreement shall be terminated, and Bank and Site Owner shall execute and record such documents reasonably required to terminate the Easements at Site Owner's sole cost and expense. This Agreement may not be terminated by Site Owner. 5. Improvements; Utilities. Bank and its Customers, may, at their discretion and expense, construct such improvements in, to, under and over the Easements, consistent with the uses specified in Section I, all of which shall be deemed part of the Facilities. The Facilities constructed by Bank and/or its Customers shall remain the property of Bank and its Customers, as applicable, and Site Owner shall possess no right, title or interest therein. In the event that utilities necessary to serve the Facilities cannot be installed within the Easements, Site Owner agrees to cooperate with Bank and to act reasonably and in good faith in granting Bank the right to locate such utilities on the Property without requiring the payment of additional fees. If necessary, Site Owner shall, upon Bank's request, execute and record a separate written easement with Bank or with the utility company providing the utility service to reflect such right. Site Owner hereby irrevocably constitutes and appoints Bank as its true and lawful attorney-in- fact, with full power of substitution and resubstitution, to apply for and obtain any and all licenses, permits, consents or approvals which may be required in connection with the use of the Easements by Bank and as necessary to comply with applicable laws, statutes or regulations. 6. Taxes. Site Owner shall pay, on or before the due date, all present and future real property taxes, transfer taxes, penalties, interest, roll-back or additional taxes, sales and use taxes and all other fees and assessments, regardless of the taxing method (the "Taxes") attributable to the Property, this Agreement and the Easements. Without limiting the foregoing, except to the extent Taxes are the obligation of tenants under the Existing Agreements or Bank's Customers, Site Owner shall be solely responsible for the payment of such Taxes. Within ten (10) days of receiving a request from Bank, Site Owner shall famish to Bank a copy of each bill for any such Taxes and evidence of Site Owner's payment of such bill. In the event that Site Owner fails to pay any Taxes when due, Bank shall have the right, bui not the obligation, to pay such Taxes on behalf of Site Owner. Site Owner shall reimburse Bank for the P91 full amount of such Taxes paid by Bank on Site Owner's behalf within five (5} business days of Site Owner's receipt of an invoice from Bank. 7. Property Maintenance and Access. Site Owner shall be solely responsible, at its sole cost and expense, for the maintenance of the Property, and shall maintain the same in good condition and repair. 8. Representations; Other Covenants of Site Owner. Site Owner represents, warrants and agrees that: (a) it is the legal owner of indefeasible and marketable title to the Property with the right, power and authority to enter into this Agreement and to grant the Easements to Bank, and any consents and authorizations required in connection with the execution and delivery of this Agreement have been obtained; (b) except for the Existing Agreements and as disclosed on Exhibit C, no leases, mortgages, deeds of trust or other encumbrances affect the Property as of the Effective Date and Site Owner shall not permit any of the aforementioned to encumber the Property during the term of this Agreement, (c) Site Owner will comply with all governmental laws, rules and regulations applicable to the Property; (d) Site Owner has delivered to Bank true, correct and complete copies of the Existing Agreements, and no party is in default of any of their respective obligations under the Existing Agreements; (e) as of the Effective Date and throughout the term hereof, Site Owner shall not, without the prior written consent of Bank, amend or modify the Existing Agreements in any respect or exercise any rights granted by Site Owner to Bank under this Agreement, including, without limitation, any and all rights and remedies of Site Owner under the Existing Agreements; (f) notwithstanding anything to the contrary in this Agreement, Site Owner shall comply with all obligations of the lessor under the Existing Agreements; and (g) Site Owner shall not use nor permit its affiliates, licensees, invitees or agents to use any portion of the Property or any other property owned or controlled by Site Owner, either directly, indirectly or by action or inaction, in a manner which in any way could result in default of the Existing Agreements or otherwise interfere with the operations of Bank and/or any Customers. 9. Environmental Covenants and Indemnity. Site Owner represents that it has not permitted or engaged in the use of, and has no knowledge of, any substance, chemical or waste (collectively "Substance") located on, under or about the Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local ]aw or regulation. Site Owner will not during the Term hereof introduce or use any such Substance on, under or about the Property in violation of any applicable law or regulation. No underground storage tanks for petroleum or any other Substance, or underground piping or conduits, are or have previously been located on the Property, and no asbestos- containing insulation or products containing PCB or other Substances have been placed anywhere on the Property by Site Owner or, to Site Owner's knowledge, by any prior owner or user of the Property. Site Owner shall, to the extent permitted by law, indemnify and hold Bank harmless from any inaccuracy in connection with the aforementioned representations and warranties and all claims, costs, fines, judgments and liabilities, including attorney's fees and costs, arising out of or in connection with the presence, storage, use or disposal of any Substance on, under or about the Property caused by ttte acts, omissions or negligence of Site Owner or its respective agents, contractors and employees. This Section shall survive any termination of this Agreement. 10. General Indemnity. In addition to the Environmental Indemnity set forth above, Site Owner shall, to the extent permitted by law, indemnify, defend and hold Bank harmless against any and all costs (including reasonable attorney's fees) and claims of liability or loss arising (a) due to the breach of any representation, warranty or covenant of Site Owner set forth herein; and (b) out of the use and/or occupancy of the Property and Easements by Site Owner. This indemnity shall not apply to any claims to the extent arising from the gross negligence or intentional misconduct of Bank. 11. Estoppel Certificate. At any time during the term hereof, Site Owner shall deliver to Bank promptly after Bank's request a statement certifying: (i) that this Agreement and the Existing Agreements are unmodified and in full force and effect (or, if there have been modifications, stating the modifications and that the modified agreement is in full force and effect); (ii) whether or not, to the best knowledge of Site Owner, Bank is in default in performance of any of its obligations under this Agreement, and, if so, specifying each such default; and (iii) any other information reasonably requested concerning this Agreement and the Existing Agreements (the "Estoppel Certificate"). In the event Site Owner fails to dispute the Estoppel Certificate by delivery to Bank of a notice specifying the nature and circumstances of any matter in the Estoppel Certificate that is disputed by Site Owner within ten (10) days of receipt of the Estoppel Certificate, then all matters specified in the Estoppel Certificate shall be deemed true and correct, and the Estoppel Certificate shall thereafter be binding on Site Owner, and Bank may P92 thereafter rely on the Estoppel Certificate as a conclusive statement of fact by Site Owner as to the matters set forth therein. 12. Additional Customers. Upon an Event of Default or Non-Appropriation Event, Site Owner hereby irrevocably constitutes and appoints Bank as its true and lawful attorney-in-fact, with full power of substitution and resubstitution to negotiate and consummate leases, licenses and/or other agreements of use with Customers having a duration beyond the term of this Agreement. Site Owner ratifies and acknowledges the right of Bank to enter into such agreements, and the Property and Site Owner will be bound by such agreements throughout and after the termination of this Agreement for any reason. 13. Condemnation. In the event of any condemnation of the Easements in whole or in part, Bank shall be entitled to file claims against the condemning authority for, and to receive, the value of the portion of the Property so taken, including, without limitation, the Facilities, on which the Easements are located, business dislocation expenses and any other award or compensation to which Bank may be legally entitled. Site Owner hereby assigns to Bank any such claims and agrees that any claims made by Site Owner will not reduce the claims made by Bank. 14. Covenant Running with the Land. The provisions of and covenants contained in this Agreement shall run with the land and shall bind and inure to the benefit of the Parties and their respective successors, heirs and/or assigns as their interests may appear. 15. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given one (1) business day after posting with a nationally recognized overnight courier service, or the earlier of receipt or ten (10) days after posting by registered or certified mail, return receipt requested, to the addresses of Site Owner and Bank set forth on the signature page. Either Party may change its notice address by providing in writing a new recipient name and address by notice as set forth in this paragraph. 16. Miscellaneous. (a) This Agreement and all Exhibits attached hereto constitute the entire agreement and understanding of Site Owner and Bank with respect to the subject matter of this Agreement, and supersedes all offers, negotiations and any other written or verbal agreements; (b) any amendments to this Agreement must be in writing and executed by both Parties; (c) this Agreement is governed by the laws of the Commonwealth of Virginia; (d) if any term of this Agreement is found to be void or invalid, such provision shall be fully severable herefrom and such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect, and this Agreement shall be reformed and construed as if such invalid provision had never been contained herein, and if possible, such provisions shall be reformed to the maximum extent permitted under applicable law to render same valid, operative and enforceable to reflect the intent of the Parties as expressed herein; (e) upon the request of Bank, Site Owner shall execute such plats or surveys as deemed reasonably necessary by Bank for recordation in the public records of the County in which the Property is located; (f) the paragraph headings of this Agreement have been inserted for convenience of reference only, and shall in no way modify or restrict the terms of this Agreement; and (g) this Agreement may be executed in any number of counterparts, each of which shall, when executed, be deemed to be an original and all of which shall be deemed to be one and the same instrument. SIGNATURE PAGES FOLLOW P93 above. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written STATE/COMMONWEALTH OF COUNTY OF SITE OWNER: Print Address: City: State: Zip: Tel: Fax: ss. On the day of in the year of 2012, before me, the undersigned, a Notary Public in and for said State/Commonwealth, personally appeared as of ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the individual or the entity upon behalf of which the individual acted, executed the instrument. WITNESS my hand and official seal. My Commission Expires: Commission Number: P94 BANK: STATE/COMMONWEALTH OF COUNTY OF By: Name: Title: Address: City: State: Zip: Tel: Fax: ss. On the day of in the year of 2012, before me, the undersigned, a Notary Public in and for said State/Commonwealth, personally appeared as of ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the individual or the entity upon behalf of which the individual acted, executed the instrument. WITNESS my hand and official seal. My Commission Expires: Commission Number: P95 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY P96 EXHIBIT B EXISTING AGREEMENTS Subject to the terms and conditions of Section 2, Site Owner assigns and transfers to Bank, as of the effective date herein and thereafter, all of its right, title and interest in, to and under any existing lease agreements with other wireless communication providers and other parties utilizing the Facilities, and any amendments, transfers, modifications and/or assignments thereof, affecting any portion of the Property leased by Site Owner under any Existing Agreements, including, without limitation, the following: P97 EXHIBIT C TITLE ENCUMBRANCES (To be attached. ii178.000281 EMF US 38800765v3 P98 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 3-20-2012 ITEM NUMBER: 21 Award Auctioneering Contract SUBJECT/PROPOSAL/REQUEST: ACTION: Yes CONSENT AGENDA: ACTION: Auctioning of old Chatham Elementary School STAFF CONTACT(S): ATTACHMENTS: No William D. Sleeper REVIEWED BY: INFORMATION: INFORMATION: BACKGROUND: The Board of Supervisors voted for the County Administrator to seek Requests for Proposals (RFPs) from Auction Companies to auction the old Chatham Elementary School. Staff held interviews on Friday, March 16, 2012, to evaluate the various proposals. The County interviewed three (3) firms of the five (5) total responders. All the firms pointed out the R-1 Zoning by the Town would affect the sale price. RECOMMENDATION: Staff recommends the Board of Supervisors authorize the County Administrator to negotiate a contract with Wilkins and Co. Realtors to auction the old Chatham Elementary School. P99 APPOINTMENTS P100 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 03-20-2012 ITEM NUMBER: 22 Appointment - Pittsylvania County Beautification Committee- Dan River District ACTION: Yes INFORMATION: SUBJECT/PROPOSAL/REQUEST: Appointment to Beautification Committee CONSENT AGENDA: ACTION: INFORMATION: STAFF CONTACT(S): William D. Sleeper ATTACHMENTS: No BACKGROUND: At the February 6, 2012 meeting of the Board of Supervisors, the Board approved forming the Pittsylvania County Beautification Committee which would have seven (7) members, one (1) representing each electoral district of Pittsylvania County, who would be appointed by the respective Board member. 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 of the proposed candidate to be nominated for an appointment to that board, agencies, committee or commission be submitted to the Board of Supervisors prior to the board meeting. The Honorable James Snead has nominated Vicky Collie as the Dan River District representative for the Pittsylvania County Beautification Committee. RECOMMENDATION: Staff submits this to the Board of Supervisors for their review and consideration. P101 REPORTS FROM BOARD MEMBERS P102 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: ITEM NUMBER: Recommendations from Finance Committee SUBJECT/PROPOSAL/REQUEST: 03-20-2012 ACTION: Yes 12 INFORMATION: Committee Recommendations STAFF CONTACT(S): CONSENT AGENDA: ACTION: INFORMATION: William D. Sleeper ATTACHMENTS: Yes BACKGROUND: DISCUSSION: The Finance Committee of the Pittsylvania County Boazd of Supervisors will meet at S:OOpm Tuesday, March 20, 2012. Any recommendations to the Board of Supervisors from the Committee will be submitted following that meeting. (See Attached Agenda). RECOMMENDATION: Staff submits this to the Board of Supervisors for their review and consideration. P51 FINANCE COMMITTEE Pittsylvania County Board of Supervisors Tuesday, March 20, 2012 5:00 pm Conference Room 2 Captain Martin Building 1 Center Street Chatham, Virginia AGENDA 1. Call to Order 5:00 pm 2. Roll Call 3. Approval of Agenda 4. New Business (a) Budget approved for advertisement by the Finance Committee to the full Board of Supervisors 5. Adjournment P52 REPORTS FROM LEGAL COUNSEL P103 REPORTS FROM COUNTY ADMINISTRATOR P104 PITTSYLVANIA COUNTY Board of Supervisors EXECUTIVE SUMMARY AGENDA TITLE: AGENDA DATE: 3-20-2012 ITEM NUMBER: 24 Haven Board Appointment SUBJECT/PROPOSAL/REOUEST: Notice and Receipt of Objections STAFF CONTACT(S); William D. Sleeper ACTION: Yes CONSENT AGENDA: ACTION: ATTACHMENTS: Yes REVIEWED BY: INFORMATION: INFORMATION: BACKGROUND: The Board of Supervisors has an interest in Board Agencies or Commissions that the County Administrator serves on. I have been appointed on the Board of Directors of Haven of the Dan River Region. This is a nonprofit corporation whose mission is to support the victims of and promote an end to domestic violence and sexual assault in Danville and Pittsylvania County. DISCUSSION: RECOMMENDATION: As County Administrator, I want to know if anyone objects to my serving on this Board of Directors P105 1. Mr. Dan Sleeper PO Box 426 Chatham, VA 24531 2. Dr. Sue Davis 341 Main Street, Suite 100 Danville, VA 24541 3. Mr. John Moody Division of Social Services 510 Patton Street Danville, VA 24541 Danville, VA 24541 11. Mr. Michael Newman 341 Main Street, Suite 200 Danville VA 24541 12. Dr. Connie Fletcher 145 Holbrook Avenue Danville, Va. 24541 4. Mrs. Faith Stamps 308 Craghead Street, Suite 104 Danville, VA 24541 5. Sheriff Mike Mondul PO Box 3405 401 Patton Street Danville, VA 24541 6. Mr. John Gilstrap Big Brothers Big Sisters 308 Craghead Street, Suite 104 Danville, VA 24541 7. Mr. David Parrish PO Box 3300 427 Patton Street Danville, VA 24543 8. Mrs. Everlena Ross PO Box 1119 Chatham, VA 24531 9. Karen Ingram Domestic Violence Advocate 510 Patton St Danville, Va 24543 434 713 3666 10. Ms. Cherie Sible 142 South Main St. P106 CLOSED MEETING P107 ADJOURNMENT P108